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2010/06/22 City Council Resolution 2010-64RESOLUTION NO. 2010-64 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 CONFIDENTIAL UNIT WHEREAS, on October 27, 2009, the City Council adopted Resolution No. 2009 -111 approving the Summary of Terms and Conditions of the Tentative Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Confidential Unit; WHEREAS, the City Council directed staff to prepare an Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Confidential 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 Confidential 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 Confidential Unit, which is attached hereto as Exhibit "A." DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 22"d day of June, 2010. CITY OF ROHNERT PARK Mayor ATTEST: A— n 1 119 Clerk BELFORTE: AYE BREEZE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) r � •z� . 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 a non - industrial illness or injury_ For those_ employees who Have over one.(] ). year of continuous service, that. employee shall be entitled to utilize either accrued full pay iron- industrial sick leave'or a minimum of three .(3) weeks accrued Half pay non•- industrial sick leave, whichever is greater. Such disability`leaveon 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- industrial ill ness "or injury; 32 While the employee is on paid leave status; service 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 sheds 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. accumulated.but unused full..pay non - industrial sick Leave, or as specified, Half pay non- industrial sick leave, and other accrued leave; 13.4 An employee may absent from employment for a reasonable.colleetive 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 be 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; 13.5 Upon expiration of approved.leave, an employee shall be reinstated to her tormier Position or to a comparable one unless reinstatement to the former.or comparable position is. not possible because of legitimate business reasons unrelated to the 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_ 15. LIGHT OR LIMITED DUTY 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 permanent. They may involve-duties that differ from the normal work duties of the employee_ Such light, limited,. or modified duty shall terminate when the employee is physically 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 disabilitymay 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 herein, or has exhausted His/her accumulated sick leave benefits, said employee shall be considered on leave without pay 17.2 In such caseof 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.ieave 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; an unused sick leave may be applied as service credit towards an employee's retirement 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. 2 i _ 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 becontinued in accordance with the length of service schedule, as long as the employee's illness -or injury prevents them_ from working- Naturally, Naturally, this provision only applies in the case of temporary layoffs iyhen 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 employees) with disabilities. 22. LONG TERM DISABILITY This Disability Wage Plan; or any other such applicable plan, shall be corisidered 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 Plan at any time. Employees may be assured however that only.the most serious circumstances would result in the discontinuance or curtailment of the Plan. 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 - matting 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 by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability. 26. ADDITIONAL INFORMATION Employee's seeking further information regarding the.administration of this Plan are welcome to contact the City's Personnel Office. INDUSTRIAL DISABILITIES I - SEPARATE SCHEDULES The benefits which you are provided under the Disability Wage Plan 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 CaiPERS 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, CaIPERS, 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 23ra day of October, 2007. CITY OF ROHNERT PARK ATTEST: JA u Clerk Mayor BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE. VIDAK MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) f a 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 23ra day of October, 2007. CITY OF ROHNERT PARK ATTEST: JA u Clerk Mayor BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE. VIDAK MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) RESOLUTION NO. 2000-171P A 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 EMPLOYEES OF THE ROHNERT PARK CONFIDENTIAL UNIT WHEREAS, the City of Rohnert Park has renamed and established an employee bargaining unit know as.the Rohnert Park Confidential Unit (formerly Non - Represented Employees); WHEREAS, the City of Rohnert.Park wishes to keep a clear record of benefits by bargaining unit; WHEREAS, the City of Rohnert Park approved the CalPERS Employer Paid Member Contribution (EPMC) as additional compensation for Non - Represented Employees in Resolution 97 -202; WHEREAS, the City of Rohnert Park wishes to have documentation of EPMC for employees of the Rohnert Park Confidential Unit; 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 Conditions of Employment for the Rohnert Park Confidential Unit members which specifically provides for I 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 (EPMC) as compensation for all members of a group or class: WHEREAS, the following is a statement of the proposed change in reporting, compensation to CAPERS:. . The City of Rohnert Park elects to pay- 7% of employees' compensation earnable as EPMC and report the same 7% of compensation earnable as additional compensation. This benefit shall. apply to all employees, that are designated members. of the Rohnert Park Confidential Unit: This benefit became effective January 1, 1998 in Resolution 97 -202 under the name of Non - Represented Employees.. NOW,. THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park shall implement Government Code Section 20636, pursuant to Section 20691, by paying and reporting the value of the EPMC for all employees that are designated members of the Rohnert Park Confidential Unit, as indicated above. DULY AND REGULARLY ADOFW this .12th day of September 2000. ATTEST: x • �, N o a Mayor X FLORES: AYE MACKENZIE: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE AYES: (5 NOES: (0) ABSENT: (0) ABSTAIN: (0) • i . 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, B IT RESOLVED that the City Council of the City of Rohnert -Park 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 19th day of December, 2001. CITY CITY OF ROHNERT PARK 04� Mayo /J FLORES: AYE REII.LY: 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 Rohn eri 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 maydonate 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 Cityof 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. compensatory : time balance after the donation of. the corpensatory..tirrie: All time donated will be credited on' an hour -for-: hour . basis regardless of ' 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 this program_ 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:.2080 .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 NiO. 01- 270 , DATED 12/11101 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 initiall y 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 Riles and Regulations and has found them satisfactory_ NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park City Council that the PetSbrinel Rules and Regulations presented as revised and dated 2044 are hereby approved_ November 9, DULY AND. REGULARLY ADOPTED this 9`n day of ATTEST_ Deputy City Clerk "MR: AVE MACKENZW_ ABSENT SPRADLIN.. AYE VWAK- MARIMEZ-AYE NORDIN_ AYE AYES (4) NOES: (0) ABSENT: (I) ABSTA #N: (0) Cl7Y OF R014NER7 PARK Personnel Rules and Regulations CITY MANAGER'S ADMINISTRATIVE POLICY NO. 1: PERSONNEL RULES AND REGULATIONS TY OF ROHNE6RT PARK >rsonne[ Rules and Regulations NOVEMBER 9, 2004 Page 3 of 39 :ITY OF ROHNE RT PARK rs. J. 'ersorxtel Rules and. Regulations TABLE OF CONTENTS > CTlON 1 — INTRODUCTION ----------- --- - -•- --• ---- ----- •- - - -- -- ------------ —_-- - ---- ....... PAGES 3 _ 5 SECTION 2 — PAY PLANS AND COMPENSATION ---------------- ----------- ------------ --------- :_____ .......... PAGES 5 — 8 :3 SECTION 3 — BENEFITS ............................ `--- ----- ---- - - - - - -- -- ------------ PA S 8 — GE 20 SECTION 4 -- IN -HOUSE RECRUITMENT ............. ....:.:...::... .:;_�___r._..:--- •- _--- :- :• - -_- - ,:-- : -;.::: _RAGES20 — 21 SECTION 5 — RECRUITMENT PROCESS _- . _:._.-PAGES 21— 27 ;! SECTION 6 — SEPARATION AND REINSTATEMtNT_____:;: �: -- -PAGES 27 — 29 SECTION 7 — INCOMPATIBLE ACTIVITY /CONFLICTS 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 RESO 99 -01 — . ELECTRONIC MEDIA USE RE SO 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 03 -235 — OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 i CITY OF ROHNERT PARK Page 2 of. 39' Personnel Rules ancJ Regulations CITY OF Rf?HNERT PARK Personnel Rules and Regulations SECTION i - ►1VTR000eT #ON. A_ Purpose The City Manager, as Personnel Officer for .the City or his/her designee, is charged with the responsibility of the City's personnet.practices. tri order to establish an equitable and uniform procedure for dealing with personnel matters and to attract to municipal- service the best and most competent persons available, to assure that appointment and promotions of persons will be based on merit and fitness and to provide a reasonable degree of security for quatified.ernployees, the following rules and re9ufations are established_ 3- Coverage - These rules and regulatio e employees, and all positions and ns apply. to all offices, all regular felt -time employees, regular part - fim employments in the service of the City, except; T _ 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 safety reserve officers. 4- City Manager and Cify.Allorney_ S. Probationary employees, except. as expressly provided herein 6. Limited Service Personnel:(i.e_-ternporary or seasonal employees employed by the City not more than six (6) months during the fiscal year for special purposes)_ 7. Parttime employees paid .by the dour or.. employees. flay who do riot_ meet.the definition of regular part -time General Provisions - t- The City expressly prohibits discrimination in- emp)oymettt`ori the basis of race, religious creed, color, national or, ethnic origin, ancestry, mental or. physical disability, medical- condition, marital status, sex, sexual preference, political opinion,. political affiliation or on tfie. basis that an individual is age forty sex, or over, or any other .basis protected by federal, state orlocai law. 2- Art employee's work perforinarrce wily be evaluated b' -thtr in►iiiedrate s designee at least once a, year on a form y- �rvisor or the supervisor's their evaluations in fufi with eacb.ernployee, 00tri ebgoals'a6d eXnel atn Officer- Supervisors will discuss employee has done an Outstanding job and suggest ways in wh" -oeb Performance mand point out where the 91. -1 performance can be enhanced_ 3. At! regular appointments include a probation pr months for miscellaneous mployees, not less t�ltansiwe d uherern °# not less than twelve (12) employees; not -less than eighteen (18) months for &`Pa' tch em* employees, no Tess #ham eighteen ent 08) months for Public Safety sworn employees- . a_ Promotional appointments include a probatio supervis nary period of ,nbt.less than six (6) months for non - ory . employees and. twelve (12} months for supervisors (includes management classifications) - 4- Employees-must be physically and mentally able io perfoifn m the essential functions of the job, with or without reasonable accomodation_ iY OF ROHNERT PARK Page 3 of 39 rsonneWules and Regulations �ITY OF ROHNERT PARK , s '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, professiorrat, technical -or 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. Bargainin 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, election of employee benefits, and employment advancement, appraisal, or discipline- I-. 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 prompt €y notify the Human Resources Department of any changes in relevant personal informafion;: including but not limited to; mailing- address; telephone number; name(s) of dependent(s); and persons to contact iii .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 fides onfy.ort'a "need to know" basis. for legitimate business reasons. 2.. The City maintains a confidential file foi all employees which contains all medical information about an employee or applicant. Information in this confidential, file is obtained and maintained in accordance. with state and federal lawn (e_g_ the Cafdornia Confidentiality of Medical Information Act and the federal Health Insurance Portability and Accountability Act ( "HIPAA Ciry personnel have. access to. confidential medical files. only on a "need :to.Anow".basis for fegitinsale. business . reasons. 3_ All inquiries from outside 'agencies, firms, or individuals coneeming personnel -wilt be referred to the Human Resources Department for handling aril response_ This includes,- but is not -limited to, inquiries concerning 'employee perforrrrai►ce..or evaivatiton in connection with new employment opportunities and employment verification cheeks for financing purposes_ • This procedure applies to both former and present employees- -a-" Absent a wrhlen release from the employee, the Human Resources Department provides only dates of hire and termination, position title, anrf 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 tnrilf be made .a part of The employee's personnel file and will be available for his /her. scrutiny.. CiTY OF ROHNERT PARK Page 4 of 39 Personnel .Rules and Regulations CITY OF ROHNERT PARK Personnel, Rules and Regulations Any employee who wishes to review his or her: personnel records should ' contact the "yuman Resources Department and set up an appointrrrent at a.mvtualfy agreed upon time The review must the done in the presence of the Human Resources Assistant. or his /her designee at the location. where 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 be/she-has signed. This subsection does not apply to those el seq. ) employees covered by the Public Safety Officers' Procedural Bill. of Rights (Government Code §3300_ a. An employee is not entitled to Inspect records set- forth in Labor.Code section .119g_5(d} as it may, from time to time, ce.amended. impact records relating to the.investigation'of a erimiriaf offense or letters o{ reference_ b_ An employee is not entitled to inspect complaints, or investigation of co mplain €s, concern an event or transaction in which the employee was. involved or particiated to the extent that the disclosure of such information would consti #irte an punwarranted invasion. of personal privacy. 5. Employees have the right to respond i6mriting_to apy.evaluation report Such responses must be submitted within thirtypo) calendar days of the placed luation their nlererso and will be inctirded in the personnel fiie-records_ Destruction of Records - The employee personnet'records are considered a. permanent record and all Personnel file documents are retained by the City for the duration of the empfoyee's perriod of employment and for any subsequent period required bylaw. a. The records of former employees are relained 'in accordance Resolution 90 -461 ttvith the schedule established in _ b- Shredding destroys personnel records that. have 90-161. reached, the time limit established in Resolution SEGTiQ.N 2 = PAY PLANS AND C0M0 -ENSA h0N Classification Plan - 4. Creation of classifications. The City Council, Upon recommendation by the Personnel Officer, shalt create a classification plan for city ernployees_ Each: position shall be aUoeatecf to a etas icferitified by Gass title: Positions shaft have. the same glass: ii#!e when the Ohfotm. to the same specification or. ` when the positions' descriptions are- sufticienfl similar: as to y. responsibilities, level oi.supervision; and other characFeristics- au�l+f"ions, edpcatronat requirements, 2. Specification of classes.. A: class. may,. include more ihan`.prie. position_ Each cfass.vn71 have a specification, which includes: a concise,:descopthieiitte, a brief defiie�iori, a.deseription of the.essenfEai job duties and respoasib;jities, a - statement of special: re.quireirten(S, :and a statement of desirable glrallffCallORS_ 3. Reclassification - The Personnel Officer. is res Positions and recommending to .the City. Cour�E th eer aiorz >o nnew duties- anii responsibilities of existing classes_ The Personnel Officer shall review classificatiorns and a de the rations n the following situations- a- Upon the recommendation of the Supervisor or upon the request of an-empfoyee, the Personnel Officer has the right to reallocate a position to a different class whenever its' duties change materially, provided the reclassittcation can be accofnplished .within budget .lrrriitations_ The PersonneF Officer has Ihe. discretion to -deter mine when.the fiuties have materially changed v fiteh Y OF ROHNER-( PARK rsonnel Rules and Regulations Page 5 of 39 CITY OF ROHIVERT 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 ini €ial determination whether-the employee's ongoing job duties and responsibilities warrant a position -reclassification_ 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-Depart ment's recommendations. As a general guideline, the Personnel Officer will 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 accurately reflects the employee's ongoing job duties and responsibilities_ b: When the duties of. position so change that no appropriate class for it exists, the Personnel Officer must prepare an appropriate class specification 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. Salary Ran es. Plans and Com ensation i_ 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 fiat 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 ern oyee is moved frorh one class to a class with a higher maximum salary, the employee's salary in the higher crass will be the minimum salary for that class, unless that minimum is lower than, or the' same as, the employee's: salary at the time of the move. to 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 5% ihcrease in* salary unless limited by the• salary range maximum. The new review date for promoted etnpipyees is the date of promotion or in six (6) months it the employee in placed at Step A_ 4. Demofibns. When an employee is demoted, (moved from one class to .a class with a lower maximum salary),. the Personnel Officer will set the employee's salary wiihrn the range of the class to which the employee has been demoted.'In this event, the employees anniversary date wilt be the same as the effective,:date of demotion for purposes of conducting performance reviews and making corresponding salary adjustrrienis_ The employee's original hire date will continue to determine his or her eligibility other types of benefits and leave accruals. 5_ R.eciassi#ications:. Air 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 _employee's salary at the time of reclassification does not exceed the maxirnum 'salary for positions of 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 ROHMERT PARK Personnel Rules and Regulations employee will continue to receive his /her present salary untif such time as the' 'rnaximu class exceeds his /her rate of pay. m salary for' the C- Em to ee f erforrrian'ce Review andlvr Evaluation - The performance evaluation process is intended to improve Productivity and foster communication between conducted at .least an supervisors and employees. Evaluations should be nually 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 evalua #ion must indicate clearly whether. overall performance is superior, satisfactory, or substandard: The review process must:provide for employee feedback and face =to -face communication_ fie_ sups of the performance review will be utitizecf to determirie.ernployee's training and development needs_ 7. Salary adjustments. Results of the employee's current performance review will be used to determine salary adjustments on #he. employees anniversary .date_ Employees -whose - work satisfactory wilt be eligible, for advancement to the next higher step performance is the salary range_ Employees -who receive a less than satisfactory rating may not eligible o} a salary advancement on their anniversary date. 2. Employee review and response, . Employee will be provided with a copy of .his/her performance evaluation twenty -four (24) hdurs.,prior to the evaluation interview.. 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 (34) days after the evaluation interview: COntenis of an employee's performance evaluation are'not subject to the grievance procedure_ 3. Copies kept in personnel file_ .. The employee's complete, on nal, -and signed performance evaluation - including any written comments provided by the employee. is file Official the employee's . . official Personnel file kept in .the Human Resource Department_ D_ Pay.P„ rind -The pay period for all erripfoyees: is bi- monthly on the 15th and the last day -of -the month. When the''l5"' or the last dayof the moiith,falls: on a weekend or holiday;: paychecks will be available the Prior Friday_ Alk paychecks'are io be distributed to the departments and delivered to the employee by noon on the Z5'" or the last day of the:mooth. • Time cards_ All employees are required " to keep.a timecard and accuratelyreGord all hours worked_ a Full -time employees_ Regular frill -time worked. employees Will be paid,fnr .the prior two-week period b_ Part- tirrie employees, Regular ,earl =time -and hourly par{- iriae employees. must submit their timecards to the Finance Department .on the St' and :2e of ° €he month and- wilF be..paid the following pajrday 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 fiftmy.but the required documents_ :ITY OF ROHNEi T PARK 'ersonnel Rules arid Regulations Page 7 of 39 CITY OF ROiNERT PARK Personnel Rules and Regulations E. Overtime - Overtime hours must 'be approved in advance by the employee's direct supervisor or Department Head. •Overtime is to be kept to a minimum consistent with maintenance of essential City services. Atl non - exempt employees will be paid overtime as required by applicable law and in accordance with any provisions in applicable memoranda of agreement. F. •Compensatory Time Off - Subject to applicable memorandum(s) of -agreement or the oulline of certain• employment condition for non- represented employees, compensatory time off may be gfanted in lieu of overtime pay for overtime 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 betaken., 2. CTO for exempt employees. Management employees and any bona fide exempt personnel will receive administrative leave, as qualified under FLSA, in -lieu 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 ii 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 etect to pay employees for overtime worked it it is determined that an employee cannot reasonably take the-CTO without hindering the performance of essential City functions_ 4_ Pay -out of accrued CTO_ The City retains the right to payout unused CTO at all times selected by the City._ The current,memorandum(s) of agreement or outline of certain conditions of"em.ptoyrrrent will reflect accrual information, time, and manner in which any payment for unused compensatdry tme:wiIf be trade_ 5. Payment upon separation- Upon separation, all employees will be paid a lump sum for alt outstanding approved and accrued compensatory time aird /or administrative leave- -6. Use of •CTO. Employees who wish to use CTO must obtain prior authorization of their Supervisor or Department Head, The City's policy is to permit the use of CTO within a reasonable period after.lhe. request for use is made. Use of CTO on the specific dates requested by an employee wiIj 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 eslablishes'ihe holidays to be observed by the Gity 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 California, 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 shalt be observed on the - preceding Friiday. When. a holiday falls on a Sunday; -it shall be observed on the foil owirtg 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 07ftF ROMERT PARK . -.Persoru�et Rules and Regulations agreement will determine whether the employee is paid holiday pay or given compensatory time off_ if any - outline of conditions of employment or memorandum, of agreement conflicts. with this subsection, - the'provision of the conditions of employment ormemorandum of agreement will prevail. 3. •Holiday pay. kegular .full -time and regular part -time employees are entitled to receive time off with pay M their regular rate of pay for the holiday. Regular part -lime 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 errrployee who resigns may not select a holiday as-the employee's fast day of employment. 4. Required work on holiday_ An 'employee whose job performance is essential to maintai n public services may be required to. work.on a holiday. In such cases, the applicable MOA wit[. specify the pay acid /or benefits received for the work performed on holidays. B_ Vacation - ?_ Vacation. policy. All regular full -time and regular work w part -lime employees are entitled to vacation lime off ith pay. Eligible regular part -time employees accrue vacation at the rate of 5o% or 75% of the allotment established for full -time employees as .determined by the number of hours the part -time einpbyee is regularly scheduled to work_ Eligible employees will accrue vacation from the date -of -hire but iriay 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. VacaYson accrual_ Vacation accrues for regular full -time employees according to the following schedules established in the applicable Cvnfidenti _MOA .,s or Outline of Benefits for the Management and al Uriits_ 3: Use of vacation_ An employee's scheduled vacation must be approved by his /her supervisor_ The smallest amount of vacation time that may be used is Y, hour (15 minutes). An individual may have unused annual vacation leave carried over to the following.. calendar year_ if maximum accrual e readied, further vacation accrual will stop_ - When the employee uses paid vacation time and brings the avaitabfe 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 ihe.reg6irements of City service, an .employee is .required to forego a vacation during .the particular . calendar- year_ in such cases, the affected employee may apply to the Personnel Officer to increase -his or ter vacation cap by the number of-days the employee was not permitted t days. The Personnel Officer may, in his o Fake as vacation or her sole discretion, grant such requests from time to lime ati . - .' Vacation at termination__ Upon termination, an employee shall receive a lump sum payment. for the . balance of. accrued vaeaiiori hours_ Payment for unused vacation shall be made at the rate of pay. m. effect: for such employees at the time of termination: When termination is caused by the death of he 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 vnriting, signed by the employee and filed with the Finance Department, Payroll Office_ Vacation accruals are not paid to employees who are employed by the City -less than six months_ 5 - Holidays falling during vacation_ When a day designated and observed by the City. as a holiday occurs on a day on Which an employee is taking vacation, such employee shall not be charged as . using vacation for that- day. The employee's compensation for that day shalt. be holiday pay and he/she shall not.be paid or charged for vacation. Phis holiday policy is subject to. modification t air applicable MOA for represented employees_ hrough ,#FY OF ROHNERT PARK 'ersonnel Rules and Regulations Page 9 of 39 CITY OF ROHNER7 PARK Personnel.Rules and Regulations 6_ Illness during - vacation_ If an employee becomes ill_or is injured white 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 ninety (90) calendar days: C_ Sick Leave - 1. 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 shalt 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 repot1 his /her'diness or injury to his /her supervisor at the beginning of any sick leave period and daily thereafter - unless, oiherwise arranged_ The supervisor may require a written state men t from the employee's health care provider verifying that the employee is or was incapacitated and unable -to perform his/her duties_ Any absence: of five (5) dayso r more for sick leave will require a cerfification from a healthcare provider_ b_ Sick leave may be taken for an 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 appoint rrien #s provided; however.. that such leave rime .may be limited to four (4) hours in any one working day at the employee s supervitsors discretion_ d_ An efriployee requesting. to use paid sick -leave rretls# :specify .whether tiie use is for personal illness .or .to care for a family member. In the event that air employee eXhausts his /tier paict sick leave, he/she may be entitled to additiQnal unpaid leave under -the Family and Medical Leave Policy_ e- Any employee who is absent from work on sick leave .shalt. not engage in work. or other activities at anytime that wrxitd be in conflict with the inability to report for-work and to perform the duties assigned - If-an employee violates this policy, appropriate disciplinary-action will be taken, 4_ Sick leave accrual during leave :of absence_ Employees who are Off work on a paid leave shall. continue to accrue sick leave during the leave period- `Employees who are off work on an unpaid leave shall-no longer accrue sick leave after ninety (90) calendardays. 5. Accumulation, Accrued sick leave may be accumulated tci ,#he limits described irr ttte applicable Memorandum of-Agreement- l 6. Sick leave and Workers' Compensation disability payments_ . An employee receiving temporary disability payrrienls under the Workers' Compensation Laws;. may use accumulated sick leave in -order to continue to maintain his /her regular income_ Under such circumstances, the employee shaft 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 CmbF ROHI,IERT PARK Personngf Rules and Regulations D. Bereavement Leave.- I : 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 f 2) days of sick or vacation leave may be taken upon approval of the employee's supervisor it the employee. must travel out. of the ar one way)- ea (at least 250 miles 2_ Immediate family in this case means: spouse, domestic partner, father, father -in tavv, mother -in law, brOther, - brother -in -law, sister, sister -in -law, child (including stepchildren , ste. tether, aunts, uncles, grah.dparents, grandparent -in -law, grandchildren and relationships ini Loco Parentisenarxf 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 the employee is taking bereavement leave. E_ Militant/ Leave - Eligibility. The City grants military leave to all employees for service in the uniformed servic accordance with lederal and stale law. es in 2. Notice: The employee. must notify his /her supervisor of upcoming military duty at soon as helshe 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 white 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 leave exceeds thirty. days, the City will cortinue to pay the difference between the employee's normal salary and -the. total of his/her military .cornoer�ation if the employee is called to active duty as a result 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 Catiforiva: in such cases, the. employee shall submit his /her military earning statement to the Finance Departrnent; Payroll Office to assist in calculating the employee's salary, to no event will the employee be. compensated in excess of. his /her normal City salary- All other military leave is unpaid except where necessary to- maintain exempt status under the Fair Labor Standards Act. Employees may elect 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- Benefrts. a_ Health insurance._ . All health insurance benefits will remain in place while the employe is in. a paid military feave,stalus as. indicaled in Section 3 above. For employees in a nori Pay status, all heaifh insurance Wnefds will continue for a period of 12 workweeks on the same teirrrs .aruf 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 con. inueJ4s /her- b.eafth plan benefits, at the employee's expense, for up to.eighteen months: For employees both. in a paid and unpaid stales, the benefits shall be.provided in accordance write the Citys appl- �eable :aijreements, outlines, rules, policies and procedures and all state and federal- Paws_ Such.laerief -is may be subject to individual plan provisions- b-. Pension plan benefits. During any period of paid leave, the City will pay the employer ant• erreptoyee. contributions to CaiPERS_ Additionally, employees reiurning. from military Ie ave. are: entitled.Fo pension berlefts that accrued during military-service and to any CaIPERS conti":[iri(ions. :1TY OF ROHNERT PARK 'ersormet Rules and Regulations Page 11 of 39 ;ITY OF ROHNER-Y PARK 'ersonnet 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 if the employee had not taken mititary leave. d_ Seniority- Employees returning frorir military leave are entilled. 16 the•seniority and other. rights and benefits determined by seniority that they would have attained with. reasonable certainty had the employee not taken a military leave_ 5. Reinstatement. Employees will be reinstated in accordance with all applicable-.laws. Upon completion of military leave, the employee is required to furnish the Human Resources Department a copy of histher 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 law provides for the following reinstatement period.- a. For military leave of less than 31 days, the employe must report for reemployment at the beginning of the first regularly'scheduled work e day that would .fall eight hours after be. or she returns home, unless reporting within such time frame is impossible and Bien the employee must report as soon as possible. b. For military leave of more than 30 days. butless than 184 days, the En?ployee .must report for reemployment within 14' catendar days following completion of service, unless reporting within such time frame is impossible aria therrdhe employee must report`as.soori.as possible_ e_ For military leave greater than 181 days, the .employee -trust- apply foe reemployment within 90 days of completion of the service-,. F. Family, And Medical heave - 1. Eligibility. Family and medical1eave (tML° ) ..shall be.granled in accordance virith:ihe provisions of state and federal law. All employees who meet the etfgibiliity criteria stated iri Hits 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 -ihe 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 placernent of a child with an employee in connection wilh the adoption or fosler. care;-(2 )'-:to r are .for a chid, parent, spouse or domestic partner who has a serious health condition,, or .(3) for the employee's own serous health coridiEion That makes the employee either, unable -.to work at all or tenable to per#orrit one or more of the essential functions of the position•assigned.. 2_ Amount of FML. Eligible employees are.enthled to FML totaling twetve.(12 )'weeks vvrthin a 12 -month period_ The 12- rmonlh period within which the leave must -be taken begins on the date the employee's leave begins and concludes 12. months .aff�r -that. date_ This: leave-s". be .concurrent with any disability leave associated with pre§na' ricy, childbirth, or related pregnancy conditions as provided in the City's Pregriancy.Disability.Leave (PDL} Policy_ 3_ Intermittent leave. When medically. necessary. ..(as.certified by a health care- provider), leave may. be taken on an intermittent or ieduced leave: schedule_ . "InterrhittenI leave" is• leave •taken in separate blocks of tune due to a single event, rather than for one continuous period of tirrie;, and may include periods of not less than 114 of ari.ttour and up to several weeks. The Oily may require an employee CITY OF ROHNERT PARK Page 12 0138 Personnel Flutes and Regulations CITY•41' ROHNERT PARK Personnel Rules and Regulations Who is on a reduced work schedule or intermittent leave to temporarily transfer to an alternative Position. with the satire pay and benefits, if the alternative position better accommodates, the required work 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 fails to give thirty (30) days advance notice for fareseeable events without any reasonable excuse for the delay, the City reserves the right to Postpone .the leave until at least thirty (30) days after the written notice was received. 5_ Statement of healtb care provider. When the leave is for a serious .health condition, a health care provider rrrust provide written: certification to support the request for leave. The statement for an employee's serious health condition shalt 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 Io 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 be 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 on a regular basis by the City_ If the second opinion differs from the first opiniori, the City may require, at it 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 required if the employee requests an .extension to the leave requested in the original statement: The City does not require the certification disclose the underlying diagnosis without consent from the employee_ 6_ Pay during leave_ FML is unpaid except to the extent the employee elects to substitute accrued paid leave time_ An employee may use accrued sick leave when the FML is for the emplo yee's. or the, employee's family member's serious health condition. An employee may - substitute accrued vacation leave, compensatory time off and /or paid administrative .leave for any FML. The substitution of leave time does not extend the I2 -week maximum leave time_ . 7_ Insurance benefit premiums during FML_ An employee is eligible for the same insurance benefits and premium payments foi: 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, if the employee wishes to continue health insurance coverage r. or she may si so at his or her expense, al- the City's group rates_ The employee must.=. arrange for payment of fiisJher premium contribution, in advance. A lapse in insurance coverage wr7l occur if a premium payment is rriore than 30 days late, 8- Other benefits during.] ML_ During any portion of FML for which an employee substitutes other paid leave benefits, the employee. Will continue to accrue paid leave benefits (i_e., sick leave, vacation leave ); seniority; acid o #her Benefits to fine same extent that the employee would accrue those`benefrls y e ii not on FML' _ Employees on FML are not eligible for.holiday pa (.g. paid for holidays worked) for holidays that fall during FMC . 9. Reinstatement_ Except as provided in Section 21.3.7, an employee who takes FML shalt be eligible, foi reinstatetrieril to the employee's former position at the former rate of pay_ H.oiarever, if the position ITY OF ROMERT PARK Page 13' of 39 efsonnel Rules and Regulations . CITY 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 10 employment as if not on FML_ If an employee fails to report to work promptly at the end -of FML, the employee will 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 employee 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 00 %) of alt City employees as deter mined at the time of the request for leave_ 11. Statement regarding return to work.. It the employee takes FML leave for his or her own serious health condition, the City requires a statement by the 'employees health care providei that the employee is fit to return to his7her job. 12_ Other work_ The City shall 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 health care provider. A health care provider as used herein means a person holding either a physician's and surgeon's. certificate under applicable California taw or an osteopathic physicians and surgeons certificate under applicable California law or any.other individual duty 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 "r:apable of providing health care services" as set forth in the federal Family and Medical Leave Act and -its implementing regulations. G_ Pregnancy Disability; Leave - 1. 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 .ODL. PDL will be allowed for the period of disability'bul not to exceed four {4} months (88 working days,#orfull -time employees and pro-rata for part -time employees)_ PD! may betaken on -an. . intermittent or reduced hour basis when determined:inedicafly 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 'on a reduced schedule or intermittent leave to temporarily transfer to an alternative position if the afternative.position better accommodates the. required work schedule_' 3_ 14011ice of PD[:,_ Whenever. possible, an employee. must provide ai.least thirty (30) days advance written notice of the need for PDL` tt thirty (30) days notice is. not possible; nonce must be provided as soon as possible_ A_ Transfer privileges_ Employees who are pregnant or have a pregnancy - related medical condition may request .a transfer. to a less strenuous or- hazardous position of to less strenuous•.or hazardous duties, if such a transfer is medically advisable and' can be reasonably accommodated_ Where transfers are made based on the employee's health needs, the•emptoyee will receive the pay specified for the atternate.ppsitibry and/or duties. 5_. Statement by health care provider_ An employee requesting. PDL -shall provide ,the Human Resources Department with- certiftcalion from her health care provider stating the anticipated delivery, date aced estimated dates and duration of the disability. If there is a-change in diagnosis, and the dates are either accelerated or delayed, notification.from the health care provider is required. CITY OF ROHNERT PARK Page 14 of 39 Personnel Rules and Regulations CITY -OF ROl- NERT PARK Personnel Rules and Regulations A health care provider's statement must be submitted verifying the need for pregnancy disability leave Of for transfer, stating the following a_ The date on which the employee became disabled -due to pregnancy, childbirth or related medical condition or the dale 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,. the - .employee is unable to .perform one or more of the essential functions of her position .vvithout undue'risk to herself arid, the successful completion of her pregnancy, or that transfer is medically advisable_,' . A new statement may be required if the employee' Specified an e specified in the original statement. xtension of time beyond that 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 of accrued paid leave during the duration of PDL_ The subs maximum length of a PDL_ titution of paid leave does not extend the 7. Insurance benefit premiums during. PDL. An employee will receive the same insurance benefits and premium payments during PDL as if the employee were not on leave, for a maximum of twelve . ( 12) workweeks_. An employee on unpaid. PDL beyond this period may. continue health insurance or other benefit coverage at own her expense, at the Citys group rates_ The employee must arrange for payment of the premium contribution in advance_ A ,tapse..iri .insurance coverage wilt occur if .a Premium payment is more [ban -30 days late. 8_ Other benefits during PDL_ During any portion of PDL for which 'anemployee substitutes other paid leave benefits, the employee will continue to accrue paid leave benefits fi;e_; sick leave; vacation leave), seniority, and other benefits to the same extent-thal'the employee would accrue'hose benefits holidays that fall during the PDL_ if not on PDL Employees on PDL are not eligible for holiday pay (i_e_ pay for. holidays worked) for g- Reinstatement. An employee who takes PDL shall be eligible for reinstatement 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 dirties. If an employee fails to-report to work promptly at theend of PDL, the employee wilt; be a to have abandoned her employment unless additional leave has been approved ssumed 10_ Statement regardirig return. to work_ The City requires-an.em a statement from a health care provider that certifies the ernp}oyes €mess for ty PDL Yo .prgvide 1 f . Other work_ The City shalt take appropriate - disciplinary action if it del erriiines that an employee. has engaged in other work during a PDL that is inconsistent with the employees use'of PDL_ 12_ Definition of health care provider. A health care provider as -used herein means a person holding either a physician's and surgeon's. cectiiicate under applicable Galifornia lain► or an osEeopathic Physician's and surgeon's certificate under applicable California 'Iavr'or an licensed as a physician, surgeon,_'or. osteopathic. physician or surgeon. in anohe Other. s# individual or jur scJi lion who directly treats or supervises the treatment of serious health conditioris'or anybiher person who meets the definition of others. "capable of providing health care services° as set forih in the federal Family and Medical Leave Act and its implementing regulations_ ITY OF ROHNERT PARK Page 150# 39 ersomel Rules and Regulations 'ITY OF ROHNERT PARK 'ersonnet Rules and Regulations ' 4. Work- Related Injury. Arad Illness Leave - 1. Eligibility_ All City. employees are covered by Workers' Compensation insurance_ Alt 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 employee's supervisor. The supervisor must provide an Employee's Claim. for Workere Compensation Benefits form to. the injured /ill employee for completion as soon as possible, Within 24 hours of receipt from the employee, the supervisor must submit the completed supervisor's report of injury to the Human Resources Department. An employee who faits 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 di5abilify• 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 shalt be charged to the extent of wages paid by the City to the employee. 5_ Terininatiori after irvork- related4njury, or illness_ Unless otherwise prohibited by law,: an, eropioyee may be terminated after _;the treating' physician's finding that the employee's condition is . "permanent and stationary" and that the disability precludes the employee from doing the essential functions of. the job_ 6. Anniversary date: 'A regular employee who is- absent from work as the reisWt.of awork= incurred injury or illness shall retain tiffs /her anniver sarjr date. An employee who -has not completed the probationary. period is ineliigibte for certification to-regular status during leave for a work - related injuro and, . the date for completion of the probationary period will be extended to reflect the arriount 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 airy,'. judicial or administrative proceeding shall receive pay as though at worts for time spent in -the proceeding. The employee *must remit any.witness fees received to the Finance Department, Payroll Office, An ernployee subpoenaed to appear in a proceeding in which the City is not a party-shail. lie granted leave vrfihout pay during the tirrie recjuired for .that appearance, except where necessary .to. maintain The employee's exempt status under the Fair labor Standards Act, The employee may use accreted vacation, administrative leave or compensatory time for this purpose. J_ Jury Duty - All regular -and probationary employees'called to jury duty w'41-b e granted a paid leave_ A copy.of the jury summons must be given to the Human. Resources Department. The employee shall receive full pay -for the• time served on .jury futy, 'provided the employee remits to the City all fees as soon as received by the employee €or.suc"h duties_ Compensation for rinieage'or subsistence allowances shall not be considered'as a fee and shalt be retained I3y the employee: CITY OF ROHNERT PARK Page 16 of 39 Personnel Rules and Regulations CITY,% ROMNER7 PARE( 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. It an employee is required to report to jury duty within 2 hours of The scheduled start Of the workda the employee is not required to report to work at the start of the workday, but shall report directly to jury duly_ if employee is released from employee is required to report .jury duty with more Than one -halt of his/her workday .remaining, the io work to complete the regularly scheduled workday 1S_ Unpaid Administra[ive Leave - t.. Eligibility. Upon written request of an employee, the Perso Offi y nnel Wiper ma a unpaid Leave of absence without pay for a period not to exceed six (6) months.-.. pprove in writing an 2. Reason for.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 custody of a child in .a licensed day care facility Or in kindergarten th rough t2 grade will be 'h granted up to .40 hours in a 12 -month period (not to exceed 8 hours in One month) to visit the m school. site, if reasonable prior notice is given to the Personnel Officer_ .Addiitionally, a parent, grandparent, or guardian of a child may take time off to appear at a school in connection with the suspension of a child. The employee may use accrued leave for school visits ff accrued Leave is exhausted, the Personnel Officer may allow the employee to work an alternative accrued leave is accommodate the leave or provide leave.witbout pay_ Written proof of the date and time of the visit signed by an appropriate required to be provided to the Personnef Officer schoo! Official may be on return to thelob_ b. Vesting leave. Any employee, if he or she. does not . have sufficient time. to vote, may request up to two {2) hou ;s cif accrued paid leave either at theibeginning or end scheduled working hours to enable the emptoyee to vote. If the employee has no accrued paid leave, time off shall be granted without pay except. where necessary to mainta under applicable state and federal wage and hour laws_ in exemptions C- .. Domestic violence leave. An employee who is the victim of domestic violence may take unpaid .leave or use any available paid rime off.benelits.to ensure his/her health, safety or welfare, of that of • his/her child, by obtaining a temporary restraining_ order, a restraining order, or other court assistance_ AddiiionaJtY. an emptoyee .may take .leave to seek. medical or psychological treatment,. to obtain necessary social services, and/or to participate ,iri safety •planning or take oitiei actions: to increase safely.. The: empbyee mrist provide ceasonatile notice of the need for such leave and shall provide.evidence satisfactory to the Personiiel.(}ffr € er of participation in one or more of the activities spec[feii in the preceding sentence.- Theamount of leave provide tie in accordance with Labor Code seclion_230.i_ d shalt d Crime victim assistance leave_ An employee who is the victim of a crirrfe,.the immediate family member f a victim, a of .domestic partner of a victim, of the'chitd of a registered .domestic partner of a victim may take an unpaid leave or any available paid. time, off benefits to attend judicial proceedings related to that crime_ e. Emergency duty and training. leave: Volunteer firefighters and other emergency personnel may take an unpaid Leave or use accrued leave to perforiri emergerr d y may take up to 19 days leave per calendar year to en may' Volunteer firefighters provide reasonable notice to the Personnel {?#beer of the gage 'the. sucitj( yg and employee ovide fv The Personnel O #facer satisfactoryevidence.o {:participation in the' erkiergency duty or training. FY OF ko "NJERT PARK rsonnel Rules and Regulations Page i? of 39 ;ITY OF ROHMERT PARK 'ersonnel Rules and Regulations I- Miscellaneous leave_ In addition to the leaves described above, the Personnel Officer may approve other requests for unpaid leave at his/her 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 i 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 other benefit contracts, benefit levels, and administration procedures. More detailed information regarding these benefits is set forth in the official 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 terms or limitations of official plan documents, the provisions of the official plan documents will.prevail - Employees who .wish 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 time. 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 it it occurs on the first of the month. .3" Health insurance waived: by certain employees_ The City provides eligible employees alternative ;! medical bene.fits-when the -employee has coverage from another source and the employee waives benefits under the City's plan" These alternative benefits are described in Resolution N0." 96-203. 4. C_O_B_R_A- The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requKes.the.City, to offer employees. and* their eligible dependents an opportunity for a temporary exten Sion 'of health coverage upon separation of :employment or loss of dependency status- The specific provisions and resteictions of the Act are available frorn the Human Resources Department_ M. Miscellaneous Employee Benefits - I- 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 PlariAocument available upon request from the Human Resources Department_ 2. Lon term disability insurance. City provides Fong -term disability. insurance to regular full -time .and regular part -tire, employees.: The purpose of LTD insurance is to provide eligible employees with a perpentag& of normal income -when .an injury or illness occurs on or off the job- The City provi cis:two 'different LTD plans_ The terms of the specific plan care be found in the applicable MOA or applicable resolution outlining.coiditions of work and benefits- The terms and conditions of this benefit may be modified from lime-to time -in the event that the City changes carriers_ When an employee is. receiving' benefits from other sources, the total arnoirnt . of compensation 'received by the eiriployee, including LTD benefits, shall not exceed one hundred percent.'(100 %o) of the employees normal monthly income. 3. Catastrophic leave program- The catastrophic.leave program provides additional paid leave time to eligible employees suffering from .financial hardship and who olherwise meet the criteria of .the program" Please reter to Resolution 61- 270for the details of this program_ 4. Employee Assistance Program (EAP). The City provides, at no cost'lo all regular fuH =time and all regular, 12 -Mo6th part -brine employees, legal. dependents, . and domestic partners (per AB -05 effective January 1, 2005) an employee assistance program_ The program provides access to professional counselors and therapists to assist employees in resolving stress resulting"frorn persona! 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-Ot= ROHNERT PARK Personnel Rules and Reculitions therapist is confidential. No information is provided to th the EAP e City regarding .an eIigibfe member's use o #, .- To make an appointment with a counselor call Cigna Behavioral Health at (888} 373 -1125. For More information, contact the t Lyman Resources Department. 5. Health Care Tax-free, dollar account _prograrn_ This program allows permanent full - time or part -time employees to set aside a: maximum of $3,000 per calendar year of before tax wages for medical premiums_-­ co- payments, or out of pocket medical costs, as authorized by the Internal Revenue Services anrf 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 subjech to change due. to changes in federal and /or state law. 6. Dependent Care Assistance program_ This program allows eligible full -lime or part -time employes to set aside a maximum of $5,000 per calendar: year before 'tax wages for child care expenses employees 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 deferred income program now being administered by National Deferred and ICMA_ This program allows eligible full -lime or part -time employees to set aside a maximum of $13,000 per calendar year ($14,000 in 2005, $15,000 in 20(}6) . of before tax wages for. post - retirement income. as authorized by the Inlernai Revenue Services and the California Franchise lax Board_.A regular ernpjoyee becomes eligible on date -of -hire. Employee Participation in this program is coordinated through the Finance Department_ The tax deferral limits Pre subject to change due to changes in federal and /or state law. 8_ Hepatitis B program_.Betow:is an. explanation of the City's Hepatitis B Program_ Emptoyees:rvho hay have to perform .first aid as a regular -job duty or are in positions which might expose thern` to bodily fluids need to be offered the Hepatitis B immunization Program per the City's Blood- borne-Pathogens Program. These job classifications are_ Public Safely officer, P_S_ Lt. P.S. Division Commander: Director of Public Safely Community Services .Officer Evidence Technician: Property Specialist Not Auxiliary Firefighter 'Reserve Qfficer Seasonal MaintenanCe.Assislant . Maintenance Flefper Maintenance Worker) Maintenance Worker If 'Public Works Services Supervisor Recreation . Stpervisor At.the;tim..e.of the pre - employment physical; the candidate has a. blood test that lets the City know if they have the Hepatitis. B -anf bodq_ At the employment orientation, Human Resources. Department Provides ihe:new employee (if they are in one of. the jobs classes fisted above} iriformatiorr on'wirat Hepatitis B is and a check -off form, which indicates whether or not they wish the 3-sbot immunization Program- Human Resources (HR) logs in the employee's response in its safety records. qY OF ROHNERT PARK. ersormel Rules and Regulations page 19 of 39 . 'ITY OF RO MERT PARK , personnel Rules and Regulations Employees who wish the 3 -shot Hep. B series go get their shots;,inform,14R 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 shots..at.the C6unty Health t?ept_ and submit their receipt for reimbursement_ It is important that the employees -not miss an appl_ for a shot as they might have to-repeat the series_ There are-specific time €names for each shot_. It an exposure incident occurs at work; under .workers compensation, the City has the employee tested and if necessary they are given a Hep- 8 booster shot for additional protection. SECTION 4 - IN -HOUSE RECRUITMENT A_ 'Transfer - If an employee is qualified, the Personnel Officer may approve the transfer of an employee from one_ position in the City to another position in the same class or to another.positioni-in a diflerent.class with the same maximum salary_ 1- Types of transfers- a. Voluntary request for iransier initiated by department supervisor .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 W the provisions of Section 8- d. The Personnef Officer may transfer an employee to a class 'with a lower maxirrrurrr; 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 of €ected employees) and bargaining units) stating the nature of the transfer and an explanation as to why'the transfer 'rs necessary_ b. The employee has a right to respond. in writing withiri live (5) workdays from date of notice_ c. The employee has a right, through their bargaining unit, to file a grievance within the-ti - limits established in the grievance procedure- B. Promotion — 1_ Qualifications. A person may be moved to a class with a higher rnaxrmum salary only if he/she has the desirable qualifications for the higher class. These desirable qualifications are ascertained orb the. basis of information obtained from application forms; tests, examinations , - interviews, past perfoirnance reviews or evaluations, and /or input from an employee's supervisor_ 2_ tnternaflexternal.recruitmeri 1 tilling vacancies for positions above entry - level, consideration wilt - frrsi be given to existing Gety employees. However, - the Personnel Officer may recrul from .outside- when the Personnel Officer determines that appropriately quardied City er_rrployees are not avalabte to Jill the vacancy_ .The.City ieseryes the righuto: mt . f process to.TtE a: vacanc}i in a higher -level position or to .fill the vacancy by -ad Ca erilent of "qualified employee that currently occupies a lower- -level position_ CITY OF ROfIJERT PARK Page 20 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 list of names of persons in City- employ who qualify for .promotion to the vacant position f from the Human Resources Departmenl_ or consideration 4_ Determining pay for promoted employees. Refer to Section 2 - Pay Pla 13, Section 3. ns and Compensation, Part Trainee Pro ram - in. an effort to provide upward mobility opportunities for current City employees. and -to. provide employment opportunities to the general public, the Personnel Officer can add the word `Trainee° to any classification, 'within the financial ability of the City. except those represented b' a bargaining .unit, employed by the City and to recruit and select individuals to fill positions as deemed appropriate,' 1_ The training program'provides an•opportunity for a current employee to gain additional skills by: a. additional experience in a different classification, b. additional schooling; 'c. 'completion of an appropriate examination; d_ obtaining a Stale certificate or license in a specific classification_ 2. Recruitment for these positions may be promotional or open as deemed appropriate by O the Personnel Officer and the Initial salary would, be up io thirty percent (30 %) below the beginning of the established salary range. 3_ Transition from trainee Aassj frcation may occur as early as six {ti) months. but no later than two (2f years from the date.of appoiritinent_ Minimum qualifications for the positron must be aitainoci prior to transition_ Transition may "occur upon recommendation of th Personnel Officer_ e Supervisor and approval of „ the >_ Apprenticeship. Pro ram - The City may establish an apprenticeship program in parinership with a.local schbol district, Sonoma Stale "University, Santa Rosa Junior College, or an accredited trade school_ This Program would-be conducted in cooperation with the applicable bargaining units_ Probationar y Pe6oc#_ The ' probationary periods set forth in Section 5 also apply to all placements resufting from the in -house recruitment process_ SECTION 5- RECRUITMENT. PROCESS 4 Announcement of Vacancies -Notices of employment- opportunities in the City u` D be first announced in house, via electronic. rnad, alloying curient employees the opportunity to apply for the : position. The announcement .will also: be posted in ft City offices and publicized in any other ways necessary is attract the best qualified candidates_ 1. Open recruitment. The Personnel Officer has the discretion to begin open recruitment outside of Gity employ when belshe knows that th skills_ e City does not have employees with the required knowledge or 2_ Notices. Such-notices Wt-the classes in which vacancies are anticipated, specify the class title, salary range, fringe benefits, Ihe:nature of �work.performed and the qualifications.requued for emp[oyrnenar the. mass, -tell when- and .where to file applications for employment,-and� give information abotit the testing, scoring and selection. procedure to be used_ iTlf OF ROHNFRT PARK- Page 21 of 39 ersotinel Rules and Regulations OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR THE CONFIDENTIAL UNIT EFFECTIVE JULY 11 2009 - JUNE 30, 2011 TABLE OF CONTENTS 1. HOURS, DAYS, AND PERIOD OF WORK .............................................. ..............................4 2. OVERTIME /COMPENSATORY TIME ...................................................... ..............................4 2.1 Rate of Overtime Compensation .................................................... ..............................4 2.2 Compensatory Time Off .................................................................. ..............................4 2.3 Call Back ........................................................................................... ..............................5 2.4 Exempt Employees .......................................................................... ..............................5 3. HOLIDAYS ................................................................................................ ..............................5 3.1 Holidays Observed ........................................................................... ..............................5 3.2 Proclaimed Holidays ........................................................................ ..............................6 3.3 Day of Mourning or Special Observance ....................................... ..............................6 4. VACATION ................................................................................................ ..............................6 4.1 Vacation Schedule ........................................................................... ..............................6 4.2 Maximum Accrual ...................................:........................................ ..............................6 4.3 Eligibility for New Hires ................................................................... ..............................6 4.4 Discontinued Accrual after Ninety (90) Days ................................ ..............................6 4.5 Vacation Scheduling Based on Seniority ...................................... ..............................7 4.6 Regular Part-time Employees ......................................................... ..............................7 5. MILITARY TRAINING ............................................................................... ..............................7 6. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS ........ ..............................7 6.1 Fringe Benefit Administration ......................................................... ..............................7 6.2 Sick Leave ......................................................................................... ..............................8 6.3 Catastrophic Leave .......................................................................... ..............................9 6.4 Paternity Leave ................................................................................. ..............................9 6.5 Family and Medical Leave ............................................................... ..............................9 6.6 Light or Limited Duty ....................................................................... ..............................9 6.7 Americans with Disabilities Act ...................................................... ..............................9 6.8 Payment to Beneficiary ................................................................... ..............................9 6.9 Health Coverage ............................................................................... ..............................9 6.10 Dental Coverage .............................................................................. .............................10 6.11 Vision Care ....................................................................................... .............................10 6.12 Adoption Benefit ............................................................................. .............................11 6.13 Death /Bereavement Leave ............................................................. .............................11 6.14 Funeral Benefit ................................................................................ .............................11 6.15 Long -Term Disability Insurance .................................................... .............................12 6.16 Life Insurance .................................................................................. .............................12 6.17 Deferred Income .............................................................................. .............................12 6.18 Retired, Deceased and /or Permanently & Totally Disabled Employees ...............12 6.19 Education and Training .................................................................. .............................15 6.20 Longevity Pay .................................................................................. .............................16 6.21 Educational Incentive Pay .............................................................. .............................16 6.22 Retirement Programs ..................................................................... .............................17 6.23 Dependent Care Assistance Program ........................................... .............................18 6.24 Health Care Tax -Free Dollar Account Program ........................... .............................18 6.25 Hearing Aid Benefit ......................................................................... .............................18 6.26 Personal Leave Days ...................................................................... .............................18 OUTLINE - Confidential ❑ July 1, 2009 through June 30, 2011 Page ii 7. SALARY, FURLOUGHS & MISCELLANEOUS PAYS ........................... .............................19 7.1 Salary Adjustment ........................................................................... .............................19 7.2 Bilingual Pay .................................................................................... .............................19 7.3 Paychecks ........................................................................................ .............................19 8. ALCOHOL AND DRUGS ......................................................................... .............................19 8.1 Alcoholic Beverages or Other Drugs ............................................ .............................20 8.2 Off Duty Hours ................................................................................. .............................20 8.3 Prescription Drugs .......................................................................... .............................20 9. SMOKING ................................................................................................ .............................20 9.1 Non - smoking Pay Premium ........................................................... .............................20 9.2 Non - smoking Status ....................................................................... .............................20 9.3 Condition of Employment .............................................................. .............................20 9.4 Employees Hired After July 1, 1993 .............................................. .............................20 10. RESIDENCY ......................................................................................... .............................21 11. GRIEVANCE POLICY AND PROCEDURE ......................................... .............................21 12. USE OF CITY FACILITIES ................................................................... .............................21 12.1 Use of Sports Center and Lap Swimming Program .......Error! Bookmark not defined. 13. MANAGEMENT RIGHTS ..................................................................... .............................21 14. WORK CURTAILMENT (NO STRIKE CLAUSE) ................................. .............................21 15. PERSONNEL RULES AND REGULATIONS ...................................... .............................22 16. TERM OF OUTLINE ............................................................................. .............................22 16.1 Effective Date ................................................................................ ............................... 22 16.2 Termination Date ............................................................................. .............................22 17. INVALIDATION ..................................................................................... .............................22 17.1 Suspension of Agreement ............................................................. .............................22 17.2 Replacement .................................................................................... .............................22 18. NON - DISCRIMINATION ....................................................................... .............................22 19. PERSONNEL FILES ............................................................................. .............................22 20. EMPLOYEE PERFORMANCE EVALUATIONS .................................. .............................23 21. LAYOFFS ....................................................................... .............................23 OUTLINE- Confidential C July 1, 2009 through June 30, 2011 Page iii This Outline is a document that describes conditions of employment, fringe benefits and salary for employees in the Confidential Unit. The Confidential Unit currently consists of employees occupying the classifications of: Accounting Manager Accounting Services Supervisor Administrative Assistant - Confidential Deputy City Clerk Human Resources Analyst Human Resources Technician Secretary Secretary II (City Manager's Office) Secretary 11 (Office of the Director of Public Safety) 1. HOURS, DAYS, AND PERIOD OF WORK Unless an alternative work schedule is otherwise pre- approved by the City Manager 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 - The regular workweek for all employees shall consist of five (5) days, Monday through Friday. As may be determined from time to time my mutual agreement of an employee and his /her supervisor, the employee may volunteer for a workweek other than defined in this section. (c) Regular Work Period - A regular work period shall be forty (40) hours to be worked within the established seven (7) day work period beginning at 12:01 a.m. on Monday and ending at 12 midnight on Sunday. 2. OVERTIME /COMPENSATORY TIME 2.1 Rate of Overtime Compensation Overtime compensation at the rate of one and one -half times the employee's regular hourly rate shall be paid for all hours worked; (a) In excess of eight (8) nine (9), or ten (10) hours in any one workday. (b) In excess of forty (40) hours in any workweek. (c) On any Saturday or Sunday, or Holiday as defined by this Outline. 2.2 Compensatory Time Off A maximum of eighty (80) hours of compensatory time off may be accrued by an employee by mutual agreement of the employee and the Supervisor. OUTLINE - Confidential ❑ July 1, 2009 through June 30, 2011 Page 4 2.3 Call Back Employees who are called back to work after having left the work site shall be entitled to double time, with a minimum of two (2) hours' double time pay. 2.4 Exempt Employees Section 2.1 shall not apply to those positions that do not receive overtime pay, specifically the Accounting Manager, Deputy City Clerk, Human Resources Analyst and Accounting Services Supervisor. These positions are exempt under the Fair Labor Standards Act. This list is subject to change due to position reclassifications or the creation of new positions. The employees in the Confidential Unit shall receive up to ninety (90) hours of Administrative Leave per calendar year. Any unused Administrative Leave hours on a calendar -year basis shall not be carried over. Use of Administrative Leave is unrestricted. Up to sixty (60) 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. 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. 3. HOLIDAYS 3.1 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 OUTLINE- Confidential ❑ July 1, 2009 through June 30, 2011 Page 5 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 3.2 Proclaimed Holidays Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. 3.3 Day of Mourning or Special Observance 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. 4. VACATION 4.1 Vacation Schedule Vacation schedule shall be as follows as of July 1, 2004: Years of Service (Inclusive) Monthly Vacation Rate Annual Vacation Hours Up to 2 years 8.667 hours 104 3 to 5 years 10.000 hours 120 6 to 10 years 12.000 hours 144 11 to 15years 14.000 hours 168 Over 15 years 15.333 hours 184 4.2 Maximum Accrual (a) Vacation may be accumulated to a maximum of four - hundred (400) hours. (b) 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. 4.3 Eligibility for New Hires Employees must work a minimum of six (6) months before any vacation earned will be credited to said employee. 4.4 Discontinued Accrual after Ninety (90) Days OUTLINE- Confidential ❑ July 1, 2009 through June 30, 2011 Page 6 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 disability program for either industrial or non - industrial injury or sickness. 4.5 Vacation Scheduling Based on Seniority Preference for vacation scheduling will be on the basis of seniority within classification. 4.6 Regular Part-time Employees Regular part -time employees' fringe benefits shall be as provided in City Council Resolution No. 80.140, adopted August 11, 1980, a copy of which is attached hereto. 5. MILITARY TRAINING The City grants military leave to all employees for service in a uniformed service in accord with 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 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 increased for which they become eligible during military leave. 6. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS 6.1 Fringe Benefit Administration The 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 6) 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 Public Employees' Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the- City makes no representation OUTLINE- Confidential ❑ July 1, 2009 through June 30, 2011 Page 7 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 certain employee 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. 6.2 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 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 Each employee shall earn and may accumulate sick leave as follows: Hours Earned Monthly Hours Earned Annually Maximum Hours of Accumulation 8 96 1200 (c) Any employee hired before July 1, 1993, may voluntarily elect to participate in the sick leave program as provided in Section 6.2 (b) above with the following conditions: 1. That employee may convert only any unused full -time sick leave balance from the Disability Wage Plan Sick Leave Program as provided in Section 6.2 (a) above. Employees may convert up to a maximum of 1,200 hours. Any unused half -pay benefits will be forfeited and not subject to conversion under this section. OUTLINE- Confidential 11 July 1, 2009 through June 30, 2011 Page 8 2. Once an employee voluntarily elects to participate in this sick leave program, he /she shall remain in same with no return privileges. 6.3 Catastrophic Leave Leave benefits shall be provided as outlined in the Amended Catastrophic Leave Program, a copy of which is attached hereto, approved by City Council Resolution No. 2001 -270 adopted December 11, 2001. 6.4 Paternity Leave Regular employees may use up to three (3) days accrued sick leave for paternity leave, following the birth of a child. 6.5 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. 6.6 Light or Limited Duty Employees injured or ill from either on- the -job (industrial) or off- the -job (non- industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. They may involve duties that differ from the normal work duties of the employee. Such light, limited, or modified duty shall terminate when the employee is physically able to perform all his /her normal work duties. By virtue of this paragraph, the City does not intend to create any permanent light, limited or modified positions 6.7 Americans with Disabilities Act The City recognizes it has an obligation under law to comply with the Americans with Disabilities Act (ADA). 6.8 Payment to Beneficiary Upon death of an employee, any unused vacation and compensatory time shall be paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or beneficiary, any unused vacation and compensatory time shall be paid to the primary beneficiary specified by the employee on the employee's enrollment beneficiary card for City provided life insurance. 6.9 Health Coverage Employees will have a choice of Kaiser Permanente (Traditional Plan and HSA) or Anthem Blue Cross Prudent Buyer Plan (Traditional Plan and HSA); or any other comparable health plan offered by the City. 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. OUTLINE - Confidential C. July 1, 2009 through June 30, 2011 Page 9 As a result of any Federal or State law enacted subsequent to the effective date of this Outline, the City shall make an effort to maintain the level of benefits as provided for in this Outline. Alternate Benefit Eligible employees may receive an alternate benefit of $350.00 per month when having health insurance from a source other than the City. This benefit shall be provided as outlined in City Council Resolution No. 2007 -178, adopted October 23, 2007. 6.10 Dental Coverage The City shall continue to provide, at no premium cost to employees, dental service coverage for employees, spouses, domestic partners, and dependents. The plan offered by the City shall be the Delta Dental Preferred Option Plan, which for the most part, but with some exceptions, provides the following City coverage: (a) One hundred percent (100 %) of the cost of diagnostic and preventative care. (b) Eighty -five percent (85 %) of the cost of basic dental services. (c) Eighty -five percent (85 %) of the cost of crowns and restorations. (d) Fifty percent (50 %) of the cost of prosthodontics. (e) Two thousand dollar ($2,000) maximum benefit for dental services per person per year. (f) Fifty percent (50 %) of the cost of orthodontics with a three thousand five hundred dollar ($3,500) lifetime maximum benefit per person. 6.11 Vision Care The City will provide, at no premium cost to employees, the 12/12/12 Vision Service Plan with supplemental coverage 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 photo chromic 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. OUTLINE- Confidential ❑ July 1, 2009 through June 30, 2011 Page 10 (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) co -pay. (e) Contact lenses, in addition to glasses, every twelve (12) months subject to a fifty dollar ($50) co -pay. 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) co -pay per office visit. Examples of primary eye care include, but are not limited to, exams to diagnose pain in the eye, exams to monitor the progress of pre - surgical cataracts, diagnosis and tests for loss of vision, and treatment and management of glaucoma. (g) Laser surgery discount (PRK, Lasix /Custom Lasik). 6.12 Adoption Benefit The City will provide one - thousand dollars ($1,000) per child cash benefit to employees adopting minor children to help offset the cost of adoption. This cash benefit does not include the cost of adopting step- children, i.e. children of present spouse. 6.13 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, 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 definition of immediate family provided in Section 6.13 (c) above supersedes the definition in the City's most current "Disability Wage Plan ". 6.14 Funeral Benefit The City will provide fifty percent (50 %) co- payment, not to exceed two thousand dollars ($2,500), for funeral expenses for an employee or their OUTLINE- Confidential ❑ July 1, 2009 through June 30, 2011 Page 11 spouse only. This funeral benefit will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. 6.15 Long -Term Disability Insurance The City shall provide, at no premium cost to employees, long -term disability income protection insurance coverage. The basic benefit shall .be sixty six and two thirds percent (66 2/3 %) of the employee's monthly base pay with a maximum benefit of five thousand and thirty three dollars ($5,333). In no event shall the employee receive more than full salary. The benefits provided under this section are subject to the characteristics of the individual program. (a) The waiting period for the above long -term disability benefits plan shall be ninety (90) days. 6.16 Life Insurance (a) The City will continue to provide, at no premium cost to employees, fifty thousand dollars ($50,000) life insurance coverage for employees and one thousand dollars ($1,000) for dependents. This 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 /her own cost, additional life insurance coverage under the City's group program. 6.17 Deferred Income The City will continue to make available to the employees a deferred income program, now being administered by Nationwide Retirement Solutions and International City Management Association (ICMA) or a similar program with another institution acceptable to the City. 6.18 Retired, Deceased and /or Permanently & 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 OUTLINE - Confidential ❑ July 1, 2009 through June 30, 2011 Page 12 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 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 sections 6.18(a)1 through 3 above, the City agrees to provide /offer and pay OUTLINE- Confidential ❑ July 1, 2009 through June 30, 2011 Page 13 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 tSection 6.18(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 6.18(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 6.18(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 6.18(a). Part-time (non- benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid 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. OUTLINE - Confidential ❑ July 1, 2009 through June 30, 2011 Page 14 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 6.18(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 6.18(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 Sections 6.20(a) above: 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. 6.19 Education and Training The City desires to encourage employees to advance their 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 accredited 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. For general guidance, acceptable courses will be those courses which are necessary to receive a Bachelor, Master, Doctorate degree or that apply to the receipt of a professional certification. The maximum allowed amount reimbursable for tuition is one thousand dollars ($1,000) per OUTLINE- Confidential E, July 1, 2009 through June 30, 2011 Page 15 instructional period plus books and materials, with a total reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year. The City acknowledges that the work schedule of its Confidential Employees may require the participation, in a "working professionals" program such as the program offered locally by the University of San Francisco. The tuition costs of working professionals programs are substantially higher than SRJC and SSU. To encourage the continuing education of employees, the City will allow the employee to submit an annual reimbursement of their tuition /books /materials costs while they remain employed. See example below: Tuition of Master of Public Administration Program = $7,200 Year One reimbursement = $3,600, Employee remaining debt = $3,600 Year Two reimbursement = $3,600, Employee remaining debt = 0 The updated reimbursement provision is intended to apply for tuition related costs on or after January 1, 2008. The reimbursement benefit is available to employees throughout the term of this outline, but it does not obligate the City to tuition expenses beyond the expiration on the terms of this agreement. 6.20 Longevity Pay The City shall continue to provide longevity pay to employees based on continuous years of service, as defined in Section 6.18(a)8 as follows: Completed Years of Service Pay Percentage Increases 5 years 2% For each completed year 1/2% 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. For employees hired after 10/10/95, the longevity program as outlined above does not apply. 6.21 Educational Incentive Pay (a) Bachelor's Degree The City will provide a $50.00 per month stipend to an employee possessing a Bachelor of Science or Arts Degree under the following terms and conditions: 1) An employee must have been hired after 10/10/95 and not be eligible for longevity pay as outlined in Section 6.20. OUTLINE - Confidential ❑ July 1, 2009 through June 30, 2011 Page 16 2) The Bachelor of Science or Arts Degree is not a minimum qualification or educational requirement in the employee's class specification. (b) Master's Degree The City will provide a $50.00 per month stipend to an employee possessing a Master of Science or Arts Degree under the following terms and conditions: 1) An employee must have been hired after 10/10/95 and not be eligible for longevity pay as outlined in Section 6.20. 2) The Master of Science or Arts Degree is not a minimum qualification or educational requirement in the employee's class specification. (c) By providing educational stipends the City does not infer, intend or agree to meet and confer or meet and consult over minimum qualifications or educational requirements for any position covered by this Outline. The City at its sole discretion, and as its exclusive right, determines position qualifications. 6.22 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 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. OUTLINE- Confidential a July 1, 2009 through June 30, 2011 Page 17 (e) The City pays eight percent (8 %) of the employee's contribution into CalPERS for all miscellaneous members of the confidential unit as indicated in Section 5.23 of this outline. The City shall report eight percent (8 %) of the Employer Paid Member Contributions (EPMC) to CalPERS as additional compensation for all miscellaneous members of the Confidential Unit. The City will report the value of the EPMC in accordance with all applicable provisions of the Government Code, law and requirements of the CalPERS. The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies 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. 6.23 Dependent Care Assistance Program The 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. 6.24 Health Care Tax -Free Dollar Account Program The City will continue to provide the Health Care Tax -Free Dollar Account Program as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed medical expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 6.25 Hearing Aid Benefit The City will reimburse an employee eighty -five percent (85 %) with a lifetime maximum of three thousand dollars ($3,000) for hearing aid device(s). 6.26 Personal Leave Days Each employee, who is in a paid status, shall be granted three days (24 hours) of paid personal leave each fiscal year of the Outline. This provision expires on June 30, 2011. Personal Leave may be taken as time off only on day(s) mutually agreeable to the employee and his /her Supervisor. The leave shall not carry over into the next fiscal year. The Department shall accommodate the request for personal leave unless the Department would incur overtime charges. This personal leave is in addition to any other leaves granted under this Outline. OUTLINE- Confidential C July 1, 2009 through June 30, 2011 Page 18 7. 8 SALARY, FURLOUGHS & MISCELLANEOUS PAYS 7.1 Salary Adjustment (a) Salaries will not be subject to a general wage increase during the term of this Memorandum of Agreement. (b) 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. Non - exempt employees' monthly salaries shall be reduced by a percentage equal to approximately eight and four - tenths (8.4) hours per month between November 1, 2009 and June 30, 2011, representing a total of one - hundred and sixty (160) hours and an approximate annualized wage reduction of 3.85 %. The furlough bank of hours ends at the end of this Agreement and may not be carried forward. Exempt employees must use at a minimum 8 hours of furlough leave per month, up to their furlough bank of one - hundred and sixty (160) hours through the term of this Agreement. 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. 7.2 Bilingual Pay Special compensation shall be given to employees in the Rohnert Park Confidential Unit who possess bilingual skills. That is, when the City designates a position or person as bilingual proficient such an employee in the designation shall first demonstrate a language proficiency of job - related terminology acceptable to the Supervisor and the City Manager. Thereafter, the employee shall be entitled to bilingual pay at the rate of one hundred dollars ($100) per month. Said employee shall be subject to re- testing. Bilingual designation shall be at the sole discretion of the City. 7.3 Paychecks Paychecks shall be distributed by the City to employees by noon on payday. ALCOHOL AND DRUGS The City and the Confidential Unit agree 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 will 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 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 OUTLINE - Confidential.❑ July 1, 2009 through June 30, 2011 Page 19 this situation could place the employee as well as co- workers and the public at risk of injury. 8.1 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. 8.2 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 ours, the employee must decline the request to work. 8.3 Prescription Drugs Employees using prescription drugs which affect the employee's ability to work safely must inform their supervisor and may be assigned to other appropriate duties or required to take sick leave. 9. SMOKING 9.1 Non - smoking Pay Premium For employees hired before 7/1/93 who refrain completely from the use of tobacco in any form, City agrees to provide a $25 per month pay premium 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. 9.2 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 employees shall be used to verify continued non - smoking status. 9.3 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, the City will refer the employee to the employee assistance program for consultation and referral. 9.4 Employees Hired After July 1, 1993 The City and Confidential Unit acknowledge that due to the City's commitment to hiring employees with the clearly 'expressed condition of employment that they refrain from smoking, that employees hired after July 1, 1993 shall not receive a $25 pay premium for not smoking. OUTLINE - Confidential ❑ July 1, 2009 through June 30, 2011 Page 20 10. RESIDENCY All employees are encouraged to reside within the City. For the term of this Outline, all employees residing within Rohnert Park shall receive a $60 per month residency bonus. At the discretion of the City Manager, said residency bonus may increase to no more than $65 per month at any time during the term of this Outline. 11. GRIEVANCE POLICY AND PROCEDURE The City will comply with the grievance procedure as outlined in Resolution No. 79 -22, adopted February 13, 1979. Failure to meet any timeline 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. 12. USE OF CITY FACILITIES Employees and their spouse or domestic partner, and eligible dependents (as defined in IRS Fact Sheet FS- 2005 -7), 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 12. Other activities requiring payment of a fee can be discussed with the City Manager for consideration of a waiver of part or the entire fee. 13. 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 to set standards of service to be offered to the public; and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this 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 lay off its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. 14. WORK CURTAILMENT (NO STRIKE CLAUSE) OUTLINE- Confidential E July 1, 2009 through June 30, 2011 Page 21 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. 15. PERSONNEL RULES AND REGULATIONS The City agrees to meet and confer with the Rohnert Park Confidential Unit on any updates or changes to the Personnel Rules & Regulations. 16. TERM OF OUTLINE 16.1 Effective Date This Outline is to become effective on July 1, 2009. 16.2 Termination Date This Outline will terminate on June 30, 2011. 17. INVALIDATION 17.1 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 which shall continue in full force and effect. 17.2 Replacement In the event of suspension or invalidation of any article or section of this Outline, the City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 18. NON - DISCRIMINATION The 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. 19. PERSONNEL FILES An employees or his /her duly authorized representative has the right to inspect his or her personnel file maintained by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of the personnel file. OUTLINE- Confidential ❑ July 1, 2009 through June 30, 2011 Page 22 20. 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 (30) days after the evaluation interview. 21. LAYOFFS The City agrees to make good faith efforts throughout the term of the Outline to avoid layoffs of members in the Confidential Unit. In the event that the City considers layoff of members of the Confidential Unit, the City will notify the members in writing and the members will have thirty (30) calendar days to submit alternatives, adjustments and /or concessions for consideration by the City in order to avoid or minimize layoffs. This provision of the Outline expires June 30, 2011. OUTLINE- Confidential ❑ July 1, 2009 through June 30, 2011 Page 23 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 Council Resolution No. 80 -140, adopted August 11, 1980 - Regular PIT Employees' Fringe Benefits City's most current "Disability Wage Plan" as updated by City Council Resolution No. 92 -174, adopted October 27, 1992 City Council Resolution No. 2007 -178, adopted October 23, 2007 - Alternate Benefit City Council Resolution No. 2000.179, adopted September 12, 2000 - Ca1PERS Employer Paid Member Contributions City Council Resolution No. 2001 -270, adopted December 11, 2001- Catastrophic Leave City's Personnel Rules & Regulations OUTLINE- Confidential D July 1, 2009 through June 30, 2011 Page 24 ATTACHMENT A: Retiree Medical Insurance Table PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/09 THROUGH 6/30/11 EMPLOYEES HIRED PRIOR TO JULY 1, 1993 who retire between 711109 and 613012010. EMPLOYEES HIRED PRIOR TO JULY '1,1993 who retire between 7111109 and 613012011. City Ongoing Ongoing City contribution monthly City monthly City formula at time of 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. &efi ible others. 80% $402.80 $805.59$32 $33233 }$6 4y Years based on 80% of the premium cost at at EMPLOYEES HIRED PRIOR TO JULY '1,1993 who retire between 7111109 and 613012011. EMPLOYEES HIRED between JULY1,1993 and June 30, 2007 who retire between 711109 and 613012010 City Ongoing Ongoing bution monthly City monthly City time of contribution to contribution to t is: LZ%of Lowest employee -only Lowest employee +1 retiree premium: retiree premium: e lowest premium cost at time premium cost at Enroll retiree Enroll retiree ium. of retirement time of retirement onl . &efi ible others. 80% $415.41 $830.81 $33233 $6646 EMPLOYEES HIRED between JULY1,1993 and June 30, 2007 who retire between 711109 and 613012010 EMPLOYEES HIRED between JULY1,1993 and June 30, 2007 who retire between 711110 and 613012011 City contribution 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. 95- WE' 19.99* 50% 80% $402.80 $805.59611���21 $�166$333320 M $402.80 $805.59 SM �{ 25+ 11 100% 80%, $402.80 $805.59$3 a2 6 ,; 7 r: EMPLOYEES HIRED between JULY1,1993 and June 30, 2007 who retire between 711110 and 613012011 *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only. OUTLINE- Confidential ❑ July 1, 2009 through June 30, 2011 Page 25 City contribution 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. 15 -� WE' 19.99* 50% 80% $415.41 $830.81 $�166$333320 1` f $415.41 $830.81 WMNQ- am xg� 25+ 100% 80% $415.41 $830.81K�$33, *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only. OUTLINE- Confidential ❑ July 1, 2009 through June 30, 2011 Page 25 RESOLUTION NO. 79 -22 10 EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION BE IT RESOLVED 'BY 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.following 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. Citymeans the City of Rohnert Park_ c.. Employee means. any city employee, regardless of. status_ . d_. Grievance means a comtaintor 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 informally or formally, a grievance procedure either f. Immediate Supervisor means the individual who imrhediately assigns, reviews, or directs the work of an employee_ g- 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. i. 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 been provided such as performance appraisals; demotions, suspensions, and dismissals. Disputes concerning exclusive city'nghis with respect to mattes of general legislative or. managerial policy :do not constitute grievances under this procedure_ The nature of these "exclusive city rights 'are described in Section 3.e. below. b., A grievance maybe 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 legal counsel. d. No employee or. recognized employee organization shall be interfered with, intimidated; restrained, coerced,. or discriminated. :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 i #s constituent departments, commissions and. Boards; set standards of service; "determine:: the procedure and .standards of selection for employment; .direct its employees;' taker disciplinary,. action; relieve its employees from duty because of lack : of work or for. other 'legitimate reasons; maintain the efficiency of governmental. operations; determine the methods, means and personriel .by which government _operations are to be .conducted; take =all necessary actions to carryout- i#s:mission1h: :emergencies; and exercise complete control and discretion over its. organization. and technology of performing its work. ARTICLE 11- :INFORMAL _GRIEVANCE. PROCEDURE SECTION 4 GENERAL \ a. It is the mutual responsibility ..of -.67m ployees; employee. organizations, and management to resolve grievances. informally and. at. the ::lowest .practicable level of management, whenever-possible: b. Informal procedures. must be exhausted prior .. to initiation 'of the- formal grievance procedure_ SECTION 5 STEP ONE —.IMMEDIATE SUPERVISOR a. The grievant shall 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. grievance arid. the. solution desired.. The supervisor. shall present an . informal, verbal decision with reasons'therefore to the grievant irvithin five (6) working days after the meeting.. . b. Any grievant whose grievance is. not. resolved to: his /her satisfaction may institute a format grievance procedure. Such fohnal .;procedure shalt conform With the steps and-provisions prescribed in Articles III and IV. Page 4 1 ARTICLE Ill — FORMAL. GRIEVANCE PROCEDURE SECTION 6 GENERAL a_ All the format grievances shall be in. writing_ A supply of grievance forms shall `be maintained' in .each department and shall be readily accessible to all employees and recognized employee organizations. b...Eacl}. 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 gnevarice.originates concerning the. times and places of all grievance .proceedings. The highest level of management involved shall notify,. the appropriate . recognized employee organization(s) in - writing prior to implementation 'of. any grievance settlement which affects the rights or conditions of.erripioyees they represent_ SECTION 7 STEP TWO -= INTERMEDIATE SUPERVISOR a: The grievant may appeal: the, immediate supervisor's decision by completing Section Z 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.$ ':STE-P THREE - DEPARTMENT EAD a:' The: grievant' may appeal the intermediate supervisor's decision by completing Section'3 :of: the grievance form and filing -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, render a'decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant. SECTION $ STEP FOUR -CITY MAIJAGER a.' 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 live (5) working days. b. 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. SECTION 10 ' STEP FIVE _ GRIEVANCE APPEALS COMMITTEE a. 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. b_ 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 shall forthwith notify the Page 5 grievant and his/her representative of the tune and place at which the appeal, will be considered. c. The Grievance Appeals Committee shall conduct a Bearing „arid shall hear.all witness, testimony and evidence from both sides and shall. render .a written decision on the grievance form. together with reasons. therefore and return. the form to the grievant, through the Personnel Office, within ten (10) working days- co A mplete. tape recording and /or transcript shall. be kept for all Grievance Appeals Committee hearings. The cost of any transcript or transcript of any tape recording shall be paid for -by the requesting party: d. A maiority decision of the Grievance Appeals Committee shall be final and binding'unless such decision binds the city to .a financial. expenditure which can be a0thorized only by the City Council. In such. case the .City Council' 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 1V --= RULES OF PRO-CEDURE SECTION 11 COMBINING GRIEVANCES .. An employee shall include all current grievances in one grievance procedure. To the degree practicable, grievances shall not be duplicated_ If several `grievants wish to .present . grievances which are the same or substantially similar, such grievances shall. be joined in one proceeding by mutual agreement of the grievant.. or grievant's representative .:and the Personnel Department. Where there'is -no mutual "agreement to join grievances, the: same or substantially similar grievances shall be processed sequentially,' by. appropriate unit, in the order filed and time limitations will' be held in abeyance .pending complete processing of earlier complaints. SECTION 12 Mritm LEVELS OF REVIEW Any. steps in the grievance procedure, other.than steps, one and Jive, 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 grievance'form by the grievant or grievants and the level ,of management/Grievance Appeals Corrirriittee involved iri 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 of`management to meet with the grievant or to render a decision within -the time,limits prescribed : shall justify appeal toa the next step of the grievance .procedure_ SECTION 14 TIME OFF a. When practicable, .proceedings shall be held within the employees' normal working hours. If held a# other than the employees' normal. working hours, the employee shall be entitled to an. equivalent number of hours 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 representative. of a recognized employee organization at. a grievance procedure, or representing a grievant, provided that before leaving.his /her usual' duties the employee shall. obtain permission from the . immediate supervisor involved. Such permission -shall not be unreasonably withheld: SECTION 15 PRIVACY . Ail: grievance procedures shall be conducted in closed sessions, .except that specified observers may be admitted by mutual agreement of the parties involved. ARTICLE V — GRIEVANCE APPEALS COMMIT/ EE 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 18 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 shall 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 SECTION 19 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 law_ Page 7 b. This resolution shall be interpreted so as to carry out its purposes as set forth. in Article 1. SECTION 20 SEVERABILtTY If any provision 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;.shAl not be affected thereby. DULY AND REGULARLY adopted this thirteenth day of February, 1979_ . CITY OF ROHNERT PARK /s/ 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. 80 -140 RESOLUTION OF THE Cdunn OF.THE CITY OF ROHNERT PARK;OUTLINING POLICY FOR PROVISION OF FRINGE BWFhT ' 0 PERTME14T PART -TIME EMPLOYEES WHEREAS,. the Counatl.finds.and determhes that it is. appropriate to extend certain fringe benefits to permanent part -time employee's 'who are employed on a year round basis, and WHEREAS, the Catncil.differentiates between permanent part -time employees who work'year round and seasonal part -time employees who are employed for six (6) months or less, and . WHEREAS, the Council repognizes the city's obligation as a responsible employer to provide the fringe benefits on a pro -rata basis to permanent pant -time �pployees wha work'year round, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park' th2t effective immediately the City Manager be and.is hereby authorized to extend td pezmaneni part -time employees who work year round certain fringe benefits subject to the following: 1. Enrollment in the Public Employees' Retirement System (P.£.R.S.) 2. Vacation on a pro -rata basis; 3. Sick leave.on a pro -rata basis_ R. Holiday pay on a pro -rata basis. 5. Vision care on a pro -rata basis., 6.. Residency bonus on a pro -rata basis. . 7. Non- smoking premium on a pro-rata basis. 8. Salary continuation - Standard Lzie Insurance Company -cn a pro -rata basis.. 4. Life insurance - Standard Life Insurance Company -on a pro -rata basis. 10. health and medical coverage and life insurance- REMiF -on a pro -rata basis: 11; Dental care benefits on a pro-rata basis.. 12. Pro -rata basis will be determinex by the amount of time that the employee regularly works. Pro-ration shall be done on a one -half or three fourths basis only with permanent part -time employees having to put in at leapt 20 hours weekly minimum on a regular basis to get the half- -time cdatributido towards fringe benefits and employee having to put in at least 3Q hoijs, weekly on a regular basis to qualify for the three - fourths city contribution towards fringe benefits. ' Permanent part -time employees working regularly less than one -half Time, that is less than 20 hours per week, shall -not be entitled to fringe benefits. 13. For items 8 through 11 above, pro -rata basis means the city will contribute towards the premium cost for these fringe benefits on a ratio bas s determined by the amount of time the employee regularly works as set forth above. For example, for a one -half time.employee (20 hours a week) the city will contribute 50% of the premium payment for fringe benefits items a through 11. Employee.enrollment in any or all of said health fringe benefits (items - a through 11) will be at the employee's option. At the employee's discretion, the city's aggregate dollar contribution for said fringe benefits may be applied towards -the cost of any of the fringe benefits rather than all of them. For example, an employee can opt; to forego the dental, life and salary continuation coverage fringe benefits and have the city's contribution applied. toward, the health and medical coverage, thus reducing the part -time employee's required dollar contribution to same. Any excess unused city's dollar contribution will remain the city's. Employee health and medical and dental coverage premiums. will be calculated based on the number of employee's depe10nts dovered. BE IT FURTHER RESOLVED that the Ckffirms the city policy of not extending fringe benefits to season employees who are employed for six (6) months or less. DULY AND REGULARLY ADOPTED thi Yith: dayre? A us#, 1950. AYES: (3) Carbone, Cavalli E Robert RO NOES: (0) None ABSENT. (21 Hopkins 6 tewart Mayor o-Tempore ATTEST City ClP3�t Ir RESOLUTION NO. 92- 174 3 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 "Disability Wage Plan.. was instituted on August 1, 2972 and has not been updated since that dace; and S7H£R£A'S,_ City staff has conducted a review of the. 'Disability Wage Plan" pamphlet and feels it is appropriate to update. same; and xisting j WHEREAS, revisions have been proposed to said "Disability Wage Plan"; and j WHEREAS, said revisions have been discussed with as required by the employee organizations the meet and confer Laws .of the'State and said "revisions , received approval by said employee organizati have ons; and WHEREAS, the Council has reviewed the revised finds it satisfactory_ Disability Wage Plan" and NOW., THEREFORE BE IT RESOLVED by the Council that the " Disabili of the City of Rohnert .Park ty Wage Plan" as revised and dated s October 27, i992,. attached, to this reolution and by reference thereto L which is hereby approved_ ncorporated herein, is } DULY AND REGULARLY ADOPTED this 27th day of October, 1992. CITY OF ROHNERT PARK i CM AGel1 AYPAQK . mayor ECK AYE HOLLINGSWORTH AYE HOFKINS AYE PELT, AYE SPIAO AYE AYES S NOES O ABSENT O A8STAIN 0 CITY OF ROHNERT. PARK DISABILITY WAGE PLAN TABLE OF CONTENTS Section Title Page No. DISABILITY WAGE PLAN 1_ Purpose 1 2- Eligibility 1 3. Length of Service Schedule. 2 4- Periodic Increase in Benefits 3 5. Benefits Renewal — 26 Week Rule 3 6. How Benefits Are .Calculated 3 7. Active Work / Authorized Leave Requirement 3 8. Proof of Claim 3 9_ Notification Required 3 l<U_ . Absence Reporting 4 IL Conditions Covered 4 12- Conditions Not Covered 4 13. Pregnancy or Maternity Leave 5 1.4_ Paternity Leave 5 Light or Limited Duty 6 16_ Effect on Vacations 6 IT Sick Leave Without Pay 6 18. Holidays During Disability 6 19. Effect on Retirement 6 20. Sick Leave Benefits Misuse 6 21- Temporary Layoffs 7 22- Long Term Disability 7 23. Employee Death 7 24- Changes in Plan 25• Non- Discrimination 7 26• Additional Information 7 INDUSTRIAL DISABILITIES 1- Separate Schedules 8 2. Effect on Workers' Compensation 8 DISABILITY. WAGE PLAN I. PURPOSE One of the greatest concerns of any 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 leave' 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 fo notify your supervisor or the Personnel 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 elzgible.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, commissions and committees; 23 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. 262 Part time employees paid by the hour or day Sick leave shall not be considered as a right, which an employee may use at his/her discretion and shall be allowed only incase of actual sickness or disability. No punitive actions shall be imposed on employees taking}.ustifable sick leave: , For all Public Safety Officer /Community Services Officers hired after August 1, 1489: Hours Earned . Hours Earned Monthly Annually 8 96 *For application of the Plan to work - related injury or illness, see page 8. Maximum Hours of Accumulation 1,200 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 hiied after August 1,. . 1989_) Completed Months Week's Benefits. (PLUS) Week's Benefits of Service at Full Pay at Half Pay 3 0 1 6 0 2. g Completed Years Week's Benefits (PLUS) Week's Benefits Of Service at Full Pay at Half Pay,. . V. 1 . 4 2 2 7.. 3 3 10. 4 4 13 5 5 16 6 6 19 7 7 22 8 g 25 9 g 28 . . 10 10 32 '11 11 31 12 12 30 13 13 29 14 14 28. 15 15 27 .... 16 Ib 26 17 17 25. . 18 18 24 I9 1.9 23 20 20 2.2 . 21 21 21 22 22 20 23 23 19 24 24 18 25 25 17 26 or more 26 14 For all Public Safety Officer /Community Services Officers hired after August 1, 1489: Hours Earned . Hours Earned Monthly Annually 8 96 *For application of the Plan to work - related injury or illness, see page 8. Maximum Hours of Accumulation 1,200 i, j 1 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. 41 For Public Safety Officer /Community-Service-s 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 cmployee has worked twenty -six (26) weeks or more since their last reported injury/illness, the maximum amount of benefits is renewed automatically in accordance with length of service_ An employee is always eligible for the maximum amount ofscheduled benefiis, less any amount of paid sick leave they have used_ (The aforementioned benefits renewal/26 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. 7. ACTIVE WORK /AUTHORIZEDLEAVVE I'EQIiIREMENT Sick leave benefits shall be earned and accrued to regular employees who 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 (94) 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 leave 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. In all instances when an employee is absent from his /her scheduled work more.that fifteen (1 5) minutes, an Employee Absence Report form must be properly submitted_ I I_ 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; 11.3 Providing necessary care for an ill or injured member of the immediate family_ Absences of more than one (I) 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 (family care leave) for a newborn or newly adopted child, or to care fora 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; 12.4 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 or disciplinary suspension; and/or 12.7 after a termination date_ ITY OF ROHNERT PARK arsonnel Rules and Regulations Applications -Every applicant responding. to a City. recruitment shall file:an official City 'application form_ Applications shall be available in -the Citys,•Fturrian Resources office- Appfications and: supporting documentation filed with the City are the property of the City- Any information on the application will not be made public. I. Application form- The lorrn by which a person applies for a position with the city is prescribed by the Personnel Officer and requires information about the .applicant's training, .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. Appficatioris and all required documents.must be filed in the Human .Resources Department on or . before - The final. filing date and time specified :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 lo' extent that they are unable to perform the essential functions of the position; c_ an employee that is not physically and/or mentally able to perform the essential•functions of- the job, with or without'reasonable accommodation; d. has made any -fats e statement or °omission of .any�igniftcant fact, -or has practiceti•otr attempted to practice deception or fraud in.' the• application; 'in declarations, or iii. secxrring ergibijity, . or appointment; e. has-directly or indirectly obtained information regarding the conten1of an examinattorrto which an applicant is not entitled; I. previously been dismissed for cause from -any public or private em ployriient or. resigned to avoid such dismissal; g_ has failed to submit a complete and/or signed application within the specc,time limits; h_ has failed to reply within five . (S) vyorking. days from the date_ maili4g; to communications concerning availability for employment; .i_ has made himself /herself. unavaifatiie afar . erriployr,>:►ent )} .-- requesting That :histher name be withheld from consideration_ j_ for any material cause which; in. the judgment of. the : Personnel Officer, woutdsender- the'applicant unfit for the particular position; including a prior resignation fr ©m City services accepted. with prejudice_ - 4. Criminal convictions_ .Convictions (irtdudlbg pleas of guilty.and polo conteridere) may disqualify an appliearit from employment by the City-', Gr#rririal convictions do riot necessarily disqualify. individuals from employment with the City_. ln;detefmiriing whether ail individual with a conviction is disqualified, the Personnel Officer will consider the folfovving factors* a_ the employment classification to which the person is applying, induding.its sensitivity, CiTY OF ROHNEfRT PARK Page 22 o09 Personnel Rules and Regulations. CITY OE ROHNERT PARK Personnel Rules and Regulations 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 envu6nmentai conditions, and g_ the presence or absence of rehabilitation or efforts at reha8ilitatiort. 5. Employment of relatives_ A position within the City will .riot be filled. iiy an individual, where that individual would be subject to supervision, evaluation, discipline,. or decisians.regardirig compensation by a close relative_ No person will serve in a departmerit where the Supeniisor is a close relative or in a - division where the division head is a close relative. For .a definition of "close rotative," see r in glossary of terms at the conclusion of these rules_ 6. Notiiicaiion of disqualification_ If an applicant is deemed disqualified for any of the above reasons, the Personnel Officer will.notify the applicant or eligible in writing at7iislhei last known- address, of the action taken_ An applicant has the right to respond oratly.or 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 shail•be. impartial and shall relate to those subjects which fairly, measure the abilities to execute the duties :and..responsib'ifties`_of the classification in which ihe'vacancy exists. Selection procedures consist Of one or more of the ri►ethods I'rs#ed below The sane method shall be applied equally in a single examinattort_ t.. Application. lnformation the applicant. supplies oh the City's a[splicalron #grin, arxf anp. attachments thereto will be reviewed under the supervision of - the Human Resotxces Assistant or t►islher designee and the applicable department supervisor_ The sarne criteria: and point system is utilized for alt applicants for the same position. 2. Examinations_ The selection techniques used in the exa mina fion'process will be impartial; practical; aixl related to those subjects which fairly measure the relative capabilities .of the applicant examined to execute the duties and responsibilities of the class, to -which they .seek- .to be appointed Examinations­- -----­­­May consist of, but are not limited to; such techniques as writieh :tesis,:personat interviews,_skrlts and pertorrriance tests; assessment centers, review of: performari�e evaluajions, evaluation of daily: worts Performance, evaluation of work samples_ 3. Documentary evidence_ Applicants for positions are 'required to provide cfocu�rrentary evidence of education; training, or experience_ The City reserves the righE 164646s1, the skill level of an y applicant_ 4_ Scoring and rating_ The Personnel Officer vinli estabfistr"_the` relative weights.of:exarnination and other . components of a position. - The basis of 1fie 'filial •score will be. includeE#.:rn the �� . announcement_ Scoring and rating systems may be numerical or no numerical as determiner by the Personnel Officer_ .a_ Appointment preference on ripen /promotional recruitr rrenis wat be extended io any.reguiar City" employee: Regular city employees will be granted the foliowingscbring.Preference: i %a for -each year ofi service, with maximum preference of -90 %..- Depending on tlie-scoi-ing established for the classification recruitment, the preference may. be .expressed as an additional percentage or additional points_ See example below for detailed explanation. 3TY OF kOHNERT PARK Page 23 of 39 . 'ersonnel Rules and Regulations :ITY OF ROHNERT PARK 'ersonnel Rules and Regulations PERCENTAGE-EVALUATION (sample) Employee's Total Score = 80 °Ifl Years of City Service as.a Regular Employee '.10 (calculates to an additional 100/6) 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 16 (calculates to an additional 20 points 1200 x 10% 201 Empfoyee's Adjusted Total Score = 175 + 20 = 195° ;The combination of an employee's performancein the examination process and years of service may give the employee .a higher: score than the maximum possible- Iri.such a case, the employee shall receive the actual score. calculated above the- maximum and be ranked accordingly_ Specifically, for the examples listed above, the employee achieving the maximum score on the percentage evaluation would feceive a- total score of 100% + 10% _ . T 10 %; . and. on the point evaluation receive a total score of. 200 + 20 = 220_ b- -fro accordance with Resolution 2001 -271, the City does not grant preferential status to anyselect group of persons -when applying fora position. D. Interview Process - 1. Interview boards_: ,The Personnel Officer will.assemble and appoint interview boards. These boards may be. comprised.of:pfivate citizens;. experts in'the.TwId, members of another agency, City officers; City employees,-apd /or bargaining .unit.representatives. 2.- . Interviewers. remarks. fnterviewers 'mark on.forms provided the degree to in!frich, in their judgment, each candidate possesses. the - desired,.' — i(ications., The interviewer's remartcs will.be Iran slated into• a numerical score_ Scoring sheet and iiiteryiewei. '-remarks are confidential_ E. Eligibility. Lists - Alter each selection procedure has been completed, the Personnel Officer or his/her designee will prepare art et igiliility. list con #wining .the names of applicants who qualify for appointment to Positions in a particular class_ ?_ Ranking Place the- names:of the.qualed_ applicants ('eligibles") on ttie eligibility list in the order of their final ranking; as_determin6d y. the".sefection•proc6ss, with the highest rated eligible at the top'of the fist: if more than one person has the same score, the names will be placed in alphabetical order. 2_ Dorotion. o€ list_ The .eligibility fist remains in effect fora period of six (6) months, unless the . Persorifrel Oificei exietrcis this periodfor :a:pedod. W to exceed (1) year: The Personriel`Ofircer can reduce the period W the list contains less #tan 5 names.. In- the.event of early cancellation of an ei'rgibfe list, the'Personnel Officer vvil Friot ''dy:.each.person..whose.name appears on such fist to lhis.effeet via -marl to His/her last known address. This_riotibe is to include an explanation as to why. the tirrie frame . has been changed_ 3. Removal from list_ An applicant may be removed from► a given eligibility list by the Per Officer for any of the foltowing reasons_ a- appointment- to the classification for which the eligible list was originally- established; b. request by the applicant for removal from the list. c. failure to� continue to meet any of the min_ imum standards established for the position for which the eligible fist was prepared; CITY OF ROHNERT ARK Page 24 of 39 Personnel Rules and Regulations CITY OF ROf- NERT PARK Personnel Rules and Regulations d, failure to contact the Personnel Officer within five (5) intervie w or offer of appointment; woril<irig days from the date of notice of an e. determination by the Personnel Officer that the applican Provisions of Section 5-BA- t has violated one or more of the 4. Vacancies. When a vacancy occurs- in a class for which there :is an eliit Officer will. transmit the names; and ,all supporting docYnnents, .of all can it y Fist; _ the Personnel with the top five ranking scores on the eligibility iisl to the Supervisor fior ctirisideration Appointment Process - All app ointrneriis to position vacahcies -will be srrade in' accordance with these rules and regulations_ The power' to- appoint and dismiss City employees is vested in the City Manager (Personnel Officer)_ 1. Vacancy. 'The vacancy will be filled by appoiniinent of an -eligible candidate from eligibility list, except as provided in.2 below. an appropriate 2. Exceptions. a_ No eligibility list. The Personnel. Officer- may matte a provisional .appointment to a position if there is no- eligibility list for the class and if.ihe neecfs.of the.service require that the position be. filled before a selection process.cari becompteted- "Aprovisionafappoiritee must. . i- Meet the requirements of training and experience estabiished for the position; : ii. Not continue for more than- thirty paydays in the provisional appcsinii�teitf after an eligibility fist for the position has been estatitished• unless: thereare�tin-efigit�tes: on srrclr.etigibifity list who-are avaitabie for or who wish`to.be consiiieted:for aPpointmerit to €he position;• The Supervisor may. submit a writCeti F"06st- and justification to the Personnel Officer to extend the "provisional appointment irt. six (S1 month increments: No snore : than two. (2) extensions may be granted for. each prov`rsionai.appouittrient. b_ Emergency. In an emergency which. threatens life; property;. or tfe operation of necessary municipal services, the Peisonnel.Officer mayernploy art individual not on the eligibility fist for not more than thirty (30) cafendar•days_ 3. -Pay - A new appointee shalt receive the mir�fmurrt`Salary.for. th.e.ctass to v ich position is allocated, except chat: i. In cases of extreme diffieullk in :filling .:a. positron, - the personnel Officer rrta zi appointment at a sat Y pprove ary'a love :itie.minmwm::in Such uses, all inatm6ent emplpyees,in the Blass to which the appointrizent is rhade shall . be pla "eecf on :at teas! the same step -of the salary. range as Ihe,new appointee; or In hiring exceptionally qualifie4.personriel; the Personnel Off-icer ►nay approve appointments al 'a salary'above the minimum-for the class. Condit'sonal Offer of Employment - An offer of ecriployment is conGt gent apart the results of the fo3lowing. Z - Reference checks_ Prior to conducting reference inquiries.a prospective-employee will be required'lo sign a release allowing the City to acquire information .about the applicant from former. employers. ITY OF ROHNERT PARK Page 25 of 39 ersonnel Rules and Regulations �ITY OF ROt- NERT PARK 'ersonnet Rules and Regulations 2. Medieal examination: ' Appricanis who have been - offered a regular position with the City ate required to participate in a pie - employment physical_ Each jolt classification has specific physical-standards and are reasonably related to job requirements. The cily..is notified only that the prospective employee is medically qualified, conditionally qualified or (lisqualified; no other. medical information will be released. 3. Fingerprints; -and crirnirraf background cheek. All persons 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 5.13.4_ 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 (1.8) months for sworn Public : Safety . employees, and not- less than twenty -four (24) months for .. Management employees. Employees who receive promotional appointments must serve another probationary period of at leasi' six (6) months . for non- supervisory employees and twelve (12) months for supervisory employees (includes management classifications). 2 Leaves of absence during probation_ h an employee is absent from work for longer than five (5) Working 44o during the probationary period, the.City. may extend the probationary period an amount :of time equal to the days missed if necessary in ord& to property evaluate an employee. 3_ . Extension .of probation period. All efforts wilt be made to sufficiently evaluate..the probationary employee 'dtwirijhe assigned period. An extension of the probationary period may, However, be recommended by the supervisor andlor Personnel Officer when cause exists_ It 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 probationary 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. probationaty.period_ 4: Rejection during - probation period. During the probationary period, an. employee may be rejected at ar►y. time for any reason, by. the Personnel Officer. .Employees who are dismissed during their probationary period,bave no right to hearing or appeal. Notification of rejection must be served to the :probationary erriployee in writing_ 5. Promoted employees- A promoted employee who does not successfully complete-the probationary period vi.Al be reinstated to his -or her former position or to a comparable positron_ 1f, however, -the employee is discharged for cause, the employee has no right to reinstatement. . 6_ An employee. who success #ully completes a probation. period achieves regular status in his /her. class and is known as a regular OF ROHNERT PARK Page 26 6139 -Personnel Rules and Regulations CITY 'OF € OHNERT PARk Personnel Rules and Regulations SECTIO'Nz - SEPARATION ANQ, REINSTATEMEN 7 4n employee may be separated from employment by resignation, disrrrissat,.retirement; or .1 on account of ack of work or lack of funds_ The dismissal for cause of regular employees will be in accordance with the provisions of Section 8. Other separation procedures and reinstatement procedures are set forth below. A. Separation and /or Resignation An employee wishing to resign is required to notify his/her supervisor in writing at least. two weeks .prior to their intended leave_ from City. employrrienl- A.copy of the it resignation will be given to the'Personnet Officer and iheri placed in the_err►ploYee's'personne! file- An . �. An employee who has resigned h writing: may withdraw his/her resignation .prior. to the final date stated on the letter of resignation: Tate withdrawal letter will also be placed in his/her personnel file_ 2_ An employee who leaves employment without so filing a written resignatiori and- giving two (2) weeks notice, as required above, wilt have this fact noted in his /her.file.and ma by the City_ ybe denied #uture employment 3. Reinstatement - Upon application of a former regular einpfoyee, who has properly resigned; the Personnel Officer may, at his/her sole discretion, approve reinstatement of the former e mployee as Provided below: 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 Cit for which the employee would have. been eligible -at time of .separation: Former regular fun -time City employees returning to City service.within the six (6) month - period will be granted the tuft benefits they were receiving at time _of separation as if there was no break ins ervice-. 2. An employee separated .from the City's employ for over six .(6) rrionths who -is, reinstated shall be treated as a new employee. 3. The City will reinstate into'lhe position.-from'which he /she has been promoted any employee who faits "during a promotion to which he/she has`been Promoted- 4- Any employee who resigns without. proper notice or resi gns. during an investigation' 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 law requiring reinstatement shall.be reuutated to his/her foritrer position as provided by law_ La off Whenever it becomes necessary 'to reduce -the number of employees due to lack of Work, economic considerations, changes in mission0echnological changes, or as determined by -the Personnel Officer based on other factors :or W110. -a position irr..the .classified .services .Rs. to. be to nporar�y. or permanently abolished, the PersonneF Officer i+viR: rioiify fhe t lurnarr. Resources t�epartineni. the number of employe to be.:laid off or the names aiid nt)mber° of .positions (o be abolished: The. procedures set forth below is io esEal tisfi equilabfe standaids to regulate.suct -layoffs. The Gitys decision to,reduce its work .force.is a management right, thus no due process or grievance procedures apply, the decision is not subjec# to "meet and confer" requirements; These procedures apply only .10 egular employees (full or part time) and probatior:ary employees (initial 07' Pro motioriaUtransfei): 1_ Identification_ The Personnet.Officer:on.the basis of -the administrative needs of the City det the departments and t?ositions subject to.lay6ff. ermines 2. Order of layoff: aTY OF ROHNERT PARK 'ersonnel Rules and Regulations Page 27 of 39 CITY. OF ROHNERT PARK Personnel Rules and Regulations a. Within. a classification, those employees xrrho are probationary employees in their initial probationary period will be laid of{ first, followed by employees in :a . promblignal or transfer 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 shall.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 shalt 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)- 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 shall be resolved by the Personnel Officer, taking into account the past performance, disciplinary actions (if any), supervisor recommendations, and such other facts' as will resull in the City retaining the most qualified and efficient employees. 3. Notice_ Em,ptoyees.shall be given at least ten (10) business days' written notice prior to the effective date of the pending layoff. A copy of the notice shaft be retained in the employees personnel file. 4. Exclusions_ In certain instances, there maybe exceptions made in the order of layoff ouliined above--'- These exclusions.woufd be made when_. a. .specialty position 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 empiiryee.who is -scheduled for layoff may be offered a voluntary reduction in classification to a lower level job classification'. provided he/she meets the minimuiin qualifications, and/or obtain. proficiency. through a short orientation period. c_ a voluntary reduction by taking early retirement and /or "golden hand shake '_ &_ Retreat rights /voluntary demotion in lieu* of layoff. a. *t employee who would otherwise 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 ernpfoyee . who would otherwise tie laid off has the right to retreat to another position in the' same classificati6n :series or: to any position fhe ernpfoyee .has previously held and. for vyhj6 the :ernployee is qualified-that is occu ed' by an .employee of lesser seniority. The result is'lhat the more= senior employee 'bumps ttre junior employee, who then 'is entilled to the retrea-0dern6tion rights set forth herein.. .c_ An employee who would: otherwise be laid off may request to be temporarily demoted to any vacant position for'which the employee is qualified_ d:. An employee who wishes to exercise any of -the rights set forth in this subsection 5 mustso notify the Personnel Officer in writing within five (5) business days of receiving the notification of pending layoff- CITY OF ROHNERT PARK Page 28 of 39 Personnel Rules and Regulations CITY -OF ROHNERT. PARK .Personnel Rules and Regulat,flrzs 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 comple.led the .probationary period in that position. 6_ Reinstatement fists_ 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 by sertiorify within the classification from which the employees were laid off. 'An employee's name remains on this:Iist for. a period .of one (9) year from 'dale of layoff, an employee's removed for any of the following reasons= name may be a_ ReappointMen al the.employee to his /her former. classification . b_ Notification from employee that he /she is no. longer interested in returning to the Ciiy. c- Inability 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 shall be deemed a rejection. 7- Offer of reinstatement. If the position previously held by a laid off empfaye another position Within becomes vacant,• or if n the same classification series becomes vacant, then the employee with the roost seniori #yon applicable reinstatement list shall be offered the vacant position_ 8. Restoration' of benefits upon reinstatement_ When an employee is reinstated to employment after. Iayoff, �aq' his.or. her prior service shall. be counted toward the calculation of leave accruals and _ seniority. Any unused sick leave which the employee .had accrued at the lime of . Iayoff .shall be resfored_:If an employee is reinstated to a position in which he or she was serving a probationary :period at _ihe't {iiie_af la}roff, atF: lime on prviiation previously. completed. prior. }o Fayo# shall be counted tRwaire) determrning:whenthe. probaCionary period ends_ SECTION:7: - INCOMPATIBLE ACTIVITY /.CONFLICTS OF INTEREST 4_ Incompatible Activity, - Certain activities are incompatible with ethical, effective All City:employees are pi-ohibiled from= employment with the .City_ 1 _ Participating in improper political activity prohibited by the federal Hatch Act or pertinent provisions of State L'aw including the'California Government Code, 2. Using for private . gain or advantage the influence of a C supplies of the City, ity position or the facilities, equipment and 3. Soliciting any favors or .gifts from persons; concerns or corporations who h. or seek ta. business contacts with the City, ave, have; 4. Accepting any favors or gilts from persons, concerns of who have, or seek. to have, corporations business contacts with the City in excess of the. Conflict of interest guidelines established in the Rohnert Park Municipal Code Chapter 2.60- 5. Unrolging confidential information to anyone to whom issuance of such i authorized, or nformation has not been 6_ ' . Participating in any employment or other activity, which .will prevent an employee from doing 'his/her COY lab. in an efficient and capable manner, is illegal pursuant to state. or. iederaI law, or which might aTY OF "ROHNERT PARK Page 28 of 39 . 'ersonnel Rules and Regulations -ITY OF ROHNERT PARK 'ersonnel Rules and-Regulations result in a conflict of interest between the employee's private interests and his /her official dulies and responsibilities_ B. . Outside Employment - City employees are expected to work for the City's bests interests and to devote their best energies and skills to their positions. For this reason, City employees are prohibited from accepting outside erriployment that could conflict with the best interests of the City or interfere with the employee's ability.to perform his or her City position* Examples of such prohibited outside employment include, but are not limited to- I- 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 1 regular part of his or her job-, 3. business conducted using City facilities, resources or equipment (including telephones, computers, suppties, etc.) SECTION 8 - DISCIPL INARY 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 performance 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 reprimand, written eeprirb5hd, reduction in . . pay, suspension without pay, reassignment, demotion, and' discharge_ -Although the City'generolly 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. 6e determined according to the severity of the infraction(s), regardless of whether prioudiseiptine has been irriposed_ 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 iterest in his or her emptoyment_ A- Causes for Disciplithary Action - Any regular employeq may disciplined for "good cause "_ Good cause is defined as reasons including, but not limited to, the.following: 9_ Fraud in securing employment; 2_ Incompetence or inefficiency; 3_ Failure to maintain required licenses, caredentials, cert�cates or other conditions for for as specified in assigned classification; 4. Insubordination; 5_ Dishonesty; 6. Neglect of duly, or inattention to /dereliction of duties; 7_ Violation of City or Department rules and regulations, policies, procedures or general orders,.whether oral or written; CITY OF ROHNERT PARK Page 30 of 39 Personnel Rules and Regulations C!N'OF 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, properly or supplies; 10_ improper or unauthorized use Of City vehicles or equipment; 11. MisappropriatiorT, theft, or embezzlement of City property and /or funds; 12_ Urilawfuf harassrnenf -or diserif" nation or the failure to cooperate.with the investigation of harassment, diseriminatioi:► or other unlawful 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- absences, except in the case of approved leave- 15- Absence Valhout 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 th Rohnert-Park Municipal Code Chapter. 2.60; e 18. Faittire 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 nob contendere) of a felon turpitude, y or any crime involving moral 23_ Conviction of a misdemeanor (including by plea of guilty,or nolo contendere) that is of_a nature as to adversely affect the employee's ability to perform the duties and responsibilities of his of her position_ t3_ . Minor Disci line. - All. supervisors are authorized to implement minor disciplinary measures_ Minor disciplinary actions are not su ect 10 a appeal. Exanhples of minor discipline-include the fot[owing: 1. Oral repririeaaTtl_ An'. tea) admonition to an employee whose conduct or performance ►Host be notice that fail which details the areas for improvement, the degree of improvement required, and 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 problem(s) or deficiency and which sets forth the recommendations* given. to the employee to address. the problem(s) or deficiency in order' to improve performance- copy a copy may be sent to the employee's personnel file, documented counseling memoranda are. typically• maintained in the supervisor's file. until they are included by notation in the employees format .perforrrharice.ewluations_ '.ITY OF ROl- WERT PARK 'ersonnel flutes and Regulations Page 31 of 39 7tTY OF RONNERT PARK °ersonnet Rules and Regulations 3. Written reprimand. A formal written notice to an employee stating the specific details concerning the subject of the reprimand, summarizing. previous refaced disciplinary. action, if any, and .describing the . plan for improvement. A written reprimand shalt include: the.date of the reprimand and a statement advising the employee that continued conduct or performance aI such levers may.resuli 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 .shalt be given a copy of it_ Written reprimands ,are not subject to appeal, although an employee has three {3) working days. follovviing' the.date of a reprimand to submit his or her own rebuttal comments, which shall accompany the reprimand iri. the. employe'e's personnel file. 4. Removal of minor discipline records_ At the request of the employee, records of minor discipline volt be removed from the employee's personnel file three (3) years after 'the date of the Written reprimand or documented counseling_ Records wilt be removed provided the employee has received satisfactory performance reviews in the subsequent three (3) year period from date of the written reprimandtdocumenled 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 Ibis 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. C_ Major Discipline - Major discipline may only tie implemented by. Departmeni.Neads. 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. determined`by reference to:the affected employees normal work schedule_ 2_ Merit decrease_ A pay step reduction where performance falls short of the normal standards or where performance is cfearty 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 determined 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_ Disciptiriary Process -Major Discipline. Any imposition of major discipline must follow the procedures set forth below_ 1. Notice- A written Notice. of Intent to Discipline_( °Notice of "Intent) shall be prepared by the Department Head in consultation with the Human Resources Department_ 'The-NoWe of lnfent.shall state_ a_ The specifie type. of disciplinary action-p'oposed; .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 has 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 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Rules and Regulations major discipline should not be imposed. A request for such a hearing must be submitted in writing within ten (t -0)�working days of receipt of the Notice of Intent_ 2. lnforr»at hearing (i_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. present .information as to why the proposed major discipline should.not . be imposed: Except by stipulation of the City and the employee, the hearing shall take place within ten working (10). days. of the' employee's request for hearing, and it may be rescteedufed only once at the employee's request_ The following parameters *a to the informal hearing: a_ The hearing shall be conducted by a responsible person designated by the Personnel Officer_ b_ The hearing shall include the employee, the employee's chosen representalive(s) - (reasonable number), and others as directed by the hearing officer_ Absent extenuating circumstane es, .the employee's failure to appear waives his or her right to such a hearing. c_ The hearing shall be tape recorded or stenographicall y. recorded,, and a copy of the tape recording or transcript shaft 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 employees, information is presented by his or her representative, 911 statements. made by the . . representative shatl be attributed to the employee as if made by him or her personally, and it is the employee's obligation to correct any misstatements) by the representative- e. f=ollowing 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 disciplihe should be imposed, mollified, reduced or dismissed. 3: Notice of discipline. Following the informal hearing, it requested, the same Department.Head who issued the Notice of Intent sha11 consider the hearing oifcer's recommendation io.determine hove to proceed• ii he or she decides to dismiss the proposed discipline; written notice of file dismissal shalt be.provided to the employee as soon as practicable. if the decision is to impose discipline either as proposed of sc') some modified or reduced form, a written Notice of Discipline shall be prepared_ The Notice of Discipline shaft state: a- The specific type of disciplinary. action that Will be imposed; b_ The speck reasons) or;cause(s) for. the actions, setting forth specific facts that llie basis for the decision; c_ The effective date: of the action; and d-. The applicable appeal rights available to the employee pursuant to these Personnel Wes Disciplinary 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_ -- Appeal from:.Maior Discipline.- Any.;ernployee on. whom major, disciptiree teas beer, imlosed shall be entitled to an appealhearing.as set-forth below. t_ Tirti?ing• .ion employee wishing to exercise the appeal .rights provided in this Section must .deliver a -written: Notice of Appeal to the.Personnet Officer within ten (iQ) working, days. after the date of the Notice fllDiscipline_ . 'ITY OF ROHNERT PARK Page'33 of 39 'ersonnel Rules and Regulations 'ITY OF ROHNERT PARK ' 'ersonnel Rules and Regulations Z Employee representation. EinploYees may represent themselves or be represented by legal counsel or representative(s) of the employee's recognized employee organization- 3_ Evidentiary healing; An .evidentiary hearing before a neutral hearing officer shall 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. Tilei hearing shalt be closed and confidential. Prior to the. hearing, the Assistant City. Manager or h- rs/her designee shall st:ppfy ,the hearing officer with (1). the Notice of Intentand airy attachments, (2) the Skelly hearing officer's written recommendation, and (3) the Notice of Discipline and any attachments_ Other hearing procedures are as follows_ 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 arid a waiver of -any further right of administrative appeal. b" The hearing shall be stenbgrapbically recorded_ c" Any and all witnesses other than the -City's' representative shall be excluded from.the proceeding until called to testify, except as mutually agreed 16 by the employee and the City's representative-. d" Order of hearing shatl be. i. The City's representative, followed by the employee, may make preliminary opening statemen ts_ .ii- The Ciiy s representative, may present oral or documentary evidence, - or -both, iii support of the City's position; the employee may cross- examine all witnesses called by the City. -iii. The. eiriployee .may present oral or .documentary evidence, or both, in support of the employee's position; the City's representative may cross= examine all witnesses called',by the employee. iv.. The City s representative, followed by the employee, may make a closing - statement- ' e. The hearing shall be conducted in an eff- rcient manner conducive to determining the issues,. however, the technical rules of evidence do not apply- - .Ait}i relevant evidence may be.admi€ted if it is the sort of evidence on which resporisible. persons are accustomed 16,refying in the conduct:. of serious affairs_ Oral evidence shall be taken .only upon oath.or a'ffutnation_ Hearsay evidence may be used for various purposes; however, hearsay standing atone and properly objected to shalt not 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 • informat "ion. The hearing "officer (with advice " of appointed counsel, it necessary). shall .Yule on 'any objections rhade to "the admissibility of evidence or othefwise.relating to the conduct of the hearing. I-- FolloWing the conclusion of. the hearing, the hearing officer shall- :prepare written findings and recommendations and provide them tplhe City Manager. The- hearing officer may recommend - changes to the proposed discipline- . Howi ever, if the hearing officer lands that .the underlying facts giving rise. to the charge(s) are proved by a preponderance• of the- evidence,'the hearing .offiicer: ' may not recommend a reduction in discipline i€ reasonable Minds could differ as'to the. proper level of discipline. if the hearing officer recorrlrnends a. reduction )n dis cipline,. he or she rziust . make a specific- finding that reasonable minds could not differ- as to the appropriate .level.-of discipline and set forth the facts upon i ibich" he or she based such finding. If .the hearing officer finds that none of the charges are supported by the" evidence presented, the recommendation shall be that no disciplinary action be taken_ . CITY OF ROHNERT PARK Page 34 of 39 Personnel Rules and Regulations : CITY -6r RO!WERT PARK Personnel Rules and Regulations 4. City Manager's Determination. The hearing officer's findings and . recommendations shall be forwarded to the City Manager for his or her .review_ The • Ct}+ Manager will follow the recommendations of the hearing officer unless he or she can show cause ihat the hearing officer abused his or her discretion- a_ The City Manager shall review the entire record- (irretuding .the 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_ e_ The City Manager's decision shall be in writing and shalt be final. I.I. shall include 'a copy of the appeal, hearing officer's findings and. recommendations .and shall be filed as a permanent record in the employee's personnel file. d- Notice of the City Managers decision, along with a copy of both the;City.Managers 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 employee's right to seek judicial review within 90 days Pursuant to Code of Civil Procedure 1094.6. Use of paid administrative leave. Nothing in this Sectio an emplo n is intended to abrogate Ehe City's right to place yee on paid administrative leave during the investigation of circumstances that could lead to the imposition of discipline or for any other reason that is in the City:s best interests. . 3. Disciplinary Action for specific employees of tine Department of Public.Safety- Under ,California Government Code Section. 3300, the S. late of California enacted the Public Safety Officers' Procedural Bill of Rights (POBRA)_ As defined under California Government Code Section 3301, the positions within the City than .are covered by the POBRA are the following: Public Safety 'Officer Trainee, Public Safety Officer; Public Safety Sergeant, Public Safety�Supervisor (.CT), Public. Safel— Division Commander, and Director of Public Safety. It shaft be the poIicy'o€ the City to extend these same rights and privileges to ail non- safely members of the Rohnert Park. Public Safety Officers' Associaion, except those that by their very nature could only apply to peace' officers . and/or firefighters. All. .. Subsequent revisions to California Cade sections "33p0 et se- and Gotirt inlerprefations..of these statutes_shafl` also be binding on the City with respect to non safety members of the Robpert'_Park• Public .Safety Officers' Association_ For safety and non-safely employees alike, .the phrase 'locker, or other "space fot storage that may-be. assigned to him' as used in Government Code Section 3309 shall include, but' is not [inited to, a Public Safety employee's assigned City vehicle and/or the enclosed spaces of an enployee's assigned desk or office area. Nothing in this section shall preclude the City -from tempot aril y.re assigriing.,a departmental asset to meet a necessary.operational requirement. :ITY OF ROYINERT. PARK Page 35 of 39 ersonnel Rules and Regulations 'ITY OF ROHNERT PARK 'ersonnel Rules and Regulations GLOSSARY - DEFINITION OFTERMS �DMINISTRKYIVE LEAVE - Absence with full pay and benefits, ordered by a Department Head or the City Manager, 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 aniffor the date'an employee starls his/her probationary period 'for either original, promotional, or .hange in classification appointments. XPPLICM4T A person who has successfully completed and submitted an employment application for a )osition for which the City is currently recruiting. I&POiNTMENT - 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 alt - relevant, converted, and weighted scores obtained by candidate far a given classification or-posilion title - CALENDAR DAYS - .Consecutive days within a specific time frame and shalt include . weekends and holidays- aANDIDATE - 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 - PFRA - California Family Rights Act, slate taw established in 1993, and is adminislered by the California Deparlment of Fair Employment and Housing: CITY COUNCIL -The duty elected governing•body. of the city_ CITY MANAGER= The individual appointed by the City Council to manage all City operations; departments, policies and rules CiTY SERVICE - The entire 061, Woyment•system -o# the Cily, CLASSIFICATfON A.group .of. positions .sufficiently. similar in respect to duties -and responsibiCties,'thot the same descrip6ve.ctassification titfe may be. used to designate each position allocated to that. class: The same minimum qualifications-rbay be,i-equired of incumbents of positions in the class, and the same'examinalions . . may be used to choose qualified employees. CLASSIFICATION SERIES -.A -group of classifications sharing similar functions but differing as to level of complexity, difficulty and'-resporWbility_ CLOSE RELATIVE `- Relative shall-mean.spouse, falher,.father -in -law, mother; mother-in-law, txother, brother in -law, sister, sister- .it4aw, 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.a position DISC IPLINARY 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 correctiive actions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its own_ CITY OF ROHNERT PARK page 36 of 39 Personnel Rules and Regulations CrTybF R01 NERT PARK Personnel Rules and Regulations DOMESTIC f ARTNEFt - Two adults who have cho sen .to share one ariother's fives in an intimate and commdshi relationship fo mutual caring. To:be'eligible' both parties must file a ©eclaration of Domestic Partnership with the California Sec 9- of State_ ELIGIBLE - A person whose name is on an employment. list- ELIGIBILITY LIST - A list that contains the names of qualified candidates, for a specific classif 'cation, who have .. completed all examination processes and are ranked, in order of the score or rating received - EMPLOYEE - Any person appointed to fill ari'authorized emptoyment position in Ihe.City.service- Elected not erts, volunteers, unpaid interns, and those appointed to advisory boards, committees, and commissions are not ernpfoyees- The' of employees are. Regular: A regular employee is one who ha with benefits- s passed probation and holds a regularly authorized position employees: Regular employees may only be disciplined for cause_ There are 3 types of regular 1. Regular full -time: a person who holds a budgeted (40) forty- hour'per week position,.wilh• 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 Agreem Management and Confidential Units. ent or applicable Outline of 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 tilts out a timecard, receives a salary and benefit package, proportioned to their -agreed fixed work ratios (20 hours per week receives 50 %fl benefits; 30 hours per- week receives 75% benetils). 3. Specially- funded= a person who .W6rks.-in.a. regular ftifl- or pail -lime position funded by sources other than City revenues (e.g., federal or State grants)- Probationary- A probationary employee is someone in a regular full- or part -time Position who is serving a trial period as provided in Sections 4 and 5_ Position Special A special employee is one hired for a special purpose to employees include: meet the. needs of the City. Special' t_ Provisional employees - i.e- an employee. who meets the minimum uaiif-ications for a who is appointed on an interim basis until the vacancy can be filled- 2- position and 2_ Seasonal employees - A temporary employee appointed to. positions of limited duration of. not more than six (6) months within a twelve (12) -month period_ Seasonal employees participate in t he City's benefit programs - 3_ Emergency employees - employees hired io meet the requirement threatens life, propei ly, or the t-a, sofa .declared emergency which general welfare of the City -and; whose Position ceases wvhen the. emergency ceases. - Probationary and Special Employees may be dismissed fro cause: m such positions or disciplined with or wifhouE :NTRY LEVEL - The initial position in a class series- :XAMINATION - The process utilized to evaluate the .relative" .skiffs. and "k rospective employment or current employee who iias.a liedfor a change in classification and/or promotion PP iTlOF ROHNERT PARK . eisonnel Rules and. Regulations Page 37 of 39 31TY OF ROHNERT PARK 'er'soonet 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. EXEMPT — An employee in a.specific classification who, according to the Fair Labor Standards Act (FLSA) is. exempt from the City s overtime policies. and -is compensated for overtime through Administrative Leave, 3ccurnulated per specifications outlined in the .MOA's and /or Outline of Benefits _ for the Management and ;or,fidenlial ands. FAMILY AND MEDICAL LEAVE POLICY - Provides for employee leave during times of illness or family emergencies. In compliance with California Family Rights Act and Federal Family Medical Leave -Act_ FMLA - Family Medical Leave Act, federal law established in 1993 and-administered b Labor_ y the DepartrineM of . GRIEVANCE - A .complaint by an employee relating to wages, hours, and working conditions- Disciplinary action cannot be grieved- LEAVE -OF- ABSENCE •WtTHOl1T 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_ NOLO CONTENDERE - Latin for "no contest." in a criminal proceeding, a defendant may enter a" plea of noio.. contendere, in "iich fie does.not accept or deny responsibility for the charges but agrees to accept punishment. ' NON - EXEMPT - An employee in specific classifications who, according to the Fair Labor'Standards Act (FLSA) . is to receive overtime 'pay at 1 % iimes-normal pay for hours worked over 8; 9; 10 in a 24 hr_'period and/or arty hours worked over 4O 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 1994, 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 Manager or hiso r her. POSITION - -.A specific office or employment provided by the budget, whether occupied or vacant, calling for the performance of certain duties - Positions may be regular full -time, regular part -time, seasonal, hourly and /or. temporary_ , 'PROBATIONARY PERIOD - A working test period during which an employee is required to demonstrate fitness for the position to .which appointed by actual performance the e position - PROMOTION - The movement of a qualified employee from one class to another class with a higher.maximum rate. of pay and greater job responsibilities. REINSTATEMENT - The re- employment of an employee who has regular or probationary status in a class,. who has been. laid off, is. returning 'from an approved leave requiring. reinstatement, " or. who has resigned in,good standing and who. is entitled to. preference in appointment to vacancies in that class- CITY OF ROHNERT PARK Page 38 of 39 ' Personnel Rules and Regulations 61TY OF ROHNERT PARK ' ,Personnel Rules and Regulations RPEA — Rohner( 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 Safety Officers. Public Safety Dispatchers, Communicalions Supervisor, Community Services Officers. Par# -Time Dispatchers, and Public Safely Officer Trainees_ RULES - The Personnel Rules and Regulations of the City of Rohnert Park as contained in this document_ SALARY — A regular employee's base pay as approved b the Ci! Council in the classification and salary i.e. pay rates and ranges, computed on a monthly basis, y y y plan SALARY RANGES — The ralo(.$) assigned to a classification in the pay rates and ranges. SEIU — Service Employees. international Union Local 707. The labor bargaining and representation unit for certain .City employees in the Department of Public Works. TEMPORARY APPOINTMENT" - An appointment of limited duration. in the absence of available eligible employees or applicants. FERMiNATION - 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 lwenfy -four (24) hour period beginning at the same time each calendar day. NORKWEEK - Means any. forty (40) hour period within' seven (7) consecutive days starting with the same :alendar day eachyveeii_ OESOLUTIONS EFFECTING PERSONNEL POLICY RESO 79 -22 — RESO 92 -78 -RESO 92 -79 RESO 93 -38 RESO 99 -01 RESO 91 -192 — RESO 87 -111 — RESO 00 -10 — RESO 03-71 _ RESO 03 -235 EMPLOYEE GRIEVANCE PROCEDURE EQUAL OPPORTUNITY EMPLOYER POLICY AGAINST DISCRIMINATION BASED -ON DISABILITY — ADA AGAINST HARASSMENT EL ECTRONIC MEDIA USE ANTI -DRUG. POLICY DEPENDENT CARE ASSISTANCE PROGRAM EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004) PROVIDING FOR' CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 1TY OF ROHNERT PARK ersonnet Rules and Regulations Page 39"of 39 ►1�TINM M Adoption Benefits, 11 Alcohol and Drugs, 19 Alcoholic Beverages or Other Drugs, 20 Off Duty Hours, 20 Prescription Drugs, 20 Alcoholic Beverages or Other Drugs, 20 Alternate Benefit, 10 Americans with Disabilities Act, 9 Bilingual Pay, 19 i FS Call Back, 5 CalPERS, 17 Catastrophic Leave, 9 Compensatory Time, 4 Compensatory Time Off, 4 FE Days of Work, 4 Death /Bereavement Leave, I I Deferred Income, 12 Dental Coverage, 10 . Dependent Care Assistance Program, 18 Drugs, 19 E Education and Training, 15 Educational Incentive Pay, 16 Employee Performance Evaluations, 23 Exempt Employees, 5 F0 Family and Medical Leave, 9 Fringe Benefits, 7 Administration, 7 Adoption Benefits, 11 Americans with Disabilities Act, 9 Catastrophic Leave, 9 Death /Bereavement Leave, I 1 Deferred Income, 12 Dental Coverage, 10 Dependent Care Assistance Program, 18 Education and Training, 15 Educational Incentive Pay, 16 Family and Medical Leave, 9 Funeral Benefit, 11 Health Care Tax Free Dollar Account Program, 18 Hearing Aid Benefit, 18 Life Insurance, 12 Light or Limited Duty, 9 Longevity Pay, 16 Long -Term Disability Insurance, 12 Paternity Leave, 9 Payment to Beneficiary, 9 Personal Leave, 18 Retirement Programs, 17 Sick Leave, 8 Vision Care, 10 Funeral Benefit, I 1 Furloughs, 19 G Grievance Policy and Procedure, 21 Health Care Tax Free Dollar Account Program, 18 Health Coverage Alternate Benefit, 10 Hearing Aid Benefit, 18 Holidays, 5 Holidays Observed, 5 Proclaimed Holidays, 6 Hours of Work, 4 I Invalidation Replacement, 22 Suspension of Agreement, 22 L Lap Swimming Program, 21 Layoffs, 23 Life Insurance, 12 Light or Limited Duty, 9 Longevity Pay, 16 Long -Term Disability Insurance, 12 Management Rights, 21 Military Training, 7 M Non - discrimination, 22 Non - smoking Pay Premium, 20 Non - smoking Status, 20 OUTLINE - Confidential ❑ July 1, 2009 through June 30, 2011 Page 26 O Overtim/Compensatory Time Call Back, 5 Overtime /Compensatory Time, 4 Compensatory Time Off, 4 Exempt Employees, 5 P Paternity Leave, 9 Paychecks, 19 Period of Work, 4 Personal Leave, 18 Personnel Files, 23 Personnel Rules and Regulations, 22 Prescription Drugs, 20 Residency, 21 Retirement Programs, 17 Flo S Salary Adjustments Bilingual Pay, 19 Sick Leave, 8 Sick Leave Accumulation, 8 Smoking, 20 Condition of Employment, 20 Employees Hired After July 1, 1993, 20 Non - smoking Pay Premium, 20 Non - smoking Status, 20 Sports Center, 21 Suspension of Agreement, 22 T Term of Outline Effective Date, 22 Termination Date, 22 U Use of City Facilities, 21 Lap Swimming Program, 21 Use Of City Facilities Sports Center, 21 U Vacation, 6 Discontinued Accrual, 6 Eligibility for New Hires, 6 Maximum Accrual, 6 Regular Part-time Employees, 7 Scheduling Based on Seniority, 7 Vacation Schedule, 6 Vision Care, 10 W Work Curtailment (No Strike Clause), 22 OUTLINE- Confidential ❑ July 1, 2009 through June 30, 2011 Page 27