2012/06/12 City Council Resolution 2012-59RESOLUTION NO. 2012 -59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING A MEMORANDUM OF AGREEMENT WITH THE
SERVICE EMPLOYEES' INTERNATIONAL UNION, LOCAL 1021 (SEIU)
WHEREAS, on April 10, 2012, the City Council approved a tentative labor agreement
with the Service Employees' International Union, Local 1021 (SEIU), which had been ratified by
the membership of SEIU; and
WHEREAS, staff has prepared a final Memorandum of Agreement with SEIU in
accordance with Cotmcil direction;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve and adopt the Memorandum of Agreement for the Service
Employees' International Union, Local 1021 (SEIU), which is attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 12`h day of June'2012.
CITY OF ROHNERT PARK
AHANOTU. Pq4. BELFORTE: (4,tC_ CALLINAN: f41(£„ STAFFORD: A�[C MACKENZIE:
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City of Rohnert Park, California
Certified to be a True and Exact Copy
(c, —1
Date Anne Currie, City Clerk
IH- S:05 -d
Exhibit A
19
,aol4NERT PA
MEMORANDUM OF AGREEMENT
BETWEEN THE
THE CITY OF ROHNERT PARK
AND THE
SERVICE EMPLOYEES INTERNATIONAL UNION
(S.E.I.U.) LOCAL 1021 MAINTENANCE WORKERS
EFFECTIVE July 1, 2012 —June 30, 2013
TABLE OF CONTENTS
1. HOURS OF WORK .......................................................................................... ..............................5
1.1 REGULAR WORKWEEK :................ ............................... 5
......................... ...............................
1.2 ADDITIONAL SHIFTS ..................................................... ............................... 5
.........................
1.3 TEMPORARY ALTERNATE WORK SCHEDULE 5
......................... ...............................
2. OVERTIME ................
2.1 OVERTIME COMPENSATION RATE 5
2.2 COMPENSATORY TIME ................................................................................. ............................... 6
2.3 CALL BACK ...................................................... ............................... ...................... 6
..................
2.4 WEEKNIGHT STAND -BY PAY .......................................................................... ............................... 6
2.5 WEEKEND AND HOLIDAY STAND -BY PAY ........... .............................:. 6
. ..... ...............................
2.6 STAND -BY DUTY WORK ASSIGNMENTS ..................................... ............................... 6
..........
2.7 STAND- BY/CALL -OUT MINIMUM PAY ............................................................... ..............................6
2.8 ELIGIBILITY FOR STAND- BY/CALL- OUT ....................... .............................:. 7
3. HOLI'DAYS ............................................. .............................•• 7
3.1 OBSERVED HOLIDAYS .................................................................................. ............................... 7
3.2 HOLIDAYS FOR REGULAR PART -TIME EMPLOYEES :.........:........... 7
. ................ ...............................
4. ANNUAL LEAVE PROGRAM ....................... ............................... .........................7
4.1 ACCRUAL ............................... ............................... ..7
. .......................:......... ...............................
4.2 RESIDUAL ACCRUED SICK LEAVE 8
............................... ...............................
4.3 ACCRUED VACATION CONVERSION ............................................. •.........•....•...•.••.....•.8
4.4 ANNUAL LEAVE ADMINISTRATION 8
................................... ...............................
4.5 SHORT TERM DISABILITY ..............................
S. MILITARY LEAVE ...........................:..................... ...............................
6. OTHER FRINGE BENEFITS ............................................. ...............................
6.1 FRINGE BENEFIT ADMINISTRATION .................................................................. ............................... 9
6.2 CATASTROPHIC LEAVE 9
...................... ...............................
6.3 CALIFORNIA FAMILY RIGHTS ACT AND FAMILY MEDICAL LEAVE ACT .......................... ..............................9
6.4 TEMPORARY LIGHT OR LIMITED DUTY .................... ,...••..•.....•••,,,.10
6.5 AMERICANS WITH DISABILITIES ACT .............................................................. ............................... 10
6.6 PAYMENT TO BENEFICIARY .......................................................................... ............................... 10
6.7 INSURANCE COVERAGE .............................................................................. ............................... 10
6.8 ALTERNATE BENEFIT .....:... ............................... ............ ............................... 1 1
.........................
6.9 DENTAL COVERAGE ................................................................................... ............................... 1 1
6.10 VISION COVERAGE ............................ :.............. 11
6.11 ADOPTION BENEFIT ................ ................................................ ................... ............................... 12
6.12 DEATH/BEREAVEMENT LEAVE ........... ............................... ................ ..........12
.. ...............................
6.13 FUNERAL BENEFIT ..................................................................................... ............................... 12
6.14 LONG -TERM DISABILITY INSURANCE ............................. .....................12
............ ...............................
6.15 LIFE INSURANCE .............................. .................................................. ....... ............................... 12
MOA - S.E.I. U. Maintenance Workers . July 1, 2012 through June 30, 2013 jI
6.16 DEFERRED INCOME ..................................................................................... .............................13
6.17 RETIRED, DECEASED AND/OR PERMANENTLY AND TOTALLY DISABLED EMPLOYEES ...... .............................13
6.18 CLOTHING ALLOWANCE .............................................................................. ............................... 15
6.19 EDUCATION AND TRAINING ................:........................................................ ............................... 15
6.20 LONGEVITY PAY ....................................................................................... ............................... 16
6.21 RETIREMENT PROGRAMS ............................................................................ ............................... 17
6.22 DEPENDENT CARE ASSISTANCE PROGRAM ......................................................... .............................17
6.23 HEALTH CARE TAX -FREE DOLLAR ACCOUNT PROGRAM ........................................ .............................17
6.24 HEARING AID BENEFIT ............................................................................... ............................... 18
7. AGENCY SHOP AND PAYROLL DEDUCTIONS .................................................. .............................18
7.1 AGENCY SHOP ......................................................................................... ............................... 18
7.2 SEI U DUES DEDUCTION ............................................................................. ............................... 18
7.3 EMPLOYEE LISTING .................................................................................... ............................... 18
7.4 S EIU PAYCHECK DEDUCTION ....................................................................... ............................... 18
7.5 SEIU MEMBERSHIP - SERVICE FEE .................................................................. .............................18
7.6 HOLD HARMLESS ................................................................:..................... ............................... 18
7.7 FAIR REPRESENTATION ............................................................................... ............................... 19
7.8 SEW REQUIRED MEMBERSHIP ..................................................................... ............................... 19
8. SAFETY & WORK EQUIPMENT ...................................................................... .............................19
8.1 SAFETY ITEMS ............................................................................................ .............................19
8.2 UV PROTECTION ........................................................................................ .............................19
8.3 BASIC TOOL KIT ......................................................................................... .............................19
9. SALARY ADJUSTMENTS .& MISCELLANEOUS PAY ........................................... .............................19
9.1 SALARY ADJUSTMENTS ............................................................................... ............................... 19
9.2 PAY DAY ................................................................................................ ............................... 20
9.3 FISCAL/BU DGETARY IMPACTS ...................................................................... ............................... 20
9.4 CERTIFICATION AND LICENSE PROGRAM .......................................................... ............................... 20
10. ALCOHOL .................................................................................................. .............................21
10.1 ALCOHOLIC BEVERAGES OR OTHER DRUGS ...................................................... ............................... 21
10.2 OFF -DUTY HOURS ....................................................................................... .............................22
10.3 PRESCRIPTION DRUGS ................................................................................ ............................... 22
11. SMOKING ................................................................................................. .............................22
12. GASB WORKGROUP .................................................................................. .............................22
13. GRIEVANCE POLICY AND PROCEDURE ....................................................... .............................23
14. USE OF CITY FACILITIES ............................................................................. .............................23
15. MANAGEMENT RIGHTS ............................................................................. .............................23
16. WORK CURTAILMENT (NO STRIKE CLAUSE) ............................................... .............................23
17. PERSONNEL RULES AND REGULATIONS ..................................................... .............................23
MOA - S. E.I.U. Maintenance Workers . July 1, 2012 through June 30, 2013
18. TERM OF AGREEMENT .............................................................................. .............................24
18.1 EFFECTIVE DATE ......................................................................................... .............................24
18.2 TERMINATION DATE .................................................................................. ............................... 24
19. SUCCEEDING AGREEMENT ........................................................................ .............................24
20. INVALIDATION ........................................................................................ ............................... 24
20.1 SUSPENSION OF AGREEMENT ...................................................................... ............................... 24
20.2 REPLACEMENT ................................................................... ............................... ..................24
21. NON - DISCRIMINATION ............................................................................. .............................24
22. PERSONNEL FILES ...................................................................................... .............................24
23. EMPLOYEE PERFORMANCE EVALUATIONS ................................................ .............................25
23.1 . PERFORMANCE EVALUATION ....................................................................... ............................... 25
23.2 EMPLOYEE RESPONSE TO PERFORMANCE EVALUATION ....................................... ............................... 25
24. SEIU OFFICERS .......................................................................................... .............................25
25. SCRAP METAL FUND ................................................................................. .............................25
26. TRANSFER RIGHTS .................................................................................... .............................25
27. LABOR MANAGEMENT COMMITTEES ........................................................ .............................25
28. COMPLETE UNDERSTANDING ........................................................:........... .............................26
APPENDIX A: RETIREE MEDICAL INSURANCE TABLE ............................................ .............................29
APPENDIX B: CERTIFICATION AND LICENSE PROGRAM ....................................... .............................30
INDEX ... ...... ......
MOA - S. E.I. U. Maintenance Workers . July 1, 2012 through June 30, 2013
MEMORANDUM OF AGREEMENT
Pursuant to Government Code Section 3500 et. seq., the Service Employees International Union
(S.E.I.U.) Local 1021 and the representatives of the City of Rohnert Park have met and conferred and
hereby submit their joint recommendations for compensation and benefit adjustments for represented
Rohnert Park City employees in the Department of Public Works.
1. Hours of Work
1.1 Regular Workweek
The regular workweek for all employees shall consist of consecutive workdays, Monday
through Friday. With agreement between an employee and his /her supervisor, the
employee may volunteer for a regular work schedule other than defined in this section.
1.2 Additional Shifts
In the event the City establishes additional ongoing shifts, i.e. swing or graveyard shifts,
City agrees to meet and confer with S.E.I.U. to develop a program for shift differential pay.
1.3 Temporary Alternate Work Schedule
The City may, from time to time, need to schedule work at times other than the regular
workweek. In such instances, the City will establish a "temporary alternate work
schedule," that will not exceed two months in duration. The City will publish the work
assignment and temporary alternate work schedule at least seventy -two (72) hours prior .
to schedule implementation. Supervisors may request and employees may voluntarily
agree to work according to a temporary alternate work schedule. The decision by any
employee to not volunteer to participate in a temporary alternate work schedule shall
not be cause for any disciplinary action by the City. Among employees that voluntarily
agree to a temporary alternative work schedule, preference and priority of assignment
will be made on a seniority basis. The City agrees to pay employees that volunteer for a
temporary alternate work schedule at a rate equal to one and one half (1%) times the
employee's regular hourly rate for all hours worked except the City agrees to pay
employees two (2) times the employee's regular hourly rate for all hours worked between
midnight (12:00 a.m.) and 6:00 a.m., and any hours worked on any Saturday, Sunday or
holiday as defined by this agreement.
2. Overtime
2.1 Overtime Compensation Rate
Overtime compensation at the rate of one and one -half (1%) times the employee's regular
hourly rate shall be paid for all hours worked;
(a) In excess of forty (40) hours in any workweek.
(b) In excess of employee's regularly scheduled shift, as may apply in accord with Section
1 above, in any one workday;
(c) On any Saturday or Sunday, or Holiday (with certain exceptions listed below in this
Section) as defined by this agreement.
Overtime compensation at the rate of two (2) times the employee's regular hourly rate
shall be paid for all hours worked;
(a) Between midnight (12:00 a.m.) and 6:00 a.m. on a weeknight or weekend.
MOA - S.E.t. U. Maintenance Workers *July 1, 2012 through June 30, 2013
-(b) On Easter Sunday, Thanksgiving Day; Christmas Day or New Year's.
2.2 Compensatory Time
A maximum of one hundred twenty (120) hours of compensatory time off may be accrued
by an employee by mutual agreement of the employee and the Assistant City Manager.
Accrual and /or utilization of compensatory time may not be unreasonably denied.
2.3 Call Back
Employees who are called back to work after having left the work site shall be entitled to
a minimum of two (2) hours pay at the overtime rate. Callback is when an employee is
requested to respond and does respond to a Public Works assignment between the
employee's normal quitting time and normal starting time.
2.4 Weeknight Stand -by Pay
Employees scheduled to be immediately available on weeknights (Monday through
Friday) shall be considered to be on weeknight stand -by duty and shall be paid at a flat
rate of $30.00 for each four hour shift while on stand -by duty and available for handling
calls.
(a) Employees assigned to weeknight duty shall be responsible for lock -up of the
Corporation Yard (not to exceed 30 minutes) which is determined to be compensated
as part of the weeknight stand -by pay.
2.5 Weekend and Holiday Stand -by Pay
Employees scheduled to be immediately available on weekend and holiday stand -by duty
shall be considered to be on stand -by duty and, in order to comply with the Fair Labor
Standards Act, shall be paid at a flat rate for a twenty -four hour period. The rate shall be
$30.00 for each four hour shift .
2.6 Stand -by Duty Work Assignments
Employees on weekend and holiday stand -by duty shall be required to perform certain
routine assignments including but not limited to the routine inspection and maintenance
of facilities, such as wells, sewer plant, parks, swimming pools, buildings, etc. Routine
assignments shall not exceed one (1) hour, which is determined to be compensated as
part of the standby pay.
2.7 Stand -by /Call -out Minimum Pay
Public Works stand -by /call -outs are subject to a one (1) hour minimum, except that:
(a) Stand -by /call -outs on the weekend, between the hours of 12:00 a.m. and 6:00 a.m.,
are subject to a two (2) hour minimum, with a limit of six (6) hours per day; and
(b) Stand -by /call -outs at any time on Easter, Thanksgiving, Christmas Day or New Year's
Day are subject to a two (2) hour minimum.
(c) Any Public Works employee on stand -by who is required to work shall be
compensated at one and one -half (1 1/2) times the employee's base hourly rate,
except that:
(i) Any Public Works employee on stand -by who is required to work on a
weeknight, between the hours of midnight (12:00 a.m.) and 6:00 a.m., shall be
compensated at two (2) times the employee's base hourly rate;
(ii) Any Public Works employee on stand -by who is required to work on the
weekend, between the hours of midnight (12:00 a.m.) and 6:00 a.m., shall be
compensated at two (2) times the employee's base hourly rate; and
MOA - S.ELU. Maintenance Workers . July 1, 2012 through June 30, 2013
(iii) Any Public Works employee on stand -by who is required to work at any time on
Easter, Thanksgiving, Christmas Day, or New Year's Day shall be compensated at
two (2) times the base hourly rate.
2.8 Eligibility for Stand -by /Call -out
All employees living within twenty (20) minutes of the Maintenance Yard, based upon
MapQuest estimates, shall be eligible for stand -by duty.
3. Holidays
3.1 Observed Holidays
Employees will receive the following thirteen and one -half (13 %) holidays annually,
specifically:
"New Years Day ", January 1
The third Monday in January, "Martin Luther King, Jr. Day"
Friday proceeding "President's Day"
The third Monday in February, "President's Day"
The last Monday in May, "Memorial Day"
"Independence Day ", July 4
The first Monday in September, "Labor Day"
"State Admission Day ", September 9th
The second Monday in October, "Columbus Day"
"Veteran's Day ", November 11
The fourth Thursday in November, "Thanksgiving Day"
Day after "Thanksgiving"
12:00 Noon to 5:00 p.m. on Christmas Eve, December 24 (a total of four paid holiday
hours)
"Christmas Day ", December 25
Every day proclaimed by the President, Governor or Mayor of the City as a public holiday
and made applicable to City employees.
Each day that the Governor declares a day of mourning or special observance as a holiday
for State employees if the declaration makes it applicable to City employees.
3.2 Holidays for Regular Part -Time Employees
If a scheduled or observed holiday falls on a regularly scheduled day off, the part -time
employee shall be entitled to the pro -rated number of holiday hours, which may be taken
as time off in the pay period in which the holiday falls.
4. Annual Leave Program
4.1 Accrual
Effective July 1, 2011 employees shall accrue monthly the following Annual Leave:
Length of Service Monthly Yearly
Annual Leave Hours Annual Leave Hours
0 to 2 years 12.67 Hours 152 Hours
MOA - S. E.l. U. Maintenance Workers . July 1, 2012 through June 30, 2013
7
3 to 5 years
14 Hours
168 Hours
6 to 10 years
16 Hours
192 Hours
11 to 15 years
18 Hours
216 Hours
16+ years
19.33 Hours
232 Hours
4.2 Residual Accrued Sick Leave
Effective July 1, 2011, employees shall not accrue any form of sick leave or disability
wage, non - industrial or industrial. However, employees who have accrued fully -paid
hours under either the sick leave or disability wage program for non - industrial illness
and injury shall retain the balance of such hours accumulated as of July 1, 2011. Half -
pay hours accumulated as provided by the disability wage plan will be converted to
fully -paid hours (balance divided by 2), and credited to the balance of each employee
covered by the disability wage plan. Employees in the disability wage plan who have not
received their 2011 anniversary allotment of 40 hours of full -pay disability wage at the
time of conversion Will receive this additional 40 hours upon conversion. Paid leave for
approved absence due to injury or illness may be charged against this balance at the
employee's discretion. Upon retirement from the City of Rohnert Park, an employee
may convert any remaining sick leave balance to service credits pursuant to CalPERS
regulations and procedures.
4.3 Accrued Vacation Conversion
Effective July 1, 2011, employees shall not accrue vacation. All existing accumulated
vacation shall be converted to Annual Leave.
4.4 Annual Leave Administration
Annual leave hours may be used to - provide paid time off for any approved absence,
including but not limited to vacation and illness. When annual leave is used for sick
leave purposes, the City may require the employee to submit substantiating evidence of
illness if there is a demonstrable pattern of abuse.
(a) Accrual Cap
An employee may accumulate annual leave credits up to a maximum of 500 hours of
annual leave. Accrual shall cease until the annual leave balance falls below the 500
hour annual leave cap.
(b) Cash Out
Accumulated annual leave shall be converted to cash upon separation from. City
service.
(c) Seniority Preference
Preference for leave scheduling will be on the basis of seniority within classification
and /or as has been past practice.
4.5 Short Term Disability
The City will provide a short -term disability insurance program which includes income
replacement of 60% and benefits coordination to employees.
muH - b. t. 1. u. Maintenance Workers *July 1, 2012 through June 30, 2013 8
5. Military Leave
The City grants military leave and any related benefits maintenance, job seniority and retention
rights to all employees for service in a uniformed service in accordance with state and federal
law. The employee must notify his /her supervisor of upcoming military duty as soon as he /she
becomes aware of his /her obligation.
6. Other Fringe Benefits
6.1 Fringe Benefit. Ad ministration
City reserves the right to select the insurance carrier(s) or to self- administer any of the
fringe benefit programs provided during the term of this agreement. In the event that any
offered health plan is no longer offered, the City agrees to provide a suitable replacement
health plan that is substantially comparable and will agree to meet and confer regarding
same.
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 Memorandum of Agreement as
originally worded or as amended from time to time may depend on their tax treatment by
the State or Federal government or the decisions of other government agencies or
departments, such as, but not limited to, the Public Employees Retirement System. The
City will endeavor to obtain the most favorable treatment legally possible from these
other governmental entities. However, the City makes no representation concerning the
value of such benefits to unit members or how they will be taxed or otherwise treated by
other agencies or departments. The City's obligations under this Memorandum of
Agreement are limited to the direct cost of providing the salary and benefits as described
in this Memorandum of Agreement. The City shall have no additional financial obligation,
even if the tax or other treatment of such salary or benefits by other agencies or
departments reduces or eliminates their value to the employee.
(a) The City will continue all employee benefits and pay the appropriate premiums, as
specified in the applicable section(s) of this agreement, due for an employee out on an
authorized leave while an employee is being compensated by annual leave time,
compensatory time, and /or residual 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 City for said benefits.
6.2 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.
6.3 California Family Rights Act and Family Medical Leave Act
Employees may request a leave of absence under the California Family Rights Act (CFRA)
MOA - S. E.l. U. Maintenance Workers . July 1, 2012 through June 30, 2013 9
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.
6.4 Temporary Light or Limited Duty
Employees injured or ill from either on- the -job (industrial) or off - the -job (non - industrial)
causes may, at the City's sole discretion, be assigned to light, limited, or modified duty.
Such assignments may involve duties that differ from the normal work duties of the
employee. Requests for permanent job accommodations shall be handled through the
interactive process required by state and federal law.
6.5 Americans with Disabilities Act
The City and S.E:I.U. recognize that the City has an obligation under law to comply with
the Americans with Disabilities Act (ADA).
6.6 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.
6.7 Insurance Coverage
The City shall provide the insurance programs described in this Section. The City
reserves the right to provide these insurance programs by self - insurance, through an
insurance. company or by any other method which provides the coverage outlined. Any
premiums paid by the employee eligible for Section 125 will be deducted from the
employee's pay on a pre -tax basis. These provisions will remain in effect during the
term of the agreement unless the parties by mutual agreement agree to different
insurance coverage including "cafeteria" style benefits plan. The Parties will work
together through the Joint Labor - Management Committee to discuss options to develop
and implement a "cafeteria" style benefits plan under the provision of Internal Revenue
Code 125. Absent mutual agreement to an earlier date, the parties will target
implementation by July 1, 2013 during negotiations for a successor MOA.
(b) Health Insurance
The City shall offer employees and their eligible dependents, a health insurance
program under the terms set forth below:
i. For the term of this agreement 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 appropriate health plan offered
by the City.
ii. 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.
MOA - S. E.1. U. Maintenance Workers . July 1, 2012 through June 30, 2013 10
iii. The City shall provide a copy of the summary description of all health care
programs offered by the City to each employee upon request..
iv. Regular part-time employees may elect to participate in health insurance
plans and the City will contribute a pro -rata amount (based on the allocation
of the position) towards the premium. The part-time employee will be
responsible for the balance of the premium through payroll deductions. If
the part-time employee does not select coverage, no cash payment will be
made in lieu of the insurance.
6.8 Alternate Benefit
Eligible. employees who provide proof of health insurance coverage from a source other
than the City may receive an alternate benefit of $350.00 per month. This benefit shall
be provided as outlined in City Council Resolution.No. 2007 -178, adopted October 23,
2007.
6.9 Dental Coverage
The City shall offer employees and their eligible dependents, a dental insurance
program under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases during the
term of this Understanding. Premiums will be set by the insurer, or if self - insured
by the City, using fiscally prudent methods. The City shall provide a copy of the
summary - description of the dental program offered by the City to each employee
upon request.
(b) In general, the program includes basic dental insurance coverage of payment to
network dentists of the indicated percentage up to the maximum of $2,000 for
each eligible person per year for the following benefits:
(i) One hundred percent (100 %) of the cost of diagnostic and preventative
care.
(ii) Eighty -five percent (85 %) of the cost of basic dental services.
(iii) Eighty -five percent (85 %) of the cost of crowns and restorations.
(iv) Fifty percent (50 %) of the cost of prosthodontics.
(v) Two thousand dollar ($2,000) maximum benefit for dental services per
person per.year.
(vi) Fifty percent (50 %) of the cost of orthodontics with a one thousand five
hundred dollar ($1,500) lifetime maximum benefit per person.
6.10 Vision Coverage
The City shall offer employees and their eligible dependents, a vision insurance program
under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases during the
term of this Understanding. Premiums will be set by the insurer, or if self- insured
by the City, using fiscally prudent methods. The City shall provide a copy of the
MOA - S. E.I.U. Maintenance Workers . July 1, 2012 through June 30, 2013
summary description of the vision insurance program offered by the City to each
employee upon request.
(b) In general, the program includes an eye examination once each twelve (12)
months, lenses once each twelve (12) months, and frames once each twenty -four
(24) months. An employee may purchase contact lenses in lieu of the benefits
summarized above.
6.11 Adoption Benefit
That the City provides a six hundred dollar ($600) per child cash benefit to employees
adopting minor children to help offset the cost of adoptions. This cash benefit does not
include the cost of adopting stepchildren, i.e. children of present spouse.
6.12 Death /Bereavement Leave
(a) A regular employee shall be paid up to three (3) days of bereavement leave when
there is a death in their immediate family.
(b) Additionally, a regular employee may, subject to approval of the supervisor, use two
(2) additional days of the employee's accrued sick leave if the employee must travel
out of the area, i.e. at least two hundred and fifty (250) miles one way.
(c) Immediate family in this case means: spouse, father, father -in -law, mother,
mother -in -law, brother, brother -in -law,, sister, sister -in -law, child (including
step= children), step - parents, aunts, uncles, grandparents, grandparents -in -law,
grandchildren, relationships in loco- parentis, and close personal relationships with the
approval of the City Manager or his /her designee.
6.13 Funeral Benefit
-City will provide fifty percent (50 %) co- payment, not to exceed two thousand dollars
($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit
will be considered secondary to and shall be coordinated with any and all other funeral
benefits that may be payable to employee or spouse.
6.14 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
three hundred 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.
6.15 Life Insurance
(a) The City will continue to provide, at no premium cost to employees, fifty thousand
dollars ($50,000) life insurance coverage provided to employees and one thousand
MOA - S.ELU. Maintenance Workers . July 1, 2012 through June 30, 2013
dollars ($1,000) for dependents, and which coverage includes accidental death and
dismemberment benefits..
(b) The City will allow, subject to the insurance carrier's approval, any employees to
purchase, at their own cost, additional life insurance coverage under the City's group
program.
6.16 Deferred Income
The City will continue to make available to the employees a deferred income program,
now being administered by Nationwide and International City Management Association
(ICMA) or a similar program with another institution acceptable to City.
6.17 Retired, Deceased and /or Permanently and Totally Disabled Employees
The language in this section has been revised from the MCA between the City and SEIU,
Local 1021, effective July 1, .2007 through June 31, 2009 only for the purposes of
administrative clarification, and does not represent a change in benefits provided.
(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 "Appendix A: Insurance Premium Contribution Rate Schedule." Coverage
will extend to eligible dependents. The City will provide such contributions only:
1. To regular full -time and regular part -time City employees hired before June 30,
2007 who have at least fifteen (15) years of continuous service with the City and
who retire upon reaching retirement age or thereafter and are receiving a
retirement allowance from CAPERS. 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. Calculation of premium will be prorated for regular, part -time employees.
C. Employees must retire concurrent with termination of service with the City to
be eligible for this benefit (no vesting).
d. The City's share of the 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.
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, and;
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,
MOA - S. E.l. U Maintenance Workers . July 1, 2012 through June 30, 2013
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
totally disabled. Coverage will extend to eligible spouse, registered domestic
partner, and dependents.
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. The City agrees to provide /offer and pay to regular full -time or regular part -time
employees hired before June 30, 2007, 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 this section shall be coordinated with Medi -Care,
Medi -Cal, and any other welfare program available of which said benefit coverage
shall be considered primary and City provided coverage in turn considered
secondary.
6. All benefits provided under this section are subject to the characteristics of each
individual benefit program. The life insurance to be provided will be the life
insurance plan amount in effect and in accordance with the provisions of the life
insurance program as of the date of employee's retirement.
7. The benefits provided under this section 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
this section. Part -time (non - benefited) employment and approved unpaid leaves
will not be used in calculating length of continuous service under this section. Any
separation from City employment will void any previous accrual towards length of
continuous service for purposes of this section, unless otherwise waived by the
City Manager and due to extenuating circumstances. Layoffs with subsequent
restoration and approved City paid or unpaid leaves do not constitute separation
MUA - S. t.1. U. Maintenance Workers . July 1, 2012 through June 30, 2013 14
from City service (and therefore will not void any previous accrual towards length
of continuous service) for the purpose of this section.
9. Any retired employee who, after retirement from the City, becomes employed
elsewhere and is covered by medical, life insurance, health, dental or vision care
benefits by his /her new employer, said coverage provided by the City to the
retired employee will be considered secondary to the coverage provided by
his /her new employer, his /her new employer's coverage shall be considered
primary.
10. Any spouse or registered domestic partner of a deceased employee or deceased
retired employee who is receiving benefit coverage as provided under this section,
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 6.17 (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.
6.18 Clothing Allowance
(a) The City will provide an employee with reimbursement not to exceed two hundred
dollars ($200) per occurrence for clothing or personal equipment used during the
course of employment (excluding jewelry) that has been destroyed or made otherwise
non - usable. The City will provide an employee with reimbursement. not to exceed fifty
dollars ($50) for the replacement of a watch that has been destroyed.
(b) For the term of this agreement, the City will provide each employee with
reimbursement, not to exceed three hundred dollars ($300) per fiscal year, for the
cost of work boots upon submittal to the City of a paid receipt for the boots. City shall
establish voucher payment system for boots.
(c) Coveralls - For the term of this agreement, the City agrees to provide and replace
when necessary appropriate coverall's to those City employees the City deems
required to wear them in the performance of their duties, i.e. Maintenance Worker
Painter, Equipment Mechanic, Senior Equipment Mechanic, and employees required
to work in the sewer system. Said coveralls are and shall remain the property of City.
6.19 Education and Training
(a) The City will provide an education and training assistance program to provide
reimbursement to employees for tuition and book costs only for attending and
MOA - S. E.I. U. Maintenance Workers . July 1, 2012 through June 30, 2013
completing, with a satisfactory grade (C or better), courses in the adult high school
program, at Santa Rosa Junior College, at Sonoma State University or any other
educational institution acceptable to the City. All courses or classes for which
reimbursement will be requested must be previously approved by the Supervisor and
the City Manager prior to the start of said classes and approval requested on the
appropriate City form. The maximum allowed amount reimbursable for tuition is one
thousand dollars ($1,000) per instructional period plus books and materials, with a
total reimbursable amount not to exceed three thousand dollars ($3,000) per calendar
year.
6.20 Longevity Pay
The City will continue to provide longevity pay to employees, based on continuous years
of service (as defined in Section 6.20 (i)) as follows:
Completed Years
of Service
5 years
For each year thereafter
Pay Percentage
Increases
2%
1/2%
The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay.
The "completed years of service" will be determined on January 1st and July 1st only and
not on an employee's employment anniversary date.
For regular employees hired after 05/12/98, the longevity program as outlined above
does not apply.
(a)Educational Incentive.Pay - For regular employees hired after 05/12/98, which are not
eligible for longevity pay as outlined in Section 6.22, the following educational pay benefit
shall be provided:
Stipend Level I - $75
1. An approved Technical Certificate awarded by Santa Rosa Junior College (SRJC), or
other accredited college, that relates to employment in one or more public works
functions.
2. A two -year Associate of Science (AS) or Associate of Arts (AA) degree in a subject
area not related to public works functions.
3. An approved Technical Certificate awarded by the City, based upon a course of
study completed at the SRJC.
Stipend Level II - $100
1. A two year AS or AA degree with course study related to Public Works. Technical
Certificates earned as part of an AS or AA degree are included in this category.
2. A two year AS or AA degree in any subject area, and an approved Technical
Certificate.
MOA - S. EL U. Maintenance Workers . July 1, 2012 through June 30, 2013 16
Stipend Level III - $135
I. A Bachelor of Science (BS) or Bachelor of Arts (BA) in any major course of study,
awarded by an accredited college or university.
2. A two year AS or AA degree with course study related to Public Works, and two (2)
Technical Certificates in a subject area related. to Public Works. Technical
Certificates must be at least thirty (30) units.
The Stipend payments provided above are not accumulative, i.e. only one of the two
degrees is paid (cannot receive both stipends; only one stipend is paid per employee).
In no event shall an employee be paid for more than one degree.
The Stipend payments are authorized only for AS, AA, BS, and BA degrees from an
accredited college or university. A copy of the degree must be provided for validation
and approval of payment.
6.21 Retirement Programs
(a) Effective July 1, 2007, the City will provide the California Public Employees'
Retirement System (CaIPERS) two and seven tenths percent (2.7 %) at fifty -five (55)
retirement program to miscellaneous member employees.
(b) 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.
(c) Beginning August 1, 2011, employees shall contribute 100% of the required member
contribution.
(d) The City will continue to provide the "single highest year compensation" optional
provision in its contract with CaIPERS.
(e) 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.
6.22 Dependent Care Assistance Program
City will continue to provide the Dependent Care Assistance Program (DCAP) as
authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars
for childcare as approved by the Internal Revenue Service (IRS) and the California
Franchise Tax Board.
6.23 Health Care Tax -Free Dollar Account Program
City will continue to provide the Health Care Tax -Free Dollar Account Program as
authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars
for the cost of monthly health care premiums as well as eligible unreimbursed medical
expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise
Tax Board.
MOA - S. E.l. U. Maintenance Workers. July 1, 2012 through June 30, 2013 17
6.24 Hearing Aid Benefit
The City shall reimburse employee only eighty percent (80 %) with a lifetime maximum of
nine hundred dollars ($900.00) for a hearing aid device.
7. Agency Shop and Payroll Deductions
7.1 Agency Shop
City acknowledges that S.E.I.U. Local 1021 is the exclusive representative for certain
classifications listed below and that an agency shop arrangement as authorized by State
law (Government Code Section 3502.5) was established pursuant to an election held
during a previous contract period. The agency shop shall apply to, all regular full -time and
regular part -time Public Works employees except seasonal and temporary employees
including Equipment Mechanic, Senior Equipment Mechanic, Instrumentation Technician,
Electrician, Arborist, Meter Technician, Maintenance Worker II, Maintenance Worker I,
and Maintenance Worker Trainee. Public Works' positions designated managerial by City,
if any, shall not be subject to this Agency Shop Agreement.
7.2 SEIU Dues Deduction
S.E.I.U. will be provided with monthly payroll deduction of dues, service fees and
premium amounts for insurance programs sponsored by the employee's organization at
no cost to the employee organization.
7.3 Employee Listing
S.E.I.U. will provide the City Manager with a listing of deductions to be made from
represented employees. Said listing will.remain in force until amended by S.E.I.U. in
writing. S.E.I.U. will hold the City harmless from any liability for errors resulting from
errors on the listing provided by S.E.I.U.
7.4 SEIU Paycheck Deduction
All S.E.I.U. deductions will be taken from the mid -month paycheck and promptly
forwarded to S.E.I.U.
7.5 SEIU Membership — Service Fee
Employees covered by this Memorandum of Agreement shall join and maintain
membership in S.E.I.U., or at the employee's option (1) pay a monthly service fee equal to
a percentage of monthly dues paid by S.E.I.U. members, or (2) pay monthly to a
non - religious, non - labor, charitable fund exempt from taxation under Section 501(c) (3) of
the Internal Revenue Code, a sum equal to the monthly dues paid by S.E.I.U. members.
Said percentage will be established on an annual basis by S.E.I.U. in accordance with
Hudson procedures. Option number two (2) is only available to an employee with a bona
fide religious objection.
7.6 Hold Harmless
S.E.I.U. agrees to indemnify and defend the City, its officers, employees and agents and
hold it harmless against any and all suits, claims, demands and liabilities that shall arise
MOA - S.E.I.0 Maintenance Workers . July 1, 2012 through June 30, 2013 18
directly or indirectly out of any action that shall be taken or not taken or on behalf of the
City, its officers, employee and agents for the purpose of complying with the foregoing
sections.
7.7 Fair Representation
S.E.I.U. agrees that it has the duty to provide fair and non - discriminatory representation
to all employees in all classes covered by this Memorandum of Agreement regardless of
whether they are members of S.E.I.U. This paragraph shall not be construed to create
rights greater than those contained in applicable State and Federal law.
7.8 SEW Required Membership
All S.E.I.U. members who had S.E.I.U. deduction authorizations on file with the
Auditor- Controller or S.E.I.U., or who may thereafter authorize in writing the deduction of
their S.E.I.U. dues, shall remain on payroll deduction for the term of this Memorandum of
Agreement or so long as they are members of the representative units. S.E.I.U. members
may terminate payroll deductions of dues at the expiration of this Memorandum of
Agreement by giving written notice to S.E.I.U. during an one -month period between
ninety (90) and sixty (60) days prior to the expiration of the term. S.E.I.U. agrees to
indemnify, defend and hold harmless the City, its officers, agents and employees from any
claim, liability or damage arising from this provision.
8. Safety & Work Equipment
8.1 Safety Items
City will continue to furnish employees with necessary safety items including equipment,
tools and appropriate rain gear. Any items furnished by City shall remain the property of
City.
8.2 UV Protection
City will reimburse for sunglasses providing UV protection, not to exceed $150.00 per
employee per fiscal year.
8.3 Basic Tool Kit
City agrees to, based upon need, provide and maintain for all full -time regular employees
covered by this Memorandum of Agreement a basic tool kit. All items provided in the
basic tool kit are and shall remain the property of the City.
(a) City agrees to replace stolen or damaged City owned tools in a reasonable time period
(i.e.within one (1) month (unless an unusual item) and with the approval of a Public Works
supervisor.
(b) It is understood that it is the employee's responsibility to take reasonable care in
avoiding the loss or theft of City -owned tools /equipment.
9. Salary Adjustments & Miscellaneous Pay
9.1 Salary Adjustments
Salaries will not be subject to a general wage adjustment during the term of this
Memorandum of Agreement.
MOA - S.EI.U. Maintenance Workers *July 1, 2012 through June 30, 2013
9.2 Pay Day
City shall distribute paychecks to employees by noon on payday.
9.3 Fiscal /Budgetary Impacts
(a) If the State of California experiences a fiscal crisis and substantial funds are extracted
from the City or sales tax revenues or other major revenue sources decline to a point
where the City must consider a reduction in staffing, S.E.I.U. agrees to re -open this
agreement and meet and confer to address and discuss salary issues..
(b) The City and S.E.I.U. agree to clarify how Section 21, Layoffs and Section 22,
Reinstatement in City Manager's Administrative Policy No. 1, Personnel Rules and
Regulations shall apply to S.E.I.U. members.
Total time employed by the City, not including temporary employment assignments,
shall be used to determine the seniority of a given employee. Part -time employment
shall be credited on a prorated basis. For example, half time employment during two
weeks will be credited as one week of employment when determining seniority.
In the event of a lay off, the City agrees to lay off employees according to seniority.
The layoff order of employees within a given classification will be as follows: the
employee with the least seniority will be subject to lay off first, the employee with the
second least seniority will be subject to lay off second, and so on. The employee with
the most seniority will be the last employee subject to lay off within a given
classification.
In the event of employee reinstatement, the City agrees to reinstatement according to
seniority. The reinstatement order of employees within a given classification will be as
follows: the employee with the most seniority will be reinstated first, the employee
with the second most seniority will be reinstated second, and so on. The employee
with the least seniority will be the last employee to be reinstated within a given
classification.
9.4 Certification and License Program
A schedule of stipends for maintenance employees obtaining job - related certificates and
licenses has been established and will be provided as described in Appendix B of this
MOA.
(a) The history of this program is as follows: In July 2005, the City of Rohnert Park and
SEIU established a schedule of stipends for maintenance employees obtaining job -
related certificates and licenses. In July 2006 and July 2007, the Lead Worker Stipend
and the Senior Lead Worker Stipend were increased to 2.1% of salary and 5.0% of
salary respectively. During negotiations for a successor MOA in 2007 between the City
and SEW Local 1021, the program was further modified, creating three levels for
stipends and increasing the amount for "lead worker" and "senior lead worker." On
March 26, 2008, the City and SEIU agreed in a side letter to the following in
transitioning to the modified Certification License Program:
MOA - S. EL U. Maintenance Workers . July 1, 2012 through June 30, 2013 20
i. An employee receiving the Lead Worker Stipend or the Senior Lead Worker
Stipend on June 31, 2007, will receive the respective increase (from 2.1% to
2.6% for the Lead Worker, from 5.0% to 6.0% for the Senior Lead Worker) less
any applicable deductions or taxes, retroactive to July 1, 2007.
ii. If during the period between July 1 and December 1, 2007, an employee, as a
result of obtaining applicable certificates or licenses, would have become
eligible for the Lead Worker Stipend or the Senior Lead Worker Stipend under
the program criteria in effect prior to July 1, 2007, the employee will receive
the increased stipend amount retroactive to the date eh /she become eligible,
less applicable deductions and taxes.
iii. An employee that, as a result of the modification to the stipend criteria
qualified as of December 1, 2007 for a higher stipend, shall receive an amount
equal to the difference between the stipend amount received and the amount
they were qualified for, retroactive to December 1,' 2007, less applicable
deductions and taxes.
iv. The stipends will be designated as Level I Stipend, Level II Stipend, and Level III
Stipend in Appendix B of the IVIOA.
V. With the exception of employees that retired between July 1, 2007, and the
date of this side letter, employees that may have been eligible for additional
stipend pay that have terminated employment with the City shall not be
entitled to any retroactive payment. Calculation of retroactive payments for
retirees shall be on salary only, less applicable deductions and taxes, and shall
not include vacation or other "payouts" that the retiree may have received at
the time of retirement.
10. Alcohol
The City and S.E.I.U. agree to continue to work together to assist any employees who have an
alcohol or alcohol related, drug or substance abuse problem. It is mutually acknowledged that
continued cooperative efforts would give employees a much better opportunity to recover
from this very serious health problem.
Since Public Works employees are required to drive City vehicles, use various types of power
equipment and tools, and perform their work in locations such as streets and trenches, and it is
known that drinking alcoholic beverages or taking certain drugs may slow a persons reflexes
and ability to think clearly. The probability of having an accident is increased after drinking
alcohol or taking certain drugs. The City recognizes that this situation could place the employee
as well as co- workers and the public at risk of injury.
10.1 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 work day, nor while
on assigned standby duty.
MOA - S.ELU. Maintenance Workers . July 1, 2012 through June 30, 2013 21
10.2 Off-duty Hours
If an employee who has been drinking alcohol or using a drug which may impair the
employee's ability to drive or function safely receives a call to return to work during off
duty hours, the employee must decline the request to work.
10.3 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.
11. Smoking
S.E.I.U. acknowledges that the City intends to hire employees with the clearly expressed
condition of employment that they refrain from smoking. S.E.I.U. acknowledges the City's
right to take appropriate disciplinary actions should any such employee hired after the
effective date of this agreement violate the agreed upon conditions of employment. Prior
to final disciplinary action being taken, City will refer the employee to the employee
assistance program for consultation and referral
12. GASB Workgroup
The parties agree to establish a workgroup to address the City's unfunded liability associated
with GASB 43 & 45, The workgroup shall review options including alternate insurance carriers
and plan designs for benefit delivery, funding vehicles that reduce overall liability and benefit
entitlements for existing employees and retirees as well as future employees.
(a) The workgroup shall be chaired by the City Manager or his /her designee and comprised
of at least one, but no more than 2, members from each bargaining Unit and up to an
equal number of management representatives.
(b) The workgroup shall begin meeting within 60 days after ratification of this Contract.
(c) The City agrees that the Unit representatives will serve and participate on the
workgroup without loss of compensation.
(d) The City, and the workgroup, will cause a study to be prepared for review by the
workgroup, and the workgroup shall prepare within six (6) months or no later than
February 2012, a report to the City Council identifying possible means to address the
City's GASB liability.
(e) The final report shall not be issued to Council without input from the bargaining unit
participants on the workgroup.
(f) The City agrees to provide administrative services and other resources to support the
workgroup's charge and stated time lines.
(g) The above report is intended to serve as an informational document and does not
constitute the City's position or any participating bargaining unit's position during
negotiations over this issue.
(h) The parties agree to reopen the agreement to negotiate changes to address the City's
GASB liability or before July 1, 2012. The parties agree that negotiations will be
completed by June 30, 2013 and changes will go into effect July 1, 2013.
MOA - S. E. L U. Maintenance Workers .. July 1, 2012 through June 30, 2013
13. Grievance Policy and Procedure
Both S.E.I.U. and City agree to comply with the grievance procedure as outlined in Resolution
No. 79 -22, adopted February 13, 1979, a copy of which is attached hereto. Failure to meet any
time line or specifically comply with any other requirement of the grievance procedure
constitutes a specific waiver and is a bar to further consideration of the grievance.
14. Use of City Facilities
Employees and their eligible dependents (as defined by City policy), will be allowed to
participate with no fee imposed in open gym time and use the weight room and locker room
facility at the Sports Center when such facilities are open and also participate in the Lap Swim
Program conducted at the City's swimming pools. In the event that the City determines that
such use of the Sports Center by dependents of employees adversely impacts the public's
access to the Sports Center facilities, the parties will re -open this Section 14. 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.
15. Management Rights
Except as limited in this Memorandum of Agreement and applicable State laws, the exclusive
,rights of the City shall include, but not be limited to, the right to determine the organization of
city,government and the purpose and mission of its departments and agencies, to determine
the nature, levels and mode of delivery and to set standards of service to be offered to the
public; and through its management officials to exercise control and discretion over its
organization and operations; to establish and effect administrative regulations which are
consistent with law and the specific provisions of this Memorandum of Agreement; to direct its
employees and establish employee performance standards and to require compliance
therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand,
withhold salary increases and benefits, or otherwise discipline employees subject to the
requirements of applicable laws; to lay off its employees whenever their positions are
abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate
reasons; to determine whether goods or services shall be made, purchased, or contracted for;
to determine the methods, means, and numbers and kinds of personnel by which the City's
services are to be provided; including the right to schedule and assign work and overtime; and
to otherwise act in the interest of efficient service to the City; and to take all necessary actions
to protect the public and carry out its mission in emergencies.
16. Work Curtailment (No Strike Clause)
Under no circumstances shall the Union or any of the employees it represents individually or
collectively cause, sanction, honor or engage in any strike, sit -down, stay -in, sick -out,
slow -down, speed -up, work to rule or any other type of job action, curtailment of work,
restriction of production or restriction of service during the term of this agreement.
17. Personnel Rules and Regulations
City Agrees to meet and confer with Union regarding any updates or changes to its Personnel
Rules and Regulations.
MOA - S. E. t. U. Maintenance Workers . July 1, 2012 through June 30, 2013 23
18. Term of Agreement
18.1 Effective Date
This agreement is to become effective on July 1, 2012.
18.2 Termination Date
This agreement will terminate on June 30, 2013, unless extended by mutual agreement of
the parties.
19. Succeeding Agreement
Negotiations for the period commencing July 1, 2013, shall begin on or before February 1, 2013,
by which time S.E.I.U. shall submit its proposals to the City Manager. Said submittal shall
include an estimated percentage decrease or increase in the cost of same compared to the
provisions of this agreement.
20. Invalidation
20.1 Suspension of Agreement
If during the term of this agreement, any item or portion thereof of this agreement is held
to be invalid by operation of any applicable law, rule, regulation, or order issued by
governmental authority or tribunal of competent jurisdiction, or if compliance with or
enforcement of the item or portion thereof shall be restrained by any tribunal, such
provision of this agreement shall be immediately suspended and be of no effect
hereunder so long as such law, rule, regulation, or order shall remain in effect. Such
invalidation of a part or portion of this agreement shall not invalidate any remaining
portion, which shall continue in full force and effect.
20.2 Replacement
In the event of suspension or invalidation of any article or section of this agreement, the
parties agree, that except in an emergency situation, to meet and confer within thirty (30)
days after such determination for the purpose of arriving at a mutually satisfactory
replacement for such article or section.
21. Non - Discrimination
City acknowledges that in receiving the benefits afforded by this Memorandum of Agreement,
no person shall in any way be favored or discriminated against to the extent prohibited by law
because of political or religious opinions or affiliations, or because of racial or national origin, or
because of age, sex or sexual preference, or physical or mental disability.
22. Personnel Files
Employees or their duly authorized representative have the right to inspect his or her personnel
file maintained on him or her by the City. Employees have the right to respond in writing to
anything contained or placed in their personnel file and any such responses shall become part
of the personnel file.
MOA - S. Et U. Maintenance Workers . July 1, 2012 through June 30, 2013 24
23. Employee Performance Evaluations
23.1 Performance Evaluation
Employees shall be provided with a copy of his /her performance evaluation twenty -four
(24) hours prior to the evaluations interview.
23.2 Employee Response to Performance Evaluation
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.
24. SEIU Officers
The City agrees to authorize two (2) job stewards and one (1) alternate to attend to S.E.I.U.
business. In no event shall more than two (2) S.E.I.U. representatives attend to S.E.I.U. business
meetings. Total time spent shall not exceed. forty (40) hours in aggregate in any fiscal year.
S.E.I.U. shall provide a monthly reporting to the City the names and hours used by S.E.I.U.
officers during City hours. In all cases, the S.E.I.U. officers shall secure permission from their
supervisor before leaving a work assignment.
25. Scrap Metal Fund
A scrap metal fund is authorized by the City for all proceeds received from the sale of scrap
metal pulled from the garbage by employees. Said proceeds will be used for the purpose of
sponsoring employee picnics, birthday celebrations and other functions approved by the
employees and the City. Proper accounting shall be kept on all receipts and disbursements from
said fund.
S.E.I.U. acknowledges that all garbage /trash, salvage, scrap and scrap metal collected by
employees, is the property of the City. Employees are not entitled to any garbage /trash,
salvage, scrap or scrap metal collected during the course of their work for City.
26. Transfer Rights
Should the City decide to establish a full -time fire services section staffed with full -time
permanent personnel, the City will extend transfer rights to those employees who meet the
qualifications of the position so they can apply for same.
27. Labor Management Committees
27.1 Joint Labor Management Committee — Ad Hoc
The City and the Union support the creation and the utilization of a joint Labor - Management
committee. The Labor - Management Committee shall be comprised and function in the
following manner:
MOA - S. E.I. U. Maintenance Workers . July 1, 2012 through June 30, 2013 25
(a) The Committee shall be made up of no less than two (2), nor more than four (4)
members each from the Union. A City representative or Union committee member
trained in facilitation or group problem solving may serve as a facilitator.
(b) The Committee meetings and related training shall be deemed City business for
compensation purposes; however, it is the intent that Committee meetings and /or
trainings be held during the regular workday and will not result in overtime
compensation.
(c) The Committee may be continued, modified or expanded by mutual agreement of the
participants.
(d) The Committee may review, discuss and make recommendations on a variety of
departmental issues of mutual concern.
(e) The committee is encouraged to brainstorm possible issues and problems, prioritize the
possible issues in general order of importance, and select the high priority issues of
mutual interest to review. The Committee is encouraged to define the issues carefully,
study and evaluate the most promising solutions, and make a recommendation with the
supporting documentation to the Department Head with a copy to Human Resources
and the Union.
(f) The Department Head shall evaluate the proposed solution, make a decision on the
Committee's recommendation, and report back his /her decisions.
(g) The Committee does not replace nor replicate the meet and confer process, and has no
authority to bargain, modify or add to existing provisions. of the Memorandum of
Agreement or other agreements between the Union and the City that are subject to
meet and confer or meet and consult.
27.2 Joint Labor Management Committee — Workload /Scheduling
A Labor - Management Committee ( "LMC ") will meet quarterly during the term of the
MOA to discuss what elements of .the workload or scheduling the public works
department may be modified to reduce the current need for temporary workers. The
purpose of the LMC is to allow SEIU to discuss with City Management any advisory
suggestions, recommendations and ideas. The parties understand that SEIU's and the
City's suggestions, recommendations and /or ideas from the LMC will not be considered
meet and confer under the MMBA so that SEIU's rights under the MCA are maintained
and similarly the City's management rights are maintained. However, in the event that
SEIU and the City reach mutual agreement at the LMC during the term of the MOA, the
parties may enter into a side letter to modify current terms and conditions of
employment subject to the ratification of SEIU members and approval of the City
Council.
28. Complete Understanding
The terms and conditions contained in this MOA represent the full, complete, and entire
understanding of the parties of matters within the scope of representation. This MOA
terminates and supersedes all practices, agreements, side letters, procedures, traditions, and
rules and regulations inconsistent with any matters specifically covered in this MOA. During the
MUA - S. E.1. U. Maintenance Workers . July 1, 2012 through June 30, 2013 26
term of this MOA, any side letter between the parties is required to be signed by an authorized
representative of SEIU and the City Manager or his or her designee.
CITY OF ROHNERT PARK
Gabriel A. Gonzalez, City M ages DATE
By F'
Jake ackenzie, Mayor
Resolution Number:-200 sq
-VAttes
QTnri-e Currie, City Clerk n
Ap�yied Aao VC41 %% II � % /1
iEh &lre Mfarchetta Kenyon, City Attorney
SERVICE EM OYEES INTERNAT AL
UNTO ME I U.) – Loca 021
a1- z
Mr" "tin Av'la, S E.I.U. presentative DATE
Del ei , S.E.I.U. Repr sentative DATE
A/
r"4-Z-- -- o4i —41-11C
E.I.Iy.•Represen $ ative DATE
u1"Carroll, Field Representative, S.E.I.U. DATE
MUA - S.t.I.U. Maintenance Workers . July 1, 2012 through June 30, 2013 27
The following are incorporated in this Agreement by reference:
• Appendix A: Insurance Premium Contribution Rate Schedule 7/1/12- 6/30/13
• Appendix B: Certification & License Program
• City Council Resolution No. 79 -22, adopted February 13, 1979 — Employee Grievance
Procedure
• City Council Resolution No. 80 -140, adopted August 11, 1980 - Permanent Part -Time
Employees' Fringe Benefits,
• City Council Resolution No.2OO7 -178, adopted November 26, 1996 — Alternate Benefit
Program i
• City Council Resolution No. 2001 -270, adopted September 10, 1997 — Catastrophic Leave
Program
• City's Personnel Rules & Regulations
• Side Letter — Reduced Work Week, effective 7/1/12- 6/30/13
MOA - S.E.LU. Maintenance Workers . July 1, 2012 through June 30, 2013
APPENDIX A: Retiree Medical Insurance Table
PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/12 THROUGH 6/30/13
EMPLOYEES "HIRED PRIOR- "TO:JULY°1 1993.;who"retire between 7J1/12 and,,6 /3pJ13 ,
*10 -19.99 years of service for permanently and totally disabled retirees and deceased employee
survivors only.
MOA - S. EL U. Maintenance Workers . July 1, 2012 through June 30, 2013 29
Ongoing .
monthly City
Ongoing
City contribution
Lowest
contribution to
monthly City
formula at time of
Lowest employee-
employee +1
retiree.
contribution to
retirement is:
only premium cost
premium cost at
premium:
retiree premium:
80% of the lowest
at time of
time of
Enroll retiree
Enroll retiree +
cost premium.
retirement
retirement
only,
1, eligible others.
8Q%
$51243
$1, 024:$6
00, E
M
*10 -19.99 years of service for permanently and totally disabled retirees and deceased employee
survivors only.
MOA - S. EL U. Maintenance Workers . July 1, 2012 through June 30, 2013 29
APPENDIX B: Certification and License Program
The purpose of this Appendix is to describe the City's Certification and License Program. The City and the
Union recognize. the value to the City of highly qualified employees and to that end has established a
schedule of stipends for employees that obtain certificate and licenses. There are three designated levels
for stipends:
Level I Stipend: minimum of 7 points 2.6% of base pay
Level II Stipend: minimum of 14 points 4.5% of base pay
Level III Stipend: minimum of 20 points 6.0% of base pay
The certifications and licenses listed below are general descriptions. Some certifications provided by trade
groups may not meet minimum City standards and will not be counted as valid certification. Final
determination of applicable licenses and certifications shall be made by the City Manager or his/her
designee.
Certifications /Licenses
Point Value
OSHA Certified Trainer
3 points
Pool Operator
3 points
Certified Playground Inspector
4 points
HVAC Certified Technician
3 points
Certified Master Mechanic
3 points
Backflow Certification
3 points
Hazwoper Certification
3 points
Water Distribution 1. License
3 points
Sewer Collection 1 license*
3 points
Class A or B Drivers License
7 points
Journey -level Trade Training
2 points
(e.g. electrician, plumber, carpenter)
Water Treatment 1 /Distribution 2 license
4 points
Sewer Collection 2 license*
4 points
Water Treatment 2 /Distribution 3 license
7 points
Sewer Collection 3 license*
7 points
Water Treatment 3 /Distribution 4 license
10 points
Sewer Collection 4 license
10 points
Water Distribution 5 license
13 points
* California State standards are. pending on sewer collection licenses. This license may change based on
final standards and will need to be updated at a future date.
MOA - S.EJ.U. Maintenance Workers . July 1, 2012 through June 30, 2013 30
The City of Rohnert Park and SEIU, Local 1021
Side Letter of Agreement - Reduced Work Week
Effective July 1, 2012 through June 30, 2013
The City and the Union met and conferred regarding options to achieve savings equivalent to a 6.25%
reduction in salary, and the parties agree to the following:
For the period of July 1, 2012 through June 30, 2013, the workweek for non - exempt employees shall be
modified to five (5) seven and one -half (7.5) hour work days, Monday through Friday of each week.
a. Other work schedules may be made by mutual agreement between the affected employee and
the Director of Public Works and Community Services.
b. For the purposes of all benefits provided, the above schedule shall be considered to constitute
full -time work.
c. Each employee shall receive eight (8) hours of holiday leave credit for fixed holidays. The half -
hour not charged to weekly timekeeping shall be banked as holiday leave credits, which may
accumulate during the term . of the contract, and which must be used by agreement between
the employee and supervisor during the term of the contract. If alternate schedules are agreed
upon that include shifts in excess of 8 hours, employees will need to supplement paid holiday
with accrued leave time to account for holiday absences.
For the City:
Gabriel A. Gonzalez, City Manag
Date:
For the Union:
P ul Carroll, Chief Labor Negotiator
Date: c0 — a Z – 20
MOA - S.E L U. Maintenance Workers . July 1, 2012 through June 30, 2013 31
3
37.S hour workweek - 31
A
Additional Shifts - 5
Adoption Benefit - 12
Agency Shop - 18
Alcoholic Beverages or Other Drugs - 21
Alternate Benefit - 11
Americans with Disabilities Act - 10
Annual Leave Program . 7
8
Basic Tool Kit - 19
C
California Family Rights Act - 10
Call Back - 6
Catastrophic Leave - 9
City swimming pools - See Use of City Facilities
Compensatory Time - 6
Coveralls - 15
Death /Bereavement Leave - 12
Deferred Income - 13
Dental Coverage - 11
Dependent Care Assistance Program - 17
Disability Wage Program - See Annual Leave Program
Drugs - 21
Dues Deduction - 18
E
Education and Training - 15
Educational Incentive Pay - 16
Stipend Levels - 16
Eligibility for Stand -by /Call -out - 7
F
Fair Representation - 19
Family Medical Leave Act - 10
INDEX
Fringe Benefit Administration - 9
Funeral Benefit - 12
G
GASB Workgroup • 21
Grievance Policy and Procedure - 22
H
Health Care Tax -Free Dollar Account Program - 18
Hearing Aid Benefit - 18
Holidays - 7
Regular Part -time Employees - 7
Hours of Work - 5
L
Labor Management Committees - 25
Life Insurance - 12
Longevity Pay - 16
Long -Term Disability Insurance - 12
M
Management Rights - 22
Medical Insurance Coverage - 10
Membership - Service Fee • 18
Military Leave - 9
Modified duty - See Light or Limited Duty
N
No Strike Clause - 23
Non - Discrimination - 24
O
Observed Holidays - 7
Off -duty Hours - 21
Overtime -5
Compensation Rate - 5
P
Pay Day - 20
Payment to Beneficiary - 10
Performance Evaluation - 24
Personnel Files - 24
MOA - S.E.LU. Maintenance Workers. July 1, 2012 through June 30, 2013 32
Prescription Drugs - 21
M
Reduced Work Week - 31
Regular Workweek - 5
Retiree Health Savings Account (RHSA). - 15
Retiree, Medical Insurance - 13
Retirement Programs - 17
Safety & Work Equipment - 19
Salary Adjustments - 20
Scrap Metal Fund - 25
SEIU .
Officers - 24
Required Membership - 19
Short Term Disability - 8
Sick leave - See Annual Leave Program
Smoking - 21
Sports Center - See Use of City Facilities
Stand -by Duty Work Assignments - 6
Stand -by Pay
Weekend and Holiday - 6
Weeknight - 6
Stand -by /Call -out Minimum Pay - 6
Succeeding Agreement - 23
Sunglasses - 19
Temporary Alternate Work Schedule - 5
Term of Agreement - 23
Transfer Rights - 25
u
Unfunded liability for benefits - See GASB Workgroup
Use of City Facilities - 22
V
Vacation leave - See Annual Leave Program
Vision Coverage - 11
w
Work boots • 15
MOA - S.E.I. U. Maintenance Workers . July 1, 2012 through June 30, 2013 33
Cite of
ROK NE RT
EMPLOYEE GRIEVANCE PROCEDURE
RESOLUTION NO. 79 -22
TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS ............................................................... ..............................3
SECTION I STATEMENT OF PURPOSE ................................................................. ............................... 3'
SECTION2 DEFINITIONS ................:.................................................................. ............................... 3
SECTION3 SCOPE ............................................................................................. ............................... 3
ARTICLE 11 - INFORMAL GRIEVANCE PROCEDURE ................................... ..............................4
SECTION4 GENERAL .................................. ............................... 4
SECTION 5 STEP ONE — IMMEDIATE SUPERVISOR .................... ............................... 4
.................
ARTICLE III FORMAL GRIEVANCE PROCEDURE ..................................... ...:.:........................5
SECTION 6 GENERAL ................ ............................... 5
SECTION 7 STEP TWO — INTERMEDIATE SUPERVISOR ........................................ ............................... 5
SECTION STEP THREE — DEPARTMENT HEAD ................................................. ..............................5
SECTION 9 STEP FOUR —CITY MANAGER ......................................................... ............................... 5
SECTION 10 STEP FIVE — GRIEVANCE APPEALS COMMITTEE .............................. ............................... 5
ARTICLE IV - RULES OF PROCEDURE ...................................:....................... ..............................6
SECTION 11 COMBINING GRIEVANCES ................................................................. ..............................6
SECTION 12 WAIVING LEVELS OF REVIEW ........................................................... ..............................6
SECTION 13 TIME LIMITATIONS ......................... ................ .................:........... :. 6
..............................
SECTION 14 TIME OFF 6
SECTION 15 PRIVACY ...................... ............................... 7
ARTICLE V - GRIEVANCE APPEALS COMMITTEE ................................... ............................... 7
SECTION 16 COMPOSITION AND SELECTION ....---• .......................................:........ ............................... 7
SECTION 17 ALTERNATE MEMBERS .. ............................... 7
SECTION 18 COMMITTEE PROCEDURE 7
ARTICLE VI — MISCELLANEOUS PROVISIONS ........................................... ............................... 7
SECTION19 CONSTRUCTION ............................................................................... ............................... 7
SECTION 20 SEVERABILITY ............................ ............................... 8
Page 2
RESOLUTION NO. 79 -22
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. City means the City of Rohnert Park.
c. Employee means any city employee, regardless of status.
d. Grievance means a complaint or dispute by an employee, group of employees,
or a recognized employee organization concerning the interpretation or
application of any matter falling within the scope of this grievance procedure.
e. Grievant means the party who has initiated a grievance procedure either
informally or formally.
f_ Immediate Supervisor means the individual who immediately assigns,
reviews, or directs the work of an employee.
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
Page 3
been provided such. as performance appraisals, demotions, suspensions, and
dismissals. Disputes concerning exclusive city rights with respect to mattes of
general legislative or managerial policy do not constitute grievances under this
procedure. The nature of these exclusive city rights are described in Section
3.e. below.
b. A grievance may be initiated by an employee, jointly by a group of employees,
or by a recognized employee organization.
c. Employees who are in units represented by a recognized employee
organization may choose to represent themselves or be represented by the
recognized employee organization at any stage of this grievance procedure.
Employees who are not in a represented unit may choose to represent
themselves or be represented by any layperson or employee organization.
Neither the grievant party nor the city may be 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.
P. Nothing in this grievance procedure shall be construed to restrict any legal or
inherent exclusive city rights with respect to matters of general legislative or
managerial policy, which include among others: The exclusive right to
determine the mission of its constituent departments, commissions and boards;
set standards of service; determine the procedure and standards of selection
for employment; direct its employees; take 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 personnel by which government operations are to be conducted;
take all necessary actions to carry out its mission in 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 employees, 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
and the solution desired. The supervisor shall present an informal, verbal
decision with reasons therefore to the grievant within five (5) working days after
the meeting.
b. Any grievant whose grievance is not resolved to his /her satisfaction may
institute a formal grievance procedure. Such formal procedure shall conform
with the steps and provisions prescribed in Articles III and IV.
Page 4
ARTICLE III - FORMAL GRIEVANCE PROCEDURE
SECTION 6 GENERAL
a. All the formal 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. Each level of management upon receipt of a formal grievance shall notify the
recognized employee organization (if any) which .represents the employees of
the unit from which the grievance originates concerning the 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 employees they represent.
SECTION 7 STEP TWO— INTERMEDIATE SUPERVISOR
a. The grievant may appeal the immediate supervisor's decision by completing
Section 2 of the grievance form and filing it with the appropriate intermediate
supervisor within five (5) working days.
b. The intermediate supervisor shall within ten (10) working days investigate the
grievance, discuss the grievance with the grievant and /or representative as
requested, render a decision in writing on the grievance form together with the
reasons therefore, and return the form to the grievant.
SECTION 8 STEP THREE — DEPARTMENT HEAD
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 9 STEP FOUR — CITY MANAGER
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 five (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 time and place. at which the appeal
will be considered.
c. The Grievance Appeals Committee shall conduct a hearing, and 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.
A complete 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 majority decision of the Grievance Appeals Committee shall be final and
binding unless such decision binds the city to a financial expenditure which can
be authorized only by the City Council. In such case the City Council may
review the record and affirm, reverse, modify, or refer the matter back to the
Grievance Appeals Committee for further hearing. Such action shall be taken by
the City Council only on a review of the record and a finding that the decision of
the Grievance Appeals Committee was not supported by the record.
ARTICLE IV — RULES OF PROCEDURE
SECTION 11 COMBINING GRIEVANCES
An employee shall include all current grievances 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. WAIVING LEVELS OF REVIEW
Any steps in the grievance procedure, other than steps one and five, may be waived when
the grievant or grievants and all levels of management involved in the steps waived mutually
consent to such procedure in writing on the grievance form.
SECTION 13 TIME LIMITATIONS
a. Time limits established by this procedure may be extended or shortened by
mutual agreement in writing on the grievance form by the grievant or grievants
and the level of management/Grievance Appeals Committee involved in that
step.
b. Failure by a grievant to appeal a decision within the time limits prescribed shall
be deemed .a resolution of the grievance, unless the grievant is unable to
appeal for cogent reasons. Failure of management to meet with the grievant or
to render a decision within the time limits prescribed shall justify appeal to 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 at 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
All 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 COMMITTEE
SECTION 16 COMPOSITION AND SELECTION
The Grievance Appeals Committee shall consist of three members. Each committee member
shall serve for two (2) years and until selection of a successor. Committee members shall be
selected as follows:
a. One city employee selected by recognized employee organizations acting
jointly.
b. One city management member selected by the City Manager.
c. One lay chairperson selected.by recognized employee organizations and the
City Manager acting jointly.
SECTION.17 ALTERNATE MEMBERS
An alternate for each of the three (3) principal Grievance Appeals Committee members shall
be selected to serve for the same - period as that of their respective principals. Alternate
members shall be selected in the same manner as principals except that no alternate
member shall be from the same city department or appropriate unit as his /her respective
principal. Alternate members shall serve in the place of their respective principals when the
principal is unavailable, when the principal abstains from serving, and when the principal is
from the same city department of appropriate unit in which the grievance originates.
SECTION 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 SEVERABILITY
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, shall 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
. R
RESOLUTION NO. 80 -140
RESOLUTION OF THE COUNCIL OF,THE CITY OF
ROHNERT PARK.OUTLINING POLICY FOR PROVISION.OF FRINGE
BENEFITS TO PERMANENT PART -TIME EMPLOYEES.
WHEREAS, the Council finds and determines that it is appropriate to extend
Lin fringe benefits to permanent part-time employees who are employed on a
round basis, and
-WHEREAS, the Council differentiates between permanent part -time employees
work year round and seasonal part-time employees who are employed for six
months or less, and
WHEREAS, the Council recognizes the city's obligation as a responsible employer
,rovide the fringe benefits on a pro -rata basis to permanent part-time employees
work year round.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park
It effective immediately the City Manager be and is hereby authorized to extend
Permanent part -time employees who work year round certain fringe benefits subject
the following:
1. Enrollment in the Public Employees' Retirement System (P.E.R.S.)
2. Vacation on a pro -rata basis.
3. Sick leave on a pro -rata basis.
4. Holiday pay on a pro -rata basis.
S. 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 Life Insurance Company -cn a pro-rata basis.
9. 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.
7
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 least
20 hours weekly minimum on a regular basis to get the half -time contribution
towards fringe benefits and employee having to put in at least 30 hours
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 basis
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 500 of the premium payment for fringe
benefits items e through 11.
Employee enrollment in any or all of said health fringe benefits (items
8 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 depe -nts covered.
BE IT FURTHER RESOLVED that the
extending fringe benefits to seasona
for six (6) months or less.
DULY AND REGULARLY ADOPTED this,
AYES: (3) Carbone, Cavalli E
NOES: (0) None
ABSENT: (2 Hopkim, E tewart
ATTEST: 121'"llw,�a�= f7sie� r
�q y ffirms the city policy of not
employees who are employed
iltk day.- o'ir..A_ ust, 1980.
Tempore
Ir
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 Ca1PERS service credit, or for the purchase of supplemental life
insurance and /or any other eligible benefit program approved and
authorized by the City.
3) the City and.eligible, active employees are subject to all applicable laws,
rules and contracts of third parties such as the IRS, CalPERS, and health
insurance providers. Eligibility and continuation of the Alternate Benefit
Program is subject to compliance with applicable laws, rules and
contracts.
. .
BE IT FURTHER RESOLVED that the City hereby establishes this alternate
benefit program effective December 1, 2007 and the City Manager is authorized to
administer said program.
DULY AND REGULARLY ADOPTED this 23`d day of October, 2007.
CITY OF ROHNERT PARK
Mayor
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
RESOLUTION NO. 2001 - 270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE,
ACTIVE EMPLOYEES
WHEREAS, the City has established a system and pool whereby employees of
the City of Rohnert Park may donate and use vacation hours to alleviate financial
hardship in catastrophic circumstances; and
WHEREAS, the City wishes to expand the program to include the donation of
compensatory -hours; and
WHEREAS, the City agreed in the meet and confer process with employee
groups to establish a Catastrophic Leave Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Rohnert 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 11th day of December, 2001.
CITY OF ROHNERT PARK
CITY /Mavnr
C. .
• RESOLUTION NO. 2004 - 299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING REVISED PERSONNEL RULES AND REGULATIONS
WHEREAS, the City Council initially approved Personnel Rules and Regulations
on April 11, 1966 with the rules and regulations being presented as City Manager's
Administrative Policy No. 1; and
WHEREAS, the City Council approved revisions to the Personnel Rules and
Regulations on April 25,1983,- and
WHEREAS, the City Council approved further revisions to the Personnel Rules
and Regulations on November 12, 1991; and
WHEREAS, the existing Personnel Rules and Regulations require updating to
be in compliance with current state and federal law; and
WHEREAS, the City consulted with McDonough Holland & Allen, the law firm
representing the City's legal interests, to provide recommendations on drafting revised
Personnel Rules and Regulations compliant with existing state and federal laws; and
WHEREAS, revisions are proposed to the existing . Personnel Rules and
Regulations to .ensure legal compliance, provide greater direction to City employees
regarding the City's personnel policies, and include policies enacted by the City
Council since 1991, and y
WHEREAS, the revisions have been discussed with the employee organizations
as required by the meet and confer laws of the State and the revisions have received
approval by the employee organizations; and
WHEREAS, the City Council has been presented the revisions to the Personnel
Rules and Regulations and has found them satisfactory_
NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park City Council th
the Personnel Rules and Regulations presented as revised and dated November 9t
2004 are hereby approved.
DULY AND REGULARLY ADOPTED this 9`h day of
ATTEST:
Deputy City Clerk
III MACXE,14 ,: ABSENZ' SPRADLIN: AYE
-'IOAK- MARrINUZ AXE NORDIN: AYE
AYES: (4) 1►OE9: (0)
ABSENT: (1) ABSTAIN: (p)
- ?ufvz>
and Rootliatior)F
19,
WIN
..........
...............
"-%, 'A- F 0
. 6.2
CITY MANAGER'S
ADMINISTRATIVE POLICY NO. 1,
PERSONNEL RULES AND REGULATIONS
NOVEMBER 9, 2004
CITY OF R01 lNr- R-1 PARK
Personnel Rules -3n(l Rla Page i of 39
, egutions
CFI Y O R01-11d1 Fl PARK
Personnel Rules and Regulations
TABLE OF CONTENTS
SECTION -1
- INTRODUCTION .........................
...........- ... - -- .........PAGES 3 - 5
SECTION 2
- PAY PLANS AND COMPENSATION.. ................... .............
........... ...PAGES 5 - 8
SECTION 3
- BENEFITS ..... ..... ...... ....................
--- - - -. -- ........PAGES 8 - 20
SECTION 4 -
-- IN -HOUSE RECRUITMENT - ------- ------ ------------ - - - - -•
.. ...PAGES 20- 21
SECTION 5-
RECRUITMENT PROCESS ............ ....... .. .. .. . . ._ -._ ..........................
.- ..... PAGES 21 - 27
SECTION 6 --
SEPARATION AND REINSTATEMENT---- ---------------------------
-- ---- ------ -- --- -- -- - - -- -----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
PESO 93 -38
- AGAINST HARASSMENT
RESO 99 -01
- ELECTRONIC MEDIA USE
RESO 91 -192
- ANTI -DRUG POLICY
RESO 87 -117
- DEPENDENT CARE ASSISTANCE PROGRAM
RESO 00 -10
- EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF
2004)
RESO 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
CITY OF ROI-INERT PARK Page 2 of 39
Personnel Rules and Reyulaiions
CITY'01" ROHNERI PARK
,'Personnel Rules and 12egul:,liorrs
SECTION 1 - )NTRODUCTION
A. t'!U)ose The City Man<rrler, as Personnel Officer for the City or liislher designee, is charged with the
responsibility of the City's personnel practices. In order to esfal.Nisll <lr, e�ctuitable and uniform procedure lore
dealing with personnel matters and to altract to municipal service the best and most cornpetcrnt 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 clr. alified employees,
established. the following rules and regulations are
Q. Coverage These rules and regul<3hons apply to -A offices, all regular full -time ernployees, regular part
time employees, and ,ill positions and ernploymenis in file service of the City, except;
1. Elective officers in the performance; of their electi
Commissions and cornmitees.
ve; duties anti Members of appointed boards,
2. Persons engaged under contract to supply expert, professional, technical or oilier services
3. Vohrnleer personnel, such as volunteer auxiliary firefighters and public safety reserve officers.
4. City Manager and City Attorney.
5. Probationary employees, excerpt as expressly provided herein -
6. Limiled Service iersonnel (ire. temporary or seasonal employees employed by the: City not more than
six (6) months during the fiscal year for special purposes).
7. Part -time employees paid by the hour or day who do not meet the definition of regular part -time
employees.
C. General Provisions -
1. The City expressly prohibits discrimination in employment on the basis of race, religious creed, color,
national or ethnic origin, ancestry, menial or physical disability, medical condition, marital status, sex,
sexual preference, political opinion, political affiliation or on [lie basis that an individual is age forty (40)
or over, or any other basis protected by federal, state or local law.
2. An employee's work performance will be evaluated by their immediale supervisor or the supervisor's
designee at least once a year on a form prescribed by the Personnel Officer. Supervisors will discuss
their evaluations in full with each employee, outline goals and expectations, and point out where the
employee has clone an outsta'Wing job and suggest ways in which job performance can be enhanced.
3- All regular appointments include a probationary
period
months for miscellaneous employees, not less s than stTwenty- foure(24)omonths not ls forlamanagement twelve (12)
employees, not less than eighteen (18) months for dispatch employees, and not less than eighteen
(1£3) months for Public Safety sworn employees_
a. Promotional appointments include a probationary period of not less than six (6) months for non -
supenrisory employees and twelve (12) months for supervisors for
management
classifications).
I. Employees must be physically and mentally able to perform the essential functions of the job, with or
without reasonable accommodation.
CITY OF ROIINI:RT PARK
1='ersonnel Rules and Regulations Page 3 of 39
CITY OF ROHNER-T PARK
Personnel Rules and Regulations
a. The City reserves the right to amend these rules and agrees to meet and confer will) representatives
of recognized employee organizations on those changes that are within the scope of representation.
6. Nothing herein prevents or restricts the City's right to contract for performance of expert, professional,
technical or any other services.
7. Nothing herein prevents or restricts a Supervisor from issuing departrrrentat rules, policies of
regulations needed for the efficient operation of a City department.
8. "The definitions applicable throughout these rules are sel forth in the attached Glossary and are hereby
incorporated by reference.
D. Bargaining 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 Bala, including marital status, family members, educational and employment history, or similar
information, medical history, election of employee benefits, and employment advancement, appraisal, or
discipline.
1. The City maintains personnel files for all employees which contain all records, files and documentation
used to determine the employee's qualifications, performance, promotion, additional compensation, or
termination or other disciplinary action.
a. Each employee must promptly notify the Human Resources Department of any changes in
relevant personal information, including but not limited to; mailing address; telephone number;
name(s) of dependent(s); and persons to contact in an emergency, along with contact
information.
b. Personnel files are deemed confidential unless the employee consents to a disclosure in writing
or the City is required to disclose such material by law, City personnel have access to
confidential personnel files only on a "need to know' basis for legitimate business reasons.
2. The City maintains a confidential file for 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 law (e.g. the California Confidentiality of Medical Information Act and the federal
Health Insurance Portability and Accountability Act ( "HIPAA" ). City personnel have access to
confidential medical files only on a "need to know" basis for legitimate business reasons.
3. All inquiries from outside agencies, firms, or individuals concerning personnel will be referred to the
Human Resources Department for handling and response. This includes, but is not limited to,
inquiries concerning employee performance or evaluation in connection with new employment
opportunities and employment verification checks for financing purposes. 'This procedure applies to
both former and present employees.
a. Absent a written release from the employee, the Human Resources Department provides only
dates of hire and termination, position title, and pay range.
b. information disseminated to inquiring parties will be extracted from the personnel files in the
Yuman Resources Department_ The City's written response to inquiries will be made a part of
the employee's personnel file and will be available for his /her scrutiny.
CITY OF ROt INERT PARK page A of 39
Personnel Rules and Regulations
CiTYOV ROHN] -_rrl PARK
Personnel Rules ..end Re( tlf:,tions
Any employee who wishes to review his or her personnel records :should Contat :l the E luman
ilesources I)claarl,nent and set cap an appointment aj a mutually agreed upnn time - The review must
be done in the present :e of the I lurnan fResocirces Assistan.t or his /her designee at the location where
the file is stored and at no loss of compensation to [tic ernployce. An employee m ly request a copy of
any c >mploymerit- related document that he /she has signed This subsection does not apply to those
employees covered by tale Public Safely Officr;rs' Procedural f3iR of Rights (Government ds no Code §330e
et seq.)
a. An employee is not entitled to inspect records set forth ire Labor Code section 11913 -5(d) as it may,
frorn time to time, be, amended. Impact records relating to the investigation of a criminal offense
Or letters of referent :e -
b. An employee is not entitled to inspect complaints, or investigation of complaints, concerning an
event or transaction in which the employee was involved or participated to the extent that the
diSCIOSUre pf such information would constitute an unwarranted invasion of personal privacy.
5. Employees have the right to respond in writing to any evaluation report Placed in their personnel file.
Such responses must be submitted within thirty (30) calendar days of the evaluation interview and will
be included in the personnel file: records.
F. Destruction of Records - The employee personnel records are considered a permanent record and all
personnel file documents are reaained by the City for the duration of the employee's period of employment
and for any subsequent period required by law.
a. The records of former employees are retained
Resolution 90 -.161. in accordance will' tile schedule established in
b. Shredding destroys personnel records that have reached the time limit established in Resolution
J0 -161.
SECTION 2 - PAY PLANS AND COMPENSATION
A. Classification Plan -
1. Creation of classifications. The City Council, upon recommendation by the Personnel Officer, shall
create a classification plan for City employees. Each position shall be allocated to a class identified by
class title_ Positions shalt have the some class title when they conform to tf�e same specification or
where the positions' descriptions are sufficiently similar as to qualifications, educational requirements,
responsibilities, level of supervision, and other characteristics -
?. Specification of classes. A class may. include more than one position. Each class will have a
specification, which includes: a concise, descriptive title, a brief definition, a description of the essential
job duties and responsibilities, a statement of special requirements, and a statement of desirable
qualifications.
3. Reclassification. The Personnel Officer is responsible for reviewing the duties and responsibilities of
positions and recommending to the City Council the creation of new classes and the abolition of
existing classes. 'The Personnel Officer shall review classifications and make determinations in the
following situations:
a. tlpon the recommendation of the Supervisor or upon the request of an employee, the Personnel
Officer has the right to reallocate a position to a different class whenever its duties change
ma ►eriatly, provided the reclassification can be accomplished within budget limitations_ The
Personnel Officer has the discretion to determine when the duties have materially changed which
CITY OF ROHNERT PARK
Personnel Rules and Regulations Page `i of 39
CiTY OF ROHN%RT PARK
Personnel Rules and Regulations
warrant a reclassification. To process reclassifications in a tirnely manner, the following process
will be followed:
Supervisor or employee submits a request of reclassification to the Human Resources
Department.
ii. Within fifteen (15) working clays, the Human Resources Department makes an initial
determination whether [tie employee's ongoing job duties and responsibilities warrant a
position reclassification. Once completed, [lie Human Resources Department forwards its
recommendations to the Personnel Officer_
iii. Within fifteen (15) working clays [lie Personnel Officer affirms or modifies the Human
Resource Department's recommendations. As a general guideline, the Personnel Officer
will provide the following conclusions to the employee and his or tier supervisor: re- assign
work duties so the employee is no longer working outside of classification, appoint employee
io 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 Julies of a position so change that no appropriate class for it exists, the Personnel
Officer must prepare an appropriate class specification for it and submit it 10 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 Ranges Plans and Compensation -
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 flat rate or salary range
for each class.
2. Changes to salary ranges. When the City Council changes a salary range for a class, all employees'
salaries in the class will be adjusted to the corresponding step in the new range.
3. Transfer to another class. An employee whose position is moved from one class to another class
that has the same salary range. does not receive a change in salary. When an employee is moved
from one class to a class with a higher maximum salary, the employee's salary in the higher class will
be the minimum salary for that class, unless that minimum is lower than, or the' same as, the
employee's salary at the time of the move. In that event, the employee will receive the next higher step
within the pay range of the higher class. Employees receiving a promotion will receive at least a 5%
increase in salary unless limited by the salary range maximum. The new review date for promoted
employees is the date of promotion or in six (6) months if the employee in placed at Step A-
4. Demotions. 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 within the range of the class to which the
employee has been demoted. In this event, the employee's anniversary rate will be the same as the
effective date of demotion for purposes of conducting performance reviews and making corresponding
salary adjustments. The employee's original hire date will continue to determine his or her eligibility
for other types of benefits and leave accruals.
5. Reclassifications. An 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
maximum 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 {)1 Roth rrt"r PARK
Pc>rsoonel Rules D?')d Regulations
employee will continue to receive his /her present salary until such titTle as the maximum salary for the
class exceeds his /her rate of pay.
C. K1111?_Ioyee Performance Review andlor Evaluation - The performance evaluation, process is intended to
improve Productivity and foster cornmcrnicativn between supervisors and employees. Evaluations should be
f;vnducted at least annually in accordanre with fire schedule set forth for that employee's job classification
and should be based upon pvsilion -s ecific
must indicate clearly whether overall performance u er or�tsatisfa�tQ work standards. l he evaluation
process must provide for employee feedback and face-to face cornmunictory, oReubst odar The, review
review will be utilized to determine employee's training and development needs. performance
1. Salary adjustments. [Results of the employee's current
salary adjustments on the employee's anniversary da�erf Employees review
hos 1l work Sfmrforcman determine
satisfactory will be eligible for advancement to the next higher ste
the salary range. Employees who receive a less than. satisfactory rating may not be eligible for a
p (not to exceed the maximum) of
S; advancerrrent on their anniversary date.
�. Employee review and response. Employee will be provided with a co
evaluation twenty -four (24) hours prior to the evaluation interview copy °f his/her performance
respond in writing to the evaluation report should they so desire_ Said responses should bersubmitted
to the reviewer no later than thirty (30) days after the evaluation interview. Contents of an employee's
performance evaluation are not subject to the grievance procedure_
Copies kept in personnel file. The employee's complete, original, and signed p
c- ;valuation -- including any written comments provided by the employee - is filed in theemPyee's•
Official personnel file kept in the Human Resource Department.
D. Pay Per iod.- The pay period for all employees is bi- monthly on the 15th and the last clay of the month.
When the 15"' or the last day of the month fails on a weekend or holiday tile
Prior Friday. All paychecks are to be distributed to the departments and e'livered to the employee bylnoon
on the 1 51 h or' the last clay of the month-
1 - Timecards, All employees are required to keep a timeca rd and accurately record all hours worked.
a. FuU -time employees. Regular full -time employees will be paid for the prior two -week period
worker).
b. Part -time employees. Regular part -time and hourly part -time employees must submit their
timecards to the Finance Department on the r' and 201" of the month and will be paid the
following payday for the lime submitted.
Direct deposit. Any employee wishing to have their Paycheck directly deposited may do so by
contacting the Finance Department and filling out the required documents.
CITY Ox- ROHNERT PARK
Personnel Rules and Regolations Page 7 of 39
CITY OF ROt 1NE RT 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. All 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 outline of certain
employment conditions for non - represented employees, compensatory time off may be chanted 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.
7. Approval of overtime. Employees must obtain pre - approval before working any overtime. -The
Supervisor will authorize such overtime work and will notify the Personnel Officer upon such
authorization. The Supervisor is responsible for arranging his /her department so that compensatory
time off can be taken.
2. CTO for exempt employees. Management employees and any bona fide exempt personnel will
receive administrative leave, as qualified under FISA, 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 it to the appropriate immediate supervisor.
3. City reserves the right to pay overtime in lieu of accruing CTO_ At the discretion of the City,
certain personnel may be paid for all or a portion of overtime worked in lieu of accruing CTO- The City
can elect to pay employees for overtime worked if it is determine(] that an employee cannot
reasonably take the CTO without hindering the performance of essential City functions.
d. Pay -out of accrued CTO_ The City retains the right to pay out unused CTO at all times selected by
the City- The current memorandum(s) of agreement or outline of certain conditions of employment will
reflect accrual information, time, and manner in which any payment for unused compensatory time will
be made.
5- Payment upon separation. Upon separation, all employees will be paid a lump sum for all
outstanding approved and accrued compensatory time and /or administrative leave.
6. Use of CTO- Employees who wish to use CTO must obtain prior authorization of their Supervisor or
Department Head. The City's policy is to permit the use of CTO within a reasonable period after the
request for use is made. Use of CTO on (lie specific dates requested by an employee will be
permitted as much as reasonably. practicable taking into account the operational needs of the
department. To facilitate scheduling, employees are encouraged to provide as much advance notice
as possible of the dates they desire to use CTO.
SECTION 3 - BENEFITS
A. Holidays -
Scheduled holidays. The City Council establishes the holidays to be observed by the City for each
calendar year, subject to modification by any applicable MOA. Generally, the City observes as
holidays those days proclaimed by the President of the United States, the Governor of the State of
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 shall be observed on the
preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday. if
a holiday falls on an employee's regularly scheduled day off, the applicable memorandum of
CITY OF ROHNERT PARK Page 8 of 39
Personnel Rules and Regulations
(:rrY'OF ROHIVERT PARK
I'r!rsonnel Rules and Regulations
agreement will determine whether the ernployee is paid holiday pay or cJiverl (:ompensatory tune oft. II
any outline of conditions of employment or m(>morandum of a,yeernent conflicts will, Ihi> subsection,
the provision of the conditions of enlploymenl or rnranorandum of agreement will prevail.
3- Holiday pay_ lRegular full -time and regular part-time ernployees are erltifle(1 to rer;cive time off with
Pay at their regular rate of pay for the holiday. Regular earl -time employee ri:c( ive eilhe:r ;i0" /� or
scheduled of the trwork. pay its determined by the number of hOUrs per weak the employee is normally
scheduled to work. An employee who resigns may not select a holi(Lly as the employee's last day of
employment.
4. Required work on holiday. An employee whose Job performance is essential to maintain public
services may be required to work on a holiday. In such Cases, the applicable MOA will specify the pay
and /or benefits received for the work performed on holidays.
B. Vacation -
Vacation policy. All regular full -time and regular part -lime employees are entitled to vacation time off
work with pay. Eligible regular part -time employees accrue vacation at the rate of 0� /„ or 75% of the
allotment established for full -time ernployees as determined by the number of horns the part-time
employee is regularly scheduled to work. Eligible employees will accrue vacation frorn the date -of -hire
but may 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 reques!
vacation. This vacation policy is subject to modification thro a scheduled
employees. ugh an applicable MOA for represented
2. Vacation accrual. Vacation accrues for regular full -time employees according to the following
schedules established in the applicable MOA's or Outline of Benefits for the Managernent and
Confidential Units.
3. Use of vacation. An employee's scheduled vacation nnrst be approved by his /her supervisor. The
smallest amount of vacation time that may be used is % hour (15 minutes). An in(fividual may have
unused annual vacation leave carried over to the following*. calendar year- If rnaxirnum accrual is
reached, further vacation accrual will slop. 1 When the employee uses paid vacation Time and brings
the available anlountbelow the cap, vacation accrual will resume at the regular monthly accrual The
City may make an exception to the vacation accrual cap in extraordinary circumstances where, due to
the requirements of City service, an employee is required 10 forego.a vacation during the particular
calendar year. in such cases, the affected employee may apply to the Personnel Officer to increase
his or her vacation cap by the number of days the employee was not permitted to take as vacation
days. The Personnel Officer may, in his or her sole discretion, grant such requests from lime to lime.
4. Vacation at termination- Upon termination, an employee shall receive a lump Slrm payment for file
balance of accrued vacation hours. Payment for unused vacation shall be made at the rate of pay in
effect for such employees at the time of termination. When termination is caused by Ille death of the
employee, pay for unused vacation shall be paid to the same beneficiary the employee has
designated for Life Insurance benefits- Beneficiary designation otherwise, shall be in writing, signed
by the employee and 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 shall be holiday
he /she shall not be paid or charged for vacation - This holiday y P` r and
an applicable MOA for represented employees.
y Po1r<:y is subject to modification through
CITY Or ROiiNERT BARK
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6. illness during vacation. If an employee becomes ill or is injured while on vacation, the time off will
still be counted as vacation time and not sick lime.
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 -
Eligibility. Regular full -lime and regular pail -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 shall be accrued in accordance with the applicable MOA's or Outline of Benefits
for the Management and Confidential Units.
3. Use of sick leave.
a. To qualify for sick leave, the employee must report his /her illness or injury to his /her supervisor at
the beginning of any sick leave period and daily thereafter unless otherwise arranged. The
supervisor may require a written statement from the employee's health care provider verifying
that the employee is or was incapacitated ancf unable to perform his /her duties. Any absence of
five (5) days or more for sick leave will require a certification from a health care 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 appointments provided, however,
that such leave time may be limited to four (4) hours in any one working day at the employee's
supervisor's discretion.
d. An employee requesting to use paid sick leave must specify whether the use is for personal
illness or to care for a family member. In the event that an employee exhausts his /her paid sick
leave, he /she may be entilled to additional unpaid leave under the Family and Medical Leave
Policy.
e. Any employee who is absent from work on sick leave shall not engage in work or other activities
at any time that would be in conflict with the inability to report for work and to perform the duties
assigned. If an employee violates this policy, appropriate disciplinary 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) calendar days.
5. Accumulation. Accrued sick leave may be accumulated to the limits described in the applicable
Memorandum of Agreement.
6. Sick leave and Workers' Compensation disability payments. An employee receiving temporary
disability payments under the Workers' Compensation Laws, may use accumulated sick leave in order
to continue to maintain hisiher regular income. Under such circumstances, the employee shall 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.
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D- Bereavement Leave -
1. In the erase of death within the irnmediate f�)rnily of an employed, lire employee be entitled to
three (3) clays of paid leave. Ar, additional two (2) days of sick or vacation leave, may be taken upon
approval of IY,e employee's :; upervisor if the employee rnU:>t 11vr;l curt of the arch (at least '1.50 miles
one way)
2. Immediate family in this case means. spouse, domestic partner, father, father-in -law, mother,
rnotf)er -in -law, brother, brother -in -law, sister, sister -in -law, child (including stepchildren
aunts, uncles, grandparents, grandparent -in -taw, grandchildren and relationships in loco parentseand
close personal relationships, with thrr approval of the City Manager or his /her designee.
The erployee's supervisor may require proof of deal[, of
faking bereavernent leave. the person(s) for wlronr the employee is
E. Military Leave -
1_ Eligibility. The City grants military leaver to all employees for service in the uniformed services in
accordance wiN� federal and stale law.
2. Notice. The employee rnusl notify his /tier supervisor of upcoming military duly at soon as he /she
becomes aware of his /her obligation and Provide a copy of his /her military orders.
3. Compensation: Employees on temporary military leave will be paid (heir normal salary for the first
thirty (30) calendar days while engaged in the performance of ordered military duty. pay for such
Purposes shall not exceed 30 days in each fiscal year. If the
days, t employee's military leave exceeds thirty
he City will continue to . pay the difference between the employee's normal salary and the total of
his /her military compensation 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 California. In such
cases, the employee shall submit his /her military earning statement to the Finance Department,
Payroll Office to assist in calculating the employee's salary. In no event will the employee be
compensated in excess of his /her nouns) City salary. All other military re
)cave is unpaid except where
necessary to. maintain exempt status under the Fair Labor Standards Act. Employees may elect re
use any other accrued paid leave time (e.3. vacation) during unpaid military leave: to
Employees will receive any merit and /or general salary increases for which they become eligible
during military leave.
4. Benefits.
a. Health insurance. All health insurance benefits will remain in place white the employee is in a
Paid military leave status as indicated in Section 3 above. For employees in a non -pay status, all
health insurance benefits will continue for a period of 12 workweeks on the same terms and
conditions as if the employee were not orz a leave of absence. -rhe 12 workweeks would be
calculated based on the beginning of non -pay status. Thereafter, the employee has the option to
continue his /her health plan benefits, at the employee's expense, for up to eighteen months.
For employees both in a paid and unpaid status, the benefits shall be provided in accordance with
the City's applicable agreements, outlines, rules, policies and procedures and all state and
federal laws. Such benefits may be subject to individual plan provisions.
b. Pension plan benefits. During any period of paid leave, the City will employee contributions to CaiPERS. Additionally, employees returning from the employer and leave are
entitled to pension benefits that accrued during military service and to any Ca►PERS contributions
CITY OF ROHNERT PARK
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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 M the rate the employee
would have .attained if the employee: had not taken military leave.
d. Seniority. Employees returning from military leave are entitled to the seniority and other rights
and benefits determined by seniority Ili-Lit they would have attained with reasonable certainty had
the employee not taken a military leave.
;i. Reinstatement. E=mployees will be reinstated in accordance with all applicable. laws. Upon
completion of military leave, the erployee is required to furnish the Human Resources Department a
copy of his /her military separation docurnent_ Reinstatement will not be decried or delayed if the
information doe" not yet exist or is not readily available, however, the employee is required to provide
the inforrnation 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 employee must report for reemployment at the
beginning of the first regularly scheduled workday that would fall eight hours after he or she
reiurns home, unless reporting within such time frame is impossible and then the employee must
report as soon as possible.
for military leave of more than 30 days but less than 181 days, the employee must report .for
reemployment within 14 calendar (days following completion of service, unless reporting within
such time frame is impossible and then the employee must report as.soon as possible.
c. For military leave greater than 181 days, the employee must apply for reemployment within 90
days of completion of the service.
F. Family And Medical Leave -
I. Eligibility. Family and medical leave ("FML ") shall be granted in accordance with the provisions of
state and federal law. All employees who meet the eligibility criteria stated in this policy are entitled to
take an unpaid FML.
To qualify for FML, an employee must have been employed by the City for a period of twelve months
and have worked for at least 1250 hours during the 12-month period immediately preceding the leave_
FML may be granted for the following reasons: (1) the birth of a child to an employee or placement of
a child with an employee in connection with the. adoption or foster care; (2) to care for a child, parent,
spouse or domestic partner who has a serious health condition; or (3) for the employee's own serious
health condition that makes the employee either unable to work at all or unable to perform one or more
of the essential functions of the position assigned.
2. Amount of FML. Eligible employees are entitled to FML totaling twelve (12) weeks within a 12 -month
period. The 12 -month period within which the leave must be taken begins on the date the employee's
leave begins and concludes 12 months after that date. This leave .shall be concurrent with any
disability leave associated with pregnancy, childbirth, or related pregnancy conditions as provided in
the City's Pregnancy 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 reduce(] leave schedule. "Intermittent leave" is leave taken in separate
blocks of time due to.a single event, rather than for one continuous period of time, and may include
periods of not less than 114 of an hour and tip to several weeks. The City may require an employee
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Personnel Ruder and I2cgulalions
who is on a reduced work schedule or intermittent leave to Kernporarily transfer to an alternative
Position, with the same pay and benefits, if the alterjlative position better acaxnrnUdates the required
work schedule than the employee's usual position_
4. Notice of leave. An employee mu st provide at least thirty (30) days advance written notice of the
need for f =full_ whenever possible. If thirty (30) days notice is not possible, the employee must give
notice as soon as possible. If the employee tails to give thirty (30) days advance notice for
foreseeable events without any reasonable excuse for the delay, the City reserves the right to
Postpone the leave urriil al least thirty (30) days after the written notice was received.
5. Statement of health care provider. WI1en the leave is for a serious healtPr condition, a health care
Provider must provide written certificaliorl to support the re(lucst for leave. The statement for re an
employees serious hC rtlh condition shall specify the commencement date of the event which prevents
the employee from performing the (.unctions of his /her position, the anticipated duration of the leave,
and a statement that the employee is unable to perlorm the essential functions of his or her position.
'Tile statement for the employee to allend to a family member shatj state the (fate of commencement of
the serious health condition, the probable duration of the condition; an estimate of the amount of time
that the health care provider believes the employee needs to take in order to care for the family
member, and that the serious health condition warrants the participation of the employee.
If the FML request is for the employees own serious health condition, the City +rr<iy 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 110E be one who is employed on a regular basis by the City_ If the
obtain opinion differs from the first opinion, the City may require, at its expense, that the employee
obtain a third opinion by a health care provider approved jointly by the City and the employee. The
third opinion shall be considered final and binding on the City and the employee.
A new statement from a health care provider may be 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 employee'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 aid
leave time does not extend the 12 -week maximum leave time. p
7. Insurance benefit premiums during FML_ An employee is eligible for 111e same insurance benefits
and premium payments for each benefit (luring 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 he or she may do so at his or her expense, at the City's group rates. The employee must
arrange for payment of his /her premium contribution, in advance. A lapse in insurance coverage will
occur if a premium payment is more than 30 days late:.
8. Other benefits during FML. 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, and other benefits to the same extent that the employee would accrue those benefits
if not on FML Employees on FML are not eligible for
holidays that fall during FML holiday pay W9. paid for holidays worked) for
9. Reinstatement. Except as provided in Section 2.1.3.7, an employee who takes FMI_ shaft be eligible
for reinstatement to the employee's former position at the former rate of pay_ However, if the position
CITY OF ROHNFRT PARK
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is not available due to business necessity, the City may instead offer the employee a job that is
comparable in terms of pay and duties An employee retains the same right to employment 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 erployment 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 field 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 (10 %) of all City employees as determined
al the tirne of the request for leave.
11. Statement regarding return to work. If the employee takes I-ML leave for his or her own serious
health condition, the City requires a statement by the employee's health care provider that the
employee is fit to return to his /her 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 law or an osteopathic
physician's and surgeon's 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 "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
G. Pregnancy Disability Leave -
Eligibility. Any employee who is disabled from working due to pregnancy, childbirth or related
medical conditions is eligible for Pregnancy Disability Leave (PDL).
Amount of PDL_ PDI_ will be allowed for the period of disability but not to exceed four (4) months (88
working days for full -time employees and pro -rata for part -time employees). PDL may be taken on an
intermittent or reduced hour basis when determined medically advisable by the employee's health care
provider, e.g., for morning sickness, prenatal doctor's appointments. Tile 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
alternative position better accommodates the required work schedule_
3. Notice of PDL. Whenever possible, an employee must provide at least thirty (30) days advance
written notice of the need for PDL. If thirty (30) days notice is not possible, notice muss be provided as
soon as possible.
4. Transfer privileges. Employees who are pregnant or have a pregnancy- related medical condition
may request.a transfer to a less strenuous or ha2ardous position or 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 employee will receive file pay specified
for the alternate position and /or duties.
5. Statement by health care provider. An employee requesting PDL shall provide the Human
Resources Department with certification from her health care provider stating the anticipated delivery
date and 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
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A health care provider's statement must be subrnitled verifying the need for prec:dnancy disabitity leave
or for transfer, stating the following:
a. The (late orr which the employee became dist: bled (h,e to Pregnaruy, childbirth or related medical
condition or the date on which tare need for a transfer becarne rnedicafly advisable;
b. lheprobable duration of the period or periods of disability or the need for irairsfer, and
C. A statement that, titre: to the (disability, the employee is unable to perform one or more of the
essential functions of her position without undue risk to herself and, the sticcessful completion of
her pregnancy, or that transfer is medically advisable.
A new statement Tway be required if the eniploy(�e requests an extension of tinte beyond that
specified in the ori(}inal statement.
Any changes in the information contained in the health care provider's stalernenl roust be
promptly reported by the employee to the I-iurnin Resources Department,
6. Use of accrued leave while on pregnancy disability leave. An employee may use any combination
Of accrued paid leave (luring the duration of PDL. The substitution of paid leave (foes riot extend the
maximum length of a PDL
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 City's group rates. The employee must arrange for
payment of the premium contribution in advance_ A lapse in insurance coverage will occur if a
premium payment is more than 30 days tale.
8. Other benefits during PDL. During any portion of PDL for whictr an employee substilutes other paid
leave benefits, the employee will continue to accrue paid leave benefits (i.e., sick leave, vacation
leave), seniority, ano other benefits to the same extent that the employee would accrue those benefits
if not on PDL Employees on PDL are not elig
holidays that fall during the PDt_.
ible for holiday pay. (i.e. pay for holidays worked) for
9. Reinstatement. An employee who takes PDL shall be eligible for reinstatement to her former position
at tier former rite 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 (Juties.
If an employee fails to report to work promptly at the end of PDL, the employee will be assumed to
have abandoned her employment unless additional leave has been approved.
10. Statement regarding return to work_ The City requires an employee returning from PDL to provide
a statement from a health care provider that certifies the employee's fitness for duty.
11. Other work. The City shall take appropriate disciplinary action if it determines that an employee has
engaged in other work during a PDL that is inconsistent with the employee's 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 certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person who
meets the definition of others "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
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H. Work - Related Iniury And Illness Leave -
Eligibility. All City employees are covered by Workers' Corrrpensation Insurance. All regular
employees are eligible for industrial sick leave as provided in the current applicable memorandum(s)
of agreement.
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 Workers' 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 Fluman Resources Deparlment. An employee
who fails to promptly report a work - 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 cinder the
Workers' Compensation Law will receive the arnount as provided by that law.
4. Salary continuation integration with accrued leave. Employees receiving temporary disability
payments under the Workers' Compensation Law may elect to use accrued paid leave benefits at the
same time they are receiving temporary disability, but only up to an amount which, when combined
with temporary disability payments, does riot exceed one hundred (100 %) percent of the employee's
normal salary- Accrued leave hours shall be charged. to the extent of wages paid by the City to the
employee.
5. Termination after work- related injury or illness. Unless otherwise prohibited by law, an employee
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 result of a work - incurred injury
or illness shall retain his /her anniversary date_ An -employee who has not completed the probationary
period is ineligible for certification to regular status (luring leave for a work - related injury or illness and
the date for completion of the probationary period will be extended to reflect the amount of time absent
on such leave.
1. Witness Duty -
An employee who is required to appear as a witness or to otherwise participate on behalf of the City in any
judicial or administrative proceeding shall receive pay as though at work for time spent in the proceeding.
The employee must remit any witness fees received to the Finance Department, Payroll Office.
An employee subpoenaed to appear in a proceeding in which the City is not a party shall be granted leave
without pay during the time required for that appearance, except where necessary to maintain the
employee's exempt status under the Fair Labor Standards Act. The employee may use accrued vacation,
administrative leave or compensatory time for this purpose_
J. Jury Duty -
All regular and probationary employees called to jury duty will be granted a paid leave. A copy of the jury
summons must be given to the Human Resources Department. The employee shall receive full pay for the
time served on jury duty, provided the employee remits to the City all fees as soon as received by the
employee for such duties. Compensation for mileage or subsistence allowances shall not be considered as
a fee and shall be retained by the employee.
CiTY OF ROHNERT PARK Page 16 of 39
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All other employees will bd granted 1(�ave without pay except where necessary to rnainlairr the employee's
exempt sliltus "ruder lhd Fair I -abor Standards Act.
11 a +r e>nrp10yee is req(rirecJ to report to jury dirty within 2 hour;, of the scheduled start of the: workday, the
employee i:; not required to ref.rort to work <?t the start of Ihd workday, but sh.rll ref,ort (irec:Uy to jury (July. !f
an employed is rc krased from jury duty wilh more ihan one half of hi;; /her workday to jury in<j, the
ernptoyee is required to report lO work to cornplete the reilularly schedule(j workday.
K. Unpaid Administrative Leave -
1. Eligibility. Upon written request of an employee, the Personnel Officer may approve in writing an
unpaid leave of absence without pay for a period not to exceed six (6) months.
2. Reason for leave. Unpaid Administrative Leave will be r.Jr<lntdd for the following purposes'
r.r. School visit leave. An employee who is a parent, grandparent, or duly appointed guardian with
custody Of a child in a licensed day care facility or in kindeigarterl through 12'r' grads will be
granted up to 40 hours in ra 12 -month period (not to exceed 23 hours in one monthr to visit lire
school site, if reasonable prior notice is given to the Personnel Officer. Additionally, a parent,
grandparern, or guardian of a child may take time off to appear at a school in connection with the
suspension of a child. rile employee may use accrued leave for school visits. if accrued leave is
exhausted, the Personnel Officer may allow tale employee to work an alternative schedule is
accornmodate the leave or provide leave without pay.
Written proof of the dale and lime of the visit signed by an appropriate school official may be
required to be provided to the Personnel Officer on return to the job.
b. Voting leave. Any employee, it he or she does not have sufficient time outside of working hours
to vote, may request up to two (2) hours of accrued paid leave either at the beginning in end of
scheduled working hours to finable the employee to vote. If the employee has no accrued paid
leave, firne off shall be granted without pay except where necessary to maintain exemptions
under applicable state and federal wage and hour laws.
C. Domestic violence leave. An employee who is the victim of domestic violence may take unpaid
leave or use any available paid time off benefits to ensure his /her health, safety or welfare, of that
Of his /her child, by obtaining a temporary restraining order, a restraining order, or other court
assistance. Additionally, an employee may take leave to seek medical or psychological
treatment, to obtain necessary social services, and /or to participate in safety planning or take
other actions to increase safety. The employee must provide reasonable notice of the need for
such leave and shall provide evidence satisfactory to the Personnel Officer Of participation in one
or more of the activities specified in the preceding sentence.' The amount of leave provided shall
be in accordance with tabor Code section 230.1_
d. Crime victim assistance leave. An employee who is the victim of a crime, the immediate family
member of a victim, a registered domestic partner of a victim, or the child 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 perform emergency duty. Volunteer firefighters
may take up to .1R (Jays leave per calendar year to engage in training. The employee must
Provide reasonable notice to the Personnel Officer of the need for such leave and shall provide to
file Personnel Officer satisfactory evidence of participation in the emergency duty or training.
CITY OF RO)"iNER7 PARK
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Miscellaneous leave. in addition to the leaves described above, the Personnel Officer may
approve other requests for unpaid Icave at his/her discretion.
L. Health insurance Benefits -
Benefits. The City provides group medical, dental, and vision insurance to eligible employees and
their dependents and domestic partners (effective January 1, 2005) as detailed in the applicable
MOAs and City Council resolutions outlining conditions of employment and benefits. "The Personnel
Officer shall maintain records of the terms and conditions of the health insurance and 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 benefits 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 No. 96 -203.
4. C.O.B.R.A. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires the City
to offer employees and their eligible dependents an opportunity for a temporary extension of health
coverage upon separation of employment or loss of dependency status. The specific provisions and
restrictions of the Act are available from the Human Resources Department.
M. Miscellaneous Employee Benefits -
1. Disability wage plan. The City provides a disability wage plan to regular full time and part -time
employees. Benefits and conditions of the plan are more specifically described within the City's
Disability Wage Plan document available upon request from the Human Resources Department.
2. Long -term disability insurance. City provides long -term disability insurance to regular full -time and
regular part -time employees. The purpose of LTD insurance is to provide eligible employees with a
percentage of normal income when an injury or illness occurs on or off the job- The City provides two
different LTD plans. The terms of the specific plan can be found in the applicable MOA or applicable
resolution outlining conditions of work and benefits. The terms and conditions of this benefit may be
modified from time to time in the event that the City changes carriers.
When an employee is.receiving benefits from other sources, the total amount of compensation
received by the employee, including LTD benefits, shall not exceed one hundred percent (100 %) of
the employee's 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 otherwise meet the criteria of the
program. Please refer to Resolution 01 -270 for the details of this program.
4. Employee Assistance Program (EAP). The City provides, at no cost to all regular. full -time and all
regular, 12- rhonth part -time employees, legal dependents, and domestic partners (per AB 205
effective January 1, 2005) an employee assistance program. The program provides access to
professional counselors and therapists to assist employees in resolving stress resulting from personal
issues, substance abuse, grief or work - related issues. Any information provided to a counselor or
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lher 1pisI is confidential. No inforrnalion is provided to the City regarding an eligible member's use of
the 1'. 30 make an appointrrrent with a counselor call Cigna B(d,iavioral I leallh ,at (888) 371- 112,5.
For more information, corrt,ac:t the Hurnan Resources Department.
Health Care Tax -free dollar account program. This prograrn allows perrrrarctnt full -time or part -tirne
employees to set aside a m aximuin of $3,000 per calendar year of before tax wagca for medical
premitirrls, co- payments, or out of pocket medical costs, as authorized by the Internal Revenue
Services and the California Franchise Tax Hoard_ A regular employee becornc: s eligible on date of
hire. Employee participation in this program is coordinated through the Finance Departrwmi. The tax
deferral limits are subject to change due to changes in federal and /or state law.
6. Dependent Care Assistance program. This program allows eligible full -time or p,lrldirne employees
to set aside a rnaxirnum of $5,000 per calendar year before tax wages for child care expensta as
authorized by the Internal Revenue Services and the California Franchise Tar. Board. A regular
employee becomes eligible on dale of hire. Employee participation in this progrorn is coordinated
through the Finance Department. The tax deferral limits are subject to change due to changes i
federal and /or state law. n
Deferred income program. The City parlicipates in a deferred income program now being
administered by National Deferred and ICMA. This program allows eligible full -time or pars -time
employees to set aside a maximum of $13,000 per calendar year ($14,000 in 2005, $1:5,000 in 2006)
of before tax wages for post - retirement income as authorized by the Inlernal 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 Deperlrner* The lax deferral limits
are subject to change due to changes in federal and /or ;state law.
3. Hepatitis B program. Below is an explanation of the City's Hepatitis B Program.
Employees who may have to perform first aid as a regular job duty or are in positions which might
expose them 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 Safety Officer
P-S. Sgt_
P-S. Lt.
,P.S. Division Commander
Director of Public Safety
Community Services Officer
Evidence Technician
Property Specialist
Vol. Auxiliary Firefighter
Reserve Officer
Seasonal Maintenance Assistant
Maintenance Helper
Maintenance Worker I
Maintenance Worker 11
Public Works Services Supervisor
Recreation Supervisor
At the lime of the pre - employment physical, the candidate has a blood test that lets the City know if
they have the Hepatitis B antibody. At the employment orientation, Human Resources Department
provides the new employee (if they are in one of the jobs classes listed above) information on what
I lepatitis B is and a check -off form, which indicates whether or not they wish the 3 -shot immunization
program. Human Resources (HR) logs in the employee's response in its safety records.
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Employees who wish the 3-shot 1-1(.,
p. B series go get their shots, inform IAA when they received each
shot, and turn in their receipt for reimbursement. Employees with Kaiser insurance can get diem 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 County Health Dept. and submit their
receipt for reimbursement. It is important that the employees not miss an appt. for a shot as they
might have to repeat the series. There are specific timeframes for each shot.
If an exposure incident occurs at work, under workers' compensation, the City has the employee
tested and if necessary they are given a Hep. D 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 sarne class or to another position in a different class with
the sarne maximum salary.
Types of transfers.
a. Voluntary request for transfer 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 to the provisions of Section 8.
d. The Personnel Officer may transfer an employee to a class with a lower maximum salary with the
consent of the employee, provided the employee possesses the desirable qualifications for the
position.to which he /she reassigned.
2. Process for transfers- Transfer process and approval is made as follows:
a. At least two weeks prior to the transfer, a notice will be sent to the affected employee(s) and
bargaining unil(s) stating the nature of the transfer and an explanation as to why the transfer is
necessary.
b: The employee has a right to respond in writing within five (5) workdays from date of notice.
C. The employee has a right, through their bargaining unit, to file a grievance within the time limits
established in the grievance procedure.
B. Promotion —
1. Qualifications. A person may be moved to a class with a higher maximum salary only if he /she has
the desirable qualifications for the higher class. These desirable qualifications are ascertained on the
basis of information obtained from application forms, tests, examinations, interviews, past performance
reviews or evaluations, anti /or input from an employee's supervisor -
2. Internallexternal recruitment. In filling vacancies for positions above entry - level, consideration will
first be given to existing City employees - However, the Personnel Officer may recruit from outside
when the Personnel Officer determines that appropriately qualified City employees are not available to
fill the vacancy. The City reserves the right to conduct an open recruitment process to fill a vacancy in
a higher -level position or to fill the vacancy by advancement of a qualified employee that currently
occupies a lower -level position.
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3. Request for eligible employees. When a VaCanCy occurs, It)t; Supervisor may request a list of
names of .persons in City employ who qualify for promotion to tt)tt vacant position for consideration
from the Human Resources Department.
Defent)ining pay for promoted employees. Refer to Section 2... ply Plan ;ancf
B, Suction 3. Compensation, part
C. Trainee Program - In On effort to provide upward mobility opportunities for currenl City employees and to
provide employment opporlunities to ttae general public, the Personnel Officer can add the word "Trainee"
to any classification, within tl)e financial ability of the City, except those represented by a bargaining unit,
employed by the City and to recruit and select individuals to fill iaiasitions as deemed ;appropriate.
1. The training prograua provides an opportunity for a current ernployc:e io gain additional skills by_
12. additional experience in a different cat)ssification,
b. additional schooling,
C. completion of an appropriate examination;
cl. obtaining a State certificate or license in a specific clas sit ication.
2. Recruitment for these positions may be promotional or open as deemed appropriate by the Personnel
Officer and the initial salary would be up to thirty percent (30 %) below the beginning of the established
salary range.
3- Transition from trainee classification may occur <3s early as six (6) months but no later than two (2)
years from the date of appointment. Minimum qualifications for the position must be attained prior to
transition. -transition may occur upon recommendation of the Supervisor and approval of the
Personnel Officer.
D. Apprenticeship Program - The City may establish an apprenticeship program in partnership with a local
school 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.
E. Probationary Period. The probationary periods set forth in Section 5 also apply to all placements
resulting from the in -house recruitment process.
SECTION 5 - RECRUITMENT PROCESS
A. Announcement of Vacancies - Notices of employment opportunities in the City will be first announced in
house, via electronic mail, allowing current employees the opportunity to apply for the position. The
announcement will also be posted in the City offices and publicized in any other ways necessary to attract
the best qualified candidates.
Open recruitment. The Personnel Officer has the discretion to begin open recruitment outside of City
employ when he /she knows that tine City does not have employees with the required knowledge or
skills-
2. Notices. Such notices list the classes in which vacancies are anticipated, specify the class title, salary
range, fringe benefits, the nature of work performed and the qualifications required for employment in
the class, tell when and where to file applications for employment, 'and give information about the
testing, scoring and selection procedure to be used.
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B_ Appt.'rcations -- Every applicant responding to a City recruitment shall file an official City application form.
Applications shall be available in the City's Human resources office. Applications and supporting
documentation, filed with the City are the property of the City. Any information or. the application will not be
made public.
1. Application form. The form by which a person applies for a position with the city is prescribed by the
Personnel Officer and requires information about the applicant's 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. Applications and all required documents must be filed in the Human
Resources Department on or before file final filing dale 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 rnade;
b. excessively uses narcotics and /or intoxicating liquors to the extent that they are unable to perform
the essential functions of the position-,
c. an employee that is not physically and /or mentally able to perform the essential functions of the
job, with or without reasonable accommodation;
d. has made any false statement or omission of any significant fact, or has practiced or attempted to
practice deception or fraud in the application, in declarations, or in securing eligibility or
appointment;
e. has directly or indirectly obtained information regarding the content of an examination to which an
applicant is not entitled.-
previously been dismissed for cause from any public or private employment or resigned to avoid
such dismissal;
g_ has failed to submit a complete and /or signed application within the specific time limits;
h. has failed to reply within five (5) working days from the date mailing, to communications
concerning availability for employment;
i. has made himself/herself unavailable for employment by requesting that his /her name be
withheld from consideration.
j. for any material cause which, in the judgment of the Personnel Officer, would render the applicant
unfit for the particular position, including a prior resignation from City services accepted with
prejudice.
4. Criminal convictions. Convictions (including pleas of guilty and nolo contenders) may disqualify an
applicant from employment by the City Criminal convictions do not necessarily disqualify individuals
from employment with the City. In determining whether an individual with a conviction is disqualified,
the Personnel Officer will consider the following factors:
a- the employment classification to which the person is applying, including its sensitivity,
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b_ nature: and s(3'notisness Of the conduct,
C. the length of time since tlu' conduct,
d. the age of the individurtt;)I the lima of conchrct,
e. circumstances surrounding the conduct,
f. contributing social or environmental conditions, and
g. the presence or absence of rehabilitation or efforts at rehabilitation.
5. Employment of relatives. A position within the City will not be filled by an individual, where that
individual would be subject lo.supervisiorr, evaluation, discipline, or decisions regarding compensation
by a close relative. No person will serve in a department where the Supervisor is a close relative or in
a division where the division head is a close relative. For a definition of "close relative," see the
glossary of terms at the conclusion of these rules.
v. Notificatton of (fis({ua)ificatlOn. If an applicant is deemed disqualified for any of the above reasons,
the Personnel Officer will notify the applicanl or eligible in writing at his /her last known address, of the
action taken. An applicant has the right to respond orally or in writing within five (5) working days from
the dale of malting to the Personnel Officer, with no further right to appeal_
C. Selection Procedure. -- The method used to select employees shall be impartial and shall relate to those
subjects which fairly measure the abilities to execute the duties and responsibilities of the classification in
which the vacancy exists. Selection procedures consist of one or more of the methods listed below_ The
same metho(f shall be applied equally in a single examination.
1. Application. Information the applicant supplies on the City's application form, and any attachments
thereto Will be reviewed under the supervision of the Human Resources Assistant or his/her designee
and the applicable department supervisor. The same criteria and point system is utilized for all
applicants for the same position.
2. Examinations_ The selection techniques used in the examination process will be impartial, practical,
aid 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, sticl) techniques as written tests, personal interviews, skills and
performance tests, assessment centers, review of performance evaluations, evaluation of daily work
performance, evaluation of work samples.
3. Documentary evidence. Applicants for positions are required to provide documentary evidence of
education, training, or experience. The City reserves the right to re -test the skill level of any applicant.
4_ Scoring and rating. 'The Personnel Officer will establish the relative weights of examination and
other components of a position. 'The basis of the final score will be included in the job
announcement. Scoring and rating systems may be numerical or non - numerical as determined by the
Personnel Officer.
a. Appointment preference on open /promolionai recruitments will be extended to any regular City
employee. Regular city employees will be granted the following scoring preference: 1% for.each
Year of service, with a maximum preference of 10 %. Depending on the scoring established for
the classification recruitment, the preference may be expressed as an additional percentage or
additional points. See example below for detailed explanation.
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PERCENTAGE EVALUATION (sample)
Employee's Total Score =130%
Years of City Service as a Regular Employee = 10 (calculates ban additional 10 %)
E=mployee's Adjusted Total Score = 130% + 10% = gov
POINT EVALUATION (sample)
Employee's -total Points = 175 out of a possible 200
Years of City Service as a Regular Employee = 10 (calculates to an additional 20 points 1200 x
10% = 20)
Employee's Adjusted Total Score = 175 .r 20 = 195'
'The combination of an employee's performance in [tie examination process and years of service
may give the employee a higher score than the maximum possible. In such a case, the employee
shall receive the actual score calculated above the maximum and be ranked accordingly.
Specifically, for the examples listed above, the employee achieving the maximum score on the
percentage evaluation would receive a total score of 100% } 10/0 = 110 %; and on the point
evaluation receive a total score of 200 + 20 = 220.
b. In accordance with Resolution 2001 -271, the City does not grant preferential status to any select
group of persons when applying for a position.
D. interview Process -
Interview boards_ The Personnel Officer will assemble and appoint interview boards. These boards
may be. comprised of private citizens, experts in the field, members of another agency, City officers,
City ernpfoyees,- and /or bargaining unit representatives.
2. interviewers remarks. Interviewers mark on forms provided the degree to which, in their judgment,
each candidate possesses the desired qualifications. The interviewer's remarks will be translated into
a numerical score. Scoring sheet and interviewers' remarks are confidential.
E_ Eligibility Lists After each selection procedure has been completed, the Personnel Officer or his /her
designee will prepare an eligibility list containing the names of applicants who quatify for appointment to
positions in a particular class.
Ranking_ Place the names of the qualified applicants ( "eligibles ") on the eligibility list in the order of
their final ranking, as determined by the selection process, with the highest rated eligible at the top of
the list. If more than one person has the same score, the names will be placed in alphabetical order.
2. Duration of list. The eligibility list remains in effect for a period of six (6) months, unless the
Personnel Officer extends this period, for a period not to exceed (1) year. The Personnel Officer can
reduce the period if the list contains less than 5 names. In the event of early cancellation of an eligible
list, the Personnel Officer will notify each person. whose name appears on such fist to this effect via
mail to his /her last known address. This notice is_ to include'an explanation as to why the time frame
has been changed.
3. Removal from fist. An applicant may be removed from a given eligibility list by the Personnel Officer
for any of the following reasons_
a_ appointment to the classification for which the eligible list was originally established;
b. request by the applicant for removal from the list;
c_ failure to continue to meet any of the minimum standards established for the position for which
the eligible list was prepared,
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c1- failure to contact the Personnel Officer within five (5) working days frorn. the dale of notice of an
interview or offer of appointmc-�nl;
e. determination t,y Ille Personnel Officer that III(-' applicant has violated or;e or more of the
provisions of Section S.f3.4,
4. Vacancies. When a vacancy occurs in a class for which there is an eligibility list, the Personnel
Officer will transmit the names, and ,all supporting documents, of all candidates with the lop five
ranking scores on the eligibility list to fire Supervisor for consideration.
F. Appointment Process -- All appointments to position vacancies will be made in accordance with these
rules and regulations. The power to appoint and dismiss City employees is vested in the City Mana(er
(Personnel Officer).
1. Vacancy. The vacancy will be filled by appointment of an eligible candidate from an appropriate
eligibility list, excerpt as provided in 2 below.
2. Exceptions.
a. No eligibility list. The Personnel Officer may make a provisional appointment to a position if
there is no eligibility list for the class and if the needs of the service require that the position be
filled before a selection process can be completed. A provisional appointee must:
i. Meet the requirements of training and experience established for the position;
ii. Not continue for more than thirty (30) days in the provisional appointment after an eligibility
list for the position has been established unless there are no eligibles on such eligibility list
who are available for or who wish to be considered for appointment to the position;
iii. The Supervisor may submit a written request and justification to the Personnel Officer to
extend the provisional appointment in six (6) month increments. No more than two (2)
extensions may be granted for each provisional appointment.
b. Emergency- 11) an emergency which threatens life, property, or the operation of necessary
municipal services, the Personnel Officer may employ an individual not on the eligibility fist for not
more than ihirly (30) calendar clays.
3. Pay. A new appointee shall receive the minimum salary for the class to which the position is
allocated, except that:
L In cases of extreme difficulty in filling a position, the Personnel Officer may approve
appointment at a salary above the minimum.- In such cases, ail incumbent employees in the
class to which the appointment is made shall be placed on at least the same step of the
salary range as the new appointee; or
ii. In hiring exceptionally qualified personnel, the Personnel Officer may approve appointments
at a salary above the minimum for the class.
G. Conditional Offer of Em io ment - An offer of employment is contingent upon the results of the following:
4. Reference checks. Prior to conducting reference inquiries a prospective employee will be required to
sign a release allowing the City to acquire information about the applicant from former employers.
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2. Medical examination. Applicants who have been offered a regular position with the City are required
to participate in a pre - employment physical.
Each job classification has specific physical standards and are reasonably related to job requirements.
The city is notified only that the prospective employee is medically qualified, conditionally qualified or
disqualified; no other medical information will be released.
3. f=ingerprints and criminal background check- 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 (fate of appointment. It is the responsibility of the supervisor to
communicate with the employee in regards to his /her progress_
Duration of period. The probationary period is not less than twelve (12) months for miscellaneous
employees, not less than eighteen (18) months for dispatchers, not less than eighteen (18) months for
sworn Public Safety employees, and not less than twenty -tour (24) .months for Management
employees- Employees who receive promotional appointments must serve another probationary
period of at least six (6) months for non - supervisory employees and twelve (12) months for
supervisory employees (includes management classifications).
2. Leaves of absence during probation. If an employee is absent from work for ionger than five (5).
working (lays during the probationary period, the City may extend the probationary period an amount
of time equal to the days missed if necessary in order to properly evaluate an employee.
3. Extension of probation period. All efforts will be made to sufficiently evaluate the probationary
employee during .the assigned period- An extension* of the probationary period may, however, be
recommended by the supervisor andlor Personnel Officer when cause exists. If additional time is
needed to evaluate the employee, the supervisor or Personnel Officer can extend the probationary
period for 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 len (10) working days prior to the end of the initial
probationary .period-
4. Rejection during probation period. During the probationary period, an employee may be rejected at
any time for any reason by the Personnel Officer- Employees who are dismissed during their
probationary period have no right to hearing or appeal. Notification of rejection must be served to the
probationary employee in writing-
5. Promoted employees.. A promoted employee who does not successfully complete the probationary
period will be reinstated to his or her former position or to a comparable position. If, however, the
employee is discharged for cause, the employee has no right to reinstatement.
6- An employee who successfully completes a probation period achieves regular status in hislher class
and is known as a regular employee.
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SECTION 6 - SEPARATION AND REINSTATEMENT
An employee inay be separaled from employment by resi< /nation, disrraissal, retirc:menl, or layoff on ,account of
1<:ro of work or lack of funds. (fhe dismissal for cause of rec)ular ctrraployeta will be in aCCortlanr:e with the
(:.rovi ;;ions of Section d. Other Sel)aration procedures and reinstatement procedures are set forth below.
A. Separation and /or Resic nation -- 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 employment_ A copy of the wrillr:n
resignation will be given to the Personnel Officer and then placed in the employee's personnel file-
1 . An employee who has resigned in writing may wilhdraw his /her resignation prior to the final date
stated or, the letter of resignation. The withdrawal teller will also be placed in })is /her personnel file.
2. An employee who leaves employment without so filing a written resignation and giving two ( ?) weeks
notice, as required above, will have this fact noted in his/her file and may be denied fulure employment
by the City.
B. Reinstatement - Upon application of a former regular employee, who has properly resigned, the
r= ersonnel Officer naay, at his /her sole discretion, approve reinstatement of It }e former employee 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 for which the errrployee would have been eligible at time of separation. Former
regular full -time City ernployces returning to City service within the six (6) month period will be granted
the full benefits they were receiving at time of separation as if there was no break in service.
2. An employee separated from the City's employ for over six (6) months who is reinstated shall be
treated as a new employee.
3. The City will reinstate into the position from which he /she has been promoted any employee who fails
during a promotion to which he /she has been promoted.
4. Any employee who resigns without proper notice or resigns 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 reinstated to his /her former position as provided by law.
C. Layoff - Whenever it becomes necessary to reduce the number of employees due to lack of work,
economic considerations, changes in mission, technological changes, or as determined by the Personnel
Officer based on other factors or when a position in the classified services is to be temporarily or
permanently abolished, the Personnel Officer will notify the Human Resources Department the number of
employees to be laid off or the names and number of positions to be abolished. The purpose of the
procedures set forth below is to establish equitable standards to regulate Stich layoffs. The City's decision
to reduce its work force is a management right, thus no due process or grievance procedures apply, and
the decision is not subject to "meet and confer" requirements. These procedures apply only to regular
employees (full or part time) and probationary employees (initial or promotional /transfer).
1. Identification. The Personnel Officer -on the basis of the administrative needs of the City determines
the departments and positions subject to layoff.
2. Order of layoff:
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a. Within a classification, those employees who are probationary employees in their initial
probationary period will be laid off first, followed by employees in a . promotional 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 conipetence, and seniority.
i. "Seniority" for 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 shall not include disciplinary time; off without pay or time spent on unpaid
leave (unless federal or state law requires it to be included in the seniority calculation).
ii. Once seniority determinations have been made, layoffs are made in reverse seniority order
(i.e. the most junior employees are laid off first).
iii. Ties in seniority 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 result in the City retaining the most qualified and efficient employees.
3. Notice. Employees shalt be given at least ten (10) business days' written notice prior to the effective
date of the pending layoff. A copy of the notice shall be retained in the employee's personnel file.
4. Exclusions. In certain instances, there may be exceptions made in the order of layoff outlined above.
These exclusions would 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 employee who
is scheduled for layoff may be offered a voluntary reduction in classification to a lower level job
classification provided he /she meets the minimum qualifications, and /or obtain proficiency
through a short orientation period.
c. a voluntary reduction by taking early retirement and /or "golden hand shake ".
5. Retreat rights /voluntary demotion in lieu of layoff.
a. An 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
psition.
b_ An employee who would otherwise be laid off has the right to retreat to another position in the
same classification series or to any position the employee has previously geld and for which the
employee is qualified that is occupied- by an employee of lesser seniority. The result is that the
more senior employee "bumps" the junior employee, who then is entitled to the retreat/demotion
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 must so notify
the Personnel Officer in writing within five (5) business days of receiving the notification of
pending layoff-
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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 (-,Iml)loyee previously completed the
Probationary period in that position.
6. Reinstatement lists_ The names of regular employees who have been Laid off, including those who
have accepted a demotion or retreated to another position are to be placed on a layoff reinstatement
list by seniority within the classification from which the employees were laid off. An employee's flame
remains on this list for a period of one (1) year frorn date of layoff; an employee's name may be
removed for any of the following reasons:
a. Reappointment of the employee to his /her former classification
1). Notification front employee that he /she, is no longer interested in relurning IO the City.
C. inability to contact the employee by mail or phone at the ermployee's last known <utdress 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 hid off employee becomes vacant, or if
anothc;r position within the same classification series becomes vacant, then the employee with the
most seniority on applicable reinstatement list shall be offered the vacant position_
6- Restoration of benefits upon reinstatement. When an employee is reinstated to employment after
layoff, all 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 time of layoff shall be
restored. If art employee is reinstated to a position in which he or she was serving a probationary
period at the time of'layoff, all time on probation previously completed prior to layoff small be counted
toward determining when the probationary period ends.
SECTION 7 - INCOMPATIBLE ACTIVITY /CONFLICTS OF INTEREST
A. Incompatible Activity - Certain activities are incompatible will) ethical, effective employment with the City.
All City employees are prohibited from:
1. Participating in improper political activity prohibited by the federal Hatch Act or pertinent provisions of
State Law including the California Government Code;
2_ Using for private gain or advantage the influence of a City position or the facilities, equipment and
supplies of the City;
3_ Soliciting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City;
4_ Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City in excess of the Conflict of Interest guidelines established in the
Rohnerl Park Municipal Code Chapter 2.60;
5_ Divulging confidential information to anyone to whom issuance of such information has not been
authorized; or
6. Participating in any employment or other activity, which will prevent an employee from doing his /her
City job in an efficient and capable manner, is illegal pursuant to stale or federal law, or which might
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result in a conflict of interest between the employee's private interests and his /her official duties and
responsibilities.
Q. 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 employment that could conflict with the best interests of the City or interfere with the
employee's ability to perform his or her Cily position. Examples of such prohibited outside employment-
include, but are not limited to:
1. jobs /business conducted during the employee's work hours with the City;
2. jobs /business that prevent the employee from being available for necessary overtime or emergency
work period outside his or her normal working hours when such overtime or emergency duly is a
regular part of his or her job;
3. business conducted using City facilities, resources or equipment (including telephones, computers,
supplies, etc.)
SECTION 8 - DISCIPLINARY ACTION
City employees are expected to meet certain standards of job performance, interpersonal interaction, and
conduct. The City may discipline any employee whose conduct or, 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 lo: counseling; oral reprimand, written reprimand, reduction in
pay, suspension without pay, reassignment, demotion; and discharge. Although the City generally applies the
concept of "progressive discip line," discipline may include any one or any combination of actions, and the
actions need not necessarily be applied in a defined order. Instead, the discipline imposed will be determined
according to the severity of the infractions), regardless of whether prior discipline has been imposed.
Only regular employees who have successfully completed their probationary period have the right a to hearing
and appeal as described in this section. An employee not covered by this Section may be disciplined without
reference to these provisions, such an employee has no protected property interest iri his or her employment.
A. Causes for Disciplinary Action - Any regular employee may be disciplined for "good cause ". Good cause
Js defined as reasons including, but not limited to, the following:
1. Fraud in securing employment;
2. incompetence or inefficiency;
3. Failure to maintain required licenses, credentials, certificates or other conditions for employment as
specified in assigned classification;
4. Insubordination;
5. Dishonesty;
6. Neglect of duty, or inattention to /dereliction of duties;
7. Violation of City or Department rules and regulations, policies, procedures or general orders, whether
oral or written;
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8. Disclosure of confidential personal information of another employee;
9. Negligent or willful damac }e to or waste of public equipment, property or supplies-
10, Improper or unauthorized use of City vehicles or equipment;
11. Misappropriation, lhefl, or embezzlement of City prope:riy and /or funds;
12. Unlawful harassment or discrimination, or file failure-: to cooperate with the investigation of harassm
discrimination or other unlawful activities; ent,
11 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 without leave, not returning from an approved leave -of- absence or obtainim a teave -of-
absence under false pretense;
16. Soliciting any favors or gifts from .persons, concerns or corporations who have, or seek to have,
business contacts with the City-,
17. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City in excess of the Conflict of Interest guidelines established in the
Rohnert Park Municipal Code Chapter 2.60;
18. Failure to observe safety regulations and practices, including the use of assigned personal protective
.equipment,
19. Discourteous, unprofessional or abusive treatment of the public or other employees,
20. Use of abusive language-,
21. Actual or threatened physical violence;
22- Conviction (including by plea of guilty or nolo conlendere) of a felony or any crime involving moral
turpitude;
23. Conviction of a misdemeanor (including by plea of guilty or polo conlendere) that is of a nature as to
adversely affect the employee's ability to perform the duties and responsibilities of his or her position.
B. Minor Discipline_ — All supervisors are authorized to implement minor disciplinary measures. Minor
disciplinary actions are not subject to appeal. Examples of minor discipline include the following:
1. Oral reprimand. An oral admonition to an employee whose conduct or performance must be
improved and which details the areas for improvement, file 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.
Although a copy may be sent to the employee's personnel file, docurnenfed counseling memoranda
are,typically maintained in the supervisor's fife Ontif the
formal performance evaluations_ y are included by notation in the employees
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3. Written reprimand. A formal written notice to an employee stating the specific details concerning the
subject of the reprimand, summarizing previous related disciplinary action, if any, and describing the
plan for improvement. A written reprimand shall include the date of the reprimand and a statement
advising the employee that continued conduct or performance at such levels may result 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 following the date of a reprimand to submit
his or her own rebuttal comments, which shall accompany the reprimand in the employee's personnel
file.
Removal of minor discipline records_ At the request of the employee, records of minor discipline
will be removed from the employee's personnel file three (3) years after the (fate of the written
reprimand or documented counseling. Records will be removed provided the employee has received
satisfactory performance reviews ir1 the subsequent three (3) year period from date of the written
reprimand /documented counseling and no further discipline has been initiated. The employee shall
initiate the request to remove records of minor discipline through his or her Department Head. The
employee's Department Head shall coordinate this request through human Resources to ensure the
appropriate criteria has been met to remove the records. Nothing in this section is intended to prevent
documentation of progressive discipline.
C_ Maior Discipline - Major discipline may only be implemented by Department (-leads. Types of major
discipline include the following:
1. Suspension. The lemporary 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 employee's
normal work schedule.
2. Merit decrease_ A pay step reduction where performance falls short of the normal standards or where
performance is clearly 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 opportunity to conform his or her conduct to required behavior
or performance standards and has failed to do so, or where an employee has committed one or more
serious offenses for which no other disciplinary measure is appropriate.
D. Disciplinary Process - -Major Discipline. Any 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 Notice of Intent shall state.
a. The specific type of disciplinary action proposed,
b. The effective dale of the action;
c. "rhe specific reason(s) 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 ttte 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
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major discipline should not be irnposed. A request for such a hearing must be submitted in
writing within ten (10) working days of receipt of the NOtice of intent.
Informal hearing (i.e. Skelly hearing). At [tie imployee's request, ;31) inform rl hearing milt be ileac!
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 wlry IN' proposed major discipline should not
be impose(], Except by stipulation of the City arrd the employee, the hearing shall take place within
ten working (10) days of the employee's request for hearing, and it may be rescheduled only once at
the employee's request. 'The following parameters ;,pply to the informal hearing:
a. The hearing shalt be conducted by a responsible person designated by the Personnel Officer.
b. The hearing shall include the employee, the employee's clu�sen representatives) - (reasonable
number), and others as directed by the hearing officer. Absent extenuating circumstances, the
employee's failure to appear waives his or her right icr sucfr a hearing.
c. 'The hearing shall be tape recorded or stenographically recorded, and a copy of the tape
recording or transcript shall be provided to the employee upon request.
d. At the hearing, the employee shall be given an opportunity, either orally or in writing, or both, to
bring forward facts or circumstances which may cause the charges to be revised or dismissed- If
file employee's information is presented by his or her representative, all statements made by the
representative shall be attributed to tale employee as if made by Prim or her personally, and it is
the employee's obligation to correct any mis staterneni(s) by the representative_
e. Following the hearing, the hearing officer will make a written rc:comrnendation to the Department
Head who issued the.Notice of Intent as to whether the proposed discipline should be imposed,
modified, reduced or dismissed.
3_ Notice of discipline. Following the inforrnai hearing, if requested, the same Department Head who
issued the Notice. of Intent shalt consider the hearing officer's recommendation to determine how to
proceed. If he or she" decides to dismiss the proposed discipline, written notice of the dismissal shalt
.be provided to the employee as soon as practicable. If the decision is to impose discipline either as
proposed or in some modified or reduced form, a written Notice of Discipline shall be prepared. The
Notice of Discipline shall state:
a. The specific type of disciplinary action that will be imposed;
b. The specific reason(s) or catrse(s) for the actions, setting forth specific facts that form the 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 Rules.
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.
E. Appeal from Maior Discipline - Any employee on whom major discipline has been imposed shalt be
entitled to an appeal hearing as set forth below.
Timing_ An employee wishing to exercise the appeal rights provided in this Section must deliver <i
written Notice of Appeal to the Personnel Officer within ten (10) working days after the date of the
Notice of Discipline.
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2. Employee representation. Employees may represent themselves or be represented by legal counsel
or representative(s) of the employees recognized employee organization.
3. Evidentiary hearing. 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. The hearing shall be closed and
confidential. Prior to the hearing, the Assistant City Manager or his /her designee shall supply the
hearing officer with (f) the Notice of Intent and any attachments, (2) the Skelly hearing officer's written
recommendation, and (3) the Notice of Discipline and any attachments. Other hearing procedures are
as follows:
a. -I he employee's presence is required. Failure to appear at the appeal hearing unless physically
unable to do so shall be deemed a withdrawal of the appeal and a waiver of any further right of
a(Jministrative appeal.
b. The hearing shall be stenographically 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 to by the employee and the City's representative.
d. Order of hearing shall be:
J. The City's representative, followed by file employee, may make preliminary opening
statements..
ii- The City's representative may present oral or documentary evidence, or both, in support of
the City's position; the employee may cross - examine all witnesses called by the City.
ii). The employee 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 file employee, may make a closing statement
C. The hearing shall be conducted in an efficient manner conducive to determining the issues,
however, the technical rules of evidence do not apply_ Any relevant evidence may be admitted if
it is the sort of evidence on which responsible persons are accustomed to relying in the conduct
of serious affairs. Oral evidence shall be taken only upon oath or affirmation. Hearsay evidence
may be used for various purposes; however, hearsay standing alone and properly objected to
shall 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 information. The hearing officer (with advice-of appointed
counsel, if necessary) shall rule on any objections made to the admissibility of evidence or
otherwise relating to the conduct of the hearing.
Following the conclusion of. the hearing, the hearing officer shall prepare written findings and
recommendations and provide them to the City Manager. The hearing officer may recommend
changes to the proposed discipline. However, if the hearing officer finds that the underlying facts
giving rise to the charge(s) are proved by a preponderance of the evidence, the hearing officer
may not recommend a reduction in discipline if reasonable minds could differ as to the proper
level of discipline. If the hearing officer recommends a reduction in discipline, he or she must
make a specific finding that reasonable minds could not differ as to the appropriate level of
discipline and set forth the facts upon which 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.
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Cl"Y.01-- ROHNERT PARK
Pc:rsonncl Rules and Reyt.Bations:
City Manager's Determination. -rhe hearing officer's findings and recommendation;; shat! t)e
forward<;cf t0 ttae City Manager for his or her review. The City Manager will follow the
recomanendalions of the hearing officer unless; lie or shc' can slrov cause that the hearing officer
abused his or her discretion.
a. the City Manager shall re
vic;w the entire record (including the Notice of Intent, the record of
Skelly proceedings, the Skelly officer's written recommendalion, the Notice of Discipline, the
evidence and record at the evidentiary hearing, arxf the appeal hearing officer's written findings
and recOmrnendations }.
b- The City Manager shall issue a decision imposing the disciplinary action lie or she deems
appropriate and in the best interests of the City.
c- 'file City Manager's decision shall be in writing and shall be final. 11 shall include a copy of the
appeal, hearing officer's findings and re corn mencfations and shall be filed as a permanent record
in the employee's personnel file.
d. Notice of the City Manager's decision, along with a copy of both the City Manager's decision and
the .:appeal hearing officer's findings sand reconrn)endations, 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 clays pursuant 10 Code of Civil Procedure
1094.6.
F. Use of paid administrative leave. Nothing in this Section is intended to abrogate the City's right to place
an employee 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.
G. Disciplinary Action for specific employees of the Department of Public Safety.
Under California Government Code Section 3300, the State 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 that are covered by tile POBRA are the following. Public Safely Officer
Trainee, Public Safety Officer, Public Safety Sergeant, Public Safety Supervisor (LT), Public Safety Division
Commander, and Director of Public Safety. It shall be the policy of the City to extend these same rights
and privileges to all non - safety members of the Rohnert Park Public Safety Officers' Association, except
those that by their very nature could only apply to peace officers and /or firefighters. All subsequent
revisions to California Code sections 3300 et seq and Court interpretations of these statutes shall also be
binding on the City with respect to non- safety members of the Rohnert Park Public Safety Officers'
Association.
For safety and non - safety employees
assigned to him" alike, .the phrase "locker, or other space for storage: that may be
as used in Government Code Section 3309 shall include, but is not limited to, a Public
Safety employee's assigned City vehicle and /or the enclosed spaces of an employee's assigned desk or
office area. Nothing in this section shall preclude the City from temporarily re- assigning a departmental
asset to, meet a necessary operational requirement-
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GLOSSARY - DEFINITION OF TERMS
ADMINISTRATIVE LEAVE - Absence with full pay and benefits, ordered by a Department head or tale City
Manager, when the City's interests require the employee to be away from the job.
ANNIVERSARY DATE = The date, which signifies the completion of each year of service by a regular employee
in a position and /or the date an employee starts his /her probationary period for either or iginat,'promotional, or
change in classification appointments.
APPLICANT - A person who has successfully completed and submitted an employment application for a
position for which the City is currently recruiting_
APPOINTMENT -- The selection of, and acceptance by, an applicant to a position in the City service in
accordance with these rules.
AVERAGE SCORE - Means the combined average of all- relevant, converted, and weighted scores obtained by
a candidate for a given classification or position title_
CALENDAR DAYS -.Consecutive days within a specific time frame and shall include weekends and holidays
CANDIDATE - An applicant for City employment who meets the minimum qualifications of the posilion applying
for and has been selected to begin the testing process or a person on an eligibility list.
CFRA - California Family Rights Act, state law established in 1993, and is administered by the California
Department of Fair Employment and Housing.
CITY COUNCIL - The duly 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 -.Tile entire employment system of the City.
CLASSIFICATION - A.group 'of positions sufficiently similar in respect to duties and responsibilities, that the
same descriptive classification title may be used to designate each position allocated to that class. The same
minimum qualifications may be required of incumbents of positions in the class, and the same examinations
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 responsibility.
CLOSE RELATIVE - Relative shall mean spouse, father, father -in -law, mother, mother -in -law, brother, brother -
in -law, sister, sister -in -law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent -
in -taw, 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.
DISCIPLINARY ACTIONS - Actions taken with the objective of obtaining employee compliance with rules,
orders, procedures, standards of conduct and /or expected job performance when non - disciplinary corrective
actions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its
own_
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DOMESTIC PARTNER - Two adullS who have chosen to share one another's lives in an inlirlt ale and
corr)rnitted relationship of mutual caring. To be elif ible both parties must fife a Dec ;larl an nl Cate and
Partnershif) will) the Californi,- Secretary of State.
ELIGIBLE - A person whose rrame is oil an errtploynlerd list -
ELIGIBILITY LIST -- A list that contains the names of qualified c.indidaies, for a specific c)assilic ;anon, who ha
completed all examination processes and are ranked, in orcJer of the score or rating received. ve
EMPLOYEE - Any person appointed to fill an authorized eml')loyrnent position in the City service
officials, volunteers, unpaid interns, and those appointed to advisory boards, com . Elected
mittees, and a>rnrnissions are
riot employees. *J'he categories of employees are:
Regular: A regular employee is one who has passed probation and Holds a regularly authorized position
Will) benefits. Regular employees may only be disciplined for cause. 7 here are 3 types of regular
employees:
1- Regular full - time_ a person who holds a budgeted (40) forty -hour per week position, with duties and
responsibilities that do not end in a specific time period, and who is entitled to full benefits with the City
Pursuant to the applic<'.able. Mernorandurn of Agreement or applicable Outline of Benefits for the
Management and Confidential Units -
2. Regular part - time: a person who holds a budgeted position, with (Julies and responsibilities that do riot
end in a specific time period, works for a specific number of hours, as defined, and fills out a timecard,
receives a salary and benefit package, proportioned to their agreed fixed work ratios (20 hours per
week receives 50% benefits; 30 hours per week receives 75% benefits).
3. Specially - funded: a person who works in a regular full- or part -time position fancied by sources other
1han,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.
Special: A speci,.)I employee is one hired for a special purpose to m
employees include: eet the needs of the City. Special
1• Provisional employees - i.e. an employee who meets the minimum qualifications for a position and
who is appointed on an interim basis until the vacancy can be filled.
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 do not participate in the
City's benefit programs.
3. Emergency employees - employees hired to meet file requirements of a declared emergency which
threatens life, property, or the general welfare of the City and. whose position ceases when the
emergency ceases.
Probationary and Special Employees may be dismissed from such positions or disciplined with or without
cause.
ENTRY LEVEL -- The initial position in a class series.
EXAMINATION - The process utilized to evaluate the relative skills and knowledge of an applicant for
prospective employment or current employee who has app►ic;d for a change in classification and/or promotion.
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Techniques utilized may consist of, but not limited to any of the following: traditional paper and pencil tests,
Performance 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 lh(e City's overtime policies and is compensaled for overtime through Administrative leave,
accumulated per specifications outlined in the MOA's and /or Outline of Ben(-Jils for the Management and
Confidential Units.
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 I -cave Act, federal law established in 1993 and administered by the Department of
Labor.
GRIEVANCE - A complaint by an employee relating to wages, hours, and working conditions. Disciplinary
action cannot be grieved.
LEAVE -OF- ABSENCE WITHOUT PAY - Time away frorn 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 lthe City Council.
NOLO.CONTENDERE - Latin for "no contest." In a criminal proceeding, a defendant may enter a plea of nolo
contendere, in which he 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 %2 times normal pay for hours worked over 8, 9, 10 in a24 hr_ period and /or any
hours worked over 40 hours in a 7 clay 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 his or her
designee.
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 in the 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.
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RPEA - Rohnert Park Employees' Association. The tabor bargaininfj and repreasentation unit for adrnirai >trative
technical and support employees.
RPPSOA -- Rohricrt Park Public: Safety Officers' Association. 1 he labor bargaininci ;artd representation unit for
Public Safety Sergeants, Public Safety Officers, Publii; Safety Dispalchers, Communic<alions Supervisor,
Comm"'Ay Services Officers, Part -Time l:)ispatchers, and Public Safety Officer Trainees_
RULES - The I'ersonnc1 Rules and Regulalions of the City of Rohnert Park as contained ira this document.
SALARY -- A regular employee's base pay as approved by the City Council in 3Y m the classification and salary plan
i.e. P rates and ranges, computed on a mor,ihfy basis.
SALARY RANGES -- The rate(s) as sinned to a classification in the pay rates and ranges.
SEIU - Service Employees hate rnational 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.
TERMINATION - The ending of any employment relalionship 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
having essentially the rnaximuna salary limits, and involving the performance of similar duties.
WORKDAY - is a Iwenly -tour (24) hour period beginning at the same tirrre each calendar clay.
WORKWEEK Means any forty (40) hour period within seven (7) d consecutive days starting with the same
calendar ay each week.
RESOLUTIONS EFFECTING PERSONNEL POLICY
RESO 79,22
EMPLOYEE GRIEVANCE PROCEDURE
RESO 92 -78
-• EQUAL OPPORTUNITY EMPLOYER
RESO 92 -79
RESO 93 -38
- POLICY AGAINST DISCRIMINATION BASED ON DISABILITY - ADA
- AGAINST HARASSMENT
RESO 99 -01
- ELECTRONIC MEDIA USE
RESO 91 -192
- ANTI -DRUG POLICY
RESO 87 -117
DEPENDENT CARE ASSISTANCE PROGRAM
RESO 00 -10
- EMPLOYEE COMPUTER PURCHASE PROGRAM
RESO 03 -71
(PERMANENT AS OF 2003)
PROVIDING FOR CONTINUATION OF SALARY
AND BENEFITS FOR ELIGIBLE
CITY EMPLOYEES CALLED TO ACTIVE MILITARY
RESO 03 -235
DUTY OR TRAINING
OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY
ACT OF 1996
CITY OF ROHNERT PARK Page 39 of 39
Personnel Rules and Reputations