2007/11/13 City Council Resolution 2007-191RESOLUTION NO. 2007-191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT,
FRINGE BENEFITS AND SALARY ADJUSTMENTS FOR THE MANAGEMENT UNIT
BE IT RESOLVED by the City Council of the City of Rohnert Park that the Outline of
Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Management
Unit dated November 13, 2007, covering the period from November 13, 2007, through June 30,
2009, be and the same is hereby approved.
DULY AND REGULARLY ADOPTED this 13th day of November, 2007.
CITY OF ROHNERT PARK
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OUTLINE
OF CERTAIN CONDITIONS OF EMPLOYMENT
FRINGE BENEFITS, AND SALARY ADJUSTMENTS
FOR THE MANAGEMENT UNIT
EFFECTIVE NOVEMBER 13, 2007 - JUNE 30, 2009
TABLE OF CONTENTS
1. HOURS, DAYS AND PERIOD OF WORK ....................................................... ..............................5
2. HOLIDAYS.
............................................ ............................... 6
2.1. Holidays Observed ....................................................................................... ..............................6
2.2 Proclaimed Holidays .................................................................................... ..............................6
2.3 Day of Mourning ........................................................................................... ..............................6
2.4 Alternate Day Off .......................................................................................... ..............................6
3. VACATION ............................................................................................................ ..............................7
3.1
Vacation Schedule ....................................................................................... ..............................7
3.2
Maximum Accrual ......................................................................................... ..............................7
3.3
Vacation Sellback ......................................................................................... ..............................7
3.4
Eligibility for New Hires .............................................................................. ..............................7
3.5
Vacation Benefit ............................................................................................ ..............................7
3.6
Vacation Schedule Based on Seniority .................................................. ..............................7
4. MILITARY TRAINING .......................................................................................... ..............................7
5. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS ............ ..............................8
5.1
Fringe Benefit Administration ................................................................... ..............................8
5.2
Administrative Leave ................................................................................... ..............................9
5.3
Sick Leave ...................................................................................................... ..............................9
5.4
Catastrophic Leave ...................................................................................... ..............................9
5.5
Hearing Aid Benefit ..................................................................................... .............................10
5.6
Paternity Leave ............................................................................................ .............................10
5.7
Family and Medical Leave ......................................................................... .............................10
5.8
Light or Limited Duty .................................................................................. .............................10
5.9
Americans with Disabilities Act ............................................................... .............................10
5.10
Employee Death ........................................................................................... .............................10
5.11
Medical and Health ...................................................................................... .............................10
5.12
Dental Coverage .......................................................................................... .............................11
5.13
Vision Coverage ........................................................................................... .............................11
5.14
Adoption Benefit .......................................................................................... .............................12
5.15
Death /Bereavement Leave ........................................................................ .............................12
5.16
Funeral Benefit ............................................................................................. .............................12
5.17
Long -Term Disability Insurance .............................................................. .............................13
5.18
Life Insurance ............................................................................................... .............................13
5.19
Deferred Income .......................................................................................... .............................13
5.20
Retired, Deceased and /or Permanently and Totally Disabled Employees ................13
5.21
Education and Training ..........................................:................................... .............................16
5.22
Longevity and Incentive Pay .................................................................... .............................17
5.23
Retirement Programs ................................................................................. .............................17
5.24
401(a) Retirement Plan ............................................................................... .............................18
5.25
Dependent Care Assistance Program .................................................... .............................19
5.26
Health Care Tax -Free Dollar Account Program ................................... .............................19
5.27
Counseling Services ................................................................................... .............................19
OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page II
6. SAFETY EQUIPMENT ........................................................................................ .............................19
6.1 Replacement Equipment ........................................................................... .............................19
6.2 Personal Equipment ................................................................................... .............................19
6.3 Safety Glasses and UV Eye Protection ( Sunglasses) ........................ .............................19
7. COMPENSATION ADJUSTMENTS ................................................................. .............................20
7.1
Total Compensation Survey ..................................................................... .............................20
7.2
Automobile Allowance ............................................................................... .............................20
7.3
Critical Incident Call Out Pay ................................................................... .............................21
7.4
Public Safety Vehicle Use ......................................................................... .............................21
7.5
Court Time Pay ............................................................................................. .............................21
7.6
Police and Fire Services ............................................................................ .............................21
7.7
Paychecks ..................................................................................................... .............................22
7.8
Fiscal /Budgetary Impacts .......................................................................... .............................22
8. ALCOHOL AND DRUGS ................................................................................... .............................22
8.1 Alcoholic Beverages or other drugs ...................................................... .............................22
8.2 Off Duty Hours ............................................................................................. .............................23
8.3 Prescription Drugs ...................................................................................... .............................23
9. SMOKING ............................................................................................................. .............................23
9.1 Non - smoking Pay Premium ...................................................................... .............................23
9.2 Non - smoking Status ................................................................................... .............................23
9.3 Condition of Employment ......................................................................... .............................23
9.4 Employees Hired After July 1, 1993 ........................................................ .............................23
10. RESIDENCY ......................................................................................................... .............................23
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12. USE OF CITY FACILITIES ................................................................................ .............................24
12.1 Use of Sports Center and Lap Swimming Program ............................ .............................24
12.2 Performing Arts Center .............................................................................. .............................24
13. MANAGEMENT RIGHTS ................................................................................... .............................24
14. WORK CURTAILMENT (NO STRIKE CLAUSE) ........................................... .............................25
15. TERM OF OUTLINE ............................................................................................ .............................25
15.1 Effective Date ............................................................................................... .............................25
15.2 Termination Date ......................................................................................... .............................25
16. INVALIDATION .................................................................................................... .............................25
16.1 Suspension of Agreement ......................................................................... .............................25
16.2 Replacement ................................................................................................. .............................25
OUTLINE- Management 0 November 13, 2007 through June 30, 2009 Page 111
18. PERSONNEL FILES ........................................................................................... .............................26
19. EMPLOYEE PERFORMANCE EVALUATIONS ............................................ .............................26
OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page IV
This Outline is a document that describes conditions of employment, fringe benefits and
salary for employees in the Management Unit. The Management Unit currently consists
of employees occupying the classifications of:
Assistant City Manager
City Clerk
Deputy City Engineer
Director of Administrative Services
Director of Community Development
Director of Public Safety
Director of Public Works /City Engineer
Public Safety Commander
Public Safety Lieutenant
1. Hours, Days and Period of Work
Depending upon specific assignments, the primary workweek for management
employees may be a 5/8 Schedule, a 4/10 Schedule or a 9/80 Schedule. The
City Manager may also approve an alternative work schedule for a specific
employee. The hours, days and period of work shall be as follows:
(a) Regular Workday - The regular workday is eight (8), nine (9) or ten (10) hours
of work as may be determined from time to time by mutual agreement of an
employee and his /her supervisor.
(b) Regular Days of work for the 5/8 Schedule - The regular workweek for
employees assigned to the 5/8 schedule shall consist of five (5) days,
Monday through Friday of eight (8) hours. As may be determined from time to
time by mutual agreement of an employee and his /her supervisor, the
employee assigned to the 5/8 Schedule may volunteer for a workweek other
than defined in this section.
(c) Regular Days of Work for the 4/10 Schedule - The regular workweek for
employees assigned to the 4/10 Schedule shall consist of four (4)
consecutive workdays of ten (10) hours followed by three (3) consecutive
days off. As maybe determined from time to time by mutual agreement of an
employee and his /her supervisor, the employee assigned to the 4/10
Schedule may volunteer for a workweek other than defined in this section.
(d) Regular Days of Work for the 9/80 Schedule - The regular workweek for
employees assigned to the 9/80 Schedule shall consist of four (4)
consecutive workdays of nine (9) hours during one seven (7) day regular
work period, followed by four (4) consecutive workdays of nine (9) hours plus
one workday of eight (8) hours during the second seven (7) day regular work
period. As may be determined from time to time by mutual agreement of an
employee and his /her supervisor, the employee assigned to the 9/80
Schedule may volunteer for a work week other than defined in this section.
(e) Regular Work Period - A Regular Work Period shall be the seven (7) day
work period beginning at 12:01 a.m. on Monday and ending at 12 midnight on
Sunday.
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 5
(f) In order to provide services to the community at all times during the day and
week, the City will establish shifts. The City retains the authority to determine
the regular start and end times and days of shifts and the authority to transfer
an employee from one shift to another.
2. Holidays
2.1 Holidays Observed
The holidays observed by the City will be:
"New Years Day ", January 1, 2008 and January 1, 2009
The third Monday in January, "Martin Luther King, Jr. Day" January 21,
2008 and January 19, 2009
Friday proceeding "President's Day," February 15, 2008 and February 13,
2009
The third Monday in February, "President's Day," February 18, 2008 and
February 16, 2009
The last Monday in May, "Memorial Day," May 26, 2008 and May 25,
2009
"Independence Day," July 4, 2007 and July 4, 2008
The first Monday in September, "Labor Day," September 3, 2007 and
September 1, 2008
"State Admission Day," September 10, 2007 and September 9, 2008
The second Monday in October, "Columbus Day," October 8, 2007 and
October 13, 2008
"Veteran's Day," November 12, 2007 and November 11, 2008
The fourth Thursday in November, "Thanksgiving Day," November 22,
2007 and November 27, 2008
Day after "Thanksgiving," November 23, 2007 and November 28, 2008
12:00 Noon to 5:00 p.m. on December 24, 2007 and December 24, 2008
"Christmas Day," December 25, 2007 and December 25, 2008
2.2 Proclaimed Holidays
Every day proclaimed by the President, Governor or Mayor of the City as a
public holiday and made applicable to City employees.
2.3 Day of Mourning
Each day that the Governor declares a day of mourning or special
observance as a holiday for State employees if the declaration makes it
applicable to City employees.
2.4 Alternate Day Off
At the discretion of the Director of Public Safety, holiday pay may be
authorized for Public Safety Lieutenants and Commanders who are directed
to work on any holiday observed by the City. Holiday Pay may be approved in
lieu of granting the employee an alternate day off. Holiday Pay is calculated
on a straight time basis.
OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 6
3. Vacation
3.1 Vacation Schedule
Vacation schedule shall be as follows:
Years of Service
Monthly Vacation Rate
Annual Vacation
(Inclusive)
Hours
1 to 10 years
12.500 hours
150
11 to 15 years
15.333 hours
184
16+ years
18.667 hours
224
3.2 Maximum Accrual
(a) Vacation may be accumulated to a maximum of four hundred (400) hours.
3.3 Vacation Sellback
Once per calendar year, employees shall have the option to sell back to
the City up to 'one -half of the employee's maximum, annual accrual of
vacation time. Requests for vacation sell back must be submitted on or
before November 15. The rate of the sell back shall be the employee's
current and regular salary on the day the sell back request is approved.
The sell back shall occur during a pay period that is no more than 30 days
from the day the sell back request is approved. To qualify for vacation sell
back, employees must have accrued at least eighty (80) hours of vacation
time as of the day the sell back request is approved and must have used
a minimum of eighty (80) hours of vacation time within the twelve (12)
months prior to the day the sell back request is approved.
3.4 Eligibility for New Hires
Employees must work a minimum of six (6) months before any vacation
earned will be credited to said employee.
3.5 Vacation Benefit
Vacation benefits shall be earned and accrued to employees who are actively
working or are taking paid leave due to an approved City program or benefit.
Vacation benefits do not accrue to employees on absences from work for
over ninety (90) consecutive days whereas the employees become eligible
for the City's long -term disability program for either industrial or non - industrial
injury or sickness.
3.6 Vacation Schedule Based on Seniority
Preference for vacation scheduling will be on the basis of seniority within
classification.
4. Military Training
The City grants military leave to all employees for service in a uniformed service
in accord with Federal law, the Military and Veterans' Code of California and City
Resolution No. 2003 -71. The employee must notify his /her supervisor of
upcoming military duty as soon as he /she becomes aware of his /her obligation.
An eligible employee pursuant to the Military and Veterans Code who is ordered
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 7
to active military duty or training shall receive compensation in accordance with
Section 395.01 of the California Military and Veterans Code. In addition, the
employee shall have continued benefits as provided by Federal and State law. In
such cases, the employee shall submit his /her military earning statement to the
Human Resources Department to assist in calculating the employee's salary. In
no event, will the employee be compensated in excess of his /her normal City
salary. Employees will receive any merit and /or general salary increases for
which they become eligible during military leave.
5. Fringe Benefits, Other Than Vacation and Holidays
5.1 Fringe Benefit Administration
Fringe Benefit Administration - City reserves the right to select the insurance
carrier(s) or to self- administer any of the fringe benefit programs provided
during the term of this outline. In the event that any offered health plan is no
longer offered, the City agrees to provide a suitable replacement health plan
that is substantially comparable.
All benefits provided under this section (Section 5) are subject to the
characteristics of each individual benefit program.
The value or availability of the benefits provided in this Outline as originally
worded or as amended from time to time may depend on their tax treatment
by the State or Federal government or the decisions of other government
agencies or departments, such as, but not limited to, the California Public
Employees' Retirement System (CaIPERS). The City will endeavor to obtain
the most favorable treatment legally possible from these other governmental
entities. However, the City makes no representation concerning the value of
such benefits to unit members or how they will be taxed or otherwise treated
by other agencies or departments. The City's obligations under this Outline
are limited to the direct cost of providing the salary and benefits as described
in this Outline. The City shall have no additional financial obligation, even if
the tax or other treatment of such salary or benefits by other agencies or
departments reduces or eliminates their value to the employee.
(a) The City will continue. all employee benefits and pay the appropriate
premiums, as specified in the applicable section(s) of this Outline, due for
an employee out on an authorized leave while an employee is being
compensated by vacation accrued time, compensatory time, industrial
sick leave time and /or non - industrial sick leave time.
(b) Employee may continue benefits during an authorized leave without pay
for the period of the authorized leave by making payment to the City for
said benefits.
(c) If there is any inconsistency between this section and the Personnel
Rules and Regulations, the Personnel Rules and Regulations shall
govern.
OUTLINE- Management 11 November 13, 2007 through June 30, 2009 Page 8
5.2 Administrative Leave
In calendar year 2008, the employees in the management unit shall receive
up to one - hundred sixty -five (165) hours of Administrative Leave per calendar
year. In calendar year 2009, the employees in the management unit shall
receive up to one - hundred fifty (150) hours of Administrative Leave per
calendar year. Any unused Administrative Leave hours on a calendar -year
basis shall not be carried over. Use of Administrative Leave is unrestricted.
Up to one - hundred (100) hours of earned, but not taken, Administrative
Leave may be paid in cash or its equivalent value applied towards an
approved benefit program. Requests for pay of this leave shall be submitted
to the City Manager. Employees are limited to one request per calendar year.
Requests must be submitted on or before November 15. Payment shall be
made no more than 30 days subsequent of the approval of the request by the
City Manager.
5.3 Sick Leave
(a) Sick leave benefits for regular employees hired before July 1, 1993 shall
be as provided in the City's most current "Disability Wage Plan ", a copy of
which is attached hereto. Each employee covered by this Outline shall be
provided a copy of the aforementioned "Disability Wage Plan."
(b) For regular employees hired after July 1, 1993, the following sick leave
program will be provided:
Sick Leave Accumulation
Hours Earned
Monthly
Hours Earned
Annually
Maximum Hours of
Accumulation
10
120
1,200
(c) Any employee hired before July 1, 1993 may voluntarily elect to
participate in the sick leave program as provided in Section 4.3 (b) above
with the following conditions:
1. That employee may convert only any unused full -time sick leave
balance from the Disability Wage Plan Sick leave Program as
provided in Section 4.3 (a) above. Employees may convert up to
a maximum of 1,200 hours. Any unused half -pay benefits will be
forfeited and not subject to conversion under this section.
2. Once an employee voluntarily
leave program, he /she shall
privileges.
elects to participate in this sick
remain in same with no return
5.4 Catastrophic Leave
Leave benefits shall be provided as outlined in City Council Resolution No.
2001 -270, adopted December 11, 2001.
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 9
5.5 Hearing Aid Benefit
That the City shall reimburse employees up to eighty percent (80 %) with a
lifetime maximum of nine hundred dollars ($900) for hearing aid devices.
5.6 Paternity Leave
Regular employees may use up to three (3) days accrued sick leave for
paternity leave, following the birth of a child.
5.7 Family and Medical Leave
Employees may request an unpaid leave of absence under the California
Family Rights Act (CFRA) and /or the Federal Family Medical Leave Act
(FMLA). Requests for family and medical leave shall comply with the
requirements of the CFRA and /or the FMLA.
5.8 Light or Limited Duty
Employees injured or ill from either on-the-job (industrial) or off - the -job (non-
industrial) causes may, at the City's sole discretion, be assigned to light,
limited, or modified duty. They may be assigned duties that differ from the
normal work duties of the employee. Such light, limited, or modified duty shall
terminate when the employee is physically able to perform all his /her normal
work duties. By virtue of this paragraph, City does not intend to create any
permanent light, limited or modified positions.
5.9 Americans with Disabilities Act
The City recognizes it has an obligation under law to comply with the
Americans with Disabilities Act (ADA).
5.10 Employee Death
Upon death of an employee, any unused vacation and compensatory time
shall be paid to the employee's surviving spouse or beneficiary. In the
absence of a spouse or beneficiary, any unused vacation and compensatory
time shall be paid to the primary beneficiary specified by the employee on the
employee's enrollment/beneficiary card for City provided life insurance.
5.11 Medical and Health
Employees will have a choice of Kaiser Foundation Health Plan, Inc.,
California North Region (S Coverage); or Blue Cross Prudent Buyer Plan or
any other appropriate health plan offered by the City.
(a) Effective December 1, 2007 the City agrees to contribute towards medical
insurance premiums an amount equal to 85% of the lowest cost plan at
the employee's enrollment level. High Deductible Health Plans (HDHP)
with Health Savings Accounts (HSA) shall not be used as the lowest cost
plan. Effective July 1, 2008, the City agrees to contribute towards
medical insurance premiums an amount equal to 80% of the lowest cost
plan at the employee's enrollment level.
(b) As a result of any Federal or State law enacted subsequent to the
effective date of this Outline, City shall make an effort to maintain the
level of benefits as provided for in this Outline.
OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 10
(c) Alternate Benefit
Eligible employees may receive an alternate benefit of $350.00 per month
when having health insurance from a source other than the City. This
benefit shall be provided as outlined in City Council Resolution No. 2007-
178, adopted October 23, 2007.
5.12 Dental Coverage
The City shall provide, at no premium cost to employees, dental service
coverage for employees, spouses, domestic partners, and dependents. The
plan offered by the City shall be the Delta Dental Preferred Option, which for
the most part, but with some exceptions, provides the following City
coverage:
(a) One hundred percent (100 %) of the cost of diagnostic and preventative
care.
(b) One hundred percent (100 %) of the cost of basic dental services.
(c) One hundred percent (100 %) of the cost of crowns and restorations
(including implants).
(d) One hundred percent (100 %) of the cost of prosthodontics.
(e) Two thousand dollars ($2,000) maximum benefit for dental services per
person per year.
(f) One hundred (100 %) of the cost of orthodontics with a three thousand
five hundred dollar ($3,500) lifetime maximum benefit per person.
Dental service coverage shall be based upon the Delta Dental rates and
services provided by Delta Dental providers. The City will pay any co-
payment required as a result of services provided under City dental program
by a Delta Dental provider.
5.13 Vision Coverage
The City will provide, at no premium cost to employees, the 12/12/12 Vision
Service Plan with supplemental coverages for the employee, employee's
spouse, domestic partner, and dependents as generally follows:
(a) A vision exam every twelve (12) months.
(b) Prescription glasses consisting of lenses and frames every twelve (12)
months. Lenses include single vision, lined bifocal, lined trifocal, tints and
photochromic lenses. Frames of the employee's choice will be provided
up to a maximum of one hundred and twenty dollars ($120). Employee
will receive a twenty percent (20 %) discount on any out -of- pocket costs
incurred for frames.
(c) In lieu of glasses, contacts with. an allowance of one hundred and five
dollars ($105). The allowance applies to the cost of contact lenses and"
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 11
the fitting and evaluation exam. The exam is in addition to the vision
exam.
(d) A second pair of prescription glasses or contact lenses every twelve (12)
months subject to a twenty dollar ($20) copay. .
(e) Contact lenses, in addition to glasses, every twelve (12) months subject
to a fifty - dollar ($50) copay. One day disposable contacts are covered up
to a four hundred dollar ($400) maximum allowance.
(f) Primary Eye Care with urgent or non - surgical eye care benefits subject to
a five - dollar ($5) copay per office vision. Examples of primary eye care
include, but are not limited to, exams to diagnose pain in the eye, exams
to monitor the progress of pre - surgical cataracts, diagnosis and tests for
loss of vision, and treatment and management of glaucoma.
(g) Laser surgery discount (PRK, Lasix/Custom Lasik).
5.14 Adoption Benefit
That the City provide a six hundred dollar ($600) per child cash benefit to
employees adopting minor children to help offset the cost of adoptions. This
cash benefit does not include the cost of adopting step - children, i.e. children
of present spouse.
5.15 Death /Bereavement Leave
(a) A regular employee shall be paid up to three (3) days of bereavement
leave when there is a death in their immediate family.
(b) Additionally, a regular employee may, subject to approval of the
supervisor, use two (2) additional days of the employee's accrued sick
leave if the employee must travel out of the area, i.e., at least two
hundred and fifty (250) miles one way.
(c) Immediate family in this case means: spouse, domestic partner, father,
father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -
in -law, child (including step- children), step - parents, aunts, uncles, .
grandparents, grandparent -in -law, grandchildren and relationships in
loco- parentis, and close personal relationships,. with the approval of the
City Manager or his /her designee.
(d) It is understood that the City's most current "Disability Wage Plan," a copy
of which is attached hereto, shall be amended to reflect the changes as
outlined in this Outline.
5.16 Funeral Benefit
City will provide fifty percent (50 %) co- payment, not to exceed two thousand
dollars ($2,000), for funeral expenses for an employee or their spouse only.
This funeral benefit will be considered secondary to and shall be coordinated
with any and all other funeral benefits that may be payable to employee or
spouse.
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 12
5.17 Long -Term Disability Insurance
The City shall provide, at no premium cost to employees, long -term disability
income protection insurance coverage. The basic benefit shall be sixty six
and two thirds percent (66 2/3 %). In no event shall the employee receive
more than full salary. The benefits provided under this section are subject to
the characteristics of the individual program.
(a) The waiting period for the above long -term disability benefits plan shall be
ninety (90) days.
5.18 Life Insurance
(a) The City will provide, at no premium cost to employees, one hundred
thousand dollars ($100,000) life insurance coverage provided to
employees and five thousand dollars ($5,000) for dependents, and which
coverage includes accidental death and dismemberment benefits.
(b) The City will allow, subject to the insurance carrier's approval, any
employee to purchase, at his or her own cost additional life insurance
coverage under the City's group program.
5.19 Deferred Income
The City will continue to make available to the employees a deferred income
program, now being administered by Nationwide and International City
Management Association (ICMA) or a similar program with another institution
acceptable to City.
5.20 Retired, Deceased and /or Permanently and Totally Disabled Employees
City agrees to provide /offer and pay the appropriate premium(s), as specified
in the applicable section(s) of this outline, for City offered /provided medical
insurance, life insurance, dental program, and vision care benefits only to the
following:
(a) To regular full -time and regular part -time employees who have at least
ten (10) years of continuous service with the City and who retire upon
reaching retirement age or thereafter and are receiving a retirement
allowance from the Public Employees' Retirement System. Coverage will
extend to eligible dependents. Said employees shall be referred to as
"Retired Employees."
(b) To regular full -time or regular part -time employees who:
1. Have at least ten (10) years of continuous service with the City, and;
2. Are retired forthwith from the City of Rohnert Park service into the
CalPERS at the time of permanent or total disability, and;
3. Are permanently and totally disabled from their occupation and unable
to perform with reasonable continuity the material duties of their own
occupation.
OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 13
After twenty four (24) months if gainful employment is obtained in an
occupation in which the material duties are reasonably fitted by
education, training, experience and compensation to the occupation at
the time of disability, the employee shall no longer be considered
permanently and totally disabled from their occupation. In such
circumstances, benefits shall be discontinued.
Said employees shall be referred to as "Retired Employees" except
for the circumstance noted above in which the employee is no longer
permanently or totally disabled. Coverage will extend to eligible
spouse, domestic partner, and dependents.
(c) To the surviving spouse, domestic partners, and legal dependents of a
regular full -time or regular part-time employee who died while a City
employee after ten (10) or more years of continuous service with the City.
Said employee shall be referred to as a "Deceased Employee."
(d) Benefits provided under this section shall be coordinated with Medi -Care,
Medi -Cal, and any other welfare program available of which said benefit
coverage shall be considered primary and City provided coverage in turn
considered secondary.
(e) All benefits provided under this section are subject to the characteristics
of each individual benefit program. The life insurance to be provided will
be the life insurance plan amount in effect and in accordance with the
provisions of the life insurance program as of the date of employee's
retirement.
(f) The benefits provided under this section will continue for such retired
employees and their spouse, domestic partners, and legal dependents, if
any, while said retired employee is alive. In the event of the retired
employee's death, coverage will continue for the spouse or domestic
partner until the spouse or domestic partner dies or marries. In addition,
the benefits provided under this section will continue for said retired or
deceased employee's legal dependent children who qualify as an Internal
Revenue Service dependent until said children reach the age of twenty-
three (23) or the spouse or domestic partner marries, whichever occurs
earliest.
(g) For regular City employees hired before July 1, 1993, City agrees to pay
the entire appropriate premium cost(s) for City provided /offered medical
insurance, life insurance, dental program, and vision care benefits only for
retired City employees and their spouse, domestic partner and eligible
dependents, as defined herein.
(h) For regular City employees hired between July 1, 1993 and June 30,
2007 the City agrees to pay towards premium cost(s) for City
provided /offered medical insurance, life insurance, dental program, and
vision care benefits only for retired City employees and their spouse or
one dependent as follows:
OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 14
Employees with less than 15 consecutive years of service with the City
receive no medical benefits at retirement.
Employees with at least 15 years but less than 20 consecutive years of
service with the City are eligible for 50% of the amount received by active
employees for the selected plan.
Employees with at least 20 years but less than 25 consecutive years of
service with the City are eligible for 75% of the amount received by active
employees for the selected plan.
Employees with 25 or more consecutive years of service with the City are
eligible for 100% of the amount received by active employees for the
.selected plan.
Calculation of premium will be prorated for permanent part -time
employees.
Employees must retire concurrent with termination of service with the City
to be eligible for this benefit (no vesting).
The City's share of the premium costs for all retirement benefits as
described herein shall not exceed employee plus one dependent, and
shall not include payment of Medicare B premiums.
Employees in this category will be provided with an opportunity to "opt
out" of the retiree defined benefit program (by June 30, 2008) and move
to the defined contribution program, as defined in (i) below. The
contribution will begin the month following an employee's election to opt
out. Employees opting out will receive $75.00 per month of service, and
be vested after 10 years of service.
(i) For regular City employees hired after July 1, 2007 the following apply:
The City will contribute $75.00 per month of service to a Retiree Health
Savings Account.
The vesting period is ten (10) years of City service. Employees
terminating City employment with ten (10) or more years of service will be
allowed to vest contributions.
Calculation of contribution will be prorated for permanent part -time
employees.
Q) Members of the management unit retiring on or before December 31,
2008 shall retire under the retiree medical benefits they were vested
under as of June 30, 2007. The purpose of this section is to allow
employees an adequate period of time to make retirement decisions and
to provide for a measured transition of the City's workforce. Prior to
retirement, the employee will receive the same health benefits as active
employees.
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 15
(k) Continuous City service is defined as being continuous regular full -time or
regular part -time City employment only for calculating length of
continuous service under this section. Part -time (non- benefited)
employment and approved unpaid leaves will not be used in calculating
length of continuous service under this section. Any separation from City
employment will void any previous accrual towards length of continuous
service for purposes of this section, unless otherwise waived by the City
Manager and due to extenuating circumstances. Layoffs with subsequent
restoration and approved City paid or unpaid leaves do not constitute
separation from City service for the purpose of this section.
(1) Any retired employee who, after retirement from the City, becomes
employed elsewhere and is covered by medical, health, dental, vision
care benefits or life insurance 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.
(m)Any spouse or domestic partner of a deceased employee or deceased
retired employee who is receiving benefit coverage as provided under this
section, becomes employed and is covered by medical, health, dental or
vision care benefits by his /her employer, said coverage provided by City
will be considered secondary to the coverage provided by the spouse's or
domestic partner's employer, and his /her employer's coverage shall be
considered primary.
5.21 Education and Training
The City desires to encourage employees to advance their education and
training. The City will provide an education and training assistance program
to provide reimbursement to employees for tuition and book costs only for
attending and completing, with a satisfactory grade (C or better), courses in
the adult high school program, at Santa Rosa Junior College, at Sonoma
State University or any other accredited educational institution acceptable to
the City. All courses or classes for which reimbursement will be requested
must be previously approved by the Supervisor and the City Manager prior to
the start of said classes and approval requested on the appropriate City form.
For general guidance, acceptable courses will be those courses which are
necessary to receive a Bachelor, Master, Doctorate degree or that apply to
the receipt of a professional certification. The maximum allowed amount
reimbursable for tuition is one thousand dollars ($1,000) per instructional
period plus books and materials, with a total reimbursable amount not to
exceed three thousand dollars ($3,600) per calendar year. The maximum
reimbursable amount and the total reimbursable amount are based on tuition
at Sonoma State University. The City will revisit these amounts if tuition
costs at Sonoma State University increase.
The City acknowledges that the work schedule of its Management Employees
may require the participation in a "working professionals" program such as
the program offered locally by the University of San Francisco. The tuition
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 16
costs of working professionals programs are substantial higher than SRJC
and SSU. To encourage the continuing education of employees, the City will
allow the employee to submit an annual reimbursement of their
tuition /books /materials costs while they remain employed. See example
below:
Tuition of Master of Public Administration Program = $7,200
Year One reimbursement = $3,600, Employee remaining debt = $3,600
Year Two reimbursement = $3,600, Employee remaining debt = 0
The updated reimbursement provision is intended to apply for tuition related
costs on or after January 1, 2008. The reimbursement benefit is available to
employees throughout the term of this outline, but it does not obligate the City
to tuition expenses beyond the expiration on the terms of this agreement.
5.22 Longevity and Incentive Pay
(a) The City shall provide longevity pay to employees based on continuous
years of service, as defined in Section 5.20 (k) as follows:
Completed Years of Service
Pay Percentage Increases
5 years
2%
For each year completed thereafter
Y2%
The maximum longevity pay percentage to be paid shall be ten percent
(10 %) of base pay. The "completed years of service" will be determined
on January 1St and July 1St only and not on an employee's employment
anniversary date.
Longevity Pay Program as outlined in Section 5.22 shall not apply to
personnel hired after October 10, 1995.
(b) The City will provide a P.O.S.T. Certification Stipend to Commanders and
Lieutenants based upon receipt of a Supervisory or Management
P.O.S.T. Certification. The City will provide a P.O.S.T. Certification
Stipend to the Director of Public Safety based upon receipt of an
Executive P.O.S.T. Certification. The amount of the Supervisory P.O.S.T.
Certification Stipend will be seven percent (7 %) of base salary per month
effective July 1, 2007. The amount of the Management P.O.S.T.
Certification Stipend will be eight and one half percent (8.5 %) of base
salary per month effective July 1, 2007. The amount of the Executive
P.O.S.T. Certification Stipend will be ten percent (10 %) of base salary
per month effective July 1, 2007. The Stipend payments provided above
are not cumulative. Only one of the three P.O.S.T. Certification Stipends
will be paid per employee.
5.23 Retirement Programs
(a) Effective July 1, 2007, the City will provide the California Public
Employees' Retirement System (CaIPERS) two and seven tenths percent
(2.7 %) at fifty -five (55) retirement program to miscellaneous member
employees
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 17
(b) Effective July 1, 2007, the City will provide the California Public
Employees' Retirement System (CaIPERS) three percent (3.0 %) at fifty
(50) retirement program to local safety member employees
(c) The City will continue to provide the "one -year highest compensation"
optional provision in its contract with CaIPERS.
(d) The City will absorb any employer contribution rate increases for
miscellaneous and local safety members required by CaIPERS.
Miscellaneous employees will contribute one percent (1%) of the
employer's contribution.
(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.
(f) The City pays eight percent (8 %) of the employee's contribution into
CaIPERS for all miscellaneous members of the management unit as
indicated in Section 5.23 of this outline.
The City pays nine percent (9 %) of the employee's contribution into
CaIPERS for all local safety members of the management unit as
indicated in Section 5.23 of this outline.
The City shall report eight percent (8 %) of the Employer Paid Member
Contributions (EPMC) to CaIPERS as additional compensation for all
miscellaneous members of the management unit.
The City shall report nine percent (9 %) of the EPMC to CaIPERS as
additional compensation for all local safety members of the management
unit.
The City will report the value of the EPMC in accordance with all
applicable provisions of the Government Code, law and requirements of
the CaIPERS.
The City makes no representation concerning the value of this benefit or
how it may be taxed or treated by other agencies either presently or in the
future. The City's obligation under this section is limited to the direct cost
of providing the benefit as described. The City shall assume no further or
additional financial obligation even if an outside agency imposes or
determines there to be a financial obligation for the City or the employee.
5.24 401(a) Retirement Plan
If eligible under guidelines, members of the management unit may
participate in the City's 401(a) retirement plan.
OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 18
5.25 Dependent Care Assistance Program
City will continue to provide the Dependent Care Assistance Program (DCAP)
as authorized by the Internal Revenue Service for the set -aside of employee
pre -tax dollars for childcare as approved by the Internal Revenue Service
(IRS) and the California Franchise Tax Board.
5.26 Health Care Tax -Free Dollar Account Program
City will continue to provide the Health Care Tax -Free Dollar Account
Program as authorized by the Internal Revenue Service for the set -aside of
employee pre -tax dollars for the cost of monthly health care premiums as well
as eligible unreimbursed medical expenses, as approved by the Internal
Revenue Service (IRS) and the California Franchise Tax Board.
5.27 Counseling Services
Payment by the City of any unreimbursed costs, up to a maximum City
reimbursement of one thousand dollars ($1,000) per household per calendar
year, for professional counseling service charges which are not paid for by
City - provided or other insurance which the employee may have. Services not
covered by City - provided health insurance programs with a maximum
calendar year benefit of one thousand dollars ($1,000) per calendar year per
household.
6. Safety Equipment
6.1 Replacement Equipment
City will continue to furnish Public Safety Officers with replacement
equipment as needed for the equipment that the City is required to furnish per
the Government Code. Said equipment consists of department- issued
weapons, holster, belt and ammunition, nightstick, handcuffs, safety vests,
raincoats and rain boots.
Equipment furnished by City shall remain the property of City with the
exception of any personal purchases made by present officers.
6.2 Personal Equipment
City shall replace,, with the Director of Public Safety's approval, any personal
equipment lost, destroyed or damaged beyond repair while used in the line of
duty. Items shall not be replaced if worn because of normal wear and tear.
6.3 Safety Glasses and UV Eye Protection (Sunglasses)
City will reimburse for primary prescription safety glasses to those employees
required by City to wear them. Such employees will not be entitled to receive
a first set of glasses under the general vision care program referred to in
Section 6.12 but may utilize the general vision care program for subsequent
pair(s) of glasses, within the terms of the program. City will reimburse for
sunglasses providing UV protection, not to exceed one hundred and fifty
dollars ($150) per employee per year, for use by Public Safety Lieutenants,
Commanders, and Director authorized to operate Public Safety vehicles."
OUTLINE- Management 0 November 13, 2007 through June 30, 2009 Page 19
7. Compensation Adjustments
7.1 Total Compensation Survey
To ensure that it can recruit and retain managers, the City desires to offer
competitive total compensation packages to members of the management
unit. For every position in the management unit, no later than March 1, 2008,
the City shall complete a survey of total compensation for comparable
- positions in comparable agencies.
Total compensation is defined to be the cost to the City to provide salary,
health benefits, and contributions to the California. Public Retirement System
(i.e., equivalent of employer payment of 7% or 8% Miscellaneous Employee
Contribution and 9% Safety Employee Contribution).
Comparable agencies are the County of Sonoma and the Cities of Fairfield,
Napa, Novato, Petaluma, Santa Rosa, and Windsor. For each position in the
management unit, the City shall identify a comparable position in each of the
comparable agencies. Elected officials with executive responsibilities will not
be included as a comparable position (e.g., Sheriff, Auditor - Controller, Clerk -
Assessor, etc.). The City reserves the right to modify the list of comparable
agencies for one or more positions in the management unit if a comparable
position does not exist in one of the comparable agencies enumerated in
Section 6 of this outline.
The City Manager or designee shall confer with each member of the
management unit about the results of the total compensation survey for that
member's position. If the total compensation of position is below the mean of
the total compensation survey, the City Manager will make recommendations
for salary adjustments based on the following schedule:
Range Below Mean of Total
Salary Adjustment
Compensation Survey
0 -5%
No adjustment
6 -10%
4% increase in salary for FY 07 -08;
3% for FY 08 -09
11 -15%
6% increase in salary for FY 07 -08;
5% for FY 08 -09
16 +%
Position /classification to be
Reevaluated
In Fiscal Year 2007 -08, for those positions whose survey has not been
completed, adjustments to salary shall be made retroactive to December 1,
2007. In Fiscal Year 08 -09, adjustments to salary shall take effect on July 1,
2008.
7.2 Automobile Allowance
Effective December 1, 2007, miscellaneous members of the management
unit shall receive an automobile allowance in the amount of $322.30. On
July 1 of each year, the automobile allowance shall be adjusted by an amount
to be determined by the Bay Area All Urban Workers Consumer Price Index
OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 20
(CPI). The amount of the adjustment will be based upon the change in the
CPI from April of the year prior to April of the current year.
7.3 Critical Incident Call Out Pay
For those Public Safety Lieutenants who are called out for critical incidents,
they shall be entitled to time and one -half with a minimum of three (3) hours.
Critical incidents are defined as events that occur very infrequently and would
include incidents such as a major structure fire or a police homicide event.
The overtime must be approved by the Director of Public Safety. The
overtime provision will generally include call -out for the Lieutenants on days
other than during their regular days of work as may be determined from time
to time by mutual agreement of an employee and his /her supervisor. The call
back would not include routine fire call -out or other police assignments
normally expected of Lieutenants in the normal course of their assignments.
This extra time spent on City business is compensated by the administrative
hours provided each year.
7.4 Public Safety Vehicle Use
In 1981 the City initiated a 'Personalized Vehicle Program" in the Department
of Public Safety. The City can, at any time and at its sole discretion,
determine the rules and regulations to be imposed as part of the program
and /or terminate it at any time. The "Personalized Vehicle Program" shall not
be considered or construed as a fringe benefit at the present time or at any
time in the future.
7.5 Court Time Pay
Department of Public Safety employees shall receive the equivalent of three
(3) hours pay if required to testify in court on off -duty time.
7.6 Police and Fire Services
(a) Public Safety Commanders and Lieutenants may volunteer to work police
and fire service shifts. The Director of Public Safety, in his /her sole
discretion and only if he /she deems it necessary, may approve the use of
Public Safety Commanders and Lieutenants to work police and fire
services shifts under the following terms and conditions:
1. Commanders and Lieutenants are paid at the standard pay of a
Lieutenant during the time they work shifts in the police and fire
services.
2. All time worked, and payment for time worked, shall be pre- approved
by the Director of Public Safety or his /her designee.
3. The work by Commanders and Lieutenants in the fire services shall
not interfere or conflict with the regular work of the Lieutenant as
determined by the Director of Public Safety.
4. The Director of Public Safety may assign Commanders and
Lieutenants to work patrol, as operationally necessary. The use of
Commanders and Lieutenants for patrol shifts is intended to assist the
Department of Public Safety with supervisory level position during
staffing shortages caused by personnel shortages due. to staffing
vacancies, illness, training requirements, vacation.
OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 21
5. The Commanders and Lieutenants receipt of pay for time so worked
does not defeat or otherwise affect their exempt status under the Fair
Labor Standards Act.
(b) Public Safety Commanders and Lieutenants who are qualified and
assigned as Fire Captain and who are regularly assigned and employed
in the performance of the duties of a Fire Captain shall receive a stipend
of five percent (5 %) of base salary per month. The City at its sole
discretion shall determine the number of Fire Captains to be assigned.
Each qualified Fire Captain must continue to participate in ongoing and
regular fire training `courses and exercises.
(c) The Director of Public Safety may from time -to -time designate one or
more Chief Fire Officers. Prior to being designated a Chief Fire Officer,
the employee shall have successfully completed upper level Fire
Command Courses 2A and 2B or have at least five (5) years experience
as a Fire Battalion Chief. The employee designated as a Chief Fire
Officer will receive a stipend of seven percent (7 %) of base pay.
(d) The Stipend payments described above in paragraphs (b) and (c) are not
cumulative. Only one of the two Fire Stipends will be paid per employee.
7.7 Paychecks
Paychecks shall be distributed by City to employees by noon on payday.
7.8 Fiscal /Budgetary Impacts
If the State of California fiscal crisis continues and substantial funds are
extracted from the City or sales tax revenues or other major revenue sources
decline to a point where the City must consider a reduction in staffing, City
may re -open this Outline to address salary issues.
8. .Alcohol and Drugs
The City agrees to continue to work together to assist any employees who have
an alcohol, alcohol related, drug or substance abuse problem. It is mutually
acknowledged that continued cooperative efforts would give employees a much
better opportunity to recover from this very serious health problem.
Since certain City employees are required to drive City vehicles, to think clearly
and act responsibly as well as use various types of equipment, and it is known
that drinking alcoholic beverages or taking certain drugs may slow a person's
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.
8.1 Alcoholic Beverages or Other Drugs
Alcoholic beverages, or other drugs which affect an employee's ability to
drive or function safely, shall not be used by employees during their assigned
regular workday, nor while on assigned standby duty.
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 22
8.2 Off Duty Hours
If an employee who has been drinking alcohol or using a drug which may
impair the employee's ability to drive or function safely receives a call to
return to work during off duty hours, the employee must decline the request to
work.
8.3 Prescription Drugs
Employees using prescription drugs that affect the employee's ability to work
safely must inform their supervisor and may be assigned to other appropriate
duties or required to take sick leave.
9. Smoking
9.1 Non - smoking Pay Premium
In recognition of the nation -wide concern with use of tobacco and the
relationship it has to disease, City agrees to continue to provide a twenty -five
dollar ($25) pay premium to employees hired before July 1, 1993 and who
refrain completely from the use of tobacco in any form. Any employee
receiving the pay, premium for not using tobacco and who starts using
tobacco, shall rebate to City all paid non - smoking premium paid by the City to
said employee during the immediate twelve (12) months preceding.
9.2 Non- smoking Status
Employees hired with a condition that they not smoke shall be required to
remain non - smokers throughout their employment. A non - smoker shall not
smoke or use any tobacco product either on or off -duty while employed. An
affidavit signed on a periodic basis by employee shall be used to verify
continued non - smoking status.
9.3 Condition of Employment
The City intends to hire new employees with the clearly expressed condition
of employment that they refrain from smoking. The City acknowledges its
right to take appropriate disciplinary actions should any such employee hired
after the effective date of this Outline violate the, agreed upon conditions of
employment. Prior to final disciplinary action being taken, City will refer the
employee to the employee assistance program for consultation and referral.
9.4 Employees Hired After July 1, 1993
The City acknowledges that due to its commitment to hiring employees with
the clearly expressed condition of employment that they refrain from smoking,
that employees hired after July 1, 1993 shall not receive a twenty five dollar
($25) pay premium for not smoking.
10. Residency
10.1 All employees are encouraged to reside within the City. All employees in the
Management Unit, with the exception of sworn Public Safety personnel
including Lieutenant, P.S. Division Commander, and Director of Public
Safety, shall receive a $60 per month Residency Stipend if they reside within
the City. At the discretion of the City Manager, said Residency Stipend may
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 23
be increased to no more than $65 per month at any time during the term of
this Outline.
10.2 All sworn Public Safety management personnel, i.e. Lieutenant, P.S. Division
Commander, and Director of Public Safety, shall receive a $150 per month
"In- district" Stipend if they physically reside within the incorporated areas of
Windsor, Santa Rosa, Rohnert Park, Cotati, Petaluma or Sebastopol or
reside within the unincorporated areas that are within 10 driving miles per
MapQuest from any one of the Rohnert Park Public Safety stations. The
Director of Public Safety will determine eligibility for the "in- district" Stipend
effective April 1, 2006. Eligibility for the "In- district" Stipend for the position of
Director of Public Safety will be determined by the City Manager. The 1n-
district" Stipend shall terminate on June 30, 2009, unless reauthorized by the
City Council. If it is not reauthorized, then the affected Management
employees would receive the "Residency" Stipend amount approved for
members of the Management Unit.
11. Grievance Policy and Procedure
City will comply with the grievance procedure as outlined in Resolution No. 79-
22, adopted February 13, 1979, a copy of which is attached hereto. Failure to
meet any time line or specifically comply with any other requirement of the
grievance procedure constitutes a specific waiver and is a bar to further
consideration of the grievance.
12. Use of City Facilities
12.1 Use of Sports Center and Lap Swimming Program
Employees and their spouse, domestic partner, and eligible dependents (as
defined both by City eligible dependent policy and Sports Center policy), will
be allowed to participate with no fee imposed in open gym time and use the
weight room and locker room facility at the Sports Center when such facilities
are open and also participate in the Lap Swim Program conducted at the
City's swimming pools. In the event that the City determines that such use of
the Sports Center by spouse, domestic partner and dependents of employees
adversely impacts the public's access to the Sports Center facilities, the
parties will re -open this Section 10. Other activities requiring payment of a fee
can be discussed with the City Manager for consideration of a waiver of part
or the entire fee.
12.2 Performing Arts Center
City agrees to provide each employee with two tickets to a Performing Arts
Center performance during each fiscal year (July to June) at no charge to the
employee. The City will provide employees with a choice of at least four (4)
dates.
13. Management Rights
Except as limited in this Outline and applicable State laws, the exclusive rights of
the City shall include, but not be limited to, the right to determine the organization
of city government and the purpose and mission of its departments and
agencies, to determine the nature, levels and mode of delivery and for set
standards of service to be offered to the public; and through its management
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 24
officials to exercise control and discretion over its organization and operations; to
establish and effect administrative regulations which are consistent with law and
the specific provisions of this Outline; to direct its employees and establish
employee performance standards and to require compliance therewith; to take
disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold
salary increases and benefits, or otherwise discipline employees subject to the
requirements of applicable laws; to layoff its employees whenever their positions
are abolished, or whenever necessary because of lack of work or lack of funds,
or other legitimate reasons; to determine whether goods or services shall be
made, purchased, or contracted for; to determine the methods, means, and
numbers and kinds of personnel by which the City's services are to be provided;
including the right to schedule and assign work and overtime; and to otherwise
act in the interest of efficient service to the City; and to take all necessary actions
to protect the public and carry out its mission in emergencies.
14. Work Curtailment (No Strike Clause)
Under no circumstances shall any employee individually or collectively cause,
sanction, honor or engage in any strike, sit -down, stay -in, sick -out, slow -down,
speed -up, work to rule or any other type of job action, curtailment of work,
restriction of production or restriction of service during the term of this Outline.
15. Term of Outline
15.1 Effective Date
This Outline is to become effective on November 13, 2007.
15.2 Termination Date
This Outline will terminate on June 30, 2009.
16. Invalidation
16.1 Suspension of Agreement
If during the term of this Outline, any item or portion thereof of this Outline is
held to be invalid by operation of any applicable law, rule, regulation, or order
issued by governmental authority or tribunal of competent jurisdiction, or if
compliance with or enforcement of the item or portion thereof shall be
restrained by any tribunal, such provision of this Outline shall be immediately
suspended and be of no effect hereunder so long as such law, rule,
regulation, or order shall remain in effect. Such invalidation of a part or
portion of this Outline shall not invalidate any remaining portion that shall
continue in full force and effect.
16.2 Replacement
In the event of suspension or invalidation of any article or section of this
Outline, City agrees, that except in an emergency situation, to arrive at a
satisfactory replacement for such article or section.
17. Non - Discrimination
City acknowledges that in receiving the benefits afforded by this Outline, no
person shall in any way be favored or discriminated against to the extent
prohibited by law because of political or religious opinions or affiliations, or
OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 25
because of racial or national origin, or because of age, sex or sexual preference,
or physical or mental disability.
18. Personnel Files
Employees or their duly authorized representative have the right to inspect his or
her personnel file maintained on him or her by the City. Employees have the right
to respond in writing to anything contained or placed in their personnel file and
any such responses shall become part of their personnel file.
19. Employee Performance Evaluations
Employees have the right to respond in writing to the evaluation report should
they so desire. Said responses should be submitted to the reviewer no later than
thirty days after the evaluation interview.
OUTLINE - Management 11 November 13, 2007 through June 30, 2009 Page 26
Incorporated by Reference. The following are incorporated in this Outline by reference:
City Council Resolution No. 79 -22, adopted February 13, 1979 - Grievance Policy and
Procedure
City's most current "Disability Wage Plan" as updated by City Council Resolution No.
92.174, adopted October 27, 1992
City Council Resolution 2007.178, adopted October 23, 2007 - Alternate Benefit
City Council Resolution No. 2001 -270, adopted December 11, 2001- Catastrophic Leave
City's Personnel Rules & Regulations
OUTLINE - Management 11 November 13, 2007 through June 30, 2009 Page 27
A
Adoption Benefit, 12
Alcohol, 22
Alcohol and Drugs
Alcoholic Beverages or Other Drugs, 22
Off Duty Hours, 23
Prescription Drugs, 23
Alcoholic Beverages or Other Drugs, 22
Alternate Benefit, 11
Americans with Disabilities Act, 10
Automobile Allowance, 20
C
Catastrohic Leave, 9
Compensation Adjustments, 20
Automobile Allowance, 20
Court Time Pay, 21
Critical Incident Call Out Pay, 21
Fiscal/Budgetary Impacts, 22
Paychecks, 22
Police and Fire Services, 21
Public Safety Vehicle Use, 21
Total Compensation Survey, 20
Condition of Employment, 23
Counseling Services, 19
Court Time Pay, 21
Critical Incident Call Out Pay, 21
U
Days of Work, 5
Death/Bereavement Leave, 12
Deceased Employees, 13
Deferred Income, 13
Dental Coverage, 11
Dependent Care Assitance Program, 19
Drugs, 22
E
Education, 16
Effective Date, 25
Employee Death, 10
Employee Performance Evaluations, 26
Employees Hired After July 1, 1993, 23
La
Family and Medical Leave, 10
Fiscal/Budgetary Impacts, 22
Fringe Benefits, 8
Administration, 8
Administrative Leave, 9
Adoption Benefit, 12
Americans with Disabilities Act, 10
Catastrophic Leave, 9
INDEX
Counseling Services, 19
Death/Bereavement Leave, 12
Deferred Income, 13
Dental Coverage, 11
Dependent Care Assistance Program, 19
Education and Training, 16
Employee Death, 10
Family and Medical Leave, 10
Funeral Benefit, 12
Health Care Tax -Free Dollar Account Program, 19
Hearing Aid Benefit, 10
Life Insurance, 13
Longevity and Incentive Pay, 17
Long -Term Disability Insurance, 13
Medical and Health, 10
Alternate Benefit, 11
Paternity Leave, 10
Retired, Deceased and /or Permanently and Totally
Disabled Employees, 13
Retirement Plan, 401(a), 18
Retirement Programs, 17
Sick Leave, 9
Sick Leave Accumulation, 9
Vision Coverage, 11
Funeral Benefit, 12
G
Grievance Policy and Procedure, 24
H
Health, 10
Health Care Tax -Free Dollar Account Program, 19
Hearing Aid Benefit, 10
Holidays, 6
Alternate Day Off, 6
Day of Mourning, 6
Holidays Observed, 6
Proclaimed Holidays, 6
Hours of Work, 5
Hours, Days and Period of Work
4/10 Schedule, 5
5/8 Schedule, 5
9 /80 Schedule, 5
Regular Work Period, 5
Regular Workday, 5
Incentive Pay, 17
Invalidation, 25
Replacement, 25
Suspension of Agreement, 25
L
Lap Swimming Program, 24
Life Insurance, 13
OUTLINE- Management 0 November 13, 2007 through June 30, 2009 Page 28
Light Duty, 10
Limited Duty, 10
Longevity, 17
Long -Term Disability Insurance, 13
Management Rights, 24
Medical, 10
Military Training, 7
M
W
Non - Discrimination, 25
Non - smoking Pay Premium, 23
Non - smoking Status, 23
Replacement Equipment, 19
Safety Glasses, 19
Saftety Equipment
Safety Glasses and UV Eye Protection
(Sunglasses), 19
Sick Leave, 9
Sick Leave Accumulation, 9
Smoking, 23
Condition of Employment, 23
Employees Hired After July 1, 1993, 23
Non - smoking Pay Premium, 23
Non - smoking Status, 23
Sports Center, 24
Sunglasses. See Safety Glasses and UV Eye Protection
Suspension of Agreement, 25
0 Term of Outline, 25
Off Duty Hours, 23 Effective Date, 25
Termination Date, 25
Termination Date, 25
P Training, 16
Paternity Leave, 10
Paychecks, 22
Performing Arts Center, 24
Period of Work, 5
Permanently and Totally Disabled Employees, 13
Personal Equipment, 19
PersonnelFiles, 26
Police and Fire Services, 21
Prescription Drugs, 23
Public Safety Vehicle Use, 21
0
Replacement Equipment, 19
Residency, 23
Retired Employees, 13
Retirement Plan, 401(a), 18
Retirement Programs, 17
S
Safety Equipment, 19
Personal Equipment, 19
T
Use of City Facilities, 24
Performing Arts Center, 24
Sports Center and Lap Swimming Program, 24
UV Eye Protection, 19
V
Vacation, 7
Benefit, 7
Eligibility for New Hires, 7
Maximum Accrual, 7
Schedule, 7
Schedule Based on Seniority, 7
Sellback, 7
Vision Coverage, 11
W
Work Curtailment (No Strike Clause), 25
OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 29