2007/11/27 City Council Resolution (9)RESOLUTION NO. 2007-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT,
FRINGE BENEFITS AND SALARY ADJUSTMENTS
FOR THE CONFIDENTIAL UNIT
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 Confidential
Unit dated November 27, 2007, covering the period from November 27, 2007, through June 30,
2009, be and the same is hereby approved.
DULY AND REGULARLY ADOPTED this 27th day of November, 2007.
CITY OF ROHNERT PARK
Mayor
ATTEST:
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BREEZE: NO MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (4) NOES: (1) ABSENT: (0) ABSTAIN: (0)
OUTLINE
OF CERTAIN CONDITIONS OF EMPLOYMENT
FRINGE BENEFITS, AND SALARY ADJUSTMENTS
FOR THE CONFIDENTIAL UNIT
EFFECTIVE NOVEMBER 27, 2007 - JUNE 30, 2009
TABLE OF CONTENTS
1. HOURS, DAYS, AND PERIOD OF WORK .............................................. ..............................4
2. OVERTIME /COMPENSATORY TIME ...................................................... ..............................4
2.1 Rate of Overtime Compensation ................................................... ..............................4
2.2 Compensatory Time Off ................................................................. ..............................5
2.3 Call Back .......................................................................................... ..............................5
2.4 Exempt Employees ................................................:........................ ..............................5
3. HOLIDAYS ............................................................................................... ............................... 5
3.1 Holidays Observed ...................................... ............................... ............................. 5
3.2' Proclaimed Holidays ...................................................................... ..............................6
3.3 Day of Mourning or Special Observance ..................................... ..............................6
4. VACATION ............................................................................................... ............................... 6
4.1 Vacation schedule .......................................................................... ..............................6
4.2 Maximum Accrual ........................................................................... ..............................6
4.3 Eligibility for New Hires ................................................................. ............................... 7
4.4 Discontinued Accrual after Ninety (90) Days ............................... ..............................7
4.5 Vacation Scheduling Based on Seniority ..................................... ..............................7
4.6 Regular Part-time Employees ........................................................ ..........•...................7
5. MILITARY TRAINING .............................................................................. ............................... 7
6. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS ........ ..............................7
6.1
Fringe Benefit Administration ...................................................... ............................... 7
6.2
Sick Leave ....................................................................................... ..............................8
6.3
Catastrophic Leave ......................................................................... ...................•..........9
6.4
Paternity Leave ............................................................................... ..............................9
6.5
Family and Medical Leave .............................................................. ..............................9
6.6
Light or Limited Duty ...................................................................... ..............................9
6.7
Americans with Disabilities Act .................................................... ..............................9
6.8
Payment to Beneficiary ................................................................. ...............................
9
6.9
Health Coverage ............................................................................. ..............................9
6.10
Dental Coverage ............................................................................ .............................10
6.11
Vision. Care ..................................................................................... .............................10
6.12
Adoption Benefit ............................................................................ .............................11
6.13
Death /Bereavement Leave ............................................................ .............•...............11
6.14
Funeral Benefit .................:............................................................. .............................11
6.15
Long -Term Disability Insurance ................................................... ...........................:.12
6.16
Life Insurance ................................................................................ .............................12
6.17
Deferred Income ............................................................................ .............................12
6.18
Retired, Deceased and /or Permanently and Totally Disabled Employees ...........12
6.19
Education and Training ................................................................. .............................15
6.20
Longevity Pay ................................................................................ .............................16
6.21
Educational Incentive Pay ............................................................ .............................16
6.22
Retirement Programs .................................................................... .............................17
6.23
Dependent Care Assistance Program ......................................... .............................18
6.24
Health Care Tax -Free Dollar Account Program .......................... .............................18
6.25
Hearing Aid Benefit ....................................................................... .............................18
6.26
Personal Leave .............................................................................. .............................18
OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page ii
7. SALARY ADJUSTMENTS ....................................................................... .............................18
7.1
Salary Adjustment ......................................................................... .............................18
7.2
Bilingual Pay .................................................................................. .............................19
7.3
Paychecks ...................................................................................... .............................19
8. ALCOHOL AND DRUGS ......................................................................... .............................19
8.1
Alcoholic Beverages or Other Drugs ........................................... .............................19
8.2
Off Duty Hours ............................................................................... .............................19
8.3
Prescription Drugs ........................................................................ .............................19
9. SMOKING ................................................................................................ .............................20
9.1
Non - smoking Pay Premium .......................................................... .............................20
9.2
Non- smoking Status ...................................................................... .............................20
9.3
Condition of Employment ............................................................. .............................20
9.4
Employees Hired After July 1, 1993 ............................................. .............................20
10.
RESIDENCY ........................................................................................ .............................20
11.
GRIEVANCE POLICY AND PROCEDURE ........................................ .............................20
12.
USE OF CITY FACILITIES .................................................................. .............................21
12.1
Use of Sports Center and Lap Swimming Program ................... .............................21
12.2
Performing Arts Center ................................................................. .............................21
13.
MANAGEMENT RIGHTS .................................................................... .............................21
14.
WORK CURTAILMENT (NO STRIKE CLAUSE) ............:................... .............................21
15.
PERSONNEL RULES AND REGULATIONS ..................................... .............................22
16.
TERM OF OUTLINE ............................................................................ .............................22
16.1
Effective Date ............................................................................... ...............................
22
16.2
Termination Date ................ ........................................................................................
22
17.
INVALIDATION .................................................................................. ...............................
22
17.1
Suspension of Agreement ............................................................ .............................22
17.2
Replacement .................................................................................. .............................22
OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page iii
This Outline is a document that describes conditions of employment, fringe benefits and
salary for employees in the Confidential Unit.
The Confidential Unit currently consists of employees occupying the classifications of:
Accounting Manager
Accounting Services Supervisor
Administrative Assistant to the City Manager
Administrative Assistant to the Director of Public Safety
Deputy City Clerk
Human Resources Analyst
Human Resources Technician
Management Analyst (Confidential)
Payroll Specialist
Secretary I
Secretary 11 (City Manager's Office)
Secretary 11 (Office of the Director of Public Safety)
1. HOURS, DAYS, AND PERIOD OF WORK
Unless an alternative work schedule is otherwise pre- approved by the City
Manager the hours, days and period of work shall be as follows:
(a) Regular Workday - The regular workday is eight (8), nine (9), or ten (10)
hours of work as may be determined from time to time by mutual agreement
of an employee and his /her. supervisor.
(b) Regular Days of Work - The regular workweek for all employees shall consist
of five (5) days, Monday through Friday. As may be determined from time to
time my mutual agreement of an employee and his /her supervisor, the
employee may volunteer for a workweek other than defined in this section.
(c) Regular Work Period - A regular work period shall be forty (40) hours to be
worked within the established seven (7) day work period beginning at 12:01
a.m. on Monday and ending at 12 midnight on Sunday.
2. OVERTIME /COMPENSATORY TIME
2.1 Rate of Overtime Compensation
Overtime compensation at the rate of one and one -half times the
employee's regular hourly rate shall be paid for all hours worked;
(a) In excess of eight (8) nine (9), or ten (10) hours in any one
workday.
(b) In excess of forty (40) hours in any workweek.
(c) On any Saturday or Sunday, or Holiday as defined by this Outline.
OUTLINE- Confidential 11 November 27, 2007 through June 30, 2009 Page 4
2.2 Compensatory Time Off
A maximum of eighty (80) hours of compensatory time off may be
accrued by an employee by mutual agreement of the employee and the
Supervisor.
2.3 Call Back
Employees who are called back to work after having left the work site
shall be entitled to double time, with a minimum of two (2) hours' double
time pay.
2.4 Exempt Employees
Section 2.1 shall not apply to those positions that do not receive
overtime pay, specifically the Accounting Manager, Deputy City Clerk
and Management Analyst. These positions are exempt under the Fair
Labor Standards Act. This list is subject to change due to position
reclassifications or the creation of new positions.
In calendar year 2008, exempt employees in the Confidential Unit shall
receive up to one- hundred five (105) hours of Administrative Leave per
calendar year. In calendar year 2009, the employees in the Confidential
Unit shall receive up to ninety (90) hours of Administrative Leave per
calendar year. Any unused Administrative Leave hours on a calendar -
year basis shall not be carried over. Use of Administrative Leave is
unrestricted.
Up to sixty (60) hours of earned, but not taken, Administrative Leave
may be paid in cash or its equivalent value applied towards an
approved benefit program. Requests for pay of this leave shall be
submitted to the City Manager. Employees are limited to one request
per calendar year. Requests must be submitted on or before November
15. Payment shall be made no more than 30 days subsequent of the
approval of the request by the City Manager.
3. HOLIDAYS
3.1 Holidays Observed
The holidays observed by the City will be:
"New Years Day ", January 1, 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, 2008
The first Monday in September, "Labor Day," September 1, 2008
"State Admission Day," September 9, 2008
The second Monday in October, "Columbus Day," October 13, 2008
OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 5
"Veteran's Day," November 11, 2008
The fourth Thursday in November, "Thanksgiving Day," November 27,
2008
Day after "Thanksgiving," November 28, 2008
12:00 Noon to 5:00 p.m. on December 24, 2007 and December 24,
2008
"Christmas Day," December 25, 2007 and December 25, 2008
3.2 Proclaimed Holidays
Every day proclaimed by the President, Governor or Mayor of the City
as a public holiday and made applicable to City employees.
3.3 Day of Mourning or Special Observance
Each day that the Governor declares a day of mourning or special
observance as a holiday for State employees if the declaration makes it
applicable to City employees.
4. VACATION
4.1 Vacation schedule
Vacation schedule shall be as follows as of July 1, 2004:
Years of Service
Inclusive
Monthly Vacation
Rate
Annual
Vacation Hours
Up to 2 years
8.667 hours
104
3 to 5 years
10.000 hours
120
6 to 10 years
12.000 hours
144
11 to 15years
14.000 hours
168
Over 15 years
15.333 hours
184
4.2 Maximum Accrual
(a) Vacation may be accumulated to a maximum of four - hundred (400)
hours.
(b) Once per calendar year, employees shall have the option to sell
back to the City up to one -half of the employee's maximum, annual
accrual of vacation time. Requests for vacation sell back must be
submitted on or before November 15. The rate of the sell back shall
be the employee's current and regular salary on the day the sell
back request is approved. The sell back shall occur during a pay
period that is no more than 30 days from the day the sell back
request is approved. To qualify for vacation sell back, employees
must have accrued at least eighty (80) hours of vacation time as of
the day the sell back request is approved and must have used a
minimum of eighty (80) hours of vacation time within the twelve (12)
months prior to the day the sell back request is approved.
OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 6
4.3 Eligibility for New Hires
Employees must work a minimum of six (6) months before any vacation
earned will be credited to said employee.
4.4 Discontinued Accrual after Ninety (90) Days
Vacation benefits shall be earned and accrued to employees who are
actively working or are taking paid leave due to an approved City
program or benefit. Vacation benefits do not accrue to employees on
absences from work for over ninety (90) consecutive days whereas the
employees become eligible for the City's disability program for either
industrial or non - industrial injury or sickness.
4.5 Vacation Scheduling Based on Seniority
Preference for vacation scheduling will be on the basis of seniority
within classification.
4.6 Regular Part-time Employees
Regular part-time employees' fringe benefits shall be as provided in City
Council Resolution No. 80.140, adopted August 11, 1980.
5. MILITARY TRAINING
The City grants military leave to all employees for service in a uniformed service
in accord with Federal law, the Military and Veterans' Code of California and City
Resolution No. 2003 -71. The employee must notify his /her supervisor of
upcoming military duty as soon as he /she becomes aware of his /her obligation.
An eligible employee pursuant to the Military and Veterans Code who is ordered
to active military duty or training shall receive compensation in accordance
Section 395.01 of the California Military and Veterans Code. In addition, the
employee shall have continued benefits as provided by Federal and State law. In
such cases, the employee shall submit his /her military earning statement to the
Human Resources Department to assist in calculating the employee's salary. In
no event, will the employee be compensated in excess of his /her normal City
salary. Employees will receive any merit and /or general salary increased for
which they become eligible during military leave.
6. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS
6.1 Fringe Benefit Administration
The City reserves the right to select the insurance carrier(s) or to self -
administer any of the fringe benefit programs provided during the term
of this Outline. In the event that any offered health plan is no longer
offered, the City agrees to provide a suitable replacement health plan
that is substantially comparable.
All benefits provided under this section (Section 6) are subject to the
characteristics of each individual benefit program.
The value or availability of the benefits provided in this Outline as
originally worded or as amended from time -to -time may depend on their
tax treatment by the State or Federal government or the decisions of
OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 7
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 Outline are limited to the direct cost of
providing the salary and benefits as described in this Outline. The City
shall have no additional financial obligation, even if the tax or other
treatment of such salary or benefits by other agencies or departments
reduces or eliminates their value to the employee.
(a) The City will continue all employee benefits and pay the appropriate
premiums, as specified in the applicable section(s) of this Outline,
due for an employee out on an authorized leave while an employee
is being compensated by vacation accrued time, compensatory
time, industrial sick leave time and /or non - industrial sick leave time.
(b) Employee may continue certain employee benefits during an
authorized leave without pay for the period of the authorized leave
by making payment to the City for said benefits.
(c) If there is any inconsistency between this section and the Personnel
Rules and Regulations, the Personnel Rules and Regulations shall
govern.
6.2 Sick Leave
(a) Sick leave benefits for regular employees hired before July 1, 1993
shall be as provided in the City's most current "Disability Wage
Plan ". Each employee covered by this Outline shall be provided a
copy of the aforementioned "Disability Wage Plan."
(b) For regular employees hired after July 1, 1993, the following sick
leave program will be provided:
Sick Leave Accumulation
Each employee shall earn and may accumulate sick leave as follows:
Hours Earned
Monthly
Hours Earned
Annually
Maximum Hours
of Accumulation
8
96
1 1200
(c) Any employee hired before July 1, 1993, may voluntarily elect to
participate in the sick leave program as provided in Section 6.2 (b)
above with the following conditions:
1. That employee may convert only any unused full -time sick leave
balance from the Disability Wage Plan Sick Leave Program as
provided in Section 6.2 (a) above. Employees may convert up to
a maximum of 1,200 hours. Any unused half -pay benefits will be
forfeited and not subject to conversion under this section.
OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 8
2. Once an employee voluntarily elects to participate in this sick
leave program, he /she shall remain in same with no return
privileges.
6.3 Catastrophic Leave
Leave benefits shall be provided as outlined in City Council Resolution
No. 2001 -270, adopted December 11, 2001.
6.4 Paternity Leave
Regular employees may use up to three (3) days accrued sick leave for
paternity leave, following the birth of a child.
6.5 Family and Medical Leave
Employees may request an unpaid leave of absence under the
California Family Rights Act (CFRA) and /or the Federal Family Medical
Leave Act (FMLA). Requests for family and medical leave shall comply
with the requirements of the CFRA and /or the FMLA.
6.6 Light or Limited Duty
Employees injured or ill from either on-the-job (industrial) or off-the-job
(non - industrial) causes may, at the City's sole discretion, be assigned to
light, limited, or modified duty. They may involve duties that differ from
the normal work duties of the employee. Such light, limited, or modified
duty shall terminate when the employee is physically able to perform all
his /her normal work duties. By virtue of this paragraph, the City does
not intend to create any permanent light, limited or modified positions
6.7 Americans with Disabilities Act
The City recognizes it has an obligation under law to comply with the
Americans with Disabilities Act (ADA).
6.8 Payment to Beneficiary
Upon death of an employee, any unused vacation and compensatory
time shall be paid to the employee's surviving spouse or beneficiary. In
the absence of a spouse or beneficiary, any unused vacation and
compensatory time shall be paid to the primary beneficiary specified by
the employee on the employee's enrollment beneficiary card for City
provided life insurance.
6.9 Health Coverage
Employees will have a choice of Kaiser Foundation Health Plan, Inc.,
California North Region (S Coverage), 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
OUTLINE- Confidential 11 November 27, 2007 through June 30, 2009 Page 9
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, the City shall make an effort to
maintain the level of benefits as provided for in this Outline.
(c) Alternate Benefit
Eligible employees may receive an alternate benefit of $350.00 per
month when having health insurance from a source other than the
City. This benefit shall be provided as outlined in City Council
Resolution No. 2007 -178, adopted October 23, 2007.
6.10 .Dental Coverage
The City shall continue to provide, at no premium cost to employees,
dental service coverage for employees, spouses, domestic partners,
and dependents. The plan offered by the City shall be the Delta Dental
Preferred Option, which for. the most part, but with some exceptions,
provides the following City coverage:
(a) One hundred percent (100 %) of the cost of diagnostic and
preventative care.
(b) Eighty -five percent (85 %) of the cost of basic dental services.
(c) Eighty -five percent (85 %) of the cost of crowns and restorations
(including implants).
(d) Fifty percent (50 %) of the cost of prosthodontics.
(e) Two thousand dollar ($2,000) maximum benefit for dental services
per person per year.
(f) Fifty percent (50 %) of the cost of orthodontics with a three thousand
five hundred dollar ($3,500) lifetime maximum benefit per person.
6.11 Vision Care
The City will provide, at no premium cost to employees, the 12/12/12
Vision Service Plan with supplemental coverage for the employee,
employee's spouse, domestic partner, and dependents as generally
follows:
(a) A vision exam every twelve (1 2) months.
(b) Prescription glasses consisting of lenses and frames every twelve
(12) months. Lenses include single vision, lined bifocal, lined
trifocal, tints and photo chromic lenses. Frames of the employee's
choice will be provided up to a maximum of one hundred and twenty
dollars ($120). Employee will receive a twenty percent (20 %)
discount on any out -of- pocket costs incurred for frames.
(c) In lieu of glasses, contacts with an allowance of one hundred and
five dollars ($105). The allowance applies to the cost of contact
lenses and the fitting and evaluation exam. The exam is in addition
to the vision exam.
OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 10
(d) A second pair of prescription glasses or contact lenses every twelve
(12) months subject to a twenty dollar ($20) co -pay.
(e) Contact lenses, in addition to glasses, every twelve (12) months
subject to a fifty dollar ($50) co -pay. One day disposable contacts
are covered up to a four hundred dollar ($400) maximum allowance.
(f) Primary Eye Care with urgent or non - surgical eye care benefits
subject to a five dollar ($5) co -pay per office visit. Examples of
primary eye care include, but are not limited to, exams to diagnose
pain in the eye, exams to monitor the progress of pre - surgical
cataracts, diagnosis and tests for loss of vision, and treatment and
management of glaucoma.
(g) Laser surgery discount (PRK, Lasix/Custom Lasik).
6.12 Adoption Benefit
The City will provide one - thousand dollars ($1,000) per child cash
benefit to employees adopting minor children to help offset the cost of
adoption. This cash benefit does not include the cost of adopting step -.
children, i.e. children of present spouse.
6.13 Death /Bereavement Leave
(a) A regular employee shall be paid up to three (3) days of
bereavement leave when there is a death in their immediate family.
(b) Additionally, a regular employee may, subject to approval of the
Supervisor, use two (2) additional days of the employee's accrued
sick leave if the employee must travel out of the area, i.e. at least
two hundred and fifty (250) miles one way.
(c) Immediate family in this case means: spouse, domestic partner,
father, father -in -law, mother, mother -in -law, brother, brother -in -law,
sister, sister -in -law, child (including step - children), step - parents,
aunts, uncles, grandparents, grandparent -in -law, grandchildren,
relationships in loco- parentis, and close personal relationships with
the approval of the City Manager or his /her designee.
(d) It is understood that the definition of immediate family provided in
Section 6.13 (c) above supersedes the definition in the City's most
current "Disability Wage Plan ".
6.14 Funeral Benefit
The City will provide fifty percent (50 %) co- payment, not to exceed two
thousand dollars ($2,500), for funeral expenses for an employee or their
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 - Confidential ❑ November 27, 2007 through June 30, 2009 Page 11
6.15 Long -Term Disability Insurance
The City shall provide, at no premium cost to employees, long -term
disability income protection insurance coverage. The basic benefit shall
be sixty six and two thirds percent (66 2/3 %) of the employee's monthly
base pay. In no event shall the employee receive more than full salary.
The benefits provided under this section are subject to the
characteristics of the individual program.
(a) The waiting period for the above long -term disability benefits plan
shall be ninety (90) days.
6.16 Life Insurance
(a) The City will continue to provide, at no premium cost to employees,
fifty thousand dollars ($50,000) life insurance coverage for
employees and one thousand dollars ($1,000) for dependents. This
coverage includes accidental death and dismemberment benefits.
(b) The City will allow, subject to the insurance carrier's approval, any
employee to purchase, at his /her own cost, additional life insurance
coverage under the City's group program.
6.17 Deferred Income
The City will continue to make available to the employees a deferred
income program, now being administered by Nationwide Retirement
Solutions and International City Management Association (ICMA) or a
similar program with another institution acceptable to the City.
6.18 Retired, Deceased and/or Permanently . and Totally Disabled
Employees
The City agrees to provide /offer and pay the appropriate premium(s), as
specified in the applicable section(s) of this agreement, for City
offered /provided medical insurance, life insurance, dental program, and
vision care benefits only to the following:
(a) -To regular full -time and regular part -time employees who have at
least ten (10) years of continuous service with the City and who
retire upon reaching retirement age or thereafter and are receiving a
retirement allowance from the . California Public Employees'
Retirement System (CalPERS). Coverage will extend to eligible
dependents. Said employees shall be referred to as "Retired
Employees."
(b) To regular full -time or regular part -time employees who:
1. Have at least ten (10) years of continuous service with the City,
and;
2. Are retired forthwith from the City of Rohnert Park service into
the CalPERS at the time of permanent or total disability, and;
OUTLINE - Confidential 11 November 27, 2007 through June 30, 2009 Page 12
3. Are permanently and totally disabled from their occupation and
unable to perform with reasonable continuity the material duties
of their own occupation.
After twenty -four (24) months if gainful employment is obtained in an
occupation in which the material duties are reasonably fitted by
education, training, experience and compensation to the occupation
at the time of disability, the employee shall no longer be considered
permanently and totally disabled from their occupation. In such
circumstances, benefits shall be discontinued.
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 partner and legal dependents of
a regular full -time or regular part -time employee who died while a
City employee after ten (10) or more years of continuous service
with the City. Said employee shall be referred to as a "Deceased
Employee."
(d) Benefits provided under this section shall be coordinated with Medi-
Care, Medi -Cal, and any other welfare program available of which
said benefit coverage shall be considered primary and City provided
coverage in turn considered secondary.
(e) All benefits provided under this section are subject to the
characteristics of each individual benefit program. The life insurance
to be provided will be the life insurance plan amount in effect and in
accordance with the provisions of the life insurance program as of
the date of employee's retirement.
(f) The benefits provided under this section will continue for such
retired employees and their spouse, domestic partner and legal
dependents, if any, while said retired employee is alive. In the event
of the retired employee's death, coverage will continue for the
spouse or domestic 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.
OUTLINE - Confidential 0 November 27, 2007 through June 30, 2009 Page 13
(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:
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 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.
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(j) Members of the Confidential Unit retiring on or before June 30, 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.
(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 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.
(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 the City will be considered secondary to
the coverage provided by the spouse's or domestic partner's
employer, and his /her employer's coverage shall be considered
primary.
6.19 Education and Training
The City desires to encourage employees to advance their education
and training. The City will provide an education and training assistance
program to provide reimbursement to employees for tuition and book
costs only for attending and completing, with a satisfactory grade (C or
better), courses in the adult high school program, at Santa Rosa Junior
College, at Sonoma State University or any other accredited
educational institution acceptable to the City. All courses or classes for
which reimbursement will be requested must be previously approved by
the Supervisor and the City Manager prior to the start of said classes
and approval requested on the appropriate City form. For general
guidance, acceptable courses will be those courses which are
necessary to receive a Bachelor, Master, Doctorate degree or that apply
to the receipt of a professional certification. The maximum allowed
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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.
The City acknowledges that the work schedule of its Confidential
Employees may require the participation in a "working professionals"
program ' such as the program offered locally by the University of San
Francisco. The tuition costs of working professionals programs are
substantially higher than SRJC and SSU. To encourage the continuing
education of employees, the City will allow the employee to submit an
annual reimbursement of their tuition /books /materials costs while they
remain employed. See example below:
Tuition of Master of Public Administration Program = $7,200
Year One reimbursement = $3,600, Employee remaining debt = $3,600
Year Two reimbursement = $3,600, Employee remaining debt = 0
The updated reimbursement provision is intended to apply for tuition
related costs on or after January 1, 2008. The reimbursement benefit is
available to employees throughout the term of this outline, but it does
not obligate the City to tuition expenses beyond the expiration on the
terms of this agreement.
6.20 Longevity Pay
The City shall continue to provide longevity pay to employees based on
continuous years of service, as defined in Section 6.18 (i) as follows:
Completed Years of Service
Pay Percentage Increases
5 years
2%
For each completed year
1/2%
thereafter
The maximum longevity pay percentage to be paid shall be ten percent
(10 %) of base pay. The "completed years of service" will be determined
on January 1st and July 1st only and not on an employee's employment
anniversary date.
For employees hired after 10/10/95, the longevity program as outlined
above does not apply.
6.21 Educational Incentive Pay
(a) Bachelor's Degree
The City will provide a $50.00 per month stipend to an employee
possessing a Bachelor of Science or Arts Degree under the
following terms and conditions:
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1) An employee must have been hired after 10/10/95 and not be
eligible for longevity pay as outlined in Section 6.20.
2) The Bachelor of Science or Arts Degree is not a minimum
.qualification or educational requirement in the employee's
class specification.
(b) Master's Degree
The City will provide a $50.00 per month stipend to an employee
possessing a Master of Science or Arts Degree under the following
terms and conditions:
1) An employee must have been hired after 10/10/95 and not be
eligible for longevity pay as outlined in Section 6.20.
2) The Master of Science or Arts Degree is not a minimum
qualification or educational requirement in the employee's
class specification.
(c) By providing educational stipends the City does not infer, intend or
agree to meet and confer or meet and consult over minimum
qualifications or educational requirements for any position covered
by this Outline. The City at its sole discretion, and as its exclusive
right, determines position qualifications.
6.22 Retirement Programs
(a) Effective July 1, 2007, the City will provide the California Public
Employees' Retirement System (CaIPERS) two and seven tenths
percent (2.7 %) at fifty -five (55) retirement program to miscellaneous
member employees.
(b) The City will continue to provide the "one -year highest
compensation" optional provision in its contract with CaIPERS.
(c) The City will absorb any employer contribution rate increases for
miscellaneous members required by CaIPERS. Miscellaneous
employees will contribute one percent (1 %) of the employer's
contribution.
(d) The City will modify the CaIPERS Annual Cost -of- Living Allowance
Increase (Section 21335) to provide for a 2.0% annual maximum
cost -of- living increase for employees hired after December 31,
2007. Employees hired prior to December 31, 2007 shall be eligible
for the 5.0% annual maximum cost -of- living allowance increase as
defined in Section 21335.
(e) The City pays eight percent (8 %) of the employee's contribution into
CaIPERS for all miscellaneous members of the confidential unit as
indicated in Section 5.23 of this outline.
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The City shall report eight percent (8 %) of the Employer Paid
Member Contributions (EPMC) to CalPERS as additional
compensation for all miscellaneous members of the Confidential
Unit.
The City will report the value of the EPMC in accordance with all
applicable provisions of the Government Code, law and
requirements of the CalPERS.
The City makes no representation concerning the value of this
benefit or how it may be taxed or treated by other agencies either
presently or in the future. The City's obligation under this section is
limited to the direct cost of providing the benefit as described. The
City shall assume no further or additional financial obligation even if
an outside agency imposes or determines there to be a financial
obligation for the City or the employee.
6.23 Dependent Care Assistance Program
The City. will continue to provide the Dependent Care Assistance
Program (DCAP) as authorized by the Internal Revenue Service for the
set -aside of employee pre -tax dollars for childcare as approved by the
Internal Revenue Service (IRS) and the California Franchise Tax Board.
6.24 Health Care Tax -Free Dollar Account Program
The City will continue to provide the Health Care Tax -Free Dollar
Account Program as authorized by the Internal Revenue Service for the
set -aside of employee pre -tax dollars for the cost of monthly health care
premiums as well as eligible unreimbursed medical expenses, as
approved by the Internal Revenue Service (IRS) and the California
Franchise Tax Board.
6.25 Hearing Aid Benefit
The City will reimburse an employee eighty -five percent (85 %) with a
lifetime maximum of three thousand dollars ($3,000) for hearing aid
device(s).
6.26 Personal Leave
Each employee, who is in a paid status, shall be granted sixteen (16)
hours of time each fiscal year for Personal Leave. Personal Leave may
be taken as time off only on day(s) mutually agreeable to the employee
and his /her Supervisor. The leave shall not carry over into the next
fiscal year.
7. SALARY ADJUSTMENTS
7.1 Salary Adjustment
(a) Salaries will not be subject to a general wage increase during the
term of this Memorandum of Agreement.
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(b) During the term of this Outline, the City will conduct a total
compensation survey and provide the survey results to the
Confidential Unit no later than January 1, 2009. The Cities of Santa
Rosa and Petaluma, and the County of Sonoma will be included in
the survey.
7.2 Bilingual Pay
Special compensation shall be given to employees in the Rohnert Park
Confidential Unit who possess bilingual skills. That is, when the City
designates a position or person as bilingual proficient such an employee
in the designation shall first demonstrate a language proficiency of job -
related terminology acceptable to the Supervisor and the City Manager.
Thereafter, the employee shall be entitled to bilingual pay at the rate of
fifty dollars ($50) per pay period. Said employee shall be subject to re-
testing. Bilingual designation shall be at the sole discretion of the City.
7.3 Paychecks
Paychecks shall be distributed by the City to employees by.noon on
payday.
8. ALCOHOL AND DRUGS
The City and the Confidential Unit agree to continue to work together to assist
any employees who have an alcohol, alcohol related, drug, or substance abuse
problem. It is mutually acknowledged that continued cooperative efforts will give
employees a much better opportunity to recover from this very serious health
problem.
Since certain City employees are required to drive City vehicles, to think clearly
and act responsibly as well as use various types of equipment, and it is known
that drinking alcoholic beverages or taking certain drugs may slow a person's
reflexes and ability to think clearly. The probability of having an accident is
increased after drinking alcohol or taking certain drugs. The City recognizes that
this situation could place the employee as well as co- workers and the public at
risk of injury.
8.1 Alcoholic Beverages or Other Drugs
.Alcoholic beverages, or other drugs which affect an employee's ability
to drive or function safely, shall not be used by employees during their
assigned regular workday, nor while on assigned standby duty.
8.2 Off Duty Hours
If an employee who has been drinking alcohol or using a drug which
may impair the employee's ability to drive or function safely receives a
call to return to work during off duty ours, the employee must decline
the request to work.
8.3 Prescription Drugs
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Employees using prescription drugs which affect the employee's ability
to work safely must inform their supervisor and may be assigned to
other appropriate duties or required to take sick leave.
9. SMOKING
9.1 Non - smoking Pay Premium
In recognition of the nation -wide concern with use of tobacco and the
relationship it has to disease, the City agrees to continue to provide a
$25 pay premium to employees hired before July 1, 1993 and who
refrain completely from the use of tobacco in any form. Any employee
deceiving the pay premium for not using tobacco and who starts using
tobacco, shall rebate to the City all paid non - smoking premium paid by
the City to said employee during the immediate twelve (12) months
preceding.
9.2 Non - smoking Status
Employees hired with a condition that they not smoke shall be required
to remain non- smokers throughout their employment. A non - smoker
shall not smoke or use any tobacco product either on or off -duty while
employed. An affidavit signed on a periodic basis by employees shall be
used to verify continued non - smoking status.
9.3 Condition of Employment
The City intends to hire new employees with the clearly expressed
condition of employment that they refrain from smoking. The City
acknowledges its right to take appropriate disciplinary actions should
any such employee hired after the effective date of this Outline violate
the agreed upon conditions of employment. Prior to final disciplinary
action being taken, the City will refer the employee to the employee
assistance program for consultation and referral.
9.4 Employees Hired After July 1, 1993
The City and Confidential Unit acknowledge that due to the City's
commitment to hiring employees with the clearly 'expressed condition of
employment that they refrain from smoking, that employees hired after
July 1, 1993 shall not receive a $25 pay premium for not smoking.
10. RESIDENCY
All employees are encouraged to reside within the City. For the term of this
Outline, all employees residing within Rohnert Park shall receive a $60 per
month residency bonus. At the discretion of the City Manager, said residency
bonus may increase to no more than $65 per month at any time during the term
of this Outline.
11. GRIEVANCE POLICY AND PROCEDURE
The City will comply with the grievance procedure as outlined in Resolution No.
79 -22, adopted February 13, 1979. Failure to meet any timeline or specifically
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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 12. Other activities requiring payment of a fee can be
discussed with the City Manager for consideration of a waiver of part or
the entire fee.
12.2 Performing Arts Center
The City agrees to provide each employee with four tickets to a
Performing Arts Center performance during each fiscal year (July to
June) at no charge to the employee. The City will provide employees
with a choice of at least four dates.
13. MANAGEMENT RIGHTS
Except as limited in this Outline and applicable State laws, the exclusive rights of
the City shall include, but not be limited to, the right to determine the organization
of city government and the purpose and mission of its departments and
agencies, to determine the nature, levels and mode of delivery and to set
standards of service to be offered to the public; and through its management
officials to exercise control and discretion over its organization and operations; to
establish and effect administrative regulations which are consistent with law and
the specific provisions of this Outline; to direct its employees and establish
employee performance standards and to require compliance therewith; to take
disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold
salary increases and benefits, or otherwise discipline employees subject to the
requirements of applicable laws; to lay off its employees whenever their positions
are abolished, or whenever necessary because of lack of work or lack of funds,
or other legitimate reasons; to determine whether goods or services shall be
made, purchased, or contracted for; to determine the methods, means, and
numbers and kinds of personnel by which the City's services are to be provided;
including the right to schedule and assign work and overtime; and to otherwise
act in the interest of efficient service to the City; and to take all necessary actions
to protect the public and carry out its mission in emergencies.
14. WORK CURTAILMENT (NO STRIKE CLAUSE)
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,
OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 21
speed -up, work to rule or any other type of job action, curtailment of work,
restriction of production or restriction of service during the term of this Outline.
15. PERSONNEL RULES AND REGULATIONS
The City agrees to meet and confer with the Rohnert Park Confidential Unit on
any updates or changes to the Personnel Rules & Regulations.
16. TERM OF OUTLINE
16.1 Effective Date
This Outline is to become effective on November 27, 2007.
16.2 Termination Date
This Outline will terminate on June 30, 2009.
17. INVALIDATION
17.1 Suspension of Agreement
If during the term of this Outline, any item or portion thereof of this
Outline is held. to be invalid by operation of any applicable law, rule,
regulation, or order issued by governmental authority or tribunal of
competent jurisdiction, or if compliance with or enforcement of the item
or portion thereof shall be restrained by any tribunal, such provision of
this Outline shall be immediately suspended and be of no effect
hereunder so long as such law, rule, regulation, or order shall remain in
effect. Such invalidation of a part or portion of this Outline shall not
invalidate any remaining portion which shall continue in full force and
effect.
17.2 Replacement
In the event of suspension or invalidation of any article or section of this
Outline, the City agrees, that except in an emergency situation, to arrive
at a satisfactory replacement for such article or section.
18. NON- DISCRIMINATION
The City acknowledges that in receiving the benefits afforded by this Outline, no
person shall in any way be favored or discriminated against to the extent
prohibited by law 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.
19. 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.
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20. EMPLOYEE PERFORMANCE EVALUATIONS
Employees have the right to respond in writing to the evaluation report should
they so desire. Said responses should be submitted to the reviewer no later than
thirty (30) days after the evaluation interview.
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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
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