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2008/05/27 City Council Resolution 2008-77RESOLUTION NO. 2008-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AS AMENDED THE OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS AND SALARY ADJUSTMENTS FOR THE MANAGEMENT UNIT WHEREAS, on February 12, 2008, the City Council, by Resolution No. 2008 -21, amended the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Management Unit covering the period from November 13, 2007, through June 30, 2009 ( "Confidential Outline "); WHEREAS, the City Council wishes to amend Section 5.12, Dental Coverage, to strike references to dental implant coverage and related items, as the City has determined it cannot extend this benefit at this time; and WHEREAS, it is the City Council's intention that this amended Management Outline supersede all previously approved versions of same. NOW, THEREFORE, 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 May 27, 2008, covering the period from November 13, 2007, through June 30, 2009, be hereby approved as amended and shall supersede all previously approved versions of same. DULY AND REGULARLY ADOPTED this 27th day of May, 2008. CITY OF ROHNERT PARK BREEZE: NO SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (4) NOES: (1) ABSENT: (0) ABSTAIN: (0) OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR THE MANAGEMENT UNIT MAY 27, 2008 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 .................................................................................. .............................18 5.24 401(a) Retirement Plan ............................................................................... .............................19 5.25 Dependent Care Assistance Program .................................................... .............................19 5.26 Health Care Tax -Free Dollar Account Program .................................... .............................19 5.27 Counseling Services ................................................................................... .............................19 OUTLINE - Management E November 13, 2007 through June 30, 2009 - Page II 6. SAFETY EQUIPMENT ....................................................................................... .............................19 6.1 Replacement Equipment ............................................................................ .............................19 6.2 Personal Equipment .................................................................................... .............................20 6.3 Safety Glasses and UV Eye Protection (Sunglasses) ........................ .............................20 7. COMPENSATION ADJUSTMENTS ................................................................ .............................20 7.1 Total Compensation Survey ...................................................................... .............................20 7.2 Automobile Allowance ................................................................................ .............................21 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 ............................................................................ .............................22 7.7 Paychecks ...................................................................................................... .............................22 7.8 Fiscal /Budgetary Impacts .......................................................................... .............................22 8. ALCOHOL AND DRUGS ................................................................................. ............................... 23 8.1 Alcoholic Beverages or Other Drugs ...................................................... .............................23 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 .......................................................................... .............................24 9.4 Employees Hired After July 1, 1993 ........................................................ .............................24 10. RESIDENCY ........................................................................................................ .............................24 11. GRIEVANCE POLICY AND PROCEDURE .................................................. ............................... 24 12. USE OF CITY FACILITIES .............................................................................. ............................... 24 12.1 Use of Sports Center and Lap Swimming Program ............................ .............................24 12.2 Performing Arts Center .............................................................................. .............................25 13. MANAGEMENT RIGHTS ................................................................................ ............................... 25 14. WORK CURTAILMENT (NO STRIKE CLAUSE) ........................................ ............................... 25 15. TERM OF OUTLINE ........................................................................................... .............................25 15.1 Effective Date ................................................................................................ .............................25 15.2 Termination Date .......................................................................................... .............................25 16. INVALIDATION ................................................................................................. ............................... 26 16.1 Suspension of Agreement ......................................................................... .............................26 16.2 Replacement ................................................................................................. .............................26 OUTLINE - Management l November 13, 2007 through June 30, 2009 Page III 17. NON - DISCRIMINATION .................................................................................. ............................... 26 18. PERSONNEL FILES ........................................................................................ ............................... 26 19. EMPLOYEE PERFORMANCE EVALUATIONS ............................................ .............................26 APPENDIX A: ELIGIBLE EMPLOYEES RETIRING BY JUNE 30, 2008 ............................... ............................... 28 OUTLINE - Management C_ 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 may be determined from time to time by mutual agreement of an employee and his /her supervisor, the employee assigned to the 4/10 Schedule may volunteer for a workweek other than defined in this section. (d) Regular Days of Work for the 9/80 Schedule - The regular workweek for employees assigned to the 9/80 Schedule shall consist of four (4) consecutive workdays of nine (9) hours during one seven (7) day regular work period, followed by four (4) consecutive workdays of nine (9) hours plus one workday of eight (8) hours during the second seven (7) day regular work period. As may be determined from time to time by mutual agreement of an employee and his /her supervisor, the employee assigned to the 9/80 Schedule may volunteer for a work week other than defined in this section. (e) Regular Work Period - A Regular Work Period shall be the seven (7) day work period beginning at 12:01 a.m. on Monday and ending at 12 midnight on Sunday. OUTLINE - Management C 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 C November 13, 2007 through June 30, 2009 Page 6 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 (CalPERS). 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 L 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 elects to participate in this sick leave program, he /she shall remain in same with no return privileges. 5.4 Catastrophic Leave Leave benefits shall be provided as outlined in City Council Resolution No. 2001 -270, adopted December 11, 2001. 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. (d) One hundred percent (100 %) of the cost of prosthodontics. (e) Two thousand dollars ($2,000) maximum benefit for dental services per person per year. (f) One hundred (100 %) of the cost of orthodontics with a three thousand five hundred dollar ($3,500) lifetime maximum benefit per person. Dental service coverage shall be based upon the Delta Dental rates and services provided by Delta Dental providers. The City will pay any co- payment required as a result of services provided under City dental program by a Delta Dental provider. 5.13 Vision Coverage The City will provide, at no premium cost to employees, the 12/12/12 Vision Service Plan with supplemental coverages for the employee, employee's spouse, domestic partner, and dependents as generally follows: (a) A vision exam every twelve (12) months. (b) Prescription glasses consisting of lenses and frames every twelve (12) months. Lenses include single vision, lined bifocal, lined trifocal, tints and photochromic lenses. Frames of the employee's choice will be provided up to a maximum of one hundred and twenty dollars ($120). Employee will receive a twenty percent (20 %) discount on any out -of- pocket costs incurred for frames. (c) In lieu of glasses, contacts with an allowance of one hundred and five dollars ($105). The allowance applies to the cost of contact lenses and" the fitting and evaluation exam. The exam is in addition to the vision exam. OUTLINE- Management ri November 13, 2007 through June 30, 2009 Page 11 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 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 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 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. After twenty -four (24) months if gainful employment is obtained in an occupation in which the material duties are reasonably fitted by OUTLINE - Management [ November 13, 2007 through June 30, 2009 Page 13 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. 4. Said employees shall be referred to as "Retired Employees" except for the circumstance noted above in which the employee is no longer permanently and total disabled. 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 partners until the spouse or domestic partner dies or remarries. 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 highest level of benefit provided for active employees for City provided /offered medical insurance; life insurance, dental program, and vision care benefits only for retired City employees and their spouse /domestic partner or one dependent. (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 /domestic partner or one dependent as follows: Employees with less than 15 consecutive years of service with the City receive no medical benefits at retirement. OUTLINE - Management C November 13, 2007 through June 30, 2009 Page 14 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. (For example, if the health plan cost is $1,000 and the active employee is eligible for a City share of 80 %, or $800, the retiree is eligible for a City share of 50% of the 80 %, or $400). 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. All active regular employees will be provided with an opportunity to "opt out" of the retiree defined benefit program by June 30, 2008 and in lieu of all other City retiree medical programs 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, i.e. on a prospective basis only. An employee's election to opt out shall be irrevocable. Employees opting out will receive $75.00 per month while in paid status, pro -rated accordingly for part -time employees. The contribution shall begin in the first full calendar month following the date of one's election to opt out. (i) Regular City employees hired following the adoption of this MOA by the City Council shall be eligible for the benefits described below (in lieu of the benefits described in (g) and (h) above): The City will contribute $75.00 per month for active employees in paid status to a Retiree Health Savings Account (RHSA). The City's contribution to an employee's RHSA shall be considered vested as to an employee terminating City employment with ten (10) or more consecutive years of City service. Calculation of contribution will be prorated for permanent part -time employees. Q) Employees eligible to retire on or before June 30, 2008 shall be eligible to retire under the retiree medical benefits they were vested under as of OUTLINE - Management C November 13, 2007 through June 30, 2009 Page 15 November 30, 2007, as described in Appendix A. 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) Current employees who, as of November 30, 2007 have ten or more years of full -time service with the City, but do not take advantage of the "grace period" as described above, may elect at the time of retirement in lieu of retirement medical benefits a $25,000 trust, held by the City, that may be accessed on a reimbursement basis for monthly medical premiums. Monthly medical premiums shall not exceed the dollar value of the premium had the employee elected to retire under the City's retiree medical. This provision shall expire June 30, 2009. (1) Employees retiring during the term of this Agreement may elect cash -in- lieu of the retiree medical. The monthly amount the retiree is eligible for shall not exceed the dollar value of the retiree medical plan to which they would be entitled, and in no event shall exceed $350.00 per month. This provision shall expire June 30, 2009. (m) 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. (n) Any retired employee who, after retirement from the City, becomes employed elsewhere and is covered by medical, life insurance, health, dental or vision care benefits by his /her new employer, said coverage provided by the City to the retired employee will be considered secondary to the coverage provided by his /her new employer, his /her new employer's coverage shall be considered primary. (o) 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 OUTLINE - Management C. November 13, 2007 through June 30, 2009 Page 16 (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 (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. OUTLINE- Management r November 13, 2007 through June 30, 2009 Page 18 6. The City shall report nine percent (9 %) of the EPMC to CalPERS 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 CalPERS. The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies either presently or in the future. The City's obligation under this section is limited to the direct cost of providing the benefit as described. The City shall assume no further or additional financial obligation even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. 5.24 401(a) Retirement Plan If eligible under guidelines, members of the management unit may participate in the City's 401(a) retirement plan. 5.25 Dependent Care Assistance Program City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for childcare as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 5.26 Health Care Tax -Free Dollar Account Program City will continue to provide the Health Care Tax -Free Dollar Account Program as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed medical expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 5.27 Counseling Services Payment by the City of any unreimbursed costs, up to a maximum City reimbursement of one thousand dollars ($1,000) per household per calendar year, for professional counseling service charges which are not paid for by City - provided or other insurance which the employee may have. Services not covered by City - provided health insurance programs with a maximum calendar year benefit of one thousand dollars ($1,000) per calendar year per household. 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. OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 19 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." 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: OUTLINE- Management G November 13, 2007 through June 30, 2009 Page 20 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 (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. OUTLINE- Management 1-i November 13, 2007 through June 30, 2009 Page 21 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. 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. OUTLINE - Management I] November 13, 2007 through June 30, 2009 Page 23 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 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 OUTLINE - Management L November 13, 2007 through June 30, 2009 Page 24 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 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. OUTLINE- Management L November 13, 2007 through June 30, 2009 Page 25 16. 17. 18. 19. 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. 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 because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability. Personnel Files Employees or their duly authorized representative have the right to inspect his or her personnel file maintained on him or her by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of their personnel file. Employee Performance Evaluations Employees have the right to respond in writing to the evaluation report should they so desire. Said responses should be submitted to the reviewer no later than thirty days after the evaluation interview. OUTLINE - Management C, November 13, 2007 through June 30, 2009 Page 26 Incorporated by Reference. The following are incorporated in this agreement 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 No. 2007.178, adopted October 23, 2007 - Alternate Benefit City Council Resolution No. 97 -201, adopted November 1, 1997 — CalPERS Employer Paid Member Contributions City Council Resolution No. 2001 -270, adopted December 11, 2001— Catastrophic Leave City's Personnel Rules & Regulations OUTLINE - Management L November 13, 2007 through June 30, 2009 Page 27 APPENDIX A: Eligible Employees Retiring By June 30, 2008 The purpose of this Appendix is to describe the retiree health benefits for current City employees who elect to retire on or before June 30, 2008. Current employees who are eligible for retiree health benefits based on City service completed prior to November 30, 2007 and who elect to retire on or before June 30, 2008 shall be eligible for the level of retiree health benefits as follows: • 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 in the Memorandum of Agreement. For regular City employees hired after July 1, 1993 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, domestic partner and eligible dependents as defined in the Memorandum of Agreement, a percentage of the appropriate premium cost(s) as follows: o Fifty percent (50 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least ten (10) years continuous City service completed prior to November 30, 2007. o Sixty -five percent (65 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least fifteen (15) years continuous City service completed prior to November 30, 2007. o Eighty percent (80 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least twenty (20) years continuous City service completed prior to November 30, 2007. o One hundred percent (100°/x) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least twenty -five (25) years continuous City service completed prior to November 30, 2007. Current employees retiring July 1, 2008 or later will be eligible for the retiree health benefits as described in the Memorandum of Agreement. OUTLINE - Management 13, November 13, 2007 through June 30, 2009 Page 28 INDEX F Counseling Services, 19 A Death /Bereavement Leave, 12 Fiscal /Budgetary Impacts, 22 Deferred Income, 13 Adoption Benefit, 12 Dental Coverage, 1 1 Alcohol, 23 Dependent Care Assistance Program, 19 Alcohol and Drugs Education and Training, 16 Alcoholic Beverages or Other Drugs, 23 Employee Death, 10 Off Duty Hours, 23 Family and Medical Leave, 10 Prescription Drugs, 23 Funeral Benefit, 12 Alcoholic Beverages or Other Drugs, 23 Health Care Tax -Free Dollar Account Program, 19 Alternate Benefit, I I Hearing Aid Benefit, 10 Americans with Disabilities Act, 10 Life Insurance, 13 Automobile Allowance, 21 Longevity and Incentive Pay, 17 Long -Term Disability Insurance, 13 C Medical and Health, 10 Alternate Benefit, I 1 Catastrohic Leave, 9 Paternity Leave, 10 Compensation Adjustments, 20 Retired, Deceased and /or Permanently and Totally Automobile Allowance, 21 Disabled Employees, 13 Court Time Pay, 21 Retirement Plan, 401(a), 19 Critical Incident Call Out Pay, 21 Retirement Programs, 18 Fiscal /Budgetary Impacts, 22 Sick Leave, 9 Paychecks, 22 Sick Leave Accumulation, 9 Police and Fire Services, 22 Vision Coverage, 11 Public Safety Vehicle Use, 21 Funeral Benefit, 12 Total Compensation Survey, 20 Condition of Employment, 24 G Counseling Services, 19 Court Time Pay, 21 Grievance Policy and Procedure, 24 Critical Incident Call Out Pay, 21 H D Health, 10 Days of Work, 5 Health Care Tax -Free Dollar Account Program, 19 Death/Bereavement Leave, 12 Hearing Aid Benefit, 10 Deceased Employees, 13 Holidays, 6 Deferred Income, 13 Alternate Day Off, 6 Dental Coverage, 1 l Day of Mourning, 6 Dependent Care Assitance Program, 19 Holidays Observed, 6 Drugs, 23 Proclaimed Holidays, 6 Hours of Work, 5 E Hours, Days and Period of Work 4/10 Schedule, 5 Education, 16 5/8 Schedule, 5 Effective Date, 25 9/80 Schedule, 5 Employee Death, 10 Regular Work Period, 5 Employee Performance Evaluations, 26 Regular Workday, 5 Employees Hired After July 1, 1993, 24 I F Incentive Pay, 17 Family and Medical Leave, 10 Invalidation, 26 Fiscal /Budgetary Impacts, 22 Replacement, 26 Fringe Benefits, 8 Suspension of Agreement, 26 Administration, 8 Administrative Leave, 9 L Adoption Benefit, 12 Americans with Disabilities Act, 10 Lap Swimming Program, 24 Catastrophic Leave, 9 Life Insurance, 13 OUTLINE- Management I_ . November 13, 2007 through June 30, 2009 Page 29 Light Duty, 10 Limited Duty, 10 Longevity, 17 Long -Term Disability Insurance, 13 M Management Rights, 25 Medical, 10 Military Training, 7 N Non- Discrimination, 26 Non - smoking Pay Premium, 23 Non- smoking Status, 23 O Off Duty Hours, 23 P Paternity Leave, 10 Paychecks, 22 Performing Arts Center, 25 Period of Work, 5 Permanently and Totally Disabled Employees, 13 Personal Equipment, 20 Personnel Files, 26 Police and Fire Services, 22 Prescription Drugs, 23 Public Safety Vehicle Use, 21 W Replacement Equipment, 19 Residency, 24 Retired Employees, 13 Retirement Plan, 401(a), 19 Retirement Programs, 18 S Safety Equipment, 19 Personal Equipment, 20 Replacement Equipment, 19 Safety Glasses, 20 Saftety Equipment Safety Glasses and UV Eye Protection (Sunglasses), 20 Sick Leave, 9 Sick Leave Accumulation, 9 Smoking, 23 Condition of Employment, 24 Employees Hired After July 1, 1993, 24 Non - smoking Pay Premium, 23 Non - smoking Status, 23 Sports Center, 24 Sunglasses. See Safety Glasses and UV Eye Protection Suspension of Agreement, 26 Term of Outline, 25 Effective Date, 25 Termination Date, 25 Termination Date, 25 Training, 16 T U Use of City Facilities, 24 Performing Arts Center, 25 Sports Center and Lap Swimming Program, 24 UV Eye Protection, 20 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 L ; November 13, 2007 through June 30, 2009 Page 30 RESOLUTION NO. 79 -22 EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK ARTICLE 1 — GENERAL PROVISIONS SECTION 1 STATEMENT OF PURPOSE It is the purpose of this Resolution to insure. a. Employee Grievances are heard and resolved fairly and promptly b. City employees are treated fairly and that their rights are maintained. c. Grievances are resolved in an effective and orderly manner to insure uninterrupted city services to the public. SECTION 2. DEFINITIONS As used in this Resolution, the following terms shall have the meanings indicated_. a. Appropriate Unit means a unit of employee classes or positions, established for the purpose of collective representation. b. City means the City of Rohnert Park_ c. Employee means any city employee, regardless of status_ d_. Grievance means a complaint or.dispute by an employee, group of employees, or, a recognized employee organization concerning _ the interpretation or application of any matter falling within the scope of this grievance procedure. e. Grievant means the party who has initiated a grievance procedure either informally or formally_ f. Immediate Supervisor means the individual who immediately assigns, reviews, or directs the work of an employee. g. Intermediate Supervisor means the supervisor next above the immediate supervisor as .determined by the department head. h. Recognized Employee Organization means an employee organization which has been formally acknowledged by the city as a recognized employee organization representing employees in an appropriate unit- i. Working Days means those days on which the city administrative offices are open for conduct of normal business_ SECTION 3 SCOPE a. This grievance procedure pertains to application, interpretation, and noncompliance with memorandums of agreement, council resolutions, city ordinances, and. departmental and. city - rules, regulations, and practices governing wages, seniority, written reprimands, hours, safety, and other terms and'conditions of employment which the city has authority to change and for which no other appeals procedure is provided. Issues excluded from the scope of this grievance procedure include those matters which the city has no authority to change and matters for which alternative appeals. procedures have Page 3 been provided such as performance "appraisals;. demotions, suspensions, and dismissals. Disputes concerning exclusive city'rights with respect to mattes of general legislative or managerial policy do not constitute grievances under this procedure. The nature of these exclusive city rights are described in Section 3.e. below. b. A grievance may be initiated by an employee, jointly by a group of employees, or by a recognized employee organization. c_ Employees who are in units represented by a recognized employee organization may choose to represent themselves or be represented by the recognized employee organization at any stage of this grievance procedure. Employees who are not in a represented unit may choose to represent themselves or be represented by .any layperson. or employee organization_ Neither the grievant party.nor the city maybe represented by legal counsel. d. No employee or recognized employee organization shall be interfered with, intimidated, restrained, coerced, or discriminated against for exercising these grievance rights. e. Nothing in this grievance procedure shall be construed to restrict any legal or inherent exclusive city rights with. respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; 'determine the procedure and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government .operations are . to. be conducted; take alt necessary actions to carry out ,its mission in emergencies; and exercise complete control, and discretion over its organization and technology of performing its work_ ARTICLE II - INFORMAL GRIEVANCE PROCEDURE SECTION 4 GENERAL a. It is the mutual responsibility . of employees, employee organizations, and management to resolve grievances informally and at the lowest practicable .,level of management; whenever possible: b. Informal procedures must be. exhausted- prior to initiation of the formal grievance procedure_ SECTION 5 STEP ONE —IMMEDIATE SUPERVISOR a. The grievant shall first present the grievance orally to his /her immediate supervisor in an informal meeting. The grievant may request such a meeting 'at any reasonable time, and the supervisor shall meet within five (5) working days after such request. in the meeting the .grievant shall fully explain the. grievance and the solution desired:: The supervisor shall present an informal; verbal decision with reasons'-therefore, to the grievant within five (5) working days after . the meeting_ b. Any grievant whose. grievance is not resolved to his /her satisfaction may institute a formal grievance procedure. Such formal procedure shall conform . with the steps and provisions prescribed in Articles 111 and IV_ Page 4 ARTICLE IIi — FORMAL GRIEVANCE PROCEDURE SECTION 6 GENERAL a. All the formal grievances shall be in writing. A supply of grievance forms shall be maintained in each department and shalt be readily accessible to all employees and recognized employee organizations_ b. Each. level -of management upon receipt of a formal grievance shalt notify the recognized , employee organization (if any) which represents the employees of the unit from which the grievance originates concerning the times and places of all grievance proceedings. The highest level of management involved shall notify, the appropriate recognized employee organization(s) in writing prior to implementation of any grievance settlement which affects the rights or conditions of.employees they represent. SECTION 7 STEP TWO — INTERMEDIATE SUPERVISOR a. The grievant may appeal the immediate supervisor's decision by completing Section 2 of the grievance form and filing it with the appropriate intermediate supervisor within five (5) working days_ b. The intermediate supervisor shall within ten (10) working days investigate the grievance, discuss the grievance with the grievant and/or representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant. SECTION'$ 'ST..E0 THREE - DEPARTMENT HEAD a. The grievant may appeal the intermediate supervisor's decision by completing Section .3 of. the grievance form and filing -it with the appropriate. department head within five (5) working days:' b. The department head shall. within ten (10) working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, render a decision in writing on the grievance form together with the :reasons therefore, and return the form to the grievant_ SECTION 9 STEP FOUR — CITY MANAGER a. The grievant may appeal the department head's decision by completing Section 4 of the "grievance form and filing it with the City Manager's office within five (5) working days. b. The City Manager or his /her representative shall within ten (10) working days investigate the grievance, discuss the grievance. with the grievant and /or the grievant's representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant. SECTION 1 d " STEP FIVE— GRIEVANCE APPEALS COMMITTEE a. The grievant may appeal the City Manager's decision by completing Section 5 of the grievance form and filing it with the Personnel Office within ten (10) working days. b. Upon 'receipt of a Step Five appeal, the Personnel Office shall notify the members, of the Grievance Appeals Committee. The Grievance Appeals Committee shall then schedule the appeal for, hearing not later than ten (10) working days from the receipt of the grievance and shall forthwith notify the Page 5 grievant and his/her representative of the time and place at which the appeal will be considered. - c. The Grievance Appeals Committee shall conduct a hearing,.and shall. hear all witness, testimony and evidence from both. sides and shall render a written decision on the grievance form. together with reasons therefore and return the form to the grievant, through the Personnel Office, within ten (10) working days. A complete tape recording and /or transcript shall. be kept for all Grievance Appeals Committee hearings. The cost of any transcript or transcript: of any tape recording shall be paid - for by requesting party. d. A majority decision of the Grievance Appeals Commi #tee shalt be final and binding unless such decision binds the city to .a financial expenditure which can be authorized only by the City Council. in such case the City Council may review the record and affirm, reverse, modify, or refer the matter back to the Grievance Appeals Committee for further hearing. Such action shall be taken by the City Council only on a review of the record and a finding'that the decision of the Grievance Appeals Committee was. not supported by the record. ARTICLE IV — RULES OF PROCEDURE SECTION 11 COMBINING GRiEVANCEs An employee shall include all current grievances in one grievance procedure_ To the degree practicable, grievances shall not be duplicated. If several grievants wish to present grievances which are the same or substantially similar, such grievances shall be joined:in one proceeding by mutual agreement of the grievant. or grievant's representative and the Personnel Department. Where there 2is "no mutual agreement to join grievances, the same or substantially similar grievances shall be processed. sequentially, by appropriate unit, in the order filed and time limitations will be "held in abeyance pending complete processing of earlier. complaints. SECTION 12 WAIVING LEVELS OF REVIEW Any steps in the grievance procedure, other than steps one and five, may be waived when the grievant or grievants and all levels of management involved in the steps waived mutually consent to such procedure in writing on the grievance form. SECTION 13 TIME LIMITATIONS a. Time limits established by this procedure may be extended or shortened by mutual agreement in writing on the grievance `form by the grievant. or grievants and the .level ,of management/Grievonce Appeals Committee involved in that step_ b_ Failure by a grievant to appeal a decision within the time limits prescribed shalt be deemed a resolution of the grievance, unless the grievant is unable to appeal for cogent reasons_ Failure of management to meet with the grievant or to render a decision within -the time limits prescribed shall justify appeal to the next step of the grievance procedure. SECTION 14 TIME OFF a.. When practicable, .proceedings shall be held within the employees' normal working hours_ If held at other than the employees' normal working hours, the employee shall be entitled to an. equivalent number of hours off on an hour for hour basis. Page 6 f � b. Reasonable time off from usual duties shall be accorded to employees for the purposes of meeting with employee representatives, preparing and investigating grievances, presenting grievances, serving as a representative of a recognized employee organization at a grievance procedure, or representing a grievant, provided that before leaving his /her usual duties the employee shall. obtain permission from the. immediate supervisor involved_ Such permission shall not. be unreasonably withheld. SECTION 15 PRIVACY All grievance procedures shall be conducted in closed sessions, except that specified observers may be admitted by mutugt agreement_of the parties involved_ ARTICLE V — GRIEVANCE APPEALS COMMITTEE SECTION 16 COMPOSITION AND SELECTION The Grievance Appeals Committee shall consist -of three members. Each committee member shall serve for two (2) years and until selection of a successor. Committee members shall be selected as follows. a. One - city employee selected by recognized employee organizations acting . jointly. b. One city management member selected by the City Manager. c. One lay chairperson selected by recognized employee organizations and the City Manager acting jointly.' SECTION 17 ALTERNATE MEMBERS An. alternate for each of the three (3) principal Grievance Appeals Committee members shall be selected to serve .for the same - period as that of their respective principals. Alternate members shall be selected in the same manner as principals except that no alternate member shall be from the same city department or appropriate unit as his/her respective principal. Alternate members shall serve in the place of .their respective principals when the principal is unavailable, when the principal abstains from serving, and when the principal is from the same city department of appropriate unit in which the grievance originates_ SECTION 18. COMMITTEE PROCEDURE The Grievance Appeals Committee shall meet on call of its chairperson or of the Personnel Office. Deliberations Of the committee shall be informal and shall provide a full and fair hearing of the grievance and proposed solutions. The city shall provide the committee with suitable facilities and reasonable secretarial support. Each party shall bear its own costs for any expenses . involved in calling witnesses or producing desired evidence. ARTICLE VI — MISCELLANEOUS PROVISIONS SECTION.19 CONSTRUCTION This resolution shall be administered and construed as follows: a. Nothing in this resolution shall be construed to deny to any person, employee, .organization, the city, or any authorized officer, body or other representative of the city, the rights, powers and authority granted by Federal or State law. Page 7. b. This resolution shall be interpreted so as to carry out its purposes as set forth in Article 1. SECTION 20 SEVERABILITY If any provision of this resolution, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this resolution or the application of such. provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby_ DULY AND REGULARLY adopted this thirteenth day of February, 1979_ CITY OF ROHNERT PARK /s/ Warren K_ Hopkins Mayor Hopkins AYES: (5) Councilmen Beary Carbone, Roberts, Stewart and Hopkins NOES: (0) None ABSENT: (0) None ATTEST: /s/ Sandra Faus Deputy City Clerk Re -typed January 2003 jdc Page 8 RESOLUTION NO. 92- 174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING UPDATED DISABILITY WAGE PLAN empWHEREAS, City staff recognizes the appropriateness of updating certain loyee benefit plans in order to provide for any changes; and WHEREAS, the City's existing "Disability Wage Plan" was instituted 1, 1972 and has not been updated since that date; and on August WHEREAS,. City staff has conducted a review of the City's existing "Disability Wage Plan" pamphlet and feels it is appropriate to update same ' and WHEREAS, revisions have been proposed to said "Disability Wage Plan"; and WHEREAS, said revisions have been discussed with the employee organizations as required by the meet and confer lairs of the State and said revisions have received approval by said employee organizations; and WHEREAS, the Council has reviewed the revised "Disability Wage Plan" and finds it .satisfactory. THEREFORE BE IT RESOLVED by the Council of the City of Rohnert Park that the. "Disability Wage Plan" as revised and dated October 27, 1992, which is attached to this resolution and by reference thereto incorporated herein, is hereby approved. DULY AND REGULARLY ADOPTED this 27th day of October, L992- CITY OF ROHNERT PARK Mayor ECK AYE HOLLINGSWOHTH AYE 1i0FKINS AYE P.ELU, AYE SPIAO AYE AYES 5 NOES 0 ABSENT 0 ABSTAIN 0 CITY OF ROnNERT PARK DISABILITY WAGE PLAN FTC TABLE OF CONTENTS i Section Title Page No_ DISABILITY WAGE PLAN I - Purpose 1 2- Eligibility 1 3. Length of Service Schedule 2 4. Periodic Increase in Benefits 3 5_ Benefits Renewal — 26 Week Rule 3 6_ How Benefits Are Calculated 3 7- Active Work / Authorized Leave Requirement 3 8_ Proof of Claim 3 9_ Notification Required 3 10- Absence Reporting 4 11. Conditions Covered 4 12. Conditions Not Covered 4 13_ Pregnancy or Maternity Leave 5 1.4_ Paternity Leave 5 15- Light or Limited Duty 6 16- Effect on Vacations 6 17- Sick Leave Without Pay 6 18- Holidays During Disability 6 19_ Effect on Retirement 6 20_ Sick Leave Benefits Misuse 6 21- Temporary Layoffs 7 22_ Long Term Disability 7 23- Employee Death 7 24- Changes in Plan 7 25. Non - Discrimination 7 26- Additional Information 7 INDUSTRIAL DISABILITIES 1 _ Separate Schedules 8 2. Effect on Workers' Compensation 8 DISABILITY WAGE PLAN 1 _ PURPOSE One of the greatest concerns of any of us who work at a regular job is the possibility of lost income during periods when we are prevented from working because of illness or injury_ Recognizing this, the City for many years has continued in full or in part, the pay of regular employees during such periods. On August 1, 1972, . the standard "sick leave" plan was replaced by a Disability Wage Plan- Effective this Disability Wage plan was updated and is described in this pamphlet_ The Disability Wage Plan is one of the most important benefits you enjoy as a regular employee, yet it costs you nothing_ It is a benefit paid for entirely by the City_ Your obligation is to notify your supervisor or the:Personnel Office as soon as possible when you become ill or disabled, and to keep them informed of the date you expect to return to work. 2_ ELIGIBILITY If you are a regular employee, you are eligible for the benefits of this Disability Wage Plan in accordance with the number of months or years of service, which you have completed, unless you are covered by a collective bargaining agreement, which provides a separate disability wage plan. Regular part-time employees shall participate in sick Ieave benefits proportioned to their fixed work ratios. These Disability Wage Plan benefits shall apply to all offices, positions and employment in service of the City, except: 2.1 Elective officers in the performance of their duties; 2.2 Members of appointive boards, commissions and committees; 2.3 Persons engaged under contract to supply expert, professional technical, or other services; 2.4 Volunteer personnel; such as volunteer auxiliary firefighters and public safety officer, 2_5 City Attorney; 2.6 Limited Service Personnel: 26.1 Temporary or seasonal employees employed by the City. 262 Part time employees paid by the hour or day_ Sick leave shall not be considered as a right, which an employee may use at his/her discretion and shall be allowed only in case of actual sickness or disability_ No punitive actions shall be imposed on employees taking justifiable sick leave_ J � 3. LENGTH OF SERVICE SCHEDULE If you a regular employee and are ill or disabled as a result of non - work - related* circumstances, your pay will be continued by the City in accordance with your length of service under the following schedule_ (For all eligible employee except Public Safety Officer/Community Services Officer hired after August 1, 1989.) Completed Months Week's Benefits (PLUS) Week's Benefits of Service at Full Pay at Half Pay 3 0 1 6 0 2 9 0 3 Completed Years Week's Benefits (PLUS) Week's Benefits Of Service at Full Pay at Half Pay I 1 4. 2 2 7 3 3 10 4 4 13 5 5 16 6 6 19 7 7 22 8 8 25 9 9 28 10 10 32 11 11 31 12 12 30 '13 13 29 14. 14 28 . 15 15 27 16 16 26 17 17 25 18 . 18 24 19 t9 23 20 20 22 21 21 21 22 22 20 23 .23 19 24 24 18 25 25 17 26 or more 26 16 For all Public Safety Officer /Community Services Officers hired after August 1, 1989: Hours Earned Hours Earned Maximum Hours Monthly Annually of Accumulation 8 96 1,200 *For application of the Plan to work - related injury or illness, see page 8. 4_ PERIODIC INCREASE IN BENEFITS 4.1 At the completion of each employee's (except Public Safety Officers /Community Services Officers hired after August 1, 1989) established anniversary "year of service ", benefits will be increased in keeping with the appropriate length of service schedule_ 42 For Public Safety Officer /Community Services Officers hired after August 1, 1989, at the completion of the employee's established monthly anniversary, benefits will be increased in keeping with the appropriate length of service schedule_ 5_ BENEFITS RENEWAL— 26 WEEK RULE Whenever a regular employee has worked twenty -six (26) weeks or more since their last reported injury/illness, the maximum amount of benefits is renewed automatically in accordance with length of service_ An employee is always eligible for the maximum amount of scheduled benefits, less any amount of paid sick leave they have used. (The aforementioned benefits renewal/26 week rule does not apply to Public Safety Officer /Community Services Officers hired after August 1, 1989_) 6_ HOW BENEFITS ARE CALCULATED An employee's disability pay will be calculated on the basis of the employee's normal earnings exclusive of overtime. 7. ACTIVE WORK/AUTHORIZED LEAVE REQUIREMENT Sick leave benefits shall be earned and accrued to regular employees who are actively working or are taking leave due to an approved City program or benefit_ Sick leave benefits or accruals do not.apply.to employees on absences from work for over ninety (90) consecutive days_ 8_ PROOF OF CLAIM 8.1 Employees may be required to support their claim for disability by proper medical evidence_ The City reserves the right to decide when an employee is disabled and when they are able to return to work on the basis of the advice of physicians employed by, or approved by, the City. 82 The City may require an employee to provide a medical doctor's statement prior to permitting the employee to return to work following the use of any sick leave. 9. NOTIFICATION REQUIRED When an employee becomes ill or disabled, the employee must give notice immediately to the employee's supervisor or the Personnel Office_ Normally, the employee's sick leave benefits will not start until the day.such notice has been received by the City_ Employees are also asked to notify. the City as soon as possible when they expect to return to work_ Notice may be given by telephone, letter or message delivered by a fellow employee_ It is important, however, that the employee's supervisor know when the employee may be expected to return in order that reassignment of temporary replacements may be handled in an orderly manner_ 10. ABSENCE REPORTING d I In all instances when an employee is absent from his /her scheduled work more that fifteen (15) minutes, an Employee Absence Report form must be properly submitted_ 11. CONDITIONS COVERED I LI An employee's non - industrial illness or injury. Leaves of more than five (5) days for this reason requires a doctor's certificate indicating absence from work was necessary. At the City Manager's discretion, a doctor's certificate may be requested for illnesses of less than five (5) days; 11.2 An employee's non - industrial dental, eye or other physical or medical examination or treatment by a licensed practitioner. Leave for this purpose may be limited to four (4) hours in any one working day at the discretion of the department head; 11.3 Providing .necessary care for an ill or injured member of the immediate family. Absences of more than one (I) days for this reason require a doctor's statement indicating that the employee's presence was required. Leaves for this purpose are limited to three (3) workdays; 11.4 Family Care Leave_ Employees may request an unpaid leave of absence (family care leave) for a newborn or newly adopted child, or to care for a seriously ill farriily member_ Requests for family care leave shall comply with the requirements of Assembly Bill 77. For specific information regarding family care leave contact the City's Personnel Office. 11.5 Deathibereavement leave in the immediate family. Employees may use up to three (3) days of their accrued sick leave (or death/bereavement leave benefits as provided in any applicable Memorandum of Agreement) when there is a death in their immediate family. Immediate family in this case means: spouse, father, father -in -law, mother; mother -in -law, brother, sister, child (including step - children), stepparents, grandparents, grandchildren and relationships in loco- parentis. 11.6 For the purpose of charging sick leave, the minimum sick leave chargeable shall be one (1) working hour. 12. CONDITIONS NOT COVERED An employee will not be entitled to disability pay under this Plan if the injury or illness: 12.1 is intentially self - inflicted; 12.2 is due to intoxication, or the use of narcotics or habit forming drugs; 12.3 resulted from participating in a criminal act; . 12.4 resulted from participating in a riot; 12.5 resulted from working for an employer other than the City; 12.6 during a layoff, leave of absence or disciplinary suspension; and/or 12.7 after a termination date. 13_ PREGNANCY OR MATERNITY LEAVE 13.1 A regular employee shall be entitled to utilize full pay non - industrial sick leave benefits and other accrued leave on the same basis as other employees who are temporarily disabled due to a non - industrial illness or injury. For those employees who have over one (1) year of continuous service, that employee shall be entitled to utilize either accrued full pay non - industrial sick leave or a minimum of three (3) weeks accrued half pay non - industrial sick leave, whichever is greater. Such disability leave on account of normal pregnancy or childbirth shall not exceed (9) weeks; A probationary employee having completed less than one (1) year of service shall be entitled to utilize any accrued half pay non- industrial sick leave benefits and other accrued leave on the same basis as other employees who are temporarily disabled due to a non - industrial illness or injury; 132 While the employee is on paid leave status, service credits shall continue to accrue and the City shalt continue payments toward group insurance and retirement coverage. Leave shall commence upon certification from the employee's attending physician that she is no longer capable of performing the duties of her position without undue risk to herself or other persons; 133 In no event shall the employee's paid leave exceed the total of the employee's accumulated but unused full pay non - industrial sick leave, or as specified, half pay non- industrial sick leave, and other accrued leave; 13.4 An employee may absent from employment for a reasonable collective period of time not to 'exceed four (4) months (including period of paid sick leave) during the time of pregnancy and post- pregnancy period. During this period of time, the employee may utilize any accrued vacation time_ Unpaid leave shall be granted only for disability due to the pregnancy, the subsequent childbirth, or other termination of the pregnancy_ No such absence without pay shall be granted until the employee has exhausted all accumulated full pay, or as specified, half pay non - industrial sick leave; 13.5 Upon expiration of approved. leave, an employee shall be reinstated to her former position or to a comparable one unless reinstatement to the former.or comparable position is not possible because of legitimate business reasons unrelated to the employee's pregnancy; 13.6 An employee may request an unpaid leave of absence (under Section 28. 1, City Manager's Administrative Policy No_ 1, Personnel Rules & Regulations) at the conclusion of her disability /maternity leave. Such leave shall be granted or denied on the same basis as leaves for other employees. 14. PATERNITY LEAVE Regular employees may request a paternity leave of absence following the birth of a child in accordance with any applicable Memorandum of Agreement or Outline of Conditions of Employment. a l � 15_ LIGHT OR LIMITED DUTY Regular City employees who are injured or ill from either on-the-job (industrial) or off-the-fob (non- industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified. duty. Such assignments may be temporary or permanent. They may involve duties that differ from the normal work duties of the employee. Such light, limited,. or modified duty`shall terminate when the employee is physically or mentally able to perform all his/her normal work duties_ 16. EFFECT ON VACATIONS 16.1 If an employee is on a vacation and becomes ill or injured, the Disability Wage Plan will not apply until the day the employee is scheduled to return to work_ 16.2 The disability benefits described herein are entirely separate from any vacation to which an employee's service may entitle them. Under most circumstances, disability absence will not disqualify an employee for eligibility for a vacation. In some cases, however, prolonged periods of disability may affect an employee's vacation eligibility. IT SICK LEAVE WITHOUT PAY 17.1 If an employee is not yet entitled to sick leave benefits.as provided herein, or has exhausted His/her accumulated sick leave benefits, said employee shall be considered on leave without Pay 17.2 In such case of an employee on leave without pay for period of three (3) days or more, the City Manager's office may at his discretion and on case =by -case basis grant the employee a leave without pay, upon receipt of such a request; in writing from the employee. 17.3 An employee may not use accrued compensatory time to cover-sick leave without pay. 18_ HOLIDAYS DURING DISABILITY If a holiday occurs during a period when an employee is disabled, the holiday will not be charged against the days of disability pay for which the employee is eligible. 19. EFFECT ON RETIREMENT Accrued sick leave shall not be used to extend a date of retirement from City service_ However, any unused sick Ieave may be applied as service credit towards an employee's retirement account. For additional information regarding this matter contact the Personnel Office or a Public Employees Retirement System representative. 20. SICK LEAVE BENEFITS MISUSE The City shall revoke pay, sick leave time and take appropriate disciplinary action if the employee using sick leave is not sick or has engaged in private or other public work while on sick leave. 21. TEMPORARY LAYOFFS -T� If an employee is receiving disability pay at the time when the employee would otherwise have been temporarily laid off, the employee's disability pay normally will be continued in accordance with the length of service schedule, as long as the employee's illness or injury prevents them from working_ Naturally,. this provision only applies in the case of temporary layoffs when there is a clear -cut expectancy that the employee will be recalled to work within a short time_ Any layoff is subject to the American with Disabilities Act (ADA) requirement that the layoff is for the stated purpose and not a pretext for terminating employee(s) with disabilities_ 22_ LONGTERM DISABILITY This Disability Wage Plan, or any other such applicable plan, shall be considered the primary plan and all benefits therein must be exhausted prior to eligibility for the City's Long Term Disability Plan. For additional information regarding the City's Long Term Disability Plan contact the Personnel Office_ 23. EMPLOYEE DEATH Upon the death of an employee, any unused sick leave shall not be paid to the employee's surviving spouse or legal dependents. However, any said unused sick leave may be applied as service credit for the .deceased employee's retirement account. For additional information regarding this matter contact the Personnel Office ora Public Employees Retirement System representative. 24_ CHANGES IN PLAN City management hopes and expects to continue the Disability Wage Plan indefinitely, but as future conditions cannot be foreseen, the City.reserves the right to change or discontinue this Plan at any time_ Employees may be assured however that only the most serious circumstances would result in the discontinuance or curtailment of the Plan_ Nothing contained herein shall be deemed to supersede the provisions of any applicable State law, City ordinance, resolution, rule or regulation. The City retains and has the exclusive decision - making authority to manage the policies and provisions of this document so long as such exclusive authority is in conformance with any and all applicable laws and statutes for same. 25_ NON - DISCRIMINATION In receiving the benefits afforded by this Disability Wage Plan, no person shall in any way be favored or discriminated against.to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability_ 26. ADDITIONAL INFORMATION Employee's seeking further information regarding the administration of this Plan are welcome to contact the City's Personnel Office. INDUSTRIAL DISABILITIES 1 _ SEPARATE SCHEDULES t 1 The benefits which you are provided under the Disability Wage Plan for industrial illness or injury are separate and distinct from the benefits provided for non - industrial illness or injury. You ' receive separate disability wage payments for both industrial and non - industrial illnesses or injuries - but not both types at the same time_ 2. EFFECT ON WORKERS' COMPENSATION If you become disabled as a result of an industrial injury, Workers' Compensation will be payable to you in accordance with the applicable laws of the State. Sick leave benefits shall not be used for an industrial injury or illness. RESOLUTION NO. 2007-178 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK RESCINDING RESOLUTION NO. 96 -203 AND ESTABLISHING AN ALTERNATE BENEFIT PROGRAM FOR ELIGIBLE ACTIVE EMPLOYEES WHEREAS, the City provides health insurance for eligible, active employees and contributes towards medical insurance premiums for health insurance; and WHEREAS, some eligible, active employees have health insurance coverage from a source other than the City, resulting in dual coverage; and WHEREAS, the City Council adopted Resolution No. 96 -203, establishing a dual health insurance premium reimbursement program policy for employees who have health insurance from a source other than the City; and WHEREAS, the City wishes to continue providing an alternate benefit program to eligible, active employees who have health insurance from a source other than the City to benefit both the employees and the City; and . WHEREAS, the City and representatives of its employee groups have determined to define the amount of the alternate benefit within memoranda of agreement. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 96 -203 is rescinded. BE IT FURTHER RESOLVED that 1) the alternate benefit amount shall be established in memoranda of agreement or outlines of certain conditions of employment that govern employees' compensation and benefits. 2) the alternate benefit amount is not salary or compensation and the benefit may only be directed into an employee's deferred compensation account, toward CalPERS service credit, or for the purchase of supplemental life insurance and/or any other eligible benefit program approved and authorized by the City. 3) the City and eligible, active employees are subject to all applicable laws, rules and contracts of third parties such as the IRS, CalPERS, and health insurance providers. Eligibility and continuation of the Alternate Benefit Program is subject to compliance with applicable laws, rules and contracts. "1 1 BE IT FURTHER RESOLVED that the City hereby establishes this alternate benefit program effective December 1, 2007 and the City Manager is authorized to administer said program. DULY AND REGULARLY ADOPTED this 23`d day of October, 2007. ATTEST: y Clerk CITY OF ROHNERT PARK Mayor BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) RESOLUTION NO. 97- 2 01 RESOLUTION OF THE CITY COUNCEL OF THE CITY OF ROHNERT PARK THAT IMPLEMENTS THE REPORTING OF THE CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS AS ADDITIONAL COMPENSATION FOR ROHNERT PARK EMPLOYEES' ASSOCIATION MEMBERS WHEREAS, the City of Rohnert Park has the authority to implement Government Code Section 20636 Pursuant to Section 20691; WHEREAS, the City of Rohnert Park has a written labor agreement, known as the Memorandum of Agreement With The Rohnert Park Employees' Association, which normal member contributions d the employer on behalf of the specifically additional ocompensation; of 1 b} mp WHEREAS, one of the steps in the procedure to implement this section is the adoption by the City Council of the City of Rohnert Park of a Resolution giving notice of its intention to commence reporting the value Of employer paid member contributions (EMPC) as compensation for all members. of a group or class; AREAS, the following is a statement of the proposed change in reporting compensation to Ca1PERS; The City of Rohnert Park elects to pay 7 % of employees' compensation earnabk as Employer Paid Compensation. Member Contributions and report the same 7 %1 of compensation earnable as adCompensation. This. benefit shall apply to all employees that are designated members of the Rohnert Park Employees' Association Employee Organization, This benefit shall be effective on January 1, 1998; NOW, THEREFORE, BE ff. RESOLVED, that the City Council of the City of Rohnert Paris shall implement Government Code Section 20636, pursuant to Section 20691 • by paving and reporting the value of Emplover Paid Member Contributions for all employees of the Rohnert Park Employees' Association as indicated above. DULY AND REGULARLY ADOPTED this November 10, 1997. CITY OF ROHNERT PARK q� a ATTEST: R-OR C -_AYE mAcjcFtvz�, AYE AYE tzEn.t.Y vuDwtc- ntartrtNi?z —AYE AYE AYES: 5 NOES: ABSENrr- 0 0 nBSrAnv: RESOLUTION NO. 2001 - 270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE, ACTIVE EMPLOYEES WHEREAS, the City has established a system and pool whereby employees. of the City of Rohnert Park may donate and use vacation hours to alleviate financial hardship in catastrophic circumstances; and WHEREAS, the City wishes to expand the program to include the donation of compensatory hours; and WHEREAS, the City agreed in the meet and confer process with employee groups to establish a Catastrophic Leave.Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park hereby adopts and approves "Exhibit A" hereby attached as it's Amended Catastrophic Leave Program for eligible-active employees. BE IT FURTHER RESOLVED that. the City hereby establishes this Amended Catastrophic Leave Program and that the City Manager is authorized to administer said program. DULY AND REGULARLY ADOPTED this. th day of December, 2001. CITY CITY OF ROHNERT PARK Mao Y FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) 1 EXHIBIT "A" AMENDED CATASTROPHIC LEAVE PROGRAM Purpose The purpose of the _Catastrophic Leave Program . is to establish a system and pool whereby _ employees 'of the City. of ` Rohnert Park may donate vacation and compensatory hours to a pool for an employee in need who meets the criteria to obtain Catastrophic Leave to alleviate financial hardship. Catastrophic Leave Pool All regular full -time and part -time employees of the City of Rohnert Park may donate up to forty (40) hours of his /her vacation time per calendar year into the Catastrophic Leave Pool_ The donating employee must have a vacation leave balance of at least forty (40) hours after the donation of vacation time. All regular, full -time and Part-fte employees of the City of Rohnert Park may donate up to forty (40) hours of his /her compensatory time per calendar year into the Catastrophic Leave Pool. The donating employee is not required to have a compensatory time balance after the donation of the compensatory time. All time donated wilt. be credited on an hour-for-hour basis regardless of hourly pay differential. The Personnel Office will, account for the donation and disburse catastrophic leave.hours. Catastrophic Leave Catastrophic Leave is hours of time which have been donated into a pool and may be used by an employee - in need .,and who meets the criteria of this program. Catastrophic leave may be used for an absence due to a verifiable long -term illness or injury such as, but not limited to; cancer and heart conditions which clearly incapacitate the. employee-, for a serious illness or injury to a spouse, child, parent or other dependent who is in need of -the employee's care. Eligibility To be eligible to apply for hours of catastrophic leave, an employee must be a regular; full-time or part -time employee who has completed 2080 hours or one -year of employment with the City, and has exhausted all other benefits available for which they are entitled. Catastrophic Leave shall not be used in conjunction with any other long -term or short- term disability programs, Social Security or Workers' Compensation Benefits. Catastrophic Leave may not be used to extend a date of retirement. Should this program conflict with any other provision of law, applicable Government Codes or CalPERS regulations, the City will comply with those provisions and .not the Amended Catastrophic Leave Program: CATASTROPHIC LEAVE PROGRAM PAGE 2OF2 The City reserves the right to require the employee to provide medical or other verification that they have met the criteria established in this policy. While an employee is utilizing Catastrophic Leave, they do not accrue any vacation or sick leave benefits. Leave Requests Any employee who meets the above criteria may submit a request for Catastrophic Leave through his /her Department Head to the City Manager. The City Manager will determine eligibility and approveldeny leave requests as outlined in this policy. Determinations. made by the City Manager may be appealed to the Leave Appeal Committee within ten (10) calendar days of the City Manager's decision. A majority decision of the Leave Appeal Committee is final and binding. The Leave Appeal Committee shall consist of one representative from each of the following bargaining units: Rohnert Park Employees' Association (RPEA), Rohnert Park Public Safety Officers' Association (RPPSOA), and the Service Employees' International Union (SEIU). _. Leave requests may be approved for up to 480 hours per employee, per catastrophic need event. APPROVED BY RESOLUTION NO. 97 -165 AMENDED BY RESOLUTION NO. 01- 270 , DATED 12/11/01 tl RE ,LUTION NO. 2004 - 299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING REVISED PERSONNEL RULES AND REGULATIONS WHEREAS, the City Council initially approved Personnel Rules and Regulations on April 11, 1966 with the rules and regulations being presented as City Manager's Administrative Policy No_ 1; and WHEREAS, the City Council approved revisions to the Personnel Rules and Regulations on April 25, 1983; and WHEREAS, the City Council approved further revisions to the Personnel Rules and Regulations on November 12, 1991; and WHEREAS, the existing Personnel Rules and Regulations require updating to be in compliance with current. state and federal law; and WHEREAS, the City consulted with McDonough Holland & Allen, the law firm representing the City's legal interests, to provide recommendations on drafting revised .Personnel Rules and Regulations compliant with existing state and federal laws; and Re WHEREAS, revisions are proposed to the existing Personnel Rules and gulations to _ensure legal compliance, provide greater .direction to City employees regarding the City's personnel policies, and include policies enacted by the City Council since 1991; and ty WHEREAS; the revisions have been discussed with the employee organizations as required by the meet and, confer laws of the State and the revisions have received approval by the employee organizations; and WHEREAS, the City Council has been presented the revisions to the Personnel Rules and Regulations and has found them satisfactory_ NOW, THEREFORE, BE iT RESOLVED by the Rohnert Park City Council that the Personnel Rules and Regulations presented as revised and dated November 9 2004 are hereby approved_ DULY AND REGULARLY ADOPTED this 9' day of Deputy City Clerk FLORFS: AYE NIACICM2 E. ABSENT SPRADLIN, AYE ' I AK- MARYMZ-AYE NM.. AYE AYES- (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) CITY GF ROHNE R7 PARK Personnel Rules and Regulations CITY MANAGER'S ADMINISTRATIVE POLICY NO. 1: PERSONNEL RULES AND REGULATIONS NOVEMBER 9, 2004 Ty OF ROHNERT PARK :rsonnel Rules and Regulations Page f of 39 ATY OF ROHNE RT PARK 'ersonnei Rules and Regulations TABLE OF CONTENTS SECTION 1 — INTRODUCTION ----------------------------------------- • - - - -_ - PAGES 3 - 5 > ECTION 2 — PAY PLANS AND COMPENSATION __________ ___ __ __ ________ __ _ - PAGES 5 — 8 SECTION 3 - BENEFITS -------------------------------------- - - - - -- - - - - -= - ------------ . PAGES 8 — 20 SECTION 4 — IN- HOUSE RECRUITMENT ------------ -_ _.__PAGES 20— 21 SECTION 5— RECRUITMENT PROCESS___________ ____ ____ PAGES 21 — 27 SECTION 6 — SEPARATION AND REINSTATEMENT ------ _ • ._- _ -- _PAGES 27 — 29 SECTION 7 — INCOMPATIBLE ACTIVITY /CONFLICTS OF INTEREST ----------------------_ PAGES 29 — 30 SECTION 8 — DISCIPLINARY ACTION ------------------- _- _- ____PAGES 30 — 36 GLOSSARY — DEFINITION OF TERMS ---------- ------------------------------------------------------------------- - - - - - -- PAGES 36 — 39 RESOLUTIONS EFFECTING PERSONNEL POLICIES RESO 79 -22 — EMPLOYEE GRIEVANCE PROCEDURE RESO 92 -78 — EQUAL OPPORTUNITY EMPLOYER RESO 92 -79 — POLICY AGAINST DISCRIMINATION BASED ON DISABILITY — ADA RESO 93 -38 — AGAINST HARASSMENT RE SO 99 -01 — ELECTRONIC MEDIA USE RE SO 91 -192 — ANTI -DRUG POLICY RESO 87 -117 — DEPENDENT CARE ASSISTANCE PROGRAM RESO 00 -10 — EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004) RESO 03-71 -- PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING RESO 03 -235 . — OUTLINE OF THE CITY'S .COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 CITY OF ROHNERT PARK . Page 2 of. 39 Personnel Rules and Regulations CITY OF ROHNERT PARK Personnel Rules and Regulations SECTION 1 - 1NTRODUCTI-ON A- Purpose The City Manager, as Personnel Officer for the City or his /her designee, is that' ed with t responsibility of the City's personnel practices. In order to establish an equitable and uniform procedure or dealing with personnel matters and to attract to municipal service the best and most competent ersons available; to assure that appoinlrnent and promotions of persons will be based on merit and fitness and to established_ P provide a reasonable degree of security. for qualified employees, the following rules and regulations are 3- Coveraue - These rules and regulations apply, to all offices, all regular full -time employees, regular part - time employees, and all positions and employments in the service of the City, except; 1 _ Elective officers in the performance of their elective duties. and Members of appointed boards, commissions and committees. 2. Persons engaged under contract to supply expert, professional, technical or other services_ 3. Volunteer personnel, such as volunteer auxiliary firefighters and public safety reserve officers_ 4- City Manager and City Attorney, 5- Probationary employees, except as expressly provided herein_ 6. Limited Service Personnel (i.e. temporary or seasonal employees employed by the City not more than six (6) months during the fiscal year for special purposes) - 7- Part -time employees paid by the hour or day who do not ►nee# the definition of regular art -ti employees_ Part-time General Provisions - - The City expressly prohibits discrimination in employment on the I basis of race, religious creed; color, national. or ethnic origin, ancestry, mental or physical disability, medical condition, marital status, sex, sexual reference, political opinion, political affiliation or on tfie basis that an individual is or over, or any other basis protected by federal, state or local law_ age forty (40) 2- An employee's work performance will be evaluated by theES rn►rriediale su designee a toast once a year on a form prescribed.by the Pei-sonnet Officer Supervrsw j discuss their evaluations in full with each employee, out{ ine -goals and expectations, and point out where the employee has done an outstanding job and suggest ways in which job performance can be enhanced_ 3. All regular appointments inetvde a probationary perm as provided herein.of not less - than twelve (12) months for miscellaneous employees, not less. than twenty -four . (24) months for man agement employees, not "less than eighteen (18) months .for dispatch employees, and. not less than eighteen (18) months for Public Safety sworn employees- a- Promotional appointments include a Probationary y period of not.tess than six (6), months for non- classifications)- employees and. twelve (12) months for supervisors (includes management ctassitications)_ 4_ Employees must be physically and mentally able to. without reasonable accommod perform the essential fu ation_ nctroris of the fob, with or fY OF ROHNERT PARK rsonnelRules and Regulations Page 3 of 39 �ITY OF ROHNERT PARK .: personnel Rules and Regulations S_ The.City reserves the right to amend these rules. and agrees to meet and confer with representatives of recognized employee organizations on those changes that are within the scope of representation. 6_ Nothing herein prevents or restricts the City's right to contract for performance of expert, professional, technicaf:or any other services_ 7. Nothing Herein prevents . or restricts a Supervisor from issuing departmental rules, policies of regulations needed for. the .efficient operation of a City department_ 8. The definitions applicable throughout these rules are set forth in the attached Glossary and are hereby incorporated by reference_ Bargaining Units - If any outline of conditions of employment or memorandum of agreement between a recognized `employee organization and the City conflicts with the provisions of these rules, then the provisions of the memorandum of agreement will prevail E_ Personnel Records - In the case of personnel records, the term "personnel records" means any file maintained under the individual's. name by his or her employing agency containing records relating to personal data, including .marital, status, family members, educational and. employment history, or similar information, medical 'history, electron of employee benefits, and employment advancement, appraisal, or discipline_ 1. The City maintains personnel files for all.employees which contain all records, files and documentation used to determine the employee's qualifications, performance, promotion, additional compensation, or termination or other disciplinary action- a, Each employee most . promptly notify the Human Resources Departrrient of any changes in relevant personal iriformatio_n,: including but not limited to; mailing address; telephone number; nanre(s) . of dependent(s); and persons to contact in an emergency, along with contact information_ b_ Personnel files are deemed confidential unless the employee consents to a disclosure in writing or the City is _required :to disclose: such material by law.. City personnel have access to confidential personnel files onfy.on a "need. to know" basis for legitimate business reasons_ 2_ . The City maintains a confidential file for all employees which contains all medical information about an employee or applicant. Information in this confidential file is obtained and maintained in accordance, with state and federal taw (e-g- the California Confidentiality of Medical Information Act and the federal Health _Insurance Portabitdy. and Accountability Act ( °HIPAA ")_ City personnel have. access to confidential medical flies only on a' "need to' - know" .basis for legitimate business. reasons_ 3_ All inquiries from . outside -agencies, firms, or individuals concerning personnel will be referred to the Human Resources Department for handling and response_ This includes, but is not limited to, inquiries cortcefning "employee performance:. or evaluation in connection with new employment oppcxtunittes and employment veriftcation checks for financing purposes. This procedure applies to both former and present employees_ a. 'Absent a written retease from the employee, the Human Resources Department provides only dales of hire and terrri�atittin, .position fine, and pay range_ b_ Information disseminated to inquiring parties will be extracted from the personnel files in the Human. Resources. Department_ The. City's written response to inquiries wilt be made a part of the employee s personnel file and wilt be available for hisfher scrutiny-. CITY OF ROHNERT PARK Page 4 of 39 Personnel Rides and Regulations CITY OF ROHNERT PARK Fersonnet,Rules and Regulations 4. Any employee who .wishes to review his or her personnel records should contact the Human Resources Department and set up an a be done. in the presence of the Human ReessourcestAssis ant. orllhis/he agreed des designee at the location where f the file is stored and at no Foss of compensation to the employee An employee may request a copy of any employment - related document that he/she has signed- This subsection does not apply to those employees covered by the'Public Safety Officers' Procedural Bill of Rights (Government Code §3300 of seq.) a. An employee is not entitled to inspect records set forth in Labor- Code.section 1198 -5(d) as it may, from time to time, be amended Impact records relating to the investigation of a crimal offense or letters of reference- in b. An employee is not entitled to inspect complaints, or investigation of complaints, concerning an event or transaction .in which the employee was involved or participated to the exte nt that the disclosure of such information would constitute an unwarranted invasion of personal privacy. - 5. Employees have the right to respond in writing to any evaluation report placed in their Such resposes must be submitted within thirty (30) calendar days of the evaluation intewiew and be included in-the personnel file records - Destruction of Records - The employee personnel-records are considered a. permanent record and all personnel file documents are retained by the City for the duration of the employee's period of employment and for any subsequent period required by law. a. The records of former employees are retained in accordance with the schedule established in Resolution 90 -161- b- Shredding destroys personnel records that have reache 90 -161- d.: the time limit established in Resolution SECTION 2-PA Y PLANS AND COMPENSATION Classification Plan - 1- Creation of classifications_ The City Council, u create a classification plan for City employees- Eachn recommendation by (lie Personnel Officer, shall class title, Positions shall have the same class . title when heshall onform allocated t�me class identified by when the positions' descriptions are sufficiently similar as to. y specification or, responsibilities, level of supervision, and other characferisiics_a��tions, educational requirements, 2- Specification of classes A . class may.. include. more than .one specification, which.includes- a concise, descriptive title, a.br of ifefinron, a description of the essential wi job duties .and responsibilities, astatement of special requirements; and a statement of desirable qualifications 3_ Reclassification - The Personnel Officer is responsible for reviewing the duties. and responsibilities of Positions grid recommending to the City Council the. creation >of new classes and the abol►tion of existing classes The Personnel Officer shag review ctassificaCrons and rnatce determinations . io the following situations_ a- Upon the recommendation of the Supervisor or upon the request of an employee, the Personnel Officer has the right to reallocate a position to a different class whenever its' duties change mat "eriatfy. provided the reclassification can be accornplished . within - budget limitations The Personnel Officer has the discretion to determine when the duties have materially changed which IY OF ROHNERT PARK rsonnel Rules and Regulations Page 5 of 39 CITY OF ROHNERT PARK Personnel Rules and Regulations warrant a reclassification_ To process reclassifications in a timely manner, the following process will be followed- i_ Supervisor or employee submits a request of reclassification to the Human Resources Department_ ii: Within fifteen (15) working days, the Human Resources Department makes an initial determination whether .the employee's ongoing job duties and responsibilities warrant a position reclassification_ Once completed, the Human Resources Department forwards its recommendations to the Personnel. Officer_ iii. Within fifteen (15) working days the Personnel Officer affirms or modifies the Human Resource Department's recommendations. As a general guideline, the Personnel Officer will provide the following conclusions to the employee and his or her supervisor: re- assign work duties so the employee is no longer working outside of classification,, appoint employee to .existing. classification with greater responsibility, or create. a new classification that more accurately.reffects the employee's ongoing job duties and responsibilities. b: When the duties of a position so change that no appropriate class for it exists, the Personnel Officer must prepare an appropriate class specification for it and submit it to the City Council for approval_ c_ Reclassification of a position may not, be used to circumvent the rules and regulations concerning demotion, promotion or compensation. B. Salary Ranges Plans and Compensation 1 _ Meet and confer_ The City will meet and confer. regarding changes to salary rates or salary ranges 'affecting existing employees represented by a recognized employee organization_ After meeting and conferring, the Personnel Officer will - Prepare the pay plan; which establishes a flat rate or salary range for each class_ 2_ Changes to salary ranges_ When the City Council changes a salary range for a class, all employees' salaries in the class will be adjusted to the corresponding step in the new range. 3_ . Transfer.- to another class- An employee whose position is moved from one class to another class . that has the same salary range does not receive a: change in salary. When an employee is ;moved frori:t one class to a class with a higher maximum salary, the employee's salary in the higher class will be the minimum salary for that class, unless 'that minimum is lower than, or the same as, the employee's: salary at the time of the move_ In that event, the employee will receive the next higher step_ within the pay. range of: the higher class: Employees receiving a promotion will receive at least a 59/6 increase in salary unless limited by the salary range maximum_ The new review date for promoted employees is the date of promotion or in six (6) months if the employee in placed at Step A- 4- . Demotions. When an employee is demoted, (moved from one class to a class with a lower maximum salary),. the Personnel Officer will set the employee's salary within the range of the class to which the employee has been demoted_ *in this event, the employee's anniversary date will be the same as the effective. date of demotion for purposes of conducting performance reviews and making corresponding salary adjustments_ The employee's original hire date will continue to determine his or her eligibility for other types of benefits and leave accruals. 5_ Reclassifications_ An employee whose position is reclassified from one class to a class with a lower maximum salary retains his/her original anniversary date_ A reclassified employee retains the salary of the. higher class if the _employee's salary at the time of reclassification does not exceed the maximum salary for positions of the lower class- if that salary does exceed that maximum, the CiTY OF ROHNERT PARK Page 6 of 39 Personnel Rules and Regulations CITY-OF. ROHNERT PARK Personnel Rules and Regulations employee will continue to receive his /her present salary until such time as the maximum salary for the class exceeds his /her rate of .pay_ C_ E'nployee peFfOrniance Review and /or Evaluation The performance evaluation process is intended to Improve productivity and foster communication between supervisors and employees. Evaluations should be conducted at _ #east annually in accordance with the schedule set forth for that employees job classification and should be based upon position- - specific performance elements and work standards- must must indicate clearly whether. overall .'performance is superior, satisfactory, o The evaluation r sub process must provide foc employeefeedback and face- to-face communication_ tandard_ The review Results of the performance review will be utilized to determine employees training and development needs_ 1- Salary adjustments_ Results of the employee's current salary adjustments on the. employee's anniversary date. Employees vWhose� #worksPero mane determine is satisfactory will be eligible for advancement to the next higher te performance is the salary range_ Employees who receive a less than satisfactory rat ng may not tbe eligible or a salary advancement on their anniversary date_ 2. Employee review and response, Employee will be provided with a co evaluation twenty -four (24} hours ,prior to the evaluation interview_: Employees have he 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_ Contents of an employee's performance evaluation are not subject to the grievance procedure_ 3. Copies kept in personnel file. The employee's complete, on trial, and signed evaluation - including any written comments g 9 performance official provided by the employee - is filed in the employee's personnel file kept in.the Human Resource Department_ D_ Pay period he pay period for all employees: is bi- monthly on the 15th and the tast day of the month_ When the' 45"` or the last day 'Of month falls on a weekend or holiday,_ prior Friday_ i4H paychecks are to be distributed to the departments and delivered to he employee ,bytnoon on the 15rh or the tast'day of the:month. 1 _ lime cards_ All employees are required to keep a timecard and accurately record all hours worked_ a_ Full- tirrre employees_ Regular fur# time employees will be paid for the prior two -week period worked. " b_ Part-time "ern Regular part-time and hourly Grnecards to the Fr►nance Department on the 5'h and _20�` of Itze mofnth and will bebpaid the fo#lovs ing=payday for the time submitted_ 2- Direct _deposit_ Any employee Wishingto have their paycheck directly deposited may do so b contacting the Finance Department and f- rtfrngoof the required docurrients_ y ITY OF.ROHNERT PARK ersonnel Rules and Regulations Page 7 of 39 CITY OF ROHNERT PARK Personnel Rules and Regulations Overtime - Overtime hours must be approved in advance by the employee's direct supervisor or Department Head. Overtime is to be kept to a. minimum consistent with maintenance of essential City services. All non - exempt employees will be paid overtime as required by applicable lave and in accordance with any provisions in applicable memoranda of agreement. F_ Compensatory Time Off - Subject to applicable memorandum(s) of agreement or the outline of certain employment conditions for non-represented employees, compensatory time off may be granted in lieu of overtime pay for overtime work performed 'by eligible employees_ Compensatory time of! is subject to the accrual cap in the relevant memorandum of agreement- 1 _ Approval of overtime. Employees most obtain pre- approval before working any overtime_ The Supervisor will authorize such overtime work and will notify the Personnel` Officer upon such authorization_ The Supervisor is responsible for arranging his /her department so that compensatory time off can betaken. 2. CTO for exempt employees. Management employees . and any bona fide exempt personnel will receive administrative leave, as qualified under FLSA, in -lieu of the compensatory time off_ All exempt personnel must record leaves of four hours or more using the City's "Employee Absence Report" and submit it to the appropriate immediate supervisor. 3- City reserves the right to pay overtime in lieu of accruing CTO. At the discretion of the City, certain personnel may be paid for all or a portion of overtime worked in lieu of accruing CTO. The City can elect to pay employees for overtime worked if it is determined that an employee .cannot reasonably take the CTO without hindering the performance of essential City functions_ 4_ Pay -out of accrued CTO_ The City retains the right to pay out unused CTO at all times selected by the City_ The current memorandums) of agreement or outline of certain conditions of employm, ent wili' reflect accrual information; time, and manner in which any payment for unused compensatory time will be made_ 5_ Payment upon separation_ Upon separation, all. employees will be paid a lump sum for all outstanding approved and accrued compensatory time and /or administrative leave_ 6- Use of CTO_ .Employees who wish to use CTO must obtain prior authorization of their Supervisor or Department Head- The City's policy is to permit the use of CTO within a reasonable period after the request for use is made. Use of CTO on the specific dates requested by an employee will be permitted as much as reasonably. practicable taking into account the operational needs of the department_ To facilitate scheduling, employees are encouraged to provide as much advance notice as possible of the dates they desire to use CTO_ SECTION 3 - .BENEFITS A_ Holidays.- Scheduled holidays. The City Council establishes the holidays to be observed by the City for each calendar year, subject to modification by any applicable MOA_ Generally, the City observes. as holidays those days .proclaimed by the President of the United States, the Governor of the State of California, and /or the Mayor of the City of Rohnert Park to be public holidays: Additionally, the City usually observes any day declared by the Governor to be a day of mourning or special observance for State employees. 2_ Weekend. holidays. Generally, when a holiday falls on a Saturday, it shall be observed on the preceding Friday_ When, a holiday fails on a Sunday;' it shag be observed on the following Monday_ if a holiday falls on an employee's regularly scheduled day off, the applicable memorandum of CITY OF ROHNERT PARK Page 8 of 39 Personnel Rules and Regulations CITY70F ROHNERT PARK .Personnel Rules and Regulations agreement will determine whether the employee is paid holiday pay or given compensatory time oft. if any outline of conditions of employment or memorandum of agreement conflicts with this subsection, the provision of the conditions of employment or memorandum of agreement will prevail - 3- Holiday pay. Regular .full -time and regular part -time employees are entitled to receive time off with pay at their regular rate of pay for the holiday. Regular part -time employees receive either 50% or 75% of the holiday pay as determined by the number of hours per week the employee is normally scheduled to work_ An employee employment_ who resigns may not select a holiday as the employee's last day of 4_ Required work on holiday. Art employee whose job performance is essential to maintain public services may be required to work on a holiday: in such cases, the applicable MOA will specify the p and/or benefits received for the work performed on holidays- ay B_ Vacation - 1 Vacation policy_ All regular full -time and regular part-time employees are entitled to vacation time off work with pay. Eligible regular part -time employees accrue vacation at the rate of 50% or 75 %° of the allotment established for full -time employees as determined by the number of hours the part -time employee is regularly-scheduted to work_ Eligible employees will accrue vacation from the date -of -hire but may not take accrued vacation until the completion of six (6) months of continuous service - However, upon completion .of -six months of service, he /she will be eligible to request a scheduled vacation_ This vacation.policy is subject to modification through an applicable MOA for represented employees- 2. Vacation accrual- Vacation accrues for regular full-time employees according to the following schedules established in the .applicable .MOA's . or Outline of Benefits for the Management and Confidential Units_ 3_ Use .of vacation, An employee's scheduled vacation must be approved smallest amount of vacation time that may be used is '/ hour (15m nutes)y An individual may have unused annual vacation leave carried over to the hour year if maximum accrual is reached, further vacation accrual ViiilI stop- When the employee uses paid vacation time and brings the avai €able amount below the cap, vacation accrual will resume at the regular monthly accrual. The City may make an exception to the vacation accrual cap in extraordinary circumstances where, due to the requirements of City service, an _employee is required to forego a vacation during the particular . calendar year_ In such cases, the affected.: employee may apply to the Personnel Officer to increase his or filer vacation cap. by the, number of days the employee was not permitted to take as vacation days_ The Personnel Officer may, in Fits or her sole discretion, grant such requests from time to time_ 4. .Vacation at termination - Upon termination, an employee shall receive a lump sum Payment for the balance of accrued vacatlori hours- Payment for unused vacation effect for such employees at fh shall be made at the rate of pay in . e time ,of .termination_ When termination is caused by the death of the employee, pay for unused vacation shag be .paid to the same beneficiary the employee has by the for' Life Insurance benefits_ Beneficiary designation otherwise, shall be in writing, signed by the employee and filed with the. F=inance Department, Payroll Office_ Vacation accruals are not paid to employees w- ho are employed by the City less than six months. 5.. Holidays falling during vacation - When a day designated and observed by the City as a holida occurs on a day on which an employee is taking vacation, such employee shall not be charged as .using vacation for that-day- The employee's compensation for that day halt. be holida. he/she shall .not .be paid or charged for vacation. This Y Pay and an appl- icabte MOA for represented employees_ Y policy is subject to modification through JTY OF ROMERT PARK 'ersonnel Rules and Regulations Page 9 of 39 CITY OF ROHNERT PARK Personnel Rules and Regulations 6. Illness during vacation_ If an employee becomes.ill or is injured white on vacation, the time off wilt still be counted as vacation time and not sick time. 7_ Vacation accrual during leave of absence. Employees who are off. work on a paid leave shall continue to accrue vacation during the leave period. Employees who are off work on an unpaid leave shall no.longer accrue vacation after ninety (90) calendar days_ C_ Sick Leave - 1. Eligibility- Regular full -time and regular part -time employees are eligible for 'Sick leave in accordance with the applicable MOAs. Unrepresented, confidential, and management employees'. eligibility for sick leave is •specified in the applicable City resolution outlining their conditions of employment, benefits and salary adjustments. 2. Accrual. Sick leave shall be accrued in accordance with the applicable MOA's or Outline of Benefits for the Management and Confidential Units. 3. Use of sick leave_ a_ To qualify for sick leave, the employee must report his/her illness or injury, to his/her supervisor at the beginning of any sick leave period and daily thereafter unless otherwise arranged_ The supervisor may require a written statement from the employee's health care provider verifying that the employee is or was incapacitated and unable to perform his /her duties_ Any absence of five (5) days or more for sick leave will require a certification from a healthcare provider_ b: Sick leave may be taken for an employee's. personal, non - industrial illness or injury_ Additionally, the employee may use up to one -half his /her yearly paid sick leave accrual (based' on calendar year) to attend to an illness of a child, parent, spouse, or domestic partner of the employee or the. - child of the employee's domestic partner_. c_ An employee may use sick leave for medical examinations and appointrrien #s provided; however, that such leave time maybe limited to four (4) hours in any one working day at the employee's supervisors discretion_ .d- An employee requesting to use paid sick leave must specify .whether the use is for personal illness .or to care for a family member_ In the event that an employee e3i`hausts hrs/lier paid. sick leave, he /she may be entitled to additional unpaid leave under -the Family and Medical Leave Policy. e_ Any employee who is absent from work on sick leave shall not engage in work or other activities at anytime that would be in conflict with the inability to report for;work and to " perform the: duties. assigned_ If an employee violates this policy, appropriate disciplinary action will be taken.. . 4. Sick leave accrual during leave of absence: Employees who.are. off work on a paid leave shaft continue to accrue sick leave .during the leave period_. Employees who are off work on an unpaid leave shalt no longer accrue sick leave after ninety (90) calendavdays_ 5_ Accumulation_ Accrued sick leave may be accumulated to .the limits described in The applicable Mernorandurn of Agreement. 6. -Sick leave and Workers' Compensation disability payments An employee receiving temporary disability payments under the Workers' Compensation Laws, may use accumulated sick leave in to continue to maintain his /her regular income_ Under such circumstances, the .employee shall be paid (out of his or her sick leave balance) the difference between his/her fun. salary in proportion to the amount of his/her full salary paid by the City.during such period of disability_ CITY OF ROHNERT PARK Page 10 of 39 Personnel Rules and Regulations CITY OF ROHNERT PARK Personnel Rules and Regulations D_ Bereavement Leave .- 1. In the case of death within the immediate family of an employee, the employee shaft be, entitled to three (3) days of paid leave. An additional two (2) days of sick or vacation leave may be taken upon approval of the employee's supervisor if the employee must travel out of .the area (at feast 250 mites one way) - -. Immediate family in ibis case means: mother -in -law, br spouse, domestic partner, father, father -in -law, mother, other, brother -in -law, sister, sister - in-law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent - in-law, grandchildren and relationships in loco-parentis and close personal relationships; with the approval of the City Manager or his /her designee. The employee's supervisor may require proof of death. of the Person(s) for whom the employee is taking bereavement leave. E_ Military Leave - 1. Eligibility. The City grants military leave to all employees for service in the uniformed services in accordance with federal and state law. 2 Notice_ The employee must notify his /her supervisor of becomes pcoming military duty at soon as he /she mes aware of his /her obligation and provide a copy-of his/her military orders. 3_ Compensation_ Employees on temporary military leave will be paid their normal salary for the first thirty (30) calendar days while engaged in the performance of ordered military duty. Pay for such Purposes shall not exceed 30 days in each fiscal year - if the employee's military leave exceeds thirty days, the .city wit{ continue to pay the; difference between. the employees normal salary and the. total of his/her military compensation it the employee is. called to act emergency, ive duty as a result of a declaration of war, or as necessary for homeland security as. declared by the President of the United States, Secretary-of Defense, Secretary of Homeland Security or the Governor of California_ in such cases, the e employee shaft submit his /her military earning statement. to the Finance Department Payroll Office to assist in calculating the employee's salary_ In no event will the employee be compensated in excess Of his/her normal City salary- . All other military leave is unpaid except where necessary, to maintain exempt status under the Fair Labor Standards Act- Employees may elect to use any other accrued paid leave time (e -g_ vacation) during unpaid military leave_ Employees will receive any merit and /or general salary increases for which they be military leave_ come eligible during mil 4_ Benefits_ a_ Health insurance_ All health insurance benefits .will remain in place while the employee is in a Paid military leave.status as indicated in Section 3 above_ For employees in a non pay status, an health :insurance benefits wily continue for a period of 12 workweeks on the same terms. and conditions as if the employee were not on a leave of absence_ The 12 workweeks would be calculated based on the beginning of non- pay-status_ Thereafter, the employee has the option to continue- Us/her .health plan benefits, at the employee's expense, for up to eighteen months: For employees both in ,a paid and unpaid status, the benefi the Is shat{ be provided in accordance with City' applicable agreements, outlines, rules, policies and procedures and all state and federal Paws_ Such benefits may be subject to individual plan provisions_ b, Pension plan benefits_ During any period of paid leave,. the City will pay the employer and entitled to pension benefits employee contributions to CatPERS_ Additionally employees returning from Military leave are, fits that accrued during military service and to any CaIPERS contributions {TY OF ROHNERT PARK ersonnet Rifles and Regulations Page 11 of 39 ;ITY OF ROHNERT PARK 'ersonnel Rules and Regulations that would have been made if the employee had not .been absent due- to military leave. Military leave is not considered a break in service for purposes of pension benefits. c_ Vacation benefits. Vacation benefits continue to accrue during paid military leave._ Employees returning from military leave are entitled to begin accruing vacation at the rate the employee would have attained it the employee had not taken military leave- d_ Seniority_ Employees returning from military leave are entitled to the seniority and other. rights and benefits determined by seniority that they would have attained with reasonable certainty had the employee not taken a military leave_ 5- Reinstatement. Employees will be reinstated in accordance with all applicable-. laws- Upon completion of military leave, the employee is required to furnish the Human Resources Department a copy of his /her military separation document_ Reinstatement will not be denied or delayed if the information does not yet exist or is not readily available, however, the employee is required to provide the information as soon as it is available_ Reinstatement will be denied only when legally permissible. - Federal law provides for the following reinstatement period_ a. For military leave of less than 31 days, the employee must report for reemployment at the beginning of the first regularly scheduled workday that would fall eight hours after be. or she returns home, unless reporting within such lime frame is impossible and then the employee must report as soon as possible. b_ For military leave of more than 30 days.but less than 181 days, the employee must report for reemployment within .14 calendar days following completion of service, unless reporting within such time frame is impossible and then the employee must report as -soon as. possible_ c_ For military leave greater than 181 days, the employee must apply for reemployment within 96 days of completion of the service_ Family And Medical Leave - 1 _ Eligibility. Family and medical leave ( "FTVlL ") shalt tie granted in accordance with the provisions of state and federal law_ Alt employees who meet the eligibility criteria stated in this policy are entitled to take an unpaid FMt__ To quality for FML, an employee must have been employed bythe City for a period of twelve months and have worked for at least 1250 hours during the 12- -month period immediately. preceding .the leave_ FML may be granted for the following reasons- (1) the birth of a child to an employee or placement of a child with an employee in connection with the adoption or foster care;-(2) to care for a child; parent, spouse or domestic partner who has a serious health condition;. or .(3) for the employee's own serious heath -condition that makes the employe_ a either. unabte:lo work at. all or unable to perform one or more of the essential functions of the position assigned_ 2_ Amount of FML Eligible employees are entitled to FMt_ totaling twelve.(12) weeks within a 12 -month period_ The 12 -month period within which the leave must - be taken begins on the date the employee's leave begins and concludes 12 . months after- that date_ This leave .shall. be concurrent with any disabiiity.:feave associated with pregnancy, childbirth; or related pregnancy c0r4tions as provided in the City's Pregnancy. Disability Leave (PD(' ) Policy_ 3_ Intermittent leave_ When medically.necessary-:(as certified by a health care provider), leave maybe . taken on an intermittent or reduced leave schedule_ "Intermittent leave" is leave taken in separate blocks of time due to a single, event, rather than for one continuous period` of time; and may. include periods of not less than 114 of an .hour and up to several weeks_ The City may require an employee CITY OF ROHNERT PARK Page 12 of 39 Personnel Rules and Regulations CiTY-OF ROHNERT PARK Personnel Rules and Regulations who is on a reduced work schedule or intermittent le position, ave to temporarily transfer to an alternative with the same pay and benefits, if the alternative position better accommodates the required work schedule than the employee's usual position. 4_ Notice of leave. An employee must provide at least need for thirty (30) days advance written notice of the FML whenever possible. If thirty (30) days notice is not possible, the employee must give notice as soon as possible. if, the employee fails to give thirty (30) days advance notice for Postpone foreseeable events without any reasonable excuse for the delay, the City reserves the right to the leave until at least thirty (30) days after the written notice was received_ 5. Statement of health care provider. When the leave is for a serious health condition; a 'health care Provider must provide written . certification to support 'request employee's serious health condition shall specify tp e c mmenceme t date aof the event which statement is the employee from performing the functions of his /her position, the anticipated duration of the leaves and a statement that the employee is unable to perform the essential functions of his or her position. The statement for the employee to attend to a family member shall state the date of commencement of the serious health condition; the probable duration of the condition; an estimate of the amount of time that the health care provider believes the employee needs to take in order to care for the family member; and that the serious health condition warrants the participation of the employee_ If the FML request is for the employee's own serious health condition, the City may require, at its expense, a second opinion from a health care provider designated by the City_ The health care Provider designated by the City will not be one who is employed on a regular basis by the City_ if to second opinion differs from the first opiniori, the City may require; at its expense, that the employee obtain a third opinion by a health care provider. approved jointly by the City and the employee_ The third opinion shall be considered final and binding.on the City. and the employee_ A new statement from a health care provider may be required it the employee requests an. extension to the leave requested in the original statement: The City does not require the certification disclose the underlying diagnosis without consent from the employee_ 6. Pay during Leave leave fir FML is unpaid except to the extent The employee elects to substitute accrued paid me_ An employee may use accrued sick leave -when the FML es for t employee'. or the employee's family member's o s serious health condition. An employee may substitute accrued vacation leave, compensatory time off and /or paid administrative leave for any F:ML. The a Occ'fufion c paid leave time does not extend the 12-week maximum -leave time_ 7. insurance benefit premiums during FML_ An e "n►ptoyee is eligible for the'same insurance benefits and premium payments for each benefit during FML -as if the: employee were riot. on leave, for a maximum of twelve (12) weeks_ An employee on unpaid leave beyond the twelve (12) weeks is no longer considered on FML and; therefore, if the employee wishes to continue health insurance coverage he or she may do so at his or her,expense, of the City's group rates_ The employee ri�ust: arrange for payment of his/her premium contribution, in advance_ A lapse in insurance .coverage t occur if a premium: payment is more than 30 days late. 8_ Other benefits during FML_ During any portion of FML for which an employe: mployee substtaufes other' aid leave benefits, the employee vviq continue to accrue paid leave benefits (i e_, sick. leave; vacation leave); seniority, and other benefits to the same extent that the employee would accrue to e., vacation, if not on FML. Employees on FML are not eligible for holiday pay (e-g- paid for hofidays.wortCed� for ­ holidays that fall during FML 9. Reinstatement_ Except as provided in Section 21.3.7, an employee who takes FML shall.e eligible for reinstatement to the employee's former position at the former rate of pay_ However, it. ih'e position ITY OF ROHNERT PARK ersonnel Rules and Regulations Page 13' of 39 �ITY OF ROHNERT PARK 'ersonnel Rules and Regulations is not available - due to business necessity, the City may instead offer . the employee a job that is comparable in terms of pay and duties. An employee retains the same right to employment as if not on FML. If an employee fails to report to work promptly at the end, of FML, the employee will be assumed to have abandoned his /her employment unless additional leave has been approved. 10_ Reinstatement for key employees If reinstatement of a key employee causes a substantial and grievous economic hardship to the City,. the City may deny reinstatement of the key employee to the position held at the time FML was requested_ A key employee is defined as an employee who is paid on a salary basis and is among the highest paid 10 percent (10 %) of all City employees as determined at the time of the request for leave_ 11- Statement regarding return to work_ it the employee takes FML leave for his or her own serious health condition, the City requires a statement by the employees health care provider that the employee is fit to return to hislher job_ 12. Other work_ The City shall take. appropriate disciplinary action if it determines that an employee has engaged in other work during a FML that is inconsistent with the employee's use of FML 13. Definition_ of healthcare provider_ A health care provider as used herein means a person holding either a physician's and surgeon's. certificate under applicable California taw or an osteopathic physicians and surgeon's certificate under applicable Califomia taw or any. other individual duly licensed_ as a physician, surgeon; or, osteopathic physician or surgeon in another state or jurisdiction who directly treats or supervises. the. treatment of serious health conditions or any other person who meets the definition of others 'capable of providing health care services- as set forth in the federal Family and Medical Leave Act and its implementing regulations_ Pregnancy Disability Leave - I- Eligibility_ Any employee who is disabled from working due to pregnancy, childbirth or related. . medical conditions is eligible for Pregnancy Disability Leave (PDL) - 2_ Amount of PDL PDL will be allowed for the period of disability but not to exceed four (4) months (88 working days for.futl -time employees and pro-rata for part -time employees)_ PDL. may be takers on an . intermittent or reduced hour basis when determined-medically advisable by the employee's health care provider, e_g_, for morning sickness, prenatal doctor's appointments_ The smallest increment of time that can be used for such leave is 1/4 of an hour_ The City may require an employee who is 'on a reduced schedule or intermittent leave to temporarily transfer to an alternative position if the alternative position better accommodates the required work schedule_' 3_ Notice of PDL_ Whenever. possible, an employee. must provide at.least.thirty (30) days advance written notice of the need for. PDL_ tf thirty (30) days notice is not possible, notice must be provided as soon as possible_ 4. Transfer privileges. Employees who are pregnant or have a pregnancy - related medical condition may request.a transfer. to a less strenuous or'hazardous position or to less strenuous- or hazardous duties, if, such a transfer is medically advisable and can be reasonably accommodated_ Where transfers are made based on the employee's health needs, the employee will receive the pay specified for the alternate positiort and /or duttes_ . 5. Statement by health care provider_ An employee requesting PDL shall provide the Human Resources Department with-.certification from her health care provider, stating the anticipated delivery. date and estimated dates and duration of the disability_ if there is a-change in diagnosis, and the dates are either accelerated or delayed, notification from the health care provider is required_ CITY OF ROHNERT PARK Page 14 of 39 Personnel Rules and Regulations CITY'OF ROHNERT PARK Personnel Rules and Regulations A health care provider's statement must be submitted verifying the need for pregnancy disability leave or for transfer, stating the following-. a_ The date on which the employee became disabled due to pregnancy, childbirth or related medical condition or the dale on which the need for a transfer became medically advisable-, b_ The probable duration of the period or periods of disability or the need for transfer; and c_ A statement that, due to the disability, tlte. empfoyee is unable to .perform one or more of the essential functions of her position without undue risk to herself and, the successful completion of her pregnancy, or that transfer is medically advisable_ A new statement may be required if the employee requests an extension of time beyond that specified in the original statement. Any changes in the information contained in the health care provider's. statement must be Promptly reported by the employee to the Human.Resources Department. 6. Use of accrued leave while on pregnancy disability leave_ An employee may use any combination of accrued paid leave during the duration of PDL_ The substitution of paid leave does not extend the maximum length of a PDL /- insurance benefit premiums during PDL_ An employee Will receive the same insurance benefits and premium payments during PDL as if the employee were not on leave, for a maximum of twelve (12) workweeks_ An employee on unpaid PDL beyond this period may continue health insurance or other benefit coverage at own her expense, at the Citys group rates_ The employee must arrarige.for Payment of he premium contribution rri advance_ A.lapse .iri insurance coverage writ occur`if a premium payment is more than 30 days late:. 8_ Other benefits during PDL During any portion of PDL for which an employee substitutes other paid leave benefits, the employee will continue to accrue paid leave benefits (i_e_, sick leave; vacation, leave), seniority, and other benefits to the' same extent thal`the employee would accrue' se benefits if not on PDL_ Employees on PDL are not eligible for holiday pay (i_e_'pay for holidays worked) :for holidays that fall during the PDL_ 9_ Reinstatement_ An employee who takes PDL shall be eligible for reinstatement to her former position at her former rate of pay. However, if the same position is no longer available due to business necessity, the City may instead offer a job that is comparable in. terms of pay and duties_ if an empfoyee fails to report to work promptly `at the end of PDL, the employee will be assumed to have abandoned her employment unless additional leave has been approved_ 10_ Statement regarding return to work_ The City requires an employee returning. from PDL to. a statement from a health care provider that certifies the employee's fitness provide for duty, . 11_ Other work_ The City shall take appropriate.disciptinary has action! if it determines that an enpfoyemployee engaged in other work during a PDL that is inconsistent with the employees use of PDL_ 12_ Definition of health care provider_ A health care provider as used herein means a person holding either a physician's and surgeon's certificate under applicable California iavv or an osteopathic physician's and surgeon's certificate under applicable California !aw or any other iridividuat. duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another. state or j clruaf duly who directly treats or supervises the treatment of serious,health conditions or any other person who meets the definition of others. "capable of providing health care services" as `set forth in the federal Family and Medical Leave Act and its implementing regulations_ ITY OF ROHNERT PARK Page 15 of 39 ersonnel Rules and Regulations aTY OF ROHNERT PARK 'ersonnel Rules and Regulations Work - Related Injury And Illness Leave Eligibility_ All City . employees are covered by Workers' Compensation Insurance_ All regular employees are eligible for industrial sick leave as provided in the current applicable memorandum(s) of agreement. Reporting accidents and injuries. An employee who is injured or becomes ill in the course of employment must immediately report the incident to the employee's supervisor. The supervisor must provide an Employee's Claim.for Workers Compensation Benefits form to the injured /ill employee for completion as soon as possible. Within 24 hours of receipt from the employee, the supervisor must submit the completed supervisor's report of injury to the Human Resources Department_ An employee who fails to promptly report a work- incurred injury or illness to his or her supervisor may be subject to discipline, .up to and including termination_ 3_ Temporary disability benefits. An employee eligible for temporary disability payments under the Workers' Compensation Law will receive the amount as provided by that law. 4_ Salary continuation integration with accrued leave. Employees receiving temporary disability payments under the Workers Compensation Law may elect to use accrued paid leave benefits at the same time they are receiving temporary disability, but only up to an amount which, when combined with temporary disability payments, does not exceed one hundred (100 %) percent of the employee's normal salary_ Accrued leave hours shall be charged to the extent of wages paid by the City to the employee_ 5_ Termination after work- retated-.injury. or iitness_ Unless otherwise prohibited by law, an employee may be terminated after the treating physician's finding that the employee's condition is "permarient and stationary" and that the disability precludes the employee from doing the essential functions of the job 6_ Anniversary date' A regular employee who is- absent from work* as the result of a work-incurred injury or illness -shall .retain his/her ariniveirsary date_ An -employee who has not completed the probationary, period is ineligible for certiCcation;to regular status during leave for a work - related injury or illness and . the date for completion of the probationary period will be extended to reflect the amount of time.absent on such leave_ Witness Duty - An employee who is required to appear as a witness or to otherwise participate on behalf of the City in any judicial or administrative proceeding shall receive pay as though at work for time spent in the proceeding_ The employee must remit any witness fees received to the Finance Department, Payroll Office_ An employee subpoenaed to appear in 'a proceeding in which the City is not a party shat! fie granted leave inritiaout pay during the lime required for that appearance, except where necessary to maintain the employee's exempt status under the Fair Labor Standards Act_ The employee may use accrued vacation, administrative leave or compensatory time for this purpose_ Jury Dutv - All regular acrd probationary emptoyees railed to jury duty will be granted a paid leave_ A copy of the jury ` summons must be given to the Human. Resources Department_ The employee shall receive full pay for the time served on jury duty, provided the employee remits to the City all fees .as soon as . received by the employee for such duties_ Compensation for .rnifeage or subsistence allowances shalt not be considered as a fee and shall be retained by the employee: CITY OF ROHNERT PARK Page 16 of 39 Personnel Rules and Regulations CITY-()F RONNERT PARK Personnel Rules and Regulations All other employees will be granted leave without pay except where necessary to maintain the em exempt status under the Fair Labor Standards Act- ployee's If an employee is required to report to jury duty within 2 hours of the scheduled start of the workday; the employee is not required to report to work at the start of the workday, but shall. report directly to jury duty _ If an employee is released from . jury duty with more than one -half of his /her workday remaining, y empfoyee is required to report to work to complete the regularly scheduled workday_ 9. the K- Unpaid Administrative t eave - 1- Eligibility. Upon written request of an employee, the Personnel Officer may unpaid leave of absence without pay for a period not to exceed six (6) months. approve in writing an 2- Reason Yor. leave- Unpaid Administrative Leave will be granted for the following Our ses- Po a- School visit Leave. An employee who is a parent, grandparent, or duly appointed guardian with custody of a child in .a licensed day care facility. or in kindergaften granted up to .40 hours in a 12 -month period (not to exceed hours in 9 m grade will be n one month) to visit the school site, if reasonable prior notice is given to the Personnel Officer. - Additionally; a parent; grandparent, or guardian of. a child may take time off to appear suspension of a child_ The employee may use accrued leave for school�€its_c1f� ued leave is exhausted; the Personnel Officer may allow the employe e to work an alternative schedule is accommodate the leave or provide leave without pay - to Written proof of the date and time of the visit signed by an appropriate school official ma required to be provided to the Personnel Officer on return to the job- y be b- Voting leave- Any employee, if. he or she does not have sufficient time outside of working to vote, may request up !o two (2) hours of accrued paid leave either at the begin ns g ours scheduled working hours to enable the employee to vote- if the employee n9 or end of leave, time aft shalt be granted without P 9yree has no accrued. paid under applicable state and federal wage and hour laws_ where necessary to niaintair� exemptions c- Domestic violence leave An employee who is the victim of domestic vi leave or, use any available paid time off benefits to ensure his/her health hild, by obtaining a temporary restrain ; olence may take u npaid safety or welfare, of that Of his /her cing order, a restraining order, or other co assistance_ - Additionally, an employee may take urt leav to seek medical or Psychol cat treatment,. to obtain necessary social servi e ces, and /or to participate in safes oilier actions. to increase safety_ The em y-Planning or take such leave and shall.. provide. evidence satin employee to the Perds reasonable notice of the need for or more of the activites specified in the onriei.Otficer of participation in one be in accordance with tabor Code section 230 1 g sentence' amount of leave Provided shall d- Grime victim assistance leave- An employee who is the victim of a.crime,ahe irnmediat member f a victim, a registered domestic partner of a victim, or the child of.a registered domestic e family partner of a victim may take an unpaid leave or any available paid time off benefits t judicial proceedings related to that crime_ o attend e_ Emergency duty and training. leave: V-oiunteerfirefighters and other erner take an unpaid leave or use accrued' leave to Perform emer en' Personnel may. may take up to 14 days leave g d�Y. Volunteer firefighters yea Provide reasonable notice to the Personnel Officer of the need for such,ieaye and shalt rovide engage in training. The employee must the Personnel Officer satisfactory evidence of participation in the erriergency duty or training. to lY OF ROHNERT PARK rsonnel Rules and Regulations Page 17 of 39 ;ITY OF ROHNERT PARK 'ersonnel Rules and Regulations Miscellaneous leave_ in addition to the leaves described above., the Personnel Officer may approve other requests for unpaid leave at his /her discretion_ Health Insurance Benefits - Benefits. The City_ provides group medical, dental, and vision insurance to eligible employees and their dependents and domestic partners (effective January 1, 2005) as detailed in the applicable MOAs and City Council resolutions outlining conditions of employment and benefits_ The Personnel Officer shall maintain records .of the terms and conditions of the health. insurance and other benefi t contracts, benefit levels, and administration procedures_ More detailed information regarding these benefits is set forth in the official plan documents and insurance policies that govern the plans. If there is any actual or apparent conflict between the brief summaries contained in this policy and the terms or limitations of official plan documents, the provisions of the official plan documents will prevail_ Employees who wish to inspect those documents may make an appointment with.the Personnel Officer for that ..purpose. Due to changes in MOAs, terms, conditions, benefit levels and administration requirements may be adjusted from time to time_ 2_ Commencement of benefits_ The benefits described in this section shall begin the first of the month following the first day of employment or on the date -of -hire if it occurs, on the first of the month_ Health insurance waived by certain employees_ The City provides eligible employees alternative medical benefits when the employee has coverage from another source and the employee waives benefits under the City's plan_ These alternative benefits are described in Resolution No_ 96 -203_ 4_ C_O_B_R.A_ The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires the City to offer. employees .and their eligible dependents an opportunity for a temporary. extension of health coverage upon separation of employment or loss of dependency. status= The specific provisions and restrictions of. the Act are available from the Human Resources Department. M_ Miscellaneous Employee .Benefits - 1 _ Disability wage plan_ The City provides a disability wage plan to regular .full time and part -time employees. 'Benefits and conditions of the plan are more. specifically described within the City's Disability Wage Plan:document available upon request from the Human Resources Department 2_ Longterm disability insurance City provides longterm disability_ insurance to regular full-time and regular part -tune employees_ The purpose of LTD' insurance is to provide eligible employees -with a percentage of normal income when an injury or illness occurs on or off the job_ The City provides: two different LTD.ptans_ The terms of the specific plan can be found in the applicable MOA or applicable resolution outlining. conditions of work and benefits_ The terms and: conditions of this be_ netit may be modified from time to time in the event that the City changes carriers_ When an employeo is _ receiving ' benefits from other sources, the total amount . of compensation received by ttie employee,'including LTD benefits, shall not exceed one Hundred percent (100°x) of the employees normal monthly income_ 3_ Catastrophic leave program_ The catastrophic leave program provides additional paid leave time to eligible employees suffering. from .financial hardship and who otherwise meet the criteria of the program_ Please refer to Resolution 01 -270 for the details of this program_ 4_ Employee Assistance Program (EAP)_ The City provides, at no cost to all regular fait -time and all regular, 12- mouth part -time employees, legal dependents, and domestic .partners (per AB 205 effective January 1, 2005) an employee assistance program_ The program provides access to professional counselors and therapists to assist employees in resolving stress resulting from per sanat issues, substance abuse, grief or work - related issues_ Any information provided to a counselor or CITY OF ROHNERT PARK Page 18 of 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Rules and Regulations therapist is confidential_ No information is provided to the City regarding an eligible member's use of, the EAR To make an appointment with a counselor call Cigna Behavioral Health at (888) 371 -1125. For more information, contact The Human Resources Department. 5. Health Care Tax -free dollar accountprogram. This program allows permanent full -time or part -time employees to set aside a, maximum of $3,000 per calendar year of before tax wages for medical premiums; co- payments, or out of pocket medical costs, as authorized by the Internal Revenue Services and the California Franchise Tax Board- A regular employee becomes eligible on date of hire. Employee Participation in this program is coordinated through the Finance Department_ The tax deferral limits are subject to change due to changes in federal and /or state law - 6. Dependent Care Assistance program_ This program allows eligible full -time or part -time employees to set aside a maximum of $5,000 per calendar year before tax wages for child care expenses as authorized by the Internal Revenue Services and the California Franchise Tax Board. A regular employee becomes eligible on date of hire. Employee participation in this program is coordinated through the Finance Department_ The tax deferral limits are subject to change due to changes in federal and /or state law. Deferred income program. The City participates in a deferred income program now being administered by National Deferred and ICMA. ' This program allows eligible full -time or part -time . employees to set aside a maximum of 1$13,000 per calendar year ($14,000 in 2005, $15,000 in 2006) of before tax wages for. post- retirement income as authorized by the Internal Revenue Services and the California Franchise Tax Board- .A regular employee becomes eligible on date -of -hire. Employee participation in this program is coordinated through the Finance Department. The tax deferral limits are subject to change due to changes in federal and /or state law. 8: Hepatitis B program. Below.is an. explanation of the City's Hepatitis 8 Program. Employees who may have to perform. first aid as a regular job duty or are in expose them to bodily fluids need to be offered the Hepatitis B immunization Program per which Cit�y's t Blood -borne Pathogens Program- These job classifications are: Public Safety Officer PIS- Sgt_ P-S_ 0. P_S. Division Commander Director of Public Safely Community Services officer Evidence Technician Property Specialist Vol: Auxiliary Firefighter .Reserve Officer Seasonal ttAaintenance.Assistant Maintenance Hefpei Maintenance Worker .t Maintenance Worker ll 'Public Works Services Supervisor Recreation .Supervisor At the.time of the pre - employment physical, the candidate has a blood test thaf' lets the city know if they have the Hepatitis :B antibody_ . At the-em' loyment orientation, Human Resources- Department . Provides the -new employee (if they are in one of. the jobs classes fisted above) information on `what Hepatitis B is and a check -off form, which indicates whether or not they wish the 3 -shot immunization program_ Human Resources (HR) logs in the employee's response in rfs safety records. ITY OF ROHNERT PARK arsonnel Rules and Regulations Page 18 of 39 CITY OF ROI MERT PARK 'ersonnel Rules and Regulations Employees who wish the 3 -shot Hep_ B series go get their shots, - ,Worm HR When 'they received each shot, and turn in their receipt for reimbursement- Employees with Kaiser insurance can get them free of charge through Kaiser as preventative care and necessary .due to. their job class. Employees with Blue Cross insurance are instructed to get their shots..at the County Health Dept_ and submit their receipt for reimbursement_ It is important that the employees not miss an appt_ for a Shot as they might have to repeat the series. There are specific timefrom.' es for each shot_ - if an exposure incident occurs at work,. under wokers compensation, the City has the employee tested and if necessary they are given a Hep_ B booster shot for.additional protection. SECTION 4 - iN -HOUSE RECRUITMENT A_ Transfer - If an .employee is qualified, the Personnel Officer may.approve the transfer of an employee from one position in the City to another position in the same class or to another. position in a different class with the same maximum salary_ 1- Types of transfers. a. Voluntary request for transfer initiated by department supervisor.and /oc employee. b. Involuntary transfer initiated by the Personnel Officer to better serve the needs of the City: c- Transfers for disciplinary reasons are subject to the provisions of Section 8_ d_ The Personnel Officer may transfer an employee to a.class with a lower maximum salary. with the consent of the employee, provided the employee Possesses .the desirable_ qualifications for tfie position to which he /she reassigned_ 2_ Process for transfers_ Transfer process and approval is made as follows: a_ At least two weeks prior to the transfer, a notice will be sent to the affected employees) and bargaining units) stating the nature of the transfer and an explanation as to why the transfer is b_ The employee has a right to respond in writing within five (5) workdays from date of notice, c_ The employee has a right, through their bargaining unit, to fife a grievance within.the'time limits established in the grievance procedure_ B_ Promotion — 1_ Qualifications. A person may be moved to a class with a Higher maxiimum salary onfy.iif..[ she has = the desirable qualifications for the higher class_ These desirable qualifications are aseertaiied on the basis of information obtained from application forms, tests, examinations, interviews, past performance reviews or evaluations, and /or input from an employee's supervisor. 2_ Intemallexternat .recruitment- In filling vacancies for positrons above entry-level, consideration will - first be given to existing City employees. However,. the Personnel Officer may recruit from .outside - when the Personnel Officer determines that appropriately qualified City employees are not availabie to fill the vacancy_ .The. City reserves the right to conduct an. open recruitment process :to. M a vacancy in a higher-tevel position or to fill the vacancy by -advancerbent of a qualified emptojree .that currently occupies a lower -level position- CITY OF ROHNERT PARK Page 20 of 39 .Personnel Rules and Regulations CiTY OF ROHNERT PARK Personnel Rules and Regulations 3_ Request for eligible employees. When a vacancy occurs, the Supervisor may request a list of names of persons in City employ who qualify for promotion to the vacant position for consideration from the Human Resources Department. 4. Determining pay for promoted employees. Refer to Section 2 - Pay Plans and Copensaiion, Pali B, Section 3Compensation, To Program - In an effort to provide upward mobility o pportunities for current City employees and .10 employment opportunities to the general public, the Personnel Officer can add the word °Trainee to any classification, within the financial ability of the City, except those represented by a bargaining unit, employed by the City and to recruit and select individuals !o fill positions as deemed appropriate- 1- The training program provides an opportunity for a current employee to gain additional skills by. a. additional experience in a different classification b_ additional schooling; C_ completion of an appropriate examination; d_ obtaining a State certificate or license in a specific classification- 2. Recruitment for these positions may be promotional or open as deemed appropriate by the Personnel Officer and the Initial salary would be up to thirty percent (30 %) below the beginning of the established salary range_ 3_ Transition ffom trainee classification may occur as early as six (6) months but no later than two (2) years from the date.of appointment_ Minimum qualifications for the position must be attained prior to transition_ Transition may 'oc r Personnel Officer_ upon recommendation of the Supervisor and approval of the Apprenticeship Program - The City may establish an apprenticeship program in padnersh� with a local school district, Sonoma State "University, Santa Rosa Junior College, or an accredited trade school- This Program would be conducted in cooperation with the applicable bargaining units. Probationary Pee•iod_ The probationary periods set forth in Section 5 also apply placements to a" resulting from the in -house recruitment process. $ECTIQN 5 - RECRUITMENT PROCESS Annourscement of Vacancies - Notices of employment opportunities house, via electronic. snail, allovn pru it the City will be first announced in allowing current employees the opportunity to apply for the _ position. The announcement will also: be posted iii the City offices and publicized in any other ways necessary to attract the best qualified candidates_ 1. Open recruitment_ The Per Officer has the discretion to begin open recruitment outside of City employ when he/she knows that the City does not have employees skills_ with the required knowledge or 2_ Notices. Such notices list the classes in which vacancies are anticipated, specify the class title, salary range fringe benefits, #16-" ture of .work. performed . and the qualifications .required for employment; in the class, -tell when and where to file applications for employment, 'and _.give information about the testing, scoring and selection procedure to be used_ ITY OF Ro"NERT PARK arsonnet Rules and Regulations Page 21 of 39 ITY OF ROMERT PARK ~ arsonnel Rules and Regulations Applications -Every applicant responding to a Cit y recruitment shall. file:an official City application form_ Applications shaft be available in the City's. Human Resources office_ Applications and supporting documentation filed with the City are the property of the City_ Any information on the application will not be made public_ 1. Application form. The form by which a person applies for a position with the city is prescribed by the Personnel Officer and requires information abbot the applicant's training, experience, qualifications and any additional information the Personnel Officer deems pertinent to an evaluation of the applicant's fitness for a position. 2. Deadline for filing applications- Applications and all required documents must be filed in the Human Resources Department on or before the final filing date and time specified in the position announcement. 3_ Rejection of applications. The Personnel Officer may disapprove an application, disqualify an applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed: a. lacks any of the requirements established for the examination or position for which application has been made; b_ excessively uses narcotics and /or intoxicating liquors to the extent that they are unable to perform the essential functions of the position; C. an employee that is not physically and /or mentally able to perform the essential functions of the job, with or without reasonable accommodation; d. has made any -false statement or omission of any significant fact, or has practiced or attempted to practice deception or fraud in the application; in declarations, or in securing eligibility or appointment; e. has directly or indirectly obtained information regarding the content of an examination to which an applicant is not entitled; t. previously been dismissed for cause from apy public or such dismissal- private employment or resigned to avoid g_ has failed to submit a complete and /or signed application within the speck time.limits, h_ has failed to reply within five .(5) working days from the date mailing; to communications concerning availability for employment; i_ has made himself/herself unavailable for employment .bjr requesting that his/her name be withheld from consideration_ j_ for any material cause which; in. the judgment of. the - Personnel Officer, would render .the. applicant unfit for the Particular position; including a prior resignation from City services accepted with prejudice_ 4_ Criminal convictions_ Convictions (including pleas of guifiy.and nolo contendere) may diisqualify an applicant from employment by the City Cri- mirial convictions do not necessarily disqualify individuals from►, employment with the City._ In determining whether an individual'with a conviction is disqualified, the Personnel Officer w consider the following factors: a_ the employment classification to which the person is applying, including its sensitivity, CITY OF ROHNERT PARK Page 22 of 39 Personnel Rules and Regulations CITY43F ROHNERT PARK Personnel Rules and Regulations b_ nature and seriousness of the conduct, C. the length of time since the conduct, d_ the age of the individual at the time of conduct, e_ circumstances surrounding the conduct, contributing social or environmental conditions, and g_ the presence or absence of rehabilitation or efforts at rehabilitation. 5. Employment of relatives_ A position within the City vviii riot be filled -b an individuat,.H,here that individual would be subject to supervision y , evaluation, discipline, or decision's. regarding compensation by a close relative_ No person will serve in a department where the Supervisor is a close relative or in a division where the division head is a .close relative_ For a definition of "close relative," see the glossary of terms at the conclusion of these rules. 6. Notification of disqualification - If an applicant is deemed disqualified for any of the above reasons, the Personnel Officer will notify the applicant or action eligible in welling at his /het fast knoinm address, of the i taken. An applicant has the right to respond orally or in writing within five'(s) working days from the date of mailing to the Personnel Officer, with no further right -to appeal_ Selection Procedure - The method used to select employees shall be. impartial and shall relate to those subjects which fairly measure the abilities to execute the duties and.responsibrhires`.of the dassification in which the vacancy exists. Selection procedures consist of one or more of the methods..listed tielow_ The same method shall be applied equally in a single examination_ 1_ Application. Information the applicant supplies on the City's application forrn,:and.ariy attactinrents thereto will be reviewed under the supervision of the Human Resotxces Assistant or hi_s/Eier designee and the applicable department supervisor. The same criteria: and point system is .utilized for all applicants for the same position- 2. Examinations. The selection techniques used in the exarnrnafror' process wit! be impartial; practical, and related to those subjects which . fairly measure the relative capabilities of the apptrcant.examined to execute the duties and responsibilities of the class, to which they seek to be appointed Examination -- may consist of, but are not.limited to, such techniques as written tests :person at rntery ew skills and Performance tests; assessment centers, review of performance evaluations, evaluation Performance. evaluation of work samples_ of daily: wofk. . 3_ Documentary evidence. Applicants for positions are required to provide documentary evidence of education; training; or experience_ The City reserves the right iciTe feat the skill level . Of: any;applicant_ 4_ Scoring and rating, The Personnel Officer will establish' the- relative weights of examrrtation_ and Other components of a position_ The basis of tfie iina! score "will be included in .fhe job announcement_ Scoring and rating s}istems may be numerical or non- numerical as determined by the Personnel Officer: a_ Appointment preference on open /promotional recruitments will be. extended to any _regular City. ` employee_ Regular city employees will be granted the followingsebritrg. preference-- a for.eacy year of service, with a maximum preference of - 10 °!0_ Depending on tscoring established for the classification recruitment, the preference may: be expressed as an additional percentage or additional points_ See example below for detailed exgfarratiori_ :ITY OF ROMERT PARK Page 23 of 39 ersonnel Rules and Regulations :ITY OF ROI-INERT PARK 'ersonnel Rules and Regulations PERCENTAGE EVALUATION (sample Employee's Total Score = 80% Years of City Service as.a Regular Employee = 10 (calculates to an additional 10, %) Employee's Adjusted Total Score = 80% + 10% = 90 %* POINT EVALUATION (sample) Employee's Total Points = 175 out of a possible 200 Years of City Service as a. Regular Employee = 10 (calculates to an additional 20 points 1200 x 10% = 201 Employee's Adjusted Total Score = 175 + 20 = 195' 'The combination of an employees performance in the examination process and years of service may give the employee 'a higher score than the maximum possible_ in such a case, the employee shall receive the actual score. calculated above the maximum and be ranked accordingly: Specifically, for the examples listed above, the employee achieving the maximum score on the percentage evaluation would receive a total score of 100% + 1.0% _ .110 %; and on the point evaluation receive a total score of. 200 + 20 = 220. b_ in accordance with Resolution 2001 -271, the City does not grant preferential status to any select group of personswhen, applying for a position_ Interview Process - I- Interview boards The Personnel .Officer Will assemble and appoint interview boards_ These boards maybe: comprised of pnyate citizens; experts in the field, members of another agency, City officers, GtTy ernployees;_an* /or `bargaintng _unit .representatives_ 2_ lnterviewers remarks_ Interviewers mark: _on forms .provided .the degree fo which, in their .judgment, each can Wde' . possesses the desired quafiications_ The interviewer's remarks wilt be translated into a numerical score Scoring sheet'arxi interviewers "remarks are confidential_ Eligibility Lists -. Alter each selection procedure has been completed, the Personnel Officer or hislher designee will prepare art eligit iiify,list containing the names of applicants who quality for appointment to positions in a parGct.Wir class_ 1 _ Ranking: Place the names of the q .aa A d applicants ( "eligibles") on the eligibility list in the order of their final ranking- determined by`the'.selection process, with the highest rated eligible at the top of _ the list- If more than orte person has "same score, the names will be placed in atphatefical order.` 2_ Duration. of list: The eligibility fist, .remains in effect for a period of six (6) months, unless the Personnel Officer extends ibis period, for;ap ce e -Personnel Officer can reduce the period d fheTist contains less than 5 names. inthe.event of early cancellation of an eligible fist, the 'Personnel Officer will notify each person, whose. name appears on such list to this effect via mad to bislher last known address. This - notice is to include 'an explanation as to why the time frame has been changed_ 3. . Removal from list_ An applicant may be removed from ..given eligibility list by the Personnel Officer for any of the following reasons a_ appointment to ttie classificafion for- whiff h the eligible list was originally established; b_ request by the applicant for removal from the list; c_ failure to continue to meet any of the min_ imum standards established for the position for which the eligible list was prepared CITY OF ROHNERT PARK Page 24 of 39 Personnel Rules and Regulations C, ITY OF ROHNERT PARK Personnel Rules and Regulations d- failure to contact the Personnel Officer within five (5) working days from the date of notice of an inlerview or offer of appointment; e. determination by the Personnel Officer that the applicant has violated one or more of the Provisions of Section 5_B.4_ 4. Vacancies- When a vacancy occurs in a class for which there .is an eligibility list,. the Personnel Officer will . transmit the names, and ,all supporting documents, of all candidates with the top five ranking scores on the eligibility fist o the Supervisor for consideration- __ Appointment Process — All appointments to position vacancies _will be made in accordance with these rules and regulations_ The power lo.appoint and dismiss City employees is vested in the City Manager (Personnel Officer). i - Vacancy_ The vacancy will be filled by appointment of an 'eligible candidate from an appropriate eligibility list, except as provided in 2 below - 2. Exceptions. a_ No eligibility fist. The Personnel. Officer may make a provisional .appointment to a position if there is no eligibility list for the class and if the needs of the .service require that the position be filled before a selection process can be completed_ A provisiorrat appomfee must_ i- Meet the requirements of training and experience eslabfished. for the position; ii. Not continue for more than thirty (30) days in the provisional a list for the ppoinfinent after an eligibility . Position has been established °.unless. there are no eligibles. on such eligibility fist who are available for or who wish• to be consldered- for apPoiritment to the position;- The Supervisor may. submit a written request and siifiication to the Personnel Officer extend the provisional appointment in six (f) month: i to ncrements. No more. two (2) extensions may be granted for each provisional appoiriten$_ b_ Emergency, in an emergency which threatens fife; o m perty unicipal services, the Personnel Officer ma en pro or the operation of necessary more than thirty (30) calendar days_ may-employ an individual not on the eligibility fist for not 3- Pay_ A new appointee shall receive the minimum salary .for the. class la Which the position is allocated, except that: i_ to cases of extreme difficulty in filling , a position the Personnel Officer may approve appointment at a salary above the minimum: In such eases an'utcxrmbent erriployees;in the class to which the. appoinirrient . is made shall . be placed on-'at :feast the same step .of the salary,range as the new appointee; or u. In luring•exceptionaily qualified personnel, the Personnel .Officer may approve appointments at a salary above the minimum for the class_ Conditional Offer of Employment - An offer of employment is contingent upon the cesulis of the following: ?_ Reference checks_ Prior to conducting reference inquiries.a prospective employee sign a release allowing the City to acquire information about the appli nt from former�employers, ► to ITY OF ROHNERT PARK Page 25 of 39 ersonnel Rules and Regulations ;ITY OF RO"NERT PARK 'ersonnel Rules and Regulations 2_ Medical exatmination. Applicants who have been.offered a regular position with the City are required to participate in a pre - employment physical_ Each job classification has specific physical standards and are reasonably related to job requirements. The city is notified only that the prospective employee is medically qualified, conditionally qualified or disqualified; no other medical information will be released. 3_ Fingerprints and criminal background ..check_ At persons employed by the City will be fingerprinted and .law enforcement records checked for past criminal convictions. Information thus obtained will be confidential_ Employment of, and continuation of service of employees with .a criminal conviction must have the approval of the Personnel Officer as stated in Section 5.B.4_ H_ Probation Period - The purpose of probation is to permit the employer to observe the employee on the job and to evaluate performance_ Probation is part of the promotional, training, testing and selection process. The. probation period begins on the date of appointment. _ It is the responsibility of the supervisor to communicate with the employee in regards to his/her progress_ 1. Duration of period. The, probationary period is not less than twelve (12) months for miscellaneous employees, riot less than eighteen (18) months for dispatchers, not less than eighteen (18) months for sworn Public .Safety .employees, 'and not less than twenty -four (24) months for Management employees_ Employees who receive promotional appointments must serve another probationary period of at least six (6) months. for non- supervisory employees and twelve (12) months for supervisory employees (includes management classifications)_ 2: Leaves of ,absence during probation. Ilan employee is absent from work for longer than five (5) working days during the probationary period, the City-may extend the probationary period an amount of time equal to the days missed if necessary in order to property evaluate an employee_ 3_ Extension of probation period_ All efforts, will be made to- sufficiently evaluate the probalionary employee 'durrng_;the assigned period. An extension of the, probationary period may, however; be` recommended by the supervisor and /or. Personnel Officer when cause exists_ If additional time is needed to evaluate the employee, the supervisor or Personnel Officer can extend the probationary period for an additional period not to exceed. three (3) months- -a_ Extension of probationary period will be based on the written performance review. b_ The performance review will fake place ten (10) working days prior to the end of the initial probationary - period_ 4_ Rejection during probation period_ During the probationary period, an employee may be rejected at Y., time fob any: reason.. by ft Personnet Dffrcer_ Employees who are dismissed during their probationary pertod-have no right to hearing or appeal_ Notification of- rejection must . be served to the probationary employee in writing_ 5_ Promoted employees_ A promoted employee who does not successfulty complete the probationary period will be reinstated to his or her former .position or to a comparable position_ If, however, the employee is discharged for cause, the employee has no right to reinstatement_ 6. An employee. who successful) - completes a. probation period achieves regular status in his/her. class and is known as a regular employee_ CiTY OF ROHNERT PARK Page 26 of 39 -Personnel Rules and Regulations Ci rY OF ROHNERT PARK Personnel Rules and Regulations SECTION - SEPARATION ANQ REINSTATEMENT 4n employee may be separated from employment by resignation, dismissal, retirement, or layoff on account of ack of work or lack of funds. The dismissal for cause of regular employees will be in accordance with the Dorovisions of Section 8. Other separation procedures and reinstatement procedures are set forth below - 4. Separation andlor Resignation -.An employee wishing to resign is required to notify his /her supervisor in writing at least. two weeks .prior to their intended leave from City. employment_ A copy of the written resignation will be given to the Personnel Officer and then placed in the - employee's personnel file_ 1. An employee who has resigned in writing • may withdraw his /her resignation ,prior to the final date stated on.the fetter of resignation_ The withdrawal letter will also be placed in his/her personnel file. 2_ An employee who leaves employment without so filing a written resignation and giving two (2) weeks notice, as required above, wilt have this fact noted in his /her file and may be denied future employment by the City_ 3. Reinstatement - Upon application of .a former regular employee, who has Personnel O property resigned, the Provided below_ Officer may, at his/her sole discretion, approve reinstatement of the former employee as 1 _ An employee separated from the City's employ for six (6) months or less may be reinstated without competitive examination to the position held at date of separation, or to any other position within the same classification for which the employee would have been eligible at time of separation: Former regular full -time City employees returning to City service within the six (6) month period Will be granted the full benefits They were receiving at time of separation. as if there was no break in service -. 2- An employee separated from the City's employ for over six (6) months who is reinstated shat! be treated as a new employee_..: 3_ The City xnthreinstafe into the tostion -from which he /she has been promoted any employee who faits during a promotion :to which he/she has been promoted_ 4_ 'Any employee who resigns without: proper notice or resigns during an investigation or disciplinary action will not be eligible for reinstatement. 5_ An employee who -is granted an authorized leave to which he or she is entitled under a federal, state or focal law requiring reinstatement shalt be reinstated to his /her former position as provided by law. Layoff - Whenever it becomes. necessary to economic consicf reduce the number of employees due to lack of work, erations,.changes in mission, technological changes, or as determined by the Personnel Officer based .on other factors or when. a position in. the ctassified services .is to ,be Eeniporarily or permanently abofistied the f?ersor net Officer VWU notify the t Ionian Resources E epaitinent the number of employees to be:'laid aft or the names 'and number of positions to be abolished_ The .' purpose of the procedures set forth below is'* to establish equitable standards to`regutate su- ' _ layof#s_ The .City's :decision to reduce its workforce is a management right, thus no due process or ievance the decision is not subject to "meet and confer" requirements. These procedures apply oniytopregular employees (full or part time) and probationary erriptoyees (initial or Promotion* aittransfer )_ 1_ identification. The Personoet.Officer on.the basis of the administrative needs of the City determines the departments and positions subject to. layoff: 2_ .Order.of layoff: :1TY OF ROHNERT PARK Page 27 of 39 'ersonnet Rules and Regulations CITE OF ROHNERT PARK Personnel Rules and Regulations a Within a classification, those employees who are probationary employees in their initial probationary period will be laid oft first, followed by employees in a . promotional or transfer probationary period.- b_ The order of layoff for regular employees within a department will be determined by considenng business necessity, each employee's job performance and competence, and seniority- i_ -Seniority- for purposes of this Section shall. be determined by adding together alf time spent in City service, in whatever capacity, expressed in terms of years, months, and days_ The seniority calculation shall not include disciplinary .time off without pay or time spent on unpaid ,leave (unless federal or state law requires it to be included in the seniority calculation)_ ii_ Once.seniority determinations have been made, layoffs are made in reverse seniority order ( -i_e_ the most junior employees are laid off first). iii_ Ties ..in seniority shall be resolved by the Personnel Officer, taking into account the past performance, disciplinary actions (if any), supervisor recommendations, and such other facts as.will,result in the City retaining the most qualified and efficient employees_ 3_ Notice_ Employees shall be given at least ten (10) business days' written notice prior to the effective date of the pending layoff. A copy of the notice shall be retained in the employees personnel tile_ 4_ Exclusions_ In certain instances, there maybe exceptions made in. the order of layoff outlined above_ These exclusions - would. be made when_ a. specialty position when qualifications for the position could not be easily obtained through a short orientation or familiarization period_ b_ transfer in lieu of layoff. Within the affected department or departments, a regular employee who is scheduled for layoff may be offered a.voluntary reduction in classification to a lower level job classification. provided he/she meets the minimum qualifications, and /or obtain proficiency through a short orientation period_ c_ a voluntary reduction by taking early retirement and /or "golden hand shake "_ 5_ Retreat rightslvoluntary dernotion in lieu of layoff_ a. An employee who would otherwise be laid off has the right to retreat to a vacant positron which he or. she previously held, provided the employee meets the current minimum qualifications for.the psitron_ b. An employee who would otherwise be laid off has the right to retreat to another position in the same:elassifieation:series or io any position-the employe .ha previouslyheld and.toc which the employee is qualified-that is occupied by an employee of lesser ser. City_ The result is that the more-sep" erinployee "bumps" the junior employee, who then is entitled to the retreal1dernotion rights set forth herein_. c_ An employee_ who would: otherwise be laid off may request to be temporarily demoted to any vacant positron for which the employee is qualified_ d_ An employee who wishes to exercise any of the rights set forth in this subsection 5 must.so notify the Personnel Officer in writing within five (5) business days of receiving the nofification of pending layoff. . CITY OF ROHNERT PARK Page 28 of 39 Personnel Rules and Regulations 1 C}Ty-OF ROHNERT PARK ,Personnel Rules and Regulations e: An employee who retreats or is demoted to a position as provided herein must serve the Probationary period applicable to the new position unless th e employee previously completed the probationary period in that position_ b- Reinstatement lists The names of regular employees who have been laid off, including those who .have accepted. a demotion or .retreated to .another position are to be placed _on a layoff reinstatement list by Om the-classification €rom which the employees were laid off_ An employee's name remains on this list for. a .period of one (7) year from date of layoff; an employee's name may be removed for_any Ot the following reasons: a_ Reappointi-ienl.of the.employee to his /her former classification b_ Notification from employee that he /she is no. longer interested in returning to the City. c_ Inability to contact the employee by mail or phone at the employee's last known address in the employee's official personnel file. d Rejection by the employee of an offer of employment within the same job classification. Failure to respond within five (5) business days of the offer shall be deemed a rejection. 7. Offer of reinstatement_ lithe position previously held by a iaid off employee becomes vacant;, or if another position within the same classification series becomes vacant, then the employee with the most seniority on applicable reinstatement list shall be offered the vacant position_ 8. Restoration of benefits upon reinstatement_ When an employee is reinstated to employment after layoff, all his . or. her prior service shall:. be counted toward the calculation of leave accruals and seniority_ Any unused sick aeeve Which the employee had accrued at the lime of layoff shall be restored- -'If m an employee is reinstated to a.. position in which he or she was serving a probationary period at W6,6 of'!a}roff all. time on probation previously completed. prior to layoff shall be counted toward determtnrng wl en 'the. probationary period ends_ SECTION:? - ENCOMPATIBLE .ACTIV"ICONFLiCTS OF INTEREST lncoriipatible Activity Certain activities.-are incompatible with ethical, effective employme All City: employees are Prohibited from: nt with the Cify. 1. taltcipating n .improper political activity prohibited by the federal Hatch Act or pertinent provisions of State f aw rncludrngahe California. Government.C.ode, 2. Using for private gain or advantage the influence of a City position or supplies of the City, the facilities, equipment and 3_ SOliciting any favors or .gifts from persons; concerns or corporations who have, or seek to have; business contacts with the Cily 4. Accepting any favors Or gifts from business con tacts persons, concerns or corporations who have, or seek to have, with the City in excess of the Conflict of Interest guidelines es Rohnert Park Municipal Code Chapter 2 -60; tablished in the 5_ Divulging .confidential information to anyone to whom issuance of such information has not been authorized, or 6. Participating in any emptoyment_or other activity; which will prevent an employee from doing his/her act- city job, in an efficient and." nd capable manner, is illegal pursuant to state .or federal law, or which might :ITY OF ROHNERT PARK Page 29 of 39 . 'ersonnei Rules and Regulations ;iTY OF ROHNERT PARK 'ersonnel Rules and Regulations result in a conflict of interest between the employee's private interests and his/her official duties and responsibilities. Outside Employment City. employees are expected to worts for the City's bests interests and to devote their best energies and skils to their positions. For this reason, City employees are prohibited from accepting outside employment that could conflict with the best interests of. the. City or interfere with the employee's ability. to perform his or her City position_ Examples of such prohibited outside employment include, but are not limited to: I- jobs /business conducted during the employee's work hours with the City 2_ jobs/business that prevent the employee from being available for necessary overtime or emergency work period outside his or her normal working hours when such overtime or emergency duty is a regular part of his or her job, 3_ business conducted using City facilities, resources or equipment (including telephones, computers; supplies, etc.) SECTION 8 - DISCIPLINARY ACTION City employees are expected to meet certain standards of job performance, interpersonal interaction, and conduct_ The City may discipline any employee whose conduct or performance fails to meet reasonable City standards, i_e: for cause_ Discipline may be imposed for a single incident or for a pattern of conduct.; The specific discipline imposed is intended to focus . the attention of the employee on the performance .or.: conduct problem and,. except in cases of discharge, to encourage changes in behavior. ©isciptinary actions include but are not limited to: counseling, oral reprimand, written reprimand, reduction in pay, suspension without pay, reassignment, demotion, and discharge: Altt►ougfz:the`City` generally appCres the concept of . 'progressive discipline," discipline may include any one or any 'combination. of actions, and the actions need not necessarily be applied in a defined order. Instead, the discipline imposed will be determined according to the severity of the infraction(s), regardless of whether prior discipfine.hasbeen imposed: Only regular employees who have successfully completed their probationary period have_ the right a to:hearing and appeal as described in this section. An employee not covered by this Section may be disciplined without reference to these provisions; such an employee has no protected property interest in his or her employment_ A. Causes for Disciplinary Action - Any regular employee may be disciplined for "good cause ". Good cause is defined as reasons including, but not limited to, the following: 1- Fraud in securing employment; 2_ Incompetence or inefficiency; 3_ Failure to maintain required licenses, credentials, certificates or other conditions for employment as specified in assigned classification; 4_ Insubordination; S_ Dishonesty, 6_ Neglect of duty, or inattention to /dereliction of duties; 7_ Violation of City or Department rules and regulations, policies, procedures or general orders, whether oral or written; CiTY OF ROHNERT PARK Page 30 of 39 Personnel Rules and Regulations CITY OF R014WERT PARK" Personnel Rules and Regulations 8. Disclosure of confidential personal information of another employee; . 9- Negligent or willful damage to or waste of public equipment, properly or supplies; 10_ Improper or unauthorized use of City vehicles or equipment; 11_ Misappropriation, theft, or embezzlement of City property and /or funds; 12_ Unlawful harassment or discrimination, or the failure to cooperate with the investigation of harassment, discriiminationi or other unlawful activities; 13_ Possession of an open container, use of, or being under the influence of alcohol, non - prescription or unauthorized narcotics or. controlled substances during work hours; 14_ Excessive tardiness or. absence s, except in the case of approved leave; 15_ Absence without leave, not returning from an approved leave -of- absence or obtaining a leave-of- - absence under false pretense; 16. Soliciting any .favors or gifts from persons, concerns or corporations who have, or seek to have, business contacts with the City; 17_ Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have, business contacts with the City in excess of the. Conflict of interest guidelines established in the Rohnert Park Municipal Code Chapter. 2.60; 18_ Failure to observe safety regulations equipment; and practices, including the use of assigned personal .protective 19_. Discourteous, unprofessional or abusive treatment of the public or other employees; 20. Use of abusive language; 21- Actual or threatened Physical violence; 22 Conviction (including by plea of guilty or polo contendere) of a felony or any crime involving moral turpitude; 23_ Conviction of a misdemeanor (including by plea of guilty or nolo cont adversely a endere) that is of. a, nature as to affect the employee's ability to perform the duties and responsibilities of his or her position_ 3_ . Minor tJisciAline_ - All- supervisors are authorized to iriiiplement minor disciplinary measures, Minor disciplinary actions are not subject to appeal_ Examples of minor discipline include the following 1 _ Oral reprirriand. An. oral admonition [o an employee whose conduct or performance must be improved -.and which details the areas for improvement, the degree of improvement required, and a notice that failure to improve could result in more serious disciplinary action. Oral reprimands are noted by the supervisor, but are not documented in the employee's personnel file_ 2- Documented counseling_. A written memorandum. showing that the supervisor has met with the employee to discuss a specific problem(sj or deficiency and which sets forth the recommendations given to the employee to address. the problem(s) or deficiency in order to improve performance_ Although a copy may be sent to the employee's personnel file, documented counseling memoranda are, typically maintained in the supervisor's file. untiil they, are included by notation in the employee s formal perfvrmance.eva[uations_ WY OF ROHNERT PARK Page 31 of 39 'ersonnef Rules and Regulations „1TY OF ROHNERT PARK ?ersonnel Rules and Regulations 3. Written reprimand_ A formal written notice to an employee stating the specific details concerning the subject of the reprimand, summarizing previous related disciplinary action, if any, and describing the plan for improvement. A written reprimand shall include the date of the reprimand and a statement advising the employee that continued conduct or performance at such levels may result in more serious discipline, up to and including. discharge- At the time a written reprimand. is issued, the employee is entitled to bring a representative of his or her choice. Th e employee shall review the reprimand and sign it and then .shall be given a copy of it_ Written reprimands .are not subject to appeal, although an employee has three (3) ,working days following the date of a reprimand to submit his or her own rebuttal comments, which shall accompany the reprimand in the employee's personnel file_ 4_ Removal of minor discipline records_ At the request of the employee, records of minor discipline will be removed from the employee's personnel file three (3) years after the date of the written reprimand or documented counseling. Records will be removed provided the employee has received satisfactory performance reviews in the subsequent three (3) year period from date of the written reprimand/documented counseling and no further discipline has been. initiated. The employee shall initiate the request to remove records of minor discipline through his or her Department' Head. The employee's Department Head shall coordinate this request through Human Resources to ensure the appropriate criteria has been met to remove the records-. Nothing in this section is intended to prevent documentation of progressive discipline. C_ Maior Discipline - Major discipline may only be implemented by. Department Heads.. Types of major discipline include the following: 1. Suspension. The temporary removal of an employee front the City service without,pay for one (1) or more working days_ "Working days” shall be determined by reference to:the affected employee's normal work schedule_ 2_ . Merit decrease_ A pay step reduction where performance falls short of the normal standards or where performance is clearly inadequate in one or more critical job duties_ 3. Demotion_ The removal of an employee from one position and reassignment to one of: lower _grade or classification_ 4_ Discharge_ The removal of an employee from City service when it fins been determined 'the employee has been given a reasonable opportunity to conform his or her conduct to required behavior or performance standards and has failed to do so, or where an employee has. committed one or more serious offenses for which no other disciplinary measure is appropriate_ D_ Disciplinary Process -Major Discipline_ Any imposition of major discipline must follow the procedures set .forth below- 1- Notice_ A written Notice. of Intent to Discipline _( "Notice of Intent) shall be prepared by.the Department Head in consultation with the Human Resources Department_ The Notice of intent shall state_ a. The specific type of disciplinary action proposed; b. The effective date of the action-, c. The specific reason(s) or cause(s) for the actions; d_ A copy of all written materials upon which the.action is based, and e- Notice that, prior to the imposition of the major discipline, the employee has the right to respond orally or in, writing at an informal hearing to explain why the employee believes the proposed CITY OF ROHNERT PARK Page 32 of 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Rules and Regulations major discipline should not be imposed. A request for such a hearing must be submitted in writing within ten (10) working days of receipt of the Notice of Intent_ 2_ Informal hearing (i_e_ Skelly hearing). At the employees request, an informal hearing will beheld Prior to the imposition of major. discipline- This hearing is not an evidentiary hearing, but rattier an opportunity for the employee to present information as to why the proposed major discipline should not be imposed. Except by stipulation of the City and the employee, the. hearing shalt lake Place within ten working (10). days of the employee's request for hearing, and `it may be rescheduled only once at the employees _request_ The following parameters 'apply to the informal hearing_ a- The hearing shalt be conducted by a responsible person designated by the Personnel Officer_ b- The hearing shalt include the employee, the employee's chosen representatives) - (reasonable number), and others as directed by the hearing officer. Absent extenuating circumstances, the employee's failure to appear waives his or her right to such a hearing- c_ The hearing shalt be tape recorded or stenographically recorded, and a copy of _the tape recording or transcript shall be provided to the employee upon request_ d_ At the hearing, the employee shall be given an opportunity, either orally or in writing, or both, to bring forward facts or circumstances which may cause the charges to be revised or dismissed_ If the employee's . information is presented by his or her representative, all statements; rriade'by the representative shall be attributed to the employee as if made by him or her personally, and it is the employee's 'Obligation to correct any missiatement(s) by the representative: e_ Following the hearing, the hearing officer will.make a written recommendation to the Department Head who issued the Notice of Intent as to whether the proposed discrptii e should be imposed, modified, reduced or dismissed. 3_ Notice of discipline: Following the informal hearing, d.requested, the same Depart issued who issued the Notice of Intent shall consider the bearing officer's recommendation to .determine how to proceed_ If he or she decides to dismiss the Proposed discipline, written notice of the dismissal shatl be. provided to the employee as soon as practicable_ If the decision is to "impose discipline either as Proposed Of in some modified or reduced form, a written Notice of Discipline shalt be Notice of Discipline shalt state= prepared_ The a_ The specific type of disciplinary action that will be imposed; b_ The spec reasons) or cattse(s) for the actions; setting forth •specific facts. that - form.the basis for the decision; c_ The effective date of the action; and d_ The applicable appeal rights available to the employee pursuant to these Personnel Rotes_ Disciplinary action becomes effective on the date stated in the. Notice of Disciplinary Action, notwithstanding an employees timely request for an evidentiary bearing before :the Personnel Officer_ Appeal from. Maioc ©iscCptine Arty employee on whom major discipline has'tieert imposed'shall'be entitled to an appeal hearing. as set: forth below_ 1_ Timing. An employee wishing to exercise the a . written Notice of A Appeal to the Personnel Officepwithinigten provided vworkiri Ida Sec .deliver a pp ( ) . g days:-after: after the date.of the Notice of Discipline.. 'I Y OF ROHNERT PARK Page 33 of 39 'ersonnel Rules and Regutalions ,ITY OF ROHNERT PARK 'ersonnel Rules and Regulations 2. Employee representation_ Employees may represent themselves or be represented by legal counsel or representative(s) of the employee's recognized employee organization_ 3- Evidentiary hearing_ An evidentiary hearing before a neutral hearing officer shall be. arranged for by the Assistant City Manager or His/her designee and.shall, absent extenuating circumstances, be held within thirty (3Q) working days of the receiving the Notice of- Appeal_ The bearing shalt be closed and confidential. Prior to the. hearing, the Assistant City Manager of his/her designee shall supply the hearing officer with ('! ). the Notice of Intent and any attachments, (2) the Skelly hearing officer's written recommendation, and (3) the Notice of Discipline and any attachments_ Other hearing procedures are as follows= a_ The employee's presence is required_ Failure to appear at the appeal hearing unless physically unable to do so shall be deemed a withdrawal of the appeal arid a waiver of any further right of administrative appear_ b_ The hearing shalt be stenographically recorded_ c- Any and all witnesses other than the City's representative shalt be excluded from the proceeding until called to testify, except as mutually agreed to by the - employee and the City's representative_ d- Order of hearing shall be. i. The City's representative, followed by the employee, may make preliminary opening statements.. ii_ The City' representative. may present oral or. documentary.eviderice,. or both, in support of the City's position; the employee may cross - examine alt witnesses called by the City. iii. The employee .may present oral or .documentary evidence, or both, in support of the. employees position, the City's—representative may cross - examine all witnesses called by the employee_ iv_ The City's representative, followed by the employee, may make a closing statement_ e_ The hearing shall be conducted in an efficient manner conducive to determining the issues, however, the technical rules of evidence do not apply_ '.Any relevant. evidence maybe admitted if it is the sort of evidence on which responsible persons are accustomed to .retying in the conduct of serious affairs: Oral evidence shall be taken only upon oath. or affirination. Hearsay evidence may be used for various purposes,- however, hearsay standing alone and properly objected to shall not be competent to prove a charge_ Irrelevant and unduly repetitious evidence may be excluded, as shall evidence that would violate other employees` rights to . privacy and confidentiality of their personal information. The hearing officer (with advice- of appointed counsel, if necessary). shall . rule on any objections made to -the admissibility of evidence or otherwise relating to the conduct of the hearing- I- Following the conclusion of. the -hearing, the hearing officer shall- prepare written findings and . recommendations and provide them to-the City Manager, The hearing officer may recommend changes to the proposed discipline_ However, if the hearing officer finds that :the underlying facts giving rise to the charge(s) are proved by a preponderance of the. evidence, the hearing officer, may not recommend a reduction in discipline if reasonable minds could differ as ' to the, proper level of clisciptine_ .If the hearing officer _recommends a. reduction in disciplme,. he or she must make a specific finding, that reasonable minds could not differ - as to the appropriate level of discipline and set forth the facts upon which he or she based such finding_ 4f :the hearing officer finds that none of the charges are supported by the evidence presented, the recommendation shall be that no disciplinary action be taken_ CITY OF ROHNERT PARK Page 34 of 39 Personnel Rules land Regulations CiTY•91' ROHNERT PARK Personnel Rules and Regulations 4. City Manager's Determination. The hearing officer's findings and recommendations shad be forwarded to the City Manager for his or her, review_ The City Manager will shall the recommendations of the hearing officer unless he or she can show cause that the hearing officer abused his or her discretion. a- The City Manager shall review the entire record (including .the Notice of Intent, the record of Skelly proceedings, the Skelly officer's written recommendation; the Notice of Discipline, the evidence and record at the evidentiary hearing, and the appeal hearing 'officers written findings and recornmendations)- b. The City Manager shall issue a decision imposing the disciplinary action he or she- deems appropriate and in the best interests of the City_ C. The City Manager's decision shall be in writing and shall be final. {t sha {{ includde a copy of the appeal, hearing officer's findings and recommendations .and shaft be filed as a permanent record in the employee's personnel file. d. Notice of the City Managers decision, along with a copy of both the.- Managers decision and the appeal hearing officer's findings and recommendations, shall be served on the employee by personal service or by registered or certified mail. The notice shall also include a statement of the employee's right to seek judicial review within 90 days pursuant to Code of Civil Procedure, 1094.6. Use of paid administrative leave. Nothing in this Section is intended to abrogate the City's right to place an employee on paid administrative leave during the investigation of circumstances that could lead to the imposition of discipline or for any other reason that is in the City's - best interests_ . Disciplinary Action for specific employees of the Department of Public. Safety. Under .California Government Code Section 3300, the State of California enacted the Public Safety Officers' Procedural Bill of Rights ( POBRA)_ As defined under California Government Code Section 3301, the positions within the City that are covered by the POBRA are the following. Public Safety Officer Trainee, Pubtic Safety Officer, Public Safely Sergeant, Public Safe Supervisor Commander, and Director of Public Safety. It shall be the Safety City toextend these same rights Public Safety Division and privileges to all non- safety members of the Rohnert Park. PublichSatety Officers' Association, except those that by their very nature could only apply to peace` officers .and /or firefighters Ali.sut s.. ttent revisions to California Code sections 3300 et s" and Court interpretations of these statutes ssub.s u nt binding on the City with respect to non - safety member Association_ s of the Rohrrert Park. f?eiblie .Safetjr Officers' For safely and non - safety employees alike, -the phrase -locker, or other space for storage-that may fie. assigned to him" as used in Government Code Section 3309 shall include, but is not lir4ited :to; a Public. Safety. employee's assigned City vehicle and/or the enclosed spaces of an employee's assigned desk or. office area. Nothing in this section shall preclude the City from tetnporarity re- assigning:a deparfrnental asset to meet a necessary operational requirement_ iTY OF ROHNERT PARK ersonnet Rules and Regulations Page 35 of 39 :ITY OF RO!- NERT PARK 'ersonnel Rules and Regulations GLOSSARY - DEFINITION OF TERMS tDMINISTRATIVE LEAVE - Absence with full pay and benefits, ordered by a Department Head or the City /tanager, when. the City's interests require the employee to be away from the job- ANNIVERSARY DATE - The date, which signifies the completion of each year of service by a regular employee n a position and /or the date an employee starts his/her probationary period for either original, promotional, or :hange in classification appointments- 1PPLiCANT - A person who has successfully completed and submitted an employment application for a )osition for which the City is currently recruiting_ WPOiNTMENT - The selection of, and acceptance by, an applicant to. a position in the City service in accordance with these rules_ ",VERAGE SCORE -Means the combined average of all_ - relevant, converted, and weighted scores obtained by candidate for a given classification or position title- '.ALENDAR DAYS = _Consecutive days Within a specific time frame and shall include weekends and holidays_ ;ANDIDATE - An applicant for City employment who meets. the minimum qualifications of the position applying or and has been selected to begin the testing process or a person on an eligibility list �FRA - California Family Rights Act, state law established in 1993, and is administered by the California 3epartment of Fair Employment and Housing_ 31TY COUNCIL- The duty elected governing body of the city_ ;ITY MANAGER -The individual appointed by the City Council to manage all City operations; departments, >olicies and rules_ �ITY SERVICE - The entire employment system of the City, CLASSIFICATION - A group of .positions :sufficiently similar in respect to duties and responsibilities, that the >ame descriptive:ciassification title may be. used to designate each position allocated to that class_ The same ninimum qualifications may be required of incumbents of positions in the class, and the same examinations. nay be used to choose.quatified employees: .LASSIF1CATtON SERIES . =. A group of classifications sharing similar functions but differing as to level of ;complexity. difficulty and- responsiblity. LOSE RELATIVE - Relative shat! mean. spouse, father,.father in -law, mother, mother -in -taw, brother, brother - n -law, sister, sister' -- in-law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent- . n-law, grandchildren and relationships in loco - parentis -and close personal relationships, with the approval of the :�ity Manager or. his/her designee. aOMPENSATION - Any salary, fee, or allowance paid to an employee for performing the duties and exercising :he responsibilities of .a position DISCIPLINARY ACTIONS - Actions taken with the objective of obtaining employee compliance with rules, arders, procedures, standards of conduct and /or .expected job performance when non- disciplinary corrective. actions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its awn_ CWY OF ROHNERT PARK Page 36 of 39 Personnel Rules and Regulations CtTY.OF RO►-INERT PARK Personnel Rules and Regulations DOMESTIC PARTNER — Two adults who have c committed relationship of mut hosen to share one anoiher's fives in an intimate and uar caring- To :be 'eligibie both parties must file a Declaration of Dome,,tic Partnership with the California Secretary of State_ ELIGIBLE - A person whose name is on an employment list- ELIGIBILITY UST - A list that contains the names of qualified candidates, for a specific classification, who have completed all examination processes and are ranked, in order of the score or rafing received: EMPLOYEE - Any person appointed to fill an . authorized employment position in Officials, volunteers, unpaid interns, and those appointed to advs the. City service_ Elected not ernployees_ The categories of employees are: ory boards, committees, and commissions are Regular: A regular employee is one who has passed probation and holds a regularly authorized position With benefits- Regular employees may only be disciplined for cause, There are 3 types of regular 1- Regular full -time: a person who holds a.budgeted (40) forty- hour'per week position, with duties and responsibilities that do not end in a specific time period, and who is entitled to full benefits with the City Pursuant to the applicable Memorandum of Agreement or applicable Outline of Benefits for the Management and Confidential Units_ 2_ _ Regular part-time: a person who holds a budgeted position, with duties and responsibilities that do not end in a specific time period, works for a specific number of hours, as defined, and fills out a timecard, receives a salary and benefit package, proportioned to their agreed fixed work ratios (20 hours per week receives 50% benefits; 30 hours per week receives 75% benefits)_ 3_ Specially - funded_ a person who works in a. r than.City revenues e_ federal of state grants)- full or part -time position funded by sources other ( 9 -. Probationary- A probationary employee is someone in a regular full - or part -it-me position who is serving a trial period as provided in Sections 4 and 5_ Special: A special employee is one hired for a special purpose to meet the. needs of the City- Special employees include_ 1- Provisional employees - i.e_ an employee who meets the minimum qualifications for a Who is appointed on an interim basis until the vacancy can be filled_ 4 Position and 2. Seasonal employees - A temporary employee appointed to positions of limited duration of not snare than six (6) months within a twelve (42) month period_ Seasonal employees do not participate in the City's benefit programs_ 3- Emergency employees - employees hired to meet the r , equirements of a declared emergency which threatens life, property, or the general welfare of the City . and whose position ceases when the . emergency ceases. Probationary and, Special Employees may be dismissed from such posit cause_ ions of disciplined with or without NTRY LEVEL - The initial position in a class series_ XAMtNATION -The process utilized to evaluate the . relative skills .'and 'knowledge of an a respective employment or current employee who has. applied: for ppiieant for a change in classification andlor promotion_ ITY OF ROHNERT PARK arsonnel Rules and Regulations Page 37 of 39 ;lhll OF ROHNERT.PARK " lei sonnet Rules and Regulations techniques utilized may consist of, but not limited to any of the following: traditional paper and penal tests, ) erformance tests, skills test, or oral assessment. =XEMPT - An employee in a specific classification who, according to the Fair Labor Standards Act (FLSA) is exempt from the City's overtime policies . and is compensated for overtime through Administrative Leave, accumulated per specifications outlined in the MOA's and /or Outfine of Benefits for the Management and confidential units_ FAMILY AND MEDICAL LEAVE POLICY - Provides for employee leave during times 'of illness or family emergencies_ In compliance with California Family Rights Act and Federal Family Medical Leave Act_ FMLA - Family Medical Leave Act, federal law, established in 1993 and administered by the Department of Labor- GRIEVANCE - A .complaint by an employee relating to wages, hours, and working conditions_ Disciplinary action cannot be grieved- LEAVE-OF-ABSENCE WITHOUT PAY - Time away from work, which the employee has requested, and the City Manager or his designee has approved, for which the employee is not paid and has the right to return to the same .position held before the leave was granted_ MEMORANDUM OF AGREEMENT (MOA) - A - binding agreement on wages, hours, benefits, and .other conditions . of employment for designated classes between .the bargaining units and the City that have been adopted by the City Council_ NOLO CONTENDERE - Latin for "no contest_" In a criminal proceeding, a defendant may .enter a plea of noio. contendere, in Which -be does. not accept or deny responsibility for the charges but agrees to accept punishment. NON- EXEMPT - An employee in. specific classifications who, according to the Fair Labor Standards Act (FLSA) is to receive overtime pay at i %2 times normal pay for flours worked over 8, 9; 10 in a 24 hr. period and/or any hours worked over 40 hours in a 7 day period, as outlined in the MOA's and /or Outline of Benefits for the Management and Confidential Units_ PDL -. Pregnancy Disability Leave, California law established in 1994, and administered by : the California Department of Fair Employment and Housing_ PERSONNEL OFFICER - is the City Manager, and is responsible for the administration of all Personnel Rules Throughout these Personnel Rules, the term "Personnel Officer" denotes the City Manager or. his or her- designee- POSITION .- A specific Office or employment provided by the budget, whether occupied or vacant, calling for the performance of certain duties_ Positions may be regular full -time, regular part-time, seasonal, hourly, and /or temporary. PROBATIONARY PERIOD - A working test period during which an employee is required to demonstrate fitness for the position to which appointed by actual performance in the position_ PROMOTION - The movement of a qualified employee from one class to another class with a higher maximum rate. of pay and greater job responsibilities. REINSTATEMENT - The re- employment of an employee who has regular or probationary status in a class, who has been . laid off, is returning 'from an approved leave. requiring. reinstatement, or who has resigned in . good standing and who is entittedto preference in appointment to vacancies in that class CITY OF ROHNERT PARK Page 38 of 39 Personnel Rules and Regulations CiTY OF ROHNERT PARK Personnel Rules and Regulations RPEA - Rohnert Park Employees' Association- The labor bargaining and representation unit for administrative, technical and support employees_ RPPSOA - Rohnert Park Public Safety Officers' Association. The labor bargaining and representation unit for Public Safety Sergeants, Public Safety Officers, Public Safety Dispatchers, Communications Supervisor, Community Services Officers, Part-Time Dispatchers, and Public Safety Officer Trainees. RULES - The Personnel Rut es and Regulations of the City of Rohnert Park as contained in this document_ SALARY - A regular employee's base pay as approved by the City Council in the classification and salary plan i.e. pay rates and ranges, computed on a monthly basis. SALARY RANGES - The rate(s) assigned to a classification in the pay rates and ranges_ SEIU - Service Employees International Union. Local 707. The tabor bargaining and representation unit for certain City employees in the Department of Public Works. TEMPORARY APPOINTMENT - An .appointment of limited duration in the absence of available eligible employees or applicants_ TERMINATION - The ending of any employment relationship between an employee and the City_ TRANSFER - A change of an employee from one position to another position in the same class or another class laving essentially the maximum salary limits, and involving the performance of similar duties_ NORKDAY - is a twenty -four (24) hour period beginning at the same time each calendar day. NORKWEEK - Means any. forty (40) hour period within seven (7) consecutive days starting with the same ;atendar day each week. ZESOLUTIONS EFFECTING PERSONNEL POLICY RESO 79 -22 - EMPLOYEE GRIEVANCE PROCEDURE RESO 92 -78 - EQUAL OPPORTUNITY EMPLOYER RESO 92 -79 RESO, 93-38 - POLICY AGAINST DISCRIMINATION BASED ON DISABILITY - ADA _ AGAINST HARASSMENT RESO 99 -01 - ELECTRONIC MEDIA USE RESO 91 -192 - ANTI -DRUG POLICY RESO 87 -117 RESO - DEPENDENT CARE ASSISTANCE PROGRAM 00 -10 RESO 03 -71 - EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004) - PROVIDING FOR CON-fINUATION OF SALARY AND BENEFITS RESO 03 -235 FOR ELIGIBLE CiTY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING - OUTLINE OF THE G"'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 tTY OF RONNERT PARK �rsonnel Rules and Regulations Page 39 of 39