2013/06/11 City Council Resolution 2013-087RESOLUTION NO. 2013 - 087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING AN OUTLINE OF CERTAIN CONDITIONS OF
EMPLOYMENT, FRINGE BENEFITS, AND SALARY FOR THE MANAGEMENT
UNIT
WHEREAS, staff has prepared a final Outline of Certain Conditions of Employment,
Fringe Benefits, and Salary for the Management Unit;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve and adopt the Outline of Certain Conditions of Employment,
Fringe Benefits, and Salary for the Management Unit, which is attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY & REGULARLY ADOPTED this l Its' day of June, 2013.
19
ATTEST:
Sty Clerk
CITY OF ROHNERT PARK
Mayor
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OUTLINE
OF CERTAIN CONDITIONS OF EMPLOYMENT,
FRINGE BENEFITS, AND SALARY FOR THE
MANAGEMENT UNIT
EFFECTIVE JULY 1, 2013 - JUNE 30, 2014
TABLE OF CONTENTS
1. WORK SCHEDULES ......................................................................................... ............................... 3
2. HOLIDAYS ............................................................................................................ ..............................3
2.1.
Holidays Observed ....................................................................................... ..............................3
2.2.
Proclaimed Holidays .................................................................................... ..............................3
2.3.
Day of Mourning ............................................................................................ ..............................3
3.
ANNUAL LEAVE PROGRAM .......................................................................... ............................... 3
4.
MILITARY LEAVE ............................................................................................... ..............................4
5.
OTHER FRINGE BENEFITS ............................................................................. ............................... 5
5.1. Fringe Benefit Administration ................................................................... ..............................5
5.2.
Administrative Leave ................................................................................... ..............................5
5.3.
Catastrophic Leave ...................................................................................... ..............................5
5.4.
Hearing Aid Benefit ...................................................................................... ..............................5
5.5.
Family Medical Leave .................................................................................. ..............................5
5.6.
Light or Limited Duty ................................................................................... ..............................5
5.7.
Americans with Disabilities Act ................................................................ ..............................6
5.8.
Employee Death ............................................................................................ ..............................6
5.9.
Health Insurance ........................................................................................... ..............................6
5.11.
Adoption Benefit ........................................................................................... ..............................8
5.12.
Death /Bereavement Leave .......................................................................... ..............................8
5.13.
Funeral Benefit .............................................................................................. ..............................8
5.14.
Long -Term Disability Insurance ................................................................ ..............................8
5.15.
Life Insurance ................................................................................................ ..............................8
5.16.
Deferred Income ............................................................................................ ..............................8
5.18.
Education and Training .............................................................................. .............................11
5.19.
Longevity Pay ............................................................................................... .............................11
5.20.
Retirement Programs .................................................................................. .............................11
5.21.
401(a) Retirement Plan ............................................................................... .............................12
5.22.
Dependent Care Assistance Program .................................................... .............................12
5.23.
Health Care Tax -Free Dollar Account Program .................................... .............................12
5.24.
Counseling Services ................................................................................... .............................12
6. OTHER COMPENSATION ................................................................................. .............................13
6.1 Automobile Allowance .................................................................................. .............................13
6.2 Paychecks ..................................................................................................... .............................13
7. ALCOHOL AND DRUGS .................................................................................... .............................13
7.1 Alcoholic Beverages or Other Drugs ...................................................... .............................13
7.2 Off Duty Hours .............................................................................................. .............................13
7.3 Prescription Drugs ...................................................................................... .............................13
OUTLINE- Management - July 1, 2013 through June 30, 2014 Page I
8.
SMOKING ............................................................................................................. .............................13
9.
RESIDENCY ......................................................................................................... .............................13
10.
GRIEVANCE POLICY AND PROCEDURE ..................................................... .............................14
11.
USE OF CITY FACILITIES ................................................................................. .............................14
12.
MANAGEMENT RIGHTS ................................................................................... .............................14
13.
WORK CURTAILMENT (NO STRIKE CLAUSE) ........................................... .............................14
14.
TERM OF OUTLINE ............................................................................................ .............................14
14.1
Effective Date ................................................................................................ .............................14
14.2
Termination Date .......................................................................................... .............................14
15.
INVALIDATION .................................................................................................... .............................15
15.1
Suspension of Agreement ......................................................................... .............................15
15.2
Replacement ................................................................................................. .............................15
16.
NON - DISCRIMINATION ..................................................................................... .............................15
17.
PERSONNEL FILES ........................................................................................... .............................15
18.
EMPLOYEE PERFORMANCE EVALUATIONS ............................................. .............................15
INDEX.............................................................................................................................. .............................18
OUTLINE- Management - July 1, 2013 through June 30, 2014 Page II
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
Development Services Manager
Director of Public Works and Community Services
Economic Development Manager
Finance Director
Technical Services Division Manager
Utility Billing & Revenue Manager
1. Work Schedules
The appointing authority shall establish and
Employees in Management positions shall
performance of their assigned duties, withou
schedules.
2. Holidays
2.1. Holidays Observed
modify work schedules for all employees.
work any and all hours necessary in the
t overtime and without regard to fixed work
The holidays observed by the City will be:
"Independence Day," July 4
The first Monday in September, "Labor Day"
"State Admission Day" September 9
The second Monday in October, "Columbus Day"
"Veteran's Day," November 11
The fourth Thursday in November, "Thanksgiving Day"
Day after "Thanksgiving
12:00 Noon to 5:00 p.m. on Christmas Eve, December 24
"Christmas Day," December 25
"New Year's Day ", January 1
The third Monday in January, "Martin Luther King, Jr. Day"
Friday proceeding "President's Day"
The third Monday in February, "President's Day"
The last Monday in May, "Memorial Day"
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.
3. Annual Leave Program
OUTLINE - Management - July 1, 2013 through June 30, 2014 Page 3
3.1. Effective July 1,
2011 employees shall accrue monthly the following Annual
Leave:
Length of
Monthly Accrual
Annual Leave
Service
Rate
Allowance
0 -2 Years
12.67 hours
152 hours
3 -5 Years
14.00 hours
168 hours
6 -10 Years
16.00 hours
192 hours
11 -15 Years
18.00 hours
216 hours
16+ Years
19.33 hours
232 hours
3.2. Effective July 1, 2011, employees shall not accrue any form of sick leave or
disability wage, non - industrial or industrial. However, employees who have accrued fully -
paid hours under either the sick leave or disability wage program for non - industrial illness
and injury shall retain the balance of such hours accumulated as of July 1, 2011. Half -pay
hours accumulated as provided by the disability wage plan will be converted to fully -paid
hours (balance divided by 2), and credited to the balance of each employee covered by
the disability wage plan. Employees in the disability wage plan who have not received
their 2011 anniversary allotment of 40 hours of full -pay disability wage at the time of
conversion will receive this additional 40 hours upon conversion. Paid leave for approved
absence due to injury or illness may be charged against this balance at the employee's
discretion. Upon retirement from the City of Rohnert Park, an employee may convert any
remaining sick leave balance to service credits pursuant to CaIPERS regulations and
procedures.
3.3. Effective July 1, 2011, employees shall not accrue vacation. All existing
accumulated vacation shall be converted to Annual Leave.
3.4. Annual Leave hours may be used to provide paid time off for any approved
absence, including but not limited to vacation and illness. When annual leave is used for
sick leave purposes, the City may require the employee to submit substantiating evidence
of illness If a demonstrable pattern of abuse or evidence of fraud is identified.
3.5. An employee may accumulate annual leave credits up to a maximum of 500
hours of annual Leave. Accrual shall cease until the annual leave balance falls below the
cap.
3.6. Accumulated annual leave shall be converted to cash upon separation from
City service.
3.7. The City will provide a short -term disability insurance program which includes
income replacement of 60% and benefits coordination to employees.
4. Military Leave
The City grants military leave and any related benefits maintenance, job seniority and
retention rights to all employees for service in a uniformed service in accordance with
state and federal law. The employee must notify his /her supervisor of upcoming military
duty as soon as he /she becomes aware of his /her obligation.
OUTLINE- Management • July 1, 2013 through June 30, 2014 Page 4
5. Other Fringe Benefits
5.1. Fringe Benefit Administration
The City reserves the right to select the insurance carrier(s) or to self- administer any of
the fringe benefit programs provided. All benefits provided under this section (Section 5)
are subject to the characteristics of each individual benefit program. The value or
availability of the benefits provided in this Outline as originally worded or as amended
from time to time may depend on their tax treatment by the State or Federal government
or the decisions of other government agencies or departments, such as, but not limited to,
the California Public Employees' Retirement System (CaIPERS). The City will endeavor to
obtain the most favorable treatment legally possible from these other governmental
entities. However, the City makes no representation concerning the value of such benefits
to unit members or how they will be taxed or otherwise treated by other agencies or
departments. The City's obligations under this Outline are limited to the direct cost of
providing the salary and benefits as described in this Outline. The City shall have no
additional financial obligation, even if the tax or other treatment of such salary or benefits
by other agencies or departments reduces or eliminates their value to the employee.
A. The City will continue all employee benefits and pay the appropriate premiums, as
specified by law or the City's Personnel Rules.
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.
5.2. Administrative Leave
The employees in the unit shall receive one hundred (100) hours of Administrative
Leave on July 1, 2013. Up to twenty (25) hours of unused 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 on or before
June 1, 2014. Payment shall be made no more than 30 days subsequent to the
approval of the request by the City Manager. Any unused Administrative Leave hours
remaining as of June 30, 2014 shall be forfeited.
5.3. Catastrophic Leave
Leave benefits shall be provided as outlined in City Council Resolution No. 2001 -270,
adopted December 11, 2001.
5.4. 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.
5.5. Family Medical Leave
Employees may request a 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.
5.6. Light or Limited Duty
Employees injured or ill from either on- the -job (industrial) or off- the -job (non - industrial)
causes may, at the City's sole discretion, be assigned to light, limited, or modified
OUTLINE- Management , July 1, 2013 through June 30, 2014 Page 5
duty. They may be assigned duties that differ from the normal work duties of the
employee. By virtue of this paragraph, City does not intend to create any permanent
light, limited or modified positions.
5.7. Americans with Disabilities Act
The City recognizes it has an obligation under law to comply with the Americans with
Disabilities Act (ADA).
5.8. Employee Death
Upon death of an employee, any unused annual leave shall be paid to the employee's
surviving spouse or beneficiary. In the absence of a spouse or beneficiary, any
unused annual leave shall be paid to the primary beneficiary specified by the
employee on the employee's enrollment /beneficiary card for City - provided life
insurance.
5.9. Health Insurance
The City shall provide the insurance programs described in this Section. The City
reserves the right to provide these insurance programs by self- insurance, through an
insurance company or by any other method which provides the coverage outlined. Any
premiums paid by the employee eligible for Section 125 will be deducted from the
employee's pay on a pre -tax basis. The City and the Management Unit will work
together through the Joint Labor - Management Committee to develop a "cafeteria"
style benefits plan under the provision of Internal Revenue Code 125 prior to
expiration of this Outline. The recommendations of the Joint Labor - Management
Committee shall be presented to employees in a manner that explains the terms and
conditions of the "cafeteria" plan.
A. Health Insurance - The City shall offer employees and their eligible dependents,
a health insurance program under the terms set forth below:
1) The City agrees to contribute towards medical insurance premiums an
amount equal to 80% of the lowest cost health plan at the employee's
enrollment level, excluding the Health Savings Account plans.
2) The City shall provide a copy of the summary description of all health care
programs offered by the City to each employee upon request.
3) Regular part -time employees may elect to participate in health insurance
plans and the City will contribute a a pro -rata amount (based on the allocation
of the position) towards the premium. The part -time employee will be
responsible for the balance of the premium through payroll deductions. If the
part -time employee does not select coverage, no cash payment will be made
in lieu of the insurance.
B. Alternate Benefit - Eligible employees who provide proof of health insurance
coverage from a source other than the City may receive an alternate benefit of
$350.00 per month. This benefit shall be provided as outlined in City Council
Resolution No. 2007 -178, adopted October 23, 2007.
C. Dental Insurance - The City shall offer employees and their eligible dependents,
a dental insurance program under the terms as set forth below. The City shall pay
the applicable monthly premiums and any increases during the term of this
Agreement. Premiums will be set by the insurer, or if self- insured by the City,
using fiscally prudent methods. The City shall provide a copy of the summary
OUTLINE- Management - July 1, 2013 through June 30, 2014 Page 6
description of the dental program offered by the City to each employee upon
request.
1) In general, the program includes basic dental insurance coverage of payment
to network dentists of the indicated percentage up to the maximum of $2,000
for each eligible person per year for the following benefits:
2) One hundred percent (100°/x) of the cost of diagnostic and preventative care.
3) Eighty -five percent (85 %) of the cost of basic dental services.
4) Eighty -five percent (85 %) of the cost of crowns and restorations.
5) Fifty percent (50 %) of the cost of prosthodontics.
6) Two thousand dollar ($2,000) maximum benefit for dental services per person
per year.
7) Fifty percent (50 %) of the cost of orthodontics with a one thousand five
hundred dollar ($1,500) lifetime maximum benefit per person
D. Vision Insurance -The City shall offer employees and their eligible dependents, a
vision insurance program under the terms as set forth below:
1) The City shall pay the applicable monthly premiums and any increases during
the term of this Agreement. Premiums will be set by the insurer, or if self -
insured by the City, using fiscally prudent methods. The City shall provide a
copy of the summary description of the vision insurance program offered by
the City to each employee upon request.
2) In general, the program includes an eye examination once each twelve (12)
months, lenses once each twelve (12) months, and frames once each twenty -
four (24) months. An employee may purchase contact lenses in lieu of the
benefits summarized above. For details, allowances and restrictions, refer to
the Plan documents.
5.10. GASB Workgroup
The parties agree to establish a workgroup to address the City's unfunded liability
associated with GASB 43 & 45. The workgroup shall review options including alternate
insurance carriers and plan designs for benefit delivery, funding vehicles that reduce
overall liability and benefit entitlements for existing employees and retirees as well as
future employees.
A. The workgroup shall be chaired by the City Manager or his /her designee and
comprised of at least one, but no more than 2, members from each employee
group or bargaining Unit and up to an equal number of management
representatives.
B. The workgroup shall begin meeting within 60 days after ratification of this
Contract.
C. The City agrees that the Unit representatives will serve and participate on the
workgroup without loss of compensation.
D. The City, and the workgroup will cause a study to be prepared for review by the
workgroup, and the workgroup shall prepare within six (6) months or no later than
February 2012, a report to the City Council identifying possible means to address
the City's GASB liability.
E. The final report shall not be issued to Council without input from the bargaining
unit participants on the workgroup.
F. The City agrees to provide administrative services and other resources to support
the workgroup's charge and stated time lines.
G. The above report is intended to serve as an informational document.
OUTLINE- Management - July 1, 2013 through June 30, 2014 Page 7
5.11. Adoption Benefit
The City will provide a six hundred dollar ($600) per child cash benefit to employees
adopting minor children to help offset the cost of adoptions. This cash benefit does not
include the cost of adopting step - children, i.e. children of present spouse.
5.12. Bereavement Leave
A. A regular employee shall be paid up to three (3) days of bereavement leave
when there is a death in their immediate family.
B. Immediate family in this case means: spouse, domestic partner, father, father -
in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -in -law, child
(including step - children), step - parents, aunts, uncles, grandparents, grandparent -in-
law, grandchildren and relationships in loco- parentis, and close personal relationships,
with the approval of the City Manager or his /her designee.
5.13. Funeral Benefit
City will provide fifty percent (50 %) co- payment, not to exceed two thousand dollars
($2,000), for funeral expenses for an employee or their spouse only. This funeral
benefit will be considered secondary to and shall be coordinated with any and all other
funeral benefits that may be payable to employee or spouse.
5.14. Long -Term Disability Insurance
The City shall provide, at no premium cost to employees, long -term disability income
protection insurance coverage. The basic benefit shall be sixty six and two thirds
percent (66 2/3 %). 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. The waiting period for the above long -term disability benefits plan shall be
ninety (90) days.
5.15. 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.
5.16. Deferred Income
The City will continue to make available to the employees a deferred income program,
now being administered by Nationwide and International City Management
Association (ICMA) or a similar program with another institution acceptable to City.
5.17. Retired, Deceased and /or Permanently and Totally Disabled Employees
A. The City agrees to make a medical insurance premium contribution toward the
applicable early retirement premium or Medicare - eligible premium as outlined in
Attachment A, "Retiree Medical Insurance Table," as modified annually to reflect
changes in the premium rates. Calculation of premium will be prorated for regular,
part -time employees. The City's share of the medical insurance premium costs for
all retirement benefits as described herein shall not exceed the amount described in
OUTLINE- Management , July 1, 2013 through June 30, 2014 Page 8
Attachment A, and shall not include payment of Medicare B premiums. Coverage
will extend to eligible dependents. The City will provide such contributions only:
1) To regular full -time and regular part -time City employees hired before June 30, 2007
who have at least fifteen (15) years of continuous service with the City and who retire
upon reaching retirement age or thereafter and are receiving a retirement allowance
from CalPERS. Said employees shall be referred to as "Retired Employees."
a) Employees with less than 15 consecutive years of service with the City receive no
City fringe benefits, i.e. medical, dental, vision, life insurance at retirement
b) Employees must retire concurrent with termination of service with the City to be
eligible for this benefit (no vesting).
2) To regular full -time or regular part -time employees hired before June 30, 2007 who:
a) Have at least ten (10) years of continuous service with the City;
b) Are retired forthwith from the City of Rohnert Park service into CaIPERS at the
time of permanent or total disability, and;
c) Are permanently and totally disabled from their occupation and unable to perform
with reasonable continuity the material duties of their own occupation. After
twenty -four (24) months if gainful employment is obtained in an occupation in
which the material duties are reasonably fitted by education, training, experience
and compensation to the occupation at the time of disability, the employee shall no
longer be considered permanently and totally disabled from their occupation. In
such circumstances, benefits shall be discontinued.
d) Said employees shall be referred to as "Retired Employees" except for the
circumstance noted above in which the employee is no longer permanently and
total disabled.
3) To the surviving spouse, registered domestic partner, and legal dependents of a
regular full -time or regular part -time employee hired before June 30, 2007 who died
while a City employee after ten (10) or more years of continuous service with the City.
Said employee shall be referred to as a "Deceased Employee."
4) For eligible "Retired Employees" and the survivors of "Deceased Employees" as
defined in Section 5.17(A) 1 through 3 above, the City agrees to provide /offer and
pay the premium(s) as provided for active employees at time of retirement for life
insurance, dental care, and vision care benefits for retired employees and eligible
dependents. Calculation of premium will be prorated for regular, part -time employees.
5) Benefits provided under Section 5.17(A) shall be coordinated with Medi -Care,
Medi -Cal, and any other welfare program available of which said benefit coverage
shall be considered primary and City provided coverage in turn considered
secondary.
6) All benefits provided under Section 5.17(A) are subject to the characteristics of each
individual benefit program. The life insurance to be provided will be the life insurance
OUTLINE- Management • July 1, 2013 through June 30, 2014 Page 9
plan amount in effect and in accordance with the provisions of the life insurance
program as of the date of employee's retirement.
7) The benefits provided under Section 5.17(A) will continue for such retired employees
and their spouse, registered domestic partner, and legal dependents, if any, while
said retired employee is alive. In the event of the retired employee's death, coverage
will continue for the spouse or registered domestic partners until the spouse or
domestic partner dies, remarries, or forms another registered domestic partnership.
In addition, the benefits provided under this section will continue for said retired or
deceased employee's legal dependent children who qualify as an Internal Revenue
Service dependent until said children reach the maximum age limit specified by state
or federal law, or the spouse or registered domestic partner marries, or forms another
registered domestic partnership whichever occurs earliest.
8) Continuous City service is defined as being continuous regular full -time or regular
part -time City employment only for calculating length of continuous service under
Section 5.17(A). Part -time (non- benefited) employment and approved unpaid leaves
will not be used in calculating length of continuous service under this section. Any
separation from City employment will void any previous accrual towards length of
continuous service for purposes of this section, unless otherwise waived by the City
Manager and due to extenuating circumstances. Layoffs with subsequent restoration
and approved City paid leaves do not constitute separation from City service (and
therefore will not void any previous accrual towards length of continuous service) for
the purpose of this section.
9) If any retired employee, after retirement from the City, becomes employed elsewhere
and is covered by medical, life insurance, health, dental or vision care benefits by
his /her new employer, coverage provided by the City to the retired employee
pursuant to Section 5.17(A) will be considered secondary to the coverage provided
by his /her new employer, and his /her new employer's coverage shall be considered
primary.
10) If any spouse or registered domestic partner of a deceased employee or deceased
retired employee who is receiving benefit coverage as provided under Section
5.17(A) becomes employed and is covered by medical, health, dental or vision care
benefits by his /her employer, said coverage provided by City will be considered
secondary to the coverage provided by the spouse's or registered domestic partner's
employer, and his /her employer's coverage shall be considered primary.
B. Regular City employees hired after June 30, 2007 shall be eligible for the benefits
described below in lieu of the benefits described in Section 5.17(A) above:
1) The City will contribute $75.00 per month for active employees in paid status to a
Retiree Health Savings Account (RHSA).
2) The City's contribution to an employee's RHSA shall be considered vested as to
an employee terminating City employment with ten (10) or more consecutive years
of City service.
3) Calculation of contribution will be prorated for regular part -time employees. No
employee contribution is required.
OUTLINE- Management • July 1, 2013 through June 30, 2014 Page 10
4) Subject to the eligibility criteria of REMIF and /or insurance plans, employees hired
after June 30, 2007 may participate as retirees at their own expense in the City's
group health insurance.
5.18. Education and Training
The City will provide an education and training assistance program to provide
reimbursement to employees for tuition and book costs only for attending and
completing, with a satisfactory grade (C or better), courses in the adult high school
program, at Santa Rosa Junior College, at Sonoma State University or any other
educational institution acceptable to the City. All courses or classes for which
reimbursement will be requested must be previously approved by the Supervisor and
the City Manager prior to the start of said classes and approval requested on the
appropriate City form. The maximum allowed amount reimbursable for tuition is one
thousand dollars ($1,000) per instructional period plus books and materials, with a
total reimbursable amount not to exceed three thousand dollars ($3,000) per calendar
year.
5.19. Longevity Pay
A. The City shall provide longevity pay to employees based on continuous years of service,
as defined immediately below:
Completed Years of Service
Pay Percentage Increases
5 years
2%
For each year completed thereafter
'/2%
B. The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base
pay. The "completed years of service" will be determined on January 1st and July 1st
only and not on an employee's employment anniversary date.
C. Longevity Pay Program as outlined in Section 5.20 shall not apply to personnel hired
after October 10, 1995.
5.20. Retirement Programs
A. Effective July 1, 2007, the City will provide the California Public Employees' Retirement
System (CaIPERS) two and seven tenths percent (2.7 %) at fifty -five (55) retirement
program to miscellaneous member employees. Effective July 1, 2011 the City will
provide the California Public Employees' Retirement System (CaIPERS) two percent
(2.0 %) at fifty -five (55) program to miscellaneous member employees hired on or after
July 1, 2011. Effective August 1, 2011, all employees, regardless of program, will pay
the required member contribution.
1) The City will continue to provide the "one -year highest compensation" optional
provision in its contract with CaIPERS.
2) The City will absorb any employer contribution rate increases for miscellaneous
members required by CaIPERS.
3) 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
OUTLINE- Management • July 1, 2013 through June 30, 2014 Page 11
be eligible for the 5.0% annual maximum cost -of- living allowance increase as defined
in Section 21335.
B. New Employees Hired On or After January 1, 2013 Who Are New Members of the
CalPERS System
1) Effective January 1, 2013, the City will provide the CalPERS two percent (2.0 %) at
sixty -two (62), highest three year average program to new miscellaneous employees
(who meet the definition of a new member under PEPRA) hired on or after January
1, 2013.
2) Effective January 1, 2013, such new miscellaneous member employees hired on or
after January 1, 2013, shall contribute at least fifty percent (50 %) of the normal cost
rate to CalPERS.
3) Pensionable compensation does not include monies paid to new miscellaneous
members for bonuses, uniform allowance, overtime allowance or reimbursement for
housing and vehicles, or any ad hoc or one -time payments pursuant to Government
Code Section 7522.34(c).
C. 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.
5.21. 401(a) Retirement Plan
If eligible under guidelines, members of the management unit may participate in the
City's 401(a) retirement plan.
5.22. Dependent Care Assistance Program
City will continue to provide the Dependent Care Assistance Program (DCAP) as
authorized by the Internal Revenue Service for the set -aside of employee pre -tax
dollars for childcare as approved by the Internal Revenue Service (IRS) and the
California Franchise Tax Board.
5.23. Health Care Tax -Free Dollar Account Program
City will continue to provide the Health Care Tax -Free Dollar Account Program as
authorized by the Internal Revenue Service for the set -aside of employee pre -tax
dollars for the cost of monthly health care premiums as well as eligible unreimbursed
medical expenses, as approved by the Internal Revenue Service (IRS) and the
California Franchise Tax Board.
5.24. 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.
OUTLINE- Management , July 1, 2013 through June 30, 2014 Page 12
Other Compensation
6.1 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. Effective July 1, 2013, the automobile allowance amount shall be
$368.21 per month.
6.2 Paychecks
Paychecks shall be distributed by City to employees by noon on payday.
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.
7.1 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.
7.2 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.
7.3 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 leave.
8. Smoking
The City maintains as a clearly expressed condition of employment that employees 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. Residency
OUTLINE- Management e July 1, 2013 through June 30, 2014 Page 13
This program is eliminated effective July 1, 2011. Employees receiving residency stipends of
$60 /mo. as of this date may retain them unless they fail to meet to condition of residing within
the City. Should such an employee lose eligibility, no re -entry to the program is permitted.
10. 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.
11. Use of City Facilities
Employees and their spouse or domestic partner, and eligible dependents (as defined by City
eligible dependent policy), will be allowed to participate with no fee imposed in open gym
time, and to use the weight room and locker room facility at the Sports Center when such
facilities are open, and to 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 or
pools by employees, spouse or domestic partner, and /or dependents of employees adversely
impacts the public's access to these facilities, the City may revoke this access and require
payment of a fee.
12. 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.
13. 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.
14. Term of Outline
14.1 Effective Date
This Outline is to become effective on July 1, 2013.
14.2 Termination Date
This Outline will terminate on June 30, 2014.
OUTLINE- Management s July 1, 2013 through June 30, 2014 Page 14
15. Invalidation
15.1 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.
15.2 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.
16. 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.
17. 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.
18. 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 e July 1, 2013 through June 30, 2014 Page 15
Incorporated by Reference. The following are incorporated in this agreement by reference:
Attachment "A" - Retiree Medical Insurance Table
City Council Resolution No. 79 -22, adopted February 13, 1979 - Grievance Policy and
Procedure
City Council Resolution No. 2007 -178, adopted October 23, 2007 - Alternate Benefit
City Council Resolution No. 2001 -270, adopted December 11, 2001 - Catastrophic Leave
City's Personnel Rules & Regulations
OUTLINE- Management a July 1, 2013 through June 30, 2014 Page 16
Attachment "A ": Retiree Medical Insurance Table
PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/13 THROUGH 6/30/14
*10 - 19.99 years of service for permanently and totally disabled retirees and deceased
employee survivors only.
OUTLINE- Management s July 1, 2013 through June 30, 2014 Page 17
Ongoing
monthly City
Ongoing
City contribution
Lowest
contribution to
monthly City
formula at time of
Lowest employee-
employee +1
retiree
contribution to
retirement is:
only premium cost
premium cost at
premium:
retiree premium:
80% of the lowest
at time of
time of
Enroll retiree
Enroll retiree +
cost premium.
retirement
retirement
only.
eligible others.
80%
$555.11
$1,110.22
,$`444.09
1 $888.18
*10 - 19.99 years of service for permanently and totally disabled retirees and deceased
employee survivors only.
OUTLINE- Management s July 1, 2013 through June 30, 2014 Page 17
M11111 :1
A
Adoption Benefit • 8
Alcoholic Beverages or Other Drugs 13
Alternate Benefit - 6
Americans with Disabilities Act 6
Annual Leave Program 4
Automobile Allowance 12
8
Bereavement Leave 8
C
Catastrohic Leave • 5
Counseling services 12
D
Deferred Income Program 8
Dental insurance • 7
Dependent Care Assistance Program 12
Disability Wage Program • See Annual Leave
Program
E
Education • 11
Employee Death - 6
Employee Performance Evaluations • 15
F
Family and Medical Leave • 5
Funding for retiree medical insurance • See GASB
workgroup
Funeral Benefit • 8
G
GASB workgroup • 7
Grievance Policy and Procedure • 13
H
Health Care Tax -Free Dollar Account Program
12
Health insurance • 6
Hearing Aid Benefit • 5
Holidays
Holidays Observed • 3
L
Life Insurance • 8
Light Duty • 6
Limited Duty • 6
Longevity • 11
Long -Term Disability Insurance • 8
M
Management Rights • 14
Medical insurance • 6
Military leave 4
Modified duty See light or limited duty
N
Non - Discrimination • 15
O
Off Duty Hours
Alcohol and Drugs • 13
P
Paychecks-13
Personnel Files • 15
Prescription Drugs • 13
Residency • 13
Retiree Health Savings Account • 11
Retiree medical benefit • 9
Retiree Medical Insurance Table • 17
OUTLINE- Management m July 1, 2013 through June 30, 2014 Page 18
Retirement Benefits • 11 T
Retirement plan 401(a) • 12
S
Term of Outline • 14
Training • 11
Short -term disability insurance program • See U
Annual Leave Program
Sick Leave • See Annual Leave Program
Use of City Facilities 14
Smoking • 13
Suspension of Agreement • 14
YA
Vacation.Leave • See Annual Leave Program
Vision insurance • 7
OUTLINE- Management e July 1, 2013 through June 30, 2014 Page 19
City of
ROHNER'T
EMPLOYEE GRIEVANCE PROCEDURE
RESOLUTION NO. 79 -22
TABLE OF CONTENTS
ARTICLEI - GENERAL PROVISIONS ............................................................... ..............................3
SECTION1 STATEMENT OF PURPOSE ................................................................. ............................... 3
SECTION2 DEFINITIONS ................................................................................... ............................... 3
SECTION3 SCOPE ............................................................................................. ............................... 3
ARTICLE II - INFORMAL GRIEVANCE PROCEDURE ................................... ..............................4
SECTION4 GENERAL ........................................................................................ ............................... 4
SECTION 5 STEP ONE — IMMEDIATE SUPERVISOR ............................................. ............................... 4
ARTICLE III - FORMAL GRIEVANCE PROCEDURE ..................................... ..............................5
SECTION6 GENERAL ........................................................................................ ............................... 5
SECTION 7 STEP TWO — INTERMEDIATE SUPERVISOR ........................................ ............................... 5
SECTION 8 STEP THREE — DEPARTMENT HEAD ................................................ ............................... 5
SECTION 9 STEP FOUR — CITY MANAGER ......................................................... ............................... 5
SECTION 10 STEP FIVE — GRIEVANCE APPEALS COMMITTEE .............................. ............................... 5
ARTICLEIV - RULES OF PROCEDURE ........................................................... ..............................6
SECTION 1 I COMBINING GRIEVANCES ................................................................ ............................... 6
SECTION 12 WAIVING LEVELS OF REVIEW .......................................................... ............................... 6
SECTION13 TIME LIMITATIONS .......................................................................... ............................... 6
SECTION14 TIME OFF ......................................................................................... ............................... 6
SECTION15 PRIVACY .......................................................................................... ............................... 7
ARTICLE V — GRIEVANCE APPEALS COMMITTEE ................................... ............................... 7
SECTION 16 COMPOSITION AND SELECTION ........................................................ ............................... 7
SECTION17 ALTERNATE MEMBERS .................................................................... ............................... 7
SECTION 18 COMMITTEE PROCEDURE ................................................................. ............................... 7
ARTICLE VI — MISCELLANEOUS PROVISIONS ........................................... ............................... 7
SECTION19 CONSTRUCTION ............................................................................... ............................... 7
SECTION20 SEVERABILITY ................................................................................. ............................... 8
Page 2
RESOLUTION NO. 79 -22
EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK
ARTICLE I — GENERAL PROVISIONS
SECTION 1 STATEMENT OF PURPOSE
It is the purpose of this Resolution to insure:
a. Employee Grievances are heard and resolved fairly and promptly
b. City employees are treated fairly and that their rights are maintained.
c. Grievances are resolved in an effective and orderly manner to insure
uninterrupted city services to the public.
SECTION 2 DEFINITIONS
As used in this Resolution, the following terms shall have the meanings indicated:
a. Appropriate Unit means a unit of employee classes or positions, established
for the purpose of collective representation.
b. City means the City of Rohnert Park.
c. Employee means any city employee, regardless of status.
d. Grievance means a complaint or dispute by an employee, group of employees,
or a recognized employee organization concerning the interpretation or
application of any matter falling within the scope of this grievance procedure.
e. Grievant means the party who has initiated a grievance procedure either
informally or formally.
f. Immediate Supervisor means the individual who immediately assigns,
reviews, or directs the work of an employee.
g. Intermediate Supervisor means the supervisor next above the immediate
supervisor as determined by the department head.
h. Recognized Employee Organization means an employee organization which
has been formally acknowledged by the city as a recognized employee
organization representing employees in an appropriate unit.
i. Working Days means those days on which the city administrative offices are
open for conduct of normal business.
SECTION 3 SCOPE
a. This grievance procedure pertains to application, interpretation, and
noncompliance with memorandums of agreement, council resolutions, city
ordinances, and departmental and city rules, regulations, and practices
governing wages, seniority, written reprimands, hours, safety, and other terms
and conditions of employment which the city has authority to change and for
which no other appeals procedure is provided. Issues excluded from the scope
of this grievance procedure include those matters which the city has no
authority to change and matters for which alternative appeals procedures have
Page 3
been provided such as performance appraisals, demotions, suspensions, and
dismissals. Disputes concerning exclusive city rights with respect to mattes of
general legislative or managerial policy do not constitute grievances under this
procedure. The nature of these exclusive city rights are described in Section
3.e. below.
b. A grievance may be initiated by an employee, jointly by a group of employees,
or by a recognized employee organization.
c. Employees who are in units represented by a recognized employee
organization may choose to represent themselves or be represented by the
recognized employee organization at any stage of this grievance procedure.
Employees who are not in a represented unit may choose to represent
themselves or be represented by any layperson or employee organization.
Neither the grievant party nor the city may be represented by legal counsel.
d. No employee or recognized employee organization shall be interfered with,
intimidated, restrained, coerced, or discriminated against for exercising these
grievance rights.
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 all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and technology of
performing its work.
ARTICLE 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 III and IV.
Page 4
ARTICLE III — FORMAL GRIEVANCE PROCEDURE
SECTION 6 GENERAL
a. All the formal grievances shall be in writing. A supply of grievance forms shall
be maintained in each department and shall be readily accessible to all
employees and recognized employee organizations.
b. Each level of management upon receipt of a formal grievance shall notify the
recognized employee organization (if any) which represents the employees of
the unit from which the grievance originates concerning the times and places of
all grievance proceedings. The highest level of management involved shall
notify the appropriate recognized employee organization(s) in writing prior to
implementation of any grievance settlement which affects the rights or
conditions of employees they represent.
SECTION 7 STEP TWO — INTERMEDIATE SUPERVISOR
a. The grievant may appeal the immediate supervisor's decision by completing
Section 2 of the grievance form and filing it with the appropriate intermediate
supervisor within five (5) working days.
b. The intermediate supervisor shall within ten (10) working days investigate the
grievance, discuss the grievance with the grievant and /or representative as
requested, render a decision in writing on the grievance form together with the
reasons therefore, and return the form to the grievant.
SECTION H STEP THREE — DEPARTMENT HEAD
a. The grievant may appeal the intermediate supervisor's decision by completing
Section 3 of the grievance form and filing it with the appropriate department
head within five (5) working days.
The department head shall within ten (10) working days investigate the
grievance, discuss the grievance with the grievant and /or representative as
requested, render a decision in writing on the grievance form together with the
reasons therefore, and return the form to the grievant.
SECTION 9 STEP FOUR — CITY MANAGER
a. The grievant may appeal the department head's decision by completing Section
4 of the grievance form and filing it with the City Manager's office within five (5)
working days.
b. The City Manager or his /her representative shall within ten (10) working days
investigate the grievance, discuss the grievance with the grievant and /or the
grievant's representative as requested, render a decision In writing on the
grievance form together with the reasons therefore, and return the form to the
grievant.
SECTION 10 STEP FIVE —GRIEVANCE APPEALS COMMITTEE
a. The grievant may appeal the City Manager's decision by completing Section 5
of the grievance form and filing it with the Personnel Office within ten (10)
working days.
b. Upon receipt of a Step Five appeal, the Personnel Office shall notify the
members of the Grievance Appeals Committee. The Grievance Appeals
Committee shall then schedule the appeal for hearing not later than ten (10)
working days from the receipt of the grievance and shall forthwith notify the
Page 5
grievant and his /her representative of the time and place at which the appeal
will be considered.
c. The Grievance Appeals Committee shall conduct a hearing, and shall hear all
witness, testimony and evidence from both sides and shall render a written
decision on the grievance form together with reasons therefore and return the
form to the grievant, through the Personnel Office, within ten (10) working days.
A complete tape recording and /or transcript shall be kept for all Grievance
Appeals Committee hearings. The cost of any transcript or transcript of any
tape recording shall be paid for by the requesting party.
d. A majority decision of the Grievance Appeals Committee shall be final and
binding unless such decision binds the city to a financial expenditure which can
be authorized only by the City Council. In such case the City Council may
review the record and affirm, reverse, modify, or refer the matter back to the
Grievance Appeals Committee for further hearing. Such action shall be taken by
the City Council only on a review of the record and a finding that the decision of
the Grievance Appeals Committee was not supported by the record.
ARTICLE IV — RULES OF PROCEDURE
SECTION 11 COMBINING GRIEVANCES
An employee shall include all current grievances in one grievance procedure. To the degree
practicable, grievances shall not be duplicated. If several grievants wish to present
grievances which are the same or substantially similar, such grievances shall be joined in one
proceeding by mutual agreement of the grievant or grievant's representative and the
Personnel Department. Where there is no mutual agreement to join grievances, the same or
substantially similar grievances shall be processed sequentially, by appropriate unit, in the
order filed and time limitations will be held in abeyance pending complete processing of
earlier complaints.
SECTION 12 WAIVING LEVELS OF REVIEW
Any steps in the grievance procedure, other than steps one and five, may be waived when
the grievant or grievants and all levels of management involved in the steps waived mutually
consent to such procedure in writing on the grievance form.
SECTION 13 TIME LIMITATIONS
a. Time limits established by this procedure may be extended or shortened by
mutual agreement in writing on the grievance form by the grievant or grievants
and the level of management /Grievance Appeals Committee involved in that
step.
b. Failure by a grievant to appeal a decision within the time limits prescribed shall
be deemed a resolution of the grievance, unless the grievant is unable to
appeal for cogent reasons. Failure of management to meet with the grievant or
to render a decision within the time limits prescribed shall justify appeal to the
next step of the grievance procedure.
SECTION 14 TIME OFF
a. When practicable, proceedings shall be held within the employees' normal
working hours. If held at other than the employees' normal working hours, the
employee shall be entitled to an equivalent number of hours off on an hour for
hour basis.
Page 6
b. Reasonable time off from usual duties shall be accorded to employees for the
purposes of meeting with employee representatives, preparing and
investigating grievances, presenting grievances, serving as a representative of
a recognized employee organization at a grievance procedure, or representing
a grievant, provided that before leaving his /her usual duties the employee shall
obtain permission from the immediate supervisor involved. Such permission
shall not be unreasonably withheld.
SECTION 15 PRIVACY
All grievance procedures shall be conducted in closed sessions, except that specified
observers may be admitted by mutual agreement of the parties involved.
ARTICLE V — GRIEVANCE APPEALS COMMITTEE
SECTION 16 COMPOSITION AND SELECTION
The Grievance Appeals Committee shall consist of three members. Each committee member
shall serve for two (2) years and until selection of a successor. Committee members shall be
selected as follows:
a. One city employee selected by recognized employee organizations acting
jointly.
b. One city management member selected by the City Manager.
c. One lay chairperson selected by recognized employee organizations and the
City Manager acting jointly.
SECTION 17 ALTERNATE MEMBERS
An alternate for each of the three (3) principal Grievance Appeals Committee members shall
be selected to serve for the same - period as that of their respective principals. Alternate
members shall be selected in the same manner as principals except that no alternate
member shall be from the same city department or appropriate unit as his /her respective
principal. Alternate members shall serve in the place of their respective principals when the
principal is unavailable, when the principal abstains from serving, and when the principal is
from the same city department of appropriate unit in which the grievance originates.
SECTION 18 COMMITTEE PROCEDURE
The Grievance Appeals Committee shall meet on call of its chairperson or of the Personnel
Office. Deliberations of the committee shall be informal and shall provide a full and fair
hearing of the grievance and proposed solutions. The city shall provide the committee with
suitable facilities and reasonable secretarial support. Each party shall bear its own costs for
any expenses involved in calling witnesses or producing desired evidence.
ARTICLE VI — MISCELLANEOUS PROVISIONS
SECTION 19 CONSTRUCTION
This resolution shall be administered and construed as follows:
a. Nothing in this resolution shall be construed to deny to any person, employee,
organization, the city, or any authorized officer, body or other representative of
the city, the rights, powers and authority granted by Federal or State law.
Page 7
b. This resolution shall be interpreted so as to carry out its purposes as set forth in
Article I.
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. 2007-178
RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
RESCINDING RESOLUTION NO. 96-203 AND ESTABLISHING AN
ALTERNATE BENEFIT PROGRAM FOR ELIGIBLE ACTIVE EMPLOYEES
WHEREAS, the City provides health insurance for eligible, active employees
and contributes towards medical insurance premiums for health insurance; and
WHEREAS, some eligible, active employees have health insurance coverage
from a source other than the City, resulting in dual coverage; and
WHEREAS, the City Council adopted Resolution No. 96 -203, establishing a dual
health insurance premium reimbursement program policy for employees who have health
insurance from a source other than the City; and
WHEREAS, the City wishes to continue providing an alternate benefit program
to eligible, active employees who have health insurance from a source other than the City
to benefit both the employees and the City; and
WHEREAS, the City and representatives of its employee groups have
determined to define the amount of the alternate benefit within memoranda of agreement.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 96 -203 is
rescinded.
BE IT FURTHER RESOLVED that
1) the alternate benefit amount shall be established in memoranda of
agreement or outlines of certain conditions of employment that govern
employees' compensation and benefits.
2) the alternate benefit amount is not salary or compensation and the benefit
may only be directed into an employee's deferred compensation account,
toward Ca1PERS service credit, or for the purchase of supplemental life
insurance and /or any other eligible benefit program approved and
authorized by the City.
3) the City and eligible, active employees are subject to all applicable laws,
rules and contracts of third parties such as the IRS, CalPERS, and health
insurance providers. Eligibility and continuation of the Alternate Benefit
Program is subject to compliance with applicable laws, rules and
contracts.
BE IT FURTHER RESOLVED that the City hereby establishes this alternate
benefit program effective December 1, 2007 and the City Manager is authorized to
administer said program.
DULY AND REGULARLY ADOPTED this 23`a day of October, 2007.
ATTEST:
AAl
�w
ity 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. 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 11"' day of December, 2001.
REIR
CITY OF ROHNERT PARK
ayor 1
FLORES: AVE RE ILLY: AYE SPIRO: AYE VIDAR- AiARTINEZ: AYE MACKENZIE: AYR
AYES: (5) NOES:-(0) ABSENT: (0) ABSTAIN: (0)
RESOLUTION NO. 2004 - 299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING REVISED PERSONNEL_ RULES AND REGULATIONS
WHEREAS, the City Council initially approved Personnel Rules and Regulations
on April 11, 1966 with the rules and regulations being presented as City Manager's
Administrative Policy No. 1; and
WHEREAS, the City Council approved revisions to the Personnel Rules and
Regulations on April 25, 1983; and
WHEREAS, the City Council approved further revisions to the Personnel Rules
a.nd Regulations on November 12, 1991; and
WHEREAS, the existing Personnel Rules and Regulations require updating to
be in compliance with current state and federal law; and
WHEREAS, the City consulted with McDonough Holland & Allen, the law firm
representing the City's legal interests, to provide recommendations on drafting revised
Personnel Rules and Regulations compliant with existing state and federal laws; and
WHEREAS, revisions are proposed to the existing Personnel Rules and
Regulations to ensure legal compliance, provide greater direction to City employees
regarding the City's personnel policies, and include policies enacted by the City
Council since 1991; and
WHEREAS, the revisions have been discussed with the employee organizations
as required by the meet and confer laws of the State and the revisions have received
approval by the employee organizations; and
WHEREAS, the City Council has been presented the revisions to the Personnel
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 9th day of
ATTEST:
Deputy City Clerk
FLORES: AYE MA(-WFNZ.IF: AIISFN] SNRADIAN: AYE
VIDAX- MARTINR• AYF NORDIN! AY)?
AYES: (4) NOES: (0) ADSF.N'1': (1) ADD -FAIN: (o)
� )1,
Ct I Y ")F O1 1 NI: P'r PAI0<
1'>ersnnn<:f Rule , and iZcyulaEions
19.-
' and"` it • _ �` '" �
CITY MANAGER'S
ADMINISTRATIVE POLICY NO. 1:
PERSONNEL RULES AND REGULATIONS
NOVEMBER 9, 2004
CHY OF R01INI.RT PARK Page 1 of 39
Personnel f2ulca and Regulations
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Personnel Rules and Pcoulations
TABLE OF CONTENTS
SECTION1 — INTRODUCTION ........................................ ............................... ......................... .PAGES 3 -- 5
SECTION 2 — PAY PLANS AND COMPENSATION.,...... .... _ ...................... ........... ___ ........ PAGES 5— 8
SECTION3 — 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
RE SO 93 -38
— AGAINST HARASSMENT
RESO 99 -01
- ELECTRONIC MEDIA USE
RESO 91- 192
ANTI -DRUG POLICY
RESO 87 -117
- DEPENDENT CARE ASSISTANCE PROGRAM
RESO 00 -10
EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF
2004)
RESO 03 -71
-- PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR
ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR
TRAINING
RESO 03- -235
— OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
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Personnel Rules and Regulations
CIIY,'A ROIMERI PARK
F'ersnnnel Rr,k's and Regulalion>
SECTION I - INTRODUCTION
A. Purpose - l he City Manager, as Personnel Officer for the City or his/her designee, is charged with the
responsibility of the City's personnel practices. In order to establish an equitable and uniform procedure for
dealing with personnel matters and to nitract to municipal service the best and most competent persons
:available, to assure that apf)ointment and promotions of persons will be based on merit and fitness and to
provide a reasonable degree of security for qualified employees, the following rules and regulations <are
established-
B.. Coveracge - 'l hose rules and regulations apply to ail offices, ail regular iuli tiraae 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 cornmittees.
2. Persons engaged under contract to supply expert, professional, technical or other services.
I 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. Fart -time employees paid by the hour or day who do not meet line definition of regular part -fime
employees.
C. General Provisions -
The City expressly prohibits discrimination in employment or) the basis of race, religious creed, color,
national or ethnic origin, ancestry, mental or physical disability, medical condition, marital status, sex,
sexual preference, political opinion, political affiliation or on the basis that an individual is age forty (40)
or over, or any other basis protected by federal, state or local law.
2. An employee's work performance will be evaluated by their immediate supervisor or the supervisor's
designee at least once a year on a form prescribed by the Personnel Officer. Supervisors will discuss
their evafuations in full with each employee, outline goals and expectations, and point out where the
employee has clone an outst<anoing job and suggest ways in which job performance can be enhanced.
3. All regular appointments include a probationary period as provided herein of not less than twelve (12)
months for miscellaneous employees, not less than twenty -four (24) months for management
employees, not Tess 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 period of not less than six (6) months for non -
supervisory employees and twelve (12) months for supervisors (includes management
classifications).
L:mptoyees must be physically and mentally able to perform the essential functions of the job, with or
without reasonable accomrnocfation.
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S. The City reserves the right to amend these rules and <3grees 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,
technical or any other services.
7. Nothing herein prevents or restricts a Supervisor from issuing departmental rules, policies of
regulations needed for the efficient operation of a City department.
8. The definitions applicable throughout these rules are set forth in the attached Glossary and are hereby
incorporated by reference.
D. 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, medicaf history, election of employee benefits, and employment advancement, appraisal, or
discipline.
The City maintains personnel files for all employees which contain all records, files and documenlation
used to determine the employee's qualifications, performance, promotion, additional corn pensation, or
termination or other disciplinary action.
a.
Each employee must promptly notify the Human Resources Department of any "changes in
relevant personal information, including but not limited to; mailing address; telephone number;
name(s) of dependent(s); and persons to contact in an emergency, along with contact
information.
b. Personnel files are deemed confidential unless the employee consents to a disclosure in writing
or the City is required to disclose such material by law, City personnel have access to
confidential personnel files only on a "need to know' basis for legitimate business reasons.
2. The City maintains a confidential file for all employees which contains all medical information about an
employee or applicant. information in this confidential file is obtained and maintained in accordance
with state and federal law (e.g. the California Confidentiality of Medical Information Act anti the federal
Health Insurance Portability and Accountability Act ( "HIPAA "). City personnel have access to
confidential medical files only on a "need to know' basis for legitimate business reasons.
3. All inquiries from outside agencies, firms, or individuals concerning personnel will be referred to the
Human Resources Department for handling and response. This includes, but is not limited to,
inquiries concerning employee performance or evaluation in connection with new employment
opportunities and employment verification checks for financing purposes. This procedure applies to
both former and present employees.
a. Absent a written release from the employee, the Human Resources Department provides only
dates of hire and termination, position title, and pay range.
information disseminated to inquiring parties will be extracted from the personnel files in the
Human Resources Department_ The City's written response to inquiries will be made a part of
the employee's personnel file and will be available for his /her scrutiny.
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Any e:rr,l>loyee wlio wishes to review his or tier personnel records should contact the Human
Resources DO ".10ment and set up arr appointment at a nruluaily agreed upon time. Ttie review must
be done in the presence of the human Resources Assistant or his /her designee at the location where
tyre file is stored and at no loss of compensation to the employee. Arr employee may re(luesl a ropy of
any crriploymeni- related document that helshe has signed_ This subsection does not apply to those
employees covered by the Pul:)lic Safety Officers' Procedural Bill of Rights ((,overnment Code §3300
el Sect.)
a. An employee is not entitled to inspect records set forth in Labor Code section 119F3- 5((f) as it may,
iron) time to time, be amended. impact records relating to the investigation of a criminal offense
or letters of reference.
b. An employee is not entitled to inspect complaints, or investigation of complaints, concerning an
event or transaction in which the employee was involved or participated to the extent that the
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 personnel file.
Such responses must be submitted within thirty (30) calendar days of the evaluation interview and will
be included in the per sonnet fill: records.
F. Desiruction of Records - The employee personnel records are considered a permanent record and all
personnel fife documents are relained by the City for the duration of the employee's period of employment
and for any subsequent period required by law.
a. file records of former employees are retained in accordance with the schedule established in
Resolution 90 -'161.
b. Shredding destroys personnel records that have reached the time limit established in Resolution
90 -161. -
SECTION 2 - PAY PLANS AND COMPENSATiON
A- Classification Ptan -
Creation of classifications. The City Council, upon recommendation by the Personnel Officer, shall
create a classification plan for City employees. Each position shall be allocated to a class identified by
class title. Positions shall have the sarne class title when they conform to the same specification or
when the positions' descriptions are sufficiently similar as to qualifications, educational requirements,
responsibilities, level of supervision, and other characteristics.
Specification of classes. A class may. include more than one position. Each class will Dave a
specification, which includes: -a concise, descriptive title, a brief definition, a description of the essential
job duties and responsibilities, a statement of special requirements, and a statement of desirable
qualifications.
3. Reclassification. `The Personnel Officer is responsible for reviewing the duties. and responsibilities of
Positions and recommending to the City Council file creation of new classes and the abolition of
existing classes. The Personnel Officer shall review classifications and make determinations in 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
materially, provided the reclassification can be accomplished within budget limitations. The
Personnel Officer has the discretion to determine when the ditties have materially changed which
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warrant a reclassification. To process reclassifications in a timely manner, the following process
will be followed:
Supervisor or employee submits a request of reclassification to the Human Resources
Department.
ii. Within fifteen (15) working 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 affirrrrs 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 (Julies so the employee is no longer working outside of classification, appoint employee
to existing classification with greater responsibility, or create a new classification that more
accurately reflects the employee's ongoing job duties and responsibilities.
b. When the duties of 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
from one class to a class with a higher maximum salary, the employee's salary in the higher class will
be the minimum salary for that class, unless that minimurn is lower than, or the same as, the
employee's salary at the time of the move. In that event, the employee will receive the next higher step
within the pay range of the higher class. Employees receiving a promotion will receive at least a 5 %
increase in salary unless limited by the salary range maximum. The new review date for promoted
employees is the date of promotion or in six (6) months if the employee in placed at Step A.
4. Demotions. When an employee is demoted, (moved from one class to a class with a lower maximum
salary), the Personnel Officer will set the employee's salary within the range of the class to which the
employee has been demoted. In this event, the employee's anniversary 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.
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
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employee will continue to receive his /her present salary until such lime as the rnaximurn salary for the
class exceeds his /her rate of pay.
C. Employee Performance Review and /or Evaluation - Ehe performance evaluation process is intended to
improve productivity and foster communication between supervisors and employees. E_ValUationS should be
conducted at least annually in accordance with the schedule set forth for that ernployee's job dassificatioi
and should be based upon position - specific performance elements and work standards. -Fbe evaluation
must indicate dearly whether overalt performance is superior, satisfactory, or substandard. The review
process must provide for employee feedback and face -to -face communication. Results of the performance
review will be utilized to determine employee's training and development needs.
1. Salary adjustments. Results of the employee's current performance review will be used to determine
salary adjustments on the employee's anniversary date. E=mployees whose work performance is
satisfactory will be eligible for advancement to the next higher step (not to exceed the maximum) of
the salary range. Employees who receive a less than satisfactory rating may not be eligible for a
salary advancement. on their anniversary dale.
2. Employee review and response. Employee will be provided with a copy of his/her performance
evaluation twenty -four (29) hours prior to the evaluation interview. Employees have the right to
respond in writing to the evaluation report should they so desire. Said responses should be submitted
to the reviewer no Later than thirty (30) days after the evaluation interview. Contents of an employee's
performance evaluation are not subject to the grievance procedure.
3. Copses kept in personnel file. The employee's complete, original, and signed performance
evaluation including any written comments provided by the employee - is filed in the employee's
official personnel file kept in the Human Resource Department_
D. Pay Period --- The pay period for all employees is bi- monthly on the 15th and the last (fay of the month.
When the 151" or the last day of the month falls on a weekend or holiday, paychecks will be available the
prior Friday. All paychecks are to be distribute(] to the departments and delivered to the employee by noon
on the 15' or the last day of the month.
1. Time cards. All employees are required to keep a timecard and accurately record all hours worked.
a. Full -time employees. Regular full -time employees will be paid for the prior two -week period
worked.
b. Part -time employees. Regular part -time and hourly part -time employees must submit their
timecards to the finance Department on the 5 "' and 2.01" of the month and will be paid the
following payday for the time submitted.
Direct deposit. Any employee wishing to have their paycheck directly deposited may do so by
contacting the Finance Department and filling out the required documents.
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E. Overtime - Overtime hours must be approved in advance by the employee's direct supervisor or
Departrrrent Head. Overtime is to be kept to a minirnum consistent with maintenance of essential City
services. All non - exempt erployees will be paid overtime as required by applicable law and in accordance
with any provisions in applicable memoranda of agreement.
F. Compensatory Time Off - Subject to applicable memorandum(s) of agreement or the outline of certain
employment conditions for non - represented employees, compensatory time off may be granted in lieu of
overtime pay for overtime work performed by eligible employees. Compensatory time off is subject to the
accrual cap in the relevant memorandum of agreement.
1. Approval of overtime. Employees must obtain pre - approval before working any overtire. The
Supervisor will authorize such overtime work and will notify the Personnel Officer upon such
authorization. The Supervisor is responsible for arranging his /her department so that compensatory
time off can be taken.
2. CTO for exempt employees. Management employees and any bona fide exempt personnel will
receive administrative leave, as qualified under 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. Al 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 memorandum(s) of agreement or outline of certain conditions of employment will
reflect accrual information, time, and manner in which any payment for unused compensatory time will
be made.
5. Payment upon separation. Upon separation, all employees will be paid a lump sum for all
outstanding approved and accrued compensatory time and /or administrative leave.
6. Use of CTO. Employees who wish to use CTO must obtain prior authorization of their Supervisor or
Department Head. The City's policy is to permit the use of CTO within a reasonable period after the
request for use is made. Use of CTO on 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, andlor 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 spacial observance for
State employees.
Weekend holidays. Generally, when a holiday falls on a Saturday, it shall be observed on the
preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday. If
a holiday falls or) an employee's regularly scheduled day off, the applicable memorandum of
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agreement will determine whether the employee is pairs holiday pay or given compensatory limo off. if
any outline of conditions of employment or memorandum of agreernent conflicts will, this subsection,
the provision of the conditions of employment or remorandum of agreernew will prevail.
3. Holiday pay. Regular full -time and regular part -time ernploye(-'s are entitled Io receive time off wily)
pay at their regular rate of pay for the holiday. Regular part -time employees rc ceive either ;i0% or
75 %, of the holiday pay as determined by the number of hours per week the employee is normally
scheduled to work. An employee who resigns may not select a holiday as the ernployecs first day of
employment.
4. Required work on holiday. An employee whose job performance is esseulial to maintain public
services may be required to work on a holiday. In such cases, thre applicable MOA will specify the p<ry
and /or benefits received for the work performed on holidays.
U. Vacation •-
Vacation policy. All regular full -time and regular part -time employees are entitled to vacation time off
work with pay. Eligible regular part -tune employees accrue vacation at the rate of '50 %, or 75% of the
allotment established for full -time employees as determined by the 'rrunrber of hours tyre part -lime
employee is regularly scheduled 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 -lime ernployecs according to t17e following
schedules established in the applicable MOA's or Outline of E3enef €ls for tl7e Management and
Confidential Units.
3. Use of vacation. An employee's scheduled vacation must be approved by his /her supervisor. The
smallest amount of vacation time that may be used is Y hour (15 minutes). An individual may have
unused annual vacation leave carried over to the following calendar year. If maximum accrual is
reached, further vacation accrual will stop. When the employee uses paid vacation lime and brings
the available 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 her vacation cap by the number of days the employee was not permitted to take as vacation
days. The Personnel Officer may, in his or her sole discretion, grant such requests from time to lime.
Vacation at termination. Upon termination, an employee shall receive a lump sum payment for the
balance of accrued vacation hours. Payment for unused vacation shall be made at the rate of pay in
effect for such employees at the time of termination. When termination is caused by the death of the
employee, pay for unused vacation shall be paid to the same beneficiary the employee has
designated for Life Insurance benefits. Beneficiary designation otherwise, shall be in writing, signed
by the employee and filed with the Finance Department, Payroll Office. Vacation accruals are not paid
to employees who are employed by the City, less than six months.
a. Holidays falling during vacation. When a day designated and observed by the City as a holiday
occurs on a day on which an employee is taking vacation, such employee shall not be charged as
using vacation for that day. The employee's compensation for that day shall be holiday pay and
he /she shall not be paid or charged for vacation. This holiday policy is subject to modification through
an applicable MOA for represented employees.
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6. Illness during vacation. If an employee becomes ill or is injured while on vacation, the time off will
still be counted as vacation time and not sick 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 -
Eligibility. Regular full -time and regular part -lime 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) clays or more for sick leave: will require a certification from a health care provider.
b. Sick leave may be taken for an employee's personal, non - industrial illness or injury_ Additionally,
the employee may use up to one -half his /her yearly paid sick leave accrual (based on calendar
year) to attend to an illness of a child, parent, spouse, or domestic partner of the employee or the
child of the employee's domestic partner.
c. An employee may use sick leave for medical examinations and appointments provided, however,
that such leave time may be limited to four (4) hours in any one working day at the employee's
supervisor's discretion.
(f. An employee requesting to use paid sick leave must specify whether the use is for personal
illness or to care for a family member. In the event that an employee exhausts his /her paid sick
leave, he/she may be 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 any lime that would be in conflict will) the inability to report for work and to perform the duties
assigned. if an employee violates this policy, appropriate disciplinary action will be taken.
4. Sick leave accrual during leave of absence. Employees who are off work on a paid leave shall
continue to accrue sick leave during the leave period_ Employees who are off work on an unpaid
leave shall no longer accrue sick leave after ninety (90) calendar days.
5. Accumulation. Accrued sick leave may be accumulated to the limits described in the applicable
Memorandum of Agreement.
6. Sick leave and Workers' Compensation disability payments. An employee receiving temporary
disability payments under the Workers' Compensation taws, may use accumulated sick leave in order
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 /tier full salary in proportion to the
amount of his/her full salary paid by the City during such period of disability.
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D- Bereavement Leave -
In the case of death within the irnmediate family of an employee, life emPloyee shall be emitted to
three (3) clays of Paid leave. An .additional two (2) d��iys of sick or vacation leave may be taken upon
approval of if)(-, employee's supervisor if the employee must travel out of the <1rea (at least 250 miles
one way),
2. Immediate family in this case means: spouse, domestic partner, father, father-in -law, mother,
mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including stepchildren), stepparents,
aunts, uncles, grandparents, grandparent -in -law, grandchildren and relationships in loco- parentis and
close personal relationships, will) 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 upcorning military duty at soon as he /she
becomes aware of his/her obligation and provide a copy of his /her military orders.
3. Compensation. Frnployees on temporary military leave will be paid Their normal salary for the first
thirty (30) calendar days while engaged in the perfon-nance of ordered military duty. Pay for such
purposes shall not exceed 30 days in each fiscal year. if the employee's military leave exceeds thirty
days, the City will continue to pay the difference between the employee's normal salary and the total of
his /her military compensation if the employee is called io active duly as a result of a declaration of
emergency, war, or as necessary for homeland security as declared by the President of the United
States, Secretary of Defense, Secretary of Homeland Security or the Governor of California. In such
cases, the employee shall submit his /her military earning statement to the Finance Department,
Payroll Office to assist in calculating the employee's salary. In no event will the employee be
compensated in excess of his /her normal City salary. All other military leave is unpaid except where
necessary to.maintain exempt status under the Fair tabor 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 anti /or general salary increases for which they become eligible
during military leave.
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, all
health insurance benefits will 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 his /her health plan benefits, at the employee's expense, for up to eighteen months.
For employees both in a paid and unpaid status, the benefits shall be provided in accordance with
the City's applicable agreements, outlines, rules, policies and procedures and all state and
federal laws. Such benefits may be subject to individual plan provisions.
b. Pension plan benefits. During any period of paid leave, the City will pay the employer and
employee contributions to CaiPC RS. Additionally, employees returning from military leave are
entitled to pension benefits that accrued during military service and to any CaiP[RS contributions
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that would have been made if the employee had riot been absent due to military leave. Military
leave is not con sidereo 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 employed had not taken military leave.
d. Seniority. Employees returning from military leave are entitled to the seniority and other rights
and benefits determine(] 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 Flurnan 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 (Jays, the employee must report for reemployment at the
beginning of the first regularly scheduled workday that would fall eight hours after he or she
reiurns home, unless reporting within such time frame; is impossible and then the employee must
report as soon as possible.
b. For military leave of more than 30 days but less than 1£31 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.
For military leave greater than 181 days, the employee must apply for reemployment within 90
days of completion of the service.
F. Family And Medical Leave -
Eligibility. Family and medical leave ( "FML ") shall be granted in accordance with the provisions of
state and federal law. All employees who meet the eligibility criteria stated in this policy are entitled to
take an unpaid FML.
To qualify for FML, an employee must have been employed by the City for a period of twelve months
and have worked for at least 1250 hours during the 12-month period immediately preceding the leave.
FML may be granted for the following reasons: (1) the birth of a child loan employee or placement of
a child with an employee in connection with the adoption or foster care; (2) to care for a child, parent,
spouse or domestic partner who has a serious health condition; or (3) for the employee's own serious
health condition that makes the employee either unable to work at all or unable to perform one or more
of the essential functions of the position assigned.
2. Amount of FML. Eligible employees are entitled to FML totaling twelve (12) weeks within a 12 -month
period_ The 12 -month period within which the leave must be taken begins on the date the employee's
leave begins and concludes 12 rnonths after that date. This leave shall be concurrent with any
disability leave associated with pregnancy, childbirth, or related pregnancy conditions as provided in
the City's Pregnancy Disability Leave (PDL) Policy.
3. Intermittent leave. When medically necessary (as certified by a health care provider), leave 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
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who is on a reduced work schedule or intermittent leave to ternporarily transfer to an allenaative
position, will) tile: same pay and benefits, if the alternative position better accommodates the required
work schedule than the employee's usual position.
R. Notice of leave. An employee must provide al least thirty (30) clays advance written notice of the
need for FMI_ whenever possible. If thirty (30) days notice is not possible, tile: employee must give
notice as soon as possible. If the employee fails to give thirty (30) days advance notice for
foreseeable events, without any reasonable excuse for tale delay, the City reserves the right to
postpone the leave until at least thirty (30) days after file written notice was received.
Statement of health care provider. When the leave is for a serious health condition, a health care
provider must provide written certification to support the request for leave. The statement for an
employee's serious heq, III) condition shalt specify the commencement date of ttae event which prevents
tlae enlployee from performing the functions of his/her position, the anticipated duration of the leave,
and a statement that the employee is unable to perform the essential functions of his or tier position-
'Tile statement for the employee to altend to a family member shall state tine date of commencement of
the serious health condition; the probable duration of the condition; an estimate of the arnount 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 the
second opinion differs from tine first opinion, tfae City may require, at its expense, that the employee
obtain a third opinion by a health care provider approved jointly by the City and the employee. The
third opinion shall be considered final and binding on the City and the employee.
A new statement from a health care provider may be required if the employee requests an extension
to the leave requested in the original statement.
Ttae City does not require the certification disclose the underlying diagnosis without consent from the
employee.
0. Pay during leave. FML is unpaid except to the extent tiler employee elects to substitute accrued paid
leave lime. An employee may use accrued sick leave when the FML is for the employee's or the
employee's family member's serious health condition. An employee may substitute accrued vacation
leave, compensatory time off andlor paid administrative leave for any FML. The substitution of paid
leave time does not extend the 12 -week maximum leave time.
7. insurance benefit premiums during FML. An employee is eligible for the same insurance benefits
and premium payments for each benefit during FML as if the employee were not on leave, for a
maximum of twelve (12) weeks. An employee on unpaid leave; beyond the twelve (12) weeks is no
longer considered on FML and; therefore, if the employee wishes to continue health insurance
coverage he or she may do so at his or her expense, at the City's group rates. The employee must
arrange for payment of his /her premium contribution, in advance. A lapse in insurance coverage will
occur if a premium payment is more than 30 days late.
8. Other benefits during FML. During any portion of FMt_ for which an employee substitutes other paid
leave benefits, the employee will continue to accrue paid leave benefits (i.e., sick leave, vacation
leave), seniority, and other benefits to the same extent that the employee would accrue those benefits
if not on FML_ Employees on FML are not eligible for holiday pay (e.g, paid for holidays worked) for
holidays that fall during FMt
9. Reinstatement. Except as provided in Section 21.3.7, an employee who takes FML shall be eligible
for reinstalemenf to the employee's former position at the former rate of pay. However, if the position
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is not available due to business necessity, the City may instead offer the employee a job that is
comparable in germs of pay and duties An employee retains the same right to employment as if not
on FMI...
if an employee fails to report to work promptly at the end of FML, the employee wilt 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
positron 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 erployees as determined
at the time of the request for leave.
11. Statement regarding return to work. If the employee takes FML leave for his or her own serious
Health condition, the City requires a statement by the employee's health care provider that the
employee is fit to return to his /her job.
12. Other work. The City shall take appropriate disciplinary action if it determines that an employee has
engaged in other work during a FML that is inconsistent with the employee's use of FML.
13. Definition of health care provider. A health care provider as used herein means a person molding
either a physician's and surgeon's certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person who
meets the definition of others "capable of providing health care services" as set iorth in the federal
Family and Medical Leave Act and its implementing regulations.
G. Pregnancy Disability Leave -
Eligibility. Any employee who is disabled from working due to pregnancy, childbirth or related
medical conditions is eligible for Pregnancy Disability Leave (PDL).
Amount of PDL. PDL will be allowed for the period of disability but not to exceed four (4) months (88
working days for full -time employees and pro -rata for part -time employees). PDL may be taken on an
intermittent or reduced hour basis when determined medically advisable by the employee's health care
provider, e.g., for morning sickness, prenatal doctor's appointments. The smallest increment of time
that can be used for such leave is 114 of an hour. The City may require an employee who is on a
reduced schedule or intermittent leave to temporarily transfer to an alternative position if the
alternative position better accommodates the required work schedule.
3. Notice of PDL. Whenever possible, an employee must provide at least thirty (30) days advance
written notice of the need for PDL. If thirty (30) days notice is not possible, notice 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 position and /or duties.
5. Statement by health care provider. An erniployee requesting PDL shall provide the Human
Resources Department with certification from her health care provider stating the anticipated delivery
date an(] estimated dates and duration of the disability. If there is a change in diagnosis, and the dales
are either accelerated or delayed, notification from the health care provider is required.
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Personmet holes and Rcoutaiion:;
A health care provider's statement musi be submitted verifying the> need for pregnancy disability leave
or for transfer, slating the following:
a. I he date oil which the e nIployee becarne rfisabled due to pregnancy, childbirth or related rnedical
condition or that dale on which the need for a Iransfer became medically advisable;
b. The probable duration of the period or periods of disability or the need for transfer, and
c. A staterent thal, due to the disability, the employee is unable to perform one or more of the
essential functions of her position without undue risk to herself and, the successful completion of
her pregnancy, or that transfer is medically advisable_
A new statement may be required if the employe.,e., requests an extension of lime 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
m aximurm length of a PDL.
7. Insurance benefit premiums during PDL. An employee will receive the same insurance benefits
and prerniurn payments during PDL as if the employee were nol on leave, for a maximum of twelve
('12) workweeks. An employee on unpaid PDL beyond this period may continue heallh insurance or
other benefit coverage :it own Fier expense, at the City's group rates. The employee must arrange for
payment of the premium contribution in advance_ A lapse; in insurance coverage will occur if a
premium payment is more than 30 days 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 that the employee would accrue those 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 tier 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 employee fails to report to work promptly at the end of PDL, the employee will be assumed to
have abandoned her employment unless additional leave has been approved.
10. Statement regarding return to work. The City requires an employee returning frorn PDL to provide
a statement from a health care provider that certifies the employee's fitness for duty.
11. Other work. The City shall take appropri<ate•disciphnary action if it determines that an employee has
engaged in other work during a PDL that is inconsistent with the employee's use of PDL.
12. Definition of health care provider. A heafih care provider as used herein means a person holding
either a physician's and surgeon's certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person who
meets the definition of others "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
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H. Work - Related Injury And illness t cave
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 Fluman 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 riot exceed one hundred (100 %) percent of the employee's
normal salary. Accrued leave hours shall be charged to the extent of wages paid by the City to the
employee.
5. 'Termination after work- related injury or illness. unless otherwise prohibited by law, an employee
may be terminated after the treating physician's finding that the employee's condition is "permanent
and stationary" and that the disability precludes the employee from doing the essential functions of the
job.
6. Anniversary date. A regular employee who is absent from work as the result of a work - incurred injury
or illness shall retain his/her anniversary date. An employee who has not completed the probationary
period is ineligible for certification to regular status 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.
1. Witness Duty -
An employee who is required to appear as a witness or to otherwise participate on behalf of the City in any
judicial or administrative proceeding shall receive pay as though at work for time spent in the proceeding_
The employee must remit any witness fees received to the Finance Department, Payroll Office.
An employee subpoenaed to appear in a proceeding in which the City is not a party shall be granted leave
without pay during the time required for that appearance, except where necessary to maintain the
employee's exempt status under the f=air Labor Standards Act. The employee may use accrued vacation,
administrative leave or compensatory time for this purpose.
Ji Jury Duty -
All regular and probationary employees called to jury duty will be granted a paid leave. A copy of the jury
summons must be given to the Human Resources Department. The employee shall receive full pay for the
time served on jury duty, provided the employee remits to the City all fees as soon as received by the
employee for such duties. Compensation for mileage or subsistence allowances shall not be considered as
a fee and shall be retained by the employee.
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All other employees will be granted leave without pay except where necessary to rn�,ainlain the employc e's
exempt st<alus under the l=air labor Standards Act.
If an e,arployee is rcxluire(J io report to jury duty within 2 hours of the scheduled start of the workday, the
ernployee is not required to report to work at file start of the workday, but shall report directly tojury duty. if
an employee is released from jury duty will,) more than one-half of his /her workday remaining, file
employee is required to report to work to complete the regularly scheduled workday.
K. Unpaid Administrative Leave -
Eligibility. Upon written request of an employee, 1he Personnel Officer may approve in writing an
unpaid leave of absence without pay for a period not to exceed six (6) months.
2. Reason for leave, Unpaid Administrative Leave will be granted for the followioxl purposes:
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 kindergarten through 121r' grade will be
granted up to 40 hours in a 12--month period (not to exceed 8 hours in 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 at a school in connection with the
suspension of a child. The ernployee may use accrued leave for school visits. If accrued leave is
exhausted, file Personnel Officer may allow the employee to work an alternative schedule to
accornrrrodate the leave or provide leave without pay.
Written proof of the date and time of the visit signed by an appropriate school official may be
required to be provided to the Personnel Officer on return to the job.
b. Voting leave. Any employee, if Ile or she does not have sufficient time outside of working hours
to vote, may request up to two (2) hours of accrued paid leave either at the beginning or end of
scheduled working hours to enable the employee to vote. If the employee has no accrued paid
leave, time off shall be granted without pay except where necessary to maintain exemptions
under applicable state and federal wage and hour laws.
C. Domestic violence leave. An employee who is the victim of domestic violence may take unpaid
leave or use any available paid time off benefits to erasure his /her health, safety or welfare, of that
of hiss /her chili, by obtaining a temporary restraining order, a restraining order, or other court
assistance. Additionally, an employee may take leave to seek medical or psychological
treatment, to obtain necessary social services, and /or to participate in safety planning or take
other actions to increase safety. The employee must provide reasonable notice of the need for
such leave and shall provide evidence satisfactory to the Personnel Officer of participation in one
or more of the activities speci €ied in the preceding sentence. The amount of leave provided shall
be in accordance with Labor Code section 230.1.
d. Crime victim assistance leave. An employee who is the victim of a crime, the immediate family
member of a victim, a registered domestic partner of a victim, or the child of a registered domestic
partner of a victim may take an unpaid leave or any available paid time off benefits to attend
judicial proceedings related to that crime.
e. Emergency duty and training leave. Volunteer firefighters and other emergency personnel may
take an unpaid leave or use accrued leave to perform emergency duty. Volunteer firefighters
may take up to 14 clays leave per calendar year to engage in training. file employee must
Provide reasonable notice to the Personnel Officer of file need for such leave and shall provide to
the Personnel Officer satisfactory evidence of participation in the emergency duly or training.
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Miscellaneous leave. in addition to the leaves described above, the Personnel Officer may
approve other requests for unpaid leave at His /her discretion.
L. Health Insurance Benefits -
Benefits. The City provides group medical, dental, and vision insurance to eligible employees and
their dependents and domestic partners (effective January 1, 2005) as detailed in the applicable
MOAs and City Council resolutions outlining conditions of employment and benefits. The Personnel
Officer shall maintain records of the terms and conditions of the health insurance and other benefit
contracts, benefit levels, and administration procedures. More detailed information regarding these
benefits is set forth in the official plan documents and insurance policies that govern the plans. If there
is any actual or apparent conflict between the brief summaries contained in this policy and the terms or
limitations of official plan documents, the provisions of the official plan documents will prevail.
Employees who wish to inspect those documents may make an appointment with the Personnel
Officer for that purpose. Due to changes in MOAs, terms, conditions, benefit levels and
administration requirements may be adjusted from time to time.
2. Commencement of benefits. The benefits described in this section shall begin the first of the month
following the first day of employment or on the date -of -hire it it occurs on the first of the month_
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.
a. 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 Emt)Igyee Benefits -
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. tong -term disability insurance. City provides long -term disability insurance to regular full -time and
regular part -time employees. The purpose of LTD insurance is to provide eligible employees with a
percentage of normal income when an injury or illness occurs on or off the job_ The City provides two
different LTD plans. The terms of the specific plan can be found in the applicable MOA or applicable
resolution outlining conditions of work and benefits. The terms and conditions of this benefit may be
modified from time to time in the event that the City changes carriers.
When an employee is.receiving benefits from other sources, the total amount of compensation
received by the employee, including LTD benefits, shall not exceed one hundred percent (100 %) of
the employee's normal monthly income.
3. Catastrophic leave program. The catastrophic leave program provides additional paid leave time to
eligible employees suffering from financial hardship and who otherwise meet the criteria of the
program. Please refer to Resolution 01 -270 for the details of this program.
Employee Assistance Program (EAP). The City provides, at no cost to all regular full -time and all
regular, 12 -month part -time employees, legal dependents, and domestic partners (per AB 205
effective January 1, 2005) an employee assistance program. The program provides access to
professional counselors and therapists to assist employees in resolving stress resulting from personal
issues, substance abuse, grief or work - related issues. Any information provided to a counselor or
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Personnel Rules and Regulations
("Illy-OF R01 iNM 1 PARK
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therapist is confidential- No information is provided to the City regarding an eligible member':; use of
the >, F/\P. io make at appointment with a counselor call Cigna l:3el wvioral I lealth al (888) 371 -1125.
For more information, cont,"ct the I luman Resources Department.
;i. Health Care Tax -free dollar account program. This program allows permanent full -lime or parl -time
employees to set aside ra maximum of $3,000 per calendar year of before tax wages for rnedical
Premiums, co payments, or out of pocket rnedical costs, as authorized by the Inlernai Revenue
Services and the California Franchise Tax Board. A regular employee becomes eligible on (late 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 f=ranchise -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 pars -time
employees to set aside a maximum of $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 or) date -of -hire. Fmployee
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.
Hepatitis B program. Below is an explanation of the City's Hepatitis B Program.
Employees who may have to perform first aid as a regular job duty or are it) positions which might
expose them to bodily fluids need to be offered the Hepatitis B Immunization Program per the City's
Blood -borne Pathogens Program.
These job classifications are:
Public Safety Officer
P.S. Sgt.
P.S. Lt,
P.S. Division Cornmander
Director of Public Safety
Community Services Officer
Evidence Technician
Property Specialist
Vol. Auxiliary Firefighter
Reserve Officer
Seasonal Maintenance Assistant
Maintenance Helper
Maintenance Worker I
Maintenance Worker 11
Public Works Services Supervisor
Recreation Supervisor
At the time of the pre employment physical, the candidate has a blood test that lets the City know if
they have the I lepatifis B antibody. At the employment orientation, Human Resources. Department
provides the new erployee (if they are in one of the jobs classes listed above) information on what
iepatitis B is and a check off form, which indicates whether or not they wish the 3 -shot immunization
prograrn. I iuman Resources (f fR) logs in the employee's response in its safety records.
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%mployees who wish the 3 -shot f tep. B series go get their shots, inform 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 gel their shots at the County Health Dept. and submit their
receipt for reimbursement. It is important that the employees not miss an appt. for a shot as they
might have to repeat the series. There are specific timeframes for each shot.
It an exposure incident occurs at work, under workers' 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.
Types of transfers.
a. Voluntary request for transfer initiated by department supervisor and/or employee.
b. Involuntary transfer initiated by the Personnel Officer to better serve the needs of the City.
C. Transfers for disciplinary reasons are subject to the provisions of Section 8.
d. The Personnel Officer may transfer an employee to a class with a lower maximum salary with the
consent of the employee, provided the employee possesses the desirable qualifications for the
position to which he /she reassigned.
2. Process for transfers. Transfer process and approval is made as follows:
a. At least two weeks prior to the transfer, a notice will be sent to the affected employee(s) and
bargaining unit(s) stating the nature of the transfer and an explanation as to why the transfer is
necessary.
b. The employee has a right to respond in writing within five (5) workdays from date of notice,
c. The employee has a right, through their bargaining unit, to file a grievance within the time limits
established in the grievance procedure.
B. Promotion —
Qualifications. A person may be moved to a class with a higher maximum salary only if he /she has
the desirable qualifications for the higher class. These desirable qualifications are ascertained on the
basis of information obtained from application forms, tests, examinalions, interviews, past performance
reviews or evaluations, anti /or input from an employee's supervisor.
2- lnternalfexternal recruitment. In filling vacancies for positions above entry- level, consideration will
first be given to existing City employees. However, the Personnel Officer may recruit from outside
when the Personnel Officer determines that appropriately qualified City employees are not available to
fill the vacancy. The City reserves the right to conduct an open recruitment process to fill a vacancy in
a higher -level position or to fill the vacancy by advancement of a qualified employee that currently
occupies a rower -level position.
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3. Request for eligible employees. When a vacancy occurs, the Supervisor may rearrest a list of
narnes of persons in City employ who qualify for promotion to the vacant position for consideration
from the Iiurnan Resources Department.
Determining pay for promoted employees. Refer 10 Section 2 Pay flans and Compensation, fart
B, Section 3.
C. Trainee Proararn - In an effort to provide upward mobility opportunities for current City employees and to
provide employment opportunities to the general public, the personnel Officer Can add the word "Trainee"
to any classification, within the financial ability of the City, except those represented by a bargaining unit,
employed by the City and to recruit and select individuals 10 fill Ixasilions as deerned appropriate.
The training progr<arn 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 from 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 occur upon recommendation of the Supervisor and approval of the
Personnel Officer.
D. Apprenticeship Proqram - The City may establish an apprenticeship program in partnership with a local
school district, Sonoma Stale University, Santa Rosa Junior College, or an accredited trade school. This
program would be conducted in cooperation wily the applicable bargaining units.
E. Probational Period. The probationary periods set forth in Section 5 also apply to all placements
resulting frorn the in -house recruitment process.
SECTIONS- RECRUITMENT PROCESS
A. Announcement of Vacancies - Notices of employment opportunities in the City will be first announced in
house, via electronic mail, allowing current employees the opportunity to apply for the position. The
announcement will also be posted in the City offices and publicized in any other ways necessary to attract
the best qualified candidates.
Open recruitment. The Personnel Officer has the discretion to begin open recruitment outside of City
employ when helshe knows that the City sloes not have employees with the required knowledge or
skills.
Notices. Such notices list the classes in which vacancies are anticipated, specify the class title, salary
range, fringe benefits, the nature of work performed and the qualifications required for employment in
the class, tell when and where to file applications for employment, and give information about the
testing, scoring and selection procedure to be used.
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B. Ap l.icLations Every applicant responding to a City recruitment shall file an official City application form.
Applications shall be available in the City's Fiurnan 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. -rhe form by which a person applies for a position with the city is prescribed by the
Personnel Officer and requires information about the applicant's training, experience, qualifications
and any additionai 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 docurnents must be filed in the Human
Resources Department on or before the final filing date and lime 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. ari 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;
C. has directly or indirectly obtained information regarding the content of an examination to which an
applicant is not entitled;
I. previously been dismissed for cause from any public or private employment or resigned to avoid
such dismissal;
g. has failed to submit a complete and /or signed application within the specific time limits;
h. has failed to reply within five (5) working days from the dale mailing, to communications
concerning availability for employment;
i. has made himself /herself unavailable for employment by requesting that his /her name be
withheld from consideration.
j. for any material cause which, in the judgment of the Personnel Officer, would render the applicant
unfit for the particular position, including a prior resignation from City services accepted with
prejudice.
4. Criminal convictions. Convictions (including pleas of guilty and nolo contendere) may disqualify an
.applicant from employment by the City. Criminal convictions do not necessarily disqualify individuals
from employment with the City. In determining whether an individual with a conviction is disqualified,
the Personnel Officer will consider the following factors:
a. the employment classification to which the person is applying, including its sensitivity,
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b. nature and seriousness of the conduct,
c- the !moth of time since the conduct,
d. the 'xfo of the individual at the lime of conduct,
e. circumstances surroundinf} the conduct,
I. contributing social or environmental conditions, and
g- the presence or absence of rehabilitation or efforts at rehabilitation.
5� Employment of relatives. A position within the City will not be filled by an individual, where that
individual would be subject to supervision, evaluation, discipline, or decisions regarding compensation
by a close relative. No person will serve in a department where the Supervisor is a close relative or in
a division where the division head is a close retalive. 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 eligible in writing at his/her last known address, of the
action taken. An applicant has file right to respond orally or in writing within five (5) working clays from
the date of mailing to the Personnel Officer, with no further right'lo appeal.
C. Selection Procedure -- 'The method used to select employees shall be impartial and shall relate to those
subjects which fairly measure the abilities to execute the duties and responsibilities of the classification in
which the vacancy exists. Selection procedures consist of one or more of the methods listed below- The
some method shall be applied equally in a single examination.
1. Application. information the applicant supplies on the City's application form, and any attachments
thereto will be reviewed under the supervision of the Human resources Assistant or his /her designee
and the applicable: department supervisor. The same criteria and point system is utilized for all
applicants for the same position.
2. Examinations. 1 he selection techniques used in the examination process will be impartial, practical,
and related to those subjects which fairly measure the relative capabilities of the applicant examined to
execute the duties and responsibilities of file class.to which they seek to be appointed. Examinations
may consist of, but are not limited to, such techniques as written tests, personal interviews, skills and
performance tests, assessment centers, review of performance evaluations, evaluation of daily work
performance, evaluation of work samples.
3. Documentary evidence. Applicants for positions are required to provide documentary evidence of
education, training, or experience. The City reserves the right to re -test the skill level of any applicant.
4_ Scoring and rating. The Personnel Officer will establish the relative weights of examination and
other components of a position. The basis of the final score will be included in the job
announcement. Scoring and rating systems may be numerical or non - numerical as determined by the
Personnel Officer.
a. Appointment preference on open /promolional recruitments will be extended to any regular City
employee. Regular city employees will be granted the following scoring preference: 1% for each
Year of service, with a maximum preference of 10 %. Depending on the scoring established for
the classification recruitment, the preference may be expressed as an additional percentage or
additional points. Sec' example below for detailed explanation.
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PERCENTAGE EVALUATION (sarn_ple)
P- mployee's Total Score 80%
Years of City Service as a Regular Employee = 10 (calculates to an additional 10 %)
Employee's Adjusted 'rotal Score = 80% + 10% = 90%'
POINT EVALUATI ION (sam le
Employee's Total Points = 175 out of a possible 200
Years of City Service as a Regular Employee = 10 (calculates to an additional 20 points 1200 x
10% = 20]
Employee's Adjusted Total Score = 175 + 20 = 195"
'The combination of an employee's 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% + 10% = 110 %; and on the point
evaluation receive a total score of 200 + 20 = 220.
b. In accordance with Resolution 2001 -271, the City does not grant preferential status to any select
group of persons when applying for a position.
D. Interview Process -
Interview boards. The Personnel Officer will assemble and appoint interview boards. These boards
may be comprised of private citizens, experts in the field, members of another agency, City officers,
City employees, and /or bargaining unit representatives.
2. Interviewers remarks. Interviewers mark on forms provided the degree to which, in their judgment,
each candidate possesses the desired qualifications. The interviewer's remarks will be translated into
a numerical score_ Scoring sheet and interviewers' remarks are confidential.
E. Efigibiiity fists - After each selection procedure has been completed, the Personnel Officer or his /her
designee will prepare an eligibility list containing the names of applicants who qualify for appointment to
positions in a particular class.
Ranking. Place the names of the qualified applicants ( "eligibles ") on the eligibility list in the order of
their final ranking, as determined by the selection process, with the highest rated eligible at the top of
the list. If more than one person has the same score, the names will be placed in alphabetical order.
2. Duration of list. The eligibility list remains in effect for a period of six (6) months, unless the
Personnel Officer extends this period, for a period not to exceed (1) year. The Personnel Officer can
reduce the period if the list contains less than 5 names. In the event of early cancellation of an eligible
list, the Personnel Officer will notify each person whose name appears on such list to this effect via
mail to hislher 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 a given eligibility list by the Personnel Officer
for any of the following reasons:
a_ appointment to the classification for which the eligible list was originally established;
b. request by the applicant for removal from the list;
C. failure to continue to meet any of the minimum standards established for the position for which
the eligible list was prepared;
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d. failure to contact the Personnel Officer within live (5) working days from the date of notice of an
interview or offer of appointment;
e. determination by the Personnel Officer that the applicant has violated one or more of the
provisions of Section 5.13.4.
4. Vacancies When a vacancy occurs in a class for which there is an eligibility list, the Personnel
Officer will transmit the names, ancJ,all supporting documents, of all candidates with the top five
ranking scores on the eligibility list to the Supervisor for consideration_
F. Appointment Process — All appointments to position vacancies will be made in accordance with these
rules and regulations. The power to appoint and dismiss City employees is vested in the City Manager
(Personnel Officer).
1. Vacancy. Tile 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 list. The Personnel Officer may make a provisional appointment to a position if
there is no eligibility list for the class and if the needs of the service require that the position be
filled before a selection process can be completed. A provisional appointee must:
Meet the requirements of training and experience established for the position;
ii. Not continue for more than thirty (30) days in the provisional appointment after an eligibility
list for the position has been established unless there are no eligibles on such eligibility list
who are available for or who wish to be considered for appointment to the position;
iii. The Supervisor may submit a written request and justification to the Personnel Officer to
extend the provisional appointment in six (6) month increments. No more than two (2)
extensions may be granted for each provisional appointment.
b. Emergency, in an emergency which threatens life, property, or the operation of necessary
municipal services, the Personnel Officer may employ an individual not on the eligibility list for not
more than thirty (30) calendar (Jays.
3. Pay. A new appointee shall receive the minimum salary for the class to which the position is
allocated, except that:
In cases of extreme difficulty in filling a position, the Personnel Officer may approve
appointment at a salary above tile minimum., In such cases, all incumbent employees in the
class to which the appointment is made shall be placed on at least the same step of the
salary range as the new appointee; or
ii. In hiring exceptionally qualified personnel, the Personnel Officer may approve appointments
at a salary above the minimum for the class.
G. Conditional Offer of E=mployment - An offer of employment is contingent upon the results of the following;
1. Reference checks. Prior to conducting reference inquiries a prospective employee will be required to
sign a release allowing the City to acquire information about the applicant from former employers.
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Medical examination. Applicants who have been offered a regular position with the City are required
to participate in a pre - employment physical.
Each job classification has specific physical standards and are reasonably related to job requirements.
The city is notified only that the prospective employee is medically qualified, conditionally qualified or
disqualified; no other medical information will be released.
3. Fingerprints and criminal background check. All persons employed by the City will be
fingerprinted and law enforcement records checked for past criminal convictions. Information thus
obtained will be confidential. Employment of, and continuation of service of employees with a criminal
conviction must have the approval of the Personnel Officer as stated in Section 5.13.4.
K 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.
Duration of period. The probationary period is not less than twelve (12) months for miscellaneous
employees, not less than eighteen (18) months for dispatchers, not less than eighteen (18) months for
sworn Public Safety employees, and not less than twenty -four (24) months for Management
emloyces. Employees who receive promotional appointments must serve another probationary
period of at least six (6) months for non- supervisory employees and twelve (12) months for
supervisory employees (includes management classifications).
2. Leaves of absence during probation. If an employee is absent from work for longer than five (5)
working clays during the probationary period, the City may extend the probationary period an amount
of time equal to the days missed if necessary in order to properly evaluate an employee.
Extension of probation period. All efforts will be made to sufficiently evaluate the probationary
employee during the assigned period_ An extension of the probationary period may, however, be
recommended by the supervisor 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 take place let) (10) working clays prior to the end of the initial
probationary .period -
Rejection during probation period. During the probationary period, an employee may be rejected at
any time for any reason by the Personnel Officer. Employees who are dismissed during their
probationary period have no right to hearing or appeal. Notification of rejection must be served to the
probationary employee in writing.
5. Promoted, employees. A promoted employee who does not successfully complete the probationary
period will be reinstated to his or her former position or to a comparable position. If, however, the
employee is discharged for cause, the employee has no right to reinstatement.
6. An employee who successfully completes a probation period achieves regular status in his /her class
and is known as a regular employee.
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SECTION 6 - SEPARATION AND REINSTATEMENT
An employee may be separated from employment by resignation, disrnissal, retirernent, or layoff on account of
I x;k of work or lack of funds. 'the dismissal for cause of regular employees will be in accordance with the
provisions of Section 8. Other separation procedures and reinstatemeni procedures are set forth below.
A. Separation anti /or (designation -- An employee wishing to resign is re<tuired 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.
An employee who has resigned in writing may withdraw his /her resignation prior to the final date
stated on the letter of resignation. The withdrawal letter will also be placed in his /her personnel fite.
2. Ali employee who leaves employment without so filing a written resignation and giving two (2) weeks
notice, as required above, will have this fact noted in his /her file and may be denied future employment
by the City.
B. Reinstatement - Upon application of a former regular employee, who has properly resigned, the
Personnel Officer may, at his /her sole discretion, approve reinstatement of the former employee as
provided below:
1. An employee separated from the City's employ for six (6) months or less may i.>e 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 -tirne 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 shall be
treated as a new employee.
3. The City will reinstate into the position from which he /she has been promoted any employee who fails
during a promotion to which he /she has been promoted.
4. Any employee who resigns without proper notice or resigns during an investigation or disciplinary
action will not be eligible for reinstatement.
5. An employee who is granted an authorized leave to which fie or she is entitled under a federal, state
or local Saw requiring reinstatement shall be reinstated to his /her former position as provided by law.
C. Layoff - Whenever it becorrres necessary to reduce the number of employees due to lack of work,
economic considerations, changes in mission, technological changes, or as determined by the Personnel
Officer based on other factors or when a position in the classified services is to be temporarily or
permanently abolished, the Personnel Officer will notify the Human Resources Department the number of
employees to be laid off or the names and number of positions to be abolished. The purpose of the
procedures set forth below is to establish equitable standards to regulate Stich layoffs. The City's decision
to reduce its work force is a management right, thus no due process or grievance . procedures apply, and
the decision is riot subject to "meet and confer" requirements. These procedures apply only to regular
employees (full or part time) and probationary employees (initial or promotional /transfer).
1. Identification. The Personnel Officer on the basis of the administrative needs of the City determines
the departments and positions Subject to layoff.
2. Order of layoff:
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a. Within a classificalion, those employees who are probationary ernployees in their initial
probationary period will be laid off first, followed by employees in a promotional or transfer
probationary period.
b. -The order of layoff for regular employees within a department will be determined by considering
business necessity, each employee's job performance and competence, and seniority.
i. "Seniority" for purposes of this Section shall be determined by adding together all time spent
in City service, in whatever capacity, expressed in terms of years, months, and stays. 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
(Le, the most junior employees are laid off first).
iii. Ties in seniority shall be resolved by the Personnel Officer, faking 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
dale of the pending layoff. A copy of the notice shall be retained in the employee's personnel file.
4. Exclusions. In certain instances, there may be exceptions made in the order of layoff outlined above_
'These exclusions would be made when:
a. specialty position when qualifications for the position could not be easily obtained through a short
orientation or familiarization period.
b. transfer in lieu of layoff. Within the affected department or departments, a regular employee who
is scheduled for layoff may be offered a voluntary reduction in classification to a lower level job
classification provided he /she meets the minim ;um qualifications, and /or obtairi proficiency
through a short orientation period.
G. a voluntary reduction by taking early retirement and /or "golden hand shake ".
5. Retreat rights /voluntary demotion in lieu of layoff.
a. An employee who would otherwise be laid off has the right to retreat to a vacant position which he
or she previously held, provided the employee meets the current minimum qualifications for the
position.
b. An employee who would otherwise be laid off has the right to retreat to another position in the
same classification series or to any position the employee has previously held and for which the
employee is qualified that is occupied by an employee of lesser seniority. The result is that the
more senior employee "bumps' the junior employee, who then is entitled to the retreat/demotion
rights set forth herein.
c. An employee who would otherwise be laid off may request to be. temporarily demoted to any
vacant position for which the employee is qualified.
d. An employee who wishes to exercise any of the rights set forth in this subsection 5 must so notify
the Personnel Officer in writing within five (5) business days of receiving the notification of
pending layoff-
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e. An employee who relreals or is dernote,d to a position as provided herein must serve the
probationary period applicable to the new position unless the employee previously completed the
probationary period in that position.
6. Reinstatement lists. The names of regular employees who have been laid off, including those who
have accepted a demotion or retreated to another position are to be placed on a layoff reinstatement
list by seniority within the ctassification from which the employees were laid off. An employee's narrae
remains on this list for a period of one (1) year from date of layoff; On employee's name may be
removed for any of the following reasons:
a. Reappointment of the employee to his /her former classification
b. Notification from employee that he /she is no longer interested in returning to [lie 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. f=ailure to
respond within five (5) business days of the offer shalt be deemed a rejection.
7. Offer of reinstatement. If the position previously held by a laid off employee becomes vacant, or if
another position within the same classification series becomes vacant, then the employee will) the
most seniority on applicable reinstatement list shall be offered the vacant position.
3. Restoration of benefits upon reinstatement. When an employee is reinstated to employment after
layoff, all his or her prior service shall be counted toward the calculation of leave accruals and
seniority. Any unused sick leave which the employee had accrued at the time of layoff shall be
restored. if art employee is reinstated to a position in which he or she was serving a probationary
period at the time of'layoff, all time on probation previously completed prior to layoff shall be counted
toward determining when the probationary period ends.
SECTION 7 - INCOMPATIBLE ACTIVITY /CONFLICTS OF INTEREST
A. Incompatible Activity - Certain activities are incompatible with ethical, effective employment with the City.
All City employees are prohibited from:
I. Participating in improper political activity prohibited by the federal Hatch Act or pertinent provisions of
State Law inducting the California Government Code;
2. Using for private gain or advantage the influence of a City position or the facilities, equipment and
supplies of the City,
3. Soliciting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City;
4. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City in excess of the Conflict of Interest guidelines established in the
Rohnerl Park Municipal Code Chapter 2.60;
5. Divulging confidential information to anyone to whom issuance of such information has not been
authorized; or
6. Participating in any employment or other activity, which will prevent an employee from doing his /her
City job in an efficient and capable manner, is illegal pursuant to state or federal law, or which might
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result in a conflict of interest between the employee's private interests and his(her official duties and
responsibilities.
B. Outside Employment - City employees are expected to work for the Cily's bests interests and to devote
their best energies and skills to their positions_ for this reason, City employees are prohibited from
accepting outside err}pioyment that could conflict with file best interests of the City or interfere with the
employee's ability to perform his or her City position. E=xamples of such prohibited outside employment
include, but are not limited lo:
1. jobs /business conducted during the employee's work hours will) the City,
2. jobs /business that prevent the employee from being available for necessary overtime or emergency
work period outside his or her normal working hours when such overtime or emergency duly is a
regular part of his or her job,
3. business conducted using City facilities, resources or equipment (including telephones, computers,
supplies, etc.)
SECTION 8 - DISCiPLINARY ACTION
City employees are expected to meet certain standards of job performance, interpersonal interaction, and
conduct. The City may discipline any employee whose conduct or performance fails to meet reasonable City
standards, i.e. for cause. Discipline may be imposed for a single incident or for a pattern of conduct. The
specific discipline imposed is intended to focus the attention of the employee on the performance or conduct
problem anti, except in cases of discharge, to encourage changes in behavior.
Disciplinary actions include but are not limited to: counseling, oral reprimand, written reprimand, reduction in
pay, suspension without pay, reassignment, demotion, and discharge. Although the City generally applies the
concept of "progressive discipline," discipline may include any one or any combination of actions, and the
actions need not necessarily be applied in a defined order. Instead, the discipline imposed will be determined
according to the severity of the infraction(s), regardless of whether prior discipline has been imposed.
Only regular employees who have successfully completed their probationary period have the right a to hearing
and appeal as described in this section. An employee not covered by this Section may be disciplined without
reference to these provisions; such an employee has no protected property interest in his or her employment.
A. Causes for Disciplinary Action - Any regular employeq may be disciplined for "good cause ". Good cause
is defined as reasons including, but not limited to, life following:
1, fraud in securing employment;
2. Incompetence or inefficiency;
3. Failure to maintain required licenses, credentials, certificates or other conditions for employment as
specified in assigned classification;
4. insubordination;
5. Dishonesty;
6. Neglect of duty, or inattention to /dereliction of duties;
7. Violation of City or Department rules and regulations, policies, procedures or general orders, whether
oral or written;
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8. Disclosure of confidential personal infarmatiorl 01 anotlWf employee;
9. Negligent or willful damage to or waste of public equipment, property or supp ies,
10. improper or unauthorized use of City vehicles or equipment;
11. Misappropriation, theft, or embezzlement of City property anti /or funds,
12. Unlawful harassment or discrimination, or the failure-; to cooperate with the investigation of harassment,
discrimination or other unlawful activities;
13. possession of an open container, use of, or being under the influence of alcohol, non - prescription or
unauthorized narcotics or controlled substances during work hours;
14. Excessive tardiness or absences, except in the case of approved leave;
15. Absence without leave, not returning from an approved leave -of- absence or oblaininq a leave -of-
absence under false pretense;
16. Soliciting any favors or gifts from persons, concerns or corporations who haver, 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 Irztere;st guidelines established in the
Rohnert Park Municipal Code Chapter 2.60;
18. Failure to observe safety regulations and practices, including the use of assigned personas protective
equipment,
19. Discourteous, unprofessional or abusive treatment of the public or other employees;
20. Use of abusive language;
21. Actual or threatened physical violence;
22. Conviction (including by plea of guilty or nolo contendere) of a felony or any crime; involving moral
turpitude;
23. Conviction of a misdemeanor (including by plea of guilty or polo conlendere) that is of a nature as to
adversely affect the employee's ability to perform the duties and responsibilities of his or her position.
B. Minor Discipline. -- All supervisors are authorized to implement minor disciplinary measures. Minor
disciplinary actions are not subject to appeal. Examples of minor discipline include the following:
1. Oral reprimand. An oral admonition to an employee whose conduct or performance must be
improved and which details the areas for improvement, 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 memorandurn showing that the supervisor has met with the
employee to discuss a specific problem(s) or deficiency and which sets forth the recommendations
given to the employee to address the problem(s) or deficiency in order to improve performance.
Although a copy may be sent to the employee's personnel file, documented counseling memoranda
are typically maintained in the supervisor's file until they are included by notation in the employees
formal performance evaluations.
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3. Written reprimand. A formal written notice to an employee stating the specific details concerning the
subject of the reprimand, summarizin( previous related disciplinary action, if any, and describing the
plan for improvement. A wrillen reprimand shall include the date of the reprimand and a statement
advising the employee that continued conduct or performance at such levels may result in more
serious discipline, up to and including discharge. At the time a written reprimand is issued, the
employee is entitled to bring a representative of his or her choice. The employee shall review the
reprimand and sign it and then shall be given a copy of it. Written reprimands are not subject to
appeal, although an employee has three (3) working days following the dale 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 shalt
initiate the request to remove records of minor discipline through his or her Department stead. The
employee's Department }-lead 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. M<rior 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 from the City service without pay for one (1) or
more working days. "Working days" shall be determined by re €erence to the affected employee's
normal work schedule.
2. Merit decrease. A pay step reduction where performance falls short of the normal standards or where
performance is clearly inadequate in one or more critical job duties_
3. Demotion. The removal of an employee from one position and reassignment to one of lower grade or
classification.
4. Discharge. The removal of an employee from City service when it has been determined the
employee has been given a reasonable opportunity to conform his or her conduct to required behavior
or performance standards and has failed to do so, or where an employee has committed one or more
serious offenses for which no other disciplinary measure is appropriate.
D. Disc lirraryr Process - Major Discipline. Any imposition of major discipline must follow the procedures set
forth below.
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. Tfie 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
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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 )he Notice of Intent.
2. Informal hearing (i.e. Skelly hearing). At the oniployee's request, an informal hearing will be held
prior to the imposition of major discipline. This hearing is riot an evidentiary hearing, but rather an
opportunity for the employee to present information as to why the proposed major discipline should not
be imposed. Except by stipulation of the City and the employee, the hearing shall take place within
ten working (10) (Jays of the employee's request for hearing, and it may be rescheduled only once at
the employee's request. The following pararnete s apply to the informal hearing:
a. The hearing shalt be conducted by a responsible person designated by the Personnel Officer.
b. The hearing shall include it')(' employee, the employee's chosen represcntalive(s) - (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 shall be tape recorded or stenographically recorded, and a copy of the tape
recording or transcript shall be provided to the employee upon request.
d. At the hearing, the employee shall be given an opportunity, either orally or in writing, or both, to
bring forward facts or circumstances which may cause the charges to be revised or dismissed. If
the employee's information is presented by his or her representative, all statements made 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 n3isstatement(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 discipline should be imposed,
modified, reduced or dismissed.
3_ Notice of discipline. Following the informal hearing, if requested, the same: Department Head who
issued the Notice of intent shall consider the hearing officer's recommendation to determine how to
proceed. If he or she decides to dismiss the proposed discipline, written notice of the dismissal shall
be provided to the employee as soon as practicable. If the decision is to impose discipline either as
proposed or in some modified or reduced form, a written Notice of Discipline shall be prepared. The
Notice of Discipline shall state:
a. The specific type of disciplinary action that will be imposed;
b. The specific reason(s) or causes) for the actions, setting forth specific facts that form the basis
for the decision;
c. The effective (late of the action, and
d_ The applicable appeal rights available to the employee pursuant to these Personnel Rules.
Disciplinary action becomes effective on the (late stated in the Notice of Disciplinary Action,
notwithstanding an employee's timely request for an evidentiary hearing before the Personnel Officer.
E. Appeal from Major Discipline - Any employee on whom major discipline has been imposed shall be
entitled to an appeal hearing as set forth below.
1. Timing. An employee wishing to exercise the appeal rights provided in this Section most deliver a
written Notice of Appeal to the Personnel Officer within ten (10) working days after the (late of the
Notice of Discipline.
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2. Employee representation. Employees may represent themselves or be represented by legal counsel
or representative(s) of the 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 (30) working days of the receiving the Notice of Appeal. The hearing shall be closed and
confidential. Prior to the hearing, the Assistant City Manager or his /her designee shall supply the
hearing officer with (1) 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. "l he employee's presence is required_ Failure to appear at the appeal hearing unless physically
unable to do so shall be deemed a withdrawal of the appeal and a waiver of any further right of
administrative appeal.
b. The fearing shall be stenographically recorded.
c. Any and all witnesses other than the City's representative shall be excluded from the proceeding
until called to testify, except as mutually agreed to by the employee and the City's representative.
d. Order of hearing shall be
;. The City's representative, followed by the employee, may make preliminary opening
statements.
ii. The City's representative may present oral or documentary evidence, or both, in support of
the City's position; the employee may cross- examine all witnesses called by the City.
iii. The employee may present oral or documentary evidence, or both, in support of the
employee's position; the City's representative may cross - examine all witnesses called by the
employee.
iv. The City's representative, followed by the employee, may make a closing statement.
The hearing shall be conducted in an efficient manner conducive to determining the issues,
however, the technical rules of evidence do not apply. Any relevant evidence may be admitted if
it is the sort of evidence on which responsible . persons are accustomed to relying in the conduct
of serious affairs. Oral evidence shall be taken only upon oath or affirmation. Hearsay evidence
may be used for various purposes; however, hearsay standing alone and properly objected to
shall not be competent to prove a charge. Irrelevant and unduly repetitious evidence may be
excluded, as shall evidence that would violate other employees' rights to privacy and
confidentiality of their personal information. The hearing officer (with advice -of appointed
counsel, if necessary) shall rule on any objections made to the admissibility of evidence or
otherwise relating to the conduct of the hearing.
Following the conclusion of. the hearing, the hearing officer shall prepare written findings and
recommendations and provide them to the City Manager_ The hearing officer may recommend
changes to the proposed discipline. However, if the hearing officer finds that the underlying facts
giving rise to the charge(s) are proved by a preponderance of the evidence, the hearing officer
may not recommend a reduction in discipline if reasonable minds could differ as to the proper
level of discipline. If the hearing officer recommends a reduction in discipline, he or she must
make a specific finding that reasonable minds could not differ as to the appropriate level of
discipline and set forth the facts upon which he or she based such finding. If the hearing officer
finds that none of the charges are supported by the evidence presented, the recommendation
shall be that no disciplinary action be taken.
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City Manager's Determination. The hearinq officer's findings and recommendations shall be
forwarded to the City Manager for his or her review. The City Manac ;er will follow the
recornmendalions of tide hearing officer unless he or she can show cause that the hearing officer
abused his or her discretion.
a. -1 he City Manager shall review the enlire 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 officer's written findings
and recommendations).
b. The City Manager shall is 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. 11 shall include a copy of the
appeal, hearing officer's findings and recommendations and shall be filed as a permanent record
in the employee's personnel file.
d. Notice of the City Manager's decision, along with a copy of both the City Manager's decision and
the apps al 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,
F. Use of paid administrative leave. Nothing in this Section is intended to abrogate the City's right to place
an employee on paid administrative leave during the investigation of circumstances that could lead to the
imposition of discipline or for any other reason that is in the City's best interests.
G. Disciplinary Action for specific employees of the Department of Public Safety.
Under California Government Code Section 3300, the State of California enacted the Public Safety
Officers' Procedural Bill of Rights (POBRA). As defined under California Government Code Section 3301,
the positions within the City that are covered by the POBRA are the following. Public Safety Officer
Trainee, Public Safety Officer, Public Safety Sergeani, Public Safety Supervisor (LT), Public Safety Division
Commander, and Director of Public Safety. It shall be the policy of the City to extend these same rights
and privileges to all non - safety members of the Rohnert Park Public Safety Officers' Association, except
those that by their very nature could only apply to peace officers and /or firefighters. All subsequent
revisions to California Code sections 3300 et seq and Court interpretations of these statutes shall also be
binding on the City with respect to non - safety members of the Rohnert Park Public Safety Officers'
Association.
For safety and non - safety employees alike, the phrase "locker, or other space for storage that may be
assigned to him" as used in Government Code Section 3309 shall include, but is not limited to, a Public
Safety employee's assigned City vehicle and /or the enclosed spaces of an employee's assigned desk or
office area. Nothing in this section shall preclude the City from temporarily re- assigning a departmental
asset to meet a necessary operational requirement.
C17Y OF ROHNERT PARK Page 35 of 39
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CITY OI= R01 INERT PARK
Personnel Roles and Regulations
GLOSSARY - DEFINITION OF TERMS
ADMINISTRATIVE LEAVE - Absence with full pay and benefits, ordered by a Department I lead or the City
Manager, when the City's interests require the employee to be away from the job.
ANNIVERSARY DATE -The date, which signifies the completion of each year of service by a regular employee
in a position and /or the date an employee starts his /her probationary period for either original, promotional, or
change in classification appointments.
APPLICANT -- A person who has successfully completed and submitted an employment application for a
position for which the City is currently recruiting.
APPOINTMENT -- The selection of, and acceptance by, an applicant to a position in the City service in
accordance with these rules.
AVERAGE SCORE - Means the combined average of all- relevant, converted, and weighted scores obtained by
a candidate for a given classification or position title.
CALENDAR DAYS - Consecutive days within a specific time frame and shall include weekends and holidays.
CANDIDATE - An applicant for City employment who meets. the minimum qualifications of the position applying
for and has been selected to begin the testing process or a person on an eligibility list_
CFRA - California Family Rights Act, state law established in 1993, and is administered by the California
Department of Fair Employment and Housing.
CITY COUNCIL -- -The duly elected governing body of the city.
CITY MANAGER --- The individual appointed by the City Council to manage all City operations, departments,
policies and rules_
CITY SERVICE - The entire employment system of the City.
CLASSIFICATION - A group of positions sufficiently similar in respect to duties and responsibilities, that the
same descriptive classification title may be used to designate each position allocated to that class. The same
rninimum qualifications may be required of incumbents of positions in the class, and the same examinations
may be used to choose qualified employees.
CLASSIFICATION SERIES - A group of classifications sharing similar functions but differing as to level of
complexity, difficulty and responsibility.
CLOSE RELATIVE - Relative shall mean spouse, father, father -in -law, mother, mother -in -law, brother, brother -
in -law, sister, sister -in -law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent -
in -law, grandchildren and relationships in loco - parentis and close personal relationships, with the approval of the
City Manager or. his /her designee.
COMPENSATION -- Any salary, fee, or allowance paid to an employee for performing the duties and exercising
the responsibilities of a position.
DISCIPLINARY ACTIONS - Actions taken with the objective of obtaining employee compliance with rules,
orders, procedures, standards of conduct and /or expected job performance when non - disciplinary corrective
actions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its
own.
CITY OF ROHNERT PARK Page 36 of 39
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DOMESTIC PARTNER -- Two idulls who have chosen to share one another's lives in an intilriate and
committed relationship of mutual caring. To be eligil,)le both parties must file a Declaralion of Domestic:
Partnership with the California Secretary of State.
ELIGIBLE -- A person whose Warne is on an employment list.
ELIGIBILITY LIST -- A list that contains the na7ies of qualified candidates, for a specific classificatiun, who have
completed all examination processes and are ranked, in order of the score or rating received.
EMPLOYEE - Any person appointed to fill an authorized employment position in the City service. Elected
officials, volunteers, unpaid interns, and those appointed to advisory boards, committees, and commissions are
not employees. 'I I3e c:aiegones of employees are:
Regular: A regular employee is one who has passed probation <rnd holds a regularly authorized position
with benefits. Regular employees may only be disciplined for cause. 7 -here are 3 types of regular
employees:
1. Regular full- tirne: a person who holds a budgeted (40) forty -hour per week position, with dulies 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 Iverson who holds a budgeted position, wilt) duties and responsibilities that do riot
end in a specific time period, works for a specific number of hours, as defined, and fills out a timecard,
receives a salary and benefit package, proportioned to their agreed fixed work ratios (20 hours per
week receives 50% benefits; 30 hours per week receives 75% benefits).
3. Specially - funded: a person who works in a regular full- or part -time position funded by sources other
than,City revenues (e (J., federal or slate grants).
Probationary: A probationary employee is someone in a regular full - or part -time position who is serving a
trial period as provided in Sections 4 and 5.
Special: A special employee is one hired for a special purpose to meet the needs of the City. Special
employees include_
Provisional employees - i.e. an employee who meets the minimum qualifications for a position and
who is appointed on an interim basis until the vacancy can be fitted.
2. Seasonal employees - A temporary employee appointed to positions of limited duration of not more
than six (6) months within a twelve (12) month period. Seasonal employees do not participate in the
City's benefit programs.
3. Emergency employees - employees hired to meet the requirements of a declared emergency which
threatens life, property, or the general welfare of the City and. whose position ceases when the
emergency ceases.
Probationary and Special Employees may be dismissed from such positions or disciplined with or without
cause.
ENTRY LEVEL The initial position in a class series.
EXAMINATION -- The process utilized to evaluate the relative skills and knowledge of an applicant for
prospective enlptoyrnent or current employee who has applied for a change in classification and/or promotion.
CI-FY OF ROI € HU PARK Page 37 of 39
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Techniques utilized may consist of, but not limited to any of the following: traditional paper and pencil tests,
performance tests, skills test, or oral assessment.
EXEMPT -- An employee in a specific classification who, according to the Fair Labor Standards Act (FLSA) is
exempt from the City's overtime policies and is compensated for overtime through Administrative Leave,
accumulated per specifications outlined in the MOA's and /or Oulline 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 nolo
contendere, in which he does not accept or deny responsibility for the charges but agrees to accept punishment.
NON - EXEMPT -- An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA)
is to receive overtime pay at 1 %2 times normal pay for hours worked over 8, 9, 10 in 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 entitled to preference in appointment to vacancies in that class.
CITY OF ROHNER1 PARK Page 38 of 39
Personnel Rules and Regulations
CITY Of R01 INII -R r PARK
Personnel fdules and Regulations
RPEA -- Rohnert Park Employees' Association. The labor bargaining and reprCaentalion unit for r;3cfministrative'
technical and support employees.
RPPSOA - Rohrierl Park Public: Safety Officers' Association. 7 hc; labor bargaining and rel:rreselll�.rlion unit for
Public Safety Sergeants, Public Safely Officers, Public, Safety Dispatchers, Communic<alions Supervisor,
Community Services Officers, Part -Time I:)ispatcliers, and Public Safety Officer Trainees.
RULES - The Personnel Rules and Regulations of the City of Rohnert Park as contained in this docurrrc;rrl.
SALARY -- A regular employee's base pay as approved by the City Council in the classification and salary plan
i.e. poy rates arid 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 labor bargaining and represenlation 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
)raving essentially the maximum salary limits, and involving the performance of similar duties.
WORKDAY - Is a twenty -four (24) hour period beginning at the same time each calendar day.
WORKWEEK - Means any forty (40) hour period within seven (7) consecutive days starting will, the same
calendar day each week.
RESOLUTIONS EFFECTING PERSONNEL POLICY
RESO 79 -22
EMPLOYEE GRIEVANCE PROCEDURE
RESO 92 -78
EOUAL OPPORTUNITY EMPLOYER
RESO 92 -79
- POLICY AGAINST DISCRIMINAVI-ION BASED ON DISABILITY .._ ADA
RESO 93 -38
AGAINST HARASSMENT
RESO 99 -01
- ELECTRONIC MEDIA USE
RESO 91 -192
ANTI -DRUG POLICY
RESO 87 -117
-- DEPENDENT CARE ASSISTANCE PROGRAM
RESO 00 -10
EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004)
RESO 03 -71
- PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE
CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING
RESO 03 -235
- OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
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