HomeMy WebLinkAbout2014/06/24 City Council Resolution 2014-072RESOLUTION NO. 2014 -072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING A MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK EMPLOYEES' ASSOCIATION (RPEA) FOR THE PERIOD OF
JUNLY 1, 2014 THROUGH JUNE 30, 2017
WHEREAS, on June 24, 2014, the City Council approved a Tentative Agreement on a
Three Year Proposal with the Rohnert Park Employees' Association (RPEA), which had been
ratified by the membership of RPEA; and
WHEREAS, in accordance with the terms and conditions of the Tentative Agreement,
staff has prepared a final Memorandum of Agreement with the RPEA that was ratified by RPEA
membership on June 19, 2014;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve and adopt the Memorandum of Agreement for RPEA for the
Period of July 1, 2014 through June 30, 2017, which is attached hereto as Exhibit "A" and
incorporated by this reference.
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 24"' day of June, 2014.
ATTEST:
1J Anne Buergler, City Clerk
Exhibit A: MOU July 1, 2014 — June 30, 2017
BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN:
AYES: ( L-1 ) NOES: ( C:.) ) ABSENT: ( j ) ABSTAIN: ( i) )
IN
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF ROHNERT PARK
AND THE
ROHNERT PARK EMPLOYEES' ASSOCIATION
(RPEA)
EFFECTIVE JULY 1, 2014 —JUNE 30, 2017
Exhibit A
TABLE OF CONTENTS
1. HOURS OF WORK ......................................................................................................................... ............................... 5
1.1
REGULAR WORKWEEK FOR EMPLOYEES .......................................................................................... ...............................
5
1.2
REGULAR WORKDAY FOR EMPLOYEES ............................................................................................ ...............................
5
2. OVERTIME /COMPENSATORY TIME ............................................................................................... ...............................
5
2.1
COMPENSATION RATE ................................................................................................................ ...............................
5
2.2
MAXIMUM COMPENSATORY TIME ................................................................................................ ...............................
5
2.3
CALL BACK OVERTIME ................................................................................................................ ...............................
5
2.4
EXEMPT EMPLOYEES .................................................................................................................. ...............................
5
2.5
ADMINISTRATIVE LEAVE - EXEMPT EMPLOYEES ................................................................................. ...............................
6
3. HOLIDAYS ...................................................................................................................................... ..............................6
3.1
OBSERVED HOLIDAYS ................................................................................................................. ...............................
6
3.2
PROCLAIMED HOLIDAYS .............................................................................................................. ...............................
6
3.3
DAY OF MOURNING OR SPECIAL OBSERVANCE ................................................................................. ...............................
7
3.4
HOLIDAYS FOR REGULAR PART-TIME EMPLOYEES .............................................................................. ...............................
7
4. ANNUAL LEAVE PROGRAM ........................................................................................................... ...............................
7
4.1
ACCRUAL .................................................................................................................................. ..............................7
4.2
RESIDUAL ACCRUED SICK LEAVE .................................................................................................... ...............................
7
4.3
ACCRUED VACATION CONVERSION ................................................................................................ ...............................
8
4.4
ANNUAL LEAVE ADMINISTRATION ................................................................................................. ...............................
8
4.5
SHORT TERM DISABILITY ............................................................................................................. ...............................
8
S. MILITARY LEAVE ........................................................................................................................... ...............................
8
6. OTHER FRINGE BENEFITS .............................................................................................................. ...............................
8
6.1
FRINGE BENEFIT PROGRAMS ........................................................................................................ ...............................
8
6.2
CATASTROPHIC LEAVE ................................................................................................................. ...............................
9
6.3
CALIFORNIA FAMILY RIGHTS ACT AND FAMILY MEDICAL LEAVE ACT ...................................................... ...............................
9
6.4
LIGHT OR LIMITED DUTY .............................................................................................................. ...............................
9
6.5
AMERICANS WITH DISABILITIES ACT ............................................................................................... ...............................
9
6.6
PAYMENT TO BENEFICIARY ............................................................................................................ .............................10
6.7
INSURANCE COVERAGE ................................................................................................................ .............................10
6.8
ALTERNATE BENEFIT .................................................................................................................... .............................11
6.9
DENTAL COVERAGE ..................................................................................................................... .............................11
6.10
VISION COVERAGE ...................................................................................................................... .............................11
6.11
ADOPTION BENEFIT ..................................................................................................................... .............................12
6.12
BEREAVEMENT LEAVE .................................................................................................................. .............................12
MOA- Rohnert Park Employees' Association . July 1, 2013 through June 30, 2014 Page 2
6.13 FUNERAL EXPENSE BENEFIT ........................................................................................................... .............................12
6.14 LONG -TERM DISABILITY INSURANCE ............................................................................................... .............................12
6.15 LIFE INSURANCE COVERAGE .......................................................................................................... .............................13
6.16 DEFERRED INCOME PROVIDERS ...................................................................................................... .............................13
6.17 RETIRED EMPLOYEES ................................................................................................................... .............................13
6.18 OPTION FOR ELIGIBLE EMPLOYEES WHO RETIRE PRIOR TO JANUARY 1, 2015 .......................................... .............................15
6.19 EDUCATION AND TRAINING REIMBURSEMENT ................................................................................... .............................17
6.20 LONGEVITY PAY ......................................................................................................................... .............................18
6.21 EDUCATIONAL INCENTIVE PAY ....................................................................................................... .............................18
6.22 RETIREMENT PROGRAMS .............................................................................................................. .............................18
6.23 DEPENDENT CARE ASSISTANCE PROGRAM ........................................................................................ .............................19
6.24 HEALTH CARE TAX -FREE DOLLAR ACCOUNT PROGRAM ....................................................................... .............................19
6.25 HEARING AID BENEFIT ................................................................................................................. .............................19
7. AGENCY SHOP AND PAYROLL DEDUCTION .................................................................................... .............................20
7.1 AGENCY SHOP ........................................................................................................................... .............................20
7.2 LISTING OF DEDUCTIONS .............................................................................................................. .............................20
7.3 HOLD HARMLESS ........................................................................................................................ .............................21
8. SALARIES & MISCELLANEOUS PAY ................................................................................................. .............................21
8.1 SALARY ADJUSTMENTS ................................................................................................................ .............................21
8.2 BILINGUAL PAY .......................................................................................................................... .............................21
8.3 PAYCHECKS ............................................................................................................................... .............................21
8.4 RATIFICATION BONUS .................................................................................................................. .............................21
9. ALCOHOL AND DRUGS ................................................................................................................... .............................21
9.1 ALCOHOLIC BEVERAGES, OR OTHER DRUGS ...................................................................................... .............................22
9.2 OFF DUTY HOURS ....................................................................................................................... .............................22
9.3 PRESCRIPTION DRUGS ................................................................................................................. .............................22
10. SMOKING ...................................................................................................................................... .............................22
11. GRIEVANCE POLICY AND PROCEDURE ........................................................................................... .............................22
12. USE OF CITY FACILITIES .................................................................................................................. .............................22
13. MANAGEMENT RIGHTS ................................................................................................................. .............................23
14. WORK CURTAILMENT (NO STRIKE CLAUSE) ................................................................................... .............................23
15. PERSONNEL RULES AND REGULATIONS ......................................................................................... .............................23
16. COMPLETE UNDERSTANDING ........................................................................................................ .............................23
17. TERM OF AGREEMENT ................................................................................................................... .............................23
18. SUCCEEDING AGREEMENT ............................................................................................................. .............................24
18.1 SUSPENSION OF AGREEMENT ........................................................................................................ .............................24
18.2 REPLACEMENT ........................................................................................................................... .............................24
19. NON - DISCRIMINATION .................................................................................................................. .............................24
20. PERSONNEL FILES .......................................................................................................................... .............................24
21. EMPLOYEE PERFORMANCE EVALUATIONS - EMPLOYEE RESPONSE ............................................... .............................24
22. RPEA OFFICERS .............................................................................................................................. .............................24
ATTACHMENT "B ": RETIREE MEDICAL INSURANCE TABLE .................................................................... .............................28
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2077 Page 3
INDEX.................................................................................................................................................... .............................28
MOA- Rohnert Park Employees' Association . July 1, 2074 through June 30, 2077 Page 4
MEMORANDUM OF AGREEMENT
Pursuant to Government Code Section 3500 et. seq., the Rohnert Park Employees' Association (RPEA)
and representatives of the City of Rohnert Park have met and conferred and hereby submit their joint
recommendations for compensation and benefit adjustments for represented members of the RPEA.
1. Hours of Work
1.1 Regular Workweek for Employees
The regular workweek for all employees shall consist of consecutive workdays. By
mutual agreement of an employee and his /her supervisor, workdays may be other than
those defined in this section.
1.2 Regular Workday for Employees
The regular workday for employees shall consist of eight (8), nine (9), or ten (10) hours
of work as may be determined from time to time by mutual agreement of an employee
and his /her supervisor. By mutual agreement of an employee and his /her supervisor,
hours of work may be other than those defined in this section.
2. Overtime /Compensatory Time
2.1 Compensation Rate
Overtime compensation at the rate of one and one -half times the employee's regular
hourly rate shall be paid for all hours worked;
(a) In excess of forty (40) hours in any work period.
(b) On any Saturday or Sunday, or Holiday as defined by this Agreement.
2.2 Maximum Compensatory Time
A maximum of eighty (80) hours of compensatory time off may be accrued by an
employee by mutual agreement of the employee and his /her supervisor.
2.3 Call Back Overtime
Employees, other than those in exempt positions, who are called back to work after
having left the work site, shall be entitled to a minimum of two (2) hours' pay at the
following overtime rates:
(a) All hours worked until midnight at time and one -half the base hourly rate.
(b) All hours worked after midnight at double time the base hourly rate.
(c) All hours worked on Thanksgiving Day, Christmas, and New Years Day shall be
paid at two (2) times the base hourly rate.
2.4 Exempt Employees
Section 2.1 -2.3 shall not apply to those positions that do not receive overtime pay.
These positions are exempt under the Fair Labor Standards Act. This list is subject to
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 5
change due to position reclassifications or the creation of new positions. Management
shall meet and confer with RPEA officers prior to making changes to this list.
2.5 Administrative Leave - Exempt Employees
The exempt employees in RPEA unit shall receive fifty (50) hours of Administrative Leave
on July 1, 2014 and each succeeding July 1" for the term of the contract. Up to twenty
(20) 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, 2015 and each succeeding June 1St
for the term of the contract. 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, 2015 and each succeeding June 30th for the term of the
contract shall be forfeited.
3. Holidays
3.1 Observed Holidays
Employees will receive the following twelve and one -half (12%2) holidays annually. For
each holiday, employees shall receive 8 hours of holiday pay. Employees with alternate
schedules that include shifts in excess of 8 hours will only receive 8 hours of holiday pay.
Employees will supplement paid holiday with accrued leave time to account for holiday
absences. Employees with alternate schedules that include shifts less than 8 hours
which fall on an observed holiday may bank any excess paid holiday time (not to exceed
the 8 hour limit) as holiday leave credits, which may accumulate during the term of the
contract, and which must be used by agreement between the employee and supervisor
during the term of the contract.
"Independence Day ", July 4
The first Monday in September, "Labor Day"
The second Monday in October, "Columbus Day"
"Veteran's Day ", November 11
The fourth Thursday in November, "Thanksgiving Day"
Day after "Thanksgiving"
12:00 Noon to 5:00 p.m. on Christmas Eve, December 24 (a total of four paid holiday
hours)
"Christmas Day ", December 25
"New Year's Day", January 1
The third Monday in January, "Martin Luther King, Jr. Day"
Friday preceding "President's Day'
The third Monday in February, "President's Day'
The last Monday in May, "Memorial Day"
3.2 Proclaimed Holidays
Every day proclaimed by the President, Governor or Mayor of the City as a public
holiday and made applicable to City employees.
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 207 7 Page 6
3.3 Day of Mourning or Special Observance
Each day that the Governor declares a day of mourning or special observance as a
holiday for State employees if the declaration makes it applicable to City employees.
3.4 Holidays for Regular Part -time Employees
If a scheduled or observed holiday falls on a regularly scheduled day off of a part -time
employee, the part -time employee shall be entitled to the prorated number of holiday
hours, which may be taken as time off in the pay period in which the holiday falls.
3.5 Floating Holiday
In addition to the recognized holidays identified in Section 3.1, each eligible
employee shall be allocated one floating holiday (equivalent to 8 hours for a full -
time employee) per fiscal year on July 1 st. Each employee hired prior to July 1
of each year shall be entitled to the floating holiday. Employees hired between
July 1 and December 31 will receive 8 hours of floating holiday time. Employees
hired between January 1 and June 30 will receive 4 hours of floating holiday time
in the fiscal year in which they were hired. The floating holiday must be taken
prior to June 30th of each year. The floating holiday will not be carried over from
year to year and there shall be no cash value for the floating holiday during
employment or upon separation from the City.
4. Annual Leave Program
4.1 Accrual
Effective July 1, 2011 employees shall accrue monthly the following Annual Leave:
Length of Service
Monthly
Annual Leave Hours
Yearly
Annual Leave Hours
0 to _2 years
12.67 Hours
152 Hours
3 to 5 years
14 Hours
168 Hours
6 to 10 years
16 Hours
192 Hours
11 to 15 years
18 Hours
216 Hours
16+ years,.__
19.33 Hours
232 Hours
4.2 Residual Accrued Sick Leave
Effective July 1, 2011, employees shall not accrue any form of sick leave or disability
wage, non - industrial or industrial. However, employees who have accrued fully -paid
hours under either the sick leave or disability wage program for non - industrial illness
and injury shall retain the balance of such hours accumulated as of July 1, 2011. Half -
pay hours accumulated as provided by the disability wage plan will be converted to
fully -paid hours (balance divided by 2), and credited to the balance of each employee
covered by the disability wage plan. Employees in the disability wage plan who have not
received their 2011 anniversary allotment of 40 hours of full -pay disability wage at the
time of conversion will receive this additional 40 hours upon conversion. Paid leave for
approved absence due to injury or illness may be charged against this balance at the
employee's discretion. Upon retirement from the City of Rohnert Park, an employee
MOA- Rohnert Park Employees' Association . July 1, 2074 through June 30, 2077 Page 7
may convert any remaining sick leave balance to service credits pursuant to CalPERS
regulations and procedures.
4.3 Accrued Vacation Conversion
Effective July 1, 2011, employees shall not accrue vacation. All existing accumulated
vacation shall be converted to Annual Leave.
4.4 Annual Leave Administration
Annual leave hours may be used to provide paid time off for any approved absence,
including but not limited to vacation and illness. When annual leave is used for sick
leave purposes, the City may require the employee to submit substantiating evidence of
illness if there is a demonstrable pattern of abuse.
(a) Accrual Cap
An employee may accumulate annual leave credits up to a maximum of 500 hours of
annual leave. Accrual shall cease until the annual leave balance falls below the 500
hour annual leave cap.
(b) Cash Out
Accumulated annual leave shall be converted to cash upon separation from City
service.
(c) Seniority Preference
Preference for leave scheduling will be on the basis of seniority within classification
and /or as has been past practice.
4.5 Short Term Disability
The City will provide a short -term disability insurance program which includes income
replacement of 60% and benefits coordination to employees.
5. Military Leave
The City grants military leave and any related benefits maintenance, job seniority and retention
rights to all employees for service in a uniformed service in accordance with state and federal
law. The employee must notify his /her supervisor of upcoming military duty as soon as he /she
becomes aware of his /her obligation.
6. Other Fringe Benefits
6.1 Fringe Benefit Programs
City reserves the right to select the insurance carrier(s) or to self- administer any of the
fringe benefit programs provided during the term of this agreement. In the event that
any offered health plan is no longer offered, the City agrees to provide a suitable
replacement health plan that is substantially comparable and agrees to meet and confer
regarding same.
All benefits provided under this section (Section 6) are subject to the characteristics of
each individual benefit program.
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2077 Page 8
The value or availability of the benefits provided in this Agreement as originally worded
or as amended from time -to -time may depend on their tax treatment by the State or
Federal government or the decisions of other government agencies or departments,
such as, but not limited to, the Public Employees' Retirement System. The City will
endeavor to obtain the most favorable treatment legally possible from these other
governmental entities. However, the City makes no representation concerning the value
of such benefits to unit members or how they will be taxed or otherwise treated by
other agencies or departments. The City's obligations under this Agreement are limited
to the direct cost of providing the salary and benefits as described in this Agreement.
The City shall have no additional financial obligation, even if the tax or other treatment
of such salary or benefits by other agencies or departments reduces or eliminates their
value to the employee.
(a) The City will continue all employee benefits and pay the appropriate premiums,
as specified in the applicable section(s) of this agreement, due for an employee
out on an authorized leave while an employee is being compensated by accrued
annual leave time (see Annual Leave section 4 above), compensatory time,
industrial leave time and /or non - industrial leave time In accordance with
applicable law.
(b) Employee may continue certain employee benefits during an authorized leave
without pay for the period of the authorized leave by making payment to City for
said benefits.
(c) If there is any inconsistency between this section and the Personnel Rules and
Regulations, the Personnel Rules and Regulations shall govern.
6.2 Catastrophic Leave
Leave benefits shall be provided as outlined in the Amended Catastrophic Leave
Program, a copy of which is attached hereto, approved by City Council Resolution No.
2001 -270 adopted December 11, 2001.
6.3 California Family Rights Act and Family Medical Leave Act
Employees may request a leave of absence under the California Family Rights Act (CFRA)
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 FM LA.
6.4 Light or Limited Duty
Employees injured or ill from either on- the -job (industrial) or off - the -job (non - industrial)
causes may, at the City's sole discretion, be assigned to light, limited, or modified duty.
Such assignments shall be temporary. They may involve duties that differ from the
normal work duties of the employee.
6.5 Americans with Disabilities Act
The City and RPEA recognize that the City has an obligation under law to comply with
the Americans with Disabilities Act (ADA).
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2077 Page 9
6.6 Payment to Beneficiary
Upon death of an employee, any unused Annual Leave and compensatory time shall be
paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or
beneficiary, any unused Annual Leave and compensatory time shall be paid to the
primary beneficiary specified by the employee on the employee's
enrollment /beneficiary card for City - provided Life Insurance.
6.7 Insurance Coverage
The City shall provide the insurance programs described in this Section. The City
reserves the right to provide these insurance programs by self- insurance, through an
insurance company or by any other method which provides the coverage outlined. Any
premiums paid by the employee eligible for Section 125 will be deducted from the
employee's pay on a pre -tax basis. These provisions will remain in effect during the
term of the agreement unless the parties by mutual agreement agree to different
insurance coverage including "cafeteria" style benefits plan.
(a) Health Insurance
The City shall offer employees and their eligible dependents, a health insurance
program under the terms set forth below:
i) For the term of this agreement employees will have a choice of Kaiser
Permanente (Traditional $20 Co -Pay Plan, Traditional $40 Co -Pay Plan and HSA)
or Anthem Blue Cross Prudent Buyer Plan (Traditional $250 Deductible Plan and
HSA) through REMIF or any other comparable health plan offered by the City.
ii) The City will contribute up to the following amount per month toward the cost
of employee medical insurance premiums at the employee's enrollment level.
Enrollment Level
2014 -2015
2015 -2016
2016 -2017
Employee Only (Single)
$469.00
$485.00
$500.00
Employee + 1 (Two Party)
$938.00
$971.00
$1,000.00
Employee + 2 (Family)
$1327.00
$1,373.00
$1,400.00
iii) The City shall provide a copy of the summary description of all health care
programs offered by the City to each employee upon request.
iv) Regular part -time employees may elect to participate in health insurance plans
and the City will contribute a pro -rata amount (based on the allocation of the
position) towards the premium. The part -time employee will be responsible for
the balance of the premium through payroll deductions. If the part -time
employee does not select coverage, no cash payment will be made in lieu of the
insurance.
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 10
(b) Joint Commitment to Affordable Health Care
The parties are committed to providing quality and affordable health care for all
members. Ninety (90) days prior to open enrollment, parties will work together through
their Joint Labor Management Committee to review preliminary health care rates and
discuss any potential changes to plan design to reduce costs. Any changes to plan
designs, including providers, will be made by mutual agreement during the term of the
MOA. However, changes necessitated by REMIF's transition from fully insured plans to
self- insured plans are outside the scope of this agreement.
6.8 Alternate Benefit
Eligible employees who provide proof of health insurance coverage from a source other
than the City may receive an alternate benefit of $350.00 per month. This benefit shall
be provided as outlined in City Council Resolution No. 2007 -178, adopted October 23,
2007.
6.9 Dental Coverage
The City shall offer employees and their eligible dependents, a dental insurance
program under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases during the
term of this Understanding. Premiums will be set by the insurer, or if self- insured by
the City, using fiscally prudent methods. The City shall provide a copy of the
summary description of the dental program offered by the City to each employee
upon request.
(b) In general, the program includes basic dental insurance coverage of payment to
Delta Dental PPO network dentists of the indicated percentage up to the maximum
of $2,000 for each eligible person per year for the following benefits:
(i) One hundred percent (100 %) of the cost of diagnostic and preventative
care.
(ii) Eighty -five percent (85 %) of the cost of basic dental services.
(iii) Eighty -five percent (85 %) of the cost of crowns and restorations.
(iv) Fifty percent (50 %) of the cost of prosthodontics.
(v) Two thousand dollar ($2,000) maximum benefit for dental services per
person per year.
(vi) Fifty percent (50 %) of the cost of orthodontics with a one thousand five
hundred dollar ($1,500) lifetime maximum benefit per person.
(vii) Services rendered by dentists outside of the Delta Dental PPO network
(including Delta Dental Non -PPO Dentists) are covered at a reduced rate;
are subject to the limitation of section (v) above and a one thousand five
hundred dollar ($1,500) lifetime maximum orthodontic benefit per person.
6.10 Vision Coverage
The City shall offer employees and their eligible dependents, a vision insurance program
under the terms as set forth below:
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 11
(a) The City shall pay the applicable monthly premiums and any increases during the
term of this Understanding. Premiums will be set by the insurer, or if self- insured by
the City, using fiscally prudent methods. The City shall provide a copy of the
summary description of the vision insurance program offered by the City to each
employee upon request.
(b) In general, the program includes an eye examination once each twelve (12) months,
lenses once each twelve (12) months, and frames once each twenty -four (24)
months. An employee may purchase contact lenses in lieu of the benefits
summarized above.
6.11 Adoption Benefit
That the City provides a six hundred dollar ($600) per child cash benefit to employees
adopting minor children to help offset the cost of adoptions. This cash benefit does not
include the cost of adopting stepchildren, i.e. children of present spouse.
6.12 Bereavement Leave
(a) A regular employee shall be paid up to three (3) days of bereavement leave
when there is a death in their immediate family.
(b) Additionally, a regular employee may, subject to approval of the supervisor, use
two (2) additional days of the employee's residual accrued sick leave if the
employee must travel out of the area, i.e. at least two hundred and fifty (250)
miles one way.
(c) Immediate family in this case means: spouse, domestic partner, father,
father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -in-
law, child (including 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.
6.13 Funeral Expense Benefit
City will provide fifty percent (50 %) co- payment, not to exceed two thousand dollars
($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit
will be considered secondary to and shall be coordinated with any and all other funeral
benefits that may be payable to employee or spouse.
6.14 Long -Term Disability Insurance
The City shall provide, at no premium cost to employees, long -term disability income
protection insurance coverage. The basic benefit shall be sixty six and two thirds
percent (66 2/3 %) of the employee's monthly base pay with a maximum benefit of five
thousand three hundred and thirty three dollars ($5,333). In no event shall the
employee receive more than full salary. The benefits provided under this section are
subject to the characteristics of the individual program.
MOA- Rohnert Park Employees' Association . July 1, 2074 through June 30, 2017 Page 12
(a) The waiting period for the above long -term disability benefits plan shall be
ninety (90) days.
6.15 Life Insurance Coverage
(a) The City will provide, at no premium cost to employees, fifty thousand dollars
($50,000) life insurance coverage provided to employees and one thousand
dollars ($1,000) for dependents, and which coverage includes accidental death
and dismemberment benefits.
(b) The City will allow, subject to the insurance carrier's approval, any employee to
purchase, at his or her own cost, additional life insurance coverage under the
City's group program.
6.16 Deferred Income Providers
The City will continue to make available to the employees a deferred income program,
now being administered by Nationwide and ICMA or a similar program with another
institution acceptable to City.
6.17 Retired Employees
1. Definition of Terms
a. "Eligible Employee" means any regular full -time or regular part -time benefited
employee hired by the City before July 1, 2007, and who actively participates in and
contributes to the CalPERS Retirement System, and who will be entitled, when eligible,
to receive a retirement allowance from CalPERS.
b. "Retired Employee" or "Retiree" is a regular full -time or regular part -time benefited City
employee hired before July 1, 2007 who retires from the City and thereafter receives a
retirement allowance from CalPERS. Retirement includes service retirement or disability
retirement from the City of Rohnert Park.
c. "Continuous City service" is defined as being continuous regular full -time or regular
part -time benefited City employment for calculating length of continuous service and
service credit. 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.
d. "Employees Hired on or After July 1, 2007" means any regular full time or regular part -
time benefited employee hired by the City on or after July 1, 2007, and who actively
participates in and contributes to the CalPERS Retirement System, and who will be
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 13
entitled, when eligible, to receive a retirement allowance from CalPERS. Employee
Hired on or after July 1, 2007 are entitled to the retiree health benefit set forth in
Section 6.17(3) below.
2. Retiree Health Benefits
a. Hired Before July 1, 2007
Before January 15, 2015, the City shall establish a Retiree Health Savings Account (RHSA) for each
Eligible Employee and shall contribute $2,000.00 per year of Continuous City Service into the RHSA.
For purposes of the service credit calculation, eligible employees shall receive service credit on a
pro rata basis by days of service as of January 1, 2015.
The City will explore providing alternative plan options to the RHSA, including 457 deferred
compensation plans, and if feasible will offer such alternative plans to Eligible Employees.
Eligible Employees Who Retire From the City On or After July 1, 2014
For Eligible Employees who retire from the City of Rohnert Park on or after July 1, 2014, the City
agrees to make a medical insurance premium contribution toward the applicable early retirement
premium in the amount of $500.00 per month until said Retired Employee reaches the age of
Medi -Care eligibility or elects to leave the City medical system. Subject to the eligibility criteria of
REMIF and /or insurance plans, Eligible Employees may participate as retirees at their own expense
in the City's group health insurance.
ii. Eligible Employees Who Retire Prior to January 1, 2015
In the event an Eligible Employee elects to retire prior to January 1, 2015 subject to the terms of
this Agreement and the benefit provided in Section 2(a)(i) above, the RHSA shall be established and
funded on the date of retirement, or as near as practicable to that date. The Eligible Employee
must make the election to retire prior to January 1, 2015 in writing and provide a minimum of
thirty (30) days' notice to the Personnel Officer.
Alternatively, Eligible Employees who meet the requirements set forth in Section 6.18 below may
retire on or before December 31, 2014 under the provisions of that section.
iii. Dental and Vision Benefits For Eligible Employees
The City agrees to provide /offer to regular full -time or regular part -time employees hired before
July 1, 2007, benefit(s) as provided for active employees for dental care, and vision care benefits for
retired employees and one eligible dependent until the Retired Employee reaches the age of Medi-
Care eligibility or elects to leave the City dental and vision system. Calculation of benefit will be
prorated for regular, part -time employees.
All dental care and vision care benefits provided under this Section are subject to the
characteristics of each individual benefit program.
MOA- Rohnert Park Employees' Association . July 1, 2074 through June 30, 2077 Page 14
iv. Medical Contribution, Dental and Vision Benefits in the Event of Retired
Employee's Death or Election to Leave the City Benefit System
In the event of the Retired Employee's death, coverage provided by the City to the Retired
Employee will not continue for the survivors or dependent children of the Retired Employee.
Any Retired Employee who, after retirement from the City, becomes employed elsewhere and is
covered by medical, health, dental or vision care benefits by his /her new employer, said coverage
provided by the City to the retired employee will be considered secondary to the coverage
provided by his /her new employer, his /her new employer's coverage shall be considered primary.
Retired employees are required to notify the City's Human Resources Department of any additional
insurance coverage from new employers.
3. Retiree Health Benefits for Employees Hired On or After July 1, 2007
Beginning July 1, 2014, on a going forward basis, regular full -time or regular benefited part -time
City employees hired on or after July 1, 2007 shall be eligible for the benefits described below in
lieu of the benefits described in Sections 6.17(2) above:
a. Effective July 1, 2014, the City will increase the contribution from $75.00 per month to
$100.00 per month for active employees in paid status to a Retiree Health Savings
Account (RHSA). The monthly contribution will end upon the employee's date of
retirement or separation from the City.
b. The City's contribution to an employee's RHSA shall be considered vested to an
employee terminating City employment with five (5) or more consecutive years of City
service.
c. Calculation of monthly contribution will be prorated for regular part time employees
d. Subject to the eligibility criteria of REMIF and /or insurance plans, employees hired after
July 1, 2007 may participate as retirees at their own expense in the City's group health
insurance.
6.18 Option for Eligible Employees Who Retire Prior to January 1, 2015
1. Hired Before July 1, 2007
The City agrees to make a medical insurance premium contribution toward the
applicable early retirement premium or Medicare - eligible premium as outlined in
Attachment B, "Retiree Medical Insurance Table," as modified annually to reflect
changes in the premium rates. For employees hired prior to July 1, 1993, City shall
provide an amount equal to 80% of the lowest cost premium for active employees for
either employee -only, or employee plus one dependent enrollments, excluding HSA
plans. Retirees may purchase family coverage, but the City's contribution will not
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 15
exceed 80% of the lowest -cost employee plus one premium. 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 Attachment B, and shall not include payment of Medicare B
premiums. Coverage will extend to eligible dependents. The City will provide such
contributions only:
(a) 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."
i. 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
ii. Employees must retire concurrent with termination of service with the City to be
eligible for this benefit (no vesting).
(b) To regular full -time or regular part -time employees hired before June 30, 2007 who:
i. Have at least ten (10) years of continuous service with the City, and;
ii. Are retired forthwith from the City of Rohnert Park service into CalPERS at the
time of permanent or total disability, and;
iii. 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.
iv. 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.
(c) 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."
(d) For eligible "Retired Employees" and the survivors of "Deceased Employees" as
defined in sections 6.18(1) 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.
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 16
(e) Benefits provided under Section 6.18(1) 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.
(f) All benefits provided under Section 6.18(1) are subject to the characteristics of each
individual benefit program. The life insurance to be provided will be the life
insurance plan amount in effect and in accordance with the provisions of the life
insurance program as of the date of employee's retirement.
(g) The benefits provided under Section 6.18(1) 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.
(h) 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 6.18(1). 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.
(i) 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 6.18(1) will be considered secondary to the coverage
provided by his /her new employer, and his /her new employer's coverage shall be
considered primary.
(j) If any spouse or registered domestic partner of a deceased employee or deceased
retired employee who is receiving benefit coverage as provided under Section
6.18(1), 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.
6.19 Education and Training Reimbursement
The City will provide an education and training assistance program to provide
reimbursement to employees for tuition and book costs only for attending and
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 17
completing, with a satisfactory grade (C or better), courses in the adult high school
program, at Santa Rosa Junior College, at Sonoma State University or any other
educational institution acceptable to the City. All courses or classes for which
reimbursement will be requested must be previously approved by the Supervisor and
the City Manager prior to the start of said classes and approval requested on the
appropriate City form. The maximum allowed amount reimbursable for tuition is one
thousand dollars ($1,000) per instructional period plus books and materials, with a total
reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year.
6.20 Longevity Pay
For regular employees hired before 10/10/95, the City shall provide longevity pay as
described below based on continuous years of service, Continuous years of service are
defined as being continuous regular full -time or regular part -time City employment.
Part -time no 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.
Completed years
Pay Percentage
of Service
Increases
5 years
2%
For each completed year thereafter
1/2%
The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base
pay. The "completed years of service" will be determined on January 1st and July 1st
only and not on an employee's employment anniversary date. For employees hired
after 10/10/95, the longevity program as outlined above does not apply.
6.21 Educational Incentive Pay
For regular employees hired after 10/10/95, who are not eligible for longevity pay as
outlined in Section 6.20, a monthly Educational Pay Stipend of $50 shall be provided for
a Master of Science (MS) or Master of Arts (MA) or other Master degree in any major
course of study, awarded by an accredited college or university. In no event shall an
employee be paid for more than one degree. The Stipend payments are authorized only
for degrees from an accredited college or university, and a copy of the degree must be
provided for validation and approval of payment.
6.22 Retirement Programs
(a) Effective July 1, 2007, the City will provide the California Public Employees' Retirement
System (CaIPERS) two and seven tenths percent (2.7 %) at fifty -five (55) retirement
program to miscellaneous member employees. Effective July 1, 2011 the City will
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2077 Page 18
provide the California Public Employees' Retirement System (CaIPERS) two percent
(2.0 %) at fifty -five (55) program to miscellaneous member employees. Beginning
August 1, 2011, employees shall contribute 100% of the required member contribution.
i. The City will continue to provide the "one -year highest compensation" optional
provision in its contract with CaIPERS.
ii. The City will modify the CaIPERS Annual Cost -of- Living Allowance Increase
(Section 21335) to provide for a 2.0% annual maximum cost -of- living increase for
employees hired after December 31, 2007. Employees hired prior to December
31, 2007 shall be eligible for the 5.0% annual maximum cost -of- living allowance
increase as defined in Section 21335.
(b) New Employees Hired On or After January 1, 2013 Who Are New Members of the
CaIPERS System
i. Effective January 1, 2013, the City will provide the CaIPERS 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.
ii. 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 CaIPERS.
iii. 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 both presently and 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 obligations even if an
outside agency imposes or determines there to be a financial obligation for the City or
the employee.
(d) Benefits provided are subject to CaIPERS regulations and relevant law.
6.23 Dependent Care Assistance Program
City will continue to provide the Dependent Care Assistance Program (DCAP) as
authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars
for childcare as approved by the Internal Revenue Service (IRS) and the California
Franchise Tax Board.
6.24 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.
6.25 Hearing Aid Benefit
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 19
The City will reimburse employees up to eighty percent (80 %) with a lifetime maximum
of nine hundred dollars ($900.00) for medically required hearing aid devices.
7. Agency Shop and Payroll Deduction
7.1 Agency Shop
The RPEA members have approved agency shop pursuant to California Government
Code 3502.5 (c).
a) It is recognized that RPEA owes the same responsibilities to all employees in the
representation unit, and has a duty to provide fair and equal representation to all
employees in all classes.
b) Pursuant to Government Code Section 3502.5 (c), all current employees in the
representation unit , shall, as a condition of continued employment, and beginning
with the second full pay period after the effective date of this agreement, and until
the termination of the Agreement, either:
i. Become a member of RPEA; or
ii. Execute a written declaration that the employee is a member of a bona fide
religion, body, or sect which holds a conscientious objection to joining or
financially supporting any public employee organization as a condition of
employment; and pay a sum equal to the agency fee described below to a
non - religious, non -labor charitable fund chosen by the employee. The
employee shall furnish written proof to the City and RPEA that this
contribution has been made.
c) The condition of employment specified above shall not apply during periods of
separation from the representation unit by any such employee but shall reapply to
such employee commencing with the first full pay period following the return of the
employee to the representation unit. The term separation includes transfer out of
the unit, layoff, and leaves of absence with a duration of more than two full pay
periods. The condition of employment specified above shall not apply to newly hired
employees until the beginning of the third full pay period of employment.
d) All represented employee members who had Association dues deduction
authorizations on file with the Auditor - Controller or the Association, or who may
thereafter authorize in writing the deduction of their dues, shall remain on payroll
deduction for the term of this Memorandum of Agreement or so long as they are
members of the representative units. Members may terminate payroll deductions of
dues at the expiration of this Memorandum of Agreement by giving written notice to
RPEA during a one -month period between ninety (90) and sixty (60) days prior to the
expiration of the term.
7.2 Listing of Deductions
The RPEA shall provide the City Manager with a listing of deductions to be made from
represented employees. Said listing will remain in force until amended by RPEA in
writing. The Association will give the City at least thirty days advance written notice of
any changes in the amount of dues and agency fees to be deducted these amounts. In
addition, RPEA shall refund to the City any amounts paid to it in error upon presentation
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 20
of supporting evidence. RPEA will hold the City harmless for any liability or errors
resulting from errors on the listing provided by RPEA.
7.3 Hold Harmless
RPEA agrees to indemnify and defend the City, its officers, employees and agents and
hold it harmless against any and all suits, claims, demands and liabilities that shall arise
directly or indirectly out of any action that shall be taken or not taken or on behalf of
the City, its officers, employees and agents for the purpose of complying with the
foregoing sections.
8. Salaries & Miscellaneous Pay
8.1 Salary Adjustments
Ja) Effective the first full pay period in July 2014, all members shall receive a one-
time payment of three percent (3 %) of their base salary. This is non - pensionable.
(b) Effective the first full pay period in July 2015, all members shall receive a one-
time payment of three percent (3 %) of their base salary. This is non - pensionable.
(c) Effective the first full pay period in July 2016, all members shall receive a three
percent (3%) increase to base salary in pensionable compensation.
8.2 Bilingual Pay
The City and the RPEA have agreed that special compensation shall be given to certain
employees in the RPEA bargaining unit whom possess bilingual skills. That is, when the
City designates a position or person as bilingually proficient, such an employee in the
designation shall first demonstrate a language proficiency of job - related terminology
acceptable to the Supervisor and the City Manager. Thereafter, the employee shall be
entitled to bilingual pay at the rate of $100 per month. Said employee shall be subject to
re- testing. Bilingual designation shall be at the sole discretion of the City.
8.3 Paychecks
City shall distribute paychecks to employees by noon on payday.
8.4 Ratification Bonus
Upon ratification of this Agreement by RPEA and the City of Rohnert Park, the City shall
pay to each employee a ratification bonus of $500.00. This bonus will be paid in one
lump sum in the first full pay period for the fiscal year 2014/15. The ratification bonus is
taxable and all regular payroll taxes will be withheld unless deferred into a 457 account.
9. Alcohol and Drugs
The City and RPEA agree to continue to work together to assist any employee who has an
alcohol, or alcohol - related, drug or substance abuse problem. It is mutually acknowledged that
MOA- Rohnert Park Employees' Association . July 1, 2074 through June 30, 2017 Page 21
continued cooperative efforts would give employees a much better opportunity to recover
from this very serious 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.
9.1 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.
9.2 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.
9.3 Prescription Drugs
Employees using prescription drugs, which affect the employee's ability to work safely
must inform their supervisor and may be assigned to other appropriate duties or
required to take sick or annual leave.
10. Smoking
The City intends to hire employees with the clearly expressed condition of employment that
they refrain from smoking.
11. Grievance Policy and Procedure
City will comply with the grievance procedure as outlined in Resolution No. 79 -22, adopted
February 13, 1979, a copy of which is attached hereto. Failure to meet any time line or
specifically comply with any other requirement of the grievance procedure constitutes a
specific waiver and is a bar to further consideration of the grievance.
12. Use of City Facilities
Employees and their spouse, domestic partner, and eligible dependents (as defined in IRS Fact
Sheet FS- 2005 -7), will be allowed to participate with no fee imposed in open gym time and use
the weight room and locker room facility at the Sports Center when such facilities are open and
also participate in the Lap Swim Program conducted at the City's swimming pools. In the event
that the City determines that such use of the Sports Center by spouse, domestic partner, and
dependents of employees adversely impacts the public's access to the Sports Center facilities,
the parties will re -open this Section 12. Other activities requiring payment of a fee can be
discussed with the City Manager for consideration of a waiver of part or the entire fee.
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2077 Page 22
13. Management Rights
Except as limited in this Agreement and applicable State laws, the exclusive rights of the City
shall include, but not be limited to, the right to determine the organization of city government
and the purpose and mission of its departments and agencies, to determine the nature, levels
and mode of delivery and to set standards of service to be offered to the public; and through its
management officials to exercise control and discretion over its organization and operations; to
establish and effect administrative regulations which are consistent with law and the specific
provisions of this Agreement; to direct its employees and establish employee performance
standards and to require compliance therewith; to take disciplinary action; to discharge,
suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise
discipline employees subject to the requirements of applicable laws; to lay off its employees
whenever their positions are abolished, or whenever necessary because of lack of work or lack
of funds, or other legitimate reasons; to determine whether goods or services shall be made,
purchased, or contracted for; to determine the methods, means, and numbers and kinds of
personnel by which the City's services are to be provided; including the right to schedule and
assign work and overtime; and to otherwise act in the interest of efficient service to the City;
and to take all necessary actions to protect the public and carry out its mission in emergencies.
14. Work Curtailment (No Strike Clause)
Under no circumstances shall any employee individually or collectively cause, sanction, honor
or engage in any strike, sit -down, stay -in, sick -out, slow -down, speed -up, work to rule or any
other type of job action, curtailment of work, restriction of production or restriction of service
during the term of this Agreement.
15. Personnel Rules and Regulations
City agrees to meet and confer with RPEA on any updates or changes to the Personnel Rules &
Regulations.
16. Complete Understanding
The terms and conditions contained in this MOA represent the full, complete, and entire
understanding of the parties of matters within the scope of representation. -RPEA acknowledges
that certain provisions of this agreement may conflict with resolutions currently in effect
regarding employee working conditions or benefits. The provisions of this agreement supersede
any previous resolutions or agreements that may be in conflict with provisions of this
agreement as of the effective date of this agreement. During the term of this MOA, any side
letter between the parties is required to be signed by an authorized representative of RPEA and
the City Manager or his or her designee.
17. Term of Agreement
This Agreement shall become effective on July 1, 2014 through June 30, 2017 unless extended
by mutual agreement of the parties.
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 23
18. Succeeding Agreement
Negotiations for the period commencing July 1, 2017 shall begin on or before February 1, 2017,
by which time RPEA shall submit its proposals to the City Manager. Said submittal shall include
an estimated percentage decrease or increase in the cost of same compared to the provisions
of this Agreement. City shall, if requested, assist RPEA in a reasonable manner in providing
information to determine the percentage increase.
18.1 Suspension of Agreement
If during the term of this Agreement, any item or portion thereof of this Agreement is
held to be invalid by operation of any applicable law, rule, regulation, or order issued by
governmental authority or tribunal of competent jurisdiction, or if compliance with or
enforcement of the item or portion thereof shall be restrained by any tribunal, such
provision of this Agreement shall be immediately suspended and be of no effect
hereunder so long as such law, rule, regulation, or order shall remain in effect. Such
invalidation of a part or portion of this Agreement shall not invalidate any remaining
portion, which shall continue in full force and effect.
18.2 Replacement
In the event of suspension or invalidation of any article or section of this Agreement,
City agrees, that except in an emergency situation, to arrive at a satisfactory
replacement for such article or section.
19. Non - Discrimination
City acknowledges that in receiving the benefits afforded by this Agreement, no person shall in
any way be favored or discriminated against to the extent prohibited by law.
20. Personnel Files
An employees or his /her duly authorized representative has the right to inspect his or her
personnel file maintained by the City. Employees have the right to respond in writing to
anything contained or placed in their personnel file and any such responses shall become part
of the personnel file.
21. Employee Performance Evaluations - Employee Response
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.
22. RPEA Officers
The City agrees to authorize RPEA Officers up to forty (40) hours of paid leave per fiscal year to
be used only for Association business. The forty (40) hours of leave is the total amount in
aggregate and may be distributed among RPEA Officers. Officers shall notify and secure
permission from their supervisor for such leave.
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 24
CITY OF ROHNERT PARK
Darrin Jenkins, City Manager
By:
Joseph T. Callinan, Mayor
Resolution Number:
Attest:
JoAnne Buergler, City Clerk
Approved As To Form:
DATE
Michelle Marchetta Kenyon, City Attorney
ROHNERT PARK EMPLOYEES' ASSOCIATION
Angie Smith, Board Official
Rick Pedroncelli. Board Official
Dennis Wallach, RPEA Representative
DATE
DATE
DATE
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 25
Incorporated by Reference. The following are incorporated in this agreement by reference:
• Listing of RPEA job classes (Attachment "A ")
• Retiree Medical Insurance Table (Attachment "B ")
• City Council Resolution No. 79 -22, adopted February 13, 1979 - Grievance Policy and Procedure.
• City Council Resolution No. 80 -140, adopted August 11, 1980 - Regular PIT Employees' Fringe
Benefits.
• 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
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 26
CITY OF ROHNERT PARK
Attachment "A"
Alphabetical List of RPEA Job Titles
March 1, 2013
ACTIVE /BUDGETED
Accountant
Accounting Specialist I
Accounting Specialist II
Accounting Technician
Administrative Assistant
Animal Health Technician
Animal Shelter Supervisor
Community Development Assistant
Community Services Manager*
Community Services Program Coordinator
Community Services Specialist
Community Services Supervisor
Deputy Chief Building Official
Information Systems Operations Mgr.*
Information Systems Technician 1/11*
Management Analyst*
Office Assistant I
Office Assistant II
Planner III (Reg, P /T)
Public Safety Records Clerk
Public Works Inspector
Purchasing Agent
Records Supervisor*
Secretary I
Secretary II
Senior Engineering Technician
Technical Director
Theatre Manager*
*FLSA exempt job class.
INACTIVE /OBSOLETE OR NON - BUDGETED
Accountant /Auditor
Administrative Analyst*
Administrative Secretary
Animal Shelter Technician
Assistant Civil Engineer
Associate Planner
Building Inspector
Building Official
Civil Engineer
Customer Service Representative
Engineering Technician I
Engineering Technician 11
Evidence Specialist
Housing & Redevelopment Assistant
Housing & Redevelopment Manager
Housing & Redevel. Project Manager
Housing Services Assistant
Performing Arts Specialist
Project Manager
Property Technician
Public Safety Records Technician
Purchasing Assistant I
Purchasing Specialist
Records Clerk /Office Assistant I
Secretary II /Community Development Assistant
Senior Account Clerk Utilities
Utility Billing and Revenue Supervisor*
Utility Services Specialist
Youth Services Specialist
MOA- Rohnert Park Employees' Association . July 1, 2014 through June 30, 2017 Page 27
Attachment "B ": Retiree Medical Insurance Table
* *This Appendix only applies to Eligible Employees retiring under the 2013 -2014 MOA on or before December 31, 2014 **
PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/13 THROUGH 12/30/14
*10 - 19.99 years of service for permanently and totally disabled retirees and deceased employee
survivors only.
1
MOA- Rohnert Park Employees' Association . July 1, 2074 through June 30, 2017 Page 28
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
$888.18
*10 - 19.99 years of service for permanently and totally disabled retirees and deceased employee
survivors only.
1
MOA- Rohnert Park Employees' Association . July 1, 2074 through June 30, 2017 Page 28
A
Administrative Leave - Exempt Employees 5
Adoption Benefit • 11
Agency Shop and Payroll Deduction • 19
Alcohol
Off -Duty Hours • 21
Alcoholic Beverages and Other Drugs • 21
Alphabetical List of RPEA Job Titles • 26
Alternate Benefit • 10
Americans with Disabilities Act • 9
Annual Leave Program • 6
8
Bereavement Leave • 11
Bilingual Pay • 20
C
California Family Rights Act - 8
Call Back Overtime • 4
Catastrophic Leave • 8
D
Deferred Income Providers - 12
Dental Coverage • 10
Dependent Care Assistance Program 19
Disability Wage Program • See Annual Leave Program
E
Education and Training Reimbursement • 17
Educational Incentive Pay • 18
Employee Performance Evaluations
Employee Response • 24
F
Family Medical Leave Act • 8
FLSA exempt job class • 26
Fringe Benefit Programs 7
Funeral Expense Benefit 11
G
Grievance Policy and Procedure • 22
H
Health Care Tax -Free Dollar Account Program • 19
Health Insurance • 9
Hearing Aid Benefit • 19
Holidays • 5
Observed Holidays • 5
Holidays for Regular Part -time Employees • 6
Hours of Work • 4
L
Life Insurance Coverage • 12
Light or Limited Duty • 8
Longevity Pay • 17
Long -Term Disability Insurance • 12
M
Management Rights • 22
Maximum Compensatory Time • 4
Military Leave • 7
Modified duty • See light or limited duty
N
Non - Discrimination • 23
O
Observed Holidays • 5
Overtime Compensation Rate • 4
P
Paychecks •21
Payment to Beneficiary • 9
Personnel Files • 24
Personnel Rules and Regulations 22
Prescription Drugs • 21
R
Regular Part -time Employees
Holidays • 6
Regular Workday for Employees • 4
Regular Workweek for Employees • 4
Retiree medical insurance • 15
Retirement Programs • 18
RPEA Officers - Leave • 24
MOA- Rohnert Park Employees' Association . July 1, 2013 through June 30, 2014 Page 29
Salaries & Miscellaneous Pay • 20
Short -term disability insurance • 7
Sick Leave • See Annual Leave Program
Smoking • 21
Sports Center • See Use of City Facilities
Succeeding Agreement • 23
Suspension of Agreement • 23
Swimming pools • See Use of City Facilities
R
Term of Agreement • 23
Effective Date • 23
Termination Date • 23
V
Use of City Facilities • 22
r
Vacation leave • See Annual Leave Program
Vision Coverage • 11
MOA- Rohnert Park Employees' Association . July 1, 2074 through June 30, 2077 Page 30