2014/07/22 City Council Resolution 2014-092RESOLUTION NO. 2014 -092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING A MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION ( RPPSOA) FOR THE
PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2017
WHEREAS, on July 22, 2014, the City Council approved a Tentative Agreement on a
Three Year Proposal with the Rohnert Park Public Safety Officers' Association which had been
ratified by the membership of RPPSOA; and
WHEREAS, in accordance with the terms and conditions of the Tentative Agreement,
staff prepared a final Memorandum of Agreement with the RPPSOA that requires no further
approval by RPPSOA membership.
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 RPPSOA for the
Period of July 1, 2014 through June 30, 2017, which is attached hereto as Exhibit "A" and
incorporated herein 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 22nd day of July, 2014.
ATTEST:
CJ Anne Buergler, City Clerk r
CITY OF ROHNERT PARK
l
Joseph fkallinan, �Mayor
Exhibit A: Memorandum of Agreement with the Rohnert Park Public Safety Officers'
Association ( RPPSOA)
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MEMORANDUM OF AGREEMENT
Between
THE CITY OF ROHNERT PARK
and the
ROHNERT PARK PUBLIC SAFETY OFFICER'S ASSOCIATION
(RPPSOA)
EFFECTIVE JULY 11 2014 THROUGH .JUNE 301 2017
TABLE OF CONTENTS
Page
1.
Hours of Work ..................................................................................... ............................... 4
1.1
Regular Work Period for Employees ....................................... ...............................
4
1.2
Work Schedules ...................................................................... ...............................
5
1.3
Dispatchers Shift Rotation ...................................................... ...............................
5
1.4
Public Safety Officer Trainees ................................................. ...............................
5
1.5
Police and Fire Training Drills .................................................. ...............................
5
1.6
Breaks and Meal Breaks .......................................................... ...............................
6
1.7
Shift Changes ........................................................................... ...............................
6
1.8
FLSA Overtime ......................................................................... ...............................
7
1.9
Shift Change Day Light Savings Time ...................................... ...............................
7
1.10
Fire Division Schedule ............................................................. ...............................
7
1.11
Shift Sign- Up ............................................................................ ...............................
8
2.
Contract Overtime /Compensatory Time /Call- Out /Stand -by /Court Appearances............
8
2.1
Contract Overtime .................................................................. ...............................
8
2.2
Compensatory Time ................................................................ ...............................
9
2.3
Call -Out ................................................................................. ...............................
10
2.4
Stand- By .................................................................................. .............................10
2.5
Off -Duty Court Appearance Pay ........................................... ...............................
10
2.6
Overtime Cancellation .......................................................... ...............................
11
3.
Overtime
Calculation ........................................................................ ...............................
11
4.
Holidays
............................................................................................... .............................12
4.1
Observed Holidays ................................................................ ...............................
12
4.2
Holiday Pay ............................................................................ ...............................
13
4.3
Holiday Pay for Detectives .................................................... ...............................
13
4.4
Holiday Pay Rate ................................................................... ...............................
13
5.
Annual
Leave Program ...................................................................... ...............................
14
6.
Military Leave .................................................................................... ...............................
15
7.
Other
Fringe Benefits ........................................................................ ...............................
15
7.1
Fringe Benefit Administration ............................................... ...............................
15
7.2
Regular Part -Time Employees Fringe Benefits ..................... ...............................
15
7.3
Industrial Injury or Illness ...................................................... ...............................
15
7.4
Catastrophic Leave ................................................................ ...............................
16
7.5
Paternity Leave ..................................................................... ...............................
16
7.6
Family and Medical Leave ..................................................... ...............................
16
7.7
Light or Limited Duty ............................................................. ...............................
16
7.8
Americans with Disabilities Act ............................................. ...............................
-i-
16
n
10
TABLE OF CONTENTS
(continued)
Page
7.9
Payment to Beneficiary ......................................................... ...............................
16
7.10
Health Plan Coverage ............................................................ ...............................
17
7.11
Dental Coverage .................................................................... ...............................
18
7.12
Vision Coverage ..................................................................... ...............................
19
7.13
Adoption Benefit ................................................................... ...............................
19
7.14
Bereavement Leave .............................................................. ...............................
20
7.15
Funeral Expense Benefit ....................................................... ...............................
20
7.16
Long -Term Disability Insurance ............................................ ...............................
20
7.17
Life Insurance ........................................................................ ...............................
21
7.18
Deferred Income ..................................................................... .............................21
7.19
Retired, Deceased and /or Permanently and Totally Disabled Employees..........
21
7.20
Clothing Allowance ............................................................... ...............................
29
7.21
Education and Training ......................................................... ...............................
30
7.22
Longevity and Incentive Pay (P.O.S.T., Detectives, Motor Officers) ....................
30
7.23
Retirement Program ............................................................. ...............................
32
7.24
Dependent Care Assistance Program ................................... ...............................
34
7.25
Health Care Tax -Free Dollar Account Program ..................... ...............................
34
7.26
Off -Duty Employment ........................................................... ...............................
34
7.27
Reinstatement /Specialty Position ........................................ ...............................
34
Agency Shop and Payroll Deductions ............................................... ...............................
35
8.1
Agency Shop .......................................................................... ...............................
35
8.2
Deductions ............................................................................ ...............................
36
8.3
Listing of Deductions ............................................................. ...............................
36
8.4
Hold Harmless ....................................................................... ...............................
36
8.5
Bargaining Unit Work ............................................................ ...............................
36
SafetyEquipment
.............................................................................. ...............................
37
9.1
Replacement Equipment ...................................................... ...............................
37
9.2
Personal Equipment .............................................................. ...............................
37
9.3
UV Eye Protection (Sunglasses) ............................................ ...............................
37
Salaries & Miscellaneous Pay ............................................................ ...............................
38
10.1
(a) Salary Adjustments ....................................................... ...............................
38
(b)
Ratification Bonus ...................................................................... ...............................
38
10.2
Monthly Salary Schedule ...................................................... ...............................
38
10.3
Incentive Pay or Acting Pay ................................................... ...............................
38
10.4
EMT Pay ................................................................................ ...............................
43
10.5
Payday ..................................................................................... .............................43
10.6
Shift Differential .................................................................... ...............................
43
10.7
Bilingual Pay ............................................................................ .............................43
-ii-
11
12
13
14
15
16
17
18
19
20
21
22
23.
24.
25.
26.
TABLE OF CONTENTS
(continued)
Page
10.8 Master Officer Program ........................................................ ............................... 44
10.9 Fire Marshal Pay .................................................................... ............................... 45
Alcoholand Drugs ............................................................................. ............................... 45
11.1 Alcoholic Beverages or Other Drugs ..................................... ............................... 45
11.2 Off -duty Hours ...................................................................... ............................... 45
11.3 Prescription Drugs ................................................................. ............................... 46
11.4 Special Assignments .............................................................. ............................... 46
Physical and Psychological Fitness .................................................... ............................... 46
12.1 Physical Fitness ..................................................................... ............................... 46
12.2 Fitness Program .................................................................... ............................... 46
12.3 Psychological Fitness ............................................................. ............................... 47
12.4 Psychological Counseling ........................................................ .............................47
Smoking............................................................................................. ............................... 47
13.1 Employees Hired After July 1, 1993 ...................................... ............................... 47
Grievance Policy and Procedure ....................................................... ............................... 47
Use of Sport Center and Lap Swimming Program ............................ ............................... 48
ManagementRights .......................................................................... ............................... 48
Work Curtailment (No Strike Clause) ................................................ ............................... 49
Personnel Rules and Regulations ...................................................... ............................... 49
CompleteUnderstanding .................................................................. ............................... 49
Termof Agreement ........................................................................... ............................... 50
SucceedingAgreement ..................................................................... ............................... 50
Invalidation....................................................................................... ............................... 50
22.1 Suspension of Agreement ..................................................... ............................... 50
22.2 Replacement ......................................................................... ............................... 50
Non - Discrimination ........................................................................... ............................... 50
PersonnelFiles .................................................................................. ............................... 51
Employee Performance Evaluations ................................................. ............................... 51
NoContracting Out ........................................................................... ............................... 51
MEMORANDUM OF AGREEMENT
The City of Rohnert Park (City) recognizes the Rohnert Park Public Safety Officers' Association
( RPPSOA) as the labor bargaining and representation unit for Public Safety Sergeants, Public
Safety Officers, Fire Marshal, Public Safety Dispatchers, Communications Supervisor,
Community Services Officers, Part -Time Dispatchers, and Public Safety Officer Trainees.
Pursuant to Government Code Section 3500 et seq., the representatives of the RPPSOA and the
representatives of the City have met and conferred and hereby submit their joint
recommendation for salary and benefit compensation for all members of the bargaining unit.
Public Safety Officer Trainees are included in this Memorandum of Agreement with limited
terms and conditions only as specified herein.
1. Hours of Work
1.1 Regular Work Period for Employees
(a) The FLSA work period for all sworn personnel assigned to the Police Division
and for the Fire Marshal, consists of 28 days. The FLSA work period for all
sworn personnel assigned to the Fire Division, except for the Fire Marshal,
consists of 27 or 24 days. The FLSA work period for all non -- sworn employees
consists of 7 days.
(b) Due to the differences in Work Schedules in Section 1.2 (shift structures and
FLSA work periods), actual hourly rates for sworn personnel assigned to the
Fire Division may be reduced, as pay for sworn personnel assigned to the Fire
Division will be adjusted in such a manner so that the agreed upon monthly
wages for each step in any class will be met. This will not result in any
reduction in the regular rate of pay for sworn personnel assigned to the Police
Division. This adjustment maintains pay parity between the Police and Fire
divisions.
(c) In order to provide public safety services to the community at all times
during the day, the City will establish shifts. The City retains the authority to
determine the regular start and end times and days of shifts.
(d) An employee may petition their supervisor, the management designee or the
Director of Public Safety, in that order, for dispensation from mandatory
overtime on the basis of hardship or other unusual circumstances.
►N
1.2 Work Schedules
Four (4) consecutive work days of ten (10) consecutive hours followed by three
(3) consecutive days off; or twelve (12) hour shifts for patrol personnel as
described in Exhibit X consisting of three [3] consecutive work days of twelve
[12] consecutive hours followed by four [4] consecutive days off followed by four
[4] consecutive work days of twelve [12] consecutive hours followed by three [3]
consecutive days off, with an employee receiving an eight [8] hour "payback"
once every FLSA work period shall constitute the primary workweek for all
employees of the bargaining unit, except those assigned to the Fire Division on
the Kelly Plan or "2x4" Schedules, and Public Safety Officer Trainees. Under
special or unusual circumstances, alternate workweeks can be implemented by
the Director of Public Safety through a side - letter agreement with the RPPSOA
following a Meet and Confer Process. Such side - letter agreements shall contain
a specific expiration date and shall not establish precedent for future cases. The
established work cycle shall commence at 12:01 a.m. on Sunday.
1.3 Dispatchers Shift Rotation
Shifts will be rotated among dispatchers in time intervals at the discretion of
the Director of Public Safety.
1.4 Public Safety Officer Trainees
Public Safety Officer Trainees' hours of work generally will be to attend and
participate in the Basic Police Academy. City reserves the right to make
additional work assignments.
1.5 Police and Fire Training Drills
Public Safety Sergeants, Public Safety Officers, and Community Service Officers
are required to participate in police or fire training drills unless on approved
leave or previously excused in writing by the Director of Public Safety.
Sworn employees participating in training drills during a scheduled shift shall
be paid at his /her hourly rate of pay in the Division of their shift
assignment. If training does not occur during the employee's scheduled shift,
the employee will be paid at the overtime rate of pay calculated at the
employee's regular rate of pay utilizing the Police Division base pay and all
applicable premiums.
5
For training not scheduled during the employee's scheduled shift, the
Department will notify an employee by 1700 hours the previous business day if
his /her training is cancelled. Notification of an employee's training cancellation
will be accomplished via the text pager system and Department voice mail
system. An employee is required to check his /her Department voice mail at
1700 hours the previous business day to the training to check if the training is
cancelled. When the training is cancelled by 1700 hours the previous business
day, the employee receives no compensation. When an employee's training is
cancelled after 1700 hours the previous business day to the training, the
employee is entitled to two (2) hours compensation at the overtime rate as
described in Section 3.
1.6 Breaks and Meal Breaks
Public Safety Sergeants, Public Safety Officers, and Community Services Officers
are allowed two (2) fifteen (15) minute breaks and a thirty (30) minute paid
meal break during assigned shift, but work assignments are priority and
paramount and City is not obligated or liable in any manner for meal time or
breaks not taken.
Dispatchers will be allowed a thirty (30) minute paid meal period during the
shift, however work assignments are priority and paramount and City is not
obligated or liable in any manner for meal periods not taken. Dispatchers are
encouraged to remain on the work site during their entire work shift.
1.7 Shift Changes
(a) Employees shall receive at least seventy -two (72) hours (three (3) calendar
days) notice. of involuntary shift changes for assignments of thirty (30) days or
less, except in instances of emergency declared by the Director of Public Safety
or an injury to an employee, which, in the City's opinion, necessitates a shift
change.
(b) Employees shall receive at least one - hundred and sixty -eight (168) hours
(seven (7) calendar days) notice of involuntary shift changes for assignments in
excess of thirty (30) days, except in instances of emergency declared by the
Director of Public Safety or an injury to an employee, which, in the City's
opinion, necessitates a shift change.
no
(c) All work performed as the result of a shift change with less notice than
required in (a) or (b) above shall be compensated at the overtime rate until
the employee resumes his /her regular shift or the seventy -two (72) hour or
one - hundred sixty -eight (168) hour required notice period has expired,
whichever occurs first. Regular shift as used here means the employee's
normal hours worked prior to the shift change.
1.8 FLSA Overtime
Any sworn employee assigned to the Police Division who works more than
one hundred seventy one (171) hours during any twenty -eight (28) day work
period, and any sworn employee assigned to the Fire Division who works
more than the hours per designated work period permitted by the Fair Labor
Standards Act shall be paid at time and one -half his /her regular rate of pay
for each hour of work performed in excess of these legally defined maximums.
Any civilian employee who works more than forty (40) hours during any
seven (7) day work period shall be paid at time and one -half his /her regular
rate of pay for each hour performed in excess of this legally defined
maximum. Overtime payments shall be calculated at the end of each work
period, and shall be paid promptly. The paychecks provided to sworn
members working the Kelly Plan or "2x4 "schedule described below in Section
1.10 will regularly include a specific amount of FLSA overtime per work
period as required by the schedule, and only overtime in excess of that
amount will be calculated and paid at the end of each work period. All hours
in paid status shall count as "hours worked" in calculating FLSA overtime.
1.9 Shift Change Day Light Savings Time
For shifts worked on the dates on which Day Light Savings Time is adjusted,
overtime will be paid for extra time worked if the City prolongs the shift as a
result of changing the clock. There shall be no deduction in pay if the City
shortens the shift as a result of changing the clock.
1.10 Fire Division Schedule
An adequate number of teams, consisting of no fewer than two (2) RPPSOA
members (Sergeants and PSOs) each will work either a 24 -hour Kelly Plan or
2x4 schedule to provide minimum round the clock staffing of two (2) or
more PSO staffed fire stations. The City reserves the right to implement
modified staffing in the event of a declared emergency situation.
7
(a) Under the Kelly plan, the work period is a 27 -day period. Each team is
scheduled for nine (9) 24 -hour shifts during the 27 day work period. FLSA
overtime will be paid for hours worked in excess of 204 hours for that work
period, as provided for in Section 1.7 above.
(b) Under the 2x4 schedule, the work period is a 24 -day period. Each team is
scheduled for eight (8) 24 -hour shifts during the 24 day work period. The
pattern of the 2x4 schedule is to work 48 consecutive hours followed by 96
hours off. FLSA overtime will be paid for hours worked in excess of 182
hours for that work period, as provided for in Section 1.7 above.
(c) RPPSOA members working the Kelly Plan will receive 162.36 hours of FLSA
overtime per year. This overtime pay can be credited as comp time earned.
This determination will be made solely at the discretion of the employee.
This provision is subject to the limitations in Section 2.2 governing compensatory
time.
(d) RPPSOA members working the 2x4 schedule will receive 10 hours of FLSA
overtime per 24 -day work period. This overtime pay can be credited as comp
time earned. This determination will be made solely at the discretion of
the employee. This provision is subject to the limitations in Section 2.2
governing compensatory time.
(e) Use of annual leave, sick leave, and related benefit time off for employees
regularly assigned to the Fire Division shall be computed by a ratio of 0.71.
1.11 Shift Sign -Up
Patrol shift sign -ups will occur twice a year, generally once during the month
of February and once during the month of August. Sign -ups for all shifts will
be done by seniority basis by time in grade except when, on a person by
person basis, the Director determines a need to do otherwise.
2. Contract Overtime /Compensatory Time /Call- Out /Stand -by /Court Appearances
2.1 Contract Overtime
(a) City agrees that contract overtime (which includes both non -FLSA overtime, and
all FLSA overtime except regularly scheduled overtime resulting from the Kelly
Plan or the 2x4 work schedule) will be calculated as described in Section 3,
and paid under any of the following circumstances:
(i) Work hours over the normal number of hours worked in a single workday
(See Section 1.2).
(ii) Work hours of a workday beyond the normal number of workdays in the
employee's regular work schedule (See Section 1.2).
(iii) All hours in paid status shall count as "hours worked" in calculating
Contract overtime.
(b) Dispatchers in a part -time status shall receive compensation for all hours worked
over ten (10) hours in a shift at time and one -half the employee's regular rate of
pay.
(c) That compensation as described in Section 1.5 will be paid for all mandated
fire drills conducted during employee's off -duty hours.
(d) Compensation for off -duty full -time employees required to answer the fire
service alarm shall be as described in Section 3 with a minimum of three (3)
hours call -out pay.
(e) For Public Safety Officer Trainees Only- Overtime shall be paid in accordance with
all applicable State and Federal laws.
(f) All hours of authorized leave (e.g. Annual Leave, Sick Leave, Compensatory
Time Off, Bereavement Leave, Paternity Leave, Family Leave, etc.) shall count
as "work hours" and "hours worked" in calculating Contract Overtime.
2.2 Compensatory Time
(a) That a maximum of one hundred and forty (140) hours of compensatory time off
may be accrued by mutual agreement of the employee and Director of Public
Safety.
(b) An employee may accrue compensatory time for overtime worked, rather than
being paid for the overtime. All compensatory time accrued after the adoption of
this MOA will be recorded in the police compensatory time bank, regardless of
assigned home division.
(c) The City, at its sole option, may pay off up to seventy -five percent (75 %) of the
accrued compensatory time. Employees, at their sole option, may be paid for
accrued compensatory time.
7
(d) An employee must request the use of compensatory time off in writing to
his /her direct supervisor, who will provide a written response within 24 hours,
granting or denying the specific request. A supervisor may not approve a request
from a sworn employee to use compensatory time off in the event granting the
request would require the City to fill the employee's shift on an overtime basis. If
the request is denied, the sworn employee may resubmit the request for
another date. The sworn employee will be provided the opportunity to utilize
the requested compensatory time off within one (1) year of the date of the initial
request, or the City will pay out the requested amount of compensatory time at
the end of the calendar year in which the request was made.
2.3 Call -Out
That call -out for any City Public Safety function during off -duty periods shall
be compensated as described in Section 3 with a minimum of three (3) hours
call -out pay. Call -out time shall include reasonable travel time to and from
the employees' residence, appearance in court in response to a subpoena in
their off -duty time or other official hearings on City of Rohnert Park business.
Extension of shifts, at the beginning or end, will not be considered call -out
duty, specifically, thirty (30) minutes before or fifteen (15) minutes after the
employee's regular shift.
2.4 Stand -By
(a) That whenever stand -by is mandatory, employees will be compensated as
described in Section 3 for each hour of stand -by, unless otherwise mutually
agreed to by the employee and representative of the City.
(b) That no on -call restrictions or limitations are placed on employees on their
off -duty time unless specifically required or agreed to by employee.
2.5 Off -Duty Court Appearance Pay
Employees required appearing in court on City business during off -duty hours
shall receive a minimum of three (3) hours pay at the overtime rate of pay as
described in Section 3, or overtime compensation as described in Section 3
for the actual hours worked, whichever is greater.
An employee shall only be considered on -duty for that time that he /she is
actually at court or activities related to court appearances.
10
The Department will notify an employee by 1700 hours the previous business
day if his /her court appearance is cancelled.
Notification of an employee's court appearance cancellation will be
accomplished via the text pager system and Department voice mail system.
An employee is required to check his /her Department voice mail at 1700
hours the previous business day to the court appearance to check if the
court appearance is cancelled.
When the court appearance is cancelled by 1700 hours the previous business
day, the employee receives no compensation.
When an employee's court appearance is cancelled after 1700 hours the
previous business day to the court appearance, the employee is entitled to
two (2) hours compensation at the overtime rate as described in Section 3.
2.6 Overtime Cancellation
The Department will notify an employee 12 hours prior to a scheduled overtime
shift if his /her scheduled overtime shift is cancelled. Notification of an
employee's scheduled overtime shift cancellation will be accomplished via the
text pager system and Department voice mail system. An employee is required
to check his /her Department voice mail 12 hours prior to the scheduled overtime
shift to check if the overtime shift is cancelled. When the scheduled overtime
shift is cancelled by 12 hours prior to the overtime shift, the employee receives
no compensation. When an employee's scheduled overtime shift is cancelled
less than 12 hours prior to the start of the overtime shift, the employee is
entitled to two (2) hours of compensation at the overtime rate as described in
Section 3.
3. Overtime Calculation
Overtime worked by an employee shall be calculated at the employee's regular rate
of pay utilizing the Police Division base pay and all applicable premiums.
11
4. Holidays
4.1 Observed Holidays
Employees will receive the following thirteen and one -half (13 1/2) holidays
annually, specifically:
"New Year's Day,"
The third Monday in January, "Martin Luther King, Jr. Day,"
Friday proceeding "President's Day',
T h e third Monday in February, "President's Day,"
The last Monday in May, "Memorial Day,"
"Independence Day,"
The first Monday in September, "Labor Day"
"State Admission Day,"
The second Monday in October, "Columbus Day,"
"Veteran's Day,"
The fourth Thursday in November, "Thanksgiving Day,"
Day after "Thanksgiving
12:00 Noon to 5:00 p.m. on Christmas Eve
"Christmas Day,"
Every day proclaimed by the President, Governor or Mayor of the City as a
public holiday and made applicable to City employees.
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.
Employees in the job class of Fire Marshal shall observe the listed holidays as
non - working days, and shall not be eligible for any in -lieu holiday pay as
described in subsequent sections 4.2 through 4.4. Should the Director of
Public Safety, at his /her discretion, require that an employee in the job class
of Fire Marshal work on a listed holiday, the holiday hours shall be banked at
straight time for future use during the fiscal year as a paid day off, to be
taken as mutually agreed between the employee and his /her supervisor.
12
4.2 Holiday Pay
Holiday Pay will be paid twice a year, on the first pay period in June and first
pay period in December to those employees required to work holidays for the
holidays worked. Employees can be required to work as scheduled without
any reference to holidays. Holiday pay will be calculated on a straight time
basis and compensated at the rate of up to ten (10) hours only. City agrees
that taxes withheld for Holiday Pay checks will be annualized to reduce the
tax impact on individual checks. Regular part -time employees will be paid
holiday pay based on their designated pro -rata weekly work schedule.
4.3 Holiday Pay for Detectives
Except upon the approval of the Director of Public Safety, PSOs assigned to
the Detective Division, shall not be authorized to work and shall not be paid
Holiday Pay for the following four (4) holidays annually, specifically:
1. New Year's Day
2. Thanksgiving
3. Day after Thanksgiving
4. Christmas
PSOs assigned to the Detective Division may, at their option, volunteer to
take -off any remaining City designated holidays. Said employees will notify
City by January 15th of each year the designated holidays they anticipate
working.
4.4 Holiday Pay Rate
All compensation paid to sworn employees due to the holidays identified
above shall be based upon the employee's regular rate of pay in the Police
Division.
13
5. Annual Leave Program
(a) Effective July 1, 2011 employees shall accrue the following Annual Leave:
Length of Service
Monthly
Annual Leave Hours
Yearly
Annual Leave Hours
0 to 2 years
13.167 Hours
158 Hours
3 to 5 years
14.5 Hours
174 Hours
6 to 10 years
16.5 Hours
198 Hours
11 to 15 years
18.5 Hours
222 Hours
16+ years
19.83 Hours
238 Hours
(b) 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. 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 CalPERS regulations
and procedures.
(c) Effective July 1, 2011, employees shall not accrue vacation. All existing
accumulated vacation shall be converted to Annual Leave.
(d) 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 consistent with the City's Personnel Rules if
there is a demonstrable pattern of abuse.
(e) Effective July 1, 2012, 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.
(f) Accumulated annual leave shall be converted to cash at the Police hourly rate
upon separation from City service. The cash value of the accumulated leave for
sworn personnel will be based upon the employee's regular rate of pay in the
Police Division.
(g) Preference for leave scheduling will be on the basis of seniority within
classification and /or as has been past practice.
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(h) The City will provide a short term disability insurance program which includes
income replacement of 60% and benefits coordination to employees.
(i) Employees who are off work on a paid leave shall accrue annual leave and
maintain all other benefits to the extent consistent with the City's existing
Personnel Rules, with any changes to the City's Personnel Rules subject to
meet and confer.
(j) During the term of this Agreement, the parties agree to form an advisory
committee to explore mutual benefits of restoring the paid leave accruals in
effect prior to July 1, 2011, wherein RPPSOA members accrued separate
vacation and sick leave banks.
6. Military Leave
The City grants military leave and 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.
7. Other Fringe Benefits
7.1 Fringe Benefit Administration
City reserves the right to select the insurance carrier(s) or to self- administer any
of the fringe benefit programs provided during the term of this 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.
7.2 Regular Part -Time Employees Fringe Benefits
Regular part -time employees' fringe benefits shall be as provided in City
Council Resolution No. 80 -140, adopted August 11, 1980, a copy of which is
attached hereto.
7.3 Industrial Injury or Illness
Benefits for bargaining unit members who at any time during their employment
with the City have been classified as safety members may be eligible under
Section 4850 of the California Labor Code and /or City policies for job - related
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injuries or illness. Sick leave and /or annual leave shall not be used for industrial
injury or illness under Section 4850.
7.4 Catastrophic Leave
Leave benefits shall be provided as outlined in City Council Resolution No.
2001 -270, adopted December 11, 2001 - Catastrophic Leave.
7.5 Paternity Leave
Regular employees may use up to three (3) days accrued sick leave or annual
leave for paternity leave, following the birth of a child.
7.6 Family and Medical Leave
Employees may request an unpaid leave of absence under the California Family
Rights Act (CFRA) and /or the Federal Family Medical Leave Act (FMLA).
Employee request for leave shall comply with the requirements of the CFRA
and /or the FMLA.
7.7 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 slightly from the normal work duties of the employee
but shall be duties substantially within the scope of those normally performed
by other employees with the same job classification. Such light or limited duty
assignment shall not affect the employee's job classification or retirement
status (i.e. Safety vs. Non - Safety Retirement). Such light, limited, or modified
duty shall terminate when the employee is physically able to perform all his /her
normal work duties.
7.8 Americans with Disabilities Act
The City and RPPSOA recognize that the City has an obligation under law to
comply with the Americans with Disabilities Act (ADA).
7.9 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
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absence of a spouse or beneficiary, any unused vacation and compensatory
time shall be paid to the primary beneficiary specified by the employee on
the employee's enrollment /beneficiary card for City - provided Life Insurance.
7.10 Health Plan Coverage
The City shall provide the insurance programs described in this Section.
Pursuant to Section 7.1, 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.
(a) Health Insurance
The City shall offer employees and their eligible dependents, a health
insurance program under the terms set forth below:
(i) 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)
$1,327.00
$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
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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 shall 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. Public Safety Officer Trainees shall
be excluded from receiving an Alternate Benefit. City and RPPSOA agree to
meet and confer regarding a revised Alternate Benefit program.
(c) 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.
7.11 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 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 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 (e.g., employee, spouse /domestic
partner, dependents) per year for the following benefits:
is
(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) Eight -five percent (85) of the cost of the 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.
7.12 Vision Coverage
The City shall offer employees and their eligible dependents, a vision 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 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.
(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
framed lenses referenced above.
7.13 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 stepchildren, i.e. children
of present spouse.
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7.14 Bereavement Leave
(a) A regular employee shall be paid up to thirty (30) hours for non -sworn
personnel and thirty -six (36) hours for sworn personnel of bereavement leave
when there is a death in their immediate family.
(b) Additionally, a regular employee may, subject to approval of the department
head, use twenty (20) hours of the employee's accrued sick leave (or annual
leave if the employee maintains no sick leave) if the employee must travel out
of the area, i.e. at least 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,
grandparents -in -law, grandchildren and relationships in loco - parentis and close
personal relationships with the approval of the City Manager and or his /her
designee.
7.15 Funeral Expense Benefit
The City will provide fifty percent (50 %) co- payment, not to exceed $2,000,
for funeral expenses for an employee or the employee's spouse. 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.
7.16 Long -Term Disability Insurance
(a) Employees represented by this Agreement will obtain his /her long -term
disability insurance coverage from a private PORAC sponsored long -term
disability program.
(b) The City agrees to collect monthly insurance premiums from employees for
private PORAC sponsored long -term disability plan and remit the collected
premium to Myers — Stevens & Company. The City will accomplish collection of
insurance premiums by monthly deductions from the employee's paycheck. All
employees represented by this Agreement must have a signed insurance
premium deduction authorization form on file with the City's payroll office.
RPPSOA will hold the City harmless from any liability or errors resulting
from the collection and remittance of insurance premiums.
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(c) Employees represented by this Agreement shall join and maintain his /her
long -term disability insurance with the private PORAC sponsored long -term
disability program, subject to the provisions of the insurance plan.
(d) RPPSOA agrees to indemnify the City, its officers, employees and agents and
hold it harmless against any and all suits, claims demands and liability that
shall arise directly or indirectly out of any action that shall be taken by the
City, its officers, employees and agents from the discontinuance of the long-
term disability plan provided by Standard Insurance, for permitting employees
represented by this Agreement to establish a private long -term disability
insurance plan and pay for it individually through payroll deduction and for
complying with the foregoing sections.
7.17 Life Insurance
(a) The City will provide, at no premium cost to employees, $50,000 life insurance
coverage provided to employees and $1,000 for spouse, domestic partner and
dependents, and which coverage includes accidental death and dismemberment
benefits.
(b) The City will allow, subject to the insurance carrier's approval, any employees to
purchase, at their own cost, additional life insurance coverage under the City's
group program.
7.18 Deferred Income
(a) The City will continue to make available to the employees a deferred income
program, such as that now being administered by Nationwide Retirement
Solutions and ICMA or a similar program with another institution acceptable to
City.
7.19 Retired, Deceased and /or Permanently and Totally Disabled 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 CaIPERS.
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(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) "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 entitled, when eligible, to receive a retirement allowance from
CalPERS. Employees Hired on or After July 1, 2007 are entitled to the retiree
health benefit set forth in Section 7.19 — 4 below.
(d) "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.
2. Retirement Medical Benefit For Employees Hired Prior to July 1, 2007
This section does not apply to any Eligible Employee electing the Alternate
Retiree Medical Benefit option in Section 7.19 -3. The language in this section has
been revised from that contained in the previous MOAs between the City and
the Association for the purposes of administrative clarification, and does not
represent a change in benefits provided. Retiree insurance contribution formulas
will be maintained at the same level as provided at the time of retirement.
(a) The City agrees to provide /offer and pay insurance premium contribution as
specified:
(i) To Eligible Employees who retire effective on or before December 31,
2014 and have at least fifteen (15) years of Continuous City Service and
who retire upon reaching retirement age or thereafter and are receiving
a retirement allowance from CalPERS, the City will make a medical
insurance premium contribution toward the applicable early retirement
22
premium or Medicare - eligible premium as outlined in the attached
Appendix A "Insurance Premium Contribution Rate Schedule." To
Eligible Employees who have at least fifteen (15) years of Continuous City
Service with the City and retire after December 31, 2014, the City will
make a medical insurance premium contribution toward the applicable
early retirement premium or Medicare - eligible premium as outlined in
the attached Appendix A -1 "Insurance Premium Contribution Rate
Schedule for Employees that Contribute 50% of the Normal Cost."
Coverage will extend to one eligible dependent. Said employees shall be
referred to as "Retired Employees."
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.
(iii) Calculation of premium will be prorated for regular, part -time employees.
(iv) Employees must retire concurrent with termination of service with the
City to be eligible for this benefit (no vesting).
(v) The City's share of the premium costs for all retirement benefits as
described herein shall not exceed the amount described in the attached
Appendix A "Insurance Premium Contribution Rate Schedule," or
Appendix A -1 "Insurance Premium Contribution Rate Schedule For
Employees that Contribute 50% of the Normal Cost" and shall not include
payment of Medicare B premiums.
(vi) To help defray the costs of retirement medical benefits described above,
effective the first full pay period that begins on or after August 1, 2014,
Eligible Employees that have not elected to participate in the "Alternate
Retirement Medical Benefit Option" provided in Section 7.19 -3 below
and have not provided the City with written notice of their intent to
retire effective on or before December 31, 2014, shall contribute fifty
percent (50 %) of the normal cost of their respective benefit throughout
the course of his or her remaining employment, including all periods the
individual is not actively providing service to the City.
(1) The parties have calculated fifty percent of the current normal cost
to be $3,932.00 per year (payable in 26 equal payments of $151.23).
An Eligible Employee who maintains his /her existing benefit will pay
$151.23 per pay period on a pre -tax basis beginning with the first full
pay period that begins on or after August 1, 2014. These
contributions will be irrevocable and deducted from an employee's
bi- weekly paycheck on a pre -tax basis and will end upon retirement.
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An Eligible Employee who maintains his /her existing benefit may not
thereafter withdraw this election for any reason, including actual
financial hardship. In addition, no employee will be entitled to
receive a refund of these monies for any reason. Any Eligible
Employee who leaves City employment and does not retire from the
City will forfeit his or her choice of this benefit. The normal cost
calculation will be revised with the City's next GASB 45 Actuarial
Valuation prepared by the City's actuarial expert utilizing the same
discount rate as adopted by the City in its July, 1, 2013 GASB 45
Actuarial Valuation.
(2) Insufficient Paycheck Funds for Deduction of Required Contribution.
Since the cost sharing contribution is mandatory for Eligible
Employees that maintain their existing benefits, the employee's
obligation to make the contribution does not end when he or she is
on a paid or unpaid leave of absence or in any status where there are
insufficient funds available in his or her paycheck to cover this
contribution after other mandatory deductions have been taken
subject to applicable federal tax laws. The employee will be required
to make -up any deficiency in cost sharing contributions by a lump
sum pre -tax deduction from his or her paycheck within sixty (60)
days after the date the employee has sufficient funds to pay the
required contributions through payroll, or, if this lump sum payment
is not made during this time frame, the City will deduct double the
normal deduction amount from each paycheck on a pre -tax basis
until all missed contributions are paid in full. If the employee retires
from City employment without having paid all mandatory cost
sharing contributions, the employee will forfeit the benefit.
(vii) The cost sharing provisions of paragraph (vi) shall not apply to members
who provide written notice of their intent to retire effective on or before
December 31, 2014; such employees will be subject to the benefits
provided in Section 7.19 and Appendix A "Insurance Premium
Contribution Rate Schedule."
(b) To regular full -time or regular part -time employees who are hired before June
30, 2007 who are permanently and totally disabled from their occupation and
unable to perform with reasonable continuity the material duties of their own
occupation and who are retired forth with from the City of Rohnert Park service
into CaIPERS at the time of permanent or total disability. The City will make a
24
medical insurance premium contribution toward the applicable early retirement
premium or Medicare - eligible premium as specified for:
(i) Employees who are hired after July 1, 1993 and before June 30, 2007
and are classified as Safety Members under CalPERS; and who have at
least two (2) years of continuous service with the City and who
receive an industrial disability retirement. The City agrees to pay towards
premium cost(s) for City provided /offered medical insurance, life
insurance, dental program, and vision care benefits only, fifty percent
(50 %) of applicable premium cost(s), at the time of industrial
disability retirement. Coverage will extend to eligible dependents.
(ii) Employees who have at least ten (10) years of continuous service with
the City and who retire due to a permanent and total disability. The
City will make a medical insurance premium contribution toward the
applicable early retirement premium or Medicare - eligible premium as
outlined in the attached "Appendix A -1: Insurance Premium Contribution
Rate Schedule for Employees that Contribute 50% of the Normal Cost"
Calculation of premium will be prorated for regular, part -time
employees. The City's share of the premium costs for all retirement
benefits as described herein shall not exceed the amount described in
the attached Appendix A -1, and shall not include payment of
Medicare B premiums. Coverage will extend to eligible dependents.
(1) Total disability will be construed as having a disability rating in
excess of fifty percent (50 %) as determined by Public Employees
Retirement System.
(2) 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.
(3) Said employees shall be referred to as "Retired Employees" except
for the circumstance noted above in which the employee is no longer
permanently and totally disabled.
(iii) 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
25
more years of continuous service with the City, said employee shall be
referred to as a "Deceased Employee."
(iv) Except as provided above in section 7.19 — 2.(b)(ii)(2), the City agrees to
provide /offerand pay to regular full -time or regular part -time employees
hired before June 30, 2007, 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.
(v) Benefits provided under this section shall be coordinated with Medicare,
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.
(vi) All benefits provided under this section are subject to the characteristics
of each individual benefit program. The life insurance to be provided will
be the life insurance plan amount in effect and in accordance with the
provisions of the life insurance program as of the date of employee's
retirement.
(vii) The benefits provided under this section 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 partner until the spouse or domestic partnerdies,
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.
(viii) Continuous City service is defined as being continuous regular full -time or
regular part -time City employment only for calculating length of
continuous service under this section. Part -time (non- benefited)
employment and approved unpaid leaves will not be used in
calculating length of continuous service under this section. Any
separation from City employment will void any previous accrual towards
length of continuous, service for purposes of this section, unless
otherwise waived by the City Manager and due to extenuating
circumstances. Layoffs with subsequent restoration and approved City
paid or unpaid leaves do not constitute separation from City service
09
(and therefore will not void any previous accrual towards length of
continuous service) for the purpose of this section.
(ix) Any retired employee who, after retirement from the City, becomes
employed elsewhere and is covered by medical, life insurance, health,
dental or vision care benefits by his /her new employer, said coverage
provided by the City to the retired employee will be considered
secondary to the coverage provided by his /her new employer, his /her
new employer's coverage shall be considered primary.
(x) Any spouse or registered domestic partner of a deceased employee or
deceased retired employee who is receiving benefit coverage as provided
under this section, becomes employed and is covered by medical,
health, dental or vision care benefits by his /her employer, said coverage
provided by City will be considered secondary to the coverage provided
by the spouse's or registered domestic partner's employer, and his /her
employer's coverage shall be considered primary.
3. Alternate Retirement Medical Benefit Option For Employees Hired Prior to July 1, 2007
(a) The Alternative Retirement`Medical Benefit
Eligible Employees may voluntarily elect, at the member's sole discretion, to opt out of
the retirement medical benefit provided in Section 7.19 -2 above.
Eligible Employees electing to opt out of the defined retirement medical benefit
provided in Section 7.19 -2 and Appendix A / Appendix A -1 of this Agreement must notify
the HR Director, in writing, of their irrevocable decision to opt out of the benefit on or
before August 1, 2014.
Eligible Employees electing to opt out of the defined retirement medical benefit
provided in Section 7.19 -2 and Appendix A / Appendix A -1 of this Agreement shall
receive the following Alternative Retirement Medical Benefit, which shall be fully vested
upon receipt of the Eligible Employee's written notice by the HR Director. Eligible
Employees electing this opt -out option shall not be subject to any cost - sharing
requirements (i.e., normal cost) during the term of their employment.
(i) On or before January 15, 2015, after receiving notice of an Eligible Employee's
decision to opt out of the defined retirement medical benefit provided in Section
7.19 -2 and Appendix A / Appendix A -1 of this Agreement (with such notice due
on or before August 1, 2014), the City shall establish a Retiree Health Savings
Account (RHSA) (or substantially similar individual investment account in the
a
eligible employee's name) for the Eligible Employee. The City shall contribute
$2,500.00 per year of Continuous City Service for sworn members into the RHSA
and $2,000 per year of Continuous City Service for miscellaneous members into
the RHSA. For purposes of the service credit calculation, eligible employees shall
receive service credit on a pro rata basis by month and days of service as of
January 1, 2015.
(ii) Upon retirement from the City, the City will provide the Retired Employee with
$500 per month for the cost of retirement healthcare premiums until the Retired
Employee reaches the age of Medicare eligibility. These funds shall be provided
to each member in a manner to be determined by the parties on or before
December 31, 2014. However, the parties agree that these funds shall be
provided in a manner that permits each member to utilize the contributions for
selecting the medical insurance of his /her choice and, if possible, on a pre -tax
basis. In the event of the Retired Employee's death, the benefits provided by the
City to the Retired Employee under this section will not continue for the
survivors or dependent children of the Retired Employee.
(iii) Retired Employees may participate at their own expense in the City's group
health insurance.
(b) 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 7.19 -3 above, the RHSA (or
substantially similar account) shall be established and funded prior to the date of
retirement. As such, employees must give thirty (30) days' notice to the Human
Resources Director.
(c) Dental and Vision Benefits For Eligible Employees
(i) Upon retirement, City will provide /offer and pay on behalf of Retired Employees,
the premium benefit(s) as provided for active employees at the time of
retirement for dental care and vision care benefits for Retired Employees and
one eligible dependent until the Retired Employee reaches the age of Medicare
eligibility or elects to leave the City dental and vision system. Calculation of
premium benefit will be prorated for regular, part -time employees.
(ii) In the event of the retired employee's death, the benefits provided by the City to
the Retired Employee under this section will not continue for the survivors or
dependent children of the Retired Employee.
(iii) Any Retired Employee who, after retirement from the City, becomes employed
elsewhere and is covered by 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.
4. Retirement Medical Benefits for Employees Hired On or After July 1, 2007
Beginning July 1, 2014, Employees Hired on or After July 1, 2007, shall be eligible for the
following benefits:
(a) Effective July 1, 2014, the City will contribute $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 as to
an employee terminating City employment with five (5) or more consecutive
years of City service.
(c) Calculation of 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.
7.20 Clothing Allowance
That the City will provide uniforms to those employees required to wear
them. The City will provide replacement issue uniforms as and when deemed
necessary by the City.
(a) The City will provide a Uniform Maintenance Allowance of two hundred and
forty dollars ($240) per calendar year to be paid monthly.
(b) The Department will provide the necessary Academy uniforms for Public
Safety Officer Trainees.
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7.21 Education and Training
(a) 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 Department Head 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.
7.22 Longevity and Incentive Pay (P.O.S.T., Detectives, Motor Officers)
(a) The City will continue to provide longevity pay to employees, based on
continuous years of service (as defined in Section 7.19 (1)(d) as follows:
Completed Years of Service
Pay Percentage Increases
5 years
2%
For each completed year thereafter
1/2%
(i) 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 1 and July 1 and not on an employee's employment
anniversary date.
(ii) For employees hired after 10/10/95, the longevity program as outlined
above does not apply.
(b) For employees hired after 10/10/95, which are not eligible for longevity pay as
outlined in paragraph (a) above, the following educational pay benefit shall
be provided.
(i) Associates of Arts Degree (AA or AS)
Effective July 1, 2003, Sergeants, PSOs and CSOs shall receive 1.8% of
base salary per month Incentive Pay and Dispatchers and Communication
Supervisor shall receive 2.4% of base salary per month Incentive Pay.
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(ii) Bachelor of Arts or Science Degree (BA or BS)
Effective July 1, 2003, Sergeants, PSOs and CSOs shall receive 2.8% of
base salary per month Incentive Pay and Dispatchers and Communication
Supervisor shall receive 3.6% of base salary per month Incentive Pay.
(iii) The Incentive Pay payments provided above are not cumulative.
Incentive Pay is paid for only one of the two degrees per employee. In
no event shall an employee be paid for more than one degree.
(iv) The Incentive Pay payments are authorized only for Associate of Arts
(AA) or Associate of Science (AS) degrees and Bachelor of Science
(BS) or Bachelor of Arts (BA) degrees from an accredited college or
university. A copy of the degree must be provided for validation and
approval of payment.
(c) The City will provide a P.O.S.T. Certification Incentive Pay to Sergeants, Fire
Marshal, and Public Safety Officers based upon receipt of Intermediate or
Advanced P.O.S.T. Certification. The amount of the Intermediate P.O.S.T.
Certification Incentive Pay will be four and one half (4 %) percent of base
salary per month effective January 1, 2007. The amount of the Advanced
P.O.S.T. Certification Incentive Pay will be seven (7) percent of base salary per
month effective January 1, 2007. The payments provided above are not
cumulative. Only one of the two P.O.S.T. Certification Incentive Pay is paid per
employee.
(d) For all employees hired after July 1, 2011, all Incentive Pays associated with
work performed as part of a "special" or "extra" assignment will be paid only
for hours actually worked performing the special or extra duty. Incentive Pays
received by employees hired before July 1, 2011 will continue to be
administered according to practices in effect as of June 30, 2011.
(i) The City will provide Incentive Pay to Sergeants and PSOs assigned to
the Detective Division (including, but not limited to the Gang Task Force,
Special Enforcement Unit, Computer Crimes Task Force and Narcotics
Task Force) of five (5) percent of base salary per month.
(ii) The City will provide Incentive Pay to Public Safety Officers assigned to
motorcycle duty of three (3) percent of base salary per month effective
July 1, 2004.
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(iii) The City will provide Incentive Pay to Public Safety Officers assigned as
the Police Canine Handler of three (3) percent of base salary per
month. Canine officers shall be compensated for canine care as follows:
On days when canine officers are scheduled for regular assigned work
shifts, canine officers will report for duty after the first hour of their
regularly scheduled shift or leave work one hour prior to the end of
their shift as determined by the schedule. On days when canine
officers are not scheduled to work a regular assigned work shift,
canine officers will record one -half hour of overtime for the purpose
of canine care.
(e) Sergeants who possess the P.O.S.T. Supervisory Certificate shall be eligible for
two (2) percent of base salary supervisory pay.
(f) Community Service Officers who have successfully completed either /or both the
P.O.S.T. Field Evidence Technician and Field Evidence Technician - Advanced
courses shall be eligible for two and one -half (2.5) percent of base salary
differential pay. Any Community Service Officer (CSO) who is qualified and
assigned to the specialty position of Property Technician shall receive an
additional five percent (5 %) of base salary per month pay.
7.23 Retirement Program
(a) Effective July 1, 2007, the City will provide the California Public Employees'
Retirement System (CaIPERS) three percent (3 %) at fifty (50) retirement
program to local safety members and the CaIPERS two and seven tenths
percent (2.7 %) at fifty five (55) retirement program to Public Safety Officer
Trainees, Community Services Officers, and Dispatchers. Effective July 1, 2011,
as agreed to by all miscellaneous employees of the City, the City will
provide the California Public Employees' Retirement System (CaIPERS) two
percent (2.0 %) at fifty -five (55) program to Public Safety Officer Trainees,
Community Services Officers, and Dispatchers hired on or after July 1, 2011.
The City will continue to provide the "one -year highest compensation" optional
provision in its contract with CaIPERS per CaIPERS Section 20024.2 for
employees in the programs listed above. Effective July 1, 2011, or as soon
thereafter as agreed to by all safety employees of the City, the City will provide
the California Public Employees' Retirement System (CaIPERS) three percent
(3.0 %) at fifty- five (55), highest three year average program to local safety
members hired on or after the date the contract with CaIPERS is amended.
Effective August 1, 2011, all employees, regardless of program, will pay the
required member contribution; however, in no event shall local safety
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members contribute more than 9% to CalPERS for their retirement benefits.
Similarly, in no event shall miscellaneous employees contribute more than 8%
to CalPERS for their respective retirement benefits.
New Employees Hired On or After January 1, 2013
Effective January 1, 2013, the City will provide the following retirement benefits
to employees who meet the definition of a new member under Gov't. Code
7522.04(f) and who are hired on or after January 1, 2013: CalPERS two point
seven percent (2.7 %) at fifty -seven (57), highest three year average program to
new local safety members; and two percent (2.0 %) at sixty -two (62), highest
three year average program to new miscellaneous members.
Effective, July 1, 2013, new local safety members and new miscellaneous
members hired on or after January 1, 2013, shall contribute at least fifty
percent (50 %) of the normal cost rate to CalPERS.
Pensionable compensation does not include monies paid to new 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).
(b) The City will absorb any employer contribution rate increases for safety
members required by CalPERS.
(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 obligation even if an outside agency imposes or determines
there to be a financial obligation for the City or the employee.
(d) The City will modify the CalPERS 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 upon retirement for the 5.0% annual
maximum cost -of- living allowance increase as defined in Section 21335.
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7.24 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.
7.25 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.
7.26 Off -Duty Employment
Members of the Unit will continue to be eligible for employment by third
parties during off -duty hours. The Association and the City will negotiate a
side - letter agreement on off -duty employment which will consist of various
provisions, including, but not limited to, the Director of Public Safety retaining
discretion and authority to approve of third -party employment and a mandatory
release /hold harmless /indemnification agreement to be executed by the
outside employer in favor of the City. The parties will negotiate the
additional terms of the side - letter agreement no later than March 1, 2012.
7.27 Reinstatement /Specialty Position
If an employee is removed from a specialty assignment or position due to the
elimination of the position by the City and /or the Department, the employee
shall be given the option to return to the position should the position be
reinstated within 18 months and if the employee has maintained any
certifications required for the position. If the employee declines to resume
his /her duties in the specialty assignment or position, the Department will
follow existing protocols for filling the position.
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8. Agency Shop and Payroll Deductions
8.1 Agency Shop
(a) The RPPSOA may, at its sole discretion, choose to adopt an Agency Shop
pursuant to Government Code Section 3502.5. If adopted, the City will
recognize the Agency shop as applying to all regular full -time and regular
part -time employees represented by the Bargaining Unit.
(b) If the RPPSOA adopts agency shop in Section 7.1 (a) above, then the
following apply:
(i) It is recognized that RPPSOA 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 in the unit
whether or not they are members of RPPSOA.
(ii) All employees in the representation unit, excluding supervisory or
confidential employees who have chosen not to join the RPPSOA
pursuant to Government Code Section 3502.5 (c), shall, as a condition
of continued employment, beginning with the second full pay period
after such effective date and until the termination of the Agreement,
either:
(1) Become a member of RPPSOA; or
(2) 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
(3) Pay a sum equal to the agency fee described in subsection 7.3 to a
non - religious, non -labor charitable fund chosen by the employee
from participating agencies of the United Way of Sonoma -
Mendocino -Lake. The employee shall furnish written proof to the
City and RPPSOA that this contribution has been made.
(iii) 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 third 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.
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The condition of employment specified above shall not apply to
newly hired employees until the beginning of the third full pay period
of employment.
(iv) 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 RPPSOA during a one -month period between ninety (90) and
sixty (60) days prior to the expiration of the term.
8.2 Deductions
The RPPSOA shall be provided with monthly payroll deduction of Association
dues, service fees, and premium amounts for insurance programs sponsored by
the employee's organization at no cost to the employee organization.
8.3 Listing of Deductions
The RPPSOA 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 RPPSOA in writing. RPPSOA will hold the City harmless for any
liability or errors resulting from errors on the listing provided by RPPSOA.
8.4 Hold Harmless
RPPSOA 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.
8.5 Bargaining Unit Work
(a) The RPPSOA and City agree that the use of an auxiliary firefighter volunteer
corps, reserve peace officers, per diem and other temporary employees or
volunteers is intended to supplement and not supplant members of the
bargaining unit.
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(b) Available Sergeant overtime shifts shall be offered to members of the bargaining
unit to fill on a voluntary basis. Overtime shifts not filled by members of the
bargaining unit on a voluntary basis will be filled by members on a mandatory
basis as assigned by the Director of Public Safety or his /her designee.
(c) Nothing in this section prevents the Director of Public Safety from making
any assignments that he /she deems necessary for effective response to a
natural disaster or catastrophic emergency.
(d) The City retains the right to retain consultants for limited duration to conduct
training and /or render services that cannot be performed by members of the
bargaining unit.
9. Safety Equipment
9.1 Replacement Equipment
City will continue to furnish Public Safety Officers with replacement equipment
as needed for the equipment that the City is required to furnish per the
Government Code. Said equipment includes, but is not limited to, department -
issued weapons, holster, belt and ammunition, nightstick, handcuffs, safety
vests, raincoats and rain boots. Equipment furnished by City shall remain the
property of City with the exception of any personal purchases made by present
officers.
9.2 Personal Equipment
City shall replace, with the Director of Public Safety's approval, any personal
equipment lost, destroyed or damaged beyond repair while used in the line
of duty. Items shall not be replaced if worn because of normal wear and
tear.
9.3 UV Eye Protection (Sunglasses)
City will reimburse for sunglasses providing UV protection, not to exceed
sixty -five ($65) per employee per year, for use by Public Safety Sergeants,
PSOs and CSOs authorized to operate Public Safety vehicles and motorcycles.
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10. Salaries & Miscellaneous Pay
10.1 (a) Salary Adjustments
(a) Effective the first full pay period following ratification of this Agreement,
all members shall receive a one -time payment of three percent (3 %) of their
salary (including compensation earnable equal to base + stipends). 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 salary (including compensation
earnable equal to base + stipends). 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.
One time payments will be included in a regular payroll check or in a separate
check at the member's election.
(b) Ratification Bonus
Upon ratification of this Agreement by RPPSOA 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 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.
10.2 Monthly Salary Schedule
Wages are as shown in the City's Rates and Ranges document.
10.3 Incentive Pay or Acting Pay
For all employees hired after July 1, 2011, all Incentive Pays associated with
actual work performed as part of a "special" or "extra" assignment will be
paid only for hours actually worked performing the special or extra duty.
Incentive Pays received by employees hired before July 1, 2011 will continue to
be administered according to practices in effect as of June 30, 2011.
(a) Field Training Officer (FTO) Pay
Employees who are qualified and regularly assigned by the Director of Public
Safety, as a Field Training Officer, shall receive a five percent (5 %) of base
salary monthly Incentive Pay. This Incentive Pay may be pro -rated by pay
period.
(i) A Field Training Officer shall be defined as a Public Safety Officer who has
been fully qualified to train newly -hired Public Safety Officers. To be
eligible to apply for FTO, the officer must currently be assigned to the
Patrol Division or due to return to the Patrol Division from a specialty
assignment within one (1) year or less; must be off probation; and have
at least three (3) years full- time experience as a peace officer in the State
of California. Field Training Officers will be selected through a three -
phase testing process. The process will include a written test, an oral
examination, and supervisory and command staff review. After a
candidate has been selected, he or she will be required to successfully
complete a P.O.S.T. certified FTO School before final appointment.
(ii) Any FTO who is assigned to a specialty position of Detective or Two -
Year Fire Position will automatically relinquish his or her FTO status
and pay incentive, and will be required to re -apply for the position when
he or she becomes eligible. PSOs assigned to the Detective Division shall
not be eligible for an FTO assignment and the pay incentive. Any FTO
who is assigned to the Fire Services Division for a period of not more
than one year shall retain his or her FTO status and pay incentive.
(iii) Completion of a three -year term as a FTO shall be deemed as successfully
completing the FTO assignment. At any time after three years as a FTO,
an employee, at his or her option, may elect to discontinue the FTO
assignment by notifying the City in writing. If an employee exercises
this option, the employee will automatically relinquish his or her FTO
status and pay incentive. The exercise of this option by an employee will
not be grounds for any disciplinary action by the City.
(iv) The City reserves the right to exercise its regular and customary
management rights with regard to FTO assignments including,
establishing FTO performance standards, conducting an annual
performance review of the FTO and taking disciplinary actions subject to
the requirements of applicable laws.
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(b) Fire Specialty Assignment and Engineer Pay
(i) Sergeants and PSOs assigned to a specialty assignment in the Fire
Services Division of at least two (2) years shall receive an Incentive Pay
of an additional two percent (2 %) of base salary per month pay.
During the term of this agreement, the City and RPPSOA agree to meet
and mutually agree on a general definition of "additional duties
performed when assigned to the Fire Division in a specialty assignment ".
This definition, when agreed upon, will form the basis for receipt of this
stipend, rather than any specific duration of the assignment to the Fire
Division. When agreement is reached, a side letter memorializing such
agreement will be added to this MOA. The City will have the initial
meeting on this item no later than 30 days after ratification, and the
parties will negotiate the additional terms of the side - letter agreement
no later than October 31, 2013. Until a mutually- agreed side letter is
adopted, pay practices in effect as of June 30, 2013 will remain in effect.
(ii) Employees who are qualified as Fire Engineers for the Department of
Public Safety shall receive an additional two and one half percent (2.5 %)
of base salary per month pay.
(1) Fire Engineer shall be defined as any employee who has been
fully qualified both mentally and physically capable to operate one
or more pieces of City -owned firefighting pumping apparatus.
(2) Each qualified Fire Engineer must receive at least ten (10) hours of
refresher training provided by the Department of Public Safety
each year. Any Public Safety Officer not completing the annual
training will lose the Fire Engineer Pay increment until such time
as the training is completed.
(3) The required hands -on field- testing for Fire Engineer shall be done at
random by lottery, and at any time.
(4) Community Services Officers and Dispatchers are not eligible for
Fire Engineer Pay.
(c) PSO Captain Pay
Employees who are qualified and assigned as PSO Captain shall receive an
additional three percent (3 %) of base salary per month pay (in addition to
Fire Engineer pay).
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Each qualified PSO Captain must receive at least ten (10) hours of refresher
training provided by the Department of Public Safety each year. Any
employee not completing the annual training will lose the PSO Captain Pay
increment until such time as the training is completed.
The PSO Captain position is a non - supervisory position. If funding becomes
available, and upon agreement by City and RPPSOA, the PSO Captain position
may be considered for an additional one percent (1 %) to make it equivalent with
the Fire Captain pay percentage as outlined in Section 9.4 below.
(d) Fire Captain Pay
Employees w o are qualified and assigned as Fire Captains shall receive an
additional four percent (4 %) of base salary per month pay (in addition to
Engineer Pay).
(i) The City at its sole discretion shall determine the number of Fire Captains
to be assigned.
(ii) Each qualified Fire Captain must receive at least ten (10) hours of
refresher training provided by the Department of Public Safety each year.
Any employee not completing the annual training will lose the Fire
Captain Pay increment until such time as the training is completed.
(e) Non -Sworn Training Officer Pay
(i) Dispatchers, who are qualified and regularly assigned by the Director of
Public Safety in the training of new Public Safety Dispatchers during their
probationary period, shall receive a monthly Incentive Pay of five percent
(5 %) of his /her regular base salary. This Incentive Pay may be pro -rated
by pay period.
(ii) Community Service Officers (CSO), who are qualified and regularly
assigned by the Director of Public Safety in the training of new CSO's
during their probationary period, shall receive a monthly Incentive Pay of
five percent (5 %) of his /her regular base salary. This Incentive Pay may be
pro -rated by pay period and shall be retroactive to the first day of CSO
Training.
(f) Acting Lieutenant /Sergeant Pay
(i) The Association and the City have met and jointly developed SOP -9, a
Departmental policy outlining the criteria for members to serve in an
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acting capacity for the rank of Lieutenant and Sergeant. There is no
requirement or obligation by the City to permanently fill positions that
are open.
(g) Acting Supervisor /Watch Commander Pay:
Public Safety Officers who have passed an eligibility testing process approved by
the Director of Public Safety shall be eligible to serve as an Acting
Supervisor /Watch Commander. As a specific decision - making role and authority
is delegated with this assignment, this assignment may be made for a period of
any length, up to three months. Continuous assignment for periods exceeding
one pay period will be made in writing. Acting Supervisor /Watch Commander
assignments will be compensated by a 5% acting pay for all hours actually
worked as an Acting Supervisor /Watch Commander. An Acting Supervisor /Watch
Commander assignment may be compensated by a 10% acting pay to ensure
against loss of income to the assigned Public Safety Officer if other assignment -
based compensation is removed due to the Acting Supervisor /Watch
Commander assignment.
(h) Acting Lieutenant Pay:
Public Safety Sergeants shall be eligible to serve as an Acting Lieutenant. The
duration of such assignments may range from one pay period up to three
months, and will be made in writing. An Acting Lieutenant assignment will
typically be compensated by a 10% acting pay for all hours actually worked as an
Acting Lieutenant. This Incentive Pay may be adjusted upon assignment if
necessary, to ensure against loss of income to the assigned Sergeant if other
assignment -based compensation is removed due to the Acting Lieutenant
assignment. The exact amount of the Incentive Pay shall be calculated to most
closely match the Sergeant's existing pay structure, and shall not exceed a
maximum of 15 %. A Sergeant receiving an Acting Lieutenant Incentive Pay may
sign up for routine overtime offered to all Sergeants but shall not be paid the
Acting Lieutenant Incentive Pay for such overtime hours worked. Acting
Lieutenants will receive overtime as required by law for emergency holdovers, or
for overtime work assigned by the Director of Public Safety or his /her designee.
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10.4 EMT Pay
Employees who are qualified as Emergency Medical Technicians and employed
in the performance of duties of Public Safety Officer shall receive an
additional two percent (2 %) of base salary per month pay.
(a) The City, at its sole discretion, sha II determine the number of qualified
EMT's to be assigned and receiving the EMT pays increment.
(b) Each qualified must re- certify every two (2) years. If the EMT status is not re-
certified, the EMT pay increment will be removed.
(c) Employees in the class of Fire Marshal shall not be eligible to receive EMT pay.
10.5 Payday
City shall distribute Paychecks to employees by noon on payday. The City
reserves the right to, and may implement twenty -six (26) pay periods during
the term of this Agreement. The impacts of the implementation of the twenty -
six (26) pay periods shall be subject to meet and confer.
10.6 Shift Differential
(a) Dispatchers shall receive a five percent (5 %) of base salary per hour shift
differential for all hours worked between four (4) p.m. to seven (7) a.m.
(b) Communication Supervisors shall receive five percent (5 %) of base salary per
hour shift differential for all hours worked during a scheduled dispatcher shift
between four (4 p.m.) and seven (7) a.m. This is not intended to provide shift
differential for portions of regular work day shifts that may extend past 4 p.m.
on an overtime basis.
(c) Public Safety Officers, Community Services Officers and Sergeants shall receive a
five percent (5 %) of base salary per hour shift differential for all hours worked
between seven (7) p.m. to seven (7) a.m. This Incentive Pay shall not apply to
employees while performing working in the fire Division, except for training.
10.7 Bilingual Pay
Dispatchers, Public Safety Officers, Community Services Officers and Sergeants
verbally fluent in the Spanish language are eligible for two and one -half percent
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(2.5 %) of base salary Bilingual Pay. The City shall establish an evaluation process
for designating and certifying employee eligibility for bilingual pay such that
officers have the skills to converse in Spanish well enough to complete a basic
investigation. Testing for employees eligible for bilingual pay will be scheduled
by the Director of Public Safety and shall follow the model for basic bilingual
skills testing used by the Santa Rosa police department, attached as Appendix B.
A designated employee may be retested at any time at the request of the
Director of Public Safety.
10.8 Master Officer Program
(a) The City shall establish a Master Officer program for Public Safety Officers with
the following eligibility criteria:
(i) Minimum of ten (10) years of full -time peace officer or firefighter
experience, of which a minimum of five (5) years shall be service with
the City of Rohnert Park, and
(ii) Possession of a P.O.S.T. Intermediate Certificate or higher, and
(iii) Any one of:
(1) Associate of Arts degree or higher from an accredited college, or
(2) Actively seeking a Bachelor's degree from an accredited college,
with a minimum of two years completed ( "actively seeking" means
the successful completion of courses towards a Bachelor's degree in
two of the three most recent semesters or quarters, with a total
of at least six (6) semester units completed during that period), or
(3) Currently assigned one or more of the Special Assignments listed
below, or have held two or more of the Special Assignments within
the past five (5) years. Special Assignments to be considered for this
program are: Acting Shift Supervisor; Field Training Officer; Fire
Engineer; Detective; Special Enforcement Unit; Gang Officer; Police
Canine Handler; School Resources Officer; Firearms Instructor;
Defensive Tactics Instructor; Driving Instructor; Motors; Traffic; Malt;
Field ID Technician; OES Coordination Team, or other assignments
deemed qualifying by the Director of Public Safety.
..
(b) Public Safety Officers that have qualified as a Master Officer shall receive five
percent (5 %) of base salary as Master Officer Pay.
10.9 Fire Marshal Pay
An employee incumbent in the job class of Fire Marshal on the date of this
agreement will continue to receive an incentive pay in the amount of 15% of
base salary for the possession of job - relevant training certificates issued by
the Office of the State Fire Marshal. This incentive pay program is closed, and
shall not be available to any incumbents of the job class of Fire Marshal hired
or promoted after December 29, 2011.
11. Alcohol and Drugs
The City and RPPSOA agree to work together to assist any employee who has 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 Public Safety employees are required to drive City vehicles and respond to
emergency situations, 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.
11.1 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 work day, or while on assigned standby duty.
11.2 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.
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11.3 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 leave.
11.4 Special Assignments
The above sections relating to alcohol use may be accepted for those
employees on an approved and supervised special assignment by the
Department of Public Safety. Said employee shall not drive a vehicle if
employee is over the allowed blood alcohol content.
12. Physical and Psychological Fitness
12.1 Physical Fitness
RPPSOA acknowledges the importance of employees maintaining proper
physical and mental condition in order to perform job duties in a manner
acceptable to the City.
Physical Fitness is a voluntary program. RPPSOA members w h o voluntarily
enroll and successfully "pass" the Physical Agility and Fitness Standards test shall
receive twenty (20) hours of physical fitness workout compensatory time.
The RPPSOA and City agree that compliance with physical fitness standards are
voluntary and do not carry an intention of the City to terminate an employee
solely for failure to meet physical agility and fitness standards. Fitness for duty
provisions under the Government Code and applicable case law would be the
determining factor on handling of employees determined to be unfit for duty.
City can, at any time, at its option and cost, require a complete physical
examination, a physical agility test, or a weight examination, for any or all
employees to determine job fitness.
This Agreement hereby incorporates Letter of Agreement on Physical Fitness,
dated January 27, 1998 and modified "Exhibit C' dated December 1, 2007.
12.2 Fitness Program
The City and RPPSOA agree that the "Fitness Program" used by City shall be
that as outlined in the attached "Exhibit C."
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12.3 Psychological Fitness
RPPSOA acknowledges the importance of employees maintaining proper
mental condition in order to perform job duties in a manner acceptable to the
City. City can, at any time, at its option and cost, require a psychological
examination for any or all employees to determine job fitness. Fitness for
duty provisions under the Government Code and applicable case law would
be the determining factor on handling of employees determined to be unfit
for duty.
12.4 Psychological Counseling
Any employee who feels in need of counseling shall be provided same by
City after clearance from the Department Head or Human Resources
Department, which clearance shall be kept in strictest confidence. City at its
sole discretion reserves the right to establish a maximum counseling benefit.
13. Smoking
13.1 Employees Hired After July 1, 1993
RPPSOA acknowledges that the City, beginning July 1, 1993, hired new
employees with the clearly expressed condition of employment that they refrain
from smoking. Employees hired with a condition that they not smoke shall be
required to remain non - smokers throughout their employment. A non - smoker
shall not smoke or use any tobacco product either on or off -duty while
employed. RPPSOA acknowledges the City's right to take appropriate
disciplinary action should any such employee hired after the effective date of
this agreement violate the agreed upon conditions of employment. Prior to final
disciplinary action being taken, City will refer the employee to the Employee
Assistance Program (EAP) for consultation and referral.
14. Grievance Policy and Procedure
14.1 RPPSOA and City agree to comply with the grievance procedure outlined in
Resolution N o. 79 -22, adopted February 13, 1979, a copy of which is attached
hereto. Failure to meet any timeline 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.
47
14.2 The parties acknowledge the existence of "City Manager's Administrative Policy
No. 1: Personnel Rules and Regulations" dated November 9, 2004, and
incorporated by reference in this Agreement. The parties acknowledge that
Section 8 "Disciplinary Action" provides for substantive and procedural due
process for the members of the Association. For purposes of consistency of
discipline, the Director of Public Safety should consult with the Human Resources
Department prior to the imposition of "major discipline" as defined in Section 8.
14.3 The "Employee Grievance Procedure Resolution" (Resolution No. 79 -22),
incorporated by reference in this Agreement, provides for the processing of
non - disciplinary grievances. The parties agree to review the grievance
procedure for purposes of achieving greater efficiencies and cost reductions
as well as enhancing communication between the City, the Association and
Unit members. The parties will conduct a joint labor- management
study /evaluation of the current grievance procedure in an attempt to mutually
agree on modifications beneficial to all parties.
15. Use of Sport Center and Lap Swimming Program
Employees and their spouse, 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 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. 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.
16. Management Rights
Except as limited in this Memorandum of 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 Memorandum of 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.
17. Work Curtailment (No Strike Clause)
Under no conditions or circumstances shall the Association or any of the employees it
represents 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 in any other type of
job action, curtailment of work, restriction or production or restriction of service during
the term of this agreement.
18. Personnel Rules and Regulations
The City will amend its Personnel Rules and Regulations by September 1, 2004 to
provide for a procedure that parallels those included in Government Code Sections
3300 through 3312, the Public Safety Officers Procedural Bill of Rights, and will apply
to non -sworn members of RPPSOA. City agrees to meet and confer with RPPSOA
regarding any updates or changes to its Personnel Rules and Regulations.
19. 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.
RPPSOA 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 new side letter between parties is
required to be signed by an authorized representative of RPPSOA and the City
Manager or his or her designee.
01
20. Term of Agreement
This agreement shall become effective on July 1, 2014 and will terminate on June 30,
2017 unless extended by mutual agreement of the parties.
21. Succeeding Agreement
Negotiations for the period commencing July 1, 2017, shall begin upon receipt of notice
from either party to the principal of the other, specifically the President of RPPSOA and
the City Manager, however, absent an agreement to the contrary, in no event shall
negotiations commence later than February 1, 2017. Said submittal shall include an
estimated percentage decrease or increase in the cost of proposals compared to the
provisions of this Agreement. City shall, if requested, assist RPPSOA in a reasonable
manner in providing information to determine the percentage decrease increase.
22. Invalidation
22.1 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.
22.2 Replacement
In the event of suspension or invalidation of any article or section of this
agreement, the parties agree, that except in an emergency situation, to meet
and confer within thirty (30) days after such determination for the purpose of
arriving at a mutually satisfactory replacement for such article or section.
23. Non - Discrimination
City acknowledges that in receiving the benefits afforded by this Memorandum of
Agreement, no person shall in any way be favored or discriminated against to the
extent prohibited by law.
50
24. Personnel Files
Employees or their duly authorized representative have the right to inspect their
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.
25. Employee Performance Evaluations
Employees have the right to respond in writing to the evaluation report should
they so desire. Said responses should be submitted to the reviewer no later than
thirty (30) days after the evaluation interview.
26. No Contracting Out
The City and RPPSOA agree that no bargaining unit work will be contracted to a third -
party provider during the term of this agreement.
51
CITY OF ROHNERT PARK
ROHNERT PARK PUBLIC SAFETY OFFICERS'
ASSOCIATION (RPPSOA)
Darrin Jenkins, City Manager Date Jeff Nicks, President
By
Mayor
Resolution Number:
ATTEST:
JoAnne Buergler, City Clerk
Approved as to form:
Michelle Marchetta Kenyon, City Attorney
Date
Andrew Smith, Vice President Date
The following are incorporated in this Agreement by reference:
• Appendix A: Retiree Medical Insurance Table
• Appendix A -1: Retiree Medical Insurance Table for Employees that Contribute 50% of
the Normal Cost
• Appendix B: Santa Rosa Police Dept. Spanish Testing Criteria
• City's Personnel Rules & Regulations
• 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 P/T Employees'
Fringe Benefits
• City Council Resolution No. 2001 -270, adopted December 11, 2001— Catastrophic Leave
• City Council Resolution No. 2007 -178, adopted October 23, 2007 —Alternative Benefit
52
• Exhibit C— Fitness Program -Modified December 1, 2007
• Exhibit X — Patrol 12 Hour Shift Schedule
• RPDPS SOP -18 — Timekeeping for Departmentally Required Training, 4/4/13
• RPDPS SOP -9 — Acting Pay Assignments, 7/7/10
53
Appendix 'W': Retiree Medical Insurance Table
PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/13 THROUGH 12/31/14
City
Ongoing
contribution
monthly City
formula at time
Lowest
contribution
Ongoing
of
Lowest
employee +1
to
monthly City
retirement is:
employee -only
premium cost
retiree
contribution to
80% of the
premium cost
at
premium:
retiree premium:
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„ , '
$$88:18`'
*10 - 19.99 years of service for permanently and totally disabled retirees and deceased
employee survivors only.
54
APPENDIX A -1: Retiree Medical Insurance Table
For Employees that Contribute 50% of the Normal Cost (Section 7.19 -2)
INSURANCE PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/14 THROUGH 6/30/15
EMPLOYEES HIRED PRIOR TO JULY 1, 1993 who retire between 7/1/14 and 6/30/15.
EMPLOYEES HIRED between JULY 1, 1993 and JUNE 30, 2007 who retire between 7/1/14 and
6/30/15
City
Ongoing monthly
City contribution
Ongoing
City contribution
formula at time of
Ongoing
Ongoing monthly
to retiree
retirement is: 80%
Lowest employee-
Lowest employee +1
City contribution to
premium: Enroll
of the lowest cost
only premium cost at
premium cost at
retiree premium:
retiree + eligible
premium.
time of retirement
time of retirement
Enroll retiree only.
others.
80%
$554.47
$1,108.94
$443.57
$887.15
EMPLOYEES HIRED between JULY 1, 1993 and JUNE 30, 2007 who retire between 7/1/14 and
6/30/15
*10 -19.99 years of service for permanently and totally disabled retirees and deceased employee
survivors.
THIS APPENDIX A -1 IS TO BE AMENDED IN MAY OF EACH YEAR OF THIS AGREEMENT TO
REFLECT NEW HEALTHCARE PLAN RATES FOR ELIGIBLE EMPLOYEES THAT RETIRE DURING THE
SPECIFIED YEAR
55
City
Ongoing
contribution
Lowest
Ongoing
monthly City
formula at
employee-
monthly City
contribution
of City
time of
only
Lowest
contribution
to retiree
contribution
retirement:
premium
employee +1
to retiree
premium:
based on
80% of the
cost at time
premium cost
premium:
Enroll retiree
Years of
Years of
lowest cost
of
at time of
Enroll retiree
+ eligible
Service
Service
premium.
retirement
retirement
only.
others.
15- 19.99*
50%
80%
$554.47
$1,108.94
$221.78
$443.57
20 -24.99
75%
80%
$554.47
$1,108.94
$332.68
$665.36
25+
100%
80%
$554.47
$1,108.94
$443.57
$887.15
*10 -19.99 years of service for permanently and totally disabled retirees and deceased employee
survivors.
THIS APPENDIX A -1 IS TO BE AMENDED IN MAY OF EACH YEAR OF THIS AGREEMENT TO
REFLECT NEW HEALTHCARE PLAN RATES FOR ELIGIBLE EMPLOYEES THAT RETIRE DURING THE
SPECIFIED YEAR
55
FAVOUR016KIII&I
SRPD Spanish Testing Criteria
A Spanish- speaker at the "high" level, commonly referred to as the 5% level, should have
all the abilities of a 3% Spanish- speaker and the following. The high level does not
require fluency but does require a basic level of conversational Spanish that helps in
common policing services. The "high" level Spanish - speaker should have the following
abilities in Spanish.
• Able to explain in reasonable detail processes such as 30 day impound tows and releases,
protection orders, DMV CDL suspension process, DUI chemical testing, and giving directions
(to a location).
• Able to read the Miranda waiver and answer basic questions from suspects regarding
Miranda. If the suspect gives unclear responses to understanding Miranda, the Officer would
realize the suspect does not completely understand the warning. The officer would be able clear
up basic misunderstandings about Miranda.
• Able to ask a person for consent to search them, an item they possess or control such as a
bag or vehicle. When the person being asked, has questions as to reasons for the search, legality
of the search, whether they have to submit or can simply say no, the officer can explain answers.
• Conduct a DUI investigation to include the DUI interview, explanation and
demonstration of FCTs, and chemical testing requirement.
• Able to conduct an intermediate level interview of a victim, witness, suspect or involved
Party. The answers to "who, what, when, where, why and how questions are more detailed
and yet understood by the officer. The officer can ask follow -up or clarifying questions and
challenge the person being interviewed with facts or statements from others.
NOTE: Received from Lt. John Noland of Santa Rosa Police Department on 7 /8/10.
Page 2 of 2
RESOLUTION NO. 2404 - 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
Rogulations on April 25,1983', and
WHEREAS, the City Council approved further revisions to the Personnel Rules
and Regulations on November 12, 1991; and
WHEREAS, the existing Personnel Rules and Regulations require updating to
be in compliance with current state and federal law; and
WHEREAS, the City consulted with McDonough Holland & Allen, the law firm
representing the City's legal interests, to provide recommendations on drafting revised
Personnel Rules and Regulations compliant with existing state and federal laws; and
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 Nov
ATTEST:
Deputy City Clerk
11TORES: AYE MACKEN;LIT: AIiSFdVT SPRADLM AYE
i
V )AK- MAI2TINEZ• AYR NORDIN: AW
AYES: (4) NOES: (0) ADSFNT: (I) AILS "PAIN: (0)
CII Y C)I P01 WI_ R PAI 0<
Persnnnd Rine, .lnd Regulations
19.
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2
CITY MANAGER'S
ADMINISTRATIVE POLICY NO. 1:
PERSONNEL RULES AND REGULATIONS
NOVEMBER 9, 2004
CRY OF Rol lm RT PARK Page 1 of 39
F MON)d RuIE;S and Regulations
Cl I Y OF ROl MI. f2 T I'Al2K
Personnel Rules and RegulWions
TABLE OF CONTENTS
SECTION 'I -
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
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
RESOLU -T IONS EFFECTING PERSONNEL POLICIES
RESO 70 -22
- EMPLOYEE GRIEVANCE PROCEDURE
RESO 92.78
EQUAL OPPORTUNITY EMPLOYER
RESO 92 -79
POLICY AGAINST DISCRIMINATION BASED ON DISABILITY - ADA
RESO 93 -38
- AGAINST HARASSMENT
RESO 99 -01
- ELECTRONIC MEDIA USE
RE SO 91 -192
- ANTI -DRUG POLICY
RESO 87 -117
- DEPENDENT CARE ASSISTANCE PROGRAM
RESO 00 -10
EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF
2004)
RESO 03 -71
-- PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR
ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR
TRAINING
RESO 03 -235
- OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
CITY OF ROI INERT PARK Page 2 of 39
Personnel Rules and Regulations
C11Y':)1- R01 ME R I PARK
'Personnel Rules and Ruoulnlions
SECTION 1_- _INTRODUCTION
A. f'uMos.e - '111e City Manager, as I'ersorinel Officer for the City or his /her designee, is charged with the
responsibility of the City's personnel practices. Jr) order to establish an ee. {uiiable and uniform procedure for
dealing will) personnel rmatters and to allract to municipal service the best and most competent persons
available, to assure that appointment and promotions of persons will be based on merit and fitness ancf to
provide a reasonable degree of security for qualified employees, the following rules and regulations are
established.
13. Coverage - 'These rules and regulations apply to all offices, all regular full -time employees, regular part -
lime employees, and all positions acrd employments in the service of the City, except,
1. Elective officers ill the performance of their elective duties ar3d Members of appointed boards,
commissions and corrimittees.
2. Persons engaged under contract to supply expert, professional, technical or other services.
3. Volunteer personnel, such as volunteer auxiliary firefighters and public safety reserve: officers.
4. City Manager and City Attorney.
5- Probationary employees, except as expressly provided herein.
6. Limited Service Personnel (i.e. temporary or seasonal employees employed by the City not more than
six (6) months during the fiscal year for special purposes).
7. Part -time employees paid by the hour or day who do riot meet tide definition of regular part -time
employees.
C. General Provisions -
1. The City expressly prohibits discrimination in employment on the basis of race, religious creed, color,
national or ethnic origin, ancestry, mental or physic)f 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 evaluations in full will) each employee, outline goals and expectations, and point out where the
employee has done an outstanding job and suclgesl 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 twenly -four (24) months for management
employees, not less than eighteen (18) months for dispatch employees, and not less than eighteen
(18) months for Public Safety sworn employees.
a. Promotional appointments include a probationary period of not less than six (6) months for non -
supervisory employees and twelve (12) months for supervisors (includes management
(lassifications).
4. Frnployees must be physically and mentally able to perform the essential functions of the job, with or
wilhout reasonable accommodation.
u'ry OF R01 ME-R i PARK Page 3 of 39
Personnel Rules and Regulations
CITY OF ROHNER1 PARK
Personnel Rules and Regularions
5. The City reserves the right to amend these rules and agrees to meet and confer with repre sentalives,
of recognized employee organizations on those changes that are within the scope of representation_
G. 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. Bargaininq Units - If any outline of conditions of employment or memorandumn 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.
Personnel Records - In the case of personnel records, the term "personnel records" means any file
maintained under the individual's name by his or her employing agency containing records relating to
personal data, including marital status, family members, educational and employment history, or similar
information, medical history, election of employee benefits, and employment advancement, appraisal, or
discipline.
The City maintains personnel files for all employees which contain all records, files and documentation
used to determine the employee's qualifications, performance, promotion, additional compensation, or
termination or other disciplinary action.
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 and 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.
1 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 frorn 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.
CITY OF ROIMERT PARK Page 4 of 39
Personnel Rules and Regulations
CITY OF )MI I I R1 MkK
Personnel Rules and Ret)ulaii(3ns
Any employee wlio wishes to review his or tier personnel records stuxild contact the Human
Resources Delaarlmenl and set up on appointment at a mult,Aly agreed upon lime. The review must
be (lone in tine Pres0nce of the I iuman Resources Assistant or his /her designee at tale location where
the We is stored and al no toss of compensation to tale employee. An employee may request a copy of
any ernplclym(:nt related document that he /she has signed_ This subsection does not apply to Ihose
employees covered by tale Public Safety Officers' Procedural kilt Of Rights ((:government Code §3300
et seq. )
a. An employee is not entitled to inspect records set forth in Labor Code section 1198.5(d) as it may,
from tine to lime, be amended Irnpoct records relating to lllee investigation of a criminal offense
or letters of reference.
b. An employee is not eniifled to inspecl 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 inforrnaliora would constitute an unwarrallied invasion of personal privacy.
5. Employees hav(s 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 tared will
be included in the personnel file records.
F, Desiruction of Records - -file employee personnel records are considered a permanent record and all
personnel file documents are retained by the City for the duration of the employee's period of employment
and for any subsequent period required by law.
a. The records of former employees are retained in accordance with file schedule established in
Resolution 90 -161.
i.>. Shredding destroys personnel records that have reached the time limit established in Resolution
90 -161.
SECTION 2 - PAY PLANS AND COMPENSATION
A- Classification flan -
1. Creation of classifications. The City Council, upon recommendation by the Personnel Officer, shall
create a classification plan for City employees- Each position shalt be allocated to a crass identified by
Class title. Positions shall have the same 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 have a
specificalion, 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.
Reclassification. The Personnel Officer is responsible for reviewing the duties and responsibilities of
positions and recommending to the City Council the creation of new classes and the abolition of
existing classes. The Personnel Officer shall review classifications and make determinations in the
following situations:
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
inateri<311y, provided the reclassification can be accomplished within budget limitations- hhe
Personnel Officer has the discretion to determine when the duties have materially changed which
CI FY OF RO] WN - RT PARK Page 5 of 39
Personnel Rules and Requla lion s
CITY OF RO-lNER] PARK
Personnel Rules and Regutaions
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 tide human Resources
Department.
Within fifteen (15) working days, the Human Resources Deparlrnent makes an initial
determination whether the employee's ongoing job duties anti responsibilities warrant a
position reclassification. Once completed, tale Human Resources Department forwards its
recommendations to the Personnel Officer.
iii. Within fifteen (15) working clays the Personnel Officer affirms or modifies the Human
Resource Department's recommendations. As a general guideline, the Personnel Officer
will provide the following conclusions to the employee and his or her supervisor: re- assign
work duties so the employee is no longer working outside of classification, appoint employee
to existing classification with greater responsibility, or create a new classification that more
accurately 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 appropriale crass 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, �Plms and Compensation
1. Meet. and confer. The City will meet and confer regarding changes io 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.
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.
5. Reclassifications. An employee whose position is reclassified from one class to a class with a lower
maximum salary retains his /her original anniversary date. A reclassified employee retains the salary
of the higher class if the . employee's salary at the time of reclassification does not exceed the
maximum salary for positions of the lower class. if that salary does exceed that maximum, the
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employee will continue: to receive his/her present salary until such nitre as the maximum salary for the
class excee-�ds 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. Evaluations should be
conducted at least annually to accordance with tare schedule set forth for that employee's job classification
and should be based upon position-specific performance elements and work standards. The evaluation
must indicate clearly whether overall performance is superior, satisfactory, or substandard. The review
process must provide for employee feedMck and face -to -face communication. Results of the performance
review will be utilized to determine employee's training and development needs.
I. Salary adjustments. Results of the employee's current performance review will be used to determine
salary adjustments on the employee's anniversary dale. Employees 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 date.
2. Employee review and response. Employee will be provided with a copy of his /her performance
evaluation twenty -four (24) 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.
�. Copies kept in personnel file. The employee's complete, original, and signed performance
evaluation includir-ag any written comments provided by the employee - is filed in tare employee's
official personnel file kept in the Fluman Resource Department.
D. Pay Period - The pay period for all employees is bi- monthly on the 15th and the last clay 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 distributed to the departments and delivered to the employee by noon
On the 15th or the last day of the month.
I. 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 Iwo -week period
worked.
b. Part -time employees_ Regular part -time and hourly part -time employees must submil their
timecards to the Finance Department on the 5h and 2014 of the month and will be paid the
following payday for the time submitted.
2. Direct deposit. Any employee wishing 10 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
Departmeni plead. Overtime is to be kept to a minimum consistent with maintenance of essential City
services. All non - exempt employees will be paid overtime as required by applicable 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 overtime. The
Supervisor wilt atllhori7e 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 lime off. All exempt
personnel must record leaves of four hours or more using the City's "Employee Absence Report" and
submit it to the appropriate immediate supervisor.
3. City reserves the right to pay overtime in lieu of accruing CTO. At the discretion of the City,
certain personnel may be paid for all or a portion of overtime worked in lieu of accruing CTO. The City
can elect to pay employees for overtime worked if it is determined that an employee cannot
reasonably take the CTO without hindering the performance of essential City functions.
d. 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, and /or the Mayor of the City of Rohnert Park to be public holidays. Additionally, the City
usually observes any day declarers by the Governor to be a day of mourning or special observance for
State employees.
2. Weekend holidays. Generally, when a holiday falls on a Saturday, it shall be observed on the
preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday. If
a holiday falls on an employee's regularly scheduled day off, the applicable memorandum of
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agree
ment will determine whether the employee is paid holiday pay or given compensatory lime off. If
any outline of conditions of employment or monforondum of agreerne +at conflicts with this subsection,
the provision of the conditions of employment or ntemor< mIum of agree:rnenl will [)Leval 1.
3. Holiday pay. IRegt}lar 1`011 -time and regular Irart- tir7ie employees are eraiiii( ;'d to receive tune off will)
pay at their regular rate, of pay for the holiday. Regular part -time employees receive either : ()% or
75 %, of the holiday pay as determined by the number of hours per week the employee is normally
scheduled to work. An ernployee who resigns may not select a holiday as the employee's last day of
employment.
4. Required work on holiday. An employee whose job performance is essential to maintain public
services may be required to work on a holiday. In such cases, the applicable MOA will specify the pay
and /or benefits received for the work performed on holidays.
B. Vacation -
Vacation policy. All regular full -time and regular part -line employees are entitled to vacation lime off
work with pay. Eligible regular part -time employees accrue vacation at file rate of 501% or 75% of the
allotment established for full -time employees as delermiraed by the number of flours the part -time
employee is regularly scheduled to work. Eligible employees will accrue vacation from the date Of hlre
but may not take accrued vacation until the completion of six (6) months of continuous service.
However, upon completion of six months of service, lie /she will be eligible to request a scheduled
vacation_ This vacation policy is subject to modification 1111`011911 an applicable MOA for represented
employees.
2. Vacation accrual. Vacation accrues for regular full -time ernployees accOlding to the following
schedules established in the applicable MOA's or Outline of Benefits for the Management and
Confidential Units.
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 '/ hour (15 minutes). An individual may have
unused annual vacation leave carried over to the following calendar year. If maxiilum accrual is
reached, further vacation accrual will stop. When the employee uses paid vacation time 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 lime to time.
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 far such employees at the time of termination. When terminalion is caused by the death of file
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.
5. Holidays failing 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 riot be paid or charged for vacation. This holiday policy is subject to modification through
an applicable MOA for represented ernployees.
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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 lime and not sick lime.
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-time employees are eligible for sick leave in accordance
with the applicable: MOAs. unrepresented, confidential, and management employees' eligibility for
sick leave is specified in the applicable City resolution outlining their conditions of employment,
benefits and salary adjustments.
2. Accrual. Sick leave shall be accrued in accordance will) the applicable MOA's or Outline of Benefits
for the Management and Confidential units.
3. use of sick leave.
a. To quality for sick leave, the employee must report his/her illness or injury to his /her supervisor at
the beginning of any sick leave period and daily thereafter unless otherwise arranged. The
supervisor may require a written statement from the employee's health care provider verifying
that the employee is or was incapacitated and unable to perform his /her duties. Any absence of
five (5) days or more for sick leave will require a certification from a 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.
d. An employee requesting to use paid sick leave must specify whether the use is for personal
illness or to care for a family member. In the event that an employee 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 time that would be in conflict with the inability to report for work and to perform the duties
assigned. If an employee vioiates 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 Laws, 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 /her 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_ E3ereaverne if Leave -
In the case of death wilhin the irnmediate fammly of an employee, the employee shall be entitled to
three (3) days of paid leave. An additional Iwo (2) days of sick or vacation leave may be taken upon
approval of ilae el supervisor if the employee recast travel out of the area (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, chili (including stepchildren), stepparents,
aunts, uncles, grandparents, grandparent -in -iaw, grandchildren and relationships in loco parentis anti
close personal relationships, will) the approval of tilt: City Manager or his /her designee.
Tile employee's supervisor may require proof of death of rile person(s) for whore tine employee is
faking bereavernerat 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 upcoming military duty at soon as hefshe
becornes aware of his /her obligation and provide a copy of his /her military orders.
3. Compensation. Employees on temporary military leave will be paid their normal salary for the first
thirty (30) calendar days while engaged in the performance of ordered military duty. Pay for such
purposes shall not exceed 30 days in each fiscal year. If the employee's military leave exceeds thirty
days, the City 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 to active duty as a result of a declaration of
emergency, war, or as necessary for hornetand 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 Labor Standards Act. Employees may elect to
use any other accrued paid leave time (e.g. vacation) during unpaid military leave.
Employees will receive any merit and /or general salary increases for which they become eligible
during military leave.
A. 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
tine City's applicable agreements, oullines, rules, policies and procedures and all state and
federal laws. Such benefits may be subject to individual plan provisions.
ta. Pension plan benefits. During any period of paid leave, the City will pay the employer and
employee contributions to CaIPERS. Additionally, employees returning from military leave are
entitled to pension benefits that accrued during military service and 10 any Ca1PERS contributions
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That would have been rnade if the employee had not been absent due,, to military leave. Military
leave is not considered a break in service for purposes of pension benefits.
Vacation benefits. Vacation benefits continue to accrue during paid military leave. Employees
returning from mililary leave are entitled to begin accruing vacation at the rate the employee
would have attained if the employee had not taken military leave.
Seniority. Lrnployees returning from military leave are entifled to the seniority and other rights
and benefits determined by seniority that they would have attained Willi reasonable certainty had
the employee not taken a military leave-
5. Reinstatement. Employees will be reinstated in accordance with all applicable laws. Upon
completion 01 Inlitary leave, the employee is required to furnish the Human Resources Department a
copy of his /her military separation document. Reinstatement will not be denied or delayed if the
information does not yet exist or is not readily available, however, the employee is required to provide
the information as soon as it is available. Reinstatement will be denied only when legally permissible.
Federal law provides for the following reinstatement period:
a_ For military leave of less than 31 days, the employee must report for reemployment at the
beginning of the first regularly scheduled workday that would fall eight hours after he or she
returns 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 181 days, the employee must report for
reemployment within 14 calendar days following completion of service, unless reporting within
such time frame is impossible and then the employee must report as.soon as possible.
For military leave greater than 181 days, the employee must apply for reemployment within 90
clays 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 to an employee or placement of
a child with an employee in connection with the adoption or foster care; (2) to care for a child, parent,
spouse or domestic partner who has a serious health condition; or (3) for the employee's own serious
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 months 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 le<3ve to temporarily transfer to an alternative
position, with the: same pay and benefits, if the aiterllative position better accommodates the required
work schedufe than the employee's usual position.
4. Notice of It-ave. An employee must provide at least thirty (30) days advance written notice of the
need for FML whenever possible. If thirty (30) days notice is not possible, the or 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 thO delay, the City reserves the right to
postpone the leave until at least thirty (30) days after the written notice was received.
5. Statement of health care provider. When the leave is for a serious health condition, a heallh care
provider must provide written certification to support the request for leave. The statement for an
employee's serious he ltlr condition shall specify the Cornmencernenl date of the event which prevents
the employee frorn performing the functions of hislher position, tfle anticipates) duration Of the leave,
and a statement that the ernployee is unable to perform if)(, essential functions of his or her position.
The statement for the employee to attend to a family member shall state the date of commencement of
the serious heallh condition; the probable duration of the condition; an estimate of the amount of time
that the health care provider believes tale ernployee needs to take in order to care for the family
mernber; 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, tlae City pray 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 the first opinion, the City rnay 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 tlae employee_
A new statement from a health care provider may be required if the employee requests art extension
to the leave requested in the original statement.
Tire City does not require the certification disclose the underlying diagnosis without consent from the
employee.
G. Pay during leave. f =ML is unpaid except to 1110 extent the employee elects to substitute accrued paid
leave time. An employee may use accrued sick leave when the FML is for the employee's or the
employee's family mernber's serious health condition. An ernployee may substitute accrued vacation
leave, compensatory time off and /or 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 al 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 FML 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. Frnployees 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 FMi_ shall be eligible
for reinstalemenl to the employees 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 employ(—, a job Itzat is
comparable in terms of pay and duties. An employee retains Ilae same right to emptoyirieni as if not
ora f Ml..
If an employee fails to report to work promptly at the end of FMI_, the employee will be assumed to
have abandoned his /her employment unless additional leave has been approved.
10. Reinstatement for key employees. If reinstatement of a key employee causes a substantial and
grievous economic hardship to the City, the City may deny reinstatement of the key employee to the
position held at the time FML was requested. A key employee is defined as an employee who is paid
on a salary basis and is among the highest paid 10 percent (10 %) of all City ernpfoyees 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 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.
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 most 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 employee requesting PDL shall provide the Human
Resources Department with certification from her health care provider stating the anticipated delivery
date and estimated dates and duration of the disability. If there is a change in diagnosis, and the dates
are either accelerated or delayed, notification from the health care provider is required.
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A health care provi(ler's statement musi be subn)itleo verifying the need for pregnancy disability leave
or for transfer, slating the following:
a. I he date oil which tiro enafaloyee becanie disabled clue to pregnancy, childbirth or related medical
condition or tine date on which the need for a transfer became medically advisable;
b. I fie: probable duration of the Period or periods of disability or the need for transfer; anti
C, A statement that, due to the disability, the employee is unable to perform one or snore of the
essential functions of her position without undue risk to herself ancl, ill(, succc;ssfu► conrpletioI of
her pregnancy, or that transfer is medically advisable.
A new statement may be required if the employee requests an extension of lime beyond that
S pecified in tine original statement.
Any changes in the information contained in the health care provider's stalemonl r°nust be
promptly reported by the employee to the Human Resources Department.
0. 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
MWinxana length of a PDL.
7. Insurance benefit premiums during PDL. An employee will receive the same in surance benefits
and premium payments during PDL. as if the employee were not on leave, for a maxirnurn of twelve
('12) workweeks. Ala employee on unpaid PDL beyond this period may continue health insurance or
other benefit coverage at owra her expense, at tine City's group rates. The employee must arrange for
payment of the premium contribution in advance. A lapse; it) 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 io 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 elig
holidays that fall during the PDI... ible for holiday pay (i.e. pay for holidays worked) for
9. Reinstatement. An employee who takes PDL shall be eligible for reinslaterrrent to her former position
at her former rate of pay. however, if the same position is no longer available due to business
necessity, the City may instead offer a job that is comparable in terms of pay and duties.
If an employee fails to report to work promptly at the end of PDL, the erployee will be assumed to
have abandoned her employment unless additional leave has been approved.
10. Staternent regarding return to work. The City requires an erployee returning from PDL to provide
a statement from a health care provider that certifies the employee's fitness for duly.
11. Other work. The City shall take appropriate disciplinary action if it determines that an employee has
engaged in other work during a PDL that is inconsistent with the employee's use of PDI_.
12. Definition of health care provider. A health care provider as used herein means a person holding
either a physician's and surgeon's certificate under applicable California 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 tither 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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Personnel Raales and Regulations
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Personnel Rifles and Regulations
H. Work - Related Injury And Illness Leave -
Eligibility. All City employees are covered by Workers' Cornpensalion Insurance. Ali 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 Claire for Workers' Compensation benefits form to the injured /ill employee for
completion as soon as possible. Within 24 hours of receipt from the employee, the supervisor must
submit the completed supervisor's report of injury to the Human Resources Department. An employee
who fails to promptly report a work - incurred injury or illness to his or her supervisor may be subject to
discipline, up to and including termination.
3. Temporary disability benefits. An employee eligible for temporary disability payments under the
Workers' Compensation Law will receive the amount as provided by that law.
4. Salary continuation integration with accrued leave. Employees receiving temporary disability
payments under the Workers' Compensation Law may elect to use accrued paid leave benefits at the
same time they are receiving temporary disability, but only up to an amount which, when combined
with temporary disability payments, does 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.
i. 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 Fair Labor Standards Act. The employee may use accrued vacation,
administrative leave or compensatory time for this purpose.
J. 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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1'er1'0110e1 ROOS and Regvhrtions
All older employees will be granle(I leave without pay except where necessary to rnainlain the employce,s
excmpt status udder the f=air I_EabOf Standards Act.
If an enf)loyc:e is required to report to jury duty within 2 hours of the scheduled start of the workday, the
employee is not required to report to work at the start of the workday, but shall report dire 'fly to jury duty. If
an erorelo s r is released from jury duty will' ri'ore than one -half of his/her workday remaining, the
employee is required to r<tporI to work to complete the regularly schedtifed workday_
K. Unpaid Administrative leave
1. Eligibility, Upon written rc:quesl of an employee, /tae Personnel Officer may n
approve in writing a
unpaid leave of absence without pay for a period not to exceed six (6) months.
2. Reason for leave. Unpaid Administrative leave will be efranted for the following 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 1211' grade will be
granted up to 40 hours in ra 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 employee may use accrued leave for school visils. if accrued leave is
exhausted, the Personnel Officer may allow the employee to work -in alternative schedule to
accOr")nrodate the leave or provide leave without pay.
Written proof of the date and lime of the visit signed by an appropriate school official may be
required to be provided to that Personnel Officer on retarm to the job.
b. Voting leave. Any employee, it he 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
S
cheduled 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 wade and hour laws.
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 ensure his /her health, safety or welfare, of that
of his /her child, 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 specified 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 relaleci to that crime.
e. Emergency duty and training leave. Volunteer firefighters and other emergency personnel may
lake 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. The employee must
Provide reasonable notice to the Personnel Officer of the need for such leave and shall provide to
the Personnel Officer satisfactory evidence of participation in the emergency duty or training.
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Miscellaneous leave. In addition to the leaves described above, the Personnel Officer may
approve other retfuests for uripaid leave at his /her discretion.
L. Health Insurance Benefits -
Benefits. The City provides group rnedical, 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
limilations 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 lime to fime.
2. Commencement of benefits. The benefits described in this section shall begin the first of the month
following the first day of employment or on the date -of -hire if it occurs on the first of the month.
3. 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 tinder the City's plan. These alternative benefits are described in Resolution No. 96 -203.
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 avaitable from the Human Resources Department.
M. Miscellaneous Empl wee 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. Long -terra disability insurance. City provides long -term disability insurance to regular full -time and
regular part -fime 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.
4. 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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therapist is confidenti<31_ No information is provided to the City regarding an eligible rnernber's use of
the. I_AP. To make an appointment with a counselor call Cigna BeIMvior31 ) leallh gal (888) 371 -1125.
For more information, cont�3ct the I tuman Resources Department.
;i. Health Care Tax -free dollar account program. This prograrn allows pcMnrarrent full -lime or part -time
employees to set aside a maximum of $3,000 per calendar year of before tax wages for medical
premicrms, co payments, or out of pocket medical costs, as authorized by the internal t2evenue
Services and the California 1= ranclaise Tax Board. A regular employee becomes c;litfible on date of
hire. E=mployee participation in this program is coordinated through the Finance Department. fhe 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 -fime or part -time employees
to set aside a maxirrrum 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 dale of hire. Employee participMion in this prograrn is coordinated
through tile Finance Department. The lax deferral limits are subject to change due to changes in
federal and /or state law.
Deferred income program. Thc: City participates in a deferred income program now being
administered by National Deferred and 1CMA. This program allows eligible full -time or part -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 f=ranchise Tax Board. A regular employee becomes eligible on date -of- hire:. E=mployee
participation in this program is coordinated through the Finance Department. The tax deferral limits
are subject to change due to changes in federal and /or state law,
8. Hepatitis B program. Below is an explanation of ttae City's Hepatitis B Program.
Employees who may have to perform first aid as a regular job duly or are ill positions which might
expose them to bodily fluids need to be offered the Hepatitis B Immunization Prograrn per the City's
Blood -borne Pathogens Program.
These job classifications are:
Public Safety Officer
PS. Sgt.
P, S. Lt.
P.S. Division Commander
Director of Public Safety
Community Services Officer
Evidence Technician
Property Specialist
Vol. Auxiliary Firefighter
Reserve Officer
Seasonal Maintenance Assistant
Maintenance Helper
Maintenance Worker 1
Maintenance Worker 11
Public, Works Services Supervisor
Recreation Supervisor
At the; time of the pre- employment physical, ttae candidate has a blood test that leis the City know if
they have the I lepatitis B antibody. At the employment orientation, Human Resources Department
Provides the new employee (if they are in one of the jobs classes listed above) information on what
I fepatitis B is and a check off form, which indicates whether or not they wish the 3 -shot immunization
program. t luman resources (f IR) logs in the employee's response in its safety records.
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Employees who wish the 3 -shot I tep. B series go get their shots, inform FIR when they received each
shot, and turn in their receipt for reimbursement. Employees with Kaiser insurance can get them free
of charge through Kaiser as preventative care and necessary due to their job class. Employees with
Blue Cross insurance are instructed to get their shots at the County Health Dept. and submit their
receipt for reimbursement. It is important that the employees not miss an appt. for a shot as they
might have to repeat the series. There are specific timeframes for each shot.
It an exposure incident occurs at work, under workers' corn pensation, the City has the employee
tested and if necessary they are given a Hep. B booster shot for additional protection.
SECTION 4 - IN -HOUSE RECRUITMENT
A. Transfer - If an employee is qualified, the Personnel Officer may approve the transfer of an employee from
one position in the City to another position in the same class or to another position in a different class with
the same maximum salary.
1. Types of transfers.
a. Voluntary request for transfer initiated by department supervisor and /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 lie /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.
L 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, examinations, interviews, past performance
reviews or evaluations, anti /or input from an employee's supervisor.
2. Internallexternal 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 tower -level position,
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3. Request for eligible employees. When a vacancy occt.ars, l)x. Supervisor may request a list of
narnes of persons in City employ who qualify for promotion 10 the vacant position for consideration
from Ilfe Human Resources Department_
Determining pay for promote(] employees. Refer 10 Section 2 1'ay 1'I<ans and Compensation, Part
D, Section 3.
C. Trainee Prociram - In tan effort to provide upward mobility opportunities for currc:ral City employees and to
provide employment opportunities to the general public, the Personnel Officer can acid 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 to fill positions as deen-led appropriate.
The training program provides all opportunity for a current employee to gain additional skills by:
a. additional experience in a different ci assificalion,
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 life 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 Program - The City may establish an apprenticeship program in partnership with a local
school district, Sonoma State University, Santa Rosa Junior College, or an accredited trade school, This
program would be conducted in cooperation with the applicable bargaining units.
E. Probationary Period. The probationary periods set forth in Section 5 also apply to all placements
resulting from the in -house recruitment process.
SECTION 5 - 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. -f he Personnel Officer has the discretion to begin open recruitment outside of City
employ when helshe knows that the City does 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
tire class, tell when and where to file applications for employment, and give information about the
lesting, scoring and selection procedur( to be used.
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Personnel Rules anal Rcguk.iEion;:
B. _A � fit p Cations -- Every ;applicant responding to a City recruitment shall file an official City application form.
Applications shall be available in the City's Human Resources office. Applications and supporting
documentation filed with the City are the property of the City. Any information on the application will riot be
made public.
'i. Application form. The 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 additional information the Personnel Officer deems pertinent to an evaluation of the
applicant's fitness for a position.
2. Deadline for filing applications. Applications and all required documents must be filed in the Human
Resources Department on or before the final filing date and time specified in the position
announcement.
3. Rejection of applications. The Personnel Officer may disapprove an application, disqualify an
applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed:
a. lacks any of the requirements established for the examination or position for which application
has beer) made;
b. excessively uses narcotics and /or intoxicating liquors to the extent that they are unable to perform
the essential functions of the position;
c. an employee that is not physically and /or mentally able to perform the essential functions of the
job, with or without reasonable accommodation;
d. has made any false statement or omission of any significant fact, or has practiced or attempted to
practice deception or fraud in the application, in declarations, or in securing eligibility or
appointment;
e. has directly or indirectly obtained information regarding the content of an examination to which an
;pplic:ant is not entitled;
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 date mailing, to commuriications
concerning availability for employment;
has made himself /herself unavailable for employment by requesting that his /her name be
withheld from consideration.
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 lenglh of lime since tlx: conduct,
d. the e of the individual at the tirne of conduct,
e, circurnstances surrounding the conduct,
f. contributing social or environmental conditions, and
g. the presence or absence of rehabilitation or efforts at rehabilitation.
5 >✓mployrnent 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 if) a department where the Supervisor is a close relative or in
a division where the division head is a close relative. For a definition of 'close relative," see the
glossary of terms at the conclusion of these rules.
G. 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 the right to respond orally or in writing within five (5) working days from
the dale of mailing to the Personnel Officer, with no further right to 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
same 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. f 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 the 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
edLication, training, or experience. The City reserves the right to re -test the skill level of any applicant.
4. Scoring and rating. f he 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 /promotional 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 tine scoring established for
the classification recruitment, the preference may be expressed as an additional percentage or
additional points. See example below for detailed explanation.
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PERCENTAGE EVALUATION (sample)
L=_mployee's Total Score = 80%
Years of City Service as a Regular Employee = 10 (cal(ulates to an additional 10 %)
Employee's Adjusted total Score - 80% + 10% = 90 %,
POINT EVALUATION (sample)
Employee's Total Points = 175 out of a possible 200
Years of City Service as a Regular Employee = 10 (calculates to an additional 20 points 1200 x
10% = 201
Employee's Adjusted Total Score = 175 + 20 = 195'
'The combination of an 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 = 22.0.
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. Eligibility Lists 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 fist 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 his /her 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 five (5) working clays from the date of notice of an
inierview or offer of appoiratrnenl;
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, and all supporting documents, of all candidates with the lop 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. T he power to appoint and dismiss City employees is vested in the City Manager
(Personnel Officer).
1. Vacancy, "The vacancy will be filled by appointment of an eligible candidate from an appropriate
eligibility list, except as provided in 2 below.
2. E=xceptions.
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) clays 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. )n an emergency which threatens life, property, or the operation of necessary
municipal services, the Personnel Officer may employ an individual not on the eligibility )1st for not
more than thirty (30) calendar days.
3. Pay. A new appointee shall receive the minimum salary for the class to which the position is
allocated, except that:
i. In cases of extrerne difficulty in filling a position, the Personnel Officer may approve
appointment at a salary above the minimum. In such cases, all incumbent employees in the
class io 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 Em loyment - Art 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 altowiruf the city to acquire information about the applicant from former employers.
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2. Medical examination. Applicants who have been offered a regular positior) will) 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. f=ingerprints 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
employees. Employees who receive promotional appointments must serve another probationary
period of at least six (6) months for non - supervisory employees and twelve (12) months for
supervisory employees (includes management classifications).
2. Leaves of absence during probation. If an employee is absent from work for longer than five (5)
working days during the probationary period, the City may extend the probationary period an amount
of time equal to the days missed if necessary in order to properly evaluate an employee.
3_ 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 ten (10) working clays prior to the end of the initial
probationary period_
4. 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 employe;(, may be separated from employment by resignation, disrissal, retirement, or layoff on account of
I-,)(-.k of work or Kick of funds. 'I be dismissal for cause of regular 0111ployees will be in accordance with the
provisions of Section 6. Other separation procedures and reinstatement procedures are set forth below.
A. Separation and/or Resignation -- An employee wishing to resign is reci0red to notify his/her supervisor in
writing at least two weeks prior to their intended leave from City employment. A copy of the wrillen
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 or) the letter of resignation. 'The withdrawal letter will also be placed in his /her personnel file.
Art 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 Play be reinstated without
competitive examination to the position held at date of separation, or to any other position within the
Sarno 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 lime 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 riot be eligible for reinstatement.
S. An employee who is granted an authorized leave to which he or she is entitled under a federal, state
or local law requiring reinstatement shall be reinstated to his/her former position as provided by law.
C. Layoff - Whenever it becomes 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 such 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 not 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 classification, those employees who are probationary employees in their initial
probationary period will be laid oft first, followed by employees in a promotional or transfer
probationary period.
b. The order of layoff for regular employees within a department will be determined by 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 days. The
seniority calculation shall not include disciplinary time; off without pay or time spent on unpaid
leave (unless federal or slate law requires it to be included in the seniority calculation).
ii. Once seniority determinations have been made, layoffs are made in reverse seniority order
(i,e, the most junior employees are laid off first).
Ili. -Ties in seniority shall be resolved by the Personnel Officer, taking into account the past
performance, disciplinary actions (if any), supervisor recommendations, and such other facts
as will result in the City retaining the most qualified and efficient employees.
3_ Notice. Employees shall be given at least ten (10) business days' written notice prior to the effective
date of the pending layoff. A copy of the notice shall be retained in the 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 minimum qualifications, and /or obtain proficiency
through a short orientation period.
c. a voluntary reduction by taking early retirement and /or "golden hand shake ".
5. Retreat 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 most so notify
the Personnel Officer in writing within five (5) business clays of receiving the notification of
pending layoff-
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e. An employee who retreats or is (}emoted to a position as provided herein must serve the
probationary period applicable to the new position unless lire employee previously compleed 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 classification from which the employees were laid off. An employee's name
remains on this list for a period of one (1) year from date of layoff; an employee's name may be
removed for any of the following reasons:
}_ Reappointment of the employee to his /her former classification
b. Notification from employee that helshe is no longer interested in returning to the City.
c. Inability to contact the employee by mail or phone at the employee's last known address in the
employee's official personnel file.
d. Rejection by the employee of an offer of employment within the same job classification. failure to
respond within five (5) business days of the offer shall be deerned a rejection.
7. Offer of reinstatement. If the position previously held by a fail off employee becomes vacant, or if
another position within the same classification series becomes vacant, then the employee with the
most seniority on applicable reinstatement list shall be offered the vacant position.
ii. Restoration of benefits upon reinstatement. When art 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 tirrre of layoff shall be
restored. if an employee is reinstated to a position in which lie 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:
1. Participating in improper political activity prohibited by the federal Hatch Act or pertinent provisions of
State Law including 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
Rohnert hark Municipal Code Chapter 2M;
5. Divulging confidential information to anyone to whom issuance of such information has not been
authorizers; or
6 Participating in any employment or other activity, which will prevent an employee from doing his /her
City jol-) in an efficient and capable manner, is illegal pursuant to stale 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 City's bests interests and to devote
their best energies and skills to their positions_ I -or this reason, City employees are prohibited from
accepting outside employment that could conflict with the best interests of the City or interfere with the
employee's ability to perform his or her City position. E=xamples of such prohibited outside employment
include, but are not limited to:
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 duty is a
regular part of his or her job;
3. business conducted using Cily facilities, resources or equipment (including telephones, computers,
supplies, etc.)
SECTION 8 - DISCIPLINARY ACTION
City employees are expected to meet certain standards of job performance, interpersonal interaction, and
conduct. The City may discipline any employee whose conduct or performance fails to meet reasonable City
standards, i.e. for cause. Discipline may be imposed for a single incident or for a pattern of conduct_ The
specific discipline imposed is intended to focus the attention of the employee on the performance or conduct
problem and, except in cases of discharge, to encourage changes in behavior.
Disciplinary actions include but are not limited to: counseling, oral reprimand, written reprimand, reduction in
pay, suspension without pay, reassignment, dernotion, 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 empooyeQ may be disciplined for "good cause ". Good cause
is defined as reasons including, but not limited to, the following:
1, f=raud 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 Deparlment rules and regulations, policies, procedures or general orders, whether
oral or written;
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3. Disclosure of confidential personal information of aru>ihex employee;
9. Negligent or willfut damage to or waste of public, equipment, property or supl>liCs;
10. Improper or unauthorized use of City vehicles or equipment;
11. Misappropriation, theft, or embezzlement of City property and/or funds,
12. Unlawful harassment or discrimination, or the failure; to cooperate with the investigation of harassment,
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 obtaining a leave -of-
absence under false pretense;
16. Soliciting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City;
17. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City in excess of tine Conflict of interest guidelines established in the
Rohnert Park Municipal Code Chapter 2.60;
18. Failure to observe safety regulations and practices, including the use of assigned personal 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 contenders) of a felony or any crime; involving moral
turpitude;
23. Conviction of a misdemeanor (including by plea of guilty or nolo 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 disci line. — 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 memorandum 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 employee s
formal performance evaluations.
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Written reprimand. A formal written notice to an employee stating the specific details concerning the
subject of the reprimand, summarizing previous related disciplinary action, if any, and describing the
plan for improvement. A 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 date of a reprimand to submit
his or her own rebuttal comments, which shall accompany the reprimand in the employee's personnel
file-
Removal of minor discipline records. At the requesl of the employee, records of minor discipline
will be removed from the employee's personnel file three (3) years after the date of The written
reprimand or documented counseling. Records will be removed provided the employee has received
satisfactory performance reviews in the subsequent three (3) year period from date of the written
reprimand /documented counseling and no further discipline has been initiated_ The employee shall
initiate the request io remove records of minor discipline through his or her Department Head. The
employee's Department Head shall coordinate this request through Iluman 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. Major Discipline - Major discipline may only be implemented by Deparh"nt 1-leads. 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 reference to the affected employee's
normal work schedule.
2. Merit decrease. A pay step reduction where performance fails 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. Disciplinary Process - -Major Discipline. Any imposition of major discipline must follow the procedures set
forth below.
1. Notice - A written Notice of Intent to Discipline ( "Notice of Intent ") shall be prepared by the Department
1-1ead in consultation with the Human Resources Department. The Notice of Intent shall state:
a_ The specific type of disciplinary action proposed,
b. The effective date of the action;
C. The specific reason(s) or cause(s) for the actions;
d. A copy of all written materials upon which the action is based, and
e. Notice that, prior to the imposition of the major discipline, the employee has the right to respond
orally or in writing at an informal hearing to explain why the employee believes the proposed
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major discipline should not be imposed. A request for such a hearing rnusl be submitted in
writing within ten (10) working days of receipt of the Notice, of Intent.
2 Informal hearing (i.e. Skelly hearing)_ At the oniployee's reque,;t, an informal hearing will be held
prior to tine imposition of major discipline. 'i his hearing is not 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) days of the employee's request for hearing, and it may be reschedule(] only once at
the employee's request. The following parameters apply to the informal hearing:
a. The hearing shaft be conducted by a responsible person designated by the Personnel Officer.
b. The hearing shall include; tine employee, the employee's chosen representative(s) - (reasonable
number), and others as directed by the hearing officer. Absent exterurating circumstances, the
employee's failure to appear waives his or her right Io such a tearing
c. The hearing shall be gape 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 ernpioyec> as if made by him or her personally, and it is
the employee's obligation to correct any misslater-nent(s) by the representative_
e. Following the hearing, the hearing officer will make: a written re:cornmendation 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 shaft
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 cause(s) 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 must deliver a
written Notice of Appeal to the Personnel Officer within ten (10) working days after the date 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 ernployee 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. 'I Pie 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. 'T he hearing 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.
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
e. The hearing shall be conducted in an efficient manner conducive to determining the issues,
however, the technical rules of evidence do not apply. Any relevant evidence 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. -(he hearing officer's findings an(] recommend, lion, shall be
forwarded to the City Manager for his or her review. The City Manager will follow the
recommendations of tiie hearing officer unless he or she can slx>w cause that the hearing officer
alxlsed his or her discretion.
a. The City Manager shall review the entire record (including the Notice of Intent, the record of
Skelly proceedings, the Skelly officer's written recommendation, the Notice of Discipline, the
evidence and record at the evidentiary hearing, and the appeal hearing officer's written findings
and recornmendations).
1). The City Manager shall issue a decision imposing the disciplinary action he or she deems
appropriate and in the best interests of the City.
C. The City Manager's decision shall be in writing and shall be final. It shall include a copy of the
appeal, hearing officer's findings and recornmendalions and shall be filed as a permanent record
in the employee's i>ersonnel file.
d. Notice of the City Manager's decision, along with a copy of both the City Manager's decision and
the appeal hearing officer's findings land recommendations, shall be served on the employee by
personal service or by registered or certified mail. 'File 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 Sergeant, Public Safety Supervisor (LT), Public Safely 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 sett 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 hirn" 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.
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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
minimum 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 - parenlis 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 ROHNF RT PARK Page 36 of 39
Personnel Rules and Regulations
0f1Y.Oi" ROHNFRI PARK
Personnel Ruloc ,and Regulations
DOMESTIC PARTNER - -1wo adults who have chosen to share one another's lives in an inlim<ate and
corninitted relationship of mutual caring. fo be eligible both parties must file a Declaration of Dornestic
I= '�)rtners})ip wilt) the California Secretary of State.
ELIGIBLE - A person whose name is on an employment list.
ELIGIBILITY LiST - A list that contains the names of qualified candidates, for a specific classification, who have
completed all examination processes anti are ranked, in order of the score or racing 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. The categories of ernployees are:
Regular: A regular employee is one who has passed probation and holds a regularly authorized position
with benefits. Regular employees may only be disciplined for cause. There are 3 types of regular
employees:
1. Regular full -time: a person who holds a budgeted (40) forty - hour per week position, with duties and
responsibilities that do not end in a specific time period, and who is entitled to full benefits with the City
pursuant to the applicable Memorandum of Agreement or applicable Outline of Benefits for the
Management and Confidential Units.
2, Regular part - time: a person who holds a budgeted position, with duties and responsibilities that do riot
end in a specific lime 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 1/6 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.g., federal or state 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 filled.
2. Seasonal employees -- A temporary employee appointed to positions of limited duration of not more
than six (6) rnonths within a twelve ('12) month period. Seasonal employees do not participate in the
City's benefit pro( rarns.
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 employment or current employee who has applied for a change in classification and /or promotion.
CITY OF R01 iNER I7 PARK Page 37 of 39
Personnel Rules and Regulations
CITY 01 R01 fNl:_RT PARK
Personnel Rules and Regulations
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 f=air tabor Standards Act (FLSA) is
exempt from the City's overtime policies and is compensated for overlime through Administrative Leave,
accumulated per specificalions 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 flights 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 wades, 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 CONTENDERS - 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 '/z 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 clay period, as outlined in the MOA's and /or Outline of Benefits for the
Management and Confidentiaf 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.
Throcrghout 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 ir) appointment to vacancies in that class.
CITY OF ROHNL"R1 PARK Page 38 of 39
Personnel Rules and Regulations
CITY OF PO NII- t i PARK
Personnel Ruk>s ar)d Regulations
RPEA -- Rohnerl Park Employees' Association_ The labor b argamintl and representation unit for administrative,
technical and support employees.
RPPSOA ._ Rofuaert Park Public: Safety Officers' Association- The labor bargaining and rel�.aresentation unit for
Public Safety Sergeants, Public. Safety Officers, Public Safely Dispatchers, Communic<afiorns Supervisor,
Community Services Officers, Parl -Time Dispatchers, and Public Safety Officer Trainees.
RULES - The Personnel Rules and Regulalions of the City of Rohnert Park as contained in this documcant.
SALARY - A reclular ernployc:e's base pay as approved by the City Council in the classification and salary plan
i.e. pay rates and ranges, computed on a monthly basis.
SALARY RANGES -The rates) assigned to a c:lassific<:ation irr the pay rates and ranges.
SEW - Service Frnployees International Union Local 707. The labor bargaining and representation unit for
certain City employees in tine 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 ranother class
having essentially the maximum salary limits, and involving the performance of similar duties.
`-NORKDAY -- Is a twenty -four (24) Dour period beginning at the same time each calendar day.
WORKWEEK - Means any forty (40) hour period within seven (7) consecutive days starting with the same
calendar day each week.
RESOLUTIONS EFFECTING PERSONNEL POLICY
RESO 79 -22 EMPLOYEE GRIEVANCE PROCEDURE
RESO 92 -78 EQUAL OPPORTUNITY EMPLOYER
RESO 92 -79 - POLICY AGAINST DISCRIMINATION BASED ON DISABILITY -- ADA
RESO 93 -38 AGAINST HARASSMENT
PESO 99 -01 - ELECTRONIC MEDIA USE
RESO, 91-192 - ANTI -DRUG POLICY
RESO 81 -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 -2.35 OUTLINE OF THE CITY'S COMPLIANCE WI I H THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
CITY OF ROtiNER7 PAIRI< Page 39 of 39
Personnel Rules and Regulations
City of
r � �
EMPLOYEE GRIEVANCE PROCEDURE
RESOLUTION No. 79 -22
TABLE OF CONTENTS
ARTICLE 1- GENERAL PROVISIONS ............................................................... ..............................3
SECTION 1 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
ARTICLE IV - RULES OF PROCEDURE ........................................................... ..............................6
SECTION 1 1 COMBINING GRIEVANCES ................................................................ ............................... 6
SECTION 12 WAIVING LEVELS OF REVIEW .......................................................... ............................... 6
SECTION13 TIME LIMTTATIONS .......................................................................... ............................... 6
SECTION14 TIME OFF ......................................................................................... ............................... 6
SECTION15 PRIVACY .......................................................................................... ............................... 7
ARTICLE V — GRIEVANCE APPEALS COMMITTEE...........
SECTION 16 COMPOSITION AND SELECTION . ...............................
SECTION 17 ALTERNATE, MEMBERS ............. ...............................
SECTION 18 COMMITTEE PROCEDURE .......... ...............................
ARTICLE VI — MISCELLANEOUS PROVISIONS ...................
SECTION 19 CONSTRUCTION ........................ ...............................
SECTION 20 SEVERABII.,rrY .......................... ...............................
................. ............................... 7
................. ............................... 7
................. ............................... 7
................. ............................... 7
................... ............................... 7
................... ............................... 7
................... ............................... 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 8 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.
b. The department head shall within ten (10) working days investigate the
grievance, discuss the grievance with the grievant and /or representative as
requested, render a decision in writing on the grievance form together with the
reasons therefore, and return the form to the grievant.
SECTION 9 STEP FOUR — CITY MANAGER
a. The grievant may appeal the department head's decision by completing Section
4 of the grievance form and filing it with the City Manager's office within five (5)
working days.
b. The City Manager or his /her representative shall within ten (10) working days
investigate the grievance, discuss the grievance with the grievant and /or the
grievant's representative as requested, render a decision in writing on the
grievance form together with the reasons therefore, and return the form to the
grievant.
SECTION 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 N0. 80 -140 9
RESOLUTION OF THE COUNCIL OF. THE CITY OF
ROHNERT PARK OUTLINING POLICY FOR PROVISION OF FRINGE
BENEFITS TO PERMANENT PART -TIME EMPLOYEES
WHEREAS, the Council finds and determines that it is appropriate to extend
ain fringe benefits to permanent part -time employees who are employed on a
round basis, and
i
WHEREAS, the Council differentiates between permanent part -time employees
work year round and seasonal part -time employees who are employed for six
)'_months or less, and
WHEREAS, the Council recognizes the city's obligation as a responsible employer
provide the fringe benefits on a pro-rata basis to permanent part time employees
j work year round.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park
!t effective immediately the City Manager be and is hereby authorized to extend
permanent part -time employees who work year round certain fringe benefits subject
the following:
1. Enrollment in the Public Employees' Retirement System (P.E.R.S.)
2. Vacation on a pro -rata basis.
3. Sick leave on a pro-rata basis.
4. Holiday pay on a pro -rata basis.
5. Vision care on a pro-rata basis.
6. Residency bonus on a pro -rata basis.
7. Non- smoking premium on a pro-rata basis.
8. Salary continuation - Standard Life Insurance Company -on a pro-rata basis.
9. Life insurance - Standard Life Insurance Company -on a pro -rata basis.
10. Health and medical coverage and life insurance- REMIF -on a pro -rata basis.
11. Dental care benefits on a pro-rata basis.
12. Pro -rata basis will be determinex by the amount of time that the employee
regularly works. Pro- ration shall be done on a one -half or three - fourths
basis only with permanent part -time employees having to put in at least
20 hours weekly minimum on a regular basis to get the half -time contribution
towards fringe benefits and employee having to put in at least 30 hours
weekly on a regular basis to qualify for the three - fourths city contribution
towards fringe benefits.
Permanent part -time employees working regularly less than one -half time,
that is less than 20 hours per week, shall not be entitled to fringe
benefits.
13. For items 8 through 11 above, pro-rata basis means the city will contribute
towards the premium cost for these fringe benefits on a ratio basis
determined by the amount of time the employee regularly works as set
forth above. For example, for a one -half time employee (20 hours a
week) the city will contribute 500 of the premium payment for fringe
benefits items 8 through 11.
Employee enrollment in any or all of said health fringe benefits (items
8 through 11) will be at the employee's option. At the employee's discretion.:
the city's aggregate dollar contribution for said fringe benefits may
be applied towards the cost of any of the fringe benefits rather than
all of them. For example, an employee can opt to forego the dental,
life and salary continuation coverage fringe benefits and have the city's
contribution applied toward the health and medical coverage, thus reducing
the part -time employee's required dollar contribution to same. Any
excess unused city's dollar contribution will remain the city's. Employee
health and medical and dental coverage premiums will be calculated based
on the number of employee's dependents covered.
BE IT FURTHER RESOLVED that the CgRc* firms the city policy of not
extending fringe benefits to season g7Y!4', employees who are employed
for six (6) months or less.
DULY AND REGULARLY ADOPTED th'.1 th day.-(o!�' A ust, 1980.
AYES: (3) Carbone, Cavalli & Roberta. ROHNe
NOES: (0) None
ABSENT: (2 Hopkin; & tewart m..,+' Mayo.. Tempore
ATTEST: _puty _City Cler
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.
CITY
CITY OF ROHNERT PARK
ayor
FLORES: AYE RE ILLY: AYE SPIRO: AYE VIDAK- INIARTINEZ: AYE MACKENZIF: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
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.
1. . ,,
BE IT FURTHER RESOLVED that the City hereby establishes this alternate
benefit program effective December 1, 2007 and the City Manager is authorized to
administer said program.
DULY AND REGULARLY ADOPTED this 23`d day of October, 2007.
ATTEST:
rty Clerk
CITY OF ROHNERT PARK
Mayor
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAF'F'ORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
Summary:
The Physical Fitness Program is optional for all sworn personnel. No member can be compelled to
participate. , It has. been established as an incentive for. personnel to maintain a level of fitness so they
can safely perform their assigned functions and'.reduce the :probability and severity. of occupational
injuries. The program will consist of a battery of tests focusing on endurance, strength, and flexibility.
Scoring will be on a Pass /Fail basis. Personnel that are successful in completing all tests will receive
twenty (20) hours of physical fitness workout compensatory time per calendar year.
Testing Process
Evaluators:.
Alt testing will be conducted by RPDPS Defensive Tactics Instructors, who will receive overtime if the
test falls outside of normal work hours.
Testing Coordinator:
A sworn member 'of RPDPS will be made the testing coordinator. The testing coordinator will be
responsible for scheduling the six month Physical Fitness Week (See .below), and determining the
number of evaluators needed for each test.
Testing Locations:
'rest locations . will be determined . by evaluators / coordinators. The testing locations will be in the
local area (RCHS, MSMS, etc.) .
Dates and Times:
Approxim' ately every (6).monthss, one week. will be designated Physical )~iness Week. Sign -up sheets
will be posted before the.sslieduled test week. It will.give`locations, dates, and times-to accommodate
all shifts: Testing may also be eondueted bu*een each (6) month period if (2) or ntare employees.
schedule a.test.with an evaluator /coordinator:
Retest: .
If an employee is unable to complete and pass -all tests, he or she will be eligible to re -test after at least
two weeks have lapsed.. This period of time -will allow the employee tithe to condition themselves for
the re -test. All tests must be completed and passed during the re- -test.
Compensatory Time:
Upon successful completion of all tests, sworn personnel shall receive.twenty (20) hours Physical
Fitness Workout Compensatory Time.. Only one successful completion of the Physical Fitness Test
will be allowed each calendar year. The' Physical Fitness Workout Compensatory Time can
accumulate to a maximum of forty (40) hours.
Test and Instructions
The following four tests must be completed within one hour of the start of the first test. The tests
can be taken in any order.
. The Mile Run: (4) laps around a standard 440 yard track carrying approximately (45) pound
pack.(To be completed in 15 minutes or less).
-OR-
The 450 Meter Swim: (9) laps in a standard 25 meter pool for a total of 450 meters (To be
completed iii 15 minutes or, less). If the 450 Meter Swim is chosen by the employee, all
attempts should be. made to have the test completed within one.hour of the start of the first test.
The evaluators have the discretion to allow a reasonable amount of time over one hour based on
travel time and, logistics.
2. 100 Yard Dash: Run a pre - measured distance as quickly as possible (To be completed in 20.
seconds or less). .
3. Elamstring 0lexibility: Measure hip range of motion. Lay.supine with a neutral sine
position. The examiner raises the testing leg passively-, keeping the testing leg straight, until
resistance is: felt.. The leg not being tested is kept on the examination table with leg straight
(Minimum of 70 degree range of.rnotion).
4. Rescue Drag: Lift and.drag an.approximate 175 pound simulated victim m) feet (To.-be
:completed in 30 seconds or less).
Safety. Guidelines
1. All testing will be conducted by qualified Defensive Tactics instructors..
2. Defensive Tactics instructors will ensure a proper stretching / warm -up program is
completed prior.io :the administration of the test.
3. A minimum of one first responder / CPR certified person will be present and available for
the duration of the test.. This person will be equipped with a properly supplied medical bag.
4. Only.a proper 45 pound professionally manufactured weight vest will be used for the mile
run.
5. The testing will not be made into a competition where times / results are kept:. All testing
will be PASS / FAIL:
6. All proper safety precautions will be taken throughout the testing process.
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Police and Fire Services Division
SOP -18
04 -04 -13
SUBJECT: Timekeeping for Departmentally Required Training
PURPOSE: To establish guidelines for documenting and crediting the Public Safety
employees who have been directed to attend Department Mandated Training.
POLICY: It is the policy of the Rohnert Park Department of Public Safety to provide
personnel with training that is required by applicable laws, POST, CA State Fire Marshal,
or other governing procedures. In addition, Agency management may identify other
required training for the enhancement of job - relevant knowledge and skills. Time spent
attending required training and travel to and from such training will be compensated in a
manner consistent with MOAs, State, and Federal laws.
I. ORDER:
A. Defined Mandated Training:
Any Training or School that the Agency has directed the employee to
attend is considered mandated. The Police and Fire Academy is a
mandated assignment and has its own rules and considerations separate
from this SOP and the City's Travel and Expense Policy. They both fall
under FLSA rules.
B. Local Training /Schools:
1. Local Training /Schools that do not require overnight accommodations
and are out of the immediate area will incorporate travel time into the
daily work hours. Out of the immediate area is further than fifty (50)
miles from the RPDPS Main Station.
2. The time spent travelling will be totaled in the daily work schedule on
the timesheet as stated in Section E. 2.
a. The time will either be straight time or overtime if it exceeds
the employee's regular scheduled shift.
3. When not working your assigned shift, the training course may include
a break in the schedule for meals which will not be included in the
total work hours.
C. Out of Area Training /Schools:
1. Travel on the day before to out -of -area training /schools will be
scheduled. Compensation for travel could be at either a straight time
rate or at the overtime rate as described in Section (E).
a. In general, travel time to schools should allow the employee a
reasonable time to arrive and prepare for the class. Overnight
accommodations should allow time for travel, check -in, car
rentals, etc.
2. Return travel on the last day of the course will be included in that
day's total hours worked.
3. Return travel on any other day will be included in that work weeks
total.
4. Travel time will not include stops for meals. The travel compensation
time will stop while the employee is eating whether or not a per diem
was received.
5. The training course may include a break in the schedule for meals
which will not be included in the total work hours.
D. Training Adjustment (TA):
1. Whenever the curnulative total of training hours, or combination of
training hours, plus hours performing regularly assigned work or while
on paid leave, is less than the total number of hours in the employee's
regularly assigned schedule for the week during which the training
occurred, the employee will be compensated by the Agency for the
difference.
2. The code TA will be documented on the last line on the timesheet to
bring the weekly total where it is equal to the employee's regularly
assigned schedule.
3. An employee assigned to a police schedule who attends a school less
than 40 hours, may be required to work part of their original shift(s) in
order to meet the FSLA requirement of a minimum 40 hour workweek.
a. Employees assigned to 12 hour patrol shifts, adjustments will
be made based on the 36 hour workweek or the 48 hour
workweek.
b. Employees assigned to 12 hour patrol shifts, who attend
multiple week schools, will be scheduled 40 hour workweeks
(as applicable) for the duration of the school.
4. An employee assigned to the fire Kelly Plan schedule who attends a
school less than 40 hours, may be required to work part of their
original shift(s) (not less than 12 hours) to reach the total scheduled
hours of their normal workweek.
5. While not all scenarios can be addressed, the general rule is to limit
TA to less than 12 hours. It is not the intention to have employees
work partial shifts or shifts on their scheduled days off.
6. All preplanned Training /Schools will incorporate reduction hours to
limit the total Training Adjustment hours, as applicable.
E. Travel Compensation:
1. Travel compensation will be in conjunction with FLSA laws.
2. Should actual travel time exceed the amount of scheduled hours in an
employee's workday or regularly scheduled workweek, compensation
will be at one of the following overtime rate.
a. Fire schools at the fire rate.
b. Police schools at the police rate.
c. Any school not specifically designated a fire class will default
to the police rate.
3. All travel to and from schools will be calculated from and to the
RPDPS Main Station, 500 City Center Drive, and will be measured in
time.
4. An employee, who travels on a regularly scheduled workday where the
employee received the entire shift or a specific amount of time off, will
only be entitled to overtime when their travel exceeds their normal
scheduled hours.
Police Services Division
SOP -9
July 7, 2010
SUBJECT: Acting Pay Assignments
PURPOSE: To establish guidelines for temporarily assigning out -of -class duties at a
higher level to classified employees, and for appropriately compensating personnel who
are so assigned.
POLICY: This policy is intended to serve the interests of effective public service and
to provide for additional compensation for employees who are assigned significant out -
of -class duties. This policy complies with the guidelines established in the City
Manager's memo. of June 29, 2010, Acting Pay Procedures. The operations of the
Department of Public Safety may routinely require specific acting pay assignments, as
established and defined below. Other acting pay assignments may be made on as- needed
basis, and will comply with City guidelines. All acting pay assignments will be made by
the Director of Public Safety or his /her designee.
I. ORDER:
A. Acting Supervisor/Watch Commander Pay:
Public Safety Officers who have passed an eligibility testing process
approved by the Director of Public Safety shall be eligible to serve as an
Acting Supervisor/Watch Commander. As a specific decision- making
role and authority is delegated with this assignment, this assignment may
be made for a period of any length, up to three months. Continuous
assignment for periods exceeding one pay period will be made in writing.
Acting Supervisor/Watch Commander assignments will be compensated
by a 5% acting pay stipend for all hours actually worked as an Acting
Supervisor/Watch Commander. An Acting Supervisor/Watch Commander
assignment may be compensated by a 10% acting pay stipend to ensure
against loss of income to the assigned Public Safety Officer if other
assignment -based compensation is removed due to the Acting
Supervisor/Watch Commander assignment.
B. Acting Lieutenant Pay:
Public Safety Sergeants shall be eligible to serve as an Acting Lieutenant.
The duration of such assignments may range from one pay period up to
three months, and will be made in writing. An Acting Lieutenant
assignment will typically be compensated by a 10% acting pay stipend for
all hours actually worked as an Acting Lieutenant. This stipend may be
adjusted upon assignment if necessary, to ensure against loss of income to
the assigned Sergeant if other assignment -based compensation is removed
due to the Acting Lieutenant assignment. The exact amount of the stipend
shall be calculated to most closely match the Sergeant's existing pay
structure, and shall not exceed a maximum of 15 %. A Sergeant receiving
an Acting Lieutenant stipend may sign up for routine overtime offered to
all Sergeants but shall not be paid the Acting Lieutenant stipend for such
overtime hours worked. Acting Lieutenants will receive overtime as
required by law for emergency holdovers, .or for overtime work assigned
by the Director of Public Safety or his/her designee.