2004/06/08 City Council ResolutionRESOLUTION NO. 2004 —134
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK RATIFYING THE MEMORANDUM OF
AGREEMENT WITH THE ROHNERT PARK EMPLOYEES'
ASSOCIATION (RPEA)
BE IT RESOLVED by the City Council of the City of Rohnert Park that the Memorandum of
Agreement dated July 1, 2004, executed by representatives of the Rohnert Park Employees,
Association and the City Manager, covering the period from July 1, 2004 through June 30, 2007,
be and the same is hereby ratified and approved.
DULY AND REGULARLY ADOPTED this 8th day of June 2004.
CITY OFROHNERT PARK
A. Nordin
ATTEST:
FLORES: AYE MACKENZIE: NO SPRADLIN: AYE VIDAK MARTINEZ: AYE NORDIN- AYE
AYES: (4) NOES: (1) ASSENT: (0) ABSTAIN: (0)
MOA- Rohnert Park Employees' Association . July 1, 2004 through June 30, 2007 Page 23
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF ROHNERT PARK
AND THE
ROHNERT PARK EMPLOYEES' ASSOCIATION
(RPEA)
EFFECTIVE JULY 19 2004 - JUNE 30, 2007
TABLE OF CONTENTS
1.
HOURS OF WORK ..................................................................................................................................................
..............................5
4.2
1.1 REGULAR WORKWEEK FOR EMPLOYEES .............................................................................................................
..............................5
4.3
1.2 REGULAR WORKDAY FOR EMPLOYEES ...............................................................................................................
..............................5
2.
OVERTIME/COMPENSATORY TIME .....................................................................................................................
..............................5
4.5
2.1 COMPENSATION RATE ......................................................................................................................................
............................... 5
4.6
2.2 MAXIMUM COMPENSATORY TIME ......................................................................................................................
............................... 5
4.7
2.3 CALL BACK OVERTIME ......................... .............................................................. ...............................
................ ............................... 5
4.8
2.4 EXEMPT EMPLOYEES .........................................................................................................................................
..............................6
3.
HOLIDAYS ..............................................................................................................................................................
..............................6
5. MILITARY
3.1 OBSERVED HOLIDAYS .......................................................................................................................................
..............................6
6. FRINGE BENEFITS .................................................................................................................................................
3.2 PROCLAIMED HOLIDAYS .....................................................................................................................................
..............................7
FRINGE BENEFIT PROGRAMS .............................................................................................................................
3.3 DAY OF MOURNING OR SPECIAL OBSERVANCE ...................................................................................................
..............................7
SICK LEAVE BENEFITS ......................................................................................................................................
3.4 HOLIDAYS FOR REGULAR PART -TIME EMPLOYEES .............................................................................................
............................... 7
4.
VACATION ............................ ..................................................................................................................................
1-11
........................7
4.1
SCHEDULE ........................................................................................................................................................
..............................7
4.2
MAXIMUM ACCRUAL ..........................................................................................................................................
..............................7
4.3
VACATION SELLBACK ........................................................................................................................................
..............................7
4.4
ELIGIBILITY FOR NEW HIRES ..............................................................................................................................
..............................7
4.5
DISCONTINUED ACCRUAL AFTER 90 DAYS ........................................................................................................
............................... 8
4.6
SEASONAL, SEASONAL PART -TIME AND TEMPORARY EMPLOYEES_ .....................................................................
..............................8
4.7
VACATION SCHEDULING BASED UPON SENIORITY ...............................................................................................
..............................8
4.8
EMPLOYEE VACATION RECORDS ........................................................................................................................
.............................8
4.9
REGULAR PART -TIME EMPLOYEES ....................................................................................................................
............................... 8
5. MILITARY
TRAINING ..............................................................................................................................................
..............................8
6. FRINGE BENEFITS .................................................................................................................................................
..............................8
6.1
FRINGE BENEFIT PROGRAMS .............................................................................................................................
..............................8
6.2
SICK LEAVE BENEFITS ......................................................................................................................................
..............................9
63
CATASTROPHIC LEAVE ...................................................................................................................................
............................... 10
6.4
PATERNITY LEAVE ............................................................................................................................................
.............................10
6.5
CALIFORNIA FAMILY RIGHTS ACT AND FAMILY MEDICAL LEAVE ACT ....................................................................
.............................10
6.6
LIGHT OR LIMITED DUTY ...................................................................................................................................
.............................10
6.7
AMERICANS WITH DISABILITIES ACT ...................................................................................................................
.............................10
6.8
PAYMENT TO BENEFICIARY ...............................................................................................................................
.............................10
6.9
HEALTH PLAN COVERAGE .................................................................................................................................
.............................10
6.10
ALTERNATE BENEFIT ........................................................................................................................................
.............................11
6.11
DENTAL COVERAGE .........................................................................................................................................
.............................11
6.12
VISION COVERAGE .................... ................................................................................... ...............................
..... .............................11
6.13
ADOPTION BENEFIT ..........................................................................................................................................
.............................12
6.14
DEATH /BEREAVEMENT LEAVE ...........................................................................................................................
.............................12
6.15
FUNERAL EXPENSE BENEFIT ................... ................................................... ...............................
........................ .............................12
6.16
LONG-TERM DISABILITY INSURANCE ................................................................................................................
............................... 12
6.17
LIFE INSURANCE COVERAGE .............................................................................................................................
.............................13
6.18
DEFERRED INCOME PROVIDERS ........................................................................................................................
.............................13
6.19
RETIRED, DECEASED AND /OR PERMANENTLY AND TOTALLY DISABLED EMPLOYEES ............................................
.............................13
6.20
EDUCATION AND TRAINING REIMBURSEMENT ...................................................................................................
............................... 15
6.21
LONGEVITY PAY ...............................................................................................................................................
.............................15
6.22
RETIREMENT PROGRAMS ..................................................................................................................................
.............................16
MOA- Rohnert Park Employees' Association . July 1, 2004 through June 30, 2007
Page II
r
22.1 EMPLOYEE RESPONSE ...................... ............................... .................. 21
23. RPEA OFFICERS ........................ ......................................... .............................21
............................................... ...............................
MOA- Rohnert Park Employees' Association . July 1, 2004 through June 30, 2007 Page IV
MEMORANDUM OF AGREEMENT
Pursuant to Government Code Section 35000 et. seq., the Rohnert Park Employees' Association (RPEA) and
representatives of the City of Rohnert Park have met and conferred and hereby submit their joint recommendations
for compensation and benefit adjustments for represented members of the RPEA.
1. Hours of Work
1.1 Regular workweek for Employees
The regular workweek for all employees shall be five (5) consecutive workdays, Monday through
Friday. As may be determined from time to time by mutual agreement of an employee and his /her
supervisor, the employee may volunteer for a workweek other than defined in this section.
1.2 Regular Workday for Employees
The regular workday for employees shall consist of eight (8), nine (9), or ten (10) hours of work as
may be determined from time to time by mutual agreement of an employee and his /her supervisor.
2. Overtime /Compensatory Time
2.1 Compensation Rate
Overtime compensation at the rate of one and one -half times the employee's regular hourly rate
shall be paid for all hours worked;
(a) In excess of forty (40) hours in any workweek.
(b) In excess of eight (8), nine (9), or ten (10) hours, as may apply in accord with Section 1.2
above, in any one - workday;
(c) On any Saturday or Sunday, or Holiday as defined by this Agreement.
2.2 Maximum Compensatory Time
A maximum of forty (40) hours of compensatory time off may be accrued by an employee by
mutual agreement of the employee and his /her supervisor.
2.3 Call Back Overtime
Employees, other than those in exempt positions, who are called back to work after having left the
work site, shall be entitled to a minimum of two (2) hours' pay at the following overtime rates:
(a) All hours worked until midnight at time and one -half the base hourly rate.
(b) All hours worked after midnight at double time the base hourly rate.
(c) All hours worked on Thanksgiving Day, Christmas, and News Years Day shall be paid at
two (2) times the base hourly rate.
MOA- Rohnert Park Employees' Association . July 1, 2004 through June 30, 2007 Page 5
1
3.2 Proclaimed Holidays
Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and
made applicable to City employees
3.3 Day of Mourning or Special Observance
Each day that the Governor declares a day of mourning or special observance as a holiday for
State employees if the declaration makes it applicable to City employees.
3.4 Holidays for Regular Part-time Employees
If a scheduled or observed holiday falls on a regularly scheduled day off of a part -time employee,
the part -time employee shall be entitled to the prorated number of holiday hours, which may be
taken as time off in the pay period in which the holiday falls.
4. Vacation
4.1 Schedule
That the following vacation schedule is in effect July 1, 2004:
Years of Service
Monthly
Annual
Inclusive
Vacation Rate Vacation Hours
Up to 2 years
8.667 hours
104
3 to 5 years
10.000 hours
120
6 to 10 years
12.000 hours
144
11 to 15 years
14.000 hours
168
Over 15 years
15.333 hours
184
4.2 Maximum Accrual
Vacation may be accumulated
to a maximum of forty -five (45)
days (i.e. 360 hours).
4.3 Vacation Sellback
Employees shall have the option to sell back to the City up to forty (40) hours of vacation time. The
rate of the sell back shall be the employee's current and regular salary as of November 1 of each
given year. The sell back shall occur during the pay period that includes November 1. To qualify
for vacation sell back, employees must have accrued at least eighty (80) hours of vacation time as
of November 1 of each given year and must have used a minimum of eighty (80) hours of vacation
time within the twelve (12) months prior to November 1 of each given year.
4.4 Eligibility for New Hires
Employees must work a minimum of six (6) months before any vacation earned will be credited to
said employee.
MOA- Rohnert Park Employees' Association . July 1, 2004 through June 30, 2007 Page 7
.1
i
or the decisions of other government agencies or departments, such as, but not limited to, the
Public Employees' Retirement System. The City will endeavor to obtain the most favorable
treatment legally possible from these other governmental entities. However, the City makes no
representation concerning the value of such benefits to unit members or how they will be taxed or
otherwise treated by other agencies or departments. The City's obligations under this Agreement
are limited to the direct cost of providing the salary and benefits as described in this Agreement.
The City shall have no additional financial obligation, even if the tax or other treatment of such
salary or benefits by other agencies or departments reduces or eliminates their value to the
employee.
(a) The City will continue all employee benefits and pay the appropriate premiums, as
specified in the applicable section(s) of this agreement, due for an employee out on an
authorized leave while an employee is being compensated by vacation accrued time,
compensatory time, industrial sick leave time and/or non - industrial sick leave time.
(b) Employee may continue certain employee benefits during an authorized leave without pay
for the period of the authorized leave by making payment to City for said benefits.
(c) If there is any inconsistency between this section and the Personnel Rules and
Regulations, the Personnel Rules and Regulations shall govern.
6.2 Sick Leave Benefits
(a) Sick leave benefits for regular employees hired before July 1, 1993 shall be as provided in
the City's most current "Disability Wage Plan ", a copy of which is attached hereto. Each
employee covered by this Agreement shall be provided a copy of the aforementioned
"Disability Wage Plan."
(b) For regular employees hired after July 1, 1993, the following sick leave program will be
provided:
Sick Leave Accumulation
Each employee shall earn and may accumulate sick leave as follows:
Hours Earned Hours Earned Maximum Hours
Monthly Annually of Accumulation
g 96 1,200
(c) Any employee hired before July 1, 1993, may voluntarily elect to participate in the sick
leave program as provided in Section 6.2 (b) above with the following conditions:
That employee may convert only any unused full -time sick leave balance from the
Disability Wage Plan Sick Leave Program as provided in Section 6.2 (a) above.
Employees may convert up to a maximum of 1,200 hours. Any unused half -pay
benefits will be forfeited and not subject to conversion under this section.
MOA- Rohnert Park Employees' Association • July 1, 2004 through June 30, 2007 Page 9
J
7
(b) As a result of any Federal or State law enacted subsequent to the effective date of this
Agreement, the City and RPEA agree to meet and confer in an effort to maintain the level
of benefits as provided for in this Agreement.
6.10 Alternate Benefit
Eligible employees may receive an alternate benefit when having health insurance from a source
other than the City. This benefit shall be provided as outlined in City Council Resolution No. 96-
203, adopted November 26, 1996. City and RPEA agree to meet and confer regarding a revised
Alternate Benefit program.
6.11 Dental Coverage
The City shall provide, at no premium cost to employees, dental service coverage for employees,
spouses, domestic partners, and dependents. The plan offered by the City shall be the Delta
Dental Preferred Option Plan , which for the most part, but with some exceptions, provides the
following coverage:
(a) One hundred percent (100 %) of the cost of diagnostic and preventative care.
(b) Eighty -five percent (85 %) of the cost of basic dental services.
(c) Eighty -five percent (85 %) of the cost of crowns and restorations.
(d) Fifty percent (50 %) of the cost of prosthodontics.
(e) Two thousand dollar ($2,000) maximum benefit for dental services per person per year.
(f) Fifty percent (50 %) of the cost of orthodontics with a three thousand five hundred dollar
($3,500) lifetime maximum benefit per person.
6.12 Vision Coverage
The City will provide, at no premium cost to employees, a 12/12/12 Vision Service Plan with
supplemental coverages for the employee, employee's spouse, domestic partner, and dependents
as generally follows:
(a) A vision exam every twelve (12) months.
(b) Prescription glasses consisting of lenses and frames every twelve (12) months. Lenses
include single vision, lined bifocal, lines trifocal, tints and photochromic lenses. Frames of
the employee's choice will be provided up to a maximum of one hundred and twenty
dollars ($120). Employee will receive a twenty percent (20 %) discount on any out -of-
pocket costs incurred for frames.
(c) In lieu of glasses, contacts with an allowance of one hundred and five dollars ($105). The
allowance applies to the cost of contact lenses and the fitting and evaluation exam. The
exam is in addition to the vision exam.
(d) A second pair of prescription glasses or contact lenses every twelve (12) months subject
to a twenty dollar ($20) copay.
MOA- Rohnert Park Employees' Association . July 1, 2004 through June 30, 2007 Page 11
6.17 Life Insurance Coverage
(a) The City will provide, at no premium cost to employees, fifty thousand dollars ($50,000) life
insurance coverage provided to employees and one thousand dollars ($1,000) for
dependents, and which coverage includes accidental death and dismemberment benefits.
(b) The City will allow, subject to the insurance carrier's approval, any employee to purchase,
at his or her own cost, additional life insurance coverage under the City's group program.
6.18 Deferred Income Providers
The City will continue to make available to the employees a deferred income program, now being
administered by National Deferred and ICMA or a similar program with another institution
acceptable to City.
6.19 Retired, Deceased and/or Permanently and Totally Disabled Employees
The City agrees to provide /offer and pay the appropriate premium(s), as specified in the applicable
section(s) of this agreement, for City offered /provided medical insurance, life insurance, dental
program, and vision care benefits only to the following:
(a) To regular full -time and regular part -time employees who have at least ten (10) years of
continuous service with the City and who retire upon reaching retirement age or thereafter
and are receiving a retirement allowance from the CaIPERS. Coverage will extend to
eligible dependents. Said employees shall be referred to as "Retired Employees."
(b) To regular full -time or regular part -time employees who:
Have at least ten (10) years of continuous service with the City, and;
2. Are retired forthwith from the City of Rohnert Park service into the CalPERS at the
time of permanent or total disability, and;
Are permanently and totally disabled from their occupation and unable to perform
with reasonable continuity the material duties of their own occupation.
After twenty -four (24) months if gainful employment is obtained in an occupation in
which the material duties are reasonably fitted by education, training, experience
and compensation to the occupation at the time of disability, the employee shall
no longer be considered permanently and totally disabled from their occupation.
In such circumstances, benefits shall be discontinued.
Said employee's shall be referred to as "Retired Employees" except for the
circumstance noted above in which the employee is no longer permanently and
total disabled. Coverage will extend to eligible spouse, domestic partner, and
dependents.
MOA- Rohnert Park Employees'Association . July 1, 2004 through June 30, 2007 Page 13
(i) Continuous City service is defined as being continuous regular full -time or regular
part -time City employment only for calculating length of continuous service under this
section. Part -time (non- benefited) employment and approved unpaid leaves will not be
used in calculating length of continuous service under this section. Any separation from
City employment will void any previous accrual towards length of continuous service for
purposes of this section, unless otherwise waived by the City Manager and due to
extenuating circumstances. Layoffs with subsequent restoration and approved City paid or
unpaid leaves do not constitute separation from City service for the purpose of this
section.
(1) Any retired employee who, after retirement from the City, becomes employed elsewhere
and is covered by medical, 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.
(m) Any spouse or domestic partner of a deceased employee or deceased retired employee
who is receiving benefit coverage as provided under this section, becomes employed and
is covered by medical, health, dental or vision care benefits by his/her employer, said
coverage provided by City will be considered secondary to the coverage provided by the
spouse's or domestic partner's employer, and his /her employer's coverage shall be
considered primary.
6.20 Education and Training Reimbursement
The City will provide an education and training assistance program to provide reimbursement to
employees for tuition and book costs only for attending and completing, with a satisfactory grade
(C or better), courses in the adult high school program, at Santa Rosa Junior College, at Sonoma
State University or any other educational institution acceptable to the City. All courses or classes
for which reimbursement will be requested must be previously approved by the Supervisor and the
City Manager prior to the start of said classes and approval requested on the appropriate City
form. The maximum allowed amount reimbursable for tuition is one thousand dollars ($1,000) per
instructional period plus books and materials, with a total reimbursable amount not to exceed three
thousand dollars ($3,000) per calendar year.
6.21 Longevity Pay
The City shall continue to provide longevity pay to employees based on continuous years of
service, as defined in Section 6.19 (i) as follows:
Completed years Pay Percentage
of Service Increases
5 years 2%
For each completed year thereafter 1/2%
The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay. The
"completed years of service" will be determined on January 1st and July 1st only and not on an
MOA- Rohnert Park Employees' Association . July 1, 2004 through June 30, 2007 Page 15
1
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.. Payroll Deduction
7.1 Deduction of Association Dues
The RPEA will be provided with monthly payroll deduction of Association dues at no cost to the
employee organization.
7.2 Listing of Deductions
The RPEA will provide the City Manager with a listing of deductions for recognized RPEA
members only. Said listing will remain in force until amended by RPEA in writing. RPEA will hold
the City harmless for any liability of errors resulting from errors on the listing provided by RPEA.
7.3 Payroll Deduction
The RPEA deductions will be taken from the mid -month paycheck and promptly forwarded to
RPEA.
7.4 Hold Harmless
RPEA agrees to indemnify and defend the City, its officers, employees and agents and hold it
harmless against any and all suits, claims, demands and liabilities that shall arise directly or
indirectly out of any action that shall be taken or not taken or on behalf of the City, its officers,
employees and agents for the purposes of complying with the foregoing sections.
8. Salaries & Miscellaneous Pay
8.1 Salary Adjustments
(a) Effective July 1, 2004, the salaries for employees shall be adjusted by an amount to be
determined by the Bay area All Urban Workers Consumer Price Index (CPI) with a
maximum salary adjustment of two and nine tenths percent (2.9 %). The amount of the
adjustment will be based upon the change in the CPI from April 2003 to April 2004.
(b) Effective July 1, 2005, the salaries for employees shall be adjusted by an amount to be
determined by the Bay area All Urban Workers Consumer Price Index (CPI) with a
maximum salary adjustment of two and nine tenths percent (2.9 %). The amount of the
adjustment will be based upon the change in the CPI from April 2004 to April 2005.
(c) Effective July 1, 2006, the salaries for employees shall be adjusted by an amount to be
determined by the Bay area All Urban Workers Consumer Price Index (CPI) with a
maximum salary adjustment of two and nine tenths percent (2.9 %). The amount of the
adjustment will be based upon the change in the CPI from April 2005 to April 2006. If the
change in the CPI from April 2005 to April 2006 is more than four and nine tenths percent
(4.9 %) the City and RPEA will meet and confer to determine a salary adjustment greater
than two and nine tenths percent (2.9 %).
MOA- Rohnert Park Employees' Association . July 1, 2004 through June 30, 2007 Page 17
10.1 Non - smoking Pay Premium
In recognition of the nation -wide concern with use of tobacco and the relationship it has to
disease. City agrees to continue to provide a $25 pay premium to employees hired before July 1,
1993 and who refrain completely from the use of tobacco in any form. Any employee receiving the
pay premium for not using tobacco and who starts using tobacco, shall rebate to City all paid
non - smoking premium paid by the City to said employee during the immediate twelve (12) months
preceding.
10.2 Non - smoking Status
Employees hired with a condition that they not smoke shall be required to remain non - smokers
throughout their employment. A non - smoker shall not smoke or use any tobacco product either on
or off -duty while employed. An affidavit signed on a periodic basis by employee shall be used to
verify continued non - smoking status.
10.3 Condition of Employment New Employees
The City intends to hire new employees with the clearly expressed condition of employment that
they refrain from smoking. The City acknowledges its right to take appropriate disciplinary actions
should any such employee hired after the effective date of this 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 for consultation and referral.
10.4 Employees Hired after July 1, 1993
The City and RPEA acknowledge that due to its commitment to hiring employees with the clearly
expressed condition of employment that they refrain from smoking, that employees hired after July
1, 1993 shall not receive a $25 pay premium for not smoking.
11. Residency Bonus
All employees are encouraged to reside within the City. For the term of this Agreement, all employees residing
within Rohnert Park shall receive a $60 per month residency bonus. At the discretion of the City Manager, said
residency bonus may increase to no more than $65 per month at any time during the term of this agreement.
12. Grievance Policy and Procedure
City will comply with the grievance procedure as outlined in Resolution No. 79 -22, adopted February 13, 1979, a
copy of which is attached hereto. Failure to meet any time line or specifically comply with any other requirement of
the grievance procedure constitutes a specific waiver and is a bar to further consideration of the grievance.
13. Use of City Facilities
13.1 Use of Sports Center and Lap Swimming Program
Employees and their spouse, domestic partner, and eligible dependents (as defined both by City
eligible dependent policy and Sports Center policy), will be allowed to participate with no fee
imposed in open gym time and use the weight room and locker room facility at the Sports Center
when such facilities are open and also participate in the Lap Swim Program conducted at the City's
swimming pools. In the event that the City determines that such use of the Sports Center by
spouse, domestic partner, and dependents of employees adversely impacts the public's access to
MOA- Rohnert Park Employees' Association . July 1, 2004 through June 30, 2007 Page 19
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18.2 Termination Date
This Agreement will terminate on June 30, 2007 unless extended by mutual agreement of the
parties.
19. Succeeding Agreement
Negotiations for the period commencing July 1, 2007 shall begin on or before May 1, 2007, by which time RPEA
shall submit its proposals to the City Manager. Said submittal shall include an estimated percentage decrease or
increase in the cost of same compared to the provisions of this Agreement. City shall, if requested, assist RPEA in
a reasonable manner in providing information to determine the percentage increase.
19.1 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.
19.2 Replacement
In the event of suspension or invalidation of any article or section of this Agreement, City agrees,
that except in an emergency situation, to arrive at a satisfactory replacement for such article or
section.
20. Non - Discrimination
City acknowledges that in receiving the benefits afforded by this Agreement, no person shall in any way be favored
or discriminated against to the extent prohibited by law because of political or religious opinions or affiliations, or
because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability.
21. Personnel Files
Employees or their duly authorized representative have the right to inspect his or her personnel file maintained on
him or her by the City. Employees have the right to respond in writing to anything contained or placed in their
personnel file and any such responses shall become part of the personnel file.
22. Employee Performance Evaluations
22.1 Employee Response
Employees have the right to respond in writing to the evaluation report should they so desire. Said
responses should be submitted to the reviewer no later than thirty (30) days.
23. RPEA Officers
The City agrees to authorize RPEA Officers up to forty (40) hours of paid leave per fiscal year to be used only for
Association business. The forty (40) hours of leave is the total amount in aggregate and may be distributed among
RPEA Officers. Officers shall notify and secure permission from their supervisor for such leave.
MOA- Rohnert Park Employees' Association . July 1, 2004 through June 30, 2007 Page 21
INDEX
A
Adoption Benefit, 12
Alcohol, 18
Alcoholic Beverages and Other Drugs, 18
Off -Duty Hours, 18
Prescription Drugs, 18
Alternate Benefit, 11, 22
Americans with Disabilities Act, 10
C
California Family Rights Act and Family Medical Leave
Act, 10
Call Back Overtime, 5
Catastrophic Leave, 10, 22
Compensation Rate, 5
D
Day of Mourning or Special Observance, 7
Death/Bereavement Leave, 12
Deferred Income Providers, 13
Dental Coverage, 11
Dependent Care Assistance Program, 16
E
Education and Training Reimbursement, 15
Employee Performance Evaluations, 21
Employee Response, 21
F
Fringe Benefit Programs, 8
Fringe Benefits, 8
Alternate Benefit, 11
Funeral Expense Benefit, 12
G
Grievance Policy and Procedure, 19
M
Health Care Tax -Free Dollar Account Program, 16
Health Plan Coverage, 10
Holidays, 6
Holidays for Regular Part-time Employees, 7
Hours of Work, 5
Regular Workweek, 5
L
Life Insurance Coverage, 13
Light or Limited Duty, 10
Longevity Pay, 15
Long -Term Disability Insurance, 12
f►9i
Management Rights, 20
Maximum Compensatory Time, 5
Military Training, 8
Non - Discrimination, 21
01
Observed Holidays, 6
Overtime /Compensatory Time, 5
Call Back Overtime, 5
Compensaton Rate, 5
Exempt Employees, 6
Maximum Conpensatory Time, 5
P
Paternity Leave, 10
Payment to Beneficiary, 10
Payroll Deduction, 17
Deduction of Association Dues, 17
Hold Harmless, 17
Listing of Deductions, 17
Payroll Deduction, 17
Personnel Files, 21
Personnel Rules and Regulations, 20
Proclaimed Holidays, 7
R
Regular Part-time Employees, 8
Regular workweek, 5
Rescinding of Previous Resolutions /Agreements, 20
Residency Bonus, 19
Retired, Deceased and /or Permanently and Totally
Disabled Employees, 13
Retirement Programs, 16
RPEA Officers, 21
S
Salaries & Miscellaneous Pay, 17
Bilingual Pay, 18
MOA- Rohnert Park Employees' Association • July 1, 2004 through June 30, 2007 Page 23
City of
ROHNERT
EMPLOYEE GRIEVANCE PROCEDURE
RESOLUTION NO. 79 -22
TABLE OF CONTENTS
ARTICLE I -
GENERAL PROVISIONS ............................................................... ..............................3
SECTION I
STATEMENT OF PURPOSE .._....._.. .................. ............. ..................
3
SECTION 2
DEFINITIONS .............. ........................................... - .............
3
SECTION3
SCOPE_ .......... ............ ................................... .......... .........._........_.....__....
3
ARTICLE 11-
INFORMAL GRIEVANCE PROCEDURE ................................... ..............................4
SECTION4
GENERAL ........... - ...... .............. ............................... _. _......_......................-
. 4
SECTION 5
STEP ONE- IMMEDIATE SUPERVISOR.--.. .................. ............. _ .......
4
ARTICLE III
— FORMAL GRIEVANCE PROCEDURE ..................................... ..............................5
SECTION 6
GENERAL. ................ .......... _ -............
5
SECTION 7
STEP TWO - INTERMEDIATE SUPERVISOR......__ .....................
5
SECTION H
STEP THREE - DEPARTMENT HEAD ................................................ ...............................
S
SECTION 9
STEP FOUR - CITY MANAGER............. ............................................ ................. ..............
5
SECTION 10
STEP FIVE - GRIEVANCE APPEALS COMMITTEE .............................. ...............................
5
ARTICLE IV - RULES OF PROCEDURE ........................................................... ..............................6
SECTION I I
COMBINING GRIEVANCES ........ ......... :................................................. ........................
6
SECTION 12
WAIVING LEVELS OF REVIEW ........................................................... ..............................6
SECTION 13
TIME LIMITATIONS .-•-••--•--•• .................................................. ...............................
6
SECTION14
TIME OFF..... .. ............... ......................... ...._....... ..._............_........_.....
6
SECTION15
PRIVACY ..... ..................... ................................ .._........._........_....... ...............................
7
ARTICLE V
— GRIEVANCE APPEALS COMMITTEE .................................... ..............................7
SECTION 16
COMPOSITION AND SELECTION ............ ....................
7
SECTION 17
ALTERNATE MEMBERS ...................................................
7
SECTION 18
COMMITTEE PROCEDURE .................... ....... -----. ................... ............_...............
7
ARTICLE VI
— MISCELLANEOUS PROVISIONS ........................................... ...............................
7
SECTION 19
CONSTRUCTION ......................................................... ...............................
- ....._._ 7
SECTION20
SEVERABILITY .................. ........... .........._.....-..................._ ......_........._..............
8
Page 2
RESOLUTION NO. 79 -22
EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK
ARTICLE I — GENERAL PROVISIONS
SECTION 1 STATEMENT OF PURPOSE
It is the purpose of this Resolution to insure:
a. Employee Grievances are heard and resolved fairly and promptly
b. City employees are treated fairly and that their rights are maintained.
c. Grievances are resolved in an effective and orderly manner to insure
uninterrupted city services to the public.
SECTION 2 DEFINITIONS
As used in this Resolution, the following terms shall have the meanings indicated:
a. Appropriate Unit means a unit of employee classes or positions, established
for the purpose of collective representation.
b. City means the City of Rohnert Park.
c. Employee means any city employee, regardless of status.
d. Grievance means a complaint or dispute by an employee, group of employees,
or a recognized employee organization concerning the interpretation or
application of any matter falling within the scope of this grievance procedure.
e. Grievant means the party who has initiated a grievance procedure either
informally or formally.
f. Immediate Supervisor means the individual who immediately assigns,
reviews, or directs the work of an employee.
g. Intermediate Supervisor means the supervisor next above the immediate
supervisor as determined by the department head.
h. Recognized Employee Organization means an employee organization which
has been formally acknowledged by the city as a recognized employee
organization representing employees in an appropriate unit.
i. Working Days means those days on which the city administrative offices are
open for conduct of normal business.
SECTION 3 SCOPE
a. This grievance procedure pertains to application, interpretation, and
noncompliance with memorandums of agreement, council resolutions, city
ordinances, and departmental and city - rules, regulations, and practices
governing wages, seniority, written reprimands, hours, safety, and other terms
and conditions of employment which the city has authority to change and for
which no other appeals procedure is provided. Issues excluded from the scope
of this grievance procedure include those matters which the city has no
authority to change and matters for which alternative appeals procedures have
Page 3
ARTICLE 111 — 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 leveFof 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
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
• recognized employee organization at a grievance procedure, or representing
• 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 4W
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
ff
R
i
t
f
7I
I
RESOLUTION N 80 -140
i
RESOLUTION OF THE COUNCIL OF THE CITY OF
ROHNERT PARK OUTLINING POLICY FOR PROVISION OF FRINGE
BENEFITS TO PERMANENT PART -TIME EMPLOYEES
REAS. the Council finds and determines that it is appropriate to extend
fringe benefits to permanent part -time employees who are employed on a
nd basis, and
LEAS, the Council differentiates between permanent part -time employees
year round and seasonal part-time employees who are employed for six
is or less. and
TEAS, the Council recognizes the city's obligation as a responsible employe:
de the fringe benefits on a pro -rave basis to permanent part -time employees
year round.
SOH, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park
affective immediately the City Manager be and is hereby authorized to extend
xuanent part -time employees who work year round certain fringe benefits subject
M following:
Enrollment in the Public Employees' Retirement System (P.E.R.S.)
Vacation on a pro -rata basis.
Sick leave on a pro -rata basis.
Holiday pay on a pro-rata basis.
Vision care on a pro-rata basis.
Residency bonus on a pro-rata basis.
Non- smoking premium on a pro- -rata basis.
Salary continuation - Standard Life Insurance Company -cn a pro-rata basis.
Life insurance - Standard Life Insurance Company -on a pro- -rata basis.
Health and medical coverage .sac. life insurance- REMIF -on a pro -rata basis.
Dental care benefits on a pro =rata, basis.
Pro -rata basis will be datermdnex 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 contribut:
towards fringe benefits and employee having to put in at least 30 hours
weekly an a regular basis to qualify for the three- fourths city contribut .
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.
For items 8 through ll above, pro -rata basis means the city will contribu
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 50% 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 discre
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 reducin
the part-time employee's required dollar contribution to same. Any
excess unused city's. dollar contribution will remain the city's. Employe
health and medical and dental coverage premium will be calculated based
on the number of employee's dependents covered.
BE IT FURTHER RESOLVED that the C ,Mffirma the city polity of not
extending fringe benefits to seasonal employees who are employed
for six (6) months or less.
DULY AND REGULARLY ADOPTED thi lithr davof'A t, 1980.
NOES: (0) None
ABSENT: (2� Ho Stewart Mayor o—Tempore
ATTESZ: 'wvgnii;incx — ; Laputy Cit; C_ar�c;`(,
a.
r
RESOLUTION NO. 92- 174
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK
APPROVING UPDATED DISABILITY WAGE PLAN
WHEREAS, City staff recognizes the appropriateness of updating certain
employee benefit plans in order to provide for any changes; and
WHEREAS, the City's existing "Disability Wage Plan" was instituted.on August
1, 1972 and has not been updated since that date; and
WHEREAS,_ City staff has conducted a review .of the City's existing
"Disability Wage Plan" pamphlet and feels it is appropriate to update same; and
WHEREAS, revisions have been proposed to said "Disability Wage Plan "; and
WHEREAS, said revisions have been discussed with the employee organizations
as required by the meet and confer laws of the State and said revisions have
received approval by said employee organizations; and
WHEREAS, the Council has reviewed the revised "Disability Wage Plan" and
finds it satisfactory.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Rohnert Park
that the "Disability Wage Plan" as revised and dated October 27, 1992, which is
attached to this resolution and by reference thereto incorporated herein, is
hereby approved.
DULY AND REGULARLY ADOPTED this 27th day of October, 1992.
CITY OF ROHNERT PARK
C,, �y
aOHN a vnaK
Mayor
EST:
Deputy City Clerl
1
ECK AYE HOLLINGSWORTH AYE HOPKINS AYE PEII'. AYE SPIRO AYE
AYES 5 NOES 0 ABSENT 0 ABSTAIN 0
CITY OF
ROHNERT PARK
DISABILITY
WAGE
PLAN
1
TABLE OF CONTENTS
Section Title Page No.
DISABILITY WAGE PLAN
L
Purpose 1
2.
Eligibility 1
3.
Length of Service Schedule 2
4.
Periodic Increase in Benefits 3
5.
Benefits Renewal — 26 Week Rule 3
6.
How Benefits Are Calculated 3
7_
Active Work / Authorized Leave Requirement 3
8.
Proof of Claim 3
9.
Notification Required 3
10.
Absence Reporting 4
11.
Conditions Covered 4
12.
Conditions Not Covered 4
13.
Pregnancy or Maternity Leave 5
14.
Paternity Leave 5
15.
Light or Limited Duty 6
16.
Effect on Vacations 6
17.
Sick Leave Without Pay 6
18.
Holidays During Disability 6
19.
Effect on Retirement 6
20.
Sick Leave Benefits Misuse 6
21.
Temporary Layoffs 7
22.
Long Term Disability 7
23.
Employee Death 7
24.
Changes in Plan 7
25.
Non - Discrimination 7
26.
Additional Information 7
INDUSTRIAL DISABILITIES
1. Separate Schedules 8
2. Effect on Workers' Compensation 8
DISABILITY WAGE PLAN
IAIUCl09164"
One of the greatest concerns of any of us who work at a regular job is the possibility of lost income
during periods when we are prevented from working because of illness or injury. Recognizing this, the
City for many years has continued in full or in part, the pay of regular employees during such periods_ On
August 1, 1972, the standard "sick leave" plan was replaced by a Disability Wage Plan. Effective
this Disability Wage plan was updated and is described in this pamphlet.
The Disability Wage Plan is one of the most important benefits you enjoy as a regular employee, yet it
costs you nothing_ It is a benefit paid for entirely by the City. Your obligation is to notify your
supervisor or the Personnel Office as soon as possible when you become ill or disabled, and to keep them
informed of the date you expect to return to work.
2. ELIGIBILITY
If you are a regular employee, you are eligible for the benefits of this Disability Wage Plan in accordance
with the number of months or years of service, which you have completed, unless you are covered by a
collective bargaining agreement, which provides a separate disability wage plan_
Regular part-time employees shall participate in sick leave benefits proportioned to their fixed work
ratios.
These Disability Wage Plan benefits shall apply to all offices, positions and employment in service of the
City, except:
2.1 Elective officers in the performance of their duties;
2.2 Members of appointive boards, commissions and committees;
2.3 Persons engaged under contract to supply expert, professional technical, or other services;
2.4 Volunteer personnel, such as volunteer auxiliary firefighters and public safety officer;
2.5 City Attorney;
2.6 Limited Service Personnel:
26.1 Temporary or seasonal employees employed by the City.
26.2 Part time employees paid by the hour or day.
Sick leave shall not be considered as a right, which an employee may use at his/her discretion and shall be
allowed only in case of actual sickness or disability. No punitive actions shall be imposed on employees
taking justifiable sick leave. '
4_ PERIODIC INCREASE IN BENEFITS
4,1 At the completion of each employee's (except Public Safety Officers /Community Services Officers
hired after August 1, 1989) established anniversary "year of service ", benefits will be increased in
keeping with the appropriate length of service schedule.
42 For Public Safety Officer /Community Services Officers hired after August 1, 1989, at the
completion of the employee's established monthly anniversary, benefits will be increased in
keeping with the appropriate length of service schedule.
5. BENEFITS RENEWAL — 26 WEEK RULE
Whenever a regular employee has worked twenty -six (26) weeks or more since their last reported
injury/illness, the maximum amount of benefits is renewed automatically in accordance with length of
service_ An employee is always eligible for the maximum amount of scheduled benefits, less any amount
of paid sick leave they have used. (The aforementioned benefits renewal/26 week rule does not apply to
Public Safety Officer /Community Services Officers hired after August 1, 1989.)
6_ HOW BENEFITS ARE CALCULATED
An employee's disability pay will be calculated on the basis of the employee's normal earnings exclusive
of overtime.
7. ACTIVE WORK/AUTHORIZED LEAVE REQUIREMENT
Sick leave benefits shall be earned and accrued to regular employees who are actively working or are
taking leave due to an approved City program or benefit. Sick leave benefits or accruals do not apply to
employees on absences from work for over ninety (90) consecutive days.
8. PROOF OF CLAM
8.1 Employees may be required to support their claim for disability by proper medical evidence. The
City reserves the right to decide when an employee is disabled and when they are able to return to
work on the basis of the advice of physicians employed by, or approved by, the City.
8.2 The City may require an employee to provide a medical doctor's statement prior to permitting the
employee to return to work following the use of any sick leave.
9. NOTIFICATION REQUIRED
When an employee becomes ill or disabled, the employee must give notice immediately to the employee's
supervisor or the Personnel Office. Normally, the employee's sick leave benefits will not start until the
day such notice has been received by the City. Employees are also asked to notify the City as soon as
possible when they expect to return to work. Notice may be given by telephone, letter or message
delivered by a fellow employee. It is important, however, that the employee's supervisor know when the
employee may be expected to return in order that reassignment of temporary replacements may be
handled in an orderly manner_
Y f
13_ PREGNANCY OR MATERNITY LEAVE
13.1 A regular employee shall be entitled to utilize full pay non - industrial sick leave
benefits and other accrued leave on the same basis as other employees who are temporarily
disabled due to a non - industrial illness or injury. For those employees who have over one (1)
year of continuous service, that employee shall be entitled to utilize either accrued full pay
rion- industrial sick leave or a minimum of three (3) weeks accrued half pay non - industrial sick
leave, whichever is greater. Such disability leave on account of normal pregnancy or
childbirth shall not exceed (9) weeks;
A probationary employee having completed less than one (1) year of service shall be entitled to
utilize any accrued half pay non - industrial sick leave benefits and other accrued leave on the
same basis as other employees who are temporarily disabled due to a non - industrial illness or
injury;
13.2 While the employee is on paid leave status, service credits shall continue to accrue and
the City shall continue payments toward group insurance and retirement coverage. Leave shall
commence upon certification from the employee's attending physician that she is no longer
capable of performing the duties of her position without undue risk to herself or other persons;
13.3 In no event shall the employee's paid leave exceed the total of the employee's
accumulated but unused full pay non - industrial sick leave, or as specified, half pay non-
industrial sick leave, and other accrued leave;
13.4 An employee may be absent from employment for a reasonable collective period of
time not to exceed four (4) months (including period of paid sick leave) during the time of
pregnancy and post - pregnancy period. During this period of time, the employee may utilize
any accrued vacation time. Unpaid leave shall be granted only for disability due to the
pregnancy, the subsequent childbirth, or other termination of the pregnancy_ No such absence
without pay shall be granted until the employee has exhausted all accumulated full pay, or as
specified, half pay non - industrial sick leave;
13.5 Upon expiration of approved.leave, an employee shall be reinstated to her former
position or to a comparable one unless reinstatement to the former or comparable position is
not possible because of legitimate business reasons unrelated to the employee's pregnancy;
13.6 An employee may request an unpaid leave of absence (under Section 28.1, City
Manager's Administrative Policy No. 1, Personnel Rules & Regulations) at the conclusion of
her disability /maternity leave. Such leave shall be granted or denied on the same basis as
leaves for other employees.
14. PATERNITY LEAVE
Regular employees may request a paternity leave of absence following the birth of a child in accordance
with any applicable Memorandum of Agreement or Outline of Conditions of Employment_
\f
21. TEMPORARY LAYOFFS
If an employee is receiving disability pay at the time when the employee would otherwise have been
temporarily laid off, the employee's disability pay normally will be continued in accordance with the
length of service schedule, as long as the employee's illness or injury prevents them from working.
Naturally, this provision only applies in the case of temporary layoffs when there is a clear -cut
expectancy that the employee will be recalled to work within a short time.
Any layoff is subject to the American with Disabilities Act (ADA) requirement that the layoff is for the
stated purpose and not a pretext for terminating employee(s) with disabilities.
22. LONG TERM DISABILITY
This Disability Wage Plan, or any other such applicable plan, shall be considered the primary plan and all
benefits therein must be exhausted prior to eligibility for the City's Long Term Disability Plan. For
additional information regarding the City's Long Term Disability Plan contact the Personnel Office.
23. EMPLOYEE DEATH
Upon the death of an employee, any unused sick leave shall not be paid to the employee's surviving
spouse or legal dependents. However, any said unused sick leave may be applied as service credit for the
deceased employee's retirement account. For additional information regarding this matter contact the
Personnel Office or a Public Employees Retirement System representative.
24. CHANGES IN PLAN
City management hopes and expects to continue the Disability Wage Plan indefinitely, but as future
conditions cannot be foreseen, the City reserves the right to change or discontinue this Plan at any time.
Employees may be assured however that only the most serious circumstances would result in the
discontinuance or curtailment of the Plan_
Nothing contained herein shall be deemed to supersede the provisions of any applicable State law, City
ordinance, resolution, rule or regulation. The City retains and has the exclusive decision- making
authority to manage the policies and provisions of this document so long as such exclusive authority is in
conformance with any and all applicable laws and statutes for same.
i►.T Z[91 53691 _WITU "10N.V1134RI
In receiving the benefits afforded by this Disability Wage Plan, no person shall in any way be favored or
discriminated against to the extent prohibited by law because of political or religious opinions or
affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical
or mental disability.
26. ADDITIONAL INFORMATION
Employee's seeking further information regarding the administration of this Plan are welcome to contact
the City's Personnel Office.
l
RESOLUTION NO. 96-203
RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
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 agreed in the meet and confer process with employee groups to establish 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 provide 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.
NOW, THEREFORE, BE IT RESOLVED that
1) the alternate benefit amount shall be established to be the greater of either a flat $150.00 per month or 50
percent of the Employee Plus One premium rate of the lesser premium amount of Kaiser Foundation (S
Coverage) Plan or Health Plan of the Redwoods (Empire Plan);
2) the alternate benefit amount is not salary or compensation and the benefit may only be directed into an
employee's deferred compensation account, CaIPERS 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
patties such as the IRS, CaIPERS, and health insurance providers. Eligibility and continuation of the
Alternate Benefit Program is subject to compliance with applicable laws, rules and contracts.
BE IT FURTHER RESOLVED that the City hereby establishes this alternate benefit program
effective December 1, 1996 and the City Manager is authorized to administer said program.
DULY AND REGULARLY ADOPTED this 26th day of November, 1996.
AYES: (5) Councilmembers
NOES: (0) None
ABSENT: None
CITY OF ROHNERT PARK
-- ��)
4J
Mayor
Eck, Gallagher, Reilly, Spiro, Flores
Y of
)HNERT
ALTERNATE BENEFIT ENROLLMENT FORM
(Please Complete All Information - Print or Type)
EMPLOYEE'S NAME:
Last
Social Security #:
VVAIVER OF COVERAGE
decline coverage for:
First
DOH:
Myself - (If you decline coverage for yourself, you automatically decline coverage for any eligible dependents.)
Middle Initial
am declining coverage because I am currently covered under another employer- sponsored health plan.
Who is the employee /subscriber providing the other plan`
Name of the employer sponsoring the other health plan:
Name of the carrier the other coverage is with:
NROLLMENTFORM
wish to enroll in the City of Rohnert Park's Alternate Benefit Program. 1 understand that I am waiving my health insurance
;overage offered by the City of Rohnert Park for both myself and any eligible dependents. i further understand that I may
)nly obtain health insurance coverage through the City of Rohnert Park's program during the open enrollment period or
Luring the period prior to open enrollment if the coverage described above through another employer- sponsored health
;are plan terminates as a result of any of the following:
- Termination of employment.
- Change in employment status.
- Termination of the other plan's coverage (i.e., the group no longer offers a health plan).
- Cessation of the other employer's contribution toward coverage.
- Divorce or death of the person through whom I am covered as a dependent.
understand that I am entitled to receive $267.04 per month. This amount is not compensation, but a benefit and has to be
lirected to an employee's deferred compensation account, CalPERS service credit, or for the purchase of supplemental life
nsurance and /or any other eligible benefit program approved and authorized by the City.
I.O
Employee's Signature
Date:
Personnel Representative's Signature
\LTERNATE BENEFIT APPLIED TO THE FOLLOWING:
I Deferred Compensation Account
CaIPERS Repayment
:1 Supplemental Life Insurance
I Other -
Employee
RESOLUTION NO. 97- 201
RESOLUTION OF THE CITY COUNCIL OF THE
CM OF ROHNERT PARK THAT IMPLEMENTS THE REPORTING
OF THE.CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS
AS ADDITIONAL COMPENSATION FOR ROHNERT PARK
EMPLOYEES' ASSOCIATION MEMBERS
WHEREAS, the City of Rohnert Paris has the authority to implement Government Code Section 20636
Pursuant to Section 20691;
WHEREAS, the City of Rohnert Park has a written labor agreement, known as the Memorandum of
Agreement With The Rohnert Park Employees' Association, which specifically provides for the inclusion of
normal member contributions paid by the employer on behalf of the members as additional compensation;
WHEREAS, one of the steps in the procedure to implement this section is the adoption by the City
Council of the City of Rohnert Park of a Resolution giving notice of its intention to commence reporting the value
Of employer paid member contributions (ENIPC) as compensation for all members of a group or class;
WHEREAS, the following is a statement of the proposed change in reporting compensation to CalPERS;
The City of Rohnert Park elects to pay 7 % of employees' compensation emmable as Employer Paid
Member Contributions and report the samc 7% of compensation earnable as additional
Compensation.
This benefit shall apply to all employees that are designated members of the Rohnert Park
Employees' Association Employee Organization.
This benefit shall be of ective on January 1, 1998;
NOW, THEREFORE, BE IT. RESOLVED, that the City Council of the City of Rohnert Park shall
implement Government Code Section 20636, pursuant to Section 20691, by paving and reporting the value of
Employer Paid Member Contributions for all employees of the Rohnert Park Employees' Association as indicated
above.
DULY AND REGULARLY ADOPTED this November 10, 1997.
CITY OF ROHNERT PARK -
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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 11th day of December, 2001.
CITY
CITY OF ROHNERT PARK
�9 Mayo
FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTMEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) .
} 7
CATASTROPHIC LEAVE PROGRAM
PAGE 2OF2
The City reserves the right to require the employee to provide medical or other
verification that they have met the criteria established in this policy. While an employee
is utilizing Catastrophic Leave, they do not accrue any vacation or sick leave benefits.
Leave Requests
Any employee who meets the above criteria may submit a request for Catastrophic
Leave through his /her Department Head to the City Manager. The City Manager will
determine eligibility and approve /deny leave requests as outlined in this policy.
Determinations made by the City Manager may be appealed to the Leave Appeal
Committee within ten (10) calendar days of the City Manager's decision. A majority
decision of the Leave Appeal Committee is final and binding.
The Leave Appeal Committee shall consist of one representative from each of the
following bargaining units: Rohnert Park Employees' Association (RPEA), Rohnert Park
Public Safety Officers' Association (RPPSOA), and the Service Employees'
International Union (SEIU).
Leave requests may be approved for up to 480 hours per employee, per catastrophic
need event.
APPROVED BY RESOLUTION NO. 97 -165
AMENDED BY RESOLUTION NO. 01- 270 , DATED 12/11101
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T A B L E O F C O N T E N T S
SECTION
TITLE
PAGE /S
1.
PURPOSE . . . . . . . . . . . . .
1
2.
COVERAGE . . . . . . . . . . . . . . . . .
. . 1
3.
GENERAL PROVISIONS. . . . . . . . . .
. . . . 1 - 2
4.
DISCIPLINARY ACTION . . . . . . . . . .
. . . . 2 - 5
5.
INCOMPATIBLE ACTIVITY . . . . . . . . . .
. . . . 5
6.
CLASSIFICATION. . . . . . . . . . . .
. . . . 5 - 6
7.
PAY PLAN AND COMPENSATION . . . . . . . .
. . . . 6 - 7
8.
ANNOUNCEMENTS OF VACANCIES. . . . . . . .
. . . . 8
9.
APPLICATIONS . . . . . . . . . . . . . . .
. . . . 8 - 9
10.
SELECTION PROCEDURE . . . . . . . . . . .
. . . . 9
11.
ELIGIBLE LISTS. . . . . . . . . . . . .
. . . . 10
12.
APPOINTMENTS . . . . . . . . . . . . . . .
. . . . 10
-13.
TRAINEE PROGRAM . . . . . . . . . . . . .
. . . . 11
14.
PROBATION . . . . . . . . . . . . . .
. . . 11 -
12
15.
TRANSFER . . . . . . . . . . . . . . I . . .
. . . . 12
16.
PROMOTION . . ... . . . . . . . . . . . .
. . . . 12
17.
REASSIGNMENT. . . . . . . . . . . .
. . . 12
18.
SUSPENSION . . . . . . . . . . . . . . . .
. . . . 12
19.
SEPARATION . . . . . . . . . . . . . . . .
. . 12
20.
RESIGNATION . . . . . . . . . . . . . . .
. . . . 13
21.
LAYOFFS . . . . . . . . . . . . . . . .
. . . 13
22.
REINSTATEMENT . . . . . . . . . . . . . .
. . . 13 -
14
23.
OVERTIME . . . . . . . . . . . . . . . . .
. . . 14
24.
HOLIDAYS . . . . . . . . . . . . . . . . .
. . . 15
25.
VACATIONS . . . . . . . . . . . . . . .
. . . . 15 -
16
26.
SICK LEAVE . . . . . . . . . . . . . . .
. . . . 16 -
17
27.
MISCELLANEOUS LEAVES WITH PAY . . . .
. . . . • 17 -
18
28.
LEAVE OF ABSENCE WITHOUT PAY. . . . . .
. . . . 18
29.
PERSONNEL RECORDS . . . . . . . . . .
. . 18 -
19
30.
DESTRUCTION OF RECORDS . . . . . . . . .
. . . . . 19
3.3 All regular appointments shall include a probationary period of not
less than twelve (12) months for miscellaneous employees and not less
than twenty -four (24) months for Public Safety sworn employees.
3.4 Promotional appointments shall include 'a probationary period of not
less than twelve (12) months.
3.5 Employees shall be in good physical condition and shall possess
physical agility and strength commensurate with their job performance
requirements.
3.6 If any outline of conditions of employment or memorandums) of
agreement between a recognized employee organization and the City
conflicts with the provisions of these rules, then the provisions of
the memorandum(s) or outline will prevail.
3.7 The City reserves the right to amend these rules and agrees to meet
and confer with representatives of recognized employee organizations
on those changes that are within the scope of representation.
3.8 Nothing herein shall prevent or restrict the City's right to contract
for performance of expert, professional, technical or any other
services.
3.9 Nothing herein shall prevent or restrict a department head from
issuing departmental rules, policies or regulations needed for the
efficient operation of a City department.
4. DISCIPLINARY ACTION
4.1 Basis: The City may discipline any employee in City service.
Discipline may include discharge, demotion, suspension, reduction in
pay, or oral or written reprimand. Only regular employees shall have
the right to hearing and appeal as described in this section.
4.2 Cause: Causes for discipline of any regular employee may include,
but shall not be limited to, the following:
4.2.1 Incompetence or inefficiency;
4.2.2 Insubordination;
4.2.3 Dishonesty;
4.2.4 Misconduct;
4.2.5 Failure to observe City or Department rules and regulations;
4.2.6 Damage to or waste of public equipment, property or supplies;
4.2.7 Possession of open container, use of, or being under the
influence of alcohol, non - prescription or unauthorized
narcotics or controlled substances during work hours;
4.2.8 Offensive treatment of the public;
4.2.9 Conviction of a felony or misdemeanor involving moral
turpitude where the employee's actions would tend to harm or
bring discredit upon the City or the public service;
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4.4.8 Notice ` that the employee has the right to request a hearing
before the City Manager. Said request for a hearing must be
submitted in writing to the City Manager within ten (10) days
from receipt of the recommendation to impose disciplinary
action.
4.5 Hearing Before City Manager: An employee who requests a hearing in
writing to the City -Manager shall be entitled to an evidencial
hearing with the City Manager with his/her representative and shall
be given the opportunity to rebut the charges against him /her or to
state any mitigating circumstances. The City Manager shall hear and
consider the evidence presented by the department head concerning the
proposed discipline and evidence presented by the employee in defense
of those charges. The City Manager may then either impose, rescind
or modify the proposed disciplinary action.
4.6 Final Notice of Disciplinary Action: Following the determination by.
the City Manager,_ the City Manager shall prepare a Final Notice of
Disciplinary Action, advising the employee of the action to be taken,
its effective date, and the employee's appeal rights.
4.6.1 Disciplinary action shall become effective on the date stated
in the Final Notice of Disciplinary Action, unless the date
is otherwise extended-by the City Manager.
4.6.2 The City Manager shall file a copy of the Final Notice of
Disciplinary Action with the Personnel Office. The Final
Notice of Disciplinary Action shall be delivered personally
to the employee or shall be sent by registered or certified
mail.
4.7 Appeal of Disciplinary Action:
4.7.1 In the event of a demotion, suspension or dismissal, and the
affected employee is not satisfied with the decision rendered
by the City Manager, the employee may appeal the decision.
The employee may appeal disciplinary decisions by filing a
written appeal with the City Council within ten (10) days
following service of the Final Notice of Disciplinary Action.
The written appeal shall contain a written reply to the
charges against the employee and a written request for an
appeal hearing. The employee shall submit a copy of the
appeal to the City Manager.
4.7.2 If an employee submits an appeal, the City Council may
conduct whatever investigation it deems necessary and may, in
its discretion:
a. Deny the appeal;
b. Schedule an appeal hearing before the City Council, or
C. Refer the case to a neutral hearing officer designated by
the City Council to hear the appeal and submit an
advisory decision to the City Council.
d. Take any other action as it deems appropriate.
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6.1.2 Positions in a single class shall be sufficiently alike to
permit the use of a single descriptive title for the class,
the use of substantially the same standards of experience and
education for each such position, and application of the same
pay range to each such position;
6.1.3 A class may include more than one position.
6.2 Each class shall have a specification which includes:
6.2.1 A concise, descriptive title;
6.2.2 A brief definition;
6.2.3 A description of the job duties and responsibilities;
6.2.4 A statement of special requirements;
6.2.5 A statement of desirable qualifications.
6.3 The City Manager will review the duties and responsibilities of
positions and recommend to the City Council:
6.3.1 The creation of new classes, and
6.3.2 The abolition of existing classes.
6.4 The City Manager may upon the City Manager's own initiative, upon the
recommendation- of the department head or upon the request of an
employee, reallocate a position to a different class whenever its
duties change materially, provided the reclassification can be
accomplished within budget limitations.
6.5 When the duties of a position so change that no appropriate class for
it exists, the Personnel Officer shall prepare an appropriate class
specification for it and submit it to the City Council for approval.
6.6 Reclassification of a position may not be used to circumvent the
rules and regulations concerning demotion, promotion or compensation.
7. PAY PLAN AND COMPENSATION
7.1 Any changes in salary rates or salary ranges affecting existing
employees represented by a recognized employee organization shall be
subject to the meeting and conferring process in accordance with
State law.
7.2 Following completion of meeting and conferring, the Personnel Officer
will prepare the pay plan which shall prescribe for each class a flat
rate or salary range. -"
7.3 When a salary range for a class is changed by the City Council, all
employees whose positions are allocated to this class shall be
adjusted to the corresponding step in the new range.
7.4 An employee whose position is moved from one class to another class
with the same salary range shall receive no change in salary.
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8. ANNOUNCEMENTS OF VACANCIES
8.1 Notices of employment opportunities in the City shall be posted in
the City Offices, and publicized in any other way necessary to
attract the best possible qualified candidates.
8.2 Such notices shall list the classes in which vacancies are
anticipated, specify the class title, salary range, the nature of
work performed and the qualifications required for employment in the
class, tell when and where to file applications for employment, and
give information about the selection procedure to be used.
9. APPLICATIONS
9.1 The form by which a person applies for a position with the City shall
be prescribed by the Personnel Officer and shall require information
about the applicant's training, experience, qualifications and
additional information the Personnel officer deems pertinent to an
evaluation of the applicant's fitness for a position.
9.2 Applications for a vacant position shall be filed with the Personnel
Officer on or prior to the closing date for the receipt of
applications as specified in the notice announcing the vacancy.
9.3 The Personnel Officer may disapprove an application, may disqualify
an applicant in an examination, may refuse to place a name on an
eligible list, or may remove a name from an eligible list if the
applicant or eligible:
9.3.1 Lacks any of the requirements established for the examination
or position for which application has been made;
9.3.2 Fails to pass physical or mental examinations or other
requirements by the City;
9.3.3 Is addicted to the use of narcotics;
9.3.4 Uses intoxicating beverages to excess;
9.3.5 Has been convicted of a felony or of a misdemeanor involving
moral turpitude where the applicant's or eligible's offense
would tend to harm or bring discredit upon the City or 'the
public service;
9.3.6 Has made a false statement of material fact on his/her
employment application or has failed to provide all the
pertinent information requested on the application form;
9.3.7 Has been dismissed from previous employment for cause which
would be cause for dismissal under these Rules;
9.3.8 Has directly or indirectly obtained information about an
examination to which, as an application or competitor, he or
she would not be entitled;
r
11. ELIGIBLE LISTS
11.1 After each selection procedure has been completed, the Personnel
Officer shall:
11.1.1 Prepare an eligible list containing the names of applicants
who qualify for appointment to positions in a particular
class;
11.1.2 Place the names of the qualified applicants (eligibles) on
the eligible list in the order of their final ranking, as
determined by the selection process, with the highest rated
eligible at the top of the list.
11.2 The eligible list shall remain in effect' for a period of six (6)
months unless this period is reduced or extended by the Personnel
Officer. In the event of early cancellation of an eligible list, the
Personnel Officer shall notify each person whose name appears on such
list to this effect by mail to his/her last known address.
11.3 The name of an eligible may be removed or withheld from an eligible
list for any of the reasons specified in Section 9:3.
11.4 When a vacancy occurs in a class for which there is an eligible list,
the Personnel Officer shall transmit the top ranking applicants names
on the eligible list to the department head for consideration.
12. APPOINTMENTS
12.1 The power to appoint and dismiss City employees is vested in the
Personnel Officer (City Manager).
12.2 The Personnel Officer may make a provisional appointment to a
position if there is no eligible 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 shall:
12.2.1 Meet the requirements of training and experience established
for the position;
12.2.2 Not be continued for more than thirty (30) days after an
eligible list for the position has been established unless
there are no eligibles on such eligible list who are
available for or wish to be considered for appointment to the
position;
12.2.3 Not serve under provisional appointment for longer than six
(6) months in any twelve (12) month period unless extended by
the Personnel Officer.
12.3 In the event sustained recruitment efforts do not yield- qualified
personnel, the Personnel Officer may appoint persons who do not meet
the desirable education and experience standards established in the
specification for the class.
12.4 In an emergency which threatens life, property, or the operation of
necessary municipal services, the Personnel Officer may employ for
not more than thirty (30) calendar days such persons as are necessary
to meet the emergency.
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14.3.2 If in a position to which he /she has been promoted, be
reinstated at any time to the position from which the
promotion elevated the employee or to a comparable position
without cause.
14.4 An employee who successfully completes a probationary period shall
achieve regular status in his/her class and shall be known as a
regular employee.
15. TRANSFER
On the request of a department head, the Personnel Officer may approve the
transfer of an employee from one position in the City to another such
position in the same class or to another such position in a class with the
same maximum salary provided the position to which the employee is
transferred is one for which he /she possesses the desirable qualifications.
16. PROMOTION
16.1 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 shall be ascertained on the. basis of
information, application forms, tests, examinations, interviews, and
evaluations of the same nature as those authorized for ascertaining
his/her qualifications for initial appointment to a City position.
16.2 In filling a vacancy in a position above the entrance level,
consideration shall first be given to promotion of persons in the
City service at the time the vacancy occurs. However, the Personnel
Officer may recruit from outside when well qualified City employees
are not available to fill the vacancy.
16.3 When a vacancy occurs, the department head may request a list of
names of persons in City employment who qualify for promotion to the
vacant position for consideration.
17. REASSIGNMENT
The City Manager may reassign an employeerovided the employee e lower maximum
salary with the consent of the employee, p P Y possesses the
desirable qualifications for the position to which he /she is reassigned.
Reassignments for disciplinary reasons shall be subject to the provisions of
Section 4.
18. SUSPENSION
An employee may be placed on administrative
investigation of disciplinary charges against
Manager shall give written notice of the leave
comply with the provisions of Section 4.
19. SEPARATION
leave with pay pending
the employee. The City
to the employee, and shall
19.1 An employee may be separated from employment by resignation,
dismissal, retirement, or layoff on account of lack of work or lack
of funds.
19.2 The dismissal for cause of regular employees shall be in accordance
with the provisions of Section 4.
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i
22.1.2 Shall reinstate into the position from which he /she has been
promoted any employee who fails during a promotional
probationary period to serve satisfactorily in a position to
which he /she has been promoted.
22.2 Reinstatement of an employee shall:
22.2.1 Restore the employee to his/her former position or
22.2.2 Place the employee in a position of the same class or a class
comparable to that of his/her former position, and
22.2.3 Restore to the employee his/her previously held balance of
sick leave.
23. OVERTIME
23.1 Overtime hours must be approved in advance by the department head or
other authorized supervisor.
23.2 Overtime shall be kept at the minimum consistent with maintenance of
essential City services.
23.3 Subject to agreement with employee representatives as reflected in
applicable memorandum(s) of agreement or the outline of certain
employment conditions for non - represented employees, compensatory
time off may be granted for those hours required to be worked in
excess of the employee's work week. The. department head shall
authorize such overtime work and shall notify the Personnel Officer
upon such authorization.
23.3.1 The department head shall be responsible for arranging
his/her department so that compensatory time off can be
taken;
23.3.2 The following personnel position classifications shall not be
subject to the compensatory time off- provisions within this
section: City Manager, Director of Administrative
Services /Assistant to the City Manager, Assistant to the City
Manager, Finance Director, Planning Director, Director of
Public Safety., Public Safety Division Commander, Public
Safety Supervisor, City Engineer, Superintendent of Public
Works, Assistant Superintendent of Public Works, Senior
Building Inspector, Recreation Director, and Director of
Performing Arts Center; and any bona fide executive as
qualified under FLSA;
23.3.3 The current memorandum(s) of agreement or outline of certain
conditions of employment will reflect accrual information and
time and manner in :which any payment for unused compensatory
time shall be made.
23.4 On the basis of thb nature of work in a class or conditions of .
employment, the City Manager may designate certain classes as
ineligible for compensation for overtime.
23.5 Upon separation, an employee shall be paid a lump sum for all
outstanding approved and accrued compensatory time.
-14-
J
25.4 Regular part -time employees shall participate in vacation benefits
proportioned to their agreed fixed work ratios.
25.5 Vacation shall be earned monthly, and after the employee has worked
six (6) months, be available to the employee the first day of the
following month, and may be used in amounts of not less than four (4)
hours.
25.6 The times during which an employee may take vacation shall be
determined by the department head, provided that if the requirements
of the City service are such that part or all of the employee's
vacation must be deferred beyond a particular calendar year, the
employee may take the vacation during the following calendar year.
25.7 Employees shall take their normal vacation each year, provided
however that for reasons deemed sufficient by the department head an
employee may take less than the normal vacation one year with a
correspondingly longer vacation the following year.
25.8 In the event an employee is not able to take all the vacation to
which the employee is entitled in a calendar year, the employee shall
be permitted to accumulate the unused portion as a credit, provided
that on January 1 of any calendar year, there shall not be a total
credit of more than thirty (30) days of vacation.
25.9 A legal holiday, as defined in these Rules, that falls during an
employee's vacation shall not be,charged as vacation.
25.10 If the employee becomes sick or injured while on vacation, it will be
counted as vacation time and not sick leave time.
25.11 Upon separation, an employee shall be paid a lump sum for all accrued
vacation that has been earned in accordance with these Rules prior to
the separation.
25.12 The foregoing vacation provisions are subject to modification by
agreement reached in the meeting and conferring process.
26. SICK LEAVE
26.1 If an employee is a regular employee, he /she shall be entitled to
receive regular sick leave with pay and /or credits in accordance with
the current memorandum(s) of agreement or outline of certain
conditions of employment.
26.2 Seasonal or temporary employees shall not participate in sick leave
benefits.
26.3 Regular part -time employees shall participate in sick leave benefits
proportioned to their fixed work ratios.
26.4 Sick leave may be taken for:
26.4.1 An employee's illness or injury. Leave of more than five (5)
days for this reason requires a doctor's certificate
indicating absence from work was necessary. At the City
Manager's discretion, a doctor's certificate may be requested
for illnesses of less than five (5) days;
-16-
L
.27.2.2 While the pregnant employee is on leave status, service
credits shall continue to accrue and the City shall continue
payments toward group insurance and retirement coverage.
Leave shall commence upon certification from the employee's
attending physician that she is no longer capable of
performing the duties of her position without undue risk to
herself or other persons;
27.2.3 In no event shall the employee's paid leave exceed the total
of the employee's accumulated but unused full pay non-
industrial sick leave and other accrued leave;
27.2.4 An employee may be absent from employment for a reasonable
collective period of time not to exceed four (4) months
(including period of paid sick leave) during the time of
pregnancy and post - pregnancy period. During this period of
time, the employee may utilize any accrued vacation leave.
Unpaid leave shall be granted only for disability due to the
pregnancy, the subsequent childbirth, or other termination of
pregnancy. No such absence. without pay shall be granted
until the employee has exhausted all accumulated full pay, or
as specified, half pay non - industrial sick leave;
27.2.5 Upon. expiration of approved leave, an employee shall be
reinstated to her former position or to. a comparable one
unless reinstatement to the former or comparable position is
not possible because of legitimate business reasons unrelated
to the employee's pregnancy;
27.2.6 An employee may request an unpaid leave of absence under
Section 28.1 at the conclusion of her disability. Such leave
shall be granted or denied on the same basis as leaves for
other employees.
27.3 The City will compensate employees for military service leave taken
during the year pursuant to the State of California Military and
Veterans Code.
28.. LEAVE OF ABSENCE WITHOUT PAY
Upon written request of an employee, the City Manager may approve in writing
a leave of absence without pay'for a period not to exceed six (6) months.
29. PERSONNEL RECORDS
29.1 The City shall maintain personnel files for all employees, which
shall contain all records, files and documentation which are used, or
have been used, to determine the employee's qualifications for
employment, promotion, additional compensation or termination or
other disciplinary action.
29.1.1 Upon the request of an employee, the City shall permit the
employee to inspect his or her personnel file, at reasonable
times and at reasonable intervals. The employee may inspect
the original personnel file at the location where it is
stored and at no loss of compensation to the employee;
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