2004/06/08 City Council Resolution (2)RESOLUTION NO. 2004 -135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK APPROVING THE MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION
(RPPSOA)
BE IT RESOLVED by the City Council of the City of Rohnert Park that
certain Memorandum of Agreement dated July 1, 2004, executed by representatives
of the Rohnert Park Public Safety Officers' Association (RPPSOA) and the City
Manager, and covering the period from July 1, 2004 through July 1, 2007, be and
the same is hereby approved.
DULY AND REGULARLY ADOPTED this 8`h day of June 2004.
CITY OF RORNERT PARK
A.
ATTEST:
FLORES: AYE MACKENZIE: NO SPRADLIN: AYE VIDAK MARTINEZ: AYE NORDIN: AYE
AYES: (4) NOES: (1) ABSENT: (0) ABSTAIN: (0)
R
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF ROHNERT PARK
AND THE
ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION
(RPPSOA)
EFFECTIVE JULY 11 2004 - JULY 19 2007
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TABLE OF CONTENTS
1. HOURS OF WORK ...................................................................................................................... ..............................5
1.1
REGULAR WORKWEEK FOR EMPLOYEES ......................................................................................... ..............................5
1.2
DISPATCHERS SHIFT ROTATION .......................................................................................................
..............................5
1.3
PUBLIC SAFETY OFFICER TRAINEES .................................................................................................
..............................5
1.4
POLICE AND FIRE TRAINING DRILLS .................................................................................................
..............................5
1.5
BREAKS AND MEAL BREAKS ............................................................................................................
..............................6
1.6
SHIFT CHANGES ...............................................................................................................................
..............................6
1.7
Lim IT ON HOURS WORKED IN A WORK CYCLE
................................................................................ ..............................6
1.8
SHIFT CHANGE DAY LIGHT SAVINGS TIME ......................................................................................
..............................6
1.9
KELLY PLAN SCHEDULE ...................................................................................................................
..............................6
2. OVERTIME /COMPENSATORY TIME / CALL - OUT / STAND -BY/ COURT ........... ...............................
2.1 OVERTIME ........................................................................................................................................ ..............................7
2.2 COMPENSATORY TIME ..................................................................................................................... ..............................7
2.3 CALL- OUT ........................................................................................................................................ ..............................8
2.4 STAND- BY ...............................................................................................:........................................ ..............................8
2.5 OFF -DUTY COURT APPEARANCE PAY .............................................................................................. ..............................8
3. HOLIDAYS .................................................................................................................................... ..............................8
3.1
OBSERVED HOLIDAYS ...................................................................................................................... ..............................8
12
HOLIDAY PAY .................................................................................................................................. ..............................9
3.3
HOLIDAY PAY FOR DETECTIVES ....................................................................................................... ..............................9
4.
VACATION .................................................................................................................................. .............................10
4.1
VACATION SCHEDULE ..................................................................................................................... .............................10
4.2
MAXIMUM ACCRUAL ...................................................................................................................... .............................10
4.3
ELIGIBILITY FOR NEW HIRES ........................................................................................................... .............................10
4.4
VACATION BENEFITS ....................................................................................................................... .............................10
4.5
SEASONAL OR TEMPORARY EMPLOYEES ......................................................................................... .............................I1
4.6
VACATION SCHEDULE BASED ON SENIORITY .................................................................................. .............................11
4.7
FRINGE BENEFITS FOR PART -TIME EMPLOYEES ............................................................................... .............................11
5.
MILITARY T RAINING .............................................................................................................. .............................I1
6.
FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAY ................................... .............................11
6.1
FRINGE BENEFIT ADMINISTRATION ................................................................................................. .............................11
6.2
INDUSTRIAL INJURY OR ILLNESS ..................................................................................................... .............................11
6.3
SICK LEAVE ..................................................................................................................................... .............................11
6.4
CATASTROPHIC LEAVE .................................................................................................................... .............................12
6.5
PATERNITY LEAVE .......................................................................................................................... .............................12
6.6
FAMILY AND MEDICAL LEAVE ........................................................................................................ .............................12
6.7
LIGHT OR LIMITED DUTY ................................................................................................................ .............................12
6.8
AMERICANS WITH DISABILITIES ACT .............................................................................................. .............................13
6.9
PAYMENT TO BENEFICIARY ............................................................................................................. .............................13
6.10
HEALTH PLAN COVERAGE ............................................................................................................... .............................13
6.11
DENTAL COVERAGE ........................................................................................................................ .............................13
6.12
VISION COVERAGE .......................................................................................................................... .............................14
6.13
ADOPTION BENEFIT ......................................................................................................................... .............................14
6.14
DEATH/BEREAVEMENT LEAVE ........................................................................................................ .............................14
6.15
FUNERAL EXPENSE BENEFIT ........................................................................................................... .............................15
6.16
LONG -TERM DISABILITY INSURANCE .............................................................................................. .............................15
6.17
DISABILITY WAGE PLAN ................................................................................................................. .............................15
6.18
LIFE INSURANCE .............................................................................................................................. .............................15
6.19
DEFERRED INCOME ......................................................................................................................... .............................16
6.20
RETIRED AND /OR PERMANENT AND TOTALLY DISABLED EMPLOYEES ............................................ .............................16
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20.
RESCINDING OF PREVIOUS RESOLUTIONS / AGREEMENTS
........................................ .............................29
21.
TERM OF AGREEMENT .......................................:...................................................................
.............................30
21.1
EFFECTIVE DATE .............................................................................................................................
.............................30
21.2
TERMINATION DATE ........................................................................................................................
.............................30
22.
SUCCEEDING AGREEMENT ..................................................................................................
.............................30
23.
INVALIDATION ..........................................................................................................................
.............................30
23.1
SUSPENSION OF AGREEMENT ..........................................................................................................
.............................30
23.2
REPLACEMENT ................................................................................................................................
.............................30
24
NON- DISCRIMINATION ...........................................................................................................
.............................30
25.
PERSONNEL FILES ..........................................................................:........................................
.............................31
27.
EMPLOYEE ASSOCIATION OFFICERS ............................................................................... .............................31
MOA- Rohnert Park Public Safety Officers' Association . July 1, 2004 through July 1, 2007
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MEMORANDUM OF AGREEMENT
The City of Rohnert Park (City) recognizes the Rohnert Park Public Safety Officers' Association
( RPPSOA) as the labor bargaining and representation unit for Public Safety Sergeants, Public
Safety Officers, Public Safety Dispatchers, Communications Supervisor, Community Services
Officers, Part -Time Dispatchers, and Public Safety Officer Trainees.
Pursuant to Government Code Section 3500 et. seq., the representatives of the RPPSOA and the
representatives of the City have met and conferred and hereby submit their joint recommendation
for salary and benefit compensation for all members of the bargaining unit.
Public Safety Officer Trainees are included in this Memorandum of Agreement with limited terms
and conditions only as specified herein.
1. Hours of Work
1.1 Regular Workweek for Employees
(a) Four (4) consecutive workdays of ten (10) consecutive hours followed by three
(3) consecutive days off shall constitute the primary workweek for all
employees of the bargaining unit, except those assigned to the Fire Division
on the Kelly Plan Schedule and Public Safety Officer Trainees. Employees
required to work more than forty (40) hours or more than four (4) consecutive
workdays during any seven (7) consecutive day period, or work more than the
normal number of hours worked in a single workday shall be paid at time and
one -half his /her regular pay rate as described in Section 2.1. Under special or
unusual circumstances, alternate workweeks can be implemented by the
Director of Public Safety through a side - letter agreement with the RPPSOA
following a Meet and Confer Process. Such side - letter agreements shall
contain a specific expiration date and shall not establish precedent for future
cases. The established work cycle shall commence at 12:01 a.m. on Monday.
(b) In order to provide public safety services to the community at all times during
the day, the City will establish shifts. The City retains the authority to
determine the regular start and end times and days of shifts.
1.2 Dispatchers Shift Rotation
Shifts will be rotated among dispatchers in time intervals at the discretion of the
Director of Public Safety.
1.3 Public Safety Officer Trainees'
Public Safety Officer Trainees' hours of work generally will be to attend and
participate in the Basic Police Academy. City reserves the right to make additional
work assignments.
1.4 Police and Fire Training Drills
Public Safety Sergeants, Public Safety Officers, and Community Service Officers
are required to participate in police or fire training drills unless on approved leave
or previously excused in writing by the Director of Public Safety.
MOA- Rohnert Park Public Safety Officers' Association . July 1, 2004 through July 1, 2007
system. In effect, the pay for each 28 -day work period will be calculated by
dividing the pay referred to above by 13 (the number of work periods in a
year).
(c) RPPSOA members working the Kelly Plan will receive 156 hours of FLSA
overtime (at regular MOA overtime rate) per year (6.5 hours per semi - monthly
payroll). This overtime pay can be credited as comp time earned. This
determination will be made solely at the'discretion of the employee.
(d) The Kelly Plan expansion will be implemented at the discretion of the Public
Safety Director base on available staffing. Credit for overtime that may be
caused by a partial month shall be pro- rated based on the number of days
remaining in that month from the day.of expansion.
(e) Holiday pay, sick time accrual, vacation time accrual, court time off and fire
call out pay during time off will remain unchanged as per the current MOA.
(f) Use of vacation time, sick time and related benefit time off for employees
regularly assigned to the Kelly Plan shall be computed by a ratio of 0.71.
2. Overtime /Compensatory Time /Call- Out/Stand -by /Court
2.1 Overtime
(a) That compensation at time and one -half the employee's regular normal hourly
rate under any of the following circumstances.
1. Work hours over forty (40) hours in any one week.
2. Work hours over the normal number of hours worked in a single workday.
3. Work hours of a workday beyond the normal number of workdays in the
employee's regular work schedule.
(b) Dispatchers in a part -time status shall receive compensation for all hours
worked over ten (10) hours in a shift at the rate of one and one -half times
his /her regular hourly rate of pay.
(c) That compensation at the normal overtime rate will be paid for all mandated
fire drills conducted during employee's off -duty hours.
(d) Compensation for off -duty full -time employees required to answer the fire
service alarm shall be the normal overtime rate with a minimum of three (3)
hours call -out pay at time and one half.
(e) For Public Safety Officer Trainees only — Overtime shall be paid in accordance
with all applicable State and Federal laws.
(f) An employee may petition their supervisor, the management designee or the
Director of Public Safety, in that order, for dispensation from mandatory
overtime on the basis of hardship or other unusual circumstances.
2.2 Compensatory Time
(a) That a maximum of one hundred and forty (140) hours of compensatory time
off may be accrued by mutual agreement of the employee and Director of
Public Safety. (2.3)
MOA- Rohnert Park Public Safety Officers' Association . July 1, 2004 through July 1, 2007
The third Monday in January, "Martin Luther King, Jr. Day" January
17, 2005, January 16, 2006, and January 15, 2007
Friday proceeding "President's Day," February 18, 2005; February 17,
2006, and February 16, 2007
The third Monday in February, "President's Day," February 21, 2005,
February 20, 2006, and February 19, 2007
The last Monday in May, "Memorial Day," May 30, 2005, May 29,
2006, and May 28, 2007
"Independence Day," July 5, 2004, July 4, 2005 and July 4, 2006
The first Monday in September, "Labor Day," September 6, 2004,
September 5, 2005 and September 4, 2006
"State Admission Day," September 9, 2004, September 9, 2005, and
September 8, 2006.
The second Monday in October, "Columbus Day," October 11, 2004,
October 10, 2005, and October 9, 2006
"Veteran's Day," November 11, 2004, November 11, 2005 and
November 10, 2006
The fourth Thursday in November, "Thanksgiving Day," November 25,
2004, November 24, 2005, and November 23, 2006
Day after "Thanksgiving," November 26, 2004, November 25, 2005,
and November 24, 2006
12:00 Noon to 5:00 p.m. on December 23, 2004, December 23, 2005,
and December 22, 2006
"Christmas Day," December 24, 2004, December 26, 2005, and
December 25, 2006
Every day proclaimed by the President, Governor or Mayor of the City
as a public holiday and made applicable to City employees.
Each day that the Governor declares a day of mourning or special
observance as a holiday for State employees if the declaration makes
it applicable to City employees.
3.2 Holiday Pay
Holiday Pay will be paid twice a year, on June 1St and December 1St to those
employees required to work holidays for the holidays worked. Employees can be
required to work as scheduled without any reference to holidays. Holiday pay will
be calculated on a straight time basis and compensated at the rate of up to ten
(10) hours only. City agrees that taxes withheld for Holiday Pay checks will be
annualized to reduce the tax impact on individual checks. Regular part -time
employees will be paid holiday pay based on their designated pro -rata weekly
work schedule.
3.3 Holiday Pay for Detectives
Except upon the approval of the Director of Public Safety, PSOs assigned to the
Detective Division shall not be authorized to work and shall not be paid Holiday
Pay for the following four (4) holidays annually, specifically:
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consecutive days unless on "4850" time or when the employee becomes eligible
for the City's long -term disability program for either industrial or non - industrial
injury or sickness.
4.5 Seasonal or Temporary Employees
Seasonal, seasonal part -time and temporary employees shall not accrue vacation
benefits.
4.6 Vacation Schedule Based on Seniority
Preference for vacation scheduling will be on the basis of seniority within
classification and /or as has been past practice.
4.7 Fringe Benefits for Part -time Employees
Regular part -time employees' fringe benefits shall be as provided in City Council
Resolution No. 80 -140, adopted August 11, 1980, a copy of which is attached
hereto.
5. Military Training
The City grants military leave to all employees for service in a uniformed service in accord
with the Military and Veterans' Code of California and City Resolution No. 2003 -71. The
employee must notify his /her supervisor of upcoming military duty as soon as he /she
becomes aware of his /her obligation. An eligible employee pursuant to the Military and
Veterans Code who is ordered to active military duty or training shall receive the difference
in pay between his /her regular pay and his /her military pay. In addition, the employee shall
have continued benefits. In such cases, the employee shall submit his/her military earning
statement to the Human Resources Department to assist in calculating the employee's
salary. In no event, will the employee be compensated in excess of his /her normal City
salary. Employees will receive any merit and/or general salary increases for which they
become eligible during military leave.
6. Fringe Benefits, Other Than Vacation and Holiday
6.1 Fringe Benefit Administration
City reserves the right to select the insurance carrier(s) or to self- administer any of
the fringe benefit programs provided during the term of this agreement. In the
event that any offered health plan is no longer offered, the City agrees to provide a
suitable replacement health plan that is substantially comparable and agrees to
meet and confer.
6.2 Industrial Injury or Illness
Benefits for bargaining unit members who at any time during their employment
with the City have been classified as safety members may be eligible under
Section 4850 of the California Labor Code and/or City policies for job- related
injuries or illness. Sick leave shall not be used for industrial injury or illness.
6.3 Sick Leave
(a) Sick leave benefits for Public Safety Sergeants, PSOs, and CSOs hired
before August 1, 1989 and dispatchers hired before July 1, 1993 shall be as
provided in the City's most current "Disability Wage Plan," a copy of which is
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employees with the same job classification. Such light or limited duty assignment
shall not affect the employee's job classification or retirement status (i.e. Safety vs.
Non - Safety Retirement). Such light, limited, or modified duty shall terminate when
the employee is physically able to perform all his/her normal work duties.
6.8 Americans with Disabilities Act
The City and RPPSOA recognize that the City has an obligation under law to
comply with the Americans with Disabilities Act (ADA).
6.9 Payment to Beneficiary
Upon death of an employee, any unused vacation and compensatory time shall be
paid to the employee's surviving spouse or beneficiary. In the absence of a spouse
or beneficiary, any unused vacation and compensatory time shall be paid to the
primary beneficiary specified by the employee on the employee's
enrollmenVbeneficiary card for City - provided Life Insurance.
6.10 Health Plan Coverage
Employees will have a choice of Kaiser Foundation Health Plan, Inc., California
North Region (S Coverage); or Blue Cross Prudent Buyer Plan; or any other
appropriate health plan offered by the City.
(a) The City agrees to contribute towards medical insurance premiums the
amount equal to the lesser of the Kaiser Foundation Health Plan, Inc.,
California North Region (S Coverage); or Blue Cross Prudent Buyer Plan
premium.
(b) As a result of any Federal or State law enacted subsequent to the effective
date of this Memorandum of Agreement, the City and RPPSOA agree to meet
and confer in an effort to maintain the level of benefits as provided for in this
Memorandum of Agreement.
(c) 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. Public Safety Officer Trainees shall be excluded from
receiving an Alternate Benefit. City and RPPSOA agree to meet and confer
regarding a revised Alternate Benefit program.
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.
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stepchildren), stepparents, aunts, uncles, grandparents, grandparents -in -law,
grandchildren and relationships in loco- parentis and close personal
relationships with the approval of the City Manager and or his /her designee.
(d) It is mutually agreed by the City and RPPSOA that the City's most current
"Disability Wage Plan" a copy of which is attached hereto, shall be reflect
death and bereavement leave as outlined in this Memorandum of Agreement.
6.15 Funeral Expense Benefit
The City will provide fifty percent (50 %) co- payment, not to exceed $2,000, for
funeral expenses for an employee or the employee's spouse. This funeral benefit
will be considered secondary to and shall be coordinated with any and all other
funeral benefits that may be payable to employee or spouse.
6.16 Long -Term Disability Insurance
(a) Employees represented by this Agreement will obtain his /her long -term
disability insurance coverage from a private PORAC sponsored long -term
disability program.
(b) The City agrees to collect monthly insurance premiums from employees for
private PORAC sponsored long -term disability plan and remit the collected
premium to Myers - Stevens & Company. The City will accomplish collection of
insurance premiums by monthly deductions from the employee's paycheck.
All employees represented by this Agreement must have a signed insurance
premium deduction authorization form on file with the City's payroll office.
RPPSOA will hold the City harmless from any liability or errors resulting from
the collection and remittance of insurance premiums.
(c) Employees represented by this Agreement shall join and maintain his /her
long -term disability insurance with the private PORAC sponsored long -term
disability program, subject to the provisions of the insurance plan.
(d) RPPSOA agrees to indemnify the City, its officers, employees and agents and
hold it harmless against any and all suits, claims demands and liability that
shall arise directly or indirectly out of any action that shall be taken by the City,
its officers, employees and agents from the discontinuance of the long -term
disability plan provided by Standard Insurance, for permitting employees
represented by this Agreement to establish a private long -term disability
insurance plan and pay for it individually through payroll deduction and for
complying with the foregoing sections.
6.17 Disability Wage Plan
The City agrees to work on updating the Disability Wage Plan utilizing an
employee committee, which includes representative (s) from the RPPSOA. It is the
City's intention to have a final draft of the Disability Wage Plan completed no later
than June 30, 2005.
6.18 Life Insurance
(a) The City will provide, at no premium cost to employees, $50,000 life insurance
coverage provided to employees and $1,000 for spouse, domestic partner and
dependents, and which coverage includes accidental death and
dismemberment benefits.
MOA- Rohnert Park Public Safety Officers' Association . July 1, 2004 through July 1, 2007
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3. Are permanently and totally disabled from their occupation and unable
to perform with reasonable continuity the material duties of their own
occupation
After 24 months of 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 hall be discontinued.
Said employees shall be referred to as "Retired Employees" except for the
circumstances noted above in which the employee is no longer permanently or
totally disabled. Coverage will extend to eligible spouse, domestic partner,
and dependents.
(c) To the surviving spouse, domestic partner and legal dependents of a regular
full -time or regular part -time employee who died while a City employee after
ten (10) or more years of continuous service with the City. Said employee
shall be referred to as a "Deceased Employee."
(d) Benefits provided under this section shall be coordinated with Medi -Care,
Medi -Cal, and any other welfare program available of which said benefit
coverage shall be considered primary and City provided coverage in turn
considered secondary.
(e) All benefits provided under this section are subject to the characteristics of
each individual benefit program. The life insurance to be provided will be the
life insurance plan amount in effect and in accordance with the provisions of
the life insurance program as of the date of employee's retirement.
(f) The benefits provided under this section will continue for such retired
employees and their spouse, domestic partner, and legal dependents, if any,
while said retired employee is alive. In the event of the retired employee's
death, coverage will continue for the spouse or domestic partner until the
spouse or domestic partner dies or marries. In addition, the benefits provided
under this section will continue for said retired or deceased employee's legal
dependent children who qualify as an Internal Revenue Service dependent
until said children reach the age of twenty -three (23) or the spouse or
domestic partner marries, whichever occurs earliest.
(g) For regular City employees hired before July 1, 1993, City agrees to pay the
entire appropriate premium cost(s) for City provided /offered medical
insurance; life insurance, dental program, and vision care benefits only for
retired City employees and their spouse, domestic partner and eligible
dependents, as defined herein.
(h) For regular City employees hired after July 1, 1993, City agrees to pay
towards premium cost(s) for City provided /offered medical insurance, life
insurance, dental program, and vision care benefits only for retired City
employees and their spouse, domestic partner and eligible dependents, as
defined herein, a percentage of the appropriate premium cost(s) as follows:
Fifty percent (50 %) of applicable premium costs(s), at the time of retirement or
death as defined herein, for retirees having at least ten (10) years continuous
City service.
Sixty -five percent (65 %) of applicable premium cost(s), at the time of
retirement or death as defined herein, for retirees having at least fifteen (15)
years continuous City service.
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6.21 Clothing Allowance
That the City will provide uniforms to those employees required to wear them. The
City will provide replacement issue uniforms as and when deemed necessary by
the City.
(a) The City will provide a Uniform Maintenance Allowance of two hundred and
forty dollars ($240) per calendar year to be paid monthly.
(b) The Department will provide the necessary Academy uniforms for Public
Safety Officer Trainees.
6.22 Education and Training
The City will provide an education and training assistance program to provide
reimbursement to employees for tuition and book costs only for attending and
completing, with a satisfactory grade (C or better), courses in the adult high school
program, at Santa Rosa Junior College, at Sonoma State University or any other
educational institution acceptable to the City. All courses or classes for which
reimbursement will be requested must be previously approved by the Department
Head. and the City Manager prior to the start of said classes and approval
requested on the appropriate City form. The maximum allowed amount
reimbursable for tuition is one thousand dollars ($1,000) per instructional period
plus books and materials, with a total reimbursable amount not to exceed three
thousand dollars ($3,000) per calendar year.
6.23 Longevity and Incentive Pay (P.O.S.T., Detectives, Motor Officers)
(a) The City will continue to provide longevity pay to employees, based on
continuous years of service (as defined in Section 6.20 (k) 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
1, and July 1 and not on an employee's employment anniversary date.
For employees hired after 10/10/95, the longevity program as outlined above
does not apply. (6.21)
(b) For employees hired after 10/10/95, which are not eligible for longevity pay as
outlined in paragraph (a) above, the following educational pay benefit shall be
provided.
Associates of Arts Degree (AA) $100.00 per month Stipend.
Effective July 1, 2003 Sergeants, PSOs and CSOs shall receive
1.8% of base salary per month Stipend and Dispatchers shall
receive 2.4% of base salary per month Stipend.
Bachelor of Arts or Science Degree (BA or BS) $150.00 per
month Stipend. Effective July 1, 2003 Sergeants, PSOs and
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for Public Safety Officer Trainees, Community Services Officers and
Dispatchers and will allow said payment to be credited to the employee's
account.
(e) The City shall report the employee's contribution, a percentage of the EPMC
to CalPERS as additional compensation for all local safety members of the
RPPSOA.
The City shall report the employee's contribution, a percentage of the EPMC
to CalPERS as additional compensation for Public Safety Officer Trainees,
Community Services Officers, and Dispatchers.
The City will report the value of the EPMC in accordance with all applicable
provisions of the Government Code, law and requirements of the CalPERS.
The City makes no representation concerning the value of this benefit or how
it may be taxed or treated by other agencies both presently or in the future.
The City's obligation under this section is limited to the direct cost of providing
the benefit as described. The City shall assume no further or additional
financial obligation even if an outside agency imposes or determines there to
be a financial obligation for the City or the employee.
6.25 Dependent Care Assistance Program
City will continue to provide the Dependent Care Assistance Program (DCAP) as
authorized by the Internal Revenue Service for the set -aside of employee pre -tax
dollars for childcare as approved by the Internal Revenue Service (IRS) and the
California Franchise Tax Board.
6.26 Health Care Tax -Free Dollar Account Program
City will continue to provide the Health Care Tax -Free Dollar Account Program as
authorized by the Internal Revenue Service for the set -aside of employee pre -tax
dollars for the cost of monthly health care premiums as well as eligible
unreimbursed medical expenses, as approved by the Internal Revenue Service
(IRS) and the California Franchise Tax Board.
7. Agency Shop and Payroll Deductions
7.1 Agency Shop
(a) The RPPSOA may, at its sole discretion, choose to adopt an Agency Shop
pursuant to Government Code Section 3502.5. If adopted, the City will
recognize the Agency shop as applying to all regular full -time and regular part -
time employees represented by the Bargaining Unit.
(b) If the RPPSOA adopts agency shop in Section 7.1 (a) above, then the
following apply:
1. It is recognized that RPPSOA owes the same responsibilities to all
employees in the representation unit, and has a duty to provide fair and
equal representation to all employees in all classes in the unit whether or
not they are members of RPPSOA.
2. All employees in the representation unit, excluding supervisory or
confidential employees who have chosen not to join the RPPSOA
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not taken or on behalf of the City, its officers, employees and agents for the
purpose of complying with the foregoing sections.
8. Safety Equipment
8.1 Replacement Equipment
City will continue to furnish Public Safety Officers with replacement equipment as
needed for the equipment that the City is required to furnish per the Government
Code. Said equipment consists of department- issued weapons, holster, belt and
ammunition, nightstick, handcuffs, safety vests, raincoats and rain boots.
Equipment furnished by City shall remain the property of City with the exception of
any personal purchases made by present officers.
8.2 Personal Equipment
City shall replace, with the Director of Public Safety's approval, any personal
equipment lost, destroyed or damaged beyond repair while used in the line of duty.
Items shall not be replaced if worn because of normal wear and tear.
8.3 Safety Glasses, Contacts, and UV Eye Protection (Sunglasses)
City will reimburse for primary prescription safety glasses or contact lenses to
those employees required by City to wear them. Such employees will not be
entitled to receive a first set of glasses or contact lenses under the general vision
care program referred to in Section 6.12 but may utilize the general vision care
program for subsequent pair(s) of glasses or contact lenses, within the terms of
the program. City will reimburse for sunglasses providing UV protection, not to
exceed one hundred and fifty dollars ($150) per employee per year, for use by
Public Safety Sergeants, PSOs and CSOs authorized to operate Public Safety
vehicles and motorcycles.
9. Salaries & Miscellaneous Pay
9.1 Salary Adjustments
(a) Effective January 1, 2005 the salaries for Community Service Officers,
Dispatchers and Communications Supervisor shall be adjusted by an amount
to be determined by the Bay Area All Urban Workers Consumer Price Index
(CPI) with a minimum salary adjustment of one percent (1 %) and a maximum
salary adjustment of two and nine tenths percent (2.9 %). The amount of the
adjustment will be based upon the highest monthly change in the CPI during
the previous six -month period for which data is available.
(b) Effective January 1, 2006 the salaries for Community Service Officers,
Dispatchers and Communications Supervisor shall be adjusted by an amount
to be determined by the Bay Area All Urban Workers Consumer Price Index
with a minimum salary adjustment of one and one half percent (1.5 %) and a
maximum salary adjustment of two and nine tenths percent (2.9 %). The
amount of the adjustment will be based upon the highest monthly change in
the CPI during the previous six -month period for which data is available.
(c) Effective January 1, 2007 the salaries for Community Service Officers,
Dispatchers and Communications Supervisor shall be adjusted by an amount
to be determined by the Bay Area All Urban Workers Consumer Price Index
with a minimum salary adjustment of two percent (2 %) and a maximum salary
23
MOA- Rohnert Park Public Safety Officers' Association . July 1, 2004 through July 1, 2007
J
1. Fire Engineer shall be defined as any employee who has been fully
qualified both mentally and physically capable to operate one or more
pieces of City owned major Class A firefighting apparatus.
2. Each qualified Fire Engineer must re- certify every two (2) years with both
a written examination and hands -on field test administered by the
Department of Public Safety. Any Public Safety Officer not passing the
entire re- certification process will lose the Fire Engineer Pay increment
until such time as he/she is re- certified.
3. The required hands -on field- testing for Fire Engineer shall be done at
random by lottery, and at any time.
4. Community Services Officers and Dispatchers are not eligible for Fire
Engineer Pay.
9.4 Fire Captain Pay
Employees who are qualified and assigned as Fire Captains and who are regularly
assigned and employed in the performance of duties of Fire Captain in the Fire
Services Division of the Department of Public Safety shall receive an additional
two and half percent (2.5 %) of base salary per month pay (in addition to Engineer
Pay).
(a) The City at its sole discretion shall determine the number of Fire Captains to
be assigned.
(b) Each qualified Fire Captain must re- certify every two (2) years. Any employee
not passing the entire re- certification process will lose the Fire Captain Pay
increment until such time as he /she is re- certified.
9.5 EMT Pay
Employees who are qualified as Emergency Medical Technicians and employed in
the performance of duties of Public Safety Officer shall receive an additional two
percent (2 %) of base salary per month pay.
(a) The City, at its sole discretion, shall determine the number of qualified EMT's
to be assigned and receiving the EMT pay increment.
(b) Each qualified must re- certify every two (2) years. If the EMT status is not
re- certified, the EMT pay increment will be removed.
9.6 Payday
City shall distribute Paychecks to employees by noon on payday.
9.7 Shift Differential
Effective July 1, 2004, Dispatchers shall receive a five percent (5 %) of base salary
per hour shift differential for all hours worked between four (4) p.m. to seven (7)
a.m.
9.8 Communications Training Officer Pay
Dispatchers, who are qualified and regularly assigned by the Director of Public
Safety in the training of new Public Safety Dispatchers during their probationary
MOA- Rohnert Park Public Safety Officers' Association . July 1, 2004 through July 1, 2007 25
1
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RPPSOA agrees to work on updating this section and Physical Fitness program
utilizing a committee. It is the RPPSOA's intention to have a final draft of the
updated program no later than June 30, 2005.
RPPSOA acknowledges the importance of employees maintaining proper physical
and mental condition in order to perform job duties in a manner acceptable to the
City.
Physical Fitness is a voluntary program. RPPSOA members who voluntarily enroll
and successfully "pass" the Physical Agility and Fitness Standards test shall
receive sixteen (16) hours of physical fitness workout compensatory time.
The RPPSOA and City agree that compliance with physical fitness standards are
voluntary and do not carry an intention of the City to terminate an employee solely
for failure to meet physical agility and fitness standards. Fitness for duty provisions
under the Government Code and applicable case law would be the determining
factor on handling of employees determined to be unfit for duty. City can, at any
time, at its option and cost, require a complete physical examination, a physical
agility test, or a weight examination, for any or all employees to determine job
fitness.
This Agreement hereby incorporates Letter of Agreement on Physical Fitness,
dated January 27, 1998.
11.2 Fitness Program
The City and RPPSOA agree that the "Fitness Program" used by City shall be that
as outlined in the attached "Exhibit C."
11.3 Psychological Fitness
RPPSOA acknowledges the importance of employees maintaining proper mental
condition in order to perform job duties in a manner acceptable to the City. City
can, at any time, at its option and cost, require a psychological examination for any
or all employees to determine job fitness. Fitness for duty provisions under the
Government Code and applicable case law would be the determining factor on
handling of employees determined to be unfit for duty.
11.4 Psychological Counseling
Any employee who feels in need of counseling shall be provided same by City
after clearance from the Department Head or Human Resources Department,
which clearance shall be kept in strictest confidence. City at its sole discretion
reserves the right to establish a maximum counseling benefit.
12. Smoking
12.1 Non - smoking Pay Premium
RPPSOA and City recognize the nation -wide concern with use of tobacco and the
relationship it has to disease. City agrees to provide a twenty -five dollar ($25)
monthly pay premium to employees hired before July 1, 1993 and who refrain from
the use of tobacco in any form. Any employees receiving the pay premium for not
using tobacco and whom starts using tobacco shall rebate to the City all
MOA- Rohnert Park Public Safety Officers' Association . July 1, 2004 through July 1, 2007 27
i
f
j
1
16. Other activities requiring payment of a fee can be discussed with the City
Manager for consideration of a waiver of part or the entire fee.
16.2 Performing Arts Center
City agrees to provide each employee with two tickets to a Performing Arts Center
performance during each fiscal year (July to June) at no charge to the employee.
The City will provide employees with a choice of at least four dates.
17. Management Rights
Except as limited in this Memorandum of Agreement and applicable State laws, the
exclusive rights of the City shall include, but not be limited to, the right to determine the
organization of city government and the purpose and mission of its departments and
agencies, to determine the nature, levels and mode of delivery and to set standards of
service to be offered to the public, and through its management officials to exercise control
and discretion over its organization and operations; to establish and effect administrative
regulations which are consistent with law and the specific provisions of this Memorandum
of Agreement; to direct its employees and establish employee performance standards and
to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce
in pay, reprimand, withhold salary increases and benefits, or otherwise discipline
employees subject to the requirements of applicable laws; to lay off its employees
whenever their positions are abolished, or whenever necessary because of lack of work or
lack of funds, or other legitimate reasons; to determine whether goods or services shall be
made, purchased, or contracted for; to determine the methods, means, and numbers and
kinds of personnel by which the City's services are to be provided; including the right to
schedule and assign work and overtime; and to otherwise act in the interest of efficient
service to the City; and to take all necessary actions to protect the public and carry out its
mission in emergencies.
18. Work Curtailment (No Strike Clause)
Under no conditions or circumstances shall the Association or any of the employees it
represents individually or collectively cause, sanction, honor or engage in any strike,
sit -down, stay -in, sick out, slow -down, speed -up, work to rule or in any other type of job
action, curtailment of work, restriction or production or restriction of service during the term
of this agreement.
19. Personnel Rules and Regulations
City Agrees to meet and confer with RPPSOA regarding any updates or changes to its
Personnel Rules and Regulations. The City will amend its Personnel Rules and
Regulations by September 1, 2004 to provide for a procedure that parallels those included
in Government Code Sections 3300 through 3312, the Public Safety Officers Procedural
Bill of Rights, and will apply to non -sworn members of RPPSOA.
20. Rescinding of Previous Resolutions /Agreements
RPPSOA acknowledges that certain provisions of this agreement may conflict with
resolutions currently in effect regarding employee working conditions or benefits. The
provisions of this agreement supersede any previous resolutions or agreements that may
be in conflict with provisions of this agreement as of the effective date of this agreement.
MOA- Rohnert Park Public Safety Officers' Association . July 1, 2004 through July 1, 2007
29
PN
NA
Employee Performance Evaluations
Employees have the right to respond in writing to the evaluation report should they so
desire. Said responses should be submitted to the reviewer no later than thirty (30) days
after the evaluation interview.
Employee Association Officers
The City agrees to authorize a bank of three hundred and twenty (320) hours each fiscal
year for RPPSOA members conducting necessary Association business. The intent for this
Time Bank is to make time available to RPPSOA Board members or RPPSOA Members
designated by the Board to conduct Association business on what would otherwise be on-
duty time or to facilitate a flex in hours from a members normal shift in order to attend a
necessary meeting or conference. Requests for time off under this provision shall first
require the approval of the RPPSOA President or his/her designee and then will be
processed normally as a request for Compensatory Time Off.
=ROERT
47
Carl Eric I nivo, City Manager DA TE
R. P. PUBLICS OFFICERS'
� SO S CI OA)
V ncent Amato, President DATE
Dave Stubblebine,
` 7
ht, ecretary s DAo
a/e Utec
City Council on June 8, 2004.
MOA- Rohnert Park Public Safety Officers' Association . July 1, 2004 through July 1, 2007
31
INDEX
Adoption Benefit, 14
Agency Shop & Payroll Deductions, 21
Agency Shop, 21
Alcohol & Drugs, 26
Alcoholic Beverages or Other Drugs, 26
Off -duty Hours, 26
Prescription Drugs, 26
Special Assignments, 26
Americans with Disabilities Act, 13
Bilingual Dispatchers, 26
Breaks and Meal Breaks, 6
Call -Out, 8
Catastrophic Leave, 12
Clothing Allowance, 19
Compensatory Time, 7
Death/Bereavement Leave, 14
Deferred Income, 16
Dental Coverage, 13
Dependent Care Assistance Program, 21
Disability Wage Plan, 15
Education and Training, 19
Eligibility for New Hires, 10
EMT Pay, 25
0
I:
C
II I'
E
F
Family and Medical Leave, 12
Field Training Officer (FTO) Pay, 24
Fire Captain Pay, 25
Fire Specialty Assignment & Engineer Pay, 24
Fringe Benefit Administration, 11
Fringe Benefits for Part-time Employees, 11
"s
1
MOA- Rohnert Park Public Safety Officers' Association . July 1, 2004 through July 1, 2007 33
I
Off -duty Hours, 26
Overtime, 7
Overtime /Compensatory Time /Call- Out /Stand -by /Court,
Paternity Leave, 12
Payday, 25
Payment to Beneficiary, 13
Deductions, 22
Hold Harmless, 22
Listing of Deductions, 22
Personal Equipment, 23
Personalized Vehicle Program, 28
Personnel Rules and Regulations, 29
Physical and Psychological Fitness, 26
Police and Fire Training Drills, 5
Prescription Drugs, 26
Psychological Fitness, 27
Public Safety Officer Trainees, 5
P
W
Replacement, 30
Replacement Equipment, 23
Rescinding of Previous Resolutions /Agreements, 29
Residency, 28
Retired and /or Permanent and Totally Disabled Employees, 16
Retirement Program, 20
k"
Safety Equipment, 23
Personal Equipment, 23
Safety Glasses, Contacts & UV Eye Protection (Sunglasses), 23
Replacement Equipment, 23
Salaries & Miscellaneous Pay, 23
Salary Adjustments, 23
Seasonal or Temporary Employees, 11
Shift Change Day Light Savings Time, 6
Shift Changes, 6
Sick Leave, 11
Smoking, 27
Employees Hired After July 1, 1993, 28
Non - smoking Pay Premium, 27
Stand -By, 8
Succeeding Agreement, 30
Suspension of Agreement, 30
MOA- Rohnert Park Public Safety Officers' Association . July 1, 2004 through July 1, 2007
35
1a
's
'a
RESOLUTION 80-140
RESOLUTION OF THE COUNCIL OF THE CITY OF
ROHNERT PARK OUTLINING POLICY FOR PROVISION OF FRINGE
BENEFITS TO PERMANENT PART -TIME EMPLOYEES
. the Council finds and determines that it is appropriate to extend
fringe benefits to permanent part-time employees who are employed an a
d basis, and
, the Council differentiates between permanent part -time employees
year round and seasonal part -time employees who are employed for six
the or less. and
, the Council recognizes the city's obligation as a responsible employe
Vida the fringe benefits on a pro-rave basis to permanent part -time employees
odc year round.
THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Paxic
effective immediately the City Manager be and is hereby authorized to extend
part -time employees who work year round certain fringe benefits subjee
following: _
1. Enrollment in the Public Employees' Retirement System (P.E.R.S.)
2. Vacation on a pro -rata basis.
S. Side leave on a pro -rata basis.
4. Holiday pay on a pro-rata basis.
S. Vision care on a pro-rata basis.
.t 6. Residency bonus on a pro -rata basis.
=7. Non- smoking premium on a pro -rata basis.
8. Salary 'continuation- Standard Life Insurance Company -cn a pro-rata basis.
9. Life insurance- Standard Life Insurance Company -on a pro -retta basis.
10. Health and medical coverage anc: life insurance- REMIF -on a pro -rata basis.
11. Dental care benefits on a pro -rata basis.
r 12. Pro -rata basis will be determinex by the amount of time that the employee
regularly works. Pro-ration shall be done on a one -half or three - fourths
basis only with permanent part -time employees having to put in at least
20 hours weekly minimum, on a regular basis to get the half -time contribut
towards fringe benefits and employee having to put in at least 30 hours
weekly out 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.
13. For items 8 through 11 above, pro-rata basis means the city will contribt
towards the premium cost for these fringe benefits on a ratio bears
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
t� 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
r 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':
contribution applied toward the health and medical coverage. thus reducii
the part -time employee's required dollar contribution to same. Any
7 excess unused city's, dollar contribution will remain the city's. Employe
i health and medical and dental coverage premiums will be calculated based
on the number of employee's dependents covered.
BE IT FURTHER RESOLVED that the C #,}ffirms the city policy of not
extending fringe benefits to seasonal employees who are employed
for six (6) months or less.
DULY AND REGULARLY ADOPTED the litM da ',V. A t, 1960.
Mal
NOES: (0) None
ABSENT: (2� Hopkit9 ewart -� 9
Ai ZST: '�uri i,��r�stnr ^ L� DUtY Ci`-
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
1qt ii
Mayor
ECK AYE HOLLINGSWORTH AYE HOPKINS AYE pEU, AYESPIAO AYE
AYES 5 NOES 0 ABSENT O ABSTAIN O
L
1
CITY OF
ROHNERT PARK
DISABILITY
WAGE
PLAN
} i
TABLE OF CONTENTS
Section Title Page No.
DISABILITY WAGE PLAN
1.
Purpose 1
2.
Eligibility 1
1
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
1. PURPOSE
One of the greatest concerns of any of us who work at a regular job is the possibility of lost income
during periods when we are prevented from working because of illness or injury. Recognizing this, the
City for many years has continued in full or in part, the pay of regular employees during such periods. On
August 1, 1972, the standard "sick leave" plan was replaced by a Disability Wage Plan_ Effective
this Disability Wage plan was updated and is described in this pamphlet.
The Disability Wage Plan is one of the most important benefits you enjoy as a regular employee, yet it
costs you nothing_ It is a benefit paid for entirely by the City_ Your obligation is to notify your
supervisor or the Personnel Office as soon as possible when you become ill or disabled, and to keep them
informed of the date you expect to return to work.
2. ELIGIBILITY
If you are a regular employee, you are eligible for the benefits of this Disability Wage Plan in accordance
with the number of months or years of service, which you have completed, unless you are covered by a
collective bargaining agreement, which provides a separate disability wage plan.
Regular part -time employees shall participate in sick 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;
23 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 CLAIM
8.1 Employees may be required to support their claim for disability by proper medical evidence. The
City reserves the right to decide when an employee is disabled and when they are able to return to
work on the basis of the advice of physicians employed by, or approved by, the City.
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.
13_ PREGNANCY OR MATERNITY LEAVE
13.1 A regular employee shall be entitled to utilize full pay non - industrial sick leave
benefits and other accrued leave on the same basis as other employees who are temporarily
disabled due to a non - industrial illness or injury. For those employees who have over one (1)
year of continuous service, that employee shall be entitled to utilize either accrued full pay
non - industrial sick leave or a minimum of three (3) weeks accrued half pay non - industrial sick
leave, whichever is greater. Such disability leave on account of normal pregnancy or
childbirth shall not exceed (9) weeks;
A probationary employee having completed less than one (1) year of service shall be entitled to
utilize any accrued half pay non - industrial sick leave benefits and other accrued leave on the
same basis as other employees who are temporarily disabled due to a non - industrial illness or
injury;
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 Ieave 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 7
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
Iength 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.
25. NON - DISCRIMINATION
In receiving the benefits afforded by this Disability Wage Plan, no person shall in any way be favored or
discriminated against to the extent prohibited by law because of political or religious opinions or
affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical
or mental disability.
26. ADDITIONAL INFORMATION
Employee's seeking further information regarding the administration of this Plan are welcome to contact
the City's Personnel Office_
CITY OF ROHNERT PARK
PUBLIC SAFETY DEPARTMENT
Physical Agility and Fitness Standards Performance Form
P.S.O. Name
Date of Test
I. PHYSICAL AGILITY STANDA
apply to their specific
test as selected must b
standards.
Date of Birth
Age at Test Date
IDS All officers must meet the physical agility standards that
age group as specified below. The performance of each agility
e in accordance with specifications for physical agility testing
II
Examining otticers Lnizrals
On Each Selection Passed
(Must pass 4 out of 6 tests)
PHYSICAL FITNESS STANDARDS (Weight Requirements).: All Officers should meet these
standards. Height will be determined or measured without shoes. Weight may be
measured without shoes and a limited amount of clothing if desired. There will be no
adjustment in total recorded scale weight for clothing allowance. In addition, the
relaxed waist measurement shall not exceed the relaxed chest measurement less 3 inches.
MEN
Type of Agility
Test
Age
Group Requirements
HEIGHT
18 - 40 40 - 50
50 - Over
20
20
10
5
5*
15
15
5
2
2x
10
10
5
1
2T
1. Push Ups
2. Sit Ups
3. Leg Raises
4. Pull Ups
5. Dumbbell Lifts
6.
*(Req. for each arm)
Flexibility
1
1
1
II
Examining otticers Lnizrals
On Each Selection Passed
(Must pass 4 out of 6 tests)
PHYSICAL FITNESS STANDARDS (Weight Requirements).: All Officers should meet these
standards. Height will be determined or measured without shoes. Weight may be
measured without shoes and a limited amount of clothing if desired. There will be no
adjustment in total recorded scale weight for clothing allowance. In addition, the
relaxed waist measurement shall not exceed the relaxed chest measurement less 3 inches.
MEN
Age
18 - 40
40 &
HEIGHT
MIN.Weight
MAX.Weight
Over
5 f 0ll
108
151
154
501"
112
155
158
5'2"
116
159
162
5'3"
120
163
165
5'4"
124
167
170
5'5"
128
171
174
5'6"
132
175
178
517"
136
179
182
5'8"
140
183
186
5'9"
144
187
190
5110"
148
193
196
5'1111
152
198
201
6'0"
156
204
207
6'1"
160
210
213
6'2"
164
216
219
613"
168
222
225
6'4"
172
229
232
6'5"
176
235
238
6'6"
180
241
244
Tested by:
Approved by:
Director of Public Safety
Form No. PER -7 (4/90)
WOMEN
Age 125
- 4U
HEIGHT
MIN.Weight
MAX.Weight
5P0"
101
120
5 1 11t
104
124
5f2"
107
128
513"
110
132
5 14"
113
136
5'5"
117
140
516"
120
144
5 +7"
124
148
5'8"
128
152
519"
132
156
5110"
136
161
5111"
140
166
6'0"
144
177
Officers Measured Height '
Officers Measured Weight lbs
40 &
Over
123
127
131
135
139
143
147
151
155
159
164
169
174
Officers Relaxed Chest Measurement "
Officers Relaxed Waist Measurement "
Officer Passed
Personnel
Failed
City Manager
1
CITY OF ROHNERT PARK
PUBLIC SAFETY DEPARTMENT
Physical Agility and Fitness Standards Performance Form
P.S.O. Name
Date of Test
I. PHYSICAL AGILITY STAND&
apply to their specific
test as selected must b
standards.
Date of Birth
Age at Test Date
IDS All officers must meet the physical agility standards that
age group as specified below. The performance of each agility
e in accordance with specifications for physical agility testing
II. PHYSICAL FITNESS STANDARDS (Weight Requirements): All Officers should meet these
standards. Height will be determined or measured without shoes. Weight may be
measured without shoes and a limited amount of clothing if desired. There will be no
adjustment in total recorded scale weight for clothing allowance. In addition, the
relaxed waist measurement shall not exceed the relaxed chest measurement less 3 inches.
LIEN
Type of Agility
Test
APP
18 - 40
Group Requirements
40 - 50
Examining Officers Initials
On Each Selection Passed
50 - Over (Must pass 4 out of 6 tests)
1.
Push Ups
20
15
10
2.
Sit Ups
20
15
10
3.
Leg Raises
10
5
5
4.
Pull Ups
5
2
1
5.
Dumbbell Lifts
5'^
2*
2a
127
k(Req. for each arm)
116
159
162
6.
Flexibility
1
1
1
II. PHYSICAL FITNESS STANDARDS (Weight Requirements): All Officers should meet these
standards. Height will be determined or measured without shoes. Weight may be
measured without shoes and a limited amount of clothing if desired. There will be no
adjustment in total recorded scale weight for clothing allowance. In addition, the
relaxed waist measurement shall not exceed the relaxed chest measurement less 3 inches.
LIEN
Age
18 - 40
40 &
WOMEN
Age 18
- 40
40 &
HEIGHT
MIN.Weight
MAX.Weight
Over
HEIGHT MIN.Weight
MAX.Weight
Over
5'O"
108
151
154
5'0"
101
120
123
5'1"
112
155
158
5'1"
104
124
127
5'2"
116
159
162
512"
107
128
131
5'3"
120
163
165
5'3"
110
132
135
5'4"
124
167
170
514"
113
136
139
515"
128
171
174
5'S"
117
140
143
5'6"
132
175
178
5'6"
120
144
147
5'7"
136
179
182
5'7"
124
148
151
5'8"
140
183
186
5'8"
128
152
155
5'9"
144
187
190
5'9"
132
156
159
5110"
148
193
196
5'10"
136
161
164
5111"
152
198
201
5111"
140
166
169
6'0"
156
204
207
610"
144
177
174
6'1"
160
210
213
6'2"
164
216
219
6'3"
168
222
225
Officers Measured Height
"
6'4"
172
229
232
Officers Measured Weight
lbs
6'5"
176
235
238
Officers Relaxed
Chest Measurement
"
6'6"
180
241
244
Officers Relaxed
Waist Measurement
"
Tested
by:
Officer Passed
Failed
Approved by:
Director of Public Safety
Form No. PER -7 (4/90)
Personnel
City Manager
EXHIBIT ..L..
CITY OF ltt)IINEIrr 1'ARH
DElIIJXIr MEz F OF PUBLIC: SAFETY
FI'1NTESS ASSESSMI'N7F TEST F.A.'1'.
PURPOSE:
This Fitness Assessment Test (FAT) has been developed to assist Officers in assessing their level of
physical fitness. This physical fitness testing measures cardiovascular endurance, muscular strength
and endurance, flexibility, and body composition.
This is an incentive based test in which an Officer can earn sixteen (16) hours of compensatory time
off, hereinafter referred to as "Fitness Hours."
Members of the Rohnert Park Peace Officer's Association (RPPOA) recognize the necessity of this
type of test for ascertaining and maintaining regular physical fitness.
PAR'1'ICIPA'rION REQUIREMENTS:
Officers participating in this Fitness Assessment Test will first be given a General health and Fitness
Test which measures resting heart rate and resting blood pressure, hereinafter. referred to as
RHR /RBP. The desired RHR /RBP values shall be as recommended by North Bay Corporate Health
Services and no greater value than 140 systolic and 90 diastolic (140/90).
It is highly recommended that Officers obtain an annual physical examination by their personal
physician or participate in the City's annual Wellness Program to help maintain good health and
prevent injury.
TH13, FITN13SS ASSESSHEIVI' TENT (FAT):
This Fitness Assessment Test (FAT) consists of six (6) events, specifically:
1. Cardiopulmonary endurance (12 minutes)
2. Bench press
3. Leg press
4. Sit ups
5. Flexibility
6. Body fat composition
SCORING MENUOD:
This program is based on a point system. Officers accumulate points per event based on their level
of physical fitness. There is a total of thirty-six (36) points possible. An Officer must accumulate a
minimum of twenty -nine (29) points to "pass" this test and qualify for sixteen (16) "Fitness Hours."
The point scale and fitness events are listed on the "Fitness Assessment Test Form."
PAGE 1 (TCD 04/27/94)
><J ?G PRESS:
Purpose: To measure strength and endurance of leg muscles.
'Procedure: Using the upright leg press in the department gym, one repetition required.
Step 1. Lay flat on back in leg press apparatus. Lower back should not extend pass
the edge of pad.
Step 2. Place feet flat on the center of the corresponding foot rests.
Step 3. Push sliding carriage up by pressing both legs up to a fully extended position.
Testing Examiner will disengage safety bars.
Step 4. Bend knees and lower carriage until upper legs and knees are parallel to
ground.
Step 5. Press legs up until legs are fully extended but knees are not locked.
FLEXIIIILY]rY:
Purpose: To measure the flexibility of the muscles in the lower back and hamstrings.
Procedure. Step 1. Remove shoes and sit facing "Sit & Reach Box."
Step 2. Soles of feet should be placed flat against box (on corresponding foot marks),
about four (4) inches apart, knees fully extended.
Step 3. With hands placed on top of each other, fingertips even, extend arms as far as
possible in a smooth motion. Repeat three (3) times, final and third time held
for a count of three (3).
Note: Officers are cautioned to avoid bouncing or jerking movements.
110DY FAT t",t)1( N)SMON:
Purpose: To measure/estimate an Officer's percentage of body fat. The amount of body fat is
directly related to nutrition and exercise.
Procedure: Body fat is determined by three sight caliber testing.
Males: Sum of chest, abdomen, and thigh skinfolds.
Females: Sum of triceps, suprailium, and thigh skinfolds.
*Charts for the above listed tests are included herein.
PAGE 3 (TCD 04/27/94)
City of
ROHNERT
EMPLOYEE GRIEVANCE PROCEDURE
RESOLUTION NO. 79 -22
1 !
TABLE OF CONTENTS
ARTICLE 1 -
GENERAL PROVISIONS ............................................................... ..............................3
SECTION 1
STATEMENT OF PURPOSE ..... ....................... ..... -. ............. ...................................
............ 3
SECTION2
DEFINITIONS ..... ------•--• ............................_......_...........-•--•-............. ._............................_
3
SECTION3
SCOPE .................. ...................... --------............................ ..._......._............_......
_........... 3
ARTICLE II - INFORMAL GRIEVANCE PROCEDURE ................................... ..............................4
SECTION4
GENERAL ........ ........................... --- ................... .._._....................._. .........................._...4
SECTION 5
STEP ONE - IMMEDIATE SUPERVISOR .............................................. ..............................4
ARTICLE III - FORMAL GRIEVANCE PROCEDURE ..................................... ..............................5
SECTION6
GENERAL.. ........ ...... ............ ------- ....................... ..._................_........ ................_._._..._._....
5
SECTION 7
STEP TWO - INTERMEDIATE SUPERVISOR .......................................................................
5
SECTION 8
STEP THREE - DEPARTMENT HEAD ................................................ ........... ....................
5
SECTION 9
STEP FOUR - CITY MANAGER ......................................................... ...............................
5
SECTION 10
STEP FIVE - GRIEVANCE APPEALS COMMITTEE .............................. ...............................
5
ARTICLE IV
- RULES OF PROCEDURE ....... .........................:...................... ..............................6
SECTION I I
COMBINING GRIEVANCES ................. :........................ ................. . ...... ._.._........................
6
SECTION 12
WAIVING LEVELS OF REV) EW .......................................................... ...............................
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
SECTION19
CONSTRUCTION- ...... ........................ ............................................................. ....._..........
7
SECTION20
SEVERABILITY ................................................................................. ...............................
8
Page 2
RESOLUTION NO. 79 -22
EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK
ARTICLE I — GENERAL PROVISIONS
SECTION 1 STATEMENT OF PURPOSE
It is the purpose of this Resolution to insure:
a. Employee Grievances are heard and resolved fairly and promptly
b. City employees are treated fairly and that their rights are maintained.
c. Grievances are resolved in an effective and orderly manner to insure
uninterrupted city services to the public.
SECTION 2 DEFINITIONS
As used in this Resolution, the following terms shall have the meanings indicated:
a. Appropriate Emit 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
`t
t
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 level-of management upon receipt of a formal grievance shall notify the
recognized employee organization (if any) which represents the employees of
the unit from which the grievance originates concerning the times and places of
all grievance proceedings. The highest level of management involved shall
notify the appropriate recognized employee organization(s) in writing prior to
implementation of any grievance settlement which affects the rights or
conditions of employees they represent.
SECTION 7 STEP Two— INTERMEDIATE SUPERVISOR
a. The grievant may appeal the immediate supervisor's decision by completing
Section 2 of the grievance form and filing it with the appropriate intermediate
supervisor within five (5) working days.
b. The intermediate supervisor shall within ten (10) working days investigate the
grievance, discuss the grievance with the grievant and /or representative as
requested, render a decision in writing on the grievance form together with the
reasons therefore, and return the form to the grievant.
SECTION 8 STEP THREE — DEPARTMENT HEAD
a. The grievant may appeal the 'intermediate supervisor's decision by completing
Section 3 of the grievance form and filing it with the appropriate department
head within five (5) working days.
b. The department head shall within ten (10) working days investigate the
grievance, discuss the grievance with the grievant and /or representative as
requested, render a decision in writing on the grievance form together with the
reasons therefore, and return the form to the grievant.
SECTION 9 STEP FOUR — CITY MANAGER
a. The grievant may appeal the department head's decision by completing Section
4 of the grievance form and filing it with the City Manager's office within five (5)
working days.
b. The City Manager or his /her representative shall within ten (10) working days
investigate the grievance, discuss the grievance with the grievant and /or the
grievant's representative as requested, render a decision in writing on the
grievance form together with the reasons therefore, and return the form to the
grievant.
SECTION 10 STEP FIVE GRIEVANCE APPEALS COMMITTEE
a. The grievant may appeal the City Manager's decision by completing Section 5
of the grievance form and filing it with the Personnel Office within ten (10)
working days.
b. Upon receipt of a Step Five appeal, the Personnel Office shall notify the
members of the Grievance Appeals Committee. The Grievance. Appeals
Committee shall then schedule the appeal for hearing not later than ten (10)
working days from the receipt of the grievance and shall forthwith notify the
Page 5
I
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 shalt be. conducted in closed sessions,, except that specified
observers may be admitted by mutual agreement of the parties involved.
ARTICLE V — GRIEVANCE APPEALS COMMITTEE
SECTION 16 COMPOSITION AND SELECTION
The Grievance Appeals Committee shall consist of three members. Each committee member
shall serve for two (2) years and until selection of a successor. Committee members shall be
selected as follows:
a. One city employee selected by recognized employee organizations acting
jointly.
b. One city management member selected by the City Manager.
c. One lay chairperson selected by recognized employee organizations and the
City Manager acting jointly.
SECTION 17 ALTERNATE MEMBERS
An alternate for each of the three (3) principal Grievance Appeals,Committee members shall
be selected to serve for the same - period as that of their respective principals. Alternate
members shall be selected in the same manner as principals except that no alternate
member shall be from the same city department or appropriate unit as his /her respective
principal. Alternate members shall serve in the place of their respective principals when the
principal is unavailable, when the principal abstains from serving, and when the principal is
from the same city department of appropriate unit in which the grievance originates.
SECTION 1 S 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, employes,
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.
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T A B L E O F C O N T E N T S
SECTION
TITLE
PAGE /5
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 . . . . . . . . . . . . . . . . . . . . .
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 memorandum(s) 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;
-2-
z 1
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 bef"ore 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.
-4
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.
Q:fl
i
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;
�l
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 employee to a class with a lower maximum
salary with the consent of the employee, provided the employee possesses the
desirable qualifications for the position to which he /she is reassigned.
Reassignments for disciplinary reasons shall be subject to the provisions of
Section 4.
18. SUSPENSION
An employee may be placed on administrative leave with pay pending
investigation of disciplinary charges against the employee. The City
Manager shall give written notice of the leave to the employee, and shall
comply with the provisions of Section 4.
19. SEPARATION
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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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 :hich any payment for unused compensatory
time shall be made.
23.4 On the basis of the 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.
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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.
O
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;
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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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RESOLUTION NO. 2001 - 270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE,
ACTIVE EMPLOYEES
. WHEREAS, the City has established a system and pool whereby employees of
the City of Rohnert Park may donate and use vacation hours to alleviate financial
hardship in catastrophic circumstances, and
WHEREAS, the City wishes to expand the program to include the donation of
compensatory hours; and
WHEREAS, the City agreed in the meet and confer process with employee
groups to establish a Catastrophic Leave Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Rohnert Park hereby adopts and approves "Exhibit A' hereby attached as it's Amended
Catastrophic Leave Program for eligible active employees.
BE IT FURTHER RESOLVED that the City hereby establishes this Amended
Catastrophic Leave Program and that the City Manager is authorized to administer said
program.
DULY AND REGULARLY ADOPTED this 11' day of December, 2001.
CITY
CITY OF ROHNERT PARK
Mayo
FLORES: AYE REILLY: AVE SPIRO: AVE VIDAK- MARTINEZ: AVE MACKENZIE: AVE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
CATASTROPHIC LEAVE PROGRAM
PAGE 2 OF 2
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), Rohned 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
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, Ca1PERS service credit, or for the purchase of supplemental
life insurance and/or any other eligible benefit program approved and authorized by the City.
3) the City and eligible, active employees are subject to all applicable laws, rules and contracts of third
parties such as the IRS, Ca1PERS, 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
011 • : • .rte -�m14
Mayor
Eck, Gallagher, Reilly, Spiro, Flores
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 . . . . . . . . . . . . . .. . . .
. . . . 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
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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 memorandum(s) 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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y
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;
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11. ELIGIBLE LISTS
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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 poAtion
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 promo.ti.on 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 employee to a class with a lower maximum
salary with the consent of the employee, provided the employee possesses the
desirable qualifications for the position to which he /she 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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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.depar'tment 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 ::hich any payment for unused compensatory
time shall be made..
23.4 On the basis of the 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.
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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 mast 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.
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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;
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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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EX 11T B"
RECITALS:
(1) The Memorandum
Sonoma County 0
employees in the
through June 30,
and confer with
Policy.
January, 1987
SHOP USE POLICY
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6'.
of Agreement between the City of Rohnert Park and the
rganization of Public Employees representing permanent
Department of Public Works for the period July 1, 1986
1989 provides in Paragraph 19 that the City will meet
SCOPE representatives to try and develop a Shop Use
(2) Any use of public property for personal convenience or benefit must be
considered as compensation to the party being benefited since the
City's Code of Ethics provides that no use of City facilities or
equipment will be available to City employees which is not available
to the public generally.
(3) City equipment and the Public Works shop has, in the past, been used by
Public Works employees for their own benefit;" however, when the matter
was brought to the attention of the City Manager, the practice was
terminated because, in his opinion, the situation had gotten out of
hand.
(4) The City administration and the Department of Public Works employees
want to work out a reasonable program for the use of the Public Works
shop for the permanent employees of the Department of Public Works.
If a Shop Policy is to be approved by the City, then the City feels it
should be subject to the following conditions and understandings:
I. The use of shop equipment and material should be restricted to
permanent employees of the Department of Public Works, i.e. those
covered by the Memorandum of Agreement, and the use considered as
additional compensation to those employees.
2. The use will be restricted to work on the motor vehicles of employees
or their immediate families only.
3. Work will be restricted to light mechanical and maintenance ..ork on
vehicles, such as lube and oil changes, safety checks, light mechanical
work, tire repairs, brake replacements, washing, waxing, and cleaning
vehicles. Any 'other uses not falling within this description ^ill
require the prior approval of the Superintendent of Public Works or his
delegate.
4. The shop use will be restricted to the hours of 7:00 a.m. to 8:00 a.m.;
the lunch hour, :.hich is noon to 1:00 p.m.; and from 5 :00 p.m. to 7. :00
P.m. In short, the hours-approved would be: 1 hour before starting
time, the noon hour, gad 2- hours after quitting time.
5. Employees cannot work alone. There must be another Department of
Public Works employee within sight or hearing distance of the employee
working on the vehicle.
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