2004/06/08 City Council Resolution (9)RESOLUTION NO. 2004-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RATIFYING THE
MEMORANDUM OF AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL
UNION (S.E.I.U.) LOCAL 707 (CERTAIN EMPLOYEES IN THE DEPARTMENT OF PUBLIC
WORKS)
BE IT RESOLVED by the City Council of the City of Rohnert Park that the certain
Memorandum of Agreement dated 2004, executed by representatives of the Service Employees
International Union (S.E.I.U.) Local 707 (for certain City employees in the Department of Public
Works) and the City Manager, and covering the period from July 1, 2004 through June 30, 2007,
be and the same is hereby ratified and approved.
DULY AND REGULARLY ADOPTED this 8th day of June 2004.
ATTEST:
CITY OF
tNls
s
FLORES: AYE MACKENZIE: NO SPRADLIN: AYE VIDAK- MARTINEZ AYE NORDIN. AYE
AYES: (4) NOES: (1) ABSENT: (0) ABSTAIN: (0)
MOA - S.E.I. U. Maintenance Workers • July 2004 through June 30, 2007 26
MEMORANDUM OF AGREEMENT
BETWEEN THE
THE CITY OF ROHNERT PARK
AND THE
SERVICE EMPLOYEES INTERNATIONAL UNION
(S.E.I.U.) LOCAL 707 MAINTENANCE WORKERS
EFFECTIVE JULY 11 2004 - JUNE 309 2007
TABLE OF CONTENTS
1. HOURS OF WORK ...................................................................................................................
..............................5
1.1
REGULAR WORKWEEK ........................................................................................................
............................... 5
1.2
REGULAR WORKWEEK FOR EMPLOYEES HIRED AFTER JUNE 30, 1986 ..............................
............................... 5
1.3
WORKDAY FOR ALL EMPLOYEES EMPLOYED AS OF JUNE 30, 1986 .....................................
............................... 5
1.4
REGULAR WORKDAY FOR EMPLOYEES HIRED AFTER JUNE 30, 1986 ................................. ............................... 5
1.5
ALTERNATE WORK SCHEDULE ...........................................................................................
............................... 5
1.6
TEMPORARY ALTERNATE WORK SCHEDULE ......................................................................
............................... 5
2. OVERTIME ..............................................................................................................................
............................... 5
2.1
OVERTIME COMPENSATION RATE .......................................................................................
............................... 6
2.2
COMPENSATORY TIME ..........................................................................................................
.............................6.
2.3
CALL BACK .........................................................................................................................
............................... 6
2.4
OFF-DUTY TIME... ..............................................................................................................................................
6
2.5
WEEKNIGHT STAND -BY PAY ................................................................................................
............................... 6
2.6
WEEKEND AND HOLIDAY STAND -BY PAY ............................................................................
............................... 6
2.7
STAND-BY DUTY WORK ASSIGNMENTS ...............................................................................
............................... 6
2.8
STAND -BY /CALL -OUT MINIMUM PAY ..................................................................................
............................... 7
3. HOLIDAYS
................................................................................................................................
..............................7
3.1
HOLIDAYS OBSERVED .........................................................................................................
............................... 7
3.2
HOLIDAYS FOR REGULAR PART -TIME EMPLOYEES ............................................................
............................... 8
4. VACATION
................................................................................................................................
..............................8
4.1
VACATION SCHEDULE .........................................................................................................
............................... 8
4.2
MAXIMUM ACCRUAL ..........................................................................................................
............................... 8
4.3
ELIGIBILITY FOR NEW HIRES ..............................................................................................
............................... 8
4.4
VACATION BENEFITS ...........................................................................................................
............................... 8
4.5
SEASONAL, SEASONAL PART -TIME AND TEMPORARY EMPLOYEES ...................................
.............................__ 9
4.6
VACATION SCHEDULE BASED ON SENIORITY .......................................................................
............................... 9
4.7
FRINGE BENEFIT FOR PART -TIME EMPLOYEES ...................................................................
............................... 9
5. MILITARY
TRAINING ............................................................................................................
..............................9
6. FRINGE
BENEFITS, OTHER THAN VACATION AND HOLIDAYS ................................. ............................... 9
6.1
FRINGE BENEFIT ADMINISTRATION ....................................................................................
............. ..... ............... 9
6.2
SICK LEAVE ......................................................................................................................
............................... 10
6.3
CATASTROPHIC LEAVE ......................................................................................................
............................... 10
6.4
PATERNITY LEAVE ............................................................................................................
............................... 10
6.5
CFRA AND FMLA ............................................................................................................
............................... 10
6.6
LIGHT OR LIMITED DUTY ..................................................................................................
............................... 10
6.7
AMERICANS WITH DISABILITIES ACT ................................................................................
............................... 11
6.8
PAYMENT TO BENEFICIARY ...............................................................................................
............................... 11
6.9
HEALTH PLAN COVERAGE .................................................................................................
............................... 11
6.10
DENTAL COVERAGE ..........................................................................................................
............................... 11
6.11
VISION COVERAGE ..............................................................................................................
.............................11
6.12
ADOPTION BENEFIT ..........................................................................................................
............................... 12
6.13
DEATH/BEREAVEMENT LEAVE ..........................................................................................
............................... 12
6.14
FUNERAL BENEFIT ............................................................................................................
............................... 12
6.15
LONG -TERM DISABILITY INSURANCE ................................................................................
............................... 12
6.16
SHORT -TERM DISABILITY INSURANCE ...............................................................................
............................... 13
6.17
LIFE INSURANCE ...............................................................................................................
............................... 13
MOA - S. E.I. U. Maintenance Workers . July 2004 through June 30, 2007 II
18.2 TERMINATION DATE .................................................................................................................. .............................22
19. SUCCEEDING AGREEMENT ................................................................................................... .............................22
20. INVALIDATION .......................................................................................................................... .............................22
20.1 SUSPENSION OF AGREEMENT .................................................................................................... .............................22
20.2 REPLACEMENT ........................................................................................................................... .............................23
21. NON - DISCRIMINATION ........................................................................................................... .............................23
22. PERSONNEL FILES .................................................................................................................... .............................23
23. EMPLOYEE PERFORMANCE EVALUATIONS ................................................................... .............................23
23.1 PERFORMANCE EVALUATION .................................................................................................... .............................23
23.2 EMPLOYEE RESPONSE TO PERFORMANCE EVALUATION ......................................................... .............................23
24. SEIU OFFICERS .......................................................................................................................... .............................23
25. SHOP POLICY ............................................................................................................................. .............................23
26. SCRAP METAL FUND ................................................................................................................ .............................23
27. DUMPING PRIVILEGES ............................................................................................................ .............................23
28. TRANSFER RIGHTS ................................................................................................................... .............................24
MOA - S. E. 1. U. Maintenance Workers . July 2004 through June 30, 2007 1v
MEMORANDUM OF AGREEMENT
Pursuant to Government Code Section 35000 et. seq., the Service Employees International Union (S.E.I.U.) Local
707 and the representatives of the City of Rohnert Park have met and conferred and hereby submit their joint
recommendations for compensation and benefit adjustments for represented Rohnert Park City employees in the
Department of Public Works.
1. Hours of Work
1.1 Regular Workweek
The regular workweek for all employees shall be five (5) consecutive workdays, Monday through
Friday. With agreement between an employee and his/her supervisor, the employee may volunteer for
a regular work schedule other than defined in this section.
1.2 Regular Workweek for Employees Hired After June 30, 1986
The regular workweek for an employee hired after June 30, 1986 shall be five (5) workdays. With
agreement between an employee and his /her supervisor, the employee may volunteer for a regular
work schedule other than defined in this section.
1.3 Workday for all Employees Employed as of June 30, 1986
Except as provided for herein, the regular workday for all employees employed as of June 30, 1986
shall consist of eight (8) hours of work commencing at 8 a.m. and ending at 5 p.m. Upon the mutual
agreement of the employee and his /her supervisor, an employee's daily regular work schedule may be
changed to any eight (8) nine (9), or ten (10) hour shift commencing after 6 a.m. and ending no later
than 6 p.m.
1.4 Regular Workday for Employees Hired After June 30, 1986
The regular workday for employees hired after June 30, 1986 shall consist of eight (8), nine (9), or ten
(10) hours of work as may be determined from time to time by mutual agreement of the employee and
his /her supervisor.
1.5 Alternate Work Schedule
In the event the City establishes an alternative work schedule, i.e. swing or graveyard shifts, City
agrees to meet and confer with S.E.I.U. to develop a program for shift differential pay.
1.6 Temporary Alternate Work Schedule
The City may, from time to time, need to schedule work at times other than the regular workweek. In
such instances, the City will establish a "temporary alternate work schedule," that will not exceed two
months in duration. The City will publish the work assignment and temporary alternate work schedule
at least seventy -two (72) hours prior to schedule implementation. Supervisors may request and
employees may voluntarily agree to work according to a temporary alternate work schedule. The
decision by any employee to not volunteer to participate in a temporary alternate work schedule shall
not be cause for any disciplinary action by the City. Among employees that voluntarily agree to a
temporary alternative work schedule, preference and priority of assignment will be made on a seniority
basis. The City agrees to pay employees that volunteer for a temporary alternate work schedule at a
rate equal to one and one half (1'/2) times the employee's regular hourly rate for all hours worked
except the City agrees to pay employees two (2) times the employee's regular hourly rate for all hours
worked between midnight (12:00 a.m.) and 6:00 a.m., and any hours worked on any Saturday, Sunday
or holiday as defined by this agreement.
2. Overtime
MOA - S. E. 1. U. Maintenance Workers . July 2004 through June 30, 2007
2,8 Stand -by /Call -out Minimum Pay
Public Works stand -by /call -outs are subject to a one (1) hour minimum, except that:
(a) Stand -by /call -outs on the weekend, between the hours of 12:00 a.m. and 6:00 a.m., are subject
to a two (2) hour minimum, with a limit of six (6) hours per day; and
(b) Stand -by /call -outs at any time on Easter, Thanksgiving, Christmas Day or New Year's Day are
subject to a two (2) hour minimum.
Any Public Works employee on stand -by who is required to work shall be compensated at one and
one -half (1 1/2) times the employee's base hourly rate, except that:
(a) Any Public Works employee on stand -by who is required to work on a weeknight, between the
hours of midnight (12:00 a.m.) and 6:00 a.m., shall be compensated at two (2) times the
employee's base hourly rate;
(b) Any Public Works employee on stand -by who is required to work on the weekend, between the
hours of midnight (12:00 a.m.) and 6:00 a.m., shall be compensated at two (2) times the
employee's base hourly rate; and
(c) Any Public Works employee on stand -by who is required to work at any time on Easter,
Thanksgiving, Christmas Day, or New Year's Day shall be compensated at two (2) times the
base hourly rate.
3. Holidays
3.1 Holidays Observed
That the employees will receive the following thirteen and one -half (13 -1/2) holidays annually,
specifically:
"New Years Day ", December 31, 2004, January 2, 2006, and January 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
MOA - S. E. t. U. Maintenance Workers . July 2004 through June 30, 2007
1 >
absences from work for over ninety (90) consecutive days whereas the employees become eligible for
the City's long -term disability program for either industrial or non - industrial injury or sickness.
4.5 Seasonal, Seasonal Part -time and 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 as has been
past practice.
4.7 Fringe Benefit 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 Resolutions 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 increased for which they become eligible during military leave.
6. Fringe Benefits, Other Than Vacation and Holidays
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 will agree to meet and confer regarding same.
All benefits provided under this section (Section 6) are subject to the characteristics of each individual
benefit program.
The value or availability of the benefits provided in this Memorandum of Agreement as originally
worded or as amended from time to time may depend on their tax treatment by the State or Federal
government or the decisions of other government agencies or departments, such as, but not limited to,
the Public Employees Retirement System, The City will endeavor to obtain the most favorable
treatment legally possible from these other governmental entities. However, the City makes no
representation concerning the value of such benefits to unit members or how they will be taxed or
otherwise treated by other agencies or departments. The City's obligations under this Memorandum of
Agreement are limited to the direct cost of providing the salary and benefits as described in this
Memorandum of Agreement. The City shall have no additional financial obligation, even if the tax or
other treatment of such salary or benefits by other agencies or departments reduces or eliminates their
value to the employee.
(a) The City will continue all employee benefits and pay the appropriate premiums, as specified in
the applicable section(s) of this agreement, due for an employee out on an authorized leave
while an employee is being compensated by vacation accrued time, compensatory time,
industrial sick leave time and/or non - industrial sick leave time.
MOA - S.E.I. U. Maintenance Workers . July 2004 through June 30, 2007 9
6.7 Americans with Disabilities Act
The City and S.E.W. recognize that the City has an obligation under law to comply with the Americans
with Disabilities Act (ADA).
6.8 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 enrollment/beneficiary card for City provided Life Insurance.
6.9 Health Plan Coverage
Employees will have a choice of Kaiser Foundation Health Plan, Inc., California North Region (S
Coverage); 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 S.E.I.U. 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. City and SEIU agree to meet and
confer regarding a revised Alternate Benefit program.
6.10 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°/x) of the cost of diagnostic and preventative cares.
(b) Eighty -five percent (85 %) of the cost of basic dental services.
(c) Eighty -five percent (85 %) of the cost of crowns and restorations.
(d) Fifty percent (50 %) of the cost of prosthodontics.
(e) Two thousand dollar ($2,000) maximum benefit for dental services per person per year.
(f) Fifty percent (50 %) of the cost of orthodontics with a three thousand five hundred dollar
($3,500) lifetime maximum benefit per person.
6.11 Vision Coverage
That the City will provide, at no premium cost to employees, a 12/12/12 Vision Service Plan with
supplemental coverages for the employee, employee's spouse, domestic partner, and dependents as
generally follows:
MOA - S. E.I. U. Maintenance Workers. July 2004 through June 30, 2007
tt
employee's monthly base pay with a maximum benefit of five thousand three hundred thirty three
dollars ($5,333). In no event shall the employee receive more than full salary. The benefits provided
under this section are subject to the characteristics of the individual program.
(a) The waiting period for the above long -term disability benefits plan shall be ninety (90) days.
6.16 Short -Term Disability Insurance
That the City continue to provide, at no premium cost to employees, the short -term disability program
in accordance with the City's most current "Disability Wage Plan," a copy of which is attached hereto.
6.17 Life Insurance
(a) That the City will continue to provide, at no premium cost to employees, fifty thousand dollars
($50,000) life insurance coverage provided to employees and one thousand dollars ($1,000) for
dependents, and which coverage includes accidental death and dismemberment benefits.
(b) That the City allow, subject to the insurance carrier's approval, any employees to purchase, at
their own cost, additional life insurance coverage under the City's group program.
6.18 Deferred Income
That the City will continue to make available to the employees a deferred income program, now being
administered by National Deferred and International City Management Association (ICMA) or a similar
program with another institution acceptable to City.
6.20 Retired, Deceased andfor Permanently and Totally Disabled Employees
City agrees to provide /offer and pay the appropriate premium(s), as specified in the applicable
secflon(s) of this agreement, for City offered /provided medical insurance, life insurance, dental
program, and vision care benefits only to the following:
(a) To regular full -time and regular part -time employees who have at least ten (10) years of
continuous service with the City and who retire upon reaching retirement age or thereafter and
are receiving a retirement allowance from the California Public Employees' Retirement System
(CaIPERS). Coverage will extend to eligible dependents. Said employees shall be referred to as
"Retired Employees."
(b) To regular full -time or regular part -time employees who:
1. Have at least ten (10) years of continuous service with the City, and;
2. Are retired forthwith from the City of Rohnert Park service into the CalPERS at the time of
permanent or total disability, and;
3. Are permanently and totally disabled from their occupation and unable to perform with
reasonable continuity the material duties of their own occupation.
After twenty-four (24) months, if gainful employment is obtained in an occupation in which the
material duties are reasonably fifted by education, training, experience and compensation to the
occupation at the time of disability, the employee shall no longer be considered permanently
and totally disabled from their occupation. In such circumstances, benefits shall be
discontinued.
(c) Said employees shall be referred to as "Retired Employees" except for the circumstance noted
above in which the employee is no longer permanently and totally disabled. Coverage will extend
to eligible spouse, domestic partner, and dependents.
MOA - S.E.I. U. Maintenance Workers • July 2004 through June 30, 2007
t
(1) Any spouse or domestic partner of a deceased employee or deceased retired employee who is
receiving benefit coverage as provided under this section, becomes employed and is covered
by medical, health, dental or vision care benefits by his /her employer, said coverage provided
by City will be considered secondary to the coverage provided by the spouse's or domestic
partner's employer, and his/her employer's coverage shall be considered primary.
6.21 Clothing Allowance
(a) The City will provide an employee with reimbursement not to exceed two hundred dollars
($200) per occurrence for clothing or personal equipment (excluding jewelry) that has been
destroyed or made otherwise non - usable during the course of employment. The City will
provide an employee with reimbursement not to exceed fifty dollars ($50) for the replacement of
a watch that has been destroyed.
(b) For the term of this agreement, the City will provide each employee with reimbursement, not to
exceed three hundred dollars ($300) per fiscal year, for the cost of work boots upon submittal to
the City of a paid receipt for the boots. City shall establish voucher payment system for boots.
(c) Coveralls - For the term of this agreement, the City agrees to provide and replace when
necessary appropriate coverall's to those City employees the City deems required to wear them
in the performance of their duties, i.e. Maintenance Worker Painter, Equipment Mechanic,
Senior Equipment Mechanic, and employees required to work in the sewer system. Said
coveralls are and shall remain the property of City.
6.22 Education and Training
(a) The City will provide an education and training assistance program to provide reimbursement to
employees for tuition and book costs only for attending and completing, with a satisfactory
grade (C or better), courses in the adult high school program, at Santa Rosa Junior College, at
Sonoma State University or any other educational institution acceptable to the City. All courses
or classes for which reimbursement will be requested must be previously approved by the
Supervisor and the City Manager prior to the start of said classes and approval requested on
the appropriate City form. The maximum allowed amount reimbursable for tuition is one
thousand dollars ($1,000) per instructional period plus books and materials, with a total
reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year.
(b) In recognition of the value to the City of highly qualified employees, the City agrees to establish
a schedule of stipends for employees that obtain certain certificates and licenses by July 1,
2005. The City and S.E.I.U. will meet and confer regarding this schedule, the amount of the
stipends, and the relationship of obtaining certificates and licenses to promotional opportunities
in the Department of Public Works.
6.23 Longevity Pay
That the City continue to provide longevity pay to employees, based on continuous years of
service (as defined in Section 6.20 (i)) as follows
Completed Years Pay Percentage
of Service Increases
5 years 2%
For each year thereafter 1/2%
The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay. The
"completed years of service" will be determined on January 1st and July 1st only and not on an
employee's employment anniversary date.
MOA - S.E.t.U. Maintenance Workers. July 2004 through June 30, 2007 15
3
(d) That, during the term of this agreement, the City will continue to pay the seven percent (7 %)
employee's contribution. to CalPERS and will allow said payment to be credited to the
employee's account.
The City shall report seven percent (7 %) of the EPMC to CalPERS as additional compensation
for all members of S.E.I.U.
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.
6.27 Hearing Aid Benefit
That the City shall reimburse employee only eighty percent (80 %) with a lifetime maximum of nine
hundred dollars ($900.00) for a hearing aid device.
7. Agency Shop and Payroll Deductions
7.1 Agency Shop
City acknowledges that S.E.I.U. Local 707 is the exclusive representative for certain classifications
listed below and that an agency shop arrangement as authorized by State law (Government Code
Section 3502.5) was established pursuant to an election held during a previous contract period. The
agency shop shall apply to all regular full -time and regular part -time Public Works employees except
seasonal and temporary employees including Public Works Services Supervisors, Equipment
Mechanic, Electrician, Arborist, Maintenance Worker II, Maintenance Worker I, and Maintenance
Helper. Public Works' positions designated managerial by City, if any, shall not be subject to this
Agency Shop Agreement.
7.2 SEW Dues Deduction
That S.E.I.U. be provided with monthly payroll deduction of dues, service fees and premium amounts
for insurance programs sponsored by the employee's organization at no cost to the employee
organization.
7.3 Employee Listing
That S.E.I.U. provide the City Manager with a listing of deductions to be made from represented
employees. Said listing will remain in force until amended by S.E.I.U. in writing. S.E.I.U. will hold the
City harmless from any liability for errors resulting from errors on the listing provided by S.E.I.U.
MOA - S.E.I. U. Maintenance Workers. July 2004 through June 30, 2007
9.
Hand bilge pump
(1)
Claw yammer
12' metal tape measure
(1)
4 in 1 screwdriver
8" crescent wrench
1
Slip joint pliers
9" torpedo level
�1�
Utility knife
Hack saw
(1)
Flashlight
Hex key set
1
�8�
Wire brush
Water key for water spigots
18" traffic cones
50' nylon trucking rope
(1)
Orange safety vest
Pair rubber boots
(1)
Hardhat
Rain jacket
1
Rain pants
Protective goggles or glasses
(1)
Protective earphones
(a) City agrees to replace stolerr or damaged City owned tools in a reasonable time period (i.e.
within one (1) month unless an unusual item) and with the approval of a Public Works
Services Supervisor.
(b) It is understood that it is the employee's responsibility to take reasonable care in avoiding
the loss or theft of City-owned tools /equipment.
Salary Adjustments & Miscellaneous Pay
9.1 Salary Adjustments
(a) Effective July 1, 2004, the salaries for employees shall be adjusted by an amount to be
determined by the Bay area All Urban Workers Consumer Price Index (CPI) with a
maximum salary adjustment of two and nine tenths percent (2.9 %). The amount of the
adjustment will be based upon the change in the CPI from April 2003 to April 2004.
(b) Effective July 1, 2005, the salaries for employees shall be adjusted by an amount to be
determined by the Bay area All Urban Workers Consumer Price Index (CPI) with a
maximum salary adjustment of two and nine tenths percent (2.9 %). The amount of the
adjustment will be based upon the change in the CPI from April 2004 to April 2005.
(c) Effective July 1, 2006, the salaries for employees shall be adjusted by an amount to be
determined by the Bay area All Urban Workers Consumer Price Index (CPI) with a
maximum salary adjustment of two and nine tenths percent (2.9 %). The amount of the
adjustment will be based upon the change in the CPI from April 2005 to April 2006. If the
change in the CPI from April 2005 to April 2006 is more than four and nine tenths percent
(4.9 %) the City and S.E.I.U. will meet and confer to determine a salary adjustment greater
than two and nine tenths percent (2.9 %).
9.2 Pay Day
City shall distribute paychecks to employees by noon on payday.
9.3 Fiscal /Budgetary Impacts
(a) If the State of California experiences a fiscal crisis and substantial funds are extracted from
the City or sales tax revenues or other major revenue sources decline to a point where the
City must consider a reduction in staffing, S.E.I.U. agrees to re -open this agreement and
meet and confer to address and discuss salary issues.
MOA - S. E.1. U. Maintenance Workers . July 2004 through June 30, 2007 19
paid non - smoking premium paid by the City to said employee during the immediate twelve (12) months
preceding.
11.2 Non - smoking Status
Employees hired with a condition that they not smoke shall be required to remain non - smokers
throughout their employment. A non - smoker shall not smoke or use any tobacco product either on or
off -duty while employed. An affidavit signed on a periodic basis by employee shall be used to verify
continued non - smoking status.
11.3 Condition of Employment
S.E.W. acknowledges that the City intends to hire new employees with the clearly expressed
condition of employment that they refrain from smoking. S.E.W. acknowledges the City's right to take
appropriate disciplinary actions should any such employee hired after the effective date of this
agreement violate the agreed upon conditions of employment. Prior to final disciplinary action being
taken, City will refer the employee to the employee assistance program for consultation and referral.
11.4 Employees hired after July 1, 1993
S.E.W. acknowledges that due to City's commitment to hiring employees with the clearly expressed
condition of employment that they refrain from smoking, that employees hired after July 1, 1993 shall
not receive a twenty -five dollars ($25) pay premium for not smoking.
12. Residency
All employees are encouraged to reside within the City. For the term of this Memorandum of Agreement, all
employees residing within Rohnert Park shall receive a sixty - dollar ($60) per month residency bonus
beginning effective October 1, 1997. At the discretion of the City Manager, said residency bonus may
increase to no more than sixty -five dollars ($65) per month at any time during the term of this agreement.
13. Grievance Policy and Procedure
Both S.E.W. and City agree to comply with the grievance procedure as outlined in Resolution No. 79 -22,
adopted February 13, 1979, a copy of which is attached hereto. Failure to meet any time line or specifically
comply with any other requirement of the grievance procedure constitutes a specific waiver and is a bar to
further consideration of the grievance.
14. Use of City Facilities
14.1 Sports Center and Lap Swim
Employees and their eligible dependents (as defined both by City requirements and Sports - Center
policy), will be allowed to participate with no fee imposed in open gym time and use the weight room
and locker room facility at the Sports Center when such facilities are open and also participate in the
Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that
such use of the Sports Center by dependents of employees adversely impacts the public's access to
the Sports Center facilities, the parties will re -open this Section 15. 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.
14.2 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.
MOA - S. E. 1. U. Maintenance Workers. July 2004 through June 30, 2007
20.2 Replacement
In the event of suspension or invalidation of any article or section of this agreement, the parties agree,
that except in an emergency situation, to meet and confer within thirty (30) days after such
determination for the purpose of arriving at a mutually satisfactory replacement for such article or
section.
21. Non - Discrimination
City acknowledges that in receiving the benefits afforded by this Memorandum of Agreement, no person
shall in any way be favored or discriminated against to the extend 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.
22. Personnel Files
Employees or their duly authorized representative have the right to inspect his or her personnel file
maintained on him or her by the City. Employees have the right to respond in writing to anything contained or
placed in their personnel file and any such responses shall become part of the personnel file.
23. Employee Performance Evaluations
23.1 Performance Evaluation
Employees shall be provided with a copy of his /her performance evaluation twenty -four (24) hours prior
to the evaluations interview.
23.2 Employee Response to Performance Evaluation
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.
24. SEIU Officers
The City agrees to authorize two (2) job stewards and one (1) alternate to attend to S.E.I.U. business. In no
event shall more than two (2) S.E.I.U. representatives attend to S.E.W. business meetings. Total time spent
shall not exceed forty (40) hours in aggregate in any fiscal year. S.E.W. shall provide a monthly reporting to
the City the names and hours used by S.E.W. officers during City hours. In all cases, the S.E.I.U. officers
shall secure permission from their supervisor before leaving a work assignment.
25. Shop Policy
City will continue. the shop use policy for City employees as referred to in "Exhibit B" dated January 1987,
attached hereto.
26. Scrap Metal Fund
A scrap metal fund is authorized by the City for all proceeds received from the sale of scrap metal pulled
from the garbage by employees. Said proceeds will be used for the purpose of sponsoring employee picnics,
birthday celebrations and other functions approved by the employees and the City. Proper accounting shall
be kept on all receipts and disbursements from said fund.
S.E.W. acknowledges that all garbage /trash, salvage, scrap and scrap metal collected by employees, is the
property of the City. Employees are not entitled to any garbage /trash, salvage, scrap or scrap metal collected
during the course of their work for City.
27. Dumping Privileges
City agrees to work with S.E.I.U. to develop a dumping privileges program for employees.
MOA - S.E.I. U. Maintenance Workers. July 2004 through June 30, 2007 23:
Adoption Benefit, 12
Agency Shop, 17
Agency Shop and Payroll Deductions, 17
Alcohol, 20
Off -duty Hours, 20
Alcoholic Beverages or Other Drugs, 20
Prescription Drugs, 20
Alternate Work Schedule, 5
Americans with Disabilities Act, 11
Basic Tool Kit, 18
Call Back, 6
CFRA and FMLA, 10
Clothing Allowance, 15
Compensatory Time, 6
Condition of Employment, 21
Death/Bereavement Leave, 12
Deferred Income, 13
Dental Coverage, 11
Dependent Care Assistance Program, 17
Dumping Privileges, 23
Education and Training, 15
Effective Date, 22
Eligibility for New Hires, 8
Employee Listing, 17
Employee Performance Evaluations, 23
Performance Evaluation, 23
Employee Response to Performance Evaluation, 23
Fair Representation, 18
Fiscal/Budgetary Impacts, 19
Fringe Benefit Administration, 9
Fringe Benefit For Part-time Employees, 9
Fringe Benefits, Other Than Vacation and Holidays, 9
Funeral Benefit, 12
Grievance Policy and Procedure, 21
Health Care Tax -Free Dollar Account Program, 17
Health Plan Coverage, I I
Hearing Aid Benefit, 17
Hold Harmless, 18
Holidays, 7
Holidays Observed, 7
Holidays That Fall on Saturdays, 7
Holidays That Fall on Sundays, 7
Hours of Work, 5
Invalidation, 22
Replacement, 23
Suspension of Agreement, 22
Life Insurance, 13
Light or Limited Duty, 10
Longevity Pay, 15
Long -Term Disability Insurance, 12, 13
Management Rights, 22
Maximum Accrual, 8
INDEX
Military Training, 9
Non - Discrimination, 23
Non - smoking Pay Premium, 20
Non - smoking Status, 21
Off -duty Hours, 20
Off -duty Time, 6
Overtime, 5
Overtime Compensation Rate, 6
Paternity Leave, 10
Pay Day, 19
Payment to Beneficiary, 11
Performance Evaluation, 23
Personnel Files, 23
Personnel Rules and Regulations, 22
Prescription Drugs, 20
Regular Workday for Employees Hired After June 30,
1986,5
Regular Workweek, 5
Regular Workweek for Employees Hired After June 30,
1986,5
Replacement, 23
Residency, 21
Retired, Deceased and/or Permanently and Totally
Disabled Employees, 13
Retirement Programs, 16
Safety & Work Equipment, 18
Basic Tool Kit, 18
Safety Glasses and Contacts, 18
Safety Items, 18
Salary Adjustments & Miscellaneous Pay, 19
Fiscal /Budgetary Impacts, 19
Pay Day, 19
Scrap Metal Fund, 23
Seasonal, Seasonal Part-time and Temporary Employees,
9
SEIU Dues Deduction, 17
SEIU Membership — Service Fee, 18
SEIU Officers, 23
SEIU Paycheck Deduction, 18
SEIU Required Membership, 18
Shop Policy, 23
Sick Leave, 10
Smoking, 20
Condition of Employment, 21
Employees hired after July 1, 1993, 21
Non - smoking Pay Premium, 20
Non- smoking Status, 21
Stand -by Duty Work Assignments, 6
Stand -by /Call -out Minimum Pay, 7
Succeeding Agreement, 22
Suspension of Agreement, 22
Term of Agreement, 22
MOA - S. E, I. U. Maintenance Workers. July 2004 through June 30, 2007 l')
City of
ROHNERT
EMPLOYEE GRIEVANCE PROCEDURE
RESOLUTION NO. 79 -22
7
TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS ............................................................... ..............................3
SECTION I STATEMENT OF PURPOSE ... ..................... ........ .................... _.................._.._....... 3
SECTION 2 DEFINITIONS ............................•-----..._................. .............. 3
SECTION 3 SCOPE ...................... .•-- •-- _.. ................... 3
ARTICLE II - INFORMAL GRIEVANCE PROCEDURE ................................... ..............................4
SECTION 4 GENERAL ---•- •......-•-- ................... .. ..................... 4
SECTION 5 STEP ONE — IMMEDIATE SUPERVISOR .............................................. ..............................4
ARTICLE III - FORMAL GRIEVANCE PROCEDURE .................................... ............................... 5
SECTION 6 GENERAL .......... ................ .............. - — ............. 5
SECTION 7 STEP TWO— INTERMEDIATE SUPERVISOR.._ .................................... ............................... 5
SECTION 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 REVIEW .......................................................... ............................... 6
SECTION 13 TIME LIMITATIONS .......................................................................... ............................... 6
SECTION14 TIME OFF ......................................................................................... ............................... 6
SECTION15 PRIVACY....--• .................................................................................... ..............................7
ARTICLE V — GRIEVANCE APPEALS COMMITTEE .................................... ..............................7
SECTION 16 COMPOSITION AND SELECTION ........................................................ ............................... 7
SECTION 17 ALTERNATE MEMBERS .................................................................... ............................... 7
SECTION 18 COMMITTEE PROCEDURE ........... ...................................................... ............................... 7
ARTICLE VI — MISCELLANEOUS PROVISIONS ............................................ ..............................7
SECTION19 CONSTRUCTION .........--• ................................................................... ............................... 7
SECTION20 SEVERABILITY ..._ ........................................•---..._............._.............. ............................... 8
Page 2
RESOLUTION NO. 79 -22
EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK
ARTICLE I — GENERAL PROVISIONS
SECTION 1 STATEMENT OF PURPOSE
It is the purpose of this Resolution to insure:
a_ Employee Grievances are heard and resolved fairly and promptly
b. City employees are treated fairly and that their rights are maintained.
c. Grievances are resolved in an effective and orderly manner to insure
uninterrupted city services to the public.
SECTION 2 DEFINITIONS
As used in this Resolution, the following terms shall have the meanings indicated:
a_ Appropriate Unit means a unit of employee classes or positions, established
for the purpose of collective representation.
b. City means the City of Rohnert Park.
c. Employee means any city employee, regardless of status.
d_ Grievance means a complaint or dispute by an employee, group of employees,
or a recognized employee organization concerning the interpretation or
application of any matter falling within the scope of this grievance procedure.
e. Grievant means the party who has initiated a grievance procedure either
informally or formally.
f. Immediate Supervisor means the individual who immediately assigns,
reviews, or directs the work of an employee.
g. Intermediate Supervisor means the supervisor next above the immediate
supervisor as determined by the department head.
h. Recognized Employee Organization means an employee organization which
has been formally acknowledged by the city as a recognized employee
organization representing employees in an appropriate unit.
i. Working Days means those days on which the city administrative offices are
open for conduct of normal business.
SECTION 3 SCOPE
a. This grievance procedure pertains to application, interpretation, and
noncompliance with memorandums of agreement, council resolutions, city
ordinances, and departmental and. city rules, regulations, and practices
governing wages, seniority, written reprimands, hours, safety, and other terms
and conditions of employment which the city has authority to change and for
which no other appeals procedure is provided. Issues excluded from the scope
of this grievance procedure include those matters which the city has no
authority to change and matters for which alternative appeals procedures have
Page 3
s
ARTICLE III — FORMAL GRIEVANCE PROCEDURE
SECTION 6 GENERAL
a. All the formal grievances shall be in writing. A supply of grievance forms shall
be maintained in each department and shall be readily accessible to all
employees and recognized employee organizations.
b. Each level-of management upon receipt of a formal grievance shall notify the
recognized employee organization (if any) which represents the employees of
the unit from which the grievance originates concerning the times and places of
all grievance proceedings. The highest level of management involved shall
notify the appropriate recognized employee organization(s) in writing prior to
implementation of any grievance settlement which affects the rights or
conditions of employees they represent.
SECTION 7 STEP TWO — INTERMEDIATE SUPERVISOR
a. The grievant may appeal the immediate supervisor's decision by completing
Section 2 of the grievance form and filing it with the appropriate intermediate
supervisor within five (5) working days.
b. The intermediate supervisor shall within ten (10) working days investigate the
grievance, discuss the grievance with the grievant and /or representative as
requested, render a decision in writing on the grievance form together with the
reasons therefore, and return the form to the grievant.
SECTION 8 STEP THREE — DEPARTMENT HEAD
a. The grievant may appeal the intermediate supervisor's decision by completing
Section 3 of the grievance form and filing it with the appropriate department
head within five (5) working days.
b. The department head shall within ten (10) working days investigate the
grievance, discuss the grievance with the grievant and /or representative as
requested, render a decision in writing on the grievance form together with the
reasons therefore, and return the form to the grievant.
SECTION 9 STEP FOUR — CITY MANAGER
a. The grievant may appeal the department head's decision by completing Section
4 of the grievance form and filing it with the City Manager's office within five (5)
working days.
b. The City Manager or his /her representative shall within ten (10) working days
investigate the grievance, discuss the grievance with the grievant and /or the
grievant's representative as requested, render a decision in writing on the
grievance form together with the reasons therefore, and return the form to the
grievant.
SECTION 10 STEP FIVE — GRIEVANCE APPEALS COMMITTEE
a. The grievant may appeal the City Manager's decision by completing Section 5
of the grievance form and filing it with the Personnel Office within ten (10)
working days.
b. Upon receipt of a Step Five appeal, the Personnel Office shall notify the
members of the Grievance Appeals Committee. The Grievance Appeals
Committee shall then schedule the appeal for hearing not later than ten (10)
working days from the receipt of the grievance and shall forthwith notify the
Page 5
j
b. Reasonable time off from usual duties shall be accorded to employees for the
purposes of meeting with employee representatives, preparing and
investigating grievances, presenting grievances, serving as a representative of
a recognized employee organization at a grievance procedure, or representing
a grievant, provided that before leaving his /her usual duties the employee shall
obtain permission from the immediate supervisor involved. Such permission
shall not be unreasonably withheld.
SECTION 15 PRIVACY
All grievance procedures shall be conducted in closed sessions, except that specified
observers may be admitted by mutual agreement of the parties involved.
ARTICLE V — GRIEVANCE APPEALS COMMITTEE
SECTION 16 COMPOSITION AND SELECTION
The Grievance Appeals Committee shall consist of three members. Each committee member
shall serve for two (2) years and until selection of a successor. Committee members shall be
selected as follows:
a. One city employee selected by recognized employee organizations acting
jointly.
b. One city management member selected by the City Manager.
c. One lay chairperson selected by recognized employee organizations and the
City Manager acting jointly.
SECTION 17 ALTERNATE MEMBERS
An alternate for each of the three (3) principal Grievance Appeals Committee members shall
be selected to serve for the same- period as that of their respective principals. Alternate
members shall be selected in the same manner as principals except that no alternate
member shall be from the same city department or appropriate unit as his /her respective
principal. Alternate members shall serve in the place of their respective principals when the
principal is unavailable, when the principal abstains from serving, and when the principal is
from the same city department of appropriate unit in which the grievance originates.
SECTION 18 COMMITTEE PROCEDURE
The Grievance Appeals Committee shall meet on call of its chairperson or of the Personnel
Office. Deliberations of the committee shall be informal and shall provide a full and fair
hearing of the grievance and proposed solutions. The city shall provide the committee with
suitable facilities and reasonable secretarial support. Each party shall bear its own costs for
any expenses involved in calling witnesses or producing desired evidence.
ARTICLE VI — MISCELLANEOUS PROVISIONS
SECTION 19 CONSTRUCTION
This resolution shall be administered and construed as follows:
a. Nothing in this resolution shall be construed to deny to any person, employee,
organization, the city, or any authorized officer, body or other representative of
the city, the rights, powers and authority granted by Federal or State law.
Page 7
RESOLUTION 80 -14o
RESOLUTION OF THE COUNCIL OF THE CITY OF
ROHKERT PARK OUTLINING POLICY FOR PROVISION OF FRINGE
BENEFITS TO PERMANENT PART -TINE EMPLOYEES
the Council finds and determines that it is appropriate to extend
fringe benefits to permanent part-time employees who are employed on a
d basis, and
the Council differentiates between permanent part -time employees
year round and seasonal part -time employees who are employed for mix
the or less, and
the Council recognizes the city's obligation as a responsible employe
vide the fringe benefits on a pro -ratty basis to permanent part -time employees
tic year round.
a , THEREMRE, BE IT RESOLVED by the Council of the City of Rohnert Park
"..effective immediately the City Manager be and is hereby authorized to extend
part -time employees who work year round certain fringe benefits, subjee
m fnll:awings
-s
1. Enrollment in the Public Employees' Retirement System (P.E.R.S. )
�. Vacation on a pro-rata basis.
' `t. Sick leave on a pro -rata basis.
4. Holiday pay on a pro -rata basis.
S. Vision cars on a pro -rata basis.
6. Residency bonus on a pro-rata basis.
.7. Non - stinking premium on a pro-rata basis. w
a. Salary continuation - Standard Life Insurance Company -en a pro -rata basis.
9. Life insurance- Standard Life Insurance Company -on a pro -rata basis.
10. health and medical coverage and life insurance- REMI F-on a pro -rata basis.
11. Dental care benefits on a pro -rata, basis.
12. Pro-rata basis will be determinex by the amount of time that the employee
regularly works. Pro - nation shall be done on a one -half or three- fourthe
basis only with permanent part -time employees having to put in at least
20 hour 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 ou 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 basrs
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 50-1 of the premiums payment for fringe
benefits items 8 throw 11.
x Employee enrollment in any or all of said health fringe benefits (items
8 through 11) will be at the employee's option. At the employee's discre
= the city's aggregate dollar contribution for said fringe benefits my
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,
i 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
excess unused city's dollar contribution will remain the city's. Employ4
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 CqljDc mffirms the city policy of not
extending fringe benefits to season employees who are employed
for six (6) months or less. 11L
DULY AND REGULARLY ADOPTED thi 11th dayr(o#'A t, 1980.
NOES: (0) None
ABSENT: (2/ Hopkins,,e wart Mayor
ATTi.ST. 'ux�nir:i am :. L outY City C:.z1% -`(mil
a.
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, CalPERS 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
CTTY OF ROHNERT PARK
Mayor
Eck, Gallagher, Reilly, Spiro, Flores
f
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 OF ROHNERT PARK
Mayo
FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARUNEZ: AYE NIACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) _
J i
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), Rohnert Park
Public Safety Officers' Association (RPPSOA), and the Service Employees'
International Union (SEIU).
Leave requests may be approved for up to 480 hours per employee, per catastrophic
need event.
APPROVED BY RESOLUTION NO. 97 -165
AMENDED BY RESOLUTION NO. 01- 270 , DATED 12/11/01
I i
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
19 PEN
RONN R1'PAQK
Mayor
EST. `rte
_a
Deputy City Clerl
� f
ECK AYE HOLLINGSWORTH AYEHOPKINS AYE PELL' AYESPIBO AYE
AYES S NOES 0 ABSENT 0 ABSTAIN 0
CITY OF
ROHNERT PARK
DISABILITY
WAGE
PLAN
TABLE OF CONTENTS
Section I Title Page No.
DISABILITY WAGE PLAN
I -
Purpose
1
2.
Eligibility
1
3.
Length of Service Schedule
2
4.
Periodic Increase in Benefits
3
5.
Benefits Renewal — 26 Week Rule
3
6.
How Benefits Are Calculated
3
7.
Active Work / Authorized Leave Requirement
3
$-
Proof of Claim
3
9.
Notification Required
3
10.
Absence Reporting
4
IL
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
I - 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 PIan 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 -tune employees shall participate in sick leave benefits proportioned to their fixed work
ratios.
These Disability Wage P_ lan 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, cormnissions and committees;
2.3 Persons engaged under contract to supply expert, professional technical, or other services;
2.4 Volunteer personnel, such as volunteer auxiliary firefighters and public safety officer;
2.5 City Attorney;
2.6 Limited Service Personnel:
26.1 Temporary or seasonal employees employed by the City.
262 Part time employees paid by the hour or day.
Sick leave shall not be considered as aright, 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_
82 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_
6
21- TEMPORARY LAYOFFS
j
If an employee is receiving disability pay at the time when the employee would otherwise have been
temporarily laid off, the employee's disability pay normally will be continued in accordance with the
length of service schedule, as long as the employee's illness or injury prevents them from working_
Naturally, this provision only applies in the case of temporary layoffs when there is a clear -cut
expectancy that the employee will be recalled to work within a short time.
Any layoff is subject to the American with Disabilities Act (ADA) requirement that the layoff is for the
stated purpose and not a pretext for terminating employee(s) with disabilities_
22. LONG TERM DISABILITY
This Disability Wage Plan, or any other such applicable plan, shall be considered the primary plan and all
benefits therein must be exhausted prior to eligibility for the City's Long Term Disability Plan_ For
additional information regarding the City's Long Term Disability Plan contact the Personnel Office.
23. EMPLOYEE DEATH
Upon the death of an employee, any unused sick leave shall not be paid to the employee's surviving
spouse or legal dependents. However, any said unused sick leave may be applied as service credit for the
deceased employee's retirement account. For additional information regarding this matter contact the
Personnel Office or a Public Employees Retirement System representative_
24. CHANGES IN PLAN
City management hopes and expects to continue the Disability Wage Plan indefinitely, but as future
conditions cannot be foreseen, the City reserves the right to change or discontinue this Plan at any time.
Employees may be assured however that only the most serious circumstances would result in the
discontinuance or curtailment of the Plan-
Nothing contained herein shall be deemed to supersede the provisions of any applicable State law, City
ordinance, resolution, rule or regulation. The City retains and has the exclusive decision - making
authority to manage the policies and provisions of this document so long as such exclusive authority is in
conformance with any and all applicable laws and statutes for same_
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_