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2004/06/08 City Council Resolution (5)RESOLUTION NO. 2004. 137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE .BENEFITS AND SALARY ADJUSTMENTS FOR THE ROHNERT PARK CONFIDENTIAL UNIT BE IT RESOLVED by the City Council of the City of Rohnert Park that the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Rohnert Park Confidential Unit dated June 24, 2003 covering the period from July 1, 2004 through June 30, 2007, be and the same is hereby approved. DULY AND REGULARLY ADOPTED this 8t" day of June, 2004. CITY OF ROHNERT PARK ayo ATTEST: FLORES: AYE MACKENZIE: NO SPRADLIN: AYE VIDAK MARTINEZ: AYE NORDIN AYE AYES: (4) NOES: (1) ABSENT: (0) ABSTAIN: (0) OUTLINE— Rohnert Park Confidential Unit ♦ July 1, 2004 — June 30, 2007 22 OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR ROHNERT PARK CONFIDENTIAL UNIT EMPLOYEES EFFECTIVE JULY 1, 2004 - JUNE 30, 2007 TABLE OF CONTENTS 1. Hours, Days and Period of Work 2. Overtime /Compensatory Time 2.1 Rate of overtime compensation 2.2 Compensatory Time Off 2.3 Call Back 2.4 Exempt Employees ? Anlidm�.c 3.1 Holidays Observed 3.2' Proclaimed Holidays 3.3 Day of Mourning or Special Observance Q Vnrntinn 4.1 Vacation schedule 4.2 Maximum Accrual 4.3 Eligibility for New Hires 4.4 Discontinued Accrual After (90) Days 4.5 Vacation Scheduling Based on Seniority 4.6 Regular Part -time Employees' S. Military Training 6. Fringe Benefits, Other Than Vacation and Holidays _ 6.1 Fringe Benefit Administration 6.2 Sick Leave 6.3 Catastrophic Leave 6.4 Paternity Leave 6.5 Family and Medical Leave 6.6 Light or Limited Duty 6.7 Americans with Disabilities Act 6.8 Payment to Beneficiary 6.9 Health Coverage 6.10 Dental Coverage 6.11 Vision Care OUTLINE- Rohnert Park Confidential Unit # July 1, 2004 - June 30, 2007 s 5 6 6 6 6 7 7 7 7 7 7 8 8 8 8 8 8 9 9 9 9 9 10 10 10 10 10 6 13. Management Rights 18 14. Work Curtailment (No Strike Clause) 18 15. Personnel Rules and Regulations 19 16. Term of Outline 19 16.1 Effective Date 19 16.2 Termination Date 19 17. Invalidation 19 17.1 Suspension of Agreement 19 17.2 Replacement 19 18. Non - Discrimination 19 19. Personnel Files 19 20. Employee Performance Evaluations 19 OUTLINE - Rohnert Park Confidential Unit . July 1, 2004 - June 30, 2007 4 OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR ROHNERT PARK CONFIDENTIAL UNIT EMPLOYEES This Outline is a document that describes conditions of employment, fringe benefits and salary for employees in the Confidential Unit. The Confidential Unit consists of employees occupying the classifications of: Accounting Specialist (Accounts Payable) Administrative Assistant to the City Manager Administrative Assistant to the Director of Public Safety City Clerk Deputy City Clerk Finance Services Manager Human Resources Assistant Payroll Specialist Secretary II (Assisting the City Manager) Secretary II — Human Resources HOURS, DAYS AND PERIOD OF WORK Unless an alternative work schedule is otherwise pre- approved by the City Manager the hours, days and period of work shall be as follows: (a) Regular Workday - The regular workday is eight (8), nine (9), or ten (10) hours of work as may be determined from time to time by mutual agreement of an employee and his/her supervisor. (b) Regular Days of Work — The regular workweek for all employees shall consist of five (5) days, Monday through Friday. As may be determined from time to time my mutual agreement of an employee and his/her supervisor, the employee may volunteer for a workweek other than defined in this section. (c) Regular Work Period — A regular work period shall be forty (40) hours to be worked within the established seven (7) day. work period beginning at 12:01 a.m. on Monday and ending at 12 midnight on Sunday. 2. OVERTIME /COMPENSATORY TIME 2.1 Rate of Overtime Compensation Overtime compensation at the rate of one and one -half times the employee's regular hourly rate shall be paid for all hours worked; OUTLINE — Rohnert Park Confidential Unit . July 1, 2004 — June 30, 2007 5 7 "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 3.2 Proclaimed Holidays Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. 3.3 Day of Mourning or Special Observance Each day that the Governor declares a day of mourning or special observance as a holiday for State employees if the declaration makes It applicable to City employees. 4. VACATION 4.1 Vacation schedule Vacation schedule shall be as follows as of July 1, 2004: Years of Service Inclusive Monthly Vacation Rate Annual Vacation Hours Up to 2 years 8.667 hours 104 3 to 5 years 10.000 hours 120 6 to 10 years 12.000 hours 144 11 to 15 years 14.000 hours 168 Over 15 years 15.333 hours 184 4.2 Maximum Accrual (a) Vacation may be accumulated to a maximum of three hundred sixty (360) hours. (b) Employees shall have the option to sell back to the City up to forty (40) hours of vacation time. The rate of the sell back shall be the employee's current and regular salary as of November 1 of each given year. The sell back shall occur during the pay period that includes November 1. To qualify for vacation sell back, employees must have accrued at least eighty (80) hours of vacation time as of November 1 of each given year, and must have used a minimum of eighty (80) hours of vacation time within the twelve (12) months prior to November 1 of each given year. 4.3 Eligibility for New Hires Employees must work a minimum of six (6) months before any vacation earned will be credited to said employee. OUTLINE - Rohnert Park Confidential Unit . July 1, 2004 - June 30, 2007 7 (b) Employee may continue certain employee benefits during an authorized leave without pay for the period of the authorized leave by making payment to the City for said benefits. (c) If there is any inconsistency between this section and the Personnel Rules and Regulations, the Personnel Rules and Regulations shall govern. 6.2 Sick Leave (a) Sick leave benefits for regular employees hired before July 1, 1993 shall be as provided in the City's most current "Disability Wage Plan ". Each employee covered by this Outline shall be provided a copy of the aforementioned "Disability Wage Plan." (b) For regular employees hired after July 1, 1993, the following sick leave program will be provided: Sick Leave Accumulation Each employee shall earn and may accumulate sick leave as follows: Hour Earned Monthl Hours Earned Annually Maximum Hours of Accumulation g 96 1200 (c) Any employee hired before July 1, 1993, may voluntarily elect to participate in the sick leave program as provided in Section 6.2 (b) above with the following conditions: 1. That employee may convert only any unused full -time sick leave balance from the Disability Wage Plan Sick Leave Program as provided in Section 6.2 (a) above. Employees may convert up to a maximum of 1,200 hours. Any unused half -pay benefits will. be forfeited and not subject to conversion under this section. 2. Once an employee voluntarily elects to participate in this sick leave program, he /she shall remain in same with no return privileges. 6.3 Catastrophic Leave Leave benefits shall be provided as outlined in City Council Resolution No. 2001 -270, adopted December 11, 2001. 6.4 Paternity Leave Regular employees may use up to three (3) days accrued sick leave for paternity leave, following the birth of a child. 6.5 Family and Medical Leave Employees may request an unpaid leave of absence under the California Family Rights Act (CFRA) and/or the Federal Family Medical Leave Act (FMLA). Requests for family and medical leave shall comply with the requirements of the CFRA and /or the FMLA. 6.6 Light or Limited Duty Employees injured or ill from either on- the -job (industrial) or off - the -job (non - industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. They may involve duties that differ from the normal work duties of the employee. Such light, limited, or modified duty shall terminate when the employee is physically able to perform all OUTLINE- Rohnert Park Confidential Unit . July 1, 2004 - June 30, 2007 W, J (b) Prescription glasses consisting of lenses and frames every twelve (12) months. Lenses include single vision, lined bifocal, lined trifocal, tints and photo chromic lenses. Frames of the employee's choice will be provided up to a maximum of one hundred and twenty dollars ($120). Employee will receive a twenty percent (20 %) discount on any out -of- pocket costs incurred for frames. (c) In lieu of glasses, contacts with an allowance of one hundred and five dollars ($105). The allowance applies to the cost of contact lenses and the fitting and evaluation exam. The exam is in addition to the vision exam. (d) A second pair of prescription glasses or contact lenses every twelve (12) months subject to a twenty dollar ($20) co -pay. (e) Contact lenses, in addition to glasses, every twelve (12) months subject to a fifty dollar ($50) co -pay. One day disposable contacts are covered up to a four hundred dollar ($400) maximum allowance. (f) Primary Eye Care with urgent or non - surgical eye care benefits subject to a five dollar ($5) co -pay per office visit. Examples of primary eye care include, but are not limited to, exams to diagnose pain in the eye, exams to monitor the progress of pre - surgical cataracts, diagnosis and tests for loss of vision, and treatment and management of glaucoma. (g) Laser surgery discount (PRK, Lasix /Custom Lasik). 6.12 Adoption Benefit That the City provide a six hundred dollar ($600) per child cash benefit to employees adopting minor children to help offset the cost of adoption. This cash benefit does not include the cost of adopting step - children, i.e. children of present spouse. 6.13 Death /Bereavement Leave (a) A regular employee shall be paid up to three (3) days of bereavement leave when there is a death in their immediate family. (b) Additionally, a regular employee may, subject to approval of the Supervisor, use two (2) additional days of the employee's accrued sick leave if the employee must travel out of the area, i.e. at least two hundred and fifty (250) miles one way. (c) Immediate family in this case means: spouse, domestic partner, father, father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including step - children), step - parents, aunts, uncles, grandparents, grandparent -in -law, grandchildren, relationships in loco- parentis, and close personal relationships with the approval of the City Manager or his/her designee. (d) It is understood that the definition of immediate family provided in Section 6.13 (c) above supercedes the definition in the City's most current "Disability Wage Plan ". 6.14 Funeral Benefit City will provide fifty percent (50 %) co- payment, not to exceed two thousand dollars ($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. 6.15 Long -Term Disability Insurance The City shall provide, at no premium cost to employees, long -term disability income protection insurance coverage. The basic benefit shall be sixty six and two thirds percent (66 2/3 %) of the employee's monthly base pay with a maximum benefit of six thousand and five OUTLINE - Rohnert Park Confidential Unit . July 1, 2004 - June 30, 2007 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 providedioffered 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 eligible dependents, as defined herein, a percentage of the appropriate premium cost(s) as follows: Fifty percent (50 %) of applicable premium cost(s), at the time or 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. Eighty percent (80 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least twenty (20) years continuous City service. One hundred percent (100 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least twenty -five (25) years continuous City service. (i) Continuous City service is defined as being continuous regular full -time or regular part -time City employment only for calculating length of continuous service under this section. Part -time (non - benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid or unpaid leaves do not constitute separation from City service for the purpose of this section. 0) Any retired employee who, after retirement from the City, becomes employed elsewhere and is covered by medical, health, dental or vision care benefits by his /her new OUTLINE - Rohned Park Confidential Unit . July 1, 2004 - June 30, 2007 13 ' 1 any position covered by this Outline. The City at its sole discretion, and as its exclusive right, determines position qualifications. 6.22 Retirement Programs (a) The City will continue to provide the California Public Employees' Retirement System (CaIPERS) retirement program (2% at 55 Formula) to miscellaneous member employees. Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) two and seven tenths percent (2.7 %) at fifty -five (55) retirement program to miscellaneous member employees. (b) The City will continue to provide the "one -year highest compensation" optional provision in its contract with CaIPERS. (c) The City will absorb any employer contribution rate increases for miscellaneous members required by CaIPERS. (d) During the term of this agreement, the City will continue to pay the seven percent (7 %) employee's contribution to CaIPERS and will allow said payment to be credited to the employee's account. (e) The City pays seven percent (7 %) of the employee's contribution into CaIPERS for all members of the Rohnert Park Confidential Unit (formerly non - represented members) as indicated in Section6.22 (d) of this Outline. The City shall report seven percent (7 %) of the Employer Paid Member Contribution (EPMC) to CaIPERS as additional compensation for all members of the Rohnert Park Confidential Unit (formerly non - represented members). The City will report the value of the EPMC in accordance with all applicable provisions of the Government Code, law and requirements of the CaIPERS. 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. 6.23 Dependent Care Assistance Program City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for childcare as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 6.24 Health Care Tax -Free Dollar Account Program City will continue to provide the Health Care Tax -Free Dollar Account Program as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed medical expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 6.25 Hearing Aid Benefit That the City shall reimburse an employee eighty percent (80 %) with a lifetime maximum of one thousand and five hundred dollars ($1,500) for hearing aid device(s). OUTLINE — Rohnert Park Confidential Unit . July 9, 2004 — June 30, 2007 15 continued cooperative efforts will give employees a much better opportunity to recover from this very serious health problem. Since certain City employees are required to drive City vehicles, to think clearly and act responsibly as well as use various types of equipment, and it is known that drinking alcoholic beverages or taking certain drugs may slow a persons reflexes and ability to think clearly. The probability of having an accident is increased after drinking alcohol or taking certain drugs. The City recognizes that this situation could place the employee as well as co- workers and the public at risk of injury. 8.1 Alcoholic Beverages or Other Drugs Alcoholic beverages, or other drugs which affect an employee's ability to drive or function safely, shall not be used by employees during their assigned regular workday, nor while on assigned standby duty. 8.2 Off Duty Hours If an employee who has been drinking alcohol or using a drug which may impair the employee's ability to drive or function safely receives a call to return to work during off duty hours, the employee must decline the request to work. 8.3 Prescription Drugs Employees using prescription drugs which affect the employee's ability to work safely must inform their supervisor and may be assigned to other appropriate duties or required to take sick leave. 9. SMOKING 9.1 Non - smoking Pay Premium In recognition of the nation -wide concern with use of tobacco and the relationship it has to disease, City agrees to continue to provide a $25 pay premium to employees hired before July 1, 1993 and who refrain completely from the use of tobacco in any form. Any employee receiving the pay premium for not using tobacco and who starts using tobacco, shall rebate to City all paid non - smoking premium paid by the City to said employee during the immediate twelve (12) months preceding. 9.2 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 employees shall be used to verify continued non - smoking status. 9.3 Condition of Employment The City intends to hire new employees with the clearly expressed condition of employment that they refrain from smoking. The City acknowledges its right to take appropriate disciplinary actions should any such employee hired after the effective date of this Outline 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. 9.4 Employees Hired After July 1, 1993 The City and Confidential Unit acknowledge that due to the 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 $25 pay premium for not smoking. OUTLINE- Rohnert Park Confidential Unit # July 1, 2004 - June 30, 2007 17 15. PERSONNEL RULES AND REGULATIONS City agrees to meet and confer with the Rohnert Park Confidential Unit on any updates or changes to the Personnel Rules & Regulations. 16. TERM OF OUTLINE 16.1 Effective Date This Outline is to become effective on July 1, 2004. 16.2 Termination Date This Outline will terminate on June 30, 2007. 17. INVALIDATION 17.1 Suspension of Agreement If during the term of this Outline, any item or portion thereof of this Outline is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this Outline shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this Outline shall not invalidate any remaining portion which shall continue in full force and effect. 17.2 Replacement In the event of suspension or invalidation of any article or section of this Outline, City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 18. NON - DISCRIMINATION City acknowledges that in receiving the benefits afforded by this Outline, 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. 19. 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. 20. 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. OUTLINE — Rohnert Park Confidential Unit . July 1, 2004 — June 30, 2007 f11!] J A INDEX Adoption Benefit ....... ............................... l l Alcohol & Drugs ......... .............................16 Alcoholic Beverages or Other Drugs ...17 Off Duty Hours ....... .............................17 Prescription Drugs .. .............................18 Alternate Benefit ......... .............................10 Americans with Disabilities Act ..............10 Bilingual Pay ............... .............................16 C CallBack ...................... ..............................6 Catastrophic Leave ....... ..............................9 Compensatory Time Off ............................6 Condition of Employment .................... 17 rL Day of Mourning or Special Observance ... 7 Death/Bereavement Leave .......................11 Deferred Income .......... .............................12 Dental Coverage .......... .............................10 Dependent Care Assistance Program....... 15 E Education and Training ............................14 Educational Incentive Pay ........................14 Effective Date ............. .............................19 Employee Performance Evaluations ........19 Employees Hired After July 1, 1993........17 F0 Family and Medical Leave .........................9 Fringe Benefit Administration ...................8 Fringe Benefits, Other Than Vacation and Holidays................... ..............................8 Payment to Beneficiary ........................10 Funeral Benefit .......... ............................... l I G Grievance Policy and Procedure ..............18 m Health Care Tax -Free Dollar Account Program................... .............................15 Health Coverage .......... .............................10 Hearing Aid Benefit .... .............................15 Holidays....................... ..............................6 Day of Mourning or Special Observance? Proclaimed Holidays ..............................7 Holidays Observed ... ..............................6 Hours, Days and Period of Work ...............5 I Invalidation................. .............................19 Replacement ............ .............................19 Suspension of Agreement ....................19 L Life Insurance .............. .............................12 Light or Limited Duty .. ..............................9 Longevity Pay ............. .............................14 Long -Term Disability Insurance ..............11 M Management Rights .... .............................18 Maximum Accrual ....... ..............................7 Military Training .......... ..............................8 W4 Non - Discrimination .... .............................19 Non - smoking Pay Premium .....................17 Non - smoking Status .... .............................17 W Off Duty Hours ........... .............................17 Overtime /Compensatory Time ...................5 CallBack .................. ..............................6 Compensatory Time Off ........................6 OUTLINE— Rohnert Park Confidential Unit . July 1, 2004 — June 30, 2007 21 City of ROHNERT EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION NO. 79 -22 TABLE OF CONTENTS ARTICLE i - GENERAL PROVISIONS ............................................................... ..............................3 SECTION I STATEMENT OF PURPOSE ........ ............. ......--- ....--......._.___....._.. ........................._._. -. 3 SECTION2 DEFINITIONS ................ .......................... ............................... ------------ -•--- - . 3 SECTION3 SCOPE,- ........... ...... ............. .... --------------------------- -•- - --- 3 ARTICLE 11- INFORMAL GRIEVANCE PROCEDURE ................................... ..............................4 SECTION GENERAL .................... .............. ---•-..... -------------- ---. ............................ ..... 4 SECTION 5 STEP ONE - IMMED)ATE SUPERVISOR ................. ................ .............. ............................. 4 ARTICLE ill - 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 II 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 SECTION 20 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 1 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 \t 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 1a RESOLUIrION ` `. 80-140 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNMT PARK.OUTLINING POLICY FOR PROVISION OF FRINGE WNETITS TO PERMANENT PART -TIME EMPLOYEES CAB. the Council finds and determines that it is appropriate to extend fringe benefits to permanent part -time employees who are employed an a ad basis, and LEAS, the Council differentiates between permanent part -time employees year round and seasonal part -time employees who are employed for six La or less, and ERAS, the Council recognizes the city's obligation as a responsible employe ids the fringe benefits on a pro -rafts basis to permanent part -time employees k year round. W, THERELORE. BE IT RESOLVED by the Council of the City of Rohnert Park festive immediately the City Manager be and is hereby authorized to extend anent part -time employees who work year round certain fringe benefits subjec following: j. Enrollment in the Public Employees' Retirement System (P.E.R.S.) 2. Vacation on a pro -rata basis. .3. Sick leave on a pro-rats. basis. 4. Holiday pay an a pro -rat a.basin. S. Vision care on a pro--rata basis. .� 6. Residency bonus on a pro-rata basis. �7. Non- smoking premium on a pro-rata basis. - - S. Salary oontinuation- Standard Life Insurance Company -en a pro-rata basis. 9. Life insurance- Standard Line Insurance Company -on a pro -rata basis. 10. Health and medical coverage 3m.. fe insurance- AEMIF -on a pro -rata basis. li 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 worics. 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 cantribut towards fringe benefits and employee having to put in at least 30 house weekly rnu a regular basis to qualify for the three - fourths city cantriburt 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 contribu 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 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 discru 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, 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 7� 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 C � Y ,�{ffirma the city policy of not extending fringe benefits to seasonal, employees who are employed for six (6) months or less. f DULY AND REGULARLY ADOPTED thi l.ltlu da)r(ol'A ust, 1980. NOES: (0) None - - -- - ABSENT: (2, Hopkins ewart J Mayor Tempore ATT%ST:? %nn: ±:aw _.t �Dc�outy Cut; ^'afic;�� j 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, CalPERS, 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. CITY OF ROHNERT PARK Mayor AYES: (5) Councilmembers Eck, Gallagher, Reilly, Spiro, Flores NOES: (0) None ABSENT: None 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: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) CATASTROPHIC LEAVE PROGRAM PAGE 2OF2 The City reserves the right to require the employee to provide medical or other verification that they have met the criteria established in this policy. While an employee is utilizing Catastrophic Leave, they do not accrue any vacation or sick leave benefits. Leave Requests Any employee who meets the above criteria may submit a request for Catastrophic Leave through his /her Department Head to the City Manager. The City Manager will determine eligibility and approve /deny leave requests as outlined in this policy. Determinations made by the City Manager may be appealed to the Leave Appeal Committee within ten (10) calendar days of the City Manager's decision. A majority decision of the Leave Appeal Committee is final and binding. The Leave Appeal Committee shall consist of one representative from each of the following bargaining units: Rohnert Park Employees' Association (RPEA), Rohnert Park Public Safety Officers' Association (RPPSOA), and the Service Employees' International Union (SEIU). Leave requests may be approved for up to 480 hours per employee, per catastrophic need event. APPROVED BY RESOLUTION NO. 97 -165 AMENDED BY RESOLUTION NO. 01- 270 , DATED 12/11/01 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 My AONN RI PARK Mayor ATTEST v _y Deputy City C1erS ♦ f ECK AYE HOLLINGSWORTH AYE HOPKINS AYE PEU, AYESPIRO AYE AYES 5 NOES 0 ABSENT 0 ABSTAIN 0 CITY OF ROHNERT PARK DISABILITY WAGE PLAN TABLE OF CONTENTS Section Title Page No. DISABILITY WAGE PLAN 1. Purpose 1 2. Eligibility 1 3. Length of Service Schedule 2 4. Periodic Increase in Benefits 3 5. Benefits Renewal — 26 Week Rule 3 6. How Benefits Are Calculated 3 7. Active Work / Authorized Leave Requirement 3 8. Proof of Claim 3 9. Notification Required 3 10. Absence Reporting 4 11. Conditions Covered 4 12. Conditions Not Covered 4 13. Pregnancy or Maternity Leave 5 14. Paternity Leave 5 15. Light or Limited Duty 6 16. Effect on Vacations 6 17. Sick Leave Without Pay 6 18. Holidays _During Disability 6 19. Effect on Retirement 6 20. Sick Leave Benefits Misuse 6 21. Temporary Layoffs 7 22. Long Tenn 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 M111UH7tZem-1 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 i]I or disabled, and to keep them informed of the date you expect to return to work. 2. ELIGIBILITY If you area 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-, 22 Members of appointive boards, commissions and conumttees; 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. 4.2 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 i nJ ury; - 132 While the employee is on paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage. Leave shall commence upon certification from the employee's attending physician that she is no longer capable of performing the duties of her position without undue risk to herself or other persons; 13.3 In no event shall the employee's paid leave exceed the total of the employee's accumulated but unused full pay non - industrial sick leave, or as specified, half pay non- industrial sick leave, and other accrued leave; 13.4 An employee may be absent from employment for a reasonable collective period of time not to exceed four (4) months (including period of paid sick leave) during the time of pregnancy and post- pregnancy period. During this period of time, the employee may utilize any accrued vacation time. Unpaid leave shall be granted only for disability due to the pregnancy, the subsequent childbirth, or other termination of the pregnancy_ No such absence without pay shall be granted until the employee has exhausted all accumulated full pay, or as specified, half pay non - industrial sick Ieave; 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. I 21. TEMPORARY LAYOFFS If an employee is receiving disability pay at the time when the employee would otherwise have been temporarily laid off, the employee's disability pay normally will be continued in accordance with the length of service schedule, as long as the employee's illness or injury prevents them from working. Naturally, this provision only applies in the case of temporary layoffs when there is a clear -cut expectancy that the employee will be recalled to work within a short time_ Any layoff is subject to the American with Disabilities Act (ADA) requirement that the layoff is for the stated purpose and not a pretext for terminating employee(s) with disabilities. 22 LONG TERM DISABILITY This Disability Wage Plan, or any other such applicable plan, shall be considered the primary plan and all benefits therein must be exhausted prior to eligibility for the City's Long Term Disability Plan_ For additional information regarding the City's Long Term Disability Plan contact the Personnel Office_ 23. EMPLOYEE DEATH Upon the death of an employee, any unused sick leave shall not be paid to the employee's surviving spouse or legal dependents. However, any said unused sick leave may be applied as service credit for the deceased employee's retirement account. For additional information regarding this matter contact the Personnel Office or a Public Employees Retirement System representative_ 24. CHANGES IN PLAN City management hopes and expects to continue the Disability Wage Plan indefinitely, but as future conditions cannot be foreseen, the City.reserves the right to change or discontinue this Plan at any time. Employees may be assured however that only the most serious circumstances would result in the discontinuance or curtailment of the Plan. Nothing contained herein shall be deemed to supersede the provisions of any applicable State law, City ordinance, resolution, rule or regulation. The City retains and has the exclusive decision- making authority to manage the policies and provisions of this document so long as such exclusive authority is in conformance with any and all applicable Iaws 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_ • ? y . . . . • . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . .............................. : : : : : : : : : : :...... : :: ::Administrative :olio. :1110:: �::` > =_ : : : : : : : ::: : :: :. --• ... .......................... . .... ..................... ............................... .................................................... . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . • . . . .. ♦.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ _ . . . . . . . . . . . . . . . . . y \t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sit }:;•: . . . . . . . . . • _ . . . . . . . . . - : -:;•: ro s: 1 t -_ - nd: Re .0 a ..a _ I• s _ :Ru e - Personnel- ne -- g - ................................... ........ ....... ............................... ... ............ ...- --............__ . . . . . . . . . • . . . . . . . . . . _ • _ • • - - L:.�\:;g l�v: . . _ . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . - - ?�.�••. ?? :nE}� . . •4 -+ '`i \'iLvvst- 4v ..... - 1 -av\ l l -Q - I7. r .. un - . b: A . ci . Y _ pp .4. .......... o?hiber =12 =1 991 ;.: ; <._... . - - :•.Aa +v44}. -3v ? :i _t:i� Zvi -:3.- -:. :Si i:ii vv- : \:iti• . • - \. \ . \. -.. . . . vQ -Tt. . . . . . . . . . . . . . . . . . . . . . . - _ iy \A��:::�y�H:��. . . . . . . . . . .:.\ \ice; •3:• •' \i�:::ai v ::::::::.:........ ... ....... .. ................... . . . . • . . • . . • a - : \• ?? . . . . . . . . . . . . . : hti . . • • • - - - - -\ i •r ? ? {tiv . - .. )....... -.- -vti _ v<O . . . . . . . . . . . . . . - - . . . . . . u i . . . . . . . . . . . . . . . . . . - a. \:•�: }�i'�� - ?4 - iii:: i:•::'' �i•:ci::T:� {i{i••t•?� "i "= v: ♦i:: �.. a \' �P - a Y rt � k:. f -Ro ... - h - - - ...... 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 . . . . . . . . . . . . . . . . i - 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 1 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 ' f rom 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- 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 be-if-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. mom 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 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; I 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 snail 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. -10- t 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. -12- 3 1 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 no 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. -14- 7 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; -16- 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; _18_