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
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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
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13.
Management Rights
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14.
Work Curtailment (No Strike Clause)
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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
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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
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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
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(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
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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
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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
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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_
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T A B L E O F C O N T E N T S
SECTION
TITLE
PAGE /S
1.
PURPOSE . . . . . . . . . . . . . . . . .
. . . 1
2.
COVERAGE . . . . . . . . . . . . . . . . . .
. 1
3.
GENERAL PROVISIONS . . . . . . . . . . . . .
. . . 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;
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4.4.8 Notice that the employee has the right to request a hearing
before the City Manager. Said request for a hearing must be
submitted in writing to the City Manager within ten (10) days
from receipt of the recommendation to impose disciplinary
action.
4.5 Hearing Before City Manager: An employee who requests a hearing in
writing to the City Manager shall be entitled to an evidencial
hearing with the City Manager with his/her representative and shall
,be given the opportunity to rebut the charges against him /her or to
state any mitigating circumstances. . The City Manager shall hear and
consider the evidence presented by the department head concerning the
proposed discipline and evidence presented by the employee in defense
of those charges. The City Manager may then either impose, rescind
or modify the proposed disciplinary action.
4.6 Final Notice of Disciplinary Action: Following the determination. by,
the City Manager, the City Manager shall prepare a Final Notice of
Disciplinary Action, advising the employee of the action to be taken,
its effective date, and the employee's appeal rights.
4.6.1 Disciplinary action shall become effective on the date stated
in the Final Notice of Disciplinary Action, unless the date
is otherwise extended by the City Manager.
4.6.2 The City Manager shall file a copy of the Final Notice of
Disciplinary Action with the Personnel Office. The Final
Notice of Disciplinary Action shall be delivered personally
to the employee or shall be sent by registered or certified
mail.
4.7 Appeal of Disciplinary Action:
4.7.1 In the event of a demotion, suspension or dismissal, and the
affected employee is not satisfied with the decision rendered
by the City Manager, the employee may appeal the decision.
The employee may appeal disciplinary decisions by filing a
written appeal with the City Council within ten (10) days
following service of the Final Notice of Disciplinary Action.
The written appeal shall contain a written reply to the
charges against the employee and a written request for an
appeal hearing. The employee shall submit a copy of the
appeal to the City Manager.
4.7.2 If an employee submits an appeal, the City Council may
conduct whatever investigation it deems necessary and may, in
its discretion:
a. Deny the appeal;
b. Schedule an appeal hearing 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.
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6.1.2 Positions in a single class shall be sufficiently alike to
permit the use of a single descriptive title for the class,
the use of substantially the same standards of experience and
education for each such position, and application of the same
pay range to each such position;
6.1.3 A class may include more than one position.
6.2 Each class shall have a specification which includes:
6.2.1 A concise, descriptive title;
6.2.2 A brief definition;
6.2.3 A description of the job duties and responsibilities;
6.2.4 A statement of special requirements;
6.2.5 A statement of desirable qualifications.
6.3 The City Manager will review the duties and responsibilities of
positions and recommend to the City Council:
6.3.1 The creation of new classes, and
6.3.2 The abolition of existing classes.
6.4 The City Manager may upon the City Manager's own initiative, upon the
recommendation of the department head or upon the request of an
employee, reallocate a position to a different class whenever its
duties change materially, provided the reclassification can be
accomplished within budget limitations.
6.5 When the duties of a position so change that no appropriate class for
it exists, the Personnel Officer shall prepare an appropriate class
specification for it and submit it to the City Council for approval.
6.6 Reclassification of a position may not be used to circumvent the
rules and regulations concerning demotion, promotion or compensation.
7. PAY PLAN AND COMPENSATION
7.1 Any changes in salary rates or salary ranges affecting existing
employees represented by a recognized employee organization shall be
subject to the meeting and conferring process in accordance with
State law.
7.2 Following completion of meeting and conferring, the Personnel Officer
will prepare the pay plan which shall prescribe for each class a flat
rate or salary range.
7.3 When a salary range for a class is changed by the City Council, all
employees whose positions are allocated to this class shall be
adjusted to the corresponding step in the new range.
7.4 An employee whose position is moved from one class to another class
with the same salary range shall receive no change in salary.
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8. ANNOUNCEMENTS OF VACANCIES
8.1 Notices of employment opportunities in the City shall be posted in
the City Offices, and publicized in any other way necessary to
attract the best possible qualified candidates.
8.2 Such notices shall list the classes in which vacancies are
anticipated, specify the class title, salary range, the nature of
,work performed and the qualifications required for employment in the
class, tell when and where to file applications for employment, and
give information about the selection procedure to be used.
9. APPLICATIONS
9.1 The form by which a person applies for a position with the City shall
be prescribed by the Personnel Officer and shall require information
about the applicant's training, experience, qualifications and
additional information the Personnel Officer deems pertinent to an
evaluation of the applicant's fitness for a position.
9.2 Applications for 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.
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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.
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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.
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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;
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27.2.2 While the pregnant employee is on leave status, service
credits shall continue to accrue and the City shall continue
payments toward group insurance and retirement coverage.
Leave shall commence upon certification from the employee's
attending physician that she is no longer capable of
performing the duties of her position without undue risk to
herself or other persons;
27.2.3 In no event shall the employee's paid leave exceed the total
of the employee's accumulated but unused full pay non-
industrial sick leave and other accrued leave;
27.2.4 An employee may be absent from employment for a reasonable
collective period of time not to exceed four (4) months
(including period of paid sick leave) during the time of
pregnancy and post - pregnancy period. During, this period of
time, the employee may utilize any accrued vacation leave.
Unpaid leave shall be granted only for disability due to the
pregnancy, the subsequent childbirth, or other termination of
pregnancy. No such absence without pay shall be granted
until the employee has exhausted all accumulated full pay, or
as specified, half pay non- industrial sick leave;
27.2.5 Upon expiration of approved leave, an employee shall be
reinstated to her former position or to. a comparable one
unless reinstatement to the former or comparable position is
not possible because of legitimate business reasons unrelated
to the employee's pregnancy;
27.2.6 An employee may request an unpaid leave of absence under
Section 28.1 at the conclusion of her disability. Such leave
shall be granted or denied on the same basis as leaves for
other employees.
27.3 The City will compensate employees for military service leave taken
during the year pursuant to the State of California Military and
Veterans Code.
28.. LEAVE OF ABSENCE WITHOUT PAY
Upon written request of an employee, the City Manager may approve in writing
a leave of absence without pay "for a period not to exceed six (6) months.
29. PERSONNEL RECORDS
29.1 The City shall maintain personnel files for all employees, which
shall contain all records, files and documentation which are used, or
have been used, to determine the employee's qualifications for
employment, promotion, additional compensation or termination or
other disciplinary action.
29.1.1 Upon the request of- an employee, the City shall permit the
employee to inspect his or her personnel file, at reasonable
times and at reasonable intervals. The employee may inspect
the original personnel file at the location where it is
stored and at no loss of compensation to the employee;
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