2000/01/11 City Council Resolution (11)RESOLUTION NO. 2000 -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK
RATIFYING THE MEMORANDUM OF AGREEMENT
THE ROHNERT PARK PEACE OFFICERS' ASSOCIATION (RPPOA)
BE IT RESOLVED by the City Council of the City of Rohnert Park that
the Memorandum of Agreement dated January 11, 2000, executed by
representatives of the Rohnert Park Peace Officers' Association (RPPOA) and
the City Manager, covering the period from July 1, 1999 through June 30, 2002,
be and the same is hereby ratified and approved.
DULY ' AND REGULARLY ADOPTED this 11th day of January, 2000
CITY OF ROHNERT PARK
FLORES: AYE REILLY: AYE SPIRO: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
1. r.
MEMORANDUM OF AGREEMENT
Pursuant to Government Code Section 3500 et. Seq., representatives of the Rohnert Park Peace Officers'
Association ( RPPOA) and the City Manager of the City of Rohnert Park have met and conferred and hereby submit
their joint recommendation for salary and benefit compensation for certain Rohnert Park City employees in the
Department of Public Safety, viz Public Safety Sergeants, Public Safety Officers, and Community Services Officers.
1. Hours of Work
1.1 Four (4), ten (10) hour workdays constitute the regular workweek for all employees assigned to
patrol, including Community Services Officers.
(a) RPPOA and City agree that the four (4) ten (10) hour day work schedule is approved
conditionally.
(b) In the event City determines, after a reasonable period of time of not less than twelve (12)
months, that the four (4) ten (10) hour day work schedule is not cost - effective to City, RPPOA
and City agree to meet and confer on same.
(c) It is understood by RPPOA that City shall create an auditing program and regularly monitor
the efficiency and effectiveness of the new four (4) ten (10) hour workday schedule.
1.2 Five (5), eight (8) hour work days constitute the regular work week for all employees except any
employee who does not normally wear a uniform during his /her tour of duty and is not subject to
call -out. Employees not subject to call -out may be assigned a work day of up to eight and one -half
(8 -1/2) hours. Such workday will include a duty -free unpaid meal break that provides a workday
that does not exceed eight (8) hours.
1.3 Employees are required to participate in police and fire training drills unless on approved leave or
previously excused in writing by the Director of Public Safety.
1.4 Uniformed Public Safety Sergeants, Public Safety Officers, and Community Services Officers are
allowed two (2) fifteen . minute "coffee" breaks and a thirty (30) minute paid meal break during
assigned shift, but work assignments are priority and paramount and City is not obligated or liable
in any manner for meal time or "coffee" breaks not taken.
1.5 Employees shall receive at least three (3) days' notice of shift changes except in instances of
emergency declared by the Director of Public Safety or an injury to an employee which, in the
City's opinion, necessitates a shift change.
1.6 No employee shall be required to work more than forty (40) hours during any seven (7) day work
cycle, of the employee's previously assigned work schedule, otherwise said work shall be paid at
time and one -half his /her regular pay rate.
1.7 Shifts worked on the dates on which Day Light Savings Time is adjusted will be based on the clock
and no overtime will be paid for the extra hour worked when the shift is prolonged by one -hour and
no deduction in pay will be made when the time worked is shortened by one hour as a result of
changing the clock.
1.8 The established work period shall commence at 12:01 a.m. Sunday.
1.9 This Agreement hereby incorporates Agreement of the City of Rohnert Park and the RPPOA
Regarding 24 Hour Services Shifts — February 1998 and a Letter dated Janaury 15, 1998
regarding Staffing of Northern Station on the 24 -hour "Kelley" Plan.
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002
2. Overtime /Compensatory Time /Call -Out /Stand -by /Court
2.1 Overtime
(a) That compensation at time and one -half the employee's regular normal hourly rate will be paid
for all work hours over forty (40) hours in any one week.
(b) That compensation at the normal overtime rate will be paid for all mandated fire drills
conducted during employee's off -duty hours.
(c) Compensation for off -duty full -time employees required to answer the fire service alarm shall be
the normal overtime rate with a minimum of three (3) hours call -out pay at time and one half.
2.2 Compensatory Time
(a) That a maximum of eighty (80) hours of compensatory time off may be accrued by mutual
agreement of the employee and Director of Public Safety.
(b) The City, at its sole option, may pay off up to seventy -five percent (75 %) of the accrued
compensatory time. Employees, at their sole option, may request payment for accrued
compensatory time. City agrees to honor said requests.
2.3 Call -Out - That call -out for any City Public Safety function during off -duty periods shall be
compensated at the normal overtime rate with a minimum of three (3) hours at time and one -half
call -out pay. Call -out time shall include off -duty court time or other official hearings on City of
Rohnert Park business. Extension of shifts, at the beginning or end, will not be considered call -out
duty, specifically, thirty (30) minutes before or fifteen (15) minutes after the employee's regular
shift.
2.4 Stand -By
(a) That whenever stand -by is mandatory, employees will be compensated at the rate of one -half
(1/2) their regular hourly rate for each hour of stand -by, unless otherwise mutually agreed to
by the employee and representative of the City.
(b) That no on -call restrictions or limitations are placed on employees on their off -duty time unless
specifically required or agreed to by employee.
2.5 Off -Duty Court Appearance Pay
Employees required to appear in court on City business during off -duty hours shall receive a
minimum of three (3) hours pay at the overtime rate or pay for actual hours worked, whichever is
greater.
An employee shall only be considered on -duty for that time that he /she is actually at court or
activities related to court appearances.
The Department will notify an employee by 1700 hours the previous business day if his /her court
appearance is cancelled.
Notification of an employee's court appearance cancellation will be accomplished via the text
pager system and Department voice mail system.
An employee is required to check his/her Department voice mail at 1700 hours the previous
business day to the court appearance to check if the court appearance is cancelled.
When the court appearance is cancelled by 1700 hours the previous business day, the employee
receives no compensation.
When an. employee's court appearance is cancelled after 1700 hours the previous business day to
the court appearance, the employee is entitled to two (2) hours compensation at the overtime rate.
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002
3.
Holidays
3.1 Employees will receive the following thirteen and one -half (13 -1/2) holidays annually, specifically:
January 1 st.
The third Monday in January, "Martin Luther King, Jr. Day"
Friday proceeding "President's Day ", specifically: February 18, 2000; February 16,
2001; February 15, 2002,
The third Monday in February, "President's Day"
12:00 noon to 5:00 p.m., on April 21, 2000; April 13, 2001; March 29, 2002
The last Monday in May, "Memorial Day"
July 4th
The first Monday in September, "Labor Day"
September 9th, "Admission Day"
The second Monday in October, "Columbus Day"
November 11th, "Veteran's Day"
"Thanksgiving Day"
Day after "Thanksgiving"
December 25th
3.2 Holiday Pay will be paid twice a year, on June 1 st and December 1 st to those employees required
to work holidays for the holidays worked. RPPOA employees can be required to work as
scheduled without any reference to holidays. Holiday pay will be calculated on a straight time basis
and compensated at the rate of up to eight (8) hours only. City agrees that taxes withheld for
Holiday Pay checks will be annualized to reduce the tax impact on individual checks. Employees
will also be compensated for any future days proclaimed as holidays and made applicable to City
employees by the President of the United States, the Governor of the State of California, or the
Mayor of the City of Rohnert Park.
3.3 Except upon the approval of the Director of Public Safety, non - uniformed employees shall not be
authorized to work and shall not be paid Holiday Pay for the following four (4) holidays annually,
specifically:
New Year's Day January 1 st
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday after Thanksgiving
Christmas Day December 25th
Non- uniformed employees may, at their option, volunteer to take -off any remaining City
designated holidays. Said employees will notify City by January 15th of each year the designated
holidays they anticipate working.
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002
4.
Vacation
4.1 That the following vacation schedule be retained effective July 1, 1995:
Years of Service Monthly Annual Vacation Rate Vacation Hours
(Inclusive)
6.667 Hours 80
Up to 2 years 8.000 Hours 96
3 to 5 years 10.000 Hours 120
6 to 10 years 12.000 Hours 144
11 to 15 years 13.333 Hours 160
Over 15 years
4.2 Vacation may be accumulated to a ximum of
of eh hty (80) hoursivacation annuallyprEmp oyees
each employee is required to take a m g
may make special arrangements with the umber of required ed vacta on days toitbe Personnel taken annually if
to reduce to forty (40) hours the minim
the employee has an extended vacation planned. ion
in
(a) Vacation Sellback of up to 40 hours hlacdedeva alt �n and have annual taken vacatiopthou s
November if have a minimum of 80 hours CUr
during the calendar year as described in section 4.2 above.
4.3 Employees must work a minimum of six (6) months before any vacation earned will be credited to
said employee. or are
4.4 Vacation benefits shall be earneddCi� d accrued o° benefit. Vacation benefits actively working crue to
taking leave due to an approve y program ,
employees on absences from work for
for thenCit is long-term d sabilitdyaprogram fornei her�ndustr al
when the employee becomes eligible Y
or non- industrial injury or sickness.
4.5 Seasonal or temporary employees shall not accrue vacation benefits.
4.6 Preference for vacation scheduling will be on the basis of seniority within classification and /or as
has been past practice.
4.7 Regular part -time employees' fringe benefits shall be as pro hereto. City Council Resolution No.
80 -140, adopted August 11, 1980, a copy of which is attached
5. Military Training
An employee may be absent on military leave a Theeemployeel� shall furnish furn sh t the the
Manager's
and Veterans' Code of California and City policies. suant to such
Office satisfactory proof of his /her orders to report for
duly and of
all take is /cher actual
without compensation from
orders. Employees with less than one year City sere
the City as provided in the Military and Veterans' Code.
6. Fringe Benefits, Other Than Vacation and Holidays
the insurance carrier(s) or to
6.1 Fringe Benefit Administration - City reserves the right to
self- administer any of the fringe benefit programs nlon longer offered, the City agreles agreement.
o provide la
the event that any offered health plan is g
suitable replacement health plan that is substantially comparable.
RPPOA agrees to reduce any medical/health insurance group c also benefit
grees aml i.e medical, dental or
vision, to which the City's management/City C
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MOA- Rohnert Park Peace Officers' Association. July 1, 1999 through June 30, 2002
6.2 Industrial Injury or Illness - Benefits for employees shall be provided under Section 4850 of the
California Labor Code and City policies for all job - related injuries or sicknesses. Sick leave shall
not be used for an industrial injury or illness.
6.3 Sick Leave
(a) Sick leave benefits for regular employees shall be as provided in the City's most current
"Disability Wage Plan," a copy of which is attached hereto. Each employee covered by this
Memorandum of Agreement shall be provided a copy of the aforementioned "Disability Wage
Plan." City agrees to meet and confer with RPPOA on any suggested changes to the City's
"Disability Wage Plan."
(c) Any employee hired before July 1, 1993, may voluntarily elect to participate in the sick leave
program as provided in Section 6.3 (b) above with the following conditions:
That employee may convert only. any unused full -time sick leave balance from the
Disability Wage Plan sick leave program as provided in Section 6.3 (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.
6.4 Catastrophic Leave - Leave benefits shall be provided as outlined in City Council Resolution No.
97 -165, adopted September 10, 1997.
6.5 Maternity Leave - Regular employees' maternity leave benefits shall be as provided in the City's
"Disability Wage Plan," a copy of which is attached hereto.
6.6 Paternity Leave - Regular employees may use up to three (3) days accrued sick leave for
paternity leave, following the birth of a child.
6.7 Family and Medical Leave - Employees may request an unpaid leave of absence (family and
medical leave) in order to care for a newborn, adopted, or foster child, a seriously ill child, parent,
or spouse, or because of the employees' own serious illness. Requests for family and medical
leave shall comply with the requirements of the Family and Medical Leave Act of 1993 "Federal
Act" and /or the California Family Rights Act of 1991 "State Act."
6.8 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. Such assignments are temporary. 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 his /her normal work duties.
6.9 Americans with Disabilities Act - The City and RPPOA recognize that the City has an obligation
under law to comply with the Americans with Disabilities Act of 1990.
6.10 Employee Death - Upon death of an employee, any unused vacation and compensatory time
shall be paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or
beneficiary, any unused vacation and compensatory time shall be paid to the primary beneficiary
specified by the employee on the employee's enrollment/beneficiary card for City- provided
Standard Life Insurance.
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002
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6.11 Medical and Health - Employees will have a choice of Kaiser Foundation Health Plan, Inc.,
California North Region (S Coverage); Health Plan of the Redwoods (HPR) (Empire Plan) or); or
Blue Cross Prudent Buyer Plan; or any other appropriate health plan offered by the City.
(a) The City agrees to contribute towards medical insurance premiums the amount equal to the
lesser of the Kaiser Foundation Health Plan, Inc., California North Region (S Coverage);
Health Plan of the Redwoods (HPR) (Empire Plan); or Blue Cross Prudent Buyer Plan
premium.
(b) As a result of any Federal or State law enacted subsequent to the effective date of this
Memorandum of Agreement, the City and RPPOA agree to meet and confer in an effort to
maintain the level of benefits as provided for in this Memorandum of Agreement.
(c) Alternate Benefit - Eligible employees may receive an alternate benefit when having health
insurance from a source other than the City. This benefit shall be provided as outlined in City
Council Resolution No. 96 -203, adopted November 26, 1996.
6.12 Dental Program - The City shall continue to provide, at no premium cost to employees, the dental
service coverage program presently in effect for employees and dependents on a City self- insured
basis and which for the most part, but with some exceptions, provides the following City coverage:
100% of usual, customary and reasonable charges for
Preventative Care, 80% of usual, customary and reasonable
charges and /or 60% of prosthodontics with a calendar year
maximum of $2,000. Allowable charges include nitrous oxide
and fluoride sealant treatment.
60% of Orthodontics with a lifetime maximum of $3,500.
TMJ (Temporomadibular Joint) benefit with .the following terms
and limits:
a) Lifetime Maximum TMJ Benefit $650.00
b) 50% employee co- payment required
c) Medical benefits would be.primary
d) TMJ benefits included in the $2,000 per
calendar -year dental maximum
e) Mandatory pre- authorization required
No deductible for employee or dependents.
6.13 Vision Care - That the City continue to provide, at no premium cost to employees, the vision care
service coverage program which provides a vision care benefit to cover actual out -of- pocket costs
incurred for eye examinations, treatment, or prescription eye - glasses or contact lenses for any
member of employee's immediate family as follows:
(a) Up to $350 per calendar year for each employee and dependent under 18 years of age.
(b) Up to $350 every two (2) calendar years for dependents 18 years or older; however an
employee's unused vision care benefit amount may be applied to his /her dependent(s) over
age 18. In no event shall an individuals benefit exceed a total maximum benefit of $350 per
calendar year under this section.
6.14 Adoption - The City will provide a $600 per child cash benefit to employees adopting minor
children to help offset the cost of adoptions. This cash benefit does not include the cost of
adopting stepchildren, i.e. children of present spouse.
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002
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6.15 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 department head, 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 250 miles one way.
(c) Immediate family in this case means spouse, father, father -in -law, mother, mother -in -law,
brother, sister, child (including stepchildren), stepparents, grandparents, grandparents -in -law,
grandchildren and relationships in loco- parentis.
(d) It. is mutually agreed by the City and RPPOA that the City's most current "Disability Wage
Plan" a copy of which is attached hereto, shall be amended to reflect death and bereavement
leave as outlined in this Memorandum of Agreement.
6.16 Funeral Benefit - The City will provide fifty percent (50 %) co- payment, not to exceed $2,000, for
funeral expenses for an employee or the employee's spouse. This funeral benefit will be
considered secondary to and shall be coordinated with any and all other funeral benefits that may
be payable to employee or spouse.
6.17 Long -Term Disability Insurance - The City will continue to provide, at no premium cost to
employee, the long -term disability income protection insurance coverage now being provided. The
basic benefit shall be 66 -2/3% of the employee's monthly base pay with a maximum benefit of
$5,333 per month. In no event shall the employee receive more than full salary. The benefits
provided under this section are subject to the characteristics of the individual program.
(a) RPPOA agrees that the waiting period for the above long -term disability benefits plan be
increased from the existing ninety (90) days to one hundred eighty (180) days for the purpose
of the City saving premium costs.
(b) City agrees to self -fund to the same level of benefits as would have been provided under the
ninety (90) day long -term disability benefits plan waiting period.
6.18 Short-Term t Disability trm disability - That programenacco continues to dance with the City's "Disability Wage Plan "ta
employees,
copy of which is attached hereto.
6.19 Life Insurance
(a) The City will continue to provide, at no premium cost to employees, $25,000 life insurance
coverage provided to employees and $1,000 for dependents, and which coverage includes.
accidental death and dismemberment benefits.
(b) That the City allow, subject to the insurance carrier's approval, any employees to purchase, at
their own cost, additional life insurance coverage under the City's group program.
(c) City will assist the surviving spouse in filing for life insurance benefits under the Public Safety
Officers Benefit
benefit t isP$1030)416 those eligible subject to cost-of-living ncreasedie in the line of duty.
The current
6.20 Deferred Income - The City will continue to make available to the employees a deferred income
program, such as that now being administered by National Deferred Compensation and ICMA or a
similar program with another institution acceptable to City.
MOA- Rohnert Park Peace 0 cers'Association. July, 1, 1999 through June 30, 2002
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(a) City agrees to meet and confer with RPPOA on any suggested improvements to the Deferred
Income Program with any changes also being coordinated with the Service Employees'
International Union (SEIU) Local 707.
(b) City agrees to continue to contribute to Deferred Income for those employees still eligible and
agreed to as part of the City's withdrawal from Social Security.
6.21 Retired and /or Permanent and Totally Disabled Employees - City agrees to provide /offer and
pay the appropriate premium(s), as specified in the applicable section(s) of this agreement, for City
offered /provided medical insurance, life insurance, dental program, and vision care benefits only to
the following:
(a) To regular full -time and regular part -time employees who have at least ten (10) years of
continuous service with the City and who retire upon reaching retirement age or thereafter and
are receiving a retirement allowance from the California Public Employees' Retirement System
(CalPERS). Coverage will extend to eligible dependents. Said employees shall be referred to
as "Retired Employees."
(b) To regular full -time or regular part -time employees who have at least two (2) years of
continuous service with the City and who retire due to permanent or total disability: Total
disability will be construed as having a disability rating in excess of fifty percent (50 %) as
determined by CalPERS. Coverage will extend to eligible dependents. Said employees shall
be referred to as "Retired Employees."
(c) To the surviving spouse and legal dependents of a regular full -time or regular part -time
employee who died while a City employee after ten (10) or more years of continuous service
with the City. Said employee shall be referred to as a "Deceased Employee."
(d) Benefits provided under this section shall be coordinated with Medi -Care, Medi -Cal, and any
other welfare program available of which said benefit coverage shall be considered primary
and City provided coverage in turn considered secondary.
(e) All benefits provided under this section are subject to the characteristics of each individual
benefit program.
(f) The benefits provided under this section will continue for such retired employees and their
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 until the spouse dies or remarries. 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 remarries, whichever
occurs earliest.
(g) For regular City employees hired before July 1, 1993, City agrees to pay the entire appropriate
premium cost(s) for City provided /offered medical insurance, life insurance, dental program,
and vision care benefits only for retired City employees and their 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 costs(s), at the time of retirement or death as
defined herein, for retirees having at least ten (10) years continuous City service.
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002
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 (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) To regular full -time or regular .part -time employees hired after July 1, 1993 and who have at
least two (2) years of continuous service with the City and who retire due to permanent or total
disability (industrial disability retirement), City agrees to pay towards premium cost(s) for City
provided /offered medical insurance, life insurance, dental program, and vision care benefits
only, fifty percent (50 %) of applicable premium cost(s), at the time of (industrial) disability
retirement. Total disability will be construed as having a disability rating in excess of fifty
percent (50 %) as determined by Public Employees Retirement System. Coverage will extend
to eligible dependents.
(j) To regular full -time or regular part -time employees hired after July 1, 1993 and who have over
fifteen (15) years of continuous service with the City and who retire due to permanent or total
disability, City agrees to pay towards premium cost(s) for City provided /offered medical
insurance, life insurance, dental program, and vision care benefits only at the applicable
percentage amount as indicated in the schedule in Section 6.21.8 above. Total disability will
be construed as having a disability rating in excess of fifty percent (50 %) as determined by
Public Employees Retirement System. Coverage will extend to eligible dependents.
(k) Continuous City service is defined as being continuous regular full -time or regular part-time
City employment only for calculating length of continuous service under this section. Part -time
(non- benefited) employment and approved unpaid leaves will not be used in calculating length
of continuous service under this section. Any separation from City employment will void any
previous accrual towards length of continuous service for purposes of this section, unless
otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with
subsequent restoration and approved City paid or unpaid leaves do not constitute separation
from City service for the purpose of this section.
(1) City agrees to pay premium for any future premium increases that may be necessary to
maintain benefit levels in effect as when the employee retired due to regular retirement,
retirement due to permanent or total disability, or death, whichever is applicable.
(m) The City shall extend any and all future increases in benefit coverage provided to retired
employees and their spouse /legal dependents as well as deceased employees' spouse /legal
dependents. Said benefit coverage increase shall only apply to those benefit programs to
which the aforementioned parties participated in at the time of the employee's retirement or
death. In the event the aforementioned benefit coverage increase includes a corresponding
premium increase, the increase cost for same shall be borne entirely by the retired employee
or spouse /legal dependent.
(n) 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 employer, said
coverage provided by the City to the retired employee will be considered secondary to the
coverage provided by his/her new employer, his /her new employer's coverage shall be
considered primary.
(o) Any spouse of a deceased employee or deceased retired employee who is receiving benefit
coverage as provided under this section, who becomes employed and is covered by medical,
health, dental or vision care benefits by his /her employer, said coverage provided by City will
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002
be considered secondary to the coverage provided by the spouse's employer, and his /her
employer's coverage shall be considered primary.
6.22 Clothing Allowance - That the City will provide uniforms to those employees required to wear
them. The City will provide replacement issue uniforms as and when deemed necessary by the
City.
(a) The City will provide a Uniform Maintenance Allowance of $240 per calendar year to be paid
monthly.
6.23 Education and Training - That the City will provide the following education and training
reimbursement benefits:
(a) One hundred percent (100 %) City reimbursement for tuition, registration, and required course
books /materials for up to six (6) units per semester at an amount no greater than the Sonoma
State University tuition rate. Said reimbursement shall be for work - related courses only.
(b) Reimbursement shall be for tuition /registration fees and book costs only for attending and
completing, with a satisfactory grade (C or better), courses in adult high school program, at
Santa Rosa Junior College (including parking fee), at Sonoma State University, or any other
educational institution acceptable to the City. All courses or classes for which reimbursement
will be requested must be previously approved by the Department Head and the City Manager
prior to the start of said classes and approval requested on the appropriate City form.
6.24 Longevity Pay - The City will continue to provide longevity pay to employees, based on
continuous years of service (as defined in Section 6.21 .11) as follows:
Completed Years Pay Percentage
of Service Increases
5 Years 2%
For each completed 1/2%
year thereafter
The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay. The
"completed years of service will be determined on January 1, April 1, July 1, and October 1 and
not on an employee's employment anniversary date.
For employees hired after 10/1/95, the longevity program as outlined above does not apply.
(a) Professional Achievement Program
For employees hired after 10/1/95; which are not eligible for longevity pay as outlined in
Section 6.24, the following educational pay benefit shall be provided.
Associates of Arts Degree (AA) $100.00 per month Stipend.
2. Bachelor of Arts or Science Degree (BA or BS) $150.00 per
month Stipend.
The Stipend payments provided above are not accumulative, i.e. only one of the two degrees
is paid (cannot receive both stipends; only one stipend is paid per employee). In no event shall
an employee be paid for more than one degree.
The Stipend payments are authorized only for Associate of Arts (AA) degrees and Bachelor of
Science (BS) or Bachelor of Arts (BA) degrees from an accredited college or university. A copy
of the degree must be provided for validation and approval of payment.
MOA- Rohn ert Park Peace Officers' Association . July 1, 1999 through June 30, 2002
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6.25 Retirement Program
C
(a) That the City will continue to provide the California Public Employees' Retirement System
(CaIPERS) 2% at 50 retirement program to local safety members and the CaIPERS 2% at 55
retirement program to Community Services Officers.
(b) That the City will continue to provide the "one -year highest compensation: optional provision in
its contract with CaIPERS per CaIPERS Section 20024.2.
(c) That the City will absorb any employer contribution rate increases for safety members required
by CaIPERS
(d) During the term of this agreement, the City will continue to pay the nine percent (9 %)
employee's contribution to CaIPERS for local safety members and will allow said payment to
be credited to the employee's account.
That, during the term of this agreement, the City will continue to pay the seven percent (7 %)
employee's contribution to CaIPERS for Community Services Officers and will allow said
payment to be credited to the employee's account.
(e) The City shall at the earliest possible date, but no later than July 1, 2000, adopt a resolution
that implements the reporting of the CaIPERS Employer Paid Member Contributions (EPMC)
as additional compensation for all members of the RPPOA
The City pays 9% of the employee's contribution into CaIPERS for all local safety members of
the RPPOA. as indicated in Section 6.25 (d) of this Agreement.
The City pays 7% of the employee's contribution into CaIPERS for Community Services
Officers as indicated in Section 6.25 (d) of this Agreement.
The City shall report 9% of the EPMC to CaIPERS as additional compensation for all local
safety members of the RPPOA.
The City shall report 7% of the EPMC to CaIPERS as additional compensation for Community
Services Officers.
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.
6.26 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 child care as approved by the Internal Revenue Service (IRS) and the
California Franchise Tax Board.
6.27 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.
MOA- Rohnert Park Peace Officers' Association. July 1, 1999 through June 30, 2002 1 1 11
7. Payroll Deduction for RPPOA
7.1 That Rohnert Park Peace Officers' Association be provided with monthly payroll deduction of
Association dues and premium amounts for insurance programs sponsored by the employee's
organization at no cost to the employee organization.
7.2 That RPPOA provide the City Manager with a listing of deduction for recognized RPPOA members
only. Said listing will remain in force until amended by RPPOA in writing. RPPOA will hold the
City harmless for any liability or errors resulting from errors on the listing provided by RPPOA
7.3 That all RPPOA deductions be taken from the mid -month paycheck and promptly forwarded to
RPPOA
7.4 RPPOA agrees to indemnify and defend the City, its officers, employees and agents and hold it
harmless against any and all suits, claims, demands and liabilities that shall arise directly or
indirectly out of any action that shall be taken or not taken or on behalf of the City, its officers,
employees and agents for the purpose of complying with the foregoing sections.
8. Safety Equipment
8.1 City will continue to furnish Public Safety Officers employed as of July 1, 1974 with replacement
equipment as needed for the equipment that the City is required to furnish per Section 50081 of
the Government Code. Said equipment consists of department- issued weapons, holster, belt and
ammunition, night stick, handcuffs, safety vests, raincoats and rain boots. Equipment furnished by
City shall remain the property of City with the exception of any personal purchases made by
present officers.
8.2 City shall replace, with the Director of Public Safety's approval, any personal equipment lost,
destroyed or damaged beyond repair while used in the line of duty. Items shall not be replaced if
worn because of normal wear and tear.
8.3 City will continue to furnish Public Safety Officers hired after July 1, 1974 with the equipment
specified in Section 50081 of the Government Code.
8.4 City will provide prescription safety glasses to those employees required by City to wear them.
Such employees will not also be entitled to receive glasses under the general vision care program
referred to in Section 6.12.
9. Salaries & Miscellaneous Pay
9.1 Salary Adjustments
(a) A five and one -half percent (5'h %) salary adjustment shall be provided effective July 1, 1999
for those employees covered by this Agreement.
(b) Effective July 1, 2000 the salaries for all employees covered by this Agreement shall be
adjusted by an amount to be determined by the Bay Area All Urban Workers Consumer Price
Index for April 2000 with a minimum salary adjustment of three percent (3 %) and a maximum
salary adjustment of five percent (5 %)
(c) Effective July 1, 2001 the salaries for all employees covered by this Agreement shall be
adjusted by an amount to be determined by the Bay Area All Urban Workers Consumer Price
Index for April 2001 with a minimum salary adjustment of three percent (3 %) and a maximum
salary adjustment of five percent (5 %).
9.2 Field Training Officer (FTO) Pay - Employees who are qualified and regularly assigned by the
Director of Public Safety, as a Field Training Officer, shall receive a monthly stipend of $110. This
stipend may be pro -rated by pay period at $55 per pay period.
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002 12
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9.3 Fire Engineer Pay - Employees who are qualified and regularly assigned and engage in the
performance of duties of Fire Engineer in the Fire Services Division of the Department of Public
Safety shall receive an additional $125 per month pay.
(a) Fire Engineer shall be defined as any employee who has been fully qualified both mentally
and physically capable to operate one or more pieces of City owned major Class A firefighting
apparatus.
(b) Each qualified Fire Engineer must re- certify every two (2) years with both a written
examination and hands -on field test administered by the Department of Public Safety. Any
Public Safety Officer not passing the entire re- certification process will lose the Fire Engineer
Pay increment until such time as he /she is re- certified.
(c) The required hands -on field testing for Fire Engineer shall be done at random by lottery, and
at any time.
(d) Effective on the date of this agreement Community Services Officers are not eligible for Fire
Engineer Pay.
9.4 Fire Captain Pay - Employees who are qualified and assigned as Fire Captains and who are
regularly assigned and employed in the performance of duties of Fire Captain in the Fire Services
Division of the Department of Public Safety shall receive an additional (in addition to Engineer Pay)
$70 per month pay.
(a) The City at its sole discretion shall determine the number of Fire Captains to be assigned. Fire
Captain pay would then include the Fire Engineer Pay plus the Fire Captain Pay totaling $195
per month.
(b) Each qualified Fire Captain must re- certify every two (2) years. Any employee not passing the
entire re- certification process will lose the Fire Captain Pay increment until such time as
he/she is re- certified.
9.5 EMT Pay - Employees who are qualified as Emergency Medical Technicians and employed in the
performance of duties of Public Safety Officer shall receive an additional $100 per month pay.
(a) The City, at its sole discretion, shall determine the number of qualified EMT's to be assigned
and receiving the EMT pay increment.
(b) Each qualified vmust re- certify every two (2) years. If the EMT status is not re- certified, the
EMT pay increment will be removed.
9.6 Pay Checks - City shall distribute Paychecks to employees by noon on payday.
9.7 Fiscal /Budgetary Impacts - If the State of California fiscal crisis continues and substantial funds
are extracted from the City or sales tax revenues or other major revenue sources decline to a point
where the City must consider a reduction in staffing, RPPOA agrees to meet and confer with City.
10. Alcohol
The City and RPPOA agree to work together to assist any employees who have an alcohol or
alcohol - related problem. It is mutually acknowledged that continued cooperative efforts will give employees
a much better opportunity to recover from this very serious health problem.
Since Public Safety employees are required to drive City vehicles and respond to emergency situations,
and it is known that drinking alcoholic beverages or taking certain drugs may slow a person's reflexes and
ability to think clearly, the probability of having an accident is increased after drinking alcohol or taking
MOA- Rohnert Park Peace Officers' Association* July 1, 1999 through June 30, 2002 1.5
certain drugs. The City recognizes that this situation could place the employee as well as co- workers and
the public at risk of injury.
10.1 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 work day, nor while on assigned
standby duty.
10.2 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.
10.3 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.
10.4 The above sections relating to alcohol use may be excepted for those employees on an approved
and supervised special assignment by the Department of Public Safety. Said employee shall not
drive a vehicle if employee is over the allowed blood alcohol content.
11. Physical and Psychological Fitness
RPPOA acknowledges the importance of employees maintaining proper physical and mental condition in
order to perform job duties in a manner acceptable to the City.
This Agreement hereby incorporates Letter of Agreement on Physical Fitness, dated Janaury 27, 1998.
Said Letter of Agreement supercedes the Physical Fitness section below.
11.1 Employees will be required to pass physical agility requirements and height/weight limitations each
year as part of the annual employee evaluation. Those employees failing to pass the requirements
may be suspended without pay until they can.
11.2 The City and RPPOA agree that the "Fitness Program" used by City shall be that as outlined in the
attached "Exhibit C."
11.3 For employees hired after July 1, 1993, RPPOA and City reaffirm that commencing July 1, 1993,
employees failing to pass the "Fitness Program" requirements (as referenced in "Exhibit C "), will
lose $150 per month in salary until such time the requirements are met. For payroll purposes any
employee who does not meet the requirements will lose the salary beginning the second payroll
period following the testing. For those employee who re -test and pass the re -test, the salary
deduction will be re- instated the second payroll following the passing of the re -test.
11.4 Those employees hired before July 1, 1993, and choosing not to participate in the City's "Fitness
Program" (refer to "Exhibit C" attached) are required therefore to meet the requirements of the
City's "Physical Agility and Fitness Standards Performance Form" (Exhibit A). Employees failing to
pass the "Physical Agility and Fitness Standards Performance Form" (Exhibit A) requirements, will
lose $150 per month in salary until such time the requirements are met. For payroll purposes any
employee who does not meet the requirements will lose the salary beginning the second payroll
period following the testing. For those employee who re -test and pass the re -test, the salary
deduction will be re- instated the second payroll following the passing of the re -test.
11.5 For those employees hired prior to July 1, 1978, and listed specifically on "Schedule B ", their
height/weight standards will be those listed on "Schedule B" attached. The physical agility
standards section of "Exhibit A" still applies to these officers.
11.6 City can, at any time, at its option and cost, require a psychological examination, a complete
physical examination, a physical agility test, or a weight examination, for any or all employees to
determine job fitness. Any employee who feels in need of counseling shall be provided same by
City after clearance from the Department Head or Personnel Office, which clearance shall be kept
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002 14
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in strictest confidence. City at its sole discretion reserves the right to establish a maximum
counseling benefit.
12. Smoking
12.1 RPPOA and City both recognize the �ndaeioa- nation-wide payhprem uIm tonemployee hir relationship before
to heart disease. City agrees to pro $
July 1, 1993 and who refrain from hall smoking. reate to the employ City all nonsmoking premium for not paid by City
smoking and whom starts smoking s
to said employee during the immediate twelve (12) months proceeding.
12.2 Employees hired with a condition that mokr shall not smoke
they not smoke required to remain no tobacco product either on
throughout their employment. A non-smoker
or off -duty while employed. An affidavit signed on a periodic basis by employee shall be used to
verify continued non - smoking status.
12.3 RPPOA acknowledges that the City has rsome RPPOA acknowledges therlCity'spright to
condition of employment that they retrain from smoking.
take appropriate disciplinary action should any employee violate the agreed upon conditions of
.employment.
12.4 RPPOA acknowledges that due to the City's n msmokin hiring
thaterr
employees hired after July
expressed condition of employment that they
1, 1993 shall not receive a $25 pay premium for not smoking.
13. Residency
Employees are required to live within the City of Red nNortherncStation sPublic Safety Southern mile Station di or
from either Public Safety Headquarters, Public Safety
Public Safety Central Station; all vehicles to remain within At they discretion lof themployees ity Manag'erg, said residency
Park shall receive a $60 per month residency bo n
bonus may be increased.
14. Grievance Policy and Procedure
Both RPPOA and City agree to comply with the grievance P d comply with any other requirement
adopted .February 13, 1979. Failure to meet any time specifically
of the grievance procedure constitutes a specific waiver and is a bar to further consideration of the
grievance.
15. Personalized Vehicle Program in
RPPOA acknowledges and agrees that during 1981 tciation acknowledged "Personalized
that the CityVehicle
ld at any time,
the Department of Public Safety. At the time the egul
at its sole discretion, determine the rules and regulations and reaffirms imposed
s agreement, ement that thprogram ersonalzed
terminate it at any time. The Association agreed then,
Vehicle Program" shall not be considered or construed as a fringe benefit at the present time or at any time
in the future.
16. Use of City Facilities
Employees and employees' spouses will be allowed to he Sports participate when such facilities are gym entand
and use the weight room and locker room facility
also participate in the Lap Swim Program conducted t fortconsideration of al waiver of part activities
or the entire
payment of a fee can be discussed with the City
fee.
17. Management Rights
Except as limited in this Memorandum of Agreement term applicable lorganizationsofhc city government tand the
City shall include, but not be limited to, the right to de
purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery
1s
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002
and to set standards of service to be offered to the public, and through its management officials to exercise
control and discretion over its organization and operations; to establish and effect administrative
regulations which are consistent with law and the specific provisions of this Memorandum of Agreement; to
direct its employees and establish employee performance standards and to require compliance therewith;
to take disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold salary increases and
benefits, or otherwise discipline employees subject to the requirements of applicable laws; to lay off its
employees whenever their positions are abolished, or whenever necessary because of lack of work or lack
of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or
contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's
services are to be provided; including the right to schedule and assign work-and overtime; and to otherwise
act in the interest of efficient service to the City; and to take all necessary actions to protect the public and
carry out its mission in emergencies.
18. Work Curtailment (No Strike Clause)
Under no conditions or circumstances shall the Association or any of the employees it represents
individually or collectively cause, sanction, honor or engage in any strike, sit -down, stay -in, sick out,
slow -down, speed -up, work to rind or inthe any of the agreement ion, curtailment of work, restriction or
production or restriction of se 9
19. Personnel Rules and Regulations - City Agrees to meet and confer with RPPOA regarding
any updates or changes to same.
20. Rescinding of Previous Resolutions /Agreements
RPPOA acknowledges that certain provisions of this agreement may conflict with resolutions currently in
effect regarding employee working conditions or benefits. The provisions of this agreement supersede any
previous resolutions or agreements that may be in conflict with provisions of this agreement as of the
effective date of this agreement.
21. Term of Agreement
21.1 This agreement is to become effective on July 1, 1999.
21.2 This agreement will terminate on June 30, 2002 unless extended by mutual agreement of the
parties.
22. Succeeding Agreement
Negotiations for the period commencing July 1, 2002 shalbegin aid nsubmettale shall 1,
include, an which
mated
RPPOA shall submit its proposals to the City Manager.
percentage decrease or increase in the cost of same compared to the provisions of this agreement. City
shall, if requested, assist RPPOA in a reasonable manner in providing information to determine the
percentage increase.
23. Invalidation
23.1 If during the term of this agreement, any item or portion thereof of this agreement is held to be
invalid by operation of any applicable law, rule, regulation, or order issued by governmental
authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or
portion thereof shall be restrained by any tribunal, such provision of this agreement shall be
immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or
order shall remain in effect. Such invalidation of a part or portion of this agreement shall not
invalidate any remaining portion, which shall continue in full force and effect.
23.2 In the event of suspension or invalidation of any article or section of this agreement, the parties
agree, that except in an emergency situation, to meet and confer within thirty (30) days after such
determination for the purpose of arriving at a mutually satisfactory replacement for such article or
section.
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002
16
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24. Non - Discrimination
City acknowledges that in receiving the benefits afforded by this Memorandum of Agreement, no person
shall in any way be favored or discriminated against to the 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.
CITY OF ROHNERT PARK
ROHNERT PARK PEACE OFFICERS' ASSOCIATION
-00 IL31-6-6
po_� I � Y 9 — L
Pamala R. Robbins, Personnel Manager DATE Roger Schwanke, Board Official DATE
L e Finney, IEDA DATE
By: 'I t4, I �
Joser. qtter, City Manager
JcT Garretson, Board Official DATE
Richard Lucero, RPPOA Representative DATE
Resolution Number: Per Resolution No 2000 -11 Adopted 01111 /00 by City Council
Incorporated by Reference. The following are incorporated in this agreement by reference:
City Council Resolution No. 80 -140, adopted August 11, 1980
City's most current "Disability Wage Plan"
"Exhibit A," Form PER -7 and "Schedule B"
Exhibit C - Fitness Program
City Council Resolution No. 79 -22, adopted February 13,1979
City's Personnel Rules & Regulations
City Council Resolution No. 97 -165, adopted September 10, 1997
City Council Resolution No. 96 -203, adopted November 26,1996
MOA- Rohnert Park Peace Officers' Association . July 1, 1999 through June 30, 2002