2000/01/11 City Council Resolution (13)RESOLUTION NO. 2000-12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK
RATIFYING THE MEMORANDUM OF AGREEMENT WITH
THE ROHNERT PARK PUBLIC SAFETY DISPATCHERS (RPPSD)
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 Public Safety Dispatchers (RPPSD) 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
ayor
FLORES: AYE REILLY: AYE SPIRO: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
MEMORANDUM OF AGREEMENT
Pursuant to Government Code Section 3500 et. seq., the Rohnert Park Public Safety Dispatchers (RPPSD), their
Representatives - the Rohnert Park Peace Officers, and the City Manager of the City of Rohnert Park have met
and conferred and hereby submit their joint recommendations for compensation and benefit adjustments for
represented Rohnert Park Public Safety Dispatchers in the Department of Public Safety.
Hours of Work
1.1 Four (4), ten (10) hour work days constitute the regular work week for all Public Safety Dispatchers.
Shifts to be determined by City.
(a) Public Safety Dispatchers agree that the four (4) ten (10) hour day work schedule is approved
conditionally and commenced October 1, 1993.
(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, RPPSD and City
agree to meet and confer on same.
(c) It is understood by Public Safety Dispatchers that City shall create an auditing program and
regularly monitor the efficiency and effectiveness of the new four (4) ten (10) hour work schedule.
1.2 Shift work shall be determined by ten (10) hours work with employee allowed a thirty (30) minute paid
meal period during the shift, however work assignments are priority and paramount and City is not
obligated or liable in any manner for meal periods not taken. Employees are encouraged to remain on
the work site during their entire work shift.
1.3 Upon the approval of Public Safety Dispatchers and City, the work schedule for Public Safety
Dispatchers can be modified to meet the needs of the Department of Public Safety.
1.4 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
of the clock.
1.5 Shift Rotation - Shifts will be rotated among employees in time intervals at the discretion of the
Director of Public Safety.
1.6 The established work period shall commence at 12:01 Sunday.
2. Overtime /Compensatory Time /Call Back
2.1 Compensation at the rate of one and one -half times the employee's regular hourly rate of pay will be
paid for all hours worked over forty (40) hours in any one week.
2.2 That a maximum of eighty (80) hours of compensatory time off may be accrued by an employee by
mutual agreement of the employee and the Director of Public Safety.
2.3 Employees who are called back to work after having left the work site, shall be entitled to a minimum of
two (2) hours pay at the overtime rate, and shall include reasonable travel time to and from the
employees residence.
2.4 Employees required-to appear in court in response to a subpoena in their off -duty time shall be entitled
to a minimum of three (3) hours of overtime.
2.5 An employee may petition their supervisor, the management designee or the Director of Public Safety,
in that order, for dispensation from mandatory overtime on the basis of hardship or other unusual
circumstances.
MOA - Public Safety Dispatchers. July 1, 1999 through June 30, 2002
3. Holidays
3.1 That the employees will receive the following thirteen and one -half (13 -112) 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
Every day proclaimed by the President, Governor or Mayor of the City as a public
holiday and made applicable to City employees.
Each day that the Governor declares a day of mourning or special observance as a
holiday for State employees if the declaration makes it applicable to City employees.
3.2 Holiday Pay 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. 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.
3.3 Regular part -time employees will be paid holiday pay based on their designated pro -rata weekly work
schedule.
4. Vacation
4.1 That the following vacation schedule be retained effective July 1, 1995:
Years of Service
(Inclusive)
Monthly
Vacation Rate
Annual
Vacation Hours
Up to 2 years
6.667 hours
80
3 to 5 years
8.000 hours
96
120
6 to 10 years
10.000 hours
144
11 to 15 years
12.000 hours
160
Over 15 years
13.333 hours
4.2 Effective October 1, 1995, vacation may be accumulated to a maximum of three hundred sixty hours
(360) hours, provided that each employee is required to take a minimum of eighty (80) hours vacation
MOA - Public Safety Dispatchers. July 1, 1999 through June 30, 2002 2
annually. Employees may make. special arrangements with the Director of Public Safety and the City
Personnel Officer to reduce to forty (40) hours the minimum number of required vacation hours to be
taken annually and/or accumulate beyond the normal maximum of three hundred sixty (360) hours, if
the employee has plans for an extended vacation.
4.3 Employees must work a minimum of six (6) months before any vacation earned will be credited to said
employee.
4.4 Vacation benefits shall be earned and accrued to employees who are actively working or are taking
leave due to an approved City program or benefit. Vacation benefits do not accrue to employee on
absences from work for over ninety (90) consecutive days whereas the employees become eligible for
the City's long term disability program for either industrial or non - industrial injury or sickness.
4.5 Seasonal, seasonal part -time and temporary employees shall not accrue vacation benefits.
4.6 Preference for vacation scheduling will be on the basis of seniority within classification as has been past
practice.
4.7 Regular part -time employees' fringe benefits shall be as provided in City Council Resolution No. 80 -140,
adopted August 11, 1980, a copy of which is attached hereto.
4.8 Vacation Sellback of up to 40 hours per calendar year with one annual exercise of option in November if
have a minimum of 80 hours accrued vacation and have taken vacation hours during the calendar year
as described in section 42 above.
5. Military Training
An employee may be absent on military leave as authorized in Section 395 through 395.8 of the Military and
Veterans' Code of California and City policies. The employee shall furnish to the City Manager's Office.
satisfactory proof of his/her orders to report for duty and of his /her actual service pursuant to such orders.
Employees with less than one year City service shall take such leave without compensation from the City as
provided in the Military and Veterans' Code.
6. Fringe Benefits, Other Than Vacation and Holidays
6.1 Fringe Benefit Administration - City reserves the right to select the insurance carrier(s) or to
self- administer any of the fringe benefit programs provided during the term of this agreement. In the
event that any offered health plan is no longer offered, the City agrees to provide a suitable
replacement health plan that is substantially comparable and agrees to meet and confer.
All benefits provided under this section (Section 6) are subject to the characteristics of each individual
benefit program.
The value or availability of the benefits provided in this Memorandum of Agreement as originally
worded or as amended from time to time may depend on their tax treatment by the State or Federal
government or the decisions of other government agencies or departments, such as, but not limited to,
the California Public Employees' Retirement System (CalPERS). The City will endeavor to obtain the
most favorable treatment legally possible from these other governmental entities. However, the City
makes no representation concerning the value of such benefits to unit members or how they will be
taxed or otherwise treated by other agencies or departments. The City's obligations under this
Memorandum of Agreement are limited to the direct cost of providing the salary and benefits as
described in this Memorandum of Agreement. The City shall have no additional financial obligation,
even if the tax or other treatment of such salary or benefits by other agencies or departments reduces
or eliminates their value to the employee.
(a) The City will continue all employee benefits and pay the appropriate premiums, as specified in the
applicable section(s) of this agreement, due for an employee out on an authorized leave while an
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employee is being compensated by vacation accrued time, compensatory time, industrial sick
leave time and /or non - industrial sick leave time .
(b) Employee may continue certain employee benefits during an authorized leave without pay for the
period of the authorized leave by making payment to City for said benefits.
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," 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 Public Safety Dispatchers on any
suggested changes to the City's "Disability Wage Plan."
(b) For regular employees hired after July 1, 1993, the following sick leave program will be provided:
Sick Leave Cumulation
Each employee shall earn and may accumulate sick leave as follows:
Hours Earned Hours Earned Maximum Hours
Monthly Annually of Accumulation
g 96 1,200
(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. 97-
165, adopted September 10, 1997.
6.4 Maternity Leave - Regular employees' maternity leave benefits shall be as provided in the City's most
current "Disability Wage Plan," a copy of which is attached hereto.
6.5 Paternity Leave - Regular employees may use up to thirty (30) hours accrued sick leave for paternity
leave, following the birth of a child.
6.6 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 ".
6.7 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 may be 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.
6.8 Americans with Disabilities Act - The City and Public Safety Dispatchers recognize that the City has
an obligation under law to comply with the Americans with Disabilities Act of 1990.
6.9 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
MOA - Public Safety Dispatchers. July 1, 1999 through June 30, 2002
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..
6.10 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 Public Safety Dispatchers 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.
6.11 Dental Program - The City shall continue to provide, at no premium cost to employees, dental service
coverage for employees and dependents on a City self- insurance 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 (Tempo romadibular 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.
6.12 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.
6.13 Adoption - That the City 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
step - children, i.e. children of present spouse.
6.14 Death /Bereavement Leave
(a) A regular employee shall be paid up to thirty (30) hours of bereavement leave when there is a
death in their immediate family.
MOA - Public Safety Dispatchers. July 1, 1999 through June 30, 2002
(b) Additionally, a regular employee may, subject to approval of the department head, use twenty (20)
additional hours of the employees 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,
grandparent -in -law, brother, sister, child (including step - children), step - parents, grand - parents,
grandchildren and relationships in loco- parentis.
(d) It is mutually agreed by the City and Public Safety Dispatchers that the City's most current
"Disability Wage Plan," a copy of which is attached hereto, shall be amended to reflect the
changes as outlined in this Memorandum of Agreement.
6.15 Funeral Benefit - City will provide fifty percent (50 %) co- payment, not to exceed $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.
6.16 Long -Term Disability Insurance - That the City continue to provide, at no premium cost to
employees, 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.
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) Public Safety Dispatchers 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 waiting period (i.e. the eligibility period for employees is ninety
(90) days).
6.17 Short -Term Disability Program - That the City continue to provide, at no premium cost to employees,
the short -term disability program in accordance with the City's most current "Disability Wage Plan," a
copy of which is attached hereto.
6.18 Life Insurance
(a) That 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.
6.19 Deferred Income - That the City will continue to make available to the employees a deferred. income
program, now being administered by National Deferred Compensation and ICMA or a similar program
with another institution acceptable to City.
6.20 Retired and /or Permanently 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, 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."
MOA - Public Safety Dispatchers. July 1, 1999 through June 30, 2002
(b) To regular full -time or regular part -time employees who:
Have at least ten (10) years of continuous service with the City, and;
Are retired forthwith from the City of Rohnert Park service into the CaIPERS at
the time of permanent or total disability, and;
Are permanently and totally disabled from their occupation and unable to perform
with reasonable continuity the material duties of their own occupation.
After 24 months if gainful employment is obtained in an occupation in which the material
duties are reasonably fitted by education, training, experience and compensation to the
occupation at the time of disability, the employee shall no longer be considered permanently
and totally disabled from their occupation. In such circumstances, benefits shall be
discontinued.
Said employees shall be referred to as "Retired Employees" except for the circumstance
noted above in which the employee is no longer permanently and total disabled. Coverage
will extend to eligible dependents.
(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, 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, 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.
MOA - Public Safety Dispatchers. July 1, 1999 through June 30, 2002
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(i) Continuous City service is defined as bnofc0onitinuousegerviceulunderothis regular
section� Part -time
employment only for calculating length
(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 a continuous e and due service for h
otherwise waived by the City Manager
subsequent restoration and approved City paid or unpaid leaves do not constitute separation from
City service for the purpose of this section.
(j) City agrees to pay premium for any future premium increases
to regular m y retirement, retirement font due to
permanent or totalfd stability, or death retires due
applicable. g
p
(k) The City shall extend any and all future increases in
as well as benefit dc deceased coverage mplloyee provided spouse/legal
employees and their spouse /legal dep y apply dependents. Said benefit coverage increases iat the time of the employee's retirement orsdeath! In
the aforementioned parties participate
the event the aforementioned benefit increase by
eatherretipreddemployeeluor
increase, the increased cost for sa ice shall be bone entirely
spouse /legal dependent. becomes err
(I) Any retired employee who, after retirement s on care benefits i by his/her new el ployers said eco coverage
covered by medical, health, dental or vi
provided by the City to considered considered ry
provided by his /her new emplo er , s /herr new employer'sove age shall be pr ma.
(m) Any spouse of a deceased employee or becomes employed and is covered is
byr medical, health,
coverage as provided under this section, be
dental or vision care benefits by his /h employer, bsaithe coverage provided employery and his /her
considered secondary to the coverage provided
employer's coverage shall be considered primary.
6.21 Education and Training - That the City will provide the following education and training
reimbursement benefit:
(a) One hundred percent (100 %) City reimbursem education per
d train ing e per fiscal year for
approved and allowable costs for employee requested
()
b For costs over $1,500 and up to $2,000, the City shall reimburse at fifty percent (50 %) per
employee per fiscal year for approved and allowable costs for employee requested education and
training.
(c) One hundred percent (10o %) City reimbursement per employee per fiscal year for approved and
allowable costs for City requested or City required education and training. completing, with a
(d) Reimbursement shall ur for in adult book ,program, at tSandtiagRo a Junir Cllege, at
satisfactory grade, courses
Sonoma State University, or any other educational b uesteinstitution
mu must b acceptable previously aipproved courses
by the
classes for which reimbursement q
Department Head and the City Manager prior to the start of said classes and approval requested
on the appropriate City form.
(e) The maximum allowed amount reimbursable tuition for
the any educational
ver -s by tuition (other
than described in Sec. 6.22 (a), shall not be g
at the time of enrollment.
6.22 Longevity Pay -That the City continue to provide longevity pay to employees, based on continuous
years of service (as defined in Section 6.20 (i) as follows:
s
h June 30, 2002
MOA - Public Safety Dispatchers. July 1, 1999 throug
t�
Completed Years
of Service
5 years
For each completed
year thereafter
Pay Percentage
Increases
2%
1/2%
The. maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay. The
"completed years of service" will be determined on January 1st and July 1st only and not on an
employee's employment anniversary date.
For employees hired after 10/10/95, the longevity program as outlined above does not apply.
6.23 Educational Incentive Pay'- For regular employees hired after 10/10/95, which are not eligible for
longevity pay as outlined in Section 6.22 the following benefit shall be provided:
Stipend Level l - $100.00
A two year Associate of Science or Arts Degree and three years (or 36 months) of total work
experience as a Dispatcher with the City of Rohnert Park.
Stipend Level 11- $150.00
Bachelor of Science or Arts Degree and three years (or 36 months) of total work experience as a
Dispatcher with the City of Rohnert Park.
6.24 Retirement Programs
(a) That the City will continue to provide the California Public Employees' Retirement System
(CaIPERS) retirement program (2% @ 55 Formula) to miscellaneous member employees
represented by this Agreement.
(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 miscellaneous members
required by CaIPERS.
(d) That, during the term of this agreement, the City will continue to pay the 7% employee's
contribution to CaIPERS and will allow said payment to be credited to the employees 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 RPPSD.
The City pays 7% of the employee's contribution into CaIPERS for all members of the RPPSD as
indicated in Section 6.24 (d) of this Agreement.
The City shall report 7% of the EPMC to CaIPERS as additional compensation for all members of
the RPPSD.
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.
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6.25 Dependent Care Assistance Program - City will continue to provide the Dependent Care Assistance
Program (DCAP) as authorized by the Internal Revenue Service for the set -aside of employee pre -tax
dollars for child care as approved by the Internal Revenue Service (IRS) and the California Franchise
Tax Board.
6.26 Health Care Tax -Free Dollar Account Program - City will continue to provide the Health Care
Tax -Free Dollar Account Program as authorized by the Internal Revenue Service for the set -aside of
employee pre -tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed
medical expenses, has approved by the Internal Revenue Service (IRS) and the California Franchise
Tax Board.
7. Payroll Deductions
7.1 The employees represented by this Agreement decertified SEIU, Local 707 as the Recognized
Employee Organization and formed its own bargaining unit known as the Public Safety Dispatchers,
effective February 1, 1997.
7.2 The Public Safety Dispatcher Unit has selected the Rohnert Park Peace Officers' Association
(RPPOA) as its Recognized Employee Organization.
7.3 That RPPSD be provided with monthly payroll deduction of dues, services fees and premium amounts
for insurance programs sponsored by the employees organization at no cost to the employee
organization.
7.4 That RPPSD provide the City Manager with a listing of deductions to be made from represented
employees. Said listing will remain in force until amended by RPPSD in writing. RPPSD will hold the
City harmless from any liability for errors resulting from errors on the listing provided by RPPSD .
7.5 Agency Shop - City and RPPSD acknowledge that an agency shop arrangement as authorized by
State law (Government Code Section 3502.5) for the Public Safety employees represented was
established pursuant to an election held during a previous contract period. The agency shop shall
apply to all regular full -time and regular part -time Public Safety Dispatchers.
7.6 Employees covered under this Memorandum of Agreement shall join and maintain membership in
RPPSD or at the employee's option (1) pay a monthly service fee equal to a percentage of monthly
dues paid by RPPSD members, or (2) pay monthly to a non- religious, non - labor, charitable fund
exempt from taxation under Section 501(c) (3) of the Internal Revenue Code, a sum equal to the
monthly dues paid by RPPSD members. Said percentage will be established on an annual basis by
RPPSD in accordance with Hudson procedures. Option number two (2) is only available to an
employee with a bona fide religious objection.
7.7 RPPSD 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, employee and
agents for the purpose of complying with the foregoing sections.
7.8 RPPSD agrees that it has the duty to provide fair and non - discriminatory representation to all
employees in all classes covered by this Memorandum of Agreement regardless. of whether they are
members of the employee association. This paragraph shall not be construed to create rights greater
than those contained in applicable State and Federal law.
7.9 All represented employee members who had association dues deduction authorizations on file with the
Auditory- Controller or the association, or who may thereafter authorize in writing the deduction of their
dues, shall remain on payroll deduction for the term of this Memorandum of Agreement or so long as
they are members of the representative units. Members may terminate payroll deductions of dues at
the expiration of this Memorandum of Agreement by giving written notice to RPPSD during a one -
month period between ninety (90) and sixty (60) days prior to the expiration of the term. RPPSD
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agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from any
claim, liability or damage arising from this provision.
8. Salaries & Miscellaneous Pay
8.1 Salary Adjustments
(a) A four percent (4 %) salary adjustment shall be provided effective July 1, 1999 for those employees
covered by this Memorandum of 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 %).
8.2 Shift Differential - Public Safety Dispatchers shall receive a $1.25 per hour shift differential for all
hours worked between five (5) p.m. to seven (7) a.m. effective July 1, 1998.
8.3 Communications Training Officer Pay - Employees who are qualified and regularly assigned by the
Director of Public Safety in the training of new Public Safety Dispatchers during their probationary
period, shall receive a monthly stipend of $110. This stipend may be pro -rated by pay period at $55
per pay period.
8.4 Bilingual Dispatchers - The City and Public Safety Dispatchers have agreed to special compensation
to Bilingual Dispatchers. The Public Safety Department shall appoint a committee to develop
standards for Dispatchers to receive bilingual pay. Thereafter the City shall meet and confer with the
Public Safety Dispatchers Unit and their representatives from the RPPOA. To establish compensation.
The City and Public Safety Dispatchers have agreed to special compensation to Bilingual Dispatchers
of $50 /pay period.
8.5 Pay Checks - Pay checks shall be distributed by City to employees by noon on pay day.
8.6 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, Public Safety Dispatchers and their representatives from
the RPPOA agree to re -open this agreement and meet and confer to address and discuss salary
issues.
9. Alcohol
The City agrees to continue 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 employees are required to think clearly and respond quickly and responsibility during emergency
situation 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 making mistakes
or 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.
9.1 Alcoholic beverages, or other.drugs which affect an employees ability to think clearly or function safely,
shall not be used by employees during their assigned work day.
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9.2 If an employee who has been drinking alcohol or using a drug which may impair the employee's ability
to think clearly or function safely receives a call to return to work during off -duty hours, the employee
must decline the request to work.
9.3 Employees using prescription drugs which affect the employees ability to think clearly or work safely
must inform their supervisor and may be assigned to other appropriate duties or required to take sick
leave.
10. Physical and Psychological Fitness
Public Safety Dispatchers (or other authorized employee association) acknowledges the importance of
employees maintaining proper physical and mental condition in order to perform job duties in a manner
acceptable to the City. City can, at its option and cost, require a complete physical examination for any or all
employees at any time to determine job fitness.
10.1 To assist employee in maintaining proper fitness, proper diet and consistent weight control, the City will
pay fifty percent (50 %) of a qualified dietary and weight reduction program approved by the City. The
fifty percent (50 %) payment shall not exceed $200 and shall be paid twenty -five percent (25 %) upon
reaching goal weight and certified by a weight loss consultant and the balance of twenty -five (25 %) six
(6) months after reaching goal weight if goal weight is maintained. Goal weight is defined as the
maximum weight allowed under the City's height/weight relationship requirements or a lower amount
as required by the dietary and weight control program. Payments will be made as a reimbursement.
10.2 Psychological Counseling - 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
in strictest confidence. City at its sole discretion reserves the right to establish a maximum counseling
benefit.
11. Smoking
11.1 In recognition of the nation -wide concern with smoking and the relationship it has to heart 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 smoking and who starts smoking, shall rebate to City all paid non - smoking premium paid by the
City to said employee during the immediate twelve (12) months preceding.
11.2 Employees hired with a condition that they not smoke shall be required to remain non - smokers
throughout their employment. A non - smoker shall not smoke or use any tobacco product either on or
off -duty while employed. An affidavit signed on a periodic basis by employee shall be used to verify
continued non - smoking status.
11.3 Public Safety Dispatchers (or other authorized employee association) acknowledges that the City
intends to hire new employees with the clearly expressed condition of employment that they refrain
from smoking. Public Safety Dispatchers (or other authorized employee association) acknowledges
the City's right to take appropriate disciplinary actions should any such employee hired after the
effective date of this agreement violate the agreed upon conditions of employment. Prior to final
disciplinary action being taken, City will refer the employee to the employee assistance program for
consultation and referral.
11.4 Public Safety Dispatchers (or other authorized employee association) acknowledges that due to City's
commitment to hiring employees with the clearly expressed condition of employment that they refrain
from smoking, that employees hired after July 1, 1993 shall not receive a $25 pay premium for not
smoking.
12. Residency
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All employee's are encouraged to reside within the City. For the term of this Memorandum of Agreement, all
employees residing within Rohnert Park shall receive a $60 per month residency bonus. At the discretion'of
the City Manager, said residency bonus may increase.
13. Grievance Policy and Procedure
Both Public Safety Dispatchers (or other authorized employee association) and City agree to comply with the
grievance procedure as outlined in Resolution No. 79 -22, adopted February 13, 1979, a copy of which is
attached hereto. Failure to meet any time line or specifically comply with any other requirement of the
grievance procedure constitutes a specific waiver and is a bar to further consideration of the grievance.
14. Use of City Facilities
Employees will be allowed to participate with no fee imposed in open gym time and use the weight room and
locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim
Program conducted at the City's swimming pools. Other activities requiring payment of a fee can be
discussed with the City Manager for consideration of a waiver of part or all of the fee.
15. Management Rights
Except as limited in this Memorandum of Agreement and applicable State laws, the exclusive rights of the City
shall include, but not be limited to, the right to determine the organization of city government and the purpose
and mission of its departments and agencies, to determine the nature, levels and mode of delivery and to set
standards of service to be offered to the public; and through its management officials to exercise control and
discretion over its organization and operations; to establish and effect administrative regulations which are
consistent with law and the specific provisions of this Memorandum of Agreement; to direct its employees and
establish employee performance standards and to require compliance therewith; to take disciplinary action; to
discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline
employees subject to the requirements of applicable laws; to lay off its employees whenever their positions
are abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate reasons; to
determine whether goods or services shall be made, purchased, or contracted for; to determine the methods,
means, and numbers and kinds of personnel by which the City's services are to be provided; including the
right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the
City; and to take all necessary actions to protect the public and carry out its mission in emergencies.
16. Work Curtailment (No Strike Clause)
Under no circumstances any employees individually or collectively cause, sanction, honor or engage in any
strike, sit -down, stay -in, sick -out, slow -down, speed -up, work to rule or any other type of lob action,
curtailment of work, restriction of production or restriction of service during the term of this agreement.
17. Personnel Rules and Regulations
City agrees to meet and confer regarding any updates or changes to same
18. Term of Agreement
18.1 This agreement is to become effective on July 1, 1999.
18.2 This agreement will terminate on June 30, 2002 unless extended by mutual agreement of the parties
which include the City Manager or designee, Dispatcher representatives and their unit representative.
19. Succeeding Agreement
Negotiations for the period commencing July 1, 2002 shall begin on or before May 1, 2002, by which time
Public Safety Dispatchers (or other authorized employee association) shall submit its proposals to the City
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Manager. Said submittal shall include an estimated percentage decrease or increase in the cost of same
compared to the provisions of this agreement.
20. Invalidation
20.1 If during the term of this Memorandum of Agreement, any item or portion thereof of this Memorandum
of 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.
20.2 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.
21. Non - Discrimination
City acknowledges that in receiving the benefits afforded by this Memorandum of Agreement, no person shall
in any way be favored or discriminated against to the extend prohibited by law because of political or religious
opinions or affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or
physical or mental disability.
22. Personnel Files
Employees or their duly authorized representative have the right to inspect his or her personnel file
maintained on him or her by the City. Employees have the right to respond in writing to anything contained or
placed in their personnel file and any such responses shall become part of the personnel file.
23. Employee Performance Evaluations
23.1 Employees shall be provided with a copy of his /her performance evaluation twenty -four (24) hours prior
to the evaluations interview.
23.2 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 seventy -two (72) hours after the
evaluation interview.
24. Employee Association Officers
The City agrees to authorize two (2) job stewards and one (1) alternate to attend to employee association
business. In no event shall more than two (2) employee association representatives attend association
business meetings. Total time spent shall not exceed forty (40) hours in aggregate in any fiscal year. The
employee association shall provide a monthly reporting to the City the names and hours used by employee
association officers during City hours. In all cases, the employee association officer shall secure permission
from their supervisor before leaving a work assignment.
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Meet and Confer Representatives for Public Safety Dispatchers:
Teresa Mazzanti, Communit9tions Supervisor Nanette Coats, Public Safety Dispatcher
RPPOA - Roger Schwanke RPPOA — Richard Lucero
Representative
Meet and Confer Representatives for City of Rohnert P
Pamala R. Robbins, Personnel Manager
By:
all
Josep W"etttr, City 'Manager
io -ate
Resolution Number: Per Reso.. No. 2000 -12 adopted 01 /11 /00 by the City Council
Incorporated by Reference. The following are incorporated in this agreement by reference:
City Council Resolution No. 79 -22, adopted February 13,1979
City Council Resolution No. 80 -140, adopted August 11, 1980
City Council Resolution No. 96 -203, adopted November 26,1996
City Council Resolution No. 97 -165, adopted September 10, 1997
City's most current "Disability Wage Plan"
City's Personnel Rules & Regulations
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