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2017/03/28 City Council Resolution 2017-034RESOLUTION NO. 2017-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE TENTATIVE AGREEMENT ON A FOUR YEAR PROPOSAL WITH THE ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION (RPPSOA) WHEREAS, the Rohnert Park Public Safety Officer's Association (RPPSOA) has ratified the terms and conditions contained in their Tentative Agreement on a Four Year Proposal with the City of Rohnert Park (City) dated March 10, 2017; and WHEREAS, the City Council wishes to recognize and approve the terms and conditions of the Tentative Agreement on a Four Year Proposal with RPPSOA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the Tentative Agreement on a Four Year Proposal with the RPPSOA which is attached hereto as Exhibit "A" and incorporated herein by this reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY & REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 28`" day of March, 2017. CITY OF ROHNERT PARK s Jake Ma keazie, Mayor ATTEST: �a,(a,�a Z- _ Caitlin Saldanha, Deputy City Clerk Exhibit A: RPPSOA TENTATIVE AGREEMENT ON A FOUR YEAR PROPOSAL DATED MARCH 10, 2017 AHANOTU: [�yA BELFORTE: A CALLINAN: _Ad eSTAFFORD: MACKENZIE: IL � AYES: ( 5 ) NOES: ( 0 ) ABSENT: ( " ) ABSTAIN: ( 0 ) ig ALIFORM Lop Final Tentative Agreement MEMORANDUM OF AGREEMENT Between THE CITY OF ROHNERT PARK and the ROHNERT PARK PUBLIC SAFETY OFFICER'S ASSOCIATION (RPPSOA) EFFECTIVE April 2, 2017 (or first day of first pay period after Council approualj THROUGH .LUNE 30, 291:72021 EXHIBITA MP #4823-9628-9347 v12 TABLE OF CONTENTS [To be revisedl Page 1. Hours of Work...................................................................................,................................ 4 2 3. 4. 9 M. 7 1.1 Regular Work Period for Employees...................................................................... 4 1.2 Work Schedules..................................................................................................... 5 1.3 Dispatchers Shift Rotation..................................................................................... 5 1.4 Public Safety Officer Trainees................................................................................ 5 1.5 Police and Fire Training Drills................................................................................. 5 1.6 Breaks and Meal Breaks......................................................................................... 6 1.7 Shift Changes ...................................................... ..,................................................. 6 1.8 FLSA Overtime........................................................................................................ 7 1.9 Shift Change Day Light Savings Time..................................................................... 7 1.10 Fire Division Schedule......................................................................................... 7 1.11 Shift Sign-Up........................................................................................................... 8 Contract Overtime/Compensatory Time/Call-Out/Stand-by/Court Appearances ............ 8 2.1 Contract Overtime............................................................................ ... 8 2.2 Compensatory Time............................................................................................... 9 2.3 Call-Out..............................................................................................10 2.4 Stand-By...............................................................................................................10 2.5 Off -Duty Court Appearance Pay.. ........................................................................ 10 2.6 Overtime Cancellation......................................................................................... 11 OvertimeCalculation...........................................................,...,....................................... 11 Holidays............................................................................................................................ 12 4.1 Observed Holidays............................................................................................... 12 4.2 Holiday Pay............................................................................................................ 13 4.3 Holiday Pay for Detectives................................................................................... 13 4.4 Holiday Pay Rate.....................................•............................................................ 13 Annual Leave Program..................................................................................................... 14 MilitaryLeave................................................................................................................. 15 OtherFringe Benefits.......................................................................................................15 7.1 Fringe Benefit Administration..............................................................................15 7.2 Regular Part -Time Employees Fringe Benefits .................................................... 15 7.3 Industrial Injury or Illness.....................................................................................15 7.4 Catastrophic Leave............................................................................................... 16 7.5 Paternity Leave.................................................................................................... 16 7.6 Family and Medical Leave.................................................................................... 16 7.7 Light or Limited Duty............................................................................................16 7.8 Americans with Disabilities Act............................................................................16 MP #4823-9628-9347 v12 91 0] 10. TABLE OF CONTENTS (continued) Page 7.9 Payment to Beneficiary............................................................... .,....................... 16 7.10 Health Plan Coverage...........................................................................................17 10.2 7.11 Dental Coverage...................................................................................................18 10.3 7.12 Vision Coverage....................................................................................................19 10.4 7.13 Adoption Benefit.................................................................................................. 19 7.14 Bereavement Leave............................................................................................. 20 7.15 Funeral Expense Benefit...................................................................................... 20 7.16 Long -Term Disability Insurance........................................................................... 20 7.17 Life Insurance....................................................................................................... 21 7.18 Deferred Income.................................................................................................. 21 7.19 Retired, Deceased and/or Permanently and Totally Disabled Employees.......... 21 7.20 Clothing Allowance.............................................................................................. 29 7.21 Education and Training........................................................................................ 30 7.22 Longevity and Incentive Pay (P.O.S.T., Detectives, Motor Officers) .................... 30 7.23 Retirement Program.................................................................................. ...... 32 7.24 Dependent Care Assistance Program.................................................................. 34 7.25 Health Care Tax -Free Dollar Account Program .................................................... 34 7.26 Off -Duty Employment.......................................................................................... 34 7.27 Reinstatement/Specialty Position....................................................................... 34 Age icy Shop and Payroll Deductions.............................................................................. 35 8.1 Agency Shop......................................................................................................... 35 8.2 Deductions........................................................................................................... 36 8.3 Listing of Deductions............................................................................................ 36 8.4 Hold Harmless...................................................................................................... 36 8.5 Bargaining Unit Work........................................................................................... 36 SafetyEquipment............................................................................................................. 37 9.1 Replacement Equipment..................................................................................... 37 9.2 Personal Equipment............................................................................................. 37 9.3 UV Eye Protection (Sunglasses).......................................................................... 37 Salaries & Miscellaneous Pay........................................................................................... 38 10.1 (a) Salary Adjustments...................................................................................... 38 (b) Ratification Bonus..................................................................................................... 38 10.2 Monthly Salary Schedule..................................................................................... 38 10.3 Incentive Pay or Acting Pay.................................................................................. 38 10.4 EMT Pay............................................................................................................... 43 10.5 Payday..................................................................................................................43 10.6 Shift Differential................................................................................................... 43 10.7 Bilingual Pay......................................................................................................... -ii- 43 MP #4823-9628-9347 v12 TABLE OF CONTENTS (continued) Page MP #4823-9628-9347 V12 10.8 Master Officer Program....................................................................................... 44 10.9 Fire Marshal Pay................................................................................................... 45 11. Alcohol and Drugs............................................................................................................ 45 11.1 Alcoholic Beverages or Other Drugs.................................................................... 45 11.2 Off-duty Hours..................................................................................................... 45 11.3 Prescription Drugs...........................................................................................,....46 11.4 Special Assignments.............................................................................................46 12. Physical and Psychological Fitness................................................................................... 46 12.1 Physical Fitness.................................................................................................... 46 12.2 Fitness Program................................................................................................... 46 12.3 Psychological Fitness............................................................................................ 47 12.4 Psychological Counseling..................................................................................... 47 13. Smoking............................................................................................................................47 13.1 Employees Hired After July 1, 1993..................................................................... 47 14. Grievance Policy and Procedure...................................................................................... 47 15. Use of Sport Center and Lap Swimming Program........................................................... 48 16. Management Rights......................................................................................................... 48 17. Work Curtailment (No Strike Clause)............................................................................... 49 18. Personnel Rules and Regulations..................................................................................... 49 19. Complete Understanding................................................................................................ 49 20. Term of Agreement.......................................................................................................... 50 21. Succeeding Agreement.................................................................................................... 50 22. Invalidation...................................................................................................................... 50 22.1 Suspension of Agreement............................................................... ................. 50 22.2 Replacement........................................................................................................50 23. Non-Discrimination.......................................................................................................... 50 24. Personnel Files................................................................................................................. 51 25. Employee Performance Evaluations................................................................................51 26, No Contracting Out.......................................................................................................... 51 MP #4823-9628-9347 V12 MEMORANDUM OF AGREEMENT The City of Rohnert Park (City) recognizes the Rohnert Park Public Safety Officers' Association (RPPSOA) as the labor bargaining and representation unit for Public Safety Sergeants, Public Safety Officers I-IVV4, gr -e Mar&#alj Public Safety Dispatchers, Communications Supervisor, Community Services Officers, Part -Time Dispatchers, and Public Safety Officer Trainees. Pursuant to Government Code Section 3500 et seq., the representatives of the RPPSOA and the representatives of the City have met and conferred and hereby submit their joint recommendation for salary and b-enefit compensation for all members of the bargaining unit. Public Safety Officer Trainees are included in this Memorandum of Agreement with limited terms and conditions only as specified herein. 1. Hours of Work 1.1 Regular Work Period for Employees (a) The FLSA work period for all sworn personnel assigned to the Police Division and fAr the Aire A44a 1, consists of 28 days. The FLSA work period for all sworn personnel assigned to the Fire Division, exeept f9F the Fire ""-,rrh t, consists f 27 or 24 days. The FLSA work period for all non -•-sworn employees consists of 7 days. (b) Due to the differences in Work Schedules in Section 1.2 (shift structures and FLSA work periods), actual hourly rates for sworn personnel assigned to the Fire Division may be reduced, as pay for sworn personnel assigned to the Fire Division will be adjusted in such a manner so that the agreed upon monthly wages for each step in any class will be met. This will not result in any reduction in the regular rate of pay for sworn personnel assigned to the Police Division. This adjustment maintains pay parity between the Police and Fire divisions. (c) In order to provide public safety services to the community at all times during the day, the City will establish shifts. The City retains the authority to determine the regular start and end times and days of shifts. (d) 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. MP #4823-9628-9347 v12- 5 1.2 Work Schedules Four (4) consecutive work days of ten (10) consecutive hours followed by three (3) consecutive days off; or twelve (12) hour shifts for patrol personnel as described in Exhibit X consisting of three [3] consecutive work days of twelve [12] consecutive hours followed by four [4] consecutive days off followed by four [4] consecutive work days of twelve [12] consecutive hours followed by three [3] consecutive days off, with an employee receiving an eight [8] hour "payback" once every FLSA work period shall constitute the primary workweek for all employees of the bargaining unit, except those assigned to the Fire Division on the Kelly Plan or "2x4" Schedules, and Public Safety Officer Trainees. Under special or unusual circumstances, alternate workweeks can be implemented by the Director of Public Safety through a side -letter agreement with the RPPSOA following a Meet and Confer Process. Such side -letter agreements shall contain a specific expiration date and shall not establish precedent for future cases. The established work cycle shall commence at 12:01 a.m. on Sunday. 1.3 Dispatchers Shift Rotation Shifts will be rotated among dispatchers in time intervals at the discretion of the Director of Public Safety. 1.4 Public Safety Officer Trainees Public Safety Officer Trainees' hours of work generally will be to attend and participate in the Basic Police Academy. City reserves the right to make additional work assignments. 1.5 Police and Fire Training Drills Public Safety Sergeants, Public Safety Officers, and Community Service Officers are required to participate in police or fire training drills unless on approved leave or previously excused in writing by the Director of Public Safety. Sworn employees participating in training drills during a scheduled shift shall be paid at his/her hourly rate of pay in the Division of their shift assignment. If training does not occur during the employee's scheduled shift, the employee will be paid at the overtime rate of pay calculated at the employee's regular rate of pay utilizing the Police Division base pay and all applicable premiums. For training not scheduled during the employee's scheduled shift, the Department will notify an employee by 1700 hours the previous business day if his/her training is cancelled. Notification of an employee's training cancellation will be accomplished via the text pager system and Department voice mail system. An employee is required MP #4823-9628-9347 v12- 6 to check his/her Department voice mail at 1700 hours the previous business day to the training to check if the training is cancelled. When the training is cancelled by 1700 hours the previous business day, the employee receives no compensation. When an employee's training is cancelled after 1700 hours the previous business day to the training, the employee is entitled to two (2) hours compensation at the overtime rate as described in Section 3. 1.6 Breaks and Meal Breaks Public Safety Sergeants, Public Safety Officers, and Community Services Officers are allowed two (2) fifteen (15) minute 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 breaks not taken. Dispatchers will be 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. Dispatchers are encouraged to remain on the work site during their entire work shift. Unless specifically directed to remain on the work site, Dispatchers may elect to leave Lhe_work site during the paid meal period. 1.7 Shift Changes (a) Employees shall receive at least seventy-two (72) hours (three (3) calendar days) notice of involuntary shift changes for assignments of thirty (30) days or less, 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. (b) Employees shall receive at least one -hundred and sixty-eight (168) hours (seven (7) calendar days) notice of involuntary shift changes for assignments in excess of thirty (30) days, 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. (c) All work performed as the result of a shift change with less notice than required in (a) or (b) above shall be compensated at the overtime rate until the employee resumes his/her regular shift or the seventy-two (72) hour or one -hundred sixty-eight (168) hour required notice period has expired, whichever occurs first. Regular shift as used here means the employee's normal hours worked prior to the shift change. MP #4823-9628-9347 v12- 7 1.8 FLSA Overtime Any sworn employee assigned to the Police Division who works more than one hundred seventy one (171) hours during any twenty-eight (28) day work period, and any sworn employee assigned to the Fire Division who works more than the hours per designated work period permitted by the Fair Labor Standards Act shall be paid at time and one-half his/her regular rate of pay for each hour of work performed in excess of these legally defined maximums. Any civilian employee who works more than forty (40) hours during any seven (7) day work period shall be paid at time and one-half his/her regular rate of pay for each hour performed in excess of this legally defined maximum. Overtime payments shall be calculated at the end of each work period, and shall be paid promptly. The paychecks provided to sworn members working the Kelly Plan or "2x4 "schedule described below in Section 1.10 will regularly include a specific amount of FLSA overtime per work period as required by the schedule, and only overtime in excess of that amount will be calculated and paid at the end of each work period. All hours in paid status shall count as "hours worked" in calculating FLSA overtime. 1.9 Shift Change Day Light Savings Time For shifts worked on the dates on which Day Light Savings Time is adjusted, overtime will be paid for extra time worked if the City prolongs the shift as a result of changing the clock. There shall be no deduction in pay if the City shortens the shift as a result of changing the clock. 1.10 Fire Division Schedule An adequate number of teams, consisting of no fewer than two (2) RPPSOA members (Sergeants and PSOs) each will work either a 24-hour Kelly Plan or2x4 schedule to provide minimum round the clock staffing of two (2) or more PSO staffed fire stations. The City reserves the right to implement modified staffing in the event of a declared emergency situation. (a) Under the Kelly plan, the work period is a 27 -day period. Each team is scheduled for nine (9) 24-hour shifts during the 27 day work period. FLSA overtime will be paid for hours worked in excess of 204 hours for that work period, as provided for in Section 1.7 above. (b) Under the 2x4 schedule, the work period is a 24 -day period. Each team is scheduled for eight (8) 24-hour shifts during the 24 day work period. The pattern MP #4823-9628-9347 v12- 8 of the 2x4 schedule is to work 48 consecutive hours followed by 96 hours off. FLSA overtime will be paid for hours worked in excess of 182 hours for that work period, as provided for in Section 1.7-8 above. (c) RPPSOA members working the Kelly Plan will receive 162.36 hours of FLSA overtime per year. This evertime-pay can be er^-"*^a as r=eRqp tim p dame, -i-- His--E?P=�F FF7�-L It3-f=1�lA-f-i�h -fYl-3 d e s e 1 eA y a t tke a' rr.7of 14?re employee. Thi 5 ubjea to the lirnitatioP5 in -Section 2.2 go ofs�"-hmmla (d) RPPSOA members working the 2x4 schedule will receive 10 hours of FLSA overtime per 24 -day work period. This evertime pa be eelited as emp ti m A eaFned. This dete�dTNnatloA will be Fnade solely at h 4ir-cr tiraR of+i.� ernpioyee. This pmvision is c.i!jeet to the limitat' in C t' 7 7 eempensateFy time. (e) Use of annual leave, sick leave, and related benefit time off for employees regularly assigned to the Fire Division shall be computed by a ratio of 0.71. 1.11 Shift Sign -Up Patrol shift sign-ups will occur twice a year, generally once during the month of February and once during the month of August. Sign-ups for all shifts will be done by seniority basis by time in grade except when, on a person by person basis, the Director determines a need to do otherwise. 2. Contract Overtime/Compensatory Time/Call-Out/Stand-by/Court Appearances 2.1 Contract Overtime (a) City agrees that contract overtime (which includes both non-FLSA overtime, and all FLSA overtime except regularly scheduled overtime resulting f r m the Kelly Plan or the 2x4 work schedule) will be calculated as described in Section 3, and paid under any of the following circumstances: (i) Work hours over the normal number of hours worked in a single workday (See Section 1.2). (ii) Work hours of a workday beyond the normal number of workdays in the employee's regular work schedule (See Section 1.2). (iii) All hours in paid status shall count as "hours worked" in calculating Contract overtime. MP#4823-9628-9347 v12- 9 (b) Dispatchers in a part-time status shall receive compensation for all hours worked over ten (10) hours in a shift at time and one-half the employee's regular rate of pay. (c) That compensation as described in Section 1.5 will be paid for all mandated fire drills conducted during employee's off-duty hours. (d) Compensation for off-duty full-time employees required to answer the fire service alarm shall be as described in Section 3 with a minimum of three (3) hours call - out pay. (e) For Public Safety Officer Trainees Only -Overtime shall be paid in accordance with all applicable State and Federal laws. (f) All hours of authorized p_Lurd leave (e.g. Annual Leave, Sick Leave, Compensatory Time Off, Bereavement Leave, Paternity Leave, Family Leave, etc.) shall count as "work hours" and "hours worked" in calculating Contract Overtime. 2.2 Compensatory Time (a) That a maximum of one hundred and forty (140) hours of compensatory time off may be accrued by mutual agreement of the employee and Director of Public Safety. (b) An employee may accrue compensatory time for overtime worked, rather than being paid for the overtime with the exception of FSLA overtime provided pursuant to section 1.10 (c) and -(d) above. FSLA overtime provided pursuant to section 1.10 (c) and d will be paid in wages. All compensatory time accrued after the adoption of this MOA will be recorded in the police compensatory time bank, regardless of assigned home division. (c) 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 be paid for accrued compensatory time. (d) An employee must request the use of compensatory time off in writing to his/her direct supervisor, who will provide a written response within 24 hours, granting or denying the specific request. A supervisor may not approve a request from a sworn --employee to use compensatory time off in the event granting the request would require the City to fill the employee's shift on an overtime basis. If the request is denied, the sworn employee may resubmit the request for another date. The s w o r n employee will be provided the opportunity to utilize the requested compensatory time off within one (1) year of the date of the initial request, or the City will pay out the requested amount of compensatory time at the end of the calendar year in which the request was made. MP #4823-9628-9347 v12- 10 2.3 Call -Out That call -out for any City Public Safety function during off-duty periods shall be compensated as described in Section 3 with a minimum of three (3) hours call -out pay., Except as otherwise provided in Section 2.5 —C -call -out time shall include reasonable travel time to and from the employees' residence, appearance in court in response to a subpoena in their off-duty 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 as described in Section 3 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 appearing, in court pursuant to a valid subpoena_0;4---ty husiness, during off-duty hours shall receive a minimum of three (3) hours pay at the overtime rate of pay as described in Section 3, or overtime compensation as described in Section 3 for the 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 such as witness preparation conducted by the District Attorney's Office or other prosecuting authority. Travel time to and from a court outside of Sonoma County is paid only when court Urne and travel time exceeds the three hour minimum. There is no additional pay for per diem allowances transportation costs and/or lodging. 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. MP#4823-9628-9347 v12- 11 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. An employee, who is subpoenaed by a former jurisdiction is required to check with that jurisdiction prior to 1700 hours the business day prior 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 as described in Section 3. 2.6 Overtime Cancellation The Department will notify an employee 12 hours prior to a scheduled overtime shift if his/her scheduled overtime shift is cancelled. Notification of an employee's scheduled overtime shift 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 12 hours prior to the scheduled overtime shift to check if the overtime shift is cancelled. When the scheduled overtime shift is cancelled by 12 hours prior to the overtime shift, the employee receives no compensation. When an employee's scheduled overtime shift is cancelled less than 12 hours prior to the start of the overtime shift, the employee is entitled to two (2) hours of compensation at the overtime rate as described in Section 3. 3. Overtime Calculation Overtime worked by an employee shall be calculated at the employee's regular rate of pay utilizing the Police Division base pay and all applicable premiums. MP #4823-9628-9347 v12- 12 4. Holidays 4.1 Observed Holidays Employees will receive the following thirteen and one-half (13 1/2) holidays annually, specifically: "New Year's Day," The third Monday in January, "Martin Luther King, Jr. Day," Friday proceeding "President's Day", The third_Monday in February, "President's Day," The last Monday in May, "Memorial Day," "Independence Day," The first Monday in September, "Labor Day" "State Admission Day," The second Monday in October, "Columbus Day," "Veteran's Day," The fourth Thursday in November, "Thanksgiving Day," Day after "Thanksgiving 12:00 Noon to 5:00 p.m. on Christmas Eve "Christmas Day," 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. &P,p4 es in the 4a -y of FiFe Marcia -.441 ab.r.-.FVe the Fisted hel:day5 ar ROR W9Fl(*Rg' day &, and 5laei4 be {eligible ( fef a� � i n -Nei+ #elm Fy� }gay a r, d` .ems 4a subsequent 1ARGAiGAS 4.4 4 4 P, ihkn y, at hisheF dir.FetieR, Fegaire that an empleyee In the job Glea5S---Of FiFP MaFSh@l fWWFe use GIUNAgt4e4scalyeaf a3 a paid clay elf; between the employee and herlher s �r..ienr 4.2 Holiday Pay Holiday Pay for the full calendar year will be paid "we -once a year, on the first pay date perled in December Ame and first n ri I ;n -r, b T --to those employees required to work holidays for the holidays worked. Employees can be required to MP #4823-9628-9347 v12- 13 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 ten (10) hours only. City agrees that taxes withheld for Holiday Pay checks will be annualized to reduce the tax impact on individual checks. Regular part-time employees will be paid holiday pay based on their designated pro -rata weekly work schedule. If an employee receives holiday pay for a holiday and leaves City employment before the Occurrence of the holiday, the amount of the holiday pay advanced to the employee for the holiday not worked shall be deducted from the employee's final paycheck. 4.3 Holiday Pay for Detectives Except at the direction upon the aPPF9VaI of the Director of Public Safety, PSOs assigned to the Detective Division shall utilize holiday paid _leave _and will not 4ae autht;r°;^^' }^ work and receive holiday pay and sh l1 notb^ paid v^l;daP4pursuant to Section 4.2 for the following four (4) holidays annually, specifically: 1. New Year's Day 2. Thanksgiving 3. Day after Thanksgiving 4. Christmas In the event that PSOs assigned to the Detective Division are ordered to work on any of the four (4) holidays identified above, the employee will receive compensation at time and one-half of his/her regular rate of pay in addition to the Holiday Pay for his/her regularly scheduled work time. PSOs assigned to the Detective Division 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. 4.4 Holiday Pay Rate All compensation paid to sworn employees due to the holidays identified above shall be based upon the employee's regular rate of pay in the Police Division. MP #4823-9628-9347 v12- 14 5. Annual Leave Program (a) Effective July 1, 2011 employees shall accrue the following Annual Leave: Length of Service As a Full-time Employee 0 to 2 vears 6 to 10 years 11 to 15 years 16+ vears Monthly Annual Leave Hours 13.167 Hours 16.5 Hours 18.5 Hours Yearly Annual Leave Hours 158 Hours 198 Hours 222 Hours (b) Effective July 1, 2011, employees shall not accrue any form of sick leave or disability wage, non -industrial or industrial. However, employees who have accrued fully paid -hours under either the sick leave or disability wage program for non -industrial illness and injury shall retain the balance of such hours accumulated as of July 1, 2011. Paid leave for approved absence due to injury or illness may be charged against this balance at the employee's discretion. Upon retirement from the City of Rohnert Park, an employee may convert any remaining sick leave balance to service credits pursuant to CalPERS regulations and procedures. (c) Effective July 1, 2011, employees shall not accrue vacation. All existing accumulated vacation shall be converted to Annual Leave. (d) Annual leave hours may be used to provide paid time off for any approved absence, including but not limited to vacation and illness. When annual leave is used for sick leave purposes, the City may require the employee to submit substantiating evidence of illness consistent with the City's Personnel Rules if there is a demonstrable pattern of abuse. (e) Effective April 2, 2017 [or at the beginning the first pay period after Council approval of this Agreement if fater],Wy 1, 2012 an employee may accumulate annual leave credits up to a maximum of X550 hours of annual leave. Accrual shall cease until the annual leave balance falls below the 500-550 hour annual leave cap. (f) Accumulated annual leave shall be converted to cash at the Police hourly rate upon separation from City service. The cash value of the accumulated leave for sworn personnel will be based upon the employee's regular rate of pay in the Police Division. MP #4823-9628-9347 v12- 15 (g) Preference for leave scheduling will be on the basis of seniority within classification and/or as has been past practice. (h) The City will provide a short term disability insurance program which includes income replacement of 60% and benefits coordination to employees. (i) Employees who are off work on a paid leave shall accrue annual leave and maintain all other benefits to the extent consistent with the City's existing Personnel Rules, with any changes to the City's Personnel Rules subject to meet and confer. (j) DWFiRg tk►e teFFIA of tl*+s ^ o" me nt, tlae PaFties agFee W faffR aH4 adviseFy pfief to Jt4y 4-, 291-1-, wherein RPP!;QA rrPmhpr-'; ac-GFUed sepaFate varemien and 6. Military Leave The City grants military leave and related benefits maintenance, job seniority and retention rights to all employees for service in a uniformed service in accordance with state and federal law. The employee must notify his/her supervisor of upcoming military duty as soon as he/she becomes aware of his/her obligation. 7. Other Fringe Benefits 7.1 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. 7.2 Regular Part -Time Employees Fringe Benefits 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. MP #4823-9628-9347 v12- 16 7.3 Industrial Injury or Illness Benefits for bargaining unit members who at any time during their employment with the City have been classified as safety members may be eligible under Section 4850 of the California Labor Code and/or City policies for job-related injuries or illness. Sick leave and/or annual leave shall not be used for industrial injury or illness under Section 4850. 7.4 Catastrophic Leave Leave benefits shall be provided as outlined in City Council Resolution No. 2001-270, adopted December 11, 2001 -Catastrophic Leave. 7.5 Paternity Leave Regular employees may use up to three (3) days accrued sick leave or annual leave for paternity leave, following the birth or adoption of a child. 7.6 Family and Medical Leave Employees may request an unpaid leave of absence under the California Family Rights Act (CFRA) and/or the Federal Family Medical Leave Act (FMLA). Employee request for leave shall comply with the requirements of the CFRA and/or the FMLA. 7.7 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 shall be temporary. They may involve duties that differ slightly from the normal work duties of the employee but shall be duties substantially within the scope of those normally performed by other employees with the same job classification. Such light or limited duty assignment shall not affect the employee's job classification or retirement status (i.e. Safety vs. Non -Safety Retirement). Such light, limited, or modified duty shall terminate when the employee is physically able to perform all his/her normal work duties; when the City is no longer able reasonably to accommodate the employee's restrictions, or as otherwise Permitted by law. MP #4823-9628-9347 v12- 17 7.8 Americans with Disabilities Act The City and RPPSOA recognize that the City has an obligation under law to comply with the Americans with Disabilities Act (ADA), and disability provisions of the California Flair Employment and Housing Act (FE14A). 7.9 Payment to Beneficiary Upon death of an employee, any unused annual leave and compensatory time shall be paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or beneficiary, any unused vacation and compensatory time shall be paid to the primary beneficiary specified by the employee on the employee's enrollment/beneficiary card for City -provided Life Insurance. 7.10 Health Plan Coverage The City shall provide the insurance programs described in this Section. Pursuant to Section 7.1, the City reserves the right to provide these insurance programs by self- insurance, through an insurance company or by any other method which provides the coverage outlined. Any premiums paid by the employee eligible for Section 125 will be deducted from the employee's pay on a pre-tax basis. (a) Health Insurance The City shall offer employees and their eligible dependents, a health insurance program under the terms set forth below: (i) Employees will have a choice of Kaiser Permanente (Traditional $20 Co -Pay Plan, Traditional $40 Co -Pay Plan and HSA)1 REMIF Self Insured Plans, including of ^,�-r Blue Cross e.,Y&Rt Buyer Olari Traditional $250 and 500 Deductible Plans and HSA (also known as the Anthem Blue Crass Prudent Buyer Plan)L Sutter Health, fig# RRAMF or any other comparable health plan offered by the City. (ii) The City will contribute up to the following amount per month toward the cost of employee medical insurance premiums at the employee's enrollment level: Enrollment Level 2034-03 re 7/1/16-6/30/18 lice6/30/1 28162018- 2462019 24"2019- 28372020 2020- 2021_ Employee Only (Single) $469.00500 $485..00500 $500.90515 530 Employee + 1 (Two Party) $9ag;001,000 1„000 000.0 1,0301 1,060 Employee +2 (Family) $1,32:7.0 1 400 1 $1,373.0 1,400 $1;4 Q& 981,450 1 500 MP #4823-9628-9347 v12- 18 (iii) The City shall provide a copy of the summary description of all health care programs offered by the City to each employee upon request. (iv) Regular part-time employees may elect to participate in health insurance plans and the City will contribute a pro -rata amount (based on the allocation of the position) towards the premium. The part- time employee will be responsible for the balance of the premium through payroll deductions. If the part-time employee does not select coverage, no cash payment will be made in lieu of the insurance. (b) Alternate Benefit Employees who opt out of medical coverage are eligibie to receive ars alternate benefit in the amount of $350 per month (provided as specified below) if they satisfy the followine conditions: 1. The employee must provide proof of and attest to having minimum essential coverage as defined by the Internal Revenue Service (IRS) through another group health plan for other plan deemed acceptable by the IRS) for the employee and for all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable plan year to which the opt out payment applies; 2. The employee must provide the City with proof of and attestation to coverage every Plan year. Such proof and attestation must be provided at the time the employee first wishes to opt out of City -provided medical insurance, and during Open Enrollment each year thereafter, so long as the employee wishes to continue to opt out of City provided medical coverage. E* . . This a l t e r n a t e benefit shall be provided as a contribution to the employee's deferred compensation account or for the purchase of supplemental life insurance and/or any other elle benefit program approved and authorized by the Cityuutlil�ed ;n (-:*y t�.-.r�pGil Resel tion No 2907 179, adepted Qetaher 23, 2997. Public Safety Officer cvcrr icer f-9C7Q1Q C9'P Trainees shall be excluded from receiving an Alternate Benefit. City and Done^^ agree to rt „,4 f4eF regarding a Fevised Alternate Benefit pFagram—.The alternate benefit program meets all requirements for exclusion from "regular rate" calculations. MP#4823-9628-9347 v12- 19 (c) Joint Commitment to Affordable Health Care The parties are committed to providing quality and affordable health care for all members. Ninety (90) days prior to open enrollment, parties will work together through their Joint Labor Management Committee to review preliminary health care rates and discuss any potential changes to plan design to reduce costs. Any changes to plan designs, including providers, will be made by mutual agreement during the term of the MOA. However, changes necessitated by REMIF's transition from fully insured plans to self-insured plans are outside the scope of this agreement. ((j) Re -Opener If Needed To Address Requirements Of, Or Changes To Affordable Care Act. If, during the term of this Agreement, the legal requirements of the Affordable Care Act, or its successor, have an impact on City rights and obligations regarding health benef=its for City employees that cause the provisions of Article 7.10 to be out of compliance with law, the parties agree to re -open Article 7.10 in order to meet and confer over such impacts. 7.11 Dental Coverage The City shall offer employees and their eligible dependents a dental insurance program under the terms as set forth below: (a) The City shall pay the applicable monthly premiums and any increases during the term of this Agreement. Premiums will be set by the insurer, or if self-insured by the City, using fiscally prudent methods. The City shall provide a copy of the summary description of the dental program offered by the City to each employee upon request. (b) In general, the program includes basic dental insurance coverage of payment to Delta Dental PPO network dentists of the indicated percentage up to the maximum of $2,000 for each eligible person (e.g., employee, spouse/domestic partner, dependents) per year for the following benefits: (i) One hundred percent (100%) of the cost of diagnostic and preventative care. (ii) Eighty-five percent (85%) of the cost of basic dental services. (iii) Eight -five percent (85) of the cost of the crowns and restorations. (iv) Fifty percent (50%) of the cost of prosthodontics. (v) Two thousand dollar ($2,000) maximum benefit for dental services per person per year. MP#4823-9628-9347 v12- 20 (vi) Fifty percent (50%) of the cost of orthodontics with a one thousand five hundred dollar ($1,500) lifetime maximum benefit per person. (vii Services rendered by dentists outside of the Delta Dental PPO network (including Delta Dental Non -PPO Dentists) are covered at a reduced rate; are subject to the limitation of section (v) above and a one thousand five hundred dollar ($1,500) lifetime maximum orthodontic benefit per person. 7.12 Vision Coverage The City shall offer employees and their eligible dependents, a vision insurance program under the terms as set forth below: (a) The City shall pay the applicable monthly premiums and any increases during the term of this Agreement. Premiums will be set by the insurer, or if self-insured by the City, using fiscally prudent methods. The City shall provide a copy of the summary description of the vision insurance program offered by the City to each employee upon request. (b) In general, the program includes an eye examination once each twelve (12) months, lenses once each twelve (12) months, and frames once each twenty- four (24) months. An employee may purchase contact lenses in lieu of the framed lenses referenced above. 7.13 Adoption Benefit The City will provide a six hundred dollar ($600) per child cash benefit to employees adopting minor children to help offset the cost of adoptions. T"" ' r;g" "Profit d;oc Fiet inelude the Lcost _of—adeptingstepGhildFen, i.e. h4_dre_A of p Rt . . 7.14 Bereavement Leave (a) A regular employee shall be paid up to thirty (30) hours for non -sworn personnel and thirty-six (36) hours for sworn personnel 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 twenty (20) hours of the employee's accrued sick leave (or annual leave if the employee maintains no 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, domestic partner, father, father- in- law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, child MP #4823-9628-9347 v12- 21 (including stepchildren), stepparents, aunts, uncles, grandparents, grandparents -in- law, grandchildren and relationships in loco -parentis and close personal relationships with the approval of the City Manager and or his/her designee. 7.15 Funeral Expense 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. 7.16 Long -Term Disability Insurance (a) Employees represented by this Agreement will obtain his/her long-term disability insurance coverage from a private PORAC sponsored long-term disability program. (b) The City agrees to collect monthly insurance premiums from employees for private PORAC sponsored long-term disability plan and remit the collected premium to Myers —Stevens & Company. The City will accomplish collection of insurance premiums by monthly deductions from the employee's paycheck. All employees represented by this Agreement must have a signed insurance premium deduction authorization form on file with the City's payroll office. RPPSOA will hold the City harmless from any liability or errors resulting from the collection and remittance of insurance premiums. (c) Employees represented by this Agreement shall join and maintain his/her long-term disability insurance with the private PORAC sponsored long-term disability program, subject to the provisions of the insurance plan. (d) RPPSOA agrees to indemnify the City, its officers, employees and agents and hold it harmless against any and all suits, claims demands and liability that shall arise directly or indirectly out of any action that shall be taken by the City, its officers, employees and agents from the discontinuance of the long- term disability plan provided by Standard Insurance, for permitting employees represented by this Agreement to establish a private long-term disability insurance plan and pay for it individually through payroll deduction and for complying with the foregoing sections. 7.17 Life Insurance (a) The City will provide, at no premium cost to employees, $50,000 life insurance coverage provided to employees and $1,000 for spouse, domestic partner and dependents, and which coverage includes accidental death and dismemberment benefits. MP #4823-9628-9347 v12- 22 (b) The City will 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. 7.18 Deferred Income (a) The City will continue to make available to the employees a deferred income program, such as that now being administered by Nationwide Retirement Solutions and ICMA or a similar program with another institution acceptable to City. 7.19 Retired, Deceased and/or Permanently and Totally Disabled Employees This section 7.19 fincludine subsections) applies onlvto emplovees hired prior to Julv 1 2007, and providing continuous City service since that time. Fhe language in this 5ecti.wi h.a� be vii l from that contained in the previous MCAs between—the City and the Asspeiation for the purposes of administrative clarification, and does not present a Changin bengfitsproviidied to current employees or retirees_ 1. Definition of Terms (a) "Eligible Employee" means any regular full-time or regular part-time benefited employee hired by the City before July 1, 2007, and who actively participates in and contributes to the CalPERS Retirement System, and who will be entitled, when eligible, to receive a retirement allowance from CalPERS. (b) "Retired Employee" or "Retiree" is a regular full-time or regular part-time benefited City employee hired before July 1, 2007 who retires from the City and thereafter receives a retirement allowance from CalPERS. Retirement includes service retirement or disability retirement from the City of Rohnert Park. (�) "Continuous City service" is defined as being continuous regular full-time or regular part-time benefited City employment for calculating length of continuous service and service credit. Part-time (non -benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any MP #4823-9628-9347 v12- 23 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 leaves do not constitute separation from City service (and therefore will not void any previous accrual towards length of continuous service) for the purpose of this section. shall REE exceed the ai:R94447,.tdeseribed iR the att-..-hed A ppeRdix A " ter*--Pn GpRtrihi-tiAR Rate SeheE♦u;e," or AppeRr4YE--lei^I "Insur ace L3 .R MP #4823-9628-9347 v12- 24 MHz T mr.ww.4mrd T". is1*I:IT✓E9.1.'4't+7:R�R7'�i'Rll7: �iE� C /zw ►vi $3,932.00 ei n0- Hr arnar (pay �S la in 7t nn„aI payments of $11-51.2-131, '}13 E+Po yeee who main r_hdr Iher.xi4inr.�benefit will —, $151.29 P P@y P@Fied 9 a , taa.. baSiS begiRRiRg With the firm fl ill day peF+ed that begins eo of a4eF August -1-, :2014 Mese WigWe �mpleyee—whe maintaiRs h4Pier--�isting—beigefi*r—may Rot 1'Efca cci ”"iT,u"liT`>T` t� lT it .,I.,rt-;R- Fr,i-61-di— haFdShip. 4a additieA, i;o employee wj4 be entitled W Feeeive a Fef, , nd of thew 17 oRF es f®r aRy FeaSO i. ARy--E-1443-le Employee ,•,hr... of this enC'fit- The Per-Mal eral St G aIGUlati„ ;Inl hCTGZTsCd^FTt �04e C -4y s r.,,.t r-nc❑ AC n.-t-arinl Nim pFepared by the fit rSvG #the same di5r=ount Fate as adopted by the Gity OR its july, 1, 70-12 !`ACQ AC e G El:Il9C[i�'S:*R�rl:SG7'�i MP #4823-9628-9347 v12- 25 empleyment withe, t Having paid A mandateFy rest sr4'ia'h i "f , 2014j }R !;LQ4mQ i 749 am4 R +)(A "I , e or m ('rsibutaen Rate Srhed-wile." ,emium or 1L edicaf eligihln PFeFAWFA -.r rnorifo@Gl FGF; (I) Total d isabi4i"Fii-�R-AFwed as having a disability Fating in emeess ar W—t—PeFce-1 t (50%)--aS----F!:R;Red 13y--p+FFbk playee Retirement ^01 -04' .......... MP #4823-9628-9347 v12- 26 'f]CYmiTciiTiy oi1 ad1-y--{l.---.2i- fioCF}'—their a^ccwpation. lo- S'k#- ireurnst-yncesi benefits shall be rlicennti MP #4823-9628-9347 v12- 27 Altar-nata Retirement HealthAAad8cal Benefits Ap%ien For Employees Hired Prior to July 12007 (a) The A ItefRaUve-Retirement Medical Benefits Eligible Employees had the option y--v-GIuntardy elect, at the mbeF'Jsole wee; to opt out of the retirement medical benefit provided _reviously, and all employees hired before July J., 2007 who are currently in the unit elected to opt out, and are therefore covered by the provisions below i^ Seetien 7.19 :2 aheve. Eligible Em es eleEt+eg J s e A e A e# #: a defamed retirement = n Section ;1.19 2 and Appendix A J AppPAdi* A I of this AgFeement must F;etify the H D'Feetar, in wF44;g, of theiF nFrevecable deGision to opt out of the benefit OR 9F hefeFe August 1 2914, Eligible Employees hired before July 1, 2007 eking to ept eet of tiie def*Red FetiFeffleRt mpdiec"ii bee-e##-�iRSeEciOR 7cm+ 7.19 2 and Appendix A I A.,.,eRdi)i Do reeteT. Eligible Employees whvc elect,--!lit-tt this opt -out option shall not be subject to any retiree medical cost-sharing requirements (i.e., normal cost) during the term of their employment. :7.19 2 an I Appendix A`./ ApPn " —f this n.,,Fee FRe ith--su-eh—m)-tiC-P--4L4e on ewe A16 -g -st " 2014), *The City 1;h;;" established a Retiree Health Savings Account (RHSA) (or substantially similar individual investment account in the eligible employee's name) for the Eligible Employee. The City 64A contributed $2,500.00 per year of Continuous City Service for sworn members into the RHSA and $2,000 per year of Continuous City Service for miscellaneous members into the RHSA. For purposes of the service credit calculation, eligible employees shall received service credit on a pro rata basis by month and days of service as of January 1, 2015. Upon retirement from the City, the City will provide the Retired Employee w+t4 with $500 per month for the cost of retirement healthcare premiums and qualified health care expenses until the Retired Employee reaches the age of Medicare eligibility. These fun=ds shall be provided to each member on a pre-tax basis (to the extent permitted by law), through a Retiree Health Care Reimbursement Account P-PAsirbefore DecembeF , 2014. HeweveF, the PaFtieS agFee that 4isuFanGe of h'is/heF chaiczp and, if passible, en a PFe tax basis In the event of the Retired Employee's death, the benefits provided by the City to the Retired Employee under this section will not continue for the survivors or dependent children of the Retired Employee. (iii) Retired Employees may participate at their own expense in the City's group health insurance subject to applicable group health insurance plan requirements. W. EligibleEmployees Who Retire uric. tO.Ja.AWaF . 1 3.07_6. In the event _an_CCI gihle EpApleyen ler=ts to t �i�oarc ri�a7afvTcc erecta co retire�risr 1:f3 iti3nk��r-7 �, ��i��l j@Ec to the to r of this provided in C n 74-9 7 ate er the RHSA (o stantially sirnilaF a£ eStal3if kla Ip -1,--4 „ r r_ the rate f roti .man+ A i t the '' fiatice to the crn�-vc " cci+�-rrrc-rrt: r-s`�-a''cr"c�z'rrr�3iv""yc�"'c"sr-f�i=a=i�-nTrF-Ei3yFr-ncnc'rc�cv--c�z^c Lb) Dental and Vision Benefits For Eligible Employees (i) Upon retirement, City will provide/offer and pay on behalf of Retired Employees, the premium benefit(s) as provided for active employees at the time of retirement for MP #4823-9628-9347 v12- 29 dental care and vision care benefits for Retired Employees and one eligible dependent until the Retired Employee reaches the age of Medicare eligibility or elects to leave the City dental and vision system. Calculation of premium benefit will be prorated for regular, part-time employees. (ii) In the event of the retired employee's death, the benefits provided by the City to the Retired Employee under this section will not continue for the survivors or dependent children of the Retired Employee. (iii) Any Retired Employee who, after retirement from the City, becomes employed elsewhere and is covered by 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. Retired employees are required to notify the City's Human Resources Department of any additional insurance coverage from new employers. 43. Retirement Health A4edisal Benefits for Employees Hired On or After July 1, 2007 Beginning July 1, 2014, Employees Hired on or after July 1, 2007, shall be eligible for the following benefits: (a) Effective July 1, 2014, the City will contribute $100.00 per month for active employees in paid status to a Retiree Health Savings Account (RHSA). The monthly contribution will end upon the employee's date of retirement or separation from the City. (b) The City's contribution to an employee's RHSA shall be considered vested as to an employee terminating City employment with five (5) or more consecutive years of City service. (c) Calculation of contribution will be prorated for regular part time employees. (d) Subject to the eligibility criteria of REMIF and/or insurance plans, employees hired after July 1, 2007 may participate as retirees at their own expense in the City's group health insurance. 7.20 Clothing Allowance That the City will provide, to newly employed sworn personnel, an initial set of uniforms (i . e . , two ( ) sets of Class B/BDU Uniforms Pants, two (2) Class _BJBDU Long Sleeve Shirts, two (2) Class B/BDU Snort Sleeve Shirts: One (1Wool/Class A Uniform Pants, One (1) Wool/Class A Long Sleeve Shirt, one (1) Ike Jacket; one (1) nylon duty Melt MP #4823-9628-9347 v12- 30 and inner belt; two (2) training shirts; two (2) fire T --shirts; Tie and Tie Bar and two (2) uniform hats) to those employees required to wear them. The value of the uniforms provided to newly employed sworn personnel does not exceed ;'x900. The City will provide the uniform maintenance allowance specified in (b) below, and will not otherwise provide or pay to replacement uniforms after the initial set (e.g., the City will not replace or pay for damaged, worn out, or lost uniforms (ba) The City will provide a Uniform Maintenance Allowance of feFty ^"ars ($2401$1,080 per calendar year for sworn personnel, and $540 per calendar year for Community Services Officers. The Uniform Maintenance Allowance shall be to he paid monthly, and the City will comply with CalPERS' requirements for reporting these allowances. Under current Cal PERS regulations, uniform allowances are to be reported to CalPERS only for Classic members. The uniform maintenance allowances shall be prorated for the 2017 calendar year to reflect the effective date of the increase to the allowance provided by this section. (!�) The Department will provide the necessary Academy uniforms for Public Safety Officer Trainees. (d) The City will provide required safety equipment, including but not limited to firearms, duty belts, ballistic vests, fire turnout gear, fire station boots, and wild land gear. 7.21 Education and Training (a) The City will provide an education and training assistance program to provide reimbursement to employees for tuition and book costs only for attending and completing, with a satisfactory grade (C or better), courses in the adult high school program, at Santa Rosa Junior College, at Sonoma State University or any other educational institution acceptable to the City. All courses or classes for which reimbursement will be requested must be previously approved by the Department Head and the City Manager prior to the start of said classes and approval requested on the appropriate City form. The maximum allowed amount reimbursable for tuition is one thousand dollars ($1,000) per instructional period plus books and materials, with a total reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year. 7.22 Longevity and Incentive Pay (P.O.S.T., Detectives, Motor Officers) (a) City will continue to provide longevity pay to employees, based on continuous years of service (as defined in Section 7.19 (1)(d) as follows: MP #4823-9628-9347 v12- 31 Completed Years of Service IPay Percentage Increases 5 years 2% For each completed_year thereafter 1/2% (i) 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 and July 1 and not on an employee's employment anniversary date. (ii) For employees hired after 10/10/95, the longevity program as outlined above does not apply. ( 1 t I hired f+ I' for I .-. ngey t 1-cr�rv�'--c"'-F"rr"'�rv`y"cca—r—i�rcci sar-= �SJ� which are F1E��E1r#�F � ' y'pay--a5' +n a bene, taae feilew�ing ma l pay benefit shall "- r^,��-�^v�^,'•a'z+e of SGAARte �W degFees and Rar-ieler a#Sr=ieF;ee (M) e; Bachelor Af nFts (Qn) deffees Frew app. , ,tee college OF oniveF54y. A eapy 0 the degree (;) The City will provide a P.O.S.T. Certification Incentive Pay to Sergeants, Cir ^ Mal, Corporal/Fire Lieutenant, and Public Safety Officers based upon receipt of Intermediate Advanced, or Supervisory P.O.S.T. Certification. The amount of the Intermediate P.O.S.T. Certification Incentive Pay will be four and one half (4.5%) MP 44823-9628-9347 v12- 32 percent of base salary per month effeet+ve JanwaFy 1, 200-7�. The amount of the Advanced P.O.S.T. Certification Incentive Pay will be seven (7) percent of base salary per month effer-Ative JanwaFy-1, 2 . The payments provided above are not cumulative. The amount of the P.O.S.T. Supervisory Certificate (Sereeant Only) will be nine (9) percent of base salary per month. Only one of the t -we P.O.S.T. Certification Incentive Pays is paid per employee._ (cj �+ petectiyepivision Premium. The City will provide Incentive Pay to Sergeants and PSOs assigned to the Detective Division (including, but not limited to the Gang Task Force, Special Enforcement Unit, Computer Crimes Task Force, COPS unit, and Narcotics Task Force) of five (5) percent of base salary per month. (d) 441Motorcycle Patrol Premium. The City will provide Incentive Pay to Public Safety Officers assigned to motorcycle duty of five 5 t#fee434 percent of base salary per month e##estiveJu;T1, 290. rim W ■L'J.T.l•T.1 eveFtime fee thy, P „f G-RROALR r,e- (#e) Community Service Officers who have successfully completed either/or both the P.O.S.T. Field Evidence Technician and Field Evidence Technician -Advanced courses shallry be eligible for two and one-half (2.5) percent of base salary differential pay. A ' � unity Se a nffiG . (C-SQ)Red to the '14 MP #4823-9628-9347 v12- 33 i (cj �+ petectiyepivision Premium. The City will provide Incentive Pay to Sergeants and PSOs assigned to the Detective Division (including, but not limited to the Gang Task Force, Special Enforcement Unit, Computer Crimes Task Force, COPS unit, and Narcotics Task Force) of five (5) percent of base salary per month. (d) 441Motorcycle Patrol Premium. The City will provide Incentive Pay to Public Safety Officers assigned to motorcycle duty of five 5 t#fee434 percent of base salary per month e##estiveJu;T1, 290. rim W ■L'J.T.l•T.1 eveFtime fee thy, P „f G-RROALR r,e- (#e) Community Service Officers who have successfully completed either/or both the P.O.S.T. Field Evidence Technician and Field Evidence Technician -Advanced courses shallry be eligible for two and one-half (2.5) percent of base salary differential pay. A ' � unity Se a nffiG . (C-SQ)Red to the '14 MP #4823-9628-9347 v12- 33 e+—T ive ars acd+t+Gp of f+a per -e -e (5° e#a sea I a+ y` fay+ May. 7.23 Retirement Program -Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) three percent (3%) at fifty (50) retirement program to local safety members and the CaIPERS two and seven tenths percent (2.7%) at fifty five (55) retirement program to Public Safety Officer Trainees, Community Services Officers, and Dispatchers. Effective July 1, 2011, as agreed to by all miscellaneous employees of the City, the City will provide the California Public Employees' Retirement System (CaIPERS) two percent (2.0%) at fifty-five (55) program to Public Safety Officer Trainees, Community Services Officers, and Dispatchers hired on or after July 1, 2011. The City will continue to provide the "one-year highest compensation" optional provision in its contract with CaIPERS per CaIPERS Section 20024.2 for employees in the programs listed above. Effective July 1, 2011, or as soon thereafter as agreed to by all safety employees of the City, the City will provide the California Public Employees' Retirement System (CaIPERS) three percent (3.0%) at fifty• five (55), highest three year average program to local safety members hired on or after the date the contract with CaIPERS is amended. Effective August 1, 2011, all employees, regardless of program, will pay the required member contribution; however, in no event shall local safety members contribute more than 9% to CaIPERS for their retirement benefits. Similarly, in no event shall miscellaneous employees contribute more than 8% to CaIPERS for their respective retirement benefits. (b) The required employee cost sharing of employer casts described in this Section 7.23 b(including all subsections shall be implemented pursuant to Government Cade Section 20516 (f). The parties mutually recognize and acknowledge that these cost- sharing provisions satisfy the maximum cost-sharing terms set forth in Government Code section 20516.5, and that the cost sharing provisions will continue beyond the expiration of this Agreement. (i) Required Safety Employee Cost Sharing of Employer Costs Through June 30, 2018 Concurrently with the salary increases provided pursuant to section 10.1 effective April 2, 2017), and through June 30, 2018, local safety members participating in the 3% at 50 or 3% at 55 retirement ;plan formulas shall pay, through payroll deduction, the required 9%, member contribution, and additional one percent (1%) of PERSable MP #4823-9628-9347 v12- 34 compensation for a total contribution of ten percent (10%) toward the cost of pension benefits. (H) Re uired Safety Employee Cost Sharing of Employer Costs July 1, 2018 Through June 30, 2019 Effective July 1, 2018, and through June 30, 2019, local safety members participating in the 3% at 50 or 3% at 55 retirement plan formulas shall pay, through payroll deduction the amounts described in subsection 7.23 b i above and an additional one percent(1%).of PERSable compensation for a total contribution of eleven percent (11%) toward the cost of pension 'benefits. (iii) Required Safety Employee Cost Sharing of Employer Costs Beginning July 1, 2019, and Continuing Thereafter Effective July 1, 2019, and continuing thereafter, local safety members participating in the 3'%at 50 or 3% at S5 retirement plan formulas shall pay, through droll deduction, the amounts described in subsection 7.23 b ii above and an additional one percent (1%) of PERSable compensation for a total contribution of twelve percent (12%) toward the cost of pension benefits. This required cost sharing requiring safety employees to pay 12% of PERSable compensation toward the coast of pension benefits shall continue and constitute the status quo ante for all purposes and state statutes after the expiration of this Agreement on June 30, 2021. (iv) Required Miscellaneous Employee Cost Sharing of Employer Costs July 1, 2018 Through June 30, 2019 Effective July 1, 2018 and through June 30, 2019, miscellaneous employees participating in the 2.7% at 55 or 2.0% at 55 retirement plan forMUlas shall pay, through payroll deduction the required 8°6 --member contribution amounts 8% for 2.7% at 55 plan and 7% for the 2.0% at 55 plan), and an additional one-half percent (0.5%) of PERSable compensation for a total contribution toward the cost of pension benefits of eight and one-half percent 8.5%u for the 2.7% at 55 pan, and seven and one-half percent 7.5% for the 2.0% at 55 plan toward the east ef peFqsmGpbp—.A.P—f.o.t-,-;. MP #4823-9628-9347 v12- 35 M Required Miscellaneous Employee Cost Sharingof f Employer Costs July 1, 2019 Through June 30, 2020 Effective July 1, 2019 and through June 30, 2020, miscellaneous employees participating in the 2.7% at 55 or 2.0%fl at 55 retirement plan formulas shall pay, through payroll deduction, the amounts described in subsection 7.23(b)(iv) above, and an additional one-half percent (0.5%) of PERSable compensation for a total contribution toward the cost of pension benefits of nine percent (9%n) for the 2.7% at 55 plan, and eight percent 8%a for the 2.0% at 55 plan towaFd the cost of peRsk)-R be+s. (vi) Required Miscellaneous Employee Cost Sharing of Employer Costs Beginning Julyr 1 2020 and Continuing Thereafter Effective July 1, 2020, and continuing thereafter, miscellaneous employees participating in the 2.7% at 55 or 2.0% at 55 retirement plan formulas shall pay, through payroll deduction, the amounts described in subsection 7,23(b)(v) above, and an additional one-half percent (0.5%n) of PERSable compensation for a total contribution toward the cost of pension benefits of nine and one-half percent (9.5%) for the 2.7% at 55 plan, and eight and one-half percent (8.5%) for the 2.0% at 55 plan toward the This required cost sharing requiring miscellaneous employees to pay a total of 9.5% and 8.5% respectively of PERSable compensation toward the cost of pension benefits shall continue and constitute the status quo ante For all purposes and state statutes after the expiration of this MOU on June 30, 2021. New Employees Hired On or After January 1, 2013 Effective January 1, 2013, the City will provide the following retirement benefits to employees who meet the definition of a new member under Gov't. Code 7522.04(f) and who are hired on or after January 1, 2013: CalPERS two point seven percent (2.7%) at fifty-seven (57), highest three year average program to new local safety members; and two percent (2.0%) at sixty-two (62), highest three year average program to new miscellaneous members. Effective, July 1, 2013, new local safety members and new miscellaneous members hired on or after January 1, 2013, shall contribute at least fifty percent (50%) of the normal cost rate to CalPERS. MP #4823-9628-9347 v12- 36 Pensionable compensation does not include monies paid to new members for bonuses, uniform allowance, overtime allowance or reimbursement for housing and vehicles, or any ad hoc or one-time payments pursuant to Government Code Section 7522.34(c). (b) Except as otherwise specified in the cost sharing provisions of sections of this MOA or negotiated in the Future, Tthe City will absorb any employer contribution rate increases f^~ Safet • m mbe% required by CalPERS. (c) The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies both presently and 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. (d) The City will modify the CalPERS Annual Cost -of -Living Allowance Increase (Section 21335) to provide for a 2.0% annual maximum cost -of• living increase for employees hired after December 31, 2007. Employees hired prior to December 31, 2007 shall be eligible upon retirement for the 5.0% annual maximum cost -of -living allowance increase as defined in Section 21335. 7.24 Dependent Care Assistance Program City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the Internal Revenue Service for the set-aside of employee pre-tax dollars for childcare as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 7.25 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. 7.26 Off -Duty Employment Members of the Unit will continue to be eligible for employment by third parties during off-duty hours. The Association and the City will negotiate a side -letter MP #4823-9628-9347 v12- 37 agreement on off-duty employment which will consist of various provisions, including, but not limited to, the Director of Public Safety retaining discretion and authority to approve of third -party employment and a mandatory release/hold harmless/indemnification agreement to be executed by the outside employer in favor of the City. The parties will negotiate the additional terms of the side -letter agreement no later than Decembermareh 1, 2017-2. 7.27 Reinstatement/Specialty Position If an employee is removed from a specialty assignment or position due to the elimination of the position by the City and/or the Department, the employee shall be given the option to return to the position should the position be reinstated within 18 months and if the employee has maintained any certifications required for the position. If the employee declines to resume his/her duties in the specialty assignment or position, the Department will follow existing protocols for filling the position. 8. Agency Shop and Payroll Deductions 8.1 Agency Shop (a) The RPPSOA may, at its sole discretion, choose to adopt an Agency Shop pursuant to Government Code Section 3502.5. If adopted, the City will recognize the Agency shop as applying to all regular full-time and regular part-time employees represented by the Bargaining Unit. (b) If the RPPSOA adopts agency shop in Section 7.1 (a) above, then the following apply: (i) It is recognized that RPPSOA owes the same responsibilities to all employees in the representation unit, and has a duty to provide fair and equal representation to all employees in all classes in the unit whether or not they are members of RPPSOA. (ii) All employees in the representation unit, excluding supervisory or confidential employees who have chosen not to join the RPPSOA pursuant to Government Code Section 3502.5 (c), shall, as a condition of continued employment, beginning with the second full pay period after such effective date and until the termination of the Agreement, either: (1) Become a member of RPPSOA; or MP #4823-9628-9347 v12- 38 (2) Execute a written declaration that the employee is a member of a bona fide religion, body, or sect which holds a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and (3) Pay a sum equal to the agency fee described in subsection 7.3 to a non -religious, non -labor charitable fund chosen by the employee from participating agencies of the United Way of Sonoma- Mendocino -Lake. The employee shall furnish written proof to the City and RPPSOA that this contribution has been made. (iii) The condition of employment specified above shall not apply during periods of separation from the representation unit by any such employee but shall reapply to such employee commencing with the third full pay period following the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leaves of absence with a duration of more than two full pay periods. The condition of employment specified above shall not apply to newly hired employees until the beginning of the third full pay period of employment. (iv) All represented employee members who had Association dues deduction authorizations on file with the Auditor -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 RPPSOA during a one-month period between ninety (90) and sixty (60) days prior to the expiration of the term. 8.2 Deductions The RPPSOA shall be provided with monthly payroll deduction of Association dues, service fees, and premium amounts for insurance programs sponsored by the employee's organization at no cost to the employee organization. 8.3 Listing of Deductions The RPPSOA shall provide the City Manager with a listing of deductions to be made from represented employees. Said listing will remain in force until amended by MP #4823-9628-9347 v12- 39 RPPSOA in writing. RPPSOA will hold the City harmless for any liability or errors resulting from errors on the listing provided by RPPSOA. 8.4 Hold Harmless RPPSOA 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. 8.5 Bargaining Unit Work (a) The RPPSOA and City agree that the use of an auxiliary firefighter volunteer corps, reserve peace officers, per diem and other temporary employees or volunteers is intended to supplement and not supplant members of the bargaining unit. (b) Available Sergeant overtime shifts shall be offered to members of the bargaining unit to fill on a voluntary basis. Overtime shifts not filled by members of the bargaining unit on a voluntary basis will be filled by members on a mandatory basis as assigned by the Director of Public Safety or his/her designee. (c) Nothing in this section prevents the Director of Public Safety from making any assignments that he/she deems necessary for effective response to a natural disaster or catastrophic emergency. (d) The City retains the right to retain consultants for limited duration to conduct training and/or render services that cannot be performed by members of the bargaining unit. 9. Safety Equipment 9.1 Replacement Equipment City will continue to furnish Public Safety Officers with replacement equipment as needed for the equipment that the City is required to furnish per the Government Code. Said equipment includes, but is not limited to, department - issued weapons, holster, belt and ammunition, nightstick, 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. MP #4823-9628-9347 v12- 40 9.2 Personal Equipment 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. This section 9.2 shall not apply to uniforms (see Section 7.20). Items shall not be replaced if worn because of normal wear and tear. 9.3 UV Eye Protection (Sunglasses) City will reimburse for sunglasses providing UV protection, not to exceed sixty- five ($65) per employee per year, for use by Public Safety Sergeants, PSOs and CSOs authorized to operate Public Safety vehicles and motorcycles. 10. Salaries & Miscellaneous Pay ,[The ]oh descriptions will describe the detailed requirements for _the _newly established classifications. j 10.1 Revised Classification Plan and Salary Structure (a) Salapy AdjustmentsGeneral Provisions Effective April 2, 2017 [or the first date of the first pay period g ter Council adoption of this Agreement, if later], the City will implement a new classification and salary schedule for employees in the bargaining unit, including the classifications and salary schedules set forth below and described in the related job descriptions. The City and Association have met and reached agreement regarding the appropriate classification and stel2 placement for al1 employees current! in the bargaining unit, and this determination is final and shall not be sub[ect to challenge under the grievance procedure. The 12arties recognize that the City roust comply with the law and CaIPERS rules and regulations regarding compensation reporting and related pension requirements. If necessary during the term of this Agreement, the Association agrees to meet and confer at the request of the City for the narrow and specific purpose of complying with CaIPERS rules regulations and directives pertaining to reporting compensation. bl PSO I-IV Classifications PSO I: The PSO I is the entry level classification with the requirements as set forth in the Public Safety Officer I job descri timon_ MP #4823-9628-9347 v12- 41 (ii) PSO IN The PSO FI classification requires successful completion of probation at the PSO I level and completion of the Fire Academy. (iii) PSO III: The PSO III classification re wires all of the re uirements of PS© II and the achievement of the Department's qualifications to be a Fire Engineer, including the following: (1) 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 firefightinE; pumping apparatus. 2 Each aualified Fire Engineer must receive at least ten 10 hours of refresher training provided by the Department of Public Safety each year. Any Public Safety Officer not completing the annual training will be subject to demotion for failing to maintain hisLher aualification. (3) The required hands-on field-testing for Fire Engineer shall be done at random by lottery, and at any time. (iv) PSO IV: The PSO IV classification requires all of the requirements of the PSO III classification and completion of (1). (2), and (3) below: (1) Minimum of ten [10] years of full-time peace officer or firefighter experience, of which a minimum of five (5) years shall be service with the City of Rohnert Park. and (2) Possession of a R +O.S T Intermediate Certificate or higher. and L3)—A one af: (i) Associate of Arts degree gr higher from an accredited colleger or WilAai1cly seeking a Bachelor's degree from a- accredited allege, with a m n MU gf two years completed ["actively seeking" successful completion of courses towards a Bachelor's degree in two of the three most recent semesters or quarters, with a total of at least 11111111 '1 � �Ill MP #4823-9628-9347 v12- 42 nqLn ShO4 Supe.,,,s.,. Field Training, Officer: Rfe-E-ggi��Detective„ COPS; 5 ecial Enforcement Unit: Gane Officer: Police Canine Handler: ,School Resources Officer: Firearms Instructor; Defensive Tactics Instructor: Drivine r r• , r • Traffic Malt Field ID Technician; OES Coordination Team. or other assip-nmert end aualifvinp-bythe Director of Public 5af (c) Salary/Pay Schedules Effective April 2, 2017 [or the first date oL the first full pay period after Council approval of this Agreement, if laterl, the hourly pay schedule for all represented classifications will be set as follows: Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 PSOI $33.41 35.08 36.84 38.68 40.6142.44 PSOII 51415 35.71 $37.76 $39.65 $41.63 543.50 PSO III 35.45 37.22 39.0841.03 43.08 45.02 PSOIV $37.22 $39.08 $41.03 $43.08 $45.24 47.27 Sergeant 44.85 1 54�7.09 49.44 51.9254.51 56.97 Classification Step 1 St, ep 2 Step 3 Step 4 Step 5 Dispatcher $29.76 31.2532.81 CSO $24.83 $26.0727.37 28.74 Comm. Supervisor 34.01 35.71 37.50 39.3741.34 Part Time Disp 26.99 28.3429.7631.2532.81 The pay schedule set Forth in this subsection (a) shall be known as the 2017-2018 Pay Schedule. 10.2 Salary Adjustments (a) 2018-2019 Increase: Effective the #1 first day of the pay period that includes July 1, 2018 GlIeWiRg Fatifieatie.p .ryf this AgFeemeRt, a" FepFesent-e4 the 2017-2018 Pay Schedule shall be increased by percent (3%). This revised schedule shall be known as the 2018-2019 Pay Schedule. waee ins; ease to base salafy in .d�yTn, `err-f34�3fi�aaii . (b) 2019-2010 Increase: Effective the first day of the f Apay period that includes July 1,20195. the 2018-2019 Pay Schedule shall be increased bya•li FePFeSeRte MP #4823-9628-9347 v12- 43 eia�si#�m^m" ;i Feeemve a one time pa of three percent (3%) wage compensation .satin .---gin al to base i stip .,G+s➢ This is AGR_.,eR5iG„This revised schedule shall be known as the 2019-2020 Pay Schedule. (c) 202+0-2021 Increase Effective the first day of the fu4-pay period that includes July 2020445, the 2019-2010 Pay Schedule shall be increased by ag " �' ' 'f * ^ "^Fr "- 1 three percent (3%) n „ w base salaFy in pensionable eempensatie44. This revised schedule shall be known as the 2020-2021 Pav Schedule. (W Ratification Bonus MIRLOVIRM-1190MAr M. low I I Mini .. . ram. N ra r LOUNA-15MME F., e 10.3a Monthly Salary Schedule Wages are as shown in the City's Rates and Ranges document. 10.4 Incentive Pay or Acting Pay (a) 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 five percent (5%) of base salary monthly Incentive Pay. 'Ye P@-;=rte,-qLa pF9 Fated by pa,per;eF. MP#4823-9628-9347 v12- 44 r r (a) 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 five percent (5%) of base salary monthly Incentive Pay. 'Ye P@-;=rte,-qLa pF9 Fated by pa,per;eF. MP#4823-9628-9347 v12- 44 (i) A Field Training Officer shall be defined as a Public Safety Officer who has been fully qualified to train newly -hired Public Safety Officers. To be eligible to apply for FTO, the officer must currently be assigned to the Patrol Division or due to return to the Patrol Division from a specialty assignment within one (1) year or less; must be off probation; and have at least three (3) years full- time experience as a peace officer in the State of California. Field Training Officers will be selected through a three- phase testing process. The process will include a written test, an oral examination, and supervisory and command staff review. After a candidate has been selected, he or she will be required to successfully complete a P.O.S.T. certified FTO School before final appointment. (ii) Any FTO who is assigned to a specialty position of Detective ^F T -we -"^^F Pree swill automatically relinquish his or her FTO status and pay incentive, and will be required to re -apply for the position when he or she becomes eligible. PSOs assigned to the Detective Division shall not be eligible for an FTO assignment and the pay incentive. Fire (iii) Completion of a three-year term as a FTO shall be deemed as successfully completing the FTO assignment. At any time after three years as a FTO, an employee, at his or her option, may elect to discontinue the FTO assignment by notifying the City in writing. If an employee exercises this option, the employee will automatically relinquish his or her FTO status and pay incentive. The exercise of this option by an employee will not be grounds for any disciplinary action by the City. (iv) The City reserves the right to exercise its regular and customary management rights with regard to FTO assignments including, establishing FTO performance standards, conducting an annual performance review of the FTO and taking disciplinary actions subject to the requirements of applicable laws. [This is moved to Section 10.1(bJEHil and will be incorporated into the lob description as previously revised. J i) SeFgeaRte aO4 PriGs assign to a speeialta%OgRmeet +e tk►e Tirp !;PryiiRe5 Divi3OoR of at least twe-(2)- yar, mil Feceive—ars cent;ve Pay -&f aR additional tw9 peFeeRt 4V4 Of be -5e 5a4FY {aef MORth Pay n. thP- W_FM „f �I i FAutually agFee ee a MP #4823-9628-9347 v12- 45 ger�er�4 definition of "additienal .■�rn:�n�l� ■ . ,. ■, ,r a r ■ETIMMM r ■ ■ • . Iw Pm Fe Epg;F;eeF shall i3p clef iRed as a Ry E-,R;p 19yee who has been fully q ua lif; bethime++-.11.rr.d .. L.�-„kyt-G-B,,Pnr-�+o one r.r m.r. rr�. n�arnr ,nf r. • FEN �_ ME ON IMMMETEMME a . M.I. . - - om • {4} Gemmunity lServieps OffieeFS apA DospateheFs aFe-net eligible #ef rw. wl4G afe qualified a+4 assigned as PSGCaptains4A r^^e;. e an additienal three pef MARth pay �ffad- tit09-A to P;Fe rr Ear=h--ff....__II f' .l dCQ n�tai- rt r ere Ve at least ten (10) h.. of Fefrerher t. a4;44g tM7-�rii�- � icvirrr�su�c-�'cc�ry edbV”"' f 'ir-&a 4 "`""" 1`-a Any employee n t r•r+.+ n.. plet; the n�n�, tr��'!",i i _ ,ill le tk DC! -,".,`tam Pa iReFemeRt ,ntd such tmFp _atethe tFaining is rzempleted. MP #4823-9628-9347 v12- 46 .,,,.., ent (4% of babe Sa4FV peF iii {gay �R aPIAI#iAR +_ ERgi eeF pay-)-. T^�€aC lqualified &Fe Gaptaim # rAcp4sA at 4east teg {� ht;,,p; ^F refresher t-FainiRg prov�he DepaFtment of Pub"r.Wety n ^� eMpleyee rh *i PA , -=t the + aiR EGMPIP-t-Pid. (; w) Non -Sworn Training Officer Pay �4 —Dispatchers, 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 Incentive Pay of five percent (5%) of his/her regular base salary. This '..0 -IR ive Pay FRay be pFe rated by pay (ii) Community Service Officers (CSO), who are qualified and regularly assigned by the Director of Public Safety in the training of new CSO's during their probationary period, shall receive a monthly Incentive Pay of five percent (5%) of his/her regular base salary. This inc:eptive—Pay ay --ba pro Fated by-" p^crcrr*ct-Sr`Ev---cam' the first-day v�--CSQ Tfng, (gf) Acting Liewtenan Comrnander��- Pay (1— The Association and the City have met and jointly developed SOP -9, a Departmental policy outlining the criteria for members to serve in an acting capacity for the rank of Liet4tepa,0Commander aF . There is no requirement or obligation by the City to permanently fill positions that are open. MP #4823-9628-9347 v12- 47 (d) Acting Supervisor/Watch Commander Pay: Public Safety Officers who have passed an eligibility testing process approved by the Director of Public Safety shall be eligible to serve as an Acting Supervisor/Watch Commander. As a specific decision-making role and authority is delegated with this assignment, this assignment may be made for a period of any length, up to three months. Continuous assignment for periods exceeding one pay period will be made in writing. Acting Supervisor/Watch Commander assignments will be compensated by a 5% acting pay for all hours actually worked as an Acting Supervisor/Watch Commander. An Acting Supervisor/Watch Commander assignment may be compensated by a 10% acting pay to ensure against loss of income to the assigned Public Safety Officer if other assignments based compensation is removed due to the Acting Supervisor/Watch Commander assignment. (g4) Acting'' 1e��Commander Pay: Public Safety Sergeants shall be eligible to serve as an Acting Commander' nan . The duration of such assignments may range from one pay period up to three months, and will be made in writing. An Acting Comma nderLieutenaRt assignment will typically be compensated by a 10% acting pay for all hours actually worked as an Acting "ewtenantCommander. This Incentive Pay may be adjusted upon assignment if necessary, to ensure against loss of income to the assigned Sergeant if other assignment -based compensation is removed due to the ActingL is31�zCommander assignment. The exact amount of the Incentive Pay shall be calculated to most closely match the Sergeant's existing pay structure, and shall not exceed a maximum of 15%. A Sergeant receiving an Acting I_'�e,nCommander Incentive Pay may sign up for routine overtime offered to all Sergeants but shall not be paid the Acting Lieutenant Commander;,,centi:e Pay for such overtime hours worked. Acting Commanders'' ;e.ts will receive overtime as required by law for emergency holdovers, or for overtime work assigned by the Director of Public Safety or his/her designee. -1 i0yed t4e vel of 5 of I2k-h1i6 Safety ^fes 544 - eeive peFe.ent (2%) 9f bass alaFy per .R, RtA Pay. - Sal -The Git7, at 46 5424e GIOS ..-e+ien, r L. , I I ,de+e.-.++iRe the bpr A9wV'• ed EPAT-'s to be as5igRed �. r! T n�src i rree-r�n�r •• MP #4823-9628-9347 v12- 48 10.5 Payday City &14A may distribute p-Raychecks/Automatic Deposit Notices to employees by neeFl eo paydayelectronicalIV on payday. Employees requesting a physical paycheck may pick it up on break or lunchtime at the City Fall front counter on payday.T-14e C#y r , term of this AgFeernent. The impaets of the of the tweRty--&i*-464 10.6 Pay Change Effective Dates Any and all pay changes provided to employees, including but not limited to step increases, special pay provisions, promotions, classification changes, or similar pay increases shall become effective as follows: if the effective date of the change is in the first week of the pay period the increase will be effective on the first day of the pay_ period that includes the effective date of the change. If the effective date is in the second week of the pay period the change will be effective the first day of the subsequent pay period. 10.76 Shift Differential (a) Dispatchers shall receive a five percent (5%) of base salary per hour shift differential for all hours worked between four (4) p.m. to seven (7) a.m. (b) Communication Supervisors shall receive five percent (5%) of base salary per hour shift differential for all hours worked during a scheduled dispatcher shift between four (4 p.m.) and seven (7) a.m. This is not intended to provide shift differential for portions of regular work day shifts that may extend past 4 p.m. on an overtime basis. (c) Public Safety Officers, Community Services Officers and Sergeants shall receive a five percent (5%) of base salary per hour shift differential for all hours worked between seven (7) p.m. to seven (7) a.m. This Incentive Pay shall not apply to employees while performing working in the fire Division, except for training. MP #4823-9628-9347 v12- 49 10.E Bilingual Pay Dispatchers, Public Safety Officers, Community Services Officers and Sergeants verbally fluent in the Spanish language are eligible for twe and ^R^ half ^^FreRt (2.5%) SalaFyl Bilingual Pay of $175 per month. The City shall establish an evaluation process for designating and certifying employee eligibility for bilingual pay such that officers have the skills to converse in Spanish well enough to complete a basic investigation. Testing for employees eligible for bilingual pay will be scheduled by the Director of H u m a n R e s o u r c e s ublie Safety and shall follow e �1 WiRgual S i testing used by the Santa Rosa peliee ent, attached as Append ix 8. A designated employee may be retested at any time at the request of the Director Of FILIman Resources or Public Safety. �vlIow eIig4)4it � rrvrr `rr " si��'v i �. i-c-��i=?'ccrrn'i :� r MP #4823-9628-9347 v12- 50 agi:eementcQ n+ip +a a Araa+iye pay in tl;e af;qewnt of 19% r�F rr base salary fee th .. efj9b Felevant tFai. iAg eekifi,.A+„r + q, Pd„ by -toe, G F i -i e -Stat F' ❑n 4 • I-�#a� � rilf f$ r �.rtrrn is 60seC—�il r, ��'-`c+"--�"i�«-r t^--rri�--7-.'r�o-i �nrr' a-i�=rc`c' rn7 i14134e an was iRGWFRl3eRt5 Of IHI_ . h rl� # ii n11�rcI`�I l W_PA _J _nr 11. Alcohol and Drugs The City and RPPSOA agree to work together to assist any employee who has an alcohol, alcohol-related, drug, or substance abuse problem. It is mutually acknowledged that continued cooperative efforts would 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 certain drugs. The City recognizes that this situation could place the employee as well as co-workers and the public at risk of injury. 11.1 Alcoholic Beverages or Other Drugs Alcoholic beverages or other drugs which affect an employee's ability to drive or function safely shall not be used by employees during their assigned regular work day, or while on assigned standby duty. 11.2 Off-duty Hours if an employee who has been drinking alcohol or using a drug which may impair the employee's ability to drive or function safely receives a call to return to work during off-duty hours, the employee must decline the request to work. MP #4823-9628-9347 v12- 51 11.3 Prescription Drugs Employees using prescription drugs, which affect the employee's ability to work safely, must inform their supervisor and may be assigned to other appropriate duties or required to take sick leave. 11.4 Special Assignments The above sections relating to alcohol use may be accepted 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. 12. Physical and Psychological Fitness 12.1 Physical Fitness RPPSOA acknowledges the importance of employees maintaining proper physical and mental condition in order to perform job duties in a manner acceptable to the City. Physical Fitness is a voluntary program available to safety employees and dispatcher. Such employees w h o voluntarily enroll and successfully "pass" the Physical Agility and Fitness Standards test shall receive twenty (20) hours of physical fitness workout compensatory time. The RPPSOA and City agree that compliance with physical fitness standards are voluntary and do not carry an intention of the City to terminate an employee solely for failure to meet physical agility and fitness standards. Fitness for duty provisions under the Government Code and applicable case law would be the determining factor on handling of employees determined to be unfit for duty. City can, at any time, at its option and cost, require a complete physical examination, a physical agility test, or a weight examination, for any or all employees to determine job fitness. This Agreement hereby incorporates Letter of Agreement on Physical Fitness, dated January 27, 1998 and modified "Exhibit C" dated December 1, 2007. 12.2 Fitness Program The City and RPPSOA agree that the "Fitness Program" used by City shall be that as outlined in the attached "Exhibit C." MP #4823-9628-9347 v12- 52 12.3 Psychological Fitness RPPSOA acknowledges the importance of employees maintaining proper mental condition in order to perform job duties in a manner acceptable to the City. City can, at any time, at its option and cost, require a psychological examination for any or all employees to determine job fitness. Fitness for duty provisions under the Government Code and applicable case law would be the determining factor on handling of employees determined to be unfit for duty. 12.4 Psychological Counseling Any employee who feels in need of counseling shall be provided same by City after clearance from the Department Head or Human Resources Department, which clearance shall be kept in strictest confidence. City at its sole discretion reserves the right to establish a maximum counseling benefit. 13. Smoking 13.1 Employees Hired After July 1, 1993 RPPSOA acknowledges that the City, beginning July 1, 1993, hired new employees with the clearly expressed condition of employment that they refrain from smoking. 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. RPPSOA acknowledges the City's right to take appropriate disciplinary action 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 (EAP) for consultation and referral. 14. Grievance Policy and Procedure 14.1 RPPSOA and City agree to comply with the grievance procedure outlined in Resolution No. 79-22, adopted February 13, 1979, a copy of which is attached hereto. Failure to meet any timeline 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. 14.2 The parties acknowledge the existence of "City Manager's Administrative Policy No. 1: Personnel Rules and Regulations" dated November 9, 2004, and MP #4823-9628-9347 v12- 53 incorporated by reference in this Agreement. The parties acknowledge that Section 8 "Disciplinary Action" provides for substantive and procedural due process for the members of the Association. For purposes of consistency of discipline, the Director of Public Safety should consult with the Human Resources Department prior to the imposition of "major discipline" as defined in Section 8. 14.3 The "Employee Grievance Procedure Resolution" (Resolution No. 79-22), incorporated by reference in this Agreement, provides for the processing of non -disciplinary grievances. The parties are in the process otag44e—te reviewi.11 the grievance procedure for purposes of achieving greater efficiencies and cost reductions as well as enhancing communication between the City, the Association and Unit members. The parties will continue working to revise the grievance oroceclure. and chanees aereed upon will be incorporated into this MOAdwet a �44@1 to all par -ties 15. Use of Sport Center and Lap Swimming Program Employees and their spouse, domestic partner and eligible dependents (as defined by City eligible dependent policy), will be allowed to participate with no fee imposed in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center by spouse, domestic partner and dependents of employees adversely impacts the public's access to the Sports Center facilities, the parties will re -open this Section. Other activities requiring payment of a fee can be discussed with the City Manager for consideration of a waiver of part or the entire fee. 16. 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, MP #4823-9628-9347 v12- 54 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. 17. 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 rule or in any other type of job action, curtailment of work, restriction or production or restriction of service during the term of this agreement. 18. Personnel Rules and Regulations The City will amend its Personnel Rules and Regulations consistently with the re uirements of b, ", 2004 to p*ovi., E -,r ,,. wFe that paFalleis tho e °^dulled in Government Code Sections 3300 through 3312, the Public Safety Officers Procedural Bill of Rights, and will apply to non -sworn members of RPPSOA. City agrees to meet and confer with RPPSOA regarding any updates or changes to its Personnel Rules and Regulations to the extent required by the MMBA. 19. Complete Understanding The terms and conditions contained in this MOA represent the full, complete, and entire understanding of the parties of matters within the scope of representation. RPPSOA 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. During the term of this MOA, any new side letter between parties is required to be signed by an authorized representative of RPPSOA and the City Manager or his or her designee. MP #4823-9628-9347 v12- 55 20. Term of Agreement This agreement shall become effective upon approval by the City Council en jury 1, 2014 and will terminate on June 30, 2021201:7 unless extended by mutual agreement of the parties. 21. Succeeding Agreement Negotiations for the period commencing July 1, 20217, shall begin upon receipt of notice from either party to the principal of the other, specifically the President of RPPSOA and the City Manager, however, absent an agreement to the contrary, in no event shall negotiations commence later than February 1, 20217. Said submittal shall include an estimated percentage decrease or increase in the cost of proposals compared to the provisions of this Agreement. City shall, if requested, assist RPPSOA in a reasonable manner in providing information to determine the percentage decrease increase. 22. Invalidation 22.1 Suspension of Agreement 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. 22.2 Replacement In the event of suspension or invalidation of any article or section of this agreement, the parties agree, that except in an emergency situation, to meet and confer within thirty (30) days after such determination for the purpose of arriving at a mutually satisfactory replacement for such article or section. 23. 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. MP #4823-9628-9347 v12- 56 24. Personnel Files Employees or their duly authorized representative have the right to inspect their personnel file maintained 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. 25. Employee Performance Evaluations Employees have the right to respond in writing to the evaluation report should they so desire. Said responses should be submitted to the reviewer no later than thirty (30) days after the evaluation interview. 26. No Contracting Out The City and RPPSOA agree that no bargaining unit work will be contracted to a third - party provider during the term of this agreement. MP #4823-9628-9347 v12- 57 CITY OF ROHNERT PARK ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION (RPPSOA) The following are incorporated in this Agreement by reference: Review and confirm which attachments are still appropriate.1 • Apf n€ii*-A:R-e4 "", InsuraRce Table ,�+_,.�yy,, en�pd/s. eti Fee nrt alm^r�uEIF'ance--Trbie-4of ,F`�y`�cu—maw trti{-i�-f'bute5tYy'Cof Normal Cost • +4{. peRdw43=aaf a Rosa-P$llc�t: Span st -Tit` ng ate ri a - City's Personnel Rules & Regulations - City Council Resolution No. 79-22, adopted February 13,1979 -Grievance Policy and Procedure rRevisions tinder consideration by the par?ies.] • City Council Resolution No. 80-140, adopted August 11, 1980 - Regular P/T Employees' Fringe Benefits - City Council Resolution No. 2001-270, _adopted December 11,2001— Catastrophic Leave - G+iy Gounc.il-Plesolubef-i-Ne. 29137 1787a4J.te44-QPAoben7_nrf , a4v� - i9ene€il • Exhibit C — Fitness Program - Modified December 1, 2007 [Revise to reduce the pack to 25 lbs. and include dispatchers] • Exhibit X- Patrol 12 Hour Shift Schedule • RPDPS SOP -18- Timekeeping for Departmentally Required Training, 4/4/13 Extended Fire Academy Side Letter MP #4823-9628-9347 v12