2017/03/28 City Council Resolution 2017-035RESOLUTION NO. 2017-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING A MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION (RPPSOA) FOR THE
PERIOD OF APRIL 2, 2017 THROUGH JUNE 30, 2021
WHEREAS, on March 28, 2017, the City Council approved a Tentative Agreement on a
Four Year Proposal with the Rohnert Park Public Safety Officers' Association which had been
ratified by the membership of RPPSOA; and
WHEREAS, in accordance with the terms and conditions of the Tentative Agreement,
staff prepared a final Memorandum of Agreement with the RPPSOA that requires no further
approval by RPPSOA membership.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve and adopt the Memorandum of Agreement for RPPSOA for the
Period of April 2, 2017 through June 30, 2021, 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 281h day of March, 2017.
CITY OF ROHNERT PARK
J ke Mack nzie, Mayor
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ATTEST:
Caitlin Saldanha, Deputy City Clerk
Exhibit A: MEMORANDUM OF AGREEMENT WITH THE ROHNERT PARK PUBLIC
SAFETY OFFICERS' ASSOCIATION (RPPSOA)
AHANOTU: BELFORTE: A'14 e CALLINAN: STAFFORD: — 4— MACKENZIE:
AYES: ( S ) NOES: ( 0 ) ABSENT: ( 0 ABSTAIN: ((:) )
MEMORA NDUM OF AGREEMENT
Between
THE CITY OF ROHNERT PARK
and the
ROHNERT PARK PUBLIC SAFETY OFFICER’S ASSOCIATION
(RPPSOA)
EFFECTIVE April 2, 2017 THROUGH JUNE 30, 2021
EXHIBIT A
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TABLE OF CONTENTS
Page
1. Hours of Work ......................................................................................................................................... 1
1.1 Regular Work Period for Employees ............................................................................................... 1
1.2 Work Schedules ............................................................................................................................... 2
1.3 Dispatchers Shift Rotation ............................................................................................................... 2
1.4 Public Safety Officer Trainees ......................................................................................................... 2
1.5 Police and Fire Training Drills .......................................................................................................... 2
1.6 Breaks and Meal Breaks .................................................................................................................. 3
1.7 Shift Changes ................................................................................................................................... 3
1.8 FLSA Overtime ................................................................................................................................. 4
1.9 Shift Change Day Light Savings Time .............................................................................................. 4
1.10 Fire Division Schedule ..................................................................................................................... 4
1.11 Shift Sign-Up .................................................................................................................................... 5
2. Contract Overtime/Compensatory Time/Call-Out/Stand-by/Court Appearances ................................ 5
2.1 Contract Overtime ........................................................................................................................... 5
2.2 Compensatory Time ........................................................................................................................ 6
2.3 Call-Out ............................................................................................................................................ 7
2.4 Stand-By ........................................................................................................................................... 7
2.5 Off-Duty Court Appearance Pay...................................................................................................... 7
2.6 Overtime Cancellation ..................................................................................................................... 8
3. Overtime Calculation ............................................................................................................................... 9
4. Holidays ................................................................................................................................................... 9
4.1 Observed Holidays ........................................................................................................................... 9
4.2 Holiday Pay ...................................................................................................................................... 9
4.3 Holiday Pay for Detectives ............................................................................................................ 10
4.4 Holiday Pay Rate ............................................................................................................................ 10
5. Annual Leave Program .......................................................................................................................... 10
6. Military Leave ........................................................................................................................................ 12
7. Other Fringe Benefits ............................................................................................................................ 12
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7.1 Fringe Benefit Administration ....................................................................................................... 12
7.2 Regular Part-Time Employees Fringe Benefits ............................................................................. 12
7.3 Industrial Injury or Illness ............................................................................................................. 12
7.4 Catastrophic Leave ........................................................................................................................ 12
7.5 Paternity Leave .............................................................................................................................. 12
7.6 Family and Medical Leave ............................................................................................................. 13
7.7 Light or Limited Duty ..................................................................................................................... 13
7.8 Americans with Disabilities Act ..................................................................................................... 13
7.9 Payment to Beneficiary ................................................................................................................. 13
7.10 Health Plan Coverage .................................................................................................................... 13
7.11 Dental Coverage ............................................................................................................................ 16
7.12 Vision Coverage ............................................................................................................................. 17
7.13 Adoption Benefit ............................................................................................................................ 17
7.14 Bereavement Leave ....................................................................................................................... 17
7.15 Funeral Expense Benefit ................................................................................................................ 18
7.16 Long-Term Disability Insurance ..................................................................................................... 18
7.17 Life Insurance ................................................................................................................................. 18
7.18 Deferred Income ........................................................................................................................... 19
7.19 Retired, Deceased and/or Permanently and Totally Disabled Employees .................................. 19
1. Definition of Terms ........................................................................................................................ 19
2. Retirement Health Benefits For Employees Hired Prior to July 1 2007 .......................................... 20
3. Retirement Health Benefits for Employees Hired On or After July 1, 2007 .................................. 21
7.20 Clot hing Allowance ..................................................................................................................... 22
7.21 Education and Training ............................................................................................................... 23
7.22 Longevity and Incentive Pay (P.O.S.T., Detect ives, Motor Officers) ........................................ 23
7.23 Retirement Program ...................................................................................................................... 24
7.24 Dependent Care Assistance Program ........................................................................................... 27
7.25 Health Care Tax-Free Dollar Account Program ............................................................................ 28
7.26 Off-Duty Employment ................................................................................................................... 28
7.27 Reinstatement/Specialty Position ................................................................................................. 28
8. Agency Shop and Payroll Deductions ................................................................................................... 28
8.1 Agency Shop .................................................................................................................................. 28
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8.2 Deductions ..................................................................................................................................... 30
8.3 Listing of Deductions ..................................................................................................................... 30
8.4 Hold Harmless ................................................................................................................................ 30
8.5 Bargaining Unit Work .................................................................................................................... 30
9. Safety Equipment .................................................................................................................................. 31
9.1 Replacement Equipment ............................................................................................................... 31
9.2 Personal Equipment ...................................................................................................................... 31
9.3 UV Eye Protection (Sunglasses) .................................................................................................... 31
10. Salaries & Miscellaneous Pay ................................................................................................................ 31
10.1 Revised Classification Plan and Salary Structure ........................................................................... 31
(a) General Provisions ..................................................................................................................... 31
(b) PSO I-IV Classifications ............................................................................................................... 32
(c) Salary/Pay Schedules ................................................................................................................. 33
10.2 Salary Adjustments ........................................................................................................................ 34
10.3 Monthly Salary Schedule ............................................................................................................... 34
10.4 Incentive Pay or Acting Pay ............................................................................................................ 34
10.5 Payday ............................................................................................................................................ 37
10.6 Pay Change Effective Dates ........................................................................................................... 37
10.7 Shift Differential ............................................................................................................................ 37
10.8 Bilingual Pay ................................................................................................................................... 37
11. Alcohol and Drugs .................................................................................................................................. 38
11.1 Alcoholic Beverages or Other Drugs ............................................................................................. 38
11.2 Off-duty Hours ............................................................................................................................... 38
11.3 Prescription Drugs ......................................................................................................................... 38
11.4 Special Assignments ...................................................................................................................... 38
12. Physical and Psychological Fitness ........................................................................................................ 39
12.1 Physical Fitness .............................................................................................................................. 39
12.2 Fitness Program ............................................................................................................................. 39
12.3 Psychological Fitness ...................................................................................................................... 39
12.4 Psychological Counseling .............................................................................................................. 40
13. Smoking ................................................................................................................................................. 40
13.1 Employees Hired After July 1, 1993 .............................................................................................. 40
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14. Grievance Policy and Procedure ........................................................................................................... 40
15. Use of Sport Center and Lap Swimming Program ................................................................................ 41
16. Management Rights .............................................................................................................................. 41
17. Work Curtailment (No Strike Clause) .................................................................................................... 42
18. Personnel Rules and Regulations .......................................................................................................... 42
19. Complete Understanding ...................................................................................................................... 42
20. Term of Agreement ............................................................................................................................... 42
21. Succeeding Agreement ......................................................................................................................... 42
22. Invalidation ............................................................................................................................................ 43
22.1 Suspension of Agreement.............................................................................................................. 43
22.2 Replaceme nt .................................................................................................................................. 43
23. Non-Discrimination ................................................................................................................................ 43
24. Personnel Files ....................................................................................................................................... 43
25. Employee Performance Evaluations ..................................................................................................... 44
26. No Contracting Out ................................................................................................................................ 44
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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-IV, Public Safet y 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 benefit compensation for all members of the bargaining unit.
Public Safety Officer Trainees are included in this Memorandum o f 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
consists of 28 days. The FLSA work period for all sworn personnel assigned to the
Fire Division, consists of 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
mai n t ai ns 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.
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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 le ave
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
durin g t h e 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.
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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 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 the 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-
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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.
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 p a y ments s h all be calculated a t
the end of each work period, a n d 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 or 2x4
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 s h i f t s during the 27 day work period. FLSA
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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 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 1.8 above.
(c) RPPSOA m emb e r s working the Kelly Plan will receive 162.36 hours of FLSA
overtime per year.
(d) RPPSOA members working the 2x4 schedule will receive 10 hours of FLSA
overtime per 24-day work period.
(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 from 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).
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(iii) All hours in paid status shall count as "hours worked” in calculating Contract
overtime.
(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 paid leave (e.g., Annual Leave, Sick Leave,
Co mpensatory Time Off, Bereavement Leave, Paternity Leave, Family Leave, etc.)
shall count as "work hours" and "hours worked" in calculating Contract Overt i me .
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
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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
sworn 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 compensa tory time at the end of the
calendar year in which the request was made.
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, 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 appear in court pursuant to a valid subpoena 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 time and
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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.
An employee is required t o check his/her Department v oic e mail at 1700 hours the
previous busin ess d a y to the court appearance t o 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 Dep artment 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.
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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.
4. Holidays
4.1 Observed Holidays
Employees will receive t h e 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.
4.2 Holiday Pay
Holiday Pay for the full calendar year will be paid once a year, on the first pay
date in December to those employees required to work holidays for the holidays
worked. Employees can be required to work as scheduled without any reference
to holidays. Holiday pay will be calculated on a straight time basis and
compensated at the rate of up to 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
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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 of the Director of Public Safety, PSOs assigned to the
Detective Division shall utilize holiday paid leave and will not work and receive
holiday pay pursuant 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 em p l o y ees d u e to the holidays ident ified above
shall be based upon the employee's regular rate of pay in the Police Division.
5. Annual Leave Program
(a) Effective July 1, 2011 employees shall accrue the following Annual Leave:
Length of Service
As a Full-time
Employee
Monthly
Annual Leave Hours
Yearly
Annual Leave Hours
0 to 2 years 13.167 Hours 158 Hours
3 to 5 years 14.5 Hours 174 Hours
6 to 10 years 16.5 Hours 198 Hours
11 to 15 years 18.5 Hours 222 Hours
16+ years 19.83 Hours 238 Hours
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(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 t o 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 later], an employee may accumulate annual leave
credits up to a maximum of 550 hours of annual leave. Accrual shall cease until
the annual leave balance falls below the 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.
(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.
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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 f e d era l law. The emp lo y e e must notify his/her s u perv iso r 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 b enefit s s h all be as provided i n City Council
Resolution No. 80-140, adopted August 11, 1980, a copy of which is attached
hereto.
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 annu al
l e ave for paternity leave, following the birth or adoption of a child.
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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.
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 Fair Employment and Housing Act (FEHA).
7.9 Payment to Beneficiary
Upon death of an employee, a n y 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
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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); REMIF Self
Insured Plans, including Traditional $250 and $500 Deductible Plans
and HSA (also known as the Anthem Blue Cross Prudent Buyer Plan);
Sutter Health, 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 7/1/16-6/30/18
-6/30/18
2018-2019 2019-2020 2020-
2021
Employee Only (Single) $500 $500 $515 $530
Employee + 1 (Two Party) $1,000 $1,000 $1,030 $1,060
Employee + 2 (Family) $1,400 $1,400 $1,450 $1,500
(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 eligible to receive an
alternate benefit in the amount of $350 per month (provided as specified
below) if they satisfy the following conditions:
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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 (or 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.
This alternate 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 eligible benefit program approved and
authorized by the City. Public Safety Officer Trainees shall be excluded
from receiving an Alternate Benefit. The alternate benefit program meets
all requirements for exclusion from “regular rate” calculations.
(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.
(d) 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 benefits for City employees that cause the
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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.
(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.
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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 mont h l y p r emiu ms a n d 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.
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
(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.
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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 repre s e nt ed b y this Agreement w ill 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.
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(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 (including subsections) applies only to employees hired prior to
July 1, 2007, and providing continuous City service since that time. The language in
this section has been revised from that contained in the previous MOAs between
the City and the Association for the purposes of administrative clarification, and
does not represent a change in benefits provided 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.
(c) “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 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
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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.
2. Retirement Health Benefits For Employees Hired Prior to July 1 2007
(a) Retirement Medical Benefits
Eligible Employees had the option to opt out of the retirement medical
benefit provided previously, and all employees hired before July 1, 2007 who
are currently in the unit elected to opt out, and are therefore covered by the
provisions below.
Eligible Employees hired before July 1, 2007 received the following
Retirement Medical Benefit, which is fully vested. Eligible Employees who
elected 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.
(i) The City 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 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 received service credit on a pro
rata basis by month and days of service as of January 1, 2015.
(ii) Upon retirement from the City, the City will provide the Retired
Employee 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 funds shall
be provided to each member on a pre-tax basis (to the extent
permitted by law), through a Retiree Health Care Reimbursement
Account (RHRA). 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.
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(iii) Retired Employees may participate at their own expense in the
City’s group health insurance, subject to applicable group health
insurance plan requirements.
(b) 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 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.
3. Retirement Health 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.
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(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 Allow ance
(a) That the City will provide, to newly employed sworn personnel, an initial set of
u ni for ms (i.e., two (2) sets of Class B/BDU Uniforms Pants, two (2) Class B/BDU Long
Sleeve Shirts, two (2) Class B/BDU Short Sleeve Shirts; One (1) Wool/Class A Uniform Pants,
One (1) Wool/Class A Long Sleeve Shirt, one (1) Ike Jacket; one (1) nylon duty belt and inner
belt; two (2) training shirts; two (2) fire T-shirts; Tie and Tie Bar and two (2) uniform hats)
t o those employees required t o wear them. The value of the uniforms provided to
newly employed sworn personnel does not exceed $900. The City will provide the
uniform maintenance allowance specified in (b) below, and will not otherwise
provide or pay to replace uniforms after the initial set (e.g., the City will not replace
or pay for damaged, worn out, or lost uniforms).
(b) The City will provide a Uniform Maintenance Allowance of $1,080 per calendar
year for sworn personnel, and $540 per calendar year for Community Services
Officers. The Uniform Maintenance Allowance shall be paid monthly, and the City
will comply with CalPERS’ requirements for reporting these allowances. Under
current CalPERS 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.
(c) 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.
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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:
Completed Years of Service Pay 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.
(b) The City will provide a P.O.S.T. Certification Incentive Pay to Sergeants 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%) percent of base salary per month . The
amount of the Advanced P.O.S.T. Certification Incentive Pay will be seven (7%)
percent of base salary per month. The payments provided above are not cumulative.
The amount of the P.O.S.T. Supervisor Certificate (Sergeant Only) will be nine (9%)
percent of base salary per month. Only one of the P.O.S.T. Certification Incentive
Pays is paid per employee.
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(c) Detective Division 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) Motorcycle Patrol Premium. The City will provide Incentive Pay to Public Safety
Officers assigned to motorcycle duty of five (5) percent of base salary per month.
(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
shall be eligible for two and one-half (2.5) percent of base salary differential pay.
7.23 Retirement Program
(a) Effective July 1, 2007, the City will provide the California Public Employees'
Retirement System (CalPERS) three percent (3%) at fifty (50) retirement program to
local safety members and the CalPERS two and seven tenths percent (2.7%) at fifty
five (55) retirement program to Public Safety Officer Trainees, Community Services
Officers, and Dispatchers. Effective Ju l y 1, 2011, as agreed to by all miscellaneous
employees of the City, the City will provide the California Public Employees'
Retirement System (CalPERS) 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 CalPERS per CalPERS
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 (CalPERS) 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 CalPERS 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 CalPERS for their retirement benefits. Similarly, in no event shall
miscellaneous employees contribute more than 8% to CalPERS for their respective
retirement benefits.
(b) The required employee cost sharing of employer costs described in this Section 7.23
(b) (including all subsections), shall be implemented pursuant to Government Code
Section 20516 (f). The parties mutually recognize and acknowledge that these cost-
sharing provisions satisfy the maximum cost-sharing terms set forth in Government
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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 an
additional one percent (1%) of PERSable compensation for a total
contribution of ten percent (10%) toward the cost of pension benefits.
(ii) Required 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 55 retirement plan formulas shall pay,
through payroll 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 cost 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.
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(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 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%) for
the 2.7% at 55 plan, and seven and one-half percent (7.5%) for the 2.0% at
55 plan.
(v) Required Miscellaneous Employee Cost Sharing of 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% 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%) for the 2.7% at 55 plan, and eight percent (8%)
for the 2.0% at 55 plan.
(vi) Required Miscellaneous Employee Cost Sharing of Employer Costs
Beginning July 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%) 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. 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 .
(c) New Employees Hired On or After January 1, 2013
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Effective January 1, 2013, the City will provide the following retirement benefits t o
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.
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).
(d) Except as otherwise specified in the cost sharing provisions of sections of this MOA
or negotiated in the future, the City will absorb any employer contribution rate
increases required by CalPERS.
(e) 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.
(f) 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.
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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 o f the Unit will continue t o be eligible for employment b y third parties
during off-duty hours. The Association and the City will negotiate a side-letter
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 December 1, 2017.
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 o r 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, t h e n the following apply:
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(i) It is recognized that RPPSOA owes the same responsibilities to all employees
i n 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
(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 s peci fi ed 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 t e r m i n a t e p ayr o l l d e d u c t i o n s o f dues at the expiration of
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this Memorandum o f 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 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.
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(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.
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 f o r sunglasses p ro vid in g U V 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 job descriptions will describe the detailed requirements for the newly established
classifications.]
10.1 Revised Classification Plan and Salary Structure
(a) General Provisions
Effective April 2, 2017 [or the first date of the first pay period after 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
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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 step placement for all employees currently in the bargaining unit,
and this determination is final and shall not be subject to challenge under the
grievance procedure.
The parties recognize that the City must comply with the law and CalPERS 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 CalPERS rules, regulations, and directives pertaining to reporting
compensation.
(b) PSO I-IV Classifications
(i) PSO I: The PSO I is the entry level classification with the requirements as set
forth in the Public Safety Officer I job description.
(ii) PSO II: The PSO II classification requires successful completion of probation
at the PSO I level and completion of the Fire Academy.
(iii) PSO III: The PSO III classification requires all of the requirements of PSO 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 firefighting pumping apparatus.
(2) Each qualified 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 his/her qualification .
(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:
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(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 P.O.S.T. Intermediate Certificate or higher, and
(3) Any one of:
(i) Associate of Arts degree or higher from an accredited college,
or
(ii) Actively seeking a Bachelor’s degree from an accredited
college, with a minimum of two years completed ("actively
seeking" means the 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 six (6)
semester units completed during that period), or
(iii) Assigned one or more of the Special Assignments listed below
within the past five (5) years. Special Assignments to be
considered for this program are: Field Training Officer;
Detective; COPS; Special Enforcement Unit; Gang Officer;
Police Canine Handler; School Resources Officer; Firearms
Instructor; Defensive Tactics Instructor; Driving Instructor;
Motors; Traffic; Malt; Field ID Technician; OES Coordination
Team, or other assignments deemed qualifying by the
Director of Public Safety.
(c) Salary/Pay Schedules
Effective April 2, 2017 [or the first date of the first full pay period after Council
approval of this Agreement, if later], 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
PSO I $33.41 $35.08 $36.84 $38.68 $40.61 $42.44
PSO II $34.25 $35.96 $37.76 $39.65 $41.63 $43.50
PSO III $35.45 $37.22 $39.08 $41.03 $43.08 $45.02
PSO IV $37.22 $39.08 $41.03 $43.08 $45.24 $47.27
Sergeant $44.85 $47.09 $49.44 $51.92 $54.51 $56.97
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Classification Step 1 Step 2 Step 3 Step 4 Step 5
Dispatcher $26.99 $28.34 $29.76 $31.25 $32.81
CSO $23.65 $24.83 $26.07 $27.37 $28.74
Comm. Supervisor $34.01 $35.71 $37.50 $39.37 $41.34
Part Time Dispatcher $26.99 $28.34 $29.76 $31.25 $32.81
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 first day of the pay period that includes July 1,
2018, the 2017 -2018 Pay Schedule shall be increased by three percent (3%).
This revised schedule shall be known as the 2018-2019 Pay Schedule.
(b) 2019-2010 Increase: Effective the first day of the pay period that includes July 1,
2019, the 2018 -2019 Pay Schedule shall be increased by three percent (3%). This
revised schedule shall be known as the 2019-2020 Pay Schedule.
(c) 2020-2021 Increase: Effective the first day of the pay period that includes July 1,
2020, the 2019-2010 Pay Schedule shall be increased by three percent (3%). This
revised schedule shall be known as the 2020-2021 Pay Schedule.
10.3 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 a n d regularly a ssig ned b y the Director of Public
Safety, as a Field Training Officer, shall receive a five percent (5%) of base salary
monthly I n c e n t i v e P a y .
(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
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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 will
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.
(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(b)(iii) and will be incorporated into the job description as
previously revised.]
(b) Non-Sworn Training Officer Pay
(i) 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.
(ii) Community Service Officers (CSO), who are qualified and regularly assigned
by the Director of Public Safety in the training of new CSOs during their
probationary period, shall receive a monthly Incentive Pay of five percent
(5%) of his/her regular base salary.
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(c) Acting Commander Pay
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 Commander. There is no requirement or obligation by the
City to permanently fill positions that are open.
(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 assignment-based compensation is removed due to the
Acting Supervisor/Watch Commander assignment.
(e) Acting Commander Pay:
Public Safety Sergeants shall be eligible to serve as an Acting Commander. The
duration of such assignments may range from one pay period up to three months,
and will be made in writing. An Acting Commander assignment will typically be
compensated by a 10% acting pay for all hours actually worked as an Acting
Commander. 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 Acting Commander 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 Commander Incentive Pay may sign up for routine overtime offered to
all Sergeants but shall not be paid the Acting Lieutenant Commander Pay for such
overtime hours worked. Acting Commanders 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.
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10.5 Payday
City may distribute paychecks/Automatic Deposit Notices to employees
electronically on payday. Employees requesting a physical paycheck may pick it up
on break or lunchtime at the City Hall front counter on payday.
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.
10.7 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.
10.8 Bilingual Pay
Dispatchers, Public Safety Officers, Community Services Officers and Sergeants
verbally fluent in the Spanish language are eligible for 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 Human Resources. A
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designated employee may be retested at any time at the request of the Director of
Human Resources or Public Safety.
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 o r 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.
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
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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
dispatchers. Such employees who voluntarily enroll and successfully "pass" the
Physical Agility and Fitness Standards test shall re ce i ve t w e nty (20) h ours o f
physical f itne ss workout c ompen s a t ory 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 March 10, 2017.
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."
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 f o r
any or all employees t o determine job fitness. Fitness for duty provisions under the
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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 N o. 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 o f the grievance procedure constitut es 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 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.
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14.3 The “Employee Grie v an c e Pro c edur e 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 of reviewing 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 procedure,
and changes agreed upon will be incorporated into this MOA .
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, 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
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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
requirements of Government Code Sections 3300 through 3312, the Public Safety
Officers Procedural Bill of Rights, and will apply to non-sworn members o f RPPSOA. City
agrees t o meet a n d 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.
20. Term of Agreement
This agreement shall become effective upon approval by the City Council, and will
terminate on June 30, 2021 unless extended by mutual agreement of the parties.
21. Succeeding Agreement
Negotiations for the period commencing July 1, 2021, 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
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negotiations commence later than February 1, 2021 . 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.
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.
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MP #4823-9628-9347 v13
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 v13
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CITY OF ROHNERT PARK ROHNERT PARK PUBLIC SAFETY
OFFICERS' ASSOCIATION
(RPPSOA)
___________________________ ___________________________
Darrin Jenkins, City Manager Date Rick Bates, President Date
By __________________________ ______________________________
Jake Mackenzie, Mayor Duane Labno. Vice President Date
Resolution Number: 2017- ______
ATTEST:
____________________________
JoAnne Buergler, City Clerk
Approved as to form:
____________________________
Michelle Marchetta Kenyon, City Attorney
The following are incorporated in this Agreement by reference:
• City Council Resolution No. 79-22, adopted February 13, 1979 - Grievance
Policy and Procedure [Revisions under consideration by the parties.]
• City Council Resolution No. 2001-270, adopted December 11,2001-
Catastrophic Leave
• City Council Resolution No. 80-140, adopted August 11,1980 - Regular P/T
Employees' Fringe Benefits
• City's Personnel Rules & Regulations
• Exhibit C - Fitness Program – Dated March 10, 2017
• Exhibit X- Patrol 12 Hour Shift Schedule
• RPDPS SOP-18- Timekeeping for Departmentally Required Training, 4/4/13
• Extended Fire Academy Side Letter