2017/04/25 City Council Resolution 2017-050RESOLUTION NO. 2017-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING AN OUTLINE OF CERTAIN CONDITIONS OF
EMPLOYMENT, FRINGE BENEFITS, AND SALARY FOR THE MANAGEMENT
UNIT FOR THE PERIOD OF APRIL 30, 2017 THROUGH JUNE 30, 2021
WHEREAS, staff has prepared a final Outline of Certain Conditions of Employment,
Fringe Benefits, and Salary for the Management Unit;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve and adopt the Outline of Certain Conditions of Employment,
Fringe Benefits, and Salary for the Management Unit, which is attached hereto as Exhibit "A" and
incorporated 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 this 25th day of April, 2017.
CITY OF ROHNERT PARK
ATTEST:
)c)A4niZ�MBuergler, City Clerk
Attachment: Exhibit A
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EXHIBIT A
OUTLINE
OF CERTAIN CONDITIONS OF EMPLOYMENT,
FRINGE BENEFITS, AND SALARY FOR THE
MANAGEMENT UNIT
EFFECTIVE April 30, 2017 – JUNE 30, 2021
OUTLINE-Management • April 30, 2017 through June 30, 2021 Page I
TABLE OF CONTENTS
1. WORK SCHEDULES ........................................................................................................................ 3
2. HOLIDAYS .......................................................................................................................................... 3
2.1. Holidays Observed ..................................................................................................................... 3
2.2. Proclaimed Holidays .................................................................................................................. 3
2.3. Day of Mourning .......................................................................................................................... 3
2.4. Floating Holiday .......................................................................................................................... 4
3. ANNUAL LEAVE PROGRAM ......................................................................................................... 4
4. MILITARY LEAVE ............................................................................................................................. 5
5. OTHER FRINGE BENEFITS ............................................................................................................ 5
5.1. Fringe Benefit Administration ................................................................................................. 5
5.2. Administrative Leave ................................................................................................................. 5
5.3. Catastrophic Leave .................................................................................................................... 6
5.4. Hearing Aid Benefit .................................................................................................................... 6
5.5. Family Medical Leave ................................................................................................................ 6
5.6. Light or Limited Duty ................................................................................................................. 6
5.7. Americans with Disabilities Act .............................................................................................. 6
5.8. Employee Death .......................................................................................................................... 6
5.9. Health Insurance ......................................................................................................................... 7
5.10. Adoption Benefit ......................................................................................................................... 9
5.11. Bereavement Leave .................................................................................................................... 9
5.12. Funeral Benefit ............................................................................................................................ 9
5.13. Long-Term Disability Insurance ............................................................................................ 10
5.14. Life Insurance ............................................................................................................................ 10
5.15. Deferred Income ........................................................................................................................ 10
5.16. Retired, Deceased and/or Permanently and Totally Disabled Employees .......... 10
5.17. Education and Training ........................................................................................................... 13
5.18. Longevity Pay ............................................................................................................................ 13
5.19. Retirement Programs ............................................................................................................... 14
5.20. 401(a) Retirement Plan ............................................................................................................ 15
5.21. Dependent Care Assistance Program ................................................................................. 15
5.22. Health Care Tax-Free Dollar Account Program ................................................................ 15
5.23. Counseling Services ................................................................................................................ 15
6. SALARY & MISCELLANEOUS PAYS ......................................................................................... 15
6.1. Salary Adjustment .................................................................................................................... 15
6.2 Automobile Allowance ............................................................................................................ 16
6.3 Paychecks .................................................................................................................................. 16
6.4 Pay Change Effective Dates ................................................................................................... 16
_Toc480876672
7. ALCOHOL AND DRUGS................................................................................................................ 16
OUTLINE-Management • April 30, 2017 through June 30, 2021 Page II
7.1 Alcoholic Beverages or Other Drugs ................................................................................... 17
7.2 Off Duty Hours ........................................................................................................................... 17
7.3 Prescription Drugs ................................................................................................................... 17
8. SMOKING ......................................................................................................................................... 17
9. RESIDENCY ..................................................................................................................................... 17
10. GRIEVANCE POLICY AND PROCEDURE ................................................................................. 17
11. USE OF CITY FACILITIES ............................................................................................................. 17
12. MANAGEMENT RIGHTS ............................................................................................................... 18
13. WORK CURTAILMENT (NO STRIKE CLAUSE) ....................................................................... 18
14. TERM OF OUTLINE ........................................................................................................................ 18
15. INVALIDATION ................................................................................................................................ 18
15.1 Suspension of Agreement ...................................................................................................... 18
15.2 Replacement .............................................................................................................................. 18
16. NON-DISCRIMINATION ................................................................................................................. 19
17. PERSONNEL FILES ....................................................................................................................... 19
18. EMPLOYEE PERFORMANCE EVALUATIONS ........................................................................ 19
INDEX .......................................................................................................................................................... 21
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Page 3
This Outline is a document that describes conditions of employment, fringe benefits and
salary for employees in the Management Unit. The Management Unit currently consists
of employees occupying the classifications of:
City Clerk
City Engineer
Civilian Fire Marshall
Deputy City Engineer
Director of Public Works and Community Services
Planning Manager
1. Work Schedules
The appointing authority shall establish and modify work schedules for all
employees. Employees in Management positions shall work any and all hours
necessary in the performance of their assigned duties, without overtime and
without regard to fixed work schedules.
2. Holidays
2.1. Holidays Observed
The holidays observed by the City will be:
“Independence Day,” July 4
The first Monday in September, "Labor Day"
The second Monday in October, "Columbus Day"
"Veteran's Day," November 11
The fourth Thursday in November, "Thanksgiving Day"
Day after "Thanksgiving
12:00 Noon to 5:00 p.m. on Christmas Eve, December 24
“Christmas Day,” December 25
“New Year’s Day”, January 1
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"
2.2. Proclaimed Holidays
Every day proclaimed by the President, Governor or Mayor of the City as a public
holiday and made applicable to City employees.
2.3. Day of Mourning
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.
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Page 4
2.4. Floating Holiday
In addition to the recognized holidays identified in Section 2.1, each eligible
employee shall be allocated one floating holiday (equivalent to 8 hours for a full-
time employee) per fiscal year on July 1st. Each employee hired prior to July 1 of
each year shall be entitled to the floating holiday. Employees hired between July
1 and December 31 will receive 8 hours of floating holiday time. Employees hired
between January 1 and June 30 will receive 4 hours of floating holiday time in the
fiscal year in which they were hired. The floating holiday must be taken prior to
June 30th of each year. The floating holiday will not be carried over from year to
year and there shall be no cash value for the floating holiday during employment
or upon separation from the City.
3. Annual Leave Program
3.1. Effective July 1, 2011 employees shall accrue monthly the following
Annual Leave:
Length of
Service
Monthly Accrual
Rate
Annual Leave
Allowance
0-2 Years 12.67 hours 152 hours
3-5 Years 14.00 hours 168 hours
6-10 Years 16.00 hours 192 hours
11-15 Years 18.00 hours 216 hours
16+ Years 19.33 hours 232 hours
3.2. 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. Half-pay hours accumulated as provided by the disability wage
plan will be converted to fully-paid hours (balance divided by 2), and credited to
the balance of each employee covered by the disability wage plan. Employees in
the disability wage plan who have not received their 2011 anniversary allotment of
40 hours of full-pay disability wage at the time of conversion will receive this
additional 40 hours upon conversion. 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.
3.3. 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 If a demonstrable pattern of abuse or evidence
of suspected fraud is identified.
3.4. 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 cap.
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3.5. Accumulated Annual Leave shall be converted to cash upon separation
from City service.
3.6. The City will provide a short-term disability insurance program which
includes income replacement of 60% and benefits coordination to employees.
4. Military Leave
The City grants military leave and any related benefits maintenance, job seniority
and retention rights to all employees for service in a uniformed service in
accordance with state and federal law. The employee must notify his/her
supervisor of upcoming military duty as soon as he/she becomes aware of his/her
obligation.
5. Other Fringe Benefits
5.1. Fringe Benefit Administration
The City reserves the right to select the insurance carrier(s) or to self-
administer any of the fringe benefit programs provided. All benefits
provided under this section (Section 5) are subject to the characteristics of
each individual benefit program. The value or availability of the benefits
provided in this Outline as originally worded or as amended from time to
time may depend on their tax treatment by the State or Federal government
or the decisions of other government agencies or departments, such as,
but not limited to, the California Public Employees' Retirement System
(CaIPERS). The City will endeavor to obtain the most favorable treatment
legally possible from these other governmental entities. However, the City
makes no representation concerning the value of such benefits to unit
members or how they will be taxed or otherwise treated by other agencies
or departments. The City's obligations under this Outline are limited to the
direct cost of providing the salary and benefits as described in this Outline.
The City shall have no additional financial obligation, even if the tax or other
treatment of such salary or benefits by other agencies or departments
reduces or eliminates their value to the employee.
A. The City will continue all employee benefits and pay the appropriate
premiums, as specified by law or the City's Personnel Rules.
B. Employee may continue benefits during an authorized leave without
pay for the period of the authorized leave by making payment to the City
for said benefits.
C. If there is any inconsistency between this section and the Personnel
Rules and Regulations, the Personnel Rules and Regulations shall govern.
5.2. Administrative Leave
The employees in the unit shall receive one hundred (100) hours of
Administrative Leave on July 1, 2017 and each July 1st. thereafter for the
term of this outline. Up to twenty (25) hours of unused Administrative Leave
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Page 6
may be paid in cash or its equivalent value applied towards an approved
benefit program. Requests for pay of this leave shall be submitted to the
City Manager on or before June 1, 2018 and each June 1st thereafter for
the term of this outline. Payment shall be made no more than 30 days
subsequent to the approval of the request by the City Manager. Any
unused Administrative Leave hours remaining as of June 30, 2018 and
each June 30th thereafter for the term of this outline shall be forfeited.
5.3. Catastrophic Leave
Leave benefits shall be provided as outlined in City Council Resolution No.
2001-270, adopted December 11, 2001.
5.4. Hearing Aid Benefit
That the City shall reimburse employees up to eighty percent (80%) with a
lifetime maximum of nine hundred dollars ($900) for hearing aid devices.
5.5. Family Medical Leave
Employees may request a leave of absence under the California Family
Rights Act (CFRA) and/or the Federal Family Medical Leave Act (FMLA).
Requests for family and medical leave shall comply with the requirements
of the CFRA and/or the FMLA.
5.6. Light or Limited Duty
Employees injured or ill from either on-the-job (industrial) or off-the-job
(non-industrial) causes may, at the City's sole discretion, be assigned to
light, limited, or modified duty. They may be assigned duties that differ from
the normal work duties of the employee. By virtue of this paragraph, City
does not intend to create any permanent light, limited or modified positions.
5.7. Americans with Disabilities Act
The City recognizes it has an obligation under law to comply with the
Americans with Disabilities Act (ADA) and disability provisions of the
California Fail employment and Housing Act (FEHA).
5.8. Employee Death
Upon death of an employee, any unused annual leave shall be paid to the
employee's surviving spouse or beneficiary. In the absence of a spouse or
beneficiary, any unused annual leave shall be paid to the primary
beneficiary specified by the employee on the employee's
enrollment/beneficiary card for City-provided life insurance.
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5.9. Health Insurance
The City shall provide the insurance programs described in this Section.
The City reserves the right to provide these insurance programs by self-
insurance, through an insurance company or by any other method which
provides the coverage outlined. Any premiums paid by the employee
eligible for Section 125 will be deducted from the employee’s pay on a pre-
tax basis.
A. Health Insurance - The City shall offer employees and their eligible
dependents, a health insurance program under the terms set forth below:
1) The City will contribute up to the following amounts per
month toward the cost of employee medical insurance
premiums for City’s offered health plans at the employee’s
enrollment level:
2) The City shall provide a copy of the summary description of
all health care programs offered by the City to each
employee upon request.
3) Regular part-time employees may elect to participate in
health insurance plans and the City will contribute a 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:
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
Enrollment Level 7/1/2017-
6/30/18
2018-2019 2019-2020 2020-2021
Employee Only
(Single)
$500 $500 $515 $530
Employee + 1 (Two
Party)
$1,000 $1,000 $1,030.00 $1,060
Employee + 2
(Family)
$1,400 $1,400 $1,450.00 $1,500
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Page 8
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. The alternate benefit
program meets all requirements for exclusion from “regular rate”
calculations.
C. Joint Commitment to Affordable Health Care –Ninety (90) days
prior to open enrollment, parties will work together to review preliminary
health care rates and discuss any potential changes to plan design to
reduce costs. However, changes necessitated by REMIF’s transition from
fully insured plans to self-insured plans are outside the scope of this outline.
D. Dental Insurance - The City shall offer employees and their eligible
dependents, dental insurance benefits under the terms as set forth below.
The City shall provide a copy of the summary description of the dental
program offered by the City to each employee upon request.
1) 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 per year for the following benefits:
2) One hundred percent (100%) of the cost of diagnostic and
preventative care.
3) Eighty-five percent (85%) of the cost of basic dental
services.
4) Eighty-five percent (85%) of the cost of crowns and
restorations.
5) Fifty percent (50%) of the cost of prosthodontics.
6) Two thousand dollar ($2,000) maximum benefit for dental
services per person per year.
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7) Fifty percent (50%) of the cost of orthodontics with a one
thousand five hundred dollar ($1,500) lifetime maximum
benefit per person
8) 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.
E. Vision Insurance -The City shall offer employees and their eligible
dependents, a vision insurance program under the terms as set forth below:
1. The City shall pay the applicable monthly premiums and any
increases during the term of this Agreement. Premiums will
be set by the insurer, or if self-insured by the City, using
fiscally prudent methods. The City shall provide a copy of
the summary description of the vision insurance program
offered by the City to each employee upon request.
2. 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
benefits summarized above. For details, allowances and
restrictions, refer to the Plan documents.
5.10. 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.
5.11. Bereavement Leave
A. A regular employee shall be paid up to three (3) days of
bereavement leave when there is a death in their immediate family.
B. Immediate family in this case means: spouse, domestic partner,
father, father-in-law, mother, mother-in-law, brother, brother-in-law, sister,
sister-in-law, child (including step-children), step-parents, aunts, uncles,
grandparents, grandparent-in-Iaw, grandchildren and relationships in loco-
parentis, and close personal relationships, with the approval of the City
Manager or his/her designee.
5.12. Funeral Benefit
City will provide fifty percent (50%) co-payment, not to exceed two
thousand dollars ($2,000), for funeral expenses for an employee or their
spouse only. This funeral benefit will be considered secondary to and shall
be coordinated with any and all other funeral benefits that may be payable
to employee or spouse.
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5.13. Long-Term Disability Insurance
The City shall provide, at no premium cost to employees, long-term
disability income protection insurance coverage. The basic benefit shall be
sixty six and two thirds percent (66 2/3%). In no event shall the employee
receive more than full salary. The benefits provided under this section are
subject to the characteristics of the individual program. The waiting period
for the above long-term disability benefits plan shall be ninety (90) days.
5.14. Life Insurance
A. The City will provide, at no premium cost to employees, one
hundred thousand dollars ($100,000) life insurance coverage provided to
employees and five thousand dollars ($5,000) for dependents, and which
coverage includes accidental death and dismemberment benefits.
B. The City will allow, subject to the insurance carrier's approval, any
employee to purchase, at his or her own cost additional life insurance
coverage under the City's group program.
5.15. Deferred Income
The City will continue to make available to the employees a deferred
income program, now being administered by Nationwide and International
City Management Association (ICMA) or a similar program with another
institution acceptable to City.
5.16. Retired, Deceased and/or Permanently and Totally Disabled
Employees
This Section 5.16 (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 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
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Page 11
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 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) in the eligible employee’s name for the Eligible
Employee. The City contributed $2,000.00 per year of
Continuous City Service 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
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Page 12
this section will not continue for the survivors or dependent
children of the Retired Employee.
(iii) Retired Employees may participate at their own expense
in the City’s group health insurance, subject to applicable
group health insurance plan requirements.
(b) Dental and Vision Benefits For Eligible Employees
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.
(i) (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.
(ii) 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. Retiree Health Benefits For Employees Hired On or After July
1, 2007
Beginning July 1, 2014, on a going forward basis, regular full-time
or part-time benefited City employees hired on or after July 1, 2007
shall be eligible for the benefits described below in lieu of the
benefits described in Sections 5.16(2)(a-b) above:
(a) Effective July 1, 2014, the City will increase the contribution
from $75.00 per month to $100.00 per month for active
employees in paid status to a Retiree Health Savings
Account (RHSA). The monthly contribution will end upon the
employee’s date of retirement or separation from the City.
(b) The City’s contribution to an employee’s RHSA shall be
considered vested as to an employee terminating City
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employment with five (5) or more consecutive years of City
service.
(c) Calculation of the monthly contribution will be prorated for
regular part-time employees. No employee contribution is
required.
(d) Subject to the eligibility criteria of REMIF and/or insurance
plans, employees hired after June 30, 2007 may participate
as retirees at their own expense in the City's group health
insurance.
5.17. Education and Training
The City will provide an education and training assistance program to
provide reimbursement to employees for tuition, parking 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 Human
Resources Director 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.
5.18. Longevity Pay
A. The City shall provide longevity pay to employees based on
continuous years of service, as defined immediately below:
Completed Years of Service Pay Percentage Increases
5 years 2%
For each year completed
thereafter
½%
B. The maximum longevity pay percentage to be paid shall be ten
percent (10%) of base pay. The “completed years of service” will
be determined on January 1st and July 1st only and not on an
employee’s employment anniversary date.
C. Longevity Pay Program as outlined in Section 5.20 shall not apply
to personnel hired after October 10, 1995.
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5.19. Retirement Programs
A. Effective July 1, 2007, the City will provide the California Public
Employees’ Retirement System (CalPERS) two and seven tenths
percent (2.7%) at fifty-five (55) retirement program to
miscellaneous member employees. Effective July 1, 2011 the City
will provide the California Public Employees’ Retirement System
(CalPERS) two percent (2.0%) at fifty-five (55) program to
miscellaneous member employees hired on or after July 1, 2011.
Effective August 1, 2011, all employees, regardless of program,
will pay the required member contribution.
1) The City will continue to provide the "one-year
highest compensation" optional provision in its
contract with CaIPERS.
2) The City will absorb any employer contribution rate
increases for miscellaneous members required by
CaIPERS.
3) 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 for the 5.0% annual maximum cost-
of-living allowance increase as defined in Section
21335.
B. New Employees Hired On or After January 1, 2013 Who Are New
Members of the CalPERS System.
1) Effective January 1, 2013, the City will provide the
CalPERS two percent (2.0%) at sixty-two (62),
highest three year average program to
new miscellaneous employees (who meet the
definition of a new member under PEPRA) hired on
or after January 1, 2013.
2) Effective January 1, 2013, such new miscellaneous
member employees hired on or after January 1,
2013, shall contribute at least fifty percent (50%) of
the normal cost rate to CalPERS.
3) Pensionable compensation does not include monies
paid to new miscellaneous 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).
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Page 15
C. The City makes no representation concerning the value of this
benefit or how it may be taxed or treated by other agencies either
presently or in the future. The City's obligation under this section is
limited to the direct cost of providing the benefit as described. The
City shall assume no further or additional financial obligation even
if an outside agency imposes or determines there to be a financial
obligation for the City or the employee.
5.20. 401(a) Retirement Plan
If eligible under guidelines, members of the management unit may
participate in the City’s 401(a) retirement plan.
5.21. 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.
5.22. 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.
5.23. Counseling Services
Payment by the City of any unreimbursed costs, up to a maximum City
reimbursement of one thousand dollars ($1,000) per household per
calendar year, for professional counseling service charges which are not
paid for by City-provided or other insurance which the employee may have.
Services not covered by City-provided health insurance programs with a
maximum calendar year benefit of one thousand dollars ($1,000) per
calendar year per household.
6. Salary & Miscellaneous Pays
6.1. Salary Adjustment
(a) Effective the pay period beginning April 30, 2017 employees shall
receive a five and one half (5.5%) increase to base salary.
(b) Effective the first day of the pay period that includes July 1, 2018,
employees shall receive a two and one half percent (2.5%) increase
to base salary.
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(c) Effective the first day of the pay period that includes July 1, 2019,
employees shall receive a two and one half percent (2.5%) increase
to base salary.
(d) Effective the first day of the pay period that includes July 1, 2020,
employees shall receive a three percent (3%) increase to base
salary.
6.2 Automobile Allowance
Effective December 1, 2007, miscellaneous members of the management
unit shall receive an automobile allowance in the amount of $322.30. On
July 1 of each year, the automobile allowance shall be adjusted by an
amount to be determined by the Bay Area All Urban Workers Consumer
Price Index (CPI). The amount of the adjustment will be based upon the
change in the CPI from April of the year prior to April of the current year.
Effective July 1, 2016, the automobile allowance amount shall be $393.04
per month.
6.3 Paychecks
When the City acquires the technology to do so, the 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.
6.4 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.
7. Alcohol and Drugs
The City agrees to continue to work together to assist any employees who have
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 certain City employees are required to drive City vehicles, to think clearly
and act responsibly as well as use various types of equipment, and it is known that
drinking alcoholic beverages or taking certain drugs may slow a 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.
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7.1 Alcoholic Beverages or Other Drugs
Alcoholic beverages, or other drugs which affect an employee's ability to
drive or function safely, shall not be used by employees during their
assigned regular workday, nor while on assigned standby duty.
7.2 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.
7.3 Prescription Drugs
Employees using prescription drugs that affect the employee's ability to
work safely must inform their supervisor and may be assigned to other
appropriate duties or required to take leave.
8. Smoking
The City maintains as a clearly expressed condition of employment that
employees refrain from smoking.
9. Residency
This program is eliminated effective July 1, 2011. Employees receiving residency
stipends of $60/mo. as of this date may retain them unless they fail to meet to
condition of residing within the City. Should such an employee lose eligibility, no
re-entry to the program is permitted.
10. Grievance Policy and Procedure
City will comply with the grievance procedure as outlined in Resolution No. 79-22,
adopted February 13, 1979, a copy of which is attached hereto. Failure to meet
any time line or specifically comply with any other requirement of the grievance
procedure constitutes a specific waiver and is a bar to further consideration of the
grievance.
11. Use of City Facilities
Employees and their spouse or 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 to use the weight room and locker room facility at
the Sports Center when such facilities are open, and to 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 or pools by employees, spouse or
domestic partner, and/or dependents of employees adversely impacts the public's
access to these facilities, the City may revoke this access and require payment of
a fee.
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12. Management Rights
Except as limited in this Outline 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 for 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 Outline; 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 layoff its employees whenever their positions are abolished, or
whenever necessary because of lack of work or lack of funds, or other legitimate
reasons; to determine whether goods or services shall be made, purchased, or
contracted for; to determine the methods, means, and numbers and kinds of
personnel by which the City's services are to be provided; including the right to
schedule and assign work and overtime; and to otherwise act in the interest of
efficient service to the City; and to take all necessary actions to protect the public
and carry out its mission in emergencies.
13. Work Curtailment (No Strike Clause)
Under no circumstances shall any employee individually or collectively cause,
sanction, honor or engage in any strike, sit-down, stay-in, sick-out, slow-down,
speed-up, work to rule or any other type of job action, curtailment of work,
restriction of production or restriction of service during the term of this Outline.
14. Term of Outline
This Outline shall become effective on April 30, 2017 through June 30, 2021.
15. Invalidation
15.1 Suspension of Agreement
If during the term of this Outline, any item or portion thereof of this Outline
is held to be invalid by operation of any applicable law, rule, regulation, or
order issued by governmental authority or tribunal of competent jurisdiction,
or if compliance with or enforcement of the item or portion thereof shall be
restrained by any tribunal, such provision of this Outline shall be
immediately suspended and be of no effect hereunder so long as such law,
rule, regulation, or order shall remain in effect. Such invalidation of a part
or portion of this Outline shall not invalidate any remaining portion that shall
continue in full force and effect.
15.2 Replacement
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In the event of suspension or invalidation of any article or section of this
Outline, City agrees, that except in an emergency situation, to arrive at a
satisfactory replacement for such article or section.
16. Non-Discrimination
City acknowledges that in receiving the benefits afforded by this Outline, no person
shall in any way be favored or discriminated against to the extent prohibited by
law.
17. Personnel Files
Employees or their duly authorized representative have the right to inspect his or
her personnel file maintained on him or her by the City. Employees have the right
to respond in writing to anything contained or placed in their personnel file and any
such responses shall become part of their personnel file.
18. 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
days after the evaluation interview.
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Incorporated by Reference. The following are incorporated in this agreement by reference:
City Council Resolution No. 79-22, adopted February 13, 1979 - Grievance Policy and
Procedure
City Council Resolution No. 2001-270, adopted December 11, 2001 – Catastrophic
Leave
City's Personnel Rules & Regulations
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INDEX
A
Adoption Benefit ∙ 9
Alcoholic Beverages or Other Drugs ∙ 19
Alternate Benefit ∙ 8
Americans with Disabilities Act ∙ 7
Annual Leave Program ∙ 4
Automobile Allowance ∙ 19
B
Bereavement Leave ∙ 9
C
Catastrohic Leave ∙ 6
Counseling services ∙ 18
D
Deferred Income Program ∙ 10
Dental insurance ∙ 8
Dependent Care Assistance Program ∙ 18
Disability Wage Program ∙ See Annual Leave
Program
E
Education ∙ 16
Employee Death ∙ 7
Employee Performance Evaluations ∙ 22
F
Family and Medical Leave ∙ 6
Funeral Benefit ∙ 9
G
Grievance Policy and Procedure ∙ 20
H
Health Care Tax-Free Dollar Account Program ∙
18
Health insurance ∙ 7
Hearing Aid Benefit ∙ 6
Holidays
Holidays Observed ∙ 3
L
Life Insurance ∙ 10
Light Duty ∙ 6
Limited Duty ∙ 6
Longevity ∙ 16
Long-Term Disability Insurance ∙ 9
M
Management Rights ∙ 20
Medical insurance ∙ 7
Military leave ∙ 5
Modified duty ∙ See light or limited duty
N
Non-Discrimination ∙ 22
O
Off Duty Hours
Alcohol and Drugs ∙ 20
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P
Paychecks ∙ 19
Personnel Files ∙ 22
Prescription Drugs ∙ 20
R
Residency ∙ 20
Retiree Health Savings Account ∙ 13
Retiree medical benefit ∙ 14
Retirement Benefits ∙ 17
Retirement plan 401(a) ∙ 18
S
Short-term disability insurance program ∙ See
Annual Leave Program
Sick Leave ∙ See Annual Leave Program
Smoking ∙ 20
Suspension of Agreement ∙ 21
T
Term of Outline ∙ 21
Training ∙ 16
U
Use of City Facilities ∙ 20
V
Vacation.Leave ∙ See Annual Leave Program
Vision insurance ∙ 9