2021/06/08 City Council Resolution 2021-061 RESOLUTION NO. 2021-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE TENTATIVE AGREEMENT ON A FOUR YEAR PROPOSAL
WITH THE ROHNERT PARK EMPLOYEES' ASSOCIATION (RPEA)
WHEREAS, the Rohnert Park Employees' Association (RPEA) has ratified the
terms and conditions contained in their Tentative Agreement on a Four Year Proposal with
the City of Rohnert Park (City) dated May 21, 2021; and
WHEREAS, the City Council wishes to recognize and approve the terms and
conditions of the Tentative Agreement on a Four Year Proposal with RPEA.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby approve the Tentative Agreement on a Four Year Proposal
with the RPEA 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 AND REGULARLY ADOPTED this 8th day of June, 2021.
CITY O H RT PARK
e, yor
ATTEST:
Sylvia Lopez uevas, City Clerk
Attachment: Exhibit A
ADAMS: LINARES: STAFFORD. ELWARD: GIUDICE:
AYES: (�,�` ES: ( r}� ABSEN : ( �) ABSTAIN: ( �)
EXHIBIT "A"
EXHIBIT A
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Page 1
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF ROHNERT PARK
AND THE
ROHNERT PARK EMPLOYEES’ ASSOCIATION
(RPEA)
EFFECTIVE April 30, 17June __, 2021 – JUNE 30, 20251
EXHIBIT A
Tentative Agreement 5.21.21
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TABLE OF CONTENTS
1. HOURS OF WORK ................................................................................................................................................... 4445
1.1 REGULAR WORKWEEK FOR EMPLOYEES .................................................................................................................... 4445
1.2 REGULAR WORKDAY FOR EMPLOYEES ...................................................................................................................... 4445
2. OVERTIME/COMPENSATORY TIME ......................................................................................................................... 4445
2.1 COMPENSATION RATE .......................................................................................................................................... 4445
2.2 MAXIMUM COMPENSATORY TIME .......................................................................................................................... 4445
2.3 CALL BACK OVERTIME .......................................................................................................................................... 4445
2.4 EXEMPT EMPLOYEES ............................................................................................................................................ 5556
2.5 ADMINISTRATIVE LEAVE - EXEMPT EMPLOYEES........................................................................................................... 5556
3. HOLIDAYS .................................................................................................................................................................... 6
3.1 OBSERVED HOLIDAYS ................................................................................................................................................ 6
3.2 PROCLAIMED HOLIDAYS ........................................................................................................................................ 6667
3.3 DAY OF MOURNING OR SPECIAL OBSERVANCE ........................................................................................................... 6667
3.4 HOLIDAYS FOR REGULAR PART-TIME EMPLOYEES ............................................................................................................. 7
3.5 FLOATING HOLIDAY ................................................................................................................................................... 7
4. ANNUAL LEAVE PROGRAM .......................................................................................................................................... 7
4.1 ACCRUAL ................................................................................................................................................................ 7
4.2 RESIDUAL ACCRUED SICK LEAVE .............................................................................................................................. 7778
4.3 ANNUAL LEAVE ADMINISTRATION ................................................................................................................................ 8
4.4 SHORT TERM DISABILITY ............................................................................................................................................ 8
5. MILITARY LEAVE .......................................................................................................................................................... 8
6. OTHER FRINGE BENEFITS ........................................................................................................................................ 8889
6.1 FRINGE BENEFIT PROGRAMS .................................................................................................................................. 8889
6.2 CATASTROPHIC LEAVE ......................................................................................................................................... 99910
6.3 CALIFORNIA FAMILY RIGHTS ACT AND FAMILY MEDICAL LEAVE ACT .............................................................................. 99910
6.4 LIGHT OR LIMITED DUTY...................................................................................................................................... 99910
6.5 AMERICANS WITH DISABILITIES ACT .............................................................................................................................10
6.6 PAYMENT TO BENEFICIARY.........................................................................................................................................10
6.7 INSURANCE COVERAGE .............................................................................................................................................10
6.8 ALTERNATE BENEFIT .................................................................................................................................................11
6.9 DENTAL COVERAGE ..................................................................................................................................................12
6.10 VISION COVERAGE ...................................................................................................................................................13
6.11 ADOPTION BENEFIT ..................................................................................................................................................13
6.12 BEREAVEMENT LEAVE ...............................................................................................................................................13
6.13 FUNERAL EXPENSE BENEFIT ............................................................................................................................ 13131314
6.14 LONG-TERM DISABILITY INSURANCE ................................................................................................................ 13131314
6.15 LIFE INSURANCE COVERAGE .......................................................................................................................................14
6.16 DEFERRED INCOME PROVIDERS ...................................................................................................................................14
6.17 RETIRED, DECEASED AND/OR PERMANENTLY AND TOTALLY DISABLED EMPLOYEES ...............................................................14
6.18 EDUCATION AND TRAINING REIMBURSEMENT ................................................................................................................17
6.19 LONGEVITY PAY ......................................................................................................................................................17
6.20 EDUCATIONAL INCENTIVE PAY ........................................................................................................................ 17171718
6.21 RETIREMENT PROGRAMS ...........................................................................................................................................18
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6.22 DEPENDENT CARE ASSISTANCE PROGRAM .....................................................................................................................19
6.23 HEALTH CARE TAX-FREE DOLLAR ACCOUNT PROGRAM ....................................................................................................19
6.24 HEARING AID BENEFIT ..............................................................................................................................................19
7. AGENCY SHOP AND PAYROLL DEDUCTION ..................................................................................................... 20202019
7.1 AGENCY SHOP ............................................................................................................................................ 22222219
7.2 LISTING OF DEDUCTIONS ............................................................................................................................... 23232320
7.3 HOLD HARMLESS ......................................................................................................................................... 23232320
8. SALARIES & MISCELLANEOUS PAY .................................................................................................................. 24242421
8.1 SALARY ADJUSTMENTS ................................................................................................................................. 24242421
8.2 BILINGUAL PAY ........................................................................................................................................... 24242421
8.3 PAYCHECKS ................................................................................................................................................ 24242421
8.4 PAY CHANGE EFFECTIVE DATES ....................................................................................................................... 24242421
9. ALCOHOL AND DRUGS .................................................................................................................................... 25252521
9.1 ALCOHOLIC BEVERAGES, OR OTHER DRUGS ....................................................................................................... 25252522
9.2 OFF DUTY HOURS ........................................................................................................................................ 25252522
9.3 PRESCRIPTION DRUGS .................................................................................................................................. 25252522
10. SMOKING ....................................................................................................................................................... 25252522
11. GRIEVANCE POLICY AND PROCEDURE ............................................................................................................ 26262622
12. USE OF CITY FACILITIES ................................................................................................................................... 26262622
13. MANAGEMENT RIGHTS .................................................................................................................................. 26262623
14. WORK CURTAILMENT (NO STRIKE CLAUSE) .................................................................................................... 26262623
15. PERSONNEL RULES AND REGULATIONS .......................................................................................................... 27272723
16. COMPLETE UNDERSTANDING ......................................................................................................................... 27272723
17. TERM OF AGREEMENT .................................................................................................................................... 27272724
18. SUCCEEDING AGREEMENT .............................................................................................................................. 27272724
18.1 SUSPENSION OF AGREEMENT ......................................................................................................................... 27272724
18.2 REPLACEMENT ............................................................................................................................................ 27272724
19. NON-DISCRIMINATION ................................................................................................................................... 28282824
20. PERSONNEL FILES ........................................................................................................................................... 28282824
21. EMPLOYEE PERFORMANCE EVALUATIONS - EMPLOYEE RESPONSE ................................................................ 28282824
22. RPEA OFFICERS ............................................................................................................................................... 28282825
23. SAFETY GEAR AND NECESSARY EQUIPMENT .................................................................................................. 28282825
INDEX ..................................................................................................................................................................... 32323228
Commented [A1]: Will need to be updated
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MEMORANDUM OF AGREEMENT
Pursuant to Government Code Section 3500 et. seq., the Rohnert Park Employees’ Association (RPEA)
and representatives of the City of Rohnert Park have met and conferred and hereby submit their joint
recommendations for compensation and benefit adjustments for represented members of the RPEA.
1. Hours of Work
1.1 Regular Workweek for Employees
The regular workweek for all employees shall consist of consecutive workdays. By mutual
agreement of an employee and his/her supervisor, workdays may be other than those
defined in this section.
1.2 Regular Workday for Employees
The regular workday for employees shall consist of eight (8), nine (9), or ten (10) hours of
work as may be determined from time to time by mutual agreement of an employee and
his/her supervisor. By mutual agreement of an employee and his/her supervisor, hours
of work may be other than those defined in this section.
2. Overtime/Compensatory Time
2.1 Compensation Rate
Overtime compensation at the rate of one and one-half times the employee's regular
hourly rate shall be paid for all hours worked;
(a) In excess of forty (40) hours in any work period.
(b) On any Saturday or Sunday, or Holiday as defined by this Agreement.
2.2 Maximum Compensatory Time
A maximum of eighty (80) hours of compensatory time off may be accrued by an
employee by mutual agreement of the employee and his/her supervisor.
2.3 Call Back Overtime
Employees, other than those in exempt positions, who are called back to work after
having left the work site, shall be entitled to a minimum of two (2) hours' pay at the
following overtime rates:
(a) All hours worked until midnight at time and one-half the base hourly rate.
(b) All hours worked after midnight at double time the base hourly rate.
(c) All hours worked on Thanksgiving Day, Christmas, and New Years Day shall be
paid at two (2) times the base hourly rate.
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2.4 Exempt Employees
Section 2.1-2.3 shall not apply to those positions that do not receive overtime pay. These
positions are exempt under the Fair Labor Standards Act. This list is subject to change due
to position reclassifications or the creation of new positions. Management shall meet and
confer with RPEA officers prior to making changes to this list.
2.5 Administrative Leave - Exempt Employees
The exempt employees in RPEA unit shall receive fifty (50) hours of Administrative Leave
on July 1, 2017 and each succeeding July 1st for the term of the contract. Up to twenty
(20) hours of unused Administrative Leave 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 succeeding June 1st
for the term of the contract. 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 succeeding June 30th for the term of the contract
shall be forfeited.
2.6 Declared Emergency Situations – Exempt Employees
Exempt employees, when working as disaster service workers, shall be eligible for
overtime for hours worked beyond forty (40) hours in a work week due to a City Council
declared emergency. Such pay is non-pensionable compensation. Overtime shall be
equivalent to the employee’s straight time pay at the time of accrual, and shall not be
accrued as compensatory time. Under no circumstances shall an exempt employee be
paid overtime except under the circumstances set forth in this provision, or as may be set
forth by the Rohnert Park City Council.
2.7 Stand-By Pay Eligibility
Employees that volunteer for stand-by will be designated/notified, in writing, by their
Department Head for a specific date(s) when business needs require a non-exempt
employee be placed on stand-by. No employee is authorized nor approved for stand-by
pay unless so designated.
2.8 Weeknight Stand-by Pay
Employees scheduled to be immediately available on weeknights (Monday through
Friday) shall be considered to be on weeknight stand-by duty and shall be paid at a flat
rate of $30.00 for each four shift while on stand-by duty and available to handle calls.
2.9 Weekend and Holiday Stand-by Pay
Employees scheduled to be immediately available on weekend and holiday stand-by
duty shall be considered to be on stand-by duty and shall be paid at a flat rate for a
twenty-four hour period. The rate will be $30.00 for each four-hour shift.
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2.10 Stand-by/Call-out Minimum Pay
Employees called out while on stand-by duty shall receive compensation as specified in
section 2.3.
3. Holidays
3.1 Observed Holidays
Employees will receive the following twelve and one-half (12½) holidays annually. For
each holiday, employees shall receive 8 hours of holiday pay. Employees with alternate
schedules that include shifts in excess of 8 hours will only receive 8 hours of holiday pay.
Employees will supplement paid holiday with accrued leave time to account for holiday
absences. Employees with alternate schedules that include shifts less than 8 hours which
fall on an observed holiday shall use the excess paid holiday time within the same pay
period. Employees with alternate schedules who are not scheduled to work when a
holiday falls shall use the paid holiday time within the same pay period. Employees
covered by this section shall not be denied the use of paid holiday time during the pay
period in which the holiday occurs.
“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 (a total of four paid holiday
hours)
“Christmas Day”, December 25
“New Year's Day”, January 1
The third Monday in January, "Martin Luther King, Jr. Day"
Friday preceding "President's Day”
The third Monday in February, "President's Day”
The last Monday in May, "Memorial Day"
3.2 Proclaimed Holidays
Every day proclaimed by the President, Governor or Mayor of the City as a public holiday
and made applicable to City employees.
3.3 Day of Mourning or Special Observance
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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3.4 Holidays for Regular Part-time Employees
If a scheduled or observed holiday falls on a regularly scheduled day off of a part-time
employee, the part-time employee shall be entitled to the prorated number of holiday
hours, which may be taken as time off in the pay period in which the holiday falls.
3.5 Floating Holiday
In addition to the recognized holidays identified in Section 3.1, each eligible employee
shall be allocated one 1 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. New eEmployees hired between July 1 and December 31
will receive 8 hours of floating holiday time in the fiscal year in which they were hired.
New eEmployees 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
on (1) a workday within the same pay period as the employee’s birthday; (2) a workday
immediately preceding a City observed holiday; or (3) a workday immediately following a
City observed holiday. 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.
4. Annual Leave Program
4.1 Accrual
Effective July 1, 2011 employees shall accrue monthly the following Annual Leave:
Length of Service
as a Full-time Employee
Monthly
Annual Leave Hours
Yearly
Annual Leave Hours
0 to 2 years 12.67 Hours 152 Hours
3 to 5 years 14 Hours 168 Hours
6 to 10 years 16 Hours 192 Hours
11 to 15 years 18 Hours 216 Hours
16+ years 19.33 Hours 232 Hours
4.2 Residual Accrued Sick Leave
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
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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.
4.3 Annual Leave Administration
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 there is a demonstrable pattern of abuse.
(a) Accrual Cap
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 500
hour annual leave cap.
(b) Cash Out
Accumulated annual leave shall be converted to cash upon separation from City
service.
(c) Seniority Preference
Preference for leave scheduling will be on the basis of seniority within classification
and/or as has been past practice.
4.4 Short Term Disability
The City will provide a short-term disability insurance program which includes income
replacement of 60% and benefits coordination to employees.
5. 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 m ilitary duty as soon as he/she
becomes aware of his/her obligation.
6. Other Fringe Benefits
6.1 Fringe Benefit Programs
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 regarding
same.
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All benefits provided under this section (Section 6) are subject to the characteristics of
each individual benefit program.
The value or availability of the benefits provided in this Agreement as originally worded
or as amended from time-to-time may depend on their tax treatment by the State or
Federal government or the decisions of other government agencies or departments, such
as, but not limited to, the Public Employees' Retirement System. 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 Agreement are limited to the direct cost of
providing the salary and benefits as described in this Agreement. The City shall have no
additional financial obligation, even if the tax or other treatment of such salary or benefits
by other agencies or departments reduces or eliminates their value to the employee.
(a) The City will continue all employee benefits and pay the appropriate premiums,
as specified in the applicable section(s) of this agreement, due for an employee
out on an authorized leave while an employee is being compensated by accrued
annual leave time (see Annual Leave section 4 above), compensatory time,
industrial leave time and/or non-industrial leave time In accordance with
applicable law.
(b) Employee may continue certain employee benefits during an authorized leave
without pay for the period of the authorized leave by making payment to City for
said benefits.
(c) If there is any inconsistency between this section and the Personnel Rules and
Regulations, the Personnel Rules and Regulations shall govern.
6.2 Catastrophic Leave
Leave benefits shall be provided as outlined in the Amended Catastrophic Leave Program,
a copy of which is attached hereto, approved by City Council Resolution No. 201701-
109270 adopted August 22, 2017December 11, 2001.
6.3 California Family Rights Act and Family Medical Leave Act
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.
6.34 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.
The City and the employee shall have an interactive process meeting upon receipt of the
request, unless the City intends to grant the employee’s request and finds that an
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interactive process is not needed. Such assignments shall be temporary. They may
involve duties that differ from the normal work duties of the employee.
6.5 Americans with Disabilities Act
The City and RPEA 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).
6.46 Payment to Beneficiary
Upon death of an employee, any unused Annual Leave and compensatory time shall be
paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or
beneficiary, any unused Annual Leave 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.
6.57 Insurance Coverage
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. These provisions will remain in effect during the term of the
agreement unless the parties by mutual agreement agree to different insurance coverage
including “cafeteria” style benefits plan.
(a) Health Insurance
The City shall offer employees and their eligible dependents, a health insurance
program under the terms set forth below:
i) For the term of this agreement employees will have a choice of Kaiser Permanente
(Traditional $20 Co-Pay Plan, Traditional $40 Co-Pay Plan and HSA); REMIF Self
Insured Plans, (Traditional $250 and $500 Deductible Plans and HSA); Sutter
Health Plans, 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
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
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Enrollment Level 2021
(Effective
July 1, 2021
or the date of
Council
approval of
the MOA,
whichever is
later)
2022
(Effective
July 1, 2022)
2023
(Effective
July 1, 2023)
2024
(Effective July
1, 2024)
Employee Only (Single) $561.80 $578.65 $596.01 $613.89
Employee + 1 (Two
Party)
$1,123.60 $1,157.31 $1,192.03
$1,227.79
Employee + 2 (Family) $1,590.00 $1,637.70 $1,686.83 $1,737.44
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) 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.
(c) 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
provisions of Article 6.7 to be out of compliance with law, the parties agree to re-open Article 6.7 in order
to meet and confer over such impacts.
6.68 Alternate Benefit
Employees who opt out of medical coverage are eligible to receive an alternate benefit in
the amount of $400$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. The employee is not required to have coverage through a group health
plan outside the City to be eligible.;
2. The employee must provide the City with proof of and attestati on 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.
6.79 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 Understanding. 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 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) Eighty-five percent (85%) of the cost of 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
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subject to the limitation of section (v) above and a one thousand five hundred
dollar ($1,500) lifetime maximum orthodontic benefit per person.
6.810 Vision Coverage
The City shall offer employees and their eligible dependents, a vision insurance program
under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases during the term
of this Understanding. 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 benefits summarized above.
6.911 Adoption Benefit
That the City provides a six hundred dollar ($600) per child cash benefit to employees
adopting minor children to help offset the cost of adoptions.
6.102 Bereavement Leave
(a) A regular employee shall be paid up to three (3) days of bereavement leave when
there is a death in their immediate family.
(b) Additionally, a regular employee may, subject to approval of the supervisor, use
two (2) additional days of the employee’s residual accrued sick leave if the
employee must travel out of the area, i.e. at least two hundred and fifty (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,
grandparent-in-law, grandchildren and relationships in loco-parentis and close
personal relationships, with the approval of the City Manager or his/her designee.
6.113 Funeral Expense 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.
6.124 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
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(66 2/3%) of the employee's monthly base pay with a maximum benefit of five thousand
three hundred and thirty three dollars ($5,333). In no event shall the employee receive
more than full salary. The benefits provided under this section are subject to the
characteristics of the individual program.
(a) The waiting period for the above long-term disability benefits plan shall be ninety
(90) days.
6.135 Life Insurance Coverage
(a) The City will provide, at no premium cost to employees, fifty thousand dollars
($50,000) life insurance coverage provided to employees and one thousand
dollars ($1,000) 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.
6.146 Deferred Income Providers
The City will continue to make available to the employees a deferred income program,
now being administered by Nationwide and MissionSquare RetirementICMA or a similar
program with another institution acceptable to City.
6.157 Retired, Deceased and/or Permanently and Totally Disabled Employees
This Section 6.17 (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
RPEA 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
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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 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 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.
(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.
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(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.
6.168 Education and Training Reimbursement
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 accredited
educational institution (including an online or trade school) acceptable to the City. All
courses or classes for which reimbursement will be requested must be previously
approved by the Supervisor 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.
6.179 Longevity Pay
For regular employees hired before 10/10/95, the City shall provide longevity pay as
described below based on continuous years of service, Continuous years of service are
defined as being continuous regular full-time or regular part-time City employment. Part-
time no 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 voi d any previous accrual
towards length of continuous service) for the purpose of this section.
Completed years Pay Percentage
of Service Increases
5 years 2%
For each completed year thereafter 1/2%
The maximum longevity pay percentage to be paid shall be ten percent (10%) of base pay.
The "completed years of service" will be determined on January 1st and July 1st only and
not on an employee's employment anniversary date. For employees hired after
10/10/95, the longevity program as outlined above does not apply.
6.1820 Educational Incentive Pay
For regular employees hired after 10/10/95, who are not eligible for longevity pay as
outlined in Section 6.20, a monthly Educational Pay Stipend of $50 shall be provided for
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a Master of Science (MS) or Master of Arts (MA) or other Master degree in any major
course of study, awarded by an accredited college or university. This monthly stipend
shall be paid out equally per pay period. In no event shall an employee be paid for more
than one degree. The Stipend payments are authorized only for degrees from an
accredited college or university, and a copy of the degree must be provided for validation
and approval of payment.
6.1921 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.
Beginning August 1, 2011, employees shall contribute 100% of the required member
contribution.
i. The City will continue to provide the "one-year highest compensation" optional
provision in its contract with CalPERS.
ii. 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
i. 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.
ii. 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.
iii. 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).
(c) The City makes no representation concerning the value of this benefit or how it may
be taxed or treated by other agencies both presently and in the future. The City’s
obligation under this section is limited to the direct cost of providing the benefit as
described. The City shall assume no further or additional financial obligations even if
an outside agency imposes or determines there to be a financial obligation for the City
or the employee.
(d) Benefits provided are subject to CalPERS regulations and relevant law.
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6.202 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.
6.213 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.
6.224 Hearing Aid Benefit
The City will reimburse employees up to eighty percent (80%) with a lifetime maximum
of nine hundred dollars ($900.00) for medically required hearing aid devices.
6.23 Paid Parental Leave
(a) Eligibility
Effective July 1, 2021, and for the term of this MOA, for eligible events that occur
on or after Council approval of this MOA, any permanent full-time employee
who has been continuously employed by the City for at least twelve (12) months
prior to the start of the leave shall be eligible for Paid Parental Leave (PPL) to use
within six (6) months of the following eligible events:
Birth of a child of the employee, the employee’s spouse, or the
employee’s domestic partner; and
Placement of a child with the employee’s family for adoption or foster
care.
For the purpose of PPL, the definition of “parent” and “child” are as defined by
the California Family Rights Act. Proof of birth, adoption placement must be
provided before an employee can be paid for PPL, and must be submitted within
thirty (30) calendar days to the first use of the leave.
(b) Requesting PPL
Employees must submit a written request to Human Resources and notify their
supervisor of their intent to take PPL at least thirty (30) calendar days prior to
the first use of the PPL. If an eligible event is not foreseeable at least thirty (30)
calendar days in advance, a written request must be submitted to Human
Resources and notice must be provided to the employee’s supervisor as soon as
practicable.
(c) Benefit and Use
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Eligible employees shall be granted one hundred and twenty (120) 80 PPL hours
to use within six (6) months of the eligible event for the purposes of bonding.
PPL is based on a six (6) month rolling calendar. No more than one hundred and
twenty (120) PPL hours may be used in any six (6) month period. An employee
does not need to use PPL in one block. PPL can be taken intermittently or on a
reduced work schedule. Non-exempt employees must take PPL in one (1) hour
increments and exempt employees must take PPL in full day increments.
Employees may not cash out PPL. Any unused PPL will be forfeited at the end of
the rolling six (6) month period or upon separation of employment.
PPL is based on the employee’s regular monthly salary (base salary plus regularly
occurring premiums/incentives). It is considered “paid status” for the purpose of
merit, seniority, premiums, annual and sick leave accrual, and City benefit
eligibility and contributions.
(d) Protections
Use of PPL shall not be cause for an employee to lose his/her current assignment
on a permanent basis; however, assignments may be altered to accommodate
the employee’s or department’s operational needs when working a reduced
work schedule.
Upon return from PPL, employees will be restored to their original or equivalent
position with equivalent pay, benefits, and other benefits.
(e) PPL Review Process
The City and RPEA agree to meet to discuss any unanticipated issues that arise,
including administrative and legal issues.
7. Agency Shop and Payroll Deduction
7.1 Organization Security
City recognizes RPEA as the exclusive representative for the following regular full-time
and regular part-time classifications listed in Attachment “A” of this MOU.
7.2 Payroll Deductions
The City shall rely on a written certification from RPEA requesting a deduction or
reduction from employees’ salaries or wages confirming that RPEA has and will maintain
individual signed employee authorizations affirmatively consenting to dues deductions
that meet the requirements of State and federal law. After providing the required
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certification, RPEA shall not be required to provide a copy of individual authorizations to
the City unless a dispute arises about the existence or terms of the authorizati on.
Based on the certification from RPEA described above, the City shall deduct, per pay
period, the amount of regular and period dues, service fees, insurance premiums, COPE
and any other Union-sponsored program as specified by RPEA. RPEA will provide the
City with information regarding the amount of any payroll deductions and the list of
member employees who have affirmatively consented to or authorized such
deductions.
The payroll deductions, together with a written statement of the names and amounts
deducted, shall be transmitted to RPEA through electronic funds transfer no later than
thirty (30) days after the deductions from the employee’s earnings occur.
The unit member’s earnings must be sufficient, after all other required deductions are
made, to cover the amount of the payroll deductions authorized by this Section. When
a unit member is in a non-pay status for an entire pay period, no withholdings will be
made to cover that pay period from future earnings nor will the unit member deposit
the amount with the City which would have been withheld if the unit member had been
in pay status during that period. If a unit member is in a non-pay status during a part of
the pay period, and that unit member’s salary is not sufficient to cover the fu ll
withholding, the City shall not conduct payroll deductions on behalf of that employee. In
this connection, all other required deductions have priority over the payroll deductions
and unit member organization deduction.
7.3 Change or Cancellation of Deductions
Dues deductions may be revoked only pursuant to the terms of the employee’s
written authorization. Requests to change or cancel deductions shall be directed to
RPEA rather than the City. In the event that the City receives an employee’s request
to cancel or chance deductions, the City shall direct the request to RPEA. The City
shall rely on information provided by RPEA regarding whether deductions for RPEA
were properly canceled or changed. The City shall apply any changes or modifications
to the authorized payroll deductions in the first full pay period after receiving notice
from RPEA.
7.4 Indemnification
RPEA shall indemnify, defend, protect, and hold harmless the City and its elected and
appointed officials, officers, employees, officers an d agents (collectively hereafter the
“Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines,
penalties, claims, demands, suits, actions, causes of action, judgments, costs and
expenses (including, but not limited to, reasonable attorneys’ fees and court costs)
arising from the application of Sections 8.2 and 8.3, including, but not limited to, any
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claims made by any member employees for the membership dues deductions the City
made in reliance on RPEA’s certification, and any claims made by any member
employees for any deduction cancellation or modification the City made in reliance on
the information provided by RPEA Further, RPEA shall refund to the City any amounts
paid to it in error upon presentation of supporting evidence.
7.5 Bargaining Unit Member Contact Information
To the extent required by Government Code Section 3558, the City shall provide RPEA
with a list of names and contact information (listed below) for any newly hired unit
member within 30 days of the date of hire or by the first pay period of the month
following hire. The City shall also provide RPEA with a list of all unit member names and
contact information on the last working day of September, January, and May. The
information shall include the following information except for any information subject
to exclusion pursuant to Government Code Section 6254.3(c):
Employee name;
Job title;
Department;
Work location;
Home address; and
Work, home and personal telephone numbers and personal email addresses on
file with the City.
7.1 Agency Shop
The RPEA members have approved agency shop pursuant to California Government Code
3502.5 (c).
a) It is recognized that RPEA owes the same responsibilities to all employees in the
representation unit, and has a duty to provide fair and equal representation to all
employees in all classes.
b) Pursuant to Government Code Section 3502.5 (c), all current employees in the
representation unit , shall, as a condition of continued employment, and beginning
with the second full pay period after the effective date of this agreement, and until
the termination of the Agreement, either:
i. Become a member of RPEA; or
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ii. 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 pay a sum equal to the agency fee described below to a non-
religious, non-labor charitable fund chosen by the employee. The employee shall
furnish written proof to the City and RPEA that this contribution has been made.
c) 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 first full pay period following the return of the
employee to the representation unit. The term separation includes transfer out of the
unit, layoff, and leaves of absence with a duration of more than two full pay periods.
The condition of employment specified above shall not apply to newly hired
employees until the beginning of the third full pay period of employment.
d) All represented employee members who had Association dues deduction
authorizations on file with the Auditor-Controller or the Association, or who may
thereafter authorize in writing the deduction of their dues, shall remain on payroll
deduction for the term of this Memorandum of Agreement or so long as they are
members of the representative units. Members may terminate payroll deductions of
dues at the expiration of this Memorandum of Agreement by giving written notice to
RPEA during a one-month period between ninety (90) and sixty (60) days prior to the
expiration of the term.
7.2 Listing of Deductions
The RPEA 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 RPEA in writing.
The Association will give the City at least thirty days advance written notice of any changes
in the amount of dues and agency fees to be deducted these amounts. In addition, RPEA
shall refund to the City any amounts paid to it in error upon presentation of supporting
evidence. RPEA will hold the City harmless for any liability or errors resulting from errors
on the listing provided by RPEA.
7.3 Hold Harmless
RPEA 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.
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8. Salaries & Miscellaneous Pay
8.1 Salary Adjustments
(a) Effective the first day of the first full pay period following the date of Council
approval of this MOAApril 25, 2017 (or the first day of the first full pay period after
Council approval of this Agreement, if later), all members shall receive a five and
one half percent 3.5(5.5%) increase to their base salary.
(b) Effective the first day of the pay period that includes July 1, 20222018 all members
shall receive a two and one half percent (2.5%)2% increase to base salary.
(c) Effective the first day of the pay period that includes July 1, 202319 all members
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, 20240 all members
shall receive a three percent (3%) increase to base salary.
8.2 Bilingual Pay
The City and the RPEA have agreed that special compensation shall be given to certain
employees in the RPEA bargaining unit who possess bilingual skills. The City shall establish
an evaluation process for designating and certifying eligibility for bilingual pay. Testing
for employees eligible for bilingual pay will be scheduled by the Director of Human
Resources. WThat is, when the City designates a position or person as bilingually
proficient, such an employee in the designation shall first demonstrate a language
proficiency of job-related terminology acceptable to the Supervisor and the City Manager.
Thereafter, the employee shall be entitled to bilingual pay at the rate of $100 per month,
to be paid out equally per pay period. Said employee shall be subject to re-testing at the
request of the Director of Human Resources. Bilingual designation shall be at the sole
discretion of the City.
8.3 Paychecks
The City shall directly deposit wages to a bank, saving or loan, or credit union account of
the employee’s choice unless the employee expressly opts out of direct deposit by
providing written notice to the Human Resources department. When the City acquires the
technology to do so, tThe City may distribute paychecks/Aautomatic dDeposit nNotices
to employees electronically on each payday. For eEmployees requesting a physical
paycheck, the City will send it by mail prior to the may pick it up on break or lunchtime at
the City Hall front counter on payday.
8.4 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.
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8.5 COVID-Related Impacts Recognition Payment
If a successor MOA between RPEA and the City is approved by the Council on or before
to July 1, 2021, then each employee shall receive a one-time, off salary schedule, COVID-
Related Impacts Recognition Payment in the amount of $1,000.00. The COVID-Related
Impacts Recognition Payment is compensation that shall not be added to the
employee’s base pay, nor used for CalPERS retirement calculations. The payment shall
be subject to required state and federal taxes.
9. Alcohol and Drugs
The City and RPEA agree to continue to work together to assist any employee who has an alcohol,
or 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 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.
9.1 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.
9.2 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.
9.3 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 or annual leave.
10. Smoking
The City intends to hire employees with the clearly expressed condition of employment that they
refrain from smoking and vaping.
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11. Grievance Policy and Procedure
City will comply with the grievance procedure as outlined in Resolution No. 2018-07979-22,
adopted June 12, 2018February 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.
12. Use of City Facilities
Employees and their spouse, domestic partner, and eligible dependents (as defined in IRS Fact
Sheet FS-2005-7), 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 12. 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.
13. Management Rights
Except as limited in this Agreement and applicable State laws, the exclusive rights of the Ci ty 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 Agreement; to direct its employees and establish employee performance
standards and to require compliance therewith; to take disciplinary action; to discharge, suspend,
reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline
employees subject to the requirements of applicable laws; to lay off its employees whenever
their positions are abolished, or whenever necessary because of lack of work or lack of funds, or
other legitimate reasons; to determine whether goods or services shall be made, purchased, or
contracted for; to determine the methods, means, and numbers and kinds of personnel by which
the City's services are to be provided; including the right to schedule and assign work and
overtime; and to otherwise act in the interest of efficient service to the City; and to take all
necessary actions to protect the public and carry out its mission in emergencies.
14. Work Curtailment (No Strike Clause)
Under no circumstances shall any employee individually or collectively cause, sanct ion, 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 Agreement.
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15. Personnel Rules and Regulations
City agrees to meet and confer with RPEA on any updates or changes to the Personnel Rules &
Regulations.
16. 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. RPEA 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 side letter between
the parties is required to be signed by an authorized representative of RPEA and the City Manager
or his or her designee.
17. Term of Agreement
This Agreement shall become effective upon Council approval of the MOA on April 30, 2017
through June 30, 20251 unless extended by mutual agreement of the parties.
18. Succeeding Agreement
Negotiations for the period commencing July 1, 2021 shall begin on or before February 1, 2021,
by which time RPEA shall submit its proposals to the City Manager. Said submittal shall include
an estimated percentage decrease or increase in the cost of same compared to the provisions of
this Agreement. City shall, if requested, assist RPEA in a reasonable manner in providing
information to determine the percentage increase.
18.1 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.
18.2 Replacement
In the event of suspension or invalidation of any article or section of this Agreement, City
agrees, that except in an emergency situation, to arrive at a satisfactory replacement for
such article or section.
MOA-Rohnert Park Employees’ Association April 30, 2017June __, 2021 through June 30, 20251 Page
28
19. Non-Discrimination
City acknowledges that in receiving the benefits afforded by this Agreement, no person shall in
any way be favored or discriminated against to the extent prohibited by law.
20. Personnel Files
An employees or his/her duly authorized representative has the right to inspect his or her
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.
21. Employee Performance Evaluations - Employee Response
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.
22. RPEA Officers
The City agrees to authorize RPEA Officers up to forty (40) hours of paid leave per fiscal year to
be used only for Association business. The forty (40) hours of leave is the total amount in
aggregate and may be distributed among RPEA Officers. Officers shall notify and secure
permission from their supervisor for such leave.
23. Safety Gear and Necessary Equipment
The City will provide members who are required to work in the field during inclement weather
or to use specific safety equipment during the performance of their duties with the following
items as deemed by the City to be appropriate for the position: hard hat, safety vest, rain jacket
and rain boots. Any items furnished by the City shall remain the property of the City.
CITY OF ROHNERT PARK ROHNERT PARK EMPLOYEES’ ASSOCIATION
Darrin Jenkins, City Manager DATE Angie Smith, Board Official DATE
Christopher MorganJason Sampietro, Board
Official DATE
Dennis Wallach, RPEA Representative DATE
MOA-Rohnert Park Employees’ Association April 30, 2017June __, 2021 through June 30, 20251 Page
29
By:
Jake MackenzieGerard Giudice, Mayor
Resolution Number:
Attest:
_______________________________________
JoAnne BuerglerSylvia Lopez Cuevas, City Clerk
Approved As To Form:
__________________________________________
Michelle Marchetta Kenyon, City Attorney
MOA-Rohnert Park Employees’ Association April 30, 2017June __, 2021 through June 30, 20251 Page
30
The following are incorporated in this Agreement by reference:
Listing of RPEA job classes (Attachment “A”)
City Council Resolution No. 2018-079, adopted February 13, 1979June 12, 2018 - Grievance Policy
and ProcedureEmployee Complaint Resolution Procedure.
City Council Resolution No. 80-140, adopted August 11, 1980 - Regular P/T Employees’ Fringe
Benefits.
City Council Resolution No. 2001-2702017-109, adopted December 11, 2001August 22, 2017 –
Amended Catastrophic Leave Program
City's Personnel Rules & Regulations
MOA-Rohnert Park Employees’ Association April 30, 2017June __, 2021 through June 30, 20251 Page
31
CITY OF ROHNERT PARK
Attachment “A”
Alphabetical List of RPEA Job Titles
April 14, 2017
ACTIVE/BUDGETED
Accountant
Accounting Specialist I/II
Administrative Assistant
Animal Health Technician
Animal Shelter Supervisor*
Building Official*
Civil Engineer*
Code Compliance Officer
Community Development Assistant
Community Services Manager*
Community Services Program Coordinator I/II
Community Services Supervisor
Crime Analyst
Environmental Coordinator*
Fire Inspector (Reg, P/T)
Information Systems Analyst*
Information Systems Operations Mgr.*
Information Systems Technician I/II
Management Analyst*
Office Assistant I
Planner I/II
Project Coordinator*
Property Technician
Public Safety Records Clerk
Public Works Inspector
Purchasing Agent
Property and Records Supervisor*
Secretary I
Senior Engineering Technician
Technical Director
Theatre Manager*
*FLSA exempt job class.
INACTIVE/OBSOLETE OR NON-BUDGETED
Accountant/Auditor
Accounting Technician
Administrative Analyst*
Administrative Secretary
Animal Shelter Technician
Assistant Civil Engineer
Associate Planner
Building Inspector
Community Services Specialist
Customer Service Representative
Deputy Chief Building Official
Engineering Technician I
Engineering Technician II
Evidence Specialist
Housing & Redevelopment Assistant
Housing & Redevelopment Manager
Housing & Redevel. Project Manager
Housing Services Assistant
Office Assistant II
Performing Arts Specialist
Planner III
Project Manager
Public Safety Records Technician
Purchasing Assistant I
Purchasing Specialist
Records Clerk/Office Assistant I
Secretary II
Secretary II/Community Development Assistant
Senior Account Clerk Utilities
Utility Billing and Revenue Supervisor*
Utility Services Specialist
Youth Services Specialist
MOA-Rohnert Park Employees’ Association April 30, 2017June __, 2021 through June 30, 20251 Page
32
INDEX
A
Administrative Leave - Exempt Employees · 5
Adoption Benefit · 12
Agency Shop and Payroll Deduction · 18
Alcohol Off-Duty Hours · 21
Alcoholic Beverages and Other Drugs · 21
Alphabetical List of RPEA Job Titles · 27
Alternate Benefit · 11
Americans with Disabilities Act · 9
Annual Leave Program · 6
B
Bereavement Leave · 12
Bilingual Pay · 20
C
California Family Rights Act · 9
Call Back Overtime · 4
Catastrophic Leave · 9
D
Deferred Income Providers · 13
Dental Coverage · 11
Dependent Care Assistance Program · 18
Disability Wage Program · See Annual Leave Program
E
Education and Training Reimbursement · 16
Educational Incentive Pay · 17
Employee Performance Evaluations
Employee Response · 24
F
Family Medical Leave Act · 9
FLSA exempt job class · 27
Fringe Benefit Programs · 8
Funeral Expense Benefit · 13
G
Grievance Policy and Procedure · 21
H
Health Care Tax-Free Dollar Account Program · 18
Health Insurance · 10
Hearing Aid Benefit · 18
Holidays · 5
Observed Holidays · 5
Holidays for Regular Part-time Employees · 6
Hours of Work · 4
L
Life Insurance Coverage · 13
Light or Limited Duty · 9
Longevity Pay · 16
Long-Term Disability Insurance · 13
M
Management Rights · 22
Maximum Compensatory Time · 4
Military Leave · 8
Modified duty · See light or limited duty
N
Non-Discrimination · 23
O
Observed Holidays · 5
Overtime Compensation Rate · 4
P
Paychecks · 20
Payment to Beneficiary · 9
Personnel Files · 24
Personnel Rules and Regulations · 22
Prescription Drugs · 21
MOA-Rohnert Park Employees’ Association April 30, 2017June __, 2021 through June 30, 20251 Page
33
R
Regular Part-time Employees
Holidays · 6
Regular Workday for Employees · 4
Regular Workweek for Employees · 4
Retirement Programs · 17
RPEA Officers - Leave · 24
S
Salaries & Miscellaneous Pay · 20
Short-term disability insurance · 7
Sick Leave · See Annual Leave Program
Smoking · 21
Sports Center · See Use of City Facilities
Succeeding Agreement · 23
Suspension of Agreement · 23
Swimming pools · See Use of City Facilities
T
Term of Agreement · 23
Effective Date · 23
Termination Date · 23
U
Use of City Facilities · 22
V
Vision Coverage · 12
Commented [A2]: Will need to be updated
EXHIBIT B
SJ - San Jose #4847-2868-7594 v1
CITY OF ROHNERT PARK & RPEA 2021 MOA NEGOTIATIONS
TENTATIVE AGREEMENT SUMMARY
MAY 20, 2021
Proposal
No.
Topic MOA
Section
Tentative Agreement
City #1 Dues Deduction 7 Modify Section 7 entirely to ensure legal compliance.
City #2 Floating Holiday 3.5 Tie the use of floating holidays to the following specific events:
(1) a workday within the same pay period as the employee’s
birthday; (2) a workday immediately preceding a City observed
holiday; or (3) a workday immediately following a City observed
holiday.
City #3 Paychecks 8.3 Change the default of how employees receive wages to direct
deposit.
City #4 Catastrophic Leave 6.2 Revise language so that it cites to the current version of the
catastrophic leave policy.
City #5 Unnecessary
Citations to Statutes
6.3 and
6.5
Remove provisions that merely cites to the law – Family Medical
Leave Act, California Family Rights Act, the Americans with
Disabilities Act, and the California Fair Employment and
Housing Act.
City #6 Grievance Policy and
Procedure
11 Revise language so that it cites to the current version of the
grievance policy.
City #7 Bereavement Leave 6.12 Change language so that an employee may use any accrued
leave, rather than just “accrued sick leave.”
City #8 Prescription Drugs 9.3 Change language so that an employee may use any accrued
leave, rather than just “accrued sick leave.”
City #9 Light or Limited Duty 6.4 Provide that the City will engage in the interactive process with
an injured employee requesting light or modified duty, unless
the City intends to grant the employee’s request and finds that
the interactive process is not needed.
City #10 Documents
Incorporated by
Reference
10 Update the list of documents incorporated by reference to the
MOA to reflect the current versions of policies and remove
programs that no longer exists.
City #11 Salary Adjustments 8.1 Increase base salary for each member by 3.5% effective the
first pay period following the date of Council approval of the
MOA.
2% base pay increase effective July 1, 2022.
2.5% base salary increase effective July 1, 2023.
3% base salary increase effective July 1, 2024.
SJ - San Jose #4847-2868-7594 v1
Proposal
No.
Topic MOA
Section
Tentative Agreement
City #12
City Contribution for
Health Insurance
6.7(a) Increase City contributions by 6% for first year and then by 3%
for each subsequent year of MOA.
Re-Opener to
Address Affordable
Care Act
Requirements or
Changes
6.7(c) Delete provision from MOA.
Alternate Benefits 6.8 Increase benefit amount provided to eligible employees who
those who opt out of medical coverage to $400 per month.
Educational Incentive
Pay
6.20 Modify language so that the $50 monthly stipend is paid out
equally per pay period.
Paid Parental Leave New
Section:
6.25
Provide eligible employees with 120 hours of paid parental
leave to be used within 6 months for the following eligible
events: (1) birth of a child of the employee, the employee’s
spouse, or the employee’s domestic partner; and (2) placement
of a child with the employee’s family for adoption or foster care.
City #13 Term of Agreement 17 4-year (first pay period of date of Council approval through June
30, 2025)
City #14 Bilingual Pay 8.2 Modify language to reflect current practice regarding
designating and certifying employees for bilingual pay.
City #15 COVID-Related
Impacts
New
Section:
8.5
Provide a one-time, off salary schedule, COVID-Related
Impacts Recognition Payment in the amount of $1,000 if a
successor MOA is approved by the Council on or before July 1,
2021.
RPEA Smoking 10 Add “vaping” to the provision.
RPEA Deferred Income
Providers
6.16 Modify to reflect ICMA’s new name, “MissionSquare
Retirement.”
EXHIBIT C
City of Rohnert Park
And
Rohnert Park Employees' Association
2021 Negotiations
SECTION 7. ORGANIZATION SECURITY
City proposes to replace "Section 7. Agency Shop and Payroll Deductions" in its entirety
with the following language:
7.Organization Security
7.1 Bargaining Unit Recognition
City recognizes RPEA as the exclusive representative for the following
regular full-time and regular part-time classifications listed in Attachment
"A" of this MOU.
7.2 Payroll Deductions
The City shall rely on a written certification from RPEA requesting a
deduction or reduction from employees' salaries or wages confirming that
RPEA has and will maintain individual signed employee authorizations
affirmatively consenting to dues deductions that meet the requirements of
State and federal law. After providing the required certification, RPEA
shall not be required to provide a copy of individual authorizations to the
City unless a dispute arises about the existence or terms of the
authorization.
Based on the certification from RPEA described above, the City shall
deduct, per pay period, the amount of regular and period dues, service
fees, insurance premiums, COPE and any other Union-sponsored
program as specified by RPEA. RPEA will provide the City with
information regarding the amount of any payroll deductions and the list of
member employees who have affirmatively consented to or authorized
such deductions.
The payroll deductions, together with a written statement of the names
and amounts deducted, shall be transmitted to RPEA through electronic
funds transfer no later than thirty (30) days after the deductions from the
employee's earnings occur.
The unit member's earnings must be sufficient, after all other required
deductions are made, to cover the amount of the payroll deductions
authorized by this Section. When a unit member is in a non-pay status for
City Proposal to RPEA
Proposal #1
Updated: April 20, 2021
S1 - San Jose 1/4826-6926-6918 vl
For RPEA
4 Dated:
Signed:
include the following information except for any information subject to
exclusion pursuant to Government Code Section 6254.3(c):
Employee name;
x Job title:
Department;
-4 Work location:
x Home address: and
x, Work, home and personal telephone numbers and personal email
addresses on file with the City.
Tentative Agreement
For the 99
Dated: d: Vi <Apt( C---•
Signed: 9/17/ 2.1
Si - San Just #4826-6926-6918 I
City of Rohnert Park
And
City Proposal to RPEA
Proposal #2
March 29, 2021
Rohnert Park Employees' Association
2021 Negotiations
SECTION 3.5 FLOATING HOLIDAYS
3.5 Floating Holiday
In addition to the recognized holidays identified in Section 3.1, each
eligible employee shall be allocated 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.
mployees hired between July 1 and December 31 will receive 8
hours of floating holiday time
mployees 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 he taken or \..../orkday within the 7-;a Me
peridd as the em .loyee's..birthday t immediately orecedino
City observed holiday: or i3) a workday immediately followinu a C.
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
Tentative Agreement
For the City
Dated:
Signed:
For RPEA
Dated:
Signed: --=
SJ - San Jose 0,18417.2587-6960 v
For RPEA
Dated:
Signed:
City Proposal to RPEA
Proposal #3
March 29, 2021 City of Rohnert Park
And
Rohnert Park Employees' Association
2021 Negotiations
SECTION 8.3 PAYCHECKS
8.3 Paychecks
1 uc.; shall directly deposit to a bank. saw' or I. or credit
union account of the employees choice unless the employee exixessiy
cots out of direct deposit by providing mitten notice to the Human
deoartment. When -the City a cquires the technol,--
he City r,"a'y' •=4h.Ei distribute cLIpavchecKs-Automatic :iDeposit otices to
employees electronically on •.-.:aq13 payday. Fur requesting a
physical paycheck. the Cttyriil send it by mail Qrior ti
break or lunchtime at the City front counter payday.
Tentative Agreement
For the City
Dated: . 1 Signed:t
Si - San Josc #4818-7637-0914 v I
For RPEA
Dated: ___
Signed:
City of Rohnert Park
And
City Proposal to RPEA
Proposal #4
March 29, 2021
Rohnert Park Employees' Association
2021 Negotiations
SECTION 6.2 CATASTROPHIC LEAVE
6.2 Catastrophic Leave
Leave benefits shall be provided as outlined in the Amended Catastrophic
Leave Program, a copy of which is attached hereto, approved by City
Council Resolution No. 20 73-1-109270 adopted i.)ecei-rit),-.
2-00 i AUCJUSL 22. 201
Tentative Agreement
Dated: t c
For the City r\
Signed: L"-t
Si - San Josv #4826•7020-8482 v I
)-L L
For the Ci
Dated:
Signed:
For RPEA 4}/2 i /
a.
Dated:___
Signed:
City Proposal to RPEA
Proposal #5
City of Rohnert Park
And
Rohnert Park Employees' Association
March 29, 2021
2021 Negotiations
SECTIONS 6.3 AND 6.5
CITATIONS TO STATUTES
6.3 Family-and Medical Leave
Employees-may-request --cave of absence Under the Cs,a;ito-rni-a
Family Rights Act (CFRA) and/or-the Federal Farrtily-Medical Leave Act
FIVILAL ReGti-fig and-r-p-edical.-teave -shall CO In W t h the
ilequi!.enlents of t CFRA and/of the -PALA.
Americans with -Disabilities-Act
The City-and REE-A-recogrt4e that-the-City has-an obIKiation tindE4r
to-comply-4Aittil the-America-n-s-with Disabilities-Art f.ADA and iiisai.;4ii-t
yovisions of the Califor nia Fair-Employment and HO(.1sing Act 17:EHA).
Tentative Agreement
Si San //-1853 21.15 2015
For the C4. ,h
Dated:
Signed:
For RITA
Dated:
Signed:
‘2,//2-/
City Proposal to RPEA
Proposal #G
March 29, 2021 City of Rohnert Park
And
Rohnert Park Employees' Association
2021 Negotiations
11. GRIEVANCE POLICY AND PROCEDURE
11.Grievance Policy and Procedure
City will comply with the grievance procedure as outlined in Resolution No.
adopted •-, 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
Tentative A greement
SJ San ii 17414)5:if) I
City Proposal to RPEA
Proposal #7
March 29, 2021 City of Rohnert Park
And
Rohnert Park Employees' Association
2021 Negotiations
6.12 BEREAVEMENT LEAVE
6.12 Bereavement Leave
(a) A regular employee shall be paid up to three (3) days of
bereavement leave when there is a death in their immediate family.
(b) Additionally, a regular employee may, subject to approval of the
supervisor, use two (2) additional days of the employee's residual
accrued sick leave if the employee must travel out of the area, i.e.
at least two hundred and fifty (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, grandparent-in-law, grandchildren and
relationships in loco-parentis and close personal relationships, with
the approval of the City Manager or his/her designee
Tentative Agreement
For the Cit Is•
Dated:
Signed:
For RPEA
Dated:
Signed:
ReAv-.60)-iL7('
SJ - San Jose 11.1550 5378 467,1 v
For the
Dated:
Signed:
City Proposal to RPEA
Proposal #8
March 29. 2021
City of Rohnert Park
And
Rohnert Park Employees' Association
2021 Negotiations
9.3 PRESCRIPTION DRUGS
9.3 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 &lel< or annual
leave.
Tentative Agreement
For RPEA
Dated:117.Z1/.2 /
Signed: 11-
S.I San lose #4849-8330-21 I 4 v I
For the q.
Dated:
Signed:
For R PEA
Dated:
Signed:
49-1
City of Rohnert Park
And
City Proposal to RPEA
Proposal #9
March 29, 2021
Rohnert Park Employees' Association
2021 Negotiations
SECTION 6.4 LIGHT OR LIMITED DUTY
6.4 Light or Limited Duty
Employees injured or ill from either on-the-job (industrial) or off-the-job (non-
industrial) causes may_,-a#410fe-Git0-sole-4scretion, be assigned to light,
limited, or modified duty. The City and the employee shall have an interactive
process meeting upon receipt of the request, unless the City intends to grant the
employee's request and finds that an interactive process is not needed. Such
assignments shall be temporary. They may involve duties that differ slightly
from the normal work duties of the employee.
Tentative Agreement
SJ • San Jose /14852,71594978 vl
For the (Ti
Dated: 1,-Y-twk„Lt
Signed:
City of Rohnert Park
And
City Proposal to RPEA
Proposal #10
March 29, 2021
Rohnert Park Employees' Association
2021 Negotiations
DOCUMENTS INCORPORATED BY REFERENCE
The following are incorporated in this Agreement by reference:
Listing of RPEA job classes (Attachment "A")
cc City Council Resolution No. 2018-07979-22, adopted February 1-3,---4-979June 12.
2018 -Grievance Pelic+-and Procedwe Employee Complaint Resolution
Procedure.
Currently under review-and subject to-change.
=----City-Counoi-l- Resolution-No. 80-4-40, adopted August 11,4980 -Regular P/T-
Etwiayeesl-F-Finge-Benefits.
c.c City Council Resolution No. 2001 2702017-109, adopted Decembe-r--1-1-,
2004-Auqust 22, 2017 — Amended Catastrophic Leave Program
City's Personnel Rules & Regulations
Tentati ye Agreement
For RPEA
Dated:
Signed:
- San Jose 114528-0865-6562
For RPEA
Dated:
Signed:
q A
City Proposal to RPEA
Proposal 411
City of Rohnert Park
And
Rohnert Park Employees' Association
2021 Negotiations
SECTION 8.1 SALARY ADJUSTMENTS
8.1 Salary Adjustments
May 19, 2021
(a) Effective the first day-Gf tho pay period-that i-121-ducics July-1-T-202-1-er the
first day of the first full pay period following the date of Council approval of
this MOArwhishever is latorApril-25T-2047-(iar-the-first day-of the I!:
pay period-after--Council--approval-of-this-Agreement, if later), all members
shall receive a 3.5-34% increase to their base salary.vhich is based-en
the following:
(i) - An-equity-adjustment of 1.5%; and
(ii)— A-Gost-of-living-adjustment-a five and one-half-percent
(5.5%) increase to their base salaryef-1.6%.
(b) Effective the first day of the pay period that includes July 1, 201-g-2022 all
members shall receive a two and one half per-Gent (2.5%) increase to base
salary.
(c) Effective the first day of the pay period that includes July 1, 202319 all
members shall receive a twsand-one-half percent (2.5 -.5%) increase to
base salary, unless the CU-P-1-1J-fe-r-Saa-FFaneisGe-Oakland Hayward,
February-readiag-e-xse-eds-3,5%7-would-i-ncre,ase the COLA-by 1--present.
(d) Effective the first day of the pay period that includes July 1, 202420 all
members shall receive a 3 2.25three percent--(3%) increase to base salary
unless-the CUP-'14.4-for-San -FranolE...co-Oalcland-Hayward, February reading
e-xcceds 3.5%7-would-increase the-COLA-by 1 present.
Tentative Agreement
For the City
Dated: sci IP4
Signed:-
SJ - San Jose 114831-5312.5097 v 1
City Proposal to RPEA
Proposal #12 - updated
May 19, 2021 City of Rohnert Park
And
Rohnert Park Employees' Association
2021 Negotiations
SECTION 6. OTHER FRINGE BENEFITS
6.Other Fringe Benefits
6.7 Insurance Coverage
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.
These provisions will remain in effect during the term of the agreement
unless the parties by mutual agreement agree to different insurance
coverage including "cafeteria" style benefits plan.
(a) Health Insurance
The City shall offer employees and their eligible dependents, a health
insurance program under the terms set forth below:
i) For the term of this agreement employees will have a choice of Kaiser
Permanente (Traditional $20 Co-Pay Plan, Traditional $40 Co-Pay Plan
and HSA); REMIF Self Insured Plans, (Traditional $250 and $500
Deductible Plans and HSA); Sutter Health Plans, 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.
Enrotimentlevel
Em lo ee Onl Si le
711116
613048
Employee + 2 (Family)400
SJ - San Jose #4851-1730-5321 v I
Enrollment Level
2021
(Effective July 1,
2021 or the date of
Council approval of
the MOA,
whichever is later)
2022
(Effective July
1, 2022)
2023
(Effective July
1, 2023)
2024
(Effective July
1. 2024)
Employee Only (Single) $561.80 $578.65 $596.01 $613.89
Employee + 1 (Two Party) $1,123.60 $1,157.31 $1,192.03 $1,227.79
Employee + 2 (Family) $1,590.00 $1,637.70 $1,686.83 $1,737.44
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.
v) 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)--Rate-Adjustment
if-t-he-health-ip-suranse-rates7-as-determined in 6.7(a)ii), in all plans,
etur-ing-the--F-Y-2-G23-aR20247-RP-E-A-will-asswne-Fespensibility-fef
any-rate increase-above 5% and the City shall be responsible for,
up to 5%.
(b)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
SJ - San Jose #4851-1730-5321 vi
147-duFing-the-ter-m-of-thls-Agreement,the-legal-FewiFements-ef
the Affordable Caro Act, or its successor, have an impact on City
F40ts-an421-abligatiens-recjar-cling-heaIth-benefits-fer--Gity
employees that cause the provisions of Article 6.7 to be out of
eemplia-nee-wit-h-lawr-th-e-paFtle-s-ag-Fee4e-r-e-ape-n--Article-6-.-7--144
Of-def-te-meet-an-el-Geafer-over-S-UGh-i-mpa-Gts,
6.8 Alternate Benefit
Employees who opt out of medical coverage are eligible to receive an
alternate benefit in the amount of $400$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 deduction for the taxable plan year to which the opt out
payment applies. The employee is not required to have coverage
through a group health plan outside the City to be eligible.;
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.
6.20 Educational Incentive Pay
For regular employees hired after 10/10/95, who are not eligible for longevity
pay as outlined in Section 6.20, a monthly Educational Pay Stipend of $50
shall be provided for a Master of Science (MS) or Master of Arts (MA) or
SJ - San Jose #4851.1730-5321 vl
other Master degree in any major course of study, awarded by an accredited
college or university. This monthly stipend shall be paid out equally per pay
period. In no event shall an employee be paid for more than one degree. The
Stipend payments are authorized only for degrees from an accredited college
or university, and a copy of the degree must be provided for validation and
approval of payment
[New Section]
6.25 Paid Parental Leave
(a)Eligibility
Effective July 1, 2021, and for the term of this MOA, for eligible
events that occur on or after Council approval of this MOA, any
permanent full-time employee who has been continuously
employed by the City for at least twelve (12) months prior to the
start of the leave shall be eligible for Paid Parental Leave (PPL) to
use within six (6)twelve (12) months of the following eligible events:
• Birth of a child of the employee, the employee's spouse, or
the employee's domestic partner; and
• Placement of a child with the employee's family for adoption
or foster care.
For the purpose of PPL, the definition of "parent" and "child" are as
defined by the California Family Rights Act. Proof of birth, adoption
placement must be provided before an employee can be paid for
PPL, and must be submitted within thirty (30) calendar days to the
first use of the leave.
(b) Requesting PPL
Employees must submit a written request to Human Resources and
notify their supervisor of their intent to take PPL at least thirty (30)
calendar days prior to the first use of the PPL. If an eligible event is
not foreseeable at least thirty (30) calendar days in advance, a
written request must be submitted to Human Resources and notice
must be provided to the employee's supervisor as soon as
practicable.
(c) Benefit and Use
Si - San Jose N4851-1730-5321 v I
Eligible employees shall be granted one hundred and twenty (120)
60-PPL hours to use within six (6)twelve4-1-23 months of the eligible
event for the purposes of bonding.
PPL is based on a six (6)tweive-(-1-2-) month rolling calendar. No
more than one hundred and twenty (120) 80-PPL hours may be
used in any six (6)twelve (12) month period. An employee does not
need to use PPL in one block. PPL can be taken intermittently or-
on a reduced work schedule. Non-exempt employees must take
PPL in one (1) hour increments and exempt employees must take
PPL in full day increments.
Employees may not cash out PPL. Any unused PPL will be
forfeited at the end of the rolling six (6)twetv-e--(-1-2-) month period or
upon separation of employment.
PPL is based on the employee's regular monthly salary (base
salary plus regularly occurring premiums/incentives). It is
considered "paid status" for the purpose of merit, seniority.
premiums, annual and sick leave accrual, and City benefit eligibility
and contributions.
(d) Protections
Use of PPL shall not be cause for an employee to lose his/her
current assignment on a permanent basis; however. assignments
may be altered to accommodate the employee's or departments
operational needs when working a reduced work schedule.
Upon return from PPL, employees will be restored to their original
or equivalent position with equivalent pay, benefits, and other
benefits.
(e) PPL Review Process
The City and RPEA agree to meet to discuss any unanticipated
issues that arise, including administrative and legal issues.
Tentative Agreement
For the City
Dated:
For RPEA
Dated: 5
Signed: Signed:
S.I - San Jose 4851-1730-5321 vi
City of Rohnert Park
And
City Proposal to RPEA.
Proposal #13
May 19, 2021
Rohnert Park Employees' Association
2021 Negotiations
SECTION 17. TERM OF AGREEMENT
17.Term of Agreement
This Agreement shall become effective upon Council Approval of the MOA en
Apr-it-30; 20a-Maly--1;2821 through June 30, 20251 unless extended by mutual
agreement of the parties.
Tentative Agreement
For the City For RPEA
Dated: Dated: 2S17?
Signed:Signed:
SJ - San Jose #4840-5941.9370 v
For the City
Dated:
Signed:
City Proposal to RPEA
Proposal #14
May 19, 2021 City of Rohnert Park
And
Rohnert Park Employees' Association
2021 Negotiations
SECTION 8.2 BILINGUAL PAY
8.2 Bilingual Pay
The City and the RPEA have agreed that special compensation shall be given to
certain employees in the RPEA bargaining unit who possess bilingual skills. The
City shall establish an evaluation process for designating and certifying eligibility for
bilingual pay. Testing for employees eligible for bilingual pay will be scheduled by
the Director of Human Resources. That-is,-Wwhen the City designates a position or
person as bilingually proficient, such-an-employce in the designation shall first
demonstrate -a language preficienoy-e4ob-related terminology aeoeptable to the
Supervisor-and -the C4y-Manager.-Thereafter. the employee shall be entitled to
bilingual pay at the rate of $100 per month, to be paid out in equally per pay period.
Said employee shall be subject to re-testing at the request of the Director of Human
Resources. Bilingual designation shall be at the sole discretion of the City.
Tentative Agreement
For RPEA
Dated:
Signed:
Si - San Jose 1/48.15 760 I -9688 v I
City Proposal to RPEA
Proposal # 1 5
May 19, 2021 City of Rohnert Park
And
Rohnert Park Employees' Association
2021 Negotiations
NEW SECTION TBD
UNDER SECTION 10. SALARIES AND MISCELLANEOUS PAY
{NEW SECTION TBD]COVID-Related Impacts Recognition Payment
If a successor MOA between RPEA and the City is approved by the Council on
or before to July 1. 2021, then each employee shall receive a one-time. off salary
schedule, COVID-Related Impacts Recognition Payment in the amount of
$1,000.00. The COVID-Related Impacts Recognition Payment is compensation
that shall not be added to the employee's base pay, nor used for CalPERS
retirement calculations. The payment shall be subject to required state and
federal taxes.
Tentative Agreement
Dated: Dated:
For the City For RPEA
Signed:Signed:
Sl - San Jose #4825-43574505 vl
RESOLUTION NO. 2021-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING A MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK EMPLOYEES’ ASSOCIATION (RPEA) FOR THE PERIOD OF
JUNE 8, 2021 THROUGH JUNE 30, 2025
WHEREAS, on June 8, 2021, the City Council approved a Tentative Agreement on a
Four Year Proposal with the Rohnert Park Employees’ Association which had been ratified by
the membership of RPEA; and
WHEREAS, in accordance with the terms and conditions of the Tentative Agreement,
staff prepared a final Memorandum of Agreement with the RPEA that requires no further
approval by RPEA 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 RPEA for the
Period of June 8, 2021 through June 30, 2025, 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 AND REGULARLY ADOPTED this 8th day of June, 2021.
CITY OF ROHNERT PARK
____________________________________
Gerard Giudice, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
Attachment: Exhibit A
ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )