2021/06/08 City Council Resolution 2021-062 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 O ERT PARK
rard Giudi , Mayor
ATTEST:
Sylvia Lopez Cu vas, City Clerk
Attachment: Exhibit A
ADAMS: LINARES: STAFFORD• ELWARD• GIUDICE:
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EXHIBIT “A”
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF ROHNERT PARK
AND THE
ROHNERT PARK EMPLOYEES’ ASSOCIATION
(RPEA)
EFFECTIVE JUNE 8, 2021 – JUNE 30, 2025
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TABLE OF CONTENTS
1. HOURS OF WORK ........................................................................................................................................................ 5
1.1 REGULAR WORKWEEK FOR EMPLOYEES ......................................................................................................................... 5
1.2 REGULAR WORKDAY FOR EMPLOYEES ........................................................................................................................... 5
2. OVERTIME/COMPENSATORY TIME .............................................................................................................................. 5
2.1 COMPENSATION RATE ............................................................................................................................................... 5
2.2 MAXIMUM COMPENSATORY TIME ............................................................................................................................... 5
2.3 CALL BACK OVERTIME ............................................................................................................................................... 5
2.4 EXEMPT EMPLOYEES ................................................................................................................................................. 6
2.5 ADMINISTRATIVE LEAVE - EXEMPT EMPLOYEES................................................................................................................ 6
2.6 DECLARED EMERGENCY SITUATIONS – EXEMPT EMPLOYEES ............................................................................................... 6
2.7 STAND-BY PAY ELIGIBILITY ......................................................................................................................................... 6
2.8 WEEKNIGHT STAND-BY PAY ........................................................................................................................................ 6
2.9 WEEKEND AND HOLIDAY STAND-BY PAY ........................................................................................................................ 6
2.10 STAND-BY/CALL-OUT MINIMUM PAY ........................................................................................................................... 7
3. HOLIDAYS .................................................................................................................................................................... 7
3.1 OBSERVED HOLIDAYS ................................................................................................................................................ 7
3.2 PROCLAIMED HOLIDAYS ............................................................................................................................................. 7
3.3 DAY OF MOURNING OR SPECIAL OBSERVANCE ................................................................................................................ 7
3.4 HOLIDAYS FOR REGULAR PART-TIME EMPLOYEES ............................................................................................................. 8
3.5 FLOATING HOLIDAY ................................................................................................................................................... 8
4. ANNUAL LEAVE PROGRAM .......................................................................................................................................... 8
4.1 ACCRUAL ................................................................................................................................................................ 8
4.2 RESIDUAL ACCRUED SICK LEAVE ................................................................................................................................... 8
4.3 ANNUAL LEAVE ADMINISTRATION ................................................................................................................................ 9
4.4 SHORT TERM DISABILITY ............................................................................................................................................ 9
5. MILITARY LEAVE .......................................................................................................................................................... 9
6. OTHER FRINGE BENEFITS ............................................................................................................................................. 9
6.1 FRINGE BENEFIT PROGRAMS ....................................................................................................................................... 9
6.2 CATASTROPHIC LEAVE ...............................................................................................................................................10
6.3 LIGHT OR LIMITED DUTY............................................................................................................................................10
6.4 PAYMENT TO BENEFICIARY.........................................................................................................................................11
6.5 INSURANCE COVERAGE .............................................................................................................................................11
(a) Health Insurance ...................................................................................................................................................... 11
6.6 ALTERNATE BENEFIT .................................................................................................................................................12
6.7 DENTAL COVERAGE ..................................................................................................................................................13
6.8 VISION COVERAGE ...................................................................................................................................................13
6.9 ADOPTION BENEFIT ..................................................................................................................................................13
6.10 BEREAVEMENT LEAVE ...............................................................................................................................................14
6.11 FUNERAL EXPENSE BENEFIT ........................................................................................................................................14
6.12 LONG-TERM DISABILITY INSURANCE ............................................................................................................................14
6.13 LIFE INSURANCE COVERAGE .......................................................................................................................................14
6.14 DEFERRED INCOME PROVIDERS ...................................................................................................................................14
6.15 RETIRED, DECEASED AND/OR PERMANENTLY AND TOTALLY DISABLED EMPLOYEES ...............................................................15
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1. Definition of Terms ...................................................................................................................................................... 15
(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. ........................................................................... 15
(b) “Retired Employee” or “Retiree” is a regular full-time or regular part-time benefited City employee hired before
July 1, 2007 who retires from the City and thereafter receives a retirement allowance from CalPERS. Retirement
includes service retirement or disability retirement from the City of Rohnert Park. ............................................................. 15
(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. ..................................................... 15
2. Retirement Health Benefits for Employees Hired Prior to July 1 2007 ........................................................................ 15
(a) Retirement Medical Benefits ................................................................................................................................... 15
(b) Dental and Vision Benefits For Eligible Employees ................................................................................................. 16
3. Retirement Health Benefits for Employees Hired On or After July 1, 2007 ................................................................. 17
6.16 EDUCATION AND TRAINING REIMBURSEMENT ................................................................................................................17
6.17 LONGEVITY PAY ......................................................................................................................................................17
6.18 EDUCATIONAL INCENTIVE PAY ....................................................................................................................................18
6.19 RETIREMENT PROGRAMS ...........................................................................................................................................18
6.20 DEPENDENT CARE ASSISTANCE PROGRAM .....................................................................................................................19
6.21 HEALTH CARE TAX-FREE DOLLAR ACCOUNT PROGRAM ....................................................................................................19
6.22 HEARING AID BENEFIT ..............................................................................................................................................19
6.23 PAID PARENTAL LEAVE..............................................................................................................................................19
7. AGENCY SHOP AND PAYROLL DEDUCTION .................................................................................................................21
7.1 ORGANIZATION SECURITY ..........................................................................................................................................21
8. SALARIES & MISCELLANEOUS PAY ..............................................................................................................................23
8.1 SALARY ADJUSTMENTS .............................................................................................................................................23
8.2 BILINGUAL PAY .......................................................................................................................................................23
8.3 PAYCHECKS ............................................................................................................................................................23
8.4 PAY CHANGE EFFECTIVE DATES ...................................................................................................................................23
8.5 COVID-RELATED IMPACTS RECOGNITION PAYMENT .......................................................................................................24
9. ALCOHOL AND DRUGS ................................................................................................................................................24
9.1 ALCOHOLIC BEVERAGES, OR OTHER DRUGS ...................................................................................................................24
9.2 OFF DUTY HOURS ....................................................................................................................................................24
9.3 PRESCRIPTION DRUGS ..............................................................................................................................................24
10. SMOKING ...................................................................................................................................................................24
11. GRIEVANCE POLICY AND PROCEDURE ........................................................................................................................25
12. USE OF CITY FACILITIES ...............................................................................................................................................25
13. MANAGEMENT RIGHTS ..............................................................................................................................................25
14. WORK CURTAILMENT (NO STRIKE CLAUSE) ................................................................................................................25
15. PERSONNEL RULES AND REGULATIONS ......................................................................................................................26
16. COMPLETE UNDERSTANDING .....................................................................................................................................26
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17. TERM OF AGREEMENT ................................................................................................................................................26
18. SUCCEEDING AGREEMENT ..........................................................................................................................................26
18.1 SUSPENSION OF AGREEMENT .....................................................................................................................................26
18.2 REPLACEMENT ........................................................................................................................................................26
19. NON-DISCRIMINATION ...............................................................................................................................................27
20. PERSONNEL FILES .......................................................................................................................................................27
21. EMPLOYEE PERFORMANCE EVALUATIONS - EMPLOYEE RESPONSE ............................................................................27
22. RPEA OFFICERS ...........................................................................................................................................................27
23. SAFETY GEAR AND NECESSARY EQUIPMENT ..............................................................................................................27
INDEX .................................................................................................................................................................................31
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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 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 employees 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
employees hired between January 1 and June 30 will receive 4 hours of floating holiday
time in the fiscal year in which they were hired. The floating holiday must be taken 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 military 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. 2017-109
adopted August 22, 2017.
6.3 Light or Limited Duty
Employees injured or ill from either on-the-job (industrial) or off-the-job (non-industrial)
causes may 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 from
the normal work duties of the employee.
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6.4 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.
6.5 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 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
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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.
6.6 Alternate Benefit
Employees who opt out of medical coverage are eligible to receive an alternate benefit in
the amount of $400 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 a group health
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.
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6.7 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
subject to the limitation of section (v) above and a one thousand five hundred
dollar ($1,500) lifetime maximum orthodontic benefit per person.
6.8 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.
6.9 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.
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6.10 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 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.
6.11 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.
6.12 Long-Term Disability Insurance
The City shall provide, at no premium cost to employees, long-term disability income
protection insurance coverage. The basic benefit shall be sixty six and two thirds percent
(66 2/3%) 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.
6.13 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.
6.14 Deferred Income Providers
The City will continue to make available to the employees a deferred income program,
now being administered by Nationwide and MissionSquare Retirement or a similar
program with another institution acceptable to City.
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6.15 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
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-
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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.
(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
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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.
(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.
6.16 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.
6.17 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
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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.
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.
6.18 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 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.
6.19 Retirement Programs
(a) Effective July 1, 2007, the City will provide the California Public Employees’
Retirement System (CalPERS) two and seven tenths percent (2.7%) at fifty-five (55)
retirement program to miscellaneous member employees. Effective July 1, 2011 the
City will provide the California Public Employees’ Retirement System (CalPERS) two
percent (2.0%) at fifty-five (55) program to miscellaneous member employees.
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
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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.
6.20 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.
6.21 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.
6.22 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:
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• 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
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.
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(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
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 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 full
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
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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 and 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
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
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• Work, home and personal telephone numbers and personal email addresses on
file with the City.
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 MOA, all members shall receive a 3.5% increase to their base
salary.
(b) Effective the first day of the pay period that includes July 1, 2022 all members shall
receive a 2% increase to base salary.
(c) Effective the first day of the pay period that includes July 1, 2023 all members shall
receive a 2.5% increase to base salary.
(d) Effective the first day of the pay period that includes July 1, 2024 all members shall
receive a 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. When the City designates a person as bilingually proficient, 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. The City may distribute
automatic deposit notices to employees electronically on each payday. For employees
requesting a physical paycheck, the City will send it by mail prior to the 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 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.2018-079, adopted
June 12, 2018, 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 City shall
include, but not be limited to, the right to determine the organization of city government and the
purpose and mission of its departments and agencies, to determine the nature, levels and mode
of delivery and to set standards of service to be offered to the public; and through its
management officials to exercise control and discretion over its organization and operations; to
establish and effect administrative regulations which are consistent with law and the specific
provisions of this 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, sanction, honor or
engage in any strike, sit-down, stay-in, sick-out, slow-down, speed-up, work to rule or any other
type of job action, curtailment of work, restriction of production or restriction of service during
the term of this 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 through June 30,
2025 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.
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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
Jason Sampietro, Board Official DATE Dennis Wallach, RPEA Representative DATE
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By: _______________________________________
Gerard Giudice, Mayor
Resolution Number:
Attest:
_______________________________________
Sylvia Lopez Cuevas, City Clerk
Approved As To Form:
__________________________________________
Michelle Marchetta Kenyon, City Attorney
MOA-Rohnert Park Employees’ Association June __, 2021 through June 30, 2025 Page
29
The following are incorporated in this Agreement by reference:
• Listing of RPEA job classes (Attachment “A”)
• City Council Resolution No. 2018-079, adopted June 12, 2018 - Employee Complaint Resolution
Procedure.
• City Council Resolution No. 2017-109, adopted August 22, 2017 – Amended Catastrophic Leave
Program
• City's Personnel Rules & Regulations
MOA-Rohnert Park Employees’ Association June __, 2021 through June 30, 2025 Page
30
CITY OF ROHNERT PARK
Attachment “A”
Alphabetical List of Active/Budgeted RPEA Job Titles
as of May 27, 2021
Accountant
Accounting Assistant
Accounting Technician I/II
Administrative Assistant I/II
Animal Health Technician
Animal Shelter Coordinator
*Animal Shelter Supervisor
Assistant Engineer/*Associate Engineer
Assistant Planner/*Associate Planner
Building Inspector I/II
Code Compliance Officer I/II
Communications Specialist
Community Development Technician
Community Service Program Coordinator
Community Services Analyst
Community Services Supervisor
Crime Analyst
Engineering Technician I/II
*Environmental Coordinator
Fire Inspector
GIS Technician
*Housing Administrator
*Information Systems Analyst
Information Systems Technician I/II
*Management Analyst I/II
Office Assistant
*Performing Arts Center Manager
*Project Manager
*Property and Records Supervisor
Property Technician
Public Safety Records Clerk
Public Works Inspector I/II
Purchasing Agent
Senior Building Inspector
Senior Code Compliance Officer
*Technical Director
Theater Services Coordinator
*FLSA exempt job class
MOA-Rohnert Park Employees’ Association June __, 2021 through June 30, 2025 Page
31
INDEX
A
Administrative Leave - Exempt Employees · 6, 7
Adoption Benefit · 13
Agency Shop and Payroll Deduction · 21
Alcohol
Off-Duty Hours · 24
Alcoholic Beverages and Other Drugs · 24
Alternate Benefit · 12
Annual Leave Program · 8
B
Bereavement Leave · 13
Bilingual Pay · 23
C
Call Back Overtime · 5
Catastrophic Leave · 10
D
Deferred Income Providers · 14
Dental Coverage · 12
Dependent Care Assistance Program · 19
Disability Wage Program · See Annual Leave Program
E
Education and Training Reimbursement · 17
Educational Incentive Pay · 18
Employee Performance Evaluations
Employee Response · 27
F
Fringe Benefit Programs · 9
Funeral Expense Benefit · 14
G
Grievance Policy and Procedure · 24
H
Health Care Tax-Free Dollar Account Program · 19
Health Insurance · 11
Hearing Aid Benefit · 19
Holidays · 7
Observed Holidays · 7
Holidays for Regular Part-time Employees · 8
Hours of Work · 5
L
Life Insurance Coverage · 14
Light or Limited Duty · 10
Longevity Pay · 17
Long-Term Disability Insurance · 14
M
Management Rights · 25
Maximum Compensatory Time · 5
Military Leave · 9
Modified duty · See light or limited duty
N
Non-Discrimination · 26
O
Observed Holidays · 7
Overtime Compensation Rate · 5
P
Paychecks · 23
Payment to Beneficiary · 10
Personnel Files · 26
Personnel Rules and Regulations · 25
Prescription Drugs · 24
R
Regular Part-time Employees
MOA-Rohnert Park Employees’ Association June __, 2021 through June 30, 2025 Page
32
Holidays · 8
Regular Workday for Employees · 5
Regular Workweek for Employees · 5
Retirement Programs · 18
RPEA Officers - Leave · 27
S
Salaries & Miscellaneous Pay · 23
Short-term disability insurance · 9
Sick Leave · See Annual Leave Program
Smoking · 24
Sports Center · See Use of City Facilities
Succeeding Agreement · 26
Suspension of Agreement · 26
Swimming pools · See Use of City Facilities
T
Term of Agreement · 26
Effective Date · 26
Termination Date · 26
U
Use of City Facilities · 25
V
Vision Coverage · 13
RESOLUTION NO. 2017-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE,
ACTIVE EMPLOYEES
WHEREAS, the City has established a system and pool whereby employees of
the City of Rohnert Park may donate and use annual leave and compensatory hours to
alleviate financial hardship in catastrophic circumstances; and
WHEREAS, the City wishes to expand employee eligibility for the program by
reducing the threshold for eligibility to one thousand forty hours (1040) or six months of
employment; and
WHEREAS, the City agreed in the meet and confer process with employee
groups to amend the threshold for eligibility to the Catastrophic Leave Program.
NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of
Rohnert Park hereby adopts and approves "Exhibit A" hereby attached as its Amended
Catastrophic Leave Program for eligible active employees.
BE IT FURTHER RESOLVED that the City hereby establishes this Amended
Catastrophic Leave Program and that the City Manager is authorized to administer said
program.
DULY AND REGULARLY ADOPTED this 22nd day of August, 2017.
CITY OF ROHNERT PARK
kenzie, Mayor
ATTEST:
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AHANOTU: ( r BELFORTE: P CA L LINAN:
14
7
10
STAFFORD: /4 7
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MACKENZIE:
AYES: ( s ) NOES: ( a) ABSENT: ( p ABSTAIN: ( 0 )
EXHIBIT "A"
AMENDED CATASTROPHIC LEAVE PROGRAM
Purpose
The purpose of the Catastrophic Leave Program is to establish a system and pool
whereby employees of the City of Rohnert Park may donate annual leave and
compensatory hours to a pool for an employee in need who meets the criteria to obtain
Catastrophic Leave to alleviate financial hardship.
Catastrophic Leave Pool
All regular full-time and part-time employees of the City of Rohnert Park may donate up
to forty (40) hours of his/her annual leave time per calendar year into the Catastrophic
Leave Pool. The donating employee must have an annual leave balance of at least
forty (40) hours after the donation of annual leave time.
All regular, full-time and part-time employees of the City of Rohnert Park may donate up
to forty (40) hours of his/her compensatory time per calendar year into the Catastrophic
Leave Pool. The donating employee is not required to have a compensatory time
balance after the donation of the compensatory time.
All time donated will be credited on an hour -for -hour basis regardless of hourly pay
differential. The Human Resources Department will account for the donation and
disburse catastrophic leave hours.
Catastrophic Leave
Catastrophic Leave is hours of time which have been donated into a pool and may be
used by an employee in need and who meets the criteria of this program.
Catastrophic leave may be used for an absence due to a verifiable long-term illness or
injury such as, but not limited to, cancer and heart conditions which clearly incapacitate
the employee; for a serious illness or injury to a spouse, child, parent or other
dependent who is in need of the employee's care.
Eligibility
To be eligible to apply for hours of catastrophic leave, an employee must be a regular,
full-time or part-time employee who has completed 1040 hours or six months of
employment with the City, and has exhausted all other benefits available for which they
are entitled.
Catastrophic Leave shall not be used in conjunction with any other long-term or short-
term disability programs, Social Security or Workers' Compensation Benefits.
Catastrophic Leave may not be used to extend a date of retirement. Should this
program conflict with any other provision of law, applicable Government Codes or
AMENDED CATASTROPHIC LEAVE PROGRAM
PAGE 2OF2
CalPERS regulations, the City will comply with those provisions and not the Amended
Catastrophic Leave Program.
The City reserves the right to require the employee to provide medical or other
verification that they have met the criteria established in this policy. While an employee
is utilizing Catastrophic Leave, they do not accrue any annual leave benefits.
Leave Requests
Any employee who meets the above criteria may submit a request for Catastrophic
Leave through his/her Department Head to the City Manager. The City Manager will
determine eligibility and approve/deny leave requests as outlined in this policy.
Determinations made by the City Manager may be appealed to the Leave Appeal
Committee within ten (10) calendar days of the City Manager's decision. A majority
decision of the Leave Appeal Committee is final and binding.
The Leave Appeal Committee shall consist of one representative from each of the
following bargaining units: Rohnert Park Employees' Association (RPEA), Rohnert Park
Public Safety Officers' Association (RPPSOA), and the Service Employees'
International Union (SEIU).
Leave requests may be approved for up to 480 hours per employee, per catastrophic
need event.
APPROVED BY RESOLUTION NO. 97-165
AMENDED BY RESOLUTION NO. 01-270, DATED 12/11/01
AMENDED BY RESOLUTION NO. 2017-190, DATED 8/22/2017
CITY OF ROHNERT PARK
Personnel Rules and Regulations
CITY MANAGER'S
ADMINISTRATIVE POLICY NO~ 1:
PERSONNEL RULES AND REGULATIONS
CITY OF ROHNERT PARK
Personnel Rules and Regulations
NOVEMBER 9, 2004
Page 1 of39
CITY OF ROHNERT PARK
Personnel Rules and Regulations
TABLE OF CONTENTS
SECTION 1 -INTRODUCTION ................................................................................................. PAGES 3 ~ 5
SECTION 2-PAY PLANS AND COMPENSATION ................................................................. PAGES 5-8
SECTION 3-BENEFITS ............................................•.............................................................. PAGES 8-20
SECTION 4-IN-HOUSE RECRUITMENT ................................................................................ PAGES 20 -21
SECTION 5 -RECRUITMENT PROCESS .................•..................................•...•....................... PAGES 21 -27
SECTION 6-SEPARATION AND REINSTATEMENT ....•...............................•..•..................... PAGES 27 -29
SECTION 7 -INCOMPATIBLE ACTIVITY/CONFLICTS OF INTEREST. ................................ PAGES 29-30
SECTION 8-DISCIPLINARY ACTION ........................................... : ......................................... PAGES 30-36
GLOSSARY -DEFINITION OF TERMS .................................................................................... PAGES 36-39
RESOLUTIONS EFFECTING PERSONNEL POLICIES
RESO 79-22
RESO 92-78
RESO 92-79
RESO 93-38
RESO 99-01
RESO 91-192
RESO 87-117
RESO 00-10
RESO 03-71
RESO 03-235
CITY OF ROHNERT PARK
Personnel Rules and Regulations
-EMPLOYEE GRIEVANCE PROCEDURE
-EQUAL OPPORTUNITY EMPLOYER
-POLICY AGAINST DISCRIMINATION BASED ON DISABILITY -ADA
-AGAINST HARASSMENT
-ELECTRONIC MEDIA USE
-ANTI-DRUG POLICY
-DEPENDENT CARE ASSIST ANGE PROGRAM
-EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF
2004)
--PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR
ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR
TRAINING
-OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEAL TH INSURANCE
PORT ABILITY AND ACCOUNT ABILITY ACT OF 1996
Page 2 of 39
. CITY OF ROHNERT PARK
Personnel Rules and Regulations
SECTION 1 -INTRODUCTION
A. Purpose -The City Manager, as Personnel Officer for the City or his/her designee, is charged with the
responsibility of the City's personnel practices. In order to establish an equitable and uniform procedure for
dealing with personnel matters and to attract to municipal service the best and most competent persons
available, to assure that appointment and promotions of persons will be based on merit and fitness and to
provide a reasonable degree of security for qualified employees, the following rules and regulations are
established.
B. Coverage -These rules and regulations apply to all offices, all regular full-time employees, regular part-
time employees, and all positions and employments in the service of the City, except;
1. Elective officers in the performance of their elective duties and Members of appointed boards,
commissions and committees.
2. Persons engaged under contract to supply expert, professional, technical or other services.
3. Volunteer personnel, such as volunteer auxiliary firefighters and public safety reserve officers.
4: City Manager and City Attorney.
5. Probationary employees, except as expressly provided herein.
6. Limited Service Personnel (i.e. temporary or seasonal employees employed by the City not more than
six (6) months during the fiscal year for special purposes).
7. Part-time employees paid by the hour or day who do not meet the definition of regular part-time
employees.
C. General Provisions -
1. The City expressly prohibits discrimination in employment on the basis of race, religious creed, color,
national or ethnic origin, ancestry, mental or physical disability, medical condition, marital status, sex,
sexual preference, political opinion, political affiliation or on the basis that an individual is age forty (40)
or over, or any other basis protected by federal, state or local law.
2. An employee's work performance will be evaluated by their immediate supervisor or the supervisor's
designee at least once a year on a form prescribed by the Personnel Officer. Supervisors will discuss
their evaluations in full with each employee, outline goals and expectations, and point out where the
employee has done an outstanding job and suggest ways in which job performance can be enhanced.
3. All regular appointments include a probationary period as provided herein of not less than twelve (12)
months for miscellaneous employees, not less than twenty-four (24) months for management
employees, not less than eighteen (18) months for dispatch employees, and not less than eighteen
(18) months for Public Safety sworn employees.
a. Promotional appointments include a probationary period of not less than six (6) months for non-
supervisory employees and twelve (12) months for supervisors (includes management
classifications).
4. Employees must be physically and mentally able to perform the essential functions of the job, with or
without reasonable accommodation.
CITY OF ROHNERT PARK
Personnel Rules and Regulations
Page 3 of 39
CITY OF ROHNERT PARK
Personnel Rules and Regulations
5. The City reserves the right to amend these rules and agrees to meet and confer with representatives
of recognized employee organizations on those changes that are within the scope of representation.
6. Nothing herein prevents or restricts the City's right to contract for performance of expert, professional,
technical or any other services.
7. Nothing herein prevents or restricts a Supervisor from issuing departmental rules, policies of
regulations needed for the efficient operation of a City department.
8. The definitions applicable throughout these rules are set forth in the attached Glossary and are hereby
incorporated by reference.
D. Bargaining Units -If any outline of conditions of employment or memorandum of agreement between a
recognized employee organization and the City conflicts with the provisions of these rules, then the
provisions of the memorandum of agreement will prevail.
E. Personnel Records -In the case of personnel records, the term "personnel records" means any file
maintained under the individual's name by his or her employing agency containing records relating to
personal data, including marital status, family members, educational and. employment history, or similar
information, medical history, election of employee benefits, and employment advancement, appraisal, or
discipline.
1. The City maintains personnel files for all employees which contain all records, files and documentation
used to determine the employee's qualifications, performance, promotion, additional compensation, or
termination or other disciplinary action.
a. Each employee must promptly notify the Human Resources Department of any changes in
relevant personal informatio_n, including but not limited to; mailing address; telephone number;
name(s} of dependent(s); and persons to contact in an emergency, along with contact
information.
b. Personnel files are deemed confidential unless the employee consents to a disclosure in writing
or the City is required to disclose such material by law. City personnel have access to
confidential personnel files only on a "need to know" basis for legitimate business reasons.
2. The City maintains a confidential file for all employees which contains all medical information about an
employee or applicant. Information in this confidentialfile is obtained and maintained in accordance.
with state and federal law ( e.g. the California Confidentiality of Medical Information Act and the federal
Health Insurance Portability and Accountability Act ("HIPAA"). City personnel have access to
confidential medical files only on a "need to know" basis for legitimate business reasons.
3. All inquiries from outside agencies, firms, or individuals concerning personnel will be referred to the
Human Resources Department for handling and response. This includes, but is not limited to,
inquiries concerning employee performance or evaluation in connection with new employment
opportunities and employment verification checks for financing purposes. · This procedure applies to
both former and present employees.
a. Absent a written release from the employee, the Human Resources Department provides only
dates of hire and termination, position title, and pay range.
b. Information disseminated to inquiring parties will be extracted from the personnel files in the
Human Resources Department. The City's written response to inquiries will be made a part of
the employee's personnel file and will be available for his/her scrutiny.
CITY OF ROHNERT PARK
Personnel Rules and Regulations
Page 4 of39
CITY OF ROHNERT PARK
Personnel Rules and Regulations
4. Any employee who wishes to review his or her personnel records should contact the Human
Resources Department and set up an appointment at a mutually agreed upon time. The review must
be done in the presence of the Human Resources Assistant or his/her designee at the location where
the file is stored and at no loss of compensation to the employee: An employee may request a copy of
any employment-related document that he/she has signed. This subsection does not apply to those
employees covered by the'Public Safety Officers' Procedural Bill of Rights (Government Code §3300
et seq.)
a. An employee is not entitled to inspect records set forth in Labor Code section 1198.5( d) as it may,
from time to time, be amended. Impact records relating to the investigation of a criminal offense
or letters of reference.
b. An employee is not entitled to inspect complaints, or investigation of complaints, concerning an
event or transaction in which the employee was involved or participcited to the extent that the
disclosure of such information would constityte an unwarranted invasion of personal privacy.
5. Employees have the right to respond in writing to any evaluation report placed in their personnel file.
Such responses must be submitted within thirty (30) calendar days of the evaluation interview and will
be.included in.the personnel file·records.
F. Destruction of Records -The employee personnel records are considered a permanent record and all
personnel file documents are retained by the City for the duration of the employee's period of employment
and for any subsequent period required by law.
a. The records of former employees are retained in accordance with the schedule established in
Resolution 90-161.
b. Shredding destroys personnel records that have reached the time limit established in Resolution
90-161.
SECTION 2-PAY PLANS AND COMPENSATION
A. Classification Plan -
1. Creation of classifications. The City Council, upon recommendation by the Personnel Officer, shall
create a classification plan for City employees. Each position shall be allocated to a class identified by
class title. Positions shall have the same class title when they conform to the same specification or
when the positions' descriptions are sufficiently similar as to qualifications, educational requirements,
responsibilities, level of supervision, and other characteristics.
2. Specification of classes. A class may include more than one position. Each class will have a
specification, which includes: a concise, descriptive title, a brief definition, a description of the essential
job duties and responsibilities, a statement of special requirements, and a statement of desirable
qualifications.
3. Reclassification. The Personnel Officer is responsible for reviewing the duties. and responsibilities of
positions and recommending to the City Council the creation of new classes and the abolition of
existing classes. The Personnel Officer shall review classifications and make determinations in the
following situations:
a. Upon the recommendation of the Supervisor or upon the request of an employee, the Personnel
Officer has the right to reallocate a position to a different class whenever its· duties change
materially, provided the reclassification can be ac.complished within budget limitations. The
Personnel Officer has the discretion to determine when the duties have materially changed which
CITY OF ROHNERT PARK
Personnel Rules and Regulations
Page 5 of 39
CITY OF ROHNERT PARK
Personnel Rules and Regulations
warrant a reclassification. To process reclassifications in a timely manner, the following process
will be followed:
1. Supervisor or employee submits a request of reclassification to the Human Resources
Department.
u. Within fifteen (15) working days, the Human Resources Department makes an initial
determination whether the employee's ongoing job duties and responsibilities warrant a
position reclassification. Once completed, the Human Resources Department forwards its
recommendations to the Personnel Officer.
111. Within fifteen (15) working days the Personnel Officer affirms or modifies the Human
Resource Department's recommendations. As a general guideline, the Personnel Officer
will provide the following conclusions to the employee and his or her supervisor: re-assign
work duties so the employee is no longer working outside of classification, appoint employee
to existing classification with greater responsibility, or create a new classification that more
accurately reflects the employee's ongoing job duties and responsibilities.
b. When the duties of a position so change that no appropriate class for it exists, the Personnel
Officer must prepare an appropriate class specification for it and submit it to the City Council for
approval: ·
c. Reclassification of a position may not be used to circumvent the rules and regulations concerning
demotion, promotion or compensation.
B. -Salary Ranges, Plans and Compensation -
1. Meet and confer. The City will meet and conferregarding changes to salary rates or salary ranges
·affecting existing employees represented by a recognized employee organization. After meeting and
conferring, the Personnel Officer will prepare the pay plan, which establishes a flat rate or salary range
for each class.
2. Changes to salary ranges. When the City Council changes a salary range for a class, all employees'
salaries in the class will be adjusted to the corresponding step in the new range.
3. Transfer to another class. An employee whose position is moved from one class to another class
that has the same salary range does not receive a change in salary. When an employee. is moved
from one class to a class with a higher maximum salary, the employee's salary in the higher class will
be the minimum salary for that class, unless that minimum is lower than, or the same as. the
employee's salary at the time of the move. In that event, the employee wiil receive the next higher step
within the pay range of the higher class. Employees receiving a promotion will receive at least a 5%
increase in salary unless limited by the salary range maximum. The new review date for promoted
employees is the date of promotion or in six (6) months if the employee in placed at Step A.
4. Demotions. When an employee is demoted, (moved from one class to a class with a lower maximum
salary), the Personnel Officer will set the employee's salary within the range of the class to which the
employee has been demoted. In this event, the employee's anniversary date will be the same as the
effective date of demotion for purposes of conducting performance reviews and making corresponding
salary adjustments. The employee's original hire date will continue to determine his or her eligibility
for other types of benefits and leave accruals.
5. Reclassifications. An employee whose position is reclassified from one class to a class with a lower
maximum salary retains his/her original anniversary date. A reclassified employee retains the salary
of the higher class if the employee's salary at the time of reclassification does not exceed the
· maximum salary for positions of the lower class. If that salary does exceed that maximum, the
CITY OF ROHNERT PARK
Personnel Rules and Regulations
Page 6 of 39
CITY OF ROHNERT PARK
Personnel Rules and Regulations
employee will continue to receive his/her present salary until such time as the maximum salary for the
class exceeds his/her rate of pay.
C. Employee Performance Review and/or Evaluation -The performance evaluation process is intended to
improve productivity and foster communication between supervisors and employees. Evaluations should be
conducted at least annually in accordance with the schedule set forth for that employee·s job classification
and should be based upon position-specific performance elements and work standards. The evaluation
must indicate clearly whether overall performance is superior, satisfactory, or substandard. The review
process must provide for employee feedback and face~to-face communication. Results of the performance
review will be utilized to determine employee's training and development needs.
1. Salary adjustments. Results of the employee's current performance review will be used to determine
salary adjustments on the employee's anniversary date. Employees whose work performance is
satisfactory will be eligible for advancement to the next higher step (not to exceed the maximum) of
the salary range. Employees who receive a less than satisfactory rating may not be eligible for a
salary advancement on their anniversary date.
2. Employee review and response. Employee will be provided with a copy of his/her performance
evaluation twenty-four (24) hours prior to the evaluation interview. Employees have the right to
respond in writing to the evaluation report should they so desire. Said responses should be submitted
to the reviewer no later than thirty (30) days after the evaluation interview. Contents of an employee's
performance evaluation are not subject to the grievance procedure.
3. Copies kept in personnel file. The employee's complete, original, and signed performance
evaluation -including any written comments provided by the employee -is filed in the employee's
official personnel file kept in the Human Resource Department.
D. Pay Period -The pay period .for all employees is bi-monthly on the 15th and the last day of the month.
When the 151h or the last day of the month falls on a weekend or holiday, paychecks will be available the
prior Friday. All paychecks are to be distributed to the departments and delivered to the employee by noon
on the 15th or the last day of the month.
1. Time cards. All employees are required to keep a timecard and accurately record all hours worked.
a. Full-time employees. Regular full-time employees will be paid for the prior two-week period
,.vorked.
b. Part-time employees. Regular part-time and hourly part-time employees must submit their
timecards to the Finance Department on the 5th and 201
h of the month and will be paid the
following payday for the time submitted.
2. Direct deposit. Any employee wishing to have their paycheck directly deposited may do so by
contacting the Finance Department and filling out the required documents.
CITY OF ROHNERT PARK
Personnel Rules arid Regulations
Page 7 of 39
\
CITY OF ROHNERT PARK
Personnel Rules and Regulations
E. Overtime -Overtime hours must be approved in advance by the employee's direct supervisor or
Department Head. Overtime is to be kept to a minimum consistent with maintenance of essential City
services. All non-exempt employees will be paid overtime as required by applicable law and in accordance
with any provisions in applicable memoranda of agreement.
F. Compensatory Time Off -Subject to applicable memorandum(s) of agreement or the outline·of certain
employment conditions for non-represented employees, compensatory time off may be granted in lieu of
overtime pay for overtime work performed by eligible employees. Compensatory time off is subject to the
accrual cap in the relevant memorandum of agreement.
1. Approval of overtime. Employees must obtain pre-approval before working any overtime. The
Supervisor will authorize such overtime work and will notify the Personnel Officer upon such
authorization. The Supervisor is responsible for arranging his/her department so that compensatory
time off can be taken.
2. CTO for exempt employees. Management employees and any bona fide exempt personnel will
receive administrative leave, as qualified under FLSA, in-lieu of the compensatory time off. All exempt
personnel must record leaves of four hours or more using the City's "Employee Absence Report" and
submit it to the appropriate immediate supervisor.
3. City reserves the right to pay overtime in lieu of accruing CTO. At the discretion of the City,
certain personnel may be paid for all or a portion of overtimeworked in lieu of accruing CTO. The City
can elect to pay employees for overtime worked if it is determined that an employee cannot
reasonably take the CTO without hindering the performance of essential City functions.
· 4. Pay-out of accrued CTO. The City retains the right to pay out unused CTO at all tjmes selected by
th~ City. The current memorandum(s) of agreement or outline of certain conditions of employment will
reflect accrual information, time, and manner in which any payment for unused compensatory time will
be made.
5. Payment upon separation. Upon separation, all employees will be paid a lump sum for all
outstanding approved and accrued compensatory time and/or administrative leave.
6. Use of CTO. Employees who wish to use CTO must obtain prior authorization of their Supervisor or
Department Head, The City's policy is to permit the use of CTO within a reasonable period after the
request for use is made. Use of CTO on the specific dates requested by an employee will be
permitted as much as reasonably . practicable taking into account the operational needs of the
department. To facilitate scheduling, employees are encouraged to provide as much advance notice
as possible of the dates they desire to use CTO.
SECTION 3 -BENEFITS
A. Holidays -
1. Scheduled holidays. The City Council establishes· the holidays to be observed by the City for each
calendar year, subject to modification by any applicable MOA. Generally, the City observes as
holidays those days proclaimed by the President of the United States, the Governor of the State of
California, and/or the Mayor of the City of Rohnert Park to be public holidays. Additionally, the City
usually observes any day declared by the Governor to be a day of mourning or special observance for
State employees. ·
2. Weekend holidays. Generally, when a holiday falls on a Saturday, it shall be observed on the
preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday. If
a holiday falls on an employee's regularly scheduled day off, the applicable memorandum of
· CITY OF ROHNERT PARK
Personnel Rules and Regulations
Page8of 39
CITY OF ROHNERT PARK
Personnel Rules and Regulations
agreement will determine whether the employee is paid holiday pay or given compensatory time off. If
any outline of conditions of employment or memorandum of agreement conflicts with this subsection,
the provision of the conditions of employment or memorandum of agreement will prevail.
3. Holiday pay. Regular full-time and regular parHime employees are entitled to receive time off with
pay at their regular rate of pay for the holiday. Regular part-time employees receive either 50% or
75% of the holiday pay as determined by the number of hours per week the employee is normally
scheduled to work. An employee who resigns may not select a holiday as the employee's last day of
employment.
4. Required work on holiday. An employee whose job performance is essential to maintain public
services may be required to work on a holiday. In such cases, the applicable MOA will specify the pay
and/or benefits received for the work performed on holidays.
B. Vacation -
1. Vacation policy. All regular full-time and regular part-time employees are entitled to vacation time off
work with pay. Eligible regular part-time employees accrue vacation at the rate of 50% or 75% of the
allotment established for full-time employees as determined by the number of hours the part-time
employee is regularly scheduled to work. Eligible employees will accrue vacation from the date-of-hire
but may not take accrued vacation until the completion of six (6) months of continuous service.
However, upon completion of six months of service, he/she will be eligible to request a scheduled
vacation. This vacation policy is subject to modification through an applicable MOA for represented
employees.
2. Vacation accrual. Vacation accrues for regular full-time employees according to the following
schedules established in the applicable MOA's or Outline of Benefits for the Management and
Confide·nuar Units.
3. Use of vacation. An employee's scheduled vacation must be approved by his/her supervisor. The
smallest amount of vacation time that may be used is~ hour (15 minutes). An individual may have
unused annual vacation leave carried over to the following calendar year. If maximum accrual is
reached, further vacation accrual will stop. When the employee uses paid vacation time and brings
the available amount below the cap, vacation accrual will resume at the regular monthly accrual. The
City may make an exception to the vacation accrual cap in extraordinary circumstances where, due to
the requirements of City service, an employee is required to forego a· vacation during the particular
calendar year. In such cases, the affected employee may apply to the Personnel Officer to increase
his or her vacation cap by the number of days the employee was not permitted to take as vacation
days. The Personnel Officer may, in his or her sole discretion, grant such requests from time to time.
4. Vacation at termination. Upon termination, an employee shall receive a lump sum payment for the
balance of accrued vacation hours. Payment for unused vacation shall be made at the rate of pay in
effect for such employees at the time of termination. When termination is caused by the death of the
employee, pay for unused vacation shall be paid to the same beneficiary the employee has
designated for Life Insurance benefits. Beneficiary designation otherwise, shall be in writing, signed
by the employee and filed with the Finance Department, Payroll Office. Vacation accruals are not paid
to employees who are employed by the City less than six months.
5. Holidays falling during vacation. When a day designated and observed by the City as a holiday
· occurs on a day on which an employee is taking vacation, such employee shall not be charged as
using vacation for that day. The employee's compensation for that day shall. be holiday pay and
he/she shall not be paid or charged for vacation. This holiday policy is subject to modification through
an applicable MOA for represented employees.
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6. Illness during vacation. lfan employee becomes ill or is injured while on vacation, the time off will
still be counted as vacation time and not sick time.
7_ Vacation accrual during leave of absence. Employees who are off work on a paid leave shall
continue to accrue vacation during the leave period. Employees who are off work on an unpaid leave
shall no longer accrue vacation after ninety (90) calendar days.
C. Sick Leave -
1. Eligibility. Regular full-time and regular part-time employees are eligible for sick leave in accordance
with the applicable MOAs. Unrepresented, confidential, and management employees' eligibility for
sick leave is specified in the applicable City resolution outlining their conditions of employment,
benefits and salary adjustments.
2. Accrual. Sick leave shall be accrued in accordance with the applicable MOA's or Outline of Benefits
for the Management and Confidential Units.
3. Use of sick leave.
a. To qualify for sick leave, the employee must report his/her illness or injury to his/her supervisor at
the. beginning of any sick leave period and daily thereafter unless otherwise arranged_ The
supervisor may require a written statement from the employee's health care provider verifying
that the employee is or was incapacitated and unable to perform his/her duties. Any absence of
five (5) days or more for sick leave will require a certification from a health care provider.
b. Sick leave may be taken for an employee's personal, non-industrial illness or injury. Additionally,
the employee may use up to one-half his/her yearly paid sick leave accrual (based on calendar
year) to attend to an illness of a child, parent, spouse, or domestic partner of the employee or the
child of the employee's domestic partner.
c. An employee may use sick leave for medical examinations and appointments provided, however,
that such leave time may be limited to four (4) hours in any one working day at the employee's
supervisor's discretion. ·
d. An employee requesting to use paid sick leave must specify whether the use is for personal
illness or to care for a family member. In the event that an employee exhausts his/her paid sick
leave, he/she may be entitled to additional unpaid leave under the Family and Medical leave
Policy.
e. Any employee who is absent from work on sick leave shall not engage in work or other activities
at any time that wolilQ be. in conflict with the inability to report for work and to perform the duties
assigned. If an employee violates this policy, appropriate disciplinary action will be taken.
4. Sick leave accrual during leave of absence. Employees who are off work on a paid leave shall
continue to accrue sick leave during the leave period. Employees who are off work on an unpaid
leave shall no longer accrue sick leave after ninety (90) calendar days.
5. Accumulation. Accrued sick leave may be accumulated to the limits described in· the applicable
Memorandum of Agreement.
6. Sick leave and Workers' Compensation disability payments. An employee receiving temporary
disability payments under the Workers' Compensation Laws, may use accumulated sick leave in order
to continue to maintain his/her regular income. Under such circumstances, the employee shall be paid
(out of his or her sick leave balance) the difference between his/her full salary in proportion to the
amount of his/her full salary paid by the City during such period of disability.
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D. Bereavement Leave -
1. In the case of death within the immediate family of an employee, the employee shall be entitled to
three (3) days of paid leave. An additional two (2) days of sick or vacation ·leave may be taken upon
approval of the employee's supervisor if the employee must travel out of the area (at least 250 miles
one way).
2. 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.
The employee's supervisor may require proof of death of the person(s) for whom the ~mployee is
taking bereavement leave.
E. Military Leave -
1. Eligibility. The City grants military leave to all employees for service in the uniformed services· in
accordance· with federal and state law. ·
2. Notice. The employee must notify his/her supervisor of upcoming military duty at soon as he/she
becomes aware of his/her obligation and provide a copy of his/her military orders.
3. Compensation. Employees on temporary military leave will be paid their normal salary for the first
thirty (30) calendar days while engaged in the performance of ordered military duty. Pay for such
purposes shall not exceed 30 days in each fiscal year. If the employee's military leave exceeds thirty
days, the City will continue to pay the difference between the employee's normal salary and the total of
his/her military compensation if the employee is called to active duty as a result of a declaration of
emergency, war, or as necessary for homeland security as declared by the President of the United
States, Secretary of Defense, Secretary of Homeland Security or the Governor of California. In such
cases, the employee shall submit his/her military earning statement to the Finance Department,
Payroll Office to assist in calculating the employee's salary. In no event will the employee be
compensated in excess of his/her normal City salary. All other military leave is unpaid except where
necessary to maintain exempt status under the Fair Labor Standards Act. Employees may elect to
use any other accrued paid leave time (e.g. vacation) during unpaid military leave.
Employees will receive any merit and/or general salary increases for which they become eligible
during military leave.
4. Benefits.
a. Health insurance. All health insurance benefits will remain in place while the employee is in a
paid military leave status as indicated in Section 3 above. For employees in a non-pay status, all
health insurance benefits will continue for a period of 12 workweeks on the same terms and
conditions as if the employee were not on a leave of absence. The 12 workweeks would be
calculated based on the beginning of non-pay status. Thereafter, the employee has the option to
continue his/her health plan benefits, at the employee's expense, for up to eighteen months.
For employees both in a paid and unpaid status, the benefits shall be provided in accordance with
the City's applicable agreements, outlines, rules, policies and procedures and all state and
federal laws. Such benefits may be subject to individual plan provisions.
b. Pension plan benefits. During any period of paid leave, the City will pay the employer and
employee contributions to CalPERS. Additionally, employees returning from military leave are
entitled to pension benefits that accrued during military service and to any CalPERS contributions
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that would have been made if the employee had not been absent due· to military leave. Military
leave is not considered a break in service for purposes of pension benefits.
c. Vacation benefits. Vacation benefits continue to accrue during pciid military leave. Employees
returning from military leave are entitled to begin accruing vacation at the rate the employee
would have attained if the employee had not taken military leave.
d. Seniority. Employees returning from military leave are entitled to the seniority and other rights
and benefits de.termined by seniority that they would have attained with reasonable certainty had
the employee not taken a military leave.
5. Reinstatement. Employees will be reinstated in accordance with all applicable laws. Upon
completion of military leave, the employee is required to furnish the Human Resources Department a ·
copy of his/her military separation document. Reinstatement will not be denied or delayed if the
information does not yet exist or is not readily available, however, the employee is required to provide
the information as soon as it is available. Reinstatement will be denied only when legally permissible.
Federal law provides for the following reinstatement period:
a. For military leave of less than 31 days, the employee must report for reemployment at the
beginning of the first regularly scheduled workqay that would fall eight hours after he or she
returns home, unless reporting within such time frame is impossible and then the employee must
report as soon as possible.
b. For military leave of more than 30 days but less than 181 days, the employee must report for
reemployment within 14 calendar days following completion of service, unless reporting within
such time frame is impossible and then the employee must report as.soon as possible.
c. For military leave greater than 181 days, the employee must apply for reemployment within 90
days of completion of the service.
F. Family And Medical Leave -
1. Eligibility. Family and medical leave ("FML ") shall be granted in accordance with the provisions of
state and federal law. All employees who meet the eligibility criteria stated in this policy are entitled to
take an unpaid FML.
To qualify for FML, an employee must have been employed by the City for a period of twelve months
and have worked for at least 1250 hours during the 12-month period immediately preceding the leave.
FML may be gra~ted for the following reasons: ( 1) the birth of a 9hild to an employee or placement of
a child with an employee in connection with the adoption or foster care; (2) to care for a child, parent,
spouse or domestic partner who has a serious health condition; or (3) for the employee's own serious
health condition that makes the employee either unable to work at all or unable to perform one or more
of the essential functions· of the position assigned. ·
2. Amount of FML. Eligible employees are entitled to FML totaling twelve (12) weeks within a 12-month
period. The 12-month period within which the leave must be taken begihs on the date the employee's
leave begins and concludes 12 months after that date. This leave shall be concurrent with any
disability leave associated with pregnancy, childbirth, or related pregnancy conditions as provided in
the City's Pregnancy Disability Leave (POL) Policy. ·
3. Intermittent leave. When medically necessary (as certified by a health care provider), leave may be
taken on an intermittent or reduced leave schedule. "Intermittent leave" is. leave taken in separate
blocks of time due to a single event, rather thah for one continuous period of time, and may include
periods of not less than 1/4 of an .hour and up to several weeks. The City may require an employee·
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who is on a reduced work schedule or intermittent leave to temporarily transfer to an alternative
position, with the same pay and benefits,. if the alternative position better accommodates the required
work schedule than the employee's usual positi9n.
4. Notice of leave. An employee must provide at least thirty (:}O) days advance written notice of the
need for FML whenever possible. If thirty (30) days notice is not possible, the employee must give
notice as soon as possible. · If the employee fails to give thirty (30) days advance notice for
foreseeable events without any. reasonable excuse for the delay, the City reserves the right to
postpone the leave until at least thirty (30) days after the written notice was received.
5. Statement of health care provider. When the leave is for a serious health condition, a heqlth care
provider must provide written certification to support the request for leave. The statement for an
employee's serious health condition shall specify the commencement date of the event which prevents
the employee from performing the functions of his/her position, the anticipated duration of the leave,
and a statement that the employee is unable to perform the essential functions of his or her position.
The statement for the employee to attend to a family member shall state the date of commencement of
the serious health condition; the probable duration of the condition; an estimate of the amount of time
that the health care provider believ~s the employee needs to take in order to care for. the family
member; and that the serious health condition warrants the participation of the employee.
If the FML request is for the employee's own serious health condition, the City may require, at its
expense, a second opinion from a health care provider designated by the City. The health care
provider designated by the City wil! not be one wno is employed on a regular basis by the City. If the
. second opinion differs from the first opinion', the City may require, .at its expense, that the employee
obtain a third opinion by a health care provider approved jointly by the City and the employee. The
third opinion shall be considered final and binding on the City and the employee.
A new statement from a health care provider may be required if the employee requests an extension
to the leave requested in the original statement.
The City does not require the certification disclose the underlying diagnosis without consent from the
employee.
6. Pay during leave.· FML is unpaid except to the extent the employee elects to substitute accrued paid
leave time. An employee may use accrued sick leave when the FML is for the employee's or the
employee's family member's serious health condition. An employee may substitute accrued vacation
leave, compensatory time off and/or paid administrative leave for any FML The substitution of paid
leave time does not extend the 12-week maximum le 9ve time.
7. Insurance benefit premiums during FML An employee is eligible for the same insurance benefits
and premium payments for each benefit during FML as if the employee were not on leave, for a
maximum of twelve (12) weeks. An employee on unpaid leave beyond the twelve (12) weeks is no
longer considered on FML and; therefore, if the employee wishes to continue health insurance
coverage he or she may do so at his or her expense, at the City's group rates. The employee must
arrange for payment of his/her premium contribution, in advance. A lapse in insurance coverage will
occur if a premium payment is more than 30 days late.
8. Other benefits during FML During any portion of FML for which an employee substitutes other paid
leave benefits, the employee will continue to accrue paid leave benefits (i.e., sick leave, vacation
leave), seniority, and other benefits to the same extent that the employee would accrue those benefits
if not on FML. Employees on FML are not eligible for holiday pay (e.g. paid for holidays worked} for
holidays that fall during FML ·
9. Reinstatement. Except as provided in Section 21.3.7, an employee who takes FML shall be eligible
for reinstatement to the employee's former position at the former rate of pay. However, if the position
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is not available due to business necessity, the City may instead offer the employee a job that is
comparable in terms of pay and duties. An employee retains the same right to employment as if not
on FML.
If an employee fails to report to work promptly at the end of FML, the employee will be assumed to
have abandoned his/her employment unless additional leave has bee~ approved.
10. Reinstatement for key employees. If reinstatement of a key employee causes a substantial and
griE:vous economic hardship to the City, the City may deny reinstatement of the key employee to the
position held at the time FML was requested. A key employee is defined as an employee who is paid
on a salary basis and is among the highest paid 10 percent (10%) of all City employees as determined
at the time of the request for leave.
11. Statement regarding return to work. If the employee takes FML leave for his or her own serious
health condition, the City requires a statement by the employee's health care provider that the
employee is fit to return to his/her job.
12. Other work. The City shall take appropriate disciplinary action if it determines that an employee has
engaged in other work during a FML that is inconsistent with the employee's use of FML.
13. Definition of health care provider. A health care provider as used herein means a person holding
either a physician's and surgeon's certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person whb
meets the definition of others "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
G. Pregnancy Disability Leave -
1. Eligibility. Any employee who is disabled from working due to pregnancy, childbirth or related
medical conditions is eligible for Pregnancy Disability Leave (POL}.
2. Amount of PDL POL will be allowed for the period of disability but not to exceed four (4) months (88
working days for full-time employees and pro-rata for part-time employees). POL may be taken on an
intermittent or reduced hour basis when determined medically advisable by the employee's health care
provider, e.g., for morning sickness, prenatal doctor's appointments. The smallest increment of time
that can be used for such leave is 1/4 of an hour. The City may require an employee who is on a
reduced schedule or intermittent leave to temporarily transfer to an alternative position if the
alternaUve position better accommodates the required work schedule.
3. Notice of PDL. Whenever possible, an employee must provide at least thirty (30) days advance
written notice of the need for POL If thirty (30) days notice is not possible, notice must be provided as
soon as possible.
4. Transfer privileges. Employees who are pregnant or have a pregnancy-related medical condition ·
may request a transfer to a less strenuous or 'hazardous position or to less strenuous or hazardous
duties, if such a transfer is medically advisable and can be reasonably accommodated. Where
transfers are made based on the employee's health needs, the employee will receive the pay specified
for the alternate position and/or duties. · ·
5. Statement by health care provider. An employee requesting POL shall provide the Human
Resources Department with certification from her health care provider stating the anticipated delivery
date and ,estimated dates and duration of the disability. If there is a change in diagnosis, and the dates
are either accelerated or delayed, notification from the health care provider is required.
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A health care provider's statement must be submitted verifying the need for pregnancy disability leave
or for transfer, stating the following:
a. The date on which the employee became disabled due to pregnancy, childbirth or related medical
condition or the date on which the need for a transfer became medically advisable;
b. The probable duration of the period or periods of disability or the need for transfer; and
c. A statement that, due to the disability, the employee is uriable to perform one or more of the
essential functions of her position without undue risk to herself and, the successful completion of
her pregnancy, or that transfer is medically advisable.
A new statement may be required if the employee requests an extension of time beyond that
specified in the original statement.
Any changes in the information contained in the health care provider's statement must be
promptly reported by the employee to the Human Resources Department.
6. Use of accrued leave while on pregnancy disability leave. An employee may use any combination
of accrued paid leave during the duration of POL. The substitution of paid leave does not extend the
maximum length of a PDL.
7. Insurance benefit premiums during PDL. An employee will rece.ive the same insurance benefits
and premium payments during POL as if the employee were not on leave, for a maximum of twelve
(12) workweeks. An employee on unpaid POL beyond this period may continue health insurance or
other benefit coverage at own her expense, at the City's group rates. The employee must arrange for
payment of the premium contribution in advance. A lapse in insurance coverage will occur if a
premium payment is more than 30 days late.
8. Other benefits during PDL. During any portion of POL for which an employee substitutes other paid
leave benefits, the employee will continue to accrue paid leave benefits (i.e., sick leave, vacation
leave), seniority, and other benefits to the same extent that the employee would accrue those benefits
if not on POL. Employees on POL are not eligible for holiday pay (i.e.· pay for holidays worked) for
holidays that fall during the PDL. · ·
9. Reinstatement. An employee who takes PDL shall be eligible for reinstatement to her former position
at her former rate of pay. However, if the same position is no longer available due to business
necessity, the City may instead offer a job that is comparable in terms of pay and duties.
If an employee fails to report to work promptly at the end of PDL, the employee will be assumed to
have abandoned her employment unless additional leave has been approved.
10. Statement regarding return to work. The City requires an employee returning from POL to provide
a statement from a health care provider that certifies the employee's fitness for duty. ·
11. Other work. The City shall take appropriate -disciplinary action if it determines that an employee has
engaged in other work during a PDL that is inconsistent with the employee's use of POL.
12. Definition of health care provider. A health care provider as used herein means a person holding
either a physician's and surgeon's certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person who
meets the definition of others "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
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H. Work-Related Injury And Illness Leave -
1. Eligibility. All City employees are covered by Workers' Compensation Insurance. All regular
employees are eligible for industrial sick leave as provided in the current applicable memorandum(s)
of agreement.
. 2. Reporting accidents and mJunes. An employee who is injured or becomes ill in the course of
employment must immediately report the incident to the employee's supervisor. The supervisor must
provide an Employee's Claim for Workers' Compensation Benefits form to the injured/ill employee for
completion as soon as possible, Within 24 hours of receipt from the employee, the supervisor must
submit the completed supervisor's report of injury to the Human Resources Department. An employee
who fails to promptly report a work-incurred injury or illness to his or her supervisor may be subject to
dis~ipline, up to and including termination.
3. Temporary disability benefits. An employee eligible for temporary disability payments under the
Workers' Compensation Law will receive the amount as provided by that law.
4. Salary continuation integration with accrued leave. Employees receiving temporary disability
payments under the Workers' Compensation Law may elect to use accrued paid leave benefits at the
same time they are receiving temporary disability, but only up to an amount which, when combined
with temporary disability payments, does not exceed one hundred (100%) percent of the employee's
normal salary. Accrued leave hours shall be charged to the extent of wages paid by the City to the
employee.
5. Termination after work-related injury or illness. Unless otherwise prohibited by law, an employee
may be terminated after the treating physician's finding that the employee's condition is "permanent
and stationary" and that the disability precludes the employee from doing the essential functions of the
job. · ·
6. Anniversary date. A regular employee who is absent from work as the result of a work-incurred injury
or illness shall retain his/her anniversary date. An employee who has not completed the probationary
period is ineligible for certification to regular status during leave for a work-related injury or illness and
the date for completion of the probationary period will be extended to reflect the amount of time absent
on such leave.
I. Witness Duty -
. An employee who is required to appear as a witness or to otherwise participate on behalf of the City in any
judicial or administrative proceeding shall receive pay as though at work for time spent in the proceeding.
The employee must remit any witness fees received to the Finance Department, Payroll Office.
An employee subpoenaed to appear in a proceeding in which the City is not a party shall be granted leave
without pay during the time required for that appearance, except where necessary to maintain the
employee's exempt status under the Fair Labor Standards Act The employee may use accrued vacation,
· adm_inistrative leave or compensatory time for this purpose.
J. Jury Duty-
All regular and probationary employees called to jury duty will be granted a paid leave. A copy of the jury
summons must be given to the Human Resources Department. The employee shall receive full pay for the
time served on jury duty, provided the employee remits to· the City all fees as soon as received by the
employee for such duties. Compensation for mileage or subsistence allowances shall not be considered as
a fee and shall be retained by the employee. ·
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All other employees will be granted leave without pay except where necessary to maintain the employee's
exempt status under the Fair Labor Standards Act
If an employee is required to report to jury duty within 2 hours of the scheduled start of the workday, the
employee is not required to report to work at the start of the workday, but shall report directly 'to jury duty. If
an employee· is released from jury duty with more thari one-half of his/her workday remaining, the
employee is required to report to work to complete the regularly scheduled workday.
K. Unpaid Administrative Leave -
1. · Eligibility. Upon written request of an employee, the Personnel Officer may approve in writing an
unpaid leave of absence without pay for a period not to exceed six (6) months.
2. Reason for leave. Unpaid Administrat.ive Leave will be granted for the following purposes:
a. School visit leave. An employee who is a parent, grandparent, or duly appointed guardian with
custody of a child in a licensed day care facility or in kindergarten through 1 ih grade will be
granted up to 40 hours in a 12-month period (not to exceed 8 hours in one month} to visit the
school site, if reasonable prior notice is given to the Personnel Officer. Additionally, a parent,
grandparent, or guardian of a _child may take time off to appear at a school in connection with the
suspension of a child. The employee may use accrued leave for school visits. If accrued leave is
exhausted, the Personnel Officer may allow the employee to work an alternative schedule to
accommodate the leave or provide leave without pay.
Written proof of the date and time of the visit signed by an appropriate school official may be
required to be provided to the Personnel Officer on return to the job.
b. Voting leave. Any employee, if he or she does not have sufficient time outside of working hqurs
to vote, may request up to two (2) hours of accrued paid leave either at the beginning or end of
scheduled working hours to enable the employee to vote. If the employee has no accrued paid
leave, time off shall be granted without pay except where necessary to maintaio exemptions
· under applicable state and federal wage and hour laws.
c. Domestic violence leave. An employee who is the victim of domestic violence may take unpaid
. leave or use any available paid time off benefits to ensure his/her health, safety or welfare, of that
of his/her child, by obtaining a temporary restraining order, a restraining order, or other court
assistance. Additionally, an employee may take leave to seek medical or psychological
treatment, to obtain necessary social services, and/or to participate in safety planning or take
o'ther actions to increase safety. The employee must provide reasonable notice of the need for
such leave and shall provide evidence satisfactory to the Personnel Officer of participation in one
· or more of the activities specified in the preceding sentence.· The amount of leave provided shall
be in accordance with Labor Code section 230 .1.
d. Crime victim assistance leave. An employee who is the victim of a crime, the immediate family
member of a victim, a registered domestic partner of a victim, or the child of a registered domestic
partner of a victim may take an unpaid leave or any available paid time off benefits to attend
judicial proceedings related to that crime.
e. Emergency duty and training leave. Volunteer firefighters and other emergency personnel may
take an unpaid leave or use accrued leave to perform emergency duty. Volunteer firefighters
may take up to 14 days leave per calendar year to engage in training. The employee must
provide reasonable notice to the Personnel Officer of the need for such leave and shall provide to
the Personnel Officer satisfactory evidence of participation in the emergency duty or training.
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f. Miscellaneous leave. In addition to the leaves described above, the Personnel Officer may
approve other requests for unpaid leave at his/her discretion.
L. Health Insurance Benefits -
1. Benefits. The City provides group medical, dental, and vision insurance to eligible employees and
their dependents and domes.tic partners (effective January 1, 2005) as detailed in the applicable
MOAs and City Council resolutions outlining conditions of employment and benefits. The Personnel
Officer shall maintain records of the terms and conditions of the health insurance and other benefit
contracts, benefit levels, and administration procedures. More detailed information regarding these
benefits is set forth in the official plan documents and insurance policies that govern the plans. If there
is any actual or apparent conflict between the brief summaries contained in this policy and the terms or
limitations of official plan documents, the provisions of the official plan documents will prevail.
Employees who wish to inspect those documents may make an appointment with the Personnel
Officer for that purpose. Due to changes in MOAs, terms, conditions, benefit levels and
administration requirements may be adjusted from time to time.
2. Commencement of benefits. The benefits described in this section shall begin the first of the month
following the first day of employment or on the date-of-hire if it occurs on the first of the month.
3. Health insurance waived by certain employees. The City provides eligible employees alternative
medical benefits when the employee has coverage from another source and the employee waives
benefits under the City's plan. These alternative benefits are described in Resolution No. 96-203.
4. C.0.8.R.A. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires the City
to offer employees and their eligible dependents an opportunity for a temporary extension of health
coverage upon separation of employment or loss of dependency status. The specific provisions and
restrictions of the Act are available from the Human Resources Department.
M. Miscellaneous Employee Benefits -
1. Disability wage plan. The City provides a disability wage plan to regular full time and part-time
employees. Benefits and conditions of the plan are more specifically described within the City's
Disability Wage Plan document available upon request from the Human Resources Department.
2. Long-term disability insurance. City provides long-term disability insurance to regular full-time and
regular part-time employees. The purpose of LTD insurance is to provide eligible employees with a
percentage of normal income when an injury or illness occurs on or off the job. The City provides two
different LTD plans. The terms of the specific plan can be found in the applicable MOA or applicable
resolution outlining conditions of work and benefits. The terms and conditions of this benefit may be
modified from time to time in the event that the City changes carriers.
When an employee is receiving benefits from other sources, the total amount of compensation
received by the employee, including LTD benefits, shall not exceed one hundred percent (100%) of
the employee's normal monthly income.
3. Catastrophic reave program. The catastrophic leave program provides additional paid leave time to
eligible employees suffering from financial hardship and who otherwise meet the criteria of the
program. Please refer to Resolution 01-270 for the details of this program.
4. Employee Assistance Program (EAP). The City provides, at no cost to all regular full-time and all
regular, 12-motith part-time employees, legal dependents, and domestic partners (per AB 205
effective January 1, 2005) an employee assistance program. The program provides access to
professional counselors and therapists to assist employees in resolving stress resulting from personal
issues, substance abuse, grief or work-related issues. Any information provided to a counselor or
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therapist is confidentiaL No information is provided to the City regarding an eligible member's use of
the EAP_ To make an appointment with a counselor call Cigna Behavioral Health at (888) 371-1125.
For more information, contact the Human Resources Department.
5. Health Care Tax-free dollar account program. This program allows permanent full-time or part-time
employees to set aside a maximum of $3,000 per calendar year of before tax wages for medical
premiums, co-payments, or out of pocket medical costs, as authorized by the Internal Revenue
Services and the California Franchise Tax Board. A regular employee becomes eligible on date of
hire. Employee participation in this program is coordinated through the Finance Department. The tax
deferral limits are subject to change due to changes in federal and/or state law.
6. Dependent Care Assistance program. This program allows eligible full-time or part-time employees
to set aside a maximum of $5,000 per calendar year before tax wages for child care expenses as
authorized by the Internal Revenue Services and the California Franchise Tax Board. A regular
· employee becomes eligible on date of hire. Employee participation in this program is coordinated
· through the Finance Department. The tax deferral limits are subject to change due to changes in
federal and/or state law. ·
7. Deferred income program. The City participates in a deferred income program now being
administered by National Deferred and ICMA. This program allows eligible full-time or part-time
employees to set aside a maximum of $13,000 per calendar year ($14,000 in 2005, $15,000 in 2006}
of before tax wages for post-retirement income as authorized by the Internal Revenue Services and
the California Franchise Tax Board. A regular employee becomes eligible on date-of-hire. Employee
participation in this program is coordinated through the Finance Department. The tax deferral limits
are subject to change due to changes in federal and/or state law.
8. Hepatitis B program. Belowis an explanation of the City's Hepatitis B Program.
Employees who may have to perform first aid as a regular job duty or are in positions which might
expose them to bodily fluids need to be offered the Hepatitis B Immunization Program per the City's
Blood-borne Pathogens Program.
These job classifications are:
Public Safety Officer
P.S. Sgt.
P.S. Lt.
P.S. Division Commander
Director of Public Safety
Community Services Officer
Evidence Technician
Property Specialist
Vol .. Auxiliary Firefighter
.Reserve Officer
Seasonal Maintenance Assistant
Maintenance Helper
Maintenance Worker I
Maintenance Worker II
Public Works Services Supervisor
Recreation Supervisor
At the time of the pre-employment physical, the candidate has a blood test that lets the City know if
they have the Hepatitis B antibody. At the employment orientation, Human Resources Department
provides the new employee (if they are in one of the jobs classes listed above) information on what
Hepatitis B is and a check-off form, which indicates whether or not they wish the 3-shot immunization
program. Human Resources (HR) logs in the employee's response in its safety records.
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Employees who wish the 3-shot Hep. B series go get their shots, inform HR when they received each
shot, and turn in their receipt for reimbursement. Employees with Kaiser insurance can get them free
of charge through Kaiser as preventative care and necessary due to their job class. Employees with
Blue Cross insurance are instructed to get their shots at the County Health Dept. and submit their
receipt for reimbursement. It is important that the employees not miss an appt. for a shot as they
might have to repeat the series. There are specific timeframes for each shot.
If an exposure incident occurs at work, under workers' compensation, the City has the employee
tested and if necessary they are given a Hep. B booster shot for additional protection.
SECTION 4 -IN-HOUSE RECRUITMENT
A. Transfer -If an employee is qualified, the Personnel Officer may approve the transfer of an employee from
one position in the City to another position in the same class or to another position in a different class with
the same maximum salary. ·
1. Types of transfers.
a. Voluntary request for transfer initiated by department supervisor and/or employee.
b. Involuntary transfer initiated by the Personnel Officer to better serve the needs of the City.
c. Transfers for disciplinary reasons are subject to the provisions of Section 8.
d. The Personnel Officer may transfer an employee to a class with a lower maximum salary with the
consent of the employee, provided the employee possesses the desirable qualifications for the
position to which he/she reassigned.
2. Process for transfers. Transfer process and approval is made as follows:
a, At least two weeks prior to the transfer, a notice will be sent to the affected employee(s) and
bargaining unit(s) stating the nature of the transfer and an explanation as to why the transfer is
necessary.
b. The employee has a right to respond in writing within five ( 5) workdays from date of noticR
c. The employee has a right, through their bargaining unit, to file a grievance within the time limits
established in the grievance procedure.
B. Promotion -
1. Qualifications. A person may be moved to a class with a higher maximum salary only if he/she has
the desirable qt1alifications for the higher class. These desirable qualifications are ascertained on the
basis of information obtained from application forms, tests, examinations, interviews, past performance
reviews or evaluations, and/or input from an employee's supervisor.
2. Internal/external recruitment. In filling vacancies for positions above entry-level, consideration will
. first be given to existing City employees. However, the Personnel Officer may recruit from outside
when the Personnel Officer determines that appropriately qualified City employees are not available to
fill the vacancy. The City reserves the right to conduct an open recruitment process to fill a vacancy in
a higher-level position or to fill the vacancy by advancement of a qualified employee that currently
occupies a lower-level position.
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3_ Request for eligible employees_ When a vacancy occurs, the Supervisor may request a list of
names of persons in City employ who qualify for promotion to the vacant position for consideration
from the Human Resources Department.
4_ Determining pay for promoted employees_ Refer to Section 2 -Pay Plans and Compensation, Part
B, Section 3_
c_ Trainee Program -In an effort to provide upward mobility opportunities for current City employees and to
provide employment opportunities to the general public, the Personnel Officer can add the word uTrainee"
to any classification, within the financial ability of the City, except those represented by a bargaining unit,
employed by the City and to recruit and select individuals to fill positions as deemed appropriate_
1 _ The training program provides an opportunity for a current employee to gain additional skills by:
a_ additional experience in a different classification;
b_ additional schooling;
c_ completion of an appropriate examination;
d_ obtaining a State certificate or license in a specific classification_
2_ Recruitment for these positions may be promotional or open as deemed appropriate by the Personnel
Officer and the Initial salary would be up to thirty percent (30%) below the beginning of the established
salary range_
3_ Transition from trainee classification may occur as early as six (6) months but no later than two (2)
years from the date of appointment Minimum qualifications for the position must be attained prior to
transition_ Transition may occur upon recommendation of the Supervisor and approval of the
Personnel Officer.
D-Apprenticeship Program -The City may establish an apprenticeship program in partnership with a local
school district, Sonoma State University, Santa Rosa Junior College, or an accredited trade schooL This
program would be conducted in cooperation with the applicable bargaining units_ ·
E. Probationary Period_ The probationary periods set forth in Section 5 also apply to all placements
resulting from the in-house recruitment process_
SECTION 5 -RECRUITMENT PROCESS
A. Announcement of Vacancies -Notices of employment opportunities in the City will be first announced in
house, via electronic mail, allowing current employees the opportunity to apply for the position_ The
announcement will also be posted in the City offices and publicized in any other ways necessary to attract
the best qualified candidates_
1 _ Open recruitment The Personnel Officer has the discretion to begin open recruitment outside of City
employ when he/she knows that the City does not have employees with the required knowledge or.
skills.
2_ Notices. Such notices list the classes in which vacancies are anticipated, specify the class title, salary
range, fringe benefits, the nature of work performed and the qualifications required for employment in
the class, tell when and where to file applications for employment, and give information about the
testing, scoring and selection procedure to be used.
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B. Applications -Every applicant responding to a City recruitment shan file an official City application form.
Applications shall be available in the City's Human Resources office. Applications and supporting
documentation filed with the City are the property of the City. Any information on the application will not be
made public.
1. Application form. The form by which a person applies for a position with the city is prescribed by the
Personnel Officer and requires information about the applicant's training, experience, qualifications
and any additional information the Per$onnel Officer deems pertinent to an evaluation of the
applicant's fitness for a position.
2. Deadline for filing applications. Applications and all required documents must be filed in the Human
Resources Department on or before the final filing date and time specified in the position
announcement.
3. Rejection of applications. The Personnel Officer may disapprove an application, disqualify an
applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed:
.. '
a. lacks any of the requirements established for the examination or position for which application
has been made;
b. excessively uses narcotics and/or intoxicating liquors to the extent that they are unable to perform
the essential functions of the position;
c. an employ~e that is not physically and/or mentally able to perform the essential functions of the
job, with or without reasonable accommodation; ·
d. has made any false statement or omission of any significant fact, or has practiced or attempted to
practice deception or fraud in the application, in declarations, or in securing eligibility or
appointment;
e. has directly or indirectly obtained information regarding the content of an examination to which an
applicant is not entitled; ·
L previously been dismissed for cause from any public or private employment or resigned to avoid
such dismissal;
g. has failed to submit a complete and/or signed application within the specific time limits;
h. has failed to reply within five (5) working days from the date mailing; to communications
concerning availability for employment;
i. has made himself/herself unavailable for employment by requesting that his/her name be
withheld from consideration.
j. for any material cause which, in the judgment of the Personnel Officer, would render the applicant
unfit for the particular position, including a prior resignation from City services accepted with
prejudice.
4. Criminal convictions. Convictions (including pleas of guilty and nolo contendere) may disqualify an
applicant from employment by the City. Criminal convictions do not necessarily disqualify individuals
from employment with the City. In determining whether an individual with a conviction is disqualified,
the Personnel Officer will consider the following factors:
a. the employment classification to which the person is applying, including its sensitivity,
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b. .nature and seriousness of the conduct,
c: the length of time since the conduct,
d. the age of the individual at the time of conduct,
e. circumstances surrounding the conduct,
f_ contributing social or environmental conditions, and
g. the presence or absence of rehabilitation or efforts at rehabilitation.
5. Employment of relatives. A position within the City will not be filled by an individual, where that
individual would be subject to supervision, evaluation, discipline, or decisions regarding compensation
by a close relative. No person will serve in a department where the Supervisor is a close relative or in
a division where the division head is a close reiative. For a definition of "close relative," see the
glo·ssary of terms at the conclusion of these rules.
6. Notification of disqualification. If an applicant is deemed disqualified for any of the above reasons,
the Personnel Officer will notify the applicant or eligible in writing at his/her last known address, of the
action taken. An applicant has the right to respond orally or in writing within five (5) working days from
the date of mailing to the Personnel Officer, with no further right to appeal.
C. Selection Procedure -The method used to select employees shall be impartial and shall relate to those
subjects which fairly measure the abilities to execute the duties and responsibilities of the classification in
which the vacancy exists. Selection procedures consist of one or more of the methods listed below. The
same method shall be applied equally in a single examination.
1. Application. Information the applicant supplies oil the City's application form, and any attachments
thereto will be reviewed under the supervision of the Human Resources Assistant or his/her designee
and the applicable department supervisor. The same criteria and point system is utilized for all
applicants for the same position.
2. Examinations. The selection techniques used in the examination process will be impartial, practical,
and related to those subjects which fairly measure the relative capabilities of the applicant examined to
execute the duties and responsibilities of the class, to which they seek to be appointed. Examinations
· may consist of, .but are not limited to, such techniques as written tests, personal interviews, skills and
performance tests, assessment centers, review of performance evaluations, evaluation of daily work
performance, evaluation of work samples.
3. Documentary evidence. Applicants for positions are required to provide documentary evidence of
education, training, or experience. The City reserves the right to re-test the skill level of any applicant.
4. Scoring and rating. The Personnel Officer will establish the relative. weights of examination and
other · components of a position. The basis of the final score will be included in the job
announcement. Scoring and rating systems may be numerical or non-numerical as determined by the
Personnel Officer.
a. Appointment preference on open/promotional recruitments will be extended to any regular City
employee. Regular city employees will be granted the following scoring preference: 1 % for each
year of service, with a maximum preference of 10%. Depending on the scoring established for
the classification recruitment, the preference may be expressed as an additional percentage or
additional points. See example below for detailed explanation.
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PERCENTAGE EVALUATION (sample)
Employee's Total Score=:: 80%
Years of City Service as a Regular Employee= 10 (calculates to an additional 10%)
Employee's Adjusted Total Score = 80% + 10% = 90% *
POINT EVALUATION (sample)
Employee's Total Points= 175 out of a possible 200
Years of City Service as a Regular Employee= 10 (calculates to an additional 20 points [200 x
10% = 20] .
Employee's Adjusted Total Score= 175 + 20 = 195*
*The combination of an employee's performance in the examination process and years of service
may give the employee a higher score than the maximum possible. In such a case, the employee
shall receive the actual score calculated above the maximum and be ranked accordingly.
Specifically, for the examples listed above, the employee achieving. the maximum score on the
percentage evaluation would receive a total score of 100% + 10% = 110%; and on the point
evaluation receive a total score of 200 + 20 = 220.
b. · In accordance with Resolution 2001-271, the City does not grant preferential status to any select
group of persons when applying for a position.
D. Interview Process -
1. Interview boards. The Personnel Officer will assemble and appoint interview boards. These boards
may be comprised of private citizens, experts in the field, members of another agency, City officers,
City employees;and/or bargaining unit representatives.
2. Interviewers remarks. Interviewers mark on forms provided the degree to which, in their judgment,·
each candidate possesses the desired qualifications. The interviewer's remarks will be translated into
a numerical score. Scoring sheet and interviewers' remarks are confidential.
E. Eligibility Lists -After each selection procedure has been completed, the Personnel Officer or his/her
designee will prepare an eligibility list containing the names of applicants who qualify for appointment to
positions in a particular class. ·
1. Ranking. Place the names of the qualified applicants ("eligibles") on the eligibility list in the order of
their final ranking, as determined by the selection process, with the highest rated eligible at the top of
the list. If more than one person has the same score, the names will be placed in alphabetical order.
2. Duration of list. The eligibility list remains in effect for a period of six (6) months, unless the
Personnel Officer extends this period, for a period hot to exceed (1) year. The Personnel Officer can
reduce the period if the list contains less than 5 names .. In the event of early cancellation of an eligible
list, the Personnel Officer will notify each person whose name appears on such list to this effect via
mail to his/her last known address. This notice is. to include an explanation as to why the time frame
has been changed.
3. Removal from list. An applicant may be removed from a given eligibility list by the Personnel Officer
for any of the following reasons:
a. appointment to the classification for which the eligible list was originally established;
b. request by the applicant for removal from the list;
c. failure to continue to meet any of the minimum standards established for the position for which
the eligible list was prepared;
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d. failure to contact the Personnel Officer within five (5) working days from the date of notice of an
interview or offer of appointment;
e. determination by the Personnel Officer that the applicant has violated one or more of the
. provisions of Section 5.B.4.
4. Vacancies. When a vacancy occurs in a class for which there is an eligibility list, the Personnel
Officer will. transmit the names, and ,all supporting documents, of all candidates with the top five
ranking scores on the eligibility list to the Supervisor for co.nsideration.
F. Appointment Process -All appointments to position vacancies will be made in accordance with these
rules and regulations. The power to appoint and dismiss City employees is vested in the City Manager
(Personnel Officer).
1. Vacancy. The vacancy will be filled by appointment of an eligible candidate from an appropriate
eligibility list, except as provided in 2 below.
2. Exceptions.
a. No eligibility list. The Personnel Officer may make a provisional appointment to a position if
there is rio eligibility list for the class and if the needs of the .service require that the position be
filled before a selection process can be completed. A provisional appointee must:
1. Meet the requirements of training and experience established for the position;
11. Not continue for more than thirty (30) days in the provisional appointment after an eligibility
list for the position has been established unless there are no eligibles on such eligibility list
who are available for or who wish to be considered for appointment to the position;.
111. The Supervisor may submit a written request and justification to the Personnel Officer to
extend the provisional appointment in six (6) month increments. No more than two (2)
extensions may be granted for each provisional appointment.
b. Emergency. In an emergency which threatens life, property, or the operation of necessary
municipal services, the Personnel Officer may employ an individual not on the eligibility list for not
more than thirty (30) calendar days.
3. Pay. A new appointee shall receive the minimum salary for the class to which the position is
allocated, except that:
1. In cases of extreme difficulty in filling a position, the Personnel Officer may approve
appointment at a salary above the minimum.· In such cases, all incumbent employees in the
class to which the appointment is made shall be placed on at least the same step of the
salary range_ as the new appointee; or
11. In hiring exceptionally qualified personnel, the Personnel Officer may approve appointments
at a salary above the minimum for the class.
G. Conditional Offer of Employment -An offer of employment is contingent upon the results ofthe following:
1. Reference checks. Prior to conducting reference inquiries a prospective employee will be required to
sign a release allowing the City to acquire information about the applicant from former employers .
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2. Medical examination. Applicants who have been offered a regular position with the City are required
to participate in a pre-employm~nt physical. ·
Each job classification has specific physical standards and are reasonably related to job requirements.
The city is notified only that the prospective employee is medically qualified, conditionally qualified or
disqualified; no other medical information will be released.
3. Fingerprints and criminal background check. All persons employed by the City will be
fingerprinted and law enforcement records checked for past criminal convictions. Information thus
obtained will be confidential. Employment of, and continuation of service of employees with a criminal
conviction must have the approval of the Personnel Officer as stated in Section 5.B.4.
H. Probation Period -The purpose of probation is to permit the employer to observe the employee on the job
and to evaluate performance. Probation is part of the promotional, training, testing and selection process.
The probation period begins on the date of appointment. It is the responsibility of the supervisor to
communicate with the employee in regards to his/her progress.
1. Duration of period. The probationary period is not less than twelve ( 12) months for miscellaneous
employees, riot less than eighteen (18} months for. dispatchers, not less than eighteen (18) months for
sworn Public Safety employees, · and not less than twenty-four (24) months for Management
employees. Employees who receive promotional appointments must serve another probationary
period of at least six (6) months for non-supervisory employees and twelve (12) months for
supervisory employees (includes management classifications}.
2. Leaves of absence during probation. If an employee is absent from work for longer than five (5) .·
working days during the probationary period, the City may extend the probationary period an amount
of time equal to the days missed if necessary in order to properly evaluate an employee.
3. Extension of probation period. All efforts will be made to sufficiently evaluate the probationary .
employee during .the assigned period. An extension of the probationary period may, however, be
recommended by the supervisor and/or Personnel Officer when cause exists. If additional time is
needed to evaluate the employee, the supervisor or Personnel Officer can extend the probationary
period for an additional period not to exceed three (3) months.
a. Extension of probationary period will be based on the written performance review.
b. · The performance review will take place ten (10) working days prior to the end of the initial
probationary period.
4. Rejection during probation period. During the probationary period, an emploY.ee may be rejected at
any time for any reason by the Personnel Officer. Employees who are dismissed during their
probationary period have no right to hearing or appeal. Notification ofrejection must be served to the
probationary employee in writing.
5. Promoted employees. A promoted employee who does not successfully complete the probationary
period will be reinstated to his or her former position or to a comparable position. If, however,the
employee is discharged for cause, the employee has no right to reinstatement.
6. An employee who successfully completes a probation period achieves regular status in his/her class
and is known as a regular employee.
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SECTION 6-SEPARATION AND REINSTATEMENT
An employee may be separated from employment by resignation, dismissal, retirement, or layoff on account of
lack of work or lack of funds. The dismissal for cause of regular employees will be in accordance with the
provisions of Section 8. Other separation procedures and reinstatement procedures are set forth below.
A. Separation and/or Resignation -An employee wishing to resign is required to notify his/her supervisor in
writing at least two weeks prior to their intended leave from City employment. A copy of the written
resignation will be given to the Personnel Officer and then placed in the employee's personnel file.
1. An employee who has resigned in writing may withdraw his/her resignation prior to the final date
stated on the letter of resignation. The withdrawal letter will also be placed in his/her personnel file.
2. An employee who leaves employment without so filing a written resignation and giving two (2) weeks
notice, as required above, will have this fact noted in his/her file and may be denied future employment
by the City.
B. Reinstatement -Upon application of a former regular employee, who has properly resigned, the
Personnel Officer may, at his/her sole discretion, approve reinstatement of the former employee as
provided below:
1. An employee separated from the City's employ for six (6) months or less may be reinstated without
competitive examination to the position held at date of separation, or to any other position within the
same classification for which the employee would have been eligible at time of separation. Former
regular full-time City employees returning to City service within the six (6) month period will be granted
the full benefits they were receiving at time of separation as 1f there was no break jn service.
2. An employee separated from the City's employ for over six (6) months who is reinstated shall be
treated as a new employee.
3. The City will reinstate into the position from which he/she has been promoted any employee who fails
during a promotion to which he/she has been promoted. · ·
4. Any employee who resigns without proper notice or resigns during an investigation or disciplinary
action will not be eligible for reinstatement. ·
5. An employee who is granted an authorized leave to which he or she is entitled under a federal, state
or local law requiring reinstatement shall be reinstated to his/her former position as provided by law.
C. Layoff -Whenever it becomes necessary to reduce the number of employees due to lack of work,
economic considerations, changes in mission, technological changes, or as determined by the Personnel
Officer based on other factors or when a position in the classified services is to be temporarily or
'permanently abolished, the Personnel Officer will notify the Human Resources Department the number of
employees to be laid off or the names and number of positions to be abolished. The purpose of the
procedures set forth below is to establish equitable standards to regulate such layoffs. The City's decision
to· reduce its work force is a management right, thus no due process or grievance . procedures apply, and
the decision is not subject to "meet and confer" requirements. These procedures apply only to regular
employees (full or part time) and probationary employees (initial or promotional/transfer).
1. Identification. The Personnel Officer on the basis of the administrative needs of the City determines
the departments and positions subject to layoff, ·
2. Order of layoff:
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a. Within a classification, those employees who are probationary employees in their initial
probationary period will be laid off first, followed by employees in a . promotional or transfer
probationary period.
b. The order of layoff for regular employees within a department will be determined by considering
business necessity, each employee's job performance and competence, and seniority.
1. "Seniority" for purposes of this Section shall be determined by adding together all time spent
in City service, in whatever capacity, expressed in terms of years, months, and days. The
seniority calculation shall not include disciplinary time off without pay or time spent on unpaid
leave (unless federal or state law requires it to be included in the seniority calculation).
n. Once seniority determinations have been made, layoffs are made in reverse seniority order
(i.e. the most junior employees are laid off first).
m. Ties in seniority shall be resolved by the Personnel Officer, taking into account the past
performance, disciplinary actions (if any), supervisor recommendations, and such other facts
as will result in the City retaining the most qualified and efficient employees.
. . .
3. Notice. Employees shall be given at least ten (10) business days' written notice prior to the effective
date of the pending layoff. A copy of the notice shall be retained in the employee's personnel file.
4. Exclusions. In certain instances, there may be exceptions made in the order of layoff outlined above.
These exclusions would be made when:
a. specialty position when qualifications for the position could not be easily obtained through a short
orientation orfamiliarization period.
b. transfer in lieu of layoff. Within the affected department or departments, a regular employee who
is scheduled for layoff may be offered a voluntary reduction in classification to a lower level job
classification provided he/she meets the minimum qualifications, and/or obtain proficiency
through a short orientation period.
c. a voluntary reduction by taking early retirement and/or "golden hand shake".
5. Retreat rights/voluntary demotion in lieu of layoff.
a. An employee who would otherwise be laid off has the right to retreat to a vacant position which he
or she previously held, provided the employee meets the current minimum qualifications for the
position.
b; An employee who wo1,1ld otherwise be laid off has tlie right to retreat to another position in the
same classification series orto any position the employee has previously held and for which the
employee is qualified that is occupied by an employee of lesser seniority. The result is that the
more senior employee "bumps" the junior employee, who then is entitled to the retreat/demotion
C.
d.
rights set forth herein. ·
An employee who would otherwise be laid off may request to be temporarily demoted to any
vacant position for which the employee is qualified. ·
. . '
An employee who. wishes to exercise any of.the rights set forth in this subsection 5 must so notify
the Pe·rsonnel Officer in writing within five (5) business days of receiving the notification of
pending layoff.
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e. An employee who retreats or is demoted to a position as provided herein must serve the
probationary period applicable to the new position unless the employee previously completed the
probationary period in that position.
6. Reinstatement lists. The names of regular employees who have been laid off, including those who
have accepted a demotion or retreated to another position are to be placed on a layoff reinstatement
list by seniority within the classification from which the employees were laid off: An employee's name
remains on this list for a period of one (1) year from date of layoff; an employee's name may be
removed for any of the following reasons:
. a. Reappointment.of the employee to his/her former classification
b. Notification from employee that he/she is no longer interested in returning to the City.
c. Inability to contact the employee by mail or phone at the employee's last known address in the
. employee's official personnel file.
d. Rejection by the employee of an offer of employment within the same job classification. Failure to
respond within five (5) business days c:>f the offer shall be deemed a rejection.
7. Offer of reinstatement. If the position previously held by a la)d off employee becomes vacant, or if.
another position within the same classification series becomes vacant, then the employee with the
most seniority on applicable reinstatement list shall be offered the vacant position.
8. Restoration of benefits upon reinstatem.ent. When an employee is reinstated to employment after
layoff, all his or her prior service shall be counted toward the calculation of leave accruals and
seniority. Any unused sick leave which the employee had accrued at the time of layc:>ff shall be
restored.· If an employee is reinstated to a position in which he or she was serving a probationary
period at the time of layoff, all time on probation previously completed prior to layoff shall be counted
toward determining when the probationary period ends.
SECTION 7 -INCOMPATIBLE ACTIVITY/CONFLICTS OF INTEREST
A. Incompatible Activity -Certain activities are incompatible with ethical, effective employment with the City:
All City e·mployees are prohibited from:
1. Participating in improper political activity prohibited by the federal Hatch Act or pertinent provisions of
_State Law including the California Government Code; · ·
2. Using for private gain or advantage the influence of a City position or the facilities, equipment and
supplies of the City;
3. · Soliciting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City;
4. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business· contacts with the City in excess of the Conflict of Interest guidelines established in the
Rohnert Park Municipal Code Chapter 2.60;
5. Divulging confidential information to anyone to whom issuance of such information has not been
authorized; or
6. Participating in any employment or other activity, which will prevent an employee from doing his/her
City job in an efficient and capable manner, is illegal pursuant to state or federal law, or which might
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result in a conflict of interest between the employee's private interests and his/her official duties and
responsibilities.
B .. Outside Employment -City employees are expected to work for the City's bests interests and to devote
their best energies and skills to their positions. · For this reason, City employees are prohibited from
accepting outside employment that could conflict with the best interests of the City or interfere with the
employee's ability to perform his or her City position. Examples of such prohibited outside employment
include, but are not limited to:
1. jobs/business conducted during the employee's work hours with the City;
2. jobs/business that prevent the employee from being available for necessary overtime or emergency
work period outside his or her normal working hours when such overtime or emergency duty is a
regular part of his or her job;
3. business conducted using City facilities, resources or equipment (including telephones, computers,
supplies, etc.)
SECTION 8 -DISCIPLINARY ACTION
City employees are expected to meet certain standards of job performance, interpersonal interaction, and
conduct. The City may discipline any employee whose conduct or performance fails to meet reasonable City
standards, i.e, for cause. Discipline may be imposed for a single incident or for a pattern of conduct. The
specific discipline imposed is intended to focus the attention of the employee on the performance or conduct
problem and, except in cases of discharge, to encourage changes in behavior. · ·
Disciplinary actions include but are not limited to: counseling, oral reprimand, written reprimand, reduction in
pay, suspension without pay, reassignment, demotion, and discharge. Although the City generally applies the
concept of "progressive discipline," discipline may include any one or any combination of actions, and the
actions need not necessarily be applied in a defined order. Instead, the discipline imposed will be determined
according to the severity of the infraction(s), regardless of whether prior discipline has been imposed.
Only regular employees who have successfully completed their probationary period have the right a to hearing
and appeal as described in this section. An employee not covered by this Section may be disciplined without
reference to these provisions; such an employee has no protected property interest in his or her employment.
A. Causes for Disciplinary Action -Any regular employe~ may be disciplined for "good cause". Good cause
is defined as reasons including; but not limited to, the following:
1. Fraud in securing employment;
2. Incompetence or inefficiency;
3. Failure to maintain required licenses, credentials, certificates or other conditions for employment as
specified in assigned classification;
4. Insubordination;
5. Dishonesty;
6. Neglect of duty, or inattention to/dereliction of duties;
7. Violation of City or Department rules and regulations, policies, procedures or general orders, wh.ether
oral or written;
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8. Disclosure of confidential personal information of another employee;
9. Negligent or willful damage to or waste of public equipment, property or supplies;
· 10. Improper or unauthorized use of City v.ehicles or equipment;
11. Misappropriation, theft, or embezzlement of City property and/or funds;
12. Unlawful harassment or discrimination, or the failure to cooperate with the investigation of harassment,
discrimination or other unlawful activities;
13. Possession of an open container, use of, or being under the influence of alcohol, non-prescription or
unauthorized narcotics or controlled substances during work hours;
14. Excessive tardiness or absences, except in the case of approved leave;
15. Absence without leave, not returning from an approved leave-of-absence or obtaining a leave-of-
absence under false pretense;
16. Soliciting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City;
17. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City in excess of the Conflict of Interest guidelines established in the
Rohnert Park Municipal Code Chapter 2.60;
18. Failure to observe safety regulations and practices, including the use of assigned personal protective
equipment;
19. Discourteous, unprofessional or abusive treatment of the public or other employees;
20. Use of abusive language;
21. Actual or threatened physical violence;
22. Conviction (including by plea of guilty or nolo contendere) of a felony or any crime involving moral
turpitude;
23. Conviction of a misdemeanor (including by plea of guilty or nolo contendere) that is ofa nature as to
adversely affect the employee's ability to perform the duties and responsibilities of his or her position.
B. Minor Discipline. -All supervisors are authorized to implement minor disciplinary measures. Minor
disciplinary actions are not subject to appeal. Examples of minor discipline include the following:
1. Oral reprimand. An oral admonition to an employee whose conduct or performance must be
improved and which details the areas for improvement, the degree of improvement required, and a
notice that failure to improve could result in more serious disciplinary action. Oral reprimands are
noted by the supervisor, but are not documented in the employee's personnel file.
2. Documented counseling. A written memorandum showing that the supervisor has met with the
employee to discuss a specific problem(s) or deficiency and which sets forth the recommendations
given to the employee to address the problem(s) or deficiency in order to improve performance.
Although a copy may be sent to the employee's personnel file, documented counseling memoranda
are typically maintained in the supervisor's file until they are included by notation in the employee's
formal performance evaluations.
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3. Written reprimand. A formal written notice to an employee stating the specific details concerning the
subject of the reprimand, summarizing previous related disciplinary action, if any, and describing the
plan for improvement. A written reprimand shall include the date of the reprimand and a statement
advising the employee that continued conduct or performance at such levels may result in more
serious discipline, up to and including discharge. At the time a written reprimand is issued, the
employee is entitled to bring a representative of his or her choice. The employee shall review the
reprimand and sign it and then .shall be given a copy of it. Written reprimands are not subject to
appeal, although an employee has three (3) working days following the date of a reprimand to submit
his or her own rebuttal comments, which shall accompany the reprimand in the employee's personnel
file.
4. Removal of minor discipline records. At the request of the employee, records of minor discipline
will be removed from the employee's personnel file three (3) years after the date of the written ·
reprimand or documented counseling. Records will be removed provided the employee has received
satisfactory performance reviews in· the subsequent three (3) year period from date of the written
reprimand/documented counseling and no further discipline has been initiated. The employee shall
initiate the request to remove records of minor discipline through his or her Department Head. The
employee's Department Head shall coordinate this request through Human Resources to ensure the
appropriate criteria has been met to remove the records .. Nothing in this section is intended to prevent
documentation of progressive discipline. · ·
C. Major Discipline -Major discipline may only be implemented by Department Heads. Types of major
discipline include the following:
1. Suspension. The temporary removal of an employee from the City service without pay for one (1) or
more working days. 'Working days" shall be determined by reference to the affected employee's
normal work schedule.
2. Merit decrease. A pay step reduction where performance falls short of the normal standards or where
performance is clearly inadequate in one or more critical job duties.
3. Demotion. The removal of an employee from one position and reassignment to one of lower grade or
classification. ·
4. Discharge. The removal of an employee from City service when it has been determined the
employee has been given a reasonable opportunity to conform his or her conduct to required behavior
or performance standards and has failed to do so, or where an employee has committed one or more
serious offenses for which no other disciplinary measure is appropriate.
D. Disciplinary Process -Major Discipline. Any imposition of major discipline must follow the procedures set .
forth below. ·
1. Notice. A written Notice of Intent to Discipline ("Notice of Intent") shall be prepared by the Department
Head in consultation with the Human Resources Department. The Notice of Intent shall state:
a. The specific type of disciplinary action proposed;
b. The effective date of the action;
c. The specific reason(s) or cause(s) for the actions;
d. A copy of all written materials upon Which the action is based, arid
e. Notice that, prior to the imposition of the major discipline, the employee has the right to respond
orally or in writing at an informal hearing to explain why the employee believes the proposed
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. . .
. major discipline should not be imposed. A request for such a hearing must be submitted in
writing within ten (10} working days of receipt of the Notice of Intent.
2. Informal hearing (i.e. Skelly hearing). At the employee's request, an informal hearing will be held
prior to the imposition of major discipline. This hearing is not an evidentiary hearing, but rather an
opportunity for the employee to present information as to why the proposed major discipline should not
. be imposed. Except by stipulation of the City and the employee, the hearing shall take place within
ten working (10) days of the employee's request for hearing, and it may be rescheduled only once at
the employee's request_ The following parameters apply to the informal hearing:
a. The hearing shall be conducted by a responsible person designated by the Personnel Officer.
b. The hearing shall include the employee, the employee's chosen representative(s) -(reasonable
number), and others as directed by the hearing officer. Absent extenuating circumstances, the
employee's failure to appear waives his or her right to such a hearing.
c. The hearing shall be tape recorded or stenographically recorded, and a copy of the tape
recording or transcript shall be provided to the employee upon request.
d. At the hearing, the employee shall be given an opportunity, either orally or in writing, or both, to
bring forward facts or circumstances which may cause the charges to be revised or dismissed. If
the employee's information is presented by his or her representative, all statements made by the
representative shall be attributed to the employee a$ if made by him or her personally, and it is
the employee's obligation to correct any misstatement(s) by the representative.
e. Following the hearing, the hearing officer will make a written recommendation to the Department
Head who issued the Notice of Intent as to whether the proposed discipline should be imposed,
modified, reduced or dismissed.
3. Notice of discipline. Following the informal hearing, if requested, the same Department Head who
issued the Notice of Intent shall consider the hearing officer's recommendation to determine how to
proceed. If he or she decides to dismiss the proposed discipline, written notice of the dismissal shall
be provided to the employee as soon as practicable. If the decision is to impose discipline either as
proposed or in some modified or reduced form, a written Notice of Discipline shall be pr~pared. The
Notice of Discipline shall state:
a. The specific type of disciplinary action that will be imposed;
b. The specific reason( s) or cause( s} for the actions, setting forth specific facts that form the basis
for the decision;
c. The effective date of the action; and
d. The applicable appeal rights available to the employee pursuaht to these Personnel Rules.
Disciplinary action becomes effective on the date stated in the Notice of Disciplinary Action,
notwithstanding an employee's timely request for an evidentiary hearing before the Personnel Officer.
E. Appeal from Major Discipline -Any employee on whom major discipline has been imposed shall be
entitled to an appeal hearing as set forth below.
1. Timing. An employee wishing to exercise the appeal rights provided in this Section must deliver a
written Notice c:if Appeal to the Personnel Officer within ten (10}. working days after the date of the
Notice of Discipline.
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2. Employee representation. Employees may represent themselves or be represented by legal counsel
or representative(s) of the employee's recognized employee organization.
3. Evidentiary hearing. An evidentiary hearing before a neutral hearing officer shall be arranged for by
the. Assistant City Manager or his/her designee and shall, absent extenuating circumstances, be held
within thirty (30) working days of the receiving the Notice of.Appeal. The hearing shall be closed and
confidential. Prior to the hearing, the Assistant City Manager or his/her designee shall supply the
hearing officer with (1) the Notice of Intent and any attachments, (2) the Skelly hearing officer's written
recommendation, and (3) the Notice-of Discipline and any attachments. Other hearing procedures are
as follows:
a. The employee's presence is required. Failur_e to appear at the appeal hearing unless physically
unable to do so shall be deemed a withdrawal of the appeal and a waiver of any further right of
administrative appeal.
b. The hearing shall be stenographically recorded.
c. Any and all witnesses other than the City's representative shall be excluded froin the proceeding
until called to testify, except as mutually agreed to by the employee and the City's representative.
d. Order of hearing shall be:
1. The City's representative, foHowed by the employee, may make preliminary opening
statements.
11. The City's representative may present oral or documentary evidence, or both, in support of
the City's position; the employee may cross-examine all witnesses called by the City.
m. The employee may present oral or documentary evidence, or both, in support of the
employee's position; the City's representative may cross-exa111ine all witnesses called by the
employee. ·
1v. The City's representative, followed by the employee, may make a closing statement.
e. The hearing shall be conducted in an efficient manner conducive to determining the issues,
however, the technical rules of evidence do not apply. Any relevant evidence may be admitted if
it is the sort of evidence on which responsible persons are accustomed to relying in the conduct
of serious affairs. Oral evidence shall be taken only upon oath or affirmation. Hearsay evidence
may be used for various purposes; however, hearsay standing alone and properly objected to
shall not be competent to prove a charge. Irrelevant and unduly repetitious evidence may be
excluded, as shall evidence that would violate other employees' rights to . privacy and
confidentiality of their personal information. The hearing officer (with adviee · of appointed
counsel, if necessary) shall rule on any objections made to the admissibility of evidence or
otherwise relating to the conduct of the hearing. ·
f. Following the conclusion of the hearing, the hearing officer shall prepare written findings and
recommendations and provide them to the City Manager: The hearing officer may recommend
changes to the proposed discipline. However, if the hearing officer finds that the underlying facts
giving rise to the charge(s) are proved by a preponderance of the evidence, the hearing officer
may not recommend a reduction in discipline if reasonable minds could differ as to the proper
level of discipline. If the hearing officer recommends a reduction in discipline, he or she must
make a specific finding that reasonable minds could not differ as to the appropriate level of
discipline and set forth the facts upon which he or she based such finding. If the hearing officer
finds that none of the charges are supported by the evidence presented, the recommendation
shall be that no disciplinary action be taken. ·
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4. City Manager's Determination. The hearing officer's findings and recommendations shall be
forwarded · to the City Manager for his or her review. The City Manager will follow the
recommendations of the hearing officer unless he or she can show cause that the hearing officer
abused his or her discretion.
a. The City Manager shall review the entire record (including the Notice of Intent, the record of
Skelly proceedings, the Skelly officer's written recommendation, the Notice of Discipline, the
evidence and record at the evidentiary hearing, and the appeal hearing officer's written findings
and recommendations). ·
b. The City Manager shall issue a decision imposing the disciplinary action he or she· deems
appropriate and in the best interests of the City.
c. The City Manager's decision shall be in writing and shall be final. I~ shall include a copy of the
appeal, hearing officer's findings and recommendations and shall be filed as a permanent record
in the employee's personnel file.
d. Notice of the City Manager's decision, along with a copy of both the City Manager's decision and
the appeal hearing officer's findings and recommendations, shall be served on the employee by
personal service or by registered or certified mail. The notice shall also include a statement of
the employee's right to seek judicial review within 90 days pursuant to Code of Civil Procedure
1094.6.
F. Use of paid administrative leave. Nothing in this Section is intended to abrogate the City's right to place
an employee on paid administrative leave during the investigation of circumstances that could lead to the
imposition of discipline or for any other reason that is in the City's best interests.
G. Disciplinary Action for specific employees of the Department of Public Safety.
Under California Government Code Section 3300, the State of California enacted the Public Safety
Officers' Procedural Bill of Rights (POBRA). As defined under California Government Code Section 3301,
the positions within the City that are covered by the POBRA are the following: Public Safety Officer
Trainee, Public Safety Officer, Public Safety Sergeant, Public Safety·s'upervisor (LT), Public Safety Division
Commander, and Director of Public Safety. It shall be the policy of the City to extend these same rights
and privileges to all non-safety members of the Rohnert Park Public Safety Officers' Association, except
those that· by their very nature could only apply to peace officers and/or firefighters. All subsequent
revisions to California Code sections 3300 et seq and Court interpretations of these statutes shall also be
binding on the City with respect to non-safety members of the Rohnert Park Public Safety Officers'
Association. ·
For safety and non-safety employees alike, .the phrase "locker, or othe·r space for storage that may be
assigned to him" as used in Government Code Section 3309 shall include, but is not limited to, a Public
Safety employee's assigned City vehicle and/or the enclosed spaces of an employee's assigned desk or
office area. Nothing in this section shall preclude the City from temporarily re-assigning a departmental
asset to meet a necessary operational requirement
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GLOSSARY -DEFINITION Of TERMS
ADMINISTRATIVE LEAVE -Absence with full pay and benefits, ordered by a Department Head or the City
Manager, when the City's interests require the employee to be away from the job.
ANNIVERSARY DATE-The date, which signifies the completion of each year of service by a regular employee
in a position and/or the date an employee starts his/her probationary period for either original, promotional, or
change in classification appointments.
APPLICANT -A person who has successfully completed and submitted an employment application for a
position for which the City is currently recruiting.
APPOINTMENT -The selection of,. and acceptance by, an applicant to a position in the City service in
accordance with these rules.
AVERAGE SCORE -Means the combined average of all-relevant, converted, and weighted scores obtained by
a candidate for a given classification or position title.
CALENDAR DAYS-.Consecutive days within a specific time frame and shall include.weekends and holidays.
CANDIDATE -An applicant for City employment who meets. the minimum qualifications of the position applying
for and has been selected to begin the testing process or a person on an eligibility list.
CFRA -California Family Rights Act, state law established in 1993, and is administered by the California
Department of Fair Employment and Housing.
CITY COUNCIL -The duly elected governing body ofthe city.
CITY MANAGER -The individual appointed by the City Council to manage all City operations, departments,
policies and rules.
CITY SERVICE -The entire employment system of the City. \ . .
CLASSIFICATION. -A group 'of positions sufficiently similar in respect to duties and respo~sibilities, that the
same descripttve classification title may be used to designate each position allocated to that class. The same
minimum qualifications may be required of incumbents of positions in the class, and the same examinations
may be used to choose qualified employees.
CLASSIFICATION SERIES -A group of classifications sharing similar functions but differing as to level of
complexity, difficulty and responsibility.
CLOSE RELATIVE -Relative shall mean spouse, 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.
COMPENSATION -Any salary, fee, or allowance paid to an employee for performing the duties and exercising
the responsibilities of a position.
DISCIPLINARY ACTIONS -Actions taken with the objective of obtaining employee compliance with rules,
orders, procedures, standards of conduct and/or expected job performance when non-disciplinary corrective
actions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action o~ its
own.
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/ .. -
DOMESTIC PARTNER -Two adults who have chosen to share one another's lives. in an intimate and
committed relationship of mutual caring. To be eligible both parties must file a Declaration of Domestic
Partnership with the California Secretary of State.
ELIGIBLE...,. A person whose name is on an employment list.
ELIGIBILITY LIST -A fist.that contains the names of qualified candidates, for a specific classification, who have
completed all examination processes and are ranked, in order of the score or rating received.
EMPLOYEE -Any person appointed to fill an authorized employment position in ihe City service. Elected
officials, volunteers. unpaid interns, and those appointed to advisory boards, committees, and commissions are
not employees. The categories of employees dre:
Regular: A regular employee is one who has passed probation and holds a regularly authorized position
with benefits. Regular employees may only be disciplined for cause. There are 3 types of regular
employees:
1. Regular full-time: a person who holds a budgeted (40) forty-hour per week position, with duties and
responsibilities that do not end in a specific time period, and who is entitled to full benefits with the City
pursuant to the applicable Memorandum of. Agreement or applicable Outline of Benefits for the
Management and Confidential Units~ ·
2. Regular part-time: a person who holds a budgeted position, with duties and responsibilities that do not
end in a specific time period, works for a specific number of hours, as defined, and fills out a timecard,
receives a salary and benefit package, proportioned to their agreed fixed work ratios (20 hours per
week receives 50% benefits; 30 hours per week receives 75% benefits) .
. 3. Specially-funded: a person who works in a regular full-or part-time position funded by sources other
than ,City revenues (e.g .• federal or state grants).
Probationary: A probationary employee is someone iri a regular full-or part-time position who is serving a
trial period as provided in Sections 4 and 5.
Sp~cial: A special employee is one hired for a special purpose to meet the needs of the City. Special
employees include:
1. Provisional employees -i.e. an employee who meets the minimum qualifications for a position and
who is appointed on an interim basis until the vacancy can be filled.
2. Seasonal employees -:-A temporary employee appointed to positions of limited duration of not more
than six (6) months within a twelve (12) month period. Seasonal employees do not participate in the
City's benefit programs.
3. Emergency employees -employees hired to meet the requirements of a .declared emergency which
· threatens life, property, or the general welfare of the City and whose position ceases when the
emergency ceases.
Probationary and Special Employees may be dismissed from such positions or disciplined with or without
cause~
ENTRY LEVEL -The initial position in a class series.
EXAMINATION -The process utilized to evaluate the relative skills and knowledge of an applicant for
prospective employment or current employee who has applied for a change in classification and/or promotion.
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Techniques utilized may consist of, but not limited to any of the following: traditional paper and pencil tests,
performance tests, skills test, or oral assessment. ·
EXEMPT -An employee in a specific classification who, according to the Fair Labor Standards Act (FLSA) is
exempt from the City's overtime policies and is compensated for overtime through Administrative Leave,
accumulated per specifications outlined in the MOA's and/or Outline of Benefits for the Management and
Confidential Units.
FAMILY AND MEDICAL LEAVE POLICY -Provides for employee leave during times of illness or family
emergencies. In compliance with California Family Rights Act and Federal Family Medical Leave As.t.
FMLA -Family Medical Leave Act. federal law established in 1993 and administered by the Department of
Labor.
GRIEVANCE -A complaint by an employee relating to wages, hours, and working conditions. Disciplinary
action cannot be grieved.
LEAVE-OF-ABSENCE WITHOUT PAY-'-Time away from work, which the employee has requested, and the
City Manager or his designee has approved, for which the employee is not paid and has the right to return to the
same position held before the leave was granted.
MEMORANDUM OF AGREEMENT (MOA) -A binding agreement on wages, hours, benefits, and other
conditions of employment for designated classes between the bargaining units and the City that have been
adopted by t_he City Council.
NOLO CONTENDERE -Latin for "no contest." In a criminal proceeding, a defe9dant may enter a plea of nolo
contendere, in which he does not accept or deny responsibility for the charges but agrees to accept punishment.
NON-EXEMPT -An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA)
is to receive overtime pay at 1 Y2 times normal pay for hours worked over 8, 9, 10 in a 24 hr. period and/or c1ny
hours worked over ·40 hours in a 7 day period, as outlined in the MOA's and/or Outline of Benefits for the
Management and Confidential Units.
PDL -Pregnancy Disability Leave, California law established in 1994, and administered by the California
Department of Fair Employment and Housing.
PERSONNEL OFFICER-,-Is the City Manager, and is responsible for the administration of all Personnel Rules.
Throughout these Personnel Rules, the term "Personnel Officer" denotes the City Manager or his or her
designee.
POSITION -A specific office or employment provided by the budget, whether occupied or vacant, calling for the
performance of certain duties. Positions may be regular full-time, regular part-time, seasonal, hourly, and/or
temporary.
PROBATIONARY PERIOD -A working test period during which an employee is required to demonstrate fitness
for the position to which appointed by actual performance in the position.
PROMOTION -The movement of a qualified employee from one class to another class with a higher maximum
rate of pay and greater job responsibilities.
REINSTATEMENT -The re-employment of an employee who has regular or probationary status in a class, who
has been laid off, is returning from an approved leave requiring reinstatement, or who has resigned in good
standing and who is entitled to preference in appointment to vacancies in that class. ·
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RPEA -Rohnert Park Employees' Association. The labor bargaining and representation unit for administrative,
technical ahd support employees .
. RPPSOA -Rohnert Park Public Safety Officers' Association. The labor bargaining and representation unit for
Public Safety Sergeants, Public Safety Officers, Public Safety Dispatchers, Communications Supervisor,
· Community Services Officers, Part-Time Dispatchers, and Public Safety Officer Trainees. ·
RULES -The Personnel Rules and Regulations of the City of Rohnert Park as contained in this document
·SALARY -A regular employee's base pay as approved by the City Council in the classification and salary plan
i.e. pay rates and ranges, computed on a monthly basis.
SALARY RANGES -The rate(s) assigned to a classification in the pay rates and ranges.
SEIU -Service Employees International Union Local 707. The labor bargaining and representation unit for
certain City employees in the Department of Public Works.
TEMPORARY APPOINTMENT -An appointment of limited duration in the absence of available eligible
employees or applicants.
TERMINATION -The ending of any employment relationship between an employee and the City.
TRANSFER -A change of an employee from one position to another position in the same class or another class
having essentially the maximum salary limits. and involving the performance of similar duties.
WORKDAY -Is a twenty-four (24) hour period beginning at the same time each calendar day.
WORKWEEK -Means any forty (40) hour period within seven (7) consecutive days starting with the same
. calendar day each week.
RESOLUTIONS EFFECTING PERSONNEL POLICY
RESO 79-22
RES092-78
RES092-79
RES093-38
RESO 99-01
RESO 91-192
-RESO 87-117
RES000-10
RES003-71
RESO 03-235
-EMPLOYEE GRIEVANCE PROCEDURE
EQUAL OPPORTUNITY EMPLOYER.
POLICY AGAINST DISCRIMINATION BASED ON DISABILITY -ADA
AGAINST HARASSMENT
ELECTRONIC MEDIA USE
ANTI-DRUG POLICY
DEPENDENT CARE ASSISTANCE PROGRAM
EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004)
PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE
CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING
OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEAL TH INSURANCE
PORT ABILITY AND ACCOUNT ABILITY ACT OF 1996
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RESOLUTION NO. 2004 -299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING REVISED PERSONNEL RULES AND REGULATIONS
WHEREAS, the City Council initially approved Personnel Rules and Regulations
on April 11, 1966 with the rules and regulations being presented as City Manager's
Administrative Policy No. 1; and
WHEREAS, the City Council approved revisions to the Personnel Rules and
Regulations on April 25, 1983; and
WHEREAS, the City Council approved further revisions to the Personnel Rules
a_nd Regulations on November 12, 1991; and
WHEREAS, the existing Personnel Rules and Regulations require updating to
be in compliance with current state and federal law; and
WHEREAS, the City consulted with McDonough Holland & Allen, the law firm
representing the City's legal interests, to provide recommendations on drafting revised
Personnel Rules and Regulations compliant with existing state and federal laws; and
WHEREAS, revisions are proposed to the existing Personnel Rules and
Regulations to ensure legal compliance, provide greater direction to City employees
regarding the City's personnel policies, and include policies enacted by the City
Council since 1991; and ·
WHEREAS, the revisions have been discussed with the employee organizations
as required by the meet and confer laws of the State and the revisions have received
approval by the employee organizations; and
WHEREAS, the City Council has been presented the revisions to the Personnel
Rules and Regulations and has found them satisfactory.
NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park City Council that
the Personnel Rules and Regulations presented as revised and dated November 9,
2004 are hereby approved.
DULY ANO REGULARLY ADOPTED this 9tti day of Novemb r, 2004.
ATTEST:
FLORES: AYE MACKENZIE: ABSENT SPRADLIN: AYE
VIDAK-MARTINEZ: AYE NORDIN! AYE -
'A YES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)