2021/06/22 City Council Resolution 2021-082 RESOLUTION NO. 2021-082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING A MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK PUBLIC SAFETY MANAGERS' ASSOCIATION (RPPSMA)FOR
THE PERIOD OF JUNE 22,2021 THROUGH JUNE 30,2025
WHEREAS, on June 22, 2021, the City Council approved a Tentative Agreement on a
Four Year Proposal with the Rohnert Park Public Safety Managers' Association which had been
ratified by the membership of RPPSMA; and
WHEREAS, in accordance with the terms and conditions of the Tentative Agreement,
staff prepared a final Memorandum of Agreement with the RPPSMA that requires no further
approval by RPPSMA 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 RPPSMA for the
Period of June 22, 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 22nd day of June, 2021.
CITY OF 0' ' PARK
if , ill
Arn„ ,41,
G rard *7 77 ► or
ATTEST:
Sylvia Lopez uevas, City Clerk
Attachment: Exhibit A
ADAMS:Alt( LINARES: .iADL STAFFORD: �'u'('t' ELWARD: GIUDICE:
AYES: ( 4 ) ES: ( 0) ABSENT: (t ) ABSTAI ( Z)
1
EXHIBIT A
M EMORANDUM OF A GREEMENT
Between
THE CITY OF ROHNERT PARK
and the
ROHNERT PARK PUBLIC SAFETY MANAGERS ASSOCIATION
(RPPSMA)
Effective June 22, 2021 – June 30, 2025
TABLE OF CONTENTS
1. HOURS, DAYS AND PERIOD OF WORK ........................................................................................... 1
2. HOLIDAYS ...................................................................................................................................... 2
2.1 Holidays Observed..................................................................................................................... 2
2.2 Proclaimed Holidays .................................................................................................................. 2
2.3 Day of Mourning ....................................................................................................................... 2
2.4 Alternate Day Off ...................................................................................................................... 2
3. ANNUAL LEAVE PROGRAM ............................................................................................................ 3
4. MILITARY TRAINING ...................................................................................................................... 3
5. FRINGE BENEFITS ........................................................................................................................... 4
5.1 Fringe Benefit Administration ................................................................................................... 4
5.2 Administrative Leave ................................................................................................................. 4
5.3 Catastrophic Leave .................................................................................................................... 5
5.4 Hearing Aid Benefit ................................................................................................................... 5
5.5 Paternity Leave.......................................................................................................................... 5
5.6 Light or Limited Duty ................................................................................................................. 5
5.7 Employee Death ........................................................................................................................ 5
5.8 Medical and Health ................................................................................................................... 6
5.9 Dental Insurance ....................................................................................................................... 7
5.10 Vision Insurance ........................................................................................................................ 7
5.11 Adoption Benefit ....................................................................................................................... 8
5.12 Death/Bereavement Leave ........................................................................................................ 8
5.13 Funeral Benefit .......................................................................................................................... 8
5.14 Long-Term and Short-Term Disability Insurance ........................................................................ 8
5.15 Life Insurance ............................................................................................................................ 9
5.16 Deferred Income ....................................................................................................................... 9
5.17 Retired, Deceased and/or Permanently and Totally Disabled Employees .................................. 9
5.18 Clothing Allowance .................................................................................................................. 11
5.19 Education and Training ............................................................................................................ 12
5.20 P.O.S.T. Certification Pay ......................................................................................................... 12
5.21 In-District Pay .......................................................................................................................... 12
5.22 Retirement Programs .............................................................................................................. 12
5.23 Dependent Care Assistance Program ....................................................................................... 14
5.24 Health Care Tax-Free Dollar Account Program ......................................................................... 14
5.25 Counseling Services ................................................................................................................. 14
5.26 Paid Parental Leave ................................................................................................................. 15
6. SAFETY EQUIPMENT .................................................................................................................... 16
6.1 Replacement Equipment ......................................................................................................... 16
6.2 Personal Equipment ................................................................................................................ 16
6.3 Safety Glasses and UV Eye Protection (Sunglasses) ................................................................. 16
RPPSMA MOA ◊ June 22, 2021 through June 30, 2025 Page II
7. COMPENSATION ADJUSTMENTS .................................................................................................. 17
7.1 Total Compensation & Compaction Analysis ........................................................................... 17
7.2 Compaction Trigger ................................................................................................................. 17
7.3 Critical Incident Call Out Pay .................................................................................................... 17
7.4 Court Time Pay ........................................................................................................................ 18
7.5 Police and Fire Services............................................................................................................ 18
7.6 Paychecks ................................................................................................................................ 18
7.7 Pay Change Effective Dates ...................................................................................................... 18
7.8 Salary Adjustments .................................................................................................................. 18
7.9 COVID-Related Impacts Recognition Payment ......................................................................... 19
8. ALCOHOL AND DRUGS ................................................................................................................. 19
8.1 Alcoholic Beverages or Other Drugs......................................................................................... 19
8.2 Off Duty Hours ......................................................................................................................... 19
8.3 Prescription Drugs ................................................................................................................... 20
9. GRIEVANCE POLICY AND PROCEDURE .......................................................................................... 20
10. USE OF CITY FACILITIES ................................................................................................................ 20
11. MANAGEMENT RIGHTS ................................................................................................................ 20
12. WORK CURTAILMENT (NO STRIKE CLAUSE).................................................................................. 21
13. TERM OF MOA ............................................................................................................................. 21
14. INVALIDATION ............................................................................................................................. 21
14.1 Suspension of Agreement ........................................................................................................... 21
14.2 Replacement ............................................................................................................................... 21
15. NON-DISCRIMINATION ................................................................................................................ 21
16. PERSONNEL FILES ......................................................................................................................... 21
17. EMPLOYEE PERFORMANCE EVALUATIONS ................................................................................... 22
18. PERSONNEL RULES AND REGULATIONS ....................................................................................... 22
19. SUCCEEDING AGREEMENT ........................................................................................................... 22
20. COMPLETE UNDERSTANDING ...................................................................................................... 22
INDEX .................................................................................................................................................... 23
ATTACHMENT A .................................................................................................................................... 24
RPPSMA MOA ◊ June 22, 2021 through June 30, 2025 Page III
1
RPPSMA MOA June 22, 2021 through June 30, 2025
MEMORANDUM OF AGREEMENT
The City of Rohnert Park (City) recognizes the Rohnert Park Public Safety Managers’ Association (RPPSMA)
as the labor bargaining and representation unit for Public Safety Lieutenants and Deputy Chiefs.
Pursuant to Government Code Section 3500 et. seq., the representatives of the RPPSMA and the
representatives of the City have met and conferred and hereby submit their joint recommendation for
salary and benefit compensation for all members of the bargaining unit.
1. Hours, Days and Period of Work
(a) Public Safety Lieutenants: The primary workweek for Public Safety Lieutenants shall be a 4/10
or 9/80 Schedule. The hours, days and period of work shall be as follows:
(i) Regular Days of Work for the 4/10 Schedule -The regular workweek for employees
assigned to the 4/10 Schedule shall consist of four (4) consecutive workdays of ten (10)
hours followed by three (3) consecutive days off. As may be determined from time to
time by mutual agreement of an employee and his/her supervisor, the employee
assigned to the 4/10 Schedule may volunteer for a workweek other than defined in this
section.
(ii) Regular Days of Work for the 9/80 Schedule - The regular workweek for employees
assigned to the 9/80 Schedule shall consist of four (4) consecutive workdays of nine (9)
hours during one seven (7) day regular work period, followed by four (4) consecutive
workdays of nine (9) hours plus one workday of eight (8) hours during the second seven
(7) day regular work period. As may be determined from time to time by mutual
agreement of an employee and his/her supervisor, the employee assigned to the 9/80
Schedule may volunteer for a work week other than defined in this section.
(b) Deputy Chiefs: The regular workweek for Deputy Chiefs shall be a 5/8 Schedule, which shall
consist of five (5) consecutive workdays of eight (8) hours during one seven (7) day regular
work period. As may be determined from time to time by mutual agreement of an employee
and his/her supervisor, the employee may volunteer for a work week other than defined in
this section. Additionally, upon approval by the City Manager and Director of Public Safety,
a Deputy Chief may work a 4/10 or 9/80 schedule.
(c) Regular Work Period: A Regular Work Period shall be the seven (7) day work period beginning
at 12:01 a.m. on Monday and ending at 12 midnight on Sunday.
(d) In order to provide services to the community at all times during the day and week, the City
will establish shifts. The City retains the authority to determine the regular start and end
times and days of shifts and the authority to transfer an employee from one shift to another.
(e) Shift Rotation for Lieutenants: Shift rotation for Lieutenants will occur generally every 24
months. Shift selections will be made by of the Director of Public Safety. In keeping with
the needs of the agency, rotations may be shortened to 18 months or extended to 30
2
RPPSMA MOA June 22, 2021 through June 30, 2025
months as needed to minimize disruption. Unless approved by the City Manager,
Lieutenants may not work the same shift for two consecutive rotations.
2.Holidays
2.1 Holidays Observed
The holidays observed by the City will be:
“Independence Day”
The first Monday in September, "Labor Day"
The second Monday in October, "Columbus Day"
"Veteran's Day"
The fourth Thursday in November, "Thanksgiving Day"
Day after "Thanksgiving"
12:00 Noon to 5:00 p.m. on December 24
“Christmas Day”
“New Year’s Day”
The third Monday in January, "Martin Luther King, Jr. Day"
Friday proceeding "President's Day"
The third Monday in February, "President's Day"
The last Monday in May, "Memorial Day"
Floating Holiday
In addition to the recognized holidays identified in Section 2.1, each eligible employee shall
be allocated one floating holiday (equivalent to 10 hours for a full-time employee) per fiscal
year on July 1st. 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; (3) a workday immediately following a City observed holiday; or (4)
a workday falling within an approved annual leave. 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.
2.2 Proclaimed Holidays
Every day proclaimed by the President, Governor or Mayor of the City as a public holiday
and made applicable to City employees.
2.3 Day of Mourning
Each day that the Governor declares a day of mourning or special observance as a holiday
for State employees if the declaration makes it applicable to City employees.
2.4 Alternate Day Off
At the discretion of the Director of Public Safety, holiday pay may be authorized for unit
members who are directed to work on any holiday observed by the City. Holiday Pay may
3
RPPSMA MOA June 22, 2021 through June 30, 2025
be approved in lieu of granting the employee an alternate day off. Holiday Pay is
calculated on a straight time basis.
3. Annual Leave Program
Effective January 1, 2012, employees shall accrue the following Annual Leave:
Years of Service (Inclusive) Monthly Accrual Rate Annual Accrued Hours
1 to 10 years 16.500 hours 198
11 to 15 years 19.333 hours 232
16+ years 22.667 hours 272
3.1 Effective January 1, 2012, 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 the sick leave program for non-industrial illness and injury shall retain the
balance of such hours accumulated as of January 1, 2012. Paid leave for approved absence
due to injury or illness may be charged against this balance at the employee’s discretion.
Upon retirement from the City of Rohnert Park, an employee may convert any remaining
sick leave balance to service credits pursuant to CalPERS regulations and procedures.
3.2 Annual Leave hours may be used to provide paid time off for any approved absence,
including but not limited to vacation and illness. When annual leave is used for sick leave
purposes, the City may require the employee to submit substantiating evidence of illness
if a demonstrable pattern of abuse or evidence of fraud is identified.
3.3 An employee may accumulate annual leave credits up to a maximum of 550 hours of
annual Leave. Accrual shall cease until the annual leave balance falls below the cap.
3.4 Accumulated annual leave shall be converted to cash upon separation from City service.
3.5 Employees who are off work on a paid leave shall accrue annual leave and maintain all
other benefits to the extent consistent with the City’s existing Personnel Rules, with any
changes to the City’s Personnel Rules subject to meet and confer.
3.6 Preference for leave scheduling will be on the basis of seniority within classification
and/or as has been past practice.
4. Military Training
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.
4
RPPSMA MOA June 22, 2021 through June 30, 2025
5. Fringe Benefits
5.1 Fringe Benefit Administration
Fringe Benefit Administration - City reserves the right to select the insurance carrier(s) or
to self-administer any of the fringe benefit programs provided during the term of this
MOA. 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.
All benefits provided under this section (Section 5) are subject to the characteristics of
each individual benefit program.
The value or availability of the benefits provided in this MOA as originally worded or as
amended from time to time may depend on their tax treatment by the State or Federal
government or the decisions of other government agencies or departments, such as, but
not limited to, the California Public Employees' Retirement System (CaIPERS). The City will
endeavor to obtain the most favorable treatment legally possible from these other
governmental entities. However, the City makes no representation concerning the value
of such benefits to unit members or how they will be taxed or otherwise treated by other
agencies or departments. The City's obligations under this MOA are limited to the direct
cost of providing the salary and benefits as described in this MOA. 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) As required by law or the Personnel Rules, the City will continue all employee benefits
and pay the appropriate premiums described in the applicable section(s) of this MOA,
which are due for an employee out on an authorized leave.
(b) Employee may continue benefits during an authorized leave without pay for the
period of the authorized leave by making payment to the City for said benefits.
(c) If there is any inconsistency between this section and the Personnel Rules and
Regulations, the Personnel Rules and Regulations shall govern.
5.2 Administrative Leave
The employees in RPPSMA shall receive one hundred (100) hours of Administrative
Leave on July 1, 2017, and each July 1 thereafter during the term of this MOA.
For fiscal years 2017-2018 2018-2019, and 2019-2020, up to fifty (50) hours of
Administrative Leave may be paid in cash or its equivalent value applied towards an
approved benefit program. Requests for payment of this leave shall be submitted to
the City Manager no later than June 1, of each of these fiscal years. Payment shall be
made no more than 30 days subsequent to the approval of the request by the City
Manager.
Beginning with the 2020-2021 fiscal year, the amount of unused Administrative Leave
that may be paid in cash or its equivalent value applied towards an approved benefit
program shall be reduced from 50 hours to 25 hours per fiscal year. Requests for pay
5
RPPSMA MOA June 22, 2021 through June 30, 2025
of this leave shall be submitted to the City Manager on or before June 1, 2021.
Payment shall be made no more than 30 days subsequent to the approval of the
request by the City Manager.
Administrative leave paid in cash shall be paid at the regular rate of pay, defined to
include base salary and POST certification pay.
Any unused Administrative Leave hours remaining on June 30, of each fiscal year shall
expire and shall not be carried over to the subsequent fiscal year. Use of Administrative
Leave is unrestricted.
5.3 Catastrophic Leave
Leave benefits shall be provided as outlined in City Council Resolution No. 2017-109,
adopted August 22, 2017.
5.4 Hearing Aid Benefit
That the City shall reimburse employees up to eighty percent (80%) with a lifetime
maximum of nine hundred dollars ($900) for hearing aid devices.
5.5 Paternity Leave
Regular employees may use up to three (3) days accrued residual sick leave or annual
leave for paternity leave, following the birth or adoption of a child.
5.6 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. An
employee may be assigned duties that differ from his/her normal work duties. By virtue of
this paragraph, City does not intend to create any permanent light, limited or modified
positions, and any such light, limited, or modified duty shall terminate when the employee is
physically able to perform all his/her normal work duties, when the City is no longer able
reasonably to accommodate the employee’s restrictions, or as otherwise permitted by law.
5.7 Employee Death
Upon death of an employee, any unused Annual Leave and Administrative Leave shall be paid
to the employee's surviving spouse or beneficiary. In the absence of a spouse or beneficiary,
any unused Annual Leave and Administrative Leave shall be paid to the primary beneficiary
specified by the employee on the employee's enrollment/beneficiary card for City provided
life insurance.
6
RPPSMA MOA June 22, 2021 through June 30, 2025
5.8 Medical and Health
Employees will have a choice of Kaiser Permanente (Traditional $20 Co-Pay Plan,
Traditional $40 Co-Pay Plan and HSA), REMIF Self Insured Plans, including Traditional $250
and $500 Deductible and HSA Plans and, Sutter Health Plans, or any other comparable
health plan offered by the City.
(a) 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
(b) As a result of any Federal or State law enacted subsequent to the effective date of
this MOA, City shall make an effort to maintain the level of benefits as provided for in
this MOA.
(c) 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 of 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.
7
RPPSMA MOA June 22, 2021 through June 30, 2025
(d) 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.
5.9 Dental Insurance
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 costs during the term of this Agreement. Premiums
will be set by the insurer, or if self-insured by the City, using fiscally prudent methods.
The City shall provide a copy of the summary description of the dental program
offered by the City to each employee upon request.
(b) In general, the program includes basic dental insurance coverage of payment to Delta
Dental PPO network dentists of the indicated percentage up to the maximum of
$2,000 for each eligible person (e.g. employee, spouse/domestic partner,
dependents) per year for the following benefits:
i. One hundred percent (100%) of the cost of diagnostic and preventative care.
ii. Eighty-five percent (85%) of the cost of basic dental services.
iii. Eighty-five percent (85%) of the cost of crowns and restorations.
iv. Fifty percent (50%) of the cost of prosthodontics.
v. Fifty percent (50%) of the cost of orthodontics with a one thousand five hundred
dollar ($1,500) lifetime maximum benefit per person.
vi. 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.
5.10 Vision Insurance
The City shall offer employees and their eligible dependents, a vision insurance program
under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases during the
term of this Agreement. Premiums will be set by the insurer, or if self-insured by the
City, using fiscally prudent methods. The City shall provide a copy of the summary
8
RPPSMA MOA June 22, 2021 through June 30, 2025
description of the vision insurance program offered by the City to each employee
upon request.
(b) In general, the program includes an eye examination once each twelve (12) months,
lenses once each twelve (12) months, and frames once each twenty-four (24) months.
An employee may purchase contact lenses in lieu of the framed lenses referenced
above. For details, allowances and restrictions refer to the Plan documents.
5.11 Adoption Benefit
That the City provide a six hundred dollar ($600) per child cash benefit to employees
adopting minor children to help offset the cost of adoptions.
5.12 Death/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 accrued annual 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), step-parents, aunts, uncles, grandparents, grandparent-in-Iaw,
grandchildren and relationships in loco-parentis, and close personal relationships,
with the approval of the City Manager or his/her designee.
5.13 Funeral Benefit
City will provide fifty percent (50%) co-payment, not to exceed two thousand dollars
($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit
will be considered secondary to and shall be coordinated with any and all other funeral
benefits that may be payable to employee or spouse.
5.14 Long-Term and Short-Term Disability Insurance
The City shall provide, at no premium cost to employees, long-term disability income
protection insurance coverage. The basic benefit shall be sixty six and two thirds percent
(66 2/3%). In no event shall the employee receive more than full salary. The benefits
provided under this section are subject to the characteristics of the individual program.
The waiting period for the above long-term disability benefits plan shall be ninety (90)
days.
The City will provide a short-term disability insurance program which includes income
replacement of 60% and benefits coordination to employees.
9
RPPSMA MOA June 22, 2021 through June 30, 2025
5.15 Life Insurance
(a) The City will provide, at no premium cost to employees, one hundred thousand
dollars ($100,000) life insurance coverage provided to employees and five thousand
dollars ($5,000) for dependents, and which coverage includes accidental death and
dismemberment benefits.
(b) The City will allow, subject to the insurance carrier's approval, any employee to
purchase, at his or her own cost additional life insurance coverage under the City's group
program.
5.16 Deferred Income
The City will continue to make available to the employees a deferred income program,
now being administered by Nationwide and International City Management Association
(ICMA) or a similar program with another institution acceptable to City.
5.17 Retired, Deceased and/or Permanently and Totally Disabled Employees
This section 5.19 (including subsections) applies only to employees hired prior to July 1,
2007, and providing continuous City service since that time. The language in this section
has been revised from that contained in the previous MOAs between the City and the
Association for the purposes of administrative clarification, and does not represent a
change in benefits provided to current employees or retirees.
1. Definition of Terms
a. “Eligible Employee” means any regular full-time or regular part-time benefited
employee hired by the City before July 1, 2007, and who actively participates in
and contributes to the CalPERS Retirement System, and who will be entitled,
when eligible, to receive a retirement allowance from CalPERS.
b. “Retired Employee” or “Retiree” is a regular full-time or regular part-time
benefited City employee hired before July 1, 2007 who retires from the City and
thereafter receives a retirement allowance from CalPERS. Retirement includes
service retirement or disability retirement from the City of Rohnert Park.
c. “Continuous City Service” is defined as being continuous regular full-time or
regular part-time benefited City employment for calculating length of continuous
service and service credit. Part-time (non-benefited) employment and approved
unpaid leaves will not be used in calculating length of continuous service under
this section. Any separation from City employment will void any previous accrual
towards length of continuous service for purposes of this section, unless
otherwise waived by the City 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.
10
RPPSMA MOA June 22, 2021 through June 30, 2025
2. Alternate Retirement Health Benefits For Employees Hired Prior to July 1, 2007
(a) Retirement Medical Benefits
Eligible Employees had the option to opt out of the retirement medical benefit
provided previously, and all employees hired before July 1, 2007 who are
currently in the unit elected to opt out, and are therefore covered by the
provisions below.
Eligible Employees hired before July 1, 2007 received the following Retirement
Medical Benefit, which is fully vested. Eligible Employees who elected this opt-out
option shall not be subject to any retiree medical cost-sharing requirements (i.e.,
normal cost) during the term of their employment.
(i) The City established a Retiree Health Savings Account (RHSA) (or substantially
similar investment account in the eligible employee’s name) for the Eligible
Employee. The City contributed $2,500.00 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.
11
RPPSMA MOA June 22, 2021 through June 30, 2025
(iii) Any Retired Employee who, after retirement from the City, becomes
employed elsewhere and is covered by dental or vision care benefits by his/her
new employer, said coverage provided by the City to the retired employee will be
considered secondary to the coverage provided by his/her new employer, his/her
new employer’s coverage shall be considered primary. Retired employees are
required to notify the City’s Human Resources Department of any additional
insurance coverage from new employers.
3. Retiree 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:
(i) 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.
(ii) 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.
(iii) Calculation of contribution will be prorated for regular part time employees.
(iv) 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.
5.18 Clothing Allowance
(a) That the City will provide, to employees newly employed or newly promoted into the
bargaining unit, an initial set of uni forms (i.e., two (2) sets of Class B/BDU
Uniforms Pants, two (2) Class B/BDU Long Sleeve Shirts, two (2) Class B/BDU Short
Sleeve Shirts; One (1) Wool/Class A Uniform Pants, One (1) Wool/Class A Long Sleeve
Shirt, and one (1) Ike Jacket. In addition to the above, employees who are newly
employed by the City shall also receive one (1) nylon duty belt and inner belt; two (2)
training shirts; two (2) fire T-shirts; Tie and Tie Bar and two (2) uniform hats. The
value of the uniforms provided to newly employed personnel does not exceed $900,
and the value of the uniforms provided to promoted employees does not exceed
$800. The City will provide the uniform maintenance allowance specified in (b)
below, and will not otherwise provide or pay to replace uniforms after the initial set
(e.g., the City will not replace or pay for damaged, worn out, or lost uniforms).
(b) The City will provide a Uniform Maintenance Allowance of $1,080 per
calendar year for employees. The Uniform Maintenance Allowance shall be
paid monthly, and the City will comply with CalPERS’ requirements for
reporting these allowances. Under current CalPERS regulations, uniform
allowances are to be reported to CalPERS only for Classic members. The
12
RPPSMA MOA June 22, 2021 through June 30, 2025
uniform maintenance allowances shall be prorated for the 2017 calendar year
to reflect the effective date of the allowance provided by this section.
5.19 Education and Training
The City will provide an education and training assistance program to provide
reimbursement to employees for tuition and book costs only for attending and completing,
with a satisfactory grade (C or better), courses in the adult high school program, at Santa
Rosa Junior College, at Sonoma State University or any other educational institution
acceptable to the City. All courses or classes for which reimbursement will be requested must
be previously approved by the 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.
5.20 P.O.S.T. Certification Pay
The City will provide P.O.S.T. Certification Pay to unit members based upon receipt of a
Supervisory or Management P.O.S.T. Certification. The amount of the Supervisory P.O.S.T.
Certification Pay will be seven percent (7%) of base salary per month. The amount of the
Management P.O.S.T. Certification Pay will be eight and one half percent (8.5%) of base salary
per month. The incentive payments provided above are not cumulative. Only one of the two
P.O.S.T. Certification Incentives will be paid per employee.
5.21 In-District Pay
All sworn RPPSMA personnel shall receive an additional $150 per month “In-district”
pay if they physically reside within the incorporated areas of Windsor, Santa Rosa,
Rohnert Park, Cotati, Petaluma or Sebastopol or reside within unincorporated areas
that are within 10 driving miles per MapQuest from any one of the Rohnert Park Public
Safety stations. This “in-district” pay shall be paid out equally per pay period. The
Director of Public Safety will determine eligibility for “In-district” pay. This program is
eliminated effective January 1, 2012, and employees hired after this date will not
receive “in-district” pay. Employees receiving “In-district” pay as of this date shall retain
it unless they become ineligible. Should an employee lose eligibility, no re-entry to the
program is permitted.
5.22 Retirement Programs
(a) For all local safety members hired before January 1, 2012, the City will continue to
provide the California Public Employees' Retirement System (CaIPERS) three percent
(3.0%) at fifty (50) retirement program instituted July 1, 2007, which includes the "one-
year highest compensation" optional provision. Effective June 18, 2012, the City will
provide the California Public Employees’ Retirement System (CalPERS) three percent
(3.0%) at fifty-five (55), highest three year average program to local safety members
hired on or after this date. Effective January 1, 2012, all employees, regardless of
program, will pay the required member contribution.
13
RPPSMA MOA June 22, 2021 through June 30, 2025
i. Except as otherwise specified in the cost sharing provisions of this MOA or
negotiated in the future, the City will absorb any employer contribution rate
increases for local safety members required by CaIPERS.
ii. The City will continue to 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) The required employee cost sharing of employer costs described in this Section 5.24
(b) (including all subsections), shall be implemented pursuant to Government Code
Section 20516 (f). The parties mutually recognize and acknowledge that these cost-
sharing provisions satisfy the maximum cost-sharing terms set forth in Government
Code Section 20516.5, and that the cost sharing provisions will continue beyond the
expiration of this Agreement.
i. Required Safety Employee Cost Sharing of Employer Costs Through June 30,
2018
Concurrently with the salary increases provided pursuant to Section 7.8 (a) (i.e.
the first day of the first full pay period after Council approval of this MOA), and
through June 30, 2018, local safety members participating in the 3% at 50 or 3%
at 55 retirement plan formulas shall pay, through payroll deduction, the required
9% member contribution, and an additional one percent (1%) of PERSable
compensation for a total contribution of ten percent (10%) toward the cost of
pension benefits.
ii. Required Safety Employee Cost Sharing of Employer Costs July 1, 2018 Through
June 30, 2019
Effective the first day of the first full pay period that includes July 1, 2018, and
through June 30, 2019, local safety members participating in the 3% at 50 or 3%
at 55 retirement plan formulas shall pay, through payroll deduction, the amounts
described in subsection 5.24(b)(i) above, and an additional one percent (1%) of
PERSable compensation for a total contribution of eleven percent (11%) toward
the cost of pension benefits.
iii. Required Safety Employee Cost Sharing of Employer Costs Beginning July 1,
2019, and Continuing Thereafter
Effective the first day of the first full pay period that includes July 1, 2019, and
continuing thereafter, local safety members participating in the 3% at 50 or 3%
at 55 retirement plan formulas shall pay, through payroll deduction, the amounts
described in subsection 5.24(b)(ii) above, and an additional one percent (1%) of
PERSable compensation for a total contribution of twelve percent (12%) toward
the cost of pension benefits. This required cost sharing requiring safety
employees to pay 12% of PERSable compensation toward the cost of pension
14
RPPSMA MOA June 22, 2021 through June 30, 2025
benefits shall continue and constitute the status quo ante for all purposes and
state statutes after the expiration of this Agreement on June 30, 2021.
(c) New Local Safety Members Hired On or After January 1, 2013
i. Effective January 1, 2013, the City will provide the CalPERS two point seven percent
(2.7%) at fifty-seven (57), highest three year average program to new local safety
employees (who meet the definition of a new member under Gov’t. Code 7522.04(f))
hired on or after January 1, 2013.
ii. Effective July 1, 2013, such new local safety members 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 local safety
members for bonuses, uniform allowance, overtime allowance or reimbursement
for housing and vehicles, or any ad hoc or one-time payments pursuant to
Government Code Section 7522.34(c).
(d) The City makes no representation concerning the value of this benefit or how it may
be taxed or treated by other agencies either presently or in the future. The City's
obligation under this section is limited to the direct cost of providing the benefit as
described. The City shall assume no further or additional financial obligation even if
an outside agency imposes or determines there to be a financial obligation for the
City or the employee.
5.23 Dependent Care Assistance Program
City will continue to provide the Dependent Care Assistance Program (DCAP) as
authorized by the Internal Revenue Service for the set-aside of employee pre-tax dollars
for childcare as approved by the Internal Revenue Service (IRS) and the California
Franchise Tax Board.
5.24 Health Care Tax-Free Dollar Account Program
City will continue to provide the Health Care Tax-Free Dollar Account Program as
authorized by the Internal Revenue Service for the set-aside of employee pre-tax dollars
for the cost of monthly health care premiums as well as eligible unreimbursed medical
expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise
Tax Board.
5.25 Counseling Services
Payment by the City of any unreimbursed costs, up to a maximum City reimbursement of
one thousand dollars ($1,000) per household per calendar year, for professional
counseling service charges which are not paid for by City-provided or other insurance
which the employee may have.
15
RPPSMA MOA June 22, 2021 through June 30, 2025
5.26 Paid Parental Leave
(a) Eligibility
Effective July 1, 2021, and for the term of this MOA, for eligible events that
occur on or after Council approval of this MOA, any permanent full-time
employee who has been continuously employed by the City for at least twelve
(12) months prior to the start of the leave shall be eligible for Paid Parental
Leave (PPL) to use within six (6) months of the following eligible events:
• Birth of a child of the employee, the employee’s spouse, or the
employee’s domestic partner; and
• Placement of a child with the employee’s family for adoption or foster
care.
For the purpose of PPL, the definition of “parent” and “child” are as defined by
the California Family Rights Act. Proof of birth, adoption placement must be
provided before an employee can be paid for PPL, and must be submitted within
thirty (30) calendar days to the first use of the leave.
(b) Requesting PPL
Employees must submit a written request to Human Resources and notify their
supervisor of their intent to take PPL at least thirty (30) calendar days prior to
the first use of the PPL. If an eligible event is not foreseeable at least thirty (30)
calendar days in advance, a written request must be submitted to Human
Resources and notice must be provided to the employee’s supervisor as soon as
practicable.
(c) Benefit and Use
Eligible employees shall be granted one hundred and twenty (120) 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 leave accrual, and City benefit
eligibility and contributions.
16
RPPSMA MOA June 22, 2021 through June 30, 2025
(d) Protections
Use of PPL shall not be cause for an employee to lose his/her current
assignment on a permanent basis; however, assignments may be altered to
accommodate the employee’s or department’s operational needs when working
a reduced work schedule.
Upon return from PPL, employees will be restored to their original or equivalent
position with equivalent pay, benefits, and other benefits.
(e) PPL Review Process
The City and RPPSMA agree to meet to discuss any unanticipated issues that
arise, including administrative and legal issues.
6. Safety Equipment
6.1 Replacement Equipment
City will continue to furnish replacement equipment as needed for the equipment that
the City is required to furnish per the Government Code. Said equipment consists of
department-issued weapons, holster, belt and ammunition, nightstick, handcuffs, safety
vests, raincoats and rain boots. Equipment furnished by City shall remain the property of
City with the exception of any personal purchases made by present officers.
6.2 Personal Equipment
City shall replace, with the Director of Public Safety's approval and up to the amount
specified in Department of Public Safety policy, any personal equipment lost, destroyed
or damaged beyond repair while used in the line of duty. Items shall not be replaced if
worn because of normal wear and tear.
6.3 Safety Glasses and UV Eye Protection (Sunglasses)
City will reimburse for primary prescription safety glasses to those employees required
by City to wear them. Such employees will not be entitled to receive a first set of glasses
under the general vision care program referred to in Section 5.13 but may utilize the
general vision care program for subsequent pair(s) of glasses, within the terms of the
program. City will reimburse for sunglasses providing UV protection, not to exceed one
hundred and fifty dollars ($150) per employee per year, for use by unit members
authorized to operate Public Safety vehicles.
17
RPPSMA MOA June 22, 2021 through June 30, 2025
7. Compensation Adjustments
7.1 Total Compensation & Compaction Analysis
The City and RPPSMA desire to ensure that the difference between the total
compensation of Public Safety Lieutenants and the total compensation of Sergeants is
sufficient to encourage rather than discourage Sergeants from considering promotional
opportunities. Total compensation is defined to be the cost to the City to provide salary,
stipends, incentives, other negotiated monetary agreements (with the exception of
Longevity Pay, Bilingual Pay, Holiday Pay, Shift Differential Pay, Specialty Assignment Pay
and In-District Pay), health benefits, and contributions to the California Public Employees
Retirement System.
7.2 Compaction Trigger
(a) To avoid salary compaction between Public Safety Sergeants and Public Safety
Lieutenants, the City agrees to maintain a minimum of 13.41% separation between the
total compensation of a top step Public Safety Sergeant (currently Step 6 plus 9.0% POST)
and the total compensation of a top step Public Safety Lieutenants (currently step 6 plus
8.5% POST). (See Attachment A for detail.) If agreements are made between the City and
RPPSOA resulting in an increase in Sergeants’ salaries, this compaction trigger will be in
full force and effect and the City will adjust the steps of the Lieutenants salary range to
maintain a 13.41% total compensation (as defined in Section 7.1, 7.2, and Attachment
A) difference between a top step Public Safety Sergeant and a top step Public Safety
Lieutenants.
(b) To avoid compaction between Public Safety Lieutenants and Public Safety Deputy
Chiefs, the City agrees to maintain a minimum of 13% separation between the top step
Lieutenant (step 6) and top step Deputy Chief (step 5). This compaction trigger is only
applicable to these two specific classifications and will not apply to any potential new
classifications added at a later date.
7.3 Critical Incident Call Out Pay
For those unit members who are called out for critical incidents, they shall be entitled to
time and one-half with a minimum of three (3) hours. Critical incidents are defined as
events that occur very infrequently and would include incidents such as a major structure
fire or a police homicide event. In order to receive pay pursuant to this Section 7.3, the
overtime must be approved by the Director of Public Safety. The overtime provision will
most often include call-out for the unit members on days other than during their regular
days of work as may be determined from time to time by mutual agreement of an
employee and his/her supervisor. The call back would not include routine assignments
normally expected of unit members in the normal course of their assignments. This extra
time spent on City business is compensated by the Administrative Leave hours provided
each year.
18
RPPSMA MOA June 22, 2021 through June 30, 2025
7.4 Court Time Pay
Department of Public Safety employees shall receive the equivalent of three (3) hours pay
if required to testify in court on off-duty time.
7.5 Police and Fire Services
(a) Public Safety Lieutenants may volunteer to work police and fire service shifts. The
Director of Public Safety, at his/her sole discretion and only if he/she deems it
necessary, may approve the use of Public Safety Lieutenants to work police and fire
service shifts under the following terms and conditions:
1. Lieutenants are paid closest to their usual hourly rate during the time they work
shifts in the police and fire services.
2. All time worked, and payment for time worked, shall be pre-approved by the
Director of Public Safety or his/her designee.
3. The work by Lieutenants in the fire services shall not interfere or conflict with the
regular work of the Lieutenants as determined by the Director of Public Safety.
4. The Director of Public Safety may assign Lieutenants to work patrol, as
operationally necessary.
5. The receipt of pay for time so worked by Lieutenants does not defeat or otherwise
affect their exempt status under the Fair Labor Standards Act.
7.6 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 shall 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.
7.7 Pay Change Effective Dates
Any and all pay changes provided to employees, including, but not limited to step
increases, promotions, classification changes, or similar pay increases shall become
effective as described in this section 7.7. If the effective date of the change is in the first
week of the pay period, the increase will be effective on the first day of the pay period that
includes the effective date of the change. If the effective date is in the second week of the
pay period, the change will be effective the first day of the subsequent pay period.
7.8 Salary Adjustments
(a) Effective the first day of the first full pay period in which Council approves this
MOA, the base salary for each bargaining unit member shall increase by five
percent (5%)
19
RPPSMA MOA June 22, 2021 through June 30, 2025
(b) 2022-2023 Increase: Effective the first day of the pay period that includes
July 1, 2022, the 2022-2023 Pay Schedule shall be increased by two and a
quarter percent (2.25%). This revised schedule shall be known as the 2022-2023
Pay Schedule.
(c) 2023-2024 Increase: Effective the first day of the pay period that includes
July 1, 2023, the 2023-2024 Pay Schedule shall be increased by one and a
quarter percent (1.25%). This revised schedule shall be known as the 2023-2024
Pay Schedule.
(d) 2024-2025 Increase: Effective the first day of the pay period that includes
July 1, 2024, the 2024-2025 Pay Schedule shall be increased by one and a half
percent (1.5%). This revised schedule shall be known as the 2024-2025 Pay
Schedule.
7.9 COVID-Related Impacts Recognition Payment
If a successor MOA between RPPSMA 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.
8. Alcohol and Drugs
The City agrees to continue to work together to assist any employees who have an alcohol, alcohol
related, drug or substance abuse problem. It is mutually acknowledged that continued
cooperative efforts would give employees a much better opportunity to recover from this very
serious health problem.
Since certain City employees are required to drive City vehicles, to think clearly and act responsibly
as well as use various types of equipment, and it is known that drinking alcoholic beverages or
taking certain drugs may slow a person’s reflexes and ability to think clearly, the probability of
having an accident is increased after drinking alcohol or taking certain drugs. The City recognizes
that this situation could place the employee as well as co-workers and the public at risk of injury.
8.1 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.
8.2 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.
20
RPPSMA MOA June 22, 2021 through June 30, 2025
8.3 Prescription Drugs
Employees using prescription drugs that affect the employee's ability to work safely must
inform their supervisor and may be assigned to other appropriate duties or required to
take leave.
9. Grievance Policy and Procedure
9.1 RPPSMA and City agree to comply with the grievance procedure outlined in Resolution
No. 2018-076, adopted June 12, 2018, a copy of which is attached hereto. Failure to meet
any timeline or specifically comply with any other requirement of the grievance
procedure constitutes a specific waiver and is a bar to further consideration of the
grievance.
9.2 The “Employee Complaint Resolution Procedure” (Resolution No. 2018-076),
incorporated by reference in this Agreement, provides for the processing of non-
disciplinary grievances. The parties agree to review the grievance procedure for purposes
of achieving greater efficiencies and cost reductions as well as enhancing communication
between the City, the Association and Unit members.
10. Use of City Facilities
Use of Sports Center and Lap Swimming Program: Employees and their spouse, domestic partner,
and eligible dependents (as defined by City eligible dependent policy), will be allowed to
participate with no fee imposed in open gym time and use the weight room and locker room
facility at the Sports Center when such facilities are open and also participate in the Lap Swim
Program conducted at the City's swimming pools. In the event that the City determines that such
use of the Sports Center by spouse, domestic partner and dependents of employees adversely
impacts the public's access to the Sports Center facilities, the parties will re-open this Section 11.
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.
11. Management Rights
Except as limited in this MOA and applicable State laws, the exclusive rights of the City shall
include, but not be limited to, the right to determine the organization of city government and the
purpose and mission of its departments and agencies, to determine the nature, levels and mode
of delivery and for set standards of service to be offered to the public; and through its
management officials to exercise control and discretion over its organization and operations;
to establish and effect administrative regulations which are consistent with law and the specific
provisions of this MOA; 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
21
RPPSMA MOA June 22, 2021 through June 30, 2025
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.
12. 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 MOA.
13. Term of MOA
This MOA shall become effective on the date of Council approval of this MOA through June 30,
2025.
14. Invalidation
14.1 Suspension of Agreement
If during the term of this MOA, any item or portion thereof of this MOA 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 MOA 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 MOA shall not invalidate any remaining portion that shall
continue in full force and effect.
14 .2 Replacement
In the event of suspension or invalidation of any article or section of this MOA, City agrees,
that except in an emergency situation, to arrive at a satisfactory replacement for such
article or section.
15. Non-Discrimination
City acknowledges that in receiving the benefits afforded by this MOA, no person shall in any way
be favored or discriminated against to the extent prohibited by law because of political or religious
opinions or affiliations, or because of racial or national origin, or because of age, sex or sexual
preference, or physical or mental disability.
16. Personnel Files
Employees or their duly authorized representative have the right to inspect his or her personnel
file maintained on him or her by the City. Employees have the right to respond in writing to
anything contained or placed in their personnel file and any such responses shall become part of
their personnel file.
22
RPPSMA MOA June 22, 2021 through June 30, 2025
17. Employee Performance Evaluations
Employees have the right to respond in writing to the evaluation report should they so desire.
Said responses should be submitted to the reviewer no later than thirty days after the evaluation
interview.
18. Personnel Rules and Regulations
City Agrees to meet and confer with RPPSMA regarding any updates or changes to its Personnel
Rules and Regulations.
19. Succeeding Agreement
Negotiations for the period commencing July 1, 2021 shall begin on or before February 1, 2021,
by which time RPPSMA shall submit its proposals to the City Manager. Said submittal shall include
an estimated percentage decrease or increase in the cost of proposals compared to the provisions
of this agreement.
20. 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. RPPSMA
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 parties is required to be signed by an authorized representative of RPPSMA and the City
Manager or his or her designee.
CITY OF ROHNERT PARK ROHNERT PARK PUBLIC SAFETY MANAGERS’
ASSOCIATION (RPPSMA)
_______________________________ _________________________________
Darrin Jenkins, City Manager Date Mike Bates, Deputy Chief Date
_________________________________
Mike Bates, Lieutenant Date
____________________________
Gerard Giudice, Mayor
Resolution Number:
ATTEST:
23
RPPSMA MOA June 22, 2021 through June 30, 2025
____________________________
Sylvia Lopez Cuevas, City Clerk
Approved as to form:
__________________________________
Michelle Marchetta Kenyon, City Attorney
The following are incorporated in this agreement by reference:
• Attachment A - Compaction Analysis
• City Council Resolution No. 2018-079, adopted June 12, 2018 – Employee Complaint Resolution
Procedure
• City Council Resolution No. 2017-270, adopted August 22, 2017 – Amended Catastrophic Leave
Program
• City's Personnel Rules & Regulations
24
RPPSMA MOA June 22, 2021 through June 30, 2025
INDEX
Administrative Leave......................................... 4
Adoption Benefit ............................................. 8
Alcohol and Drugs ........................................... 19
Alcoholic Beverages or Other Drugs ............... 19
Alternate Day Off ............................................... 2
Alternate Retirement Health Benefits For
Employees Hired Prior to July 1, 2007 ........ 10
Annual Leave Program ...................................... 3
Catastrophic Leave ............................................ 5
Clothing Allowance ........................................... 11
Compaction Trigger ......................................... 17
Compensation Adjustments ............................ 17
Complete Understanding .................................. 22
Counseling Services ......................................... 14
Court Time Pay ................................................. 18
Critical Incident Call Out Pay ............................ 17
Day of Mourning ................................................ 2
Death/Bereavement Leave ............................. 8
Deferred Income ............................................. 9
Definition of Terms ........................................... 9
Dental and Vision Benefits For Eligible Employees
..................................................................... 10
Dental Insurance ................................................ 7
Dependent Care Assistance Program ............ 14
Education and Training ..................................... 12
Employee Death ................................................. 5
Employee Performance Evaluations .................. 22
Floating Holiday ................................................. 2
Fringe Benefit Administration ............................ 4
Fringe Benefits .................................................. 4
Funeral Benefit ................................................... 8
Grievance Policy and Procedure ........................ 20
Health Care Tax-Free Dollar Account Program
..................................................................... 14
Hearing Aid Benefit ........................................... 5
Holidays ............................................................. 2
Holidays Observed ............................................ 2
Hours, Days and Period of Work ....................... 1
In-District Pay .................................................... 12
Invalidation ..................................................... 21
Life Insurance ..................................................... 9
Light or Limited Duty .......................................... 5
Long-Term and Short-Term Disability Insurance.. 8
Management Rights ......................................... 20
Medical and Health ........................................ 6
Military Training ................................................. 3
Non-Discrimination ......................................... 21
Off Duty Hours ................................................ 19
P.O.S.T. Certification Pay .............................. 12
Paternity Leave ................................................. 5
Pay Change Effective Dates ............................. 18
Paychecks ........................................................ 18
Personal Equipment ........................................ 16
Personnel Files ................................................. 21
Personnel Rules and Regulations ...................... 22
Police and Fire Services .................................... 18
Prescription Drugs ........................................... 20
Proclaimed Holidays .......................................... 2
Replacement ................................................ 21
Replacement Equipment ................................ 16
Required Safety Employee Cost Sharing of
Employer Costs Beginning July 1, 2019, and
Continuing Thereafter ................................ 13
Required Safety Employee Cost Sharing of
Employer Costs July 1, 2018 Through June
30, 2019 ...................................................... 13
Required Safety Employee Cost Sharing of
Employer Costs Through June 30, 2018 ..... 13
Retired, Deceased and/or Permanently and
Totally Disabled Employees .......................... 9
Retiree Health Benefits for Employees Hired On
or After July 1, 2007 ..................................... 11
Retirement Medical Benefits .......................... 10
Retirement Programs ................................... 12
Safety Equipment ............................................ 16
Safety Glasses and UV Eye Protection
(Sunglasses) ................................................ 16
Salary Adjustments ......................................... 18
Succeeding Agreement ..................................... 22
Suspension of Agreement ............................ 21
Term of MOA .................................................. 21
Total Compensation & Compaction Analysis . 17
Use of City Facilities ......................................... 20
Vision Insurance ................................................. 7
Work Curtailment (No Strike Clause) ............... 21
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
l
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
CIIY (,Ji' FOi lNI HT l'/1111<
:Per~,;nnct r<ule~; and !<euuJa!ions
CITY MANAGER'S
ADMINISTRATIVE POLICY NO. 1:
PERSONNEL RULES AND REGULATIONS
CrTY OF HOI INU,T P/\HK
Personnel Hules and Hegulaltons
NOVEMBER 9, 2004
Pa~v~ 1 of 39
CITY or HOIIN[H T PARK
Personnel r-<ules ,md fkqulations
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
PESO 99-01
RESO 91-192
PESO 87-117
RESO 00-10
RESO 03-71
RESO 03-235
CITY OF ROHNERT P/\RK
Personnel Rules and Hegul3tions
-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 FOP 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 INSUI\/\NCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
Pa9e 2 of 39
CITY (X FOllNEln P/\1,1<
, · Personnel f~ules nnd ffo9ul:i1ions
~ECl]_QN 1 -INTRODUCTION
A. f:';imosg The City Manai\JU, as Personnel Officer for the City or his/her designce, is ch8rgcd with the
responsibllity of the City's personnel pr~ictices. In order to establish an equitable and uniform procedure for
dealing with personnel matters nnd to ~1\!ract to rnunicipvl serv·1ce the best and most competent persons
available, to assure that <1ppolntment and prornotions of persons will be based on rnerit and fitness and to
provide a reasonable deoree of securily for qu.:ilified employees, the following rules <.1nd re9ul~1tions are
established.
B. Coverage -These rules and re9ulalions apply 10 all offices, ~111 regular full-lime employees, reoular part-
lime employees, and all positions and employments in !he service of t11e City, except;
1. Elective officers in the performance of their elective duties and Members of appointed boards,
commissions and cornmittees.
2. Persons engaged under contract !o supply expert, professional, technical or other services.
3. Volunteer personnel, such as volunter~r c1uxiliary firefighters <·rnd public safety reserve officers.
4. City Manager and City Attorney.
5. Probation<1ry employees, except c1s expressly provided herein.
6. Umited Service Personnel (ie. temporary or seasonal employees employed by the City not more than
six (6) mont11s durino the fiscal year for special purposes).
7. Part-time employees paid by the hour or d8y who do not meet the definition of regular part-time
employees.
C. General Provisions -
1. The City expressly prohibits discrimin8tion in employment on the basis of race, religious creed, color,
national or ethnic origin, ancestry, mental or physical disabirtty, 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 l8w.
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 outstandino job and suggest ways in which job performance can be enhanced.
3. All regular appointments include a prob8lionary 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 Jess than eighteen (18) months for dispatch employees, and not less than eighteen
(18) months for Public Safety sworn employees.
8. Promotional appointments include a probationary period of not less than six (6) months for non-
supervisory employees 8nd twelve (12) months for supervisors (includes man8gement
classifications).
4. Employees must be physically ,md mentally able to perform the essential functions of the job, with or
wi!hou! reasonable accommodation.
CITY OF HOHNERT P/\f<I<
Personnel Hules and Hegulations
Page 3 of 39
CITY OF HOHNERl PAHK
Personnel Hules and Hegul.:itions
S. The City reserves the riuht to amend these rules and agrees to meet and confer with representatives
of recognized employee organizations on those ch<Jnges that rne within !he 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 department..il rules, policies of
regulations needed for the efficient operation of a City dep,irtment.
II. The definitions applicable throughout these rules are set forth in lhe attached Glossary ,md 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 lhe provisions of these rules, then the
provisions of the memorandum of a9reement will prevail.
E. Personnel Records -In lhe case of personnel records, lhe term "personnel records' means any file
maintained under the individual's name by his or her employing agency containing records relating to
personal ,1ata, includin9 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 qualrfications, performance, promotion, addition81 compensation, or
termination or other disciplinary action.
a. Each employee must promptly notify the Human Resources Department of any changes in
relevant personal information, including but not limited to; mailing address; telephone number;
name(s) of dependent(s); and persons to contact in an emerrwncy, 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 confidential file is obtained and maintained in accordance
with stale 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 par\ of
the employee's personnel file and will be available for his/her scrutiny.
CITY OF HOHNEfH PAHK
Personnel Hules and Re9ulations
Page~ of 39
CITY or IWI IN[ HI P/\FI\
.·Personnel Hules and l~euuta!Jons
'1 Any employee who wishes lo review hi~> or her personnel records should contact the Human
r~esources Dcpartrnen! and sci up .:rn appointment at a mutually ngrecd upon lirne. The review must
be done in the presence of !he J-lurnan Hesources Assislnnt or his/her dcslunee at the location where
tile file is s!ored cind at no loss of compensation to the employee. An employee rn;iy request a copy of
any crnployrnen1-related document th<.11 he/she hc1s signed This subsection does not apply to those
employees covered by lhe Public Sc,fcty Officers' Procedural Bill of Rights (Covernment Code §3300
ct seq.)
" /\n employee is not entitled to inspect records set forth in Labor Code section 1191l.5(d) as it may,
frorn time lo flrne, be zirnended. Impact records rel;;1tin9 to the investi9ation of a criminal offense
or letters of reference.
b. /\n employee is not enlitled lo inspect compl3ints, or investigation of complaints, concerning an
even! or trzins,:1clion in which the employee was involved or participated to the extent Iha! the
disclosure of such inforrna!ion would conslil\Jle 8n unwarranted inv~sion of personal privncy.
5. Employees have the right to respond in wrilin9 to any evaluation report placed "in their personnel file.
Such responses must be submitted within thirly (30) calendar days of the evaluation interview and will
be included in the personnel file records.
f. Oesiruction of Records -The employee personnel records Jre considered 8 permanent record and nll
personnel file documents arc retained by the City for the duration of the employee's period of employment
;1nd for any subsequent period required by law.
<1. ·rile records of former employees tHe rel3ined in accordance with the schedule established in
Resolution 90-161.
b. Shredding destroys personnel records that have reached the time hmit established in Resolulion
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 t11ey conform to the same specification or
when lhe positions· descriptions are sufficiently similar as to qualifications, educational requirements,
responsibilities, level of supervision, and other characterislics.
2. Specification of classes. /\ 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 respons·1bililies, 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. qpon the recommendation of the Supervisor or upon the request of an employee, the Personnel
Officer has t11e 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
Perr,onnel Officer has the discretion to determine when the dUties have materinlly changed which
CITY OF ROIINERT P/\f,K
Personnel Hules and Regulation~;
Pa~)e 5 of 39
CITY OF rmHNERT P/\RK
Personnel r-.{ules and Hegulations
warrant a reclassific~ition. To process reclassifications in 8 lirncty manner, the following process
will be followed:
1. Supervisor or employee submits a request of reclzissific<Jtion to the Hum;:m Resources
Department.
ri. Within fifteen (15) workin9 days, the Human Resources Department makes an initial
determination whether the employee's on9oin9 job duties and responsibilities warrant a
position reclassification. Once completed, the Human Resources Department foiwards ils
recommendations to the Personnel Officer.
J11. Within fifteen (15) working days the Personnel Officer affirms or modifies the Human
Pesource Department's recommendations. As a general guideline, lhe Personnel Officer
will provide the following conclusions to the employee and his or her supervisor: re-assign
work duties so the employee is no lon9er 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 ii 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 re9ulations concerning
demotion, promotion or compensation.
B. Salary Ranges. Plans and Compensation -
1. Meet and confer. The City will meet and confer regarding chan9es 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 chan9es 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. /\n employee whose position is moved from one class to another class
that has the same salary range docs 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 will receive !he next higher step
within the pay range of the higher class. Employees receiving a promotion will receive al 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 anniverSi>ry 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 P/\RK
Personnel Rules and Regulalions
Page 6 of 39
~ .. '
CITY tlF r,ollNUn l'/\PI<
: r)crsonnel r~ules and Hequlations
employee will conlinue to receive his/her present sal;uy until such time as the maximum salary for the
class exceeds his/her rate of pay. ·
C. fm_ployee Performance Review and/or Evaluation -fhe performance evaluation process is intended to
improve productivity and foster communication between supervisors .:ind employees. Evaluations should be
conducted at least annually in accordance with the schedul(, set forth for that employee's job classification
~md sl1ouJd be based upon position-specific performance e!emenls and work standards. The evaluation
must indicate clearly whelher overall performance is superior, satisfactory, or substandard. The review
process must provide for employee feedback ;:md face-to-face communication. F~esulfs of the performance
review will be utilized to determine employee's trainin9 and development needs.
1 Salary adjustments. f{esults of the employee's current performance review will be used to determine
salary ndjuslmenls on the employee's anniversary date. Employees whose work performance is
satisf8ctory will be eli9ible for 8dvancement to the next higher step (not to exceed the maximum) of
the salmy ran9e. Employees who receive a less than satisfactory ratinn rnay not be eli9ib!e for a
st.1lary advancement on their anniversary dnle.
2. Employee review and response. Employee will be provided with ;:i copy of his/her performance
ev;:iluation twenty-four (24) hours prior to the evalu;:ition 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 c1fter 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 Depmtment.
D. Pay Period -The pay period for all employees is bi-monthly on the 15th and the last day of the month.
When the 1511' 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 lo the departments ,md delivered lo the employee by noon
on the 151
" 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. Hegular full-lime employees will be paid for the prior two-week period
worked.
b. Part-time employees. Regular part-time and hourly part-time employees must submit their
fimccards to the Finance Department on the 5'" and 201
" 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 or POI-INERT P/\HI<
Personnel Hules c:md F~cntHalions
Page 7 of 39
CITY OF ROHNERT PAHK
Personnel r~ules vnd Regulations
E. Overtime Overtime hours must be approved in mlv(mce by the employee's direct supervisor or
Department Heod. Overlimc is to be kept to a minimum consistent with maintenance of cssenti<JI City
services. All non-exernpl employees will be p8id overtirne as required by applicable law ,.:md in accordonce
with any provisions ·in applicable memoranda of anreemcnt.
F. Compensatory Time Off -Subject lo applicable memorandum(s) of agreement or the outline of certain
employment conditions for non-represented employees. compensatory time off may be 9ranted in lieu of
overtime pay for overtime work performed by eligible employees. Compensatory lime 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
lime off can be h:iken.
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 lime off. All exempt
personnel must record leaves of four hours or more using the City's "Employee Absence Report" and
submit ii to the appropriate immediate supervisor.
3. City reserves the right to pay overtime in lieu of accruing CTO. Al the discretion of the City,
certain personnel rnay be paid for all or a portion of overtime worked in lieu of accruing CTO. The City
can elect to pay employees for over1ime worked if it is determined that an employee cannot
reasonably take the CTO without hindering the performance of essential City functions.
'1. Pay-out of accrued CTO. The City retains the right to pay out unused CTO al all l,imes selected by
the 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
outstzmding approved and accrued compensatory time vnd/or administrative leave.
6. Use of CTO. Employees who wish lo use CTO must obtain prior authorization of their Supervisor or
Department Head. The City's policy is lo 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 laking into account the operational needs of the
department. To facilitate scheduling, employees are encouraged to provide as much advance notice
as possible of 1he 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 Presiden1 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 lo be a day of mourning or special observance for
State employees.
2. Weekend holidays. Generally, when a holiday falls on a Saturday, ii shall be observed on the
preceding Friday. When a holiday blls 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 Hules nnd He9ulations
l'age B of 39
CIIY'CJF FOHNEJH i'ARK
Personnel r~ules and Hegulations
agreemenl will determine whether the employee is p;:Jid holiday pay or 9'1vcn compensatory lime off If
any outline of conditions of employment or mr:morandurn of agreement conflicts with this subsection,
the provis·1on of the conditions of employment or rnernorandum of anrecrncnt will prevail
3. Holiday pay. Renular full-time ,md regular part-time employees are entitled to receive tirne off with
pay at their regular rote of pay for the holiday. Reoular p~nt-tirne employees receive either 50% or
75%) of the holiday pay c1s determined by the number of hours per week lhc employee is normally
scheduled to work. An employee who resigns may not select a holid,iy ,is the employee's last cby 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, Ille applicable MOA wrll specify lhe pay
and/or benefits rece·rved for t11e work performed on holid,iys.
B. Vacation -
1. Vacation policy. /\II renulvr full-lime and regular part-time employees me entitled to vacation time off
work with pay. Eligible regular part-time employees accrue vacation at the rate of ~':>()%1 or ·1s% of the
allotment eslablished for full-lime employees as delermined by the ,,umber of l1ours Ille parl-time
employee is regularly scheduled to work. Elig·1ble employees will accrue vacation from the date-of-hire
but may not take accrued vacation until !he completion of six (6) months of continuous service.
However, upon completion of six months of service, he/she will be eligible to request " scheduled
vacation. This vacation policy is subject lo modification throu9h an ,ipplicable 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
Confidential Units.
3. Use of vacation. An employee's scheduled vacation must be npproved by 11is/her supervisor. The
smallest amount of vacation lime that may be used is Xi hour {15 minutes). /\n individual may t1ave
unused annual vacation leave carried over to the followinfJ calend~1r yeDr. If lll<Jximurn accrual is
reached, further vacation accrual will stop. Wl1en the employee uses paid vacation time and brings
the available amount below the cap, vacation accrual will resume at the regulm monthly accrual. The
City may make an exception to the vacation accrual cap in extraordinary circurnst~mces where, due to
the requirements of City service, an employee Is required to forego cl V8Catfon during the particular
calendar year. In such cases, the affected employee may apply to the Personnel Officer lo increase
his or her vacation cap by the number of days the employee was not permitted to lake as vacation
days. The Personnel Officer may, in his or her sole discretion, grant such requests from lime to lime.
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 lhe 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 Ufe Insurance benefits. Beneficiary designation otherwise, shall be in writing, si9ned
by the employee and filed with the Finance Department, Payroll Office. Vacation accruals are not paid
to employees who are employed by lhe 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 lo modification lhrough
,in applicable MOA for represented employees.
CITY OF ROHNERT PAHK
Personnel Rules and l~egulations
Pa9e 9 of 39
CITY OF ROHNERT PARI<
Personnel Rules and He9ulatlons
6. Illness during vacation. If an employee becomes ill or is injured while on vac,ilion, the time off will
still be counted as vacation time and not sick tirne.
7. Vac~tion accrual during leave of absence. Employees who me off work on 8 paid leave shall
continue to accrue vacation during the leave period. Employees who -are off work on an unpaid leave
shall no Jon9er accrue vacation after ninety (90) calendar days.
C. Sick Leave -
1. Eligibility. Regular full-time cind 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 lo his/her supervisor at
!he beginnin9 of any s·1ck leave period and daily thereafler unless otherwise arranged. The
supervisor may require a wrillen statement from the employee's health care provider verifying
that the employee is or was incapacitated and unable lo 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,
!he 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,
!hat such leave lime may be limited to four (4) hours in any one working day at the employee's
supervisor's discretion. ·
d. An employee requestin9 to use paid sick leave must specify whether the use is for personal
illness or lo care for a family member. In the event that an employee exhausts his/her paid sick
leave, he/she may be entitled to add·,r,onal 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 lime Iha! would be in conflict with the inability to report for work and to perform the duties
assigned. If an employee violates this policy, appropriate disciplinary aclion 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 ma·,ntain his/her regular income. Under such circumstances, !he 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.
CITY OF ROHNERT PARK
Personnel Rules and Re9ulations
Page IO of 39
, crrYc)F HOIINEIH Plll<K
Personnrd f~u!es and Hequ!;)lions
0. Bereavemc_nt Leave -
1. In the case of denth within the irnmediate farrnly of ,m employee, 1he employee sh,111 be entitled to
three (3) days of paid leave. /\n e1dcf1lio1wl two (?) days of sick or vc.ication leave may be lilken upon
approv<.11 of lhc em'ployce's supervisor if the employee must travel out of \he area (at least 250 miles
one way).
2. Immediate farni!y in this case rne,ms: spouse, domeslic pmlner, father, father--'in-!aw, mother,
mother-in-law, brother, brother-in-law, sister, sister-in-law, child (includino stepchildren), stepparents,
aunts, uncles, grnndparents, grandparent-in-law, grandchildren ;md reblionships in loco-parentis and
close personal relationships. with the approval of the City Manaqer or hls/her designee.
The employee's supervisor may require proof of death of the person(s) for whom the employee is
tc1king bereavement le3ve.
E. Military Leave·
1. Eligibility. Ttie City orants military leave lo all employees for scrv·,ce in the uniformed s'ervices· in
accordance with federal and stale law.
2. Notice. The employee must notify his/lier supervisor of upcoming military duty al soon as he/she
becomes aware of his/her oblinalion and provide a copy of his/her mili!my orders.
3. Compensation. Employees on lcmpormy m,lit;:,ry leave will be paid their normal salnry 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 1he 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 mililmy compensation if the employee is called to ;,ctive duly as a result of a declaration of
emergency, war, or as necessary for homeland security as declared by the President of the United
Stales, Secretary of Defense, Secretary of Homeland Security or the Governor of California. In such
cases, the employee shall submit his/tier military earning statement to the Finance Depar1ment,
Payroll Office to assist in calculating the employee's salary. In no event will the employee be
compensated in excess of his/her norm;:1! City salary. All other mili!my leave is unpaid except where
nCccssary to mainlain exempt status under the Fair Labor Standards Act. Employees may elect to
use nny other accrued paid leave lime (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. /\II 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
condi1ions 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 appli~~~ble agreements, outlines, rules, policies and procedures and all stale and
federal laws. Such benefits may be subject lo individual plan provisions.
b. Pension plan benefits. During any period of paid leave, the City wHI pay the employer and
employee contributions to CalPERS. /\dditionally, employees returning from military leave are
entitled lo pension benefits that accrued during military service and lo any CalPERS contributions
CITY OF ROIINEfH P/\RI<
Persormel Rules and Regulations
Pa9e 11 of 39
CITY OF ROHNERT PARK
Personnel Hules and Hequla\ions
!hat would have been rnade if the employee h8d 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 paid military leave. Employees
relurninD from military leave are entitled to begin accruing vacation at the rate the employ~e
would have allained 1f the employee had not taken military leave.
d. Seniority. Employees returning from military leave are enlilled to the seniority and other rights
and benefits determined by seniority that they would have attained with reasonable certainly had
the employee not taken a rnililary leave.
5. Reinstatement. Employees w,11 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
inforrnal1on does not yet exist or is not readily available, however, the employee is required to provide
the information as soon as it ,s available. f,einstatemenl 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 workday that would fall eight hours after he or she
rclurns home, unless reporting within such time frame is impossible and then the employee must
report as soon <JS 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 lo
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 al least 1250 hours during the 12-month period immediately preceding the leave.
FML may be gra~led for the following reasons: (1) the birth of a child lo 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-rnonth period within which the leave must be taken begins 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 intermil\ent or reduced leave schedule. "Intermittent leave" is_ leave taken in separate
blocks of lime due to a single event, rather than for one continuous period of time, and may include
periods of not Jess than 1/4 of an hour and up to several weeks. The City may require an employee
CITY OF ROHNERT PARK
Personnel F~ules and Regulations
Page 12 of 39
CJTY·Or HOI INErn l'/\f,K
.' Personnel Hules ,ind HeDulations
who is on a reduced work scl'ledule or intermittent leave lo temporarily lransfer to an alternative
position, with the same pay and benefits, if the alternative position better accornmo(btcs the required
work sctwdulc th.:m the employee's usual position_
4. Notice of leave. /In employee must provide at least lhirly (30) 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 9ive lhir1y (30) days advance notice for
foreseeable events without ,my reasonable excuse for the delay, the City reserves the rigl,t 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 hc'!alth condition, a health care
provider must provide writlen certificnlion lo support the request for leave The statement for an
employee's serious heaJth condition shall specify Ilic cornmencernent date of the event which prevents
the employee from perforrnin9 the functions of his/her position, the anticipated duration of the leave,
8nd a statement that the employee is tmcJb!e to perform the essential functions of his or her position.
The statement for the employee to attend to ,1 family member shall stale tlie date of commencement of
the serious healltl condition; lhe probable duration of the condition; an eslimate of the mnount of lime
that the health care provider believes the employee needs to take in order to care for the family
member; and that the serious health condition warrants lhe participation of the employee.
If the FML request is for the employee's own serious he;:ilth condition, the City may require, at its
expense, a second opinion from a health care provider designated by the City. The health care
provider designc,ted by the City will not be one who is employed on a regular basis by the City. If the
second opinion differs from the first opinion, the City may require, al its expense, thal 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 bin<l"1ng on tt,e City and the employee.
I\ new statement from a health care provider may be required if the employee requests an extension
to the leave requested in !he original statement.
The City does not require the certification cHsclose the underlying diagnosis without consent from the
employee.
6. Pay during leave. FML is unpaid excepl to the extent the employee elects to substitute accrued paid
leave time. /In employee may use accrued sick leave when the FML is for the employee's or the
employee's family member's serious health condition. /In 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 leave 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, al 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 thi1t fall during FML
9. Reinstatement. Except as provided in Section 21.3.7, an employee wl10 takes FML shall be eligible
for reinstatement to the employee's former position al the former rate of pay. However, if the position
CITY or HOHNER[ PAm<
Personnel Hules nnd Regul;:1tions
Page 13 of 39
CITY DF ROHNHn P 111,K
Personnel F'<ules and Hegulalions
is not available due lo business necessily, the City may jnstead offer the employee a job that is
corr1pm~;1ble in terms of p8y 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 been approved.
10. Reinstatement for key employees. If reinstatement of a key employee causes a substantial and
grievous 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 amon9 the highest paid 10 percent (10%) of all City employees as determined
at the time of the request for leave.
11. Statement re9ardin9 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 durin9 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 <mother slate 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.
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 PDL 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)_ PDL 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
alternative 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 PDL 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.
CITY OF ROHNERT l'IIHK
Personnel Hules 2nd H.c9u!ations
Page 14 of 39
CITY OF HOI INEln PAHi<
: Personnel Hules and r:{eoulalions
/\ health care provider's st,:1ternenl must be submilled verifyin~J the need for pre9nancy disability leave
or for transfer, statinD the followinff
a. The date on which the employee became dls,:1blcd dtw to preonancy, childbirth or related medical
condition or the date on which the need for 3 transfer becarne medically <1dvisable;
b. f"hc probable duration of tlie period or periods of disability or the need for transfer; and
c. I\ statement Iha!, due lo the disability, the employee is unable lo perform one or more of the
essenftal functions of her position without undue risk to herself ond, the successful completion of
her pre9n.:mcy, or that transfer is medically advisable.
/\ new statement may be required if the employee requests <Jn extens'ton of lime beyond that
specified in the ori9inzil statement.
Any channes in the information conl8ined in the health c;.-ue provider's sln!ernent must be
prompily reported by the employee lo the Human r,esources Department
6. Use of accrued leave while on pregnancy disability leave. An employee may use any combinalion
of accrued paid leave during the duration of POL. The substitution of paicl leave does not extend the
rnaxiinum len9th of a PDL.
7. Insurance benefit premiums during POL /\n employee will receive the sc1me insurance benefits
crnd premium payments durin9 PDL as if the employee were not on leave, for a maximum of twelve
( 12) workweeks. /\n employee on unpaid PDL beyond this period may continue heallh insurance or
other benefit coverage ril own her expense, at !he Cily's 9roup rnlcs. The employee mus! 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.
3. Other benefits during POL Durino any portion of PDL for which an employee substitutes other paid
leave benefits, the employee will continue to accrue paid leave benefits (i.e., sick leave, vacalion
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 holid,iys worked) for
holidays that fall during the PDL
9. Reinstatement. /\n employee who takes POL shall be eligible for reinstatement to her former position
at her former r<1te of pay. However, if the same position is no longer available due to business
necessity, the City may ins lead offer a job that is comparable in terms of pay and duties.
If an employee fails to report to work promplly at the end of POL, 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 PDL 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
enoaged in other work during a POL that is inconsistent with the employee's use of PDL.
12. Definition of health care provider. A heallh 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 sur9eon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopath·1c physician or sur9eon 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 heallh care services" as set forth in the federal
Family and Medical Leave Act and its implementing re9ulations.
CITY OF nOIINERT PAI<!\
Personnel Hules and He9ulations
Pa~JC 1 :.> of 39
CllY OF HOHNERT P/\RK
Personnel r~ules and Hegu!alions
H. Work-Related Injury And Illness Leave -
1. Eligibility. All City employees are covered by Workers' Compensation Insurance. All regular
employees are eli[Jible for industrial sick leave as provided in the current applicable memorandum(s)
of agreement.
2. Reporting accidents and injuries. 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 lo 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
discipline, up to and including termination.
3. Temporary disability benefits. An employee eli9ible 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 charqed to the extent of wages paid by the City lo 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 lime absent
on such leave.
I. Witness Duty -
An employee who is required to appear as a witness or lo 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 lo 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 durin9 the lime 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,
administrative leave or compensatory lime for this purpose.
J. Jury Duly -
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 lo 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.
CITY OF ROHNEHT P/\RK
Personnel Hules and F~egulations
Page 16 of 39
CITY m llOHNCRI P/\l<I\
." Personnel r~ules and l~equ!;ilions
AU other employees will be nranled leave without pay except where necessary to rnain10·1n lhe employee's
exempt st.:1tus under ltK~ Fair Labor Standards Act.
If ,m employee is required to report to jury duly within 2 hours of the scheduled start of the workday, the
employee is no! required lo reporl to work at lhce start of Ille workday, bu! shall report directly to jury duty. If
an ernployce is rele~1scd from jury duty with morn than onc--half of his/her workday rernziinin9, lhc
employee is required 10 report lo work lo cornplele lhe re9ularly scheduled workddy.
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 /\dminislrative Leave will be qranlecl for Ille followinn purposes
a. School visit leave. /\n employee who is a parent, 9randparent, or duly appolnled guardian with
cus1ody of a cl1ild in a licensed day cme facility or in kindergarten throunh 12'" nrade will be
9rnntecl up to ~O 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. /\dclitionally, a parent,
nrandparent, or guardian of a chHd may take time off to appear at a school in connection wilh the
suspension of a cl1ild. 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
c1ccornrnodate the leave or provide leave without pay.
Written proof of ll1e date and time of the visit signed by an appropri;:ite school official may be
required to be provided to t11e Personnel Officer on return to the job.
b. Voling leave. Any employee, if he or she does not have sufficien11ime outside of working hours
to vole, may request up to two (2) hours of accrued paid leave ei1her al the beginning or end of
scheduled workin9 hours to enable lhe employee to vole. If 11,e employee has no accrued paid
leave, time off shall be 9ranled withou1 pay except where necessary to maintain exemptions
under applicable state and fcdeml wane and hour laws.
c. Domestic violence leave. An employee who is tt1e victim of domestic violence may lake unpaid
leave or use any available paid time off benefits to ensure his/her l1ealth, safety or welfare, of tha1
of his/her child, by obt;iining a temporary restraining order, a restraining order, or other court
assistance. /\ddi1ionally, an employee may lake leave to seek medical or psychological
1reatment, to obtain necessary social services, and/or to participate in safely planning or lake
other actions to increase safely. The employee must provide reasonable notice of 1he need for
such leave and sl1all 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.
cl. Crime victim assistance leave. An employee who is the victim of a crime, 1he immediate family
member of a victim, a registered domestic par1ner 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 proceeclinus related to that crime.
e. Emer9ency duty and training leave. Volunteer firefighters and other emergency personnel may
take an unpaid leave or use accrued leave to perform emer9ency duty. Volunteer firefighters
may lake up to 14 clays leave per calendar year 10 engage in traininf). The employee must
provide reasonable notice to the Personnel Officer of the need for such leave and shall provide lo
the Personnel Officer satisfactory evidence of participation in Ule emerqency duty or trainin9.
CITY OF HOHNEln P/\f,K
Personnel Hules and Hegulations
Pa~JC 11 of 39
GrTY OF HOHNER! PAl,K
Personnel Rules and Htigulalions
f. Miscellaneous leave. In addition to the leaves described above, the Personnel Officer may
approve other requests for unp8id leave al 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 domestic pmtners (effective J:inuary 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 appment 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 lime 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.O.B.R.A. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires the City
to oiler 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 lo 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 leave 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-month 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
CITY OF FOHNERT PAHK
Personnel Rules and Regulations
Page 18 of 39
CllY Of WJIINI RT 1'/\PK
Personnel !{oles ;Jnd Fc9ulal'lons
1he1<".lpist is confidentiaL No inform.:1tion is provided lo tile City rF~gmdlnu an e!ioible rnernber's use of
the EAP. To rnakc an appointrnent with a counselor call Ci9na Beh,:,vioral llea!lh <JI (3B8) 371-1125.
For more information, contact lhe 1-/urnan Resources Department.
5 Health Care Tax-free dollar account pro9ram. This proorarn allows permanent fu!l-ltme or par!-tirnc
employees lo set aside a maximum of $3,000 per calendvr year of before tax wages tor medical
prerniurns, co·-payrnents, or out of pocket medical costs, as authori2ed by t11c lnlern,:11 r~evcnue
Services and the California Franct1ise Tax Board. /\ regular employee becomes eli~Jible on cbte of
hire. Employee parllcipation in !his program is coordinated through the Finance Dep(-utment. r he tax
deferral limits are subject to change due to changes in federal and/or state law.
G Dependent Care Assistance program. This program allows eliqible full-time or part-time employees
to se1 0sidc a maximum of $5,000 per calendar year before lax wa~ws for child G1re expenses as
3ulhorized by tho Internal Hevenue Services and the Cc1hfornia Franchise Tax Board. /\ regular
employee becomes eligible on dc:1le of hire. Employee participation in this prograrn is coordinated
through the Finance Department. The lax deferral limits are subject lo chan9e due lo changes in
federal and/or stale law.
7. Deferred income program. The City participates ·1n 0 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
t11e California Franchise Tax Board. A regular employee becomes eligible on date-of-hire. Employee
participation in this program is coordinated througt1 !he Finance Deparlrnent. The tax deferral limits
;:ire subject to change due to changes in federal and/or stale Jaw.
8. Hepatitis B program. Below is 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 Prograrn 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 Firefigl1ter
Reserve Officer
Seasonal Maintenance /\ssistant
Maintenance Helper
Maintenance Worker I
Maintenance Worker ll
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 t11ey are in one of the jobs cl;isses listed above) information on what
Hepatitis 13 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 s,ifety records.
CITY OF f<OHNERT l'/\HK
Personnel Hules and Regublions
Pa9e 19 of 39
CITY OF ROHNERT P/\1,K
Personnel r-<:ules and Hegulalions
Employees who wish the 3·shot Hep. B series qo qel their shots, inform HR when they received each
shot, Dnd turn in their receipt for reimbursement. Employees wilh Kaiser insurance can get them free
of charge lhrouqh Kaiser as preventative care and necessary due to their job class. Employees with
Blue Cross insurance are instructed to gel 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 repeal 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 lo 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 notice.
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 qualifications 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.
CITY OF ROHNErn PARK
Personnel Hules and Regulations
Page 20 of 39
CITY ()F HOHNEHT PIIHK
• Personnel Pules and Pcqul;1!ions
3. Request for eligible employees. When a vacancy occurs, the Supervisor may request a list of
names of persons in City employ who qtwlify for promotion to the v,::icant position for consideration
from !he Hurn.:m r~esources Dep;;ntrnenl.
4. Determining pay for promoted employees. r~cfcr 10 Section/. Pay Plzins and Compensation, Part
B, Section 3.
C. Trainee Proqram -· In an effort to provide upw<.ud mobility opportunilies for current City employees and to
provide employment opporlunilies to the qeneral publ'1c, the Personnel Officer can add t11e word "Trainee"
lo any classificalion, wilhin lhe financial nbility of the City, cxcepl those represented by a bargaining unil,
employed by the City and to recruit and select individu<Jls to fill positions as deemed ;)pprop(iate.
1. The training program provides an opportunity for a current employee to ~pin additional skills by:
a. additional experience in a different dassiHc;Jtion,
b. additional schooling;
c. completion of an c.lppropriate examination;
d. obtaining a Stale certificate or license in a specific classificalion.
2. Recruitrnenl for lhese posilions may be promotional or open as deemed appropriate by lhe Personnel
Officer and lhe lnilial salary would be up lo lhirty percent (30%) below lhe be9inninq of lhe established
salnry range.
3. Transition from trainee classification may occur as emty ils six (6) months but no taler than lwo (2)
years from the date of appointment. Minimum qualifications for lhe position must be altained prior to
transition. Transition may occur upon recommend0tion 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 dislrict, Sonoma Stale University, Sanla Rosa Junior College, or an accredited trade school. This
proor8m would be conducted in cooperntion wilh the applicable bm9aining units.
E. Probationary Period. The probalionary periods sel forlh in Section 5 also apply lo all placements
resulting from the in-house recruitment process.
SECTION 5 -RECRUITMENT PROCESS
A. Announcement of Vacancies · Notices of employment opportunities in lhe Cily will be first announced in
house, via electronic mail, allowing current employees lhe opporlunily to apply for the position. The
announcement will also be posted in lhe Cily offices and publicized in any other ways necessary to allract
the best qualified candidates.
1. Open recruitment. The Personnel Officer has lhe discretion to begin open recruitment oulside of City
employ when l,e/she knows lhal lhe City does nol have employees with lhc required knowledge or
skills.
2. Notices. Such notices !isl lhe classes in which vacancies are an1icipaled, specify the class title, salary
range, fringe benefits, lhe nature of work performed and lhe qualifications required for employment in
the class, lell when and where to file applicnlions for employmenl, and give information aboul the
testinn, scorln~J and selection procedure to be used.
CITY OF HOHNE!n PIIHK
Personnel Hules and Regulations
Pa9e 21 of 39
CITY OF ROHNERT PN!K
Personnel f~ule~ and l-~c9ulations
B. Applications .. Every applicant respondin9 to a City recruitment shall file an official City application form.
/\pplicalions shall be available in the City's Human Resources office. Applications and supporting
documentation filed with the City are the property of the City. /\ny 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 Personnel Officer deems pertinent to an evaluation of the
applicant's fitness for a position.
2. Deadline for filin9 applications. Applications and all required documents must be filed in the Human
Resources Department on or before the final filing date and lime 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 lhe requirements established for the examination or position for which application
has been rnade;
b. excessively uses narcotics and/or intoxicating liquors lo the extent that they are unable lo perform
lhe essential funclions of the position;
c. a11 employee 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 eli9ibility or
appointment;
e. has directly or indirectly obtained information regarding the content of an examination lo which an
applicant is not entitled;
I. previously been dismissed for cause from any public or private employment or resigned lo avoid
such dismissal;
9. h8s failed lo submit a complete and/or si9ned application within the specific lime limits;
h. h8s failed to reply within five (5) working days from the dale mailing, to communications
concerning availability for employment;
i. has made himself/herself unavailable for employment by requestin9 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, includin9 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 deterrninin9 whether an individual with a conviction is disqualified,
the Personnel Officer will consider the fotlowin9 factors:
a. the employment classification to which the person is applying, including its sensitivity,
CITY OF ROHNERT PAFK
Personnel Rules and Hegulations
Page 22 of 39
OTY OT POI IN[IH PNJK
· Personnel Hules ;)nd Henubtions
b. nature and seriousness of the conduct,
c. tile !englh of time since lhe conduc1,
d. Hie aue of the individu,i! at the lirnc of conduct,
e. circumstances surroundinu the conduct,
f. contributing soci,:11 or environmental conditions, and
9. the presence or Jbsence of rehabilitation or efforts at rehabilitation.
5. Employment of relatives. A posilion wilhin the Cily will not be filled by an individual, where that
individual would be subjecl to supervision, evc1luation, discipline, or decisions regc.~rding compensation
by a close relative. No person will serve in a department where the Supervisor Is a dose relative or in
8 division where the division head is a close relative. For a definition of "close relative," see the
9lossary of terms at lhe conclusion of these rules.
6. Noiification of disqualification. If an applicant is deemed disqualified for any of I11e above reasons,
the Personnel Officer will notify the applic;,nt or eligible in writing at his/her last known address, of Hie
action taken. An appliuint has the right lo respond orally or in writing within five (5) working days from
the date of mailin9 to the Personnel Officer, with no further right to appeal.
C. Selection Procedure~. The method used lo select employees shall be impartial and shall relate to those
subjects which fairly measure the abilities to execute the duties and responslbilities of the classification ·1n
which the vacancy exists. Selection procedures consist of one or rnore of the methods listed below. The
same method shall be applied equally in a single examination.
1. Application. Information the applicant supplies on the City's application form, and any altachments
thereto will be reviewed under the supervision of the Hurnan 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 lhe applicant examined lo
execute the duties and responsibilities of the class, to which they seek to be appointed. Examinalions
may consist of, but are not limited to, such techniques as writlen 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. Applicanls for positions are required to provide documentary evidence of
education, training, or experience. The City reserves the right lo re-test the skill level of any applicant.
4. Scoring and rating. The Personnel Officer will eslablish 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 percenlage or
additional points. See example below for detailed explanation.
CITY OF HOHNERf P/IHK
Personnel Pules and Regulntions
Page 23 of 39
CITY OF ROHNERT P/\f,K
Personnel l~ulcs anti Regulations
PERCENTAGE EVALUATION (sam.J2!Ql
Employee's Total Score= 80%
Yems 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 Regubr 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 ,:111<..1 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. tn accordance with Resolution 2001-271, the City does not grant preferential status to any select
group of persons when applying for a position.
D. lntgrview 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 · /\Iler 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 not 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 lo meet any of the minimum standards established for the position for which
the eligible list was prepared;
CITY OF ROHNERT PAFm
Personnel Rules and Regulations
Page 24 o!'39
ClfY 'CJI' WJHNE Rf 1'11111<
, Personnel Hules and He9ulations
cl. failure lo contacl the Personnel Officer within five (5) workin9 days from the dale of nolice of an
inlerview or offer of appointment;
e. determination by !he Personnel Officer Iha! the applicant has violnled one or more of the
provisions of Section 5.B.'1
'1. Vacancies_ When a vac3ncy occurs in a class for which there is an eligibility list, the J-Jersonnel
Officer will transmit the names, and ,all supportin9 documents, of all candidates with tho top five
ranking scores on the eligibility list to the Supervisor for consideration.
F. Appointment Process ·· All appointments to position vacancies will be made in accordance with these
rules and regulations. 1 he power to appoint and dismiss City employees is vested in the City Mana9er
(Personnel Officer).
1. Vacancy. The vacnncy 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. 1he Personnel Officer may make a provisional appointment to a position if
there is no 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. Mec~t lhe requirements of trainin9 and experience established for the position;
J1. 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 elig·1bles on such eligibility list
who are available for or who wish to be considered for appointment to the position;
m. The Supervisor may submit a written request and justification to lhe 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 ilppointee shall receive the minimum salary for the class to which the position is
allocated, except that:
J. In cases of extreme difficulty in filling a position, the Personnel Officer may approve
appointment at a salary above the minimum.· In su9h 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
J1. In hiring exceptionally qualified personnel, the Personnel Officer may approve appointments
at a salary above !he minimum for the class.
G. Conditional Offer of Employment · An offer of employment is contingent upon the results of the following:
1. Reference checks. Prior to conducting reference ·inquiries a prospective employee will be required lo
sign a release allowin9 the City to ncquire information about the applicant from former employers.
CITY OF ROHNERT PARK
Personnel Rules and Re9ulations
Page 25 of 39
crrY OF HOHNERT PAHK
Personnel Rules and Regulations
2. Medical examination. Applic,mts who have been offered a reqular position with the City are required
to participate in a pre-employment physical.
Each job classification has specific physical standards and me rensonably 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 slated 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 lo evaluate performance. Probation is part of the promotional, training, testing and selection process.
The probation period begins on the dale of appointment. It is the responsibility of the supervisor lo
communicate with the employee in re9ards 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 Safely employees, and not less than twenty-four (24) months for Management
employees. Employees who receive promotional appointments must serve another probationary
period of al 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. /\II efforts will be made lo 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 lime 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 wrillen performance review.
b. The performance review will take place ten (10) working days prior lo the end of the initial
probationary period.
4. Rejection during probation period. During the probationary period, an employee may be rejected al
any time for any reason by the Personnel Officer. Employees who are dismissed during their
probationary period have no right lo hearing or appeal. Notification of rejection must be served lo !he
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.
CITY OF HOHNERT PARK
Personnel Rules and Regulations
Page 26 of 39
.CITY OF 1<01 INERT P/\l<K
. Personnel Hules ;Jnd He9ulations
SECTION 6 -SEPARATION AND REINSTATEMENT
/\n employee may be se.par,J\ed from employment by res·19nation, dlsnf1ss.:il, retirement, or layoff on account of
bck of work or lack of funds. The dismissal for cause of regular employees will be in accordance wilh the
provisions of Section 3. Other seprn8tion procedures and reinstatement procedures are set forth below.
A. Separation and/or Resiqnation --An employee w·1shin9 lo reston js required to notHy his/her supervisor in
writing at least two weeks prior to their intended leave from City employment. /\ copy of the written
resignation will be given to the Personnel Officer and then placed in the employee's personnel file.
1. /\n employee who has resigned ·,n wrding may w·1thdraw his/her resi9nation prior lo the final ,l8te
stated on the letter of resignation. The withdmwal letter will also be placed in his/her personnel file.
2. /\n employee who leaves employment without so filing a written resignation and givin9 two (2) weeks
notice, as required above, wHI have t11is fact noted in his/her file ,md may be denied future employment
by the City.
B. Reinstatement Upon application of a former regular employee, who has properly resigned, the
Fersonnel Officer may, at his/her sole cJ"rscretion, approve reinstatement of the former employee as
provided below:
1. /\n employee separated from the City's employ for six (6) months or less may be reinstated without
competitive exam·,nalion to the position held at date of separation, or lo any other position within the
same classification for which the employee would have been cli9ible al lime of separation. Former
reoul,ir full-t"rrne City employees returning lo City service within the six (6) month period will be granted
the full benefits they were receiving at time of separation as if there was no break in service.
2. /\n 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. /\ny employee who resigns without proper notice or resigns during an investigation or disciplinary
action will not be eligible for reinstatement.
5. /\n employee who is 9ranted an authorized leave to which he or she is entitled under a federal, stale
or local Jaw requiring reinstatement shall be reinstated to his/her former position as provided by law.
C. Layoff -Whenever ii becomes necessary to reduce the number of employees due lo Jack 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 lo 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 lo 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:
CITY OF ROHNERT PARK
Personne~ Rules and Regulations
Page 27 of 39
CITY OF ROHNERT Plll<K
Personnel Rules ancl Regulations
a. Within a classificalion, those employees who are probalionary employees in their initial
probationary period will be laid off first, followed by employees in a promotional or tmnsfer
probationary period.
b. The order of layoff for regular employees within a depmtmenl will be determined by considering
business necessity, each employee's job performance and competence, and seniority.
,. "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 stale law requires it to be included in the seniority calculation).
11. Once seniority determinations have been made, layoffs are macle in reverse seniority order
(i.e. the most junior employees are laid off first).
'"· Ties in seniority shall be resolved by the Personnel Officer, laking into account the past
performance, disciplinary actions (if any), supervisor recommendations, and such other facts
as will result in the City retaininn the most qualified and efficient employees.
3. Notice. Employees shall be niven at least ten (10) business days' wrillen notice prior to the effective
date of the pendinn 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 nol 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 takinn early retirement and/or "9olden hand shake".
5. Retreat rights/voluntary demotion in lieu of layoff.
a. An employee who would otherwise be laid off has the ri[Jhl 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 would otherwise be laid off has the right to retreat to another position in the
same classification series or to 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
ri[Jhts set forth herein.
c. An employee who would otherwise be laid off may request to be temporarily demoted to any
vacant position for which the employee is qualified.
d. An employee who wishes to exercise any of the ri[Jhts set forth in thi;· subsection 5 must so notify
the Personnel Officer in writing within five (5) business days of receivinn the notification of
pendinn layoff.
CITY OF ROHNERT P/\RK
Personnel Rules and Regulations
Page 28 of 39
Cr!Y ,JF fWllNERT PNU,
.· Personnel Htiles c)nd He9ulations
e. /\n employee who retreats or is demoted to a position Gs 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 ernployces who have been laid off, including those who
have accepted a demotion or retreated to another position arc to be placed on a layoff reinsl8lemenl
list by seniority within the classification from which the employees were laid off. /\n employee's name
remains on this list for a period of one (1) year from dale of hyoff; 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 returnino 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 of the offer shall be deemed a rejection.
7. Offer of reinstatement. If the position previously held by a laid 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.
<l. Restoration of benefits upon reinstatement. When an employee is re·,nstated to employment after
layoff, all his or her prior service shall be counted toward the calculation of le8ve accruals and
seniority. Any unused sick leave which the employee had accrued at the time of layoff shall be
restored. If an employee is reinstated to a position in which he or she was serving a probationary
period at the time oflayoff, all time on probation previously completed prior lo 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 employees are prohibited from:
1. Participating in improper political activity prohibited by the federal Hatch /\ct or pertinent provisions of
State Law including the California Government Code;
2. Using for private oain 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. /\ccepting 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 inforination to anyone to wt1om issunnce of such information has not been
authorized; or
6. Participatino in any employment or other activity, which will prevent an employee from doin9 his/her
City job in an efficient and wpable manner, is illegal pursuant lo state or federal law, or which might
CITY OF ROHNERT PARK
Personnel Hules and Hegulalions
Page 29 of 39
cnY OF HOHNEPT PAl,J<
Personnel Rules and Hegulati.ons
result in a conflict of interest between the employee's private interests nnd his/her official duties ;)nd
responsibilities.
B. Outside Employment . City employees me 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 ilbility 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 workinq hours when such overtime or emergency duty is a
regular part of his or her job;
3. business conducted usino 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 8ny 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 8 to hearing
and appeal 8S 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 re9ular employee 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, whether
oral or written;
CITY or POHNEPT PAf,J<
Personnel Rules and Regulations
Page 30 of 39
. CITY OF FOi iNERT PAFK
Personnel H.ules .:ind Hegulations
8. Disclosure of confidential personal information of another employee;
9. Negligent or willful damage to or waste of public equipment, properly or supplies;
10. Improper or unauthorized use of Cily vehicles 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 hmassment,
discriminvlion or other unlawful activities;
13. Possession of an open container, use of, or being under the influence of ;:1!cohol, 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, nol returnin9 from an approved leave-of-3bsence or oblaininn a leave-of-
absence under false pretense;
16. Soliciting any favors or gifts from persons, concerns or corporntions who have, or seek to have,
business contacts with the City;
17. /\cCepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with lhe City in excess of the Conflict of lnlercsl guidelines established in lhe
Rohnert Park Municipal Code Chapter 2.60;
18. Failure to observe safety regulations Dnd practices, includ·ing the use of assigned personnl protective
equipment;
19. D"lscourteous, 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 conlendere) of a felony or any crime involving moral
turpitude;
23. Conviction of a misdemeanor (including by plea of guilty or nolo conlendere) that is of n nature as to
adversely affect the employee's ability to perform the duties and responsibilities of l1is 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 lhe 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. 0ml reprimands are
noted by the supervisor, but are not documented in the employee's personnel file.
2. Documented counseling. A wrilten memorandum showing that the supervisor has met with the
employee to discuss a specific problem(s) or deficiency and whicl1 sets forth the recommendations
given lo the employee to address the problem(s) or deficiency in order to improve performance.
Although a copy may be sent lo 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.
CITY OF ROHNEIH PAr,K
Personnel Hules and Hegulations
Page31 of39
CITY OF HOHNERT PAHK
Personnel Hules vnd Fegu!ations
3. Written reprimand A formal wrilten notice lo an employee slating the specific details concerning !he
subject of the reprimand, sumnwrizin9 previous related disciplinary action, if any, and describing the
plan for improvement. A wrillen reprimand shall include the date of the reprimand and a statement
advising the employee Iha! continued conduct or performance at such levels may result in more
serious discipline, up lo and including dischar9e. At !he lime a wrilten reprimand is issued, the
employee is entitled lo bring a representative of his or her choice. The employee shall review the
reprimand and si9n ii and then sh;ill be given a copy of ii. Written reprimands are not subject to
appeal, although an employee has three (3) workin9 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 !he request of the employee, records of minor discipline
will be removed from the employee's personnel file three (3) years alter the date of the written
reprimand or documented counselinq. Records will be removed provided the employee has received
satisfactory perlormance reviews in the subsequent lhree (3) year period from date of the wrilten
reprimand/documented counseling and no further discipline has been initiated. The employee shall
initiale the request to remove records of minor discipline through his or her Department Head. The
employee's Department Head shall coordinate this request lhrouqh Human Resources to ensure the
appropriate criteria has been met lo remove the records. Nothing in this section is intended to prevent
documentation of progressive discipline.
C. Major Discipline -Ma1or 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 lo 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 lo 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 lo 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 dale of the aclion;
c. The specific reason(s) or cause(s) for the actions;
d. A copy of all written materials upon which the action is based, and
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 hearin!J to explain why the employee believes the proposed
C:rTY OF ROHNEHT PARK
Personnel Rules and Regulations
Pa9e 32 of 39
CITY c)F FOIJNERI P/\Fl<
Personnel f~ules and Henulations
major discipline should not be imposed. /\ request 1or such a hearing must be submitted in
wrilinq within ten (10) workin,J days of receipt of the Notice of Intent.
2. Informal hearing (i.e. Skelly hec,ring). /\I the <employee's request, an informal hearin9 will be held
prior to the impos·1tion of major discipline. ·rhis hearin9 is not <m cvidentiary henrin9, but rather an
opportunity for the employee lo present information as lo why the proposed major discipline should not
be imposed. Except by stipulation of the City and the employee, the hearin9 shall take place within
ten working (10) days of the employee's request for hearing, and ii may be rescheduled only once al
the employee's request. The followinq pawrnelers ;ipply to the informal hearino:
a. The hearinq shall be comlucled by a responsible person desiqnaled by the Personnel Officer.
b. The hearing shall include lhe employee, the employee's chosen representalive(s) -(reasonable
number), ("lnd others as directed by the hearin9 officer. /\bsent extenuating circumstances, the
employee's failure to oppe,u waives his or her ri9ht lo suci-1 a hearinu.
c. The hearin9 shall be tape recorded or slenographically recorded, and a copy of the tape
recording or transcript shall be provided lo the employee upon request.
d. At the hearing, the employee shall be rJiven iln opportunity, eitt1er or;illy or in writing, or both, lo
bring forward facts or circumstzmces which rnay cause the charges lo be revised or dismissed. If
the employee's information is presented by his or her represenlcllive, all statements made by the
representative shall be allributed lo the employee as if made by him or her personally, and ii is
the employee's obligation lo correct any misstalemenl(s) by the representative.
e. Following the hearing, the l1earing officer will make a wrillen recommendation lo the Department
Head who issued the Notice of Intent ;is 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 lo determine how lo
proceed. If he or sf1e decides to dismiss the proposed discipline, wr,llen notice of the dismissal shall
be provided to the employee as soon as practicable. If the decision is lo impose discipline either as
proposed or in some modified or reduced form, a wrillen Notice of Discipline shall be prepared. The
Notice of Discipline shall slate:
a. The specific type of disciplinary action that will be imposed;
b. The specific reason(s) or cause(s) for the actions, setnn9 forth specific facts that form the basis
for the decision;
c. The effective dale of the action; and
d. The applicable appeal rights available to the employee pursuant lo these Personnel Rules.
Disciplinary action becomes effective on the date staled in l11e Notice of Disciplinary Action,
notwithstanding an employee's timely request for an evidenliary hearing before the Personnel Officer.
E. Appeal from Major Discipline -/\ny employee on whom major discipline has been imposed shall be
entitled to an appeal hearing as set forth below.
1. Timing. /\n employee wishing lo exercise the ;ippeal rights provided in this Section must deliver a
written Notice of /\ppeal to the Personnel Officer within ten (10) workin9 days after the date of the
Notice of Discipline.
CITY OF ROHNEFff P/\Rl<
Personnel Hules and Hcgulations
PaDe 33 of 39
CITY OF f!OI INERT PAHK
Personnel Hules and Hcgulations
2. Employee representation. Employees may represent themselves or be represented by legal counsel
or representative(s) of the employee's recogni2ed 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
wilhin thirty (30) working days of the receiving the Notice of. Appeal. The hearin9 shall be closed and
confidenlial. Prior to !he hearin9, !he Assistanl City Mana9er or his/her desi9nee shall supply the
hearing officer with (1) !he, Notice of Intent and any attachments, (2) the Skelly hearing officer's wrilten
recommendalion, and (3) !he Notice of Discipline and any attachments. Other hearing procedures are
as follows: ·
a. Hie employee's presence is required. Failure to appear al 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
zidrninistr8tive appeal.
b. The hearn19 shall be slenographically recorded.
c. Any and all wilnesses other than the City's representative shall be excluded from the proceedin9
uni ii called to teslify, excepl as mutually agreed to by the employee and the City's representative.
d. Order of hearing shall be:
,. The Cily's representative, followed by !he employee, may make preliminary openin9
statements.
"· The City's representative may present oral or documentary evidence, or both, in support of
!he City's position; the employee may cross-examine all witnesses called by the City.
"'· The employee may present oral or documentary evidence, or both, in support of the
employee's position; the City's representative may cross-examine all witnesses called by the
employee.
iv. The Cily's representative, followed by the employee. may make a closin9 statement.
e. The hearing shall be conducted in an efficient manner conducive to determining the issues,
however, !he technical rules of evidence do not apply. Any relevant evidence may be admitted ii
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 !hat would violate other employees' rights to privacy and
confidentiality of their personal information. The hearin9 officer (with advice· 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 hearin9 officer may recommend
changes to the proposed discipline. However, ii the hearing officer finds that the underlyin9 facts
9iving rise to lhe char9e(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. II the hearin9 ollicer 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. II the hearing officer
finds that none of the char9es are supported by the evidence presented, the recommendation
shall be that no disciplinary action be taken. ·
CITY OF m)HNERT f'AHK
Personnel Rules and Regulations
Pa9e 34 of 39
CITY.()f FO\INERf P/\FK
~ Personnel l~ulcs and l~c9ulations
'1. City Manager's Determination. The he~Jrinu officer's flmf1n9s and recommendZJ!ions shall be
forwmdcd lo lhe Cily Manager for his or her review. The Cily Mana9cr will follow lhe
recornrnendations of the heming officer unless he or she can show cause that the hearing officer
abus-ed his or her discretion.
a ·r Im C11y Manaqer shall review lhe enlire record (including the Nol ice of lnlenl, lhe record of
Skelly proceedings, lhe Skelly officer's writlen recommendalion, the Notice of Discipline, the
evidence and record zit the evidenliary hearing, and U1e <.1ppeal hearing officer's written findings
and recornrnenda!ions).
b. The City Mzmager shall issue a decision irnposin9 the disciplinary action he or she deems
appropriate and in the besl interests of the City.
c. The Cily Manaqcr's decision sliall be in writin9 and shall be final. 1,1 shall include a copy of the
appeal, hearing officer's findings and recornmendc1lions and sh<lll be filed as c1 permanent record
in the ernployee's personnel file.
d. Notice of the City Manager's decision, along with a copy of both lhe City Manager's decision and
the appeal J1earing officer's findings and recommendations, shall be served on the employee by
person"! service or by registered or certified mail. The notice shall also include a statement of
the employee's riqht to seek judicial review wilhin 90 days pursuant to Code of Civil Procedure
1094.6.
F. Use of paid administrative leave. Not11ing in this Secr,on 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 Governmenl Code Section 3300, the Stale 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 lhe POBRA are the following: Public Safety Officer
Trclinee, Public Safety Officer, Public Safety Sergeant, Public Safety Supervisor (LT), Public Safety Division
Commander, and Director of Public Safety. It shall be the policy of lhe City to extend lhese same rights
and privileges to all non-sclfely members of the Rohnert Park Public Safety Officers' Association, except
!hose 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 respecl to non-safety members of the Rohnert Park Public Safety Officers'
Association.
For safety and non-safety employees alike, the phrase "locker, or other 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-assignin9 a departmental
asset to meet a necessary operational requirem.ent.
CITY OF r,OltNERT PAr,K
Personnel Hules and Requlalions
Page 35 of 39
CITY OF flOIINERT l"ARK
Personnel r::.:ules and Hegulations
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 orininol, 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 recruitinf).
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, stale law established in 1993, and is administered by the California
Department of Fair Employment and Housing.
CITY COUNCIL -The duly elected governing body of the 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 responsibilities, that the
same descriptive 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-Jaw, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent-
in-Jaw, 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 enou9h to w,:1rrcmt disciplinary action on its
own.
CITY OF ROHNERT PARK
Personnel Rules and Regulations
Page 36 of 39
CITY {)F l<OIINIIH l'/\RK
personnel Hules and Hw1utations
DOMESTIC PARTNER -Two adulls who have chosen to share one another's lives in an intimate and
cornrnitted rclalionship of rnutunl caring. To be eligible both parties must file a De<;laralion of Domestic
Partnership with the C;:1lifornia Secretary of Stole.
ELIGIBLE .. A pen;on whose name ·1s on an ernployrnent list.
ELIGIBILITY LIST --A list that contains the names of qualified cnndidates, for a specific cl;issification. who lwve
completed all examination processes and arc ranked, in order of the score or ralin9 received.
EMPLOYEE -Any person appointed to fill an aulhorized employmenl pos·11ion in !he City service. Elected
officials, volunteers, unpaid interns, and those appointed lo advisory boards, committees, and commissions are
not employees. The categories of employees are:
Regular: A regular ernployec is one who h.:is passed prob.ilion and holds .1 regulmly ,1uthorized position
with benefils. Fegular employees may only be disciplined for cause. There ;ire 3 lypes of re9ulm
employees:
1. Regubr full-lime: a person who holds a budgeled (40) forty-hour per week position, with duties and
responsibilities that do not end in a specific lime period, and who is entitled to full benefits with the City
pursu,mt to the applicable Memorandum of A9reement or appliC8ble Outline of Benefits for the
ManwJernent and Confident',al Units.
2. Fegular part-tirne: a person who holds a budgeled position, with duties and respons·1bilities that do not
end in a specific tirnc 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 ,Cily revenues (e.9., federal or state 9rants).
Probationary: A probationary employee is someone in a regular full-or parHirne position who is serving a
trial period as provided in Sections 4 and 5.
Special: A special employee is one hired for a special purpose to meet the needs of tt1e 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 willi'1n a twelve (12) month period. Seasonal employees do nol participate in the
City's benefit programs.
3. Emer9ency employees -employees hired lo 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 lo 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.
CITY OF f<OHNERf P/\l<K
Personnel Hules <1nd He9ulc1tions
Page 37 or 39
CITY OF f<OHNERT P/\f1K
Personnel r~ules and Regulations
Techniques utilized may consis1 of, bu1 no1 limited 1o any of the followin\r 1raditional paper and pencil 1ests,
performance tests, skills test, or oral assessment.
EXEMPT -/In employee in a specific classification who, according to lhe Fair Labor Standards /let (FLS/1) 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 Ou\line of Benefits for the Management and
Confidential Units.
FAMILY AND MEDICAL LEAVE POLICY -Provides for employee leave during times of illness or family
emer9encies. In compliance with California Family Rights Act and Federal Family Medical Leave Act.
FMLA -Family Medical Leave Act, federal law established in Hl93 and administered by the Department of
Labor.
GRIEVANCE -A complaint by an employee relating to wanes, hours, and workin9 conditions. Disciplinary
action cannot be grieved.
LEAVE-OF-ABSENCE WITHOUT PAY -Time away from work, which the employee has requested, and the
City Mana9er 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 a9reement on wages, hours, benefits, and other
conditions of employment for designated classes between the bargaining units and the City that have been
adopted by the Ci1y Council.
NOLO CONTENDERE -Latin for "no con1est." In a criminal proceeding, a defendant 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 Y, times normal pay for hours worked over 8, 9, 10 in a 24 hr. period and/or any
hours worked over 40 hours in a 7 day period, as outlined in the MOA's and/or Outline of Benefits for the
Mana9ement and Confidential Units.
PDL -Pregnancy Disability Leave, California law es1ablished in 1994, and administered by the California
Department of Fair Employment and Housing.
PERSONNEL OFFICER -Is the Ci1y Manager, and is responsible for 1he administration of all Personnel Rules.
Throu9hout these Personnel Rules, the term "Personnel Officer" deno1es the City Manager or his or her
designee.
POSITION -A specific ollice 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-1ime, seasonal, hourly, and/or
temporary.
PROBATIONARY PERIOD -A working test period during which an employee is required to demonstrate fitness
for the posi1ion 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 resi9ned in good
standing and who is entitled to preference in appoin1ment to vacancies in that class.
CITY OF ROHNERT P/IRK
Personnel Rules ::md Regulations
Page 38 of 39
CITY OF f<OI INE Rl P/\PI<
.' Personnel Hules and f<cgulations
RPEA ---Hohnert P<.1rk Employees' /\ssocialion. The bbor bar~pinin9 and representation unit for adrninislralive,
technical and sttpport employees.
RPPSOA --Hohner! Park Public S<ifety Officers' Association. The h:1bor bmoaininn and represenl<llion unit for
Public Safety Sergeants, Public Safely Officers, f'ublic Safety Dispalchers, Comrnunicillions Supervisor,
Community Services Officers, Parl-Tirne Dispatchers, and Public Safely Officer Trainees.
RULES -The Personnel Hules and Regulalions of the City of Rohnert Pmk ;,s contained in lhis document.
SALARY -A regulm employee's b;ise pay as approved by lhe Cily Council in lhe classification and salmy plan
i.e. pay rates and r;,:mges, computed on a monthly basis.
SALARY RANGES ... The rale(s) assi9ncd to a classification in lhe pay rales and ranges
SEIU -Service Employees lnterrwtionzil Union Local 707. The labor bargainin9 and represen!zi!ion unit for
certain City employees in lhe Department of Public Works.
TEMPORARY APPOINTMENT -An "ppointrnenl of r,mited duration in lhe absence of available eligible
employees or applicants.
TERMINATION· The ending of any ernploymenl relationship between an employee and the Cily.
TRANSFER -A chan9e of an employee from one position to m10ther position in the same class or another class
helving essentially the mnximurn salary limits, 8nd involving the performance of similar duties.
'NORKDAY -Is a twenty-four (24) hour period beginning al Ille same time each calendar day.
WORKWEEK · Means any forty (40) hour period within seven (7) conseculive days slmting wilh the sarne
calendar day each week.
RESOLUTIONS EFFECTING PERSONNEL POLICY
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
EMPLOYEE GRIEVANCE PROCEDUFE
EQUAL OPPORTUNITY EMPLOYER
POLICY AGAINST DISCRIMIN/\TION 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 CON"TINUATION 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
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
CITY OF ROHNERf P/\RK
Personnel Hules and Regulations
Page 39 of 39