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2021/06/22 City Council Resolution 2021-081 RESOLUTION NO. 2021-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE TENTATIVE AGREEMENT ON A FOUR YEAR PROPOSAL WITH THE ROHNERT PARK PUBLIC SAFETY MANAGERS' ASSOCIATION (RPPSMA) WHEREAS,the Rohnert Park Public Safety Managers' Association (RPPSMA) has ratified the terms and conditions contained in their Tentative Agreement on a Four Year Proposal with the City of Rohnert Park(City) dated June 16, 2021; and WHEREAS,the City Council wishes to recognize and approve the terms and conditions of the Tentative Agreement on a Four Year Proposal with RPPSMA. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the Tentative Agreement on a Four Year Proposal with the RPPSMA 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 ''i'-' ,RT PARK i ,P P erard ' M. or ATTEST: Sylvia Lopez as, City Clerk Attachment: Exhibit A ADAMS: LINARES: STAFFORD,/[1a5(/�ELWARD ••/ GIUDICER, AYES: ( ) OES: ( 49) ABSENT: ( I ) ABSTAW: (�) I EXHIBIT A ATTACHMENT A M EMORANDUM OF A GREEMENT Between THE CITY OF ROHNERT PARK and the ROHNERT PARK PUBLIC SAFETY MANAGERS ASSOCIATION (RPPSMA) Effective June 2225, 202117 – June 30, 20251 Exhibit A Tentative Agreement June 16, 2021 Formatted: Centered, Space Before: 48 pt, Linespacing: Exactly 18.75 pt, Font Alignment: Baseline TABLE OF CONTENTS TO BE UPDATED 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 ........................................................................................................................... 3 5.1 Fringe Benefit Administration ................................................................................................... 3 5.2 Administrative Leave ................................................................................................................. 4 5.3 Catastrophic Leave .................................................................................................................... 5 5.4 Hearing Aid Benefit ................................................................................................................... 5 5.5 Paternity Leave.......................................................................................................................... 5 5.6 Family and Medical Leave ......................................................................................................... 5 5.7 Light or Limited Duty ................................................................................................................. 5 5.8 Americans with Disabilities Act ................................................................................................. 5 5.9 Employee Death ........................................................................................................................ 5 5.10 Medical and Health ................................................................................................................... 6 5.11 Dental Insurance ....................................................................................................................... 7 5.12 Vision Insurance ........................................................................................................................ 8 5.13 Adoption Benefit ....................................................................................................................... 7 5.14 Death/Bereavement Leave ........................................................................................................ 8 5.15 Funeral Benefit .......................................................................................................................... 8 5.16 Long-Term and Short-Term Disability Insurance ........................................................................ 8 5.17 Life Insurance ............................................................................................................................ 9 5.18 Deferred Income ....................................................................................................................... 9 5.19 Retired, Deceased and/or Permanently and Totally Disabled Employees .................................. 9 5.20 Clothing Allowance .................................................................................................................. 11 5.21 Education and Training ............................................................................................................ 12 5.22 P.O.S.T. Certification Pay ......................................................................................................... 12 5.23 In-District Pay .......................................................................................................................... 12 5.24 Retirement Programs .............................................................................................................. 13 5.25 Dependent Care Assistance Program ....................................................................................... 14 5.26 Health Care Tax-Free Dollar Account Program ......................................................................... 14 5.25 Counseling Services ................................................................................................................. 15 6. SAFETY EQUIPMENT .................................................................................................................... 15 6.1 Replacement Equipment ......................................................................................................... 15 6.2 Personal Equipment ................................................................................................................ 15 6.3 Safety Glasses and UV Eye Protection (Sunglasses) ................................................................. 15 RPPSMA MOA ◊ June 2225, 202117 through June 30, 20251 Page II Formatted: Font color: Dark Red 7. COMPENSATION ADJUSTMENTS .................................................................................................. 15 7.1 Total Compensation & Compaction Analysis ........................................................................... 15 7.2 Compaction Trigger ................................................................................................................. 16 7.3 Critical Incident Call Out Pay .................................................................................................... 16 7.4 Court Time Pay ........................................................................................................................ 16 7.5 Police and Fire Services............................................................................................................ 16 7.6 Paychecks ................................................................................................................................ 17 7.7 Pay Change Effective Dates ...................................................................................................... 17 7.8 Salary Adjustments .................................................................................................................. 17 8. ALCOHOL AND DRUGS ................................................................................................................. 18 8.1 Alcoholic Beverages or Other Drugs......................................................................................... 18 8.2 Off Duty Hours ......................................................................................................................... 18 8.3 Prescription Drugs ................................................................................................................... 18 9. GRIEVANCE POLICY AND PROCEDURE .......................................................................................... 18 10. USE OF CITY FACILITIES ................................................................................................................ 19 11. MANAGEMENT RIGHTS ................................................................................................................ 19 12. WORK CURTAILMENT (NO STRIKE CLAUSE).................................................................................. 19 13. TERM OF MOA ............................................................................................................................. 19 14. INVALIDATION ............................................................................................................................. 20 14.1 Suspension of Agreement ........................................................................................................... 20 14.2 Replacement ............................................................................................................................... 20 15. NON-DISCRIMINATION ................................................................................................................ 20 16. PERSONNEL FILES ......................................................................................................................... 20 17. EMPLOYEE PERFORMANCE EVALUATIONS ................................................................................... 20 18. PERSONNEL RULES AND REGULATIONS ....................................................................................... 20 19. SUCCEEDING AGREEMENT ........................................................................................................... 20 20. COMPLETE UNDERSTANDING ...................................................................................................... 21 INDEX ........................................................................................................................................... 23 ATTACHMENT A .................................................................................................................................... 24 RPPSMA MOA ◊ June 22, 2021 through June 30, 20251 Page III Commented [A1]: To be updated 1 RPPSMA MOA June 22,25 202117 through June 30, 20251 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 Commanders (formerly referred to as “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. For purposes of this Agreement, the title “Public Safety Commander” shall not be used for salary survey or benchmarking purposes. Any such surveys shall be based on like assignments. The change in title from “Public Safety Lieutenant” to “Public Safety Commander” does not result in any increase to wages or benefits. 1. Hours, Days and Period of Work (a) Public Safety Lieutenants: The primary workweek for management employees 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. 2 RPPSMA MOA June 22,25 202117 through June 30, 20251 (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 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 Years 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. Formatted: Underline Formatted: Left, Level 2, Indent: Hanging: 0.81", Keepwith next, Tab stops: 0.4", Decimal aligned + 0.5", Left+ Not at 0.45" 3 RPPSMA MOA June 22,25 202117 through June 30, 20251 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 Public Safety Commandersunit members who are directed to work on any holiday observed by the City. Holiday Pay may 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 RPPSMA MOA June 22,25 202117 through June 30, 20251 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. 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 5 RPPSMA MOA June 22,25 202117 through June 30, 20251 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 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. 201701- 109270, adopted December 11, 2001August 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 Family and Medical Leave Employees may request an unpaid leave of absence under the California Family Rights Act (CFRA) and/or the Federal Family Medical Leave Act (FMLA). Requests for family and medical leave shall comply with the requirements of the CFRA and/or the FMLA. 5.67 Light or Limited Duty Employees injured or ill from either on-the-job (industrial) or off-the-job (non-industrial) causes may , at the City's sole discretion, be assigned to light, limited, or modified duty. The City and the employee shall have an interactive process meeting upon receipt of the request, unless the City intends to grant the employee’s request and finds that an interactive process is not needed. An employeeThey may be assigned duties that differ from the his/her normal work duties of the employee. 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 6 RPPSMA MOA June 22,25 202117 through June 30, 20251 duties, when the City is no longer able reasonably to accommodate the employee’s restrictions, or as otherwise permitted by law. 5.8 Americans with Disabilities Act The City recognizes it has an obligation under law to comply with the Americans with Disabilities Act (ADA) and disability provisions of the California Fair Employment and Housing Act (FEHA). 5.79 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. 5.810 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 7/1/16- 6/30/18 2018-2019 2019-2020 2020-2021 Employee Only (Single) $500 $500 $515 $530 Employee + 1 (Two Party) $1,000 $1,000 $1,030 $1,060 Employee + 2 (Family) $1,400 $1,400 $1,450 $1,500 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 7 RPPSMA MOA June 22,25 202117 through June 30, 20251 (c)(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. (d)(c) Alternate Benefit: Employees who opt out of medical coverage are eligible to receive an alternate benefit in the amount of $400$350 per month (provided as specified below) if they satisfy the following conditions: 1. The employee must provide proof of and attest to having minimum essential coverage as defined by the Internal Revenue Service (IRS) through another group health plan (or other plan deemed acceptable by the IRS) for the employee and for all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable plan year to which the opt out payment applies. The employee is not required to have coverage through a group health plan outside 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. (e)(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. (e) Re-Opener If Needed To Address Requirements Of, Or Changes To Affordable Care Act If, during the term of this Agreement, the legal requirements of the Affordable Care Act, or its successor, have an impact on City rights and obligations regarding health benefits for City employees that cause the provisions of Article 5.10 to be out of compliance with law, the parties agree to re-open Article 5.10 in order to meet and confer over such impacts. 8 RPPSMA MOA June 22,25 202117 through June 30, 20251 5.911 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. 5.102 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 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. 9 RPPSMA MOA June 22,25 202117 through June 30, 20251 5.113 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. 5.124 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 residual sick leave bank or 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. 5.135 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. 5.146 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. 5.157 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. 10 RPPSMA MOA June 22,25 202117 through June 30, 20251 (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. 5.168 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. 5.179 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. 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. 11 RPPSMA MOA June 22,25 202117 through June 30, 20251 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. (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. 12 RPPSMA MOA June 22,25 202117 through June 30, 20251 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. 5.1820 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 uniform maintenance allowances shall be prorated for the 2017 calendar year to reflect the effective date of the allowance provided by this section. 5.1921 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 13 RPPSMA MOA June 22,25 202117 through June 30, 20251 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. 5.202 P.O.S.T. Certification Pay The City will provide P.O.S.T. Certification Pay to Commanders 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. 5.213 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. 5.224 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. 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 14 RPPSMA MOA June 22,25 202117 through June 30, 20251 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 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 15 RPPSMA MOA June 22,25 202117 through June 30, 20251 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. 5.235 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. 5.246 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. 5.257 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. 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 16 RPPSMA MOA June 22,25 202117 through June 30, 20251 (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. (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. 17 RPPSMA MOA June 22,25 202117 through June 30, 20251 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 membersPublic Safety Commanders authorized to operate Public Safety vehicles. 7. Compensation Adjustments 7.1 Total Compensation & Compaction Analysis The City and RPPSMA desire to ensure that the difference between the total compensation of Commanders 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 18 RPPSMA MOA June 22,25 202117 through June 30, 20251 Assignment Pay and In-District Pay), health benefits, and contributions to the California Public Employees Retirement System. 7.2 Compaction Trigger (a) Effective July 1, 2017, the compaction agreement below goes into effect. To avoid salary compaction between Public Safety Sergeants and Public Safety LieutenantsCommanders, 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 Commander (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 after July 1, 2017, this compaction trigger will be in full force and effect and the City will adjust the steps of the Lieutenants Commander 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 LieutenantsCommander. (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 Public Safety Commandersunit 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 Commanders 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 Commanders 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. 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 Commanders 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 LieutenantsCommanders to work police and fire service shifts under the following terms and conditions: 19 RPPSMA MOA June 22,25 202117 through June 30, 20251 1. Lieutenants Commanders 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 Commanders in the fire services shall not interfere or conflict with the regular work of the Lieutenants Commanders as determined by the Director of Public Safety. 4. The Director of Public Safety may assign Lieutenants Commanders to work patrol, as operationally necessary. 5. The receipt of pay for time so worked by Lieutenants Commanders 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. When the City acquires the technology to do so, tThe City may shall distribute paychecks/automatic deposit notices to employees electronically on each payday. For eEmployees requesting a physical paycheck, the City will send it by mail prior to the may pick it up on break or lunchtime at the City Hall front counter on payday. 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 pay period that includes July 1, 2021 or the first day of the first full pay period in which Council approves this MOA, whichever is later, the base salary for each bargaining unit member shall increase by five percent (5%) 1.6%. the Commander Pay Schedule shall be as follows: New Salary Range Effective 6/25/17 RANGE 95 CLASS STEP Hourly Biweekly Monthly Annually P.S. Commander (PSCMOR) 1 $ 53.32 $4,265.87 $ 9,242.73 $ 110,912.75 2 $ 55.93 $4,478.86 $ 9,704.20 $ 116,450.41 3 $ 58.78 $4,702.37 $ 10,1!.:.46 $ 122,261.53 Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight 20 RPPSMA MOA June 22,25 202117 through June 30, 20251 4 $ 61.72 $4,937.27 $ 10,697.41 $ 128,368.91 5 S 64.81 $5,184.44 $ 11,232.94 $ 134,795.34 6 $ 67.72 $5,417.74 $ 11,738.43 $ 140,861.13 This revised schedule shall be known as the 2017-2018 Pay Schedule. During the 20172018 fiscal year, existing employees shall be eligible to move to newly established Step 6 on the Pay Schedule on their first anniversary date after Council approval of this MOA. (b) 202218-202319 Increase: Effective the first day of the pay period that includes July 1, 202218, the 2017-20182022-2023 Pay Schedule shall be increased by two and a quarter percent three percent (2.253%). This revised schedule shall be known as the 2022-20232018-2019 Pay Schedule. (c) 202319-20240 Increase: Effective the first day of the pay period that includes July 1, 202139, the 2023-20242018-2019 Pay Schedule shall be increased by one and a quarter percent three percent(1.253%). This revised schedule shall be known as the 2023-20242019-2020 Pay Schedule. (d) 20240-20251 Increase: Effective the first day of the pay period that includes July 1, 20240, the 2024-20252019-2020 Pay Schedule shall be increased by one and a half percent (1.5 three percent (3%). This revised schedule shall be known as the 2024- 20252020-2021 Pay Schedule. (a) Effective the first day of the first full pay period after Council approval of this MOA, the Commander Pay Schedule shall be as follows: This revised schedule shall be known as the 2017-2018 Pay Schedule. During the 2017-2018 fiscal year, existing employees shall be eligible to move to newly established Step 6 on the Pay Schedule on their first anniversary date after Council approval of this MOA. (b) 2018-2019 Increase: Effective the first day of the pay period that includes July 1, 2018, the 2017-2018 Pay Schedule shall be increased by three percent (3%). This revised schedule shall be known as the 2018-2019 Pay Schedule. (c) 2019-2020 Increase: Effective the first day of the pay period that includes July 1, 2019, the 2018-2019 Pay Schedule shall be increased by three percent (3%). This revised schedule shall be known as the 2019-2020 Pay Schedule. 2020-2021 Increase: Effective the first day of the pay period that includes July 1, 2020, the 2019-2020 Pay Schedule shall be increased by three percent (3%). This revised schedule shall be known as the 2020-2021 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 Formatted: Font: (Default) Arial, Font color: Black Formatted: List Paragraph, None, Space After: 0 pt,Outline numbered + Level: 1 + Numbering Style: a, b,c, … + Start at: 2 + Alignment: Left + Aligned at: 0.5" +Tab after: 0.2" + Indent at: 0.5", Don't keep with next,Font Alignment: Auto, Tab stops: Not at 0.4" Formatted ... Formatted ... Formatted ... Formatted: Font: (Default) Arial, Font color: Black, NotHighlight Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, Left, Indent: Left: 0", SpaceAfter: 0 pt, Font Alignment: Auto, Tab stops: Not at 0.94" Formatted ... Formatted ... Formatted ... Formatted ... Formatted: Font: (Default) Arial, Font color: Black 21 RPPSMA MOA June 22,25 202117 through June 30, 20251 $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. 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. 2018-07679-22, adopted February 13, 1979June 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 Grievance Complaint Resolution Procedure Resolution” (Resolution No. 2018-07679-22), 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. The Formatted: Font: (Default) Arial, Font color: Black, NotExpanded by / Condensed by 22 RPPSMA MOA June 22,25 202117 through June 30, 20251 parties will conduct a joint labor-management study/evaluation of the current grievance procedure in an attempt to mutually agree on modifications beneficial to all parties. 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 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 June 25, 2017the date of Council approval of this MOA through June 30, 20251. 23 RPPSMA MOA June 22,25 202117 through June 30, 20251 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. 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 24 RPPSMA MOA June 22,25 202117 through June 30, 20251 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: ____________________________ Sylvia Lopez Cuevas, City Clerk Approved as to form: __________________________________ Michelle Marchetta Kenyon, City Attorney The following are incorporated in this agreement by reference: 25 RPPSMA MOA June 22,25 202117 through June 30, 20251 • Attachment A - Compaction Analysis • City Council Resolution No. 2018-07979-22, adopted June 12, 2018February 13, 1979 -– Employee Complaint Resolution ProcedureGrievance Policy and Procedure (Currently under review and subject to change.) • City Council Resolution No. 2017-2702001-270, adopted August 22, 2017December 11, 2001 -– Amended Catastrophic Leave Program • City's Personnel Rules & Regulations 26 RPPSMA MOA June 22,25 202117 through June 30, 20251 INDEX Administrative Leave ....................................... 4 Adoption Benefit ........................................... 8 Alcohol and Drugs ......................................... 18 Alcoholic Beverages or Other Drugs ............... 18 Alternate Day Off .............................................. 2 Alternate Retirement Health Benefits For Employees Hired Prior to July 1, 2007 ........ 10 Americans with Disabilities Act .......................... 5 Annual Leave Program..................................... 3 Catastrophic Leave .......................................... 5 Clothing Allowance ......................................... 11 Compaction Trigger ....................................... 16 Compensation Adjustments ........................... 15 Complete Understanding ................................ 21 Counseling Services ....................................... 15 Court Time Pay ............................................... 16 Critical Incident Call Out Pay ........................... 16 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 ................. 20 Family and Medical Leave ................................ 5 Floating Holiday ............................................... 2 Fringe Benefit Administration ........................... 3 Fringe Benefits ................................................ 3 Funeral Benefit ................................................. 8 Grievance Policy and Procedure ....................... 18 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 ................................................... 20 Life Insurance ................................................... 9 Light or Limited Duty ........................................ 5 Long-Term and Short-Term Disability Insurance .. 8 Management Rights ........................................ 19 Medical and Health ....................................... 6 Military Training ................................................ 3 Non-Discrimination ........................................ 20 Off Duty Hours ............................................... 18 P.O.S.T. Certification Pay .............................. 12 Paternity Leave ................................................ 5 Pay Change Effective Dates ............................ 17 Paychecks ....................................................... 17 Personal Equipment ....................................... 15 Personnel Files ................................................ 20 Personnel Rules and Regulations ...................... 20 Police and Fire Services ................................... 16 Prescription Drugs .......................................... 18 Proclaimed Holidays ......................................... 2 Replacement ............................................... 20 Replacement Equipment ................................ 15 Required Safety Employee Cost Sharing of Employer Costs Beginning July 1, 2019, and Continuing Thereafter ................................ 14 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 .................................. 13 Safety Equipment ........................................... 15 Safety Glasses and UV Eye Protection (Sunglasses) ............................................... 15 Salary Adjustments ........................................ 17 Succeeding Agreement .................................... 20 Suspension of Agreement ............................ 20 Term of MOA ................................................. 19 Total Compensation & Compaction Analysis .. 15 Use of City Facilities ........................................ 19 Vision Insurance ............................................... 8 Work Curtailment (No Strike Clause) ............... 19 Commented [A2]: Need to update ATTACHMENT B ATTACHMENT C