2021/06/22 City Council Resolution 2021-075 RESOLUTION NO. 2021-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING A MEMORANDUM OF AGREEMENT WITH THE
SERVICE EMPLOYEES' INTERNATIONAL UNION (SEIU)LOCAL 1021 —
MAINTENANCE WORKERS 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 Service Employees' International Union (SEIU) Local 1021 —
Maintenance Workers which had been ratified by the membership of SEIU; and
WHEREAS, in accordance with the terms and conditions of the Tentative Agreement,
staff prepared a final Memorandum of Agreement with the SEIU that requires no further
approval by SEIU 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 SEIU 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 RO - PARK
AlatiWt, 6/ 1
Gerar• Giudice r
ATTEST:
Sylvia Lo z Cuevas, City Clerk
Attachment: Exhibit A
ADAM LINARES• Q STAFFORD: ELWARDQ GIUDICE:
1 AYES: ( ) (WOES: ( c)) ABSENT: ( 1 ) ABSTAIN: ( . )
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
EXHIBIT “A”
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF ROHNERT PARK
AND THE
SERVICE EMPLOYEES INTERNATIONAL UNION
(S.E.I.U.) LOCAL 1021 MAINTENANCE WORKERS
EFFECTIVE June 22, 2021 – June 30, 2025
TABLE OF CONTENTS
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
1. Hours of Work .................................................................................................................................. 1
1.1 Regular Workweek .............................................................................................................. 1
1.2 Additional Shifts ................................................................................................................... 1
1.3 Temporary Alternate Work Schedule .................................................................................. 1
1.4 Emergency Work Schedule .................................................................................................. 2
2. Overtime .......................................................................................................................................... 2
2.1 Overtime Compensation Rate ............................................................................................. 2
2.2 Compensatory Time ............................................................................................................. 2
2.3 Call Back ............................................................................................................................... 2
2.4 Weeknight Stand-by Pay ...................................................................................................... 3
2.5 Weekend and Holiday Stand-by Pay ................................................................................... 3
2.6 Weekend and Holiday Stand-by Duty Work Assignments .................................................. 3
2.7 Stand-by/Call-out Minimum Pay ......................................................................................... 3
2.8 Eligibility for Stand-by/Call-out............................................................................................ 3
2.9 Phone/Electronic Work Compensation ............................................................................... 3
3. Holidays ........................................................................................................................................... 4
3.1 Observed Holidays ............................................................................................................... 4
3.2 Floating Holiday ................................................................................................................... 4
3.3 Holidays for Employees on Regularly Scheduled Day Off ................................................... 5
4. Annual Leave Program ..................................................................................................................... 5
4.1 Accrual ................................................................................................................................. 5
4.2 Residual Accrued Sick Leave ................................................................................................ 5
4.3 Annual Leave Administration .............................................................................................. 6
4.4 Short Term Disability ........................................................................................................... 6
5. Military Leave .................................................................................................................................. 6
6. Other Fringe Benefits ....................................................................................................................... 6
6.1 Fringe Benefit Administration ............................................................................................. 6
6.2 Catastrophic Leave .............................................................................................................. 7
6.3 Temporary Light or Limited Duty......................................................................................... 7
6.4 Payment to Beneficiary ....................................................................................................... 8
6.5 Insurance Coverage ............................................................................................................. 8
6.6 Alternate Benefit ................................................................................................................. 9
6.7 Dental Coverage ................................................................................................................ 10
TABLE OF CONTENTS
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
6.8 Vision Coverage ................................................................................................................. 11
6.9 Adoption Benefit ................................................................................................................ 11
6.10 Death/Bereavement Leave ................................................................................................ 11
6.11 Funeral Benefit .................................................................................................................. 12
6.12 Long-Term Disability Insurance ......................................................................................... 12
6.13 Life Insurance ..................................................................................................................... 12
6.14 Deferred Income ................................................................................................................ 12
6.15 Retired, Deceased and/or Permanently and Totally Disabled Employees ........................ 12
6.16 Clothing Allowance ............................................................................................................ 15
6.17 Education and Training ...................................................................................................... 16
6.18 Longevity Pay or Educational Incentive Pay ...................................................................... 16
6.19 Retirement Programs ........................................................................................................ 18
6.20 Dependent Care Assistance Program ................................................................................ 18
6.21 Health Care Tax-Free Dollar Account Program ................................................................. 19
6.22 Hearing Aid Benefit ............................................................................................................ 19
6.23 Paid Parental Leave ........................................................................................................... 19
7. Organization Security .................................................................................................................... 20
7.1 Bargaining Unit Recognition .............................................................................................. 20
7.2 Payroll Deduction .............................................................................................................. 21
7.3 Change or Cancellation of Deductions .............................................................................. 22
7.4 Indemnification .................................................................................................................. 22
7.5 Bargaining Unit Member Contact Information ................................................................. 22
7.6 Fair Representation ........................................................................................................... 23
8. Safety & Work Equipment ............................................................................................................. 23
8.1 Safety Items ....................................................................................................................... 23
8.2 UV Protection .................................................................................................................... 23
8.3 Basic Tool Kit ...................................................................................................................... 23
9. Salary Adjustments & Miscellaneous Pay ...................................................................................... 23
9.1 Salary Adjustments ............................................................................................................ 24
9.2 Paychecks ........................................................................................................................... 24
9.3 Pay Change Effective Dates ............................................................................................... 24
9.4 Certification and License Program ..................................................................................... 24
9.5 Bilingual Premium .............................................................................................................. 25
TABLE OF CONTENTS
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
9.6 COVID-Related Impacts Recognition Payment .................................................................. 26
10. Alcohol ........................................................................................................................................... 26
10.1 Alcoholic Beverages or Other Drugs .................................................................................. 26
10.2 Off-duty Hours ................................................................................................................... 26
10.3 Prescription Drugs ............................................................................................................. 26
11. Smoking ......................................................................................................................................... 27
12. Grievance Policy and Procedure .................................................................................................... 27
13. Use of City Facilities ....................................................................................................................... 27
14. Management Rights ....................................................................................................................... 27
15. Work Curtailment (No Strike Clause) ............................................................................................ 27
16. Personnel Rules and Regulations .................................................................................................. 28
17. Term of Agreement ....................................................................................................................... 28
18. Succeeding Agreement .................................................................................................................. 28
19. Invalidation .................................................................................................................................... 28
19.1 Suspension of Agreement .................................................................................................. 28
19.2 Replacement ...................................................................................................................... 28
20. Non-Discrimination ........................................................................................................................ 28
21. Personnel Files ............................................................................................................................... 29
22. Employee Performance Evaluations .............................................................................................. 29
22.1 Performance Evaluation .................................................................................................... 29
22.2 Employee Response to Performance Evaluation .............................................................. 29
23. SEIU Officers .................................................................................................................................. 29
24. Scrap Metal Fund ........................................................................................................................... 29
25. Labor Management Committees ................................................................................................... 29
25.1 Joint Labor Management Committee – Ad Hoc ................................................................ 29
25.2 Joint Labor Management Committee – Workload/Scheduling ......................................... 31
26. Layoff Procedure ............................................................................................................................ 31
27. Compensation Survey .................................................................................................................... 31
28. Complete Understanding............................................................................................................... 32
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
MEMORANDUM OF AGREEMENT
Pursuant to Government Code Section 3500 et. seq., the Service Employees International Union
(S.E.I.U.) Local 1021 and the representatives of the City of Rohnert Park have met and conferred
and hereby submit their joint recommendations for compensation and benefit adjustments for
represented Rohnert Park City employees in the Department of Public Works.
Hours of Work
Regular Workweek
The regular workweek for all employees shall consist of consecutive workdays,
Monday through Friday. The regular workday for employees shall consist of eight
(8), nine (9), or ten (10) hours of work as may be determined from time to time by
mutual agreement of the employee and his/her supervisor. With agreement
between an employee and his/her supervisor, the employee may volunteer for a
regular work schedule other than defined in this section.
Additional Shifts
In the event the City establishes additional ongoing shifts, i.e. swing or graveyard
shifts, City agrees to meet and confer with S.E.I.U. to develop a program for shift
differential pay.
Temporary Alternate Work Schedule
The City may, from time to time, need to schedule work at times other than the
regular workweek. In such instances, the City will establish a “temporary alternate
work schedule,” that will not exceed two months in duration. Temporary
alternate work schedules are planned in advance and as such, this provision does
not include emergency situations. For emergency situations, please refer to
Section 1.4. The City will publish the work assignment and temporary alternate
work schedule at least seventy-two (72) hours prior to schedule implementation.
Supervisors may request and employees may voluntarily agree to work according
to a temporary alternate work schedule. The decision by any employee to not
volunteer to participate in a temporary alternate work schedule shall not be cause
for any disciplinary action by the City. Among employees that voluntarily agree to
a temporary alternative work schedule, preference and priority of assignment will
be made on a seniority basis. The City agrees to pay employees that volunteer for
a temporary alternate work schedule at a rate equal to one and one half (1 & 1/2)
times the employee’s regular hourly rate for all hours worked except the City
agrees to pay employees two (2) times the employee’s regular hourly rate for all
hours worked between midnight (12:00 a.m.) and 6:00 a.m., and any hours
worked on any Saturday, Sunday or holiday as defined by this agreement.
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Emergency Work Schedule
In the event of an emergency, if staff is needed to work outside of their standard
shift, the hours they work outside of their standard shift will be paid at the rate of
1.5 times their hourly rate except hours worked between midnight and 6 am will
be paid at 2 times their hourly rate. Hours worked within the employee’s standard
shift shall be paid at the employee’s regular hourly rate. The time period of
emergency work shall be a maximum of 2 weeks; if the situation warrants more
time, refer back to Section 1.3. If an Employee is not available for emergency work
outside of their regular work schedule, this will not be grounds for disciplinary
action.
Overtime
Overtime Compensation Rate
Overtime compensation at the rate of one and one-half (1 & 1/2) times the
employee's regular hourly rate shall be paid for all hours worked;
(a) In excess of forty (40) hours in any workweek.
(b) In excess of employee’s regularly scheduled shift, as may apply in accord with
Section 1 above, in any one workday;
(c) On any Saturday or Sunday, or Holiday (with certain exceptions listed below in
this Section) as defined by this agreement.
Overtime compensation at the rate of two (2) times the employee's regular hourly
rate shall be paid for all hours worked;
(a) Between midnight (12:00 a.m.) and 6:00 a.m. on a weeknight or weekend.
(b) On Easter Sunday, Thanksgiving Day, Christmas Day or New Year’s.
Compensatory Time
A maximum of one hundred twenty (120) hours of compensatory time off may be
accrued by an employee by mutual agreement of the employee and the Assistant
City Manager. Accrual and/or utilization of compensatory time may not be
unreasonably denied. The City and S.E.I.U agree that compensatory time balances
will be reported on pay stubs.
Call Back
Employees who are called back to work after having left the work site shall be
entitled to a minimum of two (2) hours pay at the overtime rate. Callback is when
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
an employee is requested to respond and does respond to a Public Works
assignment between the employee’s normal quitting time and normal starting
time.
Weeknight Stand-by Pay
Employees scheduled to be immediately available on weeknights (Monday
through Friday) shall be considered to be on weeknight stand-by duty and shall
be paid at $15.00 per hour while on stand-by duty and available for handling
calls.
(a) Employees assigned to weeknight stand-by duty shall be responsible for lock-
up of the Corporation Yard (not to exceed 30 minutes) which is determined to
be compensated as part of the weeknight stand-by pay.
Weekend and Holiday Stand-by Pay
Employees scheduled to be immediately available on weekend and holiday stand-
by duty shall be considered to be on stand-by duty and shall be paid $15.00 per
hour while on stand-by and available for handling calls.
Weekend and Holiday Stand-by Duty Work Assignments
Employees on weekend and holiday stand-by duty shall be required to perform
certain routine assignments including but not limited to the routine inspection and
maintenance of facilities, such as wells, sewer plant, parks, swimming pools,
buildings, etc. Routine assignments shall be compensated at one and a half times
(1.5x) their base hourly rate for each hour worked.
Stand-by/Call-out Minimum Pay
Public Works stand-by/call-outs are subject to a two (2) hour minimum paid as
specified in section 2.1.
Eligibility for Stand-by/Call-out
All employees living within thirty (30) minutes of the City limits shall be eligible
for stand-by duty.
Phone/Electronic Work Compensation
An employee who is not on stand-by who is required to resolve work-related
problems by telephone or electronic means, during their non-work hours,
without having to return to the worksite shall be compensated for a minimum
of thirty (30) minutes of work for authorized work-related phone call(s) or
electronic activity conducted within a two-hour period, regardless of the
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
actual duration of the required work in that period. Telephone or electronic
consultation begins once the employee is called from a person or the computer
and responds with technical assistance and provides information or alarm
response to resolve an urgent facility or process problem. Pay is not required for
any calls or electronic activities lasting less than 5 minutes. No employee may
receive call-back, call-out, or stand-by pay, and phone/electronic work pay for
the same work or period.
Holidays
Observed Holidays
Employees will receive the following twelve and one-half (12 1/2) holidays
annually, specifically:
“New Years Day”, January 1
The third Monday in January, "Martin Luther King, Jr. Day"
Friday proceeding "President's Day”
The third Monday in February, "President's Day”
The last Monday in May, "Memorial Day"
“Independence Day”, July 4
The first Monday in September, "Labor Day"
The second Monday in October, "Columbus Day"
"Veteran's Day", November 11
The fourth Thursday in November, "Thanksgiving Day"
Day after "Thanksgiving”
12:00 Noon to 5:00 p.m. on Christmas Eve, December 24 (a total of four paid
holiday
hours)
“Christmas Day”, December 25
Every day proclaimed by the President, Governor or Mayor of the City as a public
holiday and made applicable to City employees.
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.
Floating Holiday
In addition to the recognized holidays identified in Section 3.1, each eligible employee
shall be allocated one floating holiday (equivalent to 8 hours for a full-time employee)
per fiscal year on July 1st. Each employee hired prior to July 1 of each year shall be
entitled to the floating holiday. New Employees hired between July 1 and December
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
31 will receive eight (8) hours of floating holiday time in the fiscal year in which they
were hired. Employees hired between January 1 and June 30 will receive four (4)
hours of floating holiday time in the fiscal year in which they were hired.
The floating holiday must be taken on a workday (1) within the same pay period as
the employee’s birthday; (2) immediately preceding or following a City observed
holiday; (3) within the same pay period as the employee’s work anniversary date; (4)
immediately preceding or following a weekend; or (5) immediately preceding or
following an approved annual or sick 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.
Holidays for Employees on Regularly Scheduled Day Off
If a scheduled or observed holiday falls on a regularly scheduled day off, the
employee shall be entitled to the pro-rated number of holiday hours, which may
be taken as time off in the pay period in which the holiday falls.
Annual Leave Program
Accrual
Employees shall accrue monthly the following Annual Leave:
Length of Service
as a Regular
Employee
Monthly
Annual Leave Hours
Yearly
Annual Leave Hours
0 to 2 years 12.67 Hours 152 Hours 3 to 5 years 14 Hours 168 Hours 6 to 10 years 16 Hours 192 Hours 11 to 15 years 18 Hours 216 Hours
16+ years 19.33 Hours 232 Hours
Residual Accrued Sick Leave
Effective July 1, 2011, employees shall not accrue any form of sick leave or
disability wage, non-industrial or industrial. However, employees who have
accrued fully-paid hours under either the sick leave or disability wage program
for non-industrial illness and injury shall retain the balance of such hours
accumulated as of July 1, 2011. Half-pay hours accumulated as provided by the
disability wage plan will be converted to fully-paid hours (balance divided by 2),
and credited to the balance of each employee covered by the disability wage
plan. Employees in the disability wage plan who have not received their 2011
anniversary allotment of 40 hours of full-pay disability wage at the time of
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
conversion will receive this additional 40 hours upon conversion. Paid leave for
approved absence due to injury or illness may be charged against this balance at
the employee’s discretion. Upon retirement from the City of Rohnert Park, an
employee may convert any remaining sick leave balance to service credits
pursuant to CalPERS regulations and procedures.
Annual Leave Administration
Annual leave hours may be used to provide paid time off for any approved
absence, including but not limited to vacation and illness. When annual leave is
used for sick leave purposes, the City may require the employee to submit
substantiating evidence of illness if there is a demonstrable pattern of abuse.
(a) Accrual Cap
An employee may accumulate annual leave credits up to a maximum of 550
hours of annual leave. Accrual shall cease until the annual leave balance falls
below the 550 hour annual leave cap.
(b) Cash Out
Accumulated annual leave shall be converted to cash upon separation from City
service.
(c) Seniority Preference
Preference for leave scheduling will be on the basis of seniority within
classification and/or as has been past practice.
Short Term Disability
The City will provide a short-term disability insurance program which includes
income replacement of 60% and benefits coordination to employees.
Military Leave
The City grants military leave and any related benefits maintenance, job seniority and
retention rights to all employees for service in a uniformed service in accordance with state
and federal law. The employee must notify his/her supervisor of upcoming military duty as
soon as he/she becomes aware of his/her obligation.
Other Fringe Benefits
Fringe Benefit Administration
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
City reserves the right to select the insurance carrier(s) or to self-administer any of
the fringe benefit programs provided during the term of this agreement. In the event
that any offered health plan is no longer offered, the City agrees to provide a suitable
replacement health plan that is substantially comparable and will agree to meet and
confer regarding same.
All benefits provided under this section (Section 6) are subject to the
characteristics of each individual benefit program.
The value or availability of the benefits provided in this Memorandum of Agreement
as originally worded or as amended from time to time may depend on their tax
treatment by the State or Federal government or the decisions of other government
agencies or departments, such as, but not limited to, the Public Employees
Retirement System. The City will endeavor to obtain the most favorable treatment
legally possible from these other governmental entities. However, the City makes no
representation concerning the value of such benefits to unit members or how they
will be taxed or otherwise treated by other agencies or departments. The City's
obligations under this Memorandum of Agreement are limited to the direct cost of
providing the salary and benefits as described in this Memorandum of Agreement.
The City shall have no additional financial obligation, even if the tax or other
treatment of such salary or benefits by other agencies or departments reduces or
eliminates their value to the employee.
(a) The City will continue all employee benefits and pay the appropriate
premiums, as specified in the applicable section(s) of this agreement, due for
an employee out on an authorized leave while an employee is being
compensated by annual leave time, compensatory time, and/or residual sick
leave time.
(b) Employee may continue certain employee benefits during an authorized leave
without pay for the period of the authorized leave by making payment to City
for said benefits.
Catastrophic Leave
Leave benefits shall be provided as outlined in the Amended Catastrophic Leave
Program, a copy of which is attached hereto, approved by City Council Resolution
No. 2017-109 adopted August 22, 2017.
Temporary 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
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
interactive process is not needed. The interactive process meeting shall include
the Human Resources Director, the employee’s Union Representative/Steward,
and the employee’s direct supervisor. Such assignments may involve duties that
differ from the normal work duties of the employee. Requests for permanent job
accommodations shall be handled through the interactive process required by
state and federal law.
Payment to Beneficiary
Upon death of an employee, any unused annual leave, and compensatory time
shall be paid to the employee's surviving spouse or beneficiary. In the absence of
a spouse or beneficiary, any unused vacation, and compensatory time shall be
paid to the primary beneficiary specified by the employee on the employee's
enrollment/beneficiary card for City provided Life Insurance.
Insurance Coverage
The City shall provide the insurance programs described in this Section. The City
reserves the right to provide these insurance programs by self-insurance, through
an insurance company or by any other method which provides the coverage
outlined. Any premiums paid by the employee eligible for Section 125 will be
deducted from the employee’s pay on a pre-tax basis. These provisions will remain
in effect during the term of the agreement unless the parties by mutual agreement
agree to different insurance coverage including “cafeteria” style benefits plan.
(a) Health Insurance
The City shall offer employees and their eligible dependents, a health
insurance program under the terms set forth below:
i. For the term of this agreement employees will have a choice of Kaiser
Permanente (Traditional $20 Co-Pay Plan, Traditional $40 Co-Pay Plan and
HSA); REMIF Self-Insured Plans (Traditional $250 and $500 Deductible Plans
and HSA); Sutter Health Plans, or any other comparable health plan offered
by the City.
ii. The City will contribute up to the following amount per month toward the
cost of employee medical insurance premiums for City’s offered health
plans at the employee’s enrollment level:
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
Enrollment Level 2021-2022
(Effective July 1,
2021 or the date of
Council approval
of the MOA,
whichever is later)
2022-2023
(Effective July
1, 2022)
2023-2024
(Effective July 1,
2023)
2024-2025
(Effective
July 1, 2024)
Employee Only (Single) $561.80 $578.65 $596.01 $613.89
Employee+ 1 (Two Party) $1,123.60 $1,157.31 $1,192.03 $1,227.79
Employee+ 2 (Family) $1,590.00 $1,637.70 $1,686.83 $1,737.44
iii. The City shall provide a copy of the summary description of all health care
programs offered by the City to each employee upon request.
iv. Regular part-time employees may elect to participate in health insurance plans
and the City will contribute a pro-rata amount (based on the allocation of the
position) towards the premium. The part-time employee will be responsible
for the balance of the premium through payroll deductions. If the part-time
employee does not select coverage, no cash payment will be made in lieu of
the insurance.
(b) Joint Commitment to Affordable Health Care
The parties are committed to providing quality and affordable health care for
all members. Ninety (90) days prior to open enrollment, parties will work
together through their Joint Labor Management Committee to review
preliminary health care rates and discuss any potential changes to plan design
to reduce costs. Any changes to plan designs, including providers, will be made
by mutual agreement during the term of the MOA. However, changes
necessitated by REMIF’s transition from fully insured plans to self-insured
plans are outside the scope of this agreement. The City is also willing to
participate in discussions with S.E.I.U. that could lead to the overall reduction
in insurance costs.
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:
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
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.
The alternate benefit program meets all requirements for exclusion from
“regular rate” calculations.
Dental Coverage
The City shall offer employees and their eligible dependents, a dental insurance
program under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases during
the term of this Understanding. Premiums will be set by the insurer, or if self-
insured by the City, using fiscally prudent methods. The City shall provide a
copy of the summary description of the dental program offered by the City to
each employee upon request.
(b) In general, the program includes basic dental insurance coverage of payment
to Delta Dental PPO network dentists of the indicated percentage up to the
maximum of $2,000 for each eligible person per year for the following
benefits:
(i) One hundred percent (100%) of the cost of diagnostic and preventative care.
(ii) Eighty-five percent (85%) of the cost of basic dental services.
(iii) Eighty-five percent (85%) of the cost of crowns and restorations.
(iv) Fifty percent (50%) of the cost of prosthodontics.
(v) Two thousand dollar ($2,000) maximum benefit for dental services per
person per year.
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
(vi) Fifty percent (50%) of the cost of orthodontics with a one thousand five
hundred dollar ($1,500) lifetime maximum benefit per person.
(vii) Services rendered by dentists outside of the Delta Dental PPO network
(including Delta Dental Non-PPO Dentists) are covered at a reduced rate;
are subject to the limitation of section (v) above and a one thousand five
hundred dollar ($1,500) lifetime maximum orthodontic benefit per person.
Vision Coverage
The City shall offer employees and their eligible dependents, a vision insurance
program under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases during
the term of this Understanding. Premiums will be set by the insurer, or if self-
insured by the City, using fiscally prudent methods. The City shall provide a
copy of the summary description of the vision insurance program offered by
the City to each employee upon request.
(b) In general, the program includes an eye examination once each twelve (12)
months, lenses once each twelve (12) months, and frames once each
twenty-four (24) months. An employee may purchase contact lenses in lieu
of the benefits summarized above.
Adoption Benefit
That the City provides a six hundred dollar ($600) per child cash benefit to
employees adopting minor children to help offset the cost of adoptions.
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 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 step-children), step-parents, aunts, uncles, grandparents,
grandparents-in-law, grandchildren, relationships in loco-parentis, and close
personal relationships with the approval of the City Manager or his/her
designee.
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
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.
Long-Term Disability Insurance
The City shall provide, at no premium cost to employees, long-term disability
income protection insurance coverage. The basic benefit shall be sixty six and two
thirds percent (66-2/3%) of the employee's monthly base pay with a maximum
benefit of five thousand three hundred thirty three dollars ($5,333). In no event
shall the employee receive more than full salary. The benefits provided under this
section are subject to the characteristics of the individual program.
(a) The waiting period for the above long-term disability benefits plan shall be
ninety (90) days.
Life Insurance
(a) The City will continue to provide, at no premium cost to employees, fifty thousand
dollars ($50,000) life insurance coverage provided to employees and one
thousand dollars ($1,000) for dependents, and which coverage includes
accidental death and dismemberment benefits.
(b) The City will allow, subject to the insurance carrier's approval, any employees
to purchase, at their own cost, additional life insurance coverage under the
City's group program.
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.
Retired, Deceased and/or Permanently and Totally Disabled Employees
This Section 6.17 (including subsections) applies only to employees hired prior to
July 1, 2007, and providing continuous City service since that time. The language
in this section has been revised from that contained in the previous MOAs
between the City and S.E.I.U. for the purposes of administrative clarification, and
does not represent a change in benefits provided to current employees or
retirees.
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
1. Definition of Terms
(a) “Eligible Employee” means any regular full-time or regular part-time
benefited employee hired by the City before July 1, 2007, and who actively
participates in and contributes to the CalPERS Retirement System, and
who will be entitled, when eligible, to receive a retirement allowance from
CalPERS.
(b) “Retired Employee” or “Retiree” is a regular full-time or regular part-time
benefited City employee hired before July 1, 2007 who retires from the
City and thereafter receives a retirement allowance from CalPERS.
Retirement includes service retirement or disability retirement from the
City of Rohnert Park.
(c) “Continuous City service” is defined as being continuous regular full-
time or regular part-time benefited City employment for calculating length
of continuous service and service credit. Part-time (non-benefited)
employment and approved unpaid leaves will not be used in calculating
length of continuous service under this section. Any separation from City
employment will void any previous accrual towards length of continuous
service for purposes of this section, unless otherwise waived by the City
Manager and due to extenuating circumstances. Layoffs with subsequent
restoration and approved City paid leaves do not constitute separation
from City service (and therefore will not void any previous accrual towards
length of continuous service) for the purpose of this section.
2. Retirement Health Benefits for Employees Hired Prior to July 1 2007
(a) Retirement Medical Benefits
Eligible Employees had the option to opt out of the retirement medical
benefit provided previously, and all employees hired before July 1, 2007
who are currently in the unit elected to opt out, and are therefore covered
by the provisions below.
Eligible Employees hired before July 1, 2007 received the following
Retirement Medical Benefit, which is fully vested. Eligible Employees who
elected this opt-out option shall not be subject to any retiree medical
cost-sharing requirements (i.e., normal cost) during the term of their
employment.
(i) The City established a Retiree Health Savings Account (RHSA) in the
eligible employee’s name for the Eligible Employee. The City
contributed $2,000.00 per year of Continuous City Service into the
RHSA. For purposes of the service credit calculation, eligible
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
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.
3. Retirement Health Benefits for Regular Employees Hired On or After July 1,
2007
Beginning July 1, 2014, Regular Employees Hired on or after July 1, 2007, shall
be eligible for the following benefits:
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
(a) Effective July 1, 2014, the City will contribute $100.00 per month for
active employees in paid status to a Retiree Health Savings Account
(RHSA). The monthly contribution will end upon the employee’s date of
retirement or separation from the City.
(b) The City’s contribution to an employee’s RHSA shall be considered vested
as to an employee terminating City employment with five (5) or more
consecutive years of City service.
(c) Calculation of contribution will be prorated for regular part time
employees.
(d) Subject to the eligibility criteria of REMIF and/or insurance plans,
employees hired after July 1, 2007 may participate as retirees at their own
expense in the City’s group health insurance.
Clothing Allowance
(a) The City will provide an employee with reimbursement not to exceed two
hundred dollars ($200) per occurrence for clothing or personal equipment
used during the course of employment (excluding jewelry) that has been
destroyed or made otherwise non-usable. The City will provide an employee
with reimbursement not to exceed fifty dollars ($50) for the replacement of a
watch that has been destroyed.
(b) Boots – For the term of this agreement, the City will provide each employee
with reimbursement, not to exceed three hundred dollars ($300) per fiscal
year, for the cost of work boots and insoles, or treatment (e.g., ToughToe)
purchased with such work boots upon submittal to the City of a paid receipt
for the boots. City shall establish voucher payment system for boots.
(c) Coveralls - For the term of this agreement, the City agrees to provide and
replace when necessary appropriate coveralls to those City employees the City
deems required to wear them in the performance of their duties, i.e.
Maintenance Worker Painter, Equipment Mechanic, Senior Equipment
Mechanic, and employees required to work in the sewer system. Said coveralls
are and shall remain the property of City.
(d) Uniforms and Service – For the purpose of this section, uniforms shall be
defined as pants and/or shorts. Regular employees shall have the option of
being issued city uniforms. Each regular employee electing in writing to be
issued a uniform will receive an initial issuance of pants or shorts, not to
exceed more than eleven (11) items in total and upon initial hire. Each
regular employee shall be issued at least two (2) pairs of pants. Issued
uniforms must be worn while on duty. Issued uniforms will be laundered and
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
maintained by the City. Employees with issued uniforms shall return the
uniform to the City’s designated location on a weekly or biweekly basis for
laundering.
In addition, the City will issue eleven (11) logo shirts (t-shirts) and one (1) jacket
to each regular employee upon hire into a job class covered by this agreement.
Jackets issued shall be durable non-nylon jackets. Employee may choose to be
issued two (2) hoodies in place of one durable non-nylon jacket. Rain gear will be
issued as needed.
Thereafter, five (5) logo shirts shall be provided annually on the first pay date in
December of each fiscal year. Additional shirts may be issued at other times during
the years as replacement is needed for normal wear and tear.
The current past practice of the city providing pants, shirts, and jackets will
continue until the Uniform and Services are in place at which time current regular
employees will be issued the uniforms.
Education and Training
The City will provide an education and training assistance program to provide
reimbursement to employees for tuition, parking, and book costs only for
attending and completing, with a satisfactory grade (C or better), courses in the
adult high school program, at Santa Rosa Junior College, at Sonoma State
University or any other accredited educational institution (including an online or
trade school) acceptable to the City. All courses or classes for which
reimbursement will be requested must be previously approved by the Supervisor
and the City Manager prior to the start of said classes and approval requested on
the appropriate City form. The maximum allowed amount reimbursable for tuition
is one thousand dollars ($1,000) per instructional period plus books and materials,
with a total reimbursable amount not to exceed three thousand dollars ($3,000)
per calendar year.
Longevity Pay or Educational Incentive Pay
(a) Longevity Pay - The City will continue to provide longevity pay to employees,
based on continuous years of service (as defined in this Section 6.20 (a)) as
follows:
Completed Years Pay Percentage
of Service Increases
5 years 2%
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
For each year thereafter 1/2%
The maximum longevity pay percentage to be paid shall be ten percent (10%) of
base pay. The "completed years of service" will be determined on January 1st and
July 1st only and not on an employee's employment anniversary date.
For regular employees hired after 05/12/98, the longevity program as outlined
above does not apply.
(b) Educational Incentive Pay - For regular employees hired after 05/12/98, which
are not eligible for longevity pay as outlined in Section 6.20 (a), the following
educational pay benefit shall be provided:
Stipend Level I - $75 per mouth, which shall be paid out equally per pay period
1. An approved Technical Certificate awarded by Santa Rosa Junior College
(SRJC), or other accredited college, that relates to employment in one or more
public works functions.
2. A two-year Associate of Science (AS) or Associate of Arts (AA) degree in a
subject area not related to public works functions.
3. An approved Technical Certificate awarded by the City, based upon a course
of study completed at the SRJC.
Stipend Level II - $100 per month, which shall be paid out equally per pay period
1. A two year AS or AA degree with course study related to Public Works. Technical
Certificates earned as part of an AS or AA degree are included in this category.
2. A two year AS or AA degree in any subject area, and an approved Technical
Certificate.
Stipend Level III - $135 per month, which shall be paid out equally per pay
period
1. A Bachelor of Science (BS) or Bachelor of Arts (BA) in any major course of study,
awarded by an accredited college or university.
2. A two year AS or AA degree with course study related to Public Works, and
two (2) Technical Certificates in a subject area related to Public Works.
Technical Certificates must be at least thirty (30) units.
The Stipend payments provided above are not accumulative, i.e. only one of the
two degrees is paid (cannot receive both stipends; only one stipend is paid per
employee). In no event shall an employee be paid for more than one degree.
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
The Stipend payments are authorized only for AS, AA, BS, and BA degrees from an
accredited college or university. A copy of the degree must be provided for
validation and approval of payment.
Retirement Programs
(a) Effective July 1, 2007, the City will provide the California Public Employees’
Retirement System (CalPERS) two and seven tenths percent (2.7%) at fifty-five
(55) retirement program to miscellaneous member employees.
(b) Effective July 1, 2011 the City will provide the California Public Employees’
Retirement System (CalPERS) two percent (2.0%) at fifty-five (55) program to
miscellaneous member employees hired on or after July 1, 2011.
(c) Beginning August 1, 2011, employees shall contribute 100% of the required
member contribution.
(d) The City will continue to provide the "single highest year compensation"
optional provision in its contract with CalPERS.
(e) The City will modify the CalPERS Annual Cost-of-Living Allowance Increase
(Section 21335) to provide for a 2.0% annual maximum cost-of-living increase for
employees hired after December 31, 2007. Employees hired prior to December
31, 2007 shall be eligible for the 5.0% annual maximum cost-of-living allowance
increase as defined in Section 21335.
(f) New Employees Hired On or After January 1, 2013 Who Are New Members
of the CalPERS System
Effective January 1, 2013, the City will provide the CalPERS two percent (2.0%)
at sixty-two (62), highest three year average program to new miscellaneous
employees (who meet the definition of a new member under PEPRA) hired on
or after January 1, 2013.
Effective, July 1, 2013, such new miscellaneous member employees hired on
or after January 1, 2013, shall contribute at least fifty percent (50%) of the
normal cost rate to CalPERS.
Pensionable compensation does not include monies paid to new
miscellaneous members for bonuses, uniform allowance, overtime allowance
or reimbursement for housing and vehicles, or any ad hoc or one-time
payments pursuant to Government Code Section 7522.34(c).
(g) Benefits provided are subject to CalPERS regulations and relevant law.
Dependent Care Assistance Program
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
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.
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.
Hearing Aid Benefit
The City shall reimburse employee only eighty percent (80%) with a lifetime
maximum of nine hundred dollars ($900.00) for a hearing aid device.
Paid Parental Leave
(a) Eligibility
Effective July 1, 2021, 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
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
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 and sick leave
accrual, and City benefit eligibility and contributions.
(d) Protections
Use of PPL shall not be cause for an employee to lose his/her current
assignment on a permanent basis; however, assignments may be altered
to accommodate the employee’s or department’s operational needs when
working a reduced work schedule.
Upon return from PPL, employees will be restored to their original or
equivalent position with equivalent pay, benefits, and other benefits.
(e) PPL Review Process
The City and S.E.I.U. agree to meet to discuss any unanticipated issues that
arise, including administrative and legal issues (e.g. to increase the benefit
to match federal or State law).
Organization Security
Bargaining Unit Recognition
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
City recognizes S.E.I.U. Local 1021 as the exclusive representative for the
following regular full-time classifications: Fleet Mechanic, Fleet Services
Supervisor, Instrumentation Technician, Arborist, Lead Custodian, Custodian,
Parks Maintenance I/II/III, Collections Systems Operator I/II/III, Facilities
Maintenance Worker I/II/III Water Distribution Operator I/II/III, Water
Systems Operator I/II/III, Streets Maintenance Worker I/II/III, Utilities
Services Representative, Parks Maintenance Supervisor, Street Maintenance
Supervisor, Collections Systems Supervisor, Facilities Maintenance
Supervisor, Water Distribution Supervisor, Water Systems Supervisor, and
Landscape Maintenance Worker.
Public Works’ positions designated managerial by the City, if any, are excluded
from the bargaining unit and shall not be subject to this Agreement. New
regular full-time position added to the bargaining unit will be covered by this
Agreement.
Payroll Deduction
The City shall rely on a written certification from S.E.I.U. requesting a deduction
or reduction from employees’ salaries or wages confirming that S.E.I.U. has and
will maintain individual signed employee authorizations affirmatively consenting
to dues deductions that meet the requirements of State and federal law. After
providing the required certification, S.E.I.U. shall not be required to provide a
copy of individual authorizations to the City unless a dispute arises about the
existence or terms of the authorization.
Based on the certification from S.E.I.U. described above, the City shall deduct,
per pay period, the amount of regular and period dues, service fees, insurance
premiums, COPE and any other Union-sponsored program as specified by S.E.I.U.
S.E.I.U. will provide the City with information regarding the amount of
deductions and the list of member employees who have affirmatively consented
to or authorized such deductions.
The deductions, together with a written statement of the names and amounts
deducted, shall be transmitted to S.E.I.U. through electronic funds transfer no
later than thirty (30) days after the deductions from the employee’s earnings
occur.
The unit member’s earnings must be sufficient, after all other required
deductions are made, to cover the amount of the deductions authorized by this
Section. When a unit member is in a non-pay status for an entire pay period, no
withholdings will be made to cover that pay period from future earnings nor will
the unit member deposit the amount with the City which would have been
withheld if the unit member had been in pay status during that period. If a unit
member is in a non-pay status during a part of the pay period, and that unit
member’s salary is not sufficient to cover the full withholding, the City shall not
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
deduct dues. In this connection, all other required deductions have priority over
the dues and unit member organization deduction.
Change or Cancellation of Deductions
Dues deductions may be revoked only pursuant to the terms of the
employee’s written authorization. Requests to change or cancel deductions
shall be directed to S.E.I.U. rather than the City. In the event that the City
receives an employee’s request to cancel or chance deductions, the City shall
direct the request to S.E.I.U. The City shall rely on information provided by
S.E.I.U. regarding whether deductions for S.E.I.U. were properly canceled or
changed.
Indemnification
S.E.I.U. shall indemnify, defend, protect, and hold harmless the City and its
elected and appointed officials, officers, employees, officers and agents
(collectively hereafter the “Indemnitees”) from and against any and all claims,
liabilities, losses, damages, fines, penalties, claims, demands, suits, actions,
causes of action, judgments, costs and expenses (including, but not limited to,
reasonable attorneys’ fees and court costs) arising from the application of
Sections 7.2 and 7.3, including, but not limited to, any claims made by any
member employees for the membership dues deductions the City made in
reliance on S.E.I.U.’s certification, and any claims made by any member
employees for any deduction cancellation or modification the City made in
reliance on the information provided by S.E.I.U. Further, S.E.I.U. shall refund to
the City any amounts paid to it in error upon presentation of supporting
evidence.
Bargaining Unit Member Contact Information
To the extent required by Government Code Section 3558, the City shall provide
S.E.I.U. with a list of names and contact information (listed below) for any newly
hired unit member within 30 days of the date of hire or by the first pay period of
the month following hire. The City shall also provide S.E.I.U. with a list of all unit
member names and contact information on the last working day of September,
January, and May. The information shall include the following information
except for any information subject to exclusion pursuant to Government Code
Section 6254.3(c):
• Employee name;
• Job title;
• Department;
• Work location;
• Home address; and
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
• Work, home and personal telephone numbers and personal email
addresses on file with the City.
Fair Representation
S.E.I.U. agrees that it has the duty to provide fair and non-discriminatory
representation to all employees in all classes covered by this Memorandum of
Agreement regardless of whether they are members of S.E.I.U. This paragraph
shall not be construed to create rights greater than those contained in applicable
State and Federal law.
Safety & Work Equipment
Safety Items
City will continue to furnish employees with necessary safety items including
equipment, tools and appropriate rain gear. Any items furnished by City shall
remain the property of City.
UV Protection
City will reimburse for sunglasses providing UV protection, not to exceed $150.00
per employee per fiscal year.
Basic Tool Kit
City agrees to, based upon need, provide and maintain for all full-time regular
employees covered by this Memorandum of Agreement a basic tool kit. All items
provided in the basic tool kit are and shall remain the property of the City.
(a) City agrees to replace stolen or damaged City owned tools in a reasonable time
period (i.e., within one (1) month unless it involves an unusual item) and with
the approval of a Public Works supervisor.
(b) It is understood that it is the employee’s responsibility to take reasonable care
in avoiding the loss or theft of City-owned tools/equipment.
(c) Acknowledgment of Tools and Equipment:
(i) Employees shall sign an acknowledgment of receipt of all the City-owned tools
and equipment they received at the commencement and/or during the course
of their employment with the City.
(ii) The Union is not responsible for the maintaining of records.
Salary Adjustments & Miscellaneous Pay
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
Salary Adjustments
(a) Effective the first day of the first full pay period following the date of Council
approval of this MOA, base salary shall be increased by 3.8%.
(b) Effective the first day of the pay period that includes July 1, 2022, base salary
shall be increased by 2.7%.
(c) Effective the first day of the pay period that includes July 1, 2023, base salary shall
be increased by 2%.
(d) Effective the first day of the pay period that includes July 1, 2024, base salary shall
be increased by 1.5%.
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.
Employees shall have access to their paychecks/automatic deposit notices online.
For employees requesting a physical paycheck, the City will send it by mail prior
to payday. If the employee does not receive their check on payday, on the
following business day, the City shall cut them a live check.
Pay Change Effective Dates
Any and all pay changes provided to employees, including but not limited to step
increases, special pay provisions, promotions, classification changes, or similar pay
increases shall become effective as follows: if the effective date of the change is in
the first week of the pay period the increase will be effective on the first day of the
pay period that includes the effective date of the change. If the effective date is in
the second week of the pay period the change will be effective the first day of the
subsequent pay period.
Certification and License Program
A schedule of stipends for maintenance employees obtaining job-related
certificates and licenses has been established and will be provided as described
in Appendix A of this MOA.
(a) The history of this program is as follows: In July 2005, the City of Rohnert Park
and S.E.I.U. established a schedule of stipends for maintenance employees
obtaining job-related certificates and licenses. In July 2006 and July 2007, the
Lead Worker Stipend and the Senior Lead Worker Stipend were increased to
2.1% of salary and 5.0% of salary respectively. During negotiations for a
successor MOA in 2007 between the City and S.E.I.U. Local 1021, the program
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
was further modified, creating three levels for stipends and increasing the
amount for “lead worker” and “senior lead worker.” On March 26, 2008, the
City and S.E.I.U. agreed in a side letter to the following in transitioning to the
modified Certification License Program:
i. An employee receiving the Lead Worker Stipend or the Senior Lead Worker
Stipend on June 31, 2007, will receive the respective increase (from 2.1%
to 2.6% for the Lead Worker, from 5.0% to 6.0% for the Senior Lead
Worker) less any applicable deductions or taxes, retroactive to July 1,
2007.
ii. If during the period between July 1 and December 1, 2007, an employee,
as a result of obtaining applicable certificates or licenses, would have
become eligible for the Lead Worker Stipend or the Senior Lead Worker
Stipend under the program criteria in effect prior to July 1, 2007, the
employee will receive the increased stipend amount retroactive to the
date he/she become eligible, less applicable deductions and taxes.
iii. An employee that, as a result of the modification to the stipend criteria
qualified as of December 1, 2007 for a higher stipend, shall receive an
amount equal to the difference between the stipend amount received and
the amount they were qualified for, retroactive to December 1, 2007, less
applicable deductions and taxes.
iv. The stipends will be designated as Level I Stipend, Level II Stipend, and
Level III Stipend in Appendix A of the MOA.
v. With the exception of employees that retired between July 1, 2007, and
the date of this side letter, employees that may have been eligible for
additional stipend pay that have terminated employment with the City
shall not be entitled to any retroactive payment. Calculation of retroactive
payments for retirees shall be on salary only, less applicable deductions
and taxes, and shall not include vacation or other “payouts” that the
retiree may have received at the time of retirement.
Bilingual Premium
Special compensation shall be given to employees in the S.E.I.U bargaining unit
who possess bilingual skills. The City shall establish an evaluation process for
designating and certifying eligibility for bilingual pay. Testing for employees
eligible for bilingual pay will be scheduled by the Director of Human Resources.
When the City designates person as bilingually proficient, the employee shall be
entitled to bilingual pay at the rate of one hundred dollars ($100) per month, to
be paid out equally per pay period. Said employee shall be required to provide
translation services for the City upon request and shall be subject to re-testing at
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MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
the request of the Director of Human Resources. Bilingual designation shall be at
the sole discretion of the City. Fantasy Languages based on TV, books and movies
would not be eligible for this premium.
COVID-Related Impacts Recognition Payment
If a successor MOA between S.E.I.U. 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.
Alcohol
The City and S.E.I.U. agree to continue to work together to assist any employees who have
an alcohol or alcohol related, drug or substance abuse problem. It is mutually
acknowledged that continued cooperative efforts would give employees a much better
opportunity to recover from this very serious health problem.
Since Public Works employees are required to drive City vehicles, use various types of
power equipment and tools, and perform their work in locations such as streets and
trenches, 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.
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 work
day, nor while on assigned standby duty.
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.
Prescription Drugs
Employees using prescription drugs, which affect the employee’s ability to work
safely, must inform their supervisor and may be assigned to other appropriate
duties or required to take leave.
27
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
Smoking
S.E.I.U. acknowledges that the City intends to hire employees with the clearly expressed
condition of employment that they refrain from smoking.
Grievance Policy and Procedure
Both S.E.I.U. and City agree to comply with the grievance procedure as outlined in the
Employee Complaint Resolution Procedure, Resolution No. 2018-079, adopted June 12,
2018, a copy of which is attached hereto. Failure to meet any time line or specifically comply
with any other requirement of the Employee Complaint Resolution Procedure constitutes a
specific waiver and is a bar to further consideration of the grievance.
Use of City Facilities
Employees and their eligible dependents (as defined by City 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 dependents of employees adversely impacts the public’s
access to the Sports Center facilities, the parties will re-open this Section 13. 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.
Management Rights
Except as limited in this Memorandum of Agreement and applicable State laws, the exclusive
rights of the City shall include, but not be limited to, the right to determine the organization
of city government and the purpose and mission of its departments and agencies, to
determine the nature, levels and mode of delivery and to set standards of service to be
offered to the public; and through its management officials to exercise control and discretion
over its organization and operations; to establish and effect administrative regulations which
are consistent with law and the specific provisions of this Memorandum of Agreement; to
direct its employees and establish employee performance standards and to require
compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay,
reprimand, withhold salary increases and benefits, or otherwise discipline employees
subject to the requirements of applicable laws; to lay off its employees whenever their
positions are abolished, or whenever necessary because of lack of work or lack of funds, or
other legitimate reasons; to determine whether goods or services shall be made, purchased,
or contracted for; to determine the methods, means, and numbers and kinds of personnel
by which the City's services are to be provided; including the right to schedule and assign
work and overtime; and to otherwise act in the interest of efficient service to the City; and
to take all necessary actions to protect the public and carry out its mission in emergencies.
Work Curtailment (No Strike Clause)
28
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
Under no circumstances shall the Union or any of the employees it represents individually
or collectively cause, sanction, honor or engage in any strike, sit-down, stay-in, sick-out,
slow-down, speed-up, work to rule or any other type of job action, curtailment of work,
restriction of production or restriction of service during the term of this agreement.
Personnel Rules and Regulations
City Agrees to meet and confer with Union regarding any updates or changes to its
Personnel Rules and Regulations.
Term of Agreement
This agreement shall become effective upon Council approval of the MOA through June
30, 2025, unless extended by mutual agreement of the parties.
Succeeding Agreement
Negotiations for the period commencing July 1, 2025, shall begin on or before February 1,
2025, by which time S.E.I.U. shall submit its proposals to the City Manager.
Invalidation
Suspension of Agreement
If during the term of this agreement, any item or portion thereof of this agreement
is held to be invalid by operation of any applicable law, rule, regulation, or order
issued by governmental authority or tribunal of competent jurisdiction, or if
compliance with or enforcement of the item or portion thereof shall be restrained
by any tribunal, such provision of this agreement shall be immediately suspended
and be of no effect hereunder so long as such law, rule, regulation, or order shall
remain in effect. Such invalidation of a part or portion of this agreement shall not
invalidate any remaining portion, which shall continue in full force and effect.
Replacement
In the event of suspension or invalidation of any article or section of this agreement,
the parties agree, that except in an emergency situation, to meet and confer within
thirty (30) days after such determination for the purpose of arriving at a mutually
satisfactory replacement for such article or section.
Non-Discrimination
City acknowledges that in receiving the benefits afforded by this Memorandum of
Agreement, no person shall in any way be favored or discriminated against to the extent
prohibited by law.
29
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
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 the personnel file.
Employee Performance Evaluations
Performance Evaluation
Employees shall be provided with a copy of his/her performance evaluation
twenty-four (24) hours prior to the evaluations interview.
Employee Response to Performance Evaluation
Employees have the right to respond in writing to the evaluation report should
they so desire. Said responses should be submitted to the reviewer no later than
thirty (30) days after the evaluation interview.
SEIU Officers
The City agrees to authorize two (2) job stewards and one (1) alternate to attend to
S.E.I.U. business. In no event shall more than two (2) S.E.I.U. representatives attend to
S.E.I.U. business meetings. Total time spent shall not exceed forty (40) hours in aggregate
in any fiscal year. S.E.I.U. shall provide a monthly reporting to the City the names and
hours used by S.E.I.U. officers during City hours. In all cases, the S.E.I.U. officers shall
secure permission from their supervisor before leaving a work assignment.
Scrap Metal Fund
A scrap metal fund is authorized by the City for all proceeds received from the sale of
scrap metal pulled from the garbage by employees. Said proceeds will be used for the
purpose of sponsoring employee picnics, birthday celebrations and other functions
approved by the employees and the City. S.E.I.U. shall keep proper accounting on all
receipts and disbursements from said fund.
S.E.I.U. acknowledges that all garbage/trash, salvage, scrap and scrap metal collected by
employees, is the property of the City. Employees are not entitled to any garbage/trash,
salvage, scrap or scrap metal collected during the course of their work for City.
Labor Management Committees
Joint Labor Management Committee – Ad Hoc
30
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
The City and the Union support the creation and the utilization of a joint Labor-
Management committee. The Labor-Management Committee shall be comprised
and function in the following manner:
(a) The Committee shall be made up of no less than two (2), nor more than four
(4) members each from the Union. A City representative or Union committee
member trained in facilitation or group problem solving may serve as a
facilitator.
(b) The Committee meetings and related training shall be deemed City business
for compensation purposes; however, it is the intent that Committee meetings
and/or trainings be held during the regular workday and will not result in
overtime compensation.
(c) The Committee may be continued, modified or expanded by mutual agreement
of the participants.
(d) The Committee may review, discuss and make recommendations on a variety
of departmental issues of mutual concern.
(e) The committee is encouraged to brainstorm possible issues and problems,
prioritize the possible issues in general order of importance, and select the
high priority issues of mutual interest to review. The Committee is encouraged
to define the issues carefully, study and evaluate the most promising solutions,
and make a recommendation with the supporting documentation to the
Department Head with a copy to Human Resources and the Union.
(f) The Department Head shall evaluate the proposed solution, make a decision
on the Committee’s recommendation, and report back his/her decisions.
(g) The Committee does not replace nor replicate the meet and confer process,
and has no authority to bargain, modify or add to existing provisions of the
Memorandum of Agreement or other agreements between the Union and the
City that are subject to meet and confer or meet and consult.
31
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
Joint Labor Management Committee – Workload/Scheduling
A Labor-Management Committee ("LMC") will meet quarterly during the term of
the MOA to discuss what elements of the workload or scheduling the public works
department may be modified to reduce the current need for temporary workers.
The purpose of the LMC is to allow S.E.I.U. to discuss with City Management any
advisory suggestions, recommendations and ideas. The parties understand that
S.E.I.U.'s and the City's suggestions, recommendations and/or ideas from the LMC
will not be considered meet and confer under the MMBA so that S.E.I.U.'s rights
under the MOA are maintained and similarly the City's management rights are
maintained. However, in the event that S.E.I.U. and the City reach mutual
agreement at the LMC during the term of the MOA, the parties may enter into a
side letter to modify current terms and conditions of employment subject to the
ratification of S.E.I.U. members and approval of the City Council.
Layoff Procedure
The City and S.E.I.U. agree to clarify how Section 6.C., Layoffs and Section 6.B.,
Reinstatement in City Manager’s Administrative Policy No. 1, Personnel Rules and
Regulations shall apply to S.E.I.U. members.
Total time employed by the City shall be used to determine the seniority of a given
employee. Part-time employment shall be credited on a prorated basis. For example, half
time employment during two weeks will be credited as one week of employment when
determining seniority.
In the event of a layoff, the City agrees to lay off employees according to seniority. The
layoff order of employees within a given classification will be as follows: the employee
with the least seniority will be subject to lay off first, the employee with the second least
seniority will be subject to lay off second, and so on. The employee with the most seniority
will be the last employee subject to lay off within a given classification.
In the event of employee reinstatement, the City agrees to reinstatement according to
seniority. The reinstatement order of employees within a given classification will be as
follows: the employee with the most seniority will be reinstated first, the employee with
the second most seniority will be reinstated second, and so on. The employee with the
least seniority will be the last employee to be reinstated within a given classification.
Compensation Survey
The City agrees to conduct a compensation survey consistent with the City's
Compensation Philosophy, and covering at least fifty (50%) of existing classifications
as of October 1, 2024 . The survey will be initiated not later than November 1, 2024
and will be completed prior to the commencement of negotiations for a successor
MOA.
32
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
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. This
MOA terminates, and supersedes all practices, agreements, side letters, procedures,
traditions, and rules and regulations inconsistent with any matters specifically covered
in this MOA. During the term of this MOA, any side letter between the parties is
required to be signed by an authorized representative of S.E.I.U. and the City Manager
or his or her designee.
33
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
CITY OF ROHNERT PARK SERVICE EMPLOYEES INTERNATIONAL UNION Darrin Jenkins, City Manager DATE Diego Santelices DATE SEIU Representative
Jean Lestanguet, Board Official DATE Mitch Pearson DATE Billy Wilson DATE
Council Approval:
By: ____________________ Gerard Giudice, Mayor
Resolution Number:
Attest:
_______________________________________
Sylvia Lopez Cuevas, City Clerk
Approved As To Form:
__________________________________________
Michelle Marchetta Kenyon, City Attorney
CITY OF ROHNERT PARK
34
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
The following are incorporated in this Agreement by reference:
• Appendix A: Certification & License Program
• City Council Resolution No. 2018-079, adopted June 12, 2018 — Employee Complaint
Resolution Procedure
• City Council Resolution No. 2017-109, adopted August 22, 2017 — Catastrophic Leave
Program
• City's Current Personnel Rules & Regulations
INDEX
35
MOA - S.E.I.U. Maintenance Workers June 22, 2021 through June 30, 2025
Accrual ................................................................................ 2, 5, 6
Additional Shifts ......................................................................... 1
Adoption Benefit ...................................................................... 11
Agency Shop ....................................................................... 21, 22
Alcohol ...................................................................................... 26
Alcoholic Beverages or Other Drugs ......................................... 26
Alternate Benefit ........................................................................ 9
Annual Leave Administration ..................................................... 6
Annual Leave Program ................................................................ 5
Basic Tool Kit ............................................................................ 23
Call Back ..................................................................................... 2
Catastrophic Leave ..................................................................... 7
Certification and License Program ...................................... 24, 26
Clothing Allowance ................................................................... 15
Compensatory Time ................................................................... 2
Complete Understanding ......................................................... 32
Death/Bereavement Leave ....................................................... 11
Deferred Income....................................................................... 12
Dental Coverage ....................................................................... 10
Dependent Care Assistance Program ....................................... 19
Education and Training ............................................................. 16
Eligibility for Stand-by/Call-out ................................................... 3
Employee Performance Evaluations ......................................... 29
Employee Response to Performance Evaluation ...................... 29
Floating Holiday .......................................................................... 4
Fringe Benefit Administration .................................................... 6
Funeral Benefit ......................................................................... 12
Grievance Policy and Procedure ............................................... 27
Health Care Tax-Free Dollar Account Program ......................... 19
Hearing Aid Benefit................................................................... 19
Holidays ...................................................................................... 4
Holidays for Regular Part-Time Employees ................................ 5
Hours of Work ............................................................................ 1
Insurance Coverage .................................................................... 8
Invalidation ............................................................................... 28
Joint Labor Management Committee – Ad Hoc........................ 30
Joint Labor Management Committee – Workload/Scheduling 31
Labor Management Committees .............................................. 30
Life Insurance ........................................................................... 12
Longevity Pay or Educational Incentive Pay ............................. 16
Long-Term Disability Insurance ................................................ 12
Maintenance Worker Trainee Program .................................... 31
Management Rights ................................................................. 27
Military Leave ............................................................................. 6
Non-Discrimination .................................................................. 29
Observed Holidays ..................................................................... 4
Off-duty Hours ......................................................................... 26
Other Fringe Benefits ................................................................. 6
Overtime .................................................................................... 2
Overtime Compensation Rate .................................................... 2
Pay Change Effective Dates ...................................................... 24
Paychecks ................................................................................. 24
Payment to Beneficiary .............................................................. 8
Performance Evaluation ........................................................... 29
Personnel Files ......................................................................... 29
Personnel Rules and Regulations ............................................. 28
Phone/Electronic Work Compensation ...................................... 3
Prescription Drugs .................................................................... 26
Regular Workweek ..................................................................... 1
Replacement ............................................................................ 28
Residual Accrued Sick Leave ....................................................... 5
Retired, Deceased and/or Permanently and Totally Disabled
Employees ............................................................................ 12
Retirement Programs ............................................................... 18
Safety & Work Equipment ........................................................ 23
Safety Items.............................................................................. 23
Salary Adjustments................................................................... 24
Salary Adjustments & Miscellaneous Pay................................. 24
Scrap Metal Fund ..................................................................... 29
SEIU Officers ............................................................................. 29
Short Term Disability .................................................................. 6
Smoking .................................................................................... 27
Stand-by Duty Work Assignments .............................................. 3
Stand-by/Call-out Minimum Pay ................................................ 3
Succeeding Agreement ............................................................ 28
Suspension of Agreement ........................................................ 28
Temporary Alternate Work Schedule ......................................... 1
Temporary Light or Limited Duty ............................................... 7
Term of Agreement .................................................................. 28
Total Compensation Survey ..................................................... 31
Use of City Facilities ................................................................. 27
UV Protection ........................................................................... 23
Vision Coverage ........................................................................ 11
Weekend and Holiday Stand-by Pay .......................................... 3
Weeknight Stand-by Pay ............................................................ 3
Work Curtailment (No Strike Clause) ....................................... 28
Appendix A
Page 2 of 7
Appendix A to the MOA currently provides as follows:
Certification and License Program
The purpose of this Appendix is to describe the City’s Certification and License
Program. The City and the Union recognizethe value to the City of highly qualified
employees and to that end has established a schedule of stipends for employees that
obtain certificates and licenses. There are three designated levels for stipends:
Level I Stipend: minimum of 7 points 2.6% of base pay
Level II Stipend: minimum of 14 points 4.5% of base pay
Level III Stipend: minimum of 20 points 6.0% of base pay
The certifications and licenses listed below are general descriptions. Some
certifications provided by trade groups may not meet minimum City standards and
will not be counted as valid certification. Final determination of applicable licenses
and certifications shall be made by the City Manager or his/her designee.
Certifications/Licenses Point Value
OSHA Certified Trainer 3 points
Pool Operator 3 points
Certified Playground Inspector 4 points
HVAC Certified Technician 3 points
Certified Master Mechanic 3 points
Backflow Certification 3 points
Hazwoper Certification 3 points
Water Distribution 1 License 3 points
Sewer Collection 1 License* 3 points
Class A or B Drivers License 7 points
Journey-level Trade Training 2 points
e.g. electrician, plumber, carpenter)
Water Treatment 1/Distribution 2 License 4 points
Sewer Collection 2 License* 4 points
Water Treatment 2/Distribution 3 License 7 points
Sewer Collection 3 License* 7 points
Water Treatment 3/Distribution 4 License 10 points
Sewer Collection 4 License 10 points
Water Distribution 5 License 13 points
California State standards are pending on sewer collection licenses. This license
may change based on final standards and will need to be updated at a future date.
Effective July 19, 2020, the parties desire to modify Appendix A as follows:
Page 3 of 7
Certification and License Program
The purpose of this Appendix is to describe the City’s current and revised Certification
and License Program.
A. Background
In a Side Letter dated June 15, 2017, the City and SEIU agreed to review the existing job
descriptions in the Maintenance Worker series (Maintenance Worker I, Maintenance
Worker II, Supervising Maintenance Worker) and propose new ones. These broad
classifications covered duties and assignments in several Public Works areas, including:
Buildings, Parks, Sewer, Streets, Water Distribution and Water Treatment.
The City and SEIU created new job descriptions by breaking out the existing duties for
each assigned area and creating associated job titles (i.e., Parks Maintenance Worker I,
Collection System Operator I) so that the job descriptions and organizational structure
now distinguish assignments in specific areas with their own job classifications.
In order to compliment the new job descriptions, meet the operational needs of the City,
and continue to promote employee development, the City and SEIU agreed to revise the
existing Certification and License Program (set forth in Section B(3) below) by reducing
the certifications and licenses from 21 to 5, eliminating assigning stipend points and
stipend levels, and changing to a process of assigning a percent of base pay value to each
certificate and license earned by the applicable employee. The new program preserves
covered employees’ ability to earn up to 6% above base pay if the certificate/license is
not already in his/her new job classification. The five certifications and licenses and the
stipend value as a percentage increase of base pay are set forth in Section C below.
B. Existing Certification and License Program – Closed to New Hires Effective
July 19, 2020
1. The Certification and License Program outlined in this section is closed to
new employees and shall be replaced by the Certification and License
Program set forth in section C below effective July 19, 2020.
2. Existing employees that do not meet the minimum qualifications for the
new job classifications and remain in the Maintenance Worker I,
Maintenance Worker II or Supervising Maintenance Worker classifications
will continue to be governed by the terms of the Certification and License
Program outlined in this section. However, incumbents are only eligible to
earn new stipends under this section if they are related to meeting the
minimum qualifications of their proposed, new classification. Upon
meeting the qualifications for and moving to the new job classifications,
they will be governed by the terms of the Certification and License Program
outlined in section C.
Page 4 of 7
3. The City and the Union recognize the value to the City of highly qualified
employees and to that end has established a schedule of stipends for
employees that obtain certificates and licenses. There are three designated
levels for stipends:
Level I Stipend: minimum of 7 points 2.6% of base pay
Level II Stipend: minimum of 14 points 4.5% of base pay
Level III Stipend: minimum of 20 points 6.0% of base pay
The certifications and licenses listed below are general descriptions. Some
certifications provided by trade groups may not meet minimum City
standards and will not be counted as valid certification. Final determination
of applicable licenses and certifications shall be made by the City Manager
or his/her designee.
Certifications/Licenses Point Value
OSHA Certified Trainer 3 points
Pool Operator 3 points
Certified Playground Inspector 4 points
HVAC Certified Technician 3 points
Certified Master Mechanic 3 points
Backflow Certification 3 points
Hazwoper Certification 3 points
Water Distribution 1 License 3 points
Sewer Collection 1 License* 3 points
Class A or B Drivers License 7 points
Journey-level Trade Training 2 points
e.g. electrician, plumber, carpenter)
Water Treatment 1/Distribution 2 License 4 points
Sewer Collection 2 License* 4 points
Water Treatment 2/Distribution 3 License 7 points
Sewer Collection 3 License* 7 points
Water Treatment 3/Distribution 4 License 10 points
Sewer Collection 4 License 10 points
Water Distribution 5 License 13 points
California State standards are pending on sewer collection licenses. This license
may change based on final standards and will need to be updated at a future date.
C. New Certification and License Program Structure Effective July 19, 2020,
1. The Certification and License Program outlined in this section shall apply
to all new employees and existing employees who have met the
qualifications for and transitioned to the new job classifications.
Page 5 of 7
2. The City and the Union recognize the value to the City of highly qualified
employees and to that end has established a schedule of stipends for
employees that obtain any or all of the certificates and licenses set forth
below:
Certificate/License Name Increase to
Base Pay
Certified Playground Inspector 1.2%
OSHA Certified Trainer 1.2%
Pool Operator 1.2%
Water Distribution 1, or higher
License
1.2%
Water Treatment I, or higher
License
1.2%
3. Employees are not eligible to receive a stipend for any of the certificates and
licenses listed above if they are identified in the employees’ job classification as a
minimum qualification.
4. For current employees who previously earned certifications and licenses that under
the new stipend program structure are no longer eligible for stipends, the City will
continue to pay for the ongoing license and certification expenses for these existing
licenses and certifications.
Appendix B to the MOA currently provides as follows:
Maintenance Worker Trainee Program
A. Employees hired or promoted to the class of Maintenance Worker Trainee will
serve a probationary period of up to 24 months. During the probationary period,
incumbents are required to meet the minimum qualifications of a City of
Rohnert Park Maintenance Worker I, which includes possession of any two of
the following certifications/general competencies:
i. Grade 1 Water Distribution Operator (certification)
ii. Grade 1 Water Treatment Operator (certification)
iii. Grade 1 Wastewater Collection System Operator (certification)
iv. Backflow Tester (certification)
v. Class B Driver's License (CA)
vi. Pesticide Applicator Certificate (certification)
vii. Certified Playground Safety Inspector (certification)
viii. Certified Pool Operator (certification)
ix. HVAC Technician (general competency)
x. Plumbing (general competency)
xi. Electrical (general competency)
Page 6 of 7
xii. Building Repair/Carpentry (general competency)
xiii. Heavy Equipment Operation (general competency)
xiv. Streets and Sidewalk Repair (general competency)
B. "General Competency" shall be defined as an incumbent's demonstrated
proficiency in performing essential job skills typically used and needed by City
of Rohnert Park Maintenance Worker 1 classification. These skills are listed in
section A(ix) through A(xiv) of this Side Letter Agreement. These essential skills
differ from "certification" requirements in that these particular essential skills
are not regulated to the same extent by state and federal agencies, and specific
curricula and certificate tests are not mandated by state and federal agencies.
General competencies requirements as defined by the City are detailed in the
Personnel Qualification Standard. The Personnel Qualification Standard
provides a mechanism where demonstrated and observed job performance is
acknowledged by the incumbent's supervisor and approved by the department
head. General competencies shall be used in combination with or in lieu of
certifications for determining an incumbent Trainee's achievement of minimum
Maintenance Worker I qualifications.
C. Each year, measured from the employment date as a Maintenance Worker
Trainee, incumbents are required to achieve at least one specific
certification/general competency, along with other training and experience
goals. Within four weeks of appointment, the City and employee will review
certification/general competency requirements, and the City will provide the
employee with a written plan for achieving required certifications/general
competencies. Attendance at training for required certification shall be at City
expense. Incumbents who fail to meet these qualification requirements, or any
other performance or behavior standards, within the probationary timeframes
will be rejected during probation in accordance with Section 5(H) of the City's
Personnel Rules.
D. Incumbents who meet these goals and who otherwise meet the requirements for
Maintenance Worker I may be promoted to the job class of Maintenance Worker I in
advance of the full 24 month probationary period.
E. Incumbents promoted to the class of Maintenance Worker I shall serve an
additional six (6) month probationary period. Should the incumbent fail to
meet promotional probationary standards during this period, he/she may not
return to the job class of Maintenance Worker Trainee, but will otherwise have
return rights to any regular position held (without a break in service) prior to
appointment as a Maintenance Worker Trainee in accordance with Section
5(H) of the City's Personnel Rules.
F. The list of certifications and competencies above is relevant to current services
provided by the Department of Public Works, and the City may at any time add
or delete certifications and competencies based on service and industry
Page 7 of 7
changes after completing any meet and confer obligations with the Union;
except that any certification or competency listed on an incumbent Trainee's
authorized training plan will be considered as meeting the requirements of
achieving two specific certifications/general competencies.
Effective July 19, 2020, the parties desire to modify Appendix B as follows:
Maintenance Worker Trainee Program (Deleted)
The parties agree that upon the approval and implementation of the new job descriptions for
Public Works, Appendix B Maintenance Worker Trainee Program of the current Memorandum
of Understanding, will become null and void.
The new job descriptions do not support or include a Maintenance Worker Trainee Program.
For the City: For the Association:
Darrin Jenkins, City Manager Jean Lestanguet, SEIU President
Date: _________________ Date: _________________
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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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:
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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.
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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
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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;
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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.
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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
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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.
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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. ·
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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
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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
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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
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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