Loading...
2021/06/22 City Council Resolution 2021-074 RESOLUTION NO. 2021-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE TENTATIVE AGREEMENT ON A FOUR YEAR PROPOSAL WITH THE SERVICE EMPLOYEES' INTERNATIONAL UNION (SEIU) LOCAL 1021 -MAINTENANCE WORKERS WHEREAS,the Service Employees' International Union (SEIU) Local 1021 — Maintenance Workers has ratified the terms and conditions contained in their Tentative Agreement on a Four Year Proposal with the City of Rohnert Park(City) dated June 9, 2021; and WHEREAS, the City Council wishes to recognize and approve the terms and conditions of the Tentative Agreement on a Four Year Proposal with SEIU. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the Tentative Agreement on a Four Year Proposal with the SEIU 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 R 0 `.T PARK Al _LIA;/ Ger;rd 1 'e, .yor ATTEST: Sylvia Lo Cuevas, City Clerk Attachment: Exhibit A A,I)A NIS. INARES:AtlSTAFFORD:J ELWARD: GIUDICE�k CIL I AYES: (� ) NOES: ( C,) ABSENT: (( ) ABSTAIN: (o) SJ - San Jose #4814-5400-5230 v1 City of Rohnert Park And Service Employees International Union, Local 1021 Tentative Agreement June 9, 2021 As required by Government Code Section 3500, et seq., the City of Rohnert Park (“City”) and the Service Employees International Union, Local 1021 (“SEIU”) have negotiated and reached this Tentative Agreement in settlement of negotiations on a successor Memorandum Of Agreement. The parties have completed these negotiations and agree to revise the Memorandum of Agreement (“MOA”) as indicated on the attached June 9, 2021 draft, with any additional edits as may be mutually agreed upon. (See Attachment A). Also attached are a summary of the individual tentative agreements between SEIU and the City (see Attachment B) and the signed tentative agreements (see Attachment C). Unless otherwise specified, the changes made by this tentative agreement shall become effective on the first day of the first pay period after the date approved by the Rohnert Park City Council. This Tentative Agreement sets forth the entire agreement in settlement of the successor contract negotiations. The parties agree that this is a comprehensive package agreement. Any proposals not included in this Tentative Agreement that were made by the parties are dropped. FOR THE CITY: FOR THE SEIU: Date: Date: EXHIBIT "A" EXHIBIT A MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117, through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 22ly 9, 202117 – June 30, 20215 EXHIBIT A: Tentative Agreement - June 9, 2021 TABLE OF CONTENTS MOA - S.E.I.U. Maintenance Workers June 22y 9, 202117, through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 1. Hours of Work ............................................................................................................................. 1 1.1 Regular Workweek .......................................................................................................... 1 1.2 Additional Shifts .............................................................................................................. 1 1.3 Temporary Alternate Work Schedule ............................................................................... 1 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 .................................................................................................. 2 2.5 Weekend and Holiday Stand-by Pay ................................................................................ 3 2.6 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 Regular Part-Time Employees ...................................................................... 5 4. Annual Leave Program ................................................................................................................ 5 4.1 Accrual ............................................................................................................................ 5 4.2 Residual Accrued Sick Leave ............................................................................................ 5 4.3 Annual Leave Administration ........................................................................................... 5 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 California Family Rights Act and Family Medical Leave Act .............................................. 7 6.4 Temporary Light or Limited Duty ..................................................................................... 7 6.5 Americans with Disabilities Act ........................................................................................ 8 6.6 Payment to Beneficiary.................................................................................................... 8 6.7 Insurance Coverage ......................................................................................................... 8 TABLE OF CONTENTS MOA - S.E.I.U. Maintenance Workers June 22y 9, 202117, through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 6.8 Alternate Benefit ............................................................................................................. 9 6.9 Dental Coverage ............................................................................................................ 10 6.10 Vision Coverage ............................................................................................................. 11 6.11 Adoption Benefit ........................................................................................................... 11 6.12 Death/Bereavement Leave ............................................................................................ 11 6.13 Funeral Benefit .............................................................................................................. 12 6.14 Long-Term Disability Insurance ...................................................................................... 12 6.15 Life Insurance ................................................................................................................ 12 6.16 Deferred Income ........................................................................................................... 12 6.17 Retired, Deceased and/or Permanently and Totally Disabled Employees ....................... 12 6.18 Clothing Allowance ........................................................................................................ 15 6.19 Education and Training .................................................................................................. 16 6.20 Longevity Pay or Educational Incentive Pay ................................................................... 17 6.21 Retirement Programs .................................................................................................... 18 6.22 Dependent Care Assistance Program ............................................................................. 19 6.23 Health Care Tax-Free Dollar Account Program ............................................................... 19 6.24 Hearing Aid Benefit........................................................................................................ 19 7. Agency Shop and Payroll Deductions ........................................................................................ 19 7.1 Agency Shop .................................................................................................................. 19 7.2 SEIU Dues Deduction ..................................................................................................... 20 7.3 Employee Listing............................................................................................................ 20 7.4 SEIU Paycheck Deduction .............................................................................................. 20 7.5 SEIU Membership – Service Fee ..................................................................................... 20 7.6 Hold Harmless ............................................................................................................... 20 7.7 Fair Representation ....................................................................................................... 21 7.8 SEIU Required Membership ........................................................................................... 21 8. Safety & Work Equipment ......................................................................................................... 21 8.1 Safety Items................................................................................................................... 21 8.2 UV Protection ................................................................................................................ 21 8.3 Basic Tool Kit ................................................................................................................. 21 9. Salary Adjustments & Miscellaneous Pay .................................................................................. 22 9.1 Salary Adjustments ........................................................................................................ 22 TABLE OF CONTENTS MOA - S.E.I.U. Maintenance Workers June 22y 9, 202117, through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 9.2 Paychecks ...................................................................................................................... 22 9.3 Pay Change Effective Dates............................................................................................ 22 9.4 Layoff Procedure ........................................................................................................... 22 9.5 Certification and License Program ................................................................................. 23 10. Alcohol ...................................................................................................................................... 24 10.1 Alcoholic Beverages or Other Drugs ............................................................................... 24 10.2 Off-duty Hours ............................................................................................................... 25 10.3 Prescription Drugs ......................................................................................................... 25 11. Smoking .................................................................................................................................... 25 12. Grievance Policy and Procedure ................................................................................................ 25 13. Use of City Facilities .................................................................................................................. 25 14. Management Rights .................................................................................................................. 25 15. Work Curtailment (No Strike Clause) ......................................................................................... 26 16. Personnel Rules and Regulations ............................................................................................... 26 17. Term of Agreement ................................................................................................................... 26 18. Succeeding Agreement ............................................................................................................. 26 19. Invalidation ............................................................................................................................... 26 19.1 Suspension of Agreement .............................................................................................. 26 19.2 Replacement ................................................................................................................. 27 20. Non-Discrimination ................................................................................................................... 27 21. Personnel Files .......................................................................................................................... 27 22. Employee Performance Evaluations .......................................................................................... 27 22.1 Performance Evaluation ................................................................................................ 27 22.2 Employee Response to Performance Evaluation ............................................................ 27 23. SEIU Officers ............................................................................................................................. 27 24. Scrap Metal Fund ...................................................................................................................... 28 25. Labor Management Committees ............................................................................................... 28 25.1 Joint Labor Management Committee – Ad Hoc .............................................................. 28 25.2 Joint Labor Management Committee – Workload/Scheduling ....................................... 29 26. Maintenance Worker Trainee Program ..................................................................................... 29 27. Total Compensation Survey ....................................................................................................... 29 28. Complete Understanding .......................................................................................................... 29 TABLE OF CONTENTS MOA - S.E.I.U. Maintenance Workers June 22y 9, 202117, through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 Appendix A: Certification & License Program .............................................................................................. Appendix B: Maintenance Worker Trainee Program ................................................................................... City Council Resolution No. 79-22, adopted February 13, 1979 — Employee Grievance Procedure (Currently under review and subject to change.) .................................................................. City Council Resolution No. 80-140, adopted August 11, 1980 - Permanent Part-Time Employees' Fringe Benefits .......................................................................................................................................... City Council Resolution No. 2001-270, adopted September 10, 1997 — Catastrophic Leave Program.................................................................................................................................................... City’s Current Personnel Rules & Regulations ............................................................................................ June 15, 2017 Side Letter of Agreement – Joint Committee to Make Recommendations on Public Works General Services and Utility Division Job Classifications/Organization ............................................. Commented [A1]: Need to update 1 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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. 2 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 3 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 a flat rate of $30.00 for each four hour shift$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 at a flat rate for a twenty- four hour period. The rate shall be $30.00 for each four hour shift. 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. Routine assignments shall not exceed one (1) hour, which is determined to be compensated as part of the standby pay. 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, 4 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 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 5 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 EEmployees hired between July 1 and December 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 Regular Part-Time Employees on Regularly Scheduled Day Off If a scheduled or observed holiday falls on a regularly scheduled day off, the part- time 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 6 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 disability wage plan will be converted to fully-paid hours (balance divided by 2), and credited to the balance of each employee covered by the disability wage plan. Employees in the disability wage plan who have not received their 2011 anniversary allotment of 40 hours of full-pay disability wage at the time of conversion will receive this additional 40 hours upon conversion. Paid leave for approved absence due to injury or illness may be charged against this balance at the employee’s 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 7 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 Fringe Benefit Administration City reserves the right to select the insurance carrier(s) or to self-administer any of the fringe benefit programs provided during the term of this 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. 201701-109270 adopted December 11, 2001August 22, 2017. California Family Rights Act and Family Medical Leave Act Employees may request a leave of absence under the California Family Rights Act (CFRA) and/or the Federal Family Medical Leave Act (FMLA). Requests for family 8 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 and medical leave shall comply with the requirements of the CFRA and/or the FMLA. Temporary Light or Limited Duty Employees injured or ill from either on-the-job (industrial) or off-the-job (non- industrial) causes may , at the City's sole discretion, be assigned to light, limited, or modified duty. The City and the employee shall have an interactive process meeting upon receipt of the request, unless the City intends to grant the employee’s request and finds that an interactive process is not needed. 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. Americans with Disabilities Act The City and S.E.I.U. recognize that the City has an obligation under law to comply with the Americans with Disabilities Act (ADA) and disability provisions of the California Fair Employment and Housing Act (FEHA). 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: 9 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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: Enrollment Level 7/1/16 – 6/30/18 2018-2019 2019-2020 2020-2021 Employee Only (Single) $500 $500 $515 $530 Employee + 1 (Two Party) $1,000 $1,000 $1,030 $1,060 Employee + 2 (Family) $1,400 $1,400 $1,450 $1,500 Enrollment Level 2021-2022 (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 10 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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. (c) Re-Opener If Needed to Address Affordable Care Act Requirements or Changes If, during the term of this Agreement, the legal requirements of the Affordable Care Act, or its successor, have an impact on City rights and obligations regarding health benefits for City employees that cause the provisions of Article 6.7 to be out of compliance with law, the parties agree to re-open Article 6.7 in order to meet and confer over such impacts. Alternate Benefit Employees who opt out of medical coverage are eligible to receive an alternate benefit in the amount of $400$350 per month (provided as specified below) if they satisfy the following conditions: 11 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 1. The employee must provide proof of and attest to having minimum essential coverage as defined by the Internal Revenue Service (IRS) through another group health plan (or other plan deemed acceptable by the IRS) for the employee and for all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable plan year to which the opt out payment applies. The employee is not required to have coverage through a group health plan outside of the City to be eligible.; 2. The employee must provide the City with proof of and attestation to coverage every plan year. Such proof and attestation must be provided at the time the employee first wishes to opt out of City-provided medical insurance, and during Open Enrollment each year thereafter, so long as the employee wishes to continue to opt out of City provided medical coverage. This alternate benefit shall be provided as a contribution to the employee’s deferred compensation account or for the purchase of supplemental life insurance and/or any other eligible benefit program approved and authorized by the City. 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. 12 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 (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 sick leave if the employee must travel out of the area, i.e. at least two hundred and fifty (250) miles one way. (c) Immediate family in this case means: spouse, domestic partner, father, father- in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, child (including 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. 13 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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. 14 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 15 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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: 16 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 (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 17 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 (2) 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% For each year thereafter 1/2% 18 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 (ai), 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. 19 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 20 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 th e 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 21 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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). Agency Shop and Payroll DeductionsOrganization Security Bargaining Unit Recognition City recognizes S.E.I.U. Local 1021 as the exclusive representative for the following regular full-time classifications: Fleet Mechanic, Fleet Services 22 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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, ar e 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 bee n 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 deduct dues. In this connection, all other required deductions have priority over the dues and unit member organization deduction. 23 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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  Work, home and personal telephone numbers and personal email addresses on file with the City. 24 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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. Agency Shop City acknowledges that S.E.I.U. Local 1021 is the exclusive representative for certain classifications listed below and that an agency shop arrangement as authorized by State law (Government Code Section 3502.5) was established pursuant to an election held during a previous contract period. The agency shop shall apply to all regular full-time and regular part-time Public Works employees in classifications included in the bargaining unit. This currently excludes seasonal and temporary employees, and includes the following classifications: Fleet Mechanic, Fleet Services Supervisor, Instrumentation Technician, Electrician, Arborist, Meter Technician, Maintenance Worker II, Maintenance Worker I, Maintenance Worker Trainee, Landscape Maintenance Worker, Supervising Maintenance Worker, General Services Supervisor and Utilities Services Supervisor. Public Works’ positions designated managerial by City, if any, are excluded from the bargaining unit and shall not be subject to this Agency Shop Agreement. New positions added to the bargaining unit will be covered by this Agency Shop Agreement. SEIU Dues Deduction S.E.I.U. will be provided with monthly payroll deduction of dues, service fees and premium amounts for insurance programs sponsored by the employee’s organization at no cost to the employee organization. Employee Listing S.E.I.U. will provide the City Manager with a listing of deductions to be made from represented employees. Said listing will remain in force until amended by S.E.I.U. in writing. S.E.I.U. will hold the City harmless from any liability for errors resulting from errors on the listing provided by S.E.I.U. SEIU Paycheck Deduction All S.E.I.U. deductions will be taken from the mid-month paycheck and promptly forwarded to S.E.I.U. SEIU Membership – Service Fee 25 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 Employees covered by this Memorandum of Agreement shall join and maintain membership in S.E.I.U., or at the employee's option (1) pay a monthly service fee equal to a percentage of monthly dues paid by S.E.I.U. members, or (2) pay monthly to a non-religious, non-labor, charitable fund exempt from taxation under Section 501(c) (3) of the Internal Revenue Code, a sum equal to the monthly dues paid by S.E.I.U. members. Said percentage will be established on an annual basis by S.E.I.U. in accordance with Hudson procedures. Option number two (2) is only available to an employee with a bona fide religious objection. Hold Harmless S.E.I.U. agrees to indemnify and defend the City, its officers, employees and agents and hold it harmless against any and all suits, claims, demands and liabilities that shall arise directly or indirectly out of any action that shall be taken or not taken or on behalf of the City, its officers, employee and agents for the purpose of complying with the foregoing sections. 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. SEIU Required Membership All S.E.I.U. members who had S.E.I.U. deduction authorizations on file with the Auditor-Controller or S.E.I.U., or who may thereafter authorize in writing the deduction of their S.E.I.U. dues, shall remain on payroll deduction for the term of this Memorandum of Agreement or so long as they are members of the representative units. S.E.I.U. members may terminate payroll deductions of dues at the expiration of this Memorandum of Agreement by giving written notice to S.E.I.U. during an one-month period between ninety (90) and sixty (60) days prior to the expiration of the term. S.E.I.U. agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from any claim, liability or damage arising from this provision. Safety & Work Equipment Safety Items 26 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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) Use of Personal Tools: Certain employees may be permitted to use personal tools in the workplace, upon request and as described in the Department of Public Works policy, Use of Personal Tools for City Business. The reimbursement for personal equipment described in Section 6.18(a) of the Memorandum of Agreement will not apply to personal tools used in the workplace in accordance with this policy. (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 Salary Adjustments (a) Effective the first day of the first full pay period following the date of Council approval of this MOAJuly 9, 2017, base salary shall be increased by five and one- half percent (35.85%). 27 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 (b) Effective the first day of the pay period that includes July 1, 202218, base salary shall be increased by 2.7%two and one-half percent (2.5%). (c) Effective the first day of the pay period that includes July 1, 202319, base salary shall be increased by 2%two and one-half percent (2.5%). (d) Effective the first day of the pay period that includes July 1, 20240, base salary shall be increased by 1.5%three percent (3%). Paychecks When the City acquires the technology to do so, tThe 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.distribute Employees shall have access to their paychecks/automatic deposit notices onlineto employees electronically on payday. For eEmployees requesting a physical paycheck, the City will send it by mail prior to payday may pick it up on break or lunchtime at the City Hall front counter on payday. Physical paychecks may also be delivered through interoffice courier as is currently the practice. 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. Layoff Procedure The City and S.E.I.U. agree to clarify how Section 21, Layoffs and Section 22, 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, not including temporary employment assignments, 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. 28 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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. 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 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. Commented [A2]: Moved to Section 26 29 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 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 30 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 sick leave. 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. 2018-07979-22, adopted June 12, 2018 February 13, 1979, a copy of which is attached hereto. This grievance procedure is currently being revised, and the Resolution establishing the revised grievance procedure will be attached to this MOA after completion of any and all required meet and confer obligations. Failure to meet any time line or specifically comply with any other requirement of the Employee Complaint Resolutiongrievance Pprocedure constitutes a specific waiver and is a bar to further consideration of the grievance. Use of City Facilities 31 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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) 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 on July 9, 2017 upon Council approval of the MOA through June 30, 20251, unless extended by mutual agreement of the parties. 32 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 Succeeding Agreement Negotiations for the period commencing July 1, 20251, shall begin on or before February 1, 20251, 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. 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 33 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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 pProper accounting shall be kept 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 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. 34 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 (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. 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 ProcedureMaintenance Worker Trainee ProgramThe City will implement the Maintenance Worker Trainee Program as described in Appendix B. The City and S.E.I.U. agree to clarify how Section 6.C.21, Layoffs and Section 6.B.22, 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, not including temporary employment assignments, 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. 35 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 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. Total Compensation Survey The City agrees to conduct a total compensation survey consistent with the City's Compensation Philosophy, and covering at least fifty (50%) of existing classifications as of October 1, 20240. The survey will be initiated not later than November 1, 20240 and will be completed prior to the commencement of negotiations for a successor MOA. 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. Commented [A3]: Layoff Procedure – moved from Section 9.4 to Section 26 36 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 CITY OF ROHNERT PARK SERVICE EMPLOYEES INTERNATIONAL UNION Darrin Jenkins, City Manager DATE Carolyn LopezDiego Santelices DATE SEIU Representative Jean Lestanguet, Board Official DATE Jason KindleMitch Pearson DATE Mark HendersenBilly Wilson DATE John Stead Mendez DATE SEIU Executive Director Council Approval: By: ____________________ Jake MackenzieGerard Giudice, Mayor Resolution Number: Attest: _______________________________________ JoAnne BuerglerSylvia Lopez Cuevas, City Clerk Approved As To Form: __________________________________________ Michelle Marchetta Kenyon, City Attorney CITY OF ROHNERT PARK 37 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 The following are incorporated in this Agreement by reference:  Appendix A: Certification & License Program  Appendix B: Maintenance Worker Trainee Program  City Council Resolution No. 2018-07979-22, adopted June 12, 2018 February 13, 1979 — Employee Grievance Complaint Resolution Procedure (Currently under review and subject to change.)  City Council Resolution No. 80-140, adopted August 11, 1980 - Permanent Part-Time Employees' Fringe Benefits,  City Council Resolution No. 201701-109270, adopted August 22, 2017 September 10, 1997 — Catastrophic Leave Program  City's Current Personnel Rules & Regulations  June 15, 2017 Side Letter of Agreement – Joint Committee to Make Recommendations on Public Works General Services and Utility Division Job Classifications/Organization INDEX 38 MOA - S.E.I.U. Maintenance Workers June 22ly 9, 202117 through June 30, 20251 SJ - San Jose #4813-0735-6396 v3 Accrual ................................................................................ 2, 5, 6 Additional Shifts ......................................................................... 1 Adoption Benefit ...................................................................... 11 Agency Shop ............................................................................. 19 Agency Shop and Payroll Deductions ....................................... 19 Alcohol ...................................................................................... 24 Alcoholic Beverages or Other Drugs ......................................... 24 Alternate Benefit ........................................................................ 9 Americans with Disabilities Act .................................................. 8 Annual Leave Administration ..................................................... 5 Annual Leave Program ................................................................ 5 Basic Tool Kit ............................................................................ 21 California Family Rights Act and Family Medical Leave Act ........ 7 Call Back ..................................................................................... 2 Catastrophic Leave ..................................................................... 7 Certification and License Program ............................................ 23 Clothing Allowance ................................................................... 15 Compensatory Time ................................................................... 2 Complete Understanding ......................................................... 30 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 Listing ....................................................................... 20 Employee Performance Evaluations ......................................... 27 Employee Response to Performance Evaluation ...................... 27 Fair Representation .................................................................. 21 Floating Holiday .......................................................................... 4 Fringe Benefit Administration .................................................... 6 Funeral Benefit ......................................................................... 12 Grievance Policy and Procedure ............................................... 25 Health Care Tax-Free Dollar Account Program ......................... 19 Hearing Aid Benefit................................................................... 19 Hold Harmless .......................................................................... 20 Holidays ...................................................................................... 4 Holidays for Regular Part-Time Employees ................................ 5 Hours of Work ............................................................................ 1 Insurance Coverage .................................................................... 8 Invalidation ............................................................................... 26 Joint Labor Management Committee – Ad Hoc........................ 28 Joint Labor Management Committee – Workload/Scheduling 29 Labor Management Committees .............................................. 28 Layoff Procedure ...................................................................... 22 Life Insurance ........................................................................... 12 Longevity Pay or Educational Incentive Pay ............................. 17 Long-Term Disability Insurance ................................................ 12 Maintenance Worker Trainee Program .................................... 29 Management Rights ................................................................. 25 Military Leave ............................................................................. 6 Non-Discrimination .................................................................. 27 Observed Holidays ..................................................................... 4 Off-duty Hours ......................................................................... 25 Other Fringe Benefits ................................................................. 6 Overtime .................................................................................... 2 Overtime Compensation Rate .................................................... 2 Pay Change Effective Dates ...................................................... 22 Paychecks ................................................................................. 22 Payment to Beneficiary .............................................................. 8 Performance Evaluation ........................................................... 27 Personnel Files ......................................................................... 27 Personnel Rules and Regulations ............................................. 26 Phone/Electronic Work Compensation ...................................... 3 Prescription Drugs .................................................................... 25 Regular Workweek ..................................................................... 1 Replacement ............................................................................ 27 Residual Accrued Sick Leave ....................................................... 5 Retired, Deceased and/or Permanently and Totally Disabled Employees ............................................................................ 12 Retirement Programs ............................................................... 18 Safety & Work Equipment ........................................................ 21 Safety Items.............................................................................. 21 Salary Adjustments................................................................... 22 Salary Adjustments & Miscellaneous Pay................................. 22 Scrap Metal Fund ..................................................................... 28 SEIU Dues Deduction ................................................................ 20 SEIU Membership – Service Fee ............................................... 20 SEIU Officers ............................................................................. 27 SEIU Paycheck Deduction ......................................................... 20 SEIU Required Membership ..................................................... 21 Short Term Disability .................................................................. 6 Smoking .................................................................................... 25 Stand-by Duty Work Assignments .............................................. 3 Stand-by/Call-out Minimum Pay ................................................ 3 Succeeding Agreement ............................................................ 26 Suspension of Agreement ........................................................ 26 Temporary Alternate Work Schedule ......................................... 1 Temporary Light or Limited Duty ............................................... 7 Term of Agreement .................................................................. 26 Total Compensation Survey ..................................................... 29 Use of City Facilities ................................................................. 25 UV Protection ........................................................................... 21 Vision Coverage ........................................................................ 11 Weekend and Holiday Stand-by Pay .......................................... 3 Weeknight Stand-by Pay ............................................................ 2 Work Curtailment (No Strike Clause) ....................................... 26 Commented [A4]: Need to update EXHIBIT B SJ - San Jose #4827-2358-9100 v1 CITY OF ROHNERT PARK & SEIU 2021 LABOR NEGOTIATIONS TENTATIVE AGREEMENT SUMMARY JUNE 9, 2021 Proposal No. Topic MOA Section Tentative Agreement City #1 Paychecks 9.2 Change the default of how employees receive wages to direct deposit. City #2 Safety & Work Equipment 8  Remove provision regarding employees’ use of personal tools  Add requirement that employees sign an acknowledgment of receipt of all City-owned tools and equipment they receive City #3 Catastrophic Leave 6.2 Revise language so that it cites to the current version of the catastrophic leave policy. City #4 Unnecessary Citations to Statutes 6.3 and 6.5 Remove provisions that merely cites to the law – Family Medical Leave Act, California Family Rights Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act. City #5 Grievance Policy and Procedure 12 Revise language so that it cites to the current version of the grievance policy. City #6 Death/Bereavement Leave 6.12 Change language so that an employee may use any accrued leave, rather than just “accrued sick leave.” City #7 Prescription Drugs 10.3 Change language so that an employee may use any accrued leave, rather than just “accrued sick leave.” City #8 Compensation Survey 27  Remove “Total” from “Total Compensation Survey” because it is redundant  Update timeframe to complete survey to reflect current MOA City #9 Layoff Procedure 9.4 Modify to cite to correct Personnel Rules and Regulations and to be consistent with conversations with SEIU on how to determine seniority City #10 Documents Incorporated by Reference n/a Update the list of documents incorporated by reference to the MOA to reflect the current versions of policies and remove programs that no longer exists. City #11 Term of Agreement 17 4-year term City #12 Scrap Metal Fund 24 Clarify that SEIU is responsible for keeping proper accounting on all receipts and disbursements from funds SEIU #1 Dues Deduction 7 Modify Section 7 entirely to ensure legal compliance. SEIU #2 Floating Holiday 3 Tie the use of floating holidays to the following workdays: (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. SJ - San Jose #4827-2358-9100 v1 Proposal No. Topic MOA Section Tentative Agreement SEIU #3 Temporary Alternate Work Schedule and Emergency Work Schedule 1.3 and 1.4  Clarify that the Temporary Alternate Work Schedule provision was intended for planned alternate work schedules and not emergency situations  Clarify that if staff works outside of their standard shift, they are paid at 1.5x their hourly rate for the hours outside their standard shift and at 2x if the hours worked is between midnight and 6 a.m. SEIU #4 Stand-by Pay 2.4-2.6  Increase amount of compensation for stand-by time to $15.00 per hour  Clarify that compensation for routine assignments while weekend and holiday stand-by is 1.5x their hourly rate SEIU #6 Light or Limited Duty 6 Provide that the City will engage in the interactive process with an injured employee requesting light or modified duty, unless the City intends to grant the employee’s request and finds that the interactive process is not needed. City Contribution for Health Insurance 6.7  Increase City contributions by 6% for first year and then by 3% for each subsequent year of MOA.  Delete provision regarding “Re-Opener to Address Affordable Care Act Requirements or Changes” Alternate Benefits 6.8 Increase benefit amount provided to eligible employees who those who opt out of medical coverage to $400 per month. Clothing Allowance 6.18 Made very minor change to clean up language Educational Incentive Pay 6.20 Modify language so that the monthly incentive pay is paid out equally per pay period. Paid Parental Leave New Section 6.23 Provide eligible employees with 120 hours of paid parental leave to be used within 6 months for the following eligible events: (1) birth of a child of the employee, the employee’s spouse, or the employee’s domestic partner; and (2) placement of a child with the employee’s family for adoption or foster care. SEIU #8 Salary Adjustments 9.1  Increase base salary for each member by 3.8% effective the first pay period following the date of Council approval of the MOA.  2.7% base pay increase effective July 1, 2022.  2% base salary increase effective July 1, 2023.  1.5% base salary increase effective July 1, 2024. SEIU #9 Bilingual Premium New Section 9.5 Provide $100 per month to employees designated by the City as bilingually proficient and require such employees to provide translation services upon request. SJ - San Jose #4827-2358-9100 v1 Proposal No. Topic MOA Section Tentative Agreement SEIU #10 One-Time Payment New Section 9.6 Provide a one-time, off salary schedule, COVID-Related Impacts Recognition Payment in the amount of $1,000 if a successor MOA is approved by the Council on or before July 1, 2021. City Proposal Job Classifications N/A  Parks Maintenance Worker III: Modify so that employee must possess Recycle Water System Site Supervisor Certificate within 6 months of date of appointment  Parks Maintenance Supervisor: Modify so that employee must possess Recycle Water System Site Supervisor Certificate within 6 months of date of appointment  Facilities Maintenance Worker III: Modify so that employee must possess a Certified Pool Operator Certificate within 3 months of date of appointment  Facilities Maintenance Supervisor: Modify so that employee must possess a Certified Pool Operator Certificate within 3 months of date of appointment EXHIBIT C PARKS MAINTENANCE WORKER III DEFINITION Under general supervision, performs a variety of highly skilled activities and functions related to the operation, maintenance, and repair of the City’s parks and recreation areas; performs related duties as required. In addition, may provide lead direction to Parks Maintenance work teams. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from assigned supervisory or management personnel. May exercise technical and functional direction over and provide training to lower-level maintenance staff. CLASS CHARACTERISTICS The Parks Maintenance Worker III class is the advanced journey-level position within the City’s Department of Public Works. Incumbents work under general direction and exercise a high level of discretion and independent judgment in performing the full range of routine to complex activities and functions related to the operation, maintenance, and repair of the City’s parks and recreation areas. Incumbents also provide lead direction and supervision to lower level maintenance staff. The class is distinguished from the Parks Maintenance Worker II by requiring greater initiative, judgment, responsibility, autonomy and discretion relevant to the planning, organization, and dissemination of maintenance activities, assignments and duties. Although the incumbent in this position has day-to-day responsibility for assigned projects, the position differs from the Parks Maintenance Supervisor by requiring less overall responsibility for division operations. EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Performs municipal landscape maintenance activities in city facilities, streets and parks, including turf maintenance, weed removal, shrub and tree pruning, and irrigation adjustment, installation, repair, and control.  Repairs and abates various forms of vandalism including graffiti and miscellaneous damage to public facilities.  Maintains, adjusts and repairs potable water and recycled water irrigation systems; monitors and controls irrigation to eliminate overwatering and runoff.  Sets irrigation schedules with Smart and conventional irrigation systems.  Applies herbicides and pesticides to turf and other landscape features.  Operates and/or drives a variety of light and heavy-duty equipment and vehicles typically used in Public Works’ maintenance and construction activities.  Performs a variety of construction and maintenance functions related to the development, care, and upkeep of the City park facilities and infrastructure.  Inspects and repairs playground structures and equipment.  Maintains and renovates athletic fields.  Inspects and maintains park areas, including but not limited to, playground equipment and play areas, turf, shrubs and other landscape features, athletic fields, tennis and basketball courts, lighting, Parks Maintenance Worker III Page 2 of 4 restrooms, pathways, benches, drinking fountains and related facilities and equipment.  Locates related underground utilities, such as irrigation control wiring.  Operates a variety of commercial powered landscape equipment and tools including but not limited to tractors, backhoes, high weed mowers, riding and push mowers, string trimmers, hedgers, blowers, hand clippers and pruners.  Installs, repairs, and maintains irrigation, sprinkler and drip systems.  Operates and repairs recycled water irrigation systems.  Removes weeds, litter, and other unsightly vegetation.  Performs turf management techniques including mowing, edging, fertilization, aeration, and reseeding.  Assists Arborist with the trimming and removal of tree trimmings and leaves.  Applies herbicides in parks, building grounds, and streetscape areas.  Removes graffiti and litter.  Reads and interprets plans and specification.  Provides timely and responsive corrective action to citizens’ questions, concerns, complaints, and claims.  Uses a computer to assist with the logging and/or tracking of daily work assignments; maintains other work-related records as needed. In performing the duties described above, the incumbent is expected to:  Provide outstanding and friendly customer service.  Create and maintain a respectful and collaborative working environment.  Communicate honestly and behave in a manner that is ethical, legal and fiscally responsible.  Demonstrate care for the organization, customers, and coworkers.  Perform work of the highest quality possible.  Practice and encourage initiative and innovation to improve the workplace. QUALIFICATIONS Knowledge of:  Methods, equipment and materials used to maintain public facilities and infrastructure.  Types and levels of maintenance and repair functions performed in public works operations.  Materials and supplies needed for completion of public works projects.  Occupational hazards and standard safety precautions and practices.  Principles of providing functional direction and training.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.  The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.  Modern equipment and communication tools used for business functions and program, project, and task coordination.  Computers and software programs to conduct, compile, and/or generate documentation. Ability to:  Effectively provide staff leadership and work direction.  Operate a variety of equipment, vehicles, power and hand tools.  Implement innovative techniques in response to mechanical and electrical problems.  Perform arithmetic calculations sufficient to determine volumes, areas, lengths, percentages and conversions.  Prepare written documents including reports, memos, and spreadsheets.  Demonstrate and follow safe work practices. Parks Maintenance Worker III Page 3 of 4  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.  Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.  Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.  Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.  Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to completion of the twelfth (12th) grade and five (5) years of increasingly responsible experience in playground maintenance, turf management, and renovation of athletic fields equivalent to City of Rohnert Park Parks Maintenance Worker II. Licenses and Certifications:  Possession of a valid California Class C driver’s license by time of appointment and a satisfactory driving record.  Possession of California Department of Pesticide Regulation Qualified Applicator Certificate.  Possession of Certified Playground Safety Inspector issued by the National Playground Safety Institute  Possession of Recycled Water System Site Supervisor Certificate within six (6) months of date of appointment. The following are highly desirable for the Parks Maintenance Worker III to possess:  California State Water Resources Control Board (SWRCB) Water Distribution Operator Certificate Grade I.  Certified Pool Operator Certificate issued by the National Swimming Pool Foundation. PHYSICAL DEMANDS Must possess mobility to work in the field; strength, stamina, and mobility to perform medium to heavy physical work, to work in confined spaces and around machines, to climb and descend ladders, to operate varied hand and power tools and construction equipment, and to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; smell to recognize and distinguish odors, and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above- mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull Parks Maintenance Worker III Page 4 of 4 materials and objects weighing up to 70 pounds or heavier weights with the use of proper equipment and assistance from other staff. ENVIRONMENTAL ELEMENTS Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. May be required to wear respiratory equipment. Employees may interact with members of the public or with staff under emotionally stressful conditions while interpreting and enforcing departmental policies and procedures. WORKING CONDITIONS May provide twenty-four-hour standby service. FLSA Status: Non-exempt Employee Unit: Service Employees’ International Union (SEIU), Local 1021 Approved By: Date Approved: PARKS MAINTENANCE SUPERVISOR DEFINITION Under general direction, plans, schedules, and assigns the work of the parks and landscape maintenance staff within the Public Works Department; supervises, plans, and coordinates the construction, installation, maintenance, and repair of parks, landscape areas, and recreation facilities; administers, monitors, and provides technical input for assigned maintenance, operations, and related projects and programs; provides responsible technical assistance to the Operations Manager–General Services; performs a variety of technical and hands-on tasks relative to the assigned functional area; and performs related work as required. SUPERVISION RECEIVED AND EXERCISED Receives general direction from assigned supervisory or management personnel. Exercises direct and general supervision over maintenance staff. CLASS CHARACTERISTICS The Parks Maintenance Supervisor position is a working supervisory classification. Incumbents are responsible for planning, organizing, supervising, reviewing, and evaluating the work of Parks Maintenance Worker I, II, and III and Landscape Maintenance Worker. Performance of the work requires the use of considerable independence, initiative, and discretion within established guidelines. The class is distinguished from the Parks Maintenance Worker III by requiring greater initiative, judgment, responsibility, autonomy, and discretion relevant to the planning and completion of a wide variety of maintenance and operational activities. Although the incumbent in this position has day-to-day responsibility for assigned projects, the position differs from the Operations Manager – General Services by the lack of overall responsibility for division operations. EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Supervises and plans work schedules; selects, trains and monitors work performance of assigned personnel; prepares initial draft of performance appraisals for personnel in assigned division.  Responds to citizens’ questions, concerns, complaints, and claims with the intent to provide reasonable and responsible corrective action.  Attends meetings, seminars, conventions, and trainings.  Schedules and conducts training and safety meetings for assigned personnel.  Supervises the operation, maintenance, repair, and replacement of the facilities and equipment in the Division.  Collects, organizes, and analyzes data; initiates and approves project expenditures; may authorize payment of departmental invoices and expenditures.  Ensures compliance with local, State and Federal requirements.  Determines and recommends equipment, devices, materials, staffing, and safety needs, for assigned operation maintenance, and improvement projects.  Inspects and evaluates work in progress and upon completion.  Reads and interprets maps, diagrams, schematics, contracts, and work orders. Parks Maintenance Supervisor Page 2 of 4  Troubleshoots and diagnoses problems and plans and implements efficient and effective solutions.  Assists with the coordination of a variety of community-based activities related to Parks and Recreation.  Assists in the development of park maintenance policy and procedures.  Monitors and assists with the division’s budget by researching and making recommendations; determines and approves budget expenditures.  Prepares purchase orders; orders division’s supplies and materials; completes relevant department reports and maintains other work-related records as needed.  Operates and/or drives a variety of light and heavy equipment including, but not limited to, tractors, dump trucks, backhoes, forklifts, bucket truck, and mowers.  Reviews and comments on submitted plans and specifications, maps, drawings and contracts.  Oversees the maintenance of park areas including, but not limited to, athletic fields, tennis and basketball courts, restrooms, pathways, landscape areas including streetscape, and related facilities.  Locates related underground utilities, such as irrigation control wiring.  Inspects and coordinates the maintenance and repair of playground equipment and areas.  Installs, repairs, and maintains irrigation and sprinkler systems.  Provides input on the design, installation and maintenance of various landscape projects and oversees the renovation of athletic activity areas.  Maintains a variety of landscape features, including bushes and shrubs and turf.  Applies herbicide and oversees weed abatement program.  Implements turf management practices, including mowing, edging, aeration, and reseeding.  Coordinates with the Arborist to maintain trees in the parks.  Ensures the proper inspection and repair of tennis and basketball courts.  Maintains bike paths, foot bridges, and creeks. In performing the duties described above, the incumbent is expected to:  Provide outstanding and friendly customer service.  Create and maintain a respectful and collaborative working environment.  Communicate honestly and behave in a manner that is ethical, legal and fiscally responsible.  Demonstrate care for the organization, customers, and coworkers.  Perform work of the highest quality possible.  Practice and encourage initiative and innovation to improve the workplace. QUALIFICATIONS Knowledge of:  Methods, equipment and materials used to maintain public facilities and infrastructure.  Types and levels of maintenance and repair functions performed in public works operations.  Materials and supplies needed for completion of public works projects.  Occupational hazards and standard safety precautions and practices.  Computer programs and operation.  Recordkeeping.  Principles and practices of budget development and administration.  Principles and practices of employee supervision, including work planning, assignment review and evaluation, discipline, and the training of staff in work procedures. Basic principles of organization and administration.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.  The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar. Parks Maintenance Supervisor Page 3 of 4  Modern equipment and communication tools used for business functions and program, project, and task coordination.  Computers and software programs to conduct, compile, and/or generate documentation. Ability to:  Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner.  Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.  Operate a variety of equipment, vehicles, power and hand tools.  Implement innovative techniques in response to mechanical and electrical problems.  Prepare written correspondence including, but not limited to, reports, memos, and spreadsheets.  Perform arithmetic calculations sufficient to determine volumes, areas, lengths, percentages and conversions.  Prepare and maintain records and reports with the use of computer programs.  Demonstrate and direct others to follow safe work practices.  Learn and implement new technology.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.  Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.  Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.  Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to completion of the twelfth (12th) grade and three (3) years of increasingly responsible experience in playground maintenance, turf management, and renovation of athletic fields including one (1) year of lead experience. Licenses and Certifications:  Possession of a valid California Class C driver’s license by date of appointment and a satisfactory driving record.  Possession of Recycled Water System Site Supervisor within six (6) months of by date of appointment.  Possession of Certified Playground Safety Inspector issued by the National Playground Safety Institute by date of appointment.  Possession of California Department of Pesticide Regulation Qualified Applicator Certificate by date of appointment. The following are highly desirable for the Parks Maintenance Supervisor to possess: Parks Maintenance Supervisor Page 4 of 4  California State Water Resources Control Board (SWRCB) Water Distribution Operator Certificate Grade I  Possession of a Certified Pool Operator Certificate issued by the National Swimming Pool Foundation PHYSICAL DEMANDS Must possess mobility to work in the field; strength, stamina, and mobility to perform medium to heavy physical work, to work in confined spaces and around machines, to climb and descend ladders, to operate varied hand and power tools and construction equipment, and to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; smell to recognize and distinguish odors, and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above- mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 70 pounds or heavier weights with the use of proper equipment and assistance from other staff. ENVIRONMENTAL ELEMENTS Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. May be required to wear respiratory equipment. Employees may interact with members of the public or with staff under emotionally stressful conditions while interpreting and enforcing departmental policies and procedures. WORKING CONDITIONS May provide twenty-four-hour standby service. FLSA Status: Non-exempt Employee Unit: Service Employees’ International Union (SEIU) Approved By: Date Approved: SJ - San Jose #4842-2847-6142 v1 FACILITIES MAINTENANCE WORKER III DEFINITION Under general supervision, performs a variety of highly skilled activities and functions related to the maintenance of the City’s facilities and infrastructure; performs related duties as required. In addition, may provide lead direction to Facilities Maintenance work teams. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from assigned supervisory or management personnel. May exercise technical and functional direction over and provide training to lower-level maintenance staff. CLASS CHARACTERISTICS The Facilities Maintenance Worker III class is the advanced journey-level position within the City’s Department of Public Works. Incumbents work under general direction and exercise a high level of discretion and independent judgment in performing the full range of routine to complex activities and functions related to the operation, maintenance, and repair of the City’s facilities. Incumbents also provide lead direction and supervision to lower level maintenance staff. The class is distinguished from the Facilities Maintenance Worker II by requiring greater initiative, judgment, responsibility, autonomy and discretion relevant to the planning, organization, and dissemination of maintenance activities, assignments and duties. Although the incumbent in this position has day-to-day responsibility for assigned projects, the position differs from the Facilities Maintenance Supervisor by requiring less overall responsibility for division operations. EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Performs, diagnoses, troubleshoots, and repairs complex building systems.  Performs a variety of rough and finished carpentry work to include alterations, repairs and maintenance.  Installs, repairs, and replaces drywall and hard surfaces, including painting.  Installs interior and exterior wiring for equipment and appliances, troubleshoots and locates defects in electrical systems and replaces parts as necessary.  Performs routine, low-voltage electrical work including inspection, repair, installation and service of electrical and lighting systems.  Installs, maintains, and repairs plumbing systems and fixtures.  Performs repairs to a variety of roofing systems as needed.  Performs a variety of construction and maintenance functions related to the development, care, and upkeep of the City’s facilities and infrastructure.  Maintains heating, ventilation and air conditioning (HVAC) systems.  Uses building management systems to operate and troubleshoot HVAC and lighting control systems.  Operates and maintains city swimming pool equipment including filtration, heating and disinfection systems. Facilities Maintenance Worker III Page 2 of 4 SJ - San Jose #4842-2847-6142 v1  Works in confined space environments such as vaults and pits; uses air monitoring equipment to detect unsuitable air quality.  Provides timely and responsive corrective action to citizens’ questions, concerns, complaints, and claims.  May perform troubleshooting, maintenance, and repairs of chillers and boilers.  Reads and interprets building plans and specifications.  Uses a computer to assist with the logging and/or tracking of daily work assignments; maintains other work-related records as needed.  Operates and/or drives a variety of light and heavy-duty equipment and vehicles typically used in Public Works’ maintenance and constructions activities. In performing the duties described above, the incumbent is expected to:  Provide outstanding and friendly customer service.  Create and maintain a respectful and collaborative working environment.  Communicate honestly and behave in a manner that is ethical, legal and fiscally responsible.  Demonstrate care for the organization, customers, and coworkers.  Perform work of the highest quality possible.  Practice and encourage initiative and innovation to improve the workplace. QUALIFICATIONS Knowledge of:  Methods, equipment and materials used to maintain public facilities and infrastructure.  Types and levels of maintenance and repair functions performed in public works operations.  Materials and supplies needed for completion of public works projects.  Occupational hazards and standard safety precautions and practices.  Principles of providing functional direction and training.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.  The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.  Modern equipment and communication tools used for business functions and program, project, and task coordination.  Computers and software programs to conduct, compile, and/or generate documentation. Ability to:  Effectively provide staff leadership and work direction.  Operate a variety of equipment, vehicles, power, and hand tools.  Implement innovative techniques in response to mechanical and electrical problems.  Perform basic arithmetic calculations.  Prepare written documents including reports, memos, and spreadsheets.  Demonstrate and follow safe work practices  Works in confined space environments such as vaults and pits; uses air monitoring equipment to detect unsuitable air quality.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.  Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals. Facilities Maintenance Worker III Page 3 of 4 SJ - San Jose #4842-2847-6142 v1  Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.  Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.  Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to completion of the twelfth (12th) grade and five (5) years of increasingly responsible experience related to the maintenance of public facilities and infrastructure from either a public or private agency equivalent to City of Rohnert Park Facilities Maintenance Worker II. Licenses and Certifications:  Possession of a valid California driver’s license by date of appointment and satisfactory driving record.  Possession of a Certified Pool Operator Certificate issued by the National Swimming Pool Foundation by within three (3) months of date of appointment.  Possession of Section 608 Technician Certification Type 2, 3 and/or Universal. Testing for certification must be administered by an EPA-approved certifying organization license by date of appointment.  Possession of Certificate of completion of Chillers: Operation & Maintenance of Chilled Water Systems training provided by National Technology Transfer, Inc., also known as NTT Training, within one year of appointment.  Possession of Certificate of completion of Boilers: Technical & Operational training provided by National Technology Transfer, Inc., also known as NTT Training, within one year of appointment. Alterative courses/providers of comparable content and complexity will be considered on a case-by-case basis. PHYSICAL DEMANDS Must possess mobility to work in the field; strength, stamina, and mobility to perform medium to heavy physical work, to work in confined spaces and around machines, to climb and descend ladders, to operate varied hand and power tools and construction equipment, and to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; smell to recognize and distinguish odors, and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above- mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 70 pounds or heavier weights with the use of proper equipment and assistance from other staff. Facilities Maintenance Worker III Page 4 of 4 SJ - San Jose #4842-2847-6142 v1 ENVIRONMENTAL ELEMENTS Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. May be required to wear respiratory equipment. Employees may interact with members of the public or with staff under emotionally stressful conditions while interpreting and enforcing departmental policies and procedures. WORKING CONDITIONS May provide twenty-four-hour standby service. FLSA Status: Non-exempt Employee Unit: Service Employees’ International Union (SEIU), Local 1021 Approved By: Date Approved: SJ - San Jose #4841-4871-8830 v1 FACILITIES MAINTENANCE SUPERVISOR DEFINITION Under general direction, supervises and performs a variety of activities and functions related to the operation, maintenance, and repair of the City’s facilities and infrastructure; performs related duties as required. SUPERVISION RECEIVED AND EXERCISED Receives general direction from assigned supervisory or management personnel. Exercises direct and general supervision over maintenance staff. CLASS CHARACTERISTICS The Facilities Maintenance Supervisor is a working supervisory classification. Incumbents are responsible for planning, organizing, supervising, reviewing, and evaluating the work of Facilities Maintenance Worker I, II, and III. Performance of the work requires the use of considerable independence, initiative, and discretion within established guidelines. The class is distinguished from the Facilities Maintenance Worker III by requiring greater initiative, judgment, responsibility, autonomy, and discretion relevant to the planning and completion of a wide variety of maintenance and operational activities. Although the incumbent in this position has day-to-day responsibility for assigned projects, the position differs from the Public Works Operations Manager – General Services by the lack of overall responsibility for division operations. EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Supervises and plans work schedules; selects, trains and monitors work performance of assigned personnel; prepares initial draft of performance appraisals for personnel in assigned division.  Responds to citizens’ questions, concerns, complaints, and claims with the intent to provide reasonable and responsible corrective action.  Attends meetings, seminars, conventions, and trainings.  Schedules and conducts training and safety meetings for assigned personnel.  Supervises the operation, maintenance, repair, and replacement of the facilities and equipment in the Division.  Collects, organizes, and analyzes data; initiates and approves project expenditures; may authorize payment of departmental invoices and expenditures.  Performs a variety of operational tests and calculations, and adjusts operating equipment and methods to ensure compliance with local, State and Federal requirements.  Determines and recommends equipment, materials, staffing, safety needs, devices, and/or equipment for assigned operation, maintenance, and improvement projects.  Inspects and evaluates work in progress and upon completion.  Reads and interprets maps, diagrams, schematics, contracts, and work orders.  Troubleshoots and diagnoses problems and plans and implements efficient and effective solutions. Parks Facility Maintenance Supervisor Page 2 of 4 SJ - San Jose #4841-4871-8830 v1  Monitors and assists with the division’s budget by researching and making recommendations; determines and approves budget expenditures.  Prepares purchase orders; orders division’s supplies and materials; completes relevant department reports and maintains other work-related records as needed.  Operates and/or drives a variety of light and heavy equipment including, but not limited to, tractors, dump trucks, backhoes, forklifts, and bucket trucks.  Works in confined space environments such as vaults and pits; uses air monitoring equipment to detect unsuitable air quality.  Oversees or performs various activities, including painting and repair of both interior and exterior of City buildings.  Coordinates the use of equipment and procurement of materials for assigned jobs.  Plans review of upcoming city projects, works with city staff and contractors throughout the construction or remodel process of city facilities.  Oversees contractors performing work on city facilities.  Manages building management systems to operate and troubleshoot HVAC and lighting control systems.  Maintains heating, ventilation and air conditioning systems (HVAC).  Performs preventative maintenance on various building systems, including lighting, exterior coating, HVAC and solar systems.  Performs building repair and maintenance tasks, including general carpentry work, painting, concrete, welding, plumbing, and building electrical systems.  Repairs roofs and building exterior systems, including various siding and window systems.  May perform troubleshooting, maintenance, and repairs of chillers and boilers.  Provides timely and responsive corrective action to customer questions, concerns, complaints, and claims related to City buildings. In performing the duties described above, the incumbent is expected to:  Provide outstanding and friendly customer service.  Create and maintain a respectful and collaborative working environment.  Communicate honestly and behave in a manner that is ethical, legal and fiscally responsible.  Demonstrate care for the organization, customers, and coworkers.  Perform work of the highest quality possible.  Practice and encourage initiative and innovation to improve the workplace. QUALIFICATIONS Knowledge of:  Methods, equipment and materials used to maintain public facilities and infrastructure.  Types and levels of maintenance and repair functions performed in public works operations.  Materials and supplies needed for completion of public works projects.  Occupational hazards and standard safety precautions and practices.  Recordkeeping principles and procedures.  Principles and practices of budget development and administration.  Principles and practices of employee supervision, including work planning, assignment review and evaluation, discipline, and the training of staff in work procedures. Basic principles of organization and administration.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.  The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar. Parks Facility Maintenance Supervisor Page 3 of 4 SJ - San Jose #4841-4871-8830 v1  Modern equipment and communication tools used for business functions and program, project, and task coordination.  Computers and software programs to conduct, compile, and/or generate documentation. Ability to:  Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner.  Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.  Prepare and maintain records and reports with the use of computer programs.  Demonstrate and direct others to follow safe work practices.  Works in confined space environments such as vaults and pits; uses air monitoring equipment to detect unsuitable air quality.  Learn and implement new technology.  Operate a variety of equipment, vehicles, power and hand tools.  Implement innovative techniques in response to mechanical and electrical problems.  Prepare written correspondence including, but not limited to, reports, memos, and spreadsheets.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.  Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.  Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to completion of the twelfth (12th) grade and three (3) years of increasingly responsible experience in construction, maintenance, repair, and operations including one (1) year of lead experience. Licenses and Certifications:  Possession of a valid California driver’s license by date of appointment and a satisfactory driving record.  Possession of a Certified Pool Operator Certificate issued by the National Swimming Pool Foundation bywithin three (3) months of date of appointment.  Possession of Section 608 Technician Certification Type 2, 3 and/or Universal. Testing for certification must be administered by an EPA-approved certifying organization license by date of appointment.  Possession of Certificate of completion of Chillers: Operation & Maintenance of Chilled Water Systems training provided by National Technology Transfer, Inc. (also known as NTT Training), or equivalent.  Possession of Certificate of completion of Boilers: Technical & Operational training provided by National Technology Transfer, Inc. (also known as NTT Training), or equivalent. Parks Facility Maintenance Supervisor Page 4 of 4 SJ - San Jose #4841-4871-8830 v1 PHYSICAL DEMANDS Must possess mobility to work in the field; strength, stamina, and mobility to perform medium to heavy physical work, to work in confined spaces and around machines, to climb and descend ladders, to operate varied hand and power tools and construction equipment, and to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; smell to recognize and distinguish odors, and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above- mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 70 pounds or heavier weights with the use of proper equipment and assistance from other staff. ENVIRONMENTAL ELEMENTS Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. May be required to wear respiratory equipment. Employees may interact with members of the public or with staff under emotionally stressful conditions while interpreting and enforcing departmental policies and procedures. WORKING CONDITIONS May provide twenty-four-hour standby service. FLSA Status: Non-exempt Employee Unit: Service Employees’ International Union (SEIU), Local 1021 Approved By: Date Approved: