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2008/02/12 City Council Resolution 2008-21RESOLUTION NO. 2008-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AS AMENDED THE OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS AND SALARY ADJUSTMENTS FOR THE MANAGEMENT UNIT WHEREAS, on No 13, 2007, the City Council, by Resolution No. 2007 -191, approved the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Management Unit dated November 13, 2007, covering the period from November 13, 2007, through June 30, 2009 ( "Management Outline "); WHEREAS, the City Council wishes to amend Section 5.20, Retired, Deceased and/or Permanently and Totally Disabled Employees, to make certain provisions consistent with the other bargaining agreements; and WHEREAS, it is the City Council's intention that this amended Management Outline supersede all previously approved versions of same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Management Unit dated February 12, 2008, covering the period from November 13, 2007, through June 30, 2009, be hereby approved as amended and shall supersede all previously approved versions of same. DULY AND REGULARLY ADOPTED this 12th day of February, 2008. CITY OF ROHNERT PARK OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR THE MANAGEMENT UNIT FEBRUARY 12, 2008 EFFECTIVE NOVEMBER 13, 2007 - JUNE 30, 2009 TABLE OF CONTENTS HOURS, DAYS AND PERIOD OF WORK ....................................................... ..............................5 2. HOLIDAYS ............................................................................................................ ..............................6 2.1 Holidays Observed ....................................................................................... ..............................6 2.2 Proclaimed Holidays ..........................................................:......................... ..............................6 2.3 Day of Mourning ............................................................................................ ..............................6 2.4 Alternate Day Off ........................................................................................... ..............................6 3. VACATION ......... ............................... ........................ 7 3.1 Vacation Schedule ........................................................................................ ..............................7 3.2 Maximum Accrual ......................................................................................... ..............................7 3.3 Vacation Sellback ......................................................................................... ..............................7 3.4 Eligibility for New Hires ............................................................................... ..............................7 3.5 Vacation Benefit ............................................................................................ ..............................7 3.6 Vacation Schedule Based on Seniority ................................................... ..............................7 4. MILITARY TRAINING ........................................................................................ ............................... 7 5. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS .......... ............................... 8 5.1 Fringe Benefit Administration ................................................................... ..............................8 5.2 Administrative Leave ................................................................................... ..............................9 5.3 Sick Leave ....................................................................................................... ..............................9 5.4 Catastrophic Leave ...................................................................................... ..............................9 5.5 Hearing Aid Benefit ..................................................................................... .............................10 5.6 Paternity Leave ............................................................................................. .............................10 5.7 Family and Medical Leave :........................................................................ .............................10 5.8 Light or Limited Duty .................................................................................. .............................10 5.9 Americans with Disabilities Act ............................................................... .............................10 5.10 Employee Death ........................................................................................... .............................10 5.11 Medical and Health ...................................................................................... .............................10 5.12 Dental Coverage ........................................................................................... .............................11 5.13 Vision Coverage ........................................................................................... .............................11 5.14 Adoption Benefit .......................................................................................... .............................12 5.15 Death /Bereavement Leave ......................................................................... .............................12 5.16 Funeral Benefit ............................................................................................. .............................12 5.17 Long -Term Disability Insurance ............................................................... .............................13 5.18 Life Insurance ............................................................................................... .............................13 5.19 Deferred Income ........................................................................................... .............................13 5.20 Retired, Deceased and /or Permanently and Totally Disabled Employees .................13 5.21 Education and Training .............................................................................. .............................16 5.22 Longevity and Incentive Pay ..................................................................... .............................17 5.23 Retirement Programs .................................................................................. .............................18 5.24 401(a) Retirement Plan ............................................................................... .............................19 5.25 Dependent Care Assistance Program .................................................... .............................19 5.26 Health Care Tax -Free Dollar Account Program .................................... .............................19 5.27 Counseling Services ................................................................................... .............................19 OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page // 6. SAFETY EQUIPMENT ....................................................................................... .............................19 6.1 Replacement Equipment ............................................................................ .............................19 6.2 Personal Equipment .................................................................................... .............................20 6.3 Safety Glasses and UV Eye Protection (Sunglasses) ........................ .............................20 7. COMPENSATION ADJUSTMENTS ................................................................ .............................20 7.1 Total Compensation Survey ...................................................................... .............................20 7.2 Automobile Allowance ................................................................................ .............................21 7.3 Critical Incident Call Out Pay .................................................................... .............................21 7.4 Public Safety Vehicle Use .......................................................................... .............................21 7.5 Court Time Pay ............................................................................................. .............................21 7.6 Police and Fire Services ............................................................................ .............................22 7.7 Paychecks ...................................................................................................... .............................22 7.8 Fiscal /Budgetary Impacts .......................................................................... .............................22 8. ALCOHOL AND DRUGS ................................................................................... .............................23 8.1 Alcoholic Beverages or Other Drugs ...................................................... .............................23 8.2 Off Duty Hours .............................................................................................. .............................23 8.3 Prescription Drugs ...................................................................................... .............................23 9. SMOKING .......................................................................................................... ............................... 23 9.1 Non - smoking Pay Premium ...................................................................... .............................23 9.2 Non - smoking Status .................................................................................... .............................23 9.3 Condition of Employment .......................................................................... .............................24 9.4 Employees Hired After July 1, 1993 ........................................................ .............................24 10. RESIDENCY ...................................................................................................... ............................... 24 11. GRIEVANCE POLICY AND PROCEDURE .................................................... .............................24 12. USE OF CITY FACILITIES ................................................................................ .............................24 12.1 Use of Sports Center and Lap Swimming Program ............................ .............................24 12.2 Performing Arts Center .............................................................................. .............................25 13. MANAGEMENT RIGHTS ................................................................................ ............................... 25 14. WORK CURTAILMENT (NO STRIKE CLAUSE) ........................................ ............................... 25 15. TERM OF OUTLINE ........................................................................................... .............................25 15.1 Effective Date ................................................................................................ .............................25 15.2 Termination Date .......................................................................................... .............................25 16. INVALIDATION ................................................................................................. ............................... 26 16.1 Suspension of Agreement ......................................................................... .............................26 16.2 Replacement ................................................................................................. .............................26 OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page III 17. NON - DISCRIMINATION .................................................................................. ............................... 26 18. PERSONNEL FILES ........................................................................................ ............................... 26 19. EMPLOYEE PERFORMANCE EVALUATIONS ............................................ .............................26 APPENDIX A: ELIGIBLE EMPLOYEES RETIRING BY JUNE 30, 2008 ........ .........:..................... 28 OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page IV This Outline is a document that describes conditions of employment, fringe benefits and salary for employees in the Management Unit. The Management Unit currently consists of employees occupying the classifications of: Assistant City Manager City Clerk . Deputy City Engineer Director of Administrative Services Director of Community Development Director of Public Safety Director of Public Works /City Engineer Public Safety Commander Public Safety Lieutenant 1. Hours, Days and Period of Work Depending upon specific assignments, the primary workweek for management employees may be a 5/8 Schedule, a 4/10 Schedule or a 9/80 Schedule. The City Manager may also approve an alternative work schedule for a specific employee. The hours, days and period of work shall be as follows: (a) Regular Workday - The regular workday is eight (8), nine (9) or ten (10) hours of work as may be determined from time to time by mutual agreement of an employee and his /her supervisor. (b) Regular Days of work for the 5/8 Schedule - The regular workweek for employees assigned to the 5/8 schedule shall consist of five (5) days, Monday through Friday of eight (8) hours. As may be determined from time to time by mutual agreement of an employee and his /her supervisor, the employee assigned to the 5/8 Schedule may volunteer for a workweek other than defined in this section. (c) Regular Days of Work for the 4/10 Schedule - The regular workweek for employees assigned to the 4/10 Schedule shall consist of four (4) consecutive workdays of ten (10) hours followed by three (3) consecutive days off. As may be determined from time to time by mutual agreement of an employee and his /her supervisor, the employee assigned to the 4110 Schedule may volunteer for a workweek other than defined in this section. (d) Regular Days of Work for the 9/80 Schedule - The regular workweek for employees assigned to the 9/80 Schedule shall consist of four (4) consecutive workdays of nine (9) hours during one seven (7) day regular work period, followed by four (4) consecutive workdays of nine (9) hours plus one workday of eight (8) hours during the second seven (7) day regular work period. As may be determined from time to time by mutual agreement of an employee and his /her supervisor, the employee assigned to the 9/80 Schedule may volunteer for a work week other than defined in this section. (e) Regular Work Period - A Regular Work Period shall be the seven (7) day work period beginning at 12:01 a.m. on Monday and ending at 12 midnight on Sunday. OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 5 (f) In order to provide services to the community at all times during the day and week, the City will establish shifts. The City retains the authority to determine the regular start and end times and days of shifts and the authority to transfer an employee from one shift to another. 2. Holidays 2.1 Holidays Observed The holidays observed by the City will be: "New Years Day ", January 1, 2008 and January 1, 2009 The third Monday in January, "Martin Luther King, Jr. Day" January 21, 2008 and January 19, 2009 Friday proceeding "President's Day," February 15, 2008 and February 13, 2009 The third Monday in February, "President's Day," February 18, 2008 and February 16, 2009 The last Monday in May, "Memorial Day," May 26, 2008 and May 25, 2009 "Independence Day," July 4, 2007 and July 4, 2008 The first Monday in September, "Labor Day," September 3, 2007 and September 1, 2008 "State Admission Day," September 10, 2007 and September 9, 2008 The second Monday in October, "Columbus Day," October 8, 2007 and October 13, 2008 "Veteran's Day," November 12, 2007 and November 11, 2008 The fourth Thursday in November, "Thanksgiving Day," November 22, 2007 and November 27, 2008 Day after "Thanksgiving," November 23, 2007 and November 28, 2008 12:00 Noon to 5:00 p.m. on December 24, 2007 and December 24, 2008 "Christmas Day," December 25, 2007 and December 25, 2008 2.2 Proclaimed Holidays Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. 2.3 Day of Mourning Each day that the Governor declares a day of mourning or special observance as a holiday for State employees if the declaration makes it applicable to City employees. 2.4 Alternate Day Off At the discretion of the Director of Public Safety, holiday pay may be authorized for Public Safety Lieutenants and Commanders who are directed to work on any holiday observed by the City. Holiday Pay may be approved in lieu of granting the employee an alternate day off. Holiday Pay is calculated on a straight time basis. OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 6 3. Vacation 3.1 Vacation Schedule Vacation schedule shall be as follows: Years of Service Monthly Vacation Rate Annual Vacation (Inclusive) Hours 1 to 10 years 12.500 hours 150 11 to 15 years 15.333 hours 184 16+ years 18.667 hours 224 3.2 Maximum Accrual (a) Vacation may be accumulated to a maximum of four hundred (400) hours. 3.3 Vacation Sellback Once per calendar year, employees shall have the option to sell back to the City up to one -half of the employee's maximum, annual accrual 'of vacation time. Requests for vacation sell back must be submitted on or before November 15. The rate of the sell back shall be the employee's current and regular salary on the day the sell back request is approved. The sell back shall occur during a pay period that is no more than 30 days from the day the sell back request is approved. To qualify for vacation sell back, employees must have accrued at least eighty (80) hours of vacation time as of the day the sell back request is approved and must have used a minimum of eighty (80) hours of vacation time within the twelve (12) months prior to the day the sell back request is approved. 3.4 Eligibility for New Hires Employees must work a minimum of six (6) months before any, vacation earned will be credited to said employee. 3.5 Vacation Benefit Vacation benefits shall be earned and accrued to employees who are actively working or are taking paid leave due to an approved City program or benefit. Vacation benefits do not accrue to employees on absences from work for over ninety (90) consecutive days whereas the employees become eligible for the City's long -term disability program for either industrial or non - industrial injury or sickness. 3.6 Vacation Schedule Based on Seniority Preference for vacation scheduling will be on the basis of seniority within classification. 4. Military Training The City grants military leave to all employees for service in a uniformed service in accord with Federal law, the Military and Veterans' Code of California and City Resolution No. 2003 -71. The employee must notify his /her supervisor of upcoming military duty as soon as he /she becomes aware of his /her obligation. An eligible employee pursuant to the Military and Veterans Code who is ordered OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 7 to active military duty or training shall receive compensation in accordance with Section 395.01 of the California Military and Veterans Code. In addition, the employee shall have continued benefits as provided by Federal and State law. In such cases, the employee shall submit his /her military earning statement to the Human Resources Department to assist in calculating the employee's salary. In no event, will the employee be compensated in excess of his /her normal City salary. Employees will receive any merit and /or general salary increases for which they become eligible during military leave. 5. Fringe Benefits, Other Than Vacation and Holidays 5.1 Fringe Benefit Administration Fringe Benefit Administration - City reserves the right to select the insurance carrier(s) or to self- administer any of the fringe benefit programs provided during the term of this outline. In the event that any offered health plan is no longer offered, the City agrees to provide a suitable replacement health plan that is substantially comparable. All benefits provided under this section (Section 5) are subject to the characteristics of each individual benefit program. The value or availability of the benefits provided in this Outline as originally worded or as amended from time to time may depend on their tax treatment by the State or Federal government or the decisions of other government agencies or departments, such as, but not limited to, the California Public Employees' Retirement System (CaIPERS). The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Outline are limited to the direct cost of providing the salary and benefits as described in this Outline. 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 Outline, due for an employee out on an authorized leave while an employee is being compensated by vacation accrued time, compensatory time, industrial sick leave time and /or non - industrial sick leave time. (b) Employee may continue benefits during an authorized leave without pay for the period of the authorized leave by making payment to the City for said benefits. (c) If there is any inconsistency between this section and the Personnel Rules and Regulations, the Personnel Rules and Regulations shall govern. OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 8 5.2 Administrative Leave In calendar year 2008, the employees in the management unit shall receive up to one - hundred sixty -five (165) hours of Administrative Leave per calendar year. In calendar year 2009, the employees in the management unit shall receive up to one - hundred fifty (150) hours of Administrative Leave per calendar year. Any unused Administrative Leave hours on a calendar -year basis shall not be carried over. Use of Administrative Leave is unrestricted. Up to one - hundred (100) hours of earned, but not taken, Administrative Leave may be paid in cash or its equivalent value applied towards an approved benefit program. Requests for pay of this leave shall be submitted to tie City Manager. Employees are limited to one request per calendar year. Requests must be submitted on or before November 15. Payment shall be made no more than 30 days subsequent of the approval of the request by the City Manager. 5.3 Sick Leave (a) Sick leave benefits for regular employees hired before July 1, 1993 shall be as provided in the City's most current "Disability Wage Plan ", a copy of which is attached hereto. Each employee covered by this Outline shall be provided a copy of the aforementioned "Disability Wage Plan." (b) For regular employees hired after July 1, 1993, the following sick leave program will be provided: Sick Leave Accumulation Hours Earned Monthly Hours Earned Annually Maximum Hours of Accumulation 10 120 1,200 (c) Any employee hired before July 1, 1993 may voluntarily elect to participate in the sick leave program as provided in Section 4.3 (b) above with the following conditions: 1. That employee may convert only any unused full -time sick leave balance from the Disability Wage Plan Sick leave Program as provided in Section 4.3 (a) above. Employees may convert up to a maximum of 1,200 hours. Any unused half -pay benefits will be forfeited and not subject to conversion under this section. 2. Once an employee voluntarily leave program, he /she shall privileges. elects to participate in this sick remain in same with no return 5.4 Catastrophic Leave Leave benefits shall be provided as outlined in City Council Resolution No. 2001 -270, adopted December 11, 2001. OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 9 5.5 Hearing Aid Benefit That the City shall reimburse employees up to eighty percent (80 %) with a lifetime maximum of nine hundred dollars ($900) for hearing aid devices. 5.6 Paternity Leave Regular employees may use up to three (3) days accrued sick leave for paternity leave, following the birth of a child. 5.7 Family and Medical Leave Employees may request an unpaid leave of absence under the California Family Rights Act (CFRA) and /or the Federal Family Medical Leave Act (FMLA). Requests for family and medical leave shall comply with the requirements of the CFRA and /or the FMLA. 5.8 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. They may be assigned duties that differ from the normal work duties of the employee. Such light, limited, or modified duty shall terminate when the employee is physically able to perform all his /her normal work duties. By virtue of this paragraph, City does not intend to create any permanent light, limited or modified positions. 5.9 Americans with Disabilities Act The City recognizes it has an obligation under law to comply with the Americans with Disabilities Act (ADA). 5.10 Employee Death Upon death of an employee, any unused vacation 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. 5.11 Medical and Health Employees will have a choice of Kaiser Foundation Health Plan, Inc., California North Region (S Coverage); or Blue Cross Prudent Buyer Plan or any other appropriate health plan offered by the City. (a) Effective December 1, 2007 the City agrees to contribute towards medical insurance premiums an amount equal to 85% of the lowest cost plan at the employee's enrollment level. High Deductible Health Plans (HDHP) with Health Savings Accounts (HSA) shall not be used as the lowest cost plan. Effective July 1, 2008, the City agrees to contribute towards medical insurance premiums an amount equal to 80% of the lowest cost plan at the employee's enrollment level. (b) As a result of any Federal or State law enacted subsequent to the effective date of this Outline, City shall make an effort to maintain the level of benefits as provided for in this Outline. OUTLINE - Management ❑ November 93, 2007 through June 30, 2009 Page 10 (c) Alternate Benefit Eligible employees may receive an alternate benefit of $350.00 per month when having health insurance from a source other than the City. This benefit shall be provided as outlined in City Council Resolution No. 2007- 178, adopted October 23, 2007. 5.12 Dental Coverage The City shall provide, at no premium cost to employees, dental service coverage for employees, spouses, domestic partners, and dependents. The plan offered by the City shall be the Delta Dental Preferred Option, which for the most part, but with some exceptions, provides the following City coverage: (a) One hundred percent (100 %) of the cost of diagnostic and preventative care. (b) One hundred percent (100 %) of the cost of basic dental services. (c) One hundred percent (100 %) of the cost of crowns and restorations (including implants). (d) One hundred percent (100 %) of the cost of prosthodontics. (e) Two thousand dollars ($2,000) maximum benefit for dental services per person per year. (f) One hundred (100 %) of the cost of orthodontics with a three thousand five hundred dollar ($3,500) lifetime maximum benefit per person. Dental service coverage shall be based upon the Delta Dental rates and services provided by Delta Dental providers. The City will pay any co- payment required as a result of services provided under City dental program by a Delta Dental provider. 5.13 Vision Coverage The City will provide, at no premium cost to employees, the 12/12/12 Vision Service Plan with supplemental coverages for the employee, employee's spouse, domestic partner, and dependents as generally follows: (a) A vision exam every twelve (12) months. (b) Prescription glasses consisting of lenses and frames every twelve (12). months. Lenses include single vision, lined bifocal, lined trifocal, tints and photochromic lenses. Frames of the employee's choice will be provided up to a maximum of one hundred and twenty dollars ($120). Employee will receive a twenty percent (20 %) discount on any out -of- pocket costs incurred for frames. (c) In lieu of glasses, contacts with an allowance of one hundred and five dollars ($105). The allowance applies to the cost of contact lenses and" OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 11 the fitting and evaluation exam. The exam is in addition to the vision exam. (d) A second pair of prescription glasses or contact lenses every twelve (12) months subject to a twenty dollar ($20) copay. . (e) Contact lenses, in addition to glasses, every twelve (12) months subject to a fifty - dollar ($50) copay. One day disposable contacts are covered up to a four hundred dollar ($400) maximum allowance. (f) Primary Eye Care with urgent or non - surgical eye care benefits subject to a five - dollar ($5) copay per office vision. Examples of primary eye care include, but are not limited to, exams to diagnose pain in the eye, exams to monitor the progress of pre - surgical cataracts, diagnosis and tests for loss of vision, and treatment and management of glaucoma. (g) Laser surgery discount (PRK, Lasix/Custom Lasik). 5.14 Adoption Benefit That the City provide a six hundred dollar ($600) per child cash benefit to employees adopting minor children to help offset the cost of adoptions. This cash benefit does not include the cost of adopting step - children, i.e. children of present spouse. 5.15 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, grandparent -in -law, grandchildren and relationships in loco- parentis, and close personal relationships, with the approval of the City Manager or his /her designee. (d) It is understood that the City's most current "Disability Wage Plan," a copy of which is attached hereto, shall be amended to reflect the changes as outlined in this Outline. 5.16 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. OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 12 5.17 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 %). 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. 5.18 Life Insurance (a) The City will provide, at no premium cost to employees, one hundred thousand dollars ($100,000) life insurance coverage provided to employees and five thousand dollars ($5,000) for dependents, and which coverage includes accidental death and dismemberment benefits. (b) The City will allow, subject to the insurance carrier's approval, any employee to purchase, at his or her own cost additional life insurance coverage under the City's group program. 5.19 Deferred Income The City will continue to make available to the employees a deferred income program, now being administered by Nationwide and International City Management Association (ICMA) or a similar program with another institution acceptable to City. 5.20 Retired, Deceased and /or Permanently and Totally Disabled Employees The City agrees to provide /offer and pay the appropriate premium(s), as specified in the applicable section(s) of this agreement, for City offered /provided medical insurance, life insurance, dental program, and vision care benefits only to the following: (a) To regular full -time and regular part -time employees who have at least ten (10) years of continuous service with the City and who retire upon reaching retirement age or thereafter and are receiving a retirement allowance from CalPERS. Coverage will extend to eligible dependents. Said employees shall be referred to as "Retired Employees." (b) To regular full -time or regular part -time employees who: 1. Have at least ten (10) years of continuous service with the City, and; 2. Are retired forthwith from the City of Rohnert Park service into CalPERS at the time of permanent or total disability, and; 3. Are permanently and totally disabled from their occupation and unable to perform with reasonable continuity the material duties of their own occupation. After twenty -four (24) months if gainful employment is obtained in an occupation in which the material duties are reasonably fitted by OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 13 education, training, experience and compensation to the occupation at the time of disability, the employee shall no longer be considered permanently and totally disabled from their occupation. In such circumstances, benefits shall be discontinued. 4. Said employees shall be referred to as "Retired Employees" except for the circumstance noted above in which the employee is no longer permanently and total disabled. Coverage will extend to eligible spouse, domestic partner, and dependents. (c) To the surviving spouse, domestic partner, and legal dependents of a regular full -time or regular part -time employee who died while a City employee after ten (10) or more years of continuous service with the City. Said employee shall be referred to as a "Deceased Employee." (d) Benefits provided under this section shall be coordinated with Medi -Care, Medi -Cal, and any other welfare program available of which said benefit coverage shall be considered primary and City provided coverage in turn considered secondary. (e) All benefits provided under this section are subject to the characteristics of each individual benefit program. The life insurance to be provided will be the life insurance plan amount in effect and in accordance with the provisions of the life insurance program as of the date of employee's retirement. (f) The benefits provided under this section will continue for such retired employees and their spouse, domestic partner, and legal dependents, if any, while said retired employee is alive. In the event of the retired employee's death, coverage will continue for the spouse or domestic partners until the spouse or domestic partner dies or remarries. In addition, the benefits provided under this section will continue for said retired or deceased employee's legal dependent children who qualify as an Internal Revenue Service dependent until said children reach the age of twenty -three (23) or the spouse or domestic partner marries, whichever occurs earliest. (g) For regular City employees hired before July 1, 1993, City agrees to pay the highest level of benefit provided for active employees for City provided /offered medical insurance; life insurance, dental program, and vision care benefits only for retired City employees and their spouse /domestic partner or one dependent. (h) For regular City employees hired between July 1, 1993 and June 30, 2007 the City agrees to pay towards premium cost(s) for City provided /offered medical insurance, life insurance, dental program, and vision care benefits only for retired City employees and their spouse /domestic partner or one dependent as follows: Employees with less than 15 consecutive years of service with the City receive no medical benefits at retirement. OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 14 Employees with at least 15 years but less than 20 consecutive years of service with the City are eligible for 50% of the amount received by active employees for the selected plan. (For example, if the health plan cost is $1,000 and the active employee is eligible for a City share of 80 %, or $800, the retiree is eligible for a City share of 50% of the 80 %, or $400). Employees with at least 20 years but less than 25 consecutive years of service with the City are eligible for 75% of the amount received by active employees for the selected plan. Employees with 25 or more consecutive years of service with the City are eligible for 100% of the amount received by active employees for the selected plan. Calculation of premium will be prorated for permanent part-time employees. Employees must retire concurrent with termination of service with the City to be eligible for this benefit (no vesting). The City's share of the premium costs for all retirement benefits as described herein shall not exceed employee plus one dependent, and shall not include payment of Medicare B premiums. All active regular employees will be provided with an opportunity to "opt out" of the retiree defined benefit program by June 30, 2008 and in lieu of all other City retiree medical programs move to the defined contribution program, as defined in (i) below. The contribution will begin the month following an employee's election to opt out, i.e. on a prospective basis only. An employee's election to opt out shall be irrevocable. Employees opting out will receive $75.00 per month while in paid status, pro -rated accordingly for part-time employees. The contribution shall begin in the first full calendar month following the date of one's election to opt out. (i) Regular City employees hired following the adoption of this MOA by the City Council shall be eligible for the benefits described below (in lieu of the benefits described in (g) and (h) above): The City will contribute $75.00 per month for active employees in paid status to a Retiree Health Savings Account (RHSA). The City's. contribution to an employee's RHSA shall be considered vested as to an employee terminating City employment with ten (10) or more consecutive years of City service. Calculation of contribution will be prorated for permanent part-time employees. (j) Employees eligible to retire on or before June 30, 2008 shall be eligible to retire under the retiree medical benefits they were vested under as of OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 15 November 30, 2007, as described in Appendix A. The purpose of this section is to allow employees an adequate period of time to make retirement decisions and to provide for a measured transition of the City's workforce. Prior to retirement, the employee will receive the same health benefits as active employees. (k) Current employees who, as of November 30, 2007 have ten or more years of full -time service with the City, but do not take advantage of the "grace period" as described above, may elect at the time of retirement in lieu of retirement medical benefits a $25,000 trust, held by the City, that may be accessed on a reimbursement basis for monthly medical premiums. Monthly medical premiums shall not exceed the dollar value of the premium had the employee elected to retire under the City's retiree medical. This provision shall expire June 30, 2009. (1) Employees retiring during the term of this Agreement may elect cash -in- lieu of the retiree medical. The monthly amount the retiree is eligible for shall not exceed the dollar value of the retiree medical plan to which they would be entitled, and in no event shall exceed $350.00 per month. This provision shall expire June 30, 2009. (m) Continuous City service is defined as being continuous regular full -time or regular part-time City employment only for calculating length of continuous service under this section. 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 or unpaid leaves do not constitute separation from City service for the purpose of this section. (n) Any retired employee who, after retirement from the City, becomes employed elsewhere and is covered by medical, life insurance, health, 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. (o) Any spouse or domestic partner of a deceased employee or deceased retired employee who is receiving benefit coverage as provided under this section, becomes employed and is covered by medical, health, dental or vision care benefits by his /her employer, said coverage provided by City will be considered secondary to the coverage provided by the spouse's or domestic partner's employer, and his /her employer's coverage shall be considered primary. 5.21 Education and Training The City desires to encourage employees to advance their education and training. The City will provide an education and training assistance program to provide reimbursement to employees for tuition and book costs only for OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 16 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 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. For general guidance, acceptable courses will be those courses which are necessary to receive a Bachelor, Master, Doctorate degree or that apply to the receipt of a professional certification. 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 ($3,600) per calendar year. The maximum reimbursable amount and the total reimbursable amount are based on tuition at Sonoma State University. The City will revisit these amounts if tuition costs at Sonoma State University increase. The City acknowledges that the work schedule of its Management Employees may require the participation in a "working professionals" program such as the program offered locally by the University of San Francisco. The tuition costs of working professionals programs are substantial higher than SRJC and SSU. To encourage the continuing education of employees, the City will allow the employee to submit an annual reimbursement of their tuition /books /materials costs while they remain employed. See example below: Tuition of Master of Public Administration Program = $7,200 Year One reimbursement = $3,600, Employee remaining debt = $3,600 Year Two reimbursement = $3,600, Employee remaining debt = 0 The updated reimbursement provision is intended to apply for tuition related costs on.or after January 1, 2008. The reimbursement benefit is available to. employees throughout the term of this outline, but it does not obligate the City to tuition expenses beyond the expiration on the terms of this agreement. 5.22 Longevity and Incentive Pay (a) The City shall provide longevity pay to employees based on continuous years of service, as defined in Section 5.20 (k) as follows: Completed Years of Service Pay Percentage Increases 5 years 2% For each year completed thereafter '/2% The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay. The "completed years of service" will be determined on January 1St and July 1St only and not on an employee's employment anniversary date. Longevity Pay Program as outlined in Section 5.22 shall not apply to personnel hired after October 10, 1995. OUTLINE- Management 11 November 13, 2007 through June 30, 2009 Page 17 (b) The City will provide a P.O.S.T. Certification Stipend to Commanders and Lieutenants based upon receipt of a Supervisory or Management P.O.S.T. Certification. The City will provide a P.O.S.T. Certification Stipend to the Director of Public Safety based upon receipt of an Executive P.O.S.T. Certification. The amount of the Supervisory P.O.S.T. Certification Stipend will be seven percent (7 %) of base salary per month effective July 1, 2007. The amount of the Management P.O.S.T. Certification Stipend will be eight and one half percent (8.5 %) of base salary per month effective July 1, 2007. The amount of the Executive P.O.S.T. Certification Stipend will be ten percent (10 %) of base salary per month effective July 1, 2007. The Stipend payments provided above are not cumulative. Only one of the three P.O.S.T. Certification Stipends will be paid per employee. 5.23 Retirement Programs (a) Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) two and seven tenths percent (2.7 %) at fifty -five (55) retirement program to miscellaneous member employees (b) Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) three percent (3.0 %) at fifty (50) retirement program to local safety member employees (c) The City will continue to provide the "one -year highest compensation" optional provision in its contract with CaIPERS. (d) The City will absorb any employer contribution rate increases for miscellaneous and local safety members required by CaIPERS. ,Miscellaneous employees will contribute one percent (1 %) of the employer's contribution. (e) The City will modify the CaIPERS 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) The City pays eight percent (8 %) of the employee's contribution into CaIPERS for all miscellaneous members of the management unit as indicated in Section 5.23 of this outline. The City pays nine percent (9 %) of the employee's contribution into CaIPERS for all local safety members of the management unit as indicated in Section 5.23 of this outline. The City shall report eight percent (8 %) of the Employer Paid Member Contributions (EPMC) to CaIPERS as additional compensation for all miscellaneous members of the management unit. OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 18 The City shall report nine percent (9 %) of the EPMC to CalPERS as additional compensation for all local safety members of the management unit. The City will report the value of the EPMC in accordance with all applicable provisions of the Government Code, law and requirements of the CalPERS. The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies either presently or in the future. The City's obligation under this section is limited to the direct cost of providing the benefit as described. The City shall assume no further or additional financial obligation even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. 5.24 401(a) Retirement Plan If eligible under guidelines, members of the management unit may participate in the City's 401(a) retirement plan. . 5.25 , Dependent Care Assistance Program City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for childcare as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 5.26 Health Care Tax -Free Dollar Account Program City will continue to provide the Health Care Tax -Free Dollar Account Program as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed medical expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 5.27 Counseling Services Payment by the City of any unreimbursed costs, up to a maximum City reimbursement of one thousand dollars ($1,000) per household per calendar year, for professional counseling service charges which are not paid for by City - provided or other insurance which the employee may have. Services not covered by City - provided health insurance programs with a maximum calendar year benefit of one thousand dollars ($1,000) per calendar year per household. 6. Safety Equipment 6.1 Replacement Equipment City will continue to furnish Public Safety Officers with replacement equipment as needed for the equipment that the City is required to furnish per the Government Code. Said equipment consists of department- issued weapons, holster, belt and ammunition, nightstick, handcuffs, safety vests, raincoats and rain boots. Equipment furnished by City shall remain the property of City with the exception of any personal purchases made by present officers. OUTLINE- Management ❑ November 13, 2007 through June, 30, 2009 Page 19 6.2 Personal Equipment City shall replace, with the Director of Public Safety's approval, any personal equipment lost, destroyed or damaged beyond repair while used in the line of duty. Items shall not be replaced if worn because of normal wear and tear. 6.3 Safety Glasses and UV Eye Protection (Sunglasses) City will reimburse for primary prescription safety glasses to those employees required by City to wear them. Such employees will not be entitled to receive a first set of glasses under the general vision care program referred to in Section 6.12 but may utilize the general vision care program for subsequent pair(s) of glasses, within the terms of the program. City will reimburse for sunglasses providing UV protection, not to exceed one hundred and fifty dollars ($150) per employee per year, for use by Public Safety Lieutenants, Commanders, and Director authorized to operate Public Safety vehicles." 7. Compensation Adjustments 7.1 Total Compensation Survey To ensure that it can recruit and retain managers, the City desires to offer competitive total compensation packages to members of the management unit. For every position in the management unit, no later than March 1, 2008, the City shall complete a survey of total compensation for comparable positions in comparable agencies. Total compensation is defined to be the cost to the City to provide salary, health benefits, and contributions to the California Public Retirement System (i.e., equivalent of employer payment of 7% or 8% Miscellaneous Employee Contribution and 9% Safety Employee Contribution). Comparable agencies are the County of Sonoma and the Cities of Fairfield, Napa, Novato, Petaluma, Santa Rosa, and Windsor. For each position in the management unit, the City shall identify a comparable position in each of the comparable agencies. Elected officials with executive responsibilities will not be included as a comparable position (e.g., Sheriff, Auditor - Controller, Clerk - Assessor, etc.). The City reserves the right to modify the list of comparable agencies for one or more positions in the management unit if a comparable position does not exist in one of the comparable agencies enumerated in Section 6 of this outline. The City Manager or designee shall confer with each member of the management unit about the results of the total compensation survey for that member's position. If the total compensation of position is below the mean of the total compensation survey, the City Manager will make recommendations for salary adjustments based on the following schedule: OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 20 Range Below Mean of Total Salary Adjustment Compensation Survey 0 -5% No adjustment 6 -10% 4% increase in salary for FY 07 -08; 3% for FY 08 -09 11 -15% 6% increase in salary for FY 07 -08; 5% for FY 08 -09 16 +% Position /classification to be Reevaluated In Fiscal Year 2007 -08, for those positions whose survey has not been completed, adjustments to salary shall be made retroactive to December 1, 2007. In Fiscal Year 08 -09, adjustments to salary shall take effect on July 1, 2008. 7.2 Automobile Allowance Effective December 1, 2007, miscellaneous members of the management unit shall receive an automobile allowance in the amount of $322.30. On July 1 of each year, the automobile allowance shall be adjusted by an amount to be determined by the Bay Area All Urban Workers Consumer Price Index (CPI). The amount of the adjustment will be based upon the change in the CPI from April of the year prior to April of the current year. 7.3 Critical Incident Call Out Pay For those Public Safety Lieutenants who are called out for critical incidents, they shall be entitled to time and one -half with a minimum of three (3) hours. Critical incidents are defined as events that occur very infrequently and would include incidents such as a major structure fire or a police homicide event. The overtime must be approved by the Director of Public Safety. The overtime provision will generally include call -out for the Lieutenants on days other than during their regular days of work as- may be determined from time to time by mutual agreement of an employee and his /her supervisor. The call back would not include routine fire call -out or other police assignments normally expected of Lieutenants in the normal course of their assignments. This extra time spent on City business is compensated by the administrative hours provided each year. 7.4 Public Safety Vehicle Use In 1981 the City initiated a "Personalized Vehicle Program" in the Department of Public Safety. The City can, at any time and at its sole discretion, determine the rules and regulations to be imposed as part of the program and /or terminate it at any time. The "Personalized Vehicle Program" shall not be considered or construed as a fringe benefit at the present time or at any time in the future. 7.5 Court Time Pay Department of Public Safety employees shall receive the equivalent of three (3) hours pay if required to testify in court on off -duty time. OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 21 7.6 Police and Fire Services (a) Public Safety Commanders and Lieutenants may volunteer to work police and fire service shifts. The Director of Public Safety, in his /her sole discretion and only if he /she deems it necessary, may approve the use of Public Safety Commanders and Lieutenants to work police and fire services shifts under the following terms and conditions- 1 . Commanders and Lieutenants are paid at the. standard pay of a Lieutenant during the time they work shifts in the police and fire services. 2. All time worked, and payment for time worked, shall be pre- approved by the Director of Public Safety or his /her designee. 3. The work by Commanders and Lieutenants in the fire services shall not interfere or conflict with the regular work of the Lieutenant as determined by the Director of Public Safety. 4. The Director of Public Safety may assign Commanders and Lieutenants to work patrol, as operationally necessary. The use of Commanders and Lieutenants for patrol shifts is intended to assist the Department of Public Safety with supervisory level position during staffing shortages caused by personnel shortages due to staffing vacancies, illness, training requirements, vacation. 5. The Commanders and Lieutenants receipt of pay for time so worked does not defeat or otherwise affect their exempt status under the Fair Labor Standards Act. (b) Public Safety Commanders and Lieutenants who are qualified and assigned as Fire Captain and who are regularly assigned and employed in the performance of the duties of a Fire Captain shall receive a stipend of five percent (5 %) of base salary per month. The City at its sole discretion shall determine the number of Fire Captains to be assigned. Each qualified Fire Captain must continue to participate in ongoing and regular fire training courses and exercises. (c) The Director of Public Safety may from time -to -time designate one or more Chief Fire Officers., Prior to being designated a Chief Fire Officer, the employee shall have successfully completed upper level Fire Command Courses 2A and 213 or have at least five (5) years experience as a Fire Battalion Chief. The employee designated as a Chief Fire Officer will receive a stipend of seven percent (7 %) of base pay. (d) The Stipend payments described above in paragraphs (b) and (c) are not cumulative. Only one of the two Fire Stipends will be paid per employee. 7.7 Paychecks Paychecks shall be distributed by City to employees by noon on payday. 7.8 Fiscal /Budgetary Impacts If the State of California fiscal crisis continues and substantial funds are extracted from the City or sales tax revenues or other major revenue sources decline to a point where the City must consider a reduction in staffing, City may re -open this Outline to address salary issues. OUTLINE - Management ❑ November 13, 2007 through June 30, 2009 Page 22 8. Alcohol and Drugs The City agrees to continue to work together to assist any employees who have an alcohol, alcohol related, drug or substance abuse problem. It is mutually acknowledged that continued cooperative efforts would give employees a much better opportunity to recover from this very serious health problem. Since certain City employees are required to drive City vehicles, to think clearly and act responsibly as well as use various types of equipment, and it is known that drinking alcoholic beverages or taking certain drugs may slow a person's reflexes and ability to think clearly. The probability of having an accident is increased after drinking alcohol or taking certain drugs. The City recognizes that this situation could place the employee as well as co- workers and the public at risk of injury. 8.1 Alcoholic Beverages or Other Drugs Alcoholic beverages, or other drugs which affect an employee's ability to drive or function safely, shall not be used by employees during their assigned regular workday, nor while on assigned standby duty. 8.2 Off Duty Hours If an employee who has been drinking alcohol or using a drug which may impair the employee's ability to drive or function safely receives a call to return to work during off duty hours, the employee must decline the request to work. 8.3 Prescription Drugs Employees using prescription drugs that affect the employee's ability to work safely must inform their supervisor and may be assigned to other appropriate duties or required to take sick leave. 9. Smoking 9.1 Non- smoking Pay Premium In recognition of the nation -wide concern with use of tobacco and the relationship it has to disease, City agrees to continue to provide a twenty -five dollar ($25) pay premium to employees hired before July 1, 1993 and who refrain completely from the use of tobacco in any form. Any employee receiving the pay, premium for not using tobacco and who starts using tobacco, shall rebate to City all paid non - smoking premium paid by the City to said employee during the immediate twelve (12) months preceding. 9.2 Non - smoking Status Employees hired with a condition that they not smoke shall be required to remain non- smokers throughout their employment. A non- smoker shall not smoke or use any tobacco product either on or off -duty while employed. An affidavit signed on a periodic basis by employee shall be used to verify continued non- smoking status. OUTLINE- Management 0 November 13, 2007 through June 30, 2009 Page 23 9.3 Condition of Employment The City intends to hire new employees with the clearly expressed condition of employment that they refrain from smoking. The City acknowledges its right to take appropriate disciplinary actions should any such employee hired after the effective date of this Outline violate the, agreed upon conditions of employment. Prior to final disciplinary action being taken, City will refer the employee to the employee assistance program for consultation and referral. 9.4 Employees Hired After July 1, 1993 The City acknowledges that due to its commitment to hiring employees with the clearly expressed condition of employment that they refrain from smoking, that employees hired after July 1, 1993 shall not receive a twenty five dollar ($25) pay premium for not smoking. 10. Residency 10.1 All employees are encouraged to reside within the City. All employees in the Management Unit, with the exception of sworn Public Safety personnel including Lieutenant, P.S. Division Commander, and Director of Public Safety, shall receive a $60 per month Residency Stipend if they reside within the City. At the discretion of the City Manager, said Residency Stipend may be increased to no more than $65 per month at any time during the term of this Outline. 10.2 All sworn Public Safety management personnel, i.e. Lieutenant, P.S. Division Commander, and Director of Public Safety, shall receive a $150 per month "In- district' Stipend if they physically reside within the incorporated areas of Windsor, Santa Rosa, Rohnert Park, Cotati, Petaluma or Sebastopol or reside within the unincorporated areas that are within 10 driving miles per MapQuest from any one of the Rohnert Park Public ,Safety stations. The Director of Public Safety will determine eligibility for the "In- district" Stipend effective April 1, 2006. Eligibility for the "in- district" Stipend for the position of Director of Public Safety will be determined by the City Manager. The "In- district" Stipend shall terminate on June 30, 2009, unless reauthorized by the City Council. If it is not reauthorized, then the affected Management employees would receive the "Residency" Stipend amount approved for members of the Management Unit. 11. Grievance Policy and Procedure City will comply with the grievance procedure as outlined in Resolution No. 79- 22, adopted February 13, 1979, a copy of which is attached hereto. Failure to meet any time line or specifically comply with any other requirement of the grievance procedure constitutes a specific waiver and is a bar to further consideration of the grievance. 12. Use of City Facilities 12.1 Use of Sports Center and Lap Swimming Program Employees and their spouse, domestic partner, and eligible dependents (as defined both by City eligible dependent policy and Sports Center policy), will be allowed to participate with no fee imposed in open gym time and use the OUTLINE- Management 11 November 13, 2007 through June 30, 2009 Page 24 weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center by spouse, domestic partner and dependents of employees adversely impacts the public's access to the Sports Center facilities, the parties will re -open this Section 10. 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. 12.2 Performing Arts Center City agrees to provide each employee with two tickets to a Performing Arts Center performance during each fiscal year (July to June) at no charge to the employee. The City will provide employees with a choice of at least four (4) dates. 13. Management Rights Except as limited in this Outline and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery and for set standards of service to be offered to the public; and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this Outline; 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 layoff its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. 14. Work Curtailment (No Strike Clause) Under no circumstances shall any employee individually or collectively cause, sanction, honor or engage in any strike, sit -down, stay -in, sick -out, slow -down, speed -up, work to rule or any other type of job action, curtailment of work, restriction of production or restriction of service during the term of this Outline. 15. Term of Outline 15.1 Effective Date This Outline is to become effective on November 13, 2007. 15.2 Termination Date This Outline will terminate on June 30, 2009. OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 25 16. Invalidation 16.1 Suspension of Agreement If during the term of this Outline, any item or portion thereof of this Outline 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 Outline 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 Outline shall not invalidate any remaining portion that shall continue in full force and effect. 16.2 Replacement In the event of suspension or invalidation of any article or section of this Outline, City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 17. Non- Discrimination City acknowledges that in receiving the benefits afforded by this Outline, no person shall in any way be favored or discriminated against to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability. 18. Personnel Files Employees or their duly authorized representative have the right to inspect his or her personnel file maintained on him or her by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of their personnel file. 19. Employee Performance Evaluations Employees have the right to respond in writing to the evaluation report should they so desire. Said responses should be submitted to the reviewer no later than thirty days after the evaluation interview. OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 26 Incorporated by Reference. The following are incorporated in this agreement by reference: City Council Resolution No. 79 -22, adopted February 13, 1979 - Grievance Policy and Procedure City's most current "Disability Wage Plan" as updated by City Council Resolution No. 92 -174, adopted October 27, 1992 City Council Resolution No. 2007 -178, adopted October 23, 2007 - Alternate Benefit City Council Resolution No. 97 -201, adopted November 1, 1997 — CalPERS Employer Paid Member Contributions City Council Resolution No. 2001 -270, adopted December 11, 2001 - Catastrophic Leave City's Personnel Rules & Regulations OUTLINE- Management 0 November 13, 2007 through June 30, 2009 Page 27 APPENDIX A: Eligible Employees Retiring By June 30, 2008 The purpose of this Appendix is to describe the retiree health benefits for current City employees who elect to retire on or before June 30, 2008. Current employees who are eligible for retiree health benefits based on City service completed prior to November 30, 2007 and who elect to retire on or before June 30, 2008 shall be eligible for the level of retiree health benefits as follows: • For regular City employees hired before July 1, 1993, City agrees to pay the entire appropriate premium cost(s) for City provided /offered medical insurance; life insurance, dental program, and vision care benefits only for retired City employees and their spouse, domestic partner, and eligible dependents as defined in the Memorandum of Agreement. For regular City employees hired after July 1, 1993 City agrees to pay towards premium cost(s) for City provided /offered medical insurance, life insurance, dental program, and vision care benefits only for retired City, employees and their spouse, domestic partner and eligible dependents as defined in the Memorandum of Agreement, a percentage of the appropriate premium cost(s) as follows: o Fifty percent (50 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least ten (10) years continuous City service completed prior to November 30, 2007. o Sixty -five percent (65 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least fifteen (15) years continuous City service completed prior to November 30, 2007. o Eighty percent (80 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least twenty (20) years continuous City service completed prior to November 30, 2007. o One hundred percent (100 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least twenty -five (25) years continuous City service completed prior to November 30, 2007. Current employees retiring July 1, 2008 or later will be eligible for the retiree health benefits as described in the Memorandum of Agreement. OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 28 INDEX F Counseling Services, 19 A Death /Bereavement Leave, 12 Fiscal/Budgetary Impacts, 22 Deferred Income, 13 Adoption Benefit, 12 Dental Coverage, I I Alcohol, 23 Dependent Care Assistance Program, 19 Alcohol and Drugs Education and Training, 16 Alcoholic Beverages or Other Drugs, 23 Employee Death, 10 Off Duty Hours, 23 Family and Medical Leave, 10 Prescription Drugs, 23 Funeral Benefit, 12 Alcoholic Beverages or Other Drugs, 23 Health Care Tax -Free Dollar Account Program, 19 Alternate Benefit. I I Hearing Aid Benefit, 10 Americans with Disabilities Act_ 10 Life Insurance, 13 Automobile Allowance_ 21 Longevity and Incentive Pay, 17 Long -Term Disability Insurance, 13 C Medical and Health, 10 Alternate Benefit, 11 Catastrohic Leave, 9 Paternity Leave, 10 Compensation Adjustments, 20 Retired, Deceased and /or Permanently and Totally Automobile Allowance_ 21 Disabled Employees, 13 Court Time Pay, 21 Retirement Plan, 401(a), 19 Critical Incident Call Out Pay, 21 Retirement Programs, 18 Fiscal /Budgetary Impacts, 22 Sick Leave, 9 Paychecks, 22 Sick Leave Accumulation, 9 Police and Fire Services. 22 Vision Coverage, l 1 Public Safety Vehicle Use, 21 Funeral Benefit, 12 Total Compensation Survey, 20 Condition of Employment, 24 G Counseling Services, 19 Court Time Pay, 21 Grievance Policy and Procedure, 24 Critical Incident Call Out Pay, 21 H D Health, 10 Days of Work, 5 Health Care Tax -Free Dollar Account Program, 19 Death/Bereavement Leave. 12 Hearing Aid Benefit, 10 Deceased Employees, 13 Holidays, 6 Deferred Income_ 13 Alternate Day Off, 6 Dental Coverage, I I Day of Mourning, 6 Dependent Care Assitance Program, 19 Holidays Observed, 6 Drugs, 23 Proclaimed Holidays, 6 Hours of Work, 5 E Hours, Days and Period of Work 4/10 Schedule, 5 Education, 16 5/8 Schedule, 5 Effective Date, 25 9/80 Schedule, 5 Employee Death, 10 Regular Work Period, 5 Employee Performance Evaluations, 26 Regular Workday, 5 Employees Hired After July 1, 1993, 24 F Incentive Pay, 17 Family and Medical Leave, 10 Invalidation, 26 Fiscal/Budgetary Impacts, 22 Replacement, 26 Fringe Benefits, 8 Suspension of Agreement, 26 Administration, 8 Administrative Leave, 9 L Adoption Benefit, 12 Americans with Disabilities Act, 10 Lap Swimming Program, 24 Catastrophic Leave, 9 Life Insurance, 13 OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 29 Light Duty, 10 Limited Duty, 10 Longevity, 17 Long-Tenn Disability Insurance, 13 M Management Rights, 25 Medical, 10 Military Training, 7 N Non - Discrimination, 26 Non - smoking Pay Premium, 23 Non - smoking Status, 23 Off Duty Hours, 23 P Paternity Leave, 10 Paychecks, 22 Performing Arts Center, 25 Period of Work, 5 Permanently and Totally Disabled Employees, 13 Personal Equipment, 20 Personnel Files, 26 Police and Fire Services, 22 Prescription Drugs, 23 Public Safety Vehicle Use, 21 Ra Replacement Equipment, 19 Residency, 24 Retired Employees, 13 Retirement Plan, 401(a), 19 Retirement Programs, 18 S Safety Equipment, 19 Personal Equipment, 20 Replacement Equipment, 19 Safety Glasses, 20 Saftety Equipment Safety Glasses and UV Eye Protection (Sunglasses), 20 Sick Leave, 9 Sick Leave Accumulation, 9 Smoking, 23 Condition of Employment, 24 Employees Hired After July 1, 1993, 24 Non - smoking Pay Premium, 23 Non - smoking Status, 23 Sports Center, 24 Sunglasses. See Safety Glasses and UV Eye Protection Suspension of Agreement, 26 Term of Outline, 25 Effective Date, 25 Termination Date, 25 Termination Date, 25 Training, 16 T U Use of City Facilities, 24 Performing Arts Center, 25 Sports Center and Lap Swimming Program, 24 UV Eye Protection, 20 V Vacation, 7 Benefit, 7 Eligibility for New Hires, 7 Maximum Accrual, 7 Schedule, 7 Schedule Based on Seniority, 7 Sellback, 7 Vision Coverage, 1 I w Work Curtailment (No Strike Clause), 25 OUTLINE- Management ❑ November 13, 2007 through June 30, 2009 Page 30 RESOLUTION NO. 79 -22 EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK ARTICLE I — GENERAL PROVISIONS SECTION I STATEMENT OF PURPOSE It is the purpose of this Resolution to insure. a_ Employee Grievances are heard and resolved fairly and promptly b. City employees are treated fairly and that their rights are maintained_ c. Grievances are resolved in an effective and orderly manner to insure uninterrupted city services to the public. SECTION 2 DEFINITIONS As used in this Resolution the following terms shall have the meanings indicated. a_ Appropriate unit means a unit of employee classes or positions, established for the purpose of collective representation. b- City means the City of Rohnert Park. c. Employee means any city employee, regardless of status. d_ Grievance means a complaint or dispute by an employee, group of employees, or a recognized employee organization concerning the . interpretation or application of any matter falling within the scope of this grievance procedure. e_ Grievant. means the party who has initiated a grievance procedure either . informally or formally_ f. Immediate Supervisor means the individual who immediately assigns, reviews, or directs the work of an employee. g. Intermediate Supervisor means the supervisor next above the immediate supervisor as determined by .the department head. h. Recognized Employee Organization means an employee organization which has been formally acknowledged by the city as a. recognized employee organization representing employees in an appropriate unit. i. Working Days means those days on which the city -administrative offices are open for conduct of normal business. SECTION 3 SCOPE a. This grievance procedure pertains to application, interpretation, and noncompliance with memorandums of agreement, council resolutions, city ordinances, and departmental and . city - rules, regulations, and practices governing wages, seniority, written reprimands, hours, safety, and other terms and conditions of employment which the city has authority to change and for which no. other appeals procedure is provided_ Issues excluded from the-scope of this grievance procedure include those matters which the city has no authority to change and matters for which alternative appeals procedures have Page 3 been provided such as performance 'appraisals; demotions, suspensions, and dismissals. Disputes concerning exclusive city rights with respect.to mattes of general legislative or managerial policy do not constitute grievances under this procedure. The nature of these exclusive city rights are described in Section 3.e. below. b. A grievance may be initiated by an employee, jointly by a group of employees, or by a recognized employee organization. c. Employees who are in units represented. by a recognized employee organization may choose to represent themselves or be represented by the recognized employee organization at any stage of this grievance procedure. Employees who are not in a represented unit may choose to represent themselves or be represented by any layperson. or employee organization. Neither the grievant party nor. the. city maybe represented by legal counsel. d. No employee or recognized employee organization shall be interfered with, _intimidated, restrained, coerced, or discriminated against for exercising these grievance rights. e. Nothing in this grievance procedure shall be . construed to eestricf any legal or inherent exclusive city rights with respect to matters of general legislative or managerial policy, which include among others. - The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedure 'and w - standard's of selection for employment; direct its employees take disciplinary ,action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government .operations are to be, conducted; take all necessary actions to carry out its mission" n emergencies; and exercise complete control and discretion over its organization and technology of performing its work. ARTICLE 11 — INFORMAL. GRIEVANCE PROCEDURE SECTION 4 GENERAL a_ It is the mutual responsibility . of employees; employee organizations, and management to resolve . grievances informally and at the lowest practicable level of management, whenever possible. b. Informal procedures must be exhausted prior to initiation of the formal grievance procedure_ SECTION 5 STEP ONE —IMMEDIATE SUPERVISOR a_ The grievant shall first present the grievance - orally to his /her immediate supervisor in an informal meeting. The grievant may request such a meeting at any reasonable time, and the supervisor shall meet within five (5) working days after such request. In the meeting the .grievant shalt fully explain the grievance and the solution desired: The' supervisor shalt present an informal, verbal decision with reasons therefore to the grievant within five. (5) working days after the meeting_ b. Any grievant whose grievance is not resolved to his /her satisfaction may institute a formal grievance procedure. Such formal - procedure shall conform with the steps and provisions prescribed in Articles 111 and IV. Page 4. a ARTICLE III — FORMAL GRIEVANCE PROCEDURE SECTION 6 GENERAL a_ All the formal grievances shall be in writing. A supply of grievance forms shall be maintained in each department and shall be readily accessible to all employees and recognized employee organizations. b_ Each level-of management upon receipt of a formal grievance shall notify the recognized employee organization (if any) which represents the employees of the unit from which the grievance originates concerning the times and places of all grievance proceedings_ The highest level of management involved shall notify the appropriate recognized employee organization(s) in writing prior to implementation of . any grievance settlement which affects the rights or conditions of.employees they represent. SECTION 7 STEP Two- INTERMEDIATE SUPERVISOR a. The grievant may appeal the immediate supervisor's decision by completing Section 2 of the grievance form and filing it with. the appropriate intermediate supervisor within five (5) working days. b. The intermediate supervisor shall within ten (1.0) working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant. SECTION 8 STEP THREE DEPARTMENT HEAD a. The grievant may appeal the intermediate supervisor's decision by completing Section .3 of. the grievance form and filing lit with the appropriate department head within five:(5) working days: b. The department head shall. within ten (10). working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant. SECTION 9 STEP FOUR — CITY MANAGER a. The grievant may appeal the department head's decision by completing Section 4 of the 'grievance form and filing it with the City Manager's office within five (5) working days. b. The City Manager or his /her representative shall within ten: (10) working days investigate the grievance, discuss the grievance with the grievant and /or the grievant's representative as requested,- render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant. SECTION 10 STEP FIVE — GRIEVANCE APPEALS COMMITTEE a. The grievant may appeal the City Manager's decision by completing Section 5 of the grievance form and filing ,it with the Personnel Office within ten (10) working days. b. Upon receipt of a Step Five appeal, the Personnel Office shall notify the members of the Grievance Appeals Committee. The Grievance Appeals Committee shall then schedule the appeal for hearing not later than ten (10) working days from the receipt of the grievance and shall forthwith notify the Page 5 grievant and his/her representative of the time and place at which the appeal will be considered. - c. The Grievance Appeals Committee shall conduct a hearing, arid shall hear all witness, testimony and evidence from both sides and shall. render a written decision on the grievance form. together with reasons therefore and return the form to the grievant, through the Personnel Office, within ten (10) working days. A complete tape recording and /or transcript shalt. be kept for all Grievance Appeals Committee hearings. The cost of any transcript or transcript of any tape recording shall be paid for by the requesting party. d. A majority decision of the Grievance Appeals Committee shall be final and binding'unless such decision binds the city to a financial expenditure which can be authorized only by the City Council. In such case the City Council may review the record and affirm, reverse, modify, or refer the matter back to the Grievance Appeals Committee for further hearing. Such action shall be taken by the City Council only on a review of the record and a finding that the decision of 'the Grievance Appeals Committee was not supported by the record. ARTICLE IV — RULES OF PROCEDURE SECTION 11 COMBINING GRIEVANCES An employee shall include all current grievances in one grievance procedure. To the degree . practicable, grievances shall not be duplicated. If several grievants wish to present grievances which are the same or substantially similar, such grievances shall be joined :in one proceeding by mutual agreement of the grievant, or grievant's representative and the Personnel Department. Where there is no mutual agreement to join grievances, the same or substantially similar, grievances shall: be processed. sequentially, by appropriate unit, in the order filed and time limitations will be held in abeyance pending complete processing of earlier. complaints_ SECTION 12 WAIVING LEVELS OF REVIEW Any steps in the grievance procedure, other than steps one and five, may be waived when the grievant or grievants and all levels of management involved in the steps waived mutually consent to such procedure in writing on the grievance form. SECTION 13 TIME LIMITATIONS a. Time limits established by this procedure may be extended or shortened by mutual agreement in writing on the grievance form by the grievant or grievants and the level ,of management/Grievance Appeals Committee involved in that step: b. Failure by a grievant to appeal a decision within the" time limits prescribed shall be deemed a resolution of the grievance, unless the grievant is unable to appeal for cogent reasons_ Failure of management to meet with the grievant or to render a decision within -the time limits prescribed shall justify appeal to the next step of the grievance procedure. SECTION 14 TIME OFF a. When practicable, proceedings shalt be held within the employees' normal working hours_ If held at other than the employees' normal working hours, the employee shall be .entitled to an. equivalent number of hours off on an hour for hour basis_ Page 6 b. Reasonable time off from usual duties shall be accorded to employees for the purposes of meeting with employee representatives, preparing and investigating grievances, presenting grievances, serving as a representative of a recognized employee organization at a grievance procedure, or representing a grievant, provided that before leaving his /her usual duties the employee shall obtain permission from the _ immediate supervisor involved. Such permission shall not. be unreasonably withheld: SECTION 15 PRIVACY All grievance procedures shall be conducted in closed sessions, except that specified observers may be admitted by mutual agreement.of the parties involved. ARTICLE V — GRIEVANCE APPEALS COMMITTEE SECTION 16 COMPOSITION AND SELECTION The Grievance Appeals Committee shall consist of three members. (Each committee member shall serve for two (2) years and until selection of a successor. Committee members shall be selected as follows a_ One city employee selected by recognized employee organizations acting jointly. b. One city management member selected by the City Manager_ c. One lay chairperson selected by recognized employee organizations and the City Manager acting jointly.`. SECTION 17 ALTERNATE MEMBERS An. alternate for each of the three (3) principal Grievance Appeals Committee members shall be selected to serve for the same_ period as that of their respective principals. Alternate members shall be selected in the same manner as principals except that no alternate member shall be from the same city department or appropriate unit as his /her respective principal. Alternate members shall serve in the place of their respective principals when the principal is unavailable, when the principal abstains from serving, and when the principal is from the same city, department of appropriate unit in which the grievance originates. SECTION 18 COMMITTEE PROCEDURE The Grievance Appeals Committee .shall meet on call of its chairperson or of the Personnel Office. Deliberations of the committee shall be informal and shall provide a full and fair hearing of the grievance and proposed solutions. The city shall provide the committee with suitable facilities and reasonable secretarial support_ Each party shall bear its own costs for any expenses involved in calling witnesses or producing desired evidence. ARTICLE VI — MISCELLANEOUS PROVISIONS SECTION 19 CONSTRUCTION This resolution shall be administered and construed as follows: a_ Nothing in this resolution shall be construed to deny to any person, employee, .organization, the city, or any authorized officer, body or other representative of the city, the rights, powers and authority granted by Federal or State law. Page 7 b. This resolution shall be interpreted so as to carry out its purposes as set forth. in Article i_ SECTIoN 20 SEVERABILITY If any provision of this resolution, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this resolution or the application of such. provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby: DULY AND REGULARLY adopted this thirteenth day of February, 9979. CITY OF ROHNERT PARK /s/ Warren K. Hopkins Mayor Hopkins AYES: (5) Councilmen Beary Carbone, Roberts, Stewart and Hopkins . NOES: (0) None ABSENT: (0) None ATTEST: /s/ Sandra Faus Deputy City Clerk Re -typed January 2003 jdc Page 8 RESOLUTION NO. 92- 174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING UPDATED DISABILITY WAGE PLAN empWHEREAS, City staff recognizes the appropriateness of updating certain loyee benefit plans in order to provide for any changes; and WHEREAS, the City's existing "Disability Wage Plan" was.instituted on August 1, 1972 and has not been updated since that date; and WHEREAS, City staff has conducted a review of the City's existing "Disability Wage Plan" pamphlet and feels it is appropriate to update same; and WHEREAS, revisions have been proposed to said "Disability Wage Plan "; and, WHMEAS, said revisions have been discussed with the employee organizations as required by the meet and confer laws of the State and said revisions have received approval by said employee organizations; and WHEREAS, the Council has reviewed the revised "Disability Wage Plan" and finds it satisfactory- NOW, THEREFORE BE IT RESOLVED by the Council of the City of Rohnert Park that the "Disability Wage Plan" as revised and dated October 27, 1992, which is attached to this resolution and by reference thereto incorporated herein, is hereby approved. DULY AND REGULARLY ADOPTED this 27th day of October, 1992. CITY OF ROHNERT PARK My� BONN A7pAAK- Hayor ECK AYE HOLLINGSWORTH AYE HOPKINS AYE FELL,' AYE SpIRO AYE AYES 5 NOES O ABSENT O ABSTAIN O CITY OF ROHNERT PARK DISABILITY WAGE PLAN 4', -1 r TABLE OF CONTENTS Section Title Page No DISABILITY WAGE PLAN 1 _ Purpose 1 2. Eligibility 1 3. Length of Service Schedule 2 4_ Periodic Increase in Benefits 3 5_ Benefits Renewal - 26 Week Rule 3 6. How Benefits Are .Calculated 3 7- Active Work / Authorized Leave Requirement 3 8. Proof of Claim 3 9. NotificatiOD Required 3. Absence Reporting 4 l i _ Conditions Covered 4 12. Conditions Not Covered 4 13- Pregnancy or Maternity Leave 5 1.4. Paternity Leave 5 15. Light or Limited Duty 6 16. Effect. on Vacations 6 17_ Sick Leave Without Pay 6 18- Holidays During Disability 6 19. Effect on Retirement 6 20_ Sick Leave Benefits Misuse 6 21- Temporary Layoffs 22- Long Term Disability 7 23_ Employee Death 7 24. Changes in Plan 7 25. Non- Discrimination 7 26_ Additional Information 7 INDUSTRIAL DISABILITIES 1- Separate Schedules g 2. Effect on Workers' Compensation 8 DISABILITY WAGE PLAN I. PURPOSE One of the greatest concerns of any of us who work at a regular job is the possibility of lost income during periods when we are prevented from working because of illness or injury. Recognizing this, the City for many years has continued in full or in part, the pay of regular employees during such periods_ On August 1, 1972, the standard "sick leave" plan was replaced by a Disability Wage Plan. Effective this Disability Wage plan was updated and is described in this pamphlet_ The Disability. Wage Plan is one of the most important benefits you enjoy as a regular employee, yet it costs you nothing. It is a benefit paid for entirely by the City_ Your obligation is to notify your supervisor or the Personnel Office as soon as possible when you become ill or disabled, and to keep them informed of the date you expect to return to work. 2_ ELIGIBILITY If you are a regular employee, you are eligible for the benefits of this Disability Wage Plan in accordance with the number of months or years of service, which you have completed, unless you are covered by a collective bargaining agreement, which provides a separate disability wage plan_ Regular part -time employees shall participate in sick leave benefits proportioned to their fixed work ratios. These Disability Wage Plan benefits shall apply to all offices, positions and employment in service of the City, except: 2.1 Elective officers in the performance of their duties; 2.2 Members of appointive boards, commissions and committees, 2 -3 Persons engaged under contract to supply expert, professional technical, or other services; 2.4 Volunteer personnel, such as volunteer auxiliary firefighters and public safety officer, 2.5 City Attorney; 2.6 Limited .Service Personnel: 26.1 Temporary or seasonal employees employed,by the City_ 26.2 Part time employees paid by the hour or day. Sick leave shall not be considered as aright, which an employee may use at his/her discretion and shall be allowed only in case of actual sickness or disability. , No punitive actions shall be imposed on employees taking justifiable sick leave_ 3_ LENGTH OF SERVICE SCHEDULE If you a regular employee and are ill or disabled as a result of non -work- related* circumstances, your pay will be continued by the City in accordance with your length of service under the following schedule: (For all eligible employee except Public Safety Officer /Community Services Officer hired after August 1, 1989_) Completed Months Week's Benefits (PLUS) Week's Benefits of Service at Full Pay at Half Pay 3 0 1 6 0 2 9 0 3 Completed Years Week's Benefits (PLUS) Week's Benefits Of Service at Full Pay at Half Pay 1 1 4 2 2. 7 3 3 10 4 4 13 5 5 16 6 6 19 7 7 22 8 8 25 9 9 28 10 10 32 11 11 31 12 12 30 13 13 29 14 14 28 15 15 27 16' .16 26 17 17 25 18 18 24 19 19 23 20 20 22 21 21 21 22 22 20 23 23 19 24 24 18 25 25 17 26 or more 26 16 For all Public Safety Officer /Community Services Officers hired after August 1, 1989: Hours Earned Hours Earned Maximum Hours Monthly Annually of Accumulation 8 96 1,200 *For application of the Plan to work - related injury or illness, see page 8. 4. PERIODIC INCREASE IN BENEFITS 4-1 At the completion of each employee's (except Public Safety Officers /Community Services Officers hired after August 1, 1989) established anniversary "year of service ", benefits will be increased in keeping with the appropriate length of service schedule_ 4.2 For Public Safety Officer /Community Services Officers hired after August 1, 1989, at the completion of the employee's established monthly anniversary, benefits will be increased in keeping with the appropriate length of service schedule. S_ BENEFITS RENEWAL — 26 WEEKRULE Whenever a regular employee has worked twenty -six (26) weeks or more since their last reported injury/illness, the maximum amount of benefits is renewed .automatically in accordance with length of service_ An employee is always eligible for the maximum amount of scheduled benefits, less any amount of paid sick leave they have used. (The aforementioned benefits renewal/26 week rule does not apply to Public Safety Officer /Community Services Officers hired after August 1, 1989.) 6. HOW BENEFITS ARE CALCULATED An employee's disability pay will be calculated on the basis of the employee's normal earnings exclusive of overtime. 7. ACTNE WORK /AUTHORIZED LEAVE Sick leave benefits shall be earned and accrued to regular employees who are actively working or are taking leave due to an approved City program or benefit_ Sick leave benefits or accruals do not apply to employees on absences from work for over ninety (90) consecutive days_ 8. PROOF OF CLAIM 8.1 Employees may be required to support their claim for disability by proper medical evidence_ The City reserves the right to decide when an employee is disabled and when they are able to return to work on the basis of the advice of physicians employed by, or approved by, the City_ 8.2 The City may require an employee to provide a medical doctor's statement prior to permitting the employee to return to work following the use of any sick leave. 9. NOTIFICATION REQUIRED When an employee becomes ill or disabled, the employee must give notice immediately to the employee's supervisor or the Personnel Office. Normally, the employee's sick leave benefits will not start until the day such notice has been received by the 'City. Employees are also asked to notify. the City as soon as possible when they expect to return to work. Notice may be given by telephone, letter or message delivered by a fellow employee_ It is important, however, that the employee's supervisor know when the employee may be expected to return in order that reassignment of temporary replacements may be, handled in an orderly manner_ 10. ABSENCE REPORTING In all instances when an employee is absent from his /her scheduled work more that fifteen (15) minutes, an Employee Absence Report form must be properly submitted. 11. CONDITIONS COVERED 1 1.1 An employee's non- industrial illness or injury. Leaves of,more than five (5) days for . this reason requires a doctor's certificate indicating absence from work was necessary. At the City Manager's discretion, a doctor's certificate may be requested for illnesses of less than five (5) days; 1.1.2 An employee's non - industrial dental, eye or other physical or medical examination or treatment by a licensed practitioner_ Leave for this purpose may be limited to four (4) hours in any one working day at the discretion of the department head; 113 Providing .necessary care for an ill or injured member of the immediate family. Absences of more than one (I )'days for this reason require a doctor's statement indicating that the employee's presence was required. Leaves for this purpose are limited to three (3) workdays; 11.4 Family Care Leave_ Employees may request an unpaid leave of absence (family care leave) for a newborn or newly adopted child, or to care for a seriously ill family member. Requests for family care leave shall comply with the requirements of Assembly Bill 77. For specific information regarding family care leave contact the City's Personnel Office. 11.5 Death/bereavement leave in the immediate family. Employees may use up to three (3) days of their accrued sick leave (or death/bereavement Ieave benefits as provided in any applicable Memorandum of Agreement) when there is a death in their immediate family- Immediate family in this case means: spouse, father, father -in -law, mother, mother - -in -law, brother, sister, child (including step - children), stepparents,.grandparents, grandchildren and- relationships in loco- parentis. 11.6 For the purpose of charging sick leave, the minimum sick leave chargeable shall be one (1) working hour. 12. CONDITIONS NOT COVERED An employee will not be entitled to disability pay under this Plan if the injury or illness: 12.1 is intentially self - inflicted; 1212 is due to intoxication, or the use of narcotics or habit forming drugs; 12.3 resulted from participating in a criminal act; 12.4 resulted from participating in a not; 12.5 resulted from working for an employer other than the City;' 12.6 during a layoff, leave of absence or disciplinary suspension; and/or 12.7 after a termination date_ 13. PREGNANCY OR MATERNITY LEAVE 13.1 A regular employee shall be entitled to utilize full pay non - industrial sick leave benefits and other accrued leave on the same basis as other employees who are temporarily disabled due to a non - industrial illness or injury_ For those employees who have over one (1) year of continuous service, that employee shall be entitled to utilize either accrued full pay non - industrial sick leave or a minimum of three (3) weeks accrued half pay non - industrial sick leave, whichever is greater. Such disability leave on account of normal pregnancy or childbirth shall not exceed (9) weeks; A probationary employee having completed less than one (1) year of service shall be entitled to utilize any accrued half pay non - industrial sick leave benefits and other accrued leave on the same basis as other employees who are temporarily disabled due to a non - industrial illness or injury; 13.2 While the employee is on paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage. Leave shall commence upon certification from the employee's attending physician that she is no longer capable of performing the duties of her position without undue risk to herself or other persons; 13.3 In no event shall the employee's paid leave exceed the total of the employee's accumulated but unused full. pay non- industrial sick leave, or as specified, half pay non- industrial sick leave, and other accrued leave; 13.4 An emp* loyee. may be absent from employment for a reasonable.collective period of time not to exceed four (4) months (including period of paid sick leave) during the time of pregnancy and post- pregnancy period. During.this period of time, the employee may.utilize any accrued vacation time_ Unpaid Ieave shall be granted only for disability due to the pregnancy, the subsequent childbirth, or other termination of the pregnancy. No such absence without pay shall be granted until the employee has exhausted all accumulated full pay, or as specified, half pay non - industrial sick leave; 13.5 Upon expiration of approved.leave, an employee shall be reinstated to her former position or to a comparable one unless reinstatement to the former.or comparable position is not possible because of legitimate business reasons unrelated to the employee's pregnancy; 13.6 An employee may request an unpaid leave.of absence (under Section 28.1, City Manager's Administrative Policy No. 1, Personnel Rules & ReguIations) at the conclusion of her disability /maternity leave. Such leave shall be granted or denied on the same basis as leaves for other employees. 14- PATERNITY LEAVE Regular employees may request a paternity leave of absence following the birth of a child in accordance with any applicable Memorandum of Agreement or Outline of Conditions of Employment_ 15. LIGHT OR LIMITED DUTY Regular City employees who are. Injured or ill from either on-the-job (industrial) or offthe job (non- industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. Such assignments may be temporary or permanent. They may involve duties that differ from the normal work duties of the employee. Such light, limited,.or modified duty shall terminate when the employee is physically or mentally able to perform all his/her normal work duties. 16. EFFECT ON VACATIONS 16.1 If an employee is on a vacation and becomes ill or injured, the Disability Wage Plan will not apply until the day the employee is scheduled to return to work_ 16.2 The disability benefits described herein are entirely separate from any vacation to which an employee's service may entitle them. Under most circumstances, disability absence will not disqualify an employee for eligibility for a vacation. In some cases, however, prolonged periods of disability may affect an employee's vacation eligibility. 17. SICK LEAVE WITHOUT PAY 17. I If an employee is. not yet entitled to sick leave benefits as provided herein, or has exhausted His/her accumulated sick leave benefits, said employee shall be considered on leave without pay 17.2 In such case of an erriployee on leave without pay for a period of three (3) days or more, the City Manager's office may at his discretion and on a case -by -case basis grant the employee a leave without pay, upon receipt of such a request in writing from the employee. 17.3 An employee may not use accrued compensatory time to coversick.ieave without pay. I8. HOLIDAYS DURING DISABILITY If a holiday occurs during .a period when an employee is disabled, the holiday will not be charged against the days of disability pay for which the employee is eligible_ 19. EFFECT ON RETIREMENT Accrued sick leave shall not be used to extend a date of retirement from City service. However; any unused sick leave may be applied as service credit towards an employee's retirement account. For additional information regarding this matter contact the Personnel Office or a Public Employees Retirement System representative. 20. SICK LEAVE BENEFITS MISUSE The City shall revoke pay, sick leave time and take appropriate disciplinary action if the employee using sick leave is not sick or has engaged in private or other public work while on sick leave. 21. TEMPORARY LAYOFFS If an employee is receiving disability pay at the time when the employee would otherwise have been temporarily laid off, the employee's disability pay normally will be continued in accordance with the length of service schedule, as long as the employee's illness or injury prevents them from working_ Naturally, this provision only applies in the case of temporary layoffs when there is a clear -cut . expectancy that the employee will be recalled to work within a short time. Any layoff is subject to the American with Disabilities Act (ADA) requirement that the layoff is for the stated purpose and not a pretext for terminating employee(s) with disabilities. 22_ LONGTERM DISABILITY This Disability Wage Plan, or any other such applicable plan, shall be considered the primary plan and all benefits therein must be exhausted prior to eligibility for the City's Long Term Disability Plan. For additional information regarding the City's Long Term Disability Plan contact the Personnel Office. 23. EMPLOYEE DEATH Upon the death of an employee, any unused sick leave shall not be paid_ to the, employee's surviving spouse or legal dependents. However, any said unused sick leave maybe applied as service credit for the .deceased employee's retirement account. For additional information regarding this matter contact the Personnel Office or a Public Employees Retirement System representative. 24= CHANGES IN PLAN City management hopes and expects to continue the Disability Wage Plan'indefnitely, but as future conditions cannot be foreseen, the City reserves the right to change or discontinue this Plan at any time. Employees may be assured however that only the most serious circumstances would result in the discontinuance or curtailment of the Plan_ Nothing contained herein shall be deemed to supersede the provisions of any applicable State law, City ordinance, resolution, rule or regulation. The City retains and has the exclusive decision - making authority to manage the policies and provisions of this document so long as such exclusive authority is in conformance with any and all applicable laws and statutes. for same_ 25. NON - DISCRIMINATION In receiving the benefits afforded by this Disability Wage Plan, no person shall in any way be favored or discriminated against to the extent prohibited by law because of political or religious opinions or affiliations; or because of racial or national origin, or because of age, sex'or sexual preference, or physical or mental disability. 26. ADDITIONAL INFORMATION Employee's seeking further information regarding the administration of this Plan are welcome to contact the City's Personnel Office. INDUSTRIAL DISABILITIES 1. SEPARATE SCHEDULES The benefits which you are provided under the Disability Wage Plan for industrial illness or injury are separate and distinct from the benefits provided for non - industrial illness or injury. You may receive separate disability wage payments for both industrial and non - industrial illnesses or injuries — but not both types at the same time. 2. EFFECT ON WORKERS' COMPENSATION If you become disabled as a result of an industrial injury, Workers' Compensation will be payable to you in accordance with the applicable laws of the State_ Sick leave benefits shall not be used for an industrial injury or illness. r�� r RESOLUTION NO. 2007-178 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK RESCINDING RESOLUTION NO. 96-203 AND ESTABLISHING AN ALTERNATE BENEFIT PROGRAM FOR ELIGIBLE ACTIVE EMPLOYEES WHEREAS, the City provides health insurance for eligible, active employees and contributes towards medical insurance premiums for health insurance; and WHEREAS, some eligible, active employees have health insurance coverage from a source other than the City, resulting in dual coverage; and WHEREAS, the City Council adopted Resolution No. 96 -203, establishing a dual health insurance premium reimbursement program policy for employees who have health insurance from a source other than the City; and WHEREAS, the City wishes to continue providing an alternate benefit program to eligible, active employees who have health insurance from a source other than the City to benefit both the employees and the City; and WHEREAS, the City and representatives of its employee groups have determined to define the amount of the alternate benefit within. memoranda of agreement. NOW,. THEREFORE, BE IT RESOLVED that Resolution No. 96 -203 is rescinded. BE IT FURTHER RESOLVED that 1) the alternate benefit amount shall be established in memoranda of agreement or outlines of certain conditions of employment that govern employees' compensation and benefits. 2) the alternate benefit amount is not salary or compensation and the benefit may only be directed into an employee's deferred compensation account, toward CalPERS service credit, or for the purchase of supplemental life insurance and/or any other eligible benefit program approved and authorized by the City. 3) the City and eligible, active employees are subject to all applicable laws, rules and contracts of third parties such as the IRS, CalPERS, and health insurance providers. Eligibility and continuation of the Alternate Benefit Program is subject to compliance with applicable laws, rules and contracts. BE IT FURTHER RESOLVED that the City hereby establishes this alternate benefit program effective December 1, 2007 and the City Manager is authorized to administer said program. DULY AND REGULARLY ADOPTED this 23rd day of October, 2007. ATTEST: JA y Clerk CITY OF ROHNERT PARK Mayor BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) RESOLUTION NO. 97- 20 1 RESOLUTION OF THE CITY COUNCEL OF THE CITY OF ROHNERT PARK THAT IMPLEMENTS THE REPORTING OF THE CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS AS ADDITIONAL COMPENSATION FOR ROHNERT PARK EMPLOYEES' ASSOCIATION MEMBERS WHEREAS, the City of Rohnert Paris has the authority to implement Government Code Section 20636 Pursuant to Section 20691; WHEREAS, the City of Rohnert Park has a written labor agreement, known as the Memorandum of Agreement With The Rohnert Park Employees' Association, which specifically provides for the inclusion of normal member contributions paid by the emplover on behalf of the members as additional compensation; WHEREAS, one of the steps in the procedure to implement this section is the adoption by the City Council of the City of Rohnert Park of a Resolution giving notice of its intention to commence reporting the value Of employer paid member contributions (EMPC) as COW9ensafion for all members of a group or class, WHEREAS, the following is a statement of the proposed change in reporting compensation to Ca1PERS; The City of Rohnert Park elects to pay 7 % of employees' compensation earnable as Employer Paid Member Contributions and report the same 7% of compensation ' as additional iota. This benefit shall apply to all employees that are designated members of the Rohnert Paris Employees' Association Employee Organize This benefit shall be effective on January 1, 1998; NOW, THEREFORE, BE TT. RESOLVED, that the City Council of the City of Rohnert Park shall implement Government Code Section 20636, pursuant to Section 20691, by paying and reporting the value of Employer Paid Member Co above. atributioas for all employees of the Rohnert Park Employees' Association as indicated DULY AND REGULARLY ADOPTED this November 10, 1997. .I n-OR&-- AYE _mA.,.. AYE CITY OF RORNERT PARK tu:u.tY AYE vmAK- r.1ARTUVU AYE SPmO AYE AYES: 5 NOES: 0 AssE.N'r- 0 AssrwtN: IC RESOLUTION NO. 2001 - 270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE, ACTIVE EMPLOYEES WHEREAS, the City has established a system and pool whereby employees of the .City of Rohnert Park may donate and use vacation hours to alleviate financial hardship in catastrophic circumstances; and WHEREAS, the City wishes to expand the program to include the donation of compensatory hours; and WHEREAS, the City agreed in the meet and confer process with employee groups to establish a Catastrophic Leave Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park hereby adopts and approves "Exhibit A" hereby attached as it's Amended Catastrophic Leave Program for eligible active employees. BE IT FURTHER RESOLVED that the City hereby establishes this Amended Catastrophic Leave Program and that the City Manager is authorized to administer said program. DULY AND REGULARLY ADOPTED this 11th day. of December, 2001. CITY CITY OF ROHNERT PARK Mayo FLORES: AYE R.EILLY: AYE SPIRO: AYE VIDAK- NIARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) a EXHIBIT "A" AMENDED CATASTROPHIC LEAVE PROGRAM Purpose The purpose of the _Catastrophic Leave Program is to establish a system and pool whereby . employees of the City of Rohnert Park may donate vacation and compensatory hours to a pool for an employee in need who meets the criteria to obtain Catastrophic Leave to alleviate financial hardship. Catastrophic Leave Pool All regular full -time and part -time employees of the City of Rohnert Park may donate up to forty (40) hours of his /her vacation time per calendar year into the Catastrophic Leave Pool The donating employee must have a vacation leave balance of at least forty (40) hours after the donation of vacation time. All regular, full. -time and part -time employees of the City of Rohnert Park may donate up to forty (40) hours of his /her compensatory time per calendar year into the Catastrophic Leave Pool. . The donating employee is not required to have a compensatory time balance after the donation of the compensatory time: All time donated will be credited on an hour -for hour basis regardless .of `hourly pay differential. The 'Personnel Office will account for the donation and disburse catastrophic leave hours. Catastrophic Leave Catastrophic Leave is hours of time which have been donated into a pool and may be used by an employee in need and who meets the criteria of this program. Catastrophic leave may be used for an absence due to a verifiable long -term illness or injury such as, but not limited to; cancer and heart conditions which clearly incapacitate the. employee; for a serious illness or injury to a spouse, child, parent or other dependent who is in need of the employee's care. Eligibility To be eligible to apply for hours of catastrophic leave, an employee must be a regular,. full-time or part-time.. employee who has completed 2080 hours or one -year of employment with the City, and has exhausted all other benefits available for which they are. entitled. Catastrophic. Leave shall not be used in conjunction with any other long -term or short - term disability programs, Social Security - or Workers' Compensation Benefits. Catastrophic Leave may not be used to extend a date of retirement.. Should this program conflict with any other provision of law, applicable Government Codes or CalPERS regulations, the City will comply with those provisions and not the Amended Catastrophic Leave Program. CATASTROPHIC LEAVE PROGRAM PAGE 2 OF 2 The City reserves the right to require the employee to provide medical or other verification that they have met the criteria established in this policy. While an employee is utilizing Catastrophic Leave, they do not accrue any vacation or sick leave benefits. Leave Requests Any employee who meets the above criteria may submit a request for Catastrophic Leave through his/her Department Head to the City Manager. The City Manager will determine eligibility and approve /deny leave requests as outlined in this policy. Determinations made by the City Manager may be appealed to the Leave Appeal Committee within ten (10) calendar days of the City Manager's decision. A majority decision of the Leave Appeal Committee is final and binding. The Leave Appeal Committee shall consist of one representative from each of the following bargaining units: Rohnert Park Employees' Association (RPEA), Rohnert Park Public Safety Officers' Association (RPPSOA), and. the Service Employees' International Union (SEIU). Leave requests may, be approved for up to 480 hours per employee, per catastrophic need event. APPROVED BY RESOLUTION NO. 97 -165 AMENDED BY RESOLUTION NO. 01- 270 , DATED 12/11/01 RE )LUTION NO. 2004 - 299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING REVISED PERSONNEL RULES AND REGULATIONS WHEREAS, the City Council initially approved Personnel Rules and Regulations on April 11, 1966 with the rules and regulations being presented as City Manager's Administrative Policy No_ 1; and WHEREAS, the City Council. approved revisions to the Personnel Rules and Regulations on April 25, 1983; and WHEREAS, the City Council approved further revisions to the Personnel Rules and Regulations on November 12, 1991; and WHEREAS, the existing Personnel Rules and Regulations require updating to be in compliance with current, state and federal law; and WHEREAS, the City consulted with McDonough Holland & Allen, the law firm representing the City's legal interests, to provide recommendations on drafting revised Personnel Rules and Regulations compliant with existing state and federal laws; and Re WHEREAS, revisions are proposed to the existing Personnel Rules and gulations to _ensure legal compliance, provide greater direction to City employees regarding the City's personnel policies, and include policies enacted by the City Council since 1991; and WHEREAS, the revisions have been discussed with the employee organizations as required by the meet and confer laws of the State and the revisions have received approval by the employee organizations; and WHEREAS, the City Council has been presented the revisions to the Personnel Rules and Regulations and has found them satisfactory. NOW, THEREFORE, BE iT RESOLVED by the Rohnert Park City Council that the Personnel Rules and Regulations presented as revised and dated November 2004 are hereby approved_ 9, DULY AND- REGULARLY ADOPTED this 9`4 day of NovembQr, 2004. ATTEST.- Deputy City Clerk CiTY OF/ROHNERT P MORE& AYE MACKENZIE: ABSENT SPRA UN.I AYE VIDAK- MWM4EZ. -AYE NORIDIN: AYE AYES-,(4) NOES: (0) ABSENT: (1) ABSTAIN: (0) CITY Oj� ROHMERT PARK Personnel Rules and Regulations CITY MANAGER'S ADMINISTRATIVE POLICY NO. 1: PERSONNEL RULES AND REGULATIONS NOVEMBER 9, 2004 Y OF ROMERT PARK sormel Rules and Regulations page 1 of 39 ITY OF ROHNERT PARK 'ersonnel Rules and Regulations TABLE OF CONTENTS ;ECTION I - INTRODUCTION ----_--------------- ------------ ------------------------------------------------------------- PAGES 3 5 ;ECTION 2 PAY PLANS AND COMPENSATION.- __•______ ___________ __ ___ ___- __-- _ - - -__- - --- _- _.- ___ -_ -- -PAGES 5- 8 ;ECTION 3 - BENEFITS --------------------- -------------------------- - -------- ------------- -- - -------- PAGES 8 - 20 ;EC-TION 4 - IN -HOUSE RECRUITMENT ------------ ----- '20 -- - - - - ------------------ --- .. ........ PAGES -21 ;ECTION 5.- RECRUITMENT PROCESS ------------------ - ------------ -------------------- __.______.._____PAGES 21 27 ;ECTION 6 - SEPARATION AND REINSTATEMENT- ------------ ------------------ PAGES 27 - 29 ;ECTION 7 - INCOMPATIBLE ACTIVITY/CONFLICTS Of: 'INTEREST-, - ------ --------------- 29 - 30 ;ECTION 8 - DISCIPLINARY ACTION_.._._._____.______________________ __ _ ------- ------ - ------------ --------------- PAGES30-36 :;LOSSARY - DEFINITION OF TERMS ---------- ---------------------- - -------------------------------------------------- PAGES36-39 RESOLUTIONS EFFECTING PERSONNEL POLICIES RESO 79 -22 EMPLOYEE GRIEVANCE PROCEDURE RESO 92-78 EQUAL OPPORTUNITY EMPLOYER RESO, 92-79 POLICY AGAINST DISCRIMINATION BASED S(D ON DISABILITY - ADA RESO 93-38 AGAINST HARASSMENT RE SO 99-01 ELECTRONIC wbiA USE RESO 91-192 ANTI -DRUG POLICY, RESO 87-117 DEPENDENT CARE ASSISTANCE PROGRAM RESO 00-10, - EMPLOYEE COMPUTER PURCHASE PROGRAM .(PERMANENT AS OF 2004) RESO. 03-71. PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE .CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING RESO 0.3-235 OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 CITY OF ROHNERT PARK Page *2 of.39 Personnel Rules' and Regulations CITY OF ROMERT PARK Personnel Rules and Reguiat- t I tons SECTION 1 - INTRODUCTION A_ Purpose - The City Manager, as Personnel Officer for the City or his/her designee, is charged with the dealing with personnel matters and to attract responsibility of the City's personnel practices. In order to establish an equitable and uniform procedure for to municipal' Service the best and most competent persons available; to assure that appointment and promotions of persons will be based on provide a reasonable degree of security for qu merit and fitness and to established_ alified employees, the following rules and regulations are 3: Coverage -These rules and regulations apply. to all offices, all regular full -time employees, regular part- time employees, and all positions and employments in the service of the City, except; 1- Elective officers in the performance of their elective duties and Members of appointed boards, commissions and committees. 2_ Persons engaged under contract to supply expert, professional, technical or other services. 3_ Volunteer personnel, such as volunteer auxiliary firefighters and public safety reserve officers_ 4. City Manager and City Attorney- 5. Probationary employees, except as expresslyprovided herein. 6. limited Service Personnel (i_e_ temporary or seasonal employees employed by the City not more than six (6) months during the fiscal year for special purposes)_ .7_ Part -time employees paid .by the flour or. day who do riot meet the definitio of regular part-time employees_ n General Provisions - 1. The City expressly prohibits ition, marital status, sex, discrim national or ethnic o ination: in :.employment on the basis of race, religiourigin,. ancestry, mental or physical disability, medical, cond s creed, color, sexual preference, political opinion, political affiliation or on tfie, basis that an individual is age forty (40) or over, or any other basis protected by federal, state or local taw_ 2_ An employee's work performance will, be evaluated by their ur►mediate su designee at least once a year on a form. prescribed.by the Personnel Officer_ Sup r ry the supervisor's their evaluations in fun with each.employee, out{ine goals and expeclatiorts, and point Mors out Will discuss a he employee has done an outstanding job and suggest ways in which job performance can be enhanced_ 3_ An regular appointments include a Probationary, months .for miscellaneous employees, riota etharstwenty fovre(24 °f not less- than twelve (j2) employe es, not less than eighteen (18) months .for dispatch emplQyees;)a d nth less than eighteen (�8) months for public Safety sworn employees_ a_ Promotional appointments include a probationary'period of not.. less than six (6),InOnths for non - supervisory employees and. twelve (12) months for supervisors (includes management classifications)_ 4- Emptoyees.must be physically, and mentally able to perforrn the essential functions of the job, with without reasonable accommodation_ or Y OF ROHNERT PARK sonnel'Rules and Regulations Page 3 of 39 ATY OF ROHNERT PARK 'ersonnel Rules and Regulations 5. The. City reserves the right to amend these rules and agrees to meet and confer with representatives of recognized -employee organizations on those changes that are within the scope of representation. 6_ Nothing herein prevents or restricts the Citysright to contract for performance of expert, professional, technical or any other services- 7. Nothing herein prevents or restricts a Supervisor from issuing departmental rules, policies of regulations needed for the efficient operation of a City department- 8. The definitions applicable throughout these rules are set forth in the attached Glossary and are hereby incorporated by reference_ �. Bargaining Units - K any outline of conditions of employment or memorandum of agreement between a recognized employee organization and the City conflicts with the provisions of these rules, then the provisions of the memorandum of agreement will prevail_ Personnel Records - In .the case of personnel records, the term "personnel records" means any file maintained under the individual's. name by his or her employing agency containing records .relating to personal data, including marital. status, family members, educational and. employment history, or similar information; medical history, election of employee benefits, and employment advancement, appraisal, or discipline. I- The City maintains personnel files for all employees which contain aft records, files and documentation used to determine the employees qualifications, performance, promotion, additional compensation, or termination or other disciplinary action_ a_ Each employee must, promptly notify the Human Resources Department of any changes in relevant personal information;, including but not Crcnited to; maling address; telephone number; name(s) of dependent(sy and persons to contact in an emergency, along with contact information- b_ Personnel files are deemed confidential unless. the employee consents to a disclosure in writing or the City is .required to .disclose: such material; by law.. City personnel have access to confidential personnel files oniy.orf a "need, to know" basis for legitimate business reasons. 2- . The City maintains a confidential fide for all employees which contains, all medical information about an employee or applicant_ tnforma[ron in this confidential` file is obtained and maintained in accordance. with state and federal taw (e_g_ the California Confidentiality of Medical Information Act and the federal Health tnsurance Portability and Accountability. Act (.;HIFIAA "} Gty personnel have. access to confidential medical flies only on a -need to. know" for legitimate business_ reasons_ 3_ All inquiries fron- outside agencies, firms, or individuals concerning personnel will be referred to the Human Resources Department for handling and response_ Thin includes,-but is .not limited to, inquiries concerning employee perforirearice.:or evaluation in corin.,ection with new employment opportunities and .employment verification► checks for financing purposes. This procedure applies to both former and present.employees_ a. Absent a written release from the employee, the Human Resources Department provides only dates of hire and termination, .position title, and payrange_. b_ information disseminated to inquiring parties will be extracted from the personnel files in the .Human Resources Department_ The City`s written response to inquiries wilt be made .a part of the employee's personnel file and will be available for hislher scrutiny-. CITY OF ROMERT PARK Page 4 of -39 Personnel Rules and Regulations CITY OF ROHNERT PARK Personnel, Rules and Regulations 4. Any employee who wishes to review .his or her'.- personnel records should contact the Human Resources Department and set up an appointment at a.rnutuatly agreed upon time. The review must be done in the presence of the Human Resources com Assistant. or histher designee at the ration. where the file is stored and at no foss of compensation o to the employee= An employee may request a c any employment- related document that he /she.has signed. This subsection does not apply 10tho of employees covered by the !Public Safety Officers' Procedural Bill. of Rights (Government Code §3300 et seq. ) a_ An employee is not entitled to inspect records.setforth in Labor Code section .1 ?9g.5(d) as if may, from time to time, be amended. Impact records �retating to the inv or letters of reference_ estigation of a criminal offense b_ An employee is not entitled to inspect complaints, or investigation of complaints, concerning an event or transaction in which the employee was involved or participated to the extent that the disclosure of such information would constitute an unwarranted invasion of personal privacy_ 5. Employees have the tight to respond in writing: to any, evalu2iion report placed in their personnel file. Such responses must be submitted within thiity -(30) calendar days of the evaluation interview and will be included in the personnel file records Destruction of Records - The employee personnef.records are considered a permanent record and all personnel file documents are retained by the City for the duration of the employee's and for any subsequent period required by law. . period of employment a. The records of former employees are retained `in accordance with the schedule established in Resolution 90 -161 _ b. Shredding destroys personnel records that 90 -161. Have reached .. the time limit established in Resolution SECTION 2 = PAY PLANS AND :COMPENSATION Classification Plan - 1 _ Creation la classifications_ The City Council, upon.recommenda6dri by the Personnel Officer, shall create a.ctassifcafion plan for City employees- Each position shall be allocated to a wane identified by when title_ Positions shat( have. the same loss title. when they conform: to the same specification or when the positions' descriptions are .suffidently similar as to.quatiiigfions, educational requirerr►ents,. responsibilities, level of supervision, and other. chataderi,stics 2. Specification of classes, A. class may.jnctude° more than :one - position_ Each class will have a specification, which, inctudes. a concise; descripfive tiile.'a. brief tfefiilition, a.descriptior; of the essential job duties .and .responsrlities, a statement of: speciaF regeiirerr►erifs; arrrf a statement of desirable qualifications_ 3. Reclassification. The Personnel Officer, is responsible for reviewing the duties, and res Positions and recommending to the City Council -the: creatioriof new clas$es and iheabotittion of s of existing classes. The Personnel Officer shall review. dassiiicat"ions and make-deter minatiOns in the following situations: a- Upon the recommendation of the Supervisor or upon the request of an employee, the Personnel Officer has the right to reallocate a position to a different. class whenever its' duties change materially, provided the reclassification .can, be accomplished . within - budget limitations- The Personnel Officer has the discretion to determine Wt en the duties .have m$ierialfy etranged which Y OF ROHNERT PARK, sonnet Rules and Regulations Page 5 of 39 :iTY OF ROHNERT PARK 'ersonnel Rules and Regulations warrant a reclassification_ To process reclassifications in a timely manner, the following process will be followed L Supervisor or employee submits a request of reclassification to the Human Resources Department- 11 - Within fifteen (15) working days, the Human Resources Department makes an initial determination whether the employee's ongoing job duties and responsibilities warrant a position reclassification. Once completed, the Human Resources Department forwards its recommendations to the Personnel Officer. iii_ Within fifteen (15) working days the Personnel Officer affirms or. modifies the Human Resource Department's recommendations - As a general guideline,_ the Personnel Officer will provide the following conclusions to the employee and his or her supervisor: re- assign work duties so the employee is no longer working outside of classification, appoint employee to .existing classification with greater responsibility, or create, a_ new classification that more accurately.reflects the employee's ongoing job duties and responsibilities. b_ When the duties of a position so change thal no appropriate class for it exists, the Personnel Officer must prepare an appropriate class specification. for it and submit it to the City Council for approval_ c_ Reclassification of a position may not be used to circumvent the rules and regulations concerning demotion, promotion or compensation. 3.. • =Salary Ranges. Plans and Compensation - 1. Meet and confer_ The City will meet and confer. regarding changes to salary rates or salary ranges -affecting existing employees represented by a recognized employee organization_ After meeting and conferring, the Personnel Officer will prepare the pay plan, which establishes a fiat rate or salary range for each class_ 2_ Changes to salary ranges. When the City Council changes a salary range fora class, all employees' salaries in the class will be adjusted to the corresponding step in the new range_ . Transfer to another class_ An employee whose position is moved from one class to another class.. that has the same salary range does not receive a change in salary. When an employee is moved front one class to a class with a higher .maximum salary, the employee's salary in the higher class will be the minimum salary for that class, unless that minimum is lower than, or the same as, the employee's: salary at the time of the move_ In that event, the employee will, re' eceive the next higher, step. within the pay.range of: the higher class_ Employees receiving a, promotion will receive at least a 5% increase in 'satary unless limited by the salary range maximum. The new review date for promoted employees is the date of promotion or in six (6) months it the employee in placed at Step A- .4- Demotions. When an employee is demoted, (moved from one class io a class with a lower maximum sataryj,. the Personnel- Officer will set the employee's salary within the range of the class to which the employee has: - been demoted_ 'in this event, the employee's anniversary dale will be the same as the effeciiye .date of demotion for purposes of conducting performance reviews and making corresponding salary adjustments_ The employee's original hire date will continue to determine his or her eligibiliiy for other types of benefits and leave accruals. 5. 'Reclassifications_ Art employee whose position is reclassified. from one class to a class with a lower maximum salary retains his/her original anniversary date_ A reclassified employee retains the salary of .the. higher class if the _employee's salary at the time of reclassification does not exceed the rnaxtrirturn 'salary for positions of the tower class_ If that salary does exceed that maximum, the CFTY OF ROHNERT PARK Page 6 of 39 Personnel Rules and Regulations CITY-OF ROMERT PARK Personnel Rules and Regulations employee will continue to receive his /her present salary class exceeds his /her rate of pay. until such time as the- 'maximuril salary for the C_ Employee. Performance Review and /or Evaluation The improve productivity and foster communication between supenr sornsrand employees. Evaluations should be conducted at least annually in accordance with the schedule set forth for that employee's job classification and should be based upon position - specific performance elements and. work standards_ The evaluation must indicate clearly whether overall'performanc Process muss provide for e e is superior, satisfactory, or substandard The review rn ptoyee.feedback and face -to -face communication review will be _ Results of the performance 'utitrzed to determine employee's training and development needs_ 1. Salary adjustments_ Results of the employee's current performance review will be used to, determine salary adjustments on the. employee's anniversary .date_ Employees .whose work performance is satisfactory will be eligible for advancement to the next higher step (not to exceed the maximum) of the salary range_ Employees who receive a less than satisfactory rating may not be eligible for a salary advancement on their anniversary date. 2. Employee review and response, Employee will be provided with a copy of his /her pe evaluation twenty -four (24) hours prior to the evaluation _interview Employees have the r ght t _. o respond in writing to the evaluation rep pes should be submitted ort should they so desire_ Said responses to the reviewer .no later than thirty (30) days after the evaluation interview_ Con tents. of an employee's performance evaluation are not subject to the grievance.procedure_ 3. Copies kept in personnel file_ The employee's complete, .ori final, and signed evaluation - including any written comments g 9 performance official provided by the employee. is filed in the employee's personnel file kept in.the Human Resource Department_ J_ Pay .Petiod =The Pay, period .f(* all employees: is bi monthly on the 15th and Che. last day the in When the 15r" or the fast day of the month falls: on a weekend or holiday;: paychecks will be: available the prior Friday_ /111 paychecks are to.be distributed to the departments and delivered to the employee by noon on the 15r" or the last day of the.:month. i- Time cards_ All employees are required to keepa timecard and accurately record all hours worked- a- Full -time employees_ Regular full-time employees. will: be paid,for the prior two -week period worked_ b_ Part -time emplyoyees, Regular p8d -time and hour! timecards to #t►e Finance .Department .on the 5"' and.: 0' 01`1 he mon h and will be- paidt the following- payday- for the time submitted_ 2. Direct deposit_ Any employee wishing .to have their paycheck directly deposited may do so by contacting the Finance Department and fdling•out the.required documents_ TY OF ROHNERT PARK >_rsonnel Rules and Regdlations Page 7. of 39 CiTY OF ROHNE RT PARK Personnel Rules and Regulations E_ Overtime - Overtime hours must be approved in advance by the employee's direct supervisor or Department Head_ Overtime is to be kept to a minimum consistent with maintenance of essential City services_ Ail non - exempt employees will be paid overtime as required by applicable law and iri accordance with any provisions in applicable memoranda of agreement. F_ Compensatory Time Off - Subject to applicable memorandums) of agreement or the outline of certain employment conditions for.non- represented employees, compensatory time off may be granted in lieu of overtime pay for overtime work performed by .eligible employees_ Compensatory time off . is subject to the 'accrual cap in the relevant memorandum of agreement- I- - Approval of overtime. Employees must obtain pre - approval before working any overtime_ The Supervisor will authorize such overtime work and. will notify the Personnel Officer upon such authorization_ The Supervisor is responsible for arranging his /her department so that compensatory lime off can be taken. 22 CTO. for exempt employees_ Management employees and any bona fide exempt personnel will receive administrative leave, as qualified under FLSA, in -lieu of the compensatory time off_ All exempt personnel must record leaves of four hours or more using the City's "Employee Absence Report- and submit it to the appropriate immediate supervisor. 3. City reserves the right to pay overtime in lieu of accruing CTO. At the discretion of the City, certain personnel may be paid for all or a portion of overtime worked in lieu of accruing CTO. The City can elect to pay employees for overtime worked .if it is determined that an employee cannot reasonably take the CTO without hindering the performance of essential City functions- .4. Pay -out of accrued CTO_ The City retains the right to payout unused CTO at aft times selected by the City_, The current memorandurn(s) of agreement or,outtine of certain conditions oi-employment .wily. reffect accrual information, time, and manner in which any payment for unused compensatory lime will be made_ 5. -Payment upon separation. Upon separation, all employees wilt be paid a lump sum for ail outstanding approved and accrued compensatory time and /or administrative leave- -6. Use of •CTO_ .Employees who wish. to use CTO. must obtain. prior authorization of their Supervisor or Department Head_ The City's policy.is to permit the use of CTO within a reasonable period after the request for use is made_ Use of CTO on the specific. dates requested by an employee will be permitted as much as reasonably. practicable taking into account the operational needs of the department_ To. facilitate scheduling, employees are encouraged to provide as 'much advance notice as possible of the dates they desire to use CTO_ SECTION 3 - BENEFITS A_ Holidays - 1_. Scheduled holidays. The City Council establishes the holidays to be observed by the City for each calendar year, subject to modification by any applicable MOA_ Generally, the City observes. as holidays.those'days .proclaimed by the President of the United States, the Governor of the State of California, and /or the Mayor of the-City of Rohnert Park lobe public holidays. Additionally, the City usually observes any day declared by the Governor to be a day of mourning or special observance for State employees_ .2_ Weekend: holidays_ Generally, when a holiday falls on a Saturday, it shall be observed on the preceding Friday_ When. a holiday falls on a Sunday,: it shall be observed on. the following Monday. if a. holiday falls on an employee's regularly scheduled day off, the applicable memorandum of try OF ROHNERT PARK Page 8 of 39 Personnel Rules and Regulations . CITY OF ROHNERT PARK .Personnel Rules and Regulations agreement will determine whether the employee is paid holiday pay or given compensatory time off- iI any outtine.of conditions of employment or memorandum of agreement conflicts with this subsection, the provision of the conditions of employment or memorandum of agreement will prevail - 3- Holiday pay. Regular .fult -time and regular part -time employees are entitled to receive time off with pay at their regular rate of pay for the holiday- Regular part -time employees receive either 50% or 75% of the holiday pay as determined by the number of hours per week the employee is normally scheduled to work. An employee who resigns may not select a holiday as the employee's last day of employment_ 4. Required work on holiday_ An employee whose job performance is essential to maintain public services may be required to. work.on a holiday: In such cases, the applicable MOA Will specify the pay and/or benefits received for the work performed on holidays, B_ Vacation - 1_ Vacation policy- All regular full -time and regular part -time employees are entitled to vacation time off work with pay_ Eligible regular part -time employees accrue vacation at the rate of 50% or 75% of the allotment established for full -time employees as determined by the number of hours the part -time employee is regularly scheduled to work, Eligible employees will accrue vacation from the date -of -hire but may not take accrued vacation until the completion of six (6) months of continuous service_ However, upon completion of six months of service, he/she will be eligible to request a scheduled vacation_ This vacation policy is subject to modification through an applicable MOA for represented em ployees_ 2. Vacation accrual_ Vacation accrues for regular full -time employees according to the following schedules established in the .applicable .MOA's or .Outline of Be Confidentraf Units_ nefits for the Management and . 3• Use of vacation_ An employee's scheduled vacation must be a p *supervisor. The - smallest amount of vacation time that may be used is % hour (15m nute )y Anfindividual may have unused annual vacation leave carried over to the following, calendar year_ If maximum accrual is. reached,. ,further vacation accrual will stop - When the employee uses paid vacation time and brings the available amount below the cap, vacation accrual will resume at the regular monthly accrual. The City may make an exception to the vacation accrual cap in. extraordinary circumstances where, due to the requirements of City service, an .employee is required to forego a vacation during.. the particular . calendar year_ fn such cases, the affected employee may apply to the Personnel Officer to increase his or her vacation cap by the number of days the employee was not permitted to -take as vacation days. The Personnel Officer may, in his or her sole discretion, grant such requests from time to time_ 4_ Vacation at termination_ Upon . termination, an employee shalt receive a lump sum payment for fhe balance such need vacation hours Payment for unused vacation shalt be made at the rate of pay:in effect. for such employees at the time of termination_ When termination is: caused by the death of the employee, pay for - unused vacation shall be paid to the same beneficiary the employee has designafed for Life Insurance benefits_ Beneficiary designation otherwise, . shall be in writing, signed . by employee and fled with the, Finance Department, Payroff Office_, .Vacation accruals are not paid to employees who are employed by the City less .than six months. 5.. lXcuf o falling during vacation_ Vtfi�en a day designated and observed by the City as a holiday occurs on, a day on which an employee is taking ,vacation, such employee, shaft not be charged as using vacation for that-day- The employee's compensation for. that day shall. be t be c he/she shall not be y y pay and Pan or charged for vacation_ This holiday policy is subject to. modification through an applicable MOA for represented employees- tTY OF ROHNERT PARK Page 9 of 39 ersonnel Rules and Regulations CITY OF ROHNERT PARK Personnel Rules and Regulations 6_ illness during vacation- Ilan employee becomes ill or is injured white on vacation, the time off will still be counted as vacation lime and not sick time_ 7_ Vacation accrual during leave of absence. Employees who are off work on a paid leave shall continue to accrue vacation during the leave period- Employees who are off work on an unpaid leave shall no longer accrue vacation after ninety (90) calendar days. C_ Sick Leave - 1. Eligibility_ Regular full -time and regular part -time employees are eligible for sick leave in accordance with the applicable MOAs_ Unrepresented, confidential, and management employees' eligibility for sick leave is specified in the applicable City resolution outlining their conditions of employment, benefits and salary adjustments. 2_ Accrual_ Sick leave shall be accrued in accordance with the applicable MOA's or Outline of Benefits for the.Management and Confidential Units. 3. Use of sick leave. a_ To qualify for sick leave, the employee must report his /her i lness or injury to his/her supervisor at the beginning of any sick leave period and daily thereafter unless otherwise arranged_ The supervisor may require a written statement from the employee's health care provider' verifying that the employee is or was incapacitated and unable to perform his /her duties_ Any absence of five (5) days or more for, sick leave will requir.e.a certification from a health care provider- b-- Sick leave may be taken for an employee's. personal, non - industrial illness or injury_ Additionally, the. employee may use up to one -half his /her yearly paid sick leave accrual (based on calendar year) to attend to an illness of a child, parent, spouse, or domestic partner of the employee or the child of the employee's domestic partner.. c_ An employee may use sick leave for medical examinations and appointments provided, however, that such leave time may be limited to four (4) hours in any one Working day, at the employee's supervisors discretion. d_ An.ernployee requesting to use paid sick -leave must specify whether the use is for llness:or.to care for a family member. In the event that an-em personal . pbyee e�ihausts his /her paid sick leave, he /she may be entitled to additional unpaid leave under the Family and Jvtedical Leave Poticy- e_ Any employee who is absent from work on sick leave shalt not engage in work. or other. activities at anytime that would be in conflict with the inabifity to report for- work and to perform the duties assigned_ If an employee violates this policy, appropriate disciplinary action .Ml 1>6 taken_ 4_ Sick leave: accrual during leave of absence. Employees who are. off work on a paid . leave shalt continue to accrue sick leave during the leave period_. Employees who are off work on an unpaid leave shalino longer accrue sick leave after ninety (90) calendar.days_ 5_ Accumulation_ Accrued sick leave may be accumulated to the limits described in -1he. applicable Membrandurn of Agreement_ &_ Sick leave and Workers' Compensation disability payrrients_ An employee receiving temporary disability payments under the Workers' Cor»pensafiorr Laws; may use accumulated sick leave in order to continue to maintain his /her regular income_ Under such circumstances, the employee shalt be paid (out of his or her sick leave balance) the difference between his /her fun salary in proportion to the amount of his/her full salary paid by the City:during such period of disability_ CITY OF R01-INERT PARK Page 10 of 39 Personnel Rules and Regulations CITY OF ROHNERT PARK Personnel Rules and Regulations D_ Bereavement Leave - 1. In the case of death within the immediate family of an employee, the employee shall be entitled to three (3) days of paid leave. An additional two (2) days of sick or vacation weave may be taken upon approval of the employee's supervisor if the employee must travel out of .the area (at least 250 mites one way)_ 2_ immediate family in this case means: spouse, domestic partner, father, father - in-law, mother, mother -in law, brother, brother -in -law, sister, sister -in -law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent -in -law, grandchildren and relationships in loco-parentis and close personal relationships, with the approval of the City Manager or his /her designee. The employee's supervisor may require proof of death of the person(s) for whom the employ taking bereavement leave_ ee is -_ Military Leave - 1_ Eligibility_ The City grants military leave to all employees for service in the uniformed accordance with federal and state law. services in 2_ Notice: The employee must notify his /her supervisor of upcoming military duty at soon as he /she becomes aware of his /her obligation and provide a copy of his/her military orders. 3_ Compensation_ Employees on temporary military leave will be paid their normal salary for the first thirty (30) calendar days while engaged in the performance of ordered military duty_ Pay for such pueposes shall not exceed 30 days in each fiscal, year_ If the employees milit days, the ary leave exceeds thirty Gity will continue to.pay the difference between the employee's normal salary and the.. of his/her military .compensation if the employee is called to active duty as a result of a total of emergency, war, or as "necessary for homeland security as. declared by the President of the United States, Secretary of -Defense, Secretary of Homeland Security or the Governor of California-, in such cases, the. employee shall sub mit his/her military earning statement. to the Finance Deartment- Payroll OfficfY to. assist in calculating the employee's salary _ to no event witf the employee be. compensaled in excess of. hisiber normal City salary. All other military leave is unpaid excepf where necessary to maintain exempt status under. the Fair Labor Standards Act. Employees may elect to use any other accrued paid leave time (e.g_ vacation) during unpaid military leave_ Employees will receive any merit and /or general salary increases fo during military leave_ e r which they become. eligible 4. Benefits_ a_ `: Health insurance_ All health insurance benefits will remain in place while the em ployee is in.a paid military leave.status as indicated in Section 3 above_ For employees in a non -pay status, all health insurance benefits will continue for a period of 12 workweeks on the same terms and conditions as if the employee were not on a leave.-of absence* 12 workweeks world be calculated based on the_beginning of non -pay status_ Thereafter, the employee has the option to continue- .his/her.hezilth plan benefits, at the employees expense, for up to eighteen months_ For employees both- in.a paid and unpaid status, the benefits shall be the City's appGeable :agreements, outlines, rules, policies and prova<fed in accordance with federal taws. Such benefits may be subject to individual plan Provisions- b-. dares and all stale and Pension plan benefits. During any-period of paid leave, the City witl pay the employer and, employee contributions to CatPERS_ Additionally employees returning from rrrilitary leave are. en[itted_to fiensiQnbenefrts that accrued during military service an to any CatPERS contributions TY OF ROHNERT PARK 'rsonnel Rules and Regulations Page i 1 of 39 :ITY OF ROHNERT PARK 'ersonnel Rules and Regulations that would have been made if the employee had not .been absent due- to military leave. Military leave is not considered a break in service for purposes of pension benefits_ c. Vacation benefits. Vacation benefits continue to accrue during paid military leave- Employees returning from military leave are entitled to begin accruing vacation at the rate the employee would have attained if the employee had not taken military leave. d_ Seniority_ Employees returning from military leave are entitled to the-se niority and other. rights and benefits determined by seniority that they would have attained with reasonable certainty had the employee not taken a military leave_ Reinstatement. Employees will be reinstated, in accordance with all applicable. laws. Upon completion of military leave, the employee is required to furnish the Human Resources Department a copy of his /her military separation document_ Reinstatement will not be denied or delayed if the information does not yet exist or is not readily available, however, the employee is required to provide the information as soon as it is available_ Reinstatement will be denied only when legally permissible. Federal law provides for the following reinstatement period: a. For military leave of less than 31 days, the :employee must report for reemployment at the beginning of the first regularly scheduled workday Ihat would fall eight hours after he or she returns home, unless reporting within such time frame is impossible and then the employee must report as soon as possible. b.. For .military leave of intone than 30 days. but less than 161 days, the employee must report for reemployment within .t4 calendardays,following. completion of service, unless reporting within such time frame.is impossible and then.the employee must report as:soon as possible_ c_ For military leave greater than 1.81 days; 1Fre .erriptoyee must apply for reemployment within go days of completion of the service_ Family And Medical leave - Eligibility. Family and medical leave ( "FML ") shalt be granted in accordance withahe provisions of state and federal law. All employees who meet the eligibility criteria stated in #his policy are entitled to take an unpaid FML_ To quality for FML, an employee must have been employed by,the City for a period of twelve months and have worked for at least 1250 hours during the 12- -month period immediately. preceding the leave_ FML may be granted for the following reasons: (1) the birth of a child to an employee or placement of a child with an employee in connection with the-adoption or foster care; (2) to care for a child, parent, spouse or domestic partner who. has a serious health. condition;, or .(3) for the ernployeWs own serious health-coi idition.that makes the employee either unable.to work at all or unable to perform one or more Of the essential function's of the position'assigned. 2. Amount of FML _ Eligible employees are.entitled to FML totafng iwetve.(12) weeks within a 12 -month period_ The 12 =month period within which the leave must . be taken begins on the date the employee's leave begins and concludes 12. months after. that date: This leave . shali. be concurrent with any disability.. leave associated with pregnancy, childbirth; or related pregnancy conditions as provided in the City's Pregnancy.Disability Leave (P ©L) Policy_ 3_ intermittent leave_ When medically.necessary-(as certified by a health care provider), leave may. be taken on an intermittent or i educed leave schedule_ . "Intermittent leave" is' leave taken in separate blocks of, time due to a single event, rather than for. one continuous period' of time;. and may. include periods .of not less than 1A of an.hour and up to several weeks_ The City may require an employee %ITY OF ROHNERT PARK Page 12 of 33 'ersonnel Rules and Regulations CITY-OF ROHNER7 PARK Personnel Rules and Regulations who is on a reduced work schedule or intermittent leave to tern porarify transfer to an alternative position, with the same pay and benefits, if the alternative position better accommodates the required work schedule than the employee's usual position. 4. Notice of leave. An employee must provide at least thirty (30) days advance written notice of the need for FML whenever possible. If thirty (30) days notice is not possible, the employee must give notice as soon as possible: If the employee fails to give thirty (30) days advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to Postpone the leave until at least thirty (30) days after the written notice was received_ 5_ Statement of health care pro- rovider. When the leave is for a serious health condition, a health care Provider must provide written. certification to support the request for leave. The statement for an employee's serious health condition shall specify the commencement date of the. event which prevents the employee from performing the functions of his /her position, the anticipated duration of the leave, and a statement that the employee is unable to perform the essential functions of his or her position. The statement for the employee to attend to a family member shall stale the date of commencement of the serious health condition; The probable duration of the condition; an estimate of the amount of time that the health care provider believes the employee needs to take in order to care for the family member; and that the serious health condition warrants the participation of the employee_ If the FML request is for the employee's own serious health condition, the City may require, at its expense; a second opinion from a health care provider designated by the City_ The health care provider designated by the City will not be one who is employed on a regular basis by the City_ If the second opinion differs from The first .opinion, the City-may require, at its expense, that the employee obtain a third opinion by a health care provider approved jointly by the City and the employee_ The .third opinion shall be considered final and binding on the City and the employee_ A new statement from to the Leave a health care provider may be required if the employee requests art .extension requested in the original statement: The City does not require the certification disclose the underlying diagnosis employee. without consent from the 6. Pay during Leave_ FML is unpaid except to the extent the employee elects to substitute accrued paid Leave lime_ An employee may use accrued . sick leave when the FML is for the employee's. or the employees family member's serious health condition_ An employee may.subslitcite. accrued vacation leave, compensatory tirrie off and /or paid administrative leave for any FML. The substitution of "paid leave time does not extend the 12 -week maximum leave time_ 7_ Insurance benefit premiums during FML An employee is eligible for the same insc►cance benefits and premium payments for each benefit during FML 'as if the employee were not on leave, for a maxirnum 'of twelve (12) weeks. An employee on unpaid leave beyond the twelve (12) weeks is no .longer considered on -FML and; therefore, if the employee wishes to continue health ins ure_ nce coverage he or she may do so at his or her .expense, at the "Citys group rates. The em arrange for payment of his/her premium contribution, in advance_ A lapse in insurance cove ae must.: occur if a premium payment is more than 30 days late. ge will 8. Other benefits during FML During any portion of FML for which an employee substitutes other paid leave benefrts, the employee Will continue to accrue paid leave benefits (ce., sick leave, vacation leave); seniority, and other benefits to the same extent that the employee would accrue ihose`benefds if not on FIVfL. Employees on FML are not eligible for holiday pay (e_g paid icx holidays worked) for holidays that fall during FML 9_ Reinstatement: Except as provided in Section 21.3.7, an employee who takes FML shall be eligible for reinstatement to the employee's .former position at the former rate of pay_ However, if. the' position TY.OF R014NERT PARK Page 13 of 39 rsonne[ Rules and Regulations ;ITY OF ROHNERT PARK 3ersonnel Rules and Regulations is not available 'due to business necessity, the City may instead offer the employee a job that. is comparable in terms of pay and duties. An employee retains the same right to employment as if not on FML. -if an employee fails to report to work promptly.at the e0 of FML, the employee will be assumed to have abandoned his /her employment unless addition at leave has been approved. 10. Reinstatement for key employees, if reinstatement of a -key employee causes a substantial and grievous economic hardship to the City, the City may deny reinstatement of the key employee to the position held at the time FML was requested_ A key employee.-is defined as an employee who is paid on a salary basis and is among the highest paid 10 percent (10 %) of all City employees as determined at the time of the request for leave- 1 1_ Statement regarding return to work_ If the employee takes FMC leave for his or her own serious health condition, the City requires a statement by the employee's health care provider that the employee is fit to return to his/her job_ 12. Other work_ The City shall take appropriate disciplinary action if it determines that an employee has engaged in other work during FML that is inconsistent with the employee's use of FML. 13. Definition of health care provider. A Health care provider as used herein means a person holding either a physician's and surgeon's. certificate under applicable California taw or an osteopathic physician's and surgeons certificate under. applicable Califomia. law or any. other individual duly licensed as a physician, surgeon, or, osteopathic -physician-' or surgeon in another state or jurisdiction who directly treats or supervises, the.1reatment of serious health conditions or any other person who meets the definition of others "capable of providing .health care services" as set forth in the federal Family and Medical Leave Act. and its implementing regulations_ G_ Pregnancy Disability. Leave - 1. Eligibility_ Any employee who .is disabled from working due to pregnancy, childbirth or related medical conditions is eligible for Pregnancy Disability Leave (PDL)_ 2. ..Amount of P.D.L. PD.L,will be allowed for the period of disability but not to exceed four (4) months (88 working days for.full -time employeees and pro-rata for part =time erhptoyees). PDL. may be Taken on an intermittent or reduced hour basis when determined. medically advisable by the employee's health care provider, e.g., for morning sickness, prenatal, doctor's appointments_ The smallest increment of time that can be used for such leave is 114 of an hour. The City may require an employee. who is on a reduced schedule or intermittent leave to temporarily Iransfer to an alternative position if the alternative position better accommodates the required work schedule_ 3. Notice of PDL_ Whenever .possible, an ernpioyee .must' provide of . feast thirty . (30) days advance written notice of the need for -PDL If thirty (30) days notice is not possible; notice must be provided as. soon as possible_ 4. Transfer privileges_ Employees who are pregnant or have a pregnancy- related medical condition may request. a transfer. to a less strenuous or= hazardous position or to less strenuous or hazardous duties,. -if such a transfer is medically advisable and' pan be reasonably accommodated_ Where transfers are made based on the employee's health needs, the employee will receive the pay specified for the alternate position, and /or duties.. . 5_. Statement by health care provider_ An employee requesting PDL shall provide .the Hurrian Resovrces Department with-.certification from her health care provider stating the antieip;aterf delivery date and'estimated dates and duration of the disability. if there is a-changei in diagnosis, and the dates are either accelerated or delayed, notification from the health care provider is required. UTY OF ROHNERT PARK Page 14 of 39 Personnel Rutes and Regulations CITY-01' ROHNERT PARK Personnel Rules and Regulations A health care provider's statement must be submitted verifying the need for pregnancy OF for transfer, stating the following_ disability leave a_ The date on which the employee became disabled due to pregnancy, childbirth or related medical condition or the date on which the need for a transfer became medically-advisable- b- The probable duration of the period or periods of disability or the need for transfer; and c_ A statement that, due to the disability, the .employee is unable to perform one or more of the essential functions of her position. without undue risk to herself and, the successful completion of her pregnancy, of that transfer is, medically advisable_ A new statement may be required if the employee requests an extension of time beyond that specified in the original statement. Any changes in the information contained in the health care provider's statement must be Promptly reported by the employee to the Human. Resources. Department, 6. Use of accrued leave while on pregnancy disability leave: An employee may use any combination Of accrued paid. leave during the duration of PDL The substitution of paid leave does not extend the maximum length of a PDL. 7_ Insurance benefit premiums during PDL An employee will receive the same insurance benefits and premium payments during PDL as if. the employee were not on leave', for a maximum of twelve (1.2) workweeks_ An employee on unpaid PDL beyond [his period may. continue health in or other benefit coverage at own her expense; at the City's group raEes_ The employee most arrange for payment of the premium contribution in: advance_ At ,apse..iri insurance coverage will occur if a premium payment is more than ao days late_. 8_ Other benefits during PDL_ During any portion of PDL for which an employee substilutes other paid leave benefits, the employee will continue to' accrue: paid leave benefits (i_e_, sick leave, vacation leave }; seniority, and other benefts`to the same extentthat ttie emp�oyeewoukl asick le leave. benefits if not on PDL. Employees on PDL are not eligible for holiday pay (i.e-'pay for holidays worked] for holidays that-faltduring the PDL 9_ Reinstatement. An employee who takes PDL shall be eligible for reinstatement to her former position at her former rate of pay_ However, . if the same position is no longer available due to business necessity, the City may instead offer a job that is comparable in. terms of pay and duties. If an employee faits to report to work promptly'at the .end of PDL, the employee will be assumed 'to have abandoned her, employment unless additional feave has .been approved. 10- Statement regardirig- return. to work_ The City requires an .employee returning. from PDL to .provide a statement a health care provider that certifies iheempfoyee's fitness for duty, 11. Other work. The City shalt take appropriate •disci Cn p ary cCton if it determines that an employee. has engaged in other work during a PDL that is inconsistent with the employee's use of PDL_ 12_ Definition of health care provider_ A health care provider as used herein means a person holding either a physieian:s and surgeon`s certificate under' applicable California law or an osteopathic physician's and. surgeons certificate Under a icable California law or any other individual duty licensed as :a Physician, ,sur e geon,. or osteopafliic physician. or surgeon in another: slaie or jurisdiction. who directly treats or supervises the treatment of serious health conditions, or any other person who meets the definition of others. "capable of Providing health care services" as Family and Medical Leave Act and its implementing regulations. set forth in the federal TY OF ROHNERT PARK >rsonnel Rules and Regulations . Page 15 of 39 3TY OF ROHNERT PARK 'ersonnet.Rules and Regulations 1. Work- Related lniury And llfness Leave - 1. Eligibility_ All City employees are covered by Workers' Compensation Insurance_ All regular employees are eligible for industrial sick leave as provided in the current applicable memorandums) of agreement_ 2_ Reporting accidents and injuries_ An employee who is injured or becomes ill in the course of employment must immediately report. the incident to the employee's supervisor_ The supervisor must provide an Employee's Claim. for Workers Compensation Benefits form to the injured ill employee ,for completion as soon as possible. Within 24 hours of receipt from the employee, the supervisor must submit the completed supervisor's report of injury to the Human Resources Department_ An employee who fails to promptly report a work- incurred injury or illness to his or her supervisor may be subject to . discipline, .up to and including termination_ 3_ Temporary disability benefits_ An employee eligible for temporary disability payments under. the Workers' Compensation Law will receive the amount as provided by that law. 4_ Salary continuation integration with accrued leave. Employees receiving temporary disability payments under the Workers' Compensation Law may elect to use accrued paid leave benefits at the same time they are receiving temporary disability,' but only up to'an amount which, when combined with temporary disability payments, does not exceed one hundred (100 %) percent of the employee's normal salary_ Accrued leave hours shall be charged to the extent of wages paid by the City to the employee_ 5_ Termination after work- cetated. injury or illness_ Unless otherwise prohibited by taw, an employee may be terminated after the treating physicians finding that the employee's condition is "perrrtanent and stationary" and that the disability precludes the employee from .doing the essential functions of the job 6. Anniversary date. A'regular employee who is -absent from work, as the result of a workancuned injury or illness -shalt retain his/her anniversary date. An employee who has not completed the. probationary period is ineligible for certification to regular status during leave for a work - related injury or illness and the date for completion of the probationary period will be extended to reflect the amount of time.absent on such leave_ Witness Duty An employee who. is required to appear as a witness or to otherwise participate on behalf of the Gty in any. judicial or administrative proceeding shalt receive pay as though at work for time spent in the proceeding. The employee must remit any witness fees received to the Finance Department, Payroll Office-. An employee subpoenaed to appear in a proceeding in which -the City is not a party-shall b - .leave without pay during the time required for that appearance, except where necessary .to maintain the employee's exempt status under the Fair Labor Standards Act. The employee may use accrued vacation, -administrative leave or compensatory time for this purpose_ J. Jury Duty - All regular and probationary employees called to .jury duty will be granted a paid leave_ A copy of th jury summons must be given to the Human Resources Department_ The employee shall receive full pay for the time served on jury duty, provided the employee remits to the City all fees as soon as. received by the employee for.such duties_ Compensation for mileage or subsistence allowances shall not be considered as a fee and shall be ietaitned by the employee. CITY OF ROHNERT PARK Page 16 of 39 Personnel Rules and Regulations CiTY-0F ROHNERT PARK Personnel Rules and Regulations All other employees will be granted leave without pay except where necessary to maintain the employee's exempt status under the Fair tabor Standards Act. If an employee is required to report to jury duty within 2 hours of the scheduled start of the workday, the employee is not required to report to work at the start of the workday, but shall report direc #ly to jury duty_ e I an employee is released from .jury duty with more than one -half of his /her workday remaining the employee is required to report to work to complete the regularly scheduled workday_ K_ Unpaid Administrative Leave e _ I. Eligibility. Upon written request of an employee, the Personnel Officer may approve in writing an unpaid leave of absence without pay for a period not to exceed six (6) months. 2. Reason for leave_ Unpaid Administrative Leave will be granted for the following purposes: a. School visit leave. An employee who is a parent, grandparent, or duly appointed guardian with custody of a child in .a licensed day care facility or in kindergarten through 12 "` grade will be granted up to .40 hours in a 12 -month period (not to exceed 8 hours in one month) to visit the school site, if reasonable prior notice is given to the Personnel Officer_ Additionally, a parent, grandparent, or guardian of a child may take time off to a suspension of a child_ The employee may use accrued leave for connection with accrued leave is exhausted, the Personnel Officer may allow the employee .to work l alternative schedule to accommodate the leave or provide leave. without pay_ Written proof of the date and time of the visit signed by an appropriate required lobe provided to the Personnel Officer on return to the job. school official may be b. Voting leave_ Any employee, if he or she. does not Piave sufficient time outside of working hoots to vote, niay request up io two (2) hours of accrued paid leave either at the beginning or end of scheduled working hours to' enable the employee to vote_ If the employee, has no accrued paid leave, time off shat! be granted without under applicable state and federal wa pay except- where necessary to maintain exemptions ge and hour laws_ c_ Domestic violence leave. An ernpfoyee who is the victim of dorr►estic violence may take unpaid leave or use any available paid time off benefits.to ensure his /her health, safety or welfare, of that Of his /her child, by obtaining a temporary restrainin order, a r . assistance_ Additionally, an employee .may take9teave to seek tme�dileor °ther court treatment,. to Obtain net -essa psychological ry social services; and/or to participate 'in safety.. planning or take other actions. to increase safety- 'The employee:must provide reasonable notice of the need for such leave and shalt provide. evidence satisfactory to the Personriel.Officer of participation in one or more of the activities specifiecj in'the preceding sentence: l he amount of leave provided shalt be in accordance with tabor Code section.230_1. d_ Crime victim assistance leave_ . An employee who- the victim of a crime, -the immediate famit member of a victim, a registered .domestic partner of a,:victim, or life child of a regisiereii domestic partner of a victim may take an unpaid, leave or any available paid time off benefits t° attend judicial proceedings related to that crime_ e- Emergency duty and training.leave: Volunteer f refightersand other emer take an unpaid leave or use accrued leave to 9enCy Personnel may may take up, to 14 days leave ` Perform emergency .duty_ Volunteer firefighters per eatendar year to engage in training- The employee must Provide reasonable notice to the Personnel .Officer of the need for such:heave and shaft provide to the Personnel Officer satisfactoryevidence of.parlicipation in the. emergency duty br training- FY OF ROHNERT PARK rsonnel Rules and Regulations Page 17 of 39 3TY OF ROHNERT PARK •ersonnet Rules and Regulations Miscellaneous leave_ in addition to the leaves described above, the Personnel Officer may approve other requests for unpaid leave at hislher discretion_ _ Health Insurance. Benefits - 1._ Benefits- The City provides group medical, dental, and vision insurance to eligible employees and their dependents and domestic partners (effective January 1. 2005) as detailed in the. applicable MOAs and City Council resolutions outlining conditions of employment and benefts_ The Personnel Officer shall maintain records .of the terms and conditions of the health insurance and. other benefit contracts, benefit. levels, and administration procedures. More detailed information regarding these benefits is set forth in the official plan documents and insurance policies that govern the plans_ If there is any actual or apparent conflict between the brief summaries contained. in this policy and the terms or limitations of .official plan documents, the provisions of the official plan documents will prevail. Employees who wish to inspect those documents may make an appointment with the Personnel Officer for that .purpose - Due to changes in MOAs, terms, conditions, benefit levels and .administration requirements may be adjusted from time to time- 2- Commencement of benefits__ The benefits described in this - section shall begin the first of the month following the first day of employment or on the date -of -hire if it occurs on the first of the month 3. Health insurance waived by certain employees_ The City provides eligible employees alternative medical benefits when the employee has coverage from another source and the employee waives benefits under the City's plan_ These alternative benefits are described in Resolution No: 96 -203_ 4_ C_O_B.R.A_ The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires. the City to offer employees and their efigibte dependents an opportunity for a temporary. extensiion -of -health coverage upon, separation of .employment or loss of dependency. status- The specific provisions and restrictions of the Act are available froriv the Human Resources Department_ M.. Miscellaneous Ernptoyee.Benefits - 1- Disability wage plan_ The City provides a disability wage plan to regular .full time and part -time employees. Benefits and conditions of the plan are more specifically .described within the City's Disability Wage Plan document available upon request from the Human Resources Department_ 2_ Lopg = term disability insurance_ City provides long -term disability insurance to. regular fult- tim a .and regular part -time employees_ The purpose of. LTD insurance is to provide eligible employees ,with a percentage-of normal income when.an- injury or illness occurs on or off the job.. The City provides: two ' different LTD plans_ The terms of the specific plan can be found in the applicable MOA or applicable resolution outlining conditions. of work and benefits. The terms and conditions.6f this benefit may be modified from time. to time in the event that the City changes carriers_ When an employee, is _ receiving benefits from other sources, the total amount .of cornpensaton received by the employee, including LTD benefits, shalt not exceed one hundred percent. (100 %)of the employees. normal monthly income. 3_ Catastrophic leave program_ The catastrophic leave program provides additional paid leave time to eligible employees `suffering from .financial hardship and who otherwise meet the criteria of the program_ Please refer to Resolution 01 -270 for 6e details of this program: 4. Employee /Assistance Program (EAP). The City provides, at no cost to all regular fait =time and all. regular, 12- rnorith part -tirne employees, legal dependents, and domestic .par nets (per AB 205 effective January 1, 2005) an employee assistance program_ The program provides access to professional counselors and therapists to assist employees in resolving stress resulting-from personal issues, substance abuse, grief or work - related issues_ Any information provided to a counselor or . CITY OF ROHNERT PARK Page 18 of 39 Personnel Rules and Regulations CITY•OF -ROHNERT PARK Personnel Rules and Regulations therapist is confidential. No information is'provided to the City regarding an eligible member's use oi.. the EAP_ To make an appointment with a counselor call Cigna Behavioral Health at (888} 371 -1125_ For more information, contact the Human Resources Department_ 5_ Health Care Tax -free dollar account program_ This program allows permanent full -time or part -time employees to set aside a: maxirrium of $3;000 per calendar year of before tax wages for medical premiums, co- payments, or . out of pocket medical costs, as. authorized by the Internal Revenue Services and the California Franchise Tax Board_ A regular employee becomes eligible on date e of hire_ Employee participation in this program is coordinated through the Finance Department. The tax deferral limits are subject to change due to changes in federal and /or stale law. ti_ Dependent Care Assistance program- This program allows eligible full-time or part time employees to set aside a maximum of $5,000 per calendar year before lax wages for child care expenses as authorized by the Internal Revenue Services and the California Franchise Tax Board. A regular employee becomes eligible on date of hire_ Employee participation in this program is coordinated through the Finance Department_ The tax deferral limits are subject to change due to changes in federal and/or state law_ 7_ Deferred income program_ The City participates in a deferred income program now being administered by National Deferred and ICMA_ ' This program allows eligible full -time or part-time employees to set aside a maximum of $13,000 per calendar year ($14,000 in 2005, $15;000 in 2006) of before tax .wages for. post - retirement income as authorized by the Infernal Revenue Services and the California Franchise Tax Board_ A regular employee becomes eligible on date- Employee Employee Participation in this program is coordinated through the Finance Department_ The tax deferral limits are subject to change due to changes in federal and /or state law. 8_ Hepatitis B program- Below. is an. explanation of the City's Hepatitis B Program_ Employees "who rnay. have to perform .first aid as a regular job duty or are in expose them to bodily fluids need to be offered the Hepatitis B Immunization Program per the City's t Blood -borne Pathogens Program_ These job classifications are: Public Safety Officer PwS_ Sgt_. P-S_ Lt_ P_S- Division Commander Director of Public Safety Community Services Officer Evidence Technician Property Specialist Vol. Auxiliary Firelighter Reserve Officer Seasonal: Mairnlenance.Assistant Maintenance Helper Maintenance worker .l Maintenance Worker it 'Public Works Services Supervisor Recreation .Supervisor ththhave.t the pre - employment physical, the candidate has. a. blood test, tharlets the City know if they have the Hepatitis ,B antibody_ At the employment orientation . Human Resources. Qepa now if provedes the.new employee (if they are in one of. the jobs classes fisted abavej information on'what Hepatitis B is and a check -off form, . which indicates whether or not they wish the 3 -shot immunization program- Human Resources (HR) logs in the employee's response in its safety records_ N OF ROHNERT PARK •rsonnel Rules and Regufations Page 19 of 39 . ATY OF ROHNERT PARK 'ersonnel Rules and Regulations Employees who wish the'3 -shot Hep_ B series go get their shots,. inform HR when they received each shot, and.turn in their receipt for reimbursement Employees with Kaiser insurance can get them free of charge through Kaiser as preventative care and necessary due to.their job class. Employees with Blue Cross insurance are instructed to .get their shots.at the County Health Dept_ and submit their receipt -for reiriibursement- It is important that the employees not miss an appt_ for a shot as they might have to repeat the series. There are specific timeframes for each shot If an exposure incident occurs at work, under workers: compensation, the City has the employee tested and if necessary they are given a Hep- B booster shot for additional protection_ SECTION 4 - iN -HOUSE RECRUITMENT V Transfer If an employee is qualified, the Personnel Officer may approve the transfer of an employee from one, position in the City to another. position in the same class or to another. position in a different.class with the ame maximum salary- 1 _ Types of transfers. a, Voluntary. request for transfer initiated by department supervisor and /or employee: b_ Involuntary transfer initiated by the Personnel Officer to better serve the needs of the City. c_ Transfers for disciplinary reasons are subject to the provisions of Section 8_ d. The Personnel Officer may transfer an employee tb a class with a lower maxiinuni: salary. with the consent of the employee, provided the employee possesses .the' desirable quatifications for the position to which he/she reassigned_ 2. Process for transfers_ Transfer process and approval is made as foliows= a_ At feast two weeks prior to the transfer, a notice, will be 'sent to the affected employee(s) and bargaining unit(s) stating the nature of the transfer and an explanation as to why-the transfer is necessary_ b_ The employee has a right to respond. in writing within five (S) workdays from date of notice, c: The employee has a right, through their bargaining unit, to file a grievance withiri.the'time. fruits established in the grievance procedure_ B_ Promotion — Z_ Qualifications_ .A person may be moved to a class with a higher maximum salary WY O. h0she has the desirable qualifications for the higher class- These desirable quatifxtions are aseertairied on the .basis of .information obtained from application forms; tests, examinations, interviews, past peiforrriance. reviews or evaluations, andfor input from an employee's supervisor. 2_ Iritemallexternal.recruitment_ In filling vacancies for positrons above entry-level, consideration wilt first be given to existing City employees- However,. the Personnel Officer may, recruit from .outside when the Personnel Officer determines that appropriately quaCdied City employees are not available:to iin the vacancy_ .The.City reserves the right-to. conduct art open recruitment process :ta fill"- vac ancy in a higher-level position or to fill the vacancy by ,advancement of a qualified employee that currently occupies a towet -level position- CI TY OF ROHNERT PARK Page 26 of .39 Personnel Rules and Regulations CiTY OF ROHNERT PARK Personnet Rules and Regulations 3_ Request for eligible employees: When a vacancy occurs, the Supervisor may request a list of names of persons in City. employ who qualify for promotion to the vacant position for co from the Human Resources Department. nsideration 4_ Determining pay for promoted employees_ Refer to Section 2 - Pay Plans and Corripensation, Part B, Section 3. .Trainee Program - In an effort to provide upward mobility opportunities for current City employees and -to provide employment opportunities to the general public, the Personnel Officer can add the word °Trainee' to any classification, within the financial ability of the City, except those represented by a bargaining unit, employed by the City and to recruit and select individuals to fill positions as deemed appropriate_ 7_ The training program provides an opportunity for a current employee to gain additional skills by_ a. additional experience in a different classification b_ additional schooling; c_ completion of an appropriate examination; d_ obtaining a State certificate or license in a specific classification. 2_ Recruitment for these positions may be promotional or open as deemed appropriate by the Personnel Officer and the initial salary would be up to thirty percent (30 %) below the beginning of the established salary range_ 3_ Transition from trainee classification may occur as early as six (6) months. bul no later than two (2) Years from the dale .of. appointment_ Minimum qualifications for the'. transition_ Transition may occur u position musU.be attained -prior to Y upon recommendation of the Supervisor and approval ' of the Personnel Officer. Apprenticeship Program - The City may establish an apprenticeship school district, Sonoma State Unive program in partnership with a local rsity, Santa Rosa Junior College, or an accredited trade school- This program would-be conducted in cooperation with the applicable bargaining units_ Probationary Period_ The probationary periods set forth in Section S also placements apply. to all resulting from the in -house recruitment process. SECTIONS- RECRUITMENT PROCESS Announcement of Vacancies - Notices of employment opportunities in the City win be first announced in house, via electronic. snail, allowing current employees the opportunity to apply for the :position_ The announcement will also: be posted iii the City offices and publicized in any other ways necessary-to attract the best qualified candidates_ _ t_ Open recruitment_ The Personnel Officer has the discretion to begin o employ when helshe knows that the City does not have employees with threcruitment equi edknowfedge skills_ or 2_ Notices_ Such notices list the classes in which vacancies are anticipated, range; fringe specify the class title, salary nge benefits; the: nature of work. performed. and the qualifications .required for, employment in the class, tell when and where to file applications for employment, and give information about the testing, scoring and selection procedure to be used rY OF ROHNERT PARK Page 21 of 39 rsorinel Rules and Regulations TY OF ROMERT PARK :rsonnel Rules and Regulations Applications - Every applicant responding. fo a City. recruitment shallfile:an official City application form_ Applications shall be available in the City's- .Human Resources office_ Applications and, supporting documentation filed with the City are the property of the City- Any information on the application will not be made public- 1. Application form. The form by which a person applies for a position with the city is prescribed by the Personnel Officer and requires information about the.applicantIs training, experience, qualifications and any additional information the Personnel Officer deems pertinent to an evaluation of the applicant's fdness for a position_ 2. Deadline for filing applications. Appliicatioris and all required documents must be filed in the Human Resources Department on or before the final, filing date and time specified in the position announcement. 3. Rejection of applications_ The Personnel Officer may disapprove an application, disqualify an applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed: a. lacks any of the requirements established for the examination or position for which application has been made; b_ excessively uses narcotics and/or 'intoxicating liquors to the extent that they are unable to perform the essential functions of the position; . c- an employee that is not physically and/or mentally able to perform the essential-functions of the job, with or without reasonable accommodation; d. has made any .false statement or omission of. anysignificant fact, or has practiced or attempted to practice deception or fraud' in 'the- application,:.. declarations, or m securing eligibility or appointment; e. has directly or indirectly obtained information. regarding the contenUof an examination to which an applicant is not entitled; i. previously been dismissed for cause from apy public or private employriri`ent or resigned to avoid such dismissal; g_ has failed to submit a complete and/or signed application within the specific time limits; h_ has failed to reply within five . {5) working' days from the .date mailing; to communications concerning availability for employment; i_ has made himself/herself . unavail Iite .for.. employiitent . [iy requesting that 'his/her name be withheld from consideration: j. for any material cause, which; in. the judgment of the :Personnel Officer; vvoutd.render.the'applicant unfit for the Particular position; including a prior resignation from City services accepted: with prejudice_' 4. Criminal convictions-. .Convictions (inducting pleas of guilty .and polo contend ere) may disqualify an applicant from empbyrient by Ehe City_ Crirnirial convicti6m do riot necessarily disqualify individuals from, employrreent with the City:. In detetmining u�fiether an ihdiv'idual'with a conviction is disgbalified, the Personnel Officer will cohsider the following factors_ a_ the employment classification to which the person is applying, including its sensitivity, -1TY OF ROHNERT PARK. Page 22 of .39 'eesonnel Rules and Regulations.. CITY OF ROHNERT PARK Personnel Rules and Regulations b_ nature and seriousness of the conduct,. c_ the length of lime since the conduct, d_ the age of the individual at the time of conduct, e_ circumstances surrounding the conduct, f_ contributing - social or environmental conditions, and g_ the presence or absence of rehabilitation or efforts at rehabilitation. 5_ Employment of relatives_ A position within the City will riot be filled.. by an individual, where that individual would be subject to supervision, evaluation, discipline, or decisions.regarding compensation by a close relative- No person will serve in a department where the Supervisor is a close relative or in a division where the division head is a close relative_ For a definition of `clos glossary of terms at the conclusion of these rules e relative," see the 6. Notification of disqualification - If an applicant is deemed disqualified for art of the above reasons, the Personnel Officer will notify the applicant or eligible in writing at his/her fast known address, of the action taken. An applicant has the right to respond orally or in writing within five (5) working days from the date of mailing to the Personnel Officer, with no further right to appeal_ Selection Procedure -The method used to select employees shall be impartial and shaft relate to those subjects which fairly measure the abilities to execute the duties and . responsibilities of the classification. in which the vacancy exists_ Selection procedures constsCof one or more of the methods listed below_ The same method shall be. applied equally in a single examination_ 1- Application_ Information-the applicant supplies on the City's application - form, ar>i# any at(achri)ents thereto vvitl be reviewed under, the supervision of-the .iuman Resources Assistant or fiisther designee and the applicable department supervisor_ The same criteria and point system is utilized for all applicants for the same position. 2_ Examinations_ The selection techniques used in the examination process wilt be impartial;. practicai; and related to those subjects which fairly measure the relative capabilities of the applicant examined to execute the duties and responsibilities of the .class. to. which they.seek to be appointed, Exariiiriatio - -- - -- may consist of but are not.limifed to; such techniques as written lests,,persona; interviews; .sk is arxi performance tests; assessment centers, review of. performance evaluations, evaluation of.daily.:wofk, perfom�ance, evaluation of work samples_ 3. Documentary .evidence. Appticanis for positrons are required to "provide documentary evidence of education; training,- or experience_ The City reserves the right to re�fest ttxe skill. level. of any applicant. Q- Scoring and rating- The Personnel Officer will establisii.ihe relative weights of:examinafion: arxf other components of a position_ The basis of tfie final score will be included -in .the job announcement_ Scoring and rating systems maybe numerical or. non- ni�merical.as Personnel Of determined by the Officer- .a- Appointment preference on open /promotional recruitments will be exierided to any regular -City. employee_ Regular city employees will be granted the foltowirrg scoring prefereiice_ 1% for:each year of service, with a maximum preference of -10%_ Depending on me scoring established for the classification recruitment, the preference may. be .expressed as an additional percenfage or additional points_ " See example below for detailed explanation_ "OF ROHNERT PARK Page 23 of 39 ersonnet Rules and Regulations :ITY OF ROHNERT PARK 'ersonnel Rules and Regulations ' PERCENTAGE EVALUATION (sample) Employee's Total Score '80% Years of City Service as.a Regular Employee = 10 (calculates to an additional 10 %) Employee's Adjusted Total Score = 80% + 10% = 90 %' POINT EVALUATION (sample) Employee's Total Points ='175 out of a possible 200 Years of City Service as a Regular Employee 10 (calculates to an additional 20 points 1200 x 10% = 20) Employee's Adjusted Total Score = 115 + 20 = 195' 'The combination of an employee's performance in the examination process and years of service may give the employee a' higher score than the maximum possible; In such a case, the employee shall receive the actual score_ calculated above ,the maximum and be ranked accordingly: Specifically, for the examples listed above, the employee achieving the maximum score on the percentage evaluation would receive a total score of 100% + 100/6 _ .110 %, and on the point evaluation receive a total score of 200 + 20 = 220_ b_ In accordance with Resolution 2001 -271, the City does not grant preferential status to any select group of persons when applying for a position- ). Interview Process - 1. Intery iew boards_: ,The Personnel .0fficer will. assemble and appoint interview boards_ These boards may be: eorr )prised of .private citizens;- experts in the:.ft Id, members of another agency, City officers_, City employees. and /or'bargaining.urtit representatives_ 2. Interviewers reniiarks. Interviewers mark::owforms.provided the degree:to which,:in their judgment;.` each candidate possesses, the - desired cjualifi tions_ The interviewer's remarks will be translated into a numericat.score. Scdiing.sheet and interviewers' remarks are confidential_ _. Eligibilit'y Lists - After each selection procedure has been completed,' the Personnel Officer or his/her designee will prepare an etigibility,list containing the names of applicants who qualify for appointmenl to positions in a particular class 1 _ Ranking_ Place the names of the.quatrfred applicants ( "eligibtes") on the eligibility list in the order of their final ranking; as. determined. by-the-.selection:process, with the - highest.. rated eligible at the top of the fist. If more than one person has the sane score, the names wiill be placed in alphabetical order ' 2_ Duration. of List_ The eligibility, -list :remains in .effect for a period of'-six (6) months, untess the Perscinne! Officer ex lends it is period .for;a period h t.to exceed. (1 }.year: The P.ersonnet Officer can reduce the period if the list contains less than 5 names_ In'the:event of early cancellation of an eligible fist, the Personnel Officer Wrrtl tify:.each person,.whose. dame appears on such list to: this. via MR, to hisAier last known address, This.notice is to krAide an exptanation.as to why the time frame . has been changed: 3_ Removal from list. An applicant may be removed from a given eligibility list by the 'Personnel Officer for any of the following reasons: a_ appointment to. the dassficatioo for whictr the eligible list vuas originalITestabli .shed; b_ request by the applicant for removal from the list,. c_ failure to continue to meet any of the minimum standards established for .the position for which the eligible list was prepared; CITY OF ROI-INERT PARK Page 24 of 39 Personnel Rules and Regulations ;ITY OF ROHNERT PARK personnel Rules and Regulations d- failure to contact the Personnel Officer within five (5) working .days from the date of notice of an interview or offer of appointment; e- determination by the Personnel Officer that the applicant has violated one provisions of Section 5_B_4- or more of, the 4- Vacancies_ When a vacancy occurs in a class for which there .is an eligibility fist,. the Personnel Officer will . transmit the names, and ,all supporting documents, of an candidates with the top five ranking scores on the eligibility list to the Supervisor for consideration- -- Appointment Process — All appointments to position vacancies .watt be made in accordance with these rules and regulations_ The power to .appoint and dismiss City employees is vested in the City Manager {Personnel Officer)- t . Vacancy- The vacancy wilt be filled by appointment of an -eligible candidate from an appropriate eligibility fist, except as provided in 2 below- 2. Exceptions- a_ No eligibility list. The. Personnel. Officer may make a provisional :appointment there is no eligibility list or the class'. and if..the needs. of the, service re to a position if quire that the position be filled before a selection process can be.compteted_ Aprovisional appointee must_ i- Meet the requirements of training and experience established for the position; ii- Not continue for more than thirtypo} days .jn'ttte Provisional appointment after an eligibility list for the position has been established..rinless.there are' no eligibles. on suet► eligibility fist who are available for or who wish`to be considered fo appointment to the position; lit, The Supervisor may. submit .a written. regrresvand justification to the Personnel Officer to . extend the provisional .appointment iii : six (6.) rrzonth increments_ No rriore than two (2) extensions may be granted for each provisional appoiritirienf_ b. Emergency_ In an emergency which threatens 'life; prof ty, or the: operation .of necessary municipal services, the Peisonnel.Officer'may- employ an individual not on the eligibility fist for not more than thirty (30) calendar days- 3- . Pay- A new appointee shall receive the minimum allocated, except that= teary .for the. class to which the position is i_ In cases of extreme difficulty .irt . #7fing,..a, position, -.the Personnel Officer may approve appointment at a salary above the mjnwwrn_. In s" cases aN incumbent ployees: in the class to which. the appointment is made shall . be planed on' at :feast the same step . of the satesry.range as the new appointee, or . H. In hiring exceptionally qualified personnel, the Personnel _ 'Officer may approve appointments at 'a salary above the rninimum for the class_ Conditional Offer of Employment - An offer of employment is contingent upon the resutis of the following= 1. Reference cheeks. Prior to conducting reference inquiries.a pros pectro sign a release allowing the City to acquire information .abou, t the a e employee will be required to applicant from former employers. lY OF ROHNERT PARK Page 25 of 39 ssonnel Rules and Regulations ;1TY OF ROFINERT PARK 'ersonnel Rules and Regulations 2_ Medical examination_ Applicants who have been offered a regular position with the City are required to participate in a pre - employment physical_ Each jolt classification has specific physical standards and are reasonably related to job requirements. The city -is notified only that the prospective employee is medically qualified, conditionally qualified or disqualified; no other medical information will be released_ 3_ Fingerprints and criminal background check. All persons employed by the City will be fingerprinted and taw enforcement records checked for past criminal convictions. Information thus obtained will be confidential_ Employment of, and continuation of service of employees with a criminal conviction must have the approval of the Personnel Officer as stated in Section 5.13.4_ H. .Probation Period - The purpose of probation is to permit the employer to observe the employee on the job and to evaluate performance_ Probation is part of the promotional, training, testing and selection process_ The probation period begins on the date of appointment_ It is the responsibility of the supervisor to communicate with the employee in regards to his/her progress_ 1. Duration of'period_ The probationary period is not less than twelve (12) months for miscellaneous employees, not less than eighteen (18) months for dispatchers, not less than eighteen (18) months for sworn Public Safety . employees, and not less than twenty -four .(24) months for Management employees_ Employees who receive promotional appointments must serve another probationary 'period of, at least six (6) months. for non - supervisory employees and twelve (1 2) months for supervisory employees (includes management classifications). 2- leaves of absence during probation. If an employee is absent from work for .longer than five (5).-, working days during the probationary.. period, the City may extend the probationary period an amount -of !!rite equal to. the days missed if necessary in order to properly evaluate an employee: 3- Extension of probation period- All efforts will be made to'suffrciently evaluate the probationary . employee during the assigned period. An extension of the probationary period may, however, be recommended by the supervisor and/or. Personnel Officer when cause exists_ If additional time is needed to evaluate the employee, the supervisor or Personnel Officer can extend the probationary period for an additional period riot to exceed. three (3) months_ :a- Extension of probationary period will be based on the written performance review. b_ The performance review will take place ten -(10) working days prior. to the end of the initial :Probationary .period. 4: Rejection during probation period_ During the probationary period, an employee-may be rejected at arty time for any reason, by the Personnel .Officer_ - Employees who are - 'dismissed during their probationary period have no right to hearing or appeal. Notification of -rejection rust be served to the probationary employee in writing_ 5. Promoted employees_ A promoted employee who does not successfully complete the probationary period will be reinstated to his-or her former position or to a comparable position. If, however, the ernployee is discharged for cause, the employee has no right to reinstatement_ 6_ An employee. who successfully completes a probation period achieves regular status in his/her. class and is known as a regular employee_ CITY OF ROHNERT PARK Page 26 6f'39 Personnel Rules and Regulations CiTY OF ROHNERT PARK Personnel Rules and Regulations SECTION z - SEPARATION AND REINSTATEMENT 4n employee may separated from emptoyment by resignation, dismissat, retirement; or layoff on account of ack of work or lack of funds_ The dismissal for cause of regular employees will be in accordance with the provisions of Section 8. Other separation procedures and reinstatement procedures are set forth below. 4_ Separation and/or Resignation -An employee wishing to resign is required to notify his/her supervisor in writing at feast. two weeks prior 10 their intended leave from City employment- Y P yment_ A copy of the written resignation will be given to the Personnel Officer and then placed in the..emptoyee's personnel file_ 1. An employee who -has resigned in v+Riting may withdraw his/her yes stated on the letter of resignation_ The withdrawal fetter wilt afro be placed in his/her tot net file date 2_ An employee who leaves employment without so filing a written resignation: and giving two (2) weeks notice, as required above, wilt have this fact noted in his /her file and may be denied future employment by the City- 3. Reinstatement - Upon application of a former regular employee, who has property resigned, the Personnel Officer may, at his/her sole discreti provided below: on, approve reinstatement of the former employee as 7 _ An employee separated from the City's employ .for six (6) months or less may be reinstated without competitive examination to the position held at date of-separation, or.to any other position within the same classification for. which the employee would .have. beery etigibfe at time of separation. Former regular full -time City employees returning to City service-within the six (6) month period will be granted the full benefits they were receiving at tune of separation as if there was no break in service.. 2. An employee separated from the City's employ for over six ,(6). niontts; who -is reinstated shalt be treated as a new employee. 3- The City will reinstate into the position4rorn which he /she has been promoted an during a promotion. to which he/she has'beern promoted- 4- emp{oyee who faits 4_ Any employee who resigns without. proper notice or resigns during an investigation or disciplinary action will not be eligible for reinstatement 5_ An employee who .is granted an authorized leave to which 'he or'she is entitled under a federal, state or Coca! law requiring reinstatement shall. be reinstated to his/her. former .position as provided by law_ Layoff - Whenever it becomes. necessary to reduce the number of employees due to lack of work, economic considerations, changes in missiok technologicat changes, or as determined by Jhe Personnel Officer based on other factors or when. a "Position- in. the ,classified. services .is to .be- .teiYiporarily or permanerntly.abolrshed, the Personnel Officer wilt: notify the Hurrran Resources'De .employees 10 be :Maid off . or the names and number° of ions Co be abotrs�ed_�Thenl:.th. number of procedures set forth below is'1b estabirsh.equitabte staiod4d to regtijale sic itayoifs The C d °asp to reduce its work force is a management right, thus no due Process or grievance pr the decision is not subject 10 "meet and -confer" requirementsr These grocet#urea educes apply' and employees (full or part time) and probatro_ p. PPIY only to regular many ernptoyees: (initiator 1/164s r) 1_ Identification. The PersonneI.Officer on.the basis of the adminisirative needs of the City determines the departments and positions subject to. layoff: 2_ Order of layoff= iTY OF ROHNERT PARK Page 27 of 39 °rsonnet Rules and Regulations �,1TY.OF ROHNERT PARK Personnel Rules and Regulations a_ .Within a classification, those employees who are probationary employees in their initial probationary period will. be laid oft first, followed by employees in a . promotional or transfer probationary period_ b_ The order of layoff for regular employees within a department will be determined by considering business necessity, each employee's job performance and competence, and seniority- i_ "Sen"iority" for purposes of this Section shalt. be determined by adding together all time spent in City service, in whatever capacity, expressed in terms of years, months, and days_ The seniority calculation shalt not include disciplinary time off without pay.or time spent on unpaid leave (unless federal or state law requires it to be included in the seniority calculation)_ ii. Once seniority determinations have been made, layoffs are made in reverse seniority order (i.e. the most junior employees are laid off first). iii_ Ties..in seniority shall be resolved by the Personnel Officer, taking into account the past performance, disciplinary actions (if any), supervisor recommendations, and such other facts as will result in the City retaining the most qualified and efficient employees. 3_ Notice_ Employees shall be given at least ten (10) business days' written notice prior to the effective date of the pending layoff_ A copy of the notice shall be retained in the employees personnel file_ 4. Exclusions_ In certain instances, there may be exceptions made in the order of layoff outlined above_ These exclusions would be made when: a_ specialty position when qualifications for the position could not be easily obtained through a short . orientation or familiarization period. b_ transfer in lieu of layoff_ Within the affected department or departments, a regular employee -who is scheduled for layoff may be offered a.voluntary reduction in classification to a lower level job classification . provided he/she meets the minimum qualifications, andfor obtairi proficiency. through a short orientation period_ - c_ a �roluritary reduction by taking early retirement.andfor "golden hand shake "_ . 5_ Retreat rightslvoluntary demotion in lieu of layoff_ a. An employee who would otherwise be laid off has the right Eo retreat to vacant position which he or. she previously held, provided the employee meets the current minimum qualifications for the psition_ b: An employee who would otherwise be [aid off has -the right to retreat to another position in the same :classification series or: to any position the employee .has previously held and. tilt which the . :employee is qualified-that is occupied by an employee of lesser,;seniority_ The result is'lhat the more:semor employee "bumps" the junior employee, who then is entitled to the. retreatfderriotion rights. set forth herein_. :c_ An employee who would otherwise be laid off may request to be temporarily demoted to any vacant position for which the employee is qualified_ d:. An employee who. wishes to exercise any of the rights set forth in this subsection 5 must.so notify the Personnel Officer in writing within five (5) business days of receiving the notification of pending layoff_ . CiTY OF ROHNERT PARK Page 28 of 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Rules and Regulations e: An employee who retreats or is demoted to a position as provided herein must serve the probationary period applicable to the new position unless the employee previously completed the probationary period in that position_ 6_ Reinstatement lists_ The names of regular . employees who have been laid off, including those who have accepted a demotion or retreated to another position are to be placed on a layoff reinstatement list by seniority within the classification from which the employees were laid off. An employee's name remains on this. fist for a period _of one (1) year from date of layoff, an employee's name may be removed for any of the following reasons: a_ Reappointment. of the. employee to his /her former classification b_ Notification from employee that he /she is no.longer interested in returning to the City. c_ inability to contact the employee by mad or phone at the employee's Iasi known address in the employee's official personnel file. d_. Rejection by the employee of an offer of employment within the same job classification. Failure to respond within five (5) business days of the offer shall be deemed a rejection. .7. Offer of reinstatement. If the position previously held by a laid off employee becomes vaca another position within the carne classificatio nt; or i( n series b ecomes vacant, then the employee with the most seniority on applicable reinstatement list shall be offeredthe, vacant position_ 8. Restoration of benefits upon reinstatement_ When an employee is reinstated to employment after layoff, all his . or. her prior service shall.. be counted toward the calculation of leave accruals and . seniority_ Any unused sick leave which the employee had accrued at the time of layoff shall be restored_ If an employee is reinstated to a.position in which he or she was serving a perrodat the time of' layoff .....l►me on probation previousf com feted. g probationary toward determi ning.when 'the. probatronar. Y p prior .io layoff shall be counted Y Period ends_ SECTIO. N :Z - INCOMPATIBLE ACTiVITYICONFLICTS OF. INTEREST 1_ 'Irico- hipatible Activity - Certain actrvities:are incompatible with ethical, effective employment with the City_ All City employees are prohibited from_ 1 _ Participating. in improper political activity prohibited by the federal Hatch Act or •pertinent provisions of State Law including the`California'Government .Code; 2- Using for private gain or advantage the influence of a City position or the facilities, equipment and supplies of the City, 3_ Soliciting any favors or .gifts: from persons; concerns or corporations who have, or seek to. have business contacts With the Cily; ; 4. Accepting any favors or gills from- persons, concerns or corporal- business contacts with the City in. excess of the Conflict oferest who have, or seek to have, Rohnert Park Municipal Code Chapter 2.60; guidelines established in the 5_ Divufging confidential information to anyone to whom issuance of such information has not been authorized; or 6- Participating in any employment or other activity, which will prevent an employee from doing his/her City job. in an efficient and.* apable rn.anaer, is illegal. pursuant to state. or federal taw, or w hicl� might 1Y OF ROHNERT PARK Page 29 of 39. . >rsonnel Rules and Regulations ;tTY OF ROHNERT PARK 'ersonnel Rules and-Regulations result in a conflict of interest between the employee's- private interests and his/her official duties and responsibilities_ 3_ . Outside Employment - City employees are expected to work for the Cily's bests interests and to devote their best energies and skills to their positions. For this reason, City employees are prohibited, from accepting outside employment that could conflict with the best interests of the City or interfere with the employee's ability. to . perform his or her City position- Examples of such prohibited outside employment include, but are not limited to: 1- jobs/business conducted during the employee's work hours with the City; 2_ jobs/business that prevent the employee from being available for necessary overtime or emergency work period outside his or her normal working hours when such overtime or emergency duty is a regular part of his or her job-, 3. business conducted using City facilities, resources or equipment (including telephones, computers, supplies, etc.) SECTION 8 - DISCIPLINARY ACTION City employees are expected to meet certain standards of job performance, interpersonal interaction, and conduct_ The City may discipline any employee whose conduct or performance fails to meet reasonable City standards, i_e for cause_ Discipline may be imposed for a single incident or for a pattern of conduct.. The specific diiscipline.imposed is intended to focus.the attention of the employee on the performance or conduct problem and,; except incases of discharge, to encourage changes in behavior_ Disciplinary actions include but . are. not limited to: counseling, oral reprimand, written reprimand. reduction in pay, suspension without pay, reassignment; demotion, and discharge: A' lthough the City'generally applies the concept of . "progressive discipline," discipline may include any one or any combination of actions, and the actions need n4- necessarily be- applied in a defined. order_, Instead, the discipline imposed will be determined according to the severityof the infraction(s), regardless of whether prior discipline has been imposed. Only regular employees who have successfully completed their probationary period have the right a to. hearing and appeal as described in this section_ An employee not covered by this Section may be disciplined without reference to these provisions; such an employee has no protected property interest in his or her employment_ A- Causes for, DiscitAnary Action -Any regular employees maybe disciplined for "good cause "_ Good .cause is defined as reasons including; but not limited to, the following: 1. Fraud in securing employment; 2_ incompetence or inefficiency; 3_ failure to maintain. required licenses, credentials, certificates or other conditions for employment as specified in assigned classification; . .4_ Insubordination; S_ Dishonesty; '6_ Neglect of duty, or inattention to /dereliction of duties; 7_. Violation of City or Department rules and regulations, policies, procedures or general orders, whether oral or written; CiTY OF ROHNERT PARK Page 30 of 39 Personnel Rules and Regulations Ct7YOF ROHNERT PARK ' Personnel Rides. and Regulations 8_ Disclosure of confidential personal information of another employee; 9_ Negligent or willful damage to or was of public equipment, property or supplies; 10_ Improper or unauthorized use of City vehicles or equipment; 11. Misappropriation, theft, or embezzlement of City property and /or funds; 1.2_ Unlawful harassment or discrimination disc or the failure to cooperate with the investigation of harasrmination or other unlawful activiti sment, es; 13_ Possession of an open container, use of, or being under the influence of alcohol, non unauthorized narcotics or controlled substances during work hours; prescription . or 14. .Excessive tardiness or absences, except in the case of approved leave; 15_ Absence without leave, not returning from an approved leave -of- absence or obtaining a leave -of- absence under false pretense; 16_ 'Soliciting any .favors or gifts from persons, concerns or corporations who have, or seek to have, business contacts with the City; 17_ Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have, business contacts with the City in excess of the Conflict of interest guidelines established in the Rohned,Park Municipal Code Chapter 2.60; 18. Failure to observe safely regulations and practices, including the use of assigned personal protective equipment; 19._ Discourteous, unprofessional or abusive treatment of the public or other employees; 20. Use of abusive language; 21. Actual or threatened physical violence; 22. Conviction. (including by plea of guilty or nob contendere) of a felony or any crime invofying 'rrioraf turpitude; 23_ Conviction of a misdemeanor (including by plea of guilty or polo cont endere} that is of.a nature as to adversely affect the employee's ability to perform the duties and responsibilities of his or her position_ Minor Disci"rie_ . All supervisors are authorized to implement minor disciplinary measures. Minor disciplinary actions are not.subjecl to appeal_ Examples of minor discipline include the following_ 1_ Oral reprimand_ An oral admonition to an employee whose conduct or. Performance must be improved..and which details the areas for improvement, the degree of improvement required, and a notice that failure to improve could" result in more serious disciplinary action.. Oral reprimands are noted by the supervisor, but are not documented in the employee's personnel file. 2. Documented counseling_ A written memorandum showing That the supervisor has .met with the employee to discuss a spec problems) or deficiency and which sets forth the recommendations given to the employee to address. the problem(s) or deficiency in order to. improve Performance_ Although a copy may be sent to the employee's personnel file, documented counseling memoranda are typically mairitained in the supervisor`s file until they are included.by riotation formal perfonnance.evaluations in the employee's _ iTY OF ROHNERT PARK Page 31 of 39 ersonnet Rules and Regulations ;ITY OF ROHNERT PARK 'ersonnel Rules and Regulations 3_ Written reprimand: A formal written notice to an employee stating the specific details concerning the subject of the reprimand, summarizing. previous related disciplinary action, if any, and .describing the plan for improvement. A written reprimand shall include. the date of the reprimand and a statement advising the- employee that continued conduct or performance at such levels may result in more serious discipline, up to and including .discharge_ At the time a written reprimand. is issued, the employee is entitled to bring a representative of his or. her choice_ 'The employee shall review the reprimand and sign it and then .shall be. given a copy of it_ Written reprimands .are not subject to appeal, although an employee has three 3) working days. following the date of a reprimand to submit his or her own rebuttal comments, which shall accompany the reprimand in the employee's personnel file_ 4_ Removal of minor discipline records. At the request of the employee, records of minor discipline will be removed from the employee's personnel file three (3) years after the date of the written reprimand or documented counseling_ Records will be removed provided the employee has received satisfactory performance reviews in the subsequent three (3) year period from date of the written reprimandldocumenled counseling and no further discipline has been initiated_ The employee shall initiate the request to remove records of 'minor discipline through his or her Department Head_ The employee's Department Head shall coordinate this request through Human Resources to ensure the appropriate criteria has been met to remove the records.: Nothing in this section is intended to prevent documentation of progressive discipline_ C_ Major Discipline Major discipline may only be implemented by Depart=ment Heads. Types of major discipline include the following: 1 _ Suspension_ The temporary removal of an employee from the City service without pay for one (1) or more working days_ "Working days" shall be. determined by reference to.the affected employees normal work schedule_ 2_ . Merit decrease_ A pay step reduction whe.re_perforr"ance falls short of the normal standards or where performance is clearly inadequate in one or more criticat job duties. 3_ Demotion, The removal of an employee from one. position and reassignment to one of lower grade or classification. 4. Discharge_ The removal of. an employee from City service when it has been determined the employee has been given a reasonable opportunity to conform his or er.conduct to required behavior or performance standards and has failed to-do so, or where an employee has committed one or more serious offenses for which no other disciplinary measure is appropriate. D. Disciplinary Process —Major Discipline_ Any imposition of major discipline must follovd the procedures.set .forth below. 1 _ Notice_ A written Notice. of Intent to Discipline.( "Notice c4- Intent-) shall be prepared by the Department Head in consultation with the Human Resources Department_ The Notice of intent shall state: a_ The specific type of disciplinary action proposed; . b_ The effective date of the action; c_ The speck reason(s) or cause(s) for the actions d_ A copy of.ali written materials upon Which the .action is based; and e. Notice that, prior to the imposition of -the major discipline, the employee has the right to respond orally or in. writing at an informal hearing to explain why the. employee believes the proposed CiTY OF ROHNERT PARK Page 32 of 39 Personnel Rules and Regulations CiTY-OF ROHNERT PARK Personnel Rules and Regulations major discipline should not be • imposed. A request for such a hearing must be submitted in writing within ten (10) working days of receipt of the Notice of Intent- 2- Informal hearing (i_e_ Skelly hearing). At the employee's request, an informal hearing will be held prior to the imposition of major. discipline_ This hearing is not an evidentiary hearing, but raiher an opportunity for the employee to present information as to why the proposed major discipline should not be imposed. Except by stipulation of the City and the employee, the hearing shall take place within ten working (10).days of the employee's request for hearing; and it may be rescheduled only once at tf�e employee's request_ The following parameters apply to the informal hearing_ a_ The hearing shalt be conducted by a responsible person designated by the Personnel Officer_ b_ The hearing shall include the employee, the employee's chosen representatives) - (reasonable number), and others as directed by the hearing officer_ Absent extenuating circumstances, the employees failure to appear waives his or her right to such a hearing. c_ The hearing shalt be tape recorded or stenographically recorded, and a copy of the tape recording or transcript shall be provided to the employee upon request_ d_ At the hearing, the employee shall be given an opportunity, either orally or in writing, or both, to bring forward facts or circumstances which may cause the charges to be revised or dismissed_ If the employee's information is presented by his or her representative, all statements: made: by the representative shalt be attributed to the employee as if made by him or her personally, and it is the employee's obligation to correct any misstatement(s) by the representative_ e_ Following the hearing, the hearing officer will make a written recommendation to the Department Head who'. ed the Notice of Intent as to whether the proposed discipline shoWd. tie Imposed, modified, reduced or dismissed. 3: Notice of discipline_ Following the informal hearing, it requested, the same Department.Headd who issued the Notice of tntent shall consider the hearing officer's recommendation to. determine tow to proceed. .:If he or she decides to dismiss the proposed discipline, written notice of the dismissal shall be.Pr6vided to the'emptoyee as soon as practicable_ If the decision is to im Proposed or-in some modified or reduced form, a written Notice of Discipline shall discipline The be Notice. of Discipline shall stale: a- Th6 specific type of disciplinary action .that will be imposed; b The specific reason(s) or causes) for. The actions, setting forih specific fa for !fie decisi ©n; cts that form _the basis c_ The effective date: of the action; and d_ The applicable appeal rights available to the employee pursuant to these Personnel Rtifes_ Disciplinary action becomes effective on .the date stated in the. Notice of Disci liq notwithstanding n em P. a+y Action, n3 ployee's timely request for an evidentiary hearing before :the Personnel Officer_ Appeal from. Major `©isciOline . - An :.employee on. whom major discipline has been imposed sha}f be entitled to an appeal: hearrng.as set;: forth below_ 1 _ TirWng_ An 6m . I' yee wishing to exercise the appeal written Notice of A eat io the Personnel Otficeruvithin rights ern provided 0 work in this Seetion must .deliver a t?P ( ) working, days after the date .of the ..Notice of ©iscipfine_ . TY OF ROHNERT PARK Page 33 of 39 rrsgnnel Rules and Regulations ITY OF ROHNERT PARK ersonnel Rules and Regulations 2. Employee representation_ Employees may represent themselves or be represented by legal counsel or representative(s) of the employees recognized employee organization. 3_ Evidentiary hearing_ An evidentiary hearing before a neutral hearing officer shall be arranged for by the Assistant City Manager or His/her designee and.shatl, absent extenuating circumstances, be held within thirty (30) working days of the receiving the Notice of- Appeal_ The hearing shall be closed and' confidential.. Prior to the. hearing, the Assistant City Manager or- his/her designee shall supply the hearing officer with (1). the Notice of Intent and any :attachments, (2) the Skelly. hearing officer's written recommendation, and (3) the Notice of Discipline and any attachments_ Other hearing procedures are as follows_ a. The employee's presence is required. Failure to appear at the appeal hearing unless physically unable to do so shall be deemed a withdrawal of the appeal and a waiver of any further right of administrative appeal. b_ The hearing shall be stenographically recorded_ : c_ Any and all witnesses other than the City's representative shall be excluded from the proceeding until called to testify, except as mutually agreed to by the.employee and the City's representative_ d. Order of hearing shalt be: i. The City's representative, followed by the employee, may make preliminary opening statements- n_ The City's representative. may present oral or. documentary.evidence, or both, in support of the City's position; the employee may cross- examine all witnesses called by the City. is i. The employee . may present .oral or . documentary evidence, or both, in support of the employee's positron; the City's,representative may cross= examine all witnesses called by the employee_ iv. The City's, representative, followed by the: employee, may make a closing statement_ 4. e. The hearing shall be conducted in an efficient manner conducive to determining the issues, however, the technical rules of evidence do not apply_ .Any retevant.evidence maybe admitted if it is the sort of evidence on which responsible persons are accustomed to.relying in the conduct of serious affairs_ Oratevidence shall be taken oni' upon oath.or`affimation_ Hearsay evidence may be used for various purposes; however, hearsay standing alone and properly objected to shall not be competent 'to. prove a charge_ irrelevant and unduly repetitious evidence may be excluded, as shall evidence that would violate other -employees' rights to. privacy and confidentiality of their personal. -information- The hearing "officer (with advice - of appointed counsel, it necessary). shall. rule on : any. objections .made: to the .admissibility of evidence or otherwise relating to the conduct of the hearing- f- Following the conclusion_ot.'the-hearing, the hearing.officer shall-:prepare written findings and . recommendations and provide them 1o`the City 'Mai►ager, The- hearing officer may recommend changes to the proposed discipline_ .However, if the hearing officer finds that.the underlying facts giving rise to the charge(s) are proved by a preponderance of the - evidence, the hearing officer may not recommend a redUctrori in discipline if reasonable minds eould differ as to the. proper level of discipline_ if the hearing officer recommends a. reduction in discipline, he or she must make a specific finding., that reasonable minds. could not differ -as. to the' appropriate .16,61 -of discipline and set forth the facts upon whick he or she based such finding_ if .the hearing officer finds that none of the charges are supported by the evidence presented, the recommendation shall be that no disciplinary action be taken_ . CITY OF ROHNERT PARK Page 34 of 39 Personnel Rules and Regulatwns CiTY•OF ROHNERT PARK Personnel Rules and Regulations City Manager's Determination_ The hearing officer's findings and recommendations shall be forwarded to the City Manager for his or her review_ The City Manager will follow the recommendations of the hearing officer unless he or she can show cause that the hearing officer abused his or her discretion_ a. The City Manager shall review the entire record (including the Notice of Intent, the record of Skelly proceedings, the Skelly officer's written recommendation, the Notice of Discipline, the evidence and record at the evidentiary hearing; and the appeal hearing officer's written findings and recommendations)_ b. The City Manager shalt issue a decision imposing the disciplinary action he or she deems appropriate and in the best interests of the City_ C. The City Manager's decision shall be in writing and shat! be final. It shall. include a copy of the appeal, hearing officer's findings and recommendations and shall be filed as a permanent record in the employee's personnel file. d_ Notice of the City Manager's decision, along with a copy of both the.. City Managers decision and the appeal hearing officer's findings and recommendations, shalt be served on the employee by personal service or by registered or certified mail_ The notice shall also include a statement of the employee's right to seek judiciai review within 90 days pursuant to Code 1094.6: of Civil Procedure Use of paid administrative leave: Nothing. in this Section is intended to abrogate the City's right to place an employee on paid administrative leave during the on of circumstances that could lead to the imposition of discipline or for any other reason that is in the City s best interests_ Disciplinary Action for specific employees of the Department of Public Safety_ Under .,California Government Code Section. 3300, the State of California enacted the Public Safety Officers: Procedural Bill of Rights ( POBRA)_ As defined under California Government Code Section 3301, the positions within the City that are covered by the POBRA are the following_ Public Safety Officer Trainee, Public Safety Officer; Public Safety Sergeant, Public Safety�Supervisor (LT), Public Safety Division Commander, and Director of Public Safety_ It shalt be .the policy'of the City to extend these same rights, and privileges to alt non - safety members of the. Rohnerl Park. Public Safety Officers' Association, except those that by their very nature could only apply to peace officers andlor firefighters_ AN subsequent revisions to California Codeesectioos' 3300 et seq and Court 'interpretations of these statutes shaft also be binding io the City with respect to non - safety members of the Rohnert Park. Public Safety Officers' Association_ For safety and non - safety employees alike, _the phrase "locker, or other space for storage that may be. assigned to him" as used in Government Code Section 3309 shall include, but is not limited to, a Public Safety, employee's assigned City vehicle and /orr the endosed spaces of an employee s assigned desk or office area_ Nothing.in this section shall preclude the 'City from temporarily re-assigning ,a departmental asset to meet -a necessary - operational requiretrtent_ TY OF ROHNERT PARK Page 35 of 39 Tsonnel Rules and Regulations :1TY OF ROHNERT PARK , •ersonnet Rules and Regulations GLOSSARY — DEFINITION OF TERMS 0MINISTRATiVE LEAVE - Absence with full pay and benefits, ordered by a Department Head or the City tanager, when. the City's interests require the employee to be away from the job_ ANNIVERSARY DATE - The date, which signifies the completion of each year of service by a regular employee i a position and/or the date an employee starts his/her probationary period for either original, promotional, or hange in classification appointments_ LPPLICA14T A person who has successfully completed and submitted an employment application for a osition for which the City is currently recruiting. ►PPOINTMENT - The selection of, and acceptance by, an applicant to a position in the City service in ccordance with these rules. ►VERAGE SCORE - Means the combined average of all - relevant, converted, and weighted scores obtained by candidate for a given classification ouposition title.. :ALEN DAR DAYS = .Consecutive days within a specific time frame and shalt include, weekends and holidays_ :ANDWATE - An applicant for City employment who meets the minimum qualifications of the position applying Dr.and has been selected to begin .the testing process or a person on an eligibility list_ ,FRA - California Family Rights Act, stale taw established in 1993, and is administered by the California ) epartment of .Fair Employment and Housing_ aTY COUNCIL- The duty elected governing body of the city_ :ITY MANAGER -.The individual appoirited by The City Council to manage all City operations; departments, Kgicies and rules_ 3TY SERVICE - The entire employment system of the City_ :LASSIFiCATION A:gro.up of.positions sufficiently similar in respect to duties and responsibilities, that the ame descriptive .ctassificatton tine may be used to designate each position allocated to that class The same aisimum qualifications may be required of incumbents of positions in the class, and the same examinations . nay be used to choose�qualified employees: :LASSIFICATiUN SERIES -. A group of classifications sharing similar functions but differing as to level of xnrnptexity, difficulty and responsiblity_ :LOSE RELATIVE - ftetative shall rhean. spouse, father, .father - in-law, mother; mother -in -taw, brother, brother, rt -law, sister, sister'- in4aw, child (including stepchildren), stepparents, aunts, Uncles, grandparents, grandpacerit- _ ri -law, grandchildren and relationships in loco-parentis-and dose personal relatiocnships, with the approval of the Nly Manager or. his/her designee- ,0 - Any salary, fee, or allowance paid to an employee for performing the duties and exercising he responsibilities of..a position_ )iSCIPLINARY ACTIONS - Actions taken with the objective of obtaining employee compliance with rules, )rders, procedures, standards of conduct and/or expected. job performance when non - disciplinary corrective )ctions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its )wn_ ,ITY OF ROHNERT PARK Page 36 of 39 'ersonnet Rules and Regulations CITY bF ROHNERT PARK Personnel Rules and Regulations DOMESTIC PARTNER - Two adults who have chosen to s committed relationship of mut hare one anoihe� s fives in an intimate and ual caring_ To :be 'eligible both parties must file a Declarati Partnership with the California Secretary of State_ on of Domestic ELIGIBLE - A person whose name is on an employment list_ ELIGIBILITY LIST - A list that contains the names of qualified candidates, for a specific classification, completed all examination processes and are ranked, in order of the score or rating received_ who have EMPLOYEE - Any person appointed to fill an authorized em to Officials, volunteers, unpaid interns, and those a advisory- position in Ihe. City service. Elected appointed 10 advisory boards, committees, and commissions are not employees_ The categories of employees are: Regular: .A regular employee is one who has passed probation and hold s a regularly authorized position employees.- with benefits. Regular employees may only be disciplined for cause. There are 3 types of regular n 1. Regular full -time. a person who holds a budgeted (40) forty- hour'per week position, with duties and responsibilities that do not end irt.a specific time period, and who is entitled to full benefits with the City, pursuant to the applicable Memorandum of Agreement or applicable Outline of Bene Management and Confidential Units_ fits for the 2 Regular part-time: a person who holds a budgeted position, with duties and responsibilities that do not end in a specific time period, works for a specific number-of hours, as defined, and fills out a timecard, receives a salary and benefit package, proportioned to their agreed fixed work ratios (20 hours per week receives 50% benefits; 30 hours per week receives 75% benefits ), 3_ specially- funded-than a person who works 'in a. regular tuff or part -time position funded by sources other ,Cityrevenues (e.g_,_federal or state grants.). Probationary_ A probationary employee is someone in a re, far tali- or art -Line trial period as provided in Sections 4'and 5_ p position who is serving a Special: A special employee. is one `hired for a special purpose to meet the. needs of the City_ S cial employees include: pe 1. Provisional employees i_e- an employee. who meets the minimum ualifications for a who is appointed on an interim basis until the vacancy can be fitted_ q position and 2. Seasonal employees A temporary employee than six (ti) mon appointed to positions of limited duration of. not more ths within a twelve (12 }month period: Seasonal City's benefit programs_ employees do not participate in the 3_ Emergency employees - employees hired to meet the requirements of a declared emergency which threatens life, property, or ttie general welfare of the City . and. wh emergency ceases. ose position ceases when the . Probationary and Special Employees may be dismissed from s cause_ uch positions or disciplined with or without SITRY LEVEL - The initial position in a class series. (AMiNATION - The process utilized to evaluate the .relative skiffs . and knowted ospective employment or current employee who has.apPtied: for a cltange'in ofassificationfand/orpplicant for promotion. FY OF ROHNERT PARK . rsonnel Rules and Regulations Page 37 of 39 ;rAY OF ROHNERT:PARK 'ersonnel Rules and Regulations Fechniques utilized may consist of but not limited to any of the folio wrng: traditional paper and pencil tests, ierformance tests, skills test., or .oral assessment- =XEMPT - An employee in a specific classification who, according to the Fair Labor Standards Act (FLSA) is. >xempt from the City s overtime policies _ and is compensated for overtime through Administrative .Leave, )ccurnutated per specifications outlined in the MOA's and /or Outline of Benefits. for the Management and -onfidential Units_ =AMILY AND MEDICAL. LEAVE POLICY - Provides for employee leave during times of illness :or fancily .mergencies_ In compliance with California Family Rights Act and Federal Family Medical Leave Act_ =MLA - Family Medical Leave Act, federal taw established in 1993 and administered by the Department of -abor_ 3RiEVANCE - A .complaint by an employee relating to wages, hours, and working conditions_ Disciplinary action cannot be grieved_• - EAVE -OF- ABSENCE WITHOUT PAY - Time away from work, which the employee has requested, and the ;ity Manager or his. designee. has approved, for which the employee'is not paid and has the r- 19 ht to return to the >ame position held before the leave was granted - iIEMORANDUM OF AGREEMENT (MOA) - A binding agreement on wages, hours, benefits, and .other : onditions of employment for. designated classes between the bargaining units and the City that have been 3tdopted by the City Council_ VOLO CONTENDERE Latin for "no contest_" In a .criminal proceeding, a defendant may enter a plea of noio. -ontendere, ire which be does.not accept or deny responsibility for the charges but agrees to accept punishment. VON - EXEMPT- An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA) s to receive overtime pay at 1 % times normal pay for hours worked over 8; 9, 10 in a 24 hr_ `period and/or any lours worked over 40. hours in a 7 day period, as outlined in the MOA's and/or Outline of Benefits for the Management and Confidential Units_ Pregnancy Disability Leave, California law established in 1994, and .administered by: he California 3epartment of Fair Employment and Housing. ?ERSONNEL OFFICER.-- is the City Manager, and is responsible for the administration of all Personnel Rules_ Throughout these Personnel Rules, the term "Personnel Officer" denotes the City Manager 'or his or her iesignee_ POSITION -,A specific office or employment provided by the budget, whether occupied or- vacant, calling for the performance of certain duties_ Positions may be regular full -time; regular part - time, seasonal, hourly, and/or �emporaty PROBATIONARY- PERIOD - A working test period during which an employee is required to demonstrate fitness for the position to which appointed by actual performance in the position_ PROMOTION - The movement of a qualified employee from one class to another class with .a higher.max'rrrium rate. of pay and greater job responsibilities. REINSTATEMENT _ The re -employment. of an employee who has regular or probationary status in a class, who has been. laid off, is returning ltom 'an approved leave requiring reinstatement, or who has resigned in .good standing and whq.is entitled to preference in appointment to vacancies in that class_ CITY OF ROHNERT PARK Page 38 of 39 Personnel Rules and Regulations CITY OF ROHNERT PARK .Personnel Rules and Regulations RPEA - Rohnert Park Employees' Associatio technical and support employees_ _ n_ The labor bargaining and representation unit for administrative, RPPSOA - Rohnert Park Public Safety Officers' Association_ The labor bargaining and representation unit for Public Safety Sergeants; Public Safety Officers, Public Safety Dispatchers, Communications Supervisor, Community Services Officers, Part-Time Dispatchers, and Public Safety Officer Trainees. RULES - The Personnel Rules and Regulations of the City of Rohnert Park as contained in this document_ SALARY - A regular employee's base pay as approved by the City Council in the classification and salary plan i_e. pay rates and ranges, computed on a monthly basis SALARY RANGES - The rate(s) assigned to a classification in the pay rates and ranges. SEW - Service Employees International Union Local 707. The labor bargaining and representation unit for certain City employees in the Department of Public Works. TEMPORARY APPOINTMENT - An .appointment of, limited duration . in the absence of available eligible employees or applicants. TERMINATION - The ending of any employment relationship between an employee and the City_ TRANSFER - A change of an employee from one position to another position in the same class or another class Zaving essentially the maximum salary fimits, and involving the performance of similar duties_ NORKDAY - Is a twenty -four (24) hour period beginning at the same time each calendar day. NORKWEEK - Means any forty (40). hour period within'seve-n -(7) consecutive days starting with the same = alendar day each week_ ZESOLUTIONS EFFECTING PERSONNEL 'POLICY RESO 79 -22 - EMPLOYEE GRIEVANCE PROCEDURE RESO. 92 -78 - EQUAL OPPORTUNITY EMPLOYER RESO 92 -79 POLICY AGAINST DISCRIMINATION BASED'ON DISAB ILITY - ADA RESO 93 -38 _ AGAINST HARASSMENT RESO 99 -01 - ELECTRONIC MEDIA USE RESO 91 -192 - ANTI =DRUG POLICY RESO 87 -117 - DEPENDENT CARE ASSISTANCE PROGRAM RESO 00 -10 - EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004) RESO 03 -71 - PROVIDING FOR CONTINUATION OF .. ALARY, AND BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MiLTTARY DUTY OR TRAINING RESO 03 -235 - OUTLINE OE THE CTTY'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 19% iTY OF ROHNERT PARK ersonnel Rules and Regulations Page 39 of 39 .