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2008/02/12 City Council Resolution 2008-23
RESOLUTION NO. 2008-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE MEMORANDUM OF AGREEMENT FOR THE ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION (RPPSOA) WHEREAS, on November 27, 2007; the City Council adopted Resolution No. 2007 -201 approving the Summary of Terms and Conditions of the Total Tentative Agreement with the Rohnert Park Public Safety Officers' Association (RPPSOA); WHEREAS, the City Council directed staff to prepare a Memorandum of Agreement in accordance with the terms and conditions of the Total Tentative Agreement; WHEREAS, staff prepared the Memorandum of Agreement in accordance with Council direction; and WHEREAS, the Memorandum of Agreement has been executed by representatives of the Rohnert Park Public Safety Officers' Association (RPPSOA). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve and adopt the Memorandum of Agreement for the Rohnert Park Public Safety Officers' Association (RPPSOA). BE IT FURTHER RESOLVED that the City Council authorizes and directs the Mayor and City Manager to execute the Memorandum of Agreement with the Rohnert Park Public Safety Officers' Association (RPPSOA). BE IT FURTHER RESOLVED that the City Council approves the Side Letters between the City of Rohnert Park and the Rohnert Park Public Safety Officers' Association (RPPSOA) regarding Shift Sign Ups and Lead Dispatcher Certification Program, attached hereto. DULY AND REGULARLY ADOPTED this 12th day of February, 2008. ATTEST: A t CITY OF ROHNERT PARK ig V" LALIF01tt! BREEZE: NO SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (4) NOES: (1) ABSENT: (0) ABSTAIN: (0) MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND THE ROHNERT PARK PUBLIC.SAFETY OFFICERS' ASSOCIATION (RPPSOA) February 12, 2008 EFFECTIVE Decem ber 1 , 2007 — J u ne 30, 2009 TABLE OF CONTENTS 1. HOURS OF WORK .......................:.............................................................................................. ..............................5 MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 11 1.1 REGULAR WORKWEEK FOR EMPLOYEES ...............................................:.................................... ............................... 5 1.2 DISPATCHERS SHIFT ROTATION ................................................................................................... ............................... 5 1.3 PUBLIC SAFETY OFFICER TRAINEES ............................................................................................ ............................... 5 1.4 POLICE AND FIRE TRAINING DRILLS ................................................... :....................................................................... 5 1.5 BREAKS AND MEAL BREAKS ......................................................................................................... ............................... 6 1.6 SHIFT CHANGES ............................................................................................................................: ............................... 6 1.7 LIMIT ON HOURS WORKED IN A WORK CYCLE ........................................................................... ............................... 6 1.8 SHIFT CHANGE DAY LIGHT SAVINGS TIME ................................................................................. ............................... 6 1.9 KELLY PLAN SCHEDULE ......................................................... :.................................................................................... 6 2. OVERTIME /COMPENSATORY TIME / CALL - OUT / STAND -BY/ COURT ......................... ..............................7 2.1 OVERTIME ..................................................................................................................................... ............................... 7 2.2 COMPENSATORY TIME .................................................................................................................. ............................... 7 2.3 CALL -OUT ..................................................................................................................................... ............................... 8 2.4 STAND- BY ....................................................................................................................................... ..............................8 2.5 OFF -DUTY COURT APPEARANCE PAY .......................................................................................... ............................... 8 3. HOLIDAYS .......................................................................................................................... ............................... ... 8 3.1 OBSERVED HOLIDAYS ................................................................................................................... ............................... 8 3.2 HOLIDAY PAY ................................................................................................................................ ............................... 9 3:3 HOLIDAY PAY FOR DETECTIVES ................................................................................................... ............................... 9 4. VACATION .................................................................................................................................. .............................10 4.1 VACATION SCHEDULE ................................................................................................................... .............................10 4.2 MAXIMUM ACCRUAL .................................................................................................................... .............................10 4.3 ELIGIBILITY FOR NEW HIRES ....................................................................................................... .............................10 4.4 VACATION BENEFITS ..................................................................................................................... .............................10 4.5 SEASONAL OR TEMPORARY EMPLOYEES ..................................................................................... .............................10 4.6 VACATION SCHEDULE BASED ON SENIORITY ............................................................................ ............................... 11 4.7 FRINGE BENEFITS FOR PART -TIME EMPLOYEES ......................................................................... .............................11 5. MILITARY TRAINING .............................................................................................................. .............................11 6. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAY ................................... .............................11 6.1 FRINGE BENEFIT ADMINISTRATION ............................................................................................. .............................11 6.2 INDUSTRIAL INJURY OR ILLNESS .................................................................................................. .............................11 6.3 SICKLEAVE ................................................................................................................................... .............................11 6.4 CATASTROPHIC LEAVE ................................................................................................................. .............................12 6.5 PATERNITY LEAVE ........................................................................................................................ .............................12 6.6 FAMILY AND MEDICAL LEAVE ..................................................................................................... .............................12 6.7 LIGHT OR LIMITED DUTY ............................................................................................................. .............................12 6.8 AMERICANS WITH DISABILITIES ACT ........................................................................................... .............................12 6.9 PAYMENT TO BENEFICIARY .........................................................................................................: .............................13 6.10 HEALTH PLAN COVERAGE ............................................................................................................ .............................13 6.11 DENTAL COVERAGE ...................................................................................................................... .............................13 6.12 VISION COVERAGE ........................................................................................................................ .............................14 6.13 ADOPTION BENEFIT ....................................................................................................................... .............................14 6.14 DEATH/BEREAVEMENT LEAVE ..................................................................................................... .............................14 6.15 FUNERAL EXPENSE BENEFIT ......................................................................................................... .............................15 6.16 LONG -TERM DISABILITY INSURANCE .......................................................................................... .............................15 6.17 DISABILITY WAGE PLAN ............................................................................................................... .............................15 6.18 LIFE INSURANCE ............................................................................................................................ .............................15 6.19 DEFERRED INCOME .........................................................................................:............................. .............................15 6.20 RETIRED AND /OR PERMANENT AND TOTALLY DISABLED EMPLOYEES ...................................... .............................16 MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 11 6.21. CLOTHING ALLOWANCE ............................................................................................................... .............................20 6.22 EDUCATION AND TRAINING .......................................................................................................... .............................20 6.23 LONGEVITY AND INCENTIVE PAY (P.O.S.T., DETECTIVES, MOTOR OFFICERS) ...................... ............................... 20 6.24 RETIREMENT PROGRAM ............................................................................................................. ............................... 22 6.25 DEPENDENT CARE ASSISTANCE PROGRAM .................................................................................. .............................22 6.26 HEALTH CARE TAX -FREE DOLLAR ACCOUNT PROGRAM ........................................................ ............................... 23 7. AGENCY SHOP AND PAYROLL DEDUCTIONS ............................................................... ............................... 23 7.1 AGENCY SHOP ............................................................................................................................. ............................... 23 7.2 DEDUCTIONS .................................................................................................................................. .............................24 7.3 LISTING OF DEDUCTIONS .............................................................................................................. .............................24 7.4 HOLD HARMLESS ........................................................................................................................ ............................... 24 S. SAFETY EQUIPMENT ............................................................................................................ ............................... 24 8.1 . REPLACEMENT EQUIPMENT ....................................................................................................... ............................... 24 8.2 PERSONAL EQUIPMENT ....:............................................................................................................ .............................24 8.3 SAFETY GLASSES, CONTACTS, AND UV EYE PROTECTION ( SUNGLASSES) ................................. .............................24 9. SALARIES & MISCELLANEOUS PAY .................................................................................. .............................25 9.1 SALARY ADJUSTMENTS ................................................................................................................. .............................25 9.2 FIELD TRAINING OFFICER (FTO) PAY ....................................................................................... ............................... 25 9.3 FIRE SPECIALTY ASSIGNMENT AND ENGINEER PAY .................................................................. ............................... 26 9.4 FIRE CAPTAIN PAY ...................................................................................................................... ............................... 26 9.5 EMT PAY ..................................................................................................................................... ............................... 26 9.6 PAYDAY .......................................................................................................................................... .............................26 9.7 SHIFT DIFFERENTIAL .................................................................................................................. ............................... 27 9.8 NON -SWORN TRAINING OFFICER PAY ......................................................................................... .............................27 9.9 BILINGUAL PAY ............................................................................................................................. .............................27 9.10 MASTER OFFICER PROGRAM ...................................................................................................... ............................... 27 10. ALCOHOL AND DRUGS ........................................................................................................... .............................28 10.1 ALCOHOLIC BEVERAGES OR OTHER DRUGS ............................................................................. ............................... 28 10.2 OFF -DUTY HOURS ........................................................................................................................ ............................... 28 10.3 PRESCRIPTION DRUGS ................................................................................................................. ............................... 28 10.4 SPECIAL ASSIGNMENTS ............................................................................................................... ............................... 28 11. PHYSICAL AND PSYCHOLOGICAL FITNESS .................................................................... .............................29 11.1 PHYSICAL FI TNESS ........................................................................................................................ .............................29 11.2 FITNESS PROGRAM ...................................................................................................................... ............................... 29 11.3 PSYCHOLOGICAL FITNESS ............................................................................................................ .............................29 11.4 PSYCHOLOGICAL COUNSELING .................................................................................................... .............................29 12. SMOKING .................................................................................................................:.................. .............................29 12.1 NON - SMOKING PAY PREMIUM .................................................................................................... ............................... 29 12.2 EMPLOYEES HIRED AFTER JULY 1, 1993 .................................................................................. ............................... 30 13. RESIDENCY ................................................................................................................................ .............................30 14. GRIEVANCE POLICY AND PROCEDURE ........................................................................... .............................30 15. PERSONALIZED VEHICLE PROGRAM ............................................................................... .............................30 16. USE OF CITY FACILITIES ................................................ ............................... ........................ 31 16.1 USE OF SPORT CENTER AND LAP SWIMMING PROGRAM ............................................................ .............................31 16.2 PERFORMING ARTS CENTER ......................................................................................................... .............................31 17. MANAGEMENT RIGHTS ......................................................................................................... .............................31 18. WORK CURTAILMENT (NO STRIKE CLAUSE) ............................................................... ............................... 31 19. PERSONNEL RULES AND REGULATIONS ......................................................................... .............................32 MOA- Rohnert Park Public Safety Officers' Association December 1, 2007 through June 30, 2009 III 20. RESCINDING OF PREVIOUS RESOLUTIONS/ AGREEMENTS ....................................... .............................32 21. TERM OF AGREEMENT ............................................. . ................................... :....................... .......... .I.................... 32 21.1 EFFECTIVE DATE ......................................................................................................................... ............................... 32 21.2 TERMINATION DATE ................................................................................................................... ............................... 32 22. SUCCEEDING AGREEMENT ...................................................:.............................................. .............................32 23. INVALIDATION ....................................................................................................................... ............................... 32 23.1 SUSPENSION OF AGREEMENT ............ .......:.................................................................................. ............................... 32 23.2 REPLACEMENT .............................................................................................................................. .............................32 24. NON - DISCRIMINATION .......................................................................................................... .............................33 25. PERSONNEL FILES ................................................................................................................... .............................33 26. EMPLOYEE PERFORMANCE EVALUATIONS .................................................................. .............................33 27. EMPLOYEE ASSOCIATION OFFICERS ............................................................................... .............................33 APPENDIX A: ELIGIBLE EMPLOYEES RETIRING BY NNE 30, 2008 ..................................... ............................... 35 MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 IV MEMORANDUM OF AGREEMENT The City of Rohnert Park (City) recognizes the Rohnert Park Public Safety Officers' Association ( RPPSOA) as 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: Pursuant to Government Code Section 3500 et. seq., the representatives of the RPPSOA and the representatives of the City have met and conferred and hereby submit their joint recommendation for salary and benefit compensation for all members of the bargaining unit. Public Safety Officer Trainees are included in this Memorandum of Agreement with limited terms and conditions only as specified herein. 1. Hours of Work 1.1 Regular Workweek for Employees (a) Four (4) consecutive workdays of ten (10) consecutive hours followed by three (3) consecutive days off shall constitute the primary workweek for all employees of the bargaining unit, except those assigned to the Fire Division on the Kelly Plan Schedule and Public Safety Officer Trainees. Employees required to work more than forty (40) hours or more than four (4) consecutive workdays during any seven (7) consecutive day period, or work more than the normal number of hours worked in a single workday shall be paid at time and one -half his /her regular pay rate as described in Section 2.1. Under special or unusual circumstances, alternate workweeks can. be implemented by the Director of Public Safety through a side - letter agreement with the RPPSOA following a Meet and Confer Process. Such side- letter agreements shall contain a specific expiration date and shall not establish precedent for future cases. The established work cycle shall commence at 12:01 a.m. on Monday. (b) In order to provide public safety services to the community at all times during the day, the City will establish shifts. The City retains the authority to determine the regular start and end times and days of shifts. 1.2 Dispatchers Shift Rotation Shifts will be rotated among dispatchers in time intervals at the discretion of the Director of Public Safety. 1.3 Public Safety Officer Trainees' Public Safety Officer Trainees' hours of work generally will be to attend and participate in the Basic Police Academy. City reserves the right to make additional work assignments. 1.4 Police and Fire Training Drills Public Safety Sergeants, Public Safety Officers, and Community Service Officers are required to participate in police or fire training drills unless on approved leave or previously excused in writing by the Director of Public Safety. MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 1.5 Breaks and Meal Breaks Public Safety Sergeants, Public Safety Officers, and Community Services Officers are allowed two (2) fifteen minute breaks and a thirty (30) minute paid meal break during assigned shift, but work assignments are priority and paramount and City is not obligated or liable in any manner for meal time or breaks not taken. Dispatchers will be allowed a thirty (30) minute paid meal period during the shift; however work assignments are priority and paramount and City is not obligated or liable in any manner for meal periods not taken. Dispatchers are encouraged to remain on the work site during their entire work shift. 1.6 Shift Changes (a) Employees shall receive at least seventy -two (72) hours notice of shift changes except in instances of emergency declared by the Director of Public Safety or an injury to an employee, which, in the City's opinion, necessitates a shift change. (b) All work performed as the result of a shift change with less than seventy -two (72) hours notice in violation of paragraph (a) above shall be compensated at the overtime rate until the employee resumes his /her regular shift or the seventy -two (72) hour notice period has expired, whichever occurs first.. Regular shift as used here means the employee's normal hours worked prior to the shift change with less than seventy -two (72) hours notice. 1.7 Limit on Hours Worked in a Work Cycle No employee shall be required to work more than forty (40) hours during any seven (7) day work cycle or more than eighty (80) hours during any fourteen (14) day work cycle. Otherwise said employee's work shall be paid at time and one -half his/her regular pay rate. 1.8 Shift Change Day Light Savings Time Shifts worked on. the dates on which Day Light Savings Time is adjusted will be ten (10) hour shifts. Overtime will be paid for extra time worked if the City prolongs the shift as a result of changing the clock. There shall be no deduction in pay if the City shortens the shift as a result of changing the clock. 1.9 Kelly Plan Schedule An adequate number of teams, consisting of. no fewer than two (2) RPPSOA members (Sergeants and PSOs) each will work a 24 -hour Kelly Plan schedule to provide minimum round the clock staffing of two (2) or more PSO staffed fire stations. The City reserves the right to implement modified staffing in the event of a declared emergency situation. (a) The work period is a 28 -day period. Overtime will be paid for hours worked in excess of 212 hours for that work period. Overtime payment shall be as provided for in section (c) below. Additional overtime (beyond the 56 hour work period) shall be compensated in the manner of the provisions of the current MOA. (b) The pay (base pay, longevity, and engineer /captain /EMT pay) will remain the same for the monthly period because of the City's semi - monthly payroll MOA- Rohnert Park Public Safety Officers' Association ♦ December 1, 2007 through June 30, 2009 6 system. In effect, the pay for each 28 -day work period will be calculated by dividing the pay referred to above by 13 (the number of work periods in a year). (c) RPPSOA members working the Kelly Plan will receive 156 hours of FLSA overtime (at regular MOA overtime rate) per year (6.5 hours per semi - monthly payroll). This overtime pay can be credited as comp time, earned. This determination will be made solely at the discretion of the employee. (d) The Kelly Plan expansion will be implemented at the discretion of the Public Safety Director base on available staffing. Credit for overtime that may be caused by a partial month shall be pro -rated based on the number of days remaining in that month from the day of expansion. (e) Holiday pay, sick time accrual, vacation time accrual, court time off and fire call out pay during time off will remain unchanged as per the current MOA. (f) Use of vacation time, sick time and related benefit time off for employees regularly assigned to the Kelly Plan shall be computed by a ratio of 0.71. 2. Overtime /Compensatory Time /Call- Out/Stand -by /Court 2.1 Overtime (a) That compensation at time and one -half the employee's regular normal hourly rate under any of the following circumstances. 1. Work hours over forty (40) hours in any one week. 2. Work hours over the normal number of hours worked in a single workday. 3. Work hours of a workday beyond the normal number of workdays in the employee's regular work schedule. (b) Dispatchers in a part -time status shall receive compensation for all hours worked over ten (10) hours in a shift at the rate of one and one -half times his /her regular hourly rate of pay. (c) That compensation at the normal overtime rate will be paid for all mandated fire drills conducted during employee's off -duty hours. (d) Compensation for off -duty full -time employees required to answer the fire service alarm shall be the normal overtime rate with a minimum of three (3) hours call -out pay at time and one half. (e) For Public Safety Officer Trainees only — Overtime shall be paid in accordance with all applicable State and Federal laws. (f) An employee may petition their supervisor, the management designee or the Director of Public Safety, in that order, for dispensation from mandatory overtime on the basis of hardship or other unusual circumstances. 2.2 Compensatory Time (a) That a maximum of one hundred and forty (140) hours of compensatory time off may be accrued by mutual agreement of the employee and Director of Public Safety. (2.3) MOA- Rohnert Park Public Safety Officers' Association . December 1, 2007 through June 30, 2009 (b) The City, at its sole option, may pay off up to seventy -five percent (75 %) of the accrued compensatory time. Employees, at their sole option, may be paid for accrued compensatory time. 2.3 Call -Out That call -out for any City Public Safety function during off -duty periods shall be compensated at the normal overtime rate with a minimum of three (3) hours at time and one -half call -out pay. Call -out time shall include reasonable travel time to and from the employees' residence, appearance in court in response to a subpoena in their off -duty time or other official hearings on City of Rohnert Park business. Extension of shifts, at the beginning or end, will not be considered call -out duty, specifically, thirty (30) minutes before or fifteen (15). minutes after the employee's regular shift. (2.4 and 2.5) 2.4 Stand -By (a) That whenever stand -by is mandatory, employees will be compensated at the rate of one -half (1/2) their regular hourly rate for each hour of stand -by, unless otherwise mutually agreed to by the employee and representative of the City. (b) That no on -call restrictions or limitations are placed on employees on their off -duty time unless specifically required or agreed to by employee. 2.5 Off -Duty Court Appearance Pay Employees required to appear in court on City business during off -duty hours shall receive a minimum of three (3) hours pay at the overtime rate or pay for actual hours worked, whichever is greater. An employee shall only be considered on -duty for that time that he /she is actually at court or activities related to court appearances. The Department will notify an employee by 1700 hours the previous business day if his /her court appearance is cancelled. Notification of an employee's court appearance cancellation will be accomplished via the text pager system and Department voice mail system. An employee is required to check his /her Department voice mail at 1700 hours the previous business day to the court appearance to check if the court appearance is cancelled. When the court appearance is cancelled by 1700 hours the previous business day, the employee receives no compensation. When an employee's court appearance is cancelled after 1700 hours the previous business day to the court appearance, the employee is entitled to two (2) hours compensation at the overtime rate. 3. Holidays 3.1 Observed Holidays Employees will receive the following thirteen and one -half (13 %) holidays annually, specifically: "New Years Day ", January 1, 2008 and January 1, 2009 MOA- Rohnert Park Public Safety Officers' Association . December 1, 2007 through June 30, 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, 2008 and July 4, 2009 The first Monday in September, "Labor Day," September 1, 2008 "State Admission Day," September 9, 2008 The second Monday in October, "Columbus Day," October 13, 2008 "Veteran's Day," November 11, 2008 The fourth Thursday in November, "Thanksgiving Day," November 27, 2008 Day after "Thanksgiving," 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 Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. Each day that the Governor declares a day of mourning or special observance as a holiday for State employees if the declaration makes it applicable to City employees. 3.2 Holiday Pay Holiday Pay will be paid twice a year, on June 1St and December 1St to those employees required to work holidays for the holidays worked. Employees can be required to work as scheduled without any reference to holidays. Holiday pay will be calculated on a straight time basis and compensated at the rate of up to ten (10) hours only. City agrees that taxes withheld for Holiday Pay checks will be annualized to reduce the tax impact on individual checks. Regular part -time employees will be paid holiday pay based on their designated pro -rata weekly work schedule. 3.3 Holiday Pay for Detectives Except upon the approval of the Director of Public Safety, PSOs assigned to the Detective Division shall not be authorized to work and shall not be paid Holiday Pay for the following four (4) holidays annually, specifically: New Year's Da January 1, 2008 and January 1, 2009 Thanksgiving November 27, 2008 MOA- Rohnert Park Public Safety Officers' Association • December 9, 2007 through June 30, 2009 Day after Thanksgiving November 28, 2008 Christmas December 25, 2007 and December 25, 2008 PSOs assigned to the Detective Division may, at their option, volunteer to take -off any remaining City designated holidays. Said employees will notify City by January 15th of each year the designated holidays they anticipate working. 4. Vacation 4.1 Vacation Schedule That the following vacation schedule is in effect: Years of Service Inclusive Monthly Vacation Rate Annual Vacation Hours Up to 2 years 9.167Hours 110 3 to 5 years 10.500 Hours 126 6 to 10 years 12.500 Hours 150 10 to 15 years 14.500 Hours 174 Over 15 years 15.833 Hours 190 4.2 Maximum Accrual (a) Vacation may be accumulated to a maximum of four hundred (400) hours. (b) Employees shall have the option to sell back to the City up to forty (40) hours of vacation time per calendar year. The rate of the sell back shall be the employee's current and regular salary as of November 1 of each given year. The sell back shall occur during the pay period that includes November 1. To qualify for vacation sell back, employees must have at least eighty (80) hours of vacation time accrued as of November 1 of the year of the sell back, and must have used a minimum of eighty (80) hours of vacation time within the twelve (12) months prior to November 1 of the year of the sell back. 4.3 Eligibility for New Hires Employees must work a minimum of six (6) months before any vacation earned will be credited to said employee. 4.4 Vacation Benefits Vacation benefits shall be earned and accrued to employees who are actively working or are taking 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 unless on "4850" time or when the employee becomes eligible for the City's long -term disability program for either industrial or non - industrial injury or sickness. 4.5 Seasonal or Temporary Employees Seasonal, seasonal part -time and temporary employees shall not accrue vacation benefits. MOA- Rohnert Park Public Safety Officers' Association ♦ December 1, 2007 through June 30, 2009 10 4.6 Vacation Schedule Based on Seniority Preference for vacation scheduling will be on the basis of seniority within classification and /or as has been past practice. 4.7 Fringe Benefits for Part-time Employees Regular part -time employees' fringe benefits shall be as provided in City Council Resolution No. 80 -140, adopted August 11, 1980, a copy of which is attached hereto. 5. Military Training The City grants military leave to all employees for service in a uniformed service in accord with 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 to active military duty or training shall receive the difference in pay between his /her regular pay and his /her military pay. In addition, the employee shall have continued benefits. 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. 6. Fringe Benefits, Other Than Vacation and Holiday 6.1 Fringe Benefit Administration City reserves the right to select the insurance carrier(s) or to self - administer any of the fringe benefit programs provided during the term of this agreement. In the event that any offered health plan is no longer offered, the City agrees to provide a suitable replacement health plan that is substantially comparable and agrees to meet and confer. 6.2 Industrial Injury or Illness Benefits for bargaining unit members who at any time during their employment with the City have been classified as safety members may be eligible under. Section 4850 of the California Labor Code and /or City policies for job - related injuries or illness. Sick leave shall not be used for industrial injury or illness. 6.3 Sick Leave, (a) Sick leave benefits for Public Safety Sergeants, PSOs, and CSOs hired before August 1, 1989 and dispatchers 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 Memorandum of Agreement shall be provided a copy of the aforementioned "Disability Wage Plan." City agrees to meet and confer with RPPSOA on any suggested changes to the City's "Disability Wage Plan." (b) For Public Safety Sergeants, PSOs and CSOs hired after August 1, 1989, and dispatchers hired after July 1, 1993 the following sick leave program will be provided: MOA- Rohnert Park Public Safety Officers' Association . December 1, 2007 through June 30, 2009 11 Sick Leave Accumulation Each employee shall earn and may accumulate sick leave as follows: Hours Earned Hours Earned Maximum Hours Monthly Annually 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 6.3 (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 6.3 (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 elects to participate in this sick leave program, he /she shall remain in same with no return privileges. 6.4 Catastrophic Leave Leave benefits shall be provided as outlined in City Council Resolution No. 2001 - 270, adopted December 11, 2001— Catastrophic Leave 6.5 Paternity Leave Regular employees may use up to three (3) days accrued sick leave for paternity leave, following the birth of a child. Specifically, employees assigned to the 24- Hour Kelly Plan receive fifty -one (51) total hours; employees on a 10140 schedule receive thirty (30) total hours. 6.6 Family and Medical Leave Employees may request an unpaid leave of absence under the California Family Rights Act (CFRA) and/or the Federal Family Medical Leave Act (FMLA). Employee request for leave shall comply with the requirements of the CFRA and /or the FMLA. 6.7 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. Such assignments shall be temporary. They may involve duties that differ slightly from the normal work duties of the employee but shall be duties substantially within the scope of those normally performed by other employees with the same job classification. Such light or limited duty assignment shall not affect the employee's job classification or retirement status (i.e. Safety vs. Non - Safety Retirement). Such light, limited, or modified duty shall terminate when the employee is physically able to perform all his /her normal work duties. 6.8 Americans with Disabilities Act The City and RPPSOA recognize that the City has an obligation under law to comply with the Americans with Disabilities Act (ADA). MOA- Rohnert Park Public Safety Officers' Association ♦ December 1, 2007 through June 30, 2009 12 6.9 Payment to Beneficiary 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 enrollmenUbeneficiary card for City - provided Life Insurance. 6.10 Health Plan Coverage 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 comparable 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 Kaiser Foundation Health Plan, Inc:,. California North Region (S Coverage - $20 Co -Pay) at the employee's enrollment level. Effective July 1, 2008 the City agrees to contribute towards medical insurance premiums an amount equal to 80% of the lowest cost health 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 Memorandum of Agreement, the City and RPPSOA agree to meet and confer in an effort to maintain the level of benefits as provided for in this Memorandum of Agreement. (c) Alternate Benefit - Eligible employees may receive an alternate benefit 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. Public Safety Officer Trainees shall be excluded from receiving an Alternate Benefit. City and RPPSOA agree to meet and confer regarding a revised Alternate Benefit program. 6.11 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 Plan, which for the most part, but with some exceptions, provides the following coverage: (a) One hundred percent (100 %) of the cost of diagnostic and preventative care. (b) Eighty -five percent (85 %) of the cost of basic dental services. (c) Eighty-five percent (85 %) of the cost of crowns and restorations. (d) Fifty percent (50 %) of the cost of prosthodontics. (e) Two thousand dollar ($2,000) maximum benefit for dental services per person per year. (f) Fifty percent (50 %) of the cost of orthodontics with a three thousand five hundred dollar ($3,500) lifetime maximum benefit per person. MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 13 6.12 Vision Coverage The City will provide, at no premium cost to employees, a 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 photo chromic 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 of 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 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 visit. 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, Lasik/Custom Lasik). 6.13 Adoption Benefit The City will 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 stepchildren, i.e. children of present spouse. 6.14 Death/Bereavement Leave (a) A regular employee shall be paid up to thirty (30) hours of bereavement leave when there is a death in their immediate family. (b) Additionally, a regular employee may, subject to approval of the department head, use twenty (20) hours of the employee's accrued sick leave if the employee must travel out of the area, i.e. at least 250 miles one way. (c) Immediate family in this case means spouse, father, father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparents -in -law, grandchildren and relationships in loco- parentis and close personal, relationships with the approval of the City Manager and or his/her designee. (d) It is mutually agreed by the City and RPPSOA that the City's most current "Disability Wage Plan" a copy of which is attached hereto, shall be reflect death and bereavement leave as outlined in this Memorandum of Agreement. MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 14 6.15 Funeral Expense Benefit The City will provide fifty percent (50 %) co- payment, not to exceed $2,000, for funeral expenses for an employee or the employee's spouse. 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. 6.16 Long -Term Disability Insurance (a) Employees represented by this Agreement will obtain his /her long -term disability insurance coverage from a private PORAC sponsored long -term disability program. (b) The City agrees to collect monthly insurance premiums from employees for private PORAC sponsored. long -term disability plan and. remit the collected premium to Myers- Stevens & Company. The City will accomplish collection of insurance premiums by monthly deductions from the employee's. paycheck. All employees represented by this Agreement must have a signed insurance premium deduction authorization form on file with the City's payroll office. RPPSOA will hold the City harmless from any liability or errors resulting from the collection and remittance of insurance premiums. (c) Employees represented by this Agreement shall join and maintain his /her long -term disability insurance with the private PORAC sponsored long -term disability program, subject to the provisions of the insurance plan. (d) RPPSOA agrees to indemnify the City, its officers, employees and agents and hold it harmless against any and all suits, claims demands and liability that shall arise directly or indirectly out of any action that shall be taken by the City, its officers, employees and agents from the discontinuance of the long -term disability plan provided by Standard Insurance, for permitting employees represented by this Agreement to establish a private long -term disability insurance plan and pay for it individually through payroll deduction and for complying with the foregoing sections. 6.17 Disability Wage Plan The City agrees to work on updating the Disability Wage Plan utilizing an employee committee, which includes representative(s) from the RPPSOA. It is the City's intention to have a final draft of the Disability Wage Plan completed no later than June 30, 2005. 6.18 Life Insurance (a) The City will provide, at no premium cost to employees, $50,000 life insurance coverage provided to employees and $1,000 for spouse, domestic partner and dependents, and which coverage includes accidental death and dismemberment benefits. (b) The City will allow, subject to the insurance carrier's approval, any employees to purchase, at their own cost, additional life insurance coverage under the City's group program. 6.19 Deferred Income The City will continue to make available to the employees a deferred income program, such as that now being administered by National Deferred MOA- Rohnert Park Public Safety Officers' Association . December 9, 2007 through June 30, 2009 Compensation and ICMA or a similar program with another institution acceptable to City. City agrees to continue to contribute to Deferred Income for those employees still eligible and agreed to as part of the City's withdrawal from Social Security., 6.20 Retired and /or Permanent and Totally Disabled Employees 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 the California Public Employees' Retirement System .(CalPERS). Coverage will extend to eligible spouse, domestic partner, and dependents. Said employees shall be referred to as "Retired. Employees." (b) To regular full -time or regular part -time employees who are classified as Safety Members under Ca1PERS: 1. Have at least two (2) years of continuous service with the City, and; 2. Are retired forthwith from the City of Rohnert Park service into the 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 24 months of gainful employment is obtained in an occupation in which the material duties are reasonably fitted by 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. Said employees shall be referred to as "Retired Employees" except for the circumstances noted above in which the employee is no longer permanently or totally disabled. Coverage will extend to eligible spouse, domestic partner, and dependents. To regular full -time or regular part-time employees who are classified as Miscellaneous Members under CalPERS: 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 the 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.24 months of gainful employment is obtained in an occupation in which the material duties are reasonably fitted by 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 hall be discontinued. MOA- Rohnert Park Public Safety Officers' Association ♦ December 1, 2007 through June 30, 2009 16 Said employees shall be referred to as "Retired Employees" except for the circumstances noted above in which the employee is no longer permanently or totally 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. (f7 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 partner until the spouse or domestic partner dies or marries. 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) Effective December 1, 2007 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) Effective December 1, 2007 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. Employees with less than 15 consecutive years of service with the City receive no medical benefits at retirement. 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. MOA- Rohnert Park Public Safety Officers' Association • December 9, 2007 through June 30, 2009 17 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. The City's share of the premium costs for all retirement benefits as described herein shall not exceed employee plus one dependent. 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 and who elect to retire on or before June 30, 2008 shall be eligible to retire under the retiree medical benefits they were vested under as of 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 (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" MOA- Rohnert Park Public Safety Officers' Association • December 9, 2007 through June 30, 2009 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) To regular full-time or regular part -time employees hired after July 1, 1993 and who have at least two (2) years of continuous service with the City and who retire due to permanent or total disability (industrial disability retirement), City agrees to pay towards premium cost(s) for City provided /offered medical insurance, life insurance, dental program, and vision care benefits only, fifty percent (50 %) of applicable premium cost(s), at the time of (industrial) disability retirement. Total disability will be construed as having a disability rating in excess of fifty percent (50 %) as determined by Public Employees Retirement System. Coverage will extend to eligible dependents. (n) To regular full - time or regular part -time employees hired after July 1, 1993 and who have over fifteen (15) years of continuous service with the City and who retire due to permanent or total disability, City agrees to pay towards premium cost(s) for City provided /offered medical insurance, life insurance, dental program, and vision care benefits only at the applicable percentage amount as indicated in the schedule in Section 6.20 (h) above. Total disability will be construed as having a disability rating in excess of fifty percent (50 %) as determined by Public Employees Retirement System. Coverage will extend to spouse, domestic partner or eligible dependents. (o) 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. (p) Any retired employee who, after retirement from the City, becomes employed elsewhere and is covered by medical, 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. (q) Any spouse or domestic partner of a deceased employee or deceased retired employee who is receiving benefit coverage as provided under this section, who becomes employed and is covered by medical, health, dental or vision MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 19 6.21 6.22 6.23 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. Clothing Allowance That the City will provide uniforms to those employees required to wear them. The City will provide replacement issue uniforms as and when deemed necessary by the City. (a) The City will provide a Uniform Maintenance Allowance of two hundred and forty dollars ($240) per calendar year to be paid monthly. (b) The Department will provide the necessary Academy uniforms for Public Safety Officer Trainees. Education and Training The City will provide ' an education and 'training assistance program to provide reimbursement to employees for tuition and book costs only for attending and completing, with a satisfactory grade (C or better), courses in the adult high school program, at Santa Rosa Junior College, at Sonoma State University or any other educational institution acceptable to the City. All courses or classes for which reimbursement will be requested must be previously approved by the Department Head and the City Manager prior to the start of said classes and approval requested on the appropriate City form. The maximum allowed amount reimbursable for tuition is one thousand dollars ($1,000) per instructional period plus books and materials, with a total reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year. Longevity and Incentive Pay (P.O.S.T., Detectives, Motor Officers) (a) The City will continue to provide longevity pay to employees, based on continuous years of service (as defined in Section 6.20 (k) as follows: Completed Years Pay Percentage of Service Increases 5 years 2% For each completed year thereafter 1/2% The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay. The "completed years of service" will be determined on January 1, and July 1 and not on an employee's employment anniversary date. For employees hired after 10/10195, the longevity program as outlined above does not apply. (6.21) (b) For employees hired after 10110/95, which are not eligible for longevity pay as outlined in paragraph (a) above, the following educational pay benefit shall be provided. 1. Associates of Arts Degree (AA) $100.00 per month Stipend. MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 20 Effective July 1, 2003 Sergeants, PSOs and CS Os shall receive 1.8% of base salary per month Stipend and Dispatchers shall . receive 2.4% of base salary per month Stipend. 2. _ Bachelor of Arts or Science Degree (BA or BS) $150.00 per month Stipend. Effective July 1, 2003 Sergeants, PSOs and CSOs shall receive 2.8% of base salary per month Stipend and Dispatchers shall receive 3.6% of base salary per month Stipend. The Stipend payments provided above are not cumulative. A Stipend is paid for only one of the two degrees per employee. In no event shall an employee be paid for more than one degree. The Stipend payments are authorized only for Associate of Arts (AA) degrees and Bachelor of Science (BS) or Bachelor of Arts (BA) degrees from an accredited college or university. A copy of the degree must be provided for validation and approval of payment. (c) The City will provide a P.O.S.T. Certification Stipend to Sergeants and Public Safety Officers based upon receipt of an Intermediate or Advanced P.O.S.T. Certification. The amount of the Intermediate P.O.S.T. Certification Stipend will be four and one half (4%2) percent of base salary per month effective January 1, 2007. The amount of the Advanced P.O.S.T. Certification Stipend will be seven (7) percent of base salary per month effective January 1, 2007. The Stipend payments provided above are not cumulative. Only one of the two P.O.S.T. Certification Stipends is paid per employee. (d) The City will provide an Incentive Stipend to Sergeants and PSOs assigned to the Detective Division (including but not limited to the Gang Task Force, Special Enforcement Unit, and Narcotics Task Force) of five (5) percent of base salary per month. (e) The City will provide an Incentive Stipend to Public Safety Officers assigned to motorcycle duty of three (3) percent of base salary per month effective July 1, 2004. (f1 The City will provide an Incentive Stipend to Public Safety Officers assigned as the Police Canine Handler of three (3) percent of base salary per month. (g) Sergeants who possess the P.O.S.T. Supervisory Certificate shall be eligible for two and one -half (2.5) percent of base salary per hour supervisory pay. (h) Community Service Officers who have successfully completed either /or both the P.O.S.T. Field Evidence Technician and Field Evidence Technician - Advanced courses shall be eligible for two and one -half (2.5) percent of base salary per hour differential pay. (i) Effective thirty (30) days following the establishment of a Dispatcher Certification Program by P.O.S.T., the City shall implement a Lead Dispatcher program. Designation as a Lead Dispatcher is limited to no more than four (4) Dispatchers, and requires receipt of an Intermediate P.O.S.T. Dispatcher Certificate or higher certification. The Lead Dispatcher stipend will be two and one -half (2.5) percent of base pay salary per hour lead pay. MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 21 6.24 Retirement Program (a) Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) three percent (3 %) :at fifty (50) retirement program to local safety members and the CaIPERS two and seven tenths percent (2.7 %) at fifty five (55) retirement program to - Public Safety Officer Trainees, Community Services Officers, and Dispatchers. (b) The City will continue to provide the "one -year highest compensation" optional provision in its contract with CaIPERS per CaIPERS Section 20024.2. (6.23b) (c) The- City will absorb any employer contribution rate increases for safety members required by CaIPERS. Miscellaneous members will contribute one percent (I%) of their salary and compensation subject to CaIPERS, as part of the employer's CaIPERS contribution. The City will pay the employee's nine percent (9 %) contribution to CaIPERS for local safety members and will allow said payment to be credited to the employee's account. The City will pay the employee's eight percent (8 %) contribution to CaIPERS for Public Safety Officer Trainees, Community Services Officers and Dispatchers and will allow said payment to be credited to the employee's account. (e) The City shall report the employee's contribution, a percentage of the EPMC to CaIPERS as additional compensation for all local safety members of the RPPSOA. The City shall report the employee's contribution, a percentage of the EPMC to CaIPERS as additional compensation for Public Safety Officer Trainees, Community Services Officers, and Dispatchers. The City will report the value of the EPMC in accordance with all applicable provisions of the Government Code, law and requirements of the CaIPERS. The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies both 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. (f) 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 upon retirement for the 5.0% annual maximum cost -of- living allowance increase as defined in Section 21335. 6.25 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. MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 6.26 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. 7. Agency Shop and Payroll Deductions 7.1 Agency Shop (a) The RPPSOA may, at its sole discretion, choose to adopt an Agency Shop pursuant to Government Code Section 3502.5. If adopted, the City will recognize the Agency shop as applying to all regular full-time and regular part - time employees represented by the Bargaining Unit. (b) If the RPPSOA adopts agency shop in Section 7.1 (a) above, then the following apply: 1. It is recognized that RPPSOA owes the same responsibilities to all employees in the representation unit, and has a duty to provide fair and equal representation to all employees in all classes in the unit whether or not they are members of RPPSOA. 2. All employees in the representation unit, excluding supervisory or confidential employees who have chosen not to join the RPPSOA pursuant to Government Code Section 3502.5 (c), shall, as a condition of continued employment, beginning with the second full pay period after such effective date and until the termination of the Agreement, either: (i) Become a member of RPPSOA; or (ii) Execute a written declaration that the employee is a member of a bona fide religion, body, or sect which holds a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and (iii) Pay a sum equal to the agency fee described in subsection 7.3 to a non - religious, non -labor charitable fund chosen by the employee from participating agencies of the United Way of Sonoma - Mendocino -Lake. The employee shall furnish written proof to the City and RPPSOA that this contribution has been made. 3. The condition of employment specified above shall not apply during periods of separation from the representation unit by any such employee but shall reapply to such employee commencing with the third full pay period following the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leaves of absence with a duration of more than two full pay periods. The condition of employment specified above shall not apply to newly hired employees until the beginning of the third full pay period of employment. MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 4. All represented employee members who had Association dues deduction authorizations on file with the Auditor- Controller or the Association, or who may thereafter authorize in writing the deduction of their dues, shall remain on payroll deduction for the term of this Memorandum of Agreement or so long as they are members of the representative units. Members may terminate payroll deductions of dues at the expiration of this Memorandum of Agreement by giving written notice to RPPSOA during a one - month period between ninety (90) and sixty (60) days prior to the expiration of the term. 7.2 Deductions The RPPSOA shall be provided with monthly payroll deduction of Association dues, service fees, and premium amounts for insurance programs sponsored by the employee's organization at no cost to the employee organization. 7.3 Listing of Deductions The RPPSOA shall provide the City Manager with a listing of deductions to be made from represented employees. Said listing will remain in force until amended by RPPSOA in writing. RPPSOA will hold the City harmless for any liability or errors resulting from errors on the listing provided by RPPSOA. 7.4 Hold Harmless RPPSOA agrees to indemnify and defend the City, its officers, employees and agents and hold it harmless against any and all suits, claims, demands and liabilities that shall arise directly or indirectly out of any action that shall be taken or not taken or on behalf of the City, its officers, employees and agents for the purpose of complying with the foregoing sections. 8. Safety Equipment 8.1 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. 8.2 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. 8.3 Safety Glasses, Contacts, and UV Eye Protection (Sunglasses) City will reimburse for primary prescription safety glasses or contact lenses to those employees required by City to wear them. Such employees will not be entitled to receive a first set of glasses or contact lenses 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 or contact lenses, within the terms of MOA- Rohnert Park Public Safety Officers' Association • December 9, 2007 through June 30, 2009 24 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 Sergeants, PSOs and CSOs authorized to operate Public Safety vehicles and motorcycles. 9. Salaries & Miscellaneous Pay 9.1 Salary Adjustments (a) Effective December 1, 2007 the base salary for Public Safety Officers shall be adjusted by four percent (4 %). Effective July 1, 2008 the salaries for Public Safety Officers shall be adjusted by three percent (3 %). (b) Effective December 1, 2007 the base salary for Sergeants shall be adjusted by six percent (6 %). Effective July 1, 2008 the salaries for Sergeants shall be adjusted by five percent (5 %). 9.2 Field Training Officer (FTO) Pay Employees who are qualified and regularly assigned by the Director of Public Safety, as a Field Training Officer, shall receive a five percent (5 %) of base salary monthly stipend. This stipend may be pro -rated by pay period. . (a) A Field Training Officer shall be defined as a Public Safety Officer who has been fully qualified to train newly hired Public Safety Officers. To be eligible to apply for FTO the officer must currently be assigned to the Patrol Division or due to return to the Patrol Division from a specialty assignment within one (1) year or less; must be off probation; and have at least three (3) years full time experience as a peace officer in the State of California. Field Training Officers will be selected through a three phase testing process. The process will include a written test, an oral examination, and supervisory and command staff review. After a candidate has been selected, he or she will be required to successfully complete a P.O.S.T. certified FTO School before final appointment. (b) Any FTO who is assigned to a specialty position of Detective or Three -Year Fire Position will automatically relinquish his or her FTO status and pay incentive, and will be required to re -apply for the position when he or she becomes eligible. PSOs assigned to the Detective Division shall not be eligible for an FTO assignment and the pay incentive. Any FTO who is assigned to the Fire Services Division for a period of not more than one year shall retain his or her FTO status and pay incentive. (c) Completion of a three -year term as a FTO shall be deemed as successfully completing the FTO assignment. At any time after three years as a FTO, an employee, at his or her option, may elect to discontinue the FTO assignment by notifying the City in writing. If an employee exercises this option, the employee will automatically relinquish his or her FTO status and pay incentive. The exercise of this option by an employee will not be grounds for any disciplinary action by the City. (d) The City reserves the right to exercise its regular and customary management rights with regard to FTO assignments including, establishing FTO performance standards, conducting an annual performance review of the FTO and taking disciplinary actions subject to the requirements of applicable laws. MOA- Rohnert Park Public Safety Officers' Association * December 1, 2007 through June 30, 2009 25 9.3 Fire Specialty Assignment and Engineer Pay (a) Sergeants and PSOs assigned to a specialty assignment in the Fire Services Division of at least three (3) years shall receive a stipend of an additional two percent (2 %) of base salary per month pay. (b) Employees who are qualified and regularly assigned and. engage in the performance of duties of Fire Engineer in the Fire Services Division of the Department of Public Safety shall receive an additional two and one half percent (2.5 %) of base salary per month pay. 1. Fire Engineer shall be defined as any employee who has been fully qualified both mentally and physically capable to operate one or more pieces of City owned major Class A firefighting apparatus. 2. Each qualified Fire Engineer must re- certify every two (2) years with both a written examination and hands -on field test administered by the Department of Public Safety. Any Public Safety Officer not passing the entire re- certification process will lose the Fire Engineer Pay increment until such time as he /she is re- certified. 3. The required hands -on field- testing for Fire Engineer shall be done at random by lottery, and at any time. 4. Community Services Officers and Dispatchers are not eligible for Fire Engineer Pay. 9.4 Fire Captain Pay Employees who are qualified and assigned as Fire Captains and who are regularly assigned and employed in the performance of duties of Fire Captain in the Fire Services Division of the Department of Public Safety shall receive an additional four percent (4 %) of base salary per month pay (in addition to Engineer Pay). (a) The City at its sole discretion shall determine the number of Fire Captains to be assigned. (b) Each qualified Fire Captain must re- certify every two (2) years. Any employee not passing the entire re- certification process will lose the Fire Captain Pay increment until such time as he /she is re- certified. 9.5 EMT Pay Employees who are qualified as Emergency. Medical Technicians and employed in the performance of duties of Public Safety Officer shall receive an additional two percent (2 %) of base salary per month pay. (a) The City, at its sole discretion, shall determine the number of qualified EMT's to be assigned and receiving the EMT pay increment. (b) Each qualified must re- certify every two (2) years. if the EMT status is not re- certified, the EMT pay increment will be removed. 9.6 Payday City shall distribute Paychecks to employees by noon on payday. MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 26 9.7 Shift Differential (a) Effective .July 1, 2004, Dispatchers shall receive a five percent (5 %) of base salary per hour shift differential for all hours worked between four (4) p.m. to seven (7) a.m. (b) Public Safety Officers, Community Services Officers and Sergeants shall receive a five percent (5 %) of base salary, per hour shift differential for all hours worked between seven (7) p.m. to seven (7) a.m. This stipend shall not apply to employees while performing work in the Fire Division. 9.8 Non -Sworn Training Officer Pay (a) Dispatchers, who are qualified and regularly assigned by the Director of Public Safety in the training of new Public Safety Dispatchers during their probationary period, shall receive a monthly stipend of five percent (5 %) of his /her regular base salary. This stipend may be pro -rated by pay period. (b) Community Service Officers (CSO), who are qualified and regularly assigned by the Director of Public Safety in the training of new CSO's during their probationary period, shall receive a monthly stipend of five percent (5 %) of his /her regular base salary. This stipend may be pro -rated by pay period and shall be retroactive to the first day of CSO Training: October 25, 2004. 9.9 Bilingual Pay Dispatchers, Public Safety Officers, Community Services Officers and Sergeants verbally fluent in the Spanish language are eligible for two and one -half percent (2.5 %) of base salary per hour Bilingual Pay. The City shall establish an evaluation process for designating and certifying employee eligibility for bilingual pay- 9.10 Master Officer Program (a) The City shall establish a Master Officer program for Public Safety Officers with the following eligibility criteria: 1. Minimum of ten (10) years of full -time peace officer or firefighter experience, of which a minimum of five (5) years shall be service with the City of Rohnert Park, and 2. Possession of a P.O.S.T. Intermediate Certificate or higher, and 3. Any one of: i. Associate of Arts degree or higher from an accredited college, or ii. Actively seeking a Bachelors degree from an accredited college, with a minimum of two years completed ( "actively seeking" means the successful completion of courses towards a Bachelors degree in two of the three most recent semesters or quarters, with a total of at least six (6) semester units completed during that period), or iii. Currently assigned one or more of the Special Assignments listed below, or have held two or more of the Special Assignments within the past five (5) years. Special MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 27 Assignments to be considered for this program are:. ' Acting Shift Supervisor; Field Training Officer; Fire Engineer; Detective; Special Enforcement Unit; Gang Officer; Police Canine Handler; School. Resources Officer; Firearms Instructor; Defensive Tactics Instructor; Driving Instructor; Motors; Traffic; MATT; Field ID Technician; OES Coordination Team, or other assignments deemed qualifying by the Director of Public Safety. (b) Public Safety Officers that qualify as a Master Officer shall receive five percent (5 %) of base salary per hour as Master Officer Pay. 10. Alcohol and Drugs The City and RPPSOA agree to work together to assist any employee who has 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 Public Safety employees are required to drive City vehicles and respond to emergency situations, 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. 10.1 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, work day, nor while on assigned standby duty. 10.2 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. 10.3 Prescription Drugs Employees using prescription drugs, which affect the employee's, ability to work safely, must inform their supervisor and may be assigned to other appropriate duties or required to take sick leave. 10.4 Special Assignments The above sections relating to alcohol use may be excepted for those employees on an approved and supervised special assignment by the Department of Public Safety. Said employee shall not drive a vehicle if employee is over the allowed blood alcohol content. MOA- Rohnert Park Public Safety Officers' Association + December 1, 2007 through June 30, 2009 28 11. Physical and Psychological Fitness 11.1 Physical Fitness RPPSOA acknowledges the importance of employees maintaining proper physical and mental condition in order to perform job duties in a manner acceptable to the City. Physical Fitness is a voluntary program. RPPSOA members who voluntarily enroll and successfully "pass" the Physical Agility and Fitness Standards test shall receive twenty (20) hours of physical fitness workout compensatory time. The RPPSOA and City agree that compliance with physical fitness standards are voluntary and do not carry an intention of the City to terminate an employee solely for failure to meet physical agility and fitness standards. Fitness for duty provisions under the Government Code and applicable case law would be the determining factor on handling of employees determined to be unfit for duty. City can, at any time, at its option and cost, require a complete physical examination, a physical agility test, or a weight examination, for any or all employees to determine job fitness. This Agreement hereby incorporates Letter of Agreement on Physical Fitness, dated January 27, 1998 and modified "Exhibit C" dated December 1, 2007. 11.2 Fitness Program The City and RPPSOA agree that the "Fitness Program" used by City shall be that as outlined in the attached "Exhibit C." 11.3 Psychological Fitness RPPSOA acknowledges the importance of employees maintaining proper mental condition in order to perform job duties in a manner acceptable to the City. City can, at any time, at its option and cost, require a psychological examination for any or all employees to determine job fitness. Fitness for duty provisions under the Government Code and applicable case law would be the determining factor on handling of employees determined to be unfit for duty. 11.4 Psychological Counseling Any employee who feels in need of counseling shall be provided same by City after clearance from the Department Head or Human Resources Department, which clearance shall be kept in strictest confidence. City at its sole discretion reserves the right to establish a maximum counseling benefit. U. Smoking 12.1 Non - smoking Pay Premium RPPSOA and City recognize the nation -wide concern with use of tobacco and the relationship it has to disease. City agrees to provide a twenty -five dollar ($25) monthly pay premium to employees hired before July 1, 1993 and who refrain from the use of tobacco in any form. Any employees receiving the pay premium for not using tobacco and whom starts using tobacco shall rebate to the City all non - smoking premiums paid by City to said employee during the immediate twelve (12) months proceeding. MOA- Rohnert Park Public Safety Officers' Association • December 9, 2007 through June 30, 2009 12.2 Employees Hired After July 1, 1993 RPPSOA acknowledges that the City, beginning July 1, 1993, hired new employees with the clearly expressed condition of employment that they refrain from smoking. 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. (11.2) RPPSOA acknowledges the City's right to take appropriate disciplinary action should any such employee hired after the effective date of this agreement 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. (11.3) RPPSOA acknowledges that due to the City's 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 $25 pay premium for not smoking. 13. Residency 13.1 All employees are encouraged to. reside within the City. All employees in the bargaining unit, with the exception of sworn personnel including Public Safety Officers and Public Safety Sergeants, residing within Rohnert Park shall receive a $60 per month residency bonus. At the discretion of the City Manager, said residency bonus may be increased. 13.2 All sworn Public Safety personnel, i.e. Public Safety Officers and Public Safety Sergeants, shall receive a $150 per month '9n- district" Stipend in 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 or any one of the Rohnert Park Public Safety stations. The Director of Public Safety will determine eligibility for the "In-district" Stipend. 14. Grievance Policy and Procedure RPPSOA and City agree to comply with the grievance procedure 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. 15. Personalized Vehicle Program RPPSOA acknowledges and agrees that during 1981 the City initiated a "Personalized Vehicle Program" in the Department of Public Safety. At the time the Association acknowledged that the City could at any time, 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 Association agreed then, and reaffirms agreement, that 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. MOA- Rohnert Park Public Safety Officers' Association ♦ December 1, 2007 through June 30, 2009 30 16. Use of City Facilities 16.1 Use of Sport 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 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 16. 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. 16.2 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 dates. 17. Management Rights Except as limited in this Memorandum of Agreement and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery and to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this Memorandum of Agreement; to direct its employees and establish employee performance standards and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the. requirements of applicable laws; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. 18. Work Curtailment (No Strike Clause) Under no conditions or circumstances shall the Association or any of the employees it represents individually or collectively cause, sanction, honor or engage in any strike, sit -down, stay -in, sick out, slow -down, speed -up, work to rule or in any other type of job action, curtailment of work, restriction or production or restriction of service during the term of this agreement. MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 31 19. Personnel Rules and Regulations City Agrees to meet and confer with RPPSOA regarding any updates or changes to its Personnel Rules and Regulations. The City will amend its Personnel Rules and Regulations by September 1, 2004 to provide for a procedure that parallels those included in Government Code Sections 3300 through 3312, the Public Safety Officers Procedural Bill of Rights, and will apply to non -sworn members of RPPSOA. 20. Rescinding of Previous Resolutions /Agreements RPPSOA acknowledges that certain provisions of this agreement may conflict with resolutions currently in effect regarding employee working conditions or benefits. The provisions of this agreement supersede any previous resolutions or agreements that may be in conflict with provisions of this agreement as of the effective date of this agreement. 21. Term of Agreement . 21.1 Effective Date This agreement is to become effective on December 1, 2007. 21.2 Termination Date This agreement will terminate on June 30, 2009 unless extended by mutual agreement of the parties. 22. Succeeding Agreement Negotiations for the period commencing July 1,2009 shall begin on or before May 1, 2009, by which time RPPSOA shall submit its proposals to the City Manager. Said submittal shall include an estimated percentage decrease or increase in the cost of proposals compared to the provisions of this agreement. City shall, if requested, assist RPPSOA in a reasonable manner in providing information to determine the percentage decrease or increase. 23. Invalidation 23.1 Suspension of Agreement If during the term of this agreement, any item or portion thereof of this agreement is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this agreement shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this agreement shall not invalidate any remaining portion, which shall continue in full force and effect. 23.2 Replacement In the event of suspension or invalidation of any article or section. of this agreement, the parties agree, that except in an emergency situation, to meet and confer within thirty (30) days after such determination for the purpose of arriving at a mutually satisfactory replacement for such article or section. MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 32 24. Non- Discrimination City acknowledges that in receiving the benefits .afforded by this Memorandum of Agreement, no person shall in any way be favored or discriminated against to the extent prohibited by law 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. 25. Personnel Files Employees or their duly authorized representative have the right to inspect his or her personnel file maintained by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of the personnel file. 26. 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 (30) days after the evaluation interview. 27. Employee Association Officers The City agrees to authorize a bank of three hundred and twenty (320) hours each fiscal year for RPPSOA members conducting necessary Association business. The intent for this Time Bank is to make time available to RPPSOA Board members or RPPSOA Members designated by the Board to conduct Association business on what would otherwise be on- duty time or to facilitate a "flex" in hours from a member's normal shift in order to attend a necessary meeting or conference. Requests for time off under this provision shall first require the approval of the RPPSOA President or his /her designee and then will be processed normally as a request for Compensatory Time Off. In the event that RPPSOA is training a new employee representative and the City /Department is conducting a disciplinary review, the new RPPSOA representative shall be allowed to sit in on the interview for training purposes, with the permission of the employee who is subject of the disciplinary interview and with prior Department approval. MOA- Rohnert Park Public Safety Officers' Association ♦ December 1, 2007 through June 30, 2009 33 CITY OF ROHNERT PARK R. P. PUBLIC SAFETY OFFICERS' ASSOCI 6 SOA) � �• 62-0% �� Steve Donldy, City anage DATE Dale Utecht, President DATE Eric Robins Vice President `DATE tubblebine. Board Member DATE APPROVED AS TO FORM: jamin D. Winig, Ass' ant City Attorney By: h� Ma r Resolution Number: 2008 -23 Incorporated by Reference. The following are incorporated in this agreement by reference: City Council Resolution No. 80 -140, adopted August 11, 1980 - Regular PVT Employees' Fringe Benefits City's most current "Disability Wage Plan" "Exhibit C - Fitness Program" Modified December 1, 2007 City Council Resolution No. 79 -22, adopted February 13, 1979 - Grievance Policy and Procedure City's Personnel Rules & Regulations City Council Resolution No. 2001 -270, adopted December 11, 2001- Catastrophic Leave City Council Resolution No. 2007 -178, adopted October 23, 2007 - Alternate Benefit MOA- Rohnert Park Public Safety Officers' Association ♦ December 9, 2007 through June 30, 2009 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. • 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. • 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. MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 35 INDEX A Adoption Benefit, 14 Agency Shop, 23 Agency Shop and Payroll Deductions, 23 Alcohol and Drugs, 28 Off -Duty Hours, 28 Prescription Drugs, 28 Alcoholic Beverages or Other Drugs, 28 Alternate Benefit, 13 Americans with Disabilities Act, 12 Ifl Bilingual Pay, 27 Breaks and Meal Breaks, 6 Call -Out, 8 Catastrophic Leave, 12 Clothing Allowance, 20 Compensatory Time, 7 C C Death/Bereavement Leave, 14 Deferred Income, 15 Dental Coverage, 13 Dependent Care Assistance Program, 22 Disability Wage Plan, 15 Dispatchers Shift Rotation, 5 E Education and Training, 20 Employee Association Officers, 33 Employee Performance Evaluations, 33 EMT Pay, 26 F Family and Medical Leave, 12 Field Training Officer (FTO) Pay, 25 Fire Captain Pay, 26 Fire Engineer Pay, 26 Fire Specialty Assignment Pay, 26 Fitness Program, 29 Fringe Benefit Administration, I I Fringe Benefits for Part-time Employees, 11 Fringe Benefits, Other Than Vacation and Holiday, 11 Funeral Expense Benefit, 15 G Grievance Policy and Procedure, 30 H Health Care Tax -Free Dollar Account Program, 23 Health Plan Coverage, 13 Alternate Benefit, 13 Holiday Pay, 9 Holiday Pay for Detectives, 9 Holidays, 8 Hours of Work, 5 Industrial Injury or Illness, 11 Invalidation, 32 Replacement, 32 Suspension of Agreement, 32 Kelly Plan Schedule, 6 K L Life Insurance, 15 Light or Limited Duty, 12 Limit on Hours Worked in a Work Cycle, 6 Longevity Pay, 20 Long -Term Disability Insurance, 15 139 Management Rights, 31 Master Officer Program, 27 Military Training, I 1 N Non - Discrimination, 33 Non - smoking Pay Premium, 29 Non -Sworn Training Officer Pay, 27 U Observed Holidays, 8 Off -Duty Court Appearance Pay, 8 Overtime, 7 P Paternity Leave, 12 Payday, 26 Payment to Beneficiary, 13 Payroll Deductions, 24 Hold Harmless, 24 Listing of Deductions, 24 Performing Arts Center, 31 MOA- Rohnert Park Public Safety Officers' Association • December 1, 2007 through June 30, 2009 Personalized Vehicle Program, 30 Personnel Files, 33 Personnel Rules and Regulations, 32 Physical and Psychological Fitness, 29 Physical Fitness, 29 Police and Fire Training Drills, 5 Psychological Counseling, 29 Psychological Examination, 29 Public Safety Officer Trainees', 5 Is Regular Workweek for Employees, 5 Rescinding of Previous Resolutions /Agreements, 32 Residency, 30 Retired and/or Permanent and Totally Disabled Employees, 16 Retirement Program, 22 S Safety Equipment, 24 Personal Equipment, 24 Replacement Equipment, 24 Safety Glasses, Contacts, and UV Eye Protection (Sunglasses), 24 Salaries & Miscellaneous Pay, 25 Salary Adjustments, 25 Shift Change Day Light Savings Time, 6 Shift Changes, 6 Sick Leave, 11 Sick Leave Accumulation, 12 Smoking, 29 Employees Hired After July 1, 1993, 30 Special Assignments, 28 Stand -By, 8 Succeeding Agreement, 32 Term of Agreement, 32 Effective Date, 32 Termination Date, 32 T U Use of City Facilities, 31 Performing Arts Center, 31 Use of Sport Center and Lap Swimming Program, 31 v Vacation, 10 Eligibility for New Hires, 10 Maximum Accrual, 10 Seasonal or Temporary Employees, 10 Vacation Benefits, 10 Vacation Schedule, 10 Vacation Schedule Based on Seniority, 11 Vision Coverage, 14 VAI Work Curtailment (No Strike Clause), 31 MOA- Rohnert Park Public Safety Officers' Association ♦ December 9, 2007 through June 30, 2009 37 Side Letter between City of Rohnert Park and Rohnert Park Public Safety Officers Association (RPPSOA) Shift Sign Ups February 6, 2008 The Parties agree to the following: Patrol shift sign -ups will occur twice a year, generally once during the month of February and once during the month of August. Sign -ups for all shifts will be done by seniority basis by time in grade except when, on a person by person basis, the Director determines a need to do otherwise. For the City: 1 January 16, 2008 John Noble ChiefNe otiator TO: g 1 Rohnert Park Public Safety Officers Association FROM: Bruce Heid Chief Negotiator, City of Rohne RE: Lead Dispatcher Certification Progra This is to memorialize our discussions and agreement reg ding th initiation of a. Lead Dispatcher program in the City of Rohnert Park. The State of California P.O.S.T. Program has implemented a training and certification program for Dispatchers. To that end, the RPPSOA and the City agree to establish a Lead Dispatcher program, as identified in the Memorandum of Understanding between the Association and the City, in Section 6.23 (i). Employees designated as Lead Dispatcher will receive a 2.5% stipend of base pay. Both parties acknowledge that this is a new program, and P.O.S.T. states that it may take some time to issue certifications. As both the Association and the City would like to sea this program implemented quickly, this letter recognizes that receipt and possession of the certification is not required for the initial designation as a Lead Dispatcher. If a Dispatcher meets all of the criteria and submits to P.O.S.T. a request for certification, that will satisfy the requirements for the initial consideration for Lead Dispatcher. Afler the initial designation of Lead Dispatcher positions, determination of eligibility for the Lead Dispatcher stipend will follow the same process and procedures as used for the City's P.O. S.T. safety positions. 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 1 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 may be 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 restrict 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 .standards 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 I which government .operations are to be conducted; take all necessary actions to cant' out, its mission in `emergencies; and exercise complete control and: discretion over its .organization and technology of performing its work: ARTICLE. II — 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 shall fully explain the grievance and the solution desired: The' supervisor shall .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 III and IV. - Page 4 i ARTICLE .111 — 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 shalt 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 (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- SECTIONS STEP THREE — DEPARTMENT HEAD a. The grievant` may appeal the intermediate supervisor's decision by completing Section, 3 of. the grievance form and filing -it with the appropriate department head withln.frve.(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 grievants 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, and 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 shall 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'tirrie 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 shall 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 shalt 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. e. 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 shalt 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 1. 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, 1979. 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. 80 -140 ,J RESOLUTION OF THE cdUNCIL OF.THE CITY OF ROHNERT PARK;OUTLINING POLICY FOR PROVISION OF FRINGE BEN FIT$ TO PER14ANE14T PART -TIME EMPLOYEES WHEREAS,. the Council.finds. and determines that it is. appropriate to extend, - certain fringe benefits to permanent part -time employees -;rho are employed on a year round basis, and WHEREAS, the Council ..differentiates between permanent part -time employees who work'year round and seasonal part -time employees who are employed for six (6) months or less, and . WHEREAS, the Council repognizes the city's obligation as a responsible, employer to provide the fringe benefits on a pro-rata basis to permanent part -time employees who work year round, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park' thAt effective immediately, the City Manager be and -is hereby authorized to extend t6 permanent part -time employees who work year round certain fringe benefits subject to the following: 1. Enrollment in the Public Employees' Retirement System (P.E.R.S.) 2. Vacation on a pro-rata basis. 3. Sick leave on a pro-rata basis. 4. Holiday pay on a pro -rata basis. 5. Vision care on a pro-rata basis., 6.. Residency bonus on a pro -rata basis. 7. Non- smoking premium on a pro-rata basis. 8. . Salary continuation- Standard Life Insurance Company -cn a pro -rata basis. 9. Life insurance- Standard Life Insurance Company -on a pro -rata basis. 10. Health and medical coverage and life insurance- REMIF -on a pro-rata basis. 11. Dental care benefits on a pro-rata basis.. 12. Pro -rata basis will be determinex by the amount of time that the employee regularly works. Pro-ration shall be done on a one -half or three-fourths basis only with permanent part -time employees having to put in at least 20 hours weekly minimum on a regular basis to get the half -time contribution towards fringe benefits and employee having to put in at least 30 hours- weekly on a regular basis to qualify for the three- fourths city contribution towards fringe benefits. Permanent part -time employees working regularly less than one -half time, that is less than 20 hours per week, shall -not be entitled to fringe benefits.. 13. For items 8 through 11 above, pro-rata basis means the city will contribute towards the premium cost for these fringe benefits on a ratio bas s determined by the amount of time the employee regularly works as set forth above. For example, for a one -half time employee (20 hours a week) the city will contribute 50% of the premium payment for fringe benefits items a through 11. Employee enrollment in any or all of said health fringe benefits (items 8 through 11) will be at the employee's option. At the employee's discretion, the city's aggregate dollar contribution for said fringe benefits may be applied towards the cost of any of the fringe benefits rather than all of them. For example, an employee can opt; to forego -the dental, life and salary continuation coverage fringe benefits and have the city's contribution applied toward the health and medical coverage, thus reducing the part -time employee's required dollar contribution to same. Any excess unused city's dollar contribution will remain the city's. Employee health and medical and dental coverage premiums will be calculated based on the number of employee's depenknts covered. BE IT FURTHER RESOLVED that the C R , ..,.IWffirms the city policy of not extending fringe benefits to season tr' employees who are employed for six (6) months or less. ;r DULY AND REGULARLY ADOPTED th- A.th day ra! A ust, 1980. AYES: (3) Carbone, Cavalli & NOES: (0) None ABSENT: (2) Ho V2n �te�pu ATTEST: \Ifj�'► / /,/,�ec� RESOLUTION NO. 92- 174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING UPDATED DISABILITY WAGE PLAN WHEREAS, City staff recognizes the appropriateness of updating certain employee 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 WHEREAS, 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 Rohnerc 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 C[TY no►eN ARK Mayor A,TTEST: .» :.a Deputy City Clerl ECK AYE HOLLINGSWORTH AYE }IOFKINS AYE PE U, AYESpIRO AYE AYES s NOES 0 ABSENT 0 ABSTAIN 0 CITY OF ROHNERT PARK DISABILITY WAGE PLAN s TABLE OF CONTENTS Section Title DISABILITY WAGE PLAN 1- Purpose 2. Eligibility 3. Length of Service Schedule 4- Periodic Increase in Benefits 5- Benefits Renewal — 26 Week Rule 6- How Benefits Are Calculated 7- Active Work / Authorized Leave Requirement 8- Proof of Claim 9- Notification Required 1:0- Absence Reporting 1 1. Conditions Covered 12. Conditions Not Covered .13- Pregnancy or Maternity Leave 1.4. Paternity Leave 15. Light or Limited Duty 16. Effect on Vacations 17- Sick Leave Without Pay 18. Holidays During Disability 19- Effect on Retirement 20- Sick Leave Benefits Misuse 21. Temporary Layoffs 22- Long Term Disability 23- Employee Death 24- Changes in Plan 25. Non - Discrimination 26- Additional Information INDUSTRIAL DISABILITIES I- Separate Schedules 2 -. Effect on Workers' Compensation Page No. 1 1 2 3 3 3 3 3 3 4 4 4 5 5 6 6 6 6 6 6 7 7 7 7 7 7 I DISABILITY WAGE PLAN 1. 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 PIan 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; 23 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 a right, 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. 5. BENEFITS RENEWAL — 26 WEEK RULE 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_ ACTIVE WORK/AUTHORIZED LEAVE REQUIREMENT 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 pernutting the employee to return to work following the use of any sick leave. 9_ NOTIFICATION REQUIRED When an employee becomes i11 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_ J 10. ABSENCE REPORTING _J 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_ I I. CONDITIONS COVERED 11.1 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; 11.2 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, 11.3 Providing .necessary care for an ill or injured member of the immediate family. Absences of more than one (1) 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 leave 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; 12.2 is due to intoxication, or the use of narcotics or habit forming drugs; 123 resulted from participating in a criminal act; 12.4 resulted from participating in a riot; 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 rion- 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 hysician 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 employee may absent from employment fora 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 leave 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; I3.6 An employee may request an unpaid leave.of absence (under Section 28- 1, City Manager's Administrative Policy No. 1, Personnel Rules & Regulations) 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 off =the 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 17.1 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 172 In such case of an employee 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 cover-sick leave without pay. 18. 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. i { 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 indefinitely, 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 orreligious 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 fiuther information regarding the administration of this Plan are welcome to contact the City's Personnel Office. INDUSTRIAL DISABILITIES 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_ Rohnert Park Department of Public Safety Physical Agility Fitness Program Exhibit "C" Dated: 12 -01 -07 Summary: The Physical Fitness Program is optional for all sworn personnel. No member can be compelled to participate. It has been established as an incentive for personnel to maintain a level of fitness so they can safely perform their assigned functions and reduce the probability and severity of occupational injuries. The program will consist of a battery of tests focusing on endurance, strength, and flexibility. Scoring will be on a Pass/Fail basis. Personnel that are successful in completing all tests will receive twenty (20) hours of physical fitness workout compensatory time per calendar year. Testing Process Evaluators: All testing will be conducted by RPDPS Defensive Tactics Instructors, who will receive overtime if the test falls outside of normal work hours. Testing Coordinator: A sworn member of RPDPS will be made the testing coordinator. The testing coordinator will be responsible for scheduling the six month Physical Fitness Week (See below), and determining the number of evaluators needed for each test. Testing Locations: Test locations will be determined by evaluators / coordinators. The testing locations will be in the local area (RCHS, MSMS, etc.) Dates and Times: Approximately every (6) months, one week will be designated Physical Fitness Week. Sign -up sheets will be posted before the scheduled test week. It will give locations, dates, and times to accommodate all shifts. Testing may also be conducted between each (6) month period if (2) or more employees schedule a test with an evaluator / coordinator. Retest: If an employee is unable to complete and pass all tests, he or she will be eligible to re -test after at least two weeks have lapsed. This period of time will allow the employee time to condition themselves for the re -test. All tests must be completed and passed during the re -test. Compensatory Time: Upon successful completion of all tests, sworn personnel shall receive twenty (20) hours Physical Fitness Workout Compensatory Time. Only one successful completion of the Physical Fitness Test will be allowed each calendar year. The Physical Fitness Workout Compensatory Time can accumulate to a maximum of forty (40) hours. Test and Instructions The following four tests must be completed within one hour of the start of the first test. The tests can be taken in any order. 1. The Mile Run: (4) laps around a standard 440 yard track carrying approximately (45) pound pack (To be completed in 15 minutes or less). 1' The 450 Meter Swim: (9) laps in a standard 25 meter pool for a total of 450 meters (To be completed in 15 minutes or less). If the 450 Meter Swim is chosen by the employee, all attempts should be made to have the test completed within one hour of the start of the first test. The evaluators have the discretion to allow a reasonable amount of time over one hour based on travel time and logistics. 2. 100 Yard Dash: Run a pre - measured distance as quickly as possible (To be completed in 20 seconds or less). 3. Hamstring Flexibility: Measure hip range of motion. Lay supine with a neutral spine position. The examiner raises the testing leg passively, keeping the testing leg straight, until resistance is felt. The leg not being tested is kept on the examination table with the leg straight (Minimum of 70 degree range of motion). 4. Rescue Drag: Lift and drag an approximate 175 pound simulated victim (50) feet (To be completed in 30 seconds or less). Safety Guidelines 1. All testing will be conducted by qualified Defensive Tactics instructors. 2. Defensive Tactics instructors will ensure a proper stretching / warm -up program is completed prior to the administration of the test. 3. A minimum of one first responder / CPR certified person will be present and available for the duration of the test. This person will be equipped with a properly supplied medical bag. 4. Only a proper 45 pound professionally manufactured weight vest will be used for the mile run. 5. The testing will not be made into a competition where times / results are kept. All testing will be PASS / FAIL. 6. All proper safety precautions will be taken throughout the testing process. RESOLUTION NO. 97-201 RESOLUTION OF THE CITY COUNCIL 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 Park 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 pmvides for the inclusion of normal member contributions paid by the employer 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 Roohnert Park of a Resolution giving notice of its intention to commence reporting the value of employer paid member contributions (E 4PQ as compensation for all members. of a group or class; WHEREAS, the following is a statement of the proposed change in reporting compensation to CaIPERS; The City of Rohnert Park elects to pay 7 •/. of employees' compensation earaabk as Employer Paid Member Contributions and report the same 7% of compensation earnable as additional compensation, This. benefit shall apply to all employees that am designated members of the Rohnert Para[ Employe"' Association Employee Organization. This benefit shall be effective on January 1, 1998; NOW, THEREFORE, BE IT. 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 Emplover Paid Member Contributions for all employees of the Rohnert Park Emplovees' Association as indicated above, DULY AND REGULARLY ADOPTED this November 10, 1997. CITY OF ROHNERT PARK _ ayor ATTEST: !" I t:[.Ok&- MAcKFxn r AYE R ,MLY AYE vmAK- HtARTwu AYE spmo AYE AYES: 5 NOES: ---Q--ABSENT. 0 0 ABSTAIN: 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 and7 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 11m day of December; 2001. CITY CITY OF ROHNERT PARK Mayo FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) . EXHIBIT "A" AMENDED CATASTROPHIC LEAVE PROGRAM Purpose The purpose of the .Catastrophic Leave Program is to establish a system and pool whereby. employees of the City of Rohnert Park may donate 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 flour- 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. t 1. f CATASTROPHIC LEAVE PROGRAM PAGE 2OF2 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 12/11101 RE )LUTION NO. 2004 - 299 Y f 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 WHEREAS, revisions are proposed to the existing Personnel Rules and Regulations 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 9; 2004 are hereby approved_ DULY AND REGULARLY ADOPTED this 94 day of Deputy City Clerk F ORES: AVE MACKENZIE: ABSENT SPRADLIN: AYE VIDAK-MARTINE7k AYE NORDIN: AYE AYES (4) NOES: (0) ABSENT: (I) ABSTAIN: (B) CITY OF ROHNERT PARK Personnel Rules and Regulations CITY MANAGER'S ADMINISTRATIVE POLICY NO. 1: PERSONNEL RULES AND REGULATIONS NOVEMBER 9, 2004 Y OF ROHnERT PARK camel Rules and Regulations Page 1 of 39 ATY OF ROFINERT PARK 'ersonnel Rules and Regulations TABLE OF CONTENTS >ECTION 1 - INTRODUCTION -____ >ECTION 2 - PAY PLANS AND COMPENSATION___ ________ _ ___ _ __ ---------- PAGES 3 _ 5 --------------- _ PAGES 5 - 8 >ECTION 3 - BENEFITS - ----- --- --------- ------ - - - - -- - PAGES 8 - 20 >ECTION 4 - IN -HOUSE RECRUITMENT -------- ------ - -- -- -- --- ------- - -< ----------- _----------- •----- ;-- ,-------- PAGES'20 - 21 >ECTION 5.- RECRUITMENT PROCESS:_________________ ----------- ... ..__ - - - -_ -- __-- _-- :._- _.__,..__ -_ -PAGES 21 - 27 ;ECTION 6 - SEPARATION AND REINSTATEMENT ..._:... ::_ _ __: _..___.__ _PAGES 27 - 29 >ECTION 7 - INCOMPATIBLE ACTIVITY /CONFLICTS'OF INTEREST':;: _.------------ PAGES 29 - 30 >ECTlON 8 - DISCIPLINARY ACTION-_._..__ _- ._-- _____;___: > .. .. ::. . .::... .. ..:.- ------ - -------------- --------------- PAGES 30 - 36 3LOSSARY - DEFINITION OF TERMS ---------- ----------------------- --------------------------------- - _------- - - - - -- -PAGES 36 - 39 RESOLUTIONS EFFECTING PERSONNEL POLICIES RESO 79 -22 - EMPLOYEE GRIEVANCE PROCEDURE RESO 92 -78 - EQUAL OPPORTUNITY EMPLOYER RESO 92 -79 - POLICY AGAINST DISCRIMINATION BASED ON DISABILITY - ADA RESO 93 -38 - AGAINST HARASSMENT RE SO 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 SALARY AND BENEFITS FOR ELIGIBLE .CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING RESO 03 -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 Regulafrons . CiTY OF R014NERT PARK Personnel Rules and Regulations I I . SECTION 1 - INTRODUCTION A_ Purpose -The City Manager, as Personnel Officer for the City or his/her designee, is charged with the responsibility of the City's personnel practices. In order to establish an equitable and uniform procedure for dealing with personnel matters and to attract to municipal service the best and most competent persons available; lb assure that appointment and promotions of persons will be based on merit and fitness and to provide a reasonable degree of security for qualified employees, the following rules and regulations are established_ 3_ Coverage -These rules and regulations apply . to all offices, all regular full -time employees, time employees, and all positions and employments in the service of the City, except; regular part - 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'Grefighters and public safety reserve officers. 4. City Manager and. City Attorney_ 5_ Probationary employees, except as expressly Provided herein_ 6_ Limited Service Personnef.(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 hour of day who do not mee employees_ t the definition of regular part-time General Provisions - 1- The City expressly prohibits discrimination., in :.employment' on. the basis of race, religious creed; color, national or ethnic origin,. ancestry, mental'or physicat disability, medical. condition, marital status, sex, sexual preference, political opinion, political affiliation or on ttie. basis That an individual is age forty sex, or over, or any other, basis protected by federal, state. locaj taw_ . 2_ An employees work performance will be evaluated by their immediate supervisor or the supervisor's designee at least once a year on a form Prescribed. Per, Personnel Officer_ Su their evaluations in tuff with each . employee, outline'goals and expectations, and point out where the employee has done an outstanding job and suggest ways in which job performance can be enhanced_ 3_ All regular appointments include' probationary period as .provided, herein of not less - than twelve (12) months for miscellaneous employees, not less_ than twenty -four (24j months for man employees; not 'less than eighteen (18) months .for dispatch employees; and not less than eighteen (18) months for Public Safety sworn employees: a_ Promotional appointments include a probationary'period of not.. less than six (6). months for non - supervisory employees and. twelve (12) months for supervisors (includes management classifications)_ Employees -must be physically and mentally able to perform the essential functions without reasonable accommodation_ of the job, with or Y OF ROHNERT PARK sonnei'Rules and Regulations Page 3 of 39 ATY OF ROHNERT PARK , s 'ersonnel Rules and Regulations S. 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 City's right to contract for performance of expert, professional, lechn"I 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 - If 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 wilt 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. 1: The City maintains personnel files for all employees which contain all records, files and documentation used to determine the employees qualifications, performance, promoEion,' 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 liim'ited to; mailing address; telephone number names) of dependerit(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 per sonnet ides only.on a "need . to know "" basis for legitimate business reasons. 2.. The :City maintains a confidential fde for all employees which contains. all medical information about an employee or applicant_ Information in this confidential file is obtained and maintained in accordance. . with state and federal law (e.g_ the California ConfrdentWity of Medical Information Act and the federal Heaftfi lnsucance `PortabiGi}r and Accountability Act ( "HIPAA"} City personnel have. access to confidential medical files only oft a "need to .know ".basis for legitimate business. reasons_ 3. All inquiries froriv outside agencies, firms, or individuals concerning personnel will be referred to the Human Resources Department for handling and. response_ Ttus includes,- but is .not limited to, inquiries concerning -employee performanee..or evatuation in .conn.,ectio_n with new employment opportunities and .employment verrftcalion checks for financing purposes. This procedure applies to both former and present.emptoyees_ a. Absent a written release from the employee, ' the Human Resources Department provides only dates of hire and terrniriation, .position title, 64d.-pay range.. f1_ 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 ROHNERT PARK Page 4 of 39 Personnel Rules and Regulations CITY OF ROMERT PARK Personnel, Rules and Regulations Any employee who wishes to review his or her, personnel records should contact the Human Resources Department and set up an appointment at a.mutually agreed upon time- The review must be done. in the presence of the Human Resources Assistant. or his/her designee at the lo (he the file is stored and at no toss of compensation to the employee- Ari employee may request a copy any employment- related document that helshe.has signed. This subsection does not apply toho of employees covered by the Public Safety Officers' Procedural gilt of Rights (Government Code §3300 el seq.) a. An enployee is not entitled to inspect records: set forth in Labor Code section .1198.5(d) as it may, from time to firtie, be amended_ lrripacl records-relating 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 light to respond in writing to any evaluation report placed in their p Such responses must be submitted within thidy.(3Q) calendar d ersonnel file. ays of the evaluation interview and wilt be included in the personnel file records_ Destruction of Records - The employee personnel.records are considered a permanent record and all personnel file documents are retained b,y the City for the duration of the employee's pefiod of employment and for any subsequent period required by taw. . a. The records of former employees are retained in accordance with the schedule established in Resolution .90 -161 . b. Shredding destroys personnel records that gav 90 -161. e reached.. the time Fimit esta blished in Resolution SECTION 2 = PAY PLANS AND COMPENSATION Classification Plan - 1. Creation la classifications_ The City Council, upon.recommendation by the Personnel Officer, shalt create tl classification plan for City employees_ Each position shall be allocated [o a class identified by_ class title. Positions shall have. the same class: title, when they conform: to the same specification or when the positions' descriptions are.suffidentlysimilaras to.qualifications, educational requirements,. responsibilities, level cif supervision, and other. characteristics 2_ Specification of classes, A.class may..incicide'rnore than one. Position.- Each class specification, which. includes. a concise; .descriptive title, a. brief defthition, a descripti n of ihe'esse tial job duties .'and responsibilities, a statement of ; 5peciat- reWwerrterits, and .a staterrienf of desirable qualifications- 3. Reclassification_ The personnel Officer is responsible for reviewing the duties. and res positions aril recommending to the Cit Couneit _ Ponsibilities of existing classes_ The Personnel Office shalt reviewectass�rfigt matee rrtm abol o the following situations: a- Upon the recommendation of the Supervisor of 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 accornptished .within budget timitattons. The Personnel Officer leas the discretion to determine when the.di'lies.baYe materiallyahanged which Y OF RO"NERT 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_ u- 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 that 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 flat rate or salary range for each class. 2_ Changes to salary ranges. When the City Council changes a salary range for a class, all employees' salaries in the class will be adjusted to the corresponding step in the new range. . 3. . Transfer to another class- 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 from one class to a class with a higher maximum salary, the employee's salary in the higher class wilt be the minimum salary for that class, unless that minimum is lower than, or the' same as, -the employee's: salary at the time of the move_ In that event, the employee will. receive the next higher. step. within the pay range of. the higher class_ Employees receiving a promotion wilt receive at least a 576 increase in salary unless tir6ited by the salary range maximum- The new review date for promoted employees is the date of promotion or in six (6) months if the employee in placed at Step A 4_ Demotions. When an employee is demoted, (moved from one class to a lass 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 date will be the same as the effective .date of demotion for purposes of condugting performance reviews and making corresponding salary adjustments- The employee's original hire date will continue to determine his or her eligibility for other types of benefits and leave accruals. 5. R.ecfassifications_ An 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 maximum 'salary for ' positions of the tower class_ If that. salary does exceed that maximum, the :tTY 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 until such time as the maximum salary for the class exceeds his /her rate of pay. C- Employee. Performance Review and/or Evaluation - The ry improve productivity and foster communication between supervisors and employees_ E Process is intended to valuations 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 'performance is superior, satisfactory, or substandard_ The review Process must provide }or employee feedback and face -to -face communication_ Results of the performance review will be utilized to determine employee's training and development needs_ T. 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 salary advancement on their anniversary date. than satisfactory rating may not be eligible for a 2. Employee review and res evaluation onse, Employee wilt be provided with a copy of his /her performance twenty -tour {24} respond in writin hours prior to the evaluation. interview_. Employees have The right to g to the evaluation report should they so desire_ Said responses should be submitted to the reviewer.no later than thirty (30) days affer the evaluation interview_ Contents. of an employee's performance evaluation are not subject to the grievance .procedure_ 3. Copies kept in personnef file_ The employees complete, -ori inal, ; 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_ �- f ay.Period = The pay period -for all employees: is bi- monthly orr the 15th and the. fast day:of the month_ When the 15`" or'.-the fast day of the moriih falls: on a weekend or hoiida Prior Friday- All:.paychecks are to be distributed to the departments and delivered o the em a avai[by n the on the 15r" or the Iasi day of the:month_ ployee by noon 1 _ Tirrre cards_ All employees are required "to keep a timecard and accurately record all hours worked_ a. Full -time employees_ Regular full-time emplo yees. wilt be paid for the prior two week period worked_ b_ Part-time employees, Regular Pan-time and hour[ Y P -time employees. must submit their timecards to the Fuiarice Department .on the 5'" and.:20'" of .tlte rnorith and will be paid the following payday for the time submitted_ 2. Direct deposit_ Any employee wishing to have their paycheck directly deposited may do so by contacting the Finance Department and filling out the required docurrients_ TY OF.ROHNERT PARK sonnet Page 7 of 39 Rules and RegWations CITY OF ROHNERT 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. All non - exempt employees will be paid overtime as required by applicable law and in accordance with any provisions in applicable memoranda of agreement. F_ Compensatory Time Off - Subject to applicable memorandum(s) 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_ 1_ Approval of overtime_ Employees must obtain pre - approval before working any overtime_ The Supervisor will authorize such overtime work and, will notify the Personnel Officer upon' authorization- The Supervisor is responsible for arranging his /her department so that compensatory time off can be taken- 2. CTO for exempt employees_ Management employees and any bona, fide exempt personnel will receive administrative leave, as qualified under FLSA, in -lieu of the compensatory 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 pay out unused CTO at all times selected by the City. The curreriLrnemorandum(s) of agreement or.outline of certain conditions of-employri�ent .wilt, reflect accri�at information, time, and manner in which any payment for unused compensatory time will be made_ 57 Payment upon separation_ Upon separation, all employees will be paid a lump sum for all 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 permilted 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 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 hotidays.fhose'days.proctaimed by the President of the United Slates, the Governor of the State of California, and /or the Mayor of the-City of Rohnert Park to be public holidays_ Additionally, the City usually observes any day declared by the Governor to be a day of mourning or special observance for State employees_ 2_ -Weekend, holidays_ Generally, when a holiday fails on a Saturday, it shall be observed on the preceding Friday_ When. a holiday fails on a Sunday,: it shall be observed on. the following Monday. If a holiday falls on an employee's regularly scheduled day off, the applicable memorandum of CITY OF ROHNERT PARK 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- tf any provision' 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 .full -time and regular part-time employees are entitled to receive time of 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_ to such cas and/or benefits , the applicable MOA will specify the pay . fits 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. • employees_ 2_ Vacation accrual_ Vacation accrues for regular full -time employees according to the toIflowing .schedules established in the .applicable .MOA's or .Outline of Benefits for the Management and C6nfidenf`ral'.U6;ts_ 3_ Use of vacation_ An employee's scheduled vacation must be approved by his /her supervisor. The smallest amount of vacation time that may be used is % hour (15 minutes). Art individual 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_ In 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 term.ination_. Upon. termination, an employee shalt receive a lump sum payment for the balance of.accrued vacation hours_ Payment for unused vacation shall be made at the rate of pay.in effect for such employees at ft time of termination_ Wh ememployee, en termination 'is :caused by the death of the employee, pay for unused vacation shall be paid to the same beneficiary the employee has designated for Life Insurance benefits_ Beneficiary designation otherwise, shalt be in writin s ned by the employee and filed with the.. Finance Department, Payroll Office_..Vacation accruals are not paid to employees who are employed by the City less .than six months: Holidays fap'ing during vacation_ When a day designated and observed by the City as a holiday, occurs on. a day on which an employee is taking ,vacation, such employee, shall not be charged as using vacation for that - day_ The employee's compensation for that day shalt. be holiday pay and he/she shall not, be paid or charged for vacation_ This holiday policy is subject to modification through an applicable MOA for represented employees_ TTY OF R01-INERT PARK ersonnel Rules and Regulations Page 9 01 39 CITY OF ROHNERT PARK Personnel Rules and Regulations 6. Illness during vacation_ if an employee becomes.ill or is injured while on vacation, the time off will still be counted as vacation time 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 /tier illness 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 require a certification from a health care provider_ b_ Sick leave may be taken for an employee s. personal. non - industrial illness or injury_ Additionally, 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 supervisor's discretion. d_ An .employee requesting to use paid sick leave must specify whether the use is for personal. illness .or :to care for a family member_ In the event that an employee e" paid his/her paid sick leave, he /she may be entitled to additional unpaid leave under -the Family and Medical Leave Policy. e_ Any employee who is absent from work on sick leave shall not engage in work or other. activities al anytime that would be in conflict with the iriability to report for. work and to perform the duties assigned_ if an employee violates this policy, appropriate disciplinary action :will be taken, 4. Sick leave: accrual during leave of absence: Employees who are:,off work on a paid leave shall continue to accrue sick leave during the leave per -rod_. Employees who are off work on an unpaid leave shalt rio longer accrue sick leave after ninety (90) calendar days - 5. Accumulation. Accrued. sick leave may be accumulated to the limits described in- the applicable Memorandum of Agreement_ 6_ Sick leave .and Workers' Compensation disability payments_ An employee receiving temporary disablity payments under the Workers' Compensation Laws, may use accumulated sick leave in order to continue to maintain his /her regular income_ Under such circums #antes, the employee shall be paid (out of his or her sick leave balance) the difference between his /her full salary in proportion to the amount of his/her full salary paid by the City:' uring such period of disability- MY OF ROHNERT PARK Page 10 of 39 Personnel Rules and Regulations CITY O- F ROHNERT PARK Personnel Rules and Regulations D. Bereavement Leave - 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 leave may be taken upon approval of the employee's supervisor if the employee must travel out of _the area (at least 250 miles one way)_ 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 -taw, grandchildren and relationships in loco-parentis and close personal relationships, with the approval of the City Manager or his/her designee. The employees supervisor may require proof of death of the person(s) for whom the taking bereavement leave. employee is Military Leave - 1. Eligibility. The City grants military leave to all employees for service in the uniformed services in accordance with federal and state law. 2_ Notice= The employee. must notify his/her supervisor of upcomin milit becomes aware of his /her obligation and provide a co g' duly at soon as he /she py of his/her military orders. . 3_ Campensation. 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 Purposes shall not exceed 30 days in each fiscal. year- If the employee's military leave exceeds thirty days, the City will continue to pay the difference between the employee's normal salary anci.ihe..totai of his/her military .compensation if the employee is called to active duty as a result of a declaration 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 shaft submit his /her military earning statement. to the Finance Department; Payroll Office to. assist in calculating the employee's satary_ In no event will the employee be. com pensated in excess of. his/her normal City salary. All other military leave is unpaid excepi where necessary to maintain exempt status under the Fair tabor Standards Act_ Employees may, elect to use an other accrued paid leave time (e.g_ vacation) during unpaid military leave- . Employees will receive any merit and /or general satary increases for which they become eligible during military leave- Bgnef ts_ a- Health insurance_ All health insurance benefits will remain in place while the employee is in.a paid military 16a .ve.status as indicated in Section 3 above_ For employees in a non -pay status,. an health .insurance benefits .will continue for a period of 12 workweeks on the terms .ani conditions as it the employee were not on a leave.•of absence_ The 12 workweeks would be calculated based on the beginning of non -pay status_ Thereafter, the employee has the option to continue 4s/her.heafth 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 applicable :agreements, outlines, rules, provided in accordance with federal taws_ Such. Policies and procedures and all state and benefits may be subject to individual plan provisions- b, tension plan benefits. During any period of paid leave, the Cify will pay the employer and. employee coniribu3rons to CafPERS_. Additionally, employees returning from rnititary leave. are- military pension benefits that accrued during military service and to any Ca1PERS contr�t. . . TY OF ROHNERT PARK ;rsonnel Rules and Regulations Page t 1 of 39 ATY OF ROHNERT PARK 'ersonnet 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 seniority and other rights and benefits determined by seniority that they would have attained with reasonable certainly had the employee not taken a military leave_ 5. 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 vailable, 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 that 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 more than '30 days-but less than 181 days, the employee must report for reemployment within .14 calendar, days. following' completion of service, unless reporting within such time frame..is impossible and the.n -the employee musf r. eport asaoon as possible_ c. For military leave greater than 1$1 days, the employee must apply for reemployment within 90 days of completion of the service_ Farnily And Medical Leave - Eligibility. Family and medical leave ( "FAilt ") shalt be .granted in accordance with Ahe provisions of state and federal law. All employees who meet the eligibility criteria stated in this policy are entitled to take an unpaid FML To qualify for FML, an employee must have been employed by the City for a period of twelve months and have worked for at least 1250 hours during the 12 -month period immediately. preceding the leave_ FMC 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-adopt ion or foster care; {2} To care .for a child, parent, spouse or domestic partner who has a serious health.coodrtion;: or .(3) for the employee's own serious health- coridition.that makes the employee either unablelo work at all oe unable to perform one or more of the essential functions of the position assigned.. 2. Amount of FML. Eligible employees are entitled to FML totaling Twelve. (12) weeks within a 12- morith 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 .shall. be .concurrent with any disability. leave associated with pregnancy, childbirth, or. related pregnancy conditions as provided in the City's Pregnancy.Disability Leave (PAL) Poticy_ 3_ Intermittent leave_ When medically. necessary (as certified by a health care- provider), leave may. be taken on an; intermittent or reduced leave schedute_ "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 1/4 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 ROHNERT PARK Personnel Rules and Regulations who is on a reduced work schedule or intermittent leave to temporarily transfer to an alternative Position. with the same pay and benefits, if the alternative position better accommodates th work schedule than the employee's usual position- e required 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 provider_ 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 emptoyee_sserious 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 state 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 parlicipalion 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 1101 be one who is employed on a regular basis by (he City_ If the second opinion differs from the first opiniori, 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. a health care provider may be required if the employee . requests an. extension to the leave requested in the original statement. The City does not require the certification disclose the underlying diagnosis without Consent from the employee. 6. Pay during leave_ FML is unpaid except to the extent the employee elects to substitute accrued paid leave time. An employee may use accrued sick leave-when the FML is for the employees. or the employee's family . member's serious health condi leve, compens tion. An employee may substitute .accrued vacation aatory tune oft 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 insucarice benefits and premiuirr payments for each benefit during FML 'as if the employee were not on leave, for a maximum of twelve (12) weeks_ An employee on unpaid leave beyond the twelve (12) weeks is no longer considered on FML and; :therefore, if the employee wishes to continue health insurance coverage he- or she may do so at his or her .expense, at the "City's group rates_ The employee arrange for payment of his/her premium c n ontribution, in advance_ A lapse in insurance ce a occur.if a premium payment is more than 30 days late_ ge will 8. Other benefits during FIVlL During any portion of FML for which an employee substdutes othet paid leave benefits, the employee will continue to accrue paid leave benefits (i e:, sick leave; vacation leave); seniority, arxf ,other benefits to the same extent that the employee would accrue.those`benefds 'if not on FML,. Employees on FML are not eligible for holiday pay (e-g- paid for holidays wor holidays that fall during FML ked) for 9. Reinstatement_ Except as provided in Section 21.3.7, an employee who takes FML shalt .be eligible for reinstatement to .the employee's former positron at the former rate of pay_ Hoirvever, if. the position TY.OF ROMERT PARK . -rsonnel Rules and Regulations Page 13 of 39 ,ffY OF ROHNERT PARK 'ersonnel 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 faits to report to work promptly.at the end:of FML, the employee will be assumed to have abandoned his /her employment unless additional leave has been approved. 10_ Reinstatement for key employees_ If reinstatement of a key' employee causes a substantial and grievous economic hardship to the City, the City may deny reinstatement of the key employee to the position held at the time FML was requested_ A key employee.is defined as an employee who is paid on a salary basis and is among the highest paid 10 percent (10 %) of all City employees as determined at the time of the request for leave_ 11._ Statement regarding return to work_ If the employee takes'FML leave for his or her own serious health condition, the City requires a statement by the employee's health care provider that the employee is fit to return to his/her job_ 12. Other work'_ The City shall take appropriate disciplinary action if it determines that an employee has engaged in other work during a FML that is inconsistent with the employee's use of F ML 13. Definition of health care provider. A health care provider as used herein means a person holding either a physician's and surgeon's. certificate under applicable California law or an osteopathic physician's and surgeon's certificate under. applicable California. law or any other individual duly licensed as a physician, surgeon, or, osteopathic physician - or.surgeon in another state or jurisdiction who directly treats or supervises. 1heAreatment of serious health conditions or any other person who meets the definition 'of others °capable of providing. health pre 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 PDL. PD.L.will be allowed for the period of disability but not to exceed four (4) months (88 working days for full-time employees and pro-rata for part -tune employees). PDL. may be faker on an intermittent or reduced hour basis when &.116i nined:medically advisable by the employee's health care provider, e_g., for morning sickness, prenatal. doctor's appointrnenis_ The smallest increment of time that can be used for such leave is 1/4 of an hour_ The ,City may require an employee: who is on a reduced schedule or 'intermittent leave to temporarily it fer to an alternative position if the alternative position better accommodates the required work schedule_ 3. Notice of PDL_ Whe.never.possible, an employee.must'provide. at'. least thuty. (30) days advance written notice of the need for-PDL.: !f thirty(30) days notice is not possible; notice must be provided as. soon efs 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,.: such a transfer is medically advisable and' can be reasonably acco nmodated. 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, . S_. Statement by health care provider_ An employee requesting. PDL .shall provide the Human Resources Department with-.certiftcation from her health care provider stating the ant" icipateif delivery. date and- estimated dates and duration of the disability_ if there is a-change in diagnosis, and the dates are either accelerated or delayed, notification from the health care provider is required_ CITY OF ROHNERT PARK Page 14 of 39 Personnel" Rutes and Regulations CITY'OF ROHNERT PARK Personnel Rules and Regulations A health care provider's statement must be submitled verifying the need for pregnancy disability leave or for transfer, stating the following- 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, or that transfer is medically advisable_ A new statement may be required it 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 this period may. continue health. insurance or other benefit coverage at own her expense; at the City's group rates_ The employee must arrange for payment of the premium contribution in advance_ A ,lapse.:in insurance coverage will occur, if a premium payment is more than 3t) days late-. 8_ Other benefits during PDL_ During any portion of PDL for which an employee substitutes other paid leave benefits, the employee will continue to accrue °paid leave benefits (i_e., sick leave, vacation leave); seniority, and :other benef;is't0 the same extent that the employee would accruethose benefits if not on PDL Employees on PDL are not eligible for holiday pay (i.e-'pay for holida holidays that fall- during the PDL ys worked) for 9_ Reinstatement; An employee who takes PDL shalt 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 tails to report to work prornptty at (he.end.of PDL, the employee will be assumed to have abandoned her,employment unless additional leave has.been approved. 10_ Statement regarding -return. to woi k_ The City requires an .employee return ing. from PDL to .provide a statement from a healthcare provider that cerfiGeslhe employee's fitness for duty. 11. Other work_ The City shalt take appropriate •disciplinary action 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 physician's and surgeon's cer}ifrcate under applicable California law or an osteopathic physician's and . surgeon's cedific:Me under applicable California 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 treatment of serious health conditions or any other person who meets the definition of others "capable of providing health care services" as set forth in the federal Family and Medical Leave Act and its implementing regulations_ TY OF ROHNERT PARK trsonnel Rules and Regulations t' 15 of 39 :ITY OF ROHNERT PARK 'ersonnel Rules and Regulations L Work- Related injury. And fitness Leave - 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 Employees 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 taw. 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_ S_ Termination after work - related- injury or illness_ Unless otherwise prohibited bylaw, an, employee may be terminated after the treating physician's finding that the employees condition is "permanent and stationary" and that the disability precludes the employee from .doing the essential functions of the job_ 6. Anniversary date: A regular employee who is absent from work as the resutl of a work= incurred injury or illness -shall retain his /her anniversary date. An employee who has not completed the . probationary period is ineligible for certification to regular status during leave for. a work - related injury or illness and the date for completion of the probationary period will be extended to reflect the amount of time.absent on such leave_ Witness Duty An employee who. is required to appear as a witness or to otherwise participate on behatf of the City in any . judicial or administrative proceeding shall receive pay as though at work for time spent jn the proceeding. The employee rriust 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 lie granted leave inntijout pay durTrig the tirrie required for that appearance, except where necessary .to maintain the. employees exempt status under the Fair Labor Standards AcL The employee may use accrued vacation, -administrative leave or compensatory lime for this purpose. J. Jury Duty - All regular .and probationary employees called to jury duty will be granted a paid leave_ A copy of the jury summons most be given to the Human Resources Department_ The.employee shat! receive full pay *for itze time served on jury duty, 'provided the employee remits to the Qj 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 shalt be retained by the employee- CITY OF ROHNERT PARK Page 16 of 39 Personnel Rules.and Regulations CITY -OF ROHNERT PARK Personnel Rules and Regulations All other employees will be granted leave without pay except where necese employee's exempt status under the Fair Labor Standards Act. sary to maintain the 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 directly to jury duty_ e an employee is released from . jury duty with more than one -half of his /her workday remainin employee is required to report to work to complete the regularly scheduled workday_ g the if K_ Unpaid Administrative Leave - 1. Eligibility. Upon written request of an employee. the Personnel Officer may approve in writing an unpaid leave of absence without Pay for a period not to exceed six (6) months. 2. Reason for leave. Unpaid Administrative Leave will be granted for the following purposes: a. School visit leave. An employee who is a parent, grandparent, or duty 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 appear suspension of a child_ The employee may use accrued lea for school v slits_ If acCrtued leave is exhausted, the Personnel Officer may, allow the emptoyee .to work an 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 to be provided to the Personnel Oer on return to the o school official m Officer ay be b. Voting leave: Any employee, if he or she does not have sirffrcrent time outside of working hours to vote, may request up to twro (2) hours of accrues} paid leave either at the beginning or end of scheduled working hours to enable the employee to vote_ If the employee has leave, time off shall be granted o accrued paid nted without pay except. where necessary to rnaintaio exemptions under applicable state and federal wage and hour laws. C- Domestic violence leave_. An employee who is the victim of domestic violence may take unpaid leave or use any available paidaime off benefits to ensure his/her health, safety or welfare, of that Of his /her child, by obtaining a' temporary rest,- n ng order, a restraining order, or other court Additionally, ail may take .leave to seek. medical or psychological treatment,, to obtain necessary social services, and/or fo participate mein safety Lanni Other actions. to increase safety_ The employee:must Y P ng or take such leave and shall provide.evidence satisfact provide reasonable notice of the need for 'or more of the activities sl7ecifreii in the ory to the. Personnel officer of Parlicipation in one be in accordance with Labor Code section 230-1 �g sentence_ The amount of leave provided shall d- Crime victim assistance leave_ An employee who member of a victim, is the victim of a srime,.lhe immediate family a registered .domestic partner of a.victim, or the child of a registered domestic Partner of victim may take an unpaid leave or any available paid time off benefits to attend judicial proceedings related to that crime_ e_ Emergency duty and training:leave: 1/oluhleer firefighters and outer ernes take an unpaid leave or use accrued' leave to, perfor. , 'timer 9encY Personnel may may take up. to 14 days leave duty -. Volunteer firefighters per calendar year to engage in training_ The employee must provide reasonable notice to the Personnel Officer of the need for such the Personnel Officer satisfaetoryevidence of .participation in the. em :teave and shat) provide to ergency duty or training: ly OF ROMERT PARK rsonnel Rules and Regulations Page f 7 of 39 3TY OF ROHNERT PARK 'ersonnel 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 - Benefits- The City. provides group medical, dental, and vision insurance to eiigible 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 benefits_ The Personnel Officer shall maintain records of the terms and conditions of the health insurance and other benefit contracts, benefit levels, and administration procedures- More detailed information regarding these benefits is set forth in the official plan documents and insurance policies that govern the plans_ .if there is any actual or 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 shalt 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 Resofutioh 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 eligible dependents an opportunity for a temporary..extension 'of health coverage upon separation of - employment or loss of dependency status_ The specific provisions and restrictions of the Act are available frorn the Human Resources Deparirnent. M. Viscellan6ous Employee .Benefits - 11- 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 Puri document available upon request from the Human Resources Department - 2. Long-term disability insurance_ City provides long -term disabilityinsurance to- regular full- time'.and regular part -tune 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 MO A or "applicable resolution outlining conditions, of work and benefits_ The terms and conditions :of this benefit may be modified from time."to time in the event that the City changes carriers_ When an employee; is- receiving'benefits from other sources, the total amount .of compensation received by the en ptoyee, incIuding_LTD benefits, shall not exceed one hundred percent. "(tt)09) 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 the details of this program_ 4- Employee Assistance Program (EAP). The City provides, at no cost to all regular full-time and aft. regular, 12- rho6th part -time emplo -(pe yees, legal dependents, and domestic .partners r 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 RO{NERT PARK Personnel Rules and Regulations therapist is confidential_ No information is provided to the City regarding an eligible member' the EAP_ To make an appointment with a couns s use of.. elor call Cigna Behavioral Health ai (888) 371 -1125_ For more information, contact the Human Resources Department_ 5. Health Care Tax -free dollar account program_ This pro employees io set aside a gram allows permanent lull -lime or part -time . maximum 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 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 taw" 6. Dependent Care Assistance program_ This pro io set aside a maximum of gram allows eligible tuft -time or part-time employees $5,000 per calendar year before tax 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 administered by National Deferred and ICMA_ " This program allows eligible lull-9 me orrow being emp[oyees to set aside a maximum of $13,000 per calendar year ($14,000 in 2005, $15,000 in 2006) of before tax wages for post- retirement income as authorized by the Internal Revenue Services and 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_ 8_ Hepatitis B program_ Below.is an explanation of the City's Hepatitis B Program" Employees who may have to perform .first aid as a regular job duty or are in positions expose them to bodily fluids need to be offered the Hepatitis B Immunization Program perhthe City'st Blood -borne Pathogens Program_ These job classifications are= Public Safety Officer P_S_ Sgt_ P_S_ t t_ P_S_ Division Commander Director of, Public Safety Community Services Officer Evidence Technician Property Speciat"rst Vol. Auxiliary Firefighter .*Reserve Officer Seasonal: Maintenance. Assistant Maintenance Helper Maintenance Worker] Maintenance Worker tl Public Works .Services Supervisor Recreation .Supervisor At the time of the pre- employment physical, the candidate has. a. blood test. tiiat'fets the City know if they Have the Hepatitis B antbocj}r_ At the emptoymerit orientation Human Resources. Department provides the. new employee (if they are in one of the jobs classes fisted above} information a Department Hepatitis B is and acheck -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_ IY OF ROHNERT PARK rsonnel Rules and Regulations Page 19 of 39 . ATY OF ROHNERT PARK - 'ersonnet Rules and Regulations Employees who wish the 3 -shot Hep_ B series go get their shots;.inforin 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 reimbursement_ It is important that the employees not miss an appl_ for a shot as they might have to repeal the series_ There are specific timeframes for each shot_ If an exposure incident occurs at work, tinder 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 -MOUSE 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 same maximum salary- 1 - Types of transfers_ a, Voluntary. request for transfer initiated by department supervisor and /or employee. b_ Involuntary transfer initiated by tfie 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 to a class with a lower maximum, 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 follows- a_ At least .two weeks prior to the transfer, a notice, will be sent to the affected employee(s) and bargaining units) stating the nature of the transfer and an explanation as to whythe transfer is necessary_ b_ The employee has a right to respond, in writing within five (5) workdays from date of notice_ c. The employee has a right, through their bargaining unit, to file a grievance within.the tune Omits established in the grievance procedure_ B_ Promotion — I- Qualifications. A person may be moved to a class with a higher maximum salary only if he/she has the desirable qualifications for the higher class_ These;-desirable qualifications are ascertained on the .basis of - information obtained from application forms; tests, examinations, interviews, past performance: reviews or evaluations, and/or input from an employee's supervisor_ 2_ lntemailexternal .recruitment_ In Wring vacancies for positions above entry level, consideration will - first be given to existing City employees_ However,. the Personnel Officer may recruit frorri .outside- whenthe Personnel Officer determines that _appropriately Quatdied City employees are riot available:to fill the vacancy..Tfie. City reserves the right-to..conduct an open recruitment process :to fitC a vacancy in a higher -level position or •to .fill the vacancy by ••advancerrient of- a qualified employee that currently occupies a lower -tevel position_ CITY OF ROHNERT PARK Page 20 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 fist of names of persons in uCity-employ Department- .who quality for promotion to the vacant position for consideration from the Human Resources Department. . 4_ Determining pay for promoted employees_ Refer to Section 2 - Pay pl 13, Section 3 ans and Compensation, Part _ TO Program - In an effort to provide upward mobility provide employment o Y t?Portunities for current City employees and to 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 iilf positions as deemed appropriate_ 1_ 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 Officer and the Initial salary would be up to thin o ng by the Personnel salary range_ Y Percent (30 /o) below the beginning of the established 3. Transition from trainee classification may occur as early as six (6) months. but no later than two (2 Years from the date .of. appointment_ Minimum qualifications for the ) transition_ Transition may occur u Pos►tion must be attained prior to Y pon recommendation of the Supervisor and approval of the Personnel Officer Apprenticeship Program - The City may establish an a pprenticeship program in partnership with a local school district, Sonoma State `University, Santa Rosa funior 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 5 also placements apply io alt resulting from the in -house recruitment process. SECTIQN 5 - RECRUITMENT PROCESS Announcement of Vacancies - Notices of employment p yment opportunities in the City win be first announced in house, via electronic- -mail, mowing current employees. the oppoilunify to apply for the :position_ The announcement .wilt also: be posted in' the City offiices and publicized in any other ways necessary to attract the best qualified candidates_ .I- Open recruitment Tfie Personnel Officer has the discretion to. begin o employ when he /she knows that the City does not have employees with the recruitment edknowfedge skills_ 2. Notices. Such notices list the classes in which vacancies are anticipated, range; fit P specify the class title, salary. fringe benefifs; 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 acid selection procedure to be used_ ry OF ROMER-( PARK Page 21 of 39 rs0nnel Rules and Regulations TY OF ROMERT PARK >rsonnet Rules and Regulations Applications -Every applicant responding. to a Cit y. recruitment shalt- file: an official City application form_ Applications shall be available in the City's .Human Resources office_ Applications and. supporting documenialion 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 personapplies for a position with the city is prescribed by the Personnel .Officer and requires information about the.applicant's training, experience, qualifications and any additional information the Personnel Officer deems pertinent to an evaluation of the applicant's fitness for a position_ 1 2. Deadline for filing applications_ Appliications 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 staterrreint or omission of .an}rsk iicant fact, or has practiced or attempted to practice deception or fraud in Ih& application, .-In' declarations, or in securing eligibility or appointment; e_ has directly or indirectly obtained inforrnation.regarding the content of an examination to which an applicant is not entilled; i_ previousiy been dismissed for cause from -apy public or private employment or resigned Io avoid such dismissal; g_ has failed to submit a complete and /or signed appficationwithin the specific time limits; h_ has failed to reply within five . {5) working' days from the date mailing, to ccxrimunications concerning availability for employment; is has. made himself/herself unavailable T:for . er4ploy' ent . by. requesting that .his/her 'name be .withheld from consideration_ j_ for any material cause. which; in.fhe judgment of the -Personnel Olffi " would render.the'applicant unfit for the Particular position; including a prior restgnaiion from City services accepted with prejudice_ 4_ Criminal convictions_ Convictions (irictuding pleas of guiity.and nolo confendere) may disqualify an applicant from employment by the City. Cri Wkial eonvictions do not necessardy disqualifyindividuals from . employment with the City.. - in deteimihing M- kether an individual with a conviction is disqualified, the Personnel Officer will consider the following factors: a_ the employment classification to which the person is applying, including its sensitivity,. :3TY OF ROHNERT PARK. Page 22 of 39 'ersonnel Rules and Regulations. CITY OF ROHNrRT PARK Personnel Rules and Regulations b_ nature and seriousness of the conduct,. C. the length of time since the conduct, d_ the age of the individual al the time of conduct, e_ circumstances surrounding the conduct, f_ contributing socia} or environmental conditions, and g_ the presence or absence of rehabilitation or efforts at rehabilitation. 5_ Employment of relatives_ A position within the Cfy will not 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 'close relative," see the glossary of terms at the conclusion of these rules. 6. Notification of disqualification_ If an applicant is deemed disqualified for any of the above reasons, the Personnel Officer will notify the applicant or eligible in writing at his/her Iasi known address, of ftte action taken - An applicant has The light 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 shall relate to those subjects which fairly measure the abilities fo execute the duties and responsibilities of the Gasification in. which the vacancy exists_ Selection procedures conststof one or more of the methods fisted tselow_ The same method shall be applied equally in a single examination_ 1_ Applrcalon_ Information the applicant. supplies on the City's application foram, and ady attachments thereto Will be reviewed under -the supervision of the Human Resources Assistant or his/her designee and the applicable department supervisor_ The same criteria and point system is utilized for all applicants for the same position. 2_ Eicarninations..The selection techniques used in the examination process wilt be impartial;: practical; 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. Exar tipatio - - - may consist of but are not.timiterf to; such technique$ -as written tests,:persortai interviews. skills and performance tests; assessment centers, review of, perfornance evaluations, evaluation tit. daily. work t�ormance, evaluation of work samples_ 3. DocutYtenta.ry .evidence_ Applicants for positrons .are required to proiride documerit education; train or ex' eyiderice of Rg,- perience_ The City reserves the right tore -test the skill. levet,of anyappfreant. 4- Scoring a0d rating.. The Personnel Officer will establish the relative weights of: examination: and other' components of a position_ The basis of tale final score will be. included in .tlie: job . announcement_ Scoring and rating systems maybe numerical or non- numericaf.as determined by the Personnel Officer. a. Appointment preference on open/promotional recruitments wilt be exterided to ariy.regutar-City employee_ Regular city employees will be granted the following- scoring preference: 1% for:each year of service, with a maximum preference 6f'101/9-': Depending on the sing established for the classification recruitment, the preference may. be .expressed as an additional additional points_ See example below for detailed explanation_ percentage ., or ITY OF ROHNERT PARK Page 23 of 39 ersonnet Rules and Regulations :ITY OF ROHNERT DARK '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% = 201 Employee's Adjusted Total Score = 175 + 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_. 16 such a case, the employee shall receive the actual score. calculated above the maximum and be ranked accordingly: Specifically, for the examples listed above, the employee achieving the maximum score on the percentage evaluation would. receive a total score of 100% + 10% = .110 %; and on the point evaluation receive a total score of 200 + 20 = 220_ b. 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_ Interview boards-,. Tbe-Personnel.Officer will. assemble and appoint interview boards_ These boards, nay be comprised.of.private citizens; experts in the.'.field, members--of another agency, City (ifficers, City ernployees,-and /or l argair ing:unit representatives_ 2_ Interviewers remarks. Interviewers mark::owforms.provided the degree ao which, :in their judgment;.` each candidate possesses, the desired qualifications_ The :int&Viewer s remarks will be translated into a numerical score_ Scoring,sl eet and interviewers'"remarks are confidential_ _. EGgibitity Lists - After each selection procedure has been completed, the Personnel Officer or hisftwx designee will prepare an eligibility,list containing he names of applicants who gcralify for appointrrient 10 positions in a particular class: 1 _ Ranking_ Place the names of the qualified applicants {'eligibles ") on ttie efigibility list in the order of their final ranking, as.determinel by the'.selection process, with the highest.. rated eligible at the top of ._ the fist. If more than one person has the same score, the names will .tie placed in alphabetical order. 2_ t?aration. of list_ The eligibility list :remains in .effect for a period of six (6) months, unless the. Personnel Officer extends this period foc,a period.not.to exceed (11 year. The'Personnet Officer can reduce the period i# thelisi contains less than 5 names_ In'the:everit of early cancellation of an eligible fist, the Personnel Officer wiq ciotdy:.each person. whose: name appears on such fist to this. effect via mad to his/her fast known address, 7his.notr6e is to include an exptanation,as to why the time frame has beer► changed_ 3. Removal from list_ An applicant may be removed from a given efigibility fist by the Personnel Officer for any of the following reasons= a: appointment-to. the dassificatioo for Whit T the eligible list was origtriailyestabliished; b_ request by the applicant for removal from the list c. failure to continue to meet any of the min_ imum standards established for .the position for which the eligible list was prepared; CITY OF ROHNERT PARK Page 24 of 39 Personnel Rules and Regulations CITY OF ROHNERT PARK Qersonnet 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 or . provisions of Section 5.13.4_ more of the d. Vacancies_ When a vacancy occurs in a lass for which there .is an eligibility list,. the Personnel Officer Will transmit the names, and,all supporting documents.. Of all candidates with the top five ranking scores on the eligibility fist to the Supervisor.for consideration_ Appointment Process — All appointments to position* vacancies wilt be made ii accordance with these {Personnel Officer). rules and regulations_ The power to i .appoint and dismiss City employees is vested in the City Manager 1. Vacancy. The vacancy will be filled by appointment of an -eligible candidate from an appropriate eligibility list, except as provided in 2 below_ 2. Exceptions a_ No eligibility list. The Personnel. Officer inay. make a provisional , appointmeni to a position if there is or eligibility fist for the class' and if .the needs_ of the .service require that the position be lilted before a selection process.can be completed- :A provisional appointee must_ i. Meet the requirements of training and experience established for the position; ii_ Not continue for more than thiity (30) 'days.in the provisional appointment after an eligibility fist for the position has been established= artless .there aref: no eligibles, on such eligibility fist who are available for or who wish1 o :be -6o6sideEed:foi'appoiritment to the position; The Supervisor may. submita written. request .. and justification to the Personnel Officer to extend the provisional appointment in SIX 46) (S) month increments- extensions more than two (2) extensions may tie granted for eae[j provisionaf:appoiriti 'eni_ b_ Emergency_ In an emergency which threater> life; properly,. or the. operation of necessary municipal services, the Peisonnet. Officer may employ an individual not on the eligibility list for not more than thirty (30) calendar days- 3_ .Pay - A new appointee shalt receive the mi allocated, except that: nimum salary for the. class to which the position is , . i_ In cases of extreme difficulty .-In . filling .,a, position, = the Personnel Officer may approve th appointment at a salary above e minimum =' in such cases, all ateurn4ient employees: in the class to which the appoir}trizent is made shall.be placed on at fe-is the same step -of the salary range as the new appointee, or ii_ In hiring exceptionally qualified personnel, the Person .Cytficer may approve appointments at. a salary above the minimum for the class_ Conditional Offer of Employment- An offer of e-noloyment is conlit gent upon ttte results of the following: 9_ Reference checks_ Prior to conducting eference n9 inquiries.a.prospective employee will be required to sign a release allowing the City to acquire information ,about the applicant from former employers. iY OF ROHNERT PARK Page 25 of 39 rsonnel Rules and Regulations ;ITY OF ROtiNERT PARK 'ersonnel Rules and Regulations 2. (Medical examination_ Applicants whahawe been.offered a regular position with the City are required to participate in a pre- employment physical_ Each job classification has specific physical standards and are reasonably related to iob requirements. The city Js notified only that the prospective employee is medically qualified, conditionally qualified or disqualified; no other medical information will be released_ 3. f=ingerprints 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_ Empl ©yment 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, riot less Ihan 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 (12) months for supervisory employees (includes management classifications). 2- Leaves of absence during probation_ If an employee is absent from work for .longer than five (5) working days during the probationary. period, the City :may extend the probationary period an amount of tiriie equal to the days missed if necessary in order to' evaluate an employee: 3- Extension of probation period_ All efforts will be made to"suffi- cie ntly 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 not to exceed. three (3) months- -a- I 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. disrriissed during their probationary period; have no right to hearing or appeal_ Notification of-rejection inust be served to the probationary employee in writing_ 5_ Promoted employees_ A promoCed employee who does riot successfully complete the probationary period will be reinstated to his-or her former position or to a comparable position_ if, however, the employee is discharged for cause, the employee has no right to reinstatement_ . 67 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 of 39 'Personnel Rules and Regulations CITY '01` ROHNERT PARK Personriej Rules and Regulations SECTION :6 - SEPARATION ANQi RfiNSTATENtENT 4n employee may be separated from employment by resignation, dismissal,. retirement; or tayoff.on account of ack of work or lack of funds_ The dismissal for cause of regular employees wit[ be in accordance with the xovisions of Section 8. Other separation procedures and reinstatement procedures are set forth below - 4_ Separation and /or Resi_ nation -.An employee wishing to resign is required to notify his /her supervisor in venting at least. two weeks prior to then intended leave from City employmen. t_ !A copy of the written resignation will be given to: the Personnel Officer and then placed in the..e oyment- personne! file_ 1. An employee who has resigned in writing may withdraw . his/her resignation prior. to the final date stated on the teller of resignation_ The withdrawal letter wilt also be placed in his/her personnel file. 2_ An employee who leaves employment without so filing a written resignation: and giving two (2) weeks notice, as required above, wilt have ibis 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 properly Personnel Officer may, at his/her. sole discretion, approve reinstatement of the formereemp ogee the Provided below: 1- 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. been eligible at time of separation. Former .regular full -time City employees returning to City service.withinthe six (6) month period will be granted the full benefits they were receiving at time of separation. as if [here was no break in service_. 2. An employee .separated from the City's employ for over six ,(6). months .wtw 'is reinstated` shall be treated as a new employee_ 3_ The City will reinstate into the pasition:-froin which he/she has been during a promotion to which . promoted any employee who fails he/she has'been promoted. 4- Any employee who resigns without. proper 'notice or resigns during an investigation or disciplinary action will not be eligible for reirtstaternent: S_ An employee who is granted an authorized leave to which be or'she is entitled under a federal, state or local taw requiring reinstatement shall . be re- instated to his/her former ,position as provided by taw_ - ayo - Whenever it becomes . necessary to reduce the number of employees due to lack of [work, economic considerations, changes in missiorR, technological changes, of- Officer as determined by Ehe Personnel based on other factors :or wlteri. a positron :in the ctas6fied services is to be .temporarily or permanently abolished the Personnel Officer v U no {iiy the Human Resources Departirient.the number of employees to be laid off.or the names aril humber° of positions fo be aboksheii:. The. purpose .of the procedures set forth below is to establrsfi equitable standards to'regulafe such: layoffs_ The..CiyA .decision to reduce its workforce is -a management.rrght, thus no due process grievance the decision is not subject to "meet and confer" requirementsr These a procedures apply, and procedures apply only to regular employees (full or part JimO and probationary employees: (initial or pro notlorialltiansfer)_ 1_ identification_ The Personnel .Offceron.the basis of -the administrative needs of the City determines 'the departments and positions. subject.tbTayoft= 2_ Order of layoff= iTY OF ROHNERT PARK srsonnel Rutes and Regulations Page 27 of 39 i_ITX.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 wilt be determined by considering business necessity, each employee's job performance and competence, and seniority_ i_ "Seniority" 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 shall 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' wrilten notice prior to the effective date of the pending layoff_ A copy of the notice shall be retained in the employees personnel fife_ 4_ Exclusions_ In certain instances, there maybe exceptions made in the order of layoff outlined above_ These exclusions would be made.when: a_ specialty positron 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, and/or obtain proficiency. through a short orientation period_ c_ a voluntary reduction by taking early retirement.andlor "golden hand shake "_ b_ Retreat rights /voluntary dernotion in lieu of layoff_ a. An employee who would otherwise be laid off has the right to retreat to a 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 laid off has the right to retreat to another position in _the same- dassifrcatron series or: to any position the employee has previously held and. f6f which the . employee is quWied. "'is occupied- by an .employee of lesser,;seniority_ The result is-that the more sernor employee "bumps" the junior employee, who then is entitled to the. retreat/demotiori rights. 86t 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:. Art employee who. wishes to exercise any of the rights set forth in this subsections must so notify the Personnel Officer in writing within five (S) 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 Personnef Rules and Regulations e- An employee who retreats or is demoted to a position as provided herein must serve [he 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 fist by seniority within the classification from which the employees were laid off. An employee's name remains on this. fist tor. 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.fonger interested in returning to the City. c_ inability to contact the employee by mat[ or phone at the employee's fast 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. ]. Offer of reinstatement_ if the positron previously held by a laid off employee becomes vacant;. or it another position within the same classification series becomes vacant, then the employee with the most seniority on applicable reinstatement list shalt be offered the vacant position_ 8. Restoration of benefits upon reinstatement_ When an employee is reinstated to employment after Layoff, all his,. Of her prior service shalt. be counted toward the calculation of leave accruals and . seniority_ Any unused sick leave which the employee had accrued at the time of layoff shalt be restored_" If an employee is. reinstated to a.: position in which he or she was serving a probationary :..Period t the time of iayoff, all. lime, on txobation Previously; completed_ prior.to layoff shalt be counteif toward determining:wheri the probationary period ends_ SECTION:.? - INCOMPATIBLE ACTIVI- tY /CONFLICTS-OF.INTERES.T 1. trico[iipatibte Activity - Certain activities are incompatible with ethical, effective employment with the City. % Alt City employees are prohibited from: 1. Participating iri improper politiical activity prohibited by the federal Hatch Act or 'pertinent provisions of Sta. to Law including the California Government Code; 2_ using for private gain or advantage the influence of a y Ciiy position or the facilities, equipment and supplies of the City- Soliciting any favors or .gifts from persons; concerns or corporations who have, or seek to ; business contacts with the Cily have 4- Accepting any favors or gifts from. per business sons, concerns or corporations who have, or seek to have, contacts with the City in, excess of the Conflict of interest guidelines established in the Rohnert Park Municipal Code Chapter 2.60; 5- Divulging confidential 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.- ob. in an efficient and .capable manner, is .illegal. pursuant to state of: federal law, or which might fflr OF R.OHNERT PARK Page 29 of 39 :rsonnet Rules and Regulations ;ITY 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 City's bests interests and to devote their best energies and skills to their positions. For this reason, City employees are prohibited from accepting outside erriployment 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 duly 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 faits to meet reasonable City standards, i_e: for cause_ Discipline may be imposed for a single incident or for a pattern of conduct_ The specific discipline imposed is intended to focus.the attention of the employee on the performance or conduct problem and,: except incases of discharge, to encourage changes in behavior: Disciplinary actions jnctude but are not limited to: counseling, oral reprimand, written reprirri5nd, reduction in pay, suspension without pay, reassignment, demotion, and' discharge_ Although .the City'generajiy applies the concept of _'progressive discipline," discipline may include any one or any combination of actions, and the actions need not necessarily be applied in a defined.order_, Instead, the discipline imposed will be determined according to the severity of the infraction(s), regardless of whether prior - discipline has been imposed_ Only regular erriployees 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 Disciplinary Action -Any regular employee may be disciplined for "good cause "_ Good cause is defined as reasons including, but not limited to, the following: 1_ Fraud in securing employment; 2_ incompetence or inefficiency; 3_ Failure to maintain. required licenses, credentials, certificates or other conditions for employment as specified in assigned classification; 4_ Insubordination; 5_ Dishonesty; 6_ Neglect of duty, or inattention to /dereliction of duties; 7_, Violation of City or Department rules and regulations, policies, procedures or general orders, whether oral or written; CiTY OF ROHNERT PARK Page 30 of 39 Personnel Rules and Regulations C 11YOF ROHNERT PARK Personngt Rules and Regulations 8. Disclosure of confidential personal information of another employee, 9- Negligent or willful damage to or waste 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; 12- Unlawful harassment or discrimination, or the failure to cooperate with the investigation of ha discruninatioR or other unfawful activities; rassment, 13- Possession of an open container, use of, or being under the influence of alcohol, non - prescription or unauthorized narcotics or controlled substances during work hours; 14. Excessive tardiness or absences, except in the. case of approved leave-, 15_ Absence without leave, 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; IT 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 i RohnerWark Municipal Code Chapter. 2.60; n the 18_ Failure to observe safe equipment; ty regulations and practices, including the use of assigned, personal. .protective - 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 polo contendere) of a felony turpitude; or any crime involving moral 23_ Conviction of a misdemeanor (including by plea of guilty or nolo contendere) that is of.a nature as to adversely affect the employee's ability to perform the duties and responsibilities of his or her position_ 3_ .Minor Diseinlirie_ All supervisors are authorized to implement minor disciplinary measures_ Minor disciplinary actions are not svbjee[ to appeal_ Examples of minor discipline - include the following_ 1_ Oral repririiand_ 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. OraE reprimands are noted by the supervisor, but are not documented in the employee's personnel file_ 2_ Documented counseling_ A written roemorandu'm showing that the supervisor has .met with the employee to disetiss a Specific problems) or deficiency and which sets forth the recommendations - given to the employee to address. the problems) or deficiency in order to. improve performance_ Although a copy may be sent to the employee's personnel file, documented counseling memoranda are, typically maintained in the supervisor's file until they are included .by .riotation in the employee's formal .performance.evafuations_ ITY OF ROHNERT PARK Page 39 of 39 ersonnel Rules and Regulations ATY OF ROHNERT PARK 'ersonnet Rules and Regulations 3- Written reprimand: A format 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 shalt 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 .shaft 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 reprimand /documented 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 Department Heads_ Types of major discipline include the following: 1 _ Suspension. The temporary removal of an employee from the-City service without pay for one (1) or more working days. "Working days" shall be. determined by reference to . the affected employee s normal work schedule_ 2_ Merit decrease_ A pay step reduction where_ performance falls short of the normal standards or where performance is clearly inadequate in one or more critical job duties_ 3_ Demotion. -The removal of an employee from one. position and reassignment 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 .her 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 follow the procedures .Iset .forth below- 1- Notice_ A written Notice. of Intent to Discipline.( "Notice ot'tntent °) 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 specific reason(s) or cause(s) for the actions, d_ A copy of.alt 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 CtTY•OF ROHNERT PARK Personnel Rules and Regulations major discipline should not be imposed. A request for such a hearing must be submitted in writirrg.within tern (10) working days of receipt 'of the Notice of intent- 2- Inforrnat 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. rattier an opportunity for the'em loyee to present information as to why the proposed major discipline s be imposed: Except by stipulation of the Cit hould not y and the employee, the hearing shalt take place within ten working (10).days of the employees request for hearing* and it may be rescheduled only once at iFre employee's request_ The totlowing parameters apply to the informal hearing_ a_ .tie hearing shalt be conducted by a responsible Person designated by the Personnel Officer- b- The hearing shall include the employee, the employee's chosen representative(s) - jreasonable number), and others as directed by the hearing officer- Absent extenuating circumstances, the employee's failure to appear waives his or her right to such a hearing. c_ The hearing shall be tape recorded or stenographically recorded, and a copy of .Ihe tape recording or transcript shall be provided to the employee upon request- 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- It the employee's information is presented by his or her representative, all statements: made: by the representative shall be attributed to the employee as if made by him or her personally, and it is the employee's obligation to correct any misstatements) by the representative_ e_ Following the hearing, the hearing officer will make a written recommendation to the Department Head who issued the Notice of Intent as to whether the proposed discipline should. be imposed, moifified, reduced or dismissed. 3: Notice of discipline_ following the informal hearing, it requested, the same Departinenl.Head who issued the Notice of Intent shaft consider the hearing officer's recommendation to. deterrrrine how to proceed. > tf he' or she decides to dismiss the proposed- discipline, written notice of the dismissal shalt be Provided to the'emptoyee as soon as practicable. tf the decision is to im proposed or-.in some m.odifed or reduced form, a written Notice of Discipline shall be discipline epare.d eT Notice. of Discipline shall state. a_ The specific type of disciplinary action .that will be imposed; b_- . Jbe specific reason(s) or cause(s) for The actions, setting forth specific facts that forrrr..the basis for the decision; c. The effective date`of the action- and d_, The applicable appeal rights available to the employee pursuant to these PersorYnetRUfes_ Disciplinary . action becomes effective on .the date stated in the. Notice of Disciplinary notwithstandi an em P. ary Action, m3 pfoyee's timely request for an evidentiary hearing before :the PersoPriel Officer_ Appeal- front. ftAaioi DiscWine.- Any_.employee on . whom major discipline has been ?Posed`shatl'be entitled to an rhea ing.as set forth be�ow- aPt? . 1_ Tuning_ .A etYipfoyee wishing to exercise the appeal wr4tfen Notice . Appeal to the .Personnel Oficerwithin'ten (10)vwo kingtdays a tenthe da diver a the Notice of ;Discipline_ . TY OF ROMERT PARK Page 33 of 39 rrsQnnel Rules and Regulations ITY OF ROHNERT PARK ersonnel Rules and Regulations 2. Employee re.presentatiori_ Employees may represent themselves or be represented by legal counsel or representatives) 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.shall, 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 shalt 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 Citys representative shalt 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: V The City's representative, followed by the employee, may make preliminary opening stalemenis_ ii_ The City's representative. may present oral or. documentary, evidence, or both, in support of the City's positron, the employee may cross- examine all witnesses called by the City_ iii- The employee may present .oral or .documentary evidence, or both, in support of the employee's posifigri; the Citys- representative may cross-examine all witnesses called by the employee_ iv- The City's. representative, followed by-the employee, may make a closing statement_ 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 relevant. -evidence may admitted if it is the sort of evidence on which responsible persons are accustomed to.retying in the conduct of serious affairs_ Oral evidence shall be taken.or'd upon oath.or affuination_ Hearsay evidence may be used for various purposes; however, hearsay standing atone and property 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'-ern ployees' rights to .privacy and confidentiality of their personal.- information. The Bearing .. officer (with advice - of appointed counsel, if necessary). sHail . rule on. any. objections made: to "the .admissibility of evidence or otherwise relating to the conduct of the he f_ Following the conclusion of. the.-hearing, the hearing officer shafh:prepare written findings and recommendations and provide them !o the City Manager, Thee hearing officer may recommend changes to the proposed discipfirie_ However, i( the hearing officer funds ttmt.the underlying facts giving rise to the charge(s) are proved-6 y a preponderance of the. evidence, the hearing officer may not recommend a reduction in discipline if reasonable minds could differ as to the proper level of discipline_ If 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 .level of discipline and set forth the facts upon whickhe or she based such finding_ tf.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 OFF ROHNERT PARK Page 34 of 39 Personnel Rules and Regulations Chy.OF RQHNERT 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 showw cause that the hearing officer abused his or her discretion_ a_ The City Manager shall review the entire record (i Skelly ncluding the Notice of intent, the record Skelly proceedings, the Skelly officer's written recommendation, the Notice of Discipline, the of evidence and record at the evidentiary hearing, and the appeal hearing officer's written f- indings and recommendations). b.. The City Manager shall issue a decision imposing the disciplinary action he or she deems appropriate and in the best interests of the City_ 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 Per 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, shall 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 judicial review within 90 days pursuant to Code of Civil Procedure 1094.6_ - 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 investigation 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 Safely'Supervisor (LT), Public Safety Division Commander, and Director of Public Safety. It shall be the poticy'of the City to extend these same rights . and privileges to all non_ safety members of the. Rohnert Park. Public Safety Officers' Association, except those that-by their very nature'coutd only apply to peace' officers and/or fire %jhters_ All subsequent revisions to California Code - sections 3300 et seq and Cotirt intergretafions of these statutes shall also be binding on the City with respect to non - safety members of the Rohnert Partc. 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 shaft include, but is not lirri "lied to, a Public Safety. employee's assigned City vehicle and /or. the enclosed spaces of an employee's assi' I desk or office area. Nothing .in this section shalt preclude the City from temporarily re- assigni a departments! asset to meet -a necessary operational requirertenl- ng TY OF ROHNE:RT PARK Page 35 of 39 :rsonmet Rules and Regutations J Y OF ROHNERT PARK , 'ersonnel Rules and Regulations owls RY - DEFINITION OF TERMS iDMiNISTRATIVE 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_ ►NNIVERSARY DATE - The date, which signifies the completion of each year of service by a regular'employee a position and/or the date an employee starts his/her probationary period for either original, promotional, or hange in classification appointments_ APPLICANT - A person who has successfully completed and submitted an employment application for a osition for which the City is currently recruiting_ LPPOINTMENT - The selection of, and acceptance by, an applicant to a position in the City service in ccordance with these rules. tVERAGE SCORE = Means the combined average of all- relevant, converted, and.weighted scores obtained by candidate for a given classification or position title-. :ALENDAR DAYS -.Consecutive days within a specific time frame and. shall inc* lude.weekends and holidays_ :ANDtDATE - An applicant for City employment who meets the minimum qualifications of the position applying :)r.and has been selected to begin the testing process or a person on an eligibility. list_ :FRA - California Fatuity Rights Act, state law established in 1993, and is administered by the California )epartment of Fair Employment and Housing, :iTY COUNCIL- The duly elected governing body of the city :ITY MANAGER -,Tire individuat appointed by the City Council to manage all City operations; departments, Policies and rules: :ITY SERVICE - The entire employment system of the City_ :LASSIFtCATtON A--group of. positions sufficiently similar in respect to duties .and responsibilities, that the -ame descriptive .classification title may be. used to designate each position allocated to that class: e The sam ninimum qualifications may be required of incumbents of positions in the class, and the same examinations . nay be used to choose, qualified employees_ :LASSIFICATtUN SERIES -. A group of classifications sharing similar functions but differing as to level of �Omplexiiy, difficulty and responsiblity_ ,LOSE RELATIVE - -Retative shalt -mean. spouse, father,.father -in -jaw, mother; mother -in -law, brother, brother n -taw, sister, sister' -in taw, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent- _ n-law, grandchildren and relationships in loco-parentis -and dose personal relationships, with the' approval of the ,ity Manager or. his/her designee_. OMPENSATION - 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 disciplinafy action on its )wn_ �ITY OF ROHNERT PARK Page 36 of 39 'ersonnel Rules and Regulations CITY OF ROHNERT PARK Personnel Rules and Regulations DOMESTIC PARTNER - Two adults who have chosen .to share one another's lives in an intimate and' committed relationship of mutual caring_ To :be 'eligible both parties must fi Partnership with the California Secretary of State_ le a Declaration 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 pecific classification, who have completed all examination processes and s are ranked, in order of the score or rating received_ EMPLOYEE - Any person appointed to fill an authorized em to officials, volunteers, unpaid interns, and those a p yn1ent position in the. City service_ Elected ppointed to advisory boards, committees, and commissions are not employees_ The categories of employees are_ Regular: A regular employee is one who has passed probation and holds a regularly authorized position with benefits. Regular employees may only be disciplined for cause.. There are 3 types of regular employees Regular full -time: a person who holds a budgeted (40) forty- hour' per week position, with duties and responsibilities that do not end in: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 Benefits for the Management and Confidential Units_ 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_ a person who works: in .a. r . egutar tuff or part -time than,City revenues (e_g_,.iederal or state grants. )_ funded by sources other Probationary_ A probationary employee is someone in a regular full- or part- titieg position w trial period as provided in Sections 4 and 5_ who is serving a Special: A special employee-is one hired for a special purpose to meet the.need of the City_ Special employees include: s 1- Provisional employees i.e. an employee. who meets the minimum uatifieations for a Who is appointed on an interim basis unlit the vacancy can be flied_ q position and 2_ Seasonal employees - A temporary employee appointed to positions of limit duration oi. not more Citys benefit than six (6) months within a twelve (?2)�month period_ Seasonal employees ed ed not participate in the 'fit programs_ 3_ Emergency employees - employees hired to meet the requirements threatens life, property, or The general wefface of the e;ty arxiwho a declared emergency which emergency ceases. position ceases when the. Probationary and Special Employees may be dismissed from such positions or disciplined with or withou cause_ l +ITRY LEVEL - The initial position in a class series. tAMiMATION - The process utilized to evaluate the . relative .skills. and 'knowledge ospective employment or current employee who has. applied. for a changg in classification andlor ge of an. applicant for promotion_ fYOF ROHNERT PARK . rsoruiel Rules and Regulations Page 37 61 3g ;11Y OF ROHNERT:PARK "ersonnel Elutes and Regulations Fechniques utilized may consist of, but not limited to any of the following: 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, exempt from the City s overtime policies. and is compensated for overtime through Administrative Leave, iccurnulated per specifications outlined in the MOA's and/or Outline of Benefits _ for the Management and confidential Units_ =AMILY AND MEDICAL LEAVE POLICY -Provides for employee leave during times -of illness or family :mergencies. In compliance with California Family Rights Act and Federal Family Medical Leave Act_ =MLA - Family Medical Leave Act, federal law established in 1993 and administered by the Department of _abor_ 3RiEVANCE - A :complaint by an employee relating to wages, hours, and working -conditions_ Disciplinary )ction 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 right to return to the >ame position held before the leave was granted_ UtEMORANDU . 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 idopted by the City Council_ VOLO CONTENDERE Lauri for "no contest_" In a criminal proceeding, a defendant may enter a plea of nolo. :ontendere, In which be does. not accept or deny responsibility for the charges but agrees to accept punrshmenf. VON- EXEMPT - An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA) s to receive overtime -pay at i % times normal pay for hours worked over 8, 9; 10 in a 24 hr_ .'period and/or any lours worked over-46 hours in a 7 day period, as outlined in the MOA's and/or Outline of Benefits for the Management and Confidential Units_ ?DL -. Pregnancy Disability Leave, California taw established in 1994, and administered by .the California Department of Fair Employment and Housing. ?ERSONNfL OFFICER. is the City Manager, and is responsible for the administration of all Personnel Rules_ ffuoughout these Personnel Rules, the term "Personnel Officer" denotes the City Manager *or his or her, 3esignee_ 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 temporary 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_ C'ROMOTION - The.movement of a qualified employee from one class to another class with a higher.maximum rate. of pay and greater job responsibilities_ REINSTATEMENT _ The re- employment of an employee who has regular or probationary status in a class, who has been _ laid off, is returning from an approved leave requiring.. reinstatement,, or who has resigned in :good standing and who.is entitled to preference in appointment to vacancies in that class_ CITY OF RONNERT PARK Page 38 of 39 Personnel Rules and Regulations CITY OF ROHNERT PARK Personnel Rules and Regulations RPEA - Rohnert Park Emptoyees' Associalio_ n_ The labor bargaining and representation unit for administrative, technical and support employees- 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 Personnet 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. SEIU - 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 employees or applicants. duration . in the absence of available eligible 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 laving essentially the maximum salary firnits, 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 seven (7) consecutive days starting with the same ; alendar day each week_ IESOLUTIONS EFFECTING PERSONNEL POLICY RESO 79 -22 - EMPLOYEE GRIEVANCE PROCEDURE RESO 92 -78 - EQUAL OPPORTUNITY EMPLOYER RESO 92 -79 RESO 93 _ - POLICY AGAINST DISCRIMINATION BASED'ON DISABILITY - ADA -38 AGAINST HARASSMENT RESO 99 -01 - ELECTRONIC MEDIA USE RESO 91 -192 - ANTI -DRUG POLICY RESO 87 -117 RESO - DEPENDENT CARE ASSISTANCE 00 -10 RESO 03 -71 .PROGRAM - EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004) - PROVIDING FOR CONTINUATION OF SALARY. AND BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY RESO 03 -235 DUTY OR TRAINING - OUTLINE OF THE CITY'S COMPLIANCE V1t(TI I THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ITY OF ROHNERT PARK Page 39 of 39 ersonnel Rules and Regulations 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 11 th day of December, 2001. CITY CITY OF ROHNERT PARK o Mayo FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) EXHIBIT "A" AMENDED CATASTROPHIC LEAVE PROGRAM Purpose The purpose of the .Catastrophic Leave Program is to establish a system and pool whereby, employees of the City of Rohnert Park may donate 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 am-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. i e CATASTROPHIC LEAVE PROGRAM PAGE 2OF2 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 approveldeny 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 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 23`a day of October, 2007. ATTEST: JA Y Clerk CITY OF ROHNERT PARK G/ (/,/ f Mayor BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)