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2008/05/27 City Council Resolution 2008-76RESOLUTION NO. 2008-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AS AMENDED THE OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS AND SALARY ADJUSTMENTS FOR THE CONFIDENTIAL UNIT WHEREAS, on February 12, 2008, the City Council, by Resolution No. 2008 -20, amended the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Confidential Unit covering the period from November 27, 2007, through June 30, 2009 ( "Confidential Outline "); WHEREAS, the City Council wishes to amend Section 6. 10, Dental Coverage, to strike references to dental implant coverage and related items, as the City has determined it cannot extend this benefit at this time; and WHEREAS, the City Council wishes to amend Section 6.22, Retirement Programs, to create compensation equity between the Confidential Outline and the Memorandum of Agreement between the City and the Rohnert Park Employees Association; and WHEREAS, it is the City Council's intention that this amended Confidential Outline supersede all previously approved versions of same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Confidential Unit dated May 27, 2008, covering the period from November 27, 2007, through June 30, 2009, be hereby approved as amended and shall supersede all previously approved versions of same. DULY AND REGULARLY ADOPTED this 27th day of May, 2008. CITY OF ROHNERT PARK Mayor aoHNE ATTEST: ig BREEZE: NO SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (4) NOES: (1) ABSENT: (0) ABSTAIN: (0) OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR THE CONFIDENTIAL UNIT May 27, 2008 EFFECTIVE NOVEMBER 27, 2007 — JUNE 30, 2009 TABLE OF CONTENTS 1. HOURS,. DAYS, AND PERIOD OF WORK .............................................. ..............................4 2. OVERTIME /COMPENSATORY TIME ..................................................... ............................... 4 2.1 Rate of Overtime Compensation ................................................... ..............................4 2.2 Compensatory Time Off ................................................................. ..............................5 2.3 Call Back ................................................... .............................................................. .......5 2.4 Exempt Employees ......................................................................... ..............................5 3. HOLIDAYS ............................................................................................... ............................... 5 3.1 Holidays Observed ........................................................................ ............................... 5 3.2 Proclaimed Holidays ..................................................................... ............................... 6 3.3 Day of Mourning or Special Observance ..................................... ..............................6 4. VACATION ................................................................................................ ..............................6 4.1 Vacation Schedule .......................................................................... ..............................6 4.2 Maximum Accrual ........................................................................... ..............................6 4.3 Eligibility for New Hires ................................................................. ............................... 7 4.4 Discontinued Accrual after Ninety (90) Days .............................. ............................... 7 4.5 Vacation Scheduling Based on Seniority ..................................... ..............................7 4.6 Regular Part-time Employees ........................................................ ..............................7 5. MILITARY TRAINING .............................................................................. ............................... 7 6. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS ........ ..............................7 6.1 Fringe Benefit Administration ...................................................... ............................... 7 6.2 Sick Leave ...................................................................................... ............................... 8 6.3 Catastrophic Leave ......................................................................... ..............................9 6.4 Paternity Leave .............................................................................. ............................... 9 6.5 Family and Medical Leave ............................................................. ............................... 9 6.6 Light or Limited Duty ...................................................................... ..............................9 6.7 Americans with Disabilities Act ................................................... ............................... 9 6.8 Payment to Beneficiary .................................................................. ..............................9 6.9 Health Coverage ............................................................................. ............................... 9 6.10 Dental Coverage ............................................................................ .............................10 6.11 Vision Care ..................................................................................... .............................10 6.12 Adoption Benefit ............................................................................ .............................11 6.13 Death /Bereavement Leave ............................................................ .............................11 6.14 Funeral Benefit ............................................................................... .............................11 6.15 Long -Term Disability Insurance ................................................... .............................12 6.16 Life Insurance ................................................................................ .............................12 6.17 Deferred Income ............................................................................ .............................12 6.18 Retired, Deceased and /or Permanently and Totally Disabled Employees ...........12 6.19 Education and Training ................................................................. .............................16 6.20 Longevity Pay ................................................................................ .............................17 6.21 Educational Incentive Pay ............................................................ .............................17 6.22 Retirement Programs .................................................................... .............................18 6.23 Dependent Care Assistance Program ......................................... .............................19 6.24 Health Care Tax -Free Dollar Account Program .......................... .............................19 6.25 Hearing Aid Benefit ....................................................................... .............................19 6.26 Personal Leave .............................................................................. .............................19 OUTLINE - Confidential C' November 27, 2007 through June 30, 2009 Page ii 7. SALARY ADJUSTMENTS .................................................. ............................... 7.1 Salary Adjustment .................................................... ............................... 7.2 Bilingual Pay ............................................................. ............................... 7.3 Paychecks ................................................................. ............................... 8. ALCOHOL AND DRUGS .................................................... ............................... 8.1 Alcoholic Beverages or Other Drugs ...................... ............................... 8.2 Off Duty Hours .......................................................... ............................... 8.3 Prescription Drugs ................................................... ............................... 9. SMOKING ........................................................................... ............................... 9.1 Non - smoking Pay Premium ..................................... ............................... 9.2 Non - smoking Status ................................................. ............................... 9.3 Condition of Employment ........................................ ............................... 9.4 Employees Hired After July 1, 1993 ......................... ............................... 10. RESIDENCY ................................................................... ............................... 11. GRIEVANCE POLICY AND PROCEDURE ................... ............................... 12. USE OF CITY FACILITIES .............................................. ............................... 12.1 Use of Sports Center and Lap Swimming Program .............................. 12.2 Performing Arts Center ............................................. ............................... 13. MANAGEMENT RIGHTS ................................................ ............................... 14. WORK CURTAILMENT (NO STRIKE CLAUSE) ............ ............................... 15. PERSONNEL RULES AND REGULATIONS ................. ............................... 16. TERM OF OUTLINE ........................................................ ............................... 16.1 Effective Date ............................................................. ............................... 16.2 Termination Date ....................................................... ............................... 17. INVALIDATION ................................................................ ............................... 17.1 Suspension of Agreement ........................................ ............................... 17.2 Replacement .............................................................. ............................... 18. NON - DISCRIMINATION .................................................. ............................... 19. PERSONNEL FILES ........................................................ ............................... 20. EMPLOYEE PERFORMANCE EVALUATIONS ............. ............................... APPENDIX A: ELIGIBLE EMPLOYEES RETIRING BY JUNE 30, 2008 .................. OUTLINE - Confidential L_! November 27, 2007 through June 30, 2009 19 19 19 20 20 20 20 20 20 20 20 21 21 21 21 21 21 22 22 22 22 22 22 22 ......... 23 ......... 23 ......... 23 ......... 23 ......... 23 ......... 23 ......... 25 Page iii This Outline is a document that describes conditions of employment, fringe benefits and salary for employees in the Confidential Unit. The Confidential Unit currently consists of employees occupying the classifications of: Accounting Manager Accounting Services Supervisor Administrative Assistant to the City Manager Administrative Assistant to the Director of Public Safety Deputy City Clerk Human Resources Analyst Human Resources Technician Management Analyst (Confidential) Payroll Specialist Secretary I Secretary II (City Manager's Office) Secretary II (Office of the Director of Public Safety) 1. HOURS, DAYS, AND PERIOD OF WORK Unless an alternative work schedule is otherwise pre- approved by the City Manager the hours, days and period of work shall be as follows: (a) Regular Workday - The regular workday is eight (8), nine (9), or ten (10) hours of work as may be determined from time to time by mutual agreement of an employee and his /her supervisor. (b) Regular Days of Work - The regular workweek for all employees shall consist of five (5) days, Monday through Friday. As may be determined from time to time my mutual agreement of an employee and his /her supervisor, the employee may volunteer for a workweek other than defined in this section. (c) Regular Work Period - A regular work period shall be forty (40) hours to be worked within the established seven (7) day work period beginning at 12:01 a.m. on Monday and ending at 12 midnight on Sunday. 2. OVERTIME /COMPENSATORY TIME 2.1 Rate of Overtime Compensation Overtime compensation at the rate of one and one -half times the employee's regular hourly rate shall be paid for all hours worked; (a) In excess of eight (8) nine (9), or ten (10) hours in any one workday. (b) In excess of forty (40) hours in any workweek. (c) On any Saturday or Sunday, or Holiday as defined by this Outline. OUTLINE - Confidential r- November 27, 2007 through June 30, 2009 Page 4 2.2 Compensatory Time Off A maximum of eighty (80) hours of compensatory time off may be accrued by an employee by mutual agreement of the employee and the Supervisor. 2.3 Call Back Employees who are called back to work after having left the work site shall be entitled to double time, with a minimum of two (2) hours' double time pay. 2.4 Exempt Employees Section 2.1 shall not apply to those positions that do not receive overtime pay, specifically the Accounting Manager, Deputy City Clerk and Management Analyst. These positions are exempt under the Fair Labor Standards Act. This list is subject to change due to position reclassifications or the creation of new positions. In calendar year 2008, exempt employees in the Confidential Unit shall receive up to one - hundred five (105) hours of Administrative Leave per calendar year. In calendar year 2009, the employees in the Confidential Unit shall receive up to ninety (90) hours of Administrative Leave per calendar year. Any unused Administrative Leave hours on a calendar - year basis shall not be carried over. Use of Administrative Leave is unrestricted. Up to sixty (60) hours of earned, but not taken, Administrative Leave may be paid in cash or its equivalent value applied towards an approved benefit program. Requests for pay of this leave shall be submitted to the City Manager. Employees are limited to one request per calendar year. Requests must be submitted on or before November 15. Payment shall be made no more than 30 days subsequent of the approval of the request by the City Manager. 3. HOLIDAYS 3.1 Holidays Observed The holidays observed by the City will be: "New Years Day ", January 1, 2008 and January 1, 2009 The third Monday in January, "Martin Luther King, Jr. Day" January 21, 2008 and January 19, 2009 Friday proceeding "President's Day," February 15, 2008 and February 13, 2009 The third Monday in February, "President's Day," February 18, 2008 and February 16, 2009 The last Monday in May, "Memorial Day," May 26, 2008 and May 25, 2009 "Independence Day," July 4, 2008 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 OUTLINE- Confidential l: November 27, 2007 through June 30, 2009 Page 5 CI "Veteran's Day," November 11, 2008 The fourth Thursday in November, "Thanksgiving 2008 Day after "Thanksgiving," November 28, 2008 12:00 Noon to 5:00 p.m. on December 24, 2007 2008 Day," November 27, and December 24, "Christmas Day," December 25, 2007 and December 25, 2008 3.2 Proclaimed Holidays Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. 3.3 Day of Mourning or Special Observance 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. VACATION 4.1 Vacation Schedule Vacation schedule shall be as follows as of July 1, 2004: Years of Service (Inclusive) Monthly Vacation Rate Annual Vacation Hours Up to 2 years 8.667 hours 104 3 to 5 years 10.000 hours 120 6 to 10 years 12.000 hours 144 11 to 15years 14.000 hours 168 Over 15 years 15.333 hours 184 4.2 Maximum Accrual (a) Vacation may be accumulated to a maximum of four - hundred (400) hours. (b) Once per calendar year, employees shall have the option to sell back to the City up to one -half of the employee's maximum, annual accrual of vacation time. Requests for vacation sell back must be submitted on or before November 15. The rate of the sell back shall be the employee's current and regular salary on the day the sell back request is approved. The sell back shall occur during a pay period that is no more than 30 days from the day the sell back request is approved. To qualify for vacation sell back, employees must have accrued at least eighty (80) hours of vacation time as of the day the sell back request is approved and must have used a minimum of eighty (80) hours of vacation time within the twelve (12) months prior to the day the sell back request is approved. OUTLINE - Confidential C November 27, 2007 through June 30, 2009 Page 6 other government agencies or departments, such as, but not limited to, the Public Employees' Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Outline are limited to the direct cost of providing the salary and benefits as described in this Outline. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. (a) The City will continue all employee benefits and pay the appropriate premiums, as specified in the applicable section(s) of this Outline, due for an employee out on an authorized leave while an employee is being compensated by vacation accrued time, compensatory time, industrial sick leave time and /or non - industrial sick leave time. (b) Employee may continue certain employee benefits during an authorized leave without pay for the period of the authorized leave by making payment to the City for said benefits. (c) If there is any inconsistency between this section and the Personnel Rules and Regulations, the Personnel Rules and Regulations shall govern. 6.2 Sick Leave (a) Sick leave benefits for regular employees hired before July 1, 1993 shall be as provided in the City's most current "Disability Wage Plan ". Each employee covered by this Outline shall be provided a copy of the aforementioned "Disability Wage Plan." (b) For regular employees hired after July 1, 1993, the following sick leave program will be provided: Sick Leave Accumulation Each employee shall earn and may accumulate sick leave as follows: Hours Earned Monthly Hours Earned Annually Maximum Hours of Accumulation 8 96 1200 (c) Any employee hired before July 1, 1993, may voluntarily elect to participate in the sick leave program as provided in Section 6.2 (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 6.2 (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. OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 8 2. Once an employee voluntarily elects to participate in this sick leave program, he /she shall remain in same with no return privileges. 6.3 Catastrophic Leave Leave benefits shall be provided as outlined in City Council Resolution No. 2001 -270, adopted December 11, 2001. 6.4 Paternity Leave Regular employees may use up to three (3) days accrued sick leave for paternity leave, following the birth of a child. 6.5 Family and Medical Leave Employees may request an unpaid leave of absence under the California Family Rights Act (CFRA) and /or the Federal Family Medical Leave Act (FMLA). Requests for family and medical leave shall comply with the requirements of the CFRA and /or the FMLA. 6.6 Light or Limited Duty Employees injured or ill from either on- the -job (industrial) or off-the-job (non - industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. They may 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 able to perform all his /her normal work duties. By virtue of this paragraph, the City does not intend to create any permanent light, limited or modified positions 6.7 Americans with Disabilities Act The City recognizes it has an obligation under law to comply with the Americans with Disabilities Act (ADA). 6.8 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 enrollment beneficiary card for City provided life insurance. 6.9 Health Coverage Employees will have a choice of Kaiser Foundation Health Plan, Inc., California North Region (S Coverage), Blue Cross Prudent Buyer Plan or any other appropriate health plan offered by the City. (a) Effective December 1, 2007 the City agrees to contribute towards medical insurance premiums an amount equal to 85% of the lowest cost plan at the employee's enrollment level. High Deductible Health Plans (HDHP) with Health Savings Accounts (HSA) shall not be used as the lowest cost plan. Effective July 1, 2008, the City agrees to contribute towards medical insurance premiums an OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 9 amount equal to 80% of the lowest cost plan at the employee's enrollment level. (b) As a result of any Federal or State law enacted subsequent to the effective date of this Outline, the City shall make an effort to maintain the level of benefits as provided for in this Outline. (c) Alternate Benefit Eligible employees may receive an alternate benefit of $350.00 per month when having health insurance from a source other than the City. This benefit shall be provided as outlined in City Council Resolution No. 2007 -178, adopted October 23, 2007. 6.10 Dental Coverage The City shall continue to provide, at no premium cost to employees, dental service coverage for employees, spouses, domestic partners, and dependents. The plan offered by the City shall be the Delta Dental Preferred Option, which for the most part, but with some exceptions, provides the following City coverage: (a) One hundred percent (100 %) of the cost of diagnostic and preventative care. (b) 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. 6.11 Vision Care The City will provide, at no premium cost to employees, the 12/12/12 Vision Service Plan with supplemental coverage 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 on any out -of- pocket costs incurred for frames. (c) In lieu of glasses, contacts with an allowance of one hundred and five dollars ($105). The allowance applies to the cost of contact lenses and the fitting and evaluation exam. The exam is in addition to the vision exam. OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 10 (d) A second pair of prescription glasses or contact lenses every twelve (12) months subject to a twenty dollar ($20) co -pay. (e) Contact lenses, in addition to glasses, every twelve (12) months subject to a fifty dollar ($50) co -pay. 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) co -pay 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, Lasix /Custom Lasik). 6.12 Adoption Benefit The City will provide one- thousand dollars ($1,000) per child cash benefit to employees adopting minor children to help offset the cost of adoption. This cash benefit does not include the cost of adopting step- children, i.e. children of present spouse. 6.13 Death /Bereavement Leave (a) A regular employee shall be paid up to three (3) days of bereavement leave when there is a death in their immediate family. (b) Additionally, a regular employee may, subject to approval of the Supervisor, use two (2) additional days of the employee's accrued sick leave if the employee must travel out of the area, i.e. at least two hundred and fifty (250) miles one way. (c) Immediate family in this case means: spouse, domestic partner, father, father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including step - children), step - parents, aunts, uncles, grandparents, grandparent -in -law, grandchildren, relationships in loco- parentis, and close personal relationships with the approval of the City Manager or his /her designee. (d) It is understood that the definition of immediate family provided in Section 6.13 (c) above supersedes the definition in the City's most current "Disability Wage Plan ". 6.14 Funeral Benefit The City will provide fifty percent (50 %) co- payment, not to exceed two thousand dollars ($2,500), for funeral expenses for an employee or their spouse only. This funeral benefit will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 11 6.15 Long -Term Disability Insurance The City shall provide, at no premium cost to employees, long -term disability income protection insurance coverage. The basic benefit shall be sixty six and two thirds percent (66 2/3 %) of the employee's monthly base pay. In no event shall the employee receive more than full salary. The benefits provided under this section are subject to the characteristics of the individual program. (a) The waiting period for the above long -term disability benefits plan shall be ninety (90) days. 6.16 Life Insurance (a) The City will continue to provide, at no premium cost to employees, fifty thousand dollars ($50,000) life insurance coverage for employees and one thousand dollars ($1,000) for dependents. This coverage includes accidental death and dismemberment benefits. (b) The City will allow, subject to the insurance carrier's approval, any employee to purchase, at his /her own cost, additional life insurance coverage under the City's group program. 6.17 Deferred Income The City will continue to make available to the employees a deferred income program, now being administered by Nationwide Retirement Solutions and International City Management Association (ICMA) or a similar program with another institution acceptable to the City. 6.18 Retired, Deceased and /or Permanently and Totally Disabled Employees The City agrees to provide /offer and pay the appropriate premium(s), as specified in the applicable section(s) of this agreement, for City offered /provided medical insurance, life insurance, dental program, and vision care benefits only to the following: (a) To regular full -time and regular part -time employees who have at least ten (10) years of continuous service with the City and who retire upon reaching retirement age or thereafter and are receiving a retirement allowance from CaIPERS. Coverage will extend to eligible dependents. Said employees shall be referred to as "Retired Employees." (b) To regular full -time or regular part -time employees who: Have at least ten (10) years of continuous service with the City, and; 2. Are retired forthwith from the City of Rohnert Park service into CalPERS at the time of permanent or total disability, and; OUTLINE - Confidential C November 27, 2007 through June 30, 2009 Page 12 3. Are permanently and totally disabled from their occupation and unable to perform with reasonable continuity the material duties of their own occupation. After twenty -four (24) months if gainful employment is obtained in an occupation in which the material duties are reasonably fitted by education, training, experience and compensation to the occupation at the time of disability, the employee shall no longer be considered permanently and totally disabled from their occupation. In such circumstances, benefits shall be discontinued. 4. Said employees shall be referred to as "Retired Employees" except for the circumstance noted above in which the employee is no longer permanently and total disabled. Coverage will extend to eligible spouse, domestic partner, and dependents. (c) To the surviving spouse, domestic partner, and legal dependents of a regular full -time or regular part -time employee who died while a City employee after ten (10) or more years of continuous service with the City. Said employee shall be referred to as a "Deceased Employee." (d) Benefits provided under this section shall be coordinated with Medi -Care, Medi -Cal, and any other welfare program available of which said benefit coverage shall be considered primary and City provided coverage in turn considered secondary. (e) All benefits provided under this section are subject to the characteristics of each individual benefit program. The life insurance to be provided will be the life insurance plan amount in effect and in accordance with the provisions of the life insurance program as of the date of employee's retirement. (f) The benefits provided under this section will continue for such retired employees and their spouse, domestic partner, and legal dependents, if any, while said retired employee is alive. In the event of the retired employee's death, coverage will continue for the spouse or domestic partners until the spouse or domestic partner dies or remarries. In addition, the benefits provided under this section will continue for said retired or deceased employee's legal dependent children who qualify as an Internal Revenue Service dependent until said children reach the age of twenty -three (23) or the spouse or domestic partner marries, whichever occurs earliest. (g) For regular City employees hired pay the highest level of benefit City provided /offered medical before July 1, 1993, City agrees to provided for active employees for insurance; life insurance, dental OUTLINE - Confidential 11 November 27, 2007 through June 30, 2009 Page 13 program, and vision care benefits only for retired City employees and their spouse /domestic partner or one dependent. (h) For regular City employees hired between July 1, 1993 and June 30, 2007 the City agrees to pay towards premium cost(s) for City provided /offered medical insurance, life insurance, dental program, and vision care benefits only for retired City employees and their spouse /domestic partner or one dependent as follows: Employees with less than 15 consecutive years of service with the City receive no medical benefits at retirement. 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 1he health plan cost is $1,000 and the active employee is eligible for a City share of 80 %, or $800, the retiree is eligible for a City share of 50% of the 80 %, or $400). Employees with at least 20 years but less than 25 consecutive years of service with the City are eligible for 75% of the amount received by active employees for the selected plan. Employees with 25 or more consecutive years of service with the City are eligible for 100% of the amount received by active employees for the selected plan. Calculation of premium will be prorated for permanent part -time employees. Employees must retire concurrent with termination of service with the City to be eligible for this benefit (no vesting). The City's share of the premium costs for all retirement benefits as described herein shall not exceed employee plus one dependent, and shall not include payment of Medicare B premiums. All active regular employees will be provided with an opportunity to "opt out" of the retiree defined benefit program by June 30, 2008 and in lieu of all other City retiree medical programs move to the defined contribution program, as defined in (i) below. The contribution will begin the month following an employee's election to opt out, i.e. on a prospective basis only. An employee's election to opt out shall be irrevocable. Employees opting out will receive $75.00 per month while in paid status, pro -rated accordingly for part -time employees. The contribution shall begin in the first full calendar month following the date of one's election to opt out. OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 14 (i) Regular City employees hired following the adoption of this MOA by the City Council shall be eligible for the benefits described below (in lieu of the benefits described in (g) and (h) above): The City will contribute $75.00 per month for active employees in paid status to a Retiree Health Savings Account (RHSA). The City's contribution to an employee's RHSA shall be considered vested as to an employee terminating City employment with ten (10) or more consecutive years of City service. Calculation of contribution will be prorated for permanent part -time employees. (j) Employees eligible to retire on or before June 30, 2008 shall be eligible to retire under the retiree medical benefits they were vested under as of November 30, 2007, as described in Appendix A. The purpose of this section is to allow employees an adequate period of time to make retirement decisions and to provide for a measured transition of the City's workforce. Prior to retirement, the employee will receive the same health benefits as active employees. (k) Current employees who, as of November 30, 2007 have ten or more years of full -time service with the City, but do not take advantage of the "grace period" as described above, may elect at the time of retirement in lieu of retirement medical benefits a $25,000 trust, held by the City, that may be accessed on a reimbursement basis for monthly medical premiums. Monthly medical premiums shall not exceed the dollar value of the premium had the employee elected to retire under the City's retiree medical. This provision shall expire June 30, 2009. (1) Employees retiring during the term of this Agreement may elect cash -in -lieu of the retiree medical. The monthly amount the retiree is eligible for shall not exceed the dollar. value of the retiree medical plan to which they would be entitled, and in no event shall exceed $350.00 per month. This provision shall expire June 30, 2009. (m) Continuous City service is defined as being continuous regular full -time or regular part -time City employment only for calculating length of continuous service under this section. Part -time (non- benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid or unpaid leaves do not constitute separation from City service for the purpose of this section. OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 15 available to employees throughout the term of this outline, but it does not obligate the City to tuition expenses beyond the expiration on the terms of this agreement. 6.20 Longevity Pay The City shall continue to provide longevity pay to employees based on continuous years of service, as defined in Section 6.18 (i) as follows: Completed Years of Service Pay Percentage Increases 5 years 2% For each completed year 1/2% thereafter The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay. The "completed years of service" will be determined on January 1st and July 1st only and not on an employee's employment anniversary date. For employees hired after 10/10/95, the longevity program as outlined above does not apply. 6.21 Educational Incentive Pay (a) Bachelor's Degree The City will provide a $50.00 per month stipend to an employee possessing a Bachelor of Science or Arts Degree under the following terms and conditions: 1) An employee must have been hired after 10/10/95 and not be eligible for longevity pay as outlined in Section 6.20. 2) The Bachelor of Science or Arts Degree is not a minimum qualification or educational requirement in the employee's class specification. (b) Master's Degree The City will provide a $50.00 per month stipend to an employee possessing a Master of Science or Arts Degree under the following terms and conditions: 1) An employee must have been hired after 10/10/95 and not be eligible for longevity pay as outlined in Section 6.20. 2) The Master of Science or Arts Degree is not a minimum qualification or educational requirement in the employee's class specification. (c) By providing educational stipends the City does not infer, intend or agree to meet and confer or meet and consult over minimum qualifications or educational requirements for any position covered OUTLINE - Confidential C November 27, 2007 through June 30, 2009 Page 17 by this Outline. The City at its sole discretion, and as its exclusive right, determines position qualifications. 6.22 Retirement Programs (a) Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) two and seven tenths percent (2.7 %) at fifty -five (55) retirement program to miscellaneous member employees. (b) The City will continue to provide the "one -year highest compensation" optional provision in its contract with CaIPERS. (c) The City will absorb any employer contribution rate increases for miscellaneous members required by CaIPERS. Miscellaneous employees will contribute one percent (1%) of the employer's contribution, except for the period of June 1, 2008 through November 30, 2008, when employees will contribute 0.5% of the employer's contributions. (d) The City will modify the CaIPERS Annual Cost -of- Living Allowance Increase (Section 21335) to provide for a 2.0% annual maximum cost -of- living increase for employees hired after December 31, 2007. Employees hired prior to December 31, 2007 shall be eligible for the 5.0% annual maximum cost -of- living allowance increase as defined in Section 21335. (e) The City pays eight percent (8 %) of the employee's contribution into CaIPERS for all miscellaneous members of the confidential unit as indicated in Section 5.23 of this outline. The City shall report eight percent (8 %) of the Employer Paid Member Contributions (EPMC) to CaIPERS as additional compensation for all miscellaneous members of the Confidential Unit. The City will report the value of the EPMC in accordance with all applicable provisions of the Government Code, law and requirements of the CaIPERS. The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies either presently or in the future. The City's obligation under this section is limited to the direct cost of providing the benefit as described. The City shall assume no further or additional financial obligation even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. OUTLINE - Confidential E� November 27, 2007 through June 30, 2009 Page 18 7. 6.23 Dependent Care Assistance Program The 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. 6.24 Health Care Tax -Free Dollar Account Program The 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. 6.25 Hearing Aid Benefit The City will reimburse an employee eighty -five percent (85 %) with a lifetime maximum of three thousand dollars ($3,000) for hearing aid device(s). 6.26 Personal Leave Each employee, who is in a paid status, shall be granted sixteen (16) hours of time each fiscal year for Personal Leave. Personal Leave may be taken as time off only on day(s) mutually agreeable to the employee and his /her Supervisor. The leave shall not carry over into the next fiscal year. SALARY ADJUSTMENTS 7.1 Salary Adjustment (a) Salaries will not be subject to a general wage increase during the term of this Memorandum of Agreement. (b) During the term of this Outline, the City will conduct a total compensation survey and provide the survey results to the Confidential Unit no later than January 1, 2009. The Cities of Santa Rosa and Petaluma, and the County of Sonoma will be included in the survey. 7.2 Bilingual Pay Special compensation shall be given to employees in the Rohnert Park Confidential Unit who possess bilingual skills. That is, when the City designates a position or person as bilingual proficient such an employee in the designation shall first demonstrate a language proficiency of job - related terminology acceptable to the Supervisor and the City Manager. Thereafter, the employee shall be entitled to bilingual pay at the rate of fifty dollars ($50) per pay period. Said employee shall be subject to re- testing. Bilingual designation shall be at the sole discretion of the City. OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 19 7.3 Paychecks Paychecks shall be distributed by the City to employees by noon on payday. 8. ALCOHOL AND DRUGS The City and the Confidential Unit agree to continue to work together to assist any employees who have an alcohol, alcohol related, drug, or substance abuse problem. It is mutually acknowledged that continued cooperative efforts will give employees a much better opportunity to recover from this very serious health problem. Since certain City employees are required to drive City vehicles, to think clearly and act responsibly as well as use various types of equipment, and it is known that drinking alcoholic beverages or taking certain drugs may slow a person's reflexes and ability to think clearly. The probability of having an accident is increased after drinking alcohol or taking certain drugs. The City recognizes that this situation could place the employee as well as co- workers and the public at risk of injury. 8.1 Alcoholic Beverages or Other Drugs Alcoholic beverages, or other drugs which affect an employee's ability to drive or function safely, shall not be used by employees during their assigned regular workday, nor while on assigned standby duty. 8.2 Off Duty Hours If an employee who has been drinking alcohol or using a drug which may impair the employee's ability to drive or function safely receives a call to return to work during off duty ours, the employee must decline the request to work. 8.3 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. 9. SMOKING 9.1 Non - smoking Pay Premium In recognition of the nation -wide concern with use of tobacco and the relationship it has to disease, the City agrees to continue to provide a $25 pay premium to employees hired before July 1, 1993 and who refrain completely from the use of tobacco in any form. Any employee deceiving the pay premium for not using tobacco and who starts using tobacco, shall rebate to the City all paid non - smoking premium paid by the City to said employee during the immediate twelve (12) months preceding. 9.2 Non - smoking Status Employees hired with a condition that they not smoke shall be required to remain non - smokers throughout their employment. A non - smoker OUTLINE - Confidential C November 27, 2007 through June 30, 2009 Page 20 13. 14. 15. 16 12.2 Performing Arts Center The City agrees to provide each employee with four 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. MANAGEMENT RIGHTS Except as limited in this Outline and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery and 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 Outline; to direct its employees and establish employee performance standards and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable laws; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. WORK CURTAILMENT (NO STRIKE CLAUSE) Under no circumstances shall any employee individually or collectively cause, sanction, honor or engage in any strike, sit -down, stay -in, sick -out, slow -down, speed -up, work to rule or any other type of job action, curtailment of work, restriction of production or restriction of service during the term of this Outline. PERSONNEL RULES AND REGULATIONS The City agrees to meet and confer with the Rohnert Park Confidential Unit on any updates or changes to the Personnel Rules & Regulations. TERM OF OUTLINE 16.1 Effective Date This Outline is to become effective on November 27, 2007. 16.2 Termination Date This Outline will terminate on June 30, 2009. OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 22 17. INVALIDATION 17.1 Suspension of Agreement If during the term of this Outline, any item or portion thereof of this Outline is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this Outline shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this Outline shall not invalidate any remaining portion which shall continue in full force and effect. 17.2 Replacement In the event of suspension or invalidation of any article or section of this Outline, the City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 18. NON - DISCRIMINATION The City acknowledges that in receiving the benefits afforded by this Outline, no person shall in any way be favored or discriminated against to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability. 19. PERSONNEL FILES Employees or their duly authorized representative have the right to inspect his or her personnel file maintained on him or her by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of the personnel file. 20. 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. OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 23 Incorporated by Reference. The following are incorporated in this agreement by reference: City Council Resolution No. 79 -22, adopted February 13, 1979 - Grievance Policy and Procedure City Council Resolution No. 80 -140, adopted August 11, 1980 - Regular PIT Employees' Fringe Benefits City's most current "Disability Wage Plan" as updated by City Council Resolution No. 92 -174, adopted October 27, 1992 City Council Resolution No. 2007 -178, adopted October 23, 2007 - Alternate Benefit City Council Resolution No. 97 -201, adopted November 1, 1997 — Ca1PERS Employer Paid Member Contributions City Council Resolution No. 2001 -270, adopted December 11, 2001— Catastrophic Leave City's Personnel Rules & Regulations OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 24 APPENDIX A: ELIGIBLE EMPLOYEES RETIRING BY JUNE 30, 2008 The purpose of this Appendix is to describe the retiree health benefits for current City employees who elect to retire on or before June 30, 2008. Current employees who are eligible for retiree health benefits based on City service completed prior to November 30, 2007 and who elect to retire on or before June 30, 2008 shall be eligible for the level of retiree health benefits as follows: • For regular City employees hired before July 1, 1993, City agrees to pay the entire appropriate premium cost(s) for City provided /offered medical insurance; life insurance, dental program, and vision care benefits only for retired City employees and their spouse, domestic partner, and eligible dependents as defined in the Memorandum of Agreement. • For regular City employees hired after July 1, 1993 City agrees to pay towards premium cost(s) for City provided /offered medical insurance, life insurance, dental program, and vision care benefits only for retired City employees and their spouse, domestic partner and eligible dependents as defined in the Memorandum of Agreement, a percentage of the appropriate premium cost(s) as follows: o Fifty percent (50 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least ten (10) years continuous City service completed prior to November 30, 2007. o Sixty -five percent (65 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least fifteen (15) years continuous City service completed prior to November 30, 2007. o Eighty percent (80 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least twenty (20) years continuous City service completed prior to November 30, 2007. o One hundred percent (100 %) of applicable premium cost(s), at the time of retirement or death as defined herein, for retirees having at least twenty -five (25) years continuous City service completed prior to November 30, 2007. Current employees retiring July 1, 2008 or later will be eligible for the retiree health benefits as described in the Memorandum of Agreement. OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 25 Call Back, 5 Overtime /Compensatory Time, 4 Compensatory Time Off, 5 Exempt Employees, 5 P Paternity Leave, 9 Paychecks, 20 Performing Arts Center, 22 Period of Work, 4 Personal Leave, 19 Personnel Files, 23 Personnel Rules and Regulations, 22 Prescription Drugs, 20 Residency, 21 Retired, Deceased and /or Permanently and Totally Disabled Employees, 12 Retirement Programs, 18 S Salary Adjustments, 19 Bilingual Pay, 19 Sick Leave, 8 Sick Leave Accumulation, 8 Smoking, 20 Condition of Employment, 21 Employees Hired After July 1, 1993, 21 Non - smoking Pay Premium, 20 Non - smoking Status, 20 Sports Center, 21 Suspension of Agreement, 23 Term of Outline Effective Date, 22 Termination Date, 22 T U1 Use of City Facilities, 21 Lap Swimming Program, 21 Performing Arts Center, 22 Use Of City Facilities Sports Center, 21 V Vacation, 6 Discontinued Accrual, 7 Eligibility for New Hires, 7 Maximum Accrual, 6 Regular Part-time Employees, 7 Scheduling Based on Seniority, 7 Vacation Schedule, 6 Vision Care, 10 RUA Work Curtailment (No Strike Clause), 22 OUTLINE - Confidential C November 27, 2007 through June 30, 2009 Page 27 been provided such as performance - appraisals,, demotions, suspensions, and dismissals. Disputes concerning exclusive city'rights with respect to mattes of general legislative or managerial policy do not constitute grievances under this procedure_ The nature of these exclusive city rights are described in Section 3.e. below. b.: A grievance may be initiated by an employee, jointly by a group of employees, or by a recognized employee organization. c- Employees who are in units represented by a recognized employee organization may choose to represent themselves or be represented by the recognized employee organization at any stage of this grievance procedure. Employees who are not in a represented unit may choose to represent themselves or be represented by any layperson or employee organization. Neither the grievant party nor the city maybe represented by legal counsel. d. No employee or recognized employee organization shall be interfered with, intimidated; restrained, coerced,. or discriminated against for exercising these .grievance rights. e. Nothing in this grievance procedure shall be construed to 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 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 forma( 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 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 shall be readily accessible to all employees and recognized employee organizations. b. Each. level-of management upon receipt of a formal grievance shall notify the recognized. employee organization (if any) which represents the employees of the unit from which the grievance originates concerning the times and places of all grievance .proceedings: The highest level of management involved shall notify .the appropriate recognized employee organization(s) in writing prior to implementation of any grievance settlement which affects the rights or conditions of.employees they represent. SECTION 7 STEP TWO — INTERMEDIATE SUPERVISOR a_ The grievant may appeal the immediate supervisor's decision by completing Section 2 of the grievance form and filing it with the appropriate intermediate supervisor within five (5) working days. b. The intermediate supervisor shall within ten (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 _8 "STEP THREE —,DE PARTMENT 'HEAD a. The grievant may appeal the intermediate supervisor's decision by completing Section 3 of the grievance fomn and filing ,it. with the appropriate department head within five (5) working days_: b_ The department head shall. within ten (10) working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant_ SECTION 9 STEP FOUR — CITY MANAGER a-' The grievant may appeal the department head's decision by completing Section 4 of the grievance form and filing it with the City Manager's office within five (5) working days_ b. The City Manager or his/her representative shall within ten. (10) working days investigate the grievance, discuss the grievance with the grievant and /or the grievant's representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant_ SECTION 10 STEP FIVE — GRIEVANCE APPEALS COMMITTEE a_ The grievant may appeal the City Manager's decision by completing Section 5 of the grievance form and filing it with the Personnel Office within ten (10) Working days_ b_ Upon receipt of a Step Five appeal, the Personnel Office shall notify the .members, of the Grievance Appeals Committee. The Grievance Appeals Committee shall then schedule the appeal for hearing not later than ten (10) working days from the receipt of the grievance and shall forthwith notify the Page 5 grievant and his /her representative of the time and place at which the appeal will be considered. c. The Grievance Appeals Committee shall conduct a hearing,. 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. betaken 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 grievants representative and the Personnel Department. Where there is no mutual agreement to join grievances, the. same or substantially similar grievances shall be processed. sequentially, by appropriate unit; in the order filed and time limitations will be held in abeyance pending complete processing of earlier complaints_ SECTION 12 WAIVING LEVELS OF REVIEW Any steps in the grievance procedure, other than steps- one and five, may be waived when the grievant or grievants and all levels of management involved in the steps waived mutually consent to such procedure in writing on the grievance form. SECTION 13 TIME LIMITATIONS a. Time limits established by this procedure may be extended or shortened . by mutual agreement in writing on the grievance form by the grievant or grievants and the level ,of management/Grievance Appeals Committee involved in that step_ b. Failure by a grievant to appeal a decision within the time limits prescribed shall be deemed a resolution of the grievance,. unless the grievant is unable to appeal for cogent reasons. Failure of management to meet with the grievant or to render a decision within -the time limits prescribed shall justify appeal to the next step of the grievance procedure_ SECTION 14 TIME OFF a. When practicable, proceedings 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 Y� b. Reasonable time off from usual duties shall be accorded to employees for the purposes of meeting with employee representatives, preparing and investigating grievances, presenting grievances; serving as a representative of a recognized employee organization at a grievance procedure, or representing a grievant, provided that before leaving his /her usual duties the employee shall, obtain permission from the . immediate supervisor involved. Such permission shall not be unreasonably withheld. SECTION 15 PRIVACY All grievance procedures shall be conducted in closed sessions, except that specified observers may be admitted by mutual agreement-of the parties involved. ARTICLE V — GRIEVANCE APPEALS COMMITTEE SECTION 16 COMPOSITION AND SELECTION The Grievance Appeals Committee shall consist of three members: Each committee member shall serve for two (2) years and until selection of a successor. Committee members shall be selected as follows. a. One city employee selected by recognized employee organizations acting jointly. b. One city management member selected by the City Manager. c_ One lay chairperson selected by recognized employee organizations and the City Manager acting jointly." SECTION 17 ALTERNATE MEMBERS An alternate for each of the three (3) principal Grievance Appeals Committee members shall be selected to serve .for the same - period as that of their respective principals. Alternate members shall be selected in the same manner as principals except that no alternate member shall be from the same city department or appropriate unit as his /her respective principal_ Alternate members shall serve in the place of their respective principals when the principal is unavailable, when the principal abstains from serving, and when the principal is from the same city department of .appropriate unit in which the grievance originates-. SECTION 18 COMMITTEE PROCEDURE The Grievance Appeals Committee shall meet on call of its chairperson or of the Personnel Office. Deliberations Of the committee shall be informal and shall provide a full and fair hearing of the grievance and proposed solutions. The city shall provide the committee with suitable facilities and reasonable secretarial support. Each party shall bear its own costs for any expenses involved in calling witnesses or producing desired evidence. ARTICLE V1 — 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 COUNCIL OF.THE CITY OF ROHNERT PAM OUTLINING POLICY FOR PROVISION OF FRINGE BENEFITS 'O PER14ANE14T PART -TIME EMPLOYEES WHEREAS,. the Council. finds and determines that it is appropriate to extend - certain fringe benefits to permanent part -time employees who 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 recognizes the city's obli gation as a responsible employer to provide the fringe benefits on a pro-rata basis to permanent part -time "!gloyees who work ' year round. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park th.At effective immediately the City Manager be and.is hereby authorized to extend to 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. S. 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 CompanT m 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 contributions towards fringe benefits and employee having to put in at least 30.hoirs. 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 basis determined by the amount of time the employee regularly works as set forth above. For example, for none -half time .employee (20 hours a week) the city will contribute 50% of the premium payment for fringe benefits items 8 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 depe,Ayq nts covered. BE IT FURTHER RESOLVED that the C R . ffirms the city policy of not extending fringe benefits to season tr' employees who are employed for six (6) months or less. .rr DULY AND REGULARLY ADOPTED thi `lith d'ag�o4 -A ust, 1980. AYES: (3) Carbone, Cavalli b Robert _ RO NOES: (0) None ABSENT: (2 Hopkins tewart Mayor o-Tempore ATTEST: /( /m / /Aot�u�vaB�puty Citv C1eiR' 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 Ci 'Disability Wage Plan" pamphlet and feels it is approp ty's existing riate 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 "Disab finds it satisfactory- ility Wage Plan- and NOW. THEREFORE BE IT RESOLVED by the Council of the City of Rohnert .Park that the "Disability Wage Plan" as revised and dated October 27, 1992, which is attached to this resolution and by reference thereto incorporated herein, is hereby approved_ DULY AND REGULARLY ADOPTED this 27th day of October, 1992_ CITY OF ROHNERT PARK My aoNr a PAQK ' Hayor EST_ Deputy City Clerl ECK AYE HOLLINGSWOATH AYEHOPKINS AYE RE: W, AYE-Z AYE AYES S NOES 0 ABSENT 0 ABSTAIN 0 CITY OF ROHNERT PARK t DISABILITY WAGE PLAN TABLE OF CONTENTS Section Title Page No. DISABILITY WAGE PLAN I - Purpose 1 2. Eligibility 1 3. Length of Service Schedule.. 2 4- Periodic Increase in Benefits 3 5. Benefits Renewal — 26 Week Rule 3 6- How Benefits Are Calculated 3 7_ Active Work / Authorized Leave Requirement 3 8. Proof of Claim 3 9_ Notification Required 3 10_ Absence Reporting 4 IL Conditions Covered 4 12- Conditions Not Covered 4 13. Pregnancy or Maternity Leave 5 1.4_ Paternity Leave 5 15. Light or Limited Duty 6 16- Effect on Vacations 6 17- Sick Leave Without Pay 6, 18- Holidays During Disability 6 19_ Effect on Retirement 6 20_ Sick Leave Benefits Misuse 6 21- Temporary Layoffs 7 22- Long Term Disability 7 23- Employee Death 7 24- Changes in Plan 25. Non- Discrimination 7 26. Additional Information 7 INDUSTRIAL DISABILITIES 1 _ Separate Schedules 8 2. Effect on Workers' Compensation 8 t, 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 Plan is one of the most important benefits you enjoy as a regular employee, yet it costs you nothing_ It is a benefit paid for entirely by the City_ Your obligation is to notify your supervisor or the Personnel Office as soon as possible when you become ill or disabled, and to keep them informed of the date you expect to return to work- 2. ELIGIBILITY If you are a regular employee, you are eligible for the benefits of this Disability Wage Plan in accordance with the number of months or years of service, which you have completed, unless you are covered by a collective bargaining agreement, which provides a separate disability wage plan_ Regular part -time employees shall participate in sick leave benefits proportioned to their fixed work ratios_ These Disability Wage Plan benefits shall apply to all offices, positions and employment in service of the City, except: 2.1 Elective officers in the performance of their duties; 2.2 Members of appointive boards, commissions and committees; 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_ 262 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 d * isabled 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 6 0 2 9 0 3 Completed Years Week's Benefits (PLUS) Week's Benefits Of Service at Full Pay at Half Pay 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 II 11 31 12 12 30 13 13 14 14 .29 28 15 15 27 16 1b 26 17 17 25 18 18 24 19 1.9 23 20 20 22 21 21 21 22 22 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. i 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_ 42 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' ncreased 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. 82 The City may require an employee to provide a medical doctor's statement prior to permitting the employee to return to work following the use of any sick leave. 9_ NOTIFICATION REQUIRED When an employee becomes ill or disabled, the employee must give notice immediately to the employees supervisor or the Personnel Office. Normally, the employee's sick leave benefits will not start until the day such notice has been received by the City. Employees are also asked to notify: the City as soon as possible when they expect to return to work. Notice may be given by telephone, letter or message delivered by a fellow employee_ It is important, however, that the employee's supervisor know when the employee may be expected to return in order that reassignment of temporary replacements may be handled in an orderly manner_ 10. ABSENCE REPORTING In all instances when an employee is absent from his /her scheduled work more that fifteen (15) minutes, an Employee Absence Report form must be properly submitted. I L 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; 113 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 fora ,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 ofn ar-cotics or habit forming drugs; 12.3 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_ 4 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 (l). year of continuous service, that. employee shall be entitled to utilize either accrued full pay non- industrial sick leave or a minimum of three (3) weeks accrued half pay non- industrial sick leave, whichever is greater. Such disability leave on account of normal pregnancy or childbirth shall not exceed (9) weeks; A probationary employee having completed less than one (1) year of service shall be entitled to utilize any accrued half pay non - industrial sick leave benefits and other accrued leave on the same basis as other employees who are temporarily disabled due to a non - industrial illness or injury; 13-2 While the employee is on paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage_ Leave shall commence upon certification from the employee's attending physician that she is no longer- capable of performing the duties of her position without undue risk to herself or other persons; 13.3 In no event shall the employee's paid leave exceed the total of the employee's accumulated but unused full.pay non - industrial sick leave, or as specified, half pay non- industrial sick leave, and other accrued leave; 13.4 An employee may be absent from employment for a reasonable.collective period of . time not to exceed four (4) months (including period of paid sick leave) during the time of pregnancy and post - pregnancy period. During this period of time, the employee may utilize any. accrued vacation time- Unpaid 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.Ieave, an employee shall be reinstated to her former position or to a comparable one unless reinstatement to the former.or comparable position is not possible because of legitimate business reasons unrelated to the employee's pregnancy; 13.6 An employee may request an unpaid leave.of absence (under Section 28.1, City Manager's Administrative Policy No. 1, Personnel Rules & 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_ t I5_ 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 17.2 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. 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, Naturally, this provision only applies in the case of temporary ayoffs 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 may be 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_ 2S. NON - DISCRIMINATION In receiving the benefits afforded by this Disability Wage Plan, no person shall in any way be favored or discriminated against to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability. 26. ADDITIONAL INFORMATION Employee's seeking further information regarding the administration of this Plan are welcome to contact the City's Personnel Office. INDUSTRIAL DISABILITIES I _ 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_ 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 Ca1PERS 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: y Clerk CITY OF ROHNERT PARK GI : V, f Mayor BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) RESOLD nON NO. 97- 201 RESOLUTION OF THE CM COUNCIL OF THE CITY OF ROHNERT PARK THAT IMPLEMENTS THE REPORTING OF THE CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS AS ADDITIONAL COMIPENSATION FOR ROE INERT PARK EMPLOYEES' ASSOCIATION MEMBERS WHEREAS, the City of Rohner Park has the authority to implement Government Code Section 20636 Pursuant to Section 20691; WHEREAS, the City of Rohner Park has a written labor agreement, known as the Memorandum of Agreement With The Rohnert Park Employees' Association, which normal member contributions d the a lover on behalf of the mspecifically e addiuOna(o the s of pal by mp WHEREAS, one of the steps in the procedure to implement this section is the adoption by the City Of Council of City of Rohnert Park of a Resolution giving notice of its intention to commence reporting the value employer Paid member contributions (EMPC) 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 Rohnett Park elects to pay 7 % of employees' compensation earnable as Employer Paid Member Contributions and report the same 7% of compensation earnabie as additional Wit. This benefit shall apply to all employees that are designated members of the Rohnert Park Employees' Association Employee Organisation, This benefit shall be effective on January 1, 1998; NOW, THEREFORE, BE IT. RESOLVED, that the City Council of the City of Rohner[ Park shall implement Government Code Section 20636, pursuant to Section 20691. by paying and reporting the valve of Employer Paid Member Co above. ntributions for all employees of the Rohnert Park Employees' Association as indicated DULY AND REGULARLY ADOPTED this November 10, 1997. CITY OF RORNERT PARK _ 4 user ATTEST: Deputy rty Clerk n,ORFC_ AYE mAcxFrv2jE AYE AYE REILLY YIDAK- MaitTtxEZ AYE setxo AYE AYES: 5 NOES: Q ABSENT 0 O 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 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 to 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) _ i EXHIBIT "A" AMENDED CATASTROPHIC LEAVE PROGRAM Purpose The purpose of the .Catastrophic Leave Program is to establish a system and pool whereby, employees of the City of Rohnert Park may donate vacation and compensatory hours to a pool for an employee in need who meets the criteria to obtain Catastrophic Leave to alleviate financial hardship. Catastrophic Leave Pool All regular full -time and part -time employees of the City of Rohnert Park may donate up to forty (40) hours of his /her vacation time per calendar year into the Catastrophic Leave Pool._ The donating employee must have a vacation leave balance of at least forty (40) hours after the donation of vacation time. All regular, full -time and part-time employees of the City of Rohnert. Park may donate up to forty (40) hours of his /her compensatory time per calendar year into the Catastrophic Leave Pool. The donating employee is not required to have a compensatory time balance after the donation'of the compensatory .time All time donated will. be credited on an hour= for =hour basis regardless of hourly pay differential. The Personnel Office will. account for the donation and disburse catastrophic leave hours. . Catastrophic Leave Catastrophic Leave is hours of time which have been donated into a pool and may, be used by an employee in need and who meets the criteria of this program. Catastrophic leave may be used for an absence due to a verifiable long -term illness or injury such as, but not limited to; cancer. and heart conditions which clearly incapacitate the employee; for a serious illness or injury to a spouse, child, parent or other dependent who is in need of the employee's care. Eligibility To be eligible to apply for hours of catastrophic leave, an employee must be a regular, full -time or part -time employee who has completed 2080 hours or one -year of employment with the City, and has exhausted all other benefits available for which they are entitled. Catastrophic Leave shall not be used in conjunction with any other long -term or short - term disability programs, Social Security ' or Workers' Compensation Benefits. Catastrophic Leave may not be used to extend a date of retirement.. Should this program conflict with any other provision of law, applicable Government Codes or CalPERS regulations,. the City Will.comply with those provisions and not the Amended Catastrophic Leave Program. CATASTROPHIC LEAVE PROGRAM PAGE 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 12/11/01 'i � C T� J `_ CITY OF ROHNERT PARK Personnel Rules and Regulations CITY MANAGER'S ADMINISTRATIVE POLICY NO. 1: PERSONNEL RULES AND REGULATIONS NOVEMBER 9, 2004 Ty OF ROHNERT PARK rrsonnel Rules and Regulations Page 1 of 39 -ITY OF ROHNERT PARK lersonnel Rules and Regulations TABLE OF CONTENTS ;ECTION I - INTRODUCTION ---------------------- ------------------------------------------- - ------------------------------ PAGES 3 - 5 SECTION 2 - PAY PLANS AND COMPENSATION __________________________ _ - ---------------- ------- ------- PAGES 5 - 8 3ECTION 3 - BENEFITS ------------- -- - -------- PAGES 8 - 20 SECTION 4 - IN-HOUSE RECRUITMENT------ -- - - - -- -------------- I ------- --- - ---- PAGES20-21 SECTION 5 - RECRUITMENT PROCESS-- - -- - -- --- ------- ----- ----- PAGE S 21 - 27 SECTION 6 - SEPARATION AND REINSTATE M ------ _PAGES 27 - 29 SECTION 7 -INCOMPATIBLE ACTIVITY/COINFLICTS'10'r.. INTEREST- ------------- ------ PAGES29-30 SECTION 8 - DISCIPLINARY ACTION ------------------- ----------------- - ----------------------------------------------- PAGES30-36 GLOSSARY - 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 . Wff H THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 CITY OF RO"NERT PARK Page 2 of 39 Personnel Rules and Regulations CITY OF ROHNERT PARK Personnel Rules and Regulations I t 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. competent persons available; to 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 followin established_ g rules and regulations are 3_ Coverage - These rules and regulations apply to all offices, all regular full -time employees, regular part- time employees, and all positions and employments in the service of the City, except-, 1. Elective officers in the performance of their elective duties and Members of appointed boards, commissions and committees. 2. Persons engaged under contract to supply expert, professional, technical or other services_ 3_ Volunteer personnel, such as volunteer auxiliary frrefiighters and public safety reserve officers_ . 4- City Manager and City Attorney. 5. Probationary employees, except as expressly provided herein_ 6_ Limited Service Personnel (i_e_ temporary or seasonal employees employed by the City not more than six (6) months during the fiscal year for special purposes) - 7_ Part -time employees paid.by the hour or day who do not meet employees. .the definition of regular part-time General Provisions 1. The City expressly prohibits discrimination in .emptoyment'on the basis of race, religious creed, color, na €ionaf or ethnic origin, ancestry, mental or. physical disability, medical- condition, marital status, sex, sexual preference, political opinion, political affiliation or on tfie.basis that an individual is age forty (4t}) or over, or any other basis protected by federal, state or local law. 2. An employee's work performance with be evaluated by their r'nmediate supervisor or the supervisor's designee at. least once a year on a form prescribed.by the Personnel Officer: Supervisors will discuss their evaluations in full with each employee, outline goals and expectations, and point out where the employee has done an outstanding job and suggest ways in which job performance can be enhanced. 3_ All regular appointments include a probationary Period as - provided herein of not less - than twelve (92) 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 Pubk 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 classifications)_ supervisors (includes management 4_ Employees must be physically and mentally able to p without erform the essential functions of the job, with or reasonable accommodation. I-Y OF ROHNERT PART( rsonnel Rules and Regulations Page 3 of 39 �ITY OF ROHNERT PARK 'ersonnet Rules and Regulations 5- The.City reserves the right to amend these rules and agrees to meet and confer with representatives of recognized employee organizations on those changes that are within the scope of representation. 6_ Nothing herein prevents or restricts the City's right to contract for performance of expert, professional, technical or any other services_ 7. Nothing herein prevents or restricts a Supervisor from issuing 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 will prevail_ Personnel Records - In the case of personnel records, the term "personnel records- means any file maintained under the individual's name by his or her employing agency containing records .relating to personal data, including .marital. status, family members, educational and employment history, or similar information, medical history, election of employee benefits, and employment advancement, appraisal, or discipline_ 1 The City maintains personnel files for all employees which contain all records, files and documentation used to determine the employees qualifications, performance, promotion, additional compensation, or termination or other disciptinary action_ a_ Each employee must promptly notify the Human Resources Department of any changes in relevant personal information,: including but not limited to; mailing address; telephone number;. name(s) of dependent(s); and persons to contact in an 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 personnet files only.ort a "need . to know basis for legitimate business reasons_ 2_ . The City maintains a confidential file for all employees which contains all medical information about an employee or applicant_ Information in this confidential file is obtained and maintained in accordance . with state and federal law (e -g_ the California Confidentiality of tVtedica! Information Act and the federal Health Insurance Portability and Accountability Act ( "HiPAA"} City personnel have. access to confidential medical files, only on a "need to-know" basis for legitimate business. reasons_ 3_ All inquiries from outside agencies, firms, or individuals concerting personnel will be referred to the Human Resources Department for handling and response_ This includes, - but is not limited to, inquiries concerning employee performance, or evaluation in connection with new employment opportunities and employment verification checks for financing purposes. This procedure applies to both former and present employees_ a. 'Absent a written release from the employee, the Human Resources Department provides only dales of hire and termination, positton title, and pay range. b_ Information disseminated to inquiring parties will be extracted from the personnet 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 his {her scrutiny.. CiTY OF ROHNERT PARK Page 4 of 39 Personnel Rotes and Regulations •� s CITY (}F ROHNERT PARK Personnef,Rufes and Regulations 4. Any employee who wishes to review .his or her personnel records should contact the Human Resources Department and set up an appointment at a.mutualiy agreed upon time. The review must be done in the presence of the Human Resources Assistant. or his /her designee at the location where the file is stored and at no loss of compensation to the employee_ An employee may request a copy of any employment - related document that he/she.has signed. This subsection does not apply to those employees covered by the Public Safety Officers' Procedural Bill. of Rights (Government Code §3300, et seq. ) a, An employee is not entitled to inspect records set forth in Labor Code section 1198.5(d} as it may, from time to time, be amended_ impact records relating to the cnves or letters of reference_ ligation of acriminal offense b. An employee is not entitled to inspect complaints, or investigation of co event or transaction in which th mplaints, concerning an the em was involved or participated to the extent that the disclosure of such information would constitute an unwarranfed invasion of personal privacy. 5. Employees have the right to respond in writing to any evaluation report Such responses must be submitted within thirty (30) calendar days of the evatuationhiniepv'rson and fwl! be included in the personnel file records_ Destruction of Records - The employee personrref records are considered a permanent record and all personnel file documents are retained by the City for the duration of the employee's period of employment and for any subsequent period required by law_ a. The records of former employees are retained in ac Resolution 90 -161 cordance with the schedule established in _ b. Shredding destroys personnel records that have reached time Fimif established in Resolution 90 -161. SECTION 2 --PAY PLANS AND COMPENSATi0N Classification Plan - 1 _ Creation of classifications_ The City Council, upon recommendation by the Personnel Officer, shat{ create a classification plan for City employ Each position shall be. allocated to a class identified by. class title. Positions shalt have. the same class. title when they conform. to the same specification or when the positions' descriptions are.suffccienily similar as to_quatifccat'rons, educational requirements, responsibilities. level of supervision, and other characterestics_ 2- Specification of classes_. A . class may.. include more than one . . Osi6o Each class specification, which includes= a concise; descriptive title, a brief defcrtctlon, a description of the�essential job duties .and resporisikiitities, astatement of i speciat requirementS, acid a statement of desirable qualifications_ 3. Reclassification_ The Personnel Officer is responsible for reviewi Positions and recommending to the City. Council .the. creation: ing th duties. and responsibilities of existing classes_ The Personnel Officer shag review classifications and t ee danthe abolition o the following situations: a Upon the recommendation of the Supervisor or upon the request of an employee, the Personnel Officer has the right to reallocate a position to a different class whenever its duties change materially, provided the rectassification can be accomplished within - budget limitations. The Personnel Officer has the discretion to determine when.the duties Kaye ma#eriaNy changed which Y OF ROHNERT PARK sonnel Rules and Regulations Page 5 of 39 CITY OF ROHNERT PARK Personnel Rules and Regulations warrant a reclassification - To process reclassifications in a timely manner, the following process will be followed: i_ Supervisor or employee submits a request of reclassification to the Human Resources Department_ ii: 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- B. 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 tot- a class, all employees' sataries 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 will be the minimum salary for that class, unless that minimum is tower than, or the- . same as, the employee's: salary at the time of the move_ In that event, the employee win receive the next higher step. within the pay range of. the higher class.. Employees receiving a promotion will receive at least a 5 % increase in salary unless limited by the salary range maximum_ The new review date tot promoted employees is the date of promotion or in six (6) months if the employee in placed at Step A. 4- Demotions. When an employee is demoted, (moved from one class to a class with a lower maximum saty),. the Personnel Officer will set the employee's salary within the range of the class to which the employee has. been demoted_ to this event, the employee's anniversary date will be the same as the effective _date of demotion for purposes of conducting performance reviews and making corresponding salary .adjustments- The employee's original hire date will continue to determine his or her eligibility for other types of benefits and leave accruals. 5. Reclassifications: Art employee whose position is reclassified from one class to a class with a lower maximum salary retains his/her original anniversary date_ A reclassified employee relains 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 CiTY OF ROHNERT PARK Page 6 of 39 'Personnel Rules and Regulations CiTY•OF ROHNERT PARK Personnel Rules and Regulations employee wilt 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 improve productivity and foster communication between supervisorsrand employees Evaluations should be Process is intended to 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 evacuation must indicate dearly whether. overall performance is superior, satisfactory, or substandard_ The review process musfprovide for employee feedback and face -to -face communication_ Results of the performance review will be utilized to determine employee's training and development needs_ 1. Salary adjustments. Results of the employee's current performance review will be used to determine salary adjustments on the. employee's anniversary .date_ Employees . whose work performance is satisfactory will be eligible for advancement to the next higher step (not to exceed the maximum) of the salary range_ Employees who receive a less than satisfactory rating may not be eligible for a salary advancement on their anniversary date_ 2. Employee review and response, . Employee will be provided with a copy of his /her performance evaluation twenty -four (24) hours.,prior to the evaluation interview_. Employees have the right to respond in writing to the evaluation report should they so desire_ Said responses should be submitted to the reviewer no later than thirty (30) days after the evaluation interview. Contents of an employee's performance evaluation are not subject to the grievance procedure_ 3. Copies kept iii personnel #ile_ . T.he employee's complete, on inal,, and signed evaluation - including any written comments 9 9 Performance official personnel file kept in the Human Resource Deparlme to employee is filed in the employee's �- Pay`Pe_ rind - The pay period for all employees: is bi= monthly on the 15th and the.last day of the month_ When the`15th or the fast day of, the month falls: on a weekend or holida Prior Friday. All paychecks are to be dirstributed to the departments and delivered to the e ployee'bytnoon on the 15th or the last day of the.month 1 _ Time cards_ All employees are required to keep a timecard and accurately record all hours worked_ a. Felt -time employees_ Regular full -time employees will be paid,for.the prior two-week period worked_ b_ Part -time ernptoyees, Regular pert -time . and hourly timecards to the Finance Department ,on the 5tt' and ,20th of the mole he and wit! submit their 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 fillim out the required documents_ ITY OF .ROHNERT PARK 'rsonnel Rules and Reg0lations Page 7 of 39 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 iri accordance with any provisions in applicable memoranda of agreement_ F_ Compensatory Time Off - Subject to applicable memorandums) of agreement or the outline of certain employment conditions for non- represented employees, compensatory time off. may be granted in lieu of overtime pay for overtime work performed by eligible employees_ Compensatory time off is subject to the accrual cap in the relevant memorandum of agreement- I- Approval of overtime. Employees must obtain pre - approval before working any overtime_ The Supervisor will authorize such overtime work and will notify the Personnel Officer upon such authorization. The Supervisor is responsible for arranging his /her department so that compensatory 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 FISA, 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£TO 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 current memorandum(s) of agreement or outline of certain conditions of employment with reflect accrual information, time, and manner in which any payment for unused compensatory time will be made_ 5_ Payment upon separation_ Upon separation, all employees will be paid a lump sum for all outstanding approved and accrued compensatory time and /or administrative leave_ 6_ Use of CTO_ .Employees who wish to use CTO must obtain prior authorization of their Supervisor or Department Head_ The City's policy is to permit the use of CTO within a. reasonable period after the request for use is made. Use of CTO on the specific dates requested by an employee will be permitted as much as reasonably. practicable taking into account the operational needs of the department To facilitate scheduling, employees are encouraged to provide as much advance notice as possible of the dates they desire to use CTO_ SECTION 3 - BENEFITS A. Holidays - 1: Scheduled holidays. The City Council establishes the holidays to be observed by the City for each calendar year, subject to modification by any applicable MOA_ Generally, the City observes. as holidays those days .proclaimed by the President of the United States, the Governor of the State of California, and/or the Mayor of the City of Rohnert Park lobe public holidays. Additionally, the City usually observes any day declared by the Governor to be a day of mourning or special observance for Slate employees. .2. Weekend. holidays. Generally, when a holiday falls on a Saturday, it shalt be observed on the preceding Friday_ When. a holiday falls on a Sunday,- it shall be observed on the following Monday_ If a holiday falls on an employee's regularly scheduled day off, the applicable memorandum of 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. If any outline of conditions of employment or memorandum of agreement conflicts with this subsection, the provision of the conditions of employment or memorandum of agreement will prevail. 3. Holiday pay_ Regular .full -time and regular part -time employees are entitled to receive time off with pay al 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 hotiday as the employee's last day of employment_ 4_ Required work on holiday_ An employee whose job performance is essential to maintain public services may be required to work.on a holiday_ in such cases, the applicable MOA will specify the pay and /or benefits received for the work performed on holidays. B_ Vacation - 1. Vacation policy_ All regular full -time and regular part-time employees are entitled to vacation time off work with pay_ Eligible regular part -time employees accrue vacation at the rate of 50% or 75% of the allotment established for full -time employees as determined by the number of hours the part -time employee is regularly scheduled to work_ Eligible employees will accrue vacation from the date -of -hire but may not take accrued vacation until the completion of six (6) months of continuous service. However, upon completion of six months of service, he /she will be eligible to request a scheduled vacation_ This vacation policy is subject to modification through an applicable MOA for represented employees_ 2. Vacation accrual_ Vacation accrues for regular full -time employees according to the following schedules established in the applicable .MOA's or Outline of Be Confidenfraf.1/niis_ nefits for the Management and 3- Use of vacation_ An employee's scheduled vacation must be a smallest amount of vacation time that may be used is pproved by hislher supervisor_ The hour (15 minutes). Art individual may have unused annual vacation le % ave carried over to the foltowing..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 lime_ 4- Vacation at termination_. Upon termination, an employee shall receive a lump sum accrued vacatio payment, for the balance of n hours_ Payment for unused vacation shall be made at the rate of pay,in effect for such errip[Gyees at the time of termination. When termination 1s caused by the death of the employee, pay for unused vacation shalt be paid to the same beneficiary the employee has designated for Life insurance benefits_ Beneficiary designation otherwise, shalt be in writing, signed 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: 5_ Holidays falling during vacation_ Wben a day designated and observed by the City as a holiday -.occurs a on day on which an employee is taking vacation such using vacation for that day_ The employee's co employee shall not be charged as he/she shall not.be paid or m , emppensation for that day shall. be holiday pay and charged for vacation_ This holiday policy is subject to modi an applicable MOA for represented employees_ fication through :ITY OF ROHNERT PARK 'ersonnel Rules and Regulations Page 9 of 39 CITY OF ROHNERT PARK Personnel Rules and Regulations 6. Illness during vacation_ If an employee becomes ill. or is injured white 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 shalt 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 - 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. 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 its /her illness or injury to his /her supervisor at the beginning of any sick leave period and daly 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 appoint rrients provided; however; that such leave time may be limited to four (4) hours in any one working day at the empfoyee 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 em pbyee exhausts his /her paid. sick leave, he /she may be entitled to addilionat unpaid leave under -the Family and Medical Leave policy_ e_ Any employee who is absent from work on sick Leave shalt not engage in work or other activities at anytime that would be in conflict with the inability 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 period_ Employees who are off work on an unpaid leave shall no longer accrue sick leave after ninety (90) calendavdays_ 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 dsabitity payments under the VNorkers'.Compensation Laws; may use accumulated sick leave in order to continue to maintain his /her regular income- Under such circumstances, the employee shall be paid (out of his or her sick leave balance) the difference between hislher full salary in proportion to the amount of his/her full salary paid by the City.during such period of disability _ CITY OF ROHNERT PARK Page 10 of 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personno Rules and Regulations D_ Bereavement Leave.- In the case of death within the immediate family of an employee, the employee shalt 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 mites one way)_ Immediate family in this case means: spouse, domestic partner, father, father -in -law, mother, mother -in -law, brother, .brother -in -taw, sister, sister -in -taw, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent -in -law, grandchildren and relationships in loco - parentis and close personal relationships, with the approval of the City Manager or his/her designee. The employee's .supervisor .may require proof of death of the person(s) for whom the e taking bereavement leave_ mployee is E_ 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 upcoming military duty at soon as he /she becomes aware of his /her obligation and provide a copy of his/her military orders- 3- Compensation_ .Employees on temporary military leave wilt be paid, their normal salary for the first thirty (30) calendar days white 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 ry normal sala and_the.total 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, Secretaryof:Defense, Secretary of Homeland Security or the Governor of Cafifornia_ In such cases, the. employee shall submit his /her military earning statement to the Finance Department; Payroll Office to assist in calculating the employee's salary_ !n no event will the employee be. compensated in excess of. his /her normal City salary_ All other military leave is unpaid except where necessary to_maintain exempt status under the Fair Labor Standards Act- Employees may elect to use any other accrued paid leave time (e.g. vacation) during unpaid military leave_ . Employees Will receive any merit and/or general salary increases for which they become eligible during military leave_ 4_ Benefits. a_ Health insurance_ . All health insurance benefits will remain in place white the empl "n. a Paid military leave.status as indicated in Section 3 above_ For employees oyee is in a non -pay status,. ati health insurance bene &ts wilt continue for a period of 12 workweeks on the same terms and conditions as if the employee were not on a leave of absence_ The 12 workweeks would be calculated based on the beginning of non -pay status_ Thereafter, the employee has the option to continue. .ffkgher.health plan benefits, at the employee's expense, for up to eighteen months. For empioyees:boih in paid and unpaid status, the benefits shall be pro in accordance with the City' applicable :agreements, outlines, rules, policies and procedures and all state and federal laws_ Such benefits may be subject to individual plan provisions_ b_. Pension plan benefits_ During any period of paid leave, the City will pay the employer and. enployee contributions to CatPERS_ Additionally, employees returning from Military leave. are. entitled to pension benefits that accrued during military service and to any CaIPERS cvntritititions. ITY OF ROHNERT PARK ersormet Rites and Regulations Paget 1 of 39 ;ITY OF ROHNERT PARK 'ersonnel Rules and Regulations that would have been made if the employee had not been absent due- to military leave- Military leave is not considered a break in service for purposes of pension benefits_ c_ Vacation benefits. Vacation benefits continue to accrue during paid military leave._ Employees returning from military leave are entitled to begin accruing vacation at the rate the employee would have attained if the employee had not taken military leave_ d. Seniority_ Employees returning from military leave are entitled to the 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 available, however, the employee is required to provide the information as soon as it is available_ Reinstatement will be denied only when legally permissible_ Federal law provides for the following reinstatement period_ a. For military leave of less than 31 days, the employee must report for reemployment at the beginning of the first regularly scheduled workday that would fall eight hours after he.or she returns home, unless reporting within such time frame is impossible and Bien the employee must report as soon as possible. b_ For military leave of more than 30 days but less than 141 days, the employee .must report for reemployment within 14 calendar days following' completion of service, unless reporting within such time frame is impossible and then the employee must report as.soon as possible_ c_ For military leave greater than 181 days, the .employee must apply for reemployment within 90 days of completion of the service-, Family And Medical Leave - Eligibility- Family and medical leave ( "FivlL"): shall be granted in accordance wiih:the 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 byahe City fora period of twelve months and have worked for at feast 1250 hours during the 12 -month period immediately. preceding the leave - FML may be granted for the following reasons: (1) the birth of a child to an employee or placement of a child with an employee in connection with the adoption or foster. care, -(2),to care-.for a child, parent, spouse or domestic partner who hasa serious health. condition,. or .(3) for the employee's own serious health coririition .that makes the employee either unableto work at all or unable to perform one or more of the essential functions of the position assigned. 2_ Amount of FML Eligible employees are entitled to FML totaling twelve.(12) weeks within a 12 -month period_ The 12 -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 .shatl. be .concurrent with any disability.leave associated with pregnancy, childbirth; or. related pregnancy conditions as provided in the City's Pregnancy. Disability Leave (PDt) Policy_ 3_ Intermittent leave_ When medically, necessary (as .certified by a health care provider), Leave may. be taken on an intermittent or reduced leave: schedule_ "Intermittent leave" is leave taken in separate blocks of time due to a single event, rather thah for.one continuous period of time,: and may. include periods .of not less than 114 of an _hour and up to several weeks_ The City may require an employee ATY OF ROHNERT PARK Page 12 of 39 'ersonnel Rules and Regulations Ci7Y-6F 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 the required work schedule than the employee's usual position. 4. Notice of leave_ An employee must provide at least thirty (30) days advance written notice of the need for FML whenever possible_ if thirty (30) days notice is not possible, the employee must give notice as soon as possible: If the employee fails to give thirty (30) days advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to Postpone the leave until at least thirty (30) days after the written notice was received_ 5_ Statement of health care provider_ When the leave is for a serious health condition, a healthcare provider must provide written: certification to support the request for leave_ The statement for an employee's serious health condition shall specify the commencement date of the event which prevents the employee from performing the functions of his /her position, the anticipated duration of the leave, and a statement that the employee is unable to perform the essential functions of his or her position_ The statement for the employee to attend to a family member shall 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 participation of the employee_ If the FML request is for the employee's own serious health condition, the City may require, at its expense; a second opinion from a health care provider designated by the City_ The health care provider designated by the City will not be one who is employed on a regular basis by the City_ !f the second opinion differs from the first opinion, the City may require, at its expense, that the employee. obtain a third opinion by a health care provider approved jointly by the City and the emplo The yee_ 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 lime_ An employee may use accrued sick leave when the FML is for the employee's. or the employees family member's serious health condition_ An employee may substitute accrued vacation leave, compensatory time off and /or paid administrative leave for any FML_ The substitution of paid leave time does not extend the 12 -week maximum leave time_ 7_ Insurance benefit premiums during FML_ An employee is eligible for the same insurance benefits and premium payments for. each benefit during FML as if the employee were not on leave, for a maximum of twelve (12) weeks_ An employee on unpaid leave beyond the twelve (12) weeks is no longer considered on FML and; therefore, if the employee wishes to continue health insurance coverage he' or she may do so at his or her expense, of the Gity's group rates_ The employee must arrange for payment of his/her premium contribution, in advance_ A lapse in insurance coverage will occur if a premium payment is more than 30 days late_ 8. Other benefits during FML_ During any portion of FML for which an employee substitutes othet paid leave benefits, the employee will continue to accrue paid leave benefits (i_e_, sick leave; vacation leave); seniority, and other benefits to the same extent that the employee would accrue those benefits if not on FML Employees on FIVIL 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 shall be eligible for reinstatement to the employees former position at the former rate of pay_ However, if the position ITYOF ROHNERT.PARK Page 13: of 39 ersonnel Rules and Regulations ;IYY 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 fails to report to work promptly at the end of FMC, 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 FML. 13. Definition of health care provider. A health care provider as used herein means a person holding either a physicians and surgeon's. certificate under applicable California law or an osteopathic physicians and surgeons certificate under applicable California law or any. other individual duty 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 ifs implementing regulations_ 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_ PDL will be allowed for the period of disability but not to exceed four (4) months (88 working days for:futf -time employees and pro-rata for part -time employees)_ PDL. may be taken on an intermittent or reduced hour basis when determined medically advisable by the employee's health care provider, e.g_, for morning sickness, prenatal. doctor's appointments_ The smallest increment of time that can be used for such leave is 114 of an hour_ The City may require an employee who is 'on a reduced schedule or intermittent leave to temporarily transfer to an alternative - position if the alternative positron better accommodates the required work schedule_ 3. Notice of PDL Whenever. an employee.rriust provide at -least thirty (30) days advance written notice. of the need for PDL` tf thirty (30) days notice is not possible, notice must be provided as soon as possible_ 4_ Transfer privileges_ Employees who are pregnant or have a pregnancy- related medical condition may request.a transfer. to a fens strenuous or hazardous position or to less strenuous - or hazardous duties, if, such a transfer is medically advisable and can be reasonably accommodated_ Where transfer are made based on the employees health needs, the employee will receive the pay specified for the alternate position and/or duties. 5. Statement by health care provider_ An employee requesting PDL shall provide the Human Resources Department with- certification from her health care provider stating the anticipated delivery date and'estimated dates and duration of the disability_ It 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 Rules and Regulations CITY "DF ROHNERT PARK Personnel Rules and Regulations A health care provider's statement must be submitted 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 medicaHY 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 if the employee requests an extension of time beyond that specified in the original statement. Any changes in the information contained in the health care provider's statement must be Promptly reported by the employee to the Human.Resources Department. 6- Use of accrued leave while on pregnancy disability leave: An employee may use any combination Of accrued paid, leave during the duration of PDL_ The substitution of paid leave does not extend the maximum length of a PDL 7. Insurance benefit premiums during PDL An employee will receive the same insurance benefits and premium payments during PDL as if the employee were not on leave, for a maximum of twelve (12) workweeks_ An employee on unpaid. PDL beyond this period may continue .health insurance or other benefit coverage at own her expense, at the C.ity's group rates_ The employee must arrange for payment of the premium contribution in advance_ A lapse. in insurance coverage wilt occur if a premium payment is more than 30 days fate. . 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 benefits to the same extent that the employee wou ld a if not on PDL_ Employees on PDL ccrue those benefits are not eligible for .holiday pay (i_e_'pay f benefits or holidays worked) for .holidays that fall during the PDL 9_ Reinstatement. An employee who takes PDL shall be eligible for reinstatement to her former position at her former rate of pay_ However, if the same position is no longer available due to business necessity, the City may instead offer a job that is comparable in. terms of pay and duties. If an employee fails to report to work promptly'at the end of PDL, the employee will be assumed to have abandoned her employment unless additional leave has been approved. 10_ Statement regarding return to work_ The City requires an employee returning. from PDL to .provide a statement from a health care provider that certifies the employee's fitness for duty, 11- Other work_ The City shaft 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 certificate under applicable California la, or an osteopathic Physician's and surgeon's certificate under applicable California law -or any other individual duty Licensed as a physician, surgeon, or osteopathic physician, or surgeon iii another. state or jurisdiction. who directly treats or supervises the treatment of serious heath conditions or an other meets the definition of others "capable of providing health care services" as set forth inthe federal Family and Medical Leave Act and its implemenfing regulations_ tTY OF ROHNERT PARK Page 15 of 39 �rsonnel Rules and Regulations ,ITY OF ROHNERT PARK 'ersonnel Rules and Regulations Work - Related iniury And Illness Leave - 1. Eligibility_ • All City. employees are covered by Workers' Compensation Insurance_ All regular employees are eligible for industrial sick leave as provided in the current applicable memorandum(sy of agreement. 2_ Reporting accidents and injuries. An employee who is injured or becomes ill in the course of employment must immediately report the incident to the employee's supervisor. The supervisor must provide an Employee's Claim. for Workers Compensation Benefits form to the injured lilt employee for completion as soon as possible,_ Within 24 hours of receipt from the employee, the supervisor must submit the completed supervisor's report of injury to the Human Resources Department: An employee who fails to promptly report a work- incurred injury or illness to his or her supervisor may be subject to discipline, .up to and including termination_ 3. Temporary disability benefits. An employee eligible for temporary disability payments under the Workers' Compensation Law. will receive the amount as provided by that law- 4- Salary continuation integration with accrued leave_ Employees receiving temporary disability payments under the Workers' Compensation Law may elect to use accrued paid leave benefits at the same time they are receiving temporary disability, but only up to an amount which, when combined with temporary disability payments, does not exceed one hundred (100 %) percent of the employee's normal salary_ Accrued leave hours shall be charged to the extent of wages paid by the City to the employee. 5_ Termination after work - related injury or illness_ Unless otherwise prohibited by law; an•einptoyee may be terminated after .the treating physician's finding that the employee's condition is" . permanent and stationary" and that the disability precludes the employee from doing the essential functions of the job- 6_ Anniversary date: A regular employee who is - absent from work- as the result of a work-incurred injury or illness shall retain His/her anniversary date. An employee who has not completed the. probationary period is ineligible for certitication.to regular status during leave for a work - related injury or illness and the date for completion of the probationary period will be extended to reflect the amount of time.absent on such leave_ Witness Duty - An employee who. is required to appear as a witness or to otherwise participate, on behalf of the City in any judicial or administrative proceeding shalt receive pay as though at work for time spent in the proceeding. The employee must remit any witness fees received to the Finance Department, Payroll Office. An employee subpoenaed to appear in a proceeding in which the City is not a party shall be grarated_:leave . . without pay during the time required for that appearance, except where necessary .to,. :maintain the. employees exempt status under the Fair Labor Standards Act_ The employee may use accrued vacation, administrative leave or compensatory time for this purpose_ Jury Duty All regular and probationary employees railed to .jury duty will be granted a paid leave. A copy of the jury surnmons must be given to the Human Resources Department. The employee shatl receive full pay for the time served on duty, provided the employee remits to the City all fees .as soon as received by the employee for such duties_ Compensation for mileage or subsistence allowances shall not be considered as a fee and shall be 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 necessary to maintain the employee's exempt status under the Fair Labor Standards Act. If an employee is required to report to jury duty within 2 hours of the scheduled start of the workday, the employee is not required to report to work at the start of the workday, but shalt. report an employee is released from .jury duty with more tha f h directly to jury duty_ it n one -halt of workday remaining the employee is required to report to work to complete the regularly scheduled workday_ 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 thefollowing purposes: a. School visit leave- An employee who is a parent, grandparent, or duly appointed guardian with custody of a child in .a licensed day care facility.or in kindergarten through 12'" grade will be a granted up lo .40 hours in 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 parenl, grandparent, or guardian of. a child may take time off to appear of a school in connection with the suspension of a child_ The employee may use accrued leave for school visits_ If accrued leave is exhausted, the Personnel Officer may allow the employee to work an alternative schedule to accommodate the leave or provide leave-without pay_ Written proof of the date and time of the visit signed by an appropriate school official may be required to be provided to the Personnel Officer on return to the job_ b- Voting leave, Any emp►oyee, if he or she does not, suffic to vote, may request up to two (2) hours (if ient time outside of working hours f accrued paid leave either at the beginning or end of scheduled working hours to enable the employee to vote_ }f the employee has no accrued paid leave, time off shall be granted without pay except. where nece to maintai under applicable state and federal wage and hour laws_ ssary p exemptions c_ Domestic violence leave. An employee who is the victim of domestic violence may take unpaid leave or use any available paid time off benefit' may ensure his/her heafth, safety or Welfare, of that of his/her child, by obtaining a temporary restraining_ order, a restraining order, or other court assistance_ Additionally, an employee :rnay take leave to seek medical or Psychological treatment; to obtain necessary social services; and /or to participate in safety .planning or take oilier actions: to increase safety_ The employee must such leave and shad provide. evidence satisfactory to the Personnel Officer of notice participation in ofne or more of the activities specified in the preceding Sentence-' The am ount of leave provided shalt be in accordance with Labor Code section 230_ is d- Crime victim assistance teave_ An errzployee who is the victim of crime, -the immediate Tamil member of a victim, a registered domestte partner of a.victim, or tl�e a Odd of a registered domestic partner of a victim may take an unpaid leave or any available paid.tirrie off benefits to attend judicial Proceedings related to that crime- e- Emergency duty and training leave. Volunteer firefighters and other erner take an unpaid leave or use accrued leave to gem! personnel may May take up to 14 days leave�� emergency doty_. Volunteer firefighters Per calendar year to engage in training_ The employee must Provide reasonable notice to the Personnel .Officer of the need for such:leave and shaft provide to The Personnel Officer satisfactory evidence .of Participation in the eriiergency duty or training- fy OF ROHNERT PARK rsonnel Rules and Regulations . Page 17 of 39 ;ITY 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 his /her discretion_ Health Insurance Benefits - Benefits. The City provides group medical, dental, and vision insurance to eligible employees arid. 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 shall begin the first of the month following the first day of employment or, on the date -of -hire it it occurs on the first of the month_ 3_ Health insurance waived by certain employees_ The City provides eligible employees alternative medical benefits when the employee has coverage from another source and the employee waives benefits under the City's plan_ These alternative benefits are described in Resolution No. 96 --203_ 4_ C_O_R_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 from the Human Resources Department. M_ . Miscellaneous Employee.Benefits - I- Disability wage plan The City provides a disability wage plan to regular .full time and part-time employees_ Benefits and condittions of the plan are more specifically described within the. City's Disability Wage Plan document available upon request from the Human Resources Department- 2- Lorig term disability insurance_ City provides long -term disability insurance to regular full -Gate .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 MOA or applicable resolution out {'ruing 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 employed is -receiving benefits from other sources, the total amount .of compensation+ received by the employee, including LTD benefits, shall not exceed one hundred percent (100%) of the employees normal monthly income_ 3_ Catastrophic leave program_ The catastrophicleave 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 aft regular full -time and all regular, 12- rno6fh part -time employees, legal dependents, and domestic partners (per AB 205 effective January 1, 2005) an employee assistance program. The program provides access to professional counselors and therapists to assist employees in resolving stress resulting from personal issues, substance abuse, grief or work - related issues_ Any information provided to a counsefor 'or CITY OF ROHNERT PARK Page 18 of 39 Personnel Rules and Regulations CITY-OF RO-iNERT PARK Personnel Rules and Regulations therapist is confidential- No information is provided to the City regarding an eligible member's use of, the EAP_ To make an appointment with a counselor call Cigna Behavioral Health at (888) 371 -1125. For more information, contact the Human Resources Department. 5. Health Care Tax -free dollar account _program_ This program allows Permanent full-time or part -time employees to set aside a, maximum of $3;000 per calendar year of per er more tax wages top medical Premiums; co-paynrents, 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 program allows eligible full -time or part -time employees to set aside a maximum of $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 taw_ 7_ Deferred income program. The City participates in a deferred income program now "being administered by National Deferred and ICMA_ This program allows eligible full -time or part -time employees to set aside a maximum of $13,000 per calendar year ($14,000 in 2005, $15,000 in 2006) . of before tax .wages for post- retirement income. as authorized by the 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_ Betow.is an explanation of the City's Hepatitis B Program_ Employees who may have to perform .first aid as a regularjob duty or are in positions which might expose them: it) bodJy fluids need to be offered the Hepatitis B Immunization Program per the City's Blood -borne Pathogens Program_ These job classifications are Public Safety Officer P -S_ Sgt- . P_S_ Lt_ P_S_ Division Commander Director of Public Safety Community Services Officer Evidence Technician Property Specialist Vol_ Auxiliary Firefighter .Reserve Officer Seasonal: Maimenance.Assistanl Maintenance Ftetper Maintenance -Worker .l Maintenance Worker ti Public Works Services Supervisor Recreation .Supervisor At the time of the pre - employment physical, the candidate has a blood test that lets the City know r€ they have the Hepatitis B antibody_ At the employment orientation, Human Resources. Department provides the new employee (if they are in one of the jobs classes listed above) intorrrtation bn'what Hepatitis B is and a "check -off form, which indicates whether or not they wish the 3 -stint immunization program_ Human Resources (HR) logs in the employee's response in its safety records_ ETY OF ROHNERT PARK = rsonnel Rules and Regulations Page 19 of 3g " -ITY OF ROH14ERT PARK 'ersonnel Rules and Regulations Employees who wish the 3 -shot Hep_ B series go get their shots;_Wotm 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 riniss an appt_ for a shot as they might have to repeat the series_ There are specific timeframes for each shot. If an exposure incident occurs at work, under workers compensation, the City has the employee tested and if necessary they are given a Hep_ B booster shot for additional protection_ SECTION 4 - IN -HOUSE RECRUITMENT A. Transfer -if an employee is qualified, the Personnel Officer may approve the transfer of an employee from one position in the City to another position in the same class or to another. position in a different. class with the same maximum salary_ t- Types of transfers a_ Voluntary request for transfer initiated by department.supervisor.andlor employee_ b. Involuntary transfer initiated by the Personnel Officer to belles sense the needs of the City. c_ Transfers for disciplinary reasons are subject to the provisions of Section 8_ d. The Personnel Officer may transfer an employee to a class with a lower maximum, salary. with the consent of the employee, provided the employee possesses ,the; desirable. qualifications for the position to which he /she reassigned_ 2_ Process for transfers_ Transfer process and approval is made as follows: a: At least two weeks prior to the transfer, a notice, will be sent to the affected employee(s) and bargaining unit(s) stating the nature of the transfer and an explanation as to why the transfer is necessary_ b_ The employee has a right to respond in writing within live (5) workdays from date of notice.. c_ The employee has a right, through their bargaining unit, to file a grievance within the frne fimits established in the grievance procedure- B_ Promotion — t_ 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_ intemallexternat .recruitment_ In filling vacancies for positions above entry-level, consideration will - first be given to existing City employees_ However,. the Personnel Officer may recruit from outside when the Personnel Officer determines that .appropriotely qualdied City employees are not available to fill the vacancy_ .The.Ci!ty reserves the right-to conductan. open recruitment process to. tilt a vacancy in a higher4evel position or .ta .fill the vacancy by advancement of a qualified employee that currently occupies a lower -level 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 . equest a list of. names of persons in City- employ who qualify for promotion to the vacant position for consideration from the Human Resources Department_ 4_ Determining pay for promoted employees. Refer to Section 2 - Pay Plans and Compensation, Part B, Section 3_ Trainee Program - In an effort to provide upward mobility opportunities for current City employees and to Provide employment opportunities to the general public, the Personnel Officer can add the Word Trainee to any classification, within the financial ability of the City, except those represented by a bargaining unit, employed by the City and to recruit and select individuals to fill positions as deemed appropriate- I- The training program provides an opportunity for a current employee to gain additional skills by.- a. additional experience in a different classification b. additional schooling; c_ Completion of an appropriate examination; d_ obtaining a State certificate or license in a specific classification_ 2. Recruitment for these positions may be promotional or open as deemed appropriate by the Personnel Officer and the initial salary would be up to thirly percent (30 %) below the beginning of the established salary range. 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 position must be attained. prior to transition_ Transition may occur, upon recommendation of the Supervisor and approval of the Personnel Officer. Apprenticeship Program -The City may establish an apprenticeship program in partnership with a focal school district, Sonoma State "University, Santa Rosa Junior College, or an accredited trade school_ This Program would be conducted in cooperation with the applicable bargaining units_ Probationary Period_ The probationary periods set forth in Section 5 also apply to all placements resulting from the in -house recruitment process_ SECTION 5 - RECRUITMENT PROCESS Announcement of Vacancies - Notices of employment opportunities in the City win be first announced in house, via electronic. mail, allowing current employees the opportunity to apply for the , position_ The announcement .will also be posted iii the City offices and publicized in any other ways necessary to attract the best qualified candidates- I. Open recruitment_ The Per Officer has the discretion to begin open recruitment outside of. City employ when he /she knows that the City does not have employees with the required knowledge or skills_ 2_ Notices_ Such notices htSt the classes in which vacancies are anticipated, specify the class tile, salary. range; fringe benefits, the: nature of work performed and the qualiiicalions .required for employment. the class, -tell when and .where to `file a P yment in testing, , scori applications for employment, - and give information about the 9 scoring and selection procedure to be used. ITY OF ROHNER! PARK Page 21 of 39 srsonnel Rules and Regulations ITY OF ROHNERT PARK . arsonoel Rules and Regulations Applications -- Every applicant responding to a City recruitment shalt file: an official City application form. Applications shall be available in the ' City's, Human Resources office_ Applications and. supporting documentation filed with the City are the properly of the City Any information on the application will not be made public. 1. Application form. The form by which a person applies for a position with the city is prescribed by the Personnel Officer and requires information about the. applicant's training, experience, qualifications and any additional information the Personnel Officer deems pertinent to an evaluation of the applicant's fitness for a position- 2. Deadline for filing applications- Applications 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. I Rejection of applications. The Personnel. Officer may disapprove an application, disqualify an applicant in an examination, refuse to place a ame on an eligibility list for any of the reasons liisted: a. lacks any of the requirements established for the examination or position for which application has been made; b_ excessively uses narcotics and /or intoxicating liquors to the extent that they are unable to perform the essential functions of the position; c_ an employee that is not physically and/or mentally able to perform the essential-functions of the job, with or without reasonable accommodation; d. has made any -false statement:or omission of any significant fact, or has practiced or attempted to practice deception or fraud in the' application in declarations, or in securing ergiblity or appointment; e. has directly or indirectly obtained information regarding the content of an examination to which an applicant is not entitled; i. previously been dismissed for cause from any public or private employrirrent or resigned to avad such dismissal; g- has failed to submit a complete and /or signed application within the specific time limits; h- has failed to reply within five . {5) working days from the date mating; to communications concerning availability for employment; i_ has made himself /herself unavailable 'for. employment by requesting" that :his/her name be withheld from consideration_ j. for any material cause which; in. the judgment of the Personnel Officer, would .render -the applicant unfit for the particular position, including a prior resignation from City services accepted with prejudice_ 4- Criminal convictions_ .Convictions (including pleas of guilty and not coniendere) may disqualify an applicant from employment .by the City Criminal Convictions do not necessarily disqualify individuals from employment with the City. In detetmirning whether 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,. -ITY OF ROHNERT PARK Page 22 of 39 'ersonnef Rules and Regulations CiTY OF ROHNERT 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 at the time of conduct, e_ circumstances surrounding the conduct, f- contributing social or environmental conditions, and g_ the presence or absence of rehabilitation or efforts at rehabilitation. 5. Employment of relatives. A position within the City will -nof be filled.. by an individual, where that individual would be subject to supervision, evaluation, dis cipline,. 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'h his/her East known address, of the action taken. An applicant has the right to respond orally or in writing within five (5) working days fro the date of mailing to the Personnel Officer, with no further right -to appeal_ nt Selection Procedure. - The method used to select employees shall be) . mpartial and shalt relate to those subjects which €aily measure the abilities to execute the duties and. responsibilities of the classification in which the vacancy exists_ Selection procedures co of one or more of the methods { "rated below_ The same method shall be applied equally in a single examination_ 1_. Application_ Information the applicant, supplies on the Cit}js application foam, and any attachments thereto will be reviewed under the supervision of itie Human Resources Assislant or his/her designee and the applicable department supervisor_ The same criteria. and `point system is utilized for all applicants for the same position - 2_ Examinations_ The selection techniques used in the ex at process will be impartia[; practical; and related to those subjects which fairfy measure the relative capabilities of the applicant examined to execute the duties and responsibilities of the class, to which they.seek to be appointed_ Exarnirta..tion - - -- - - - may consist of, but are not.limit c to; such tech performance niques:as Written ests,:.Personal interviews; skills and Tests; assessment centers, review of. performance evaluations, evaluation of daily. worts_ Performance, evaluation of work samples_ 3_ Documentary evidence_ Applicants for positions .are required to ' provide documentary evidence of education; training, or experience_ The City reserves the right tote Yest the skill level of .any'appticant: 4_ Scoring and rating_ The Personnel Officer will establish the retaMre weights of: examination and other components of a position_ The basis of :tfie ftnat score will be inclucJed in the job announcement_ Scoring and rating systems may be numerical or non- rumerical as determined by the Personnel Officer_ a_ Appointment preference on open/promotional recruitments will be extended to any regular City employee_ Regular city employees will be granted the following- Sebring preference: i% for .each year of service, with `a maximum preference 6f'10%.. Depends on the scoring established for the classification recruitment, the preference may. be .expressed as an additional addi5onal points_ See example below for detailed explanation, percentage or ITY OF ROHNERT PARK 'ersonnet Rules and Regulations Page 23 of 39 . ITY OF ROHNERT PARK ersonnel Rules and Regulations PERCENTAGE EVALUATION .(sample Employee's Total Score = 80% Years of City Service as a Regular Employee = 10 (calculates to an additional 10 %) Employee's Adjusted Total Score = 80% + 10% = 90 %' POINT EVALUATION (sample) Employee's Total Points = 175 out of a possible 200 Years of City Service as a Regular Employee = 10 (calculates to an additional 20 points 1200 x 10% = 20] Employee's Adjusted Total Score = 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_ Iri.such a case, the employee shat( 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 - Interview boards—The Personnel Officer will.assemble and appoint interview boards_ These boards may be comprised of ,private citizens'. experts in' the field; members of another agency, City officers, City employees, - and/or bargaining.unit representatives_ 2_ Interviewers. remarks_ Interviewers mark on forrms..providedlhe _degree to which, :in their .judgment; each candidate possesses. the - desired qualifications_ The interviewer's remarks will be translated into' a numerical score. Scoring sheet and interviewers "remarks are confidential_ Eligibility Lists - After each selection procedure has been completed, the Personnel Officer or his/her designee will prepare an eligibility list containing the names of applicants who qualify for appointment to Positions in a particular class_ 1 _ Ranking; Place the names of Md. qualified applicants (7efrgibles ") on ttie eligibility list in the order of their final ranking; as determined by the selection: process, with the highest" rated eligible at the top of the list- If more than one person has the same score, the names will be placed in alphabetical order_ 2- Duration. of list_ The eligibility fist remains in effect for a period of-six (6) months, unless the . Personnel Officee extends this period, for;a.period not to exceed (1} year. The Personnel Officer can reduce the period if Ehe list contains less than 5 names_ In the.event of early cancellation of an eligible list, the `Personnel Offcec will riotrfy .each person,- whose. name appears on such fist to this. effect via mad to His/her last known address. This_riotice is to include an explanation as to why the time frame has been changed_ 3_ Removal from list_ An applicant may be removed from a given eligibility list by the Personnel Officer for any of the following reasons= a_ appointment- to the classification for which the eligible list was original[ y established; 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; :ITY OF ROHNERT PARK Page 24 of 39 lersonnel Rules and Regulations C111Y OF ROHNERT PARK Personne! 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 a provisions of Section 5.13:4. pplicant has violated one or more of the 4. Vacancies_ When a vacancy occurs in a class 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 List to the Supervisor for considerat -on . Appointment Process - All appointments to positron vacancies .vvill be made in accordance with these rules and regulations_ The power lo.appoint and disri{iss City employees is vested in the City Manager (Personnel Officer). 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 may make a provisional ,appointment to a position it there is no eligibility fist for the class and tithe needs. of the .service regal.- that the position be filled before a selection process . can be completed. A provisional appointee must: i. Meet the requirements of training and experience established for t he position; Not continue for more than thirty (30) days in the provisoonal appoinfrrtent after an eligibility list for the position has been estaiilrshed:unless:There are rio el►gibtes, on such eligibility list who are available for or who wish- to be considered . for appoiriiment to the position; The Supervisor may. submit a written request and justification to the Personnel Officer to extend the provisional appointment in six (0) month7 iricrem' ents_ into more than two (2) extensions may be granted for: each pcovisiona{ appointment_ b_ Emergency_ in an emergency which threatens life; property, or tt operation of necessary municipal services, the Personnel. Officer may employ a a art individual not on the eli gibility list for not more than thirty (30) calendar days_ 3_ Pay_ Anew appointee shall receive the minimum Salary .for the. class to. which the position is allocated, except that_ i_ In cases of extreme difficulty in filling. a position = the Personnee! Officer may approve appointment at a salary above itie minimum -A In such cases -81 in W. ernployees,in the class to which the appointment:is made shall.be placed on'.at ,feasi the same step of the salary range as the.new appointee, or ii_ In hiring exceptionally qualified personnel, the Personn_ et C}[i_ leer may approve appointments at a salary above the minimum for the class_ Conditional Offer of Ernployment - An offer of ern oyment is eoritiragent ulxxi.the cesuits of the following- 1. Reference checks_ Prior to conducting reference inquines.a sign a release allowing the City to acquire information about the a peciive from for e will be yeuired'to pplicant frorrrformer employers. !TY OF ROHNERT PARK Page 25 of 39 ersonnel Rules and Regulations ;ITY OF RO"NERT PARK 'ersonnel Rules and Regulations 2. Medical examination, Appricants who have been.offered a regular position with the City are required to participate in .a pre - employment physical_ Each job classi€iication has specific physical standards and are reasonably related to job 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_ Fingerprints and criminal background check_ All persons employed by the City will be fingerprinted and .law enforcement records checked for past criminal convictions. Information thus obtained will be confidential_ Employment of, and continuation of service of employees with a criminal conviction must have the approval of the Personnel Officer as stated in Section 5.134 Probation Period - The purpose of probation is to permit the employer to observe the employee on the job and to evaluate performance. Probation is part of the promotional, training, testing and selection process_ The probation period begins on the date of appointment_ It is the responsibility of the supervisor to communicate with the employee in regards to his/her progress_ 1. Duration of period. The probationary period is not less than twelve (12) months for miscellaneous employees, not less than eighteen (18) months for dispatchers, not less than eighteen (18) months for sworn Public. Safety . employees, and not less than twenty -four (24) months for Management employees. Employees who receive promotional appointments must serve another probationary period of at least six (6) months for non- supervisory employees and twelve (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 nays during the probationary period, the. City may extend the probationary period an amount -of tune equal to the days missed if necessary in order to properly evaluate an employee_ 3_ Extension of probation period- All efforts will be made to'suffrciently evaluate the probationary employee during ..the assigned period. An extension of the probationary period may, however, be recorrimended by the supervisor and /or Personnel Officer when cause exists_ If additional lime is needed to evaluate the employee, the supervisor or Personnel Officer can extend the probationary period for an additional period not to exceed three (3) months_ a_ Extension of probationary period will be based on the 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 . any time for any reason by the Personnel Officer_ Employees who are dismissed during their probatiogary period have no right to hearing or appeal. Notification of rejection must be served to the probationary employed in writing_ 5_ Promoted employees_ A promoted employee who does not successfully complete the probationary period will be reinstated to his or her former position or to a comparable position. if, however, the employee is discharged for cause, the employee has no right to reinstatement- 67 An employee. who successfully completes a probation, period achieves regular status in his/her. class and is known as a regular employee_ CITY Or ROHNERT PARK Page 26 of 39 Personnel Rules and Regulations CITY OF ROHNERT PARK Personnel. Rules and Regulations SECTiON 6 - SEPARATION AND REINSTATEMENT 4n employee may be separated from employment by resignation, dis missal,. 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 of Section 8. Other separation procedures and reinstatement procedures are set forth below. 4_ Separation and /or Resictnation An employee wishing to resign is required 16 notify his /her supervisor in writing at least. two weeks .prior to. their intended leave from City employment- A copy of the written resignation will be given to the Personnel Officer and then placed in the. employee's personnel file_ 1. An employee who has resigned in writing may withdraw his /her resignation prior to the final date stated on the letter of resignation_ The withdrawal fetter will also be placed in'his/herpersonnel file. 2- An employee who leaves employment without so filing a written resignation and giving two (2) weeks notice, as required above, will have this fact noted in his /her file and maybe denied future employment by the City. Reinstatement - Upon application of a farmer regular employee, who has properly resigned, the Personnel Officer may, at his/herr sole discretion, approve reinstatement of the former employee as 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 within the six (61 month period will be granted the full benefits they were receiving at time of separation . as if there was no break in service_. 2. An employee separated from the City's employ for over six : {6} rrionths; who is reinstated shalt be treated as a new employee_ 3- The City will reinstate into'the position from which he/she has been promoted any employee who fails during a promotion. to which he/she has been promoted_ 4- Any employee who resigns without. proper notice or resigns during an investigation or disciplinary action will not be eligible for reinstatement_ S- An employee who is granted an authorized leave to which "he or'she is entitled under a federal, state or local taw requiring reinstatement -shall be reinstated to his /her for­ M er .position as provided by law- Layoff - Whenever it becomes necessary to reduce the number of employees due to tack of work, economic considerations, changes in mission, technological changes, or as determined by the Personnel Officer based on other factors :or when :.a positron m. the classified services .is to ,be temporarily or permanently, abolished, the Personnel Officer wifl not the Hurran Resources Departrrient. the number of employees to be . :laid off or the names and number of positions to be abofisJied_. The. purpose .of the procedures set forth below is to establish�equitfiblesta6dards to`regufate suet layoffs The.Cit)`s:decision to reduce its workforce is a management right, thus no due process or ievance gr procedures apply, and the decision is not subject to "meet and confer" requirements_ These procedures apply only to regular employees (full or parttime) and probationary erriptoyees (initial or prorr►otiorial /t�an5fer). 1. Identification. The Personnel .Officer'on .the basis of the administrative needs of the City determines the departments and positions subject to. layoff_ 2- Order of layoff_ :lTY OF ROHNERT PARK Page 27 of 39 'ersonnel Rules and Regulations CITY 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 off first, followed by employees in a. promotional or transfer probationary period_ b_ The order of layoff =for regular employees within a department will be determined by considering business necessity, each employee's job performance and competence, and seniority_ i_ "Seniority" for purposes of this Section shall be determined by adding together all time spent in City service, in whatever capacity, expressed in terms of years, months, and days_ The .seniority calculation shalt not include disciplinary time off without pay or time spent on unpaid leave (unless federal or state law requires it to be included in the seniority calculation)_ ii_ Once seniority determinations have been made, layoffs are made in reverse seniority order (i.e_ the most junior employees are laid off first). Iii- Ties ..in seniority shall be resolved by the Personnel Officer, taking into account the past performance, disciplinary actions (if any), supervisor recommendations, and such other facts as.will result in the City retaining the most qualified and efficient employees. 3. Notice_ Employees shall be given at feast ten (10) business days' written notice prior to the effective date of the pending layoff. A copy of the notice shall be retained in the employees personnel tile_ 4_ Exclusions_ In certain instances, there may exceptions made in the order of layoff outlined above. These exclusions. would be made when a. specialty position when qualifications for the position could not be easily obtained through a short, orientation or familiarization period: b_ transfer in lieu of layoff. Within the affected department or departments, a regular emptoyee.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 uofuritary reduction by taking early retirement and /or "golden hand shake "_ 5. Retreat rights /voluntary demotion 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 tie laid off has the right to retreat to another position in the .same- classifieation:series. or: to any position the employee .has previously held and for which the employee. is qualified-that :� occupied by an .employee of lesser seniority_ The result is that the more sera -or employee "bumps" the junior employee, who then is entitled to the retreat/derriotiori rights set forth herein_. c_ An employee who would. otherwise be laid off may request to be temporarily demoted to any vacant position for which the employee is qualified_ d:. An employee who wishes to exercise any of the rights set forth in this subsection 5 must so notify the Personnel Officer in writing within We (5) business days of receiving the notification of pending layoff_ CITY OF ROHNERT PARK Page 28 of 39 Personnel Rules and Regulations CITY -E)F ROHNERT. PARK Personnel Rules and Regulations e. An employee who retreats or is demoted to a position as provided herein must serve the probationary period applicable to the new position unless the employee previously completed the probationary period in that position. 6. Reinstatement lists_ The names of regular employees who have been laid off, including those who .have accepted a demotion or retreated to another position are to be placed on a layoff reinstatement list by seniority within the classification from which the employees were laid off_ An employee's name remains on this list for.a.period.of one (9) year from date of layoff; an employee's name may be removed for any of the following reasons: a_ Reappointment. of the. employee to his /her former classification b_ Notification from employee that he /she is no.longer interested in returning to the City- c_ Inability to contact the employee by mail or phone at the employee's last known address in the employee's official personnel file- d- Rejection, by the employee of an offer of employment within the same job classification. Failure to respond within five (5) business days of the offer shall be deemed a rejection. 7. Offer of reinstatement_ If the position previously held by a laid off employee becomes vacant, or if another position within the same classification series becomes vacant, then the employee with the most seniority-on applicable reinstatement list shall be offered the vacant position_ 8. Restoration of benefits upon reinstatement_ When an employee is reinstated to employment after layoff, all tits .or. 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 shall be restored_ tf an employee is reinstated to a position in which he or she was serving a probationary period at the t�rrie.of Payoff, all time on probation previously. completed. prior .to layoff shall be counted toward determining.when the. probationary period ends_ SECTION,,: - INCOMPATIBLE ACTIVITY /CONFLICTS OF IN incoriipatible Activity - Certain activities are in with ethical, effective employment with the City AN City. employees are prohibited from= 1 _ Participating in improper political activity prohibited by the federal Hatch Act or pertinent provisions of State Law including the California Government Code; 2. Using for private gain or advantage the influence of a City position or the" facilities, equipment and supplies of the City, 3_ Soliciting any favors or .gifts from persons, concerns or corporations who have, or seek to have business contacts with the City, ; 4_ 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 guidefines 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 job in an efficient and .capable manner, is illegal pursuant to state.or federal law, or which might ITY OF R.OHNERT PARK Page 29 of 39 BfSonnel Rules and Regulations :ITY OF ROHNERT PARK 'ersonnet Rules and Regulations result in a conflict of interest between the employee's private interests and his /her official duties and responsibilities. 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 employment that could conflict with the best interests of the City or interfere with the employee's ability to perform his or her City position_ Examples of such prohibited outside employment- include, but are not limited to: jobs /business conducted during the employee's work hours with the City; 2- jobs/business that prevent the employee from being available for necessary overtime or emergency work period outside his or her normal working hours when such overtime or emergency duty is a regular part of his or her job; business conducted using City facilities, resources or equipment (including telephones, computers, supplies, etc_) SECTION 8 - DISCIPLINARY ACTION City employees are expected to meet certain standards of job performance, interpersonal interaction, and conduct_ The City may discipline any employee whose conduct or performance fails to meet reasonable City standards, i_e_ for cause_ Discipline may be imposed for a single incident or for a pattern of conduct. The specific discipline .imposed is intended to focus.the attention of the employee on the performance or conduct problem and,; except in cases of discharge, to encourage changes in behavior_ Disciplinary actions include but are not limited to: counseling, or reprimand, written reprimand; reduction in pay, suspension without pay, reassignment, demotion, and discharge_ Although the City'generatly applies the concept of "progressive discipline," discipline may include any one or any combination of actions, and the actions need not necessarily be applied in a defined order_ Instead, the discipline imposed will be determined according to the severity of the infraction(s), regardless of whether prior-, discipline:has'been imposed: Only regular employees who have successfully completed their probationary period have the right 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 maybe disciplined for "good cause "_ Goad cause Js defined as reasons including, but not limited to, the following: 1 _ Fraud in securing employment-, 2_ Incompetence or inefficiency; 3_ 1 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 CiTYOF ROHNERT PARK PersonnO Rules and Regulations & 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 harassment, discrimination or other unlawful activities; 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- 17_ Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have, business contacts with the City in excess of the Conflict of Interest guidelines established in the Rohnert•Park Municipal Code Chapter 2.60; 18_ Failure to" observe safety regulations and practices, including the use of assigned personal equipment; 19.. Discourteous, unprofessional or abusive treatment of the public or other employees; 20- Use of abusive language; 21- Actual or threatened physical violence; 22 Conviction (including. by plea of guilty or polo contendere) of a felony or any crime involving "moral turpitude 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 - Minor Disciptirie_ - All supervisors are authorized to implement minor disciplinary measures- disc Minor iplinary actions are nof.sObject to appeal_ Examples of minor discipline" include the following: 1. Drat rePriMand- Amoral "admonition to an "employee whose conduct or performance' must be improved..and wh" details the areas for improvement, the degree of improvement required, and a notice that failure. to improve'could" result in more serious disciplinary action_ Oral reprimands are noted by the supervisor," but are not documented in the employee's personnel file_ Q Documented counselirig_ A written memorandum showing that the supervisor has met with the employee to discuss a specific problems} or deficiency and which sets forth the recommendations given to the employee to address. the problem(s) or deficiency in order to improve performance_ Although a copy may be sent to the employee's personnel file, documented counseling memoranda are. typically maintained in the "supervisor's file until they are included by notation in the employees formal .perf6rmance..evatuati0ns_ :IV OF ROHWRT PARK Iersonnel Rules and Regulations Page 31 of 39 :1TY OF ROHNERT PARK ?ersonnel Rules and Regulations 3_ Written reprimand. A format written notice to.an employee stating the speck 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 .shall be given a copy of it_ Written reprimands .are not subject to appeal, although an employee has three (3) working days. following the date of a reprimand to submit his or her own rebuttal comments, which shaft 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 im.positron of major discipline must foiloW the procedures set forth below. 1 _ Notice_ A written Notice. of Intent to Discipline.( "Notice of Intent ") shalt be prepared by the Department Head in consultation with the Human Resources Department_ The Notice of Intent shall state: a_ The specific type of disciplinary action proposed; b_ The effective dale of the action; c_ The specific reason(s) or cause(s) for the actions; d_ A copy of all written materials upon which the .action is based, arid.. e: Notice that, prior to the imposition of the major discipline, the employee_ has the right to respond orally or in writing at an informal hearing to explain why the. employee believes the proposed CITY OF ROHNERT PARK Page 32 of 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Rules and Regulations major discipline should not be imposed. A request for such a hearing must be submitted in writing within ten (10) working days of receipt of the Notice of Intent - 2 Informal hearing (i.-e- Skelly. hearing)_ At the employee's request, an informal hearing wit! beheld prior t the imposition of major. discipline. This hearing is not an evidentiary hearing, but rather an opportunity for the. to present information as to why the proposed major discipline should not be imposed: Except by stipulation of the City and the employee, the hearing shalt take place within ten working (10).days of the employees request for hearing; and it may be rescheduled only once at the employee's request- The following parameters "apply to the informal hearing. a_ The hearing shall be conducted by a responsible person designated by the Personnel Officer_ b. The hearing shall include The employee, the employee's chosen representatives) - (reasonable number d ), an 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 the tape recording or transcript shall be provided to the employee upon request_ d. At the hearing, the employee shall be given an opportunity, either orally or in writing, or both, to bring forward facts or circumstances which may cause the charges . to be revised or dismissed_ if the employees information is presented by his or her representative, all statements. made by the representative shalt be attributed to the employee as if made by him or her personally, and it is the employee's obligation to correct any misstatement(s) by the representative_ e_ Following the hearing, the hearing officer will make a written recommendation to the Department Head who issued the Notice of Intent as to whether the proposed discipline should be imposed, modified, reduced or dismissed. 3: Notice of discipline_ Following the informal hearing, if requested, the same Department. Head who issued the Notice of Intent shall consider the hearing officer's recommendation to determine hove to proceed_ If he or she decides to dismiss the proposed. discipline, written notice of the dismissal shall be. Provided to the employee as soon as practicable. tf the decision is to impose discipline either as proposed or ..in some modified or reduced form, a written Notice of Discipline shall be prepared- The Notice of Discipline shalt state_ a- The specific type of disciplinary action that will be imposed- b_ ..The spec reason(s) or causes) for the actions, setting forth specific facts that form the basis for the decision; c. The effective date.of the action- and The applicable appeal rights available to the employee pursuant to these Personnel Rules- Disciplinary action becomes effective on .the date stated in the Notice of Disciplinary Action, notwithstanding an employee's timely request for an evidentiary hearing before the Personnel Officer. Appeal from Major Discipline - Any.. employee on whom major. discipline has been imposed shall be entitled to an appeal hearing. as set forth below_ 1_ Timing. .An employee wishing to exercise the appeal .rights provided in this Section must deliver a written. Notice of Appeal to the Personnel Officer within ten (10) working days after the date of the Notice ©f Discipline- . lTY OF R614MERT PARK Page 33 of 39 ersonnel Rules and Regulations aTY Of ROHNERT PARK 'ersonnel Rules and Regulations 2- Employee representation- Employees may represent themselves or be represented by I egalcounsel or representative(s) of the employee's recognized employee organization_ 3. Evidentiary healing: 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 shall be deemed a withdrawal of the appeal and a waiver of any further right of administrative appeal. b_ The hearing shall be stenographically recorded_ Any and all witnesses other than the City's representative shalt be excluded from the proceeding until called to lestify, except as mutually agreed to by the employee and the City's representative_ d. Order of hearing shalt be_ The City's representative, followed by the employee, may make preliminary opening statements_ ii_ The. Citys representative. may present oral or, documentary evidence,. or both, in support of the ity's position-, the employee may cross- examine all witnesses called by the City_ iii. The employee .may present oral or . docurentary evidence, or both, in support of the employee's position; the City's representative may cross= examine all witnesses catled,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 be admitted. if it is the sort of evidence on which responsible persons are accustomed to relying in the conduct of serious affairs_ Oral evidence shall be taken ontyupon oath of affrrination_ Hearsay evidence may be used for various purposes; however, hearsay standing alone 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 -employees' rights to. privacy and confidentiality of their personal - informatiion_ The hearing officer (with advice - of appointed counsel, if necessary). shalt rote on any objections made to the admissibility of evidence or otherwise. relating to the conduct of the hearing_ f_ Following the conclusion of. the hearing, the hearing officer shall prepare written findings and recommendations and provide them to-the City Manager, The hearing officer may recommend changes to the proposed discipline_ However, if the hearing officer finds that .the underlying facts giving rise to the charge(s) are proved by a preponderance of the. evidence, the hearing officer: may not recommend a reduction in discipline if reasonable minds- could differ as ' to the, proper level of discipline_ . If the hearing officer recommends a. reduction in discipline,. he or she must make a specific finding. that reasonable minds could not differ - as to the appropriate .!eve! of discipline and set forth the facts upon which he or she based such finding_ If.the hearing officer finds that none of the charges are supported by the evidence presented, the recommendation shalt be that no disciplinary action be- taken_ . CITY OF ROHNERT PARK Page 34 of 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Rules and Regulations City Manager's Determination. The hearing officer's findings and recommendations shaft be forwarded to the City Manager for his or her ; review_ The City Manager will follow the recommendations of the hearing officer unless .he or she can show cause that the hearing officer abused his or her discretion. a. The City Manager shall review the entire record. (including _the Notice of intent, the record of Skelly proceedings, the Skelly officer's written recommendation, _ the Notice of Discipline; the evidence and record at the evidentiary hearing, and the _appeal hearing officer's written findings and recommendations)_ b.. The City Manager shall issue a decision imposing the disciplinary action he or she deems appropriate and in the best interests of the City_ c_ The City Manager's decision shaft be in writing and shall be final. It shall include a copy of the appeal, hearing officer's findings and. recommendations and shall be filed as a permanent record in the employee's personnel file. d. Notice of the City Managers decision, along with a copy of both fhe,.:City Manager's decision and the appeal hearing officer's findings and recommendations, shalt be served on the employee by personal service or by registered or certified mail_ The notice shall also include a statement of the employee's right to seek 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 Safety Supervisor (LT), Public Safety Division Commander, and Director of Public Safety. It shall be the policy'of the City to extend these same rights and privileges to all non - safely members of the Rohnert Park. Public Safety Officers' Association, except those that by their very nature could only apply to . peace` officers and/or frefighters. Alt subsequent revisions to California Code sections 3300 et seq and Court interpretations of these statutes shall also be binding on the City with respect to non - safety mem Association_ bers of the Rohner[ -Park Public .Safety Officers' For safety and non - safety employees alike, .the phrase "locker, or other space for storage that may be. assigned to him" as used in Government Code Section 3309 shall include, but is not limited to, a Public Safety employee's assigned City vehicle and/or the enclosed spaces of an employee's assigned desk or office area. Nothing in this section shall preclude the City from temporarily re- assi asset to meet a necessary operational requirement_ gning.a departmental ITY OF ROHNERT PARK Page 36 of 39 zrsonnel Rules and Regulations :1TY OF ROHNERT PARK 'ersonnel Rules and Regutafions GLOSSARY — DEFINITION OF TERMS ADMINISTRATIVE LEAVE - Absence with full pay and benefits, ordered by a Department Head or the City /tanager, when. the City's interests require the employee to be away from the job- ANNIVERSARY DATE -The date, which signifies the completion of each year of service by a regular employee a 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_ WPOiNTMENT - The selection of, and acceptance by,. an applicant to a position in the City service in )ccordance with these rules. AVERAGE SCORE - Means the combined average of all- relevant, converted, and weighted scores obtained by i candidate for a given classification or position title_ 'ALENDAR DAYS -.Consecutive days within a specific time frame and shalt include weekends and holidays_ 'ANDIDATE - An applicant for City employment who meets. the minimum qualifications of the position applying or and has been selected to begin the testing. process or a person on an eligibility fist_ -FRA - California Fatuity Rights Act, state law established in 1993, and is administered by the California department of Fair Employment and Housing- 'ITY COUNCIL- The duly elected governing body of the city_ Ji1f MANAGER.- The individual appointed by the City Council to manage all City operations: departments, xilicies and rules ATY SERVICE - The entire ernptbyment systern of the City_ 3LASSIFICATION - A -group of. positions .sufficiently similar in respect to duties .and responsibilities, that the >ame `descriptive .ciassrfication title may be. used to designate each position allocated to that class= The same ninimurn qualifications may be.-required of incumbents of positions in the class, and the same examinations nay be used to choose-qualified employees. CLASSIFICATION SERIES -. A group of classifications sharing similar functions but differing as to level of �omplexiity, difficulty and responsibility_ -,LOSE RELATIVE - Relative shall -mean. spouse, father, father -in -law, mother; mother -in -law, brother, brother- - n-law, sister, sister - in-law, child ('including stepchildren), stepparents, aunts, uncles, grandparents; grandparent-. n-t grandchildren and relationships in loco- parentis -and close personal relationships, with the approval of the �ity Manager or his/her designee_ COMPENSATION - Any salary, fee, or an paid to an employee for performing the duties and exercising the responsibilities of.a position DISCIPLINARY ACTIONS - Actions taken with the objective of obtaining employee compliance with rules, wders, procedures, standards of conduct: and/or expected job performance when non - disciplinary corrective actions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its DWn_ CITY OF ROHNERT PARK. Page 36 of 39 Personnel Rules and Regulabons CITYbF ROHNERT PARK Personnel Rules and Regulations DOMESTIC PARTNER — Two adults who have committed relationship of mutual carin chosen .fo share one another's Lives in an intimate and g- To :be 'eligible both parties must file a D Partnership with the California Secretary of State_ eclaration 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 completed all examination processes and are ranked, in o specific classification, who have rder of the score or rating received_ EMPLOYEE - Any person appointed to tilt an authorized employment Officials, volunteers, unpaid interns, and those a P yment position in the. City service_ Elected not employees_ The categories of employees arepo►nted to advisory boards, committees, and commissions 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= 1. 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. regular full- or pail -time position funded by sources other ihan,City revenues (e_g.,. federal or state grants)- Probationary= A probationary employee is someone in a regular full- or part-time Position who is serving trial period as provided in Sections 4 and 5_ p g a Special: A special employee is one hired for a special purpos employees include: e to meet the needs of the City_ Special 1- Provisional employees - i.e_ an employee who meets the minimum qualifications for a who is appointed on an interim. basis until the vacancy can be filled- 2- Position and 2- Seasonal employees - A temporary employee appointed than six (6) months within a twelve (12) month pe d Seasonaltremployeestdo not of. not more City's benefit programs_ participate in the 3_ Emergency employees - employees hired to meet the requirements of a declared emergency which threatens life, property, or the general welfare of the City .and, whose y emergency ceases. Position ceases when the . Probationary and Special Employees may be dismissed from such cause_ positions or disciplined with or without NTRY LEVEL_ - The initial position in a class series_ XAMINATION - The process utilized to evaluate the . relative .skiffs. and knovAedge rospective employment or current employee who has. applied: for a change in classificationtanrt/or p promotion, or ITY OF ROHNERT PARK ersonnel Rules and Regulations Page 37 of 39 :rTY OF ROHNERT PARK 'ei'sonnet Rules and Regulations s Fechniques utilized may consist of, but not limited to any of the following: traditional paper and pencil tests, jerforri3ance tests, skills lest, 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, 3ccumufated per specifications outlined in the MOA's and /or Outline of Benefits. for the Management and confidential Units_ FAMILY AND MEDICAL LEAVE POLICY - Provides for employee leave during times 'of illness or faintly emergencies. In compliance with California Family Rights Act and Federal Family Medical Leave Act_ FMLA - Family Medical Leave Act, federal law established in 1993 and administered by the Department of Labor- GRIEVANCE - A complaint by an employee relating to wages, hours, and working conditions_ Disciplinary action cannot be grieved- LEAVE-OF-ABSENCE WITHOUT PAY - Time away from work, which the employee has requested, and the City Manager or his. designee. has approved, for which the employee is not paid and has the right to return to the same position held before the leave was granted_ MEMORANDUM OF AGREEMENT (MOA) - A binding agreement on wages, hours, benefits,. and .other. conditions of employment for designated classes between the bargaining units and the City that have been adopted by the City Council_ NOLO CONTENDERE - Latin for "no contest." In a criminal proceeding, a defendant may .enter a plea of nofo. contendere, in which be does -not accept or deny responsibility for the charges but agrees to accept punishment. NON- EXEMPT - An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA) is to receive overtime pay at 1 % times normal pay for hours worked over 8; 9; 10 in a 24 hr-period andlor any hours worked over 40 hours in a 7 day period, as outlined in the MOA's and /or Outline of Benefrts for the Management and Confidential Units_ PDL -. Pregnancy Disability Leave, California law established in 1994, and administered by .the California Department of Fair Employment and Housing_ PERSONNEL OFFICER - is the City Manager, and is responsible for the administration of all Personnel Rules_ Throughout these Personnel Rules, the term "Personnel Officer" denotes the City Manager or his oc her. designee- . 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, aril /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_ PROMOTION - The movement of a qualified employee from one class to another class with a higher maximum F ate. 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 Employees' Association_ The labor bargaining and representation unit for administrative, technical and support employees_ RPPSOA - Rohnert Park Public Safety Officers' Association. The tabor bargaining and representation unit for Public Safety Sergeants; Public Safety Officers, Public Safety Dispatchers, Communications Supervisor, Community Services Officers, Part -Time Dispatchers, and Public Safety Officer Trainees. RULES - The Personnel Rules and Regulations of the City of Rohnert Park as contained in this document_ SALARY - A regular employee's base pay as approved by the City Council in the classification and salary plan i.e. pay rates and ranges, computed on a monthly basis_ SALARY RANGES - The rate(s) assigned to a classification in the pay rates and ranges. S.EIU - Service Employees International Union Local 707_ The labor bargaining and representation unit for certain City employees in the Department of Public Works. TEMPORARY APPOINTMENT - An .appointment of limited duration in the absence of available eligible employees or applicants. TERMINATION - The ending of any employment relationship between an employee and the City. TRANSFER - A change of an employee from one position to another position in the same class or another class raving essentially the maximum salary limits, 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_ ZESOLUTIONS EFFECTING PERSONNEL POLICY .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 RESO 99 -01 - ELECTRONIC MEDIA USE RESO 91 -192 - ANTI -DRUG POLICY RESO 87 -117 - DEPENDENT CARE ASSISTANCE PROGRAM RESO 00 -10 - EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004) RESO 03-71 - PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING RESO 03 -235 - OUTLINE CC THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILTTY AND ACCOUNTABILITY ACT OF 1996 ITY OF ROHNERT PARK ersonnet Rules and Regulations Page 39 of 39