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2010/06/22 City Council Resolution 2010-63RESOLUTION NO. 2010-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE MEMORANDUM OF AGREEMENT FOR THE . ROHNERT PARK EMPLOYEES' ASSOCIATION (RPEA) WHEREAS, on October 27, 2009, the City Council adopted Resolution No. 2009 -110 approving the Summary of Terms and Conditions of the Total Tentative Agreement with the Rohnert Park Employees' Association (RPEA); WHEREAS, the City Council directed staff to prepare a Memorandum of Agreement in accordance with the terms and conditions of the Total Tentative Agreement; WHEREAS, staff prepared the Memorandum of Agreement in accordance with Council direction; and WHEREAS, the Memorandum of Agreement has been approved by representatives of the Rohnert Park Employees' Association (RPEA). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve and adopt the Memorandum of Agreement for the Rohnert Park Employees' Association (RPEA), which is attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that the City Council authorizes and directs the Mayor and City Manager to execute the Memorandum of Agreement with the Rohnert Park Employees' Association (RPEA). DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 22nd day of June, 2010. ATTEST: [* W_.,4 44 IN A - I A "N' ifffly Clerk CITY OF ROHNERT PARK Pte_ .�- Mayor BELFORTE: AYE BREEZE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND THE ROHNERT PARK EMPLOYEES' ASSOCIATION (RPEA) . EFFECTIVE JULY 11 2009 - JUNE 30, 2011 EXHIBIT A TABLE OF CONTENTS 1. HOURS OF WORK ............................................................................................................................. ..............................4 1.1 REGULAR WORKWEEK FOR EMPLOYEES ......................................................................................... ..............................4 1.2 REGULAR WORKDAY FOR EMPLOYEES ........................................................................................... ..............................4 2. OVERTIME /COMPENSATORY TIME .......................................................................................... ..............................4 2.1 COMPENSATION RATE ..................................................................................................................... :.............................4 2.2 MAXIMUM COMPENSATORY TIME .......:................................:......................................................... ..............................4 2.3 CALL BACK OVERTIME ........................................................................................:.......................... ..............................4 2.4 EXEMPT EMPLO. YEES ....................................................................................................................... ..............................5 3. HOLIDAYS .......................................................................................................................................... ..............................5 3.1 OBSERVED HOLIDAYS ..................................................................................................................... ..............................5 3.2 PROCLAIMED HOLIDAYS ................................................................................................................. .........................:....5 3.3 DAY OF MOURNING OR SPECIAL OBSERVANCE ............................................................................... ..............................6 3.4 HOLIDAYS FOR REGULAR PART -TIME EMPLOYEES ...................................................................:...... ..............................6 4. VACATION .......................................................................................................................................... ..............................6 4.1 SCHEDULE ...................................................................................................................................... ..............................6 4.2 MAXIMUM ACCRUAL .:.................................................................................................................... ..............................6 4.3 VACATION SELLBACK ...............:..................................................................................................... ..............................6 4.4 ELIGIBILITY FOR NEW HIRES ..............................................................................................:............ ..............................6 4.5 DISCONTINUED ACCRUAL AFTER 90 DAYS ..................................................................................... ..............................6 4.6 SEASONAL, SEASONAL PART -TIME AND TEMPORARY EMPLOYEES ................................................. ..............................7 4.7 VACATION SCHEDULING BASED UPON SENIORITY .......................................................................... ..............................7 4.8 EMPLOYEE VACATION RECORDS .......................................................................:...................:...:.... ..............................7 4.9 REGULAR PART -TIME EMPLOYEES .................................................................................................. ..............................7 5. MILITARY TRAINING ..................................................................................................................... ..............................7 6. FRINGE BENEFITS ..........................................:................................................................................ ..............................7 6.1 FRINGE BENEFIT PROGRAMS .............................:............................................................................. ..............................7 6.2 SICK LEAVE BENEFITS ...........................:...................................:.................................................... ..............................8 6.3 CATASTROPHIC LEAVE ................................................:............................................:....................... ..............................9 6.4 PATERNITY LEAVE ..............................................................................:........................................... 6.5 ..............................9 CALIFORNIA FAMILY RIGHTS ACT FAMILY MEDICAL AND LEAVE ACT ........................................... ..............................9 6.6 LIGHT OR LIMITED DUTY ................................................................................................................ ............................. :9 6.7 AMERICANS WITH DISABILITIES ACT ............................................................................................... 6.8 ..............................9 PAYMENT TO BENEFICIARY ......................................................................................:...................... ........................:.....9 6.9 HEALTH PLAN COVERAGE ..................................:........................................................................... ..............................9 6.10 ALTERNATE BENEFIT ..................................................................................................................... .............................10 6.11 DENTAL, COVERAGE ....................................................................................................................... .............................10 6.12 VISION COVERAGE ......................................................................................................................... .............................10 6.13 ADOPTION BENEFIT ....................................................................................................................... 1 6.14 ..............................1 DEATH /BEREAVEMENT LEAVE ..................................................................................................... ..............................1 1 6.15 FUNERAL EXPENSE BENEFI T ......................................................................................................... 1 6.16 ..............................1 LONG -TERM DISABILITY INSURANCE...........: ................................................................................. .............................11 6.17 LIFE INSURANCE COVERAGE .......................................................................................................... 6.18 .............................12 DEFERRED INCOME PROVIDERS 6.19 .................:................................................................................... .............................12 RETIRED, DECEASED AND /OR PERMANENTLY AND TOTALLY DISABLED EMPLOYEES .................... .............................12 6.20 EDUCATION AND TRAINING REIMBURSEMENT ............................................................................... .............................14 6.21 LONGEVITY PAY .....:...................................................................................................................... 6.22 .............................15 EDUCATIONAL INCENTIVE PAY ...................................................................................................... .............................15 6.23 RETIREMENT PROGRAMS ............................................................................................................... .............................15 6.24 DEPENDENT CARE ASSISTANCE PROGRAM .................................................................................... ............................:16 MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 2 6.25 HEALTH CARE TAX -FREE DOLLAR ACCOUNT PROGRAM ............................................................... .............................16 7. PAYROLL DEDUCTION .................................................................................................................. .............................16 7.1 DEDUCTION OF ASSOCIATION DUES ............................................................................................. ............................... 17 7.2 LISTING OF DEDUCTIONS ................................................................................................................ .............................17 7.3 PAYROLL DEDUCTION .................................................................................................................... .............................17 7.4 HOLD HARMLESS ........................................................................................................................... .............................17 8. SALARIES, FURLOUGHS & MISCELLANEOUS PAY ............................................................. .............................17 8.1 SALARY ADJUSTMENTS .................................................................................................................. .............................17 8.2 BILINGUAL PAY ............................................................................................................................. .............................17 8.3 PAYCHECKS .............................................................................:..................................................... .............................18 8.4 FISCAL/BUDGETARY IMPACTS ....................................................................................................... .............................18 9. ALCOHOL AND DRUGS .................................................................................................................. .............................18 9.1 ALCOHOLIC BEVERAGES, OR OTHER DRUGS ................................................................................. .............................18 9.2 OFF DUTY HOURS .......................................................................................................................... .............................18 9.3 PRESCRIPTION DRUGS .................................................................................................................... .............................18 10. SMOKING ........................................................................................................:.............................. .............................18 10.1 NON - SMOKING PAY PREMIUM ....................................................................................................... .............................18 10.2 NON - SMOKING STATUS ..................................................................................................:............... .............................19 10.3 CONDITION OF EMPLOYMENT NEW EMPLOYEES ............................................................................ .............................19 10.4 EMPLOYEES HIRED AFTER JULY 1, 1993 ........................................................................................ .............................19 11. RESIDENCY BONUS .................................................................................................................... .............................19 12. GRIEVANCE POLICY AND PROCEDURE .............................................................................. .............................19 13. USE OF CITY FACILITIES .......................................................................................................... .............:...............19 14. MANAGEMENT RIGHTS ............................................................................................................ .............................20 15. WORK CURTAILMENT (NO STRIKE CLAUSE)) .................................................................. .............................20 16. PERSONNEL RULES AND REGULATIONS ............................................................................ .............................20 17. RESCINDING OF PREVIOUS RESOLUTIONS /AGREEMENTS .......................................... .............................20 18. TERM OF AGREEMENT ............................................................................................................. .............................20 18.1 EFFECTIVE DATE .....................................................................................................:...................... .............................20 18.2 TERMINATION DATE ...................................................................................................................... .............................20 19. SUCCEEDING AGREEMENT ........................................................................................................... .............................20 19.1 SUSPENSION OF AGREEMENT ......................................................................................................... .............................21 19.2 REPLACEMENT ............................................................................................................................... .............................21 20. NON- DISCRIMINATION ............................................................................................................. .............................21 21. PERSONNEL FILES ...................................................................................................................... .............................21 22. EMPLOYEE PERFORMANCE EVALUATIONS ..................................................................... .............................21 22.1 EMPLOYEE RESPONSE .................................................................................................................... .....................:.......21 23. RPEA OFFICERS ........................................................................................................................... .............................21 MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 3 MEMORANDUM OF AGREEMENT Pursuant to Government Code Section 35000 et. seq., the Rohnert Park Employees' Association (RPEA) and representatives of the City of Rohnert Park have met and conferred and hereby submit their joint recommendations for compensation and benefit adjustments for represented members of the RPEA. Hours of Work 1.1 Regular Workweek for Employees The regular workweek for all employees shall be five (5) consecutive workdays, Monday through Friday. As may be determined from time to time by mutual agreement of an employee and his/her supervisor, the employee may volunteer for a workweek other than defined in this section. 1.2 Regular Workday for Employees The regular workday for employees shall consist of eight (8), nine (9), or ten (10) hours of work as may be determined from time to time by mutual agreement of an employee and his /her supervisor. 2. Overtime /Compensatory Time 2.1 Compensation Rate 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 forty (40) hours in any workweek. (b) In excess of eight (8), nine (9), or ten (10) hours, as may apply in accord with Section 1.2 above, in any one - workday; (c) On any Saturday or Sunday, or Holiday as defined by this Agreement. 2.2 Maximum Compensatory Time A maximum of eighty (80) hours of compensatory time off may be accrued by an employee by mutual agreement of the employee and his /her supervisor. 2.3 Call Back Overtime Employees, other than those in exempt positions, who are called back to work after having left the work site, shall be entitled to a minimum of two (2) hours' pay at the following overtime rates: (a) All hours worked until midnight at time and one -half the base hourly rate. (b) All hours worked after midnight at double time the base hourly rate. (c) All hours worked on Thanksgiving Day, Christmas, and New Years Day shall be paid at two (2) times the base hourly rate. MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 4 2.4 Exempt Employees Section 2.1 shall not apply to those positions that do not receive overtime pay. 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. Management shall meet and confer with RPEA officers prior to making changes to this list. Exempt employees 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 forty (40) 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 the first week of November each year. Payment shall be made by December 15. 3. Holidays 3.1 Observed Holidays The holidays observed by the City will be: "New Years Day ", January 1, 2010 and January 1, 2011 The third Monday in January, "Martin Luther King, Jr. Day" January 18, 2010 and January 17, 2011 Friday proceeding "President's Day," February 12, 2010 and February 18, 2011 The third Monday in February, "President's Day," February 15, 2010 and February 21, 2011 The last Monday in May, "Memorial Day," May 31, 2010 and May 30, 2011 "Independence Day," July 4, 2009 and July 4, 2010 The first Monday in September, "Labor Day," September 7, 2009 and September 6, 2010 "State Admission Day," September 9, 2009 and September 9, 2010 The second Monday in October, "Columbus Day," October 12, 2009 and October 11, 2010 "Veteran's Day," November 11, 2009 and November 11, 2010 The fourth Thursday in November, "Thanksgiving Day," November 26, 2009 and November 25, 2010 Day after "Thanksgiving, November 27, 2009 and November 26, 2010 12:00 Noon to 5:00 p.m. on December 24, 2009 and December 23, 2010 "Christmas Day," December 25, 2009 and December 25, 2010 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 MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 5 3.3 3.4 3.5 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. Holidays for Regular Part-time Employees If a scheduled or observed holiday falls on a regularly scheduled day off of a part -time employee, the part -time employee shall be entitled to the prorated number of holiday hours, which may be taken as time off in the pay period in which the holiday falls. Personal Leave Days All members of the bargaining unit are entitled to utilize three (3) days (twenty -four [24] hours) of paid personal.leave each year of the Memorandum of Agreement). This provision expires on June 30, 2011. The Department shall accommodate the request for personal leave unless the Department would incur overtime charges. This personal leave is in addition to any other leaves granted under this Agreement. 4. Vacation 4.1 Schedule 4.2 4.3 4.4 4.5 That the following vacation schedule is in effect: Years of Service Monthly Annual Inclusive Vacation Rate 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 15 years 14.000 hours 168 Over 15 years 15.333 hours 184 Maximum Accrual Vacation may be accumulated to a maximum of fifty (50) days (i.e. 400 hours). Vacation Sellback Employees shall have the option to sell back to the City up to forty (40) hours of vacation time. The rate of the sell back shall be the employee's current and regular salary as of November 1 of each given year. The sell back shall occur during the pay period that includes November 1. To qualify for vacation sell back, employees must have accrued at least eighty (80) hours of vacation time as of November 1 of each given year and must have used a minimum of eighty (80) hours of vacation time within the twelve (12) months prior to November 1 of each given year. Eligibility for New Hires Employees must work a minimum of six (6) months before any vacation earned will be credited to said employee. Discontinued Accrual After 90 Days MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 6 Vacation benefits shall be earned and accrued to employees who are actively working or are taking leave due to an approved City program or benefit. Vacation benefits do not accrue to employees on absences from work for over ninety (90) consecutive days whereas the employees become eligible for the City's long -term disability program for either industrial or non- industrial injury or sickness. 4.6 Seasonal, Seasonal Part-time and Temporary Employees Seasonal, seasonal part -time and temporary employees shall not accrue vacation benefits. 4.7 Vacation Scheduling Based Upon Seniority Vacation scheduling will be on the basis of seniority within classification as has been past practice. 4.8 Employee Vacation Records Employee vacation records, i.e. accrual and use, are maintained in the Payroll Department and are open to employees either in person or via the telephone. 4.9 Regular Part-time Employees Regular Part -time Employees' fringe benefits shall be as provided in City Council Resolution No. 80 -140, adopted August 11, 1980, a copy of which is attached hereto. 5. Military Training The City grants military leave to all employees for service in a uniformed service in accord with the Military and Veterans' Code of California and City Resolutions No. 2003 -71. The employee must notify his /her supervisor of upcoming military duty as soon as he /she becomes aware of his /her obligation. An eligible employee pursuant to the Military and Veterans Code who is ordered to active military duty or training shall receive the difference in pay between his /her regular pay and his /her military pay. In addition, the employee shall have continued benefits. In such cases, the employee shall submit his /her military earning statement to the Human Resources Department to assist in calculating the employee's salary. In no event, will the employee be compensated in excess of his /her normal City salary. Employees will receive any merit and/or general salary increased for which they become eligible during military leave. 6. Fringe Benefits 6.1 Fringe. Benefit Programs City reserves the right to select the insurance carrier(s) or to self- administer any of the fringe benefit programs provided during the term of this agreement. In the event that any offered health plan is no longer offered, the City agrees to provide a suitable replacement health plan that is substantially comparable and agrees to meet and confer regarding same. All benefits provided under this section (Section 6) are subject to the characteristics of each individual benefit program. MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 1 Page 7 The value or availability of the benefits provided in this Agreement as originally worded or as amended from time -to -time may depend on their tax treatment by the State or Federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees' Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Agreement are limited to the direct cost of providing the salary and benefits as described in this Agreement. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. (a) The City will continue all employee benefits and pay the appropriate premiums, as specified in the applicable section(s) of this agreement, due for an employee out on an authorized leave while an employee is being compensated by 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 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 Benefits (a) Sick leave benefits for regular employees hired before July 1, 1993 shall be as provided in the City's most current "Disability Wage Plan ", a copy of which is attached hereto. Each employee covered by this Agreement 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 Hours Earned Maximum Hours Monthly Annually of Accumulation 8 96 1,200 (c) Any employee hired before July 1, 1993, may voluntarily elect to participate in the sick leave program as provided in Section 6.2 (b) above with the following conditions: 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. MOA- Konnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 8 Employees may convert up to a maximum of 1,200 hours. Any unused half -pay benefits will be forfeited and not subject to conversion under this section. 2. Once an employee voluntarily elects to participate in this sick leave program, he /she shall remain in same with no return privileges. 6.3 Catastrophic Leave Leave benefits shall be provided as outlined in the Amended Catastrophic Leave Program, a copy of which is attached hereto, approved by City Council Resolution No. 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 California Family Rights Act and Family. Medical Leave Act 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. 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 able to perform all his /her normal work duties. 6.7 Americans with Disabilities Act The City and RPEA recognize that the City 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 Plan Coverage Employees will have a choice of Kaiser Permanente (Traditional Plan and HSA) or Anthem Blue Cross Prudent Buyer Plan (Traditional Plan and HSA) or any other appropriate health plan offered by the City. (a) The City agrees to contribute towards medical insurance premiums an amount equal to 80% of the lowest cost health plan at the employee's enrollment level, excluding the Health Savings Account plans. MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 9 (b) As a result of any Federal or State law enacted subsequent to the effective date of this Agreement, the City and RPEA agree to meet and confer in an effort to maintain the level of benefits as provided for in this Agreement. 6.10 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. 6.11 Dental Coverage The City shall provide, at no premium cost to employees, dental service coverage for employees, spouses, domestic partners, and dependents. The plan offered by the City shall be the Delta Dental Preferred Option Plan, which for the most part, but with some exceptions, provides the following coverage: (a) One hundred percent (100 %) of the cost of diagnostic and preventative care. (b) Eighty -five percent (85 %) of the cost of basic dental services. (c) Eighty -five percent (85 %) of the cost of crowns and restorations. (d) Fifty percent (50 %) of the cost of prosthodontics. (e) Two thousand dollar ($2,000) maximum benefit for dental services per person per year. (f) Fifty percent (50 %) of the cost of orthodontics with a three thousand five hundred dollar ($3,500) lifetime maximum benefit per person. 6.12 Vision Coverage The City will provide, at no premium cost to employees, a 12/12/12 Vision Service Plan with supplemental coverages for the employee, employee's spouse, domestic partner, and dependents as generally follows: (a) A vision exam every twelve (12) months. (b) Prescription glasses consisting of lenses and frames every twelve (12) months. Lenses include single vision, lined bifocal, lines trifocal, tints and photochromic lenses. Frames of, the employee's choice will. be provided up to a maximum of one hundred and twenty dollars ($120). Employee will receive a twenty percent (20 %) discount on any out -of- pocket costs incurred for frames. (c) In lieu of glasses, contacts with an allowance of one hundred and five dollars ($105). The allowance applies to the cost of contact lenses and the fitting and evaluation exam. The exam is in addition to the vision exam. MOA- Rohnert Park Employees' Association July 1, 2009 through June 30, 2011 Page 10 (d) A second pair of prescription glasses or contact lenses every twelve (12) months subject to a twenty dollar ($20) copay. (e) Contact lenses, in addition to glasses, every twelve (12) months subject to a fifty dollar ($50) copay. One day disposable contacts are covered up to a four hundred dollar ($400) maximum allowance. (f) Primary Eye Care with urgent or non - surgical eye care benefits subject to a five- dollar ($5) copay per office vision. Examples of primary eye care include, but are not limited to, exams to diagnose pain in the eye, exams to monitor the progress of pre- surgical cataracts, diagnosis and tests for loss of vision, and treatment and management of glaucoma. (g) Laser surgery discount (PRK, Lasix/Custom Lasik) 6.13 Adoption Benefit That the City provides a six hundred dollar ($600) per child cash benefit to employees adopting minor children to help offset the cost of adoptions. This cash benefit does not include the cost of adopting stepchildren, i.e. children of present spouse. 6.14 Death /Bereavement Leave (a) A regular employee shall be paid up to 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, father, father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent -in -law, grandchildren and relationships in loco- parentis and close personal relationships, with the approval of the City Manager or his /her designee. 6.15 Funeral Expense Benefit City will provide fifty percent (50 %) co- payment, not to exceed two thousand dollars ($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. 6.16 Long -Term Disability Insurance The City shall provide, at no premium cost to employees, long -term disability income protection insurance coverage. The basic benefit shall be sixty six and two thirds percent (66 2/3 %) of the employee's monthly base pay with a maximum benefit of five thousand and thirty three dollars ($5,333). In no event shall the employee receive more than full salary. The benefits provided under this section are subject to the characteristics of the individual program. MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page II (a) The waiting period for the above long -term disability benefits plan shall be ninety (90) days. 6.17 Life Insurance Coverage (a) The City will provide, at no premium cost to employees, fifty thousand dollars ($50,000) life insurance coverage provided to employees and one thousand dollars ($1,000) for dependents, and which coverage includes accidental death and dismemberment benefits. (b) The City will allow, subject to the insurance carrier's approval, any employee to purchase, at his or her own cost, additional life insurance coverage under the City's group program. 6.18 Deferred Income Providers The City will continue to make available to the employees a deferred income program, now being administered by Nationwide and ICMA or a similar program with another institution acceptable to City. 6.19 Retired, Deceased and /or Permanently and Totally Disabled Employees (a) The City agrees to make a medical insurance premium contribution toward the applicable early retirement premium or Medicare - eligible premium as outlined in the attached "Insurance Premium Contribution Rate Schedule ". Calculation of premium will be prorated for regular, part -time employees. The City's share of the medical insurance premium costs for all retirement benefits as described herein shall not exceed the amount described in the attached "Insurance Premium Contribution Rate Schedule ", and shall not include payment of Medicare B. premiums. Coverage will extend to eligible dependents. The City will provide such contributions only: 1. To regular full -time and regular part -time City employees hired before June 30, 2007 who have at least fifteen (15) years of continuous service with the City and who retire upon reaching retirement age or thereafter and are receiving a retirement allowance from CalPERS. Said employees shall be referred to as "Retired Employees." a) Employees with less than 15 consecutive years of service with the City receive no City fringe benefits, i.e. medical, dental, vision, life insurance at retirement b) Employees must retire concurrent with termination of service with the City to be eligible for this benefit (no vesting). 2. To regular full -time or regular part -time employees hired before June 30, 2007 who: a. Have at least ten (10) years of continuous service with the City, and; Are retired forthwith from the City of Rohnert Park service into CalPERS at the time of permanent or total disability, and; MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 12 C. 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. d. 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. 3. To the surviving spouse, registered domestic partner, and legal dependents of a regular full -time or regular part -time employee hired before June 30, 2007 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." 4. For eligible "Retired Employees" and the survivors of "Deceased Employees" as defined in sections 6.19(a)1 through 3 above, the City agrees to provide /offer and pay the premium(s) as provided for active employees at time of retirement for life insurance, dental care, and vision care benefits for retired employees and eligible dependents. Calculation of premium will be prorated for regular, part -time employees. 5. Benefits provided under tSection 6.19(a) 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. 6. All benefits provided under Section 6.19(a) 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. 7. The benefits provided under Section 6.19(a) will continue for such retired employees and their spouse, registered 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 registered domestic partners until the spouse or domestic partner dies, remarries, or forms another registered domestic partnership. 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 maximum age limit specified by state or federal law, or the spouse or registered domestic partner marries, or forms another registered domestic partnership whichever occurs earliest. MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 13 8. 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 Section 6.19(a). Part -time (non- benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration. and approved City paid leaves do not constitute separation from City service (and therefore will not void any previous accrual towards length of continuous service) for the purpose of this section. 9. If any retired employee, after retirement from the City, becomes employed elsewhere and is covered by medical, life insurance, health, dental or vision care benefits by his /her new employer, coverage provided by the City to the retired employee pursuant to Section 6.19(a) will be considered secondary to the coverage provided by his /her new employer, and his /her new employer's coverage shall be considered primary. 10. If any spouse or registered domestic partner of a deceased employee or deceased retired employee who is receiving benefit coverage as provided under Section 6.19(a), becomes employed and is covered by medical, health, dental or vision care benefits by his /her employer, said coverage provided by City will be considered secondary to the coverage provided by the spouse's or registered domestic. partner's employer, and his /her employer's coverage shall be considered primary. (b) Regular City employees hired after June 30, 2007 shall be eligible for the benefits described below in lieu of the benefits described in Sections 6.20(a) above: 1. The City will contribute $75.00 per month for active employees in paid status to a Retiree Health Savings Account (RHSA). 2. 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. 3. Calculation of contribution will be prorated for regular part -time employees. 6.20 Education and Training Reimbursement The City will provide an education and training assistance program to provide reimbursement to employees for tuition and book costs only for attending and completing, with a satisfactory grade (C or better), courses in the adult high school program, at Santa Rosa Junior College, at Sonoma State University or any other educational institution acceptable to the City. All courses or classes for which reimbursement will be requested must be previously approved by the Supervisor and the City Manager prior to the start of said classes and approval requested on the appropriate City form. The maximum allowed amount reimbursable for tuition is one thousand dollars ($1,000) per instructional period plus books and materials, with a total reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year. MOA-Rohnert Park Employees' Association # July 1, 2009 through June 30, 2011 Page 14 6.21 6.22 6.23 Longevity Pay For regular employees hired before 10/10/95, the City shall provide longevity pay as described below based on continuous years of service, Continuous years of service are defined as being continuous regular full -time or regular part -time City employment. Part -time non - benefited employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid leaves do not constitute separation from City service (and therefore will not void any previous accrual towards length of continuous service) for the purpose of this section. Completed years Pay Percentage of Service Increases 5 years 2% For each completed year thereafter 1/2% The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay. The "completed years of service" will be determined on January 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. Educational Incentive Pay For regular employees hired after 10/10/95, who are not eligible for longevity pay as outlined in Section 6.21, a monthly Educational Pay Stipend of $50 shall be provided for Master of Science (MS) or Master of Arts (MA) or other Master degree in any major course of study, awarded by an accredited college or university. In no event shall an employee be paid for more than one degree. The Stipend payments are authorized only for degrees from an accredited college or university, and a copy of the degree must be provided for validation and approval of payment. Retirement Programs (a) Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) two and seven tenths percent (2.7 %) at fifty -five (55) retirement program to miscellaneous member employees. Effective July 1, 2011 the City will provider the California Public Employees' Retirement System (CaIPERS) two percent (2.0 %) at fifty -five (55) 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. Employees will contribute 1% of the employer's contribution . MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 15 (d) The City will modify the CalPERS Annual Cost -of- Living Allowance Increase (Section 21335) to provide for a 2.0% annual maximum cost -of- living increase for employees hired after December 31, 2007. Employees hired prior to December 31, 2007 shall be eligible for the 5.0% annual maximum cost -of- living allowance increase as defined in Section 21335. (e) During the term of this agreement, the City will pay the eight percent (8 %) employee's contribution and will report this amount to CalPERS as the employer paid member contribution (EPMC) per Internal Revenue Code 414(h) (f) The City pays eight percent (8 %) of the employee's contribution into CalPERS for all members of the RPEA. The City shall report eight percent (8 %) of the Employer Paid Member Contributions (EPMC) to CalPERS as additional compensation for all members of the RPEA. The City will report the value of the EPMC in accordance with all applicable provisions of the Government Code, law and requirements of the CalPERS. The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies both presently and 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 obligations even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. (g) Benefits provided are subject to CalPERS regulations and relevant law. 6.24 Dependent Care Assistance Program City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for childcare as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 6.25 Health Care Tax -Free Dollar Account Program City will continue to provide the Health Care Tax -Free Dollar Account Program as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed medical expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 6.26 Hearing Aid Benefit The City will reimburse employees up to eighty percent (80 %) with a lifetime maximum of nine hundred dollars ($900.00) for medically required hearing aid devices. 7. Payroll Deduction MOA- Rohnert Park Employees' Association # July 1, 2009 through June 30, 2011 Page 16 7.1 Deduction of Association Dues The RPEA will be provided with monthly payroll deduction of Association dues at no cost to the employee organization. 7.2 Listing of Deductions The RPEA will provide the City Manager with a listing of deductions for recognized RPEA members only. Said listing will remain in force until amended by RPEA in writing. RPEA will hold the City harmless for any liability of errors resulting from errors on the listing provided by RPEA. 7.3 Payroll Deduction The RPEA deductions will be taken from the mid -month paycheck and promptly forwarded to RPEA. 7.4 Hold Harmless RPEA agrees to indemnify and defend the City, its officers, employees and agents and hold it harmless against any and all suits, claims, demands and liabilities that shall arise directly or indirectly out of any action that shall be taken or not taken or on behalf of the City, its officers, employees and agents for the purposes of complying with the foregoing sections. 8. Salaries, Furloughs & Miscellaneous Pay 8.1 Salary Adjustments (a) Salaries will not be subject to a general wage increase during the term of this Memorandum of Agreement. (b) Furloughs: A furlough bank of one - hundred and sixty (160) hours shall be established for each employee during the term of this Agreement, representing eighty (80) hours per each year of the Agreement. Non - exempt employees' monthly salaries shall be reduced by a percentage equal to approximately eight and four - tenths (8.4) hours per month between November 1, 2009 and June 30, 2011, representing a total of one - hundred and sixty (160) hours and an approximate annualized wage reduction of 3.85 %. The furlough bank of hours ends at the end of this Agreement and may not be carried forward. Exempt employees must use, at a minimum, 8 hours of furlough leave per month, up to their furlough bank of one - hundred and sixty (160) hours through the term of this Agreement. Use of the unpaid furlough bank hours shall not result in overtime costs for the City, and are subject to approval by the employee's supervisor. 8.2 Bilingual Pay The City and the RPEA have agreed that special compensation shall be given to certain employees in the RPEA bargaining unit whom possess bilingual skills. That is, when the City designates a position or person as bilingually 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 MOA- Rohnert Park Employees' Association # July 1, 2009 through June 30, 2011 Page 17 $100 per month. Said employee shall be subject to re- testing. Bilingual designation shall be at the sole discretion of the City. 8.3 Paychecks City shall.distribute paychecks to employees by noon on payday. 8.4 Fiscal /Budgetary Impacts If the State of California fiscal crisis continues and substantial funds are extracted from the City or sales tax revenues or other major revenue sources decline to a point where the City must consider a reduction in staffing, City may re -open this Agreement to address salary issues. 9. Alcohol and Drugs The City and RPEA agree to continue to work together to assist any employee who has an alcohol, or alcohol - related, drug or substance abuse problem. It is mutually acknowledged that continued cooperative efforts would give employees a much better opportunity to recover from this very serious 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. 9.1 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. 9.2 Off Duty Hours If an employee who has been drinking alcohol or using a drug which may impair the employee's ability to drive or function safely receives a call to return to work during off duty hours, the employee must decline the request to work. 9.3 Prescription Drugs Employees using prescription drugs, which affect the employee's ability to work safely must inform their supervisor and may be assigned to other appropriate duties or required to take sick leave. 10. Smoking 10.1 Non - smoking Pay Premium For employees hired before 7/1/93 who refrain completely from the use of tobacco in any form, City agrees to provide a $25 per month pay premium Any employee receiving the pay premium for not using tobacco and who starts using tobacco, shall rebate to City all paid non - smoking premium paid by the City to said employee during the immediate twelve (12) months preceding. MOA- Rohnert Park Employees' Association # July 1, 2009 through June 30, 2011 Page 18 10.2 Non - smoking Status Employees hired with a condition that they not smoke shall be required to remain non - smokers throughout their employment. A non - smoker shall not smoke or use any tobacco product either on or off -duty while employed. An affidavit signed on a periodic basis by employee shall be used. to verify continued non - smoking status. 10.3 Condition of Employment New Employees The City intends to hire new employees with the clearly expressed condition of employment that they refrain from smoking. The City acknowledges its right to take appropriate disciplinary actions should any such employee hired after the effective date of this Agreement violate the agreed upon conditions of employment. Prior to final disciplinary action being taken, City will refer the employee to the employee assistance program for consultation and referral. 10.4 Employees Hired after July 1, 1993 The City and RPEA acknowledge that due to its commitment to hiring employees with the clearly expressed condition of employment that they refrain from smoking, that employees hired after July 1, 1993 shall not receive a $25 pay premium for not smoking. 11. Residency Bonus All employees are encouraged to reside within the City. For the term of this Agreement, all employees residing within Rohnert Park shall receive a $60 per month residency bonus. At the discretion of the City Manager, said residency bonus may increase to no more than $65 per month at any time during the term of this agreement. 12. Grievance Policy and Procedure City will comply with the grievance procedure as outlined in Resolution No. 79 -22, adopted February 13, 1979, a copy of which is attached hereto. Failure to meet any time line or specifically comply with any other requirement of the grievance procedure constitutes a specific waiver and is a bar to further consideration of the grievance. 13. Use of City Facilities 13.1 Use of Sports Center and Lap Swimming Program Employees and their spouse, domestic partner, and eligible dependents (as defined in IRS Fact Sheet FS- 2005 -7), will be allowed to participate with no fee imposed in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center by spouse, domestic partner, and dependents of employees adversely impacts the public's access to the Sports Center facilities, the parties will re -open this Section 13. Other activities requiring payment of a fee can be discussed with the City Manager for consideration of a waiver of part or the entire fee. MOA- Rohnert Park Employees' Association . July 1, 2009 through June 30, 2011 Page 19 14. Management Rights Except as limited in this Agreement and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery and to set standards of service to be offered to the public; and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this Agreement; to direct its employees and establish employee performance standards and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable laws; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. 15. 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 Agreement. 16. Personnel Rules and Regulations City agrees to meet and confer with RPEA on any updates or changes to the Personnel Rules & Regulations. 17. Rescinding of Previous Resolutions /Agreements RPEA acknowledges that certain provisions of this agreement may conflict with resolutions currently in effect regarding employee working conditions or benefits. The provisions of this agreement supersede any previous resolutions or agreements that may be in conflict with provisions of this agreement as of the effective date of this agreement. 18. Term. of Agreement 18.1 Effective Date This Agreement is to become effective on July 1, 2009 . 18.2 Termination Date This Agreement will terminate on June 30, 2011 unless extended by mutual agreement of the parties. 19. Succeeding Agreement Negotiations for the period commencing July 1, 2011 shall begin on or before February 1, 2011, by which time RPEA shall submit its proposals to the City Manager. Said submittal shall include an estimated MOA- Rohnert Park Employees' Association # July 1, 2009 through June 30, 2011 Page 20 percentage decrease or increase in the cost of same compared to the provisions of this Agreement. City shall, if requested, assist RPEA in a reasonable manner in providing information to determine the percentage increase. 19.1 Suspension of Agreement If during the term of this Agreement, any item or portion thereof of this Agreement is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this Agreement shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this Agreement shall not invalidate any remaining portion, which shall continue in full force and effect. 19.2 Replacement In the event of suspension or invalidation of any article or section of this Agreement, City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 20. Non - Discrimination City acknowledges that in receiving the benefits afforded by this Agreement, no person shall in any way be favored or discriminated against to the extent prohibited by law. 21. Personnel Files An employees or his /her duly authorized representative has the right to inspect his or her personnel file maintained by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of the personnel file. 22. Employee Performance Evaluations 22.1 Employee Response 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. 23. RPEA Officers The City agrees to authorize RPEA Officers up to forty (40) hours of paid leave per fiscal year to be used only for Association business. The forty (40) hours of leave is the total amount in aggregate and may be distributed among RPEA Officers. Officers shall notify and secure permission from their supervisor for such leave. 24. Layoffs The City agrees to make good faith efforts throughout the term of the Memorandum of Agreement to avoid layoffs of members in the bargaining unit represented by the Association. In the event that the City considers layoff of members of the Association, in addition to any meet and confer obligations of the City, the City will notify the Association in writing and the Association will have thirty (30) calendar days to MOA- Rohnert Park Employees' Association # July 1, 2009 through June 30, 2011 Page 21 submit alternatives, adjustments and /or concessions for consideration by the City in order to avoid or minimize layoffs. This provision of the MOA shall expire June 30, 2011. CITY OF ROHNERT PARK ROHNERT PARK EMPLOYEES' ASSOCIATION John Dunn, Interim City Manager DATE Angie Smith, Board Official DATE Dawn Cerini, Board Official DATE Bob Jarvis, RPEA Representative DATE By: Mayor City Council Resolution Number: 2010 -63 adopted on June 22, 2010 Attest: . Judy Hauff, City Clerk Approved As To Form: Benjamin D. Winig, Assistant City Attorney MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 22 Incorporated by Reference. The following are incorporated in this agreement by reference: Listing of RPEA job classes (Attachment "A ") Retiree Medical Insurance Table (Attachment "B ") 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 10, 1997 - Ca1PERS Employer Paid Member Contributions City Council Resolution No. 2001.270, adopted December 11, 2001- Catastrophic Leave City's Personnel Rules & Regulations MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 23 ATTACHMENT A CITY OF ROHNERT PARK Alphabetical List of RPEA Job Titles May 17, 2010 Accountant/Auditor Accounting Specialist I Accounting Specialist II Accounting Technician Administrative Analyst Administrative Assistant Administrative Secretary Animal Health Technician Animal Shelter Supervisor Animal Shelter Technician Assistant Civil Engineer Associate Civil Engineer Associate Planner Building Inspector Building Official Civil Engineer Community Development Assistant Customer Service Representative Deputy Chief Building Official Engineering Technician l Engineering Technician II Evidence Specialist Housing & Redevelopment Assistant Housing & Redevelopment Manager Housing & Redevel. Project Manager Housing Services Assistant Information Systems Operations Mgr. Information Systems Technician I Information Systems Technician II Management Analyst Misc. Office Assistant I Misc. Office Assistant II Performing Arts Center Managing Dir. Performing Arts Specialist Project Manager Property Technician Public Safety Records Clerk Public Safety Records Technician Public Works Inspector Purchasing Agent Purchasing Specialist Records Supervisor Recreation Services Manager Recreation Supervisor Records Clerk /Office Assistant I Secretary Secretary II Senior Account Clerk Utilities Senior Engineering Technician Technical Director Utility Billing Supervisor Utility Service Specialist Youth Services Specialist MOA- Rohnert Park Employees' Association . July 1, 2009 through June 30, 2011 Page 24 ATTACHMENT B: Retiree Medical Insurance Table PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/09 THROUGH 6/30/11 g 25+ . 100% 80 °l0 $415.41 $830.81 $3323 *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only. MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 25 City Ongoing Ongoing City contribution monthly City monthly City formula at time of contribution to contribution to retirement is: Lowest employee -only Lowest employee +1 retiree premium: retiree premium: 80% of the lowest premium cost at time of premium cost at Enroll retiree Enroll retiree cost premium. retirement time of retirement only, &eli ible others. retirement : $402.80: 1. $805.59 322, 24 ��$644 4 ' :EMPLOYEES HIRED PRIOR TO:JULY �,y,1993. who retire between 711!109 a1nd,613012©1,1,- premium cost at at City contribution to retiree premium: of Ongoing Ongoing City contribution time of retiree premium: monthly City monthly City formula at time of premium retirement contribution to contribution to retirement is: Lowest employee -only Lowest employee +1 retiree premium: retiree premium: 80% of the lowest premium cost at time premium cost at Enroll retiree Enroll retiree cost premium. of retirement time of retirement I only. &eligible others. 809% $415.41 $830.81w. Jul X664 3 E EMPLOYEES HIRED betuveen JUL Y1,199;3and June,30, 2007 who retire, between 711109 and 6/3412010 City contribution formula at Lowest % of City time of Lowest employee +1 Ongoing monthly contribution retirement: employee -only premium cost Ongoing monthly City contribution to Years based on 80% of the premium cost at at City contribution to retiree premium: of Years of lowest cost time of time of retiree premium: Enroll retiree+ Service Service premium. retirement retirement Enroll retiree only eligible others. g 25+ . 100% 80 °l0 $415.41 $830.81 $3323 *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only. MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 25 City contribution formula at Lowest % of City time of Lowest employee +1 Ongoing monthly contribution retirement : employee -only premium cost Ongoing monthly City contribution to Years based on 80% of the premium cost at at City contribution to retiree premium: of Years of lowest cost time of time of retiree premium: Enroll retiree+ Service Service premium retirement retirement Enroll retiree only eligible others g 25+ . 100% 80 °l0 $415.41 $830.81 $3323 *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only. MOA- Rohnert Park Employees' Association • July 1, 2009 through June 30, 2011 Page 25 fi RESOLUTION NO. 79 -22 EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION BE IT RESOLVED -BY THE COUNCIL OF THE CITY OF ROHNERT PARK ARTICLE I — GENERAL PROVISIONS SECTION 1 STATEMENT OF F011POSE It is the purpose of this Resolution to insure_ a_ 'Employee Grievances are heard and .resolved fairly a n promptly b. City employees are treated fairly and that their. rights are maintained. c. Grievances are resolved in an effective and* orderly manner to insure uninterrupted city services to the public. SECTION 2 DEFINITIONS As used in this Resolution; the following terms shall have the meanings indicated_ a_ Appropriate Unit means a unit'-of employee'classes or positions, established for the purpose of.collective representation_ . b. City means the City of Rohnert Park_ c.. Employee means any city employee; regardless. of- status. d. Grievance means-'a complaint or.dispute by -an employee; group of employees, or a recognized employee organization Concerning the interpretation or application of any matter falling within the scope of this grievance procedure. e. Grievant means the party who has informally or formally_ initiated a grievance. procedure either f. immediate Supervisor means the individual who immediately assigns, reviews, or directs the work of an employee. g. Intermediate Supervisor means the supervisor next above the immediate supervisor as determined by the department head. h. Recognized Employee Organization means-'an employee organization which has been formally acknowledged by. 'the city as a recognized employee organization representing employees in an appropriate unit. i. Working Days means those days on which the city administrative offices are open for conduct of normal business. SECTION 3 SCOPE a. This grievance procedure pertains to application, interpretation, and noncompliance with memorandums of .agreement, council resolutions, city ordinances, and: departmental and city - rules, regulations, and practices governing wages, seniority, written reprimands, hours, safety, and other terms arid conditions of employment which the city has authority to change and for which no. other appeals procedure is provided_ Issues excluded from the scope of this grievance procedure include those matters which the city has no authority to change and matters for which alternative appeals. procedures have Page 3 >i i- been provided such as performance - appraisals,, demotions, suspensions, and dismissals_ Disputes concerning exclusive city`rights with respect to mattes of general legislative or managerial policy do not constitute grievances under this procedure. The nature of these exclusive- city rights are described in Section 3.e. 'below. b. A grievance may be initiated by an employee, jointly by a group of employees, : or by a recognized employee organization. c. Employees who are in units represented by a recognized employee - organization may choose to represent themselves or be represented by the. recognized employee organization at any stage of this grievance procedure. Employees who are not in a represented unit may, choose to :represent themselves or. be represented by any layperson, or employee organization. Neither the grievant party nor the city may be represented by legal. counsel. d. No employee or recognized employee organization shall be interfered with, intimidated, restrained, coerced, or discriminated' against for exercising these .grievance rights. e. Nothing in this grievance procedure shalt be construed to restrict any legal or inherent exclusive city rights witli . 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 carry out its mission in emergencies; and exercise complete control and discretion over its organization and technology of performing its work. ARTICLE 11 — INFORMAL GRIEVANCE PROCEDURE SECTION 4 GENERAL \ a. It is the mutual responsibility of employees, employee organizations,; and management to resolve grievances informally and at the lowest practicable evel of management, whenever possible. b. Informal procedures must be exhausted prior to initiation of the formal grievance procedure. SECTION 5 STEP ONE — .IMMEDIATE SUPERVISOR a. The grievant shall first present the grievance orally to his/her immediate Supervisor in an informal meeting. The grievant may request such a meeting at any reasonable time, and the supervisor shall meet within five (5) working days after such request. In the meeting the .grievant shall fully explain the grievance and the solution desired: The supervisor shall present an informal, verbal decision with reasons therefore to the grievant within five (5) working days after. the meeting. b. Any grievant whose grievance is not resolved to his /her satisfaction may institute a formal grievance procedure. Such formal - .procedure shall conform with the steps and provisions prescribed in Articles III and IV. Page 4 ARTICLE III — FORMAL GRIEVANCE PROCEDURE SECTION 6 GENERAL a. All the formal grievances shall be in writing_ A supply. of'grievar►ce 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 fomial ,grievance shall notify the recognized employee organization (if any) which represents the. employees of the unit from which the grievance _originates conceming..the: times and places of all grievance proceedings. The highest level of management involved shall notify.. the appropriate recognized employee organization(s) 'in �wr:. ting prior to implementation of. any grievance settlement which affects:'-.1 he rights or conditions of employees they represent. SECTION 7 STEP Two — INTERMEDIATE SUPERVISOR a. The grievant may appeal the immediate supervisor`s decision by :completing Section 2 of the grievance form and filing it with. the appropriate intermediate supervisor within five (5) working days. b. The intermediate supervisor shall within ten (1.0) working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, render a decision in writing on the grievance. form together with the reasons therefore, and return the form to the grievant. SECTION '8 STEP THREE — DEPARTMENT'HEAD a. The- grievant: may .appeal the intermediate supervis or' s 'deelsion by completing Section .3 of. the grievance form 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 S 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 grievarifs 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,..a6d shall hear all witness, testimony and evidence from both sides and shall render a written decision on: the grievance form together with reasons therefore and return the form to the grievant, through the Personnel Office, within ten (10) working days. .A complete tape recording and /or transcript shall, be kept for all Grievance Appeals Committee hearings. The cost of any. transcript or transcript of any tape recording-shall be paid for by the requesting party. d. A'majority decision of the Grievance Appeals Committee shall be final and binding unless such decision binds the city to a financial expenditure which can be authorized only by the City Council. 'in such case the City Council may review the record and affirm, reverse, modify, or refer the matter back to the Grievance Appeals Committee for further hearing. Such action shall be taken by the City Council only on a review of the record and .a finding that the decision of the Grievance Appeals Committee was not supported by the record. ARTICLE IV — RULES OF PROCEDURE SECTION 11 COMBINING GRIEVANCES An employee shall include all current grievances in one grievance procedure_ To the degree practicable, grievances shall not be duplicated. If several grievants wish to present grievances which are the same or substantially similar, such grievances shall be joined in one proceeding by mutual agreement of the .grievant or grievant's representative anal 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 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 shalt 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 shalt 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 Personae{ Office. Deliberations Of the committee shalt be informal and shall provide a full and fair hearing of the grievance and proposed solutions. The city shall provide the committee with suitable facilities and reasonable secretarial .support. Each party shall bear its own costs for any expenses involved in calling witnesses or producing desired evidence. ARTICLE VI —. MISCELLANEOUS PROVISIONS SECTION 19 CONSTRUCTION This resolution shall be administered and construed as follows: a_ Nothing in this resolution shall be construed to deny to any person, employee, .organization, the city, or any authorized officer, body or other representative of the city, the rights, powers and authority granted by Federal or State law. Page 7. e b. This resolution shall be interpreted so as to carry out its purposes as set forth. in Article 1. SECTION 20 SEVERABIUTY 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 RONNERT 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 RESOLUTION OF THE C6UNCIL OF.THE CITY OF R07ERT PARK OUTLINING POLICY FOR PROVISION OF FRINGE B=FITS TO PERMANENT PART -TIME EMPLOYEES WHEREAS the Council finds -and determines that it is appropriate to extend oertain fringe benefits to permanent part -time employee's who are employed on a year round basis, and f 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 obligation as a responsible employer to provide the. fringe benefits on, a pro-rata basis to permanent part -time employees who work year round. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park that effective immediately the City Manager be and is hereby authorized to extend 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. 5. Vision care on a pro-rata basis.. 6.. Residency bonus on a pro-rata basis. 7. Non- smoking premium on a pro-rata basis. 8. Salary continuation - Standard Life Insurance Company -cn a pro -rata basis. 9. Life insurance - Standard Life Insurance Company -on a pro -rata basis. 10. Health and medical coverage and life insurance- REMIF -on a pro -rata basis. 11: Dental care benefits on a'pro-rata basis.. 12. Pro -rata basis will be determinex by the amount of time that the employee regularly works. Pro-ration shall be done on a one -half or three-fourths basis only with permanent part -time employees having to put in at least 20 hours weekly minimum on a regular basis to get the half -time contribution towards fringe benefits and employee having to put in at least 30 hov7es. . 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 a one -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 depents covered. BE IT FURTHER RESOLVED that the C9& ffirms the city policy of not extending fringe benefits to season t' employees who are employed for six (6) months or less. e` DULY AND REGULARLY ADOPTED thi 111 #h: dag�o A- ust, 2980. it t AYES: (3) Carbone, Cavalli & Robert '. ROHM NOES: (0) None ABSENT: (2 Hopkinsp tewart �' Mayor o-Tenp ore ATTEST: Citv Cl ,�'' 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 appropriacen b ess Of updating certain employee 'benefit plans in order to provide for any changes; and WHEREAS, the City's existing "Disability Wage Plan" '.as. instituted on August 1, 1972 and has not-been updated since that date; and WHEREAS.. City staff has conducted a review of the City's existing "Disability Wage Plan" pamphlet and feels it is appropriate to update same; and WHEREAS, revisions have been proposed to said "Disability Wage Plan "; and WHEREAS, said revisions have been discussed with the employee organizations as required by the meet and confer Laws of the State and said revisions have received approval by said employee organizations; and WHEREAS, the Council has reviewed the revised "Disability Wage finds it satisfactory- 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 Chit AQHN RT_PARK• Mayor ECK AYE HOLLINGSWORTH AYEHOPKINS AYE PELL AYESPIRO AYE AYES 5 NOES 0 ABSENT O ABSTAIN U it Section I- 2. 3. 4. 5. 6. 8_ 9- 10 11_ ]2. J3- 1.4_ 15. 16- 17. 18. 19. 20. 22. 23. 24. 25. 26. I- 2. TABLE OF CONTENTS Title DISABILITY WAGE PLAN Purpose Eligibility Length of Service Schedule Periodic Increase in Benefits Benefits Renewal — 26 Week Rule How Benefits Are Calculated Active Work /Authorized Leave Requirement Proof of Claim Notification Required Absence Reporting Conditions Covered Conditions Not Covered Pregnancy or Maternity Leave Paternity Leave Light or Limited Duty Effect on Vacations Sick Leave Without Pay Holidays During Disability Effect on Retirement Sick Leave Benefits Misuse Temporary Layoffs Long Term Disability Employee Death Changes in Plan Non - Discrimination Additional Information INDUSTRIAL DISABILITIES Separate Schedules Effect on Workers' Compensation Page No. 1 1 2 3 3 3 3 3 4 4 4 5 5 6 6 6 6 6 6 7 7 7, 7 7 7 8 8 DISABILITY WAGE PLAN I _ PURPOSE One of the greatest concerns of any of us who work at a regular job is the possibility of lost income during periods when we are prevented from working because of illness or injury_ Recognizing this, the City for many years has continued in full or in part, the pay of regular employees during such periods_ On August 1, 1972, the standard "sick leave' plan was replaced by a Disability .Wage Plan_ Effective this Disability Wage plan was updated and is described in this pamphlet. The Disability Wage PIan is one of the most important benefits you enjoy as a regular employee, yet it costs you nothing_ It is a. benefit paid for entirely by the City_ Your obligation is to notify your supervisor or theTersonnel 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; 2J City Attorney 2.6 Limited Service Personnel: 26.1 Temporary or seasonal employees employed by the City_ 26.2 Part time employees paid by the hour or day_ Sick leave shall not be considered as a right, which an employee may use at his/her discretion and shall be allowed only in case of actual sickness or disability_ No punitive actions shall be imposed on-employees taking justifiable sick leave_ 3. LENGTH OF SERVICE SCHEDULE - If you a regular employee and are ill or disabled as a result of non - work - related* circumstances, your pay will be continued by the City in accordance with your length of service under the following schedule: (For all eligible employee except Public Safety Ofhcer/Coniamunity Services Officer hired after August 1, 1989.) Completed Months Week's Benefits. (PLUS) Week's Benefits of. Service at Full-Pay at Half Pay 3 0 1 b 0 2 9 0 3 Completed Years Week's Benefits (PLUS) Week's Benefits Of Service at Full Pay at Half Pay i 1 4 2 2 7 3 3 10 4 4 13 5 5 16 6 6 19 7 7 ` 22 8. 8 25 9 9 28 10 10 32 J 1 11 31 12 12 30 13 13. 29 14 14 28 15 15 27 16 .16 26 17 17 25 .18 18 24 19 19 23 20 20 22 21 21 21 22 22 20 23 23 19 24 24 18 25 25 17 26 or more 26 16 For all Public Safety Officer /Community Services Officers hired after August 1, 1989: Hours Earned . Hours Earned Maximum Hours Monthly Annually of Accumulation 8 96 1,200 *For application of the Plan to work - related injury or illness, see page 8. 4_ PERIODIC INCREASE IN BENEFITS 4.1 At the completion of each employee's (except Public Safety Officers /Community Services Officers hired after August 1, 1989) established anniversary "year of service", benefits will be increased in keeping with the appropriate length of service schedule_ 4.2 For Public Safety Officer /Community -Service s Officers hired after August 1, 1989, at the completion of the employee's established monthly anniversary, benefits will be increased in keeping with the appropriate length of service schedule. 5. BENEFITS RENEWAL — 26 WEEK RULE Whenever a regular employee has worked-twenty-six (26) weeks or more since their last reported injury /illness, the maximum amount.of benefits is renewed automatically in accordance with length of service. An employee is always eligible for the rnaxirnum'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 L;EAVEREQUIREMENT 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 ofphysicians employed by, or approved by, the City. 8.2 The City may require an employee to provide a medical doctor's statement prior to permitting the employee to return to work following the use of any sick leave- 9. -NOTIFICATION REQUIRED When an employee becomes ill or disabled, the employee must give notice immediately to the employee's supervisor or the Personnel Office_ Normally, the employee's sick leave benefits will not start until the day such notice has been received by the City. Employees are also asked to notify the City as soon as possible when they expect to return to work. Notice may be given by telephone, letter or message delivered by a fellow, employee_ It is important, however, that the employee's supervisor know when the employee may be expected to return in order that reassignment of temporary replacements may be handled in an orderly manner_ ` /y y 3 g 10. ABSENCE REPORTING In all instances when an employee is absent from his /her scheduled work more that fifteen (15) minutes, an Employee Absence Report form must be properly submitted. 11. CONDITIONS COVERED 11.1 An employee's non- industrial illness or injury. Leaves.of more than five (5) days for . this reason requires a doctor's certificate indicating absence from work was necessary_ At the City Manager's discretion, a doctor's certificate may be requested:for-illnesses of less than five (5) days; 11.2 An employee's non - industrial dental, eye or other physical or medical examination or treatment by a licensed practitioner. Leave for this purpose may be limited to four (4) hours in any one working day at the discretion of the department head; 11.3 Providing .necessary care for an ill or injured meinber of the immediate farriily. Absences of more than one (1) days for this reason require a doctor's statement indicating that the employee's presence was required. Leaves for this purpose are limited to three (3) workdays; 11.4 Family Care Leave: Employees may request an unpaid leave of absence (family care leave) for a newborn or newly adopted child, or to care for a seriously ill farriily 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; 122 is due to intoxication, or the use of narcotics or habit forming drugs; 12.3 resulted from participating in a criminal act; 12.4 resulted from participating in a riot; 12.5 resulted from working for an employer other than the City,' 12.6 during a layoff, leave of absence or disciplinary suspension; and/or 12.7 after a termination date. 13_ PREGNANCY OR MATERNITY LEAVE 13.1 A regular employee shall be entitled to utilize ill pay non - industrial sick leave benefits and other accrued leave on the same basis as other employees who are temporarily disabled due to a non - industrial illness or injury. For those employees who have over one (1) year of continuous service, that. eroptoyee 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 (I) year of service shall be entitled to utilize any accrued half pay non - industrial sick leave benefits arrd 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 shal l commence upon certification fronn 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; 114 An employee may be absent from employineint for a reason able.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. Dialing this period of time, the employee may utilize .any accrued vacation time. Unpaid leave shall 'be granted only for disability due to the pregnancy, the subsequent childbirth, or other termination of the pregnancy_ No such absence without pay shall be granted until the employee has exhausted all accumulated full pay, or as specified, half pay non- industrial sick leave; 13.5 Upon expiration of approved.leave, an employee shall be reinstated to her former position or to a comparable one unless reinstatement.to the former.or comparable position is not possible because of legitimate business reasons uiu elated 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 Ieave shall be granted or denied on the same basis as I. eaves for other employees. 14. PATERNITY LEAVE Regular employees may request a paternity leave of absence following the birth of a child in accordance with any applicable Memorandum of Agreement or Outline of Conditions of Employment_ 15. LIGHT OR LIMITED DUTY Regular City employees who are.injured or ill from either on-the-job (industrial) or off-the-job (non- industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. Such assignments may be temporary or permanent. They may involve duties that differ from the normal work duties- of the employee. Such light, limited;. or modified duty shall terminate when the employee is physically or mentally able to perform all his/her normal work duties. . 16. EFFECT ON VACATIONS 16.1 If an employee is on a vacation and becomes ill or injured, the Disability Wage Plan will not apply until the day the employee is scheduled to return to work. 16.2 The disability benefits described herein are entirely separate from any vacation to which an employee's service may entitle them. Under most circumstances, disability absence will not disqualify an employee for eligibility fora vacation. In some cases, however, prolonged periods of disability may affect an employee's vacation eligibility_ IT SICK LEAVE WITHOUT PAY 17.1 If an employee is not yet entitled to sick leave benefits as provided herein, or has exhausted His/her accumulated sick leave benefits, said employee shall be considered on leave without pay 172 In such case of an employee on leave without pay for a period of three (3) days or more, the City Manager's office may at his discretion and on a case -by -case basis grant the employee a leave without pay, upon receipt of such a request in writing from the employee. 17.3 An employee may not use accrued compensatory time to cover-sick leave without pay. 18_ HOLIDAYS DURING DISABILITY If a holiday occurs during a period when an employee is disabled, the holiday will not be charged against the days of disability pay for which the employee is eligible_ 19. EFFECT ON RETIREMENT Accrued sick leave shall not be used to extend a date of retirement from City service. However, any unused sick leave may be applied as service credit towards an employee's retirement account. For additional information regarding this matter contact the Personnel Office or a Public Employees Retirement System representative. 20. SICK LEAVE BENEFITS MISUSE . The City shall revoke pay, sick leave time and take appropriate disciplinary action if the employee using sick leave is not sick or has engaged in private or other public work while on sick leave. 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 layoffs when there is a clear cut. - expectancy that the employee will be recalled to work within a short time_ Any layoff is subject to the American with Disabilities. Act (ADA) requirement that the layoff is for the stated purpose and not a pretext for terminating employee(s) with disabilities_ 22_ LONG TERM 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 Iegal 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 ordiscontinue this Plan at any time. Employees may be assured however that only the most serious circumstances would result in the discontinuance or curtailment of the Plan. Nothing contained herein shall be deemed to supersede the provisions of any applicable State law, City ordinance, resolution, rule or regulation. The City retains and has the exclusive decision - making authority to manage the policies and provisions of this document so long as such exclusive authority is in conformance with any and all applicable laws and statutes. for same. 25. NON - DISCRIMINATION In receiving the benefits afforded by this Disability Wage Plan, no.person shall in any way be favored or discriminated against to the extent prohibited by law because of political or religious opinions or . affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability_ .l 26. ADDITIONAL INFORMATION Employee's seeking further information regarding the administration of this Plan are welcome to contact the City's Personnel Office. INDUSTRIAL DISABILITIES 1. SEPARATE SCHEDULES The benefits which you are provided under the Disability Wage Plan for industrial illness or injury are separate and distinct from the benefits provided for non- industrial illness or injury. You may receive separate disability wage payments for both industrial and non- industrial illnesses or injuries— but not both types at the same time. 2. EFFECT ON WORKERS' COMPENSATION If you become disabled as a result of an industrial injury, Workers' Compensation wilt 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`. day of October, 2007. CITY OF ROHNERT PARK ATTEST: y Clerk Mayor BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE - VIDAK- MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) RESOLUTION NO. 97- 201 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK THAT IMPLEMENTS THE REPORTING OF THE CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS AS ADDITIONAL COMPENSATION FOR ROHNERT PARK EMPLOYEES' ASSOCIATION MEMBERS WHEREAS, the City of Rohnert Paris has the authority to implement Government Code Section 20636 pursuant to Section 20691; WHEREAS, the City of Rohnert Park has a written labor agreement, known as the Memorandum of Agreement With The Rohnert Paris Employees' Associatioq which caW Prurvides for the inclusion of normal member contributions paid by the emplv_ver on behatf of the members as additional compensation; WHEREAS, one of the steps in the Promdure to implement this section is the adoption by the City o the City of Rohnert Park of a Resolution.giving notice of its intention to commence reporting the VAUC Paid member contributions (E 4PQ as compensation for all members of a. group or class; WHEREAS, the following is a statement of the proposed change in reporting. compensation to CAPERS; The City of Rohnert Park elects to pay 7 % of employees' compensation earnable as Employer Paid Member Contributions and rtport the same 7% of compensation earnable as additional Compensation. This. benefit shall apply to all employees that are designated members of the Rohnert Park Employees' Association Employee Organization, This benefit shall be effective on January 1, 1998; NOW, THEREFORE, BE I'P. RESOLVED, that the City Council of the City of Rohnert Park shall implement Government Code Section 20636, Pursuant to Section 20691. by paving and reporting the value of Emplover Paid Member Contributions for all employees of the Rohnert Park Employees' Association as indicated above. DULY AND REGULARLY ADOPTED this November 10, 1997. CITY OF RORNERT PARK _ t. Mt . t ayor ATTEST: n,ORE AYE mAcx,,z,,., AYE REnjLy AYE vmAtc- rtAttsUvgz AYE spttto * A, YE AIMS: 5 NOES:. 0. ABSENT° 0 ABSTAIN: L RESOLUTION NO. 2001 - 270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE, ACTIVE EMPLOYEES WHEREAS, the City has established a, system and pool whereby employees of the City of Rohnert Park may donate and use vacation hours to alleviate financial hardship in catastrophic circumstances; and WHEREAS,. -the City wishes to expand the program to include the donation of compensatory hours; and WHEREAS, the. City agreed in the meet and. confer process with employee groups to. establish' a Catastrophic Leave Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert -Park hereby adopts and approves "Exhibit A" hereby attached as it's Amended ' Catastrophic Leave Program for eligible active employees. BE IT FURTHER RESOLVED that the City hereby establishes this Amended Catastrophic Leave Program and that the City Manager is authorized to administer said program. DULY AND REGULARLY ADOPTED this 11 th day of December, 2001. CITY CITY OF ROHNERT PARK Mayo FLORES: AYE REILLY- AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (S) NOES: (0) ABSENT: (0) ABSTAIN: (0) . EXHIBIT "A" AMENDED CATASTROPHIC LEAVE PROGRAM Purpose The purpose of the .Catastrophic Leave Program. is .to establish a system and pool whereby employees of the City of Rohnert Park may. donate vacation and compensatory hours to a pool for an employee in need who meets the criteria to obtain Catastrophic Leave to alleviate financial hardship. Catastrophic Leave Pool All regular full -time and part -time employees of the City of Rohnert'Park may- donate up to forty (40) hours of his /her vacation time per calendar year into the Catastrophic Leave Pool... The donating employee must have a vacation leave. balance of at least forty (40) hours after the donation of vacation time. All regular, full -time and part-time employees of the City of Rohnert. Park may donate up to forty (40) hours of his /her compensatory time per calendar year into the Catastrophic Leave Pool. The donating employee is not required .to have a compensatory time balance after the donation of the compensatory tune: All time donated wilt 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 of 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. 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 0 RESOLUTION NO. 2004 - 299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING REVISED PERSONNEL RULES AND REGULATIONS WHEREAS, the City-Council initial! y approved on April 1.1, 1966 with the rules and regal ons be Rersonnel Rates and Regulations Administrative Policy No. 1; and 9 presented as City Manager's WHEREAS, the City C Regulations ouncil approved revisions to the Personnel Rules and on April 25, 1983; and WHEREAS, the City Council approved further revisions to the Personnel Rules and Regulations on November 12, 1991; and WHEREAS, the existing Personnel Rules and Regulations require updating to be in compliance with current. state and federal law, and WHEREAS, the City consulted with McDonough Holland & Allen, the law firm representing the City's legal interests, to provide recommendations on drafting revised Personnel Rules and Regulations compliant with existing state and federal laws; and WHEREAS, revisions are proposed to the existing Personnel Rules and Regulations to - ensure legal compliance., provide greater direction to City employees regarding the City's personnel policies, and include policies enacted by the Ci Councit since 1991; and ty WHEREAS, the revisions have been discussed with the employee organizations as required by the meet and confer laws of the State and the revisions have received approval by the employee organizations; and WHEREAS, the City Council has been presented the rev Rules and Regulations and has found them satisfactory isions to the Personnel _ NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park City Council that the Personnel Rules -and Regulations presented as revised and dated November 9,' 2004 are hereby approved_ . DULY AND- REGULARLY ADOPTED this W' day of ATTEST: Deputy City Clerk MORFS: AYE MACKENZW ABSENT SP RAIE IN: AYE �A1C-MAR7'DYEZ: An NORD1Ti: AYE AYES: (4) N0E8: (0) ABSENT: (1) ABSTAIN: (0) CITY OF ROHMER7 PARK Personnel Rules and Regulations CITY MANAGER'S ADMINISTRATIVE POLICY NQ: 1: PERSONNEL RULES AND REGULATIONS Ty OF ROHNERT PARK 3s0nnel Rules and Regulations Page 1 of 39 SECTION 1.- INTRODUCTION . - =----------------- •-------- - - - - -- ---------- - - - - -- ----- ••--- •---- - - -• -- -PAGES 3 _ 5 SECTION 2 _ PAY PLANS AND COMPENSATION ................................ - ---------- - -------------------- PAGES 5 - 8 SECTION 3 - BENEFITS -- ---------------- =---=- - - - - -- =----- = - - - -- ---------- :•-- °---------=--- = - - - -- = - - -•- PAGES 8 - 20 SECTION 4 - IN -HOUSE RECRUITMENT "-------------- --- -- -• -:- --- - -:__- PAGES 20 - 21 SECTION 5 - RECRUITMENT PROCESS .--------------------- ------:._ _:.. ------- :------------------------------------- .PAGES 29 - 27 SECTION 6 - SEPARATION AND REINSTATEMENT ......:: ......... :----------- . :.:. .v_.__"_. PAGES 27 - 29 SECTION 7 - INCOMPATIBLE ACTIVITYICONFLICTS'OF INTER. EST_ : :.__ --------- __._,PAGES 29 - 30 SECTION 8 - DISCIPLINARY ACTION --------------------- --------------- ------- _ --------------- _--------- __..__.::..._.__PAGES 30 --:36 GLOSSARY - DEFINITION OF TERMS_ -------- ------------ --=----------------------- ........ --------------------------- PAGES 36 - 39 . RESOLUTIONS EFFECTING PERSONNEL POIACIES 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) PESO 03-71 - PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE' MILITARY DUTY OR TRAINING RESO 0235. - OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 CITY OF ROHNERT PARK Page 2 of. 39' Personnel Rules and Regulations CiTY OF ROHNERT PARK Personnel Rules and Regulations SECTION 1 - )NTRODUCTI-ON A_ Purpose - The City Manager, as Personnel Officer for .the City or. hislher designee, is charged with the responsibility of the City's personnel practices_ In order to establish an equitable and uniform procedure for dealing with personnel matters and to attract to municipal* service the.-best and most competent Persons available,, to assure that appointment and promotions of persons will be based on riietit and fitness and to provide a reasonable degree of security. for qualified employees,, the following cotes and regulations are established_ 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 experi, professional, 'technical or other services_ 3. Volunteer personnel, such as volunteer auxiliary firefighters and Public- safety reserve officers_ 4• City Manager and City Attorney. 5. Probationary employees, except as 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: rrieet .the definition of regular part -time. employees_ General Provisions - A. The City expressly prohibits discrimination in :employmerit on the basis of •race, religious creed, color, national or ethnic origin, ancestry, mental or physical disability, medical- condition sexual preference, political opinion, political affiliation or on the basis that an individual -is age forty`(40j or over, or. any other basis Protected by federal, state or local taw_ . 2. An employee's work performance will- be evaluated by theist irririiediate su designee at least once a year on a form prescribed -by the Per " .net Office�rr isor of Supervisors will discuss r sor their evaluations in full with each. employee, out{ine'goals and expectations, 'and employee has done an outstanding job and suggest oint out where the ggest ways in whichiob.Performance can be enhanced_ 3_ All months regular appointments include a probationary period as proyidO herein of not less than twelve (12) months for miscettarreous employees, not less. than iwent - €our .. employees, not less than eighteen (18) months .for dispatch employees4) and otsless than eighteen for nageinent (18) months for Public Safety sworn employees. a. Promotional appointments include a probation supervisory employees and twelve (12) mon nod of snot less tia.. r� months for Don- classifications)- _ .4_ Employees. must be physically and mentally able to perform without reasonable accommodation. the essential functions of the job, with or ill'OF ROHNERT PARK rsonnet*Rules and Regulations Page 3 of 39 CITY OF ROHidERT PARK 3ersonnet Rules and Regulations 5. The. Cily reserves the right to amend these rules and agrees to meet and confer with representatives of recognized.ernployee 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. 1Jothing 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_ . D. 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 E_ Persorinef 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 simlar information, medical 'hisiory, election of employee benefits, and employment advancement, appraisal, or discipline- 1. The City maintains personnel files for all employees which contain all records, files and documentation used.to determine the employee's qualifications, performance, promotion, additional compensation, or termination or other disciplinary action: 2. 3. 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; nani6(s) . of dependeiit(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 persormel.fites only.oifa. "need:to.know" basis for legitimate business reasons_ The City maintains a confidential file '16j all employees which contains all medical information about an employee or applicant_ information in- this confidential fite is obtained and maintained in accordance, .with state and federal taw (e_g_ Elie California Confidentiality of Medics! Information Act and fire federal Health .Insuirance Portability. and Accountability Act ( "HtPAA " }_ City personnel have access to confidential rrredical #ices on on a .- needjq.know ".basis for legitimate business reasons_ All inquiries frorii outside "agencies, firms, or individuals concerning personnel will be referred to the Human Resources Department for handling and response_ This includes, but is not limited to, inquiries concerning erriptoyee performance.:or evaluation in connection with new employment opportunities'aiid employment verification checks for financing purposes_ • This procedure applies to both former and present employees_ a: -Absent a written -release from the emiployee, the Human Resources Department 'provides only dates of hire and termination, .position title, and pay range_ b_ Information disseminated to inquiring parties will be extracted from the personnel files in the .Human. Resources. DepartmenL The. Citys written response to inquiries will 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 Rules and Regulations CITY ()F ROHNERT PARK Personnel, Rules and Regulations Any employee who wishes to review, .his or her" personnel records should Resources Department .contact the Department and set up an appointrnent at a.mytually agreed upon time The review muss the dile is s 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 ernpIoyee may request. 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 .1.1gg_5(d) ,as it may, from time to time, be amended: impact records relating to the investigation'o# a arimina! 'offense or letters of reference. b_ An employee is not entitled to inspect carr►plainfs, or investigation of compated that the l the extent aints, concerning an l event or transaction in which fhe employee was involved or particip disclosure of such information would constitute an unwarranted invasion of personal privacy. S. Employees have the right to respond in writing to any evaluation r. Such responses must be submitted within thirty (30) calendar days Of he evaluation ieniepview and file- be' included in. the personnel file records: Destruction of Records - The employee personnel records are considered a- permanent record and all personnel file documents are retained by the City for the duration of the empfoyee's period of employment and for any subsequent period required by law. a. The records of former employees are retained in accordance with the schedule established in Resolution 90 -161_ b. Shredding destroys personnel records that have reached.. the time limit established in Resolution. 90 -161 _ SECTION 2 'PAY. PLANS AND COMPENSATION Classification Plan - 1 _ Creation of classifications_ The City Council, upon recommendation by the personnel Officer, shaft create a classification plan for City employees_ Each position shall tie allocated to a class identified by class title: Positions shall have, the same class. title when "they conform. to the same specification or when the positions' descriptions are sufficiently similar as to qualm- ications, edcieationat requirements, responsibilities, level of supervision, and other characteristics.- 2- Specification of classes-' may, include more than orie .fiosiGon: Each. class. will Rave a specification, which. includes: a concise; .descriptive tille, a. brief deTirtilron, a description of the .essential lob duties . apd responsibilities, a statement of special. requirem .. is:.and a statement of desirable qualifications. 3. Reclassification_ The Personnel Officer is responsible for reviewing the duties_ and res positions and recomniending to the City Council ihe. creatiori>of new classes aril th�asib.iiitbR of existing classes. The Personnel Officer shall review classifications and rnatee• determinations in the following situations: . a- Upon the recommendation of the Supervisor or upon the request of an employee, the Personnel Officer has. ihe right to reallocate a position to a different class whenever its, duties change materially, provided the reclassification .can be accomplished. within, budgel limitations. The Persorinef Officer has the discretion [adetermine when the. iduties hate materially changed which FY OF ROHNERT PARK . rsonne! 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 Herman Resources Department_ ii. Within fifteen (15) working days, the Human'. Resources Department makes an initial determination whelher .the employee's ongoing job duties and responsibilities warrant a position reclassification. Once completed, the Human Resources Depart ment 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 oulside.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 Uuties of. a position so change that no appropriate class for it exists, the Personnel Officer must prepae 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. Salaiy Ranges, Plans and ComQensation - 1 _ Meet and confer_ The Cily will meet and confer. regarding changes to salary rates or salary ranges 'affecting existing employees represented by a recognized employee organization. After meeting and conferring, the Personnel- Officer will prepare the pay plan; which establishes a flat rate.or salary range for .each class. 2_ Changes to salary ranges. When -the City Council changes a salary range for a class, all employees' salaries in the class will be adjusted to the corresponding step in the new range_ 3_ . Transfer.- to another class_ An employee whose position is moved from one class to another class- that has the same- salary range does not'receive a: change. in salary_ When an employee is ir►oved 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 will receive the next higher step. within the paysange 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 for promoted errrptoyees 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 sally),. the Personnel Officer will set the employee's salary within the range of the class to which the employee has. been demoled.'In this event, the employee's anniversary dale 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 eligiblity for other types of benefits and leave accruals. 5. Reclassifications_ An employee. whose position is reclassified. from one class to a class with a lower maximum salary retains-his/her original anniversary date. A reclassified employee retains the salary of the . higher class 'if the .employee's salary at the time of reclassification does not exceed the maximum 'salary for positions of the lower class_ if that . salary does exceed that maximum, the CiTY OF ROHNERT PARK Page 6 of 39 Personnel Rules and Regulations CITY-OF ROHNER7 PARK Personnel Rules ar d,Regulalions 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_ Ernployee. Perforriiance'Review and /Or Evaluation The performance evaluation process is intended to conducted e at least' ' and foster communication between supervisors and employees_ Evacuations should be conducted at:feast annually in accordance with the schedule set forth for that employee's job classification and should tie. based upon position specific performance elements and work standards: The evaluation must indicate clearly whether, over all'performance ' is superior, satisfactory, or substandard. The review process must'provide Jor employee feedback and face -to -face communication_ Results.oi the performance review will be utilized to determine employee's training and development needs - �. Salary adjustments_ Results of the employee's current performance r salary acljusfinents on 'the. employ eview will be used to determine ees .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 e eligible for a salary advancement on their anniversary date_ may not b 2 Fn?ployee review gird response, Employee wit[ be provided with a co evaluation` twenty -four (24.) bours.,prior to the evaluation . interview_ cop of his /her performance. respond in writing to the evaluation report should they so desire. Said responses should be submitted to the reviewer.no later than thirty (ap) days after the evaluation interview_ Contents. of an employee's Performance . evaluation are not subject tb the grievance. procedure_ 3. Copies kept in personnel file_ The employee's complete, on inal, : and sign ed performance evaluation - incFuding any written comments• provided by the employee - is filed in the employee's official personnel file kepi in.ihe Human Resource Department_ D" Pay.P, eriod The tray Period. for all employees: is bi monthly on the 15th and the Iasi day of the month: When the 'l5 or:ihe last dayaf the rr►ontfl falison a weekend or holiday, Pr Friday Alt' :paychecks are tobe'disfributed to the departments and delivered to the employee tby noon on the 15'h or ttie last dayof the.month- 1 Time cards_ Alt employees are required'to keep a timecard and accurately record all hours worked- a- Full-time employees_ Regular full -time employees will be paid for the prior two week period worked. b_ 'Part -time employees_' Regular pert -time and hour[ timecards to the Finance ,Department.on the 5'h and :2Q"` oPart-time he molnthe and will submit their the be following.paydaY for the time submitted_ 2. Direct ,deposit_ Any employee wishing to have their- contacting. paycheck directly deposited may do so b the Finance Department and Trifmg.buI the required document's_ y . __ _.. _. _ ............... ... ....... .. - -.......... ....... ._...__ _.._ CITY OF` ROMERT PARK Personnel Rules and Regulations E- Overtime - Overtime hours must be approved in advance by the employee's direct -supervisor or Department Head. - Overtire 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 iii accordance -with any provisions in applicable memoranda of agreement. F. -Compensatory Time Off - Subject to applicable memorandum(s) of agreement or the outline of: certain employment conditions for non - represented employees, compensatory lime:off.may be.granted in lieu of overtime pay for overtime work performed by eligible employees_ Compensatory time o€f -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 FLSA, in -lieu of the compensatory time off. All exempt personnel must record leaves of four hours or more using the City's "Employee Absence Report" and submit it to the appropriate immediate supervisor. 3_ City reserves the right to pay overtime in lieu of accruing CTO. At the discretion of the City, certain personnel may be paid for all or a portion of overtime worked in lieu of accruing CTO. The City can elect to pay employees for overtime worked if it is determined that an employee cannot reasonably take the CTO without hindering the performance of essential City functions_ 4- Pay -out of accrued CTO. The City retains the right to.pay out unused CTO at all times selected by the City.. The current rpemorandum(s) of agreement or outline of certain conditions 4em.ployment will' reflect accrual information, time, and manner in which any payment for unused compensatory time will be made_ 5_ Payment upon separation. Upon separation, all employees will be paid a Jump 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 to be public holidays: Additionally, the City usually observes any day declared_ by the Governor to be a day of mourning or special observance for State employees. 2. Weekend: holidays_ Generally, when a holiday 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 employees regularly 'scheduled day off, the applicable memorandum of CiTY OF ROHNERT PARK Page 8 of 39 Personnel Rules and Regulations . CITY70F RONNERT 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 qt the conditions of employment or memorandum. of agreement will prevail. 3_ pay at Holiday' pay. Regular .full =lime and regular part-time employees are entitled to receive time off with pay at theca 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 selec employment_ t a holiday as the employee's last day of 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. 13_ Vacation - 1: Vacatior1 policy_ All regular fu!! -lime 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 e number of hours the pa-time employee is regularly scheduled to work_ Eligible employees wilt pad-time 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 req vacation_ This vacation policy is subject uest a scheduled employees_ 10 modification through an applicable MOA for represented 2_. Vacation accrual_ Vacation accrues -for regular full -time employees according to the following schedules established in ,the,.applicable ...applicable. .or Outline of Benefits for the Management and ConfidentralUnits_ 3_ Use of vacation_ An employ scheduled vacation must be approved by his /her supervisor. The smallest amount of vacation rime. that may be used is Y hour (15 minutes)_ An individual may have unused annual vacation leave crried over to the following, calendar .year_ if maximum accrual is reached, fudher vacation accrual wilt stop_ When the employee uses paid vacation time and brings the available arnourit below the cap; vacation accrual wilt resume at the regular monthly accrual. The City may make an exception to the vacation accrual cap in extraordinary circumstances where, due to calm arir(.ear- I of Crijr service, an .employee is required to forego a vacation during the particular . calendar year_ !n 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 days• The Personnel Officer ma in his or her sole discretion, rant such to lake as vacation -- y' 9 requests from lime 10 time_ 4_ .Vacation at termination_. Upon termination, an employee shall receive a lump sum payment for the balance of. accrued'vacaliort hours- Payment for unused vacation shall be made at the rate of pay in effect for such errapbyees. at The time of termination, When termination is caused by the death of the employee, pay for unused vacation shall be .paid to the same beneficiary the employee has des►gnated for'Life Msurance benefits_. 8ene€iciary designation otherwise, shalt be in writing, signed by the employee ancf fled with the. Finance Department; Payroll Office_ Vacation accruals are not paid to employees who are employed by the City -less than six months_ Holidays falling during vacation - When a day designated and observed by the City as a holiday occurs on a day on which. an employee -is taking vacation, such employee shall not be charged as using vacation for that• day_ The employee's com he/she shall not:be . pensation for that day shalt. be holiday pay and paid or charged for vacation_ This holiday policy is subject to modification through an applicable M0,4 for represented employees_ ATY OF ROMERT PARK 3ersonnel Rules and Regulations Page 9 of 39 CiTY OF ROHNERT PARK Personnel Rules and Regulations 6. Illness during vacation. It an employee becomes ill or is injured while on vacation, the time off will still be counted as vacation time and not sick time_ 7.. Vacation accrual during leave of absence_ Employees who are off work on a paid leave shall continue to accrue vacation during the leave period__ Employees who are off work on an unpaid leave shall no longer accrue vacation after ninety (90) calendar days: C_ Sick Leave - 1 _ Eligibility. Regular full -time and regular part -.time employees are eligible for sick Leave in accordance with the applicable MOAs. Unrepresented, confidential, and 'management employees. eligibility for sick leave is -specified in the applicable City resolution outlining their conditions of 'erriployment, benefits and salary adjustments. 2. Accrual. Sick leave shall be accrued in accordance with the applicable MOA's or Outline of Benefits for the Management and Confidential Units= 3.- Use of sick leave- a-' To qualify for sick leave, the employee must report his /her illness or injury to his/her supervisor at the beginning of any sick leave period and daily thereafter'- unless: otherwise arranged_ The supervisor may require a written statement from the employee's health care provider verifying that the employee is or was incapacitated and unable to perform his/her duties. Any absence of five (5) days or more for sick leave will require a certification from a health care provider. b: Sick leave may be taken for an employee's personal; non- industriat-iliness'or injury_ Additionally; the employee may use up to one -half his /her yearly paid sick leave accrual (based on calendar year) to attend to an illness of a child, parent, spouse, or domestic partner of the employee or the. child of the employee's domestic partner_ c. An employee may use sick leave for medical examinations and appointments provided; however, that such leave time may be limited to four (4) hours in any one- working day at the employee's supervisor's discretion. . d_ An employee requesting to use paid. sick leave must specify whether the use is for persona! illness .or to care for a family member_ In the event that an-em pbyee e)Fhausts tits/her paid . sick leave, he /she may be entitled to additional unpaid leave under =the Family and .Medical. Leave Policy. e_ Any employee who is absent from work on sick leave shalt not engage in work. or other activities at any 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) calendar.days- 5.. Accumulation. Accrued sick leave may be accumulated to .the limits described in :fhe applicable of Agreement. 6. 'Sick leave and Workers' Compensation disability payments_. i Air employee receiving temporary disability payments under the Workers' 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 his /tier 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 ROHNtR7 PARK Personnel Rules and Regulations 5- Bereavement Leave - 1, to the case of death within the immediate family of an employee, the employee shall be. entitled to three (3) days of paid leave_ An' additional two (2) days of sick or vacation -leave may be taken upon approval of the employee's supervisor if the employee must travel one way) - out of .the area (at least 250 miles 2. Immediate family in this case means: spouse, domestic partner, father, father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -in -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 hislher designee. The employee's supervisor may require proof of death of the Pierson(s) for whom the employee is taking bereavement leave, 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 becomes aware of his/her obligation and provide. a copy duty at soon as he /she of his /her mitifary orders. 3_ compensation_ Employees on temporary military leave will be paid their normal salary for the first thirty (30) calendar days while engaged in the performance of ordered military duty_ Pay for such Purposes shat{ not exceed 30 days in each fiscal year_ If the employee's military leave exceeds thirty days, the Giiy wit! continue to pay the difference between.tbe employee's normal salary an -the.total of his/her military compensation if the employee is called -lo active dtity as a result of a declaration of emergency, war, or as necessary for hornetand security as declared by the President of the United Slates, Secretary-of- Defense; Secretary of Homeland Security or the Governor of California: In such cases, the. employee shalt submit his /her military earning statement to the Finance Department; Payroll Office to assist in calculating the employee's salary-. no event wit! the employee be compensated in excess of. hislher normal City salary_ .Alt other military leave is unpaid excePt-where rtecessary�to mainfain exempt status under the Fair Labor Standards Act_ Employees may elect to use any other accrued paid leave time e.9- vacation) during unpaid military leave_ Employees will receive any merit and /or general sala during military leave_ ry increases for which they become • eligible 4- Benefits_ Health insurance... Alt heaffh insurance benefits will rem n in place while the employee is in a Paid military teave.status as indicated in. Section 3 above. For employees in anon pay status, all health insurance benefits ;will continue for a period of 92 workweeks on the same terms .and conditions as if the employee were not on a leave of be absence_ The 12 workweeks would be calculated based on the ginning of non -pay status_ Thereafter,. the employee has the option to continue..{iis /her:heaith plan benefits, at the employee's expense, for up to eighteen months: For empMyees:both. in a paid and unpaid status, the benefits shalt be provided in accordance with the Citys apprieabte .agreements, outlines, rules, policies and federal laws_ Such:berfefits may be subject to individual plan.Provisions., dares and all stale and b-. Pension plan benefits.. During any period of paid leave, - the City will pay the employer anal. employee contributions to CaIPERS_ Additionally, employees returning from rrtilitary Leave are. entitled to pension benefits that accrued during military seryice atid'to any CaIPERS contrbutions :ITY OF ROHNERT PARK 'ersonnet Riles and Regulations Page 19 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 it 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 certainty 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 wilt 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 lime frame is impossible and then the employee must report as soon as. possible. b_ For military leave of more than 30 days.but less than 181 days, the employee must report for ieemploym,ent within 14 calendar days' following.completion of service, unless reporting within such time frame is impossible and then the employee must report as_soon.as. possible_ c_ for military leave greater than- 181 days, the employee must apply for reemployment within 90 days of completion of the service-, F. . Family And Medical Leave - 1. Eligibility_ Family and medical leave ( "FML ") shall be granted in accordance 'with:the provisions of state and.federal law. All employees who meet the eligibility criteria stated in this policy are entitled to take an unpaid FML. To qualify for FML, an employee must have been employed by.the City fora period of twelve' Mon the and have worked for at least 1250 hours during the 12 -month period immediately. preceding the leave. FML. may be granted for the following reasons: (1) the birth of a child to an emplo yee or placement of a child vMh an employee irr connection with the adoption or foster care,'(2) to care-.for a child, parent, spouse or domestic partner who has a. serious health condition;. or (3) for the employee's own serious heaEih-condition Shat makes the employee either unabte 10 .work at all or unable io pertonn brie or more . of the essential functions"of the posiiion'assigned_ 2_ Amount of FML. Eligible employees are entitled to FML iolaring 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.7-thal date_ This: leave .shall. be .concurrent wiith any disability-:leave associated with pregnancy, childbirth; or relafed pregnancy conditions as provided in The City's Pregnancy:Disabitity Leave (PDL) Policy. 3- Intermittent leave_ When medically. necessary (as certified by a health care -provideir), leave may. be taken on an. intermittent or reduced leave schedule_ "Intermitter-it leave" is leave taken in separate blocks of time due to a single event, rather than for one continuous period' of tirnp;., and may include periods of not less than 114 of an h' and up to several weeks. The City may require.an employee CITY OF ROHNERT PARK Page 12 of 39 Personnel Rules and Regulations CITY-OF ROHNER7 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 t work schedule than the employee's usual position - he required 4. Notice of leave_ An employee must provide at least thirty (30) days advance written notice of the need for FML whenever possible. If thirty (30) days notice is not possible, the employee must give notice as soon as possible: if the employee fails to give thirty (30') days advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to Postpone the leave until at least thirty (30) days after the written notice was received 5. Statement of .health care provider. When the leave is for a serious health condition, aheafth care Provider must provide written: certification to support the request for leave. The statement for an employee's serious health condition shall specify the commencement date of the event which prevents the employee from performing the functions of his /her position, the anticipated duration of .lhe 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 parlicipation 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 w-111 not be one who is employed on a regular basis by the City. If the . second opinion differs from the first opinion, the City may. require, at its expense, that the employee obtain a third opiriion by a health care provider approved jointly by the City and -the employee. The third opinion shall be considered final and binding.on the City. and the empfoyee_ A new statement from a. health care provider may be required if the employee requests to the leave requested in the original statement. an-extension The City does not require the certification disclose the underlying diagnosis without Consent from the employee. 6_ Pay during leave. FML is unpaid except to the extent the employee elects to substitute accrued paid leave time_ An employee may use accrued sick leave when the FML is -far the employee's. or the employee's family member's serious health condition. An empfoyee may_sulistitrite 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 maximum leave lime. 7: Insurance benefit premiums during FML_ An employee is eligible for the same instrrarice benefits and premium payments for each benefit during FML 'as if the :empfoyee were 'not. uranc b for s maximum of twelve (12) weeks_ An employee on unpaid leave beyond the twelve (12) weeks is no longer considered on FML and; therefore, it the employee wishes to -continue hea insurance coverage he lttr , or she may do so at his or her expense, at the City's group rates_ The employee must.: arrange for payment of his/her premium contribution, in advance_ A lapse in insurance .coverage will occur if a premium payment is more than 30 days late. 8. Other benefits during FML During any portion'of FML for which an em f leave benefits, the employee will continue to accrue paid leave benefisee Asubstitutes S ot�erpt leave); seni6rity, and other benefits to the same extent that the employee would e. accrue those-benefrts if not on FML Employees on FML are not eligible for holiday pay (e.g: id for- hoiorked) for holidays that fall during FML pa idays.w 9_ Reinstatement_ Except as provided in Section 21.3..7, an employee who. takes FML shall.be'eligible for reinstatement to .the employee's .former position at the former rate of pay. However, i# the position . ITY OF ROHNERT PARK Page 13'of 39 ersonnel Rules and Regulations 1 ;17TY OF ROHNERT PARK 'ersonnel Rules and Regulations is not available due to business necessity, the City may Vislead 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 woik promptly at the end of FML, the employee will be assumed to have abandoned hislb& employment unless additional leave has been approved. 1'0_ 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 erhptoyee 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 hislher job. 12. Other work_ The City shall take appropriate disciplinary action if it determines that an employee has engaged in other work during a FML that is inconsistent with the employee's use of F ML 13. Definition of health .care provider_ A health care provider as used herein means a person holding either a physician's and surgeons certificate under applicable California. law or an .osteopathic physicians and surgeon s certificate under applicable California law or any other individual duly licensed as a physician, .surgeon, or osteopathic physician or surgeon in another state or jurisdiction who directly treats or supervises.lhe.treatment of serious health conditions or any other person who meets the definition of 'others "capable of providing. health care services" as 'sel forth in the federal Family and Medical Leave Act and its implementing regulations. G. Pregnancy Dis ability. Leave - ,I- Eligibility_ Any employee who is disabled from working due to pregnancy, childbirth or related medical conditions is eligible for Pregnancy Disability Leave (PDL). 2_ . Amounf of .PDL.. PDL will be' allowed for the period of disability but not to exceed four (4) months (88 working days toriolf -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 aiternative-position better accommodates the required work schedule_ 3_ Notice of PDL Whenever. possible, an employee must provide al.least thirty, (30) days advance written notice, of the need for PDL tt 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. #o a less strenuous or -hazardous position or to less strenuous or hazardous duties, if such a transfer is medically advisable and can be reasonably accommodated. Where- transfers are made based on-the employee's health needs, the employee will receive the pay specified for the alternate.ppsition. 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 arwd•estimated dates and duration of the disability_ If there is a change in diagnosis, and the dates are either accelerated or delayed, notification from the health care provider is required_ CITY OF ROHNERT PARK Page 14 of 39 Personnel Rules and Regulations s CITY -OF ROHNERT PARK Personnel Rules and Regulations A health care provider's statement must be submitted verifying the need for pregnancy disOr for transfer, stating the following ability leave _ a The date on which the employee became disabled due to pre condition or th gnancy, childbirth or related medical e dale on which the need for a transfer became medically advisable; b. The probable duration of the period or periods of disability or the need fortransfer- and c_ e -statement that, due to the disability, the..employee is unable to .perform one or more of the essential functions of her position without undue risk to herself and, the successful completion of her pregnancy, or that transfer is medically advisable: A new statement may be required it the .employee requests an extension of time beyond that specified in the original statement. Any changes in the information contained in the health care provider's . statement must be promptly reported by the employee to the Human.Resources Department. 6. Use'of accrued leave white 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 Cilys group.rates_ Thcontin e e must s range.for Payment of the premium contribution in advance_ .A .lapse iii insurance coverage W311 occur if a premium payment is more than 30 days late_ 8- Other benefits during PDL. During any portion of PDL for which an employee substitutes other paid leave benefits, the employee will continue to accrue: paid leave benefits :(i ;e_; sick teave, vacation leave); seniority, and other benefits to the same extentthat'the emptoyee would accrue`those benefits if not on .PDL. Employees on PDL are not eligible for holiday pay (i L .e- `pay for holidays worked) for holidays that-fall during the PD g_ Reinstatement. An employee who takes PDL shatl be eligible for reinstatement to her former position at her former rate of pay. However, if the same position is no longer available due to business necessity, the City may, instead offer a job that is comparable in, terms of pay and duties_ If an employee faits to report to work promptly at the end of PDL, the em have abandoned her employment unless additional leave has.been-a pbyee wilt: be assumed to pproved. 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 forduty, . 11. Other work_ The City shatl take appropriate.discipfnary action if it determines that an empl engaged in other work during a PDL thal.is inconsistent with the empl oyee s use of PDL oyee. has _ 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 Catifoinia lava or an osteopathic Physician's and surgeon's certificate under applicable C" atiiornia ta►nr or any other � individual duly licensed tl t physician, surgeon, or osteopathic physician or surgeon iii another state or jurisdiction. who directly treats or supervises the treatment of serious health conditions the federal or anyo }her_petson who meets the definition of others "capable of providing health care service° as ` Family and Medical Leave Act and its implementing regulations s set forth irr _ F Y OF ROHNERT PARK e►sonnel Rules and Regulations Page 15 of 39 ,ITY OF ROHNERT PARK 'ersonnel Rules and Regulations -1_ Work- Related Injury 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(s) of agreement. 2. Reporting accidents' and injuries_ An employee .who is injured . or becomes ill in the course of employment. must immediately report. the incident to the employee's supervisor_ The supervisor must provide an Employees.Claim.for Workers Compensation Benefits form to the injuredtill 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 _ disciptine, .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 employees normal salary_ Accrued leave, hours shall be charged to the extent of wages paid by the City to the employee. 5_ Termination after Work re'latr d.injury_ or illness, unless otherwise prohibited by law; an employee may be terminated after :the heating physician's finding that the employee's condition is' "permanent and stationary" and Ihat'the disability precludes the employee from doing the essential functions of the job_ 6_ Anniversary date: 'A regrilar employee who is absent from work, as the result of a work = incurred injury or illness -shall retain His/her anniversary date. An employee who has not completed the probationary period is ineligible for certification to regular status during leave for a work - related injury or illness and the date for completion of the probationary period will be extended to reflect the amount of 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 - granted; leave without pay during the ' time required for .that appearance, except where necessary to maintain the. employee's exempt status under the Fair tabor Standards Act_ The employee may use accrued vacation, administrative leave or compensatory time for this purpose. J_ Jury Duty, - All regular and probationary employees called to jury duty will be granted a paid leave. A copy of the jury summons must be given to the Human Resources Department. The employee shall receive full pay for the time served on jury' du y, provided the employee remits to' the City all tees :as soon as received by the employee for such duties. Compensation for rinileage'or subsistence allowances shalt 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 RONNERlr 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 tf an employee is required to report fo 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 shaft report directly to jury duty- e an employee is released from jury duty with more than one -half of his/her workday remaining the if employee is required to report to work to complete the regularly scheduled workday - K_ Unpaid Administrative Leave - 1- Eligibility. upon written request of on .employee, the Personnel Officer may approve in wriin an unpaid leave of absence without -pay for a period not to exceed six (6) months_ 9 2 Reason.for.aeave_ Unpaid Administrative Leave will be granted for lhefollowing purposes: a- School visit leave. An employee who is a parent, grandparent, or duty appointed guardian with custody of a child in -a licensed day care faclity.or in kindergarten through 12'n grade will be granted up to .40 hours in a 12- morith period (not to exceed 8 hours in one month) to visit the school site, if ugua cr, prior notice is given to the Personnel Officer- .Additionally, a parent, grandparent, or guardian of. a child may take time off to appear at a school in connection with the suspension of a child_ The employee may use accrued leave for school visRs_ exhausted, the Personnel Officer may allow, if accrued leave is 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 a -required to be- provided to the Personnel Officer on return to the obopnate school official may be b. Voting leave- Any employee, if he or she does not have sufficient time outside of working hours to vote, may request up to tii,6 (2) hours of accrued paid leave either aT the beginning or end of. scheduled working hours to enable the employee to vote_ if the employee has no accrued paid leave, time off shalt be granted without pay except. where necessary to under applicable state and federal wage maintain- exemptions and hour law Domestic violence leave: An employee who is the victim of domestic violence in take unpaid ,leave or use any available paid lime off benefits to ensure his /her health, safety or welfare, of that of his /her.chitd, by. obtaining a Temporary restraining order, a restraining order, or other court assistance_ • Additionally, an employee may take leave to seek medical or psychological treatment,. to obtain necessary. social services; and/or to participate in safety.p�anning or.take other actions: to increase safety_ .The employee must provide reasonable notice of the need for such leave and shall provrde.evidence satisfactory to the Personnel or more of the activities specified in' the Officer ofi Part'crpat►on in one preceding sentence. The' amount of leave provided shall tae in accordance with Labor Code section.230.1_ d. Crime victim assistance leave. An employee who is the victim of a crime, the immediate Tamil member of a victim, a registered dornesiic partczer of a victim, or the child of a regisiereii .domestic partner of a victim may take an unpaid leave or any available paid time off benefits to attend judicial proceedings related to that crime_ e_ Emergency duly and framing leave_ Volunteer firefighters and other take an unpaid leave or use accrued leave to perform timer .e emergency personnel may. may take up to i4. days leave r 9 ncY.duty -. Volunteer firefighters calendar year to engage in trainin The em to ee must Provide reasonable notice to the Personnel Officer of the need for such:leave and shall provide to the Personnel Officer safrsfactory- evidence Of. participation in the eniergencyduty Or Iraining: rY OF ROHNERT PARK rsonnet 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 hisiher discretion_ .Health Insurance Benefits - 1. 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 MOM 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 oilier 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 goverry the plans_ .If there is any actual or apparent conflict between the brief summaries contained in this policy and the terms or limitations of official plan documents, the provisions of the official plan documents will prevail. Employees who wish to inspect those documents may make an appointment with the Personnel Officer for that .purpose. Due to changes in MOAs, terms, conditions, benefit levels and administration requirements may be adjusted from time to time_ 2_ Commencement of benefits_ The benefits described in this-section shall begin the first of the month following the first day of employment or on the date -of -hire if it occurs on the first of the month_ 3. Health insurance waived by certain employees_ The City provides eligible employees alternative medical benefits when the employee has coverage from another source and the employee waives- benefits under the City's plan_ These alternative benefits are described in Resolution No_.96 -203_ . 4_ C.O,B.R.A_ The Consolidated Omnibus Budget Reconciliatiori Act of 1985 (COBRA) requires the City to offer employees and' their eligible dependents an opportunity for, a temporary extensioWof 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 - Disability wage plan: The City provides a disability wage plan to regular .full time and part -time employees_ Benefits and conditions of the plan are more specifically described within the City's Disability Wage Plan document available upon request from the Human Resources Department 2.- Long term disability insurance_ City provides long -term disability, insurance to. regular fult-time .and regular part-time employees- The purpose of LTD' insurance is to provide eligible employees with a percentage-of normal income -when an injury or illness occurs: on or off the job. The City provides: two 'different LTD plans_ The terms of the specific plan can be found in the applicable MOP► or applicable resolution outlining conditions of work and benefits. The terms and conditions.of this benefit may be modified from time-lo time.in the event that the City changes carriers_ When an employee is.receiving'benefits from other sources, the total amount of compensation received by the employee, including LTD benefits, shall not exceed one hundred percent - (100 %) of the 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 c_ ost to all regular full-time and all regular, 12- month pars -time employees, legal dependents, and domestic .partners (per AB 205 effective January 1, . 2005) an employee assistance program_ The program provides access to . professional counselors and therapists to assist employees `in resolving stress resulting from- personal issues, substance abuse, grief or work - related issues_ Any information provided to a counselor 'or CITY OF ROHNERT PARK Page 18 of 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK PersOnnet Rules and Regulations 5. s. 7. 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 $ehaviora! Health at.(888) 371 -1125_ For more information,.conlacl the Human Resources Department. .Health Gare 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 before tax wages for. medical premiurris; co payments; or `out of.pocket medical costs, as. authorized by the Internal Revenue Services and the California Franchise Tax Board_ A regular employee becomes eligible on date of hire. Employee participation in this program is coordinated through the Finance Department_ The tax deferral limits are subject to change due. io,changes in federal and /or state law. Dependent Care Assistance_ program. This program allows etigibfe full -time or part -time employees to tel 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 efigible on date of hire= Employee participation in this program is coordinaled' through the Finance Department_ The tax deferral limits are subject to change due to changes in federal and /or state law_ Deferred income program_ The City participates in a deferred income program now being A administered by National Deferred and 1CM ' This program allows eligible full-Iime or pail-ti .employees to set aside a maximum of $13,000 per calendar year ($14,000 in 2005,$'15,000 in ' me of before tax wades for. post - retirement income-as authorized by the Infernal Revenue Services and the California Franchise Tax Board-.A regular employee becomes eligible on dale-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. . Hepatitis B program_ Below:is an. explanation of the City's Hepatitis B Program_ E pIose the yvho may have to perform.. € "ust aid as a regular -job duty or are in positions which night . expose them to bodily fluids need to be offered the Hepatitis B Program_ Immu ns nization Program per the City's Blood -borne Pathoge 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 Mairntenance.Assistant . Maintenance Heiper Maintenance Worker.t Maintenance Worker 11 'Public Works Services Supervisor Recreation .Supervisor Ai the tim e. of the pte- employment physical, the candidate has a. blood test that lets the City knovr if they Eiave the Hepa(it: .. I R, . p_ At the emPloymenl orientation, Human Resources... Department provides the.new employee (if itiey are in'one of. the jobs classes fisted above) information on,what Hepatitis B is and a check -of €•form, which indicates whether or not they wish the 3 -shot immunizati program_ Haman Resources (HR) togs on in the employee's response in its safety records_ ITY OF ROHNERT PARK ersonnet Rules and Regulations Page 19 of 39 CITY OF ROHNERT PARK personnel Rules and Regulations Employees who wish the 3 -shot Hep_ B series go get.their shots;_inforrn `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_ Emptoyees wish Blue Cross insurance are instructed to.get thew shots.at the County. Health Dept_ and submit their receipt for reimbursement_ It is important that the employees not miss. an appt_ fora 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.addilional protection_ SECTION 4 - IN -HOUSE RECRUITMENT A. Transfer - if an employee is qualified, the Personnel (Juicer may approve the transfer of an employee from one position in the City to another position in the same class or to another. position in a different.class with the same maximum salary- 1. Types of transfers. 2_ a, Voluntary request for transfer initiated by department supervisor.and /or employee b_ involuntary transfer'initirated by the:Personnel Officer to better serve the needs of the City. c_ _ Transfers for disciplinary reasons are subject-to the provisions of Section 8_ d. The Personnel Officer may transfer an erriptoyee to a Blass with P lower maximum: salary. with the consent of the employee, provided the employee possesses.the desirable. qualifications for [fie position to which he /she reassigned_ Process for transfers_ Transfer process and approval is made as follows: :a. At least two weeks prior to the transfer, a notice will be'sent to the affected -employee(s) and bargaining unit(s) stating the nature of the transfer and an explanation as to why,the transfer is necessary_ b_ The employee has a right to respond in writing within five (5) workdays from date of notice.. c; The employee has a right, through their bargaining unit, to file .a grievance within.the time limits established in the grievance procedure_ B_ Promotion — i _ Qualifications. A person may be mooed to a class with a higher maximum salary only if. he/she has the desirable qualifications for the higher class_ These desirable quardi ations ate 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. Internallexternal recruitment_ In' filling vacancies for positions above entry- level, consideration Will first be given to existing City employees_ However,. the Personnel Officer may, recruit from .outside - when the Personnel Officer determines that.appropriately qualified City employees are riot available :to fill the vacancy. .The. City reserves the right-to conduct-an, open recruit-m nt process.to_iitl a- racaricy in a higher -level position or to fill the vacancy by-advanceriieni of' a qual -died empfayee. that currently occupies a lower -level position_ CITY OF ROHNERT PARK Page 26 of 39 Personnel Rules and Regulations CiTY OF ROHNERT PARK Personnet Rules and Regulations 3 _ Request for eligible employees: When a vacancy occurs, the Supervisor may request fist `ai names of persons in City.em a ploy .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 Corripensation, Part S, Section 3. Trainee Program .-In. an effort to provide upward mobility opportunities for current City employeees and to provide employment opportunities to the general public, the. Personnel Officer can add the word . "Trainee° to any classification, within the financial ability of the City, except those represented by 'a bargaining .unit, employed, by the City and to recruit and select individuals to fill positions as deemed appropriate_ 7_ The Ifaining program provides an opportunity for a current employee to gain additional skills'b}r_ a. additional experience in a different classification; b_ additional schooling; C. completion of an appropriate examination; d_ obtaining a State certificate or license in a specific classification. 2. Recruitment .for these positions may be promotional or open as deemed appropriate by the Personnel Officer and the Initial salary would..be up to thirty percent (30 %) below the beginning of the established salary range_ 3_ Transition from trainee classification may occur as early as six (6) months. 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 EFO-gram -The, City may establish an apprenticeship program in partnership with. a #oval 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 L Announcement of Vacancies -'Notices of employment- opportunities in the City will be first announced in house, via electronic.- mail, allowing current employees the opportunity to apply for the : position_ The announcement will also . be posted iri the City offices and publicized in any other ways necessary to attract the best qualified candidates. 1. Open recruitment. The Personnel 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 list the classes in which vacan range, fringe benefits, the cies are anticipated, specify the class title, salary. nature of work :performed and the qualifications -r the class, 'tell When and where to file a equirnf for employment in pplications for employment, and .give information about 'the ..testing, scoring acid selection procedure to be used. ITY OF ROHNERT PARK Page 21 of 38 ersonnet Rules and Regulations iTY OF RO-fNERT PARK i arsonnel Rules and Regulations Applications - Every applicant responding. io a City, recruitment shallfile:an official City. .application.form_ Applications shall be available in -the City's: Human Resources office_ Applications and. supporting. documentation filed with the City are the property of the City_ Any information on the application will not-be made public_ 1- Application form_ The form by which a person applies for a position with the city is prescribed by the Personnel Officer and requires information about the.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_ AppCieatioris and all required documents rriust be filed in the Human Resources Department on or before the final, filing date and time specified in the position announcement- 3. Rejection of applications- The Personnel Officer may disapprove an application, disqualify an applicant in an examination, refuse to place a name on an eligibility fist for any of the reasons fisted: a, lacks any of the requirements established for the examination or position for which application has been made; b_ excessively uses narcotics and /or intoxicating liquors to the extent that they are unable to perform the essential functions of the position; c. an employee that is not physically and /or mentally able to perform the essential functions of- the job, with or without - reasonable accommodation; d_ has made any -false statement:or omission of.anysignificant fact,.or has practiced or attempted to practice I deception or fraud in the application, iii declarations, or iii securing eligibility or appointment e_ has-directly or indirectly obtained information regarding the content-of an examinatiort to which an applicant is not entitled; f. previousiy been dismissed for. cause from apy public or private employririent or resigned to avoid such dismissal; g_ has failed to submit a complete and /or signed application within the spe4 tic time limits; h_ has failed to reply within five .(5) working days from the date mailing; to communications concerning availability for employment; J.-_ has made himself /herself unauaitable 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. res'gnat'ion from City services accepted with prejudice_' 4_ Criminal convictions- Convictions (including plea s of guilty and polo contendere) may disqualify an applicarft-itorn employment by the City. Cririnirial convictions do not necessarily disqualify.individuals from employment with the City._ In detefmiliing whether an in dividual'with a conviction is disqualified, the Personnel Officer will consider the followiing factors_ a_' the employment classification to which the person is applying, including its sensitivity, CITY OF ROHNERT PARK Page 22 of 39 Personnel 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 wiit .not, tie filled: by an indvidual, where that individual would be subject to supervision, evaluation, discipline, or dec' ions.regardirig compensation by a close relative_ No person will serve in a department where- the Sup6Msor is a close relative or in a - division where the division head is a close relative. For a del ri -ition of "close relative," see the glossary of terms at the conclusion of these rules_ 6_ Notification of disqualification. if an applicant is deemed disqualified ;for any of the above reasons, the Personnel Officer will notify the applicant or eligible in writing at'his/her last known address, of the action taken_ An applicant has the right to respond orally or in writing within five 5 working the date of mailing to the Personnel Officer, with no further ri 9 appeal ht to a } days from - Selection Procedure - The method used to select employees shall -be . impartial and shall relate to those subjects which fairly measure the abiliti es to execute the duties.and.responsibilities.of the. classifiicaWn in which the vacancy exists_ Selection procedures consist of one -r spore of the rnett�ods listed below_ The same method shalt be applied equally in a single examination_ I- Application, Information the applicant supplies on. the City's, zkppliiation forin,:ar d any, attachments thereto will be reviewed under the supervision of- the Fitirnan Resources Assisfar►t or hislher designee and the applicable department supervisor_ The same criteria: and point sysiern is utilized for all applicants for the same position. 2 Examinations_ The selection techniques used in the exarninatiorr, [xocess will be imparCral; practical; and related to those subjects which fairly measure the relative capabilities of the applicant - examined to execute the duties and responsibilities of the class, to-which they.seek to be appointed r Examirations- - -- may consist of, but are not .limited to, such techniques' as written tests,: ' perform'. erformance tests, assessment centers, review of personal inierytews, skills and performance evaluations, evaluation of. daily. work performance, evaluation of work samples_ 3_ Documentary evidence_ Applicants for positions are 'required to -provide* documentary ev'Cience of education; training.. or experience_ The City reserves the right to. test the sklt leveE of any-applicant_ 4_ Scoring and rating_ The Per' onnel'Offcer vAl establrsfr.fhe relatiue weights of: examination and _ Other components of a position_ The basis of tfie tfina[ score' wilt be irieluded .in the: job . announcement_ Scoring and rating systems may be numerical or. non- nutnerical.as' dete 'Personnel O ermined by the Officer- .a_ Appointment preference on open/promotional recruitments will be exterideg to an r far City- year employee_ Regular city employees will be granted the followi, y ng-scoring. pref�reiice: l % for :each year of service, with a maximum preference of '10 %_ Depending on ttie,sr orin j'established for the classification recruitment, the preference may. be .expressed as an additions[ percentage or additional points_ See example below for detailed explanation_ =ITY OF RO"NERT PARK Page 23 of 33 'ersonnet Rules and Regulations 'ITY OF ROtfAlEf2T PARK 'ersonnel Rules and Regulations PERCENTAGE :EVALUATION.(samg"e Employee's Total Score = 80 % Years of City Service as,a Regular Employee = 10 (calculates to an additional 10 %) ::Employee's Adjusted Total Score = aO% 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_ In. such a case, the employee shall receive the actual score. calculated above ,the maximum and be ranked accordingly: Specifically; for the examples listed above; the employee achieving the maximum score on the percentage evaluation would: receive a total score of 100% + 10 %. = .1.10 %; and on the point evaluation receive a total score of. 200 + 20 = 220. b_ In accordancewith Resotutior► 2001 -271, the City does not grant preferential status to any select group of persons:when. app1} ih9 for a.posiiion, D. interview Process - 1_ interview bbaids .The-Personnel Officer will assemble and appoint interview boards_ These boards may he eomprrsed•of:privatie citizens,. experts in`the. field members of another agency, City officers, City employees,-akjdlor `bargaining. unit representatives_ 2_ Interviewers: remarks. Interviewers mark :on forms..provided the degree to which, in their .judgment, :. .--each cpndidtie possesses: #he= desired-`qua!ifications_ The interviewer's remarks will be translated into a numerical score_ Scor'ing•�stteet and interviewers- remarks are confidential. E_ 'Eti.ctibitity Lists - After each selection procedure has been completed, the Personnel officer or his/her designee Will prepare ari eligibitiCy•tist containing the names of applicants who qualify for appointment to positions in a parfieuttii class_ 1 _ Ranking: f lace .the harries ;,o tlte.c}tial ed applicants ( "eligibles ") on the eligibility list in the order of their final rari king, as deterrnined,, by -the .selection process, with the highest rated eligible at the top of the list_ If more than oneperson has the.same score, the names will be placed in alphabetical order_ ' 2. Duration. of fist_ The eligrbiGty list .remains in effect for a period of six (ti) months, unless the 'Personnel Of#icei extends. fills period ;.foc,a; period, not to exceed (1) year_ The •Personnel Officer can reduce the period if the list contains tens than 5 names_ In the.everit of early cancellation of an eligible list, the `Personnel Officer ".-notify:.each person_.whose name appears on such list to this effect via mad to liisther fast icnowri: address. Thi; .Aptice is to inc!ude '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.tl a classification for which the eligible list was originailyestablished; b_ recloest by the applicant for iemoval from the list;.' c_ failure to continue to meet any of the min_ imum standards established for the position for which the eligible list was prepared; CITY OF ROHNERT PARK Page 24 of'39 Personnel Rules and Regulations CITY OF ROHNER! PARK Personnel Rules and Regulations d_ failure to contact the Personnel ONcer within five (5) working days from the date of notice- interview or offer of appointment- e oi an e_ determination by the Personnel Officer that the applicant has violated one or more of the provisions of Section 5_B.4. 4. Vacancies. When a vacancy occurs in a class for which. there :is an eligibility fish,. the Personnel Officer will. transmit the names, and ,all supporting documents, .of all candidates with the top five ran}cing scores on the eligibility tistao the Supervisor for corisideration. Appointment Process - All appointments to position vacancies .wdl be made ui accordance with these rules and regulations_ The power to .appoint and disrr►iss City employe (Personnel Officer)_ es is vested in the City Manager I. 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 if, there is no- eligibility list for the ciassf and it the needs. of the .sery -ice require that the position be fitled.before a selection process.cari be completed_ A prov'isiorra! appoinlee must= . i_ Meet the requirements of !raining and experience estab }abed for the position; . ii_ Not continue for more than thirty (30) days in'the provisional appoinfrrrent alter an eligibility. list for the position has been established :.untess.lhere are' no eligibles. on sucFi eligibility list ' who are available for or who wish• to.be• considered for appointment to the position; The Supervisor may. submit a written request and jastificatron to the Personnel Officer to extend the provisional .appointment in six(6) month' iri6reinents: No more:tharn two (2) extensions may be granted for each provisional appointment_ b_ Emergency_ In an emergency which threatens life, property; or the. operation of necessary municipal services, the Personnel. officer may-em more than thirty (30) calendar days_ ploy air individual not on the eligibility list for not 3_ :Pay A new' appointee shall receive the minimum salary .for the. cla allocated, except that. ss to. which the position is i_ In cases of extreme difficulty in 616 . a, position, - the Personriei' Officer may approve appointment at a salary above the mir :mum- � to such eases, all 'recumbent employees: in the class to which the appointment is made shat! . be "placed on� et. feasf the same step . of the satary.range as the new appointee- or In hiring- exceptionally qualified personnel, the Personnel Officer may apf>tove a ppantinents ata salary above the minimum-for the class: Conditional Offer of .Employment - An offer of employment is ' u g pon.the-resulis of--the following: 1_ Reference checks. Prior to conducting reference inquiries.a sign a release allowing the City to acquire information about the applicant employee will be required to pplicant from former. employers_ ITY OF ROHNERT PARK Page 25 of 39 ersonnel Rules and-Regulations sITY OF RO"NERT PARK 'ersonnel Rules and Regulations 2_ Medical examination_ Applicants who have been.offered a regular position with the City are required to participate in a pre - employment physical. Each job classification has specific physical-standards and are reasonably related to job requirements. The city:rs notified only that the prospective employee is medically qualified, conditionally qualified or -disqualified; no other medical information will be. released_ 3_ Fingerprints and criminal bactcground . check: All persons employed by the City will be fingerprinted and.taw enforcement. records checked'for past criminal convictions_ information thus obtained will be. confidential_ Employment of, and continuation of service of employees with a criminal conviction must have the approval of the Personnel Officer as stated in Section 5. B_4. M. 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 lwelve.(12) months for miscellaneous employees, riot 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 nowsupervisory employees and twelve (12) months for supervisory employees (includes management classifications)_ 2. Leaves of .absence during` probation_ If an employee is absent from work for longer than five (5): working -days during the probationary.period, the City•may extend the probationary period an amount of tir ie equal to. the days ireiissed if necessary in order to properly evaluate an employee_ 3- . Extension of probation period. All efforts wilt be made to" sufficiently evaluate the probationary employee during,t ie assigned period. An extension of the probationary period may, however, be recommended by the supervisor andfor .Personnel Officer when cause exists_ if additional time is needed to evaluate the employee, the supervisor or Personnel Officer can .extend the probationary period for an additional period not to exceed.three (3) months_ '_a_ 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 probationary period: (rave no right to hearing or appeal_ Notification of rejection must be served to the 'probationary employee in writing_ 5_ Promoted employees.. A "promoted employee who does riot successfully complete the probationary 'period Will be reinstated to his-or her former position or to 'a comparable position. if, however, the employee is discharged for cause,-fhe employee has no right to reinstatement_ 6. An employee. who successfully completes a. probation period achieves regular status in his /her. class and is known as a regular employee_ CITY OF ROHNERT PARK Page 26 of 35 Personnel Rules and Regulations CITY 'OF ROHNERT PARK Personnel. Rules and Regulations SECTION z'- SEPARATION AND REINSTATENtENT 4n employee may be separated from employment by resignation, dismissal,. retirement; or .layoff on account'of ack of work or tack of funds_ The dismissal for cause of regular employees will be in accordance with the provisions of Section 8. Other separatiorrprocedures and reinstatement procedures are set forth below- I%- Separation:and /or Resignation = An employee wishing to resign is required to notify his /her supervisor in writing at least. two weeks .prior to. then intended leave from Cif em to ment: !R co resignation will be.given to. the Personnel Officer and then placed in the..emp oyee's personnel file- the ile wrrilen 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 letter will also be placed in his/her personnel file. 2. An employee who leaves employment without so filing a written resignation and giving two (2) weeks notice, as required above, will have this fact noted in his/her file and maybe denied future employment by the City- 3. Reinstatement =Upon application of .a former regular employee, who has property resigned, the Personnel Officer may, at his/her sole discretion, approve reinstatement of the former employee as Provided below_ 9 _ An employee separated .fibm 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 classiticalion: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 (6) month period wilt be granted the full benefits they were receiving at time'of separation as if there was no break in service.. 2. An employee iseparziled from the City's employ for over six (6) months 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 faits during a promoEion..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 entitfed'under a federal, state or local law requiring reinstatement -shall be reinstated to his /her former position as provided by law. i�3LN Whenever it becomes necessary to reduce the number of em o economic considerations, chart s in mis Pl yees due to lack of work, ng siori, technological changes, or as determined by the Personnel Officer based on .other factors or wlieii...a °Position -m the dassified services .is to be temporarily or perriianentty aboiished,.tlie Personnel Officer iri!itl notify the Hunt pn Resources Departirierit the number of employ fo be `la }d off or ttie names and hifenber of positions to be abolished_ The. procedures set forth below is'io estaWish equitable standards to regufate such layoffs_ The Guy's decis'w to reduce its workforce is 'a management right, thus no due process or grievance procedures a the decision is not subject to "meet and confer" requirements_ These procedures a l onl to�ry and employees (fun or partaime and rotialion PP Y Y egular P ary enipioyees (initial or promotional /transfer) 1 _ Identification. The Personnel.Officer loathe basis of the administrative needs of the City determines the departments and positions subject to.fayoff_ 2_ Order of layoff: aTY 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_ a 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 shall not include disciplinary .time off without pay or time spent on unpaid leave (unless federal or state law requires it 10 be included in the seniority calculation)_ 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 shalt be resolved by the Personnel Officer, taking into account the past performance, disciplinary actions (it any), supervisor recommendations, and such other. facts as will result in the City. retaining the most qualified and efficient employees_ 3_ Notice_ Employees. shall be given at least ten (10) business days written notice prior to the effective date of the pending layoff. A copy of the notice shall be retained in the employees personnel file. 4. Exclusions_ In certain instances, there maybe exceptions made in the order of layoff outlined above_ These exclusions-would. be made when_ a_ specialty positior ► when qualifications for the posiiion.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 emplbyee.who is scheduled for layoff may offered a.voluntary reduction in classification: to a lower level, job classification.provided he/she meets the minimum qualifications, and %r. obtain proficiency through a short orientation-period. c_ a voluntary reduction by taking early retirement and /or "golden hand shake'. 5_ Retreat rights /voluntary demotion in lieu of layoff_ a. Art employee who would otherwise be laid oft 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 position_ b: An employee who would otherwise be laid off has The right to retreat to another position in .the same elartsifieaf'son:series or:to arty position the employee.has previously betd and. fox which the ..:employee is gt0ifea- that'is occupied' by an .employee of lesser seniority_' The result is that the more senior erhployee "bumps" the -junior employee, who then is entitled to the retreat/demotion Fights 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 ernployee is qualified_ d.. An employee who. wishes to exercise any of the rights set forth i'6this�subsection 5 rnustso notify the Personnel Officer in writing within five (5) business days of receiving the notificaiion of pending layoff_ CITY OF ROHNERT PARK Page 28 of 39 Personnel Rules and Regulations CITY-01 RbimERT PARK Personnel Rules and Regulatibns 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 comd the probationary period in that position. plete 6_ Reinstatement lists_ The. names of regular employees who have been laid off, including those who have accepted a demotion orretreated.to another- position are to be placed. on a layoff reinstatement list by seniority within the classification from which the employees were laid off' employee's name remains on this.tist for.a..period of one :(i) :year from date of layoff an employee's name may be removed for any of the fottowing reasons = a_ Reappointrr►ent.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 1 ;id off employee becomes vacant; or if another position within the carne 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 reinstat layoff, ti ement_ When an employee is reinstated to employment after 'all ts .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 restoreii_: ff an. employee is reinstated to "a: position in which he or she was serving- period at the'ttme.of "layoff; .aTf time on g probationary probation previousTy. completed_ prior to layoff shall be counted towward determrrnrxj:whenthe. probationary period ends- nary - INCOMPATIBLE ACT IVlTYMONFUCTS OF INTEREST �. lncornpatible Activity - Certain activilies: are incompatible with ethical, effective employment All City.employees are prohibited from- with the City_ 'l. Participating iii improper political activity prohibited by the federal Hatch Act or pertinent provisions of _State taw incfuding'the'Caiifornia `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 cor business contacts with the City in, excess of the Conflict of�tereo i who have, or seek to have, Rohnert Park Municipal Code Chapter 260; guidelines established in the 5_ Divulging confidential • information to anyone to whore issuance of such information has not been authorized; or 6_ Participating in any emptoyriient.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 ROHNERT PARK Page 29 of 39 . 'ersonnel Rules and Regulations 31TY OF 13OHNERT PARK 'ersonnef Rules and-Regulations result in a conflict of interest between the employee's- private interests and his/her official duties ,and responsibilities. B. - Outside Employment - City employees are expected to work for the City's bests interests and to devote their best energies and skills to their positions_ - For this reason, City employees are prohibited from accepting outside erriployment that "could conflict with the best interests. of the City or interfere with the employee's ability. to perform his or her City position_ Examples of such. prohibited outside employment- include, but are not limited to: 9 _ jobs /business conducted during the employee's work hours with the City, 2_ jobs /business that prevent the employee. from being available for necessary overtime or emergency work period outside his or her normal working hours when. such overtime or emergency duty is a regular part of his or her job; 3_ business conducted using City facilities, resources or equipment (including telephones; computers, supplies, etc_) SECTION 8 - DISCIPLINARY ACTION City .employees are expected to meet certain standards of job performance; interpersonal interaction, and conduct_ The City may discipline any employee whose conduct or performance fails- to. meet reasonable City standards, i_e: for cause_ Discipline may be imposed for a single incident or for a pattern of conduct_. The specific discipline. imposed is intended to focus.the attention of the employee onthe.perfo mance or:conduct problem and, except in cases of discharge, to encourage changes in behavior_ Disciplinary actions include but are not limited to: counseling, oral rep; imand,.W'ritten repriroaixi; reduction in pay, . suspension without pay, reassignment, demotion, and discharge_ Although..fhe City`generally applies the concept .of 'progressive discipline," discipline may include any one or any combination.ovactl6ns, .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 prior7diseipline.has been imposed_ Only regular employees who have successfully completed their probationary period havethe right -a to hearing and appeal as described in this section_ An employee not covered by this Section may disciplined without .reference to these provisions; such an employee has no protected property interest in his or her employment_ A_ Causes for Disciplinary Action - Any regular employee may disciplined for "good cerise "_ Good cause is defined as reasons including, but not limited to, the following: 1_ Fraud in securing employment; 2_ Incompetence or inefficiency; 3_ Failure to maintain required licenses, credentials, certificates or other conditions for employment as specified in assigned classification; 4. Insubordination; 5_ Dishonesty; 6. Neglect of duty, or inattention to /dereliction of duties; 7_ Violation of City or Department rules and regulations, policies, procedures or generaVorders, whether oral or written; CITY OF ROHNERT PARK Page 30 of 39 Personnel Rules aril Regulations CITYOF-ROHNERT PARK" Personngl Rules and Regulations 8_ Disclosure of confidential personal information of another employee; 9_ Negligent or willful damage to or waste of .public equipment, property or supplies; 10. Improper or unauthorized use of City vehicles or equipment; 11_ Misappropriation, theft, or embezzlement of City property and /or funds; 1.2_ Unlawful harassrnent.or discrimination, or the failure to cooperate with the investigation of harassment, discrimination or.ottier 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, excepl in the case of approved heave; 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, busiress contacts with the City; or seek to have, 11_ AccepFing 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_ equi pment; re to, observe safety regulations and practices, including the use of assigned personal protective equipment' 19.. Discourteous, unprofessional or abusive treatment of the public or other employees; 20. Use of abusive language; 21_ Actual or threatener} physical violence; 22. Conviction ion.(including by plea. of guilty or polo turpirpitu contendere) of a felony or any crime involving morah 23_ Conviction of a misdemeanor (including by plea of guilty or polo 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. i3. Minor Disci€Airie_ . Alt supervisors are authorized to implement .minor disciplinary measures_ Minor dissipiihary actions are not subject -to appeal_ Examples of.mnor discipline include the following- 1-1 Oral rep: m;t'ind_ An Ora! admonition to an -employee whose conduct or performance" must be irroproved..and which details the areas for improvement, the degree of improvement required, and "a' notice that failuree to improve 'could- result in more serious disciplinary action. _ Oral reprimands are noted by the supervisor, but are not documented in the employee's personnel file_ 2.. Documented counseling_ A written memorandum. showing that the supervisor has met with the employee to discuss a specific problem(s) or deficiency and which 'sets forth the recommendations given to the employee to address: the problern(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 performarke.ev cations_ :ITY OF ROHNERT PARK 'ersonnel Rules and Regulations Page 31 of 39 -ITY OF ROH14ERT PARK ?ersonnel Rules and Regulations 3. Written reprimand. A format written notice to an employee stating the specific details concerning the subject of the reprimand, summarizing. previous relMed disciplinary action; it any, and _describing the plan for improvement. A written reprimand shall include. the daie.of the reprimand and a statement advising the employee that continued conduct or. performance at such fevers 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 shall review the reprimand and sign it and then .shall be given a copy of il_ Written reprimands are not subject to appeal, although an employee has three (3) working days following the. date of a reprimand to submit his or her own rebuttal comments, which shall accompany the reprimand iri 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 erriptoyee shalt 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_ Maior 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 wilhout.pay for one (1) or . more working days. "Working days" shall be determined by reference to: the affected employee's nor. mal work schedule. 2_ . Merit decrease. A pay step reduction where.perfoimance 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 of her conduct to required behavior or performance standards and has failed to do.so, or wheie an employee has committed one or more serious offenses for which no other disciplinary measure is appropriate. D_ Discipliiria!y Process —Major Discipline_ Any imposition of major discipline must follow the procedures set forth below. 1- Notice_ A written Notice. of Intent to Discipline.( "Notice of intent ") shall be prepared by the Department H ead�inconsultation with the Human Resources Department_ The Notice-of Intent. shall state_ a- The specific type of disciplinary action proposed; b_ The effective date of the action; c. The specific reasori(s) or cause(s) for the actions; d. A copy of all written materials upon which the .action is.based, and e. Notice that, prior to the imposition of the major discipline, the employee• has the right to respond orally or in writing at an informal hearing to explain why the employee believes the proposed CITY OF ROHNERT PARK Page 32 of 39 Personnel Rules and Regulations CITY-OF R014NERT PARK Personnel Rules and Regulations major discipline should not be imposed. A request for such a hearing Masi be strbmittecl in writing within ten (10) working days of receipt of the Notice of Intent_ 2. Informal hearing (i.e_ Skelly. hearing)_ At the employee's request, an informal hearing will beheld prior to the imposition of majov discipline. This hearing is nol -a'n evidentiary hearing; but..rather an opportunity for the employee to present information as to why the proposed major discipline should not be imposed_ Except by stipulation of the City and the employee, the. hearing shall fake pfai ceWithin ten working (10). days of the employee's request for hearing; and it.:may tie' resche iuted only once at the employee's request_ The following parameters apply to the informal hearing: , a. The hearing shalt be conducted by a responsible person designated by the Personnel Officer_ b- The hearing shall- include the employee, the employee's chosen representative(s) -(reasonable number), and others as directed by the hearing officer_ Absent extenuating circumstances, the employee's failure to appear waives his or her right to such of hearing. c- The hearing shall be tape recorded or stenographically recorded,, and a co jr of the tape recording or transcript shalt be provided to the employee upon request. p 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 shall be attributed to the employee as if made by him or her personalty, and it is the employee's obligation to correct any misstatements) by the representative_ e_ Following the hearing, the hearing officer wilt.make a written recommendation to the Department Head who issued the Notice of Intent as to whether the proposed discipfiine.stioufd be irripased, modified, reduced or dismissed. 3:. Notice of discipline. following the informal hearing if requested, the same Departinent,Head who issued the. Notice of- intent shall consider the hearing officer's recommendation ao. determine :how to .proceed_ ;If he or she decides to dismiss the proposed discipline; written notice of the di smissal shaft be. provided to the employee as soon as practicable. if the decision into -impose discipline either as proposed or.in some modified'or reduced form, a written Notice of Discipline shalt. be prepared_ The Notice of Discipline shall state: a The specific .type of disciplinary action that will be imposed- b.- The specific reasori(s) or causes) for. the actions, setting forth specific `facts. that #orm.the basis for the decision; c_ The effective date of the action; and d. The applicable appeal rights available to the employee pursuant to these Persorinel'RUleS_ Disciplinary action becomes effective on .[he date stated in the. Notice of Disciplinary. Action, notwithstanding an employee's timely request for an evidentiary hearing before ;the Persorrrie! Officer. _- Appeal from. Maior 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 Secfiitirr ,rrr!!st .deliver a written Notice of Appeal to the Personnel Officer within ten (4'0) working days`atier the date of the Notice of Discipline_ . JTY OF R014HERT PARK Page 33 of 39 'ersbnnel Rates and Regulations ;ITY OF ROHNERT PARK ; 'ersonnel Rules and Regulations .2. Employee representation Employees-may represent themselves or be represented by.legal counsel or representatives) of the employee's recognized employee organization_ 3. Evidentiary heating_ An evidentiary hearing before a neutral hearing officer shall be arranged for by the Assistant City Manager or his /her designee and shall, absent exterivating 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. Intentand 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 employees 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 Fight of administrative appeal. b. The hearing shall be stenographically recorded_ c_ Any and all witnesses other than the City s representative shall be excluded from the proceeding until, called to testify, except as mutually agreed to by the employee and the City's representative_ d_ Order of heariogmshait be- i. The. Citys representative, followed by the employee, may make preliminary opening statements_ ii_ The City's representative may present oral or. documentary evidence,. or both, in support of the City's position; the employee may cross - examine all witnesses. called by the City_ iii. The employee may present oral or .'documentary evidence, or both, in support of '.the employees position;' the City's representative may cross= examine all witnesses calted' 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_ Arty relevant evidence maybe admitted if it is the sort of evidence on which responsible persons are accustomed to relying in the conduct of serious affairs_ Orai evidence shall be taken only upon oath. or affirmation_ Hearsay evidence may be used for various purposes;: however, hearsay standing alone and properly objected to shall not be competent to prove a charge. irrelevant and unduly repetitious evidence may be excluded, 'as shall evidence ' that would violate other -employees' rights to privacy and confidentiality of their personal- information_ The hearing officer (with advice - of appointed counsel, if necessary). shalt.rule on any objections made to the admissibility of evidence or otherwise. relating to the conduct of the hearing: f_ 'Following 'the conclusion of. the: hearing, the hearing officer shall prepare. written findings and . recommendations and provide them to -the City Manager_ The hearing officer may recommend changes to the proposed discipline_ However, if the hearing officer finds that tfe ur►derlyirrg fasts giving rise to the charges) 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 :level. of discipline and set forth the facts upon which he or she based such finding_ .1f.the hearing officer finds that none of the charges are supported by the evidence presented, the recommendation shall be that no disciplinary action be taken_ CITY OF ROHNERT PARK Page 34 of 39 Personnel Rules and Regulations CITY-61' ROHNERT PARK Personnel Rules and Regulations 4_ City Manager's I?etermination. The hearing officer's findings and recommendations shalt be forwarded to the City Manager for his. or .her. , review. "The City . oria9er 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:wrifteri findings and recommendations). b.. The City Manager shall issue a decision imposing the _disciplinary action be 'or she deems appropriate and in the best interests of the City_ c. The City Manager's decision shall be in writing and shall be final_ It shall include a co appeal, hearing officer's findings and recommendations and shaft be py of the tiled as a permanent record in the employee's personnel fit--. . d. Notice of the City Managers decision, along with a copy of both the;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. . .Ilse of paid administrative leave_ Nothing in Ibis Section is iritended 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_ 3. Disciplinary Action for specific employees of the Department of Public. Safety, Under .. :California Government Code Section . 3300, the State of California enacted the Public Safely 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 Safetj+ Supervisor (LT), PoblicSafety Division Commander, and Director of Public Safety_ It shatl be the policy'of the City to extend these same rights and privileges to all non - safety members of the Rohnert Park. Public Safety Officers' Association, except those that by their very nature could only apply to peace officers arid /or firefighters_ 'An .subsequent revisions to California Code sections 3300 et s" and Cotirt interpretations of these.statutes.shail''.aiso be binding on the City with respect to non - safety members of the Rohnert Park. Public Safety. Officers' . Association_ For safety and non- safety employees alike, .the phrase - locker, or other space for storage. that may be. assigned to him" as used in Government Code Section 3309 shall include, but' is not firr4ite[f •to, a Public Safety. employee's assigned C.ily vehicle and /or the enclosed .spaces of an em . o ee's asst ned desk or office area. Nothing in this section shall g Preclude the City from tempotarly.re- assigning.a departmental asset to meet a necessary operational requirement- '" OF ROHNERT PARK Page 35 of 39 ersonnel Rules and Regulations aTY OF ROt INERT PARK 'ersonnel Rules and Regulations GLOSSARY - DEFINITION OF TERMS %DMINISTRATiVE LEAVE - Absence with full pay and benefits, ordered by a Department Head or the City Aanager, when. the City's interests require the employee to be away from the job" %NNIVERSARY DATE - The. date, which signifies the completion of each•}iear of service by a regular employee I a position and/or the date -an employee starts his/her probationary period for either original, promotional, or :hange in classification appointments_ kPPLICANT - A person who has successfully completed and submitted an employment application for a >osition for which the City is currently recruiting. %PPOINTMENT - The selection of, and acceptance by, an applicant to. a position in the City service in accordance with these rules. AVERAGE SCORE - Means the combined average of all. relevant, converted, and weighted scores obtained by 3 candidate for a given classification or-position title_ �ALENDAR DAYS - .Consecutive days within a specific time frame and shall 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 list_ CFRA - California Family Rights Act, state taw established in 1993, and is administered by the California 3epartment of Fair Employment and Housing. CiTY COUNCIL - The duty elected governing body of the city- CITY MANAGER The individual appointed by'the City Council to manage all City operations, departments, policies and-rules" CITY SERVICE - The entire empfoymerit•system of the City CLASSIFICATION - A.-group of.positions sufficiently similar in respect to duties and responsibilities, fhat the same descriptive classification title maybe. used to designate each position allocated to that class" The same minimum 4uatifications iijay be, required of incumbents of positions in the class, and the same examinations may be used to choose: qualified employees: CLASStF {CATtON SERIES -.A group of classifications sharing similar functions but differing as to level of complexity, difficulty and4esponsibility_ CLOSE RELATIVE - kelative shall mean. spouse, iather,.father -in -law, mother; mother -in -law, brother, brother in -law, sister, sister'-in - taw, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent- - in -law, grandchildren and relationships in loco- parentis -and close perSorfA relationships, with the approval of the City Manager or. his/her designee. COMPENSATION - Anysalary, fee, or allowance paid to an employee for performing. the duties and exercising the responsibilities of .a position_ DISGtPLINARY ACTIONS - Actions taken with the objective of obtaining employee compliance with rules, orders, procedures, standards of conduct andlor 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 own_ CiTY OF ROHNERT PARK Page 36 of 39 Personnel Rules and Regulations CITY.OF ROHNERT PARK personnel Rules and Regulations DOMESTIC PARTNER Two adults who have chosen.to share one another's lives in an intimate and committed relationship. of mutual caring_ To :be 'eligible both parties must file a ©eclaratan intimate Domestic Partnership with the California Secretary of State_ ELIGIBLE — A person whose name is on an employment list_ ELIGIBILITY UST — A list that contains the.names of qualified candidates, for a specific classification, who have.. completed all examination processes and are ranked, in order of the score or rating received_ EMPLOYEE - Any person appointed to fill an authorized employment position in the City. service_ Elected officials, volunteers, unpaid interns, and those appointed to addisory boards, committees, and service- Else are not employees. The categories of employees are: Regular: A regular employee is one who has passed probation and holds a regularly authorized position With benefits. Regular employees may only be disciplined for cause_ There are 3 types of regular employees: 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; 3o hours per week receives 75% benefits)_ 3. Specially- funded: a person who works in a. regular full or part - €ime position funded by sources other than,City revenues (e.g., federal or state grants)_ Probationary_ A probationary employee is so' omeone in a regular full- or part -time position who is serving a trial period as' provided in Sections 4 and 5_ Special: A special employee is one hired for a special purpose to meet the needs of the City. Special employees include: 1.. Provisional employees — i.e_ an employee. who meets the minimum qualifications for a position and who is appointed on an interim basis until the vacancy can be fitted_ 2_ Seasonal employees - A temporary employee appointed to positions of limited duration.of. not more than six (6) months within a twelve (12) month period_ Seasonal City's benefit programs_ employees do not participate in the 3. Emergency employees — employees hired to meet the requirements of a ared emergency v✓hic threatens life, properly, or the general welfare of the City h emergency ceases_ .and. whose decl position. ceases when the Probationary and Special Employees may be dismissed from such positions or disciplined with or without cause: WRY LEVEL - The initial position in a class series_ - XAMINATION _ The .process utilized to evaluate the relative skills and knowledge of an applicarrt for rospective employment or current employee who has. applied. for a change in classification and. or promotion_ ITY OF RO"NERT PARK . ersonnel Rules and'Regulations Page 37 of 39 :tfl' OF ROt NERT.PARK r °er'sonnel Rules and Regulations techniques utilized may consist of,. but not limited to any of the following: traditional paper and pencii tests, ierforinance tests, skills test, or oral assessment- -EXEMPT - An employee in a specific classification who, according to the Fair Labor Standards Act (FLSA) is. i-xempt from the City's overtime policies . and is compensated for overtime through Administrative Leave, 3ccurnuiated per specifications Will 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 farnly emergencies. In compliance with California Family Rights Act and Federal Family Medical Leave Act- FMLA - Farnily Medical Leave Act, federal law established in 1993 and adminisfered 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, an_d the City Manager or his designee has approved, for which the employee is not paid and has the right 16 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 - Latiri for. "no ' contest.- to a criminal proceeding, a defendant may .enter a:plea of nolo. contendere, in which he does. not accept or deny responsibility for the charges but agrees to accept punishment. NON-EXEMPT- An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA) is to receive overtime pay at 1 %z times normal pay for hours worked over 8; 9;.10 in. a 24 hr_ 'period and / o* any hours worked over '40 hours in a 7 day period, as outlined in the MOA's and /or Outline of Benefits for the Management and Confidential Units_ 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 or 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, and/or temporary_ PROBATIONARY PERIOD - A working test period during which an employee is required to demonstrate fitness for the Position to which appointed by actual performance in the position. PROMOTION - The movement of a qualified employee from one class to another class with .a higher maximum rate.of pay and greater-job responsibilities_ REINSTATEMENT - The re- employment of an employee who has regular or probationary status in a class, who has been. laid off, is returning 'from an an leave requiring- reinstatement,. " oi- who has resigned i.n:good . standing and -who is entitled to preference in appointment to vacancies in that class: CITY OF ROHNERT PARK Page 38 of 39' .Personnel Rules and Regulations CITY OF ROHNERT PARK ,Personnel Rules and Regulations RPEA — Rohnert Park Employees' Associatio_ n. The. tabor bargaining and representation unit for administrative, technical and support employees_ RPPSOA — Rohnert Park Public Safety Officers' Association: The labor bargaining and representation unit for Public Safety Sergeants; Public Safety. Officers, Public Safety Dispatchers, Communications Supervisor, Community Services Officers, Part -Time Dispatchers, and Public Safety Officer Trainees. RULES - The Personnel Rules and Regulations of the City of Rohner( Park as contained in this document_ SALARY — A regular employees 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(.$) 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 DepartmenF.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 )aving 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 startin With the same :alendar day each week_ g 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 F2ES0 03 -235 — OUTLINE OF THE GITY'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.OF 1996 ITY OF ROHNERT PARK ersonnet Rules and Regulations Page 39 of 39 ITY OF ROMERT PARK =rsonnel Rules and Regulations _ . Applications -Every applicant respon€ting to a City recruitment shalt file;an"off; ial City application form_ Applications shall be available in -the *Citys Hurnan Resources office_ Appticalians and: supporting documentation filed with the City are the property of the City: Any information on the application will not be' made public- i. Application form_ The forrrk by which a person applies for a position with the y is prescribed by the Personnel Officer and requires information about the.applicant's training, .experience,.qual "sfications 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 documentsmust be filed in the Human .Resources Department on or . before•. the final. filing date and time specified :in 'the position announcement_ 3. Rejection of applications. The Personnel Officer may disapprove an application, disqualify an applicant in an examination, refuse to place a name on an a .ligibitity list #or any of the reasons listed: a. lacks any of the requirements established for the examination or position for which application has been made- b. excessively uses narcotics and /or intoxicating liquors to the extent that they are unable to perform the essential ]unctions of the position; c_ an employee that is not physically and/or mentally able to perform the es sentiat•functions of- the job, with or without 'reasonable accommodation; d. has made any .false statement:oi omission of .any'significant fact, 'or has practrced'or attempted to practice deception or fraud' in. the" application; 'in' dectarations, or In seciriing efigibity, or appointment; e. has-directly or indirectly obtained information regarding the content.-of an examinat'iorvto which an applicant is not entitled; i. previously been dismissed for cause from "any public or private empfoyri►ent or, resigned to avoid such dismissal; g. has failed to submit a complete and/or signed applicatton.within the specific.fime limits; h_ has failed to reply within five .(S.) 'v' rxking. days 'Rom the elate rriaitWq; to communications concerning availability for employment; J_ has made himself /herself.. "unavailable for . ernopyrnent by requesting' that :histher narne 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'nolo contendere) may disqualify an applicant from employment .by the City . Griliiiria! convictions do not necessary disqualify. individuals from employment with the City:.•ln;deiefmining'whether ati individwal'wifh a caonviction is disquatifted, the Personnel Officer will consider the foliovving factors: a. the employment classification to which the person is applying, inducting r3s sensitivity,. CiTY OF ROHNERT PARK Page 22 of "39 Personnel Rules and Regulations. CETy OF ROMERT PARK Personnel Rules and Regulations b_ nature and seriousness of the conduct, e. 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,.zind g- the presence or absence of rehabilitation or efforts at rehabilitafrort_ 5. .Employment of relatives. A position within the City uvih.not 6e fdeeci.byan individual, where that individual would be subject to supervision, evaluation, disciipline, or decisions.regardinq 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_ S. 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 fast writin n g at iiislher knavun address, of the actio taken. An applicant has the right to respond orally.or, in writing within five (5) working days fr6m the date of mailing to the Personnel Officer, with no further right 'to appeal_ Selection Procedure. - The method used to select employees shall -tae. impartial and shall relate #o those subjects which fairly, measure the abilities to execute the duties and.responsibifiiies'.ofi the classification in which the - vacancy exists. Selection procedures consist of one br more of the n etttoiis IrsEed below The same method shall be applied equally in a single examination_ 1.. Application. Information the applicant. supplies oir the City's at3plication form, and arty. attachments iherei0 will be reviewed under the supervision of -ttie Human. Resoex Assistant or trisfier designee and the applicable department supervisor. The sarrie criteria: and point system is utilized for all applicants for the same position. 2. Examinations_ The selection techniques used in the exanrinafioq, process wit{ be imparErat; practical; and related to Those subjects which fairly measure the retative capabiT�rties.ofi the applicant examined to execute theduties and responsibilities of the class.to -which they.seek.to be appointed Exarriinatiorr ` - - -� may consist of, bu[ are noi.limited to, such techr iques-as writteb" tesis,:persMae inteiviews;_ski�ts and perform mace Tests; assessment centers, review of-performance evaluations, evaluation of daily: work Performance, evaluation of work samples_ 3. Docurnent . , . evidence. Applicants for positions are requited to.'provide documentary evidence of education; training, - or experience_ The City reserves fhe right tore felt the skill level of any applicarr#_ 4_ Scoring and rating_ The Piersonnel 01ficer vin71 establiisEr.fhe ' retative waights .of: examinaticxr and Other 'components of a position. The basis of tf�e tiriat score "writ be- included. in the: job . anr►ouncement_ Scoring and rating systerris may be numerical or non - numerical as. determined by fFie 'Personnel Officer_ a. Appointment preference on openfpromotional recruitments wilt be extended to ariy.reguiar City. employee: Regular city employees will be granted the- folfowing-scbring.prefer.. e- 1% for :each year of service, with a maximum preference of -10 %. Depending on the sing established for the classification recruitment, the preference may. be .expressed as an additional additional points_ ' See example below for detailed ex'planatiori_ percentage or :! fy OF ROHNERT PARK Page 23 of 39 . 'ersonnet Rules and Regulations :ITY OF ROHNEAT PARK 'ersonnel Rules and Regulations PERCENTAGE EVALUATION (samOle) 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%+-J0%=90%,. POINT EVALUATION sample Employee's.TOtal Points = 175 out of a possible 200 Years of City Service as a Regular Employee = 10 (calculates to an additional 20 points 1200 x 10% = 201 Employee's Adjusted Total Score = 175 ± 20 = 1951 'The combination of an employee's perfor'manc -in the examination process and years of service may give the employee'.a higher: score than the maximum possible. 16-such a case, the employee shall receive the actual score+ calculated above the maximum and be ranked accordingly_ Specifically, for the examples listed above, the employee achieving the maximum score on the percentage evaluation would receive a- total score of 100% + TO% = .110 %; . and. on the point evaluation receive a total score of. 200 f 20 = 220_ b, in accordance'vo-th Resolution 2001 -271, the Cily does not grant preferential status to any select group of persons -when applying for a. position. D. Interview Process - 1. interview board$_:. The Personnel t3fftcer will assemble and appoint interview boards. These boards may be: comprised. of,private citizens, . experts in'the.Fiield; members of another agency, City officers, City employees: andfor bargaining .tir}it.representatives_ 2.- . Interviewers. remarks_ interviewers mark on forms .provided ;the degree to vuhich, n'!heir .judgment;: each cartididate possesses . the - desired�d6Wific5tions_ The interviewer's remarks -will-be translated into a numerical score_ Scoring sheet and interviewers"rem.zwks are confidential_ E. Eligibility. Lists - After each selection procedure has been completed, the Personnel Officer or his/her designee will prepare art Oigibility. list contairiing the names of applicants who quality for appointrrieitl to Positions in a particular class_ 1_ Ranliirr= Place the 'names :of the .gitaled_ applicants ("eligibles ") on the eligibility list in the order bf their iinafrariking, as.determined.b..y the'.selection.process, w)th the highest rated eligible at the top'of the list. if more thanone person has the saute score, the names will be placed in alphabetical order. 2. Duration: of., list_ The .eligibility fist remains .in effect fora period of six (S) months, unless the . Personnel fficer :extepds ibis pert dJgr- ..Period. W to exceed (1) year, The Personnel- Officer can reduce the period if the fist contains less than 5 names. In- the:event of early cancellation of an eligible list, the'' Personnel Officer wi llriotify:.each_.person..whose: r►ame appears on such 'fist to this effect via mail to Eiis/helr last known-address. This_riotice is to include 'an explanation as to why. the time frame . has been changed- 3- Removal from fist_ An applicant may be removed from a given eligibility list by the Personnel Officer for any of the following reasons_ a_ appointment to the classification for which the eligible list was originally - established; b. request by the applicant for removal from the fist' c_ failure la continue to meet any of the min)mum standards established for the position for which the eligible list was prepared; CITY OF Ro"NERT PARK Page 24 of 39 Personnel Rules and Regulations CITY OF ROI- NERT PARK Personnel Rules and Regulations d_ failure to contact the Personnel Officer within five (5) working days from the date of notice of an interview or offer of appointment; e. determination by the Personnel Officer that the applicant has violated one or more of the provisions of Section S.B:4_ 4. Vacancies. When a vacancy occurs. in a class for which there :is an elib ity the Personnel Officer will. transmit the names; and ,alt supporting documents, .of all candidates with the top live ranking scores on the eligibility fist to the Supervisor %r corisicieration_ Appointment Process - All appointments to position' Y2iC2ingeS .wilt bei made in `accordance with these rules and regulations_ The power lo.appoint and dismiss Giiy employees is vested in the City Manager (Personnel Officer)_ 1. Vacancy. The vacancy will be filled by appoin"enl 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 if there is no- eligibility list for the class and if .the needs, of the .service require that the position be. filled before a selection process.cari be cori)ptetecf_-A provisiorrat appointee must . i- Meet the requirements of training and experience established for the position; : ii. Not continue for more than thp#}r (3f1) days in 'the provisional aptic5iMment after an -eligibility list for the position has been esfalitished= •unless .there are rip, efigf�iles: on serclt.eligibi -gib list. Who. are available for or who wish'to. lie corrsiciereil:for appointment# to the position,. The Supervisor may - submit- a writ #en regtrest. and- jtistification to the Personnel Officer to extend the provisional appointment in. six (0) month: increments-, No mo. e : than two (2) extensions may be granted for: each pro visionat.appdiritiien<. b_ Emergency. In an emergency which. threatens life; prop". or operation . municipal serv'ices, the Personnel.officer may-em' I ' individual not on ttre elite bit "rty list for no more than thirty (30) cafendar-days_ - . 3- -pay- A new appointee shall receive the 'mirrirnurri salalry .for the.,cFas to inrhich the position is allocated, except that_ i_ In cases of extreme diffcullk in. f�7ting._a. position, the 04sorrnet Ot#icer rrra appointment at a salary approve ary aiiove ihe'miirirnvrri_ in stt incases, all arrcumiient emplpyees,in the class to which the appointrirent is made shatt.be placed cn °.at Feast the same step.of the salary. range as the,new appointee; or ii_ In hiring•exceptionalty qualified personnel., the_ Personnel Officer may approve appointments at a sarary -above the rninitnum•f6r the class . Conditional Offer of Emptoyment - An offer of erriployment is conithgent upon the results of the folfovuing: 1 _ Reference checks_ Prior to conducting reference inquiries .a prospective employee ws�► be regirired.'to sign a release allowing the City to acquire information about the applicant from former employers. ITY OF ROHNERT PARK Page 25 of 39 ersonnel Rules and Regulations ,ITY OF ROHNERT PARK personnel Rules and Regulations 2. Medical examination_ Applicants who have been.offered a regular position with the City are required to participate in a pre - employment physical. Each jolt classification has specific physical-standards and are reasonably related to job requirements. The city is notified only that the prospective employee is medically qualified, conditionally qualified or disqualified; no other medical information will be released. 3_ Fingerprints ;and criminal background cheek. All persons employed by the City Will be fingerprinted and law enforcement records checked for pas! 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 5.8.4. R 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 l, 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 10 His/her progress_ 1. Duration of period. The probationary period is not less than twelve (12) months for miscellaneous employees, riot less than eighteen (18) months for dispatchers, not less than eighteen (1.8) 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. H an employee is absent from work for longer than five (5) working -lays during the. probafionary period, the. City may extend the probationary period an amount :of bile equal io the days missed if necessary in order to property evaluate an employee. 3_ Extension .of probation period- All efforts wilt be made to- sufficiently evaluate..lhe probationary employee durrrtg: the .assigned period. An extension of the probationary period may, However, be recommended by the supervisor and /or Personnel Officer when cause exists_ It additional time is needed to evaluate the employee, the supervisor or Personnel Officer can . extend the probationary period for an additional period not to exceed three (3) months_ ":a- 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. 'probationaiy.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 - probaWrk'my period,bave no right to hearing or appeal_ Notification of rejection must be served to the probationary employee in writing_ 5. Promoted err[pbyees_ . A "promoted employee who does not• successfully complete-the probationary period will be reinstated io his-or her former position or to a comparable position_ If, however, -the employee is discharged for cause, the employee has no right to reinstatement. . 6_ An employee. who successfully completes a probation. period achieves regular status in his /her. Gass and is known as a regular- employee-CITY OF ROPINERT PARK Page 26 61 39. -Personnel Rules and Regulations CITY 'OF ROHNERT PARK Personnel Rules and Regulations SECTION - SEPAR-ATION AND',REINSTATI N ENT 4n employee may be separated from employment by i E;sigriation, dismissal,. retirement; or .layoff on account -of ack of work or tack of funds_ The dismissal for cause of regular employees will be in accordance with the arovisions of Section-8. Other separation procedures and reinstatement procedures are set forth below. A. Separation and /or Resicinativn Art employee wishing to resign is required to notify his/her supervisor in writing of feast. two weeks .prior to their intended leave_ from City. employrrient_ A copy of the written resignation will be. given to The Pe 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 letier wilt also be placed iri his/her personnel file. 2_ An employee who leaves employment without so filing a written resignation: and giving two (2) weeks notice, as required above, will have this fact noted in his /her.fite.and may by the City. be denied future employment 3. Reinstatement -Upon application of, a former regular employee. who has properi}r. resigned ; the provided below: Personnel Officer may, at his/her. sole discretion, approve 'reinstatement - the former employee he as 1_ An employee separated from the City's employ.for s'sX (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 (6) month'period will b' gran #ed the full benefits they were receiving at tirrie _of separation . as if there was no break in:service.. 2- An employee separated .from the City's employ for over six .(6) months -who "is reinstate d'shal1 be treated as a new employee. 3- The City will reinstate into'the position.from which he/she has been promoted any employee .who faits_ during a.promotion to which he/she has'been promoted_ . 4. Any employee who resigns without. proper 'notice or resigns during an irivestigafi on or disciplinary action will not be eligible for .reinstatement 5_ An employee who is granted an authorized leave to which Tie. or'she is.entitted under a federal, state. or local law requiring reinsla #ement•shall.be reinstated to his/her focrirer position as provided by taw_ L_ ayoCf Whenever it becomes necessary to reduce the number of employees economic considerations, changes in miss Pl Yes due to lack of work, 9e ic►n, technological changes, or as determined by•the Personnel Officer based on other factors :or wiieri...a positron in .the .classified 'services .is. -to -be ieinporariy. or Permanently abolished, the Personnel Offiicec vvilf: notify the F1umarr. l esorirces`Departixient the number of employees to be.'laid off . or the ►tames a_ itif nCrmber° of :positions [o be abolished:. The. Procedures se #forth below is to estal lisp equitable standards to'regiillale.sucti fayofits. The`ctys deas#ion to reduce its work.force.is a management right, thus no due process or, grievance.procedures apply,' the decision is not subject to "meet and confer" requirements_ These procedures apply only .16 regular employees (full or part time} and probationary erripioyees (tniaf or. promotroriaUtransfer }_ 1. Identification- The Personnel.Offcer °on.the basis of ;the administrative needs of the City determines the departments and positions subject to..layoff_ . 2. Order of layoff_ :ITY OF ROHNERT PARK 'ersonnel Rules and Regulations Page 27 of 39 CITY. OF ROHNERT PARK ' Personnel Rules and Regulations a. Within. -3 classification, those employees who are probationary employees in their initial probationary period will be laid oft first, followed by employees in .a . promotional or Iransfer 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 Sn City service, in whatever capacity, expressed in terms of years, months, and days. The seniority calculation shall not include disciplinary time off without pay or time spent on unpaid leave (unless federal or-slate law requires it lobe 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. Tie,,, .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 .resutt in the City retaining the most qualified and efficient employees. 3. Notice_ Employees shall be given at least ten (10) business days' written notice prior to the effective date of the pending layoff. A copy of the notice shall be retained in the employees personnel file_ 4. Exclusions_ to certain instances, Ihere maybe exceptions made in. the order of layoff outlined above_: These exclusions.would be made when: a. .specialty position when qualifications for the position could not be easily obtained through a short orientation or familiarization period. b. transfer in lieu of layoff_ Within the affected department or departments, a regular employee.wb_ 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 votirritary reduction by taking early retirement and /or "golden hand shake' _ 5_ Retreat rights/voluntary deriroYion in lieu of layoff_ a. Rn employee who woutd 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 giralificaions for the position_ b: An employee-who would otherwise be laid off has the right to retreat to another position in the same classification :series or: to any position the employee has previously held and. for which- the erripl6yee is q Wtified•that is occupied- by an .employee of lesser seniority. The result is that the moremsenior ernployee 'bumps" the junior employee, who then 'is entitled to the retreat/demotion rights set forth herein. .c_ An employee who would: otherwise be laid off may request to be temporarily demoted to any vacant position'for which the employee is qualified_ d:. An employee who wishes to exercise any of -the rights set forth in this subsection 5 must so notify The Personnel Officer in writing within five (5) business days of receiving the notification of pending layoff_ . CiTY OF ROI- NERT PARK Page 28 of 39 Personnel. Rules and Regulations CtTY'OF ROHNER-r PARtC Personnel Rules and Regutalions e: An employee who reheats 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 posilion_ S_ Reinstatement fists. The names of regular e hav mployees who have been Laid off, including those who e accepted a demotion Of - retreated to another position are to be placed on a layoff reinstatement list by sertiprity Wiihin the classification from which the employees were laid off_ 'An employee's name 'remains on this.: list for. a period Of one .(t) year from `dale of layoff, an ernp)oyee's name may be removed for any of the following reasons_ a_ Reappointment. of the, employee to his /her farmer. classification . b_ Notificatign 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 reinstaterrient_ if the position previously held by a laid Off employee becomes vacant,, or if another Position vuithin the same classification series becomes vacant, then the employee with the rnost 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, atf tiiny Of. u her prior service shalt. be' counted toward the calcufafion of leave accruals and . seniority. Any unused sick leave Which the employee lead accrued at the time of .layoff .shall be restOr&d_': if an employee is reinstated to a..-position in which he or she was serving a Probationary Period;at _lt e't {rrie_of Payoff, all.lime on probation previbusfy.completed. prior.to layoff. shall be counted tovrard tfeie m ning.when'the.probatiionary period ends_ SECTION.7: - INCOMP'ATIBLE ACTIVITY /..CONFLICTS O.F.INTERES.T 4_ lricOdVatible Activity - Certain activities are incompatible with ethical, effective All City:employees are prohibited from: employment with itee.City° 1. Participating in- improper political activity prohibited by the federal Hatch Act or pertinent provisions of State Lav including fhe'Caiifornia Government Code; 2. using :for private gain or advantage the influence of a City position or the facilities, supplies of equipment and the City, cr 3. Soliciting any favors or .gifts from persons; concerns or corporations who have,. or seek ia. 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 wilh the City in excess of Itie Conflict of fnteresi guidelines established in flee Rohnert Park Municipal Code Chapter 2M; 5, Divulging confidential - information to anyone to whom issuance of such information has not been authorized, or ti. Participating in any emptoyment.or other activity, which will prevent an employee from di ong his/her COY job. in an efficient and capable manner, is illegal pursuant to state. or. federal law, or which might -ITY OF -ROMERT PART( Page 29 of 39 . 'ersonnel Rules and Regulations -ITY OF ROHNERT PARK 5ersonnel Rules and Regulations result in a conflict ..M interest between the employee's private interests and his /her official duties and responsibilities_ B.. Outside Employment - City employees are expected to work for the City's bests interests and to devole their best energies and skiffs to their positions. For this reason, City employees are prohibited from accepting outside employment that could conflict with the best interests. of the City or interfere with the employee's ability.to perform his or her City position_ Examples of such prohibited outside employment- include, but are not limited to: 1- jobs/business conducted during the employee's work hours with the City, 2. jobs /business that prevent the employee from being available for necessary overtime or emergency work period outside his or her normal working hours when. such overtime or emergency duty is a regular part of his or her job; 3_ business conducted using City facilities, resources or equipment (including telephones, computers, supplies, etc.) SECTION! 8 - DISCIPLINARY ACTION City employees are expected to meet certain standards of job performance, interpersonal interaction, and conduct_ The City may discipline any employee whose conduct or performance fails to meet reasonable City standards, i_e_ for cause. Discipline may be imposed for a single incident or for a pattern of conduct_ The specific discipline .imposed is intended to focus the attention of the employee on the performance or conduct problem and,. except in cases of discharge, to encourage changes in behavior_ Disciplinary actions include but are not limited to. counseling, oral reprimand, written reprimand, ieduction in . . pay, suspension without pay, reassignment, demotion, and' discharge_ Although the City,generally applies the concept of . "progressive discipline," discipline may include any one or any combination of actions, .and the actions need not necessarily be- applied in a defined order_ Instead, the discipline imposed will.be determined according to the severily of the infraction(s), regardless of whether prior' discipline has been irriposed_ Only regular employees who have successfully completed lheir probationary pet' rod have the right a to hearing and appeal as described in this section. An employee not covered. by this Section may be disciplined without reference to these provisions; such an employee has no-protected property interest in his or her employment_ A_ Causes for Disciplinary Action - Any regular employee may -be disciplined for "good cause "_ Good cause is defined as reasons including, but not limited to, the.following: 1. Fraud in securing employment; 2_. Incompetence or inefficiency; 3_ Failure to maintain required licenses, caredenliats, 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 kOHNERT PARK Page 30 of 38 Personnel Rules and Regulations CIN'OF'ROt- WERT PARK " Personnel Rutes and Regulations 8- Disclosure of confidential personal information of another employee, .9_ Negligerit or willful'damage to or waste of public equipment, properly or supplies, 10. Improper or unauthorized use of City vehicles or equipment; 11. Misappropriafion, theft, or embezzlement of City property and/or lands; 12_ Uniavirluf harassment -or discrirrtination 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. Soriciling 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 th Rohnert•Park Municipal Code Chapter. 2.60; e 18. i= allure to.observe safety regulations and practices, including the use of assigned personal - protective equipment; 19. C3iscourleous, 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 invo[.virrg rnora) turpitude- . 23_ Conviction of a misdemeanor (including by plea of guilty. of polo 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_ B_ . Minor Disci firie. - All supervisors are authorized to implement minor disciplinary measures_ Minor disci m t>j appeal. Examples of minor discipline include the following I my actionsare notsu ect to a 1. Oral repiiriiaind- An: oral admonition to art - employee whose conduct or perforriiance' must be irrrproved..and which details the areas for improvement, the degree of improvement required, and a notice that failure to improve - could result in more serious disciplinary action. Oral reprimands are noted by the supervisor, but are not documented in the employee's personnel file_ 2: Documented counseling.- A written memorandum showing that the supervisor has met with the employee to discuss a specific problem(sj or deficiency and which sets forth the recommendations given. to the employee to ad dress. the problem(s) or deficiency *in order' to improve performance. Althougt't a copy may be sent to the employee's personnel file, documented counseling me6- ands are. typically•mairitained in the supervisor's file. until they are included by notation in the employee's formal. perfo(rrraMe.ev$ ations_ '131! OF R004ERT- PARK ' Page 31 of 39 ersonnel Rules and Regulations aFTY OF ROI-INERT PARK 'ersonnet Rules and Regulations 3. Written reprimand. A formal written notice to an employee stating the specific details concerning the subject of the reprimand, summarizing. previous related disciplinary. action, if any, and .describing the . plan for improvement. A written reprimand shall include. the.dale of the, reprimand and a statement advising the employee that continued conduct or performance at such levels may.resulE 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 appeat, although an employee has three (3) working days. following the.date of a reprimandto submit his or her own rebuttal comments, which shall accompany the reprimand iri. 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 witl be removed provided the employee has received satisfactory performance reviews in the subsequent three (3) year period from date of the written reprimandldocumenled counseling and no further discipline has -been initiated_ The employee shall initiate the request to remove records of manor discipline through his or her'Department Head. The employee's Department Head shall coordinate Ibis 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. Mai or Discipline - Major discipline may only tie implemented by. Deparfinent.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 employe e,'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. positionand reassignment to one of .lower grade or classification. 4. Discharge_ The removal of. an employee from City service when it lias been deterri-)ined 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_ Q_ Disciplinary Process —Major Discipline. Any imposition of major discipline must follow the procedures set forth below_ 1. Notice_ A written Notice. of intent to Discipline_( °Notice ot•intent") shall be prepared by the Department Head in consultation with the Human Resources'Depariment_ The Notice of lnfent.shall state_ .a. The specific type. of disciplinary action-proposed; b. The effective date of the action; c_ The specific reason(s) or cause(s) for the actions; d_ A copy of al! written materials upon which the .action-is based,.a66 . e. Notice that, prior to the imposition of the major discipline, the employee fia's 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 ROiNERT PARK Personnel Rules and Regulations major discipline should not be imposed. A request for such a hearing must be submitted in writing within Een (10)'working days of receipt of the Notice of Intent. 2. lrtfonnal hearing (i_e_ Skelly. hearing)_ At the employee's request, an informal hearing will be. held Prior to the imposition of major,. discipline. This hearing is not an evidentiary healing, but rather an opportunity #or the employee to.preseril . information as to why the proposed rriajor discipline should .noE . be imposed: Except by stipulation of the City acrd the employee, the hearing shall lake p #ace within ten working (10).days of the employee's request for hearing and it may be rescheduled only.once at the employee's request_ The following parameters s-appty to the intorrrral hearing: a_ The hearing shall be conducted by a responsible person designated by the Personae! Officer_ b_ The hearing shall include the employee, the employee's chosen representat- rve(s) - treasonable number), and others as directed by the hearing officer_ Absent extenuating eircumstanc es, .the employee's failure to appear waives his or her right to such a hearing. c_ The hearing shalt be tape recorded or stenographically. recorded,. and a copy of the tape recording or transcript shall be provided to the employee upon request. d. AE the hearing, the employee shah be given an opportunity, either orally or in writing, or both, to bring forward facts or circumstances which may cause the charges io be revised or dismissed. o If the employees information is presented by his or her representative, all statements. tirade by the representative shall be attributed to the employee as it made by him or her personally, and it is the employee's obligation to correct any misstalement(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.Nead who issued tine Notice of Intent shall consider the hearing officer's recommendation to. determine how to Proceed- if he or she decides to dismiss the proposed discipline; written notice of the dismissal shalt be,provided to ttne ernptoyee as soon as practicable. if 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 shall state_ a- The specific type of disciplinary. action that will be unposed; b.- ..The speck reasons) or.cause(s) for the actions, setting forth specific facts. lhaE forrir the basis for the decision; c. The effective date: of the action; .and d-. The applicable appeal rights available to the employee pursuant to these Personnel Rules_ Discipf"urary 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. Maior Discipline,- Any: ;employee on.Whom major. discipline has tieern irriposed shall be entitled to an appealheating.as set -forth below. 1. Tin.iing. .An employee wishing to exercise the wri appeal .rights provided in this SecEion must .deliver a tten: 3�lotic e of Appeal to tbe.Personnet Officer within ten (10) working. days. -Notice © after tine dale of the f Discipline- . � iTY OF ROHNERT PARK Page'33 of 39 ersonnei Rules and Regulations ,ITY OF ROHNERT PARK ' 'ersonnel Rules and Regulations 2. Employee representatiori. Employees may represent themselves or be represented by legal counsel or representative(s) of the employee's recognized employee organization. 3_ Evidentiary heating: 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 (I)- the Notice of Intent and any attachmennts, (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 of 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. N, b. The hearing shall be stenographically recorded_ c. Any and all witnesses other than the Citys representative shall be excluded €rom:the proceeding q. until called to testily, except as mutually agreed to by the employee and the City's representative_ d. Order of hearing shall be. i. The Citys representative, followed by the ' employee, may make preliminary opening S statements_ i ii_ . The City s representative. may present oral or documentary evidence,.'or both; ui support of the City's position; the employee may cross- examine all witnesses called by the City. ' f 'iii. The. employee .may present oral 'or.docunierit evidence, or both, in su Y. pport of the employee's position; the City's representative may crbss= examine all witnesses ceilled'by the employee_ • ii iv_ f"he City s representative, followed by the employee, may make a closing statement_ � d e. The hearing shall be conducted in an efficient manner conducive to determining the issues, however, the technical mites of evidence do not apply_ .Any relevant evidence maybe- admitted if it is the sort of evidenee on which responsible persons are acci.istomed to,refying in the conduct:. of serious .affairs- Oral evidence shall be taken .drily upon oath. or aff oration_ Hearsay evidence ' may be used for various purposes; however, hearsay standing alone and properly objected to shall not -be competent to prove a charge. .Irrelevant and unduly repetitious evidenee may be excluded, 'as shall evidence . that would violate other -employees' rights to " privacy and confidentiality of their personal' informat "ion. The hearing - officer (with advice of appointed counsel, if necessary). $hail rule on • any objections glade' to 'the admissibility of evidence or ' otherv+iise. relating to the conduct of the hearing_ t_' ' .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. , Ho*ever, if the hearing officer finds that fie, underl}npg 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 i€ reasonable minds could differ as' to the. proper level of discipline.. If the hearing officer recommends a. reduction in discipline,. he or she must . matte a specific' finding that reasonable minds could not differ- as to the appropriate Level. of discipline and set lorth the facls 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 shall be that no disciplinary action be taken_ . CITY OF ROHNERT PARK Page 34 of 39 Personnel Rules and Regulations CITY -pF ROHNER! PARK Personnel Rules and Regvtatiorts 4, City Manager's Determination. The bearing officer's findings and .recommendations shall be forwarded to the City Manager for his or her review_ The City Manager will follow the recommendations of the hearing officer unless .he or she can show cause ihat the-bearing officer abused his Of 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;appe.al hearing off and reco icer's written findings 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 shalt be in writing and shall be final. it shall include a copy of the appeal, hearing Officerr's findings and recommendations .and shall be filed as a permanent record in the employee's personnel file. d_ Notice of the City Manager's decision, along with a copy of both ihe;City Manager's decision and the appeal hearing officer's fin dings 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 96 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 Citys best interests_ . �. Disciplinary Action for specific employees of the Department of Public. Safety. Under , Calrornia Government Code Section. 3300, the Slate of 'California enacted the Public Safely Officers' Procedural Bill of Rights (POBRA)_ As defined under California Governrr►ertt 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 Safely Sergeant, Public Safety Supervisor (.LT), Pobfic Safety Division Commander, and Director of Public Safely. it shall be the poticy'o€ the City to extend these same rights and privileges to all non- safety members of the Rohner# Park- Public Safety Officers' ASSOC ation, except those that by their very nature could only apply to peace' officers. arid/6'firefghte #s_ Alf. subsequent revisions to California Dade sections 3300 et seq and Court inter{refations .of these statutes Shall also be binding on the City with respect to non - safety me, embers of the Rolipert':t? ark• F?tiblie -Safety Officers' Association_ For safety and non-safely employees alike, -the phrase 'locker, or other space for storage that rrrayiie. assigned to him' as used in Government Code Section 3309 shall include, but' is not limited toga Public Safety employee's assigned City vehicle and/or. the enclosed spaces of an. errsployee's assigned desk or office area- Nothing in this section snail pre clude the City•from temporariiy.te- assigrimg.a departmental asset to meet a necessary-operational requirement. -1TY OF ROHNEkT. PARK Page 35 of 3g ersonnel Rules and Regulations :ITY OF ROHNERT PARK 'ersonnel Rules and Regulations GLOSSARY - DEFINITION OF TERMS kDMiNISTRATIVE LEAVE - Absence with full pay and benefits, ordered by a Department Head or the City Manager, when. the Cily 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_ XPPLICANT A person who has successfully completed and submitted an employment application for a )osition for which the City is currently recruiting. %PPOINTMENT - The. selection of, and acceptance by,.an applicant to. a position in the City service in accordance with these rules. . AVERAGE SCORE - Means the combined average of all- relevant, converted, and weighted scores obtained by 3 candidate for a given classification or position title_ :ALENDAR DAYS -. Consecutive days within a specific time frame and shalt inctude.weekends and holidays- . ANDIDATE - An appficant 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 eligibiiity list_ CFRA - California Family Rights Act, stale faw established in 9993, and is adminisleie'd by. the California Jepariment of Fair Employment and Housing. CITY COUNCIL- The duly.elected governing body of the city_ CITY MANAGER= The individual appointed by the City Council to manage all City operations; departments, Policies and rules_ CITY SERVICE - The entire ernploymerit•system-o€ the City. CLASSIFICAT ON - A.groxrp .of.positsons .stjfficiently_ similar in respect to duties .and -responsibifites,"fhat the same descrip6ve.classifjcaation We may be. used to designate each position allocated to that. class_ The same minimum qualitications-rriay be,required of incumbents of positions in the class, and the sarrie" examinations may be used to choose. qualified employees. CLASSIFICATION SERIES -.A group of classifications sharing similar functions but differing as to level of emplexity, difficulty and'responsibility_ CLOSE RELATIVt= = Rdaiive shall -mean. spouse, father,.father -in -law, mother; mother -in -law, brother, broitier in -law, sister, sister =in lavv, shlle3 {inctudirig 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. COMPENSATION - Anysalary, fee, or allowance paid to an employee for performing the duties and exercising the responsibilities of.a position DiSGIPLtNARY ACTIONS - Actions. taken with the objective of obtaining employee compliance with rules, 'orders, procedures, standards of conduct andfor 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 oven_ 'CITY OF ROHNERT PP�RK Page 36 of 39 Personnel Rules and Regulations CITY,OF R014NERT PARK Personnel Rules and Regulations DOMESTIC PARTNER - Two adults who have chosen 3o share one arioiher's fives in an intimate and' Committed relationship of rr►uluat caring_ To be 'eligible' bath parties must file a Declaration of Domesiic Partnership with the California Secretary of State_ ELIGIBLE - A person whose name is on an employment. list- ELIGIBILITY LEST - A list that contains the names of qualified candidates, for a specific classification, who..have . completed all examination processes and are ranked, in order of the score or sating received. EMPLOYEE - Any person appointed to fift art •authorized employment- position in ihe.City. service. Elected officials, volunteers, unpaid interns, and those appointers to advisory boards, committees, and not employees_ .The calegories of employees are- commissions are Regular: A regular employee is one who has passed probation and holds a regularly authorized position With benefits. Regular employees may employees: only be disciplined for cause.. There are. 3 types of regular • 1: Regular full -time: a person who holds a budgeted (40) forty- hour"per week position,.wilh-dulies and responsibilities that do not end in a specific time period, and who is entitled to full benefits Willi the City Pursuant to the applicable Memorandum of Agreement or applicable Outline of Benefits . for th Management and Confidential Units. e 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% bene#Fts)_ 3_ Specially- funded a person v+rho.wortcs. in.a. regular tuft- or gait -dine position funded by sources other than City revenues (e.g.,.federal or state• grants.)_ Probationary_ A probationary employee is someone in a regular full- or part -tune position who is serving a trial period as provided in Sections 4 and 5_ Special: A special employee is one hired for a special purpose to meet the. needs of the City_ Special employees include: ! _ Provisional employees - i.e_ an employee. who meets the minimum ualifircations 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 to positions of limited duration of not more than six (6) months within a twelve (12) 'month period_ Seasonal employees do. nqt participate in the City s benefit programs_ 3_ Emergency employees - employees hired 10 meet the requireents of a .declared em ergency v✓hich .threatens m hreatens life, properly, or the general welfare of the City . and. whose position ceases when the. emergency ceases. Probationary and Special Employees may be dismissed cause_ from such Positions- or disciplined with or without :NTRY LEVEL -The initial position in a class series_ :XAMINATION - The process utilized to rospecti evaluate the .relative .skids, and knowled ve employment or current employee who has. applied.-for- a change'in classification fartdlor promotion TTY OF ROMNERT PARK - ersoanet Rules and. Regulations Page 37 of 39 3CTY OF ROHNERT PARK �er'soonel Rules and Regulations fechn.iques utilized may consist of, but not limited to. any -of the following: traditional paper and pencil tests, jerforMatice tests, skills test, or.oral assessment. EXEMPT - 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, 3ccumutated per specifications outlined in the .MOA's and /or Outline of Benefits the Management and :;or,fidenlial units_ FAMILY AND MEDICAL LEAVE POLICY - Provides for employee leave during times 'of illness or fainily 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 GRIEVANCE -. A .complaint by an employee relating to wages, hours, and working conditions. Disciplinary action cannot be grieved. LEAVE -OF- ABSENCE •WITHOOT 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 unils arndAhe City that have been adopted by the City Council NOLO CONTENDERE - Latiri for "no contest.- In a criminal proceeding, a defendant may enter a'plea of nolo.. contendere, in which be- does.not accept or deny responsibility for the charges but agrees to accept piinishmeni. .' NON- EXEMPT - An employee in specific classifications who, according to the Fair Labor Standards Aet (FLSA} . is to receive overtime pay at 1 h limes- normal pay for hours worked over 8, 9,' 10 in a 24 hr_ `period and/or any hours worked over 40 hours in a 7 day period, as outlined in the MOA's and /or Outline of Benefis for the Management and Confidential Units. POL -. Pregnancy Disability Leave, California taw established in 1994, and administered by :the California Department of Fain 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 or her designee_ POSITION -.A specific office or employment provided by the budget, whether occupied or vacant, calling #or the performance of certain duties. Positions may be regular full -time, regular part -time, seasonal, hourly, and/or temporary- PROBATIONARY. PERIOD _ A working lest period during which an employee is required 10 demonstrate fitness for the position to .which appointed by actual performance in the position_ PROMOTION - The movement of a qualified empbyee from one class to another class with a higher.maxinium rate of pay and greater job responsibilities_ REINSTATEMENT - The re- employment of an employee who has regular or probationary status in a class,, who has been . laid off, is- returning "from an approved leave, requiring reinstatement, "or who has resigned in ..good standing and. who, is entilfed to.preierence in appgintment to vacancies in that class. CITY OF ROHNER'f PARK Page 38 of 39 .Personnel Rules and Regulations CITY OF ROfiNtRT 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 labor bargaining and representation unit for Public Safety Sergeants; Public Safety Officers. Public Safety Dispa #chars, 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 t A regular employee's base pay as approved b the City Council in the classification and salary plan SALARY RANGES — The raEe(s) assigned to a classification in the pay rates and ranges. 5EIU — 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 employees or applicants.- appointment of limited duration. in the absence of available e frgib le 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 Saving essentially the maximum salary limits, and involving the performance of similar duties_ NORKDAY - is a Ewenly -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 weefi_ 2ESOLUTJON5 EFFECTING PERSONNEL POLICY RESO 79 -22 — EMPLOYEE GRIEVANCE PROCEDURE RESO 92 -78 — EQUAL OPPORTUNITY EMPLOYER -RESO 92 -79 RESO 93 -38 = POLICY AGAINST DISCRIMINATION BASED'ON DISABILITY — ADA - AGAINST HARASSMENT RESO 99 -01 — ELECTRONIC MEDIA USE RESO 91 -192 — ANTI--DRUG, POLICY . RESO 87 -117 RESO 00 -10 — DEPENDENT CARE ASSISTANCE PROGRAM RESO 03-71 — EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004) — PROVIDING 1 OR CONTINUATION OF SALAi2Y. AND RESO 03 -235 BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINiN6 - OUTLINE OF THE CITY'S COMPLIANCE WCTH THE HEALTH INSURANCE PORTABILTTY AND ACCOUNTABILITY ACT OF 1998 ITY OF ROF NERT PARK ersonnel Rules and Regulations Page 39 of 39 Adoption Benefits, 11 Alcohol and Drugs, 19 Alcoholic Beverages or Other Drugs, 20 Off Duty Hours, 20 Prescription Drugs, 20 Alcoholic Beverages or Other Drugs, 20 Alternate Benefit, 10 Americans with Disabilities Act, 9 Bilingual Pay, 19 C Call Back, 5 CalPERS, 17 Catastrophic Leave, 9 Compensatory Time, 4 Compensatory Time Off, 4 0 Days of Work, 4 Death /Bereavement Leave, 11 Deferred Income, 12 Dental Coverage, 10 . Dependent Care Assistance Program, 18 Drugs, 19 E Education and Training, 15 Educational Incentive Pay, 16 Employee Performance Evaluations, 23 Exempt Employees, 5 F Family and Medical Leave, 9 Fringe Benefits, 7 Administration, 7 Adoption Benefits, 11 Americans with Disabilities Act, 9 Catastrophic Leave, 9 Death /Bereavement Leave, I I Deferred Income, 12 Dental Coverage, 10 Dependent Care Assistance Program, 18 Education and Training, 15 Educational Incentive Pay, 16 Family and Medical Leave, 9 Funeral Benefit, 1 I Health Care Tax Free Dollar Account Program, 18 II'M l Hearing Aid Benefit, 18 Life Insurance, 12 Light or Limited Duty, 9 Longevity Pay, 16 Long -Term Disability Insurance, 12 Paternity Leave, 9 Payment to Beneficiary, 9 Personal Leave, 18 Retirement Programs, 17 Sick Leave, 8 Vision Care, 10 Funeral Benefit, I I Furloughs, 19 G Grievance Policy and Procedure, 21 Health Care Tax Free Dollar Account Program, 18 Health Coverage Alternate Benefit, 10 Hearing Aid Benefit, 18 Holidays, 5 Holidays Observed, 5 Proclaimed Holidays, 6 Hours of Work, 4 I Invalidation Replacement, 22 Suspension of Agreement, 22 L Lap Swimming Program, 21 Layoffs, 23 Life Insurance, 12 Light or Limited Duty, 9 Longevity Pay, 16 Long -Term Disability Insurance, 12 Management Rights, 21 Military Training, 7 M N Non- discrimination, 22 Non - smoking Pay Premium, 20 Non - smoking Status, 20 OUTLINE - Confidential 11 July 1, 2009 through June 30, 2011 Page 26 X Overtim/Compensatory Time Call Back, 5 Overtime /Compensatory Time, 4 Compensatory Time Off, 4 Exempt Employees, 5 P Paternity Leave, 9 Paychecks, 19 Period of Work, 4 Personal Leave, 18 Personnel Files, 23 Personnel Rules and Regulations, 22 Prescription Drugs, 20 IN Residency, 21 Retirement Programs, 17 S Salary Adjustments Bilingual Pay, 19 Sick Leave, 8 Sick Leave Accumulation, 8 Smoking, 20 Condition of Employment, 20 Employees Hired After July 1, 1993, 20 Non - smoking Pay Premium, 20 Non - smoking Status, 20 Sports Center, 21 Suspension of Agreement, 22 Term of Outline Effective Date, 22 Termination Date, 22 T U Use of City Facilities, 21 Lap Swimming Program, 21 Use Of City Facilities Sports Center, 21 u Vacation, 6 Discontinued Accrual, 6 Eligibility for New Hires, 6 Maximum Accrual, 6 Regular Part-time Employees, 7 Scheduling Based on Seniority, 7 Vacation Schedule, 6 Vision Care, 10 w Work Curtailment (No Strike Clause), 22 OUTLINE - Confidential ❑ July 1, 2009 through June 30, 2011 Page 27