The URL can be used to link to this page

2010/07/27 City Council Resolution 2010-77RESOLUTION NO. 2010-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE MEMORANDUM OF AGREEMENT WITH SERVICE EMPLOYEES' INTERNATIONAL UNION (S.E.I.U.) LOCAL 1021 WHEREAS, on December 18, 2009, the City Council adopted Resolution No. 2009 -134 approving the Summary of Terms and Conditions of Agreement (Agreement) with Service Employees' International Union (S.E.I.U.) Local 1021; WHEREAS, the City Council directed staff to prepare a Memorandum of Agreement in accordance with the terms and conditions of the Agreement; WHEREAS, staff prepared the attached Memorandum of Agreement in accordance with Council direction; and . WHEREAS, the Memorandum of Agreement has been approved by representatives of S.E.I.0 Local 1021. . 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 Service Employees' International Union (S.E.I.U.) Local 1021, 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 S.E.I.U. Local 1021. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 27' day of July, 2010. ATTEST: Clerk CITY OF ROHNERT PARK Mayor v �gt1lOMN�� BELFORTE: AYE BREEZE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) MEMORANDUM OF AGREEMENT BETWEEN THE THE CITY OF ROHNERT PARK AND THE SERVICE EMPLOYEES INTERNATIONAL UNION (S.E.I.U.) LOCAL 1021 MAINTENANCE WORKERS EFFECTIVE July 1, 2009 — June'30, 2011 Exhibit A TABLE OF CONTENTS 1. HOURS OF WORK ................................................................................................................................... ..............................5 1.1 REGULAR WORKWEEK ................................................................................................................. ..............................5 1.2 REGULAR WORKWEEK FOR EMPLOYEES HIRED AFTER JUNE 30,1986 .................................... ..............................5 1.3 REGULAR WORKDAY FOR ALL EMPLOYEES EMPLOYED AS OF JUNE 30,1986 .......................... ..............................5 1.4 REGULAR WORKDAY FOR EMPLOYEES HIRED AFTER JUNE 30,1986 ....................................... ..............................5 1.5 ALTERNATE WORK SCHEDULE .................................................................................................... ..............................5 1.6 TEMPORARY ALTERNATE WORK SCHEDULE .............................................................................. ..............................5 2. OVERTIME .............................................................................................................................................. ..............................6 2.1 OVERTIME COMPENSATION RATE ............................................................................................... ..............................6 2.2 COMPENSATORY TIME .............................:.................................................................................... ..............................6 2.3 CALL BACK ................................................................................................................................... ..............................6 2.4 OFF -DUTY TIME ............................................................................................................................ ..............................6 2.5 WEEKNIGHT STAND -BY PAY ......................................................................................................... ..............................6 2.6 WEEKEND AND HOLIDAY STAND -BY PAY .................................................................................... ..............................6 2.7 STAND-BY DUTY WORK ASSIGNMENTS ........................................................................................ ..............................7 2.8 STAND -BY /CALL -OUT MINIMUM PAY .......................................................................................... ..............................7 3. HOLIDAYS .............................................................................................................................................. ..............................7 3.1 HOLIDAYS OBSERVED ................................................................................................................... ..............................7 3.2 HOLIDAYS FOR REGULAR PART -TIME EMPLOYEES .................................................................... ..............................8 4. VACATION .............................................................................................................................................. ..............................8 4.1 VACATION SCHEDULE ................................................................................................................... ..............................8 4.2 MAXIMUM ACCRUAL .................................................................................................................... ..............................8 4.3 ELIGIBILITY FOR NEW HIRES ..................................................:.................................................... ..............................8 4.4 VACATION BENEFITS .................................................................................................................... ..............................8 4.5 SEASONAL, SEASONAL PART -TIME AND TEMPORARY EMPLOYEES ............................................ ..............................9 4.6 VACATION SCHEDULE BASED ON SENIORITY .............................................................................. ..............................9 4.7 FRINGE BENEFITS FOR PART -TIME EMPLOYEES ......................................................................... ..............................9 5. MILITARY TRAINING ............................................................................................................................... ..............................9 6. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS ............................................................... ..............................9 6.1 FRINGE BENEFIT ADMINISTRATION ............................................................................................. ..............................9 6.2 SICK LEAVE .................................................................................................................................. .............................10 6.3 CATASTROPHIC LEAVE ................................................................................................................ .............................10 6.4 PATERNITY LEAVE ....................................................................................................................... .............................10 6.5 CFRA AND FMLA ....................................................................................................................... .............................10 6.6 LIGHT OR LIMITED DUTY ............................................................................................................ .............................10 6.7 AMERICANS WITH DISABILITIES ACT ........................................................................................ ..............................1 1 6.8 PAYMENT TO BENEFICIARY ........................................................................................................ ..............................1 1 6.10 DENTAL COVERAGE .................................................................................................................... ..............................1 1 6.11 VISION COVERAGE ...................................................................................................................... ..............................1 1 6.12 ADOPTION BENEFIT ..................................................................................................................... .............................12 6.13 DEATH /BEREAVEMENT LEA. VE .................................................................................................... .............................12 6.14 FUNERAL BENEFIT ....................................................................................................................... .............................12 6.15 LONG -TERM DISABILITY INSURANCE ......................................................................................... .............................12 6.16 SHORT-TERM DISABILITY INSURANCE ..................................................................................... ............................... 13 6.17 LIFE INSURANCE .......................................................................................................................... .............................13 6.18 DEFERRED INCOME ...................................................................................................................... .............................13 6.19 RETIRED, DECEASED AND /OR PERMANENTLY AND TOTALLY DISABLED EMPLOYEES ............. .............................13 6.20 CLOTHING ALLOWANCE .............................................................................................................. .............................15 6.21 EDUCATION AND TRAINING ......................................................................................................... .............................15 MOA - S.E.I. U. Maintenance Workers . July 1, 2009 through June 30, 2011 6.22 LONGEVITY PAY ........................................................................................................................... .............................16 6.24 DEPENDENT CARE ASSISTANCE PROGRAM ................................................................................. .............................17 6.25 HEALTH CARE TAX -FREE DOLLAR ACCOUNT PROGRAM ......................................................... .............................17 6.26 HEARING AID BENEFIT ................................................................................................................ .............................18 7. AGENCY SHOP AND PAYROLL DEDUCTIONS ....................................................................................... .............................18 7.1 AGENCY SHOP .............................................................................................................................. .............................18 7.2 SEIU DUES DEDUCTION ............................................................................................................... .............................18 7.3 EMPLOYEE LISTING ..................................................................................................................... .............................18 7.4 SEIU PAYCHECK DEDUCTION ..................................................................................................... .............................18 7.5 SEIU MEMBERSHIP - SERVICE FEE ............................................................................................ .............................18 7.6 HOLD HARMLESS ......................................................................................................................... .............................18 7.7 FAIR REPRESENTATION ............................................................................................................... .............................19 7.8 SEIU REQUIRED MEMBERSHIP ................................................................................................... .............................19 8. SAFETY & WORK EQUIPMENT ............................................................................................................... .............................19 8.1 SAFETY ITEMS .............................................................................................................................. .............................19 8.2 SAFETY GLASSES AND CONTACTS ............................................................................................... .............................19 8.3 BASIC TOOL KIT .......................................................................................................................... .............................19 9. SALARY ADJUSTMENTS & MISCELLANEOUS PAY ................................................................................ .............................20 9.1 SALARY ADJUSTMENTS ................................................................................................................ .............................20 9.2 PAY DAY ....................................................................................................................................... .............................20 9.3 FISCAL /BUDGETARY IMPACTS ..................................................................................................... .............................20 10. . ALCOHOL AND DRUGS ...................................................................................................................... .............................20 10.1 ALCOHOLIC BEVERAGES OR OTHER DRUGS .............................................................................. .............................21 10.2 OFF -DUTY HOURS ........................................................................................................................ .............................21 10.3 PRESCRIPTION DRUGS ................................................................................................................. .............................21 11. SMOKING ........................................................................................................................................... .............................21 11.1 NON - SMOKING PAY PREMIUM ..................................................................................................... .............................21 11.2 NON - SMOKING STATUS ................................................................................................................ .............................21 11.3 CONDITION OF EMPLOYMENT ..................................................................................................... .............................21 11.4 EMPLOYEES HIRED AFTER JULY 1, 1993 ..................................................................................... .............................21 12. RESIDENCY ....................................................................................................................................... .............................21 13. GRIEVANCE POLICY AND PROCEDURE ............................................................................................ .............................22 14. USE OF CITY FACILITIES ................................................................................................................... .............................22 14.1 SPORTS CENTER AND LAP SWIM ................................................................................................. .............................22 15. MANAGEMENT RIGHTS ..................................................................................................................... .............................22 16. WORK CURTAILMENT (NO STRIKE CLAUSE) ..................................................................................... .............................22 17. PERSONNEL RULES AND REGULATIONS .......................................................................................... .............................22 18. TERM OF AGREEMENT ...................................................................................................................... .............................22 18.1 EFFECTIVE DATE ......................................................................................................................... .............................22 18.2 TERMINATION DATE., ............................................................................................................................................... 23 19. SUCCEEDING AGREEMENT ............................................................................................................... .............................23 20. INVALIDATION ................................................................................................................................... .............................23 20.1 SUSPENSION OF AGREEMENT ....................................................................................................... .............................23 20.2 REPLACEMENT ............................................................................................................................. .............................23 21. NON- DISCRIMINATION ....................................................................................................................... .............................23 MOA - S.E.I. U. Maintenance Workers • July 1, 2009 through June 30, 2011 II1 22. PERSONNEL FILES ............................................................................................................................ .............................23 23. EMPLOYEE PERFORMANCE EVALUATIONS ...................................................................................... .............................23 23.1 PERFORMANCE EVALUATION ...................................................................................................... .............................23 23.2 EMPLOYEE RESPONSE TO PERFORMANCE EVALUATION ........................................................... .............................23 24. SEIU OFFICERS ................................................................................................................................. .............................23 25. SHOP USE POLICY ............................................................................................................................ .............................24 26. SCRAP METAL FUND ......................................................................................................................... .............................24 27. . DUMPING PRIVILEGES ..............................................................:........................................................ .............................24 28. TRANSFER RIGHTS ........................................................................................................................... .............................24 29. LABOR MANAGEMENT COMMITTEE .................................................................................................. .............................24 MOA - S.E l.U. Maintenance Workers • July 1, 2009 through June 30, 2011 MEMORANDUM OF AGREEMENT Pursuant to Government Code Section 35000 et. seq., the Service Employees International Union (S.E.I.U.) Local 1021 and the representatives of the City of Rohnert Park have met and conferred and hereby submit their joint recommendations for compensation and benefit adjustments for represented Rohnert Park City employees in the Department of Public Works. 1. Hours of Work 1.1 Regular Workweek The regular workweek for all employees shall be five (5) consecutive workdays, Monday through Friday. With agreement between an employee and his /her supervisor, the employee may volunteer for a regular work schedule other than defined in this section. At the request of the Union, effective December 31, 2007, a 9/80 workweek schedule will be implemented. All employees shall adhere to the same 9/80 schedule. For the term of this Agreement, the Union agrees to suspend the agreement that all employees shall be on the same 9/80 schedule, and agrees to maintain the "A /B" work schedule in place as of December 1, 2009. This provision shall expire on June. 30, 2011. 1.2 Regular Workweek for Employees Hired After June 30,1986 The regular workweek for an employee hired after June 30, 1986, shall be five (5) workdays. With agreement between an employee and his /her supervisor, the employee may volunteer for a regular work schedule other than defined in this section. 1.3 Regular Workday for all Employees Employed as of June 30, 1986 Except as provided for herein, the regular workday for all employees employed as of June 30, 1986, shall consist of eight (8) hours of work commencing at 8 a.m. and ending at 5 p.m. Upon the mutual agreement of the employee and his /her supervisor, an employee's daily regular work schedule may be changed to any eight (8) nine (9), or ten (10) hour shift commencing after 6 a.m. and ending no later than 6 p.m. 1.4 Regular Workday for Employees Hired After June 30,1986 The regular workday for employees hired after June 30, 1986 shall consist of eight (8), nine (9), or ten (10) hours of work as may be determined from time to time by mutual agreement of the employee and his /her supervisor. 1.5 Alternate Work Schedule In the event the City establishes an alternative work schedule, i.e. swing or graveyard shifts, City agrees to meet and confer with S.E.I.U. to develop a program for shift differential pay. 1.6 Temporary Alternate Work Schedule The City may, from time to time, need to schedule work at times other than the regular workweek. In such instances, the City will establish a "temporary alternate work schedule," that will not exceed two months in duration. The City will publish the work assignment and temporary alternate work schedule at least seventy -two (72) hours prior to schedule implementation. Supervisors may request and employees may voluntarily agree to work according to a temporary alternate work schedule. The decision by any employee to not volunteer to participate in a temporary alternate work schedule shall not be cause for any disciplinary action by the City. Among employees that voluntarily agree to a temporary alternative work schedule, preference and priority of assignment will be made on a seniority basis. The City agrees to pay employees that volunteer for a temporary alternate work schedule at a rate equal to one and one half (1%) times the employee's regular hourly rate for all hours worked except the City agrees to pay employees two (2) times the employee's regular hourly MOA - S.E.I.U. Maintenance Workers • July 1, 2009 through June 30, 2011 rate for all hours worked between midnight (12:00 a.m.) and 6:00 a.m., and any hours worked on any Saturday, Sunday or holiday as defined by this agreement. 2. Overtime 2.1 Overtime Compensation Rate Overtime compensation at the rate of one and one -half (1%) 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 above, in any one workday; (c) On any Saturday or Sunday, or Holiday (with certain exceptions listed below in this Section) as defined by this agreement. Overtime compensation at the rate of two (2) times the employee's regular hourly rate shall be paid for all hours worked; (a) Between midnight (12:00 a.m.) and 6:00 a.m. on a weeknight or weekend. (b) On Easter Sunday, Thanksgiving Day, Christmas Day or New Year's. 2.2 Compensatory Time A maximum of one hundred twenty (120) hours of compensatory time off may be accrued by an employee by mutual agreement of the employee and the Assistant City Manager. Accrual and /or utilization of compensatory time may not be unreasonably denied. 2.3 Call Back Employees who are called back to work after having left the work site shall be entitled to a minimum of two (2) hours pay at the overtime rate. Callback is when an employee is requested to respond and does respond to a. Public Works assignment between the employee's normal quitting time and normal starting time. 2.4 Off -duty Time No restrictions or limitations are placed on employees on their off -duty time unless specifically agreed to by employee. 2.5 Weeknight Stand -by Pay Employees that agree to be immediately available on weeknights (Monday through Friday) shall be considered to be on weeknight stand -by duty and shall be paid at a rate equal to one and a half (1'/2) times the current minimum wage per weeknight hour while on stand -by duty and available for handling calls. (a) Employees assigned to weeknight duty shall be responsible for lock -up of the Corporation Yard (not to exceed 30 minutes) which is determined to be compensated as part of the weeknight stand -by pay. 2.6 Weekend and Holiday Stand -by Pay Employees that agree to be immediately available on weekend and holiday stand -by duty shall be considered to be on stand -by duty and, in order to comply with the Fair Labor Standards Act, shall be paid a per hour rate for a twenty -four hour period.. The rate shall be equal to one and a half (1'/2) times the current minimum wage per hour. MOA - S.E LU. Maintenance Workers • July 1, 2009 through June 30, 2011 2.7 Stand -by Duty Work Assignments Employees on weekend and holiday stand -by duty shall be required to perform certain routine assignments including but not limited to the routine inspection and maintenance of facilities, such as wells, sewer plant, parks, swimming pools, buildings, etc. Routine assignments shall not exceed one (1) hour, which is determined to be compensated as part of the standby pay. 2.8 Stand -by /Call -out Minimum Pay Public Works stand -by /call -outs are subject to a one (1) hour minimum, except that: (a) Stand -by /call -outs on the weekend, between the hours of 12:00 a.m. and 6:00 a.m., are subject to a two (2) hour minimum, with a limit of six (6) hours per day; and (b) Stand -by /call -outs at any time on Easter, Thanksgiving, Christmas Day or New Year's Day are subject to a two (2) hour minimum. Any Public Works employee on stand -by who is required to work shall be compensated at one and one -half (1 1/2) times the employee's base hourly rate, except that: (a) Any Public Works employee on stand -by who is required to work on a weeknight, between the hours of midnight (12:00 a.m.) and 6:00 a.m., shall be compensated at two (2) times the employee's base hourly rate; (b) Any Public Works employee on stand -by who is required to work on the weekend, between the hours of midnight (12:00 a.m.) and 6:00 a.m., shall be compensated at two (2) times the employee's base hourly rate; and (c) Any Public Works employee on stand -by who is required to work at any time on Easter, Thanksgiving, Christmas Day, or New Year's Day shall be compensated at two (2) times the base hourly rate. 2.9 Eligibility for Stand -by /Call -out All employees living within twenty (20) minutes of the Maintenance Yard, based upon MapQuest estimates, shall be eligible for stand -by duty. 3. Holidays 3.1 Holidays Observed The employees will receive the following thirteen and one -half (13 -1/2) holidays annually, specifically: "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 MOA - S.E l.U. Maintenance Workers + July 1, 2009 through June 30, 2011 4. The second Monday in October, "Columbus Day," October 12, 2009 and October 11, 2010 "Veteran's Day," November 12, 2009 and November 11, 2010 The fourth Thursday in November, "Thanksgiving Day," November 26, 2009 and November 25, 2010 Day after "Thanksgiving," November 25, 2009 and November 26, 2010 12:00 Noon to 5:00 p.m. on December 24, 2009 and December 24, 2010 "Christmas Day," December 25, 2009 and December 25, 2010 Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. Each day that the Governor declares a day of mourning or special observance as a holiday for State employees if the declaration makes it, applicable to City employees. 3.2 Holidays for Regular Part-Time Employees If a scheduled or observed holiday falls on a regularly scheduled day off, the part -time employee shall be entitled to the pro -rated number of holiday hours, which may be taken as time off in the pay period in which the holiday falls. Vacation 4.1 Vacation Schedule The following vacation schedule be retained effective July 1, 1995: Years of Service (Inclusive) Up to 2 years 3 to 5 years 6 to 10 years 11 to 15 years Over 15 years 4.2 Maximum Accrual Monthly Vacation Rate 8.667 hours 10.000 hours 12.000 hours 14.000 hours 15.333 hours Annual Vacation Hours 104 120 144 168 184 Vacation may be accumulated to a maximum of four hundred (400) hours.. (a) 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 months prior to November 1 of each given year. 4.3 Eligibility for New Hires Employees must work a minimum of six (6) months before any vacation earned will be credited to said employee. 4.4 Vacation Benefits Vacation benefits shall be earned and accrued to employees who are actively working or are taking leave due to an approved City program or benefit. Vacation benefits do not accrue to employee on MOA - S.E.I. U. Maintenance Workers • July 1, 2009 through June 30, 2011 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. 4.5 Seasonal, Seasonal Part -time and Temporary Employees Seasonal, seasonal part -time and temporary employees shall not accrue vacation benefits. 4.6 Vacation Schedule Based on Seniority Preference for vacation scheduling will be on the basis of seniority within classification as has been past practice. 4.7 Fringe Benefits for Part -time Employees Regular part -time employees fringe benefits shall be as provided in City Council Resolution No. 80 -140, adopted August 11, 1980, a copy of which is attached hereto. 5. Military Training The City grants military leave to all employees for service in a uniformed service in accord with the Military and Veterans' Code of California and City 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, Other Than Vacation and Holidays 6.1 Fringe Benefit Administration City reserves the right to select the insurance carrier(s) or to self- administer any of the fringe benefit programs provided during the term of this agreement. In the event that any offered health plan is no longer offered, the City agrees to provide a suitable replacement health plan that is substantially comparable and,will agree to meet and confer regarding same. All benefits provided under this section (Section 6) are subject to the characteristics of each individual benefit program. The value or availability of the benefits provided in this Memorandum of Agreement as originally worded or as amended from time to time may depend on their tax treatment by the State or Federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System, The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Agreement are limited to the direct cost of providing the salary and benefits as described in this Memorandum of Agreement. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. (a) The City will continue all employee benefits and pay the appropriate premiums, as specified in the applicable section(s) of this agreement, due for an employee out on an authorized leave while an employee is being compensated by vacation accrued time, compensatory time, industrial sick leave time and /or non - industrial sick leave time. MOA - S.EI.U. Maintenance Workers • July 1, 2009 through June 30, 2011 (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. 6.2 Sick Leave (a) Sick leave benefits for regular employees hired before July 1, 1993 shall be as provided in the City's most current "Disability Wage Plan ", a copy of which is attached hereto. Each employee covered by this Memorandum of Agreement shall be provided a copy of the aforementioned "Disability Wage Plan." City agrees to meet and confer with S.E.I.U. on any suggested changes to the City's "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 1200 (c) Any employee hired before July 1, 1993, may voluntarily elect to participate in the sick leave program as provided in Section 6.2 (b) above with the following conditions: 1. An employee may convert only any unused full -time sick leave balance from the Disability Wage Plan sick leave program as provided in Section 6.2 (a) above. Employees may convert up to a maximum of 1,200 hours. Any unused half -pay benefits will be forfeited and not subject to conversion under this section. 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 CFRA and FMLA Employees may request an unpaid leave of absence under the California Family Rights Act (CFRA) and /or the Federal Family Medical Leave Act (FMLA). Requests for family and medical leave shall comply with the requirements of the CFRA and/or the FMLA. 6.6 Light or Limited Duty Employees injured or ill from either on- the -job (industrial) or off- the -job (non - industrial) causes,may, at the City's sole discretion, be assigned to light, limited, or modified duty. They may involve duties that differ from the normal work duties of the employee. Such light, limited, or modified duty shall terminate when the employee is physically able to perform all his /her normal work duties. MOA - S.E.I.U. Maintenance Workers • July 1, 2009 through June 30, 2011 10 6.7 Americans with Disabilities Act The City and S.E.I.U. recognize that the City has an obligation under law to comply with the Americans with Disabilities Act (ADA). 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 or Anthem Blue Cross Prudent Buyer Plan; or any other comparable 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. Health Savings Account (HSA) plans are excluded from determination of the lowest cost plan. (b) As a result of any Federal or State law enacted subsequent to the effective date of this Memorandum of Agreement, the City and S.E.I.U. agree to meet and confer in an effort to maintain the level of benefits as provided for in this Memorandum of Agreement. (c) Alternate Benefit - Eligible employees may receive an alternate benefit 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. 96 -203, adopted November 26, 1996, 6.10 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°/x) of the cost of diagnostic and preventative cares. (b) Eighty -five percent (85 %) of the cost of basic dental services. (c) Eighty -five percent (85 %) of the cost of crowns and restorations. (d) Fifty percent (50 %) of the cost of prosthodontics. (e) Two thousand dollar ($2,000) maximum benefit for dental services per person per year. (f) Fifty percent (50 %) of the cost of orthodontics with a three thousand five hundred dollar ($3,500) lifetime maximum benefit per person. 6.11 Vision 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 photo chromic lenses. Frames of the MOA - S. E.I. U. Maintenance Workers • July 1, 2009 through June 30, 2011 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. (d) A second pair of prescription glasses or contact lenses every twelve (12) months subject to a $20 copay. (e) Contact lenses, in. addition to glasses, every twelve (12) months subject to a fifty - dollar ($50) copay. One day disposable contacts are covered up to a four hundred dollar ($400) maximum allowance. (f) Primary Eye Care with urgent or non - surgical eye care benefits subject to a five - dollar ($5) copay per office visit. Examples of primary eye care include, but are not limited to, exams to diagnose pain in the eye, exams to monitor the progress of pre - surgical cataracts, diagnosis and tests for loss of vision, and treatment and management of glaucoma. (g) Laser surgery discount (PRK, Lasix/Custom Lasik). 6.12 Adoption Benefit The City will provide a six hundred dollar ($600) per child cash benefit to employees adopting minor children to help offset the cost of adoptions. This cash benefit does not include the cost of adopting step - children, i.e. children of present spouse. 6.13 Death /Bereavement Leave (a) A regular employee shall be paid up to three (3) days of bereavement leave when there is a death in their immediate family. (b) Additionally, a regular employee may, subject to approval of the supervisor, use two (2) additional days of the employee's accrued sick leave if the employee must travel out of the area, i.e. at least two hundred and fifty (250) miles one way. (c) Immediate family in this case means: spouse, father, father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including step - children), step - parents, aunts, uncles, grandparents, grandparents -in -law, grandchildren, relationships in loco- parentis, and close personal relationships with the approval of the City Manager or his/her designee. 6.14 Funeral Benefit City will provide fifty percent (50 %) co- payment, not to exceed two thousand dollars ($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. 6.15 Long -Term Disability Insurance The City shall provide, at no premium cost to employees, long -term disability income protection insurance coverage. The basic benefit shall be sixty six and two thirds percent (66 -2/3 %) of the employee's monthly base pay with a maximum benefit of five thousand three hundred thirty three dollars ($5,333). In no event shall the employee receive more than full salary. The benefits provided under this section are subject to the characteristics of the individual program. MOA - S.E.I. U. Maintenance Workers . July 1, 2009 through June 30, 2011 (a) The waiting period for the above long -term disability benefits plan shall be ninety (90) days. 6.16 Short -Term Disability Insurance The City will continue to provide, at no premium cost to employees, the short -term disability program in accordance with the City's most current "Disability Wage Plan," a copy of which is attached hereto. 6.17 Life Insurance (a) The City will continue to provide, at no premium cost to employees, fifty thousand dollars ($50,000) life insurance coverage provided to employees and one thousand dollars ($1,000) for .dependents, and which coverage includes accidental death and dismemberment benefits. (b) The City allow, subject to the insurance carrier's approval, any employees to purchase, at their own cost, additional life insurance coverage under the City's group program. 6.18 Deferred Income The City will continue to make available to the employees a deferred income program, now being administered by Nationwide and International City Management Association (ICMA) or a similar program with another institution acceptable to City. 6.19 Retired, Deceased and/or Permanently and Totally Disabled Employees The language in this section has been revised from the MCA between the City and SEUI, Local 1021, effective July 1, 2007 through June 31, 2009 only for the purposes of administrative clarification, and does not represent a change in benefits provided. (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 "Appendix A: Insurance Premium Contribution Rate Schedule." Coverage will extend to eligible dependents. The City will provide such contributions only: 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. Calculation of premium will be prorated for regular, part -time employees. c. Employees must retire concurrent with termination of service with the City to be eligible for this benefit (no vesting). d. The City's share of the 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. 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; b. Are retired forthwith from the City of Rohnert Park service into CalPERS at the time of permanent or total disability, and; 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) MOA - S.E.I,U. Maintenance Workers . July 1, 2009 through June 30, 2011 13 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 totally disabled. Coverage will extend to eligible spouse, registered domestic partner, and dependents. 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. The City agrees to provide /offer and pay to regular full -time or regular part -time employees hired before June 30, 2007, 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 this section shall be coordinated with Medi -Care, Medi -Cal, and any other welfare program available of which said benefit coverage shall be considered primary and City provided coverage in turn considered secondary. 6. All benefits provided under this section are subject to the characteristics of each individual benefit program. The life insurance to be provided will be the life insurance plan amount in effect and in accordance with the provisions of the life insurance program as of the date of employee's retirement. 7. The benefits provided under this section 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. 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 this section. Part - time (non- benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid or unpaid leaves do not constitute MOA - S.E.I.U. Maintenance Workers • July 1, 2009 through June 30, 2011 14 separation from City service (and therefore will not void any previous accrual towards length of continuous service) for the purpose of this section. 9. Any retired employee who, after retirement from the City, becomes employed elsewhere and is covered by medical, life insurance, health, dental or vision care benefits by his /her new employer, said coverage provided by the City to the retired employee will be considered secondary to the coverage provided by his /her new employer, his /her new employer's coverage shall be considered primary. 10. Any spouse or registered domestic partner of a deceased employee or deceased retired employee who is receiving benefit coverage as provided under this section, becomes employed and is covered by medical, health, dental or vision care benefits by his /her employer, said coverage provided by City will be considered secondary to the coverage provided by the spouse's or 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 6.19 (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 Clothing Allowance (a) The City will provide an employee with reimbursement not to exceed two hundred dollars ($200) per occurrence for clothing or personal equipment used during the course of employment (excluding jewelry) that has been destroyed or made otherwise non - usable. The City will provide an employee with reimbursement not to exceed fifty dollars ($50) for the replacement of a watch that has been destroyed. (b) For the term of this agreement, the City will provide each employee with reimbursement, not to exceed three hundred dollars ($300) per fiscal year, for the cost of work boots upon submittal to the City of a paid receipt for the boots. City shall establish voucher payment system for boots. (c) Coveralls - For the term of this agreement, the City agrees to provide and replace when necessary appropriate coverall's to those City employees the City deems required to wear them in the performance of their duties, i.e. Maintenance Worker Painter, Equipment Mechanic, Senior Equipment Mechanic, and employees required to work in the sewer system. Said coveralls are and shall remain the property of City. 6.21 Education and Training (a) 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 MOA - S.E.I. U. Maintenance Workers . July 1, 2009 through June 30, 2011 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. (b) In recognition of the value to the City of highly qualified employees, the City agrees to establish a schedule of stipends for employees that obtain certain certificates and licenses by July 1, 2005, as described in Appendix B. 6.22 Longevity Pay The City will continue to provide longevity pay to employees, based on continuous years of service (as defined in Section 6.20 (i)) as follows Completed Years Pay Percentage of Service Increases 5 years 2% For each 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 regular employees hired after 05/12/98, the longevity program as outlined above does not apply. (a) Educational Incentive Pay - For regular employees hired after 05/12/98, which are not eligible for longevity pay as outlined in Section 6.22, the following educational pay benefit shall be provided: Stipend Level 1- $75 1. An approved Technical Certificate awarded by Santa Rosa Junior College (SRJC), or other accredited college, that relates to employment in one or more public works functions. 2. A two -year Associate of Science (AS) or Associate of Arts (AA) degree in a subject area not related to public works functions. 3. An approved Technical Certificate awarded by the City, based upon a course of study completed at the SRJC. Stipend Level II - $100 A two year AS or AA degree with course study related to Public Works. Technical Certificates earned as part of an AS or AA degree are included in this category. 2. A two year AS or AA degree in any subject area, and an approved Technical Certificate. Stipend Level III - $135 1. A Bachelor of Science (BS) or Bachelor of Arts (BA) in any major course of study, awarded by an accredited college or university. 2. A two year AS or AA degree with course study related to Public Works, and two (2) Technical Certificates in a subject area related to Public Works. Technical Certificates must be at least thirty (30) units. MOA - S.E.I. U. Maintenance Workers . July 1, 2009 through June 30, 2011 16 The Stipend payments provided above are not accumulative, i.e. only one of the two degrees is paid (cannot receive both stipends; only one stipend is paid per employee). In no event shall an employee be paid for more than one degree. The Stipend payments are authorized only for AS, AA, BS, and BA degrees from an accredited college or university. A copy of the degree must be provided for validation and approval of payment. 6.23 Retirement Programs (a) Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) two and seven tenths percent (2.7 %) at fifty -five (55) retirement program to miscellaneous member employees. (b) Effective July 1, 2011, the City will provide the California Public Employees' Retirement System (CaIPERS) two percent (2.0 %) at fifty -five (55) program to miscellaneous member employees hired on or after July 1, 2011. (c) The City will continue to provide the "one -year highest compensation" optional provision in its contract with CaIPERS per CaIPERS Section 20024.2. (d) The City will absorb any employer contribution rate increases for miscellaneous members required by CaIPERS. Effective July 1, 2008 employees will contribute 7.0% of the employer's contribution. (e) During the term of this agreement, the City will continue to pay the eight percent (8 %) employee's contribution to CaIPERS and will allow said payment to be credited to the employee's account. (f) The City shall report eight percent (8 %) of the EPMC to CaIPERS as additional compensation for all members of S.E.I.U. (g) The City will report the value of the EPMC in accordance with all applicable provisions of the Government Code, law and requirements of the CaIPERS. (h) The City will modify the CaIPERS Annual Cost -of- Living Allowance Increase (Section 21335) to provide for a 2.0% annual maximum cost -of- living increase for employees hired after December 31, 2007. Employees hired prior to December 31, 2007 shall be eligible for the 5.0% annual maximum cost -of- living allowance increase as defined in Section 21335. (i) The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies both presently or in the future. The City's obligation under this section is limited to the direct cost of providing the benefit as described. The City shall assume no further or additional financial obligation even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. 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 MOA - S.E.IV. Maintenance Workers • July 1, 2009 through June 30, 2011 17 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 shall reimburse employee only eighty percent (80 %) with a lifetime maximum of nine hundred dollars ($900.00) for a hearing aid device. 6.27 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. 7. Agency Shop and Payroll Deductions 7.1 Agency Shop City acknowledges that S.E.I.U. Local 1021 is the exclusive representative for certain classifications listed below and that an agency shop arrangement as authorized by State law (Government Code Section 3502.5) was established pursuant to an election held during a previous contract period. The agency shop shall apply to all regular full -time and regular part -time Public Works employees except seasonal and temporary employees including Equipment Mechanic, Electrician, Arborist, Maintenance Worker II, Maintenance Worker I, and Maintenance Helper. Public Works' positions designated managerial by City, if any, shall not be subject to this Agency Shop Agreement. 7.2 SEIU Dues Deduction S.E.I.U. will be provided with monthly payroll deduction of dues, service fees and premium amounts for insurance programs sponsored by the employee's organization at no ,cost to the employee organization. 7.3 Employee Listing S.E.I.U. will provide the City Manager with a listing of deductions to be made from represented employees. Said listing will remain in force until amended by S.E.I.U. in writing. S.E.I.U. will hold the City harmless from any liability for errors resulting from errors on the listing provided by S.E.I.U. 7.4 SEIU Paycheck Deduction All S.E.I.U. deductions will be taken from the mid -month paycheck and promptly forwarded to S.E.I.U. 7.5 SEIU Membership — Service Fee Employees covered by this Memorandum of Agreement shall join and maintain membership in S.E.I.U., or at the employee's option (1) pay a monthly service fee equal to a percentage of monthly dues paid by S.E.I.U. members, or (2) pay monthly to a non - religious, non- labor, charitable fund exempt from taxation under Section 501(c) (3) of the Internal Revenue Code, a sum equal to the monthly dues paid by S.E.I.U. members. Said percentage will be established on an annual basis by S.E.I.U. in accordance with Hudson procedures. Option number two (2) is only available to an employee with a bona fide religious objection. 7.6 Hold Harmless S.E.I.U. agrees to indemnify and defend the City, its officers, employees and agents and hold it harmless against any and all suits, claims, demands and liabilities that shall arise directly or indirectly out of any action that shall be taken or not taken or on behalf of the City, its officers, employee and agents for the purpose of complying with the foregoing sections. MOA - S.E.I.U. Maintenance Workers • July 1, 2009 through June 30, 2011 18 7.7 Fair Representation S.E.I.U. agrees that it has the duty to provide fair and non - discriminatory representation to all employees in all classes covered by this Memorandum of Agreement regardless of whether they are members of S.E.I.U. This paragraph shall not be construed' to create rights greater than those contained in applicable State and Federal law. 7.8 SEIU Required Membership All S.E.I.U. members who had S.E.I.U. deduction authorizations on file with the Auditor- Controller or S.E.I.U., or who may thereafter authorize in writing the deduction of their S.E.I.U. dues, shall remain on payroll deduction for the term of this Memorandum of Agreement or so long as they are members of the representative units. S.E.I.U. members may terminate payroll deductions of dues at the expiration of this Memorandum of Agreement by giving written notice to S.E.I.U. during an one -month period between ninety (90) and sixty (60) days prior to the expiration of the term. S.E.I.U. agrees to .indemnify, defend and hold harmless the City, its officers, agents and employees from any claim, liability or damage arising from this provision. 8. Safety & Work Equipment 8.1 Safety Items City will continue to furnish employees with necessary safety items including equipment, tools and appropriate rain gear. Any items furnished by City shall remain the property of City. 8.2 Safety Glasses and Contacts City will provide prescription safety glasses or contacts to those employees required by City to wear them. Such employees will not also be entitled to receive glasses or contacts under the general vision care program referred to in Section 6.11. 8.3 Basic Tool Kit City agrees to, based upon need, provide and maintain for all full -time regular employees covered by this Memorandum of Agreement a basic tool kit. All items provided in the basic tool kit are and shall remain the property of the City. Said tool kit shall include: Tapered broom handle (1) Street broom Round point shovel (1) Square point shovel Hand bilge pump (1) Claw hammer 12' metal tape measure (1) 4 in 1 screwdriver 8" crescent wrench (1) Slip joint pliers 9" torpedo level (1) Utility knife Hack saw (1) Flashlight Hex key set (1) Wire brush Water key for water spigots (8) 18" traffic cones 50' nylon trucking rope (1) Orange safety vest Pair rubber boots (1) Hardhat Rain jacket (1) Rain pants Protective goggles or glasses (1) Protective earphones (a) City agrees to replace stolen or damaged City owned tools in a reasonable time period (i.e. within one (1) month unless an unusual item) and with the approval of a Public Works Services Supervisor. (b) It is understood that it is the employee's responsibility to take reasonable care in avoiding the loss or theft of City -owned tools /equipment. MOA - S. E 1. U. Maintenance Workers • July 1, 2009 through June 30, 2011 9. Salary Adjustments & Miscellaneous Pay 9.1 Salary Adjustments Salaries will not be subject to a general wage adjustment during the term of this Memorandum of Agreement. 9.2 Pay Day City shall distribute paychecks to employees by noon on payday. 9.3 Fiscal /Budgetary Impacts (a) If the State of California experiences a fiscal crisis 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, S.E.I.U. agrees to re -open this agreement and meet and confer to address and discuss salary issues. (b) The City and S.E.I.U. agree to clarify how Section 21, Layoffs and Section 22, Reinstatement in City Manager's Administrative Policy No. 1, Personnel Rules and Regulations shall apply to S.E.I.U. members. Total time employed by the City, not including temporary employment assignments, shall be used to determine the seniority of a given employee. Part -time employment shall be credited on a prorated basis. For example, half time employment during two weeks will be credited as one week of employment when determining seniority. In the event of a lay off, the City agrees to lay off employees according to seniority. The lay off order of employees within a given classification will be as follows: the employee with the least seniority will be subject to lay off first, the employee with the second least seniority will be subject to lay off second, and so on. The employee with the most seniority will be the last employee subject to lay off within a given classification. In the event of employee reinstatement, the City agrees to reinstatement according to seniority. The reinstatement order of employees within a given classification will be as follows: the employee with the most seniority will be reinstated first, the employee with the second most seniority will be reinstated second, and so on. The employee with the least seniority will be the last employee to be reinstated within a given classification. 9.4 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 Union. In the event that the City considers layoff of members of the Union, in addition to any meet and confer obligations of the City, the City will notify the Union in writing and the Union will have ten (10) calendar days to request a meeting with the City to discuss alternatives, adjustments and /or concessions for consideration by the City in order to avoid or minimize layoffs. If a meeting is requested, the meeting will take place within twenty (20) calendar days of the date of the request. This provision of the MOA shall expire June 30, 2011. 10. Alcohol and Drugs The City and S.E.I.U. agree to continue to work together to assist any employees who have an alcohol or alcohol related, drug or substance abuse problem. It is mutually acknowledged that continued cooperative efforts would give employees a much better opportunity to recover from this very serious health problem. MOA - S.E.LU. Maintenance Workers • July 1, 2009 through June 30, 2011 20 Since Public Works employees are required to drive City vehicles, use various types of power equipment and tools, and perform their work in locations such as streets and trenches, and it is known that drinking alcoholic beverages or taking certain drugs may slow a persons reflexes and ability to think clearly. The probability of having an accident is increased after drinking alcohol or taking certain drugs. The City recognizes that this situation could place the employee as well as co- workers and the public at risk of injury. 10.1 Alcoholic Beverages or Other Drugs Alcoholic beverages, or other drugs which affect an employee's ability to drive or function safely, shall not be used by employees during their assigned regular work day, nor while on assigned standby duty. 10.2 Off -duty Hours If an employee who has been drinking alcohol or using a drug which may impair the employee's ability to drive or function safely receives a call to return to work during off duty hours, the employee must decline the request to work. 10.3 Prescription Drugs Employees using prescription drugs, which affect the employee's ability to work safely, must inform their supervisor and may be assigned to other appropriate duties or required to take sick leave. 11. Smoking 11.1 Non - smoking Pay Premium S.E.I.U. and City both recognize the nation -wide concern with smoking and the relationship it has to heart disease. City agrees to continue to provide a twenty -five dollars ($25) pay premium to employees hired before July 1, 1993 and who refrain completely from the use of tobacco in any form. Any employee receiving the pay premium for not smoking and who starts smoking, shall rebate to City all paid non- smoking premium paid by the City to said employee during the immediate twelve (12) months preceding. 11.2 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. . 11.3 Condition of Employment S.E.I.U. acknowledges that the City intends to hire new employees with the clearly expressed condition of employment that they refrain from smoking. S.E.I.U. acknowledges the City's 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. 11.4 Employees hired after July 1, 1993 S.E.I.U. acknowledges that due to City's commitment to hiring employees with the clearly expressed condition of employment that they refrain from smoking, that employees hired after July 1, 1993 shall not receive a twenty -five dollars ($25) pay premium for not smoking. 12. Residency All employees are encouraged to reside within the City. For the term of this Memorandum of Agreement, all employees residing within Rohnert Park shall receive a sixty - dollar ($60) per month residency bonus MOA - S. E.I. U. Maintenance Workers • July 1, 2009 through June 30, 2011 21 beginning effective October 1, 1997. At the discretion of the City Manager, said residency bonus may increase to no more than sixty -five dollars ($65) per month at any time during the term of this agreement. 13. Grievance Policy and Procedure Both S.E.I.U. and City agree to 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. 14. Use of City Facilities 14.1 Sports Center and Lap Swim Employees and their eligible dependents (as defined by City policy), will be allowed to participate with no fee imposed in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center by dependents of employees adversely impacts the public's access to the Sports Center facilities, the parties will re -open this Section 14. 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. 15. Management Rights Except as limited in this Memorandum of Agreement and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery and to set standards of service to be offered to the public; and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this Memorandum of Agreement; to direct its employees and establish employee performance standards and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable laws; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. 16. Work Curtailment (No Strike Clause) Under no circumstances shall the Union or any of the employees it represents individually or collectively cause, sanction, honor or engage in any strike, sit -down, stay -in, sick -out, slow -down, speed -up, work to rule or any other type of job action, curtailment of work, restriction of production or restriction of service during the term of this agreement. 17. Personnel Rules and Regulations City Agrees to meet and confer with Union regarding any updates or changes to its Personnel Rules and Regulations. 18. Term of Agreement 18.1 Effective Date This agreement is to become effective on July 1, 2009. MOA - S.E LU. Maintenance Workers • July 1, 2009 through June 30, 2011 22 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 S.E.I.U. shall submit its proposals to the City Manager. Said submittal shall include an estimated percentage decrease or increase in the cost of same compared to the provisions of this agreement. 20. Invalidation 20.1 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. 20.2 Replacement In the event of suspension or invalidation of any article or section of this agreement, the parties agree, that except in an emergency situation, to meet and confer within thirty (30) days after such determination for the purpose of arriving at a mutually satisfactory replacement for such article or section. 21. Non - Discrimination City acknowledges that in receiving the benefits afforded by this Memorandum of Agreement, no person shall in any way be favored or discriminated against to the extend 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. 22. Personnel Files Employees or their duly authorized representative have the right to inspect his or her personnel file maintained on him or her by the City. Employees have the. right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of the personnel file. 23. Employee Performance Evaluations 23.1 Performance Evaluation Employees shall be provided with a copy of his /her performance evaluation twenty -four (24) hours prior to the evaluations interview. 23.2 Employee Response to Performance Evaluation Employees have the right to respond in writing to the evaluation report should they so desire. Said responses should be submitted to the reviewer no later than thirty (30) days after the evaluation interview. 24. SEIU Officers The City agrees to authorize two (2) job stewards and one (1) alternate to attend to S.E.W. business. In no event shall more than two (2) S.E.I.U. representatives attend to S.E.W. business meetings. Total time spent shall not exceed forty (40) hours in aggregate in any fiscal year. S.E.W. shall provide a monthly MOA - S.E.I.U. Maintenance Workers • July 1, 2009 through June 30, 2011 reporting to the City the names and hours used by S.E.I.U. officers during City hours. In all cases, the S.E.I.U. officers shall secure permission from their supervisor before leaving a work assignment. 25. Shop Use Policy City will continue the shop use policy for City employees as referred to the Shop Use Policy dated January 1987, attached hereto. 26. Scrap Metal Fund A scrap metal fund is authorized by the City for all proceeds received from the sale of scrap metal pulled from the garbage by employees. Said proceeds will be used for the purpose of sponsoring employee picnics, birthday celebrations and other functions approved by the employees and the City. Proper accounting shall be kept on all receipts and disbursements from said fund. S.E.I.U. acknowledges that all garbage /trash, salvage, scrap and scrap metal collected by employees, is the property of the City. Employees are not entitled to any garbage /trash, salvage, scrap or scrap metal collected during the course of their work for City. 27. Dumping Privileges City agrees to work with S.E.I.U. to develop a dumping privileges program for employees. 28. Transfer Rights Should the City decide to establish a full -time fire services section staffed with full -time permanent personnel, the City will extend transfer rights to those employees who meet the qualifications of the position so they can apply for same. 29. Labor Management Committee The City and the Union support the creation and the utilization of a joint Labor - Management committee. The Labor - Management Committee shall be comprised and function in the following manner: (a) The Committee shall be made up of no less than two (2), nor more than four (4) members each from the Union. A City representative or Union committee member trained in facilitation or group problem solving may serve as a facilitator. (b) The Committee meetings and related training shall be deemed City business for compensation purposes; however, it is the intent that Committee meetings and /or trainings be held during the regular workday and will not result in overtime compensation. (c) The Committee may be continued, modified or expanded by mutual agreement of the participants. (d) The Committee may review, discuss and make recommendations on a variety of departmental issues of mutual concern. (e) The committee is encouraged to brainstorm possible issues and problems, prioritize the possible issues in general order of importance, and select the high priority issues of mutual interest to review. The Committee is encouraged to define the issues carefully, study and evaluate the most promising solutions, and make a recommendation with the supporting documentation to the Department Head with a copy to Human Resources and the Union. (f) The Department Head shall evaluate the proposed solution, make a decision on the Committee's recommendation, and report back his /her decisions. (g) The Committee does not replace nor replicate the meet and confer process, and has no authority to bargain, modify or add to existing provisions of the Memorandum of Understanding or other agreements between the Union and the City that are subject to meet and confer or meet and consult. MOA - S.E.IV Maintenance Workers . July 1, 2009 through June 30, 2011 24 CITY OF ROHNERT PARK John Dunn, Interim City Manager DATE By: Mayor Resolution Number: Attest: Judy Hauff, City Clerk Approved As To Form: Assistant City Attorney SERVICE EMPLOYEES INTERNATIONAL UNION (S.E.I.U.) - Local 1021 Sean O'Donnell, S.E.I.U. Representative DATE Del Reid, S.E.I.U. Representative DATE James McIntyre, S.E.I.U. Representative DATE Paul Carroll, Field Representative, S.E.I.U. DATE The following are incorporated in this Agreement by reference: Appendix A: Insurance Premium Contribution Rate Schedule 711109 - 6130111 Appendix B: Certification & License Program Side Letter — Certification & License Program, dated 3126108 Side Letter— Unpaid Furloughs, dated 7113110 City Council Resolution No. 79 -22, adopted February 13, 1979 — Employee Grievance Procedure City Council Resolution No. 80 -140, adopted August 11, 1980 - Permanent Part -Time Employees' Fringe Benefits, City Council Resolution No.2007 -178, adopted November 26, 1996 — Alternate Benefit Program City Council Resolution No. 2001 -270, adopted September 10, 1997 — Catastrophic Leave Program City Council Resolution No. 98 -214, adopted November 10, 1998 — CalPERS Employer Paid Member Contributions Administrative Policies, dated August 31, 1993 City's most current "Disability Wage Plan" City's Personnel Rules & Regulations Shop Use Policy, dated January 1987 MOA - S.E L U. Maintenance Workers* July 1, 2009 through June 30, 2011 25 INDEX A G Adoption Benefit, 12 Grievance Policy and Procedure, 22 Agency Shop, 18 Light or Limited Duty, 10 Alcohol, 20 H Alcohol and Drugs, 20 Long -Term Disability Insurance, 12 Off -duty Hours, 21 Health Care Tax -Free Dollar Account Program, 17 Alcoholic Beverages or Other Drugs, 21 Health Plan Coverage, 1 I Alternate Benefit, 11 Alternate Benefit, I i Alternate Work Schedule, 5 Hearing Aid Benefit, 18 Temporary, 5 Hold Harmless, 18 Americans with Disabilities Act, 1 I Holidays, 7 Dues Deduction, 18 Observed, 7 B Regular Part-time Employees, 8 Hours of Work, 5 Basic Tool Kit, 19 I C Educational Incentive Pay, 16 Invalidation, 23 Call Back, 6 Replacement, 23 Catastrophic Leave, 10 Suspension of Agreement, 23 CFRA and FMLA, 10 Off -duty Time, 6 Clothing Allowance, 15 L Compensatory Time, 6 Compensation Rate, 6 MOA - S.E.I. U. Maintenance Workers • July 1, 2009 through June 30, 2011 26 Labor Management Committee, 24 D Life Insurance, 13 Light or Limited Duty, 10 Death /Bereavement Leave, 12 Longevity Pay, 16 , Deferred Income, 13 Long -Term Disability Insurance, 12 Dental Coverage, I l Dependent Care Assistance Program, 17 M Disability Insurance Long -Term, 12 Management Rights, 22 Short-Term, 13 Membership - Service Fee, 18 Drugs, 20 Military Training, 9 Dues Deduction, 18 Miscellaneous Pay, 20 Dumping Privileges, 24 N E Non- Discrimination, 23 Education and Training, 15 Educational Incentive Pay, 16 0 Stipend Levels, 16 Effective Date, 22 Off -duty Hours, 21 Employee Listing, 18 Off -duty Time, 6 Employee Performance Evaluations, 23 Overtime, 6 Employee Response to Performance Evaluation, 23 Compensation Rate, 6 F p Fair Representation, 19 Paternity Leave, 10 Fiscal/Budgetary Impacts, 20 Pay Day, 20 Fringe Benefit Administration, 9 Paycheck Deduction, 18 Fringe Benefits Payment to Beneficiary, Retired, Deceased and /or Permanently and Totally Disabled Payroll Deductions - Agency Shop, 18 Employees, l 3 Performance Evaluation, 23 Fringe Benefits for Part-time Employees, 9 Employee Response, 23 Fringe Benefits, Other Than Vacation and Holidays, 9 Personnel Files, 23 Funeral Benefit, 12 MOA - S.E.I. U. Maintenance Workers • July 1, 2009 through June 30, 2011 26 Personnel Rules and Regulations, 22 Prescription Drugs, 21 F Regular Workday Employees Employed as of June 30, 1986, 5 Employees Hired After June 30, 1986, 5 Regular Workweek, 5 Employees Hired After June 30, 1986, 5 Replacement, 23 Residency, 21 Retired, Deceased and /or Permanently and Totally Disabled Employees, 13 Retirement Programs, 17 S Safety & Work Equipment, 19 Safety Glasses and Contacts, 19 Safety Items, 19 Salary Adjustments, 20 Scrap Metal Fund, 24 SEIU Agency Shop, 18 Dues Deduction, 18 Employee Listing, 18 Fair Representation, 19 Hold Harmless, 18 Membership — Service Fee, 18 Officers, 23 Paycheck Deduction, 18 Required Membership, 19 Shop Use Policy, 24 Short-Term Disability Insurance, 13 Sick Leave, 10 Accumulation, 10 Smoking, 21 Condition of Employment, 21 Employees hired after July 1, 1993, 21 Non - smoking Pay Premium, 21 Non - smoking Status, 21 Sports Center and Lap Swim, 22 Stand -by Duty Work Assignments, 7 Stand -by Pay Weekend and Holiday, 6 Weeknight, 6 Stand -by /Call -out Minimum Pay, 7 Succeeding Agreement, 23 Suspension of Agreement, 23 Term of Agreement, 22 Termination Date, 23 Transfer Rights, 24 Use of City Facilities, 22 T U V Vacation, 8 Benefits, 8 Eligibility for New Hires, 8 Maximum Accrual, 8 Schedule, 8 Schedule Based on Seniority, 9 Seasonal, Seasonal Part-time and Temporary Employees, 9 Vision Coverage, I1 W Work Curtailment (No Strike Clause), 22 MOA - S.E.L U. Maintenance Workers • July 1, 2009 through June 30, 2011 27 APPENDIX A: INSURANCE PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/09 - 6/30/11 EMP10YEES,HIREDPRIOR:TOJULYI' 1993 whoretire ,between:. ? /ij09`and "6J30j2010. *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only. Ongoing Ongoing City contribution monthly City monthly City formula at time of contribution to contribution to retirement is: Lowest employee- Lowest employee +1 retiree premium: retiree premium: 80% of the lowest only premium cost at premium cost at Enroll retiree Enroll retiree cost premium. time of retirement time of retirement only. &eligible others. 80% $402.80 $805.59 X322 24......, ,.. ..,.. $6,,44.47 EMPLOYEES HIRED PRIOR TO JULY 1 1993 whdret�re;tie #ween,7 /1/109 and "6%30/2011:. ; Ongoing Ongoing City contribution monthly City monthly City formula at time of Lowest employee- contribution to contribution to retirement is: only premium cost Lowest employee +1 retiree premium: retiree premium: 80% of the lowest at time of premium cost at Enroll retiree Enroll retiree cost premium. retirement time of retirement only. &eligible others. 80% . $415.41 $830.81 :. EMPLOYEES, HIREU ,between,JULY1, "1 "993,andJune 3Q,_ 200 •whoretire•between7 /1 /09"and 6/30/2010 =" City contribution formula at Lowest Ongoing monthly % of City time of Lowest employee +1 Ongoing monthly City contribution contribution retirement: employee -only premium City contribution to retiree Years based on 80% of the premium cost cost at to retiree premium: of Years of lowest cost at time of time of premium: Enroll retiree+ Service Service" premium. retirement retirement Enroll retiree only eligible others. $402;80 $805.59: ,�..$fjl• 1� .'..,..'_ $402.80. $805.59 . �s� S k 0 0 80/ , $402'.80 $805 59 "• $22 24 :.. $644 47 ; EMPLOYE ES HIREQ•between"JULY1,11993 and lure 30, , '007,W horetire betvueen Z /1%10 and 6/30/2011 City contribution formula at Lowest Ongoing monthly % of City time of Lowest employee +1 Ongoing monthly City contribution contribution retirement : employee -only premium City contribution to retiree Years based on 80% of the premium cost cost at to retiree premium: of Years of lowest cost at time of time of premium: Enroll retiree+ Service Service premium. retirement retirement Enroll retiree only eligible others. 19.99* 50%, 80%' $415.41 $830;81 $16616 $332:32 20'` sry n l Z4 99 7S %...., $415.41 $830 81 25 +. 100% . 80%," :. $415.41 $830 81 *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only. APPENDIX B: Certification and License Program The purpose of this Appendix is to describe the City's Certification and License Program. The City and the Union recognize the. value to the City of highly qualified employees, and to that end has established a schedule of stipends for employees that obtain certificate and licenses. There are three designated levels for stipends: Level I Stipend: minimum of 7 points 2.6% of base pay Level 11 Stipend: minimum of 14 points 4.5% of base pay Level III Stipend: minimum of 20 points 6.0% of base pay The certifications and licenses listed below are general descriptions. Some certifications provided by trade groups may not meet minimum City standards and will not be counted as valid certification. Final determination of applicable licenses and certifications shall be made by the City Manager or his/her designee. Certifications /Licenses Point Value OSHA Certified Trainer 3 points Pool Operator 3 points Certified Playground Inspector 4 points HVAC Certified Technician 3 points Certified Master Mechanic 3 points Backflow Certification 3 points Hazwoper Certification 3 points Water Distribution 1 License 3 points Sewer Collection 1 license* 3 points Class A or B Drivers License 7 points Journey -level Trade Training 2 points (e.g. electrician, plumber, carpenter) Water Treatment 1/Distribution 2 license 4 points Sewer Collection 2 license* 4 points Water Treatment 2 /Distribution 3 license 7 points Sewer Collection 3 license* 7 points Water Treatment 3 /Distribution 4 license 10 points Sewer Collection 4 license 10 points Water Distribution 5 license 13 points * California State standards are pending on sewer collection licenses. This license may change based on final standards and will need to be updated at a future date. March 26, 2008 City of Rohnert Park and SEIU Local 1021 Maintenance Workers Certification and License Program Sideletter In July, 2005 the City of Rohnert Park and SEIU Local 707 (now SEIU Local 102 1) established a schedule of stipends for maintenance employees obtaining job - related certificates and licenses. In July, 2006 and July, 2007 the Lead Worker Stipend and the Senior Lead Worker Stipend were increased to 2.1% of salary and 5.0% of salary, respectively. During negotiations for a successor MOA in 2007 between the City and SEIU Local 1021, the program was further modified, creating three levels for stipends and increasing the amount for "Lead Worker" and "Senior Lead Worker." The program and qualifications are described in Appendix B of the MOA. By signature below, the City and SEIU Local 1021 agree to the following in transitioning to the modified Certification and License Program • Art employee receiving the Lead Worker Stipend or the Senior Lead Worker Stipend on June 30, 2007 will receive the respective increase (from 2.1% to 2.6% for the Lead Worker, from 5.0% to 6.0% for the Sr. Lead Worker) less any applicable deductions or taxes, retroactive to July 1, 2007. • If during the period between July 1 and December 1, 2007 an employee, as a result of obtaining applicable certificates or licenses, would have become eligible for the Lead Worker Stipend or the Senior Lead Worker Stipend under the program criteria in effect prior to July 1, 2007, the employee will receive the increased stipend amount retroactive to the date he /she became eligible, less applicable deductions and taxes_ • An employee that, as a result of the modification to the stipend criteria qualified as of December 1, 2007 for a higher stipend, shall receive an amount equal to the difference between the stipend amount received and the amount they were qualified for, retroactive to December 1, 2007, less applicable deductions and taxes. • The stipends will be designated as Level I Stipend, Level 11 Stipend, and Level III Stipend in Appendix B of the MOA. • With the exception of employees that retired between July 1, 2007 and the date of this sideletter, employees that may have been eligible for additional stipend pay that have terminated employment with the City shall not be entitled to any retroactive payment. Calculation of retroactive payments for retirees shall be on salary only, less applicable deductions and taxes,'and shall not include vacation or other "payouts" that the retiree may have received at the time of retirement. For the City: For SF cal 10 uce 4Zd_, Chie Negotiator Paul Carroll, Chief Negotiator '�!r�Uf� <3 , The City of Rohnert Park and Service Employees International Union, Local 1021 Side Letter of Agreement July 13, 2010 The City and the Union have met and conferred regarding unpaid furloughs, and the parties agree to the following: 1. A furlough bank of one - hundred and sixty (160) hours shall be established for each employee during the term of this Agreement. Employees' monthly salaries shall be reduced by a percentage equal to approximately eight and nine - tenths (8.89) hours per month between January 1, 2010 and June 30, 2011, representing a total of one - hundred and sixty (160) hours and an approximate annualized wage reduction of 3.85 %. 2. The furlough bank of hours ends at the end of this Agreement and may not be carried forward. 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. 3. The schedule of "monthly days off for the 18 -month period shall include sixteen (16) nine- hour days off, and two (2) eight hour days off for a total of 160 hours. Days off shall generally be on the third Monday of the month, unless the third week of the month includes a paid holiday. For the City: For the Union: Date: Date: RESOLUTION NO. 79 -22 EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION BE IT RESOLVED'BY THE COUNCIL OF THE CITY OF ROHNERT PARK ARTICLE I — GENERAL PROVISIONS SECTION 1 STATEMENT OF PURPOSE It is the purpose of this Resolution to insure: a_ 'Employee Grievances are heard and resolved fairly and promptly b. City employees are treated fairly and chat 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 employeIe classes or. positions, established for the purpose of_collective representation: b_ City means the City of Rohnert Park. c... Employee means a.ny city.pfiiployee,- -riagardless.of status. d. Grievance means-'a complaint or dispute by an employee; group of employees, or a recognized employee organization concerning the interpretation Of application of any matter falling within the scope of this grievance procedure. - e. Grievant means the party who has initiated a grievance. procedure either informally or formally. f. Immediate Supervisor means the individual who immediately assigns, reviews, or directs the work of an employee. g. Intermediate Supervisor means the supervisor next above the immediate supervisor as determined by.the department head. h. Recognized Employee Organization means. an employee organization which has been formally acknowledged by the city as a recognized employee organization representing employees in an appropriate unit- i. Working Days means those days on which the city administrative offices are open for conduct of normal business. SECTION 3 SCOPE a. This grievance procedure pertains to application, interpretation, and noncompliance with memorandums of .agreement, council resolutions, city ordinances, and: departmental and city - rules, regulations, and practices governing wages, seniority, written reprimands, hours, safety, and other terms and conditions of employment which the city has authority to change and for which no_.other appeals procedure is provided. Issues excluded from'the scope of this grievance procedure include those matters which the city has no authority to change and matters for which alternative appeals. procedures have Page 3 been provided such as. performance'appraisals,, demotions, suspensions, and dismissals_ Disputes concerning exclusive city`rights with respect to mattes of general legislative or managerial. policy do not constitute grievances under this procedure. The nature of these exclusive city rights are described in Section 3_e_ 'below. b. A grievance may be initiated by an employee, jointly by a group of employees, or by a recognized employee organization_ c_ Employees who are in units represented by a recognized employee organization may choose to represent themselves or be represented. by the recognized employee organization at any stage of this grievance procedure_ Employees who are not in a represented unit rnay choose to :represent themselves or. be represented by any - layperson. or employee organization_ Neither the grievant party nor, the city may be represented by legal counsel_ d. No employee or recognized employee organization shall be interfered with, intimidated, restrained, coerced; or discriminated against for exercising .these .grievance rights. e_ Nothing in this grievance procedure. shall.be construed to restrict any legal or inherent exclusive city rights with. respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedure and .standards of selection for employment; direct its employees;' take disciplinary. action; relieve its employees from duty because of lack of. work or for- other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government .operations. are to be conducted; take all necessary actions to carry out its mission in. emergencies; and exercise complete control , discretion over its organization and technology of performing its wor_ ARTICLE 11 — INFORMAL GRIEVANCE PROCEDURE SECTION 4 GENERAL \ a_ It is the mutual responsibility of employees,. employee organizations,. and management to resolve grievances informally and at the lowest practicable level of management, whenever possible- .b. Informal procedures must be. exhausted prior to initiation of the formal. grievance procedure_ SECTION 5 STEP ONE — .IMMEDIATE SUPERVISOR a. The grievant shall first present the grievance orally to his /her immediate supervisor in an informal meeting. The grievant may request such a meeting at any reasonable time, and the supervisor shall meet within five (5) working days after such request_ In the meeting the .grievant 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 shalt conform with the steps and provisions prescribed in Articles Ill and IV. Page 4 ARTICLE 111 — FORMAL GRIEVANCE PROCEDURE SECTION 6 GENERAL a. All the formal grievances shall be in writing_ .A supply of'grievance forms shall be maintained in each department and shall be :readily accessible to all employees and recognized employee organizations. b. Each. level of management upon receipt. of a formal :grievance. shall notify the recognized employee organization -(if any.) which- represents- the: employees of the unit from which the grievance .originates conceming_the:.times and places of all grievance proceedings_ The highest level of management involved shall notify . the appropriate recognized employee organization(s) In writing prior .to implementation of . any grievance settlement which affects ..the rights or conditions of employees they represent. SECTION 7 STEP TWO— INTERMEDIATE SUPERVISOR. a. The grievant may appeal the immediate supervisor's decision by completing Section 2 of the grievance form and filing it with. the appropriate intermediate supervisor within five (5) working days_ b_ The intermediate supervisor shall within ten (1.0) working days investigate the grievance, . discuss the grievance with the grievant and /or representative as requested, render a decision in writing on. the grievance. form together with the reasons therefore, and return the form to the grievant_ SECTION B STEP THREE — DEPARTMENT'HEAD a_ The- grievant; .may .appeal the intermediate` supervisor's 'decision .by completing Section .3 of. the grievance form .,and filing. -it with the appropriate .department head within -five (5) working-days- b_ The department head shall within ten (10) working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant. . SECTION 9 STEP FOUR = CITY MANAGER- a. The grievant may appeal the:department head's decision by completing Section 4 of the 'grievance form and filing it with the City Manager's office within five (5) working days. b_ The City Manager or his /her representative shall within . ten, (10) working days investigate the grievance, discuss the grievance with the grievant and /or 'the grievant's representative as requested, render a ` decision in writing on the grievance form together with the reasons therefore, and return the for 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 shalt then schedule the appeal for hearing not .later than ten (10) working days from the receipt of the grievance and shall forlb:'" 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 shalt conduct .a hearing,:.and shall hear all witness, testimony and evidence from both sides and shall render a written decision on, the grievance form together with reasons therefore and return the form to the grievant, through the Personnel Office, within ten (10) working days. A complete tape recording and /or transcript shall. be kept for all ; Grievance Appeals- Committee hearings_ The cost of any. transcript or transcript,of any tape recording shall be paid for by the requesting party. d. A majority decision of the Grievance Appeals Committee shall be final and bindingynless such decision binds the city to .a financial expenditure which can be authorized -only by the City Council. 'in such case the City Council may review the record and affirm, reverse, modify, or refer the matter back to the Grievance Appeals Committee for further hearing. Such action shall be taken by - the City Council only on a review of the record and .a finding that the decision of the Grievance Appeals Committee was not supported by the record. ARTICLE IV — RULES OF PROCEDURE SECTION 11 COMBINING GRIEVANCES An employee shall include all current grievances in one grievance procedure_ To the degree practicable, grievances shall not be duplicated. if several grievants wish to present grievances which are the same or substantially similar, such grievances shall be joined in one proceeding by mutual agreement of the. grievant or grievant's representative and the Personnel Department Where there. is •no mutual agreement to join grievances, the. same or substantially similar grievances shatl 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 shalt not. be unreasonably withheld: SECTION 15 PRIVACY All grievance procedures shall be conducted in closed sessions, ,except that specified observers may be admitted by mutual agreement of the parties. involved. ARTICLE V — GRIEVANCE APPEALS COMMITTEE SECTION 16 COMPOSITION AND SELECTION o 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 aitemaie. for each of the three (3) principal Grievance Appeals Committee members shall be selected. to serve for the same - period as that of their respective principals. Alternate members shall be selected in the same manner as principals except that no alternate . member shall be .from the same .city department or appropriate unit as his /her respective principal- Alternate members shall serve in the place of ,their respective principals when 'the principal is unavailable, when the principal abstains from serving, and when .the principal is from the same city department of appropriate unit in which the grievance originates. SECTION 18 COMMITTEE PROCEDURE The Grievance Appeals Committee shall meet on call of its chairperson or of the Personnel Office. Deliberations of .the committee shall be informal and shall provide a full and fain hearing of the grievance and proposed solutions. The city shall provide the 'committee with suitable facilities and reasonable secretarial. support_ Each .party shall bear its own costs for any expenses involved in calling witnesses or producing desired evidence. ARTICLE VI — MISCELLANEOUS PROVISIONS SECTION 19 CONSTRUCTION This resolution shall be administered and construed as follows. a_ Nothing in this resolution shall be construed to deny to any person, employee, organization, the city, or any authorized officer; body or other representative of the city, the rights, powers and authority granted by Federal or State law. Page 7. b_ This resolution shalt be interpreted so as to carryout its. purposes as set -forth. in Article J. SECTION 20 SEVERABILITY If any provision of this resolution, or the application of such, provision to any person or circumstance, shall be held invalid, the .remainder of this resolution or the application of such. provision to persons or circumstances other than. those as to which it is held invalid; shall not be affected thereby. DULY AND REGULARLY adopted this thirteenth day of February, 1979- CITY OF ROHNERT PARK Is/ Warren K. Hopkins Mayor Hopkins AYES: (5) Councilmen Beary Carbone, Roberts, Stewart and Hopkins NOES: (0)' None ABSENT: (0) None ATTEST: Is/ Sandra Faus Deputy City Clerk Re- typed.January 2003 . jdc Page 8 RESOLUTION NO. 80 -140 RESOLUTION OF THE COUNCIL OF.THE CITY OF ROHNERT PARKOUTLINING POLICY FOR PROVISION OF FRINGE BENEFIT$ TO PER14ANE4T PART -TIME EMPLOYEES WHEREAS,. the Council.fi.nds.and determines that it is appropriate to extend_ certain fringe benefits to permanent part -time employee "s who are employed on a year round basis, and WHEREAS, the Council..differentiates between permanent part -time employees who work year round and seasonal part -time employees who are employed for six (6) months or less, and . WHEREAS, the Council recognizes the city's obligation as a responsible employer to provide thet fringe benefits on a pro-rata basis to permanent part -time @mployees 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. ll.; Dental care benefits on a pro-rata basis.. 12. Pro-rata basis will be determinex by the amount of time that the employee regularly works. Pro-- ration shall be done on a one -half or three-fourths basis only with permanent part -time employees having to put in at least 20 hours weekly minimum on a regular basis to get the half -time contribution towards .fringe benefits and employee having to put in at least 30 hours.. . weekly on a regular basis to qualify for the three - fourths city contribution towards fringe benefits. Permanent part. -time employees working regularly less than one -half time, that is less than 20 hours per week, shall not be entitled to fringe benefits.. 13. For items 8 through 11 above, pro -rata basis means the city will contribute towards the premium cost for these fringe benefits on a ratio 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 depePnts dovered. BE IT FURTHER RESOLVED that the C ffirms the city policy of not extending fringe benefits to season employees who are employed for six (6) months or less. DULY AND REGULARLY ADOPTED thi.01th iA ust, 1980. AYES: (3) Carbone, Cavalli R Robert ' ROHN NOES: (0) None ABSENT: (2.Y HopkinsD § tewart s�. Mayor o- Tenpore ATTEST: City C-1 J 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 w ithin. memoranda of agreement. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 96 -203 is rescinded. BE IT FURTHER RESOLVED that -1)' the alternate benefit amount shall be established in memoranda of agreement or outlines of certain conditions of employment that govern employees' compensation and benefits. 2) the alternate benefit amount is not salary or compensation and the benefit may only be directed into an employee's deferred compensation account, toward CalPERS service credit, or for the purchase of supplemental life insurance and/or any other eligible benefit program approved. and authorized by the City. 3) the City and eligible, active employees are subject to all applicable laws, rules and contracts of third parties such as the IRS, CalPERS, and health insurance providers. Eligibility and continuation of the Alternate Benefit Program is subject to compliance with applicable laws, rules and contracts. ... ....... - — ----- . ........... .. . . ....... . BE IT FURTHER RESOLVED that the City hereby establishes this alternate benefit program effective December 1, 2007 and the City Manager-is authorized to administer said program. DULY AND REGULARLY ADOPTED this 23d day of October, 2007. CITY OF ROHNERT PARK Mayor ♦ rVIIITICIT_ BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK-MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) y.............. - .... _ _ ..._... _ _ ..- ._.._.. ...... . RESOLUTION NO. 2001 -_17o .A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE, ACTIVE EMPLOYEES WHEREAS, the City has established. a. system and pool whereby employees of the City of Rohnert Park may donate and use vacation hours to alleviate financial hardship in catastrophic circumstances; and WHEREAS,: -the .City wishes to expand the program to include the donation of compensatory: hours; and WHEREAS; the . City agreed in the meet and. confer process with employee - groups to. establish a Catastrophic Leave Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert-Park hereby adopts and approves "Exhibit A" hereby attached as it's Amended Catastrophic Leave. Program for eligible active employees. BE IT FURTHER RESOLVED that the City hereby establishes this Amended Catastrophic Leave Program and that the City Manager is authorized to administer said program: DULY AND REGULARLY ADOPTED this 11th day of December, 2001. CITY CITY OF ROHNERT PARK ,n n Mayo FLOKES: AYE KELLEY: AYE SpQ20: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) . EXHIBIT "A" AMENDED CATASTROPHIC LEAVE PROGRAM Purpose The purpose of the .Catastrophic Leave Program is .to establish a system and pool whereby employees of the City of Rohnert Park may donate vacation and compensatory hours to a pool for an employee in need who meets the criteria to obtain Catastrophic Leave to alleviate financial hardship. _ Catastrophic Leave Pool All regular full -time and part -time employees of the City of Rohnert Park may donate up to forty (40) hours of his /her vacation time per calendar year into the Catastrophic Leave Pool... The donating employee must have a vacation leave. balance of at least forty (40) hours after the donation of vacation time. All regular, full -time and part -time employees of the City. of 'Rohnert Park may donate pup . to forty (40) hours of his/her compensatory time: per calendar year into the Catastrophic Leave Pool. The donating employee is not required .to have a compensatory time balance after the donation of the compensatory time: All time donated 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 or injury such as, but not limited to; cancer and. heart conditions which clearly incapacitate the employee; for a serious illness or injury to a spouse, child, parent 'or other dependent who is in need of the employee's care. Eligibility To be eligible to apply for hours of catastrophic leave, an employee must be a regular, full -time or part -time employee who has completed 2080 hours or one -year of employment with the City, and has exhausted all other benefits available for which they are entitled_ Catastrophic Leave, shall not be used in conjunction with. any other long -term or short-' term disability programs, Social Security" or Workers' Compensation Benefits. Catastrophic Leave may not be used to extend a date of retirement. - Should this program conflict with any other provision of law, applicable Government .Codes or CalPERS regulations, the City will comply with those provisions and not the Amended Catastrophic Leave Program. 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 Cpmmittee within ten (10) calendar days of the City Manager's decision_ A majority decision of the Leave Appeal Committee is finaland 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 N0..01- 270 , DATED 12/11101. RESOLUTION NO. 98- 214 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 CERTAIN EMPLOYEES IN THE DEPARTMENT OF PUBLIC WORKS REPRESENTED BY SERVICE EMPLOYEES INTERNATIONAL UNION (S.E.I.U.) LOCAL 707 WHEREAS, the City of Rohnert Park has the authority to implement Government Code Section 20636. Pursuant to Section 20691; WHEREAS, the City of Rohnert Park has a. written labor agreement, known as the Memorandum of Agreement for the S.E.I.U. Employees Local 707, which specifically provides for the inclusion of normal member contributions paid by the employer on behalf of the members as additional compensation; WHEREAS, one of the steps in the procedure to implement this section is the adoption by the City Council of the City of Rohnert Park of a Resolution giving notice of its intention to commence reporting the value of employer paid member contributions (EPMC) as compensation for all members of a group or class; WHEREAS, the following is a statement of the proposed change in reporting compensation to CalPERS; The City of Rohnert Park elects to pay 7% of employees' compensation earnable as Employer Paid Member Contributions and report the same 7% of compensation earnable as additional compensation. This benefit. shall apply to all employees that are designated members of. the S.E.I.U. Employee Bargaining Unit. This benefit shall be effective on January 1,1999; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rohnert Park shall implement Government Code Section 20636, pursuant to Section 20691, by paying and reporting the value of Employer Paid Member Contributions for certain employees in the Department of Public Works represented by Service Employees International Union (S.E.I.U.), as indicated above. DULY AND REGULARLY ATTEST: this 10'h day of November, 1998. CITY OF ROHNERT PARK Mayor FLORES AYE MACKENZIE AYE REILLY AYE VIDAK- MARTINEZ AYE SPIRO AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) INTER- OFFICE MEMORANDUM TO: Roland L Brust Director of Public Works /City Engineer FROM: ilia h MN e er City Manager CC: Homer W. Rail, Supt. of Public Works Memorandum of Agreement RE: Administrative Policies - Public Works Department DATE: August-31,1993 The City-has established the following.adrninistrative policies for Public Works' employees: 1. Inter/intra- department transfers /cross- training MsZtonnel be used for disaplinar r purposes Without due process as.provided for in the.0 Rules & Regulations. City management has the right needed. to transfer or re- assign personnel at its. discretion as 2- Work E ur ment The Citys intent is to provide employees with adequate and necessary wo ' equipment to Perform their .as signed duties.. s. 3. Use of Lunchroom for Union Meetin s - The members of S.E.I.U. - Local .707 will be allow reasonab a use' of a omnration Yard lunchroom . for union business. City management has the right to restrict use of the lunchroom in the event it impacts non= represented employeimpacts use of the lunchroom and City receives coaints opr, non' regarding same. mpl r 4. Alternative Work Schedule for Em to ees Hired After June 30 1986 - It is mutually, agree y .. an ity at fly different from Monday through Friday fo those emPia es hired .afterg June 30, 8fi k is also mutually agreed that this designation should be done for a period of not less than a three (3) month period, except in the case of an emergency situation. City agrees to provide two (2) weeks notice to employee' of the supervisor`s intent to designate an employee to an alternative work week (different from. Monday through Friday), except in an emergency situation. - - - - -'... ... ..... _ .... .. RESOLUTION NO. 92- 174 A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF ROHNERT PARK APPROVING UPDATED DISABILITY WAGE PLAN WHEREAS, City staff recognizes the appropriateness of updating certain employee benefit plans in -order to provide for any changes; and WHEREAS, the City's 'existing "Disability Wage Plan" was instituted on August 1, 1972' and has not been updated since that date; and WHEREAS,. City staff has conduct "Disability Wage Plan` pam ed a review of the City's existing phlet 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 sai4- 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 hereby approved, thereto incorporated herein, is DULY AND REGULARLY ADOPTED this 27th day of October, 1992_ i CITY OF ROHNERT PARK Mi" R1'PARK, mayor EST: '� y Deputy City Clerl z ECK.EE- HOLLINGSWORTH AYE iOPKI:JS AYE PE'Lli AyESPIRO AYE AYES --L NOES U ABSENT G ABSTAIN U 7 3 ' r S . 3 Y TABLE OF CONTENTS Section Title Page No_ DISABILITY WAGE PLAN Purpose I Eligibility I 3. Length of Service Schedule 2 .4- -Periodic Increase in Benefits 3 5. Benefits Renewal — 26 Week Rule 3 6- How Benefits Are Calculated' 3 7- Active Work Authorized Leave Requirement 3 8. Proof of Claim- 3 9- -Notification Required 3 Absence Reporting 4 Conditions Covered 4 12- Conditions Not Covered 4 13- Pregnancy or Maternity Leave 5 .14- Paternity Leave 5 -1 ' 5- Light or Limited Duty 6 16- Effect on Vacations 6 .17- Sick Leave Without Pay .18- Holidays During Disability fity *Retirement 6 19. Effect on 6 20- Sick Leave Benefits Misuse 6 '21- Temporary Layoffs 7 22-- Long Term Disability 7 23- Employee Death 7 .24- Changes In Plan 7 25. Non- Discrimination 7 26- Additional Information 7 INDUSTRIAL DISABILITIES Separate Schedules g. 2. Effect on Workers' Compensation DISABILI`T'Y 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 repaced by a DisabiIity..Wage Plan_ Effective this Disability Wage plan was updated and is described in this pamphlet_ The Disability Wage Plan is one of the most important benefits you enjoy as a regular employee, yet it costs you nothing_ It is,a benefit paid for entirely by the City_ Your obligation is to notify your supervisor or the.-Personnel Office as soon as possible when you become ill or disabled, and to keep them informed of the date you expect to return to work. .2. ELIGIBILITY If you are a regular employee, you are eligible for the benefits of this Disability Wage Plan in accordance with, the number of months or years of service, which you have completed, unless you are covered by a collective bargaining agreement, which provides a: separate disability wage plan. Regular part -time employees.shall participate in sick. leave benefits proportioned to their fixed work ratios. These Disability Wage Plan benefits shall apply to all offices, positions and employment in service of the City, .except: .2.1 Elective officers in the performance of their duties; 2.2 Members of appointive boards, commissions and committees; 2.3 Persons engaged under contract to supply expert, professional technical, or other services; 2.4 Volunteer personnel, such as volunteer auxiliary firefighters and public safety officer; 2.5 City Attorney; 2:6 Limited Service Personnel: 26.1 Temporary or seasonal employees employed by the City_ 26.2 Part time employees paid by the hour or day_ Sick leave shall not be considered as a right, which an employee may use at his/her discretion and shall be allowed only in case of actual sickness or disability. No punitive actions shall be imposed on employees taking justifiable sick leave. 3. LENGTH OF SERVICE SCHEDULE If you a regular employee and are ill or disabled as a result of non- work - related* circumstances, your pay will be continued by the City in accordance with your length of service under the following schedule: (For all eligible employee except Public Safety Officer /Community Services Officer hired after August 1, 1989.) Completed Months Week's Benefits. (PLUS) Week's Benefits of. Service at Full Pay ' at Half Pay 3 0 1 6 p 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 .g g 28 . 1 10 32 E I1 1 1.1 31 12 12 30 13 13. 29. 14 14 28 15 15 27 1 16 .16 26 1 17 17 25 P 18 18 19 19 23 20 20 22 21 21 22 22 20 23 23 19 24 24 18 25 25 17 26 or more 26 1 b For all Public Safety Officer /Community Services Officers hired after August 1, 1989: I 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 /CommunitylServices 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.ofbenefits is renewed automatically in accordance with length of service. An employee is always eligible for the maximum amount of scheduled benefits, less any amount of paid sick leave they have used. (The aforementioned benefits renewal/26 week rule does not apply to Public Safety Officer/Community Services Officers hired after August 1, 1989.) 6. HOW BENEFITS ARE.CALCULATED An employee's disability pay will be calculated on the basis of the employee's normal earnings exclusive of overtime. 7.. ACTIVE WORK /AUTHORIZED LEAVEREQUIRE1VIENT Sick leave benefits shalt be earned -and accrued to regular ernployees'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 (QO)'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 in►mediately.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_ r 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 maybe requested:forillnesses of less than five (5) days; 11.2 An employee's non - industrial dental, eye or other physical or medical examination or treatment by a licensed practitioner_ Leave. for this purpose may be limited to four (4) hours in any one working day at the discretion of the department head; 11.3 Providing .necessary care for an ill or injured member of-the immediate farnily. Absences of more than one (I) days for this reason require a doctor's statement indicating that the employee's presence was required. Leaves for this purpose are limited to three (3) workdays; 11.4 Family Care Leave= Employees may request an unpaid leave of absence (family care leave) for a newborn or newly adopted. child, or to care for a seriously ill family member. Requests for family care leave shall comply with the requirements of Assembly Bill 77. For specific information regarding family care leave contact the City's Personnel Office. 11.5 Death/bereavement leave in the immediate family_ Employees may use up to three (3) . days of their accrued sick leave (or death/bereavement 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 regu.Iar employee shall be entitled to utilize full pay non - industrial sick leave benefits and other accrued leave on the same basis as other employees who are temporarily disabled due to a non - industrial illness or injury_ For those employees who Have over one (I) year of continuous service, that.employee shall be entitled to utilize either accrued full pay non- industrial sick leave or a minimum of three: (3) weeks accrued half pay non- industrial sick leave, whichever is greater_ Such disabifityleave on account of normal pregnancy or childbirth shall not exceed (9) weeks; A probationary employee having completed less than one (1) year of service shall be entitled to utilize any accrued half pay non - industrial sick leave benefits 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 steals commence upon certification - from the employee's attending physician that she is no longer capable of performing the duties of her position without undue risk to herself or other persons; 13.3 In no event shall the employee's paid leave exceed the.total of the employee's accumulated but unused full..pay non = industrial sick Leave; or as specified, half pay non- industrial sick leave, and other accrued leave; 13.4 An employee may. be absent from employment for a reasonalile.cohective period of time -rot to exceed four (4) months (including period of paid sick leave) during the time of pregnancy and post - pregnancy period_ During this period of tune, the employee may utilize any accrued vacation time_ Unpaid leave shali-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 frill 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 ogre unless reinstatement:to the former.or comparable position is not possible because of legitimate business reasons unrelated to fhe employee's pregnancy; 13.6 An employee may request an unpaid leave. of absence (under Section 28. 1, City Manager's Administrative Policy No. 1, Personnel Rules & Regulations) at the conclusion of her disability /maternity leave. Such leave shall be granted or denied on the same basis as leaves for other employees_ 14. PATERNITY LEAVE Regular employees may request a paternity leave of absence following the birth of a child in accordance with any applicable Memorandum of Agreement or Outline of Conditions of Employment_ ( "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, Iinuted,.or modified duty. Such assignments may be temporary or permanent_ They may involve: duties that differ from the normal work duties of the employee. Such light, limited;. or modified duty shall terminate when .the employee is physically or mentally able to perform all his/her normal work duties. . 16_ EFFECT ON VACATIONS 16.1 If an employee is on a vacation and becomes ill or injured, the Disability Wage Plan will not- apply until the day the employee is scheduled to return to work- 16.2 The disability benefits described herein are entirely separate from any vacation to which an employee's service may entitle them. Under most circumstances, disability absence will not disqualify an employee for eligibility for a vacation. In some cases, however, prolonged periods of disability may affect an employee's vacation eligibility_ 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 en►ployee. 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 Iaid off, the employee's disability pay normally will be continued in accordance with the length of service schedule, as long as the employee's illness or injury prevents them from working_ Naturally, this provision only applies in the case of temporary layoffs when there is 'a clear cut expectancy that the employee will be recalled to work within a short time_ Any layoff is subject to the American with Disabilities. Act (ADA) requirement that the layoff' s for the stated purpose and not a pretext for terminating employee(s) with disabilities_ 22. LONGTERM DISABILITY This Disability Wage Plan, or any other such applicable plan, shall be considered the primary plan and all benefits therein must be exhausted prior to eligibility for the City's Long Term Disability Plan. For additional information regarding the City's Long Term Disability PIan contact the Personnel Office. 23. EMPLOYEE DEATH Upon the death of an employee, any unused sick leave shall not be paid to the employee's surviving spouse or legal dependents. However, any said unused sick leave may be applied as service credit for the deceased employee's retirement account. For additional information regarding this matter contact the . Personnel Office or a Public Employees Retirement System representative. 24_ CHANGES IN PLAN City management hopes and expects to continue the Disability Wage Plan indefinitely, but as future. conditions cannot be foreseen, the City.reserves the right to change or discontinue this Plan at anytime. 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 Plait, no person shall in any way be favored or discriminated against to the extent prohibited by law because of political or religious opinions or. affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability. 26_ ADDITIONAL INFORMATION Employee's seeking further information regarding the administration of this Plan are welcome to contact the City's Personnel Office. INDUSTRIAL DISABILITIES 1 _ SEPARATE SCHEDULES The benefits which you are provided under the Disability Wage Plan for industrial illness or injury are separate and distinct from the benefits provided for non - industrial illness or injury. You may receive .. . separate disability wage payments for both industrial and non- industrial illnesses or injuries— but not both types at the same time. 2. EFFECT ON WORKERS' COMPENSATION If you become disabled as a result of an industrial injury, Workers' Compensation will be payable to you in accordance with, the applicable laws of the State_ Sick leave benefits shall not be.Wed for an industrial injury or illness_ i . j i • I • i i •_ i 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 initially a on April 11, 1966 with the rules and regulations being r presented as and anat�er's Administrative Policy No. 1; acid 9 WHEREAS, the City Council approved revisions to the Personnel Rules and Regulations on April 25, 1983; and WHEREAS, the City Council approved further revisions to the Personnel Rules and Regulations on November 12,1991; and WHEREAS, the existing Personnel Rules and Regulations require updating to be in compliance with current. state and federal taw, and WHEREAS, the City consulted with McDonough Holland & Alien, the law firm representing the City's legal interests, to provide recomm s ft endation on drafting revised Personnel Rules and Regulations compliant with existing state and federal laws- and Re WHEREAS, revisions. are proposed to the existing Personnel Rules and gulations to _ensure legal compliance, provide greater direction to City employees regarding the City's personnel policies, and include policies enacted by the Ci Council since 1991; and ty WHEREAS, the revisions have been discussed with the employee organizations as required by the meet and confer taws of the State.and the revisions have received approval by the employee organizations; and WHEREAS, EAS, the City Council Rotes and R has been presented the revisions to the Personnel ons and has found them satisfactory_ NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park City Council t the Personnel Rules "and Regulations presented as revised and dated Nove ht 2004 are hereby approved- . mbe DULY AND. REGULARLY ADOPTED this 9�' day of Deputy City Clerk MORES: AYE MACXYnZ. E ABSENT VIUAIC- M10tTWE2 AYE NRADLITI: AVE AYES- (4) NOES 0 OIiDIN: AYE () ABSENT. (l) ABSTAIN: (0) CITY 434F ROHNER-T PARK Personnel Rules and Regulaijons CITY MANAGER'S.'' ADMINISTRATIVE POLICY NO- 1 PERSONNEL RULES AND REGULATIONS .TY OF ROHNERT PARK Irs-onnel Rules and Regulations NOVEMBER 9,-2004 Page 1 of 39 3EC71ON 1.- INTRODUCTION ----- •------=------- - = - - -- - .PAGES 3 _ 5 SECTION 2 - PAY PLANS AND COMPENSATION ---------- ---------------------- _ -------------------------------- PAGES 5 - 8 SECTION 3 - BENEFITS - -- ---------- - - - - -= -- - - - - -- ----------=-- - = - - -- - - - - = - -- - - - - -= - - - -- PAGES 8 - PA 20 SECTION 4 - Ill -HOUSE RECRUITMENT ------------------ =•--__.-----:-_--- ----------------------- : ------ - -- PAGES20 - 21 SECTION 5 - RECRUITMENT PROCESS .---------- _. - - - - -- -- -- -- -- ------- ------ •------ _--- _--- - - - - -- PAGES 21 - 27 SECTION 6 - SEPARATION AND REINSTATEMENT _____ __ ___________________ ----- PAGES 27 - 29 SECTION 7 - INCOMPATIBLE ACTIVITYICONFLICTS'OF'INTEREST ___ ---------- _------------------ PAGES 29 - 30 SECTION 8 - DISCIPLINARY. ACTION --------:---•--._--_ ---------------------- --------------------------- ---------------- PAGES 30 - 36 GLOSSARY - DEFINITION OF TERMS ---------- ------------ ---------------------------------- --------------------------- PAGES 36 - 39 . RESOLUTIONS EFFECTING PERSONNEL POLICIES RESO 79-22. - EMPLOYEE-GRIEVANCE PROCEDURE RESO 92 -78 - EQUAL OPPORTUNITY EMPLOYER RESO 92 -79 - POLICY AGAINST DISCRIMINATION BASED ON DISABILITY - ADA RESO 93-38 - AGAINST HARASSMENT RESO 99-01 - ELECTRONIC MEDIA USE RESO 91 -192 - ANTI -DRUG POLICY RESO 87 -117 DEPENDENT CARE ASSISTANCE PROGRAM RESO 00 -10 - EMPLOYEE COMPUTER PURCHASE PROGRAM :(PERMANENT AS OF 2004) RESO 03-71 - PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING RESO 03435.. - 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 - ENTR0b(jCT10N A_ Purpose - The City Manager, as Personnel Officer for .the City or, hisiber designee; is charged with the responsibility alwof the City's Personnel practices, to 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 rinerit and fitness and to provide a reasonable degree of security for qualified employ established. ees,- the following rules and regulations are 3: Coverage - These rules and regulations apply to all offices, all regular tuff -time employees, regular art_ Mime employees, and all positions and employments in the service of the City, except; g' p 1_ Elective officers in the performance of their elective duties and 'Member' commissions and committees. s of appointed boards, 2_ Persons engaged under contract to supply expert, professional, 'technical or other services_ 3. Volunteer personnel, such as volunteer auxiliary firefighters jand public safety reserve officers_ 4. City Manager and City Attorney. S_ 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_ I'arl -time employees paid .by the hour or day who do not: meet the i definition of regular part-time - Imptoyees_ General Provisions - 1- The City express fy prohibits discrimination in emptoymerit`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 ind►vidu�t isaage ftus, 40) or over, or any other basis protected by federal, state or focal law_ 2_ An employee's work perfonnaice wilt be evaluated by there ►►nrriediate supervisor or the supervisor's designee a least once a year on a form prescribed.by the Personrie! Officer_ Supervisors will discuss their evaluations in full with each. employee, outfine' goals acid ex employee has done an outstanding job and suggest ectatrons, ,and point out where the ggest ways in which job performance can be enhanced_ 3- All regular appointments include' probations months for miscettaneous employees, not e period than stwen � erein -0 not less' than twelve (12) employees; not 'less than eighteen (18) months for dispatch emptoye(es4)and nott less tmanagement'. a eighteen (18) months for Public Safety sworn employees_ le n a_ Promotional appointments include a probation supervisory employees and twelve o2) months told of Snot Shan SIX- (6). months for non classifications)_ (nckJiies management 4_ Employees . must be physically and mentally able to perform the essential functions of the -ob with Without reasonable accommodation_ ) th or IY'OF ROHNERT PARK rsonnel'Rules and Regulations Page 3 of 39 :ITY OF ROHNERT PARK 'ersonnel Rules and Regulations 5. The.Cily reserves the right.to amend`these rules and agrees to meet and confer with representatives of recognized-employee organizatioris:on those changes that are within the scope of representation. 6. Nothing herein prevents or resiricts.the City's right to contract for performance of expert, professional, lechnicat :or any othnr services. 7. .Nothing Herein prevents..or restricts a, Supervisor, from issuing departmental rules, policies of regulations needed for. the efficient operation of a City department_ 8. The definitions applicable throughout these rules are set forth in the attached Glossary and are hereby incorporated by reference_ . D. Bargaining -Units - If any outline of conditions of employment or memorandum of agreement between a recognized "employe organization and the City conflicts with the provisions of these rules, then the provisions of "the mem e orandum of agreement will prevail E_ Personnel Records In the case of personnel records, the term "personnel records means any file maintained under the individual's . name by his or her .employing, agency containing records .relating to per data, including martial. status, - family members, educational and: employment history, or similar information, medical •history, election-of erinployee benefits, and employment advancement, appraisal, or discipline." i 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: a. Each ' emptoyee artist promptly notify the Human Resources Department of any changes in relevant personal. information;: including but not timiEed !o; mailing address; telephone number, name(s).. of dependeiii(sy and persons to contact in an emergency, along with contact information_ . b_ Personnel files are deemed confidential; unless the employee consents to a disclosure in writing or the City is .required to disclose: such, rriaterial by law.. City personnel have access to confidential personnel .files onty.off a. "need,to know" basis for legitimate business reasons_ 2_ . The :Citymainfairis a confidential file"foi all employees which contains all medical information, about an employee or. applicant_ Information in-this confidential, file is obtained and maintained in accordance. with state .arid federal taw (e.g_ the C'a- Wornia Confidentiality of Medical lnformafion Act and the federal Health .Iristicance Portability. and AecountabiCdy Act ( "HIPAA ") City personnel . have access to confidential medical #`des only on a ."need:to.hnow ".basis for legitimate business reasons_ 3_ All inquiries from outside 'agenpes, firms, or individuals conceming personnel will be referred to the Human Resources Department for handling and response_ This includes, but is not limited to inquiries concerning 'employee perforMahW-. :or evaluation in connection with new employment opportunities -arid employrent verifrcaGon checks for financing purposes. This procedure applies to both former and present employees_ a. -Absent a written -release from the erriptoyee, `the Human Resources Department 'provides only dates of- hire and termiiiation, .position title, acrd pay range_ b_. tnfonnaEron disseminated to in parties will be extracted from the personnel files in the .Human. Resources. Depaoment_ The. City's writien response to inquiries will be made a part of the ewil yee s personnel file and will be available for his/her scrutiny_ CITY OF ROHNERT PARK Page 4 of 39 Personnel Rules and Regulations CITY OF ROMNERT PARK Personnel, Rules and Regulations 4- Any employee who wishes to review his or her Resources Department and set u : an a Personnel records should :contact the Human be done. in the presence of the Human ResourceslAssistarit orlhis her designee at the location wheret the file is stored and at no loss of compensation io the employee_ Art employee may request a copy of any employment- related document that he /she has signed. This subsection does not apply to those employees covered by the Public Safety Officers' .Procedural Bill. of Rights (Government Code §3300 et seq,) a_ An employee is not entitled to. inspect records set forth in Labor-Code seelion .119t;_5(dj -as it may from time to time, be amended: impact records relating to the investigation "o . a crimiriat offense or letters of reference- b- An employee is not entitled to inspect complaints, or investigation of complaints, concerning an event or transaction in which the employee was involved or padicipaled to the exte disclosure of such information would constitute an unwar nt that the ranted invasion of personal privacy. 5. Employees have the right to respond in writing to any evaluation report placed iii their personnel file_ Such responses must be sribrnitted within thirty (30) calendar days of the evaluation interview and will be'induded 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 employee's period of employment and for arty 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 Resolutiop. 90 161 - SECTION 2 `PAY PLANS AND COMPENSATION Classification Ptan - 1_ Creation of classifications_ The City Council,-upon recommendation by the Personnel Officer, shag create ll classification plan !or City employees_ Each position shalt lie aUocat'ed to a class iderit>fied by Class title. Positions steal! have. the same class. title when'they conform. to the same specification or when the positions' descriptions are sufficiently similar as to responsibiltlies, level of supervision, and other characteristics_��tions' educational requirements, 2- Specification of classes•: A: class .may. include more than orte .position_ Each. class. will have a specification, which "includes. a concise; .descriptive title, a. brief definilion, a description of the .essential lob duties :and resfxirisibiliiies, a statement of special requireinerits, acid a' atem'eni of desirable qualifications. 3, Reclassification_ The Personnel Officer is spqnsible for, P reviemng the ositions. and recommending to the City Cound the, creation: of duties" and. responsibilities of existing classes_ The Personnel Officer shag review classificatiors arxlclasses etsd n Ehe following situations: . a• Upon the recommendation of the Supervisor or upon the request of an employee, the Personnel Officer has. the right to reallocate a position to a different class vuhenever its" duties change rnat'erialiy, provided the reclassification can be accomplished . within • budget fir' duties The Personnel Officer has the discretion to determine when the duties have materially changed which FY OF ROHNERT PARK. rsonnel Rules and Regulations Page 5 of 39 CITY OF RORMERT 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 Homan Resources Department_ ii: Within .fifteen (15) working days, the Human. Resources Department makes an initial- determination whether '.the employee's ongoing job duties and responsibilities warrant a position reclassification - Once completed; the Human Resources Department forwards its ..,recommendations to the Personnel Officer_ iii_ Within fifteen (15) working days the Personnel Officer affirms or modifies the Human Resource'Department's recommendations: As a general guideline, the Personnel Officer will provide the following conclusions to the employee. and his or her supervisor: re- assign work, duties so the employee is no longer. working outside of classification, appoint employee to .eisting classification with greater responsibility, or create. a. new classification that more accurately.reflects the employee's ongoing job duties and responsibilities. b: When the duties of. a position so change that no appropriate class for it exists, the Personnel Officer must 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_' -=Safaiy Ranges Plans and Compensation - 1 _ Meet and confer_ Th'e City will meet and confer. regarding changes to salary rates or salary ranges -affecting existing employees represented by a recognized employee organization_ After meeting and conferring, the Personnel-Officer will prepare ibe pay plan; which establishes a flat rate or salary range for.each class. 2- Changes to salary ranges. When the City Councif changes a salary range for a class, all employees' salaries in the class will be adjusted to the corresponding step in the new range_ 3_ . Transfer, to another class - An employee whose position is moved from one class. to another class that has the same- salary range does not receive a: change. in salary_ When an employee is moved m fro one class to a class with-a.higher maximum salary, the employee's salary in the higher class will be the minimum salary for that class, unless 'that minimum is lower than, or the same as, the employee's: salary at the time of the move: In that event, the employee will receive the next higher step. wilfun the pay.range of. the higher class: Employees receiving a promotion will receive at least a 5% increase in salary unless limited by [he salary range maximum_ The new review dale for. promoted employees is the date of promotion or in six (6) months if the employee in placed at Step A. 4_ Demotions. When an.employee is demoted, (moved from one class to a class with a lower maximum salary),. the Personnel Officer will set the employee's salary within the range of the class to which the employee has."been demoted_la this event, the employees anniversary date will be the same as the effective date of demotion forpurposes of conducting performance reviews and making corresponding Salary adjustrrienis_ The employee's original hire date will continue to determine his or her eligibility for other types of benefits and leave accruals'. 5_ Reclassifications_ Art employee. whose'position is reclassified, from one lass to a class with a tower maxunum salary retains•his/hei- original anniversary date_ A reclassified employee retains the salary of the. higher cl6ss- :4 the _employee's salary at the dine of reclassification does not exceed the maximum 'salary for positions of the tower class_ If that salary does exceed that maximum, the CiTY OF ROHNERT PARK Page 6 of 39 Personnel Rules and Regulations CITY-OF ROHNER7 PARK Peisonnet Rules arid.Regulations employee will continue to receive his/her present salary until such time as th class exceeds his /her rate of:pay_ e maximum salary for: the C_ Erne ;ogee. Perf orrriarice'Review andJor Evaluation .- The performance evaluation process is intended to conducted d at'letrvity and foster communication between supervisors and employees. Evacuations should be conducted ai _least annually in accordance with the schedule set forth for that employee's job classification and should I3e: based upon ppsition specific performance elements and work standards_ The evaluation must indicate cteart}r whether: overall'perforrnance is superior, satisfactory, or substandard: The review process most provide.for err. ...e feedback and face -to face communication_ Results oi. the performance review will be 0itized to ... etermine employee's training and development needs_ 1. Salary. adjustments_ Results Of the employee's current performance review will be used to determine satary adjusfrrienis on the. employee`s .anniversary .date_ Employees . whose work performance is satisfactory Will be eligibfe for advancement to the next high' r step the salary range_ Err►pfoyees who receive a less than satisfactory rating may not tbe eligible or of salary advancement on their anniversary date_ 2. Errrptoyee review ar.►d response, Employee will be provided evaluation `twerity -four (24) bours.,prior to the evaluation intery ew aEmploy es shaveh eor right to respond in writing to tlie'evaluation report should they so desire_ Said responses should be submitted to the reviewer.no Later than thirty (30) days after the evaluation interview_ Contents. of an employee's performance.evaluation are not subject to,. the' grieirance.procedure_ 3. Copies kept ' in personnel fife_ .: The employee's complete, on final, :and signed performance evaluation including any written comments provided by the employee - is filed in the eempfoyee' official-personnel file kept in.the Human R�esource Department. Pay P, er —mod The tray' period -fbe alE employees is tie rr►onihty on the q.5th and the Last day of ifie month_ When the 15 or fhe fast day of the month faits on a weekend or holiday.. prior Friday Ali':paychecks are to t distributed j.6* o the departments and delivered o the availdble the on the 1 Sib or the last 'day, of the:month_ . ' 1 _ T.irne cards_ `Alt employees are required to keep a. timecard and accurately record all hours worked- a. Full-time employees_ Regular Putt time worked. employees will be paid for the prior two week period b_ Part - time" ernplayes: " Regular .part-time -and hour[ timecards to.: the Finance ,Department _on the 5'" and :20"' of the month e and will bebpaid the foltowing':paydayior'the time submitted_ 2. Direct _ deposit_ Any employee wishing .to have their paycheck directly de contacting the Finance Department and fiifin " Y posited may do so by $out the required documents_. CITY OF ROHNERT PARK Personnel Rules and Regulations E. Overtime Overtime hours must be approved in advance by the °erinployee's direct supervisor or Department Head. -Overtime is to be kept to a minimum consistent with maintenance of essential City services. All non - exempt employees will be paid overtime as required by applicable faw and in, accordance -with any provisions in applicable memoranda of agreement. F_ -Compensatory Time Off - Subject to applicable memorandums) of agreemeni 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 lime off.is subject to the accrual cap in the relevant memorandum of agreement_ 1. Approval of overtime_ Employees must obtain pre- approval befoie 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 erployees, 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 overt ime 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 Cityfunctions_ 4_ Pay -out of accrued CTO. The City retains the right to.pay out unused CTO at all limes selected by the City._ The current •memorandum(s) of agreement or outline of certain conditions of,em.ployriient quill• reflect accrual information, time, and manner in which any payment for unused compensatory time will be made_ 5; Payment upon separation_ Upon separation, all employees will be paid a lump sum for all outstanding approved and accrued compensatory time and/or administrative leave. -6_ Use of •CTO- .Employees who wish to use CTO must obtain prior authorization of their Supervisor or Department Head: The City s policy is to permit the use of CTO -wilhin 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, Additiona{ty, the City usually observes any day declared the Governor to be a day of mourning or special observance for State employees. .2_ Weekend, holidays_ Generally, when a holiday falls on a Saturday, it shall be observed on the preceding Friday_ When. a holiday falls on a Sunday; it shall be observed on the following Monday. tf a holiday falls on an employee's regularly scheduled day off, the applicable rriemorandum of CITY OF ROHNERT PARK Page 8 0139 Personnel Rules and Regulations . CITY*OF ROt-INERT PARK .Personnel Rules and Regulations agreement Will determine whether the employee is paid holiday pay or given compensatory lime off-. (f any outline:of conditions of employment or memorandum of agreement conflicts with this subsection, the provision of the conditions of employment or memorandum. of agreement will prevail- 3. Holiday pay - Regular -full -time and regular part -time employees are entitled to receive time off with pay at their regular rate of pay for the holiday_ Regular part -time employees receive either 50% or 75% of the holiday pay as determined by the number of hours per week the employee is normally scheduled to work_ An employee who resigns may not-select a holiday as the employee's tasi day of employment_ 4_ Required work on holiday_ An. employee whose job performance is essential to maintain public services may be required to. work.ori a holiday: In such cases, the applicable MOA will specif pridlor benefits received for the work Performed on holidays - y the pay B_ vacation - 7; Vacation PoticY_ All regular full -lime and regular part -lime employees are entitled to vacation time off work.wit . pay_ Eligible regular part time employees accrue vacation at the rate of 50% or 75% of the atbtment- established for full -time employees as determined by the number of hours the part -time employee is regularly scheduled to work_ Eligible employees will accrue vacation but may not take accrued vacation until the completion of six (�} Monn 01 continuoust -of - service. However, upon coiiiplet "ion of-six months .of, service; he/she will be eligible to requests scheduled vacation This vacaGon.policy is subject to modification through an applicable MOA for represented employees_ 2_ . Vacation accrual_ Vacation accrues -for regular full -time employees according to the following schedules established in : ihe,:appticable .MOA's . or .Outline of Benefits for the Management and Confidea[ra); .Units_ 3.. Use of vacation_. An einptoyee`s scheduled vacation must be approved by his /her supervisor- The smallest amount of vacation time that may be used is `/. hour (i5 minutes)_ An individual may hate unused annual vacation leave carried over to .the fotkiwiri calendar year- If maximum accrual is reached, further- Vacation accrual wilF stop- 9' the available aril °p When the employee uses paid vacation time and brings cunt below the cap, vacation accrual, will resume at the regular monthly accrual: The City may, r►iake an exception to the vacation accrual cap in extraordinary circumstances where, due to the .requirements of City service, an ,employee is required to forego a vacation during the particular . er►d year_ In such, cases, ihe.af{eCted. employee may apply to the Personnel Officer to increase has or her vaeaiton °�P. bY: fhe number of: days the employee -was not permitted to take as vacation days- The Pers hhel Officer may, in his or her sole disaetion, grant such requests from time to time_ d- placation at termination_- Upon termination, an employee shaft receive a lump sum a balance of. accrued.vacaliori'hours_ Pa P payment for the effect for suctr em .to, es at. the time of, t&minatron When lertm na1 on ecaused by the death of the P . p y .in employee, pay for -unused .benefit shall be .paid to the same beneficiary the employee has - destgnafed for Life insurance benefits Benef -leis des ation otherwise, shall be in mpl signed by the employee artd filed with tiie..Finance Department, P:a_yrott Office_ Vacation accruals are not paid to employees who ale employed by the City -less than six months_ Holidays falling during vacation_ tNtten a day des occurs on a day on which, an employee is taking vacation, such employee she i not rbeacharged as using vacation for 'that- day_ The employee's compensation for that day he/she shall.not -be paid or charged for vacation_ This itolida y halt. be holiday pay, and an applicable MOA for represented employees_ y Policy is subject. to modification through " XFY OF RO"NERT PARK 'ersonnel Rules and Regulations Page 9 of 39 CITY OF ROHNERT PARK r. Personnel Rules and Regutalions .6_ illness during- vacation_ If an employee becomes ill or is injured while on vacation, the time off will - still be counted as vacation time and not sick time_ j 7_ Vacation accrual during leave of absence. Employees wfio are off. work on a paid leave shaif 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 teave - 1. Eligibility. Regular full -time and regular part -.time employees are eligible for sick leave in accordance with the applicable MOAs. Unrepresented, confidential, and-managementemployees'. eligibility for sick leave is - specified in the applicable City resolution ouilining'..their conditions of 'employment, benefits and salary adjustments. 2. Accrual. Sick leave shall be accrued in accordance with the applicable MOA's or Outline of Benefits for the Management and Confidential Units: 3.- Use of sick leave_ a_ To qualify for sick leave, the employee must report his /her illness or injury to his/her supervisor at the beginning of any sick leave period and daily thereaffer unless oFherwise arranged_' The supervisor may require a written stalement from the errtployee's. health care provider verifying that the employee is or was incapacitated and unable.-to perform his /her duties_ Any absence of five (5) days or more for sick leave will require a certification from a health care provider. b. Sick leave may be taken for an employee's personal., non- industrial-illness'or injury Additionally; the. employee may use up to one -half his /her yearly paid sick leave accrual (based on calendar year) to attend to an illness of a child, parent, spouse, or domestic partner of the employee or the child of the employee's domestic partner. c. An employee may use sick leave for medical examinations and appoir►trrients provided; however, that such leave lime may be limited io four (4) hours in any one working day at the employee's supervisors discretion- d_ An employee requesting to use paid, sick leave must specify whether .ttie use is for personal illness .or to care for a family member. In the event that an-employee exhausts lirs/fier paid. sick leave, he /she may be entitled to additional unpaid leave under =the Family and :Medical. Leave Policy_ e_ Any employee who is absent from work on sick leave shall not engage in work or other activities . at anytime that would be in conflict with the inability to report for -.work and to perform 'the.duties assigned_ Nan employee vioiafes this policy, a ppropriate4iseipfinary aetion:win 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. Erriployees 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 -:the. applicable Memorandum- of. Agreement_ . 6_ Sick leave and Workers' Compensation disability payrrients, An_ empibyee 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/her full salary in proportion to the amount of his/her full salary paid by the Cly.during such period of disabaity CITY OF ROHNERT PARK Page 10 of 39 Personnel Rules and Regulations CITY OF RO"NtRT PARK Personno Rules and Regulations :D. Bereavement Leave.- 1 _ In the case of death within the immediale 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 approval of the employee's supervisor if the employee must travel out of .the are may be taken upon a (at feast 250 miles one way)_ 2_ Immediate family in this .case means: spouse, domestic partner, father, father -in -taw, mother -in -lave, brother, brother in_faw, sister, sister -in -law, child (including 'mother, aunts, uncles, grandparents „grandparent - in-law, grandchildren and relationships hind loco parent and close personal relationships, with the approval of the City Manager or his/her designee. The employee's supervisor may require proof of death of the persons) 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 duty at soon as he /she becomes aware of his/her obligation and provide a copy of his /her military orders. 3- Compensation- Employees on temporary military leave will be paid their normal salary for the first thirty (30) calendar 'days while e ngaged in the performance of ordered military duty. . purposes shall-not exceed 30 days in each fiscal year_ It the employee's mititarY Leave. Pay for such days, the City will conttnueao pay' difference between.the em o ee's normal salary �d the fottat of his/her milita corn Pi Y ry pens w .if the employee is called -to active duty as a result of a declaration of of emergency, war, or as necessary for homeland security as declared by the President of the United Slates, Secretary-of-Defense, Secretary of Homeland Security or the Governor of Catitornia: in sited cases, the. employee shaft submit his /her military earning statement. to the Finance Department; Payroll Office to assist.'in calculating the employee's salary_. to no event will the employee nt compensated in excess of. his /her normal City salary.. All other military leave is unpaid except-where necessary, to-maintain exempt status under the Fair Labor Standards Act_ Employees may elect to Use any other accrued paid leave rime (6.g. vacation) during unpaid military leave_ . Employees will receive any merit and /or during military Leave_ general salary increases for which they become • eligible 4_ Benefits_ a- Health, insurance. A!i fieatth insurance benefits will remain in Place while the employee is in a paid military leave.status as indicated in. Section 3 above_ For employees in a nori pay status, an health' insurance benefits .will continue for a period of 12 workweeks on the same terms .and conditions as if. the employee were not on a leave of absence_ The 12 workweeks would be calculated based on the beginning of non -pay status_ Thereafter,. the employee has the option to continue..tiis /herheafth plan benefits, at the employee's expense, for vp to eighteen months: For emptgyees..both in.a Paid.and unpaid status, the benefits shag be provided in accordance with the CRY's applicable .agreements, outlines, rules, p federa6laws_ Such: policies and procedures and all state and benefits may be subject to individual plan provisions: b: Pension plan benefits_ . During. any period of paid leave, -the* City. will. pay the employer and. ernptoyee contributions to CAPERS_ Additiortally,`employees returning from rriititary leave are. entitled to pension benefits that.accrued during military service ancf:io any Ca1PERS contributions -ITY OF ROHNERT PARK 'ersonnet Rules and Regulations Page 11 of 39 ATY OF ROHNER-f PARK ?ersonnel Rules and Regulations that would have been made if the employee had not been absent due- to military leave_ Military leave is not considered a break in service for purposes of pension benefits_ c_ Vacation benefits- Vacation benefits continue to accrue during paid military leave. Employees returning from military leave are entitled to begin accruing vacation at the rate the employee would have attained if the employee had not taken military leave- d. Seniority. Employees returning from military leave are entitled to the- seniority and ofher.rights and benefits deterrnined 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 will not be denied or delayed if the information does not yet exist or is not readily available, however, the employee is'required to provide the information as soon as it is available_ . Re- instatement 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 #all eight hours after he.or she returns.home, unless reporting within such time frame is impossible and then the employee must report as soon as. possible. b_ For military leave of more than 30 days.but less than 18.1 days,. the employee -must report for reemployment within 14 calendar: days following. completion of service,. unless :reporting within such time frame is impossible and then the ernptoyee must .report as- soori.as: possble_ c_ f=or military leave greater than 181 'days, the 'employee mush apply for reemployment within 30 days of completion of the service_ F. Family And Medicalleave - 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 months and have worked for at least 1250 hours during the 12 -month period immediately. preceding. the leave_ FML. may be granted for the following reasons: (1) the birth of a child to an einpbyee or placement of a child vMh an employee in connection with the-adoption or foster care; (2)-to care for a child, parent, spouse or domestic partner who has a serious health condition;. or (3) for the employees own serious health condition that makes the en►ptoyee either urTable.to.work at all yr unable to pertorm one or more of the essential functions of the position•assigned_ 2_ Amount of FML_ Eligible employees are entitled to FML totaling twelve.(12) weeks within a 12 -month period_ The 12 =month period within which the leave must. be taken begins on the date the employee's leave begins and concludes 12 . months afler-•that date_ This leave .shall. be - concurrent with any disabilily.:leave associated with pregnaricy, childbirth; or related pregnancy cortd"r whs, as provided in the City's Pregnancy :Disability Leave (PDG) Policy'' 3_ intermittent leave- When medically. necessary-,(as certified by a health care- provider), Leave may be taken on an intermittent or reduced leave schedule_ "Intermittent leave" is leave taken. in separate blocks of time due to a single event, rather than for one continuous. permit of tirbe;: acid may. include periods .of not less than 114 of an.hour and up to several weeks. The Cit_ r may require.an employee CITY OF�ROHNERT PARK Page 12 of 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Rules and Regulations who is on a reduced work schedule or intermittent leave to temporarily transfer to an a e lternativ position, with the same pay and benefits, if the alternative position better accommodates the required work schedule than the employee's usual position. 4, Notice of leave" An employee must provide at least thirty (30) days advance written notice of the need for FML whenever possible" if thirty (30) days notice is not possible,' the employee must notice as give soon as possible: if the employee fails to give .thirty (30) days advance notice ive foreseeable events without any reasonable excuse for the delay, the *City reserves 'ihe right to Postpone the leave until at least thirty (30) days after the written notice was received_ 5. Statement of .health care provider. When the leave is for a serious health condition; a health care provider must provide written: certification to support the request for leave" T employee's serious health condition shall specify the commencement date of the' The wh'�nt for an the employee from performing the functions of his /her position, the anticipated duration of .the leaves . and a statement that the employee is unable to perform the essential functions of his. or her position" The statement for the employee to attend to a family member shall state the date of commencement of the serious health condition, the probable duration of the condition; an estimate of the amount of time that the health care provider believes the employee needs to take in order to care for the family" member, and that the serious health condition warrants the participation of the employee" If the FML request is for the employee's own serious health condition, the .City may require, at its expense, a second opinion from a health care. provider designated by the Eity The quife,r care Provider designated by the City will not be one who is employed on a'regular basis by the City_ if the . second opinion differs from the first opinion, the. Citymay.require, at its expense, that •the. employee Obtain a third opinion by a health care provider approved jointly by the City and -the employee_ The third opinion shall be considered final and binding.on the City. and the employee_ A new statement from a_ health care provider may be required if the employee re to the leave requested. in the original statement: quests an.extension The City does not require the certification disclose the underlying di employee. agnosis without consent from the 6" Pay during leave. FML is unpaid except to the extent the employee elects to substitute accrued paid leave time_ An employee may use accrued sick leave - when the FML is for the employee's. or the employee s family member's serious health condition" An employee may sutistittie accrued vacation leave, compensatory time otf and /or paid administrative leave for any FML_ The substitution ofpaid leave time .does not extend the 12 -week maximum leave lime_ 7. Insurance benefit premiums. during FML_ An employee is eligible for the same insurance benefits premium payments for each benefit during FML 'as if the., employee were 'rot. on leave, for a maximum of twelve (12) weeks" An employee on unpaid leave beyond the twelve (12) weeks is no longer. considered on FML and therefore, if the employee wishes to continue health insurance coverage he- or she may do so at his or her expense, at the City's group rates_ The employee must. arrange for payment of his/her premium contribution, in advance_ A lapse in insurance coverage wtiI occur if a premium payment is more than 30 days late. 8. Other benefits during.FML_ During any portion of FML for which an employee leave benefits, the emplayee will continue to accrue paid leave benefi (i ,ss tc e(Abe�aron leave ); ser►tority, and other benefits to the same exteril'that the employee would accrtis those-benefits do if not on FML_ Employees on FML are not eligible for holiday pay (e-g- paid for hotidays.worked) for holidays that fact during FMC 9" Reinstatement_ Except as provided in Section 21.3.7, an employee who takes FML st)atl be"eligibte for reinstatement to the employee's former position at the former. rate of pay_ I loineuer, ii the Position. ITY OF ROHNERT PARK Page IS of 39 ersonnel Rules and Regulations ,VTY OF ROHNERT PARK 'ersonnel Rules and Regulations is not available -due to business necessity, the City may instead offer the employee a job that, is comparable in terms of pay and duties_ An employee retains the same right to employment as if not on FML. If an employee faits to report to woik promptly at the end-of FML, the employee will be assumed to have abandoned his /her employment unless addition' at leave has been approved. 10. Reinstatement for-.key employees. If reinstatement of a key employee causes a substantial and grievous economic hardship. to the City,. the City may deny reinstatement of the key employee to the position held .at the .time FML was requested_ A key employee is defined as an employee who is paid on a salary basis and is among the highest paid 10 percent (10 %) of all City. employees as determined at the time of.the request for leave_ 11. Statement regarding return to work_' if the employee takes FML leave for his or her own serious health condition, the City requires a statement by the employee's health. care provider that the employee is fit to return to his/her job_ 12. Other work_ The City shall take appropriate disciplinary action if it determines that an employee has engaged in other work during a FML that is.inconsistent with the employee's use of FML 13. Definition of health .care provider_ A health care provider as used herein means a person holding either a physician's and surgeons. certificate under applicable California. law or an osfeopathic physicians and surgeons 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.'the.ireatment of serious health conditions or any other person who meets the definition of *others "capable of providing. health care services" as set forth in the federal Family and Medical Leave Act and its implementing regulations_ G_ PreCinancY D'ls:Ability:Leave_ 1 Eligibility_ Arty employee who is disabled from working due to- pregnancy, childbirth or related medical conditions is eligible for Pregnancy Disability Leave (PDL). 2. Amount of .PDL.. PDL will' be allowed for the period of disability but not to exceed four (4) months (88 working days tor- ftill- time employees and pr"ata for part - time employees)_ PDL may be taken on an intermittent orreduced 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 Gily may require an employee who is "on a reduced schedule or intermittent leave to temporarily transfer to an alternative position if the alternative position better a0commodates the required work schedule_ 3_ Notice of PDL- Whenever.ppssrble, an employee must provide at. least -thirty (30) days advance written-notice, of the need for.PDL, If thirty (30) days notice is not possible; notice must be provided -as soon as possible, 4_ Transfer privileges. Employees who are pregnant or. have a pregnancy- related medical condition may requestea transfer. to 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-employe.e will receive the pay specified _ for the alterrrate.position, and /ordulies.. . 5. Statement by health care provider_ An employee requesting. PDL shall provide .the• Human Resources Department with-.certification from her health care provider stating the anticipated delivery, date and estimated dates and d n uratio 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_ MY OF ROHNERT PARK Page 14 of 39 Personnel Rules and Regulations CITY'OF ROHNERT PARK Personnel Rules and Regulations A health care provider's statement must be submitted verifying the need for pregnancy disability or for transfer, stating the following_- leave a_ The date on which the employee became disabled.due to pregnancy, childbirth or related medical condition or the date on which the need for a transfer became medicatlyadvisable; b_ The probable duration of the period or periods of disability or the need for'transfer; and c_ A statement that, due to the disability, ltze..employee is unable to .perform one or more of the essential functions of her .position without undue risk to herself and, the successful completion of her pregnancy, or that transfer is medically advisable_ A new statement may be required if the employee requests an extension of time beyond that specified in the original statement. Any changes in the information contained in the health care provider's. statement Promptly reported by the employee 10 the Human. Resources Department. must be 6. Use of accrued leave while on pregnancy disability leave-. An employee may use any combination Of accrued paid leave during the duration of PDL_ The substitution of paid leave does not extend the maximum length of a PD 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 Citys group rates_ The employee must arrange.for Payment of the premium contribution in advance_ .A .lapse .iri .insurance coverage will occur' if'a Premium payment is more than 30 days late. $- 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 benefit§ .(i;e_; sick leave; vacation leave); seniority, and other benefits to the same extent thal the employee would accrue"ihose benefits if not on PDL Employees on PDL are not eligible for holiday pay (i.e_ pay for holid worked) for holidays that fall .during the PDL_. ays 9. Reinstatement. An employee who takes PDL shall be eligible for reinstatement to her former position at her former rate of pay. However, if the same position: is no longer available due to business necessity, the City may instead offer a job that is comparable in. terms . of pay and duties_ If an employee tails to report to work promptly at the end of PDL, the employee will: be assumed to have abandoned her employment unless additional leave his .been approved. 10- Statement regarding return to work_ The City requires an employee returning. from PDL' to.pravWe a statement -from a.health care provider that certifies the employee's fitness lor'duty, . 11_ Other work_ The City shall take appropriate -disciplinary action if it determines Ihat an em engaged in other work during a P.DL that -is inconsistent with the employees use of PDL_ ployee has 12_ Definition of health care provider_ A health care provider as-used herein means a edher a physician's and surgeon's certificate under applicable Californ -la law of an person osteopath physician's and surgeon's certificate under applicable California law or any other individual duly iq licensed as -a physician, surgeon.-or osteopathic physician or sur ' who directly treats or supervises the treatment of serious health cOndiCons or an "Sottl err Jurisdiction_ meets the definition of others "capable of providing health care services" as set forth in the person wh Family and Medical Leave Act and its implemenUng regulations_ ITY OF ROHNERT PARK ersonnel Rules and Regulations Page 1S of 39. :ITY OF ROHNERT PARK 'ersonnel Rules and Regulations -1. Work- Related Injury. And Illness Leave - 1- Eiigibility— 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 Employe&.s_Claim.for Workers Compensation benefits form to the injured /ill employee for completion as soon as possible. Within 24 hours of receipt from the employee, the supervisor must submit the completed .supervisor's report oFinjury to the Human Resources Department- An employee who fails to promptly report a work- incurred injury or illness to his or her supervisor may be subject to discipline, .up to and including termination_ 3. Temporary disability benefits. An employee eligible for temporary disability payments under the Workers. Compensation Law.urillreceive the amount as provided by that taw. 4. _ Salary continuation_ integration with accrued leave. Employees receiving temporary disability payments under the Workers' Compensation Law may elect to use accrued paid leave benefits at the same. time they are receiving temporary disability, but only up loan amount which, when cornbihed with temporary disability payments, does not exceed one hundred (100 %) percent of the employee's normal salary_ Accrued leave-hours shall be charged to the extent of wages paid by the City to the employee. 5. Termination after Work related.injury.or illness_ Unless otherwise prohibited by law; an•errrptoyee may be terminated afterahe treating physicians finding that the employee's condition is: "permanent and stationary" and lhaf the disability precludes the employee from doing the essential functions of the 6_ Anniversary date: 'A regular employee who is absent from work as the result of a work= jncurred injury or illness -shall retairi hisfher anniversary. date. An employee who has not completed the probationary period is ineligible for cerli%ication Jo-regular status during leave for awork- 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_ 1_ ..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 shall receive pay as though at work for time spent in the proceeding_ The employee rnust remit any witness fees received to the Finance Department, Payroll Office. An ernployee-subpoenaed to appear in a proceeding in which the City is not a party shat! tie granted leave . .without pay during the- tirrie required for •that appearance, except where necessary to mainlat. the. employee's exempt status under the Fair Labor Standards Act_ The employee may use accrued vacation, administrative leave or compensatory time for this purpose_ J. Jury Duty, - All regular -and- probationary employees *called to jury duty will be granted a paid leave_ A copy of the -jury summons must be given to the Human.Resources Department. The employee shall receive full pay -tor the time served on jury' fluty, 'provided the employee remits to' the. City all fees .as soon as received by the employee for sucb duties. Compensation for .i- Oeage"or subsistence allowances shall not be considered as a fee and shall be' retained by the employee: CITY OF ROHNERT PARK Page 16 of 39 Personnel Rules and Regulations CITY-OF ROHNER7 PARK Personnel Retes and Regulations At .other employees will be granted leave without pay except where nece a ssry to maintain aFie employee's exempt status under the Fair Labor Standards Act_ If an employee is required to report to jury duty within 2 hours of the scheduled start of the workday, the employee is not required to report to work at the. start of the workday, but shall 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 Adniinistfat'ive 1 ea. e _ 1_ Eligibility, Upon written request of on .employee, the Personnel Officer may approve in writing an unpaid leave of absence without Pay for a not To exceed six (ti) months. . 2. Reason .for.aeave_ Unpaid Administrative Leave will be granted for the following purposes: a- School visit leave. An employee who is aparent; grandparent, or duty appointed guardian with custody of a child in .a licensed day care facili €y. or in kindergarten through 12"` grade will be granted up to .40 hours in a 12 -month period (not to exceed 8 hours in one month) to visit the school site, if reasonable prior notice is given to the Personnel Officer_ .Additional( a grandparent, a child of. a child may-take time off to a Y, parent, suspension of a child_ The employee may use accrued leave for school visits in connection with the exhausted, the Personnel Officer may allow the m employee to worrued leave ale to accommodate the leave or provide leave.without pay k an atternative _ Written proof. of the date and tune of the visit signed by an appropriate school official may be required to be-provided to the Personnel Office( on return to the job. b. Voting leave, Any employee, if he.or she, does not have 'sufficient time outside of working hours to vote, may request up to tiivo (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 shall be granted without pay except. where necessary to ma under applicable state and federal wage and hour laws intain exemptions c_ .:Domestic violence leave: An employee who is the victim of domestic violence may take unpaid of'. hleave or use any available paid. time off benefits to ensure his /her health, safety or welfare, of that isJher. child, by obtaining a temporary restraining order, a restraining order, or other court assistance_ - Additionally, an employee may take leave to seek medical treatment,. to obtain necessary. social servi or psychological Other actions-,to increa ces; and/or, participate in safety - planning or take se safety.. 'The employee must provide reasonable notice of the need for such leave and shall provide. evidence satisfactory to the Personriet or more of the activities specified in'the Officer of participation in one Preceding sentence. The'amount of leave provided shall be in accordance wish Labor Code section.230,1_ d_ .Crime victim assistance leave_ An ern o .ee who is the victim of a cr member of a victim, a registered dbreiestit partner of a victim, or the'child of,a egisi immediate 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 duty and training leave_ take an unpaid leave or use accrued leave t p Firefighters. and eothkr emergency person may may take up to 14. days leave 9 �Y - duCY_. Volunteer firefighters Per calendar year to engage in training. provide reasonable notice to the Personnel .Officer of the need for suchaeave and shall provide to .The employee must the Personnel Officersatisfactory evidence of.participation in the emergency duty or training: FY OF RO"NERT PARK rsonnel Rules and Regulations Page 17 of 39 ;ITYOF ROHNERT PARK 'ersonnel Rules and Regulations I_ 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 MOAs and City Council resolutions outlining conditions of employment and benefits_ The Personnel Officer shall maintain records .of the terms and conditions of *the health insurance and other benefit -'contracts, benefit levels, and administration procedures_ More detailed information regarding' these benefits is set forth in official plan documenis and insurance policies hat govern the plans_ .if there is any actual or apparent conflict between the brief summaries contained in this policy and the terms or limitations of official plan documents, the provisions of the official plan documents will prevail. Employees who wish to inspect those documents may make an appointment with the Personnel Officer for that .purpose. Due to changes . in MOAs, terms, conditions, benefit levels and administration requirements may be adjusted from time to time_ 2_ Commencement of benefits_ The benefits described in this-sectiorr'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 Resotutiori No_ 96 -203_ 4_ C_O_B.R.A_ The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires the Gty, 'to offer employees -and their eligible dependents an opportunity for a temporary extensionof 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 o? paitment_ M_ Miscellaneous. Employee Denefits- 1. Disability wage plan: The City provides a disability wage plan .to regular .full time and part-time employees_ Benefits and conditions of the plan are more specifically described within the City's Disability Wage Plan document available upon request from the Human Resources Department 2_ Longterm disability insurance_ City provides long -term disabifityinsurance to. regular full-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 MOA or applicable resolution outlining co. di work and benefits_ The terms and conditions.of this benefit may be modified from timeto 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 einployee, "including LTD benefits, shall not exceed one hundred percent '(100%0) of the employees normal monthly income_ 3. Catastrophic leave program_ The catastrophic.leave program provides additional paid leave time to eligible employees suffering. from .financial hardship and who otherwise meet the criteria of the program_ Please refer to Resolution 01 -270 for the details of this program' 4_ Employee Assistance Program (EAP). The City provides, at no cost to all regular full =time and 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 emptoyees'in resolving stress resulting from personal issues, substance abuse, grief or work - related issues- Any information provided to a counselor or CITY OF ROHNERT PARK Page 18 of 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Rules and Regulations therapist is confidential_ No information is provided to the City regarding an elig n ible member's use of, .contact Health the EAP_ To make an appoitment with a counselor cast Cigna 8ehaviorat eatth at.(888) 371 -1125_ For more information, the Human Resources Department_ S. Heath Care ax'free dollar account program. This program allows permanent lull -time or part -lime employees to set. aside..a. maximum of $3,000 'per calendar year of before tax wages or 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 =io change due. to changes in federal and /or state taw. Dependent Care Assistance program: This program allows eligible full -time or part -time employees to set aside a maximum of $5,000 per~ cafendar year before tax wages for child care expenses as authorized by the Internal Revenue Services and the California Franchise Tax Board. A regular employee becomes eligible on 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_ 7_ Deferred income program_ The City participates in a deferred income program nA ow being employees by National Deferred and, 1CM ' This program allows eiigibte lull mployees to set aside a maximum of $.13,000 per calen -lime or pail -time dar year ($14,000 in 2005, $15,000 in of before tax wages for. post - retirement income- as authorized by the 006) Internal Rev the California Franchise Tax Board-.A r Revenue Services and egular employee becomes eligible on date -of -hire. Employee participation in this program is coordinated through the Finance Department. The tax deferral are subject to change due to changes in federal and /or state law. limits 8_ Hepatitis 8 program_ Below:is an. explanation of the.City's Hepatitis B.Program_ Employees who may, have to porforin- first. aid as a regular -job duty or are in positron expose there to bodily fluids need to be offered s which might the Hepatitis B Immunization Program per the City's Bfood- borne-Pathogens Program_ These job classifications are: Public Safety Officer: P,S_ Sgt_ P_S_ Lt: P_S_ Division Commander Director of Public Safely Community Services Officer Evidence Technician' Property Speciafisl Vol- Auxiliary-firefighter Reserve Officer Seasoner!: Maintenance.Assistant . Maintenance Helper Maintenance Worker'.! Maintenance Worker It 'Public Works .Services Supervisor Recreation .Supervisor Ai the time. of the pre - employment physical, the candidate has a blood test that Lets. the City know if they have the Hepatitis t3 antibodp_ - At the employment orientation, Human Resources. Department Provides* the. new employee (if 4hey are in one of, the jobs classes fisted above] information on`what Hepatitis B is and a check -off form, which indicates whether or not they wish the 3 -shot immunization Program. Human Resources (HR) logs in the employee's response in its safety records. ITY OF ROHNERT PARK ersonnet Rules and Regulations Page 19.46f 39 . :iTY OF ROHNERT PARK 'ersonnet Rules and Regulations Employees who wish the 3 -shot Hep_ B series go get .their stiots;.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. Erimployees with Blue Cross insurance are instructed to .gel their shots.at the County. Health Dept. and submit their receipt for reimbursement. It is important that the ernpfoyees not riliss an appt_ for a. shot as they might have to-repeat the series. There are specific Iimeframes 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 additionaf protection- SECTION 4 - IN -HOUSE RECRUITMENT A. Transfer - if an employee is qualified, the Personnel Officer may approve the transfer of an employee from one position in the City to another position in the same class or to another. positiori in a different.class with the same maximum salary. 1. Types of transfers. P, Voluntary request for transfer initiated by department supervisovandlor employee_ b. involuntary transfer' initiated by the. Personnel Officer to better serve the needs of the City. e_ Transfers for disciplinary reasons are subject -to the provisions of Section 8- d The Personnel Officer may transfer an erreployee t93 Class -with .a lower maximum: salary with the consent of the employee, provided the employee possesses .tbe- desirable. qualifications for the position to which he/she reassigned_ 2. Process for transfers. Transfer process and approval is made as follows: :a: At least two weeks prior to the transfer, a notice will be sent to the affected -employee.(s) and bargaining unit(s) stating the nature of the transfer and an explanation as to. why-the transfer is necessary- b- The employee has a right to respond: in writing within live (5) workdays from date of notice c_ The employee has a right, through them bargaining unit, to file .a grievance witliin*.the-time limits established in the grievance procedure- B_ Promotion — 1. Qualifications. A person may be moved to a class with a higher maximum salary only:rf.ltelslrZ; has thedesirable qualifications for the higher class_ These' desirable qualificat"cons are ascertairiecf on the. .basis of information obtained from application forms, tests, examinations, interviews, past performance . reviews or evaluations, andlor input from an employees supervisor. 2_ Intemaflexternat .recruitment_ in' filling vacancies for positions above entry level, corisiderafion welt first be given to existing City employees_ However,. ;be Personnel Officer may recruit from .outside - when the Personnel Officer determines thauappropriately qualified City employees are rjot available :to till the vacancy. .TF►e City reserves the right to conduct an open recruitment process A6. a vacancy in a higher -level position or to fill the vacancy by-advanceriient of' a qualified employee 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: Requesl for eligible employees: When a vacancy occurs, the Supervisor may request a fist bf names o1 persons in City_employ -who qualify for promotion to the vacant position for conside from the Human Resources Department. ration 4. Determining Pay for promoted employees_ Refer to Section 2 — Pay Plans and Corripensation, Part B. Section 3. Trainee Program - In an effort to. provide upward mobility opportunities 'for current City employees and to Provide employment opportunities to the general public, the. Personnel Officer can add the word "Trainee' to any classification, within the financial ability of the City, except those represented by a bargaining .unit, employed by the City and to recruit and select individuals to fill positions as deemed appropriate_ 1_ The tiaining program provides an opportunity for a current employee to gain additional skills by: a. additional experience in a different classification; b_ additional schooling; C- completion of an appropriate examination-. d_ obtaining a State certificate or. license in a specific classification_ 2_ Recruitment .for these positions may bepromotionat or open as deemed appro Officer and the tnitiai salary woutd.be up to thirty percent (30%) below the beginning of the established alary 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. t. Apprenticeship Program -The City may establish an a pprenticeship program in partnership with a local schbol district, Sonoma Stafe'University, Santa Rosa Junior Co!►ege, or an accredited trade school_ This Program would be conducted in cooperation with the applicable bargaining units_ Probationary Period_ The probationary periods set forth in Section 5 also placements apply to a resulting:from the in -house recruitment Process_ apply SEC -nON 5 - RECRUITMENT PROCESS r -Announcement of Vacancies - Notices of employment. o house, via electronic.- mail, allowi opportunities in the City'wiit be first announced in ng current employees the ' opportunity to apply for the:position. The announcement .will also. be posted in 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 hav skills_ e employees with the required knowledge or 2_ Notices Such notices fist the classes in which vacancies are antici .ated, range; fringe benefits, the nature of worli.perforrried, and the quatiiications.r ci y the class title, salary. the class, "tell when and where to'fite a -required for employment in ppfrcations for employment, and .give information about the testing, scoring and selection procedure to be used. 1TY OF ROHNERT PARK ersonnel Rules and Regulations Page 21 of 39 ITY OF ROHNERT PARK .rsonnel Rules and Regulations _ . Applications - Every applicant responding_ to -a City. recruitment shall file:an official City.applicationform_ 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 applicatio i.will' notbe 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.applicanfs 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_ Appl►catioris and all required documents must be filed in the Human Resources Department on or before the final, fling date and tine specified in the position announcement _ 3_ Rejection of applications. The Personnel. Officer may disapprove an application, disqualify an applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed: a. lacks any of the requirements established for the examination or position for which application has been made; b_ excessively uses narcotics andlor 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 withoutreasonable accommodation; d_ has made any false statement -or °omission of .anysigriNmatfact,,or has practiced or attempted to :practice deception or fraud in lhe- application, 'in' declarations, or in - securing eligibility or appointment; e_ has-direclly or indirectly obtained information regarding the content-of an exacoinationto which an applicant is not entitled; f_ previously been dismissed for cause from 'apy public or private employriient or resigned to. avoid such dismissal; g_ has failed to submit a complete and /or signed application within the specific time limits; . h_ has failed. reply within five .(S) working days from the date coaling; to communications concerning availability for employment; J, has made himsetflherself unavailable for. employment by requestiig that :his/her name be .withheld from consideration_ j_ for anymaterial 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 polo coniendere) may disqualify an appticarii fronn employment by tie City_ Criminal convictifirrs do nol necessarily disqualify. individuals from. employment viritfr the City., - In determining whether an individual with a conviction is disqualified, the Personnel Officer will consider the foNow "ing factors: a_ the employment classification to which the person is applying, including its sensitivity. CITY•OF ROHNER7 PARK Page 22 of 39 Personnel Rules and Regulations CITY OF .ROHNERT PARK Personnel Rules and Regulations b_ .stature and seriousness of the conduct, c- the length of time since the conduct, d_ the age of the individual at the lime of conduct, e- circumstances surrounding the conduct, f_ contributing social or. environmental conditions, and g_ the presence or absence of rehabilitation or efforts at rehabilitatiori_ " 5- Employment of relatives. A position within the City will .not lie 1`46'd. by an individual, where that irtdividtial would be subject to supervision, evaluation, discipline,. or decisions - regarding compensation by a close relative. No person will serve in a department where- the Supervisor is a close relative or in a division where the division head is a close relative_ For a defn "ition. of `close relative," see the glossary of terms at the conclusion of these rules_ 6. Notification of disqualification. ft an applicant is deemed disqual1li0;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,(S) working days from the date of mailing to the Personnel Officer, with no further right -to appeal_ Selection Procedure - The method used to select employees shalf-be. impartial and shalf relate to those . subjects which fairly measure the abilities to execute the duties.and•.responsibilities .of the classification in which the vacancy exists. Selection procedures consist of one or spore of the rtettrods I'rsteci ttetow The same method shall be applied equally in a single examination 1_ Ltipptication, information the applicant supplies on the, applicatr`oh- fGOP,:ani3 "any attachments thereto will be reviewed under the supervision of-the'H0roan Resoiuces Assistant or t►is/iier designee and the applicable department supervisor_ The same criteria; and point system is utilized" for all applicants for the same position_ 2_ Examinations_ The selection techniques used in the examinaton piocess iNilt be impartial; practical; and related to those subjects which fairly measure the relative capabilities of the appfrcart examined lo. . execute the duties and responsibilities of the class.to "which the seek- to be appointed. Examinations - -- - - " may consist of, but are not .limited to, such techniques' as writtei :tests, personal interviews: skits and perform tests, assessment centers; review of"perforrriarice evatuafions, evaluation Qf.daily.work performance; evaluation of work samples_ 3.. Documentary evidence_ Applicants for positions .are 'required to `provide documen education; training," or.experience. The City reserves fhe right to re�tesl ttte skll level o ah eV of y'applicanf 4_ Scoring and rating_ The Personnel :Officer M.11 establisfi.M646htive weights of.ezamiriatiorr and other 'components of a position_ The basis of i ie "final -score` wilt be• included .ir> the; job . announcement_ Scoring and rating systems may be numerical or non `Personnel Officer_ - numerical.as determined by the a_ Appointment preference' on open /promotional recruitments wilt be, extended to arty regular City. employee_ Regular city employees wilt be granted the followingseoring.pseference: 1% for :each year of service, with a maximum prefererce of "10 %_ : Depending on ti e• scoring estabiistied for the classification recruitment, the preference may. be .expressed as an additional percentage or additional points_ ' See example below for detailed explanation_ .1TY OF ROHNERT PARK Page 23 of 39 'ersonnel Rule Regulations ATY OF ROHNER7 PARK 'ersonnel Rules and Regulations .. PERCENTAGE :EVALUATIOf4.(sam.01e) Employee's Total Score = 80% Years of. City Service as.a Regular Employee = 10 (calculates to an additional 10 %) Employee's Adjusted Total Score = 80% -10% - 90 %* POINT EVALUATION (sample) Employee's-TOtal Points ='175 out of a possible 200 'Years of City Service. as a. Regular Employee '= 10 (calculates to an additional 20 points 1200 x 10% --201, Employees Adjusted Total Score = 175 ±.20 = 195' 'The corribination 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 acfiiar 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% + 1.0% =A 10 %, and on the point evaluation receive a total score of, 200 + 20 = 220. b_ in accordance with Resolution 2001 -271, the City does not grant preferential status to any select group of .personswiien. appljnng for a.position, D. _ interview Process - 1_ interview lioards_: •TIie!Personnel.Officer vinll.assembte and appoint interview boards_ These boards rna}r be° eoripriseii.of;privais cilizens;..experts in`the.iieid; members of another agency, Ciiy officers, City ernptojiees a. for Zargaining_unit representatives_ 2_ Inttrviewers,remaiks. interviewers Walk'-Dn:forrns. provided the degree to which, in their.judgment; ,.. each Caneliiiate po$siesses: the- desired:guaa ifications_ The interviewer's remarks will be translated into a numerical score.:Scorincj <sieetand interviewers remarks are confidential_ E_ 'Eligibility Lists - After each selection procedure has been. completed, the 'Personnel Officer or his/her designee will prepare art eligibility fist contairiirig the names . of applicants who qualify for appointment to positions in a parficular class_ 1. Ranking` :Piace.the• names of the.gciat ed, applicants ( "eligibles ") on the eligibility list in the order of their final ranking; a;;s iieterminef by the.seleGtiort:process, with the highest rated eligible at the top of the list If mote than one person has the same score, the names will be placed in aiphabetica! order. ' 2_ Duration. of list_ ...The eligibility list remains in effect fora period of six (6) months, unless the ' Personhei Odic&: exte ids. ihis period - for a, period. not to exceed (1) year. The Personnel Officer can reduce the period if ihe� is,conlairis less than 5 names:.lnthe.everit of early cancellation of an eligible list, the 'Personnel Officer'-w% ioiify:each person,wtiose. name appears on such list to this effect via mail fd liislliet last known :ad }less, T:his.not_ice is to include'an explanation as to why the time frame iias 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 reasons7 . a: appointment to.ti a classification for which the eligible list was originally- established-b- request by the applicant for i6bbval from the list;.' c. failure to continue to meet any of the min_ imum standards established for We position for which the eligible list was prepared; CITY OF ROHNERT PARK Page 24 of -39 Personnel Rules and Regulations CtTY pF ROHNERT PARK Personae} Rules and Regulations d_ failure to contact the Personnel Officer within five (5) working days from the date of nolice,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 5_S.4_ 4. Vacancies. When a vacancy occurs in a class for which there :is an eligibility list,. the Personnei Officer will-transmit the names, and 'aft supporting doeum:ents, Of all candidates with the top five ranking scores on the eligibility list to the Supervisor for consideration_ Appoiritment Process - All appointments to position vacancies will be made in accordance with these rules and regulations_ The power lo.appoint and dismiss 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.appointnient to a position if there is no. eligibility list for the class` and if the needs: of the .service require .thaf the position be filled.liefore a selection process.cari be comp!eted_'A-provisi6nal appointee must= . i. Meet the requirements of !raining and experience established for the position; , ii. Not continue for more than thirty (30) days in 'the provisional appointment after an eligiblity List for the position has been established unless there are no eligibles.91-is: ch eligibility list who are available for or who wish, to:be-considered.for appointment.. the positioel iii. . The Supervisor b_ Y. .?U mit a written request. and jtistjfication !a the Personnel Officer io extend the provisional .appointmenf in six-, (6) month• increments. No more :than two (2) extensions may be granted foc each provisional ap06irifn3ent_ Emergency- In an emergency which ' threatens fife, property, or the: operation of necessary municipal services, the Personnef.Officer may-employ an individual, not on the eligibility list for not more than thirty (30) calendardays_ 3- :Pay A new appointee shall receive the minimum salary for the. class. to. which the position is allocated,. except Thal= i_ rt cases of extreme difficulty .iri f lli6g . a, position, = the Personnel .Officer may approve appointment at a salary above #16M inirrurrn_ :}n such oases, -all W" employees ;in the class to which the appointrneril is made shalt . be "placed on' at least the same step .of. the salary. range as the new appointee; Or- ii. In hiring exceptionally qualified personnei, the Personae! .Officer may approve, appointments at a salary 'abov : the minirrmum•for the class_ Conditional Offer of Employment - An offer of employment is contir ent u . n .the results of the foltowi 9 po T _ Reference checks. Prior to conducting reference inquiries.a prospective employee will be required to sign a release allowing the City to acquire information about the applicant from former employers. ITY OF ROHNERT PARK Page 25 of 39 ersonnet Rules and-Regulations ;V Y OF ROMERT PA12K 'ersonnel Rules and Regulations 2 ttitedicM. 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-staridards 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 background check: All persons employed by the City witl be fingerprinted and .law enforcerrient records checked' for past criminal convictions. Information thus obtained will be confidential. Employment of, .arid continuation of service of employees with a criminal conv- iclion 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 twelve .(12) months for miscellaneous employees, riot less than eighteen (18) months for dispatchers, not less than eighteen (18) months for sworn Public . Safety . emplyoyees, ' and "not less .than -twenty -four (24) months for Management employees. Employees. who receive promotional appointments must serve another probationary period of at leasf six 6) . months. for non- supervisory employees and twelve (12) months for supervisory employees (includes management classifications). 2- Eeaves 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 time equal to the days rrirssed if necessary in order to property evaluate an employee_ 3_ . Extension of probation period. All efforts wilt be made to -sufficiently evaluate the probationary . employee dusmg, the assigned period- An extension of the probationary period may, however, be recommended by the supervisor and /or Personnel Officer when cause exists_ If additional time is needed to evaluate the employee, the supervisor or Personnel Officer can .extend the probationary Period for an additional period -not to exceed.three (3) months_ ":a- -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 6ifice'r_ Erployees who are dismissed during their prgbatiortary period: have no right to hearing or appeal_ Notification of rejection rinust be served to the probationary emptoyee m writing_ 5_ Promoted employees.. A promoted employee who does not- successfully complete the probationary period will be reinstated to his -or her former position or to a comparable position. ft, 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. class ' and is known as a regular employee_ CITY OF ROHNEM PARK Page 26 of 39 -Personnel Rules and Regulations i GrrY *OF ROHNERT PARK Personnel: Rules and.RegutaWns SECTIONz - SEPAR -ATION AND REINSTATEMENT 4n employee may be sepaaled from emptoyment by resignation, dismissal,. retirement; or layoff on account"of a ck of work or lack of funds_ The dismissal for cause of regular employees will be in accordance with the 3rovisions of Section8. Other separation procedures and reinstatement procedures are set forth below - 4. Separation:andlor Resignateori = An employee wishing to resign is required to notify his /her supervisor in writing , at least. two weeks .prior to. the"rr intended leave from City employment. R- copy .of the written resignation will be.given to, the `Personnel Officer and then placed in lhe..employee's personne! file_ t. An employee Who: has resigned in .writing:niay withdraw his /her resignation piton. to the final date stated on.the letter of resignation. Thew, ithdrawal letter will also be placed in his/her personnel file. 2. An employee who leaves enipto}mentwithout so fifirig a written resignation and giving two (2) weeks notice, as required above, will have this fact noted in His/her file and may be denied future employment by the City_ 3. Reinstatemerit .Upon Upon application of : a former regular employee, who has property resigned, the Personnel Officer may, at his/her. sole discretion, approve reinstatement of the fonner employee as provided below_ 1 _ An employee separated .from the City's employ for six (6) months or less may be reinstated without competitive examination to the position held at date of- separation, or .lo any other position within the same classifrcation: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 (0) month period will be granted the full benefits they were. receiving at iirrie of separation as it there was no break in service.. 2. An employee -separated Rom, the City's employ for over six (6) months who is reinstated treated be treated as a new employee_ 3_ The .City will.reinstafe into the pbsition.irom which helsbe has been promoted.any employee who fails during'a promotion,to wHicb Wshe h; s'been prornofed_ 4- 'Any employee who resigns without: proper notice or resigns during an investigation or disciplinar action will not be eligible for reinstatement_ y 5_ An employee who.is granted an authorized leave to which he Or -she is entitled under a federal, state or local law requiring reinstatement•Shall be reinstated to his /her former positian as provided bylaw_ is ►}off Whenever it becomes. necessary to reduce the number of employees due to lack of work, economic considerations ,.changes in mission, technological changes, or as determined by-the Personnel Officer based .06 .other factors :or Udi ri..a '`position -ir ..the. classified services is to. be teinporarity or permanently, abctfisfiecJ,.the Personnel Officer will notify the Human. Resources`Deparirrieni the number of employees to be..."-laid off.or itie names acid number of positions to be abolished; The. procedures set forth below is to establish equitable standards to regulate such layoffs_ The purpose. s decision to reduce its work -force is a management riight,' thus no due process or grievance.procedure's apply, the decision is not_ subject- to "meet and -confer" requirements. These procedures a t onf to and employees (full or paiittime) and probalio. PP Y Y regular nary erriptoyees (initial or- promotioriaflirans %i j 1_ Identification. The Personnel .Officer:on.the basis of the administrative needs of the City determines the de'partmerits and positions subject.to. layoff_ 2_ Order of layoff 3TY OF ROHNERT PARK Page 27 of 39 'ersonnel Rules and Regulations CITY. OF ROHNERT PARK Personnel Rules and Regulations Within a classification, 1hose employees who are probafronary employees in their initial probationary period will be laid oft first, followed by employees in .a • promotional or It probationary period_ a- 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 shatl_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 d- isciplinary time off without pay or time spent on unpaid leave (unless federal or stale law requires it to.be included in the seniority calculation)_ ii_ Once seniority delerminalions have been made, layoffs are :made in reverse seniority order (i.e- the most junior employees are laid off first)_ iii. Ties:in seniority shall be resolved by the Personnel Officer, taking into account the past performance, disciplinary actions (if any), supervisor recommendations, and such other facts' as will :result in the'City.relaining the most qualified and efficient employees- 3- Notice_ Employees.shatl be given at least ten (10) business days written notice prior to the effective date of the pending layoff. A copy of the notice shalt be retained in the employees personnel file. 4_ Exclusions_ In certain instances, there maybe exceptions made in the order of layoff outlined above_ These exctusions.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.wh6. . is scheduled for layoff may. be offered a.votuntary reduction in classification: to a tower level job classification .provided he/she meets the minimum . qualifications, and /or. obtain proficiency . through a short orientation period. c_ a voluntary reduction by taking early retirement and /or °golden hand shake "_ S_ Retreat rights/voluntary demotion in lieu of layoff_ a. M employee who would otherwise be laid off has-the right to retreat to a vacant positron which he or. she previously held; provided The employee meets the current minimum qualifications for.,Ihe psition_ b: . An employee who would otherwise be laid off tics .the tight to retreat to another position in the same ctassification:series or: to any position the employee.has previously'held and. f4 which-'the : emptoyee is qualifed•tttatis occupied'by an employee.of fesserseniority_ The result is *that the more senFOr' employee "bumps" the junior employee, who then is entitled to the retreat/demotion rights set forth herein.. C- An employee who would: otherwise .tie laid oil 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'subseelion 5 rnust.so notify the Personnel Officer in writing within five. (5) business days of receiving the notification of pending layoff. . CITY OF ROHNERT PARK Page 28 of 39 Personnel Rules. and'Regulations CITY -OF* ROHNERT PARK Personnel Rules and Regulations e. An employee who retreats or is demoted to a position as provided herein must serve the probationary period applicable to the new position unless the employee'previously completed the probationary period in that position. 6_ Reinstate►nent lists_ The .names. of regularerriployees who have been laid off, including those who lis accepted a demotion or-retreated.to anolher. position are to be placed on a layoff reinstatement list by ser ority within the . classification from which the employees were Paid oft_ 'An employee's name remains qn fhis -.list for.a' period of one :(1) :year -from date of layoff; an employee's name may be removed for any of the fotfowing reasons_ a_ Reappointti 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 live (S) business days of the offer shall be deemed a rejection. 7. Offer of reinstatement. If the positron previously held by a land off employee becomes vacant, or if another position within• the same classification series becomes vacant, then the employee with the most seniority on applieabte reinstatement list shall be 'offered the vacant position_ 8. Restoiation of benefits -`upon reinstatement. When an employee is reinstated to employment after layoff, all tiis.or her prior service shalt.: be counted toward the calculation of leave accruals and . seniority_ Any unused sick _leave "ich the employee had accrued at the time of layoff .shaft be restored tf an employee is, reinstated to "a position in which he or she was serving a probationary . period at fhe'ttme oi, layoff; .all tmie: on protiafion previously. completed. prior to layoff shaft 'be counted toward detef. Ing when the. probationary period ends_ SECT16k7. - 1fV-_ )M0ATlirrc 4_ lricorinpatible Actively-" Gerkairi. activities: are incompatible with ethical, .effective employment All City. employees are Prohibited from P yment with the City- I. Parficipatin9 in improper political activity prohibited by the federal Hatch Act or pertinent provision s of State Law including th&'CMifornia�Goverrment Code; 2_ Using for private gain or advantage th supplies of the City, e influence of a City position or the facilities, equipment and 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 business contacts v,rith [ti corporations who have, or seek to have, e City in. excess of the Conflict of interest guidelines esta Rohnert Park Municipal Code Chapter 2.60; blished in the 5_ authorized, confidential information to anyone to .whom issuance of such infortnalion 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 aril capable manner, is.ittegal. pursuant to state.or federal taw, or which might 3TY OF ROHNERT PARK Page 29 of 39. 'ersonriel Rules an¢ Regulations 3ITY OF ROHNERT PARK 'ersonnel Rules and-Regulations result in a conflict -of interest between the employee's-private interests and hislher 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 employment that "could conflict with the best interests of. the Cify 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_ jobstbusiness 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' Cily .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. meel 'reasonable City standards, i_e_ for .cause_ Discipline may be imposed for a single incident or for a pallern of conduct_. The specific discipline . imposed is intended to focus .the attention of the employee on the .perfoirriance or- :conduct .problem and,. except in cases of discharge, to encourage changes in behavior_ Disciplinary actions include but are not limited lo:. counseling, oral reo6mand;.wriMen reprirraand; reduction in pay, suspension without pay, reassignment, demotion, and discharge_ -Althoiugh .the" City`generalty applies the concept of "progressive discipline," discipline may include any one or any combinatiorr . of - actions, and the actions need not necessarily be applied in a defined order_ instead, the discipline imposed will be determined according to the severity of the infraction(s), regardless of whether prior.discipline.has'been imposed: Only regular employees who have successfully completed their probationary period have the right a to.hearing and appeal as described in this section_ An employee not covered by this Section may be dscipfined without reference to these provisions; such an employee has no protected property interest in his or her ernptoyment- Lt` Causes for Disciplinary Action -Any regular employee maybe disciplined for "good cause "_ Good cause is defined as reasons including, but not limited to, the following_ 1 • .Fraud in securing employment; 2_ Incompetence or inefficiency; 3_ Failure to maintain required licenses, credentials, certificates or other conditions for employment as specified in assigned classification; .4- Insubordination; 5. Dishonesty; 6_ Neglect of duty, or inattention to /dereliction of duties; 7_ Violation of City or Department rules and regulations, policies, procedures or general orders, whether oral or written: CITY OF ROHNERT PARK Page 30 of 39 Personnel Rules and Regulations C11YOF-ROHNERT PARK" Personnel.Rrilesand Regulations S. Disclosure of.confidential personal information of another employee; 9. Negiigent or willful damage to or waste 'of .public .equipment, property or supplies; 10. Improper or unauthorized use of Cityvehicles or equipment; 11. Misappropriation, theft, or embezzlement of City property and /or funds- 12- Unlawful harassMeht.or disci• "rmination, or the failure to cooperate with the investigation of harassment, discrKriii�atioii or other unlawful activities; 13_ Possess-ion of an open "container; use of, or being under the influence of alcohol, non - prescription or unauthorized narcotics or. controlled substances during work hours, 44. .Excessive tardiness or absences, except in the case of approved leave; 15_ Absence without leave, not returning from an approved leave -of- absence or obtaining a leave -of- absence under false pretense; 16_ Soliciting any .favors or gifts from persons, concerns or corporations who have, or seek to have, business contacts with the City; 17_ Accepting any favors or gifts from ". persons, concerns or corporations who have, or seek to have, business contacts with the City in excess of the Conflict of Interest guidelines established in the Rohnert Park Municipal Code Chapter. 2.60; 18_ Faikire to,observe- safety regulations and practices, including the use of assigned personal protective equiprnent; 19. Discourteous, unprofessional or abusive treatment of the public or other employees; 20. Use of abusive language; 21_ Actual or threatened physical violence; . 22. Conviction. (including by plea. of guilty or nolo conlendere) of a felony or any crime involving rimo -at turpitud e; 23_ Conviction of a misdemeanor (including by plea of guilty or polo cont endere) that is of.a nature as to adversely affect the employee's ability to perform the duties and responsibilities of his or ber position_ Minor Disciphrie. - Alt supervisors are authorized to implement :minor disciplinary measures. Minor disciplinary actions are notsubject to appeal_ Examples of.minor discipline-include the following: 1. Oral reprirriapd_ An'. oral admonition to an "employee whose conduct or performance" must be improveO.and which details the areas for improvement, the degree of improvement required, and a notice that faihire to improve 'coutd' 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 cotsnsefirtg_ A written memorandum. showing that the supervisor has met with the employee to discuss a specific problems)* or deficiency and which'sets forth the recommendations given to the employee to address: the problem(s) or deficiency in order to. improve Performance. Alfhough a copy may be sent to the employee's personnel fife, documented counseling memoranda are. typically• maintained in the supervisor's file. until they are included..by .notation in the employe formal perfonnertce.ev4ualions e s _ :Cfl( OF ROHNERT PARK Page 31 of 39 'ersonnel Rules and Regulations 1IIY OF ROHNERT PARK 'Personnel Rules and Regulations 3. Written reprimand. A format written not' ce to an erripioyee stating the specific details concerning the subject of the reprimand, summarizing. previous related disciplinary. action; if any, and* describing the plan for improvement. A written reprimand shalt include. the date.of the reprimand and a statement advising the employee that continued conduct or. performance at such levels may result in more serious discipline, up to and including .ds0arge_ At the time a written reprimand is issued, the ..employee is entitled to bring a representative of his or .her choice. - The employee shall review the reprimand and sign it and then .shall be given a copy of it_ Written reprimands .are not subject to appeal, although an employee has three (3) working days following fhe.date of a reprrrnand to submit his or her own rebuttal comments, which shall accompany the reprimand iri -the. employees personnel file- 4- Removal of minor discipline records. At the request of the employee, records of minor discipline will be removed from the employee's personnel file three (3) years after the date of the written reprimand or documented counseling. Records will be removed provided the employee has received satisfactory performance reviews in the subsequent three (3) year period from date of the written reprimand/documented counseling and no further discipline has been initiated_ The employee shall initiate the request to remove records of minor discipline through his or her Department " Head. The .employee's Department Head shall coordinate this request through Human Resources to ensure the appropriate criteria has been met to remove the records-. Nothing in this section is intended to prevent documentation of progressive discipline_ C_ Major Discipline - Major discipline may -only be implemented by Department. Heads. Types of major discipline include the following: 1. Suspension_ The temporary removal of an employee from the City'service without:pay for one (1) or more working days. - Working days_ shall be determined by reference to: the affected employee's normal work schedule_ 2_ Merit decrease. A pay step reduction where. performance fails short of the nor naE 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 opporlunity to conform` his or her conduct to required behavior or performance standards and has failed to do.so, or where an employee has committed one or more serious offenses for which no other disciplinary measure is appropriate. D_ Disciplinary Process —Major Discipline_ Any imposition of major discipline must . follow the procedures set .forth below_ 1. Notice_ A written Notice. of Intent to Discipline.( "Notice of•Intent "} shall be prepared by the Department Head in consultation with the Human Resources Department_ The Notice-6( Irrtent shall state. • a. The specific type of disciplinary action proposed; b_ The effective date of the action; c. The specific reasons) 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. fias the right to respond orally or in writing at an informal hearing to explain why the employee believes the, proposed CITY OF ROHNE.RT PARK Page 32 of 3.9 Persornrel Rules and Regulations CITY-0 F ROHNERT PARK Personnel Rules and Regulations major discipline should not be imposed. A request for such a hearing must be submitted in writing within ten 0 working days of receipt o! the Notice of intent_ 2. informal hearing (i.e_ Skelfy.heoring). At the employee's request, an informal hearing will beheld Prior. to the imposition of major..discipline. This hearing is not. an :evidentiary hearing; but - .rattier an 'Opportunity for the employee to present information as to why the proposed major discipline shqufii not be imposed. Except by stiputalion of the City and-the employee, the . hearing shall fake place ird not len working (TO). day s of the employee'. request for hearing; and it -May. be-.rescheduted only once at in the employee's request, The following parameters -apply to the infbrrnai hearijig. a. The hearing shalt be conducted by a responsible person designated by the Personnel Officer_ b- The hearing shall include the employee, the employee's chosen representatives) -(reasonable number), and others as directed by the hearing officer- Absent extenuating circumstances; the employee's failure to appear waives his or her right to such a hearing_ c_ The hearing shall be tape recorded or stenographically recorded,, and a copy of the tape recording or transcript shall be provided to the employee upon request d_ At the hearing, the employee shall be given an opportunity, either orally or in. writing,. or both, to bring forward facts or circumstances which may cause . ause the charges to be revised ondismissed_ if . the employee's. information is presented by his or her representative, all statements: roade ?iy the representative shalt be attributed to the employee as if made by him or her personally, and it is I he employee's obligation to correct any misstatements) by the representative_ e_ Following the hearing, the hearing officer witt.make a written recommendation to the Department Head who issued the Notice of Intent as to whether the Proposed,discipline.shoufd be irr?posed, modified, reduced or dismissed_ 3:. Uotice of dis.cipiine. Following the informal hearing, if. requested, .the same Uepanment.Head who issued the 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 ttie dismissal shaft be.provrded to the employee as soon as practicable- If the decision is to impose Proposed or in some mod�ed 'or reduced form, a written Notice of Discipline shalt be p prepar ed e7he Notice of Discipline shall state: a_ The specific type of disciplinary action that will be imposed; b_ ..TF►e specific reasons) or causes) for the actions, setting -forth specif►C facts.. #hat .{orr.fhe fx�srs for the decision; C_ The effective date of the action; and d. The applicable appeal fights available to the employee pursuant -to !these Personnet'RW es; _ Disciplinary action becomes effective on .the date stated in the. Notice of Disci rna Action, notwithstanding an employee's timely request for an evidentiary hearing before the Personnel Officei _ PI ry -- Appeal from. Nfai0r Disciatine.- Any:-employee on Gvhom major.`discipline has'tieert imposed shat! be enf�tlec! to an appeal hearing.as set forth below. 7_ Timing_ An employee wishing to exercise the a written Notice of f1 appeal .tights provided in. -.this Section..rrrust •de6vef a ppeal to the Personnel Officer within ten (10 work'' ' days`afier the date of the 'Notice of Discipline_ :RY OF R014NERT PARK 'ersonnel Rules and Regulations Page'33 of 39 ,ITY OF ROHNERT PARK 'ersonnel Rules and Regutatioris 2_ Employee representation_ Emi ployees-may represent themselves or be represented by.legal counsel or representative(s) of the employees recognized employee organization_ 3_ Evidentiary hearing_ An evidentiary hearing before, a neutral hearing officer shall be arranged for by. the Assistant City Manager or his /her-designee and shall, absent'exterivating circumslances,.be held within thirty (30) working days of the, receiving the Notice of-Appeal. The: hearing shalt be closed and confidential_ Prior to the. hearing, the Assistant City Manager or his /her designee shall supply -the hearing officer with (1). the Notice of. Intent'and any,attachments, (2) the Skelty hearing ofiicei s written recommendation, and (3) the Notice of Discipline and any attachments_ Other bearing 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. TI►e hearing shall be stenographically recorded. : c_ Any and all witnesses other than the City's representative shatl be excluded from the proceeding until. called to testify, except as mutually agreed to by the - employee and the City's representative_ d Order of hearing shalt be: i_ The. City's representative, followed by the employee, may make preliminary opening statements_ . 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 employee's position; the City's representative may cross - examine all witnesses calfed•by the employee_ iv. The City's`repr.esentative, followed by the employee, may make a closing statement. 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 tb.retying:in the conduct of serious affairs_ Oral evidence shall be taken.only upon oath.or afFirination_ Hearsay evidence may be used for various purposes;. however, hearsay standing alone and properly objected to shall not be corripetent 'lo 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). snail . rule on ' any objections made to -the admissibility of evidence or otherwise. relating to the conduct of.the hearing_ e- t Folloviing the conclusion of, the.-hearing, the hearing, officer shall prepare. written findings and. recommendations and provide there to-ihe City Manager, The hearing officer may recommend changes to the proposed discipline-.. However, if the hearing officer finds that the:underlying facts giving rise to the charge(s,) are proved by a preponderance of the :evidence; the hearing officer. may not recommend a redtictiori in discipline if reasonable minds could differ eis•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 - riot differ • as to the: appropriate :level.-of discipline and set forth the facts upon which he or she based. such finding_ lf: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-6F ROHNERT PARK Personnel Rules and Regulations 4. City Manager's Determination. The hearing officer's findings and recommendations shalt be torwarded to the City Manager for his. or her. review_ The jaity . Ntatiager .wilt follow the recommendations of the hearing officer unless he or she can show abused his or her discretion. cause that the hearing officer .a The City Manager shatl 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 appea! hearing:officer's written findings and recommendations). b. The City Manager shalt issue a decision imposing the .disciplinary: action he or she deems appropriate and in the best interests of the City. c. The City Manager's decision shall be in writing-and shatl be final It shall include a co of the m py appeal, hearing officer's findings and recommendations and shalt be filed, as. a permanent record in the employee's personnel file. . d_ Notice of the City Manager's decision, along with a copy Of both the;Cily Managers decision and the appeal hearing officer's findings and recommendations, shall be served 'on the 'employee by personal service or by registered or certified mail. The notice shall also include a statement of the employee's right to seek judicial review within 90 days pursua 1094-6.. nt to Code of Civil= Procedure : Use of paid administrative leave. Nothing in Ibis Section is-intended to abrogat City's right the Ci right to place an employee on paid administrative leave during the investigation of circumstances that could lead to the I mposition 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- _:California Government 'Code Section.3300, 'the State of California enacted the Public Safely Officers' Rrocedural Bi l of Rights (POBRA)_ As defined coder California Government Code Section 3301; the positions within the City . that are covered by the POBRA are the tot[owing_ Public Safe Trainee, Public Safety Officer; Public Safety Sergeant, Public Safef Su tY Officer Commander; and Difeclor of Public Safety' _ It shalt be the lie of the�Cit oto( extend iheseas metrights and privileges to all non - safely members of the Rohnert Pack. Public Safety Officers' Association, except chose than by their very nature could only apply to peace officers and /oi firef : hteTS_ revisions to California Code sections 3300 et seq and Court interpretations of tbie statutes sha o be binding on the City. with respect to non - safety members of the Rohned Association. Ptibtie .Safety. Officers' For safety and non- safety employees alike, the phrase "locker, or othei'space for storage: that may be assigned to him" as used in Government Code Section 3309 shall include, but' is not limited to, a Public Safety. employee's assigned City vehicle and /or the enclosed ,spaces of an employee's assigned desk or office area Nothing in this section shall preclude the City from temporarity.re- assigning.a departmental asset to meet a necessary Operational requireinenl_ :ITY OF ROHNERT PARK Page 35 of 39 ersonnel Rules and Regulations 3TY OF ROHWRT PARK 'ersonnel Rules and Regulations OLOSSARY — DEFINITION OF`TERMS %DMINISTRATIVE LEAVE - Absence with full pay and benefits, ordered by a Department Head or the City Aanager, when the Citys interests require the employee -to be away from the job. %NNIVERSARY DATE -The. date, which signifies the completion of each-year of service by a regular employee It a position and/or the date 'an employee starts his/her probationary period 'for either original, promotional, or :hange in classification appointments_ APPLICANT - A person who has successfully completed and submitted an employment application for a >osition for which the City is currently recruiting. XPPOINTMENT - The selection of, and acceptance by, an applicant to a position in the City service in rccordance with these rules_ .AVERAGE SCORE - Means the combined average of all. relevant, converted, and weighted scores obtained by . ) candidate for a given classification or-positiori title_ �ALENDAR DAYS -.Consecutive days within a specifte time frame and shall include weekends and holidays_ aANDIDATE - An applicant for City employment who meets. the minimum quali fications of the position applying or and has been selected to begin the testing process or a person on an eligibility fist_ CFRA - California Family Rights Act, state taw established -in 1993, and is administered by the California -Department of Fair Employment and Housing. CiTY COUNCIL -The duty elected governing body. of the city_ CITY MANAGER -The iridivtdua} .appointed by 'the City Council to manage all City operations; departments, policies and rules_ CITY SERVICE - The entire ernployment-system*of the City_ CLASSIFICATION - A =group of. positions sufficiently. similar in respect to duties and responsibilities, that the same 'descriptive ctassificatiori tine may be, used to designate each position allocated to that class_ The same minimum qualifications riiay be,required of incumbents of positions in the class, and the same examinations. may be used to choose-quaffited employees_ CLASSIFICATION SERIES -. A group of dassifcations sharing similar functions but differing as to level of complexity, difficulty and,-responsibility_ CLOSE RELATIVE Relative shat! mean. spouse, father,.father -in -law, mother; mother -in -law, brother, brother, in -law, sister, sisterJrviaw, child (including stepctiildten), stepparents, aunts, undes, 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 - Any-satary, fee, or allowance paid to an employee for performing the duties and exercising the responsibilities of.a position_ DISCIPLINARY ACTIONS - Actions taken with the objective of obtaining employee compliance with rules, orders, procedures, standards of conduct and/or expected. job performance when non - disciplinary corrective actions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its own_ CITY OF ROHNERT PARK Personnel Rules and Regulations Page 36 of 39 CtTY,OF ROHNERT PARK ,Personnel Rules and Regutations DOMESTIC PARTNER - Two adults who have chosen -:to share one another's lives of Domestic in an commlted relationship. of mutual caring. To be 'eligible' intimate and both parties must file a ©eclarat an Partnership with the'California Secretary of State_ ELIGIBLE - A person whose name is on an employment list- ELIGIBI LITY LIST - A list that contains the names of qualified candidates, for a specific classification, who.have . completed alt examination processes and ace ranked, in order of the score a rating received: EMPLOYEE - Any person appointed to fill an authorized employment position in the.' ity. service_ Elected officials, volunteers, unpaid interns, and those appointed to advisory boards, committees, and commissions are not employees_ The categories of employees are- Regular: A regular employee is one who has passed probation and hold s a regularly authorized position employees: With benefits. Regular employees may 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, 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 Management and Confidential Units_ Benefits for the 2_ Regular part - time: a person who holds a budgeted position, with duties and responsibilities that do not end in a specific time period; works fora 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 %o benefits; 30 hours per week receives 75% benefits). 3- Specially- funded= a person who works in a. regular full or -part -time positio than City revenues (e.g_, federal or' state grants.)_ n funded by sources other Probationary= A probationary employee is someone in 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 purpos employees include: e to meet the needs of the City_ Special 1'. Provisional employees i.e- an employee. who meets the minimum wh qualifications for a position and who is appointed on an interim basis until the vacancy can be filled_ 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 declared emergency which threatens life, property, or the general welfare of the City . and, whose position. ceases when the . emergency ceases_ Probationary and S cause pecial Employees maybe dismissed from such positions or disciplined with or without : :NTRY L "EVEL -The initial position in a class series. XAMfNAT10N -The .process utilized to evaluate the relative skills. and �knowteifge of an a ficant i rospective employment or current employee who has .applied. for a change in classification andlor txomotion iTY OF ROI-INERT PARK . ersonriel Rules and Regulations Page 37 of 39 :rtY OF ROHNERT.PARK personnel Rules and Regulations fechniques utilized may consist of, but not Timiled to any of the following= traditional paper and pencil tests, ierfortnance tests; skills test, or oral assessment- EXEMPT - An employee in a specific classification who, according to the Fair Labor Standards Act (FLSA) is. sxempt from the City s overtime policies -and is compensated for overtime through Administrative Leave, 3ccurnutated per specifications outlined in the MOA's and /or Outline of. Benefits. for the Management and :;onfidentiat Units- FAMILY AND MEDICAL LEAVE POLICY - Provides for employee leave during times of illness or family emergencies_ In compliance with California Family Rights Act and Federal Family Medical Leave Act_ FMLA - Family Medical Leave Act, federal. law established in 1993 and administered by the Department of Labor_ GRIEVANCE - A .complaint by an employee relating to wages, hours, and working -conditions- Disciplinary action cannot be grieved- LEAVE-OF-ABSENCE 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 units and -the City that have been adopted by the City Council NOLO- CONTENDERE - Latiri for, -no contest." In a criminal proceeding, a defendant may ernter a plea of polo. 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 % times 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 MONs and /or Outline of Benefits for the Management and Confidential Units_ POL -: Pregnancy Disability Leave, California taw established in 1994, and administered by.'he 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 het designee_ POSITION A specific office or employment provided by the budget, whether occupied or vacant, call- "ing-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 de monstrate fitness for the position to which appointed by actual performance in The position_ PROMOTION -The movement of a quafif'►ed employee from one class to another class with .a higher maximum rate.of pay and greater-job responsibilities- REINSTATEMENT - The re- employment of an employee who has regular or probationary status in a class, who has been-laid off, is returning 'from an approved leave requiring reinsraternent, or. who has resigned in :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 ROHNtRT 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 Safely Officers, Public Safety Dispatchers, Communications Supervisor, Community Services Officers, Part -Time Dispatchers, and Public Safely Officer Trainees. RULES - The Personnel Rules and Regulations -of the City of Rohner( Park as contained in this document_ SALARY - A regular employee's base pay as approved by the City Council in the classification and salary plan i_e_ pay rates and ranges, computed on a monthly basis. SALARY RANGES - The rale(s) assigned to a classification in the pay rates and ranges. S.EIU - Service Employees International Union Local 707_ The labor bargaining and representation unit for certain City employees in the Department.of Public Works TEMPORARY APPOINTMENT. - An .appointment of limited duration. in the absence of available eligible amptoyees or applicants_ 9 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 }axing essentially the maximum salary limits', and involving the Performance of similar duties_ NORKDAY - is a twenly -four (24) hour period be gir;ning at the same time each calendai day. NORKWEEK Means any. forty (40) hour period - within' sev :alendar day each week_ en (7) consecutive days starting with the same ZESOLUTIONS EFFECTING PERSONNEL POLICY RESO 79 -22 - EMPLOYEE GRIEVANCE PROCEDURE -RESO 92 -78 - EQUAL OPPORTUNITY EMPLOYER - RESO. 93 -38 AGAINST HARASSMENT RESO 92 -79 = POLICY AGAINST DISCRIMINATION BASED'ON DISABILITY - ADA RESO 99 -01 ELECTRONIC MEDIA USE RESO 91 -192 - ANTI -DRUG POLICY RESO 87-117 - DEPENDENT CARE ASSISTANCE PROGRAM RESO f?0 -10 10 - EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004) RESO 03-71 - PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE PESO 03 -235 CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING - OUTLINE OF THE CITY'S COMPLIANCE W THE HEALTH INSURNCE PORTABILITY AND ACCOUNTABILITY ACT.OF WITH ITH 1996 g ITY 6F- R011NERT PARK ersonnel Rules and Regulations Page 39 of 39 �mm SHOP USE POLICY RECITALS: January, 1487 (1) The Memorandum of Agreement between the City of Rohnert Park and the Sonoma County Organization of,Publ. c Employees representing permanent employees i.n the Oepartnent of Public Works for the .period July 1,1986 through June 30, 198g. provides in Paragraph 19 that the City will meet and confer_ with. SCOPE representatives to try and develop a Shop Use Policy. (Z) Any use of public.prop.erty for personal convenience or benefit must be considered as compensaticon to the party being benefited since the City's Code of Ethics pro ides.that.no use of City`faciiities or equipment will Of... to City employees which. is not available to the public generally. (3) City equipment. and the Pub,iic Works shop has, in the past, been used by Public Works employees for their:own benefit; however, when the matter was brought to the'�attentlon of the City-Manager,- the practice was terminated because, in.his'opini,on, the situation. had gotten out of hand_ (4) The City Administration and.. Oepartment of Public Works employees want to work out a reasonable program. for the use of the Public Works shop for the permanent employees.of the Department of Publ -ic Works. If a Shop :Policy is to be approved by the City, then the City feels it should be subject to the following conditions and. understandings: 1• the use. of shop .equipment and material should be restricted to permanent em ployees. of the Department of Public. Works, i.e. those covered by the Memorandum of Agreement, and the use. considered as 'pens- additional coation to those employees. 2. The use will be. restricted to work on the motor vehicles of l or their immediate families only.P oyees 3. Work will be restricted to light mechanical and maintenance ..ark vehicles, such -as lube and oil changes, safety checks, light mechanical work, tire repairs, brake .replacements, washing, waxing, and cleaning vehicles. Any 'other uses. not falling - within this description ..ill require the prior approval Of the .Superintendent of Public Works or his delegate. 4. The shop use will be restricted to the hours of 7:00 a.m. to 8:00 a the lunch hour, :.hich is .noon to 1 :00 p.m.; and from 5:00 p.m. to 7m0o. p.m. In short, the hours-.approved would be: 1 hour before starting time, the noon hour,. and 2" hours.diter quitting time. 5• Em loyees cannot work alone. .There must be another Oepartment. Public Works employee within sight or hearing distance of th of working on the vehicle, a emplo: e ir-• �mm SHOP USE POLICY RECITALS: January, 1487 (1) The Memorandum of Agreement between the City of Rohnert Park and the Sonoma County Organization of,Publ. c Employees representing permanent employees i.n the Oepartnent of Public Works for the .period July 1,1986 through June 30, 198g. provides in Paragraph 19 that the City will meet and confer_ with. SCOPE representatives to try and develop a Shop Use Policy. (Z) Any use of public.prop.erty for personal convenience or benefit must be considered as compensaticon to the party being benefited since the City's Code of Ethics pro ides.that.no use of City`faciiities or equipment will Of... to City employees which. is not available to the public generally. (3) City equipment. and the Pub,iic Works shop has, in the past, been used by Public Works employees for their:own benefit; however, when the matter was brought to the'�attentlon of the City-Manager,- the practice was terminated because, in.his'opini,on, the situation. had gotten out of hand_ (4) The City Administration and.. Oepartment of Public Works employees want to work out a reasonable program. for the use of the Public Works shop for the permanent employees.of the Department of Publ -ic Works. If a Shop :Policy is to be approved by the City, then the City feels it should be subject to the following conditions and. understandings: 1• the use. of shop .equipment and material should be restricted to permanent em ployees. of the Department of Public. Works, i.e. those covered by the Memorandum of Agreement, and the use. considered as 'pens- additional coation to those employees. 2. The use will be. restricted to work on the motor vehicles of l or their immediate families only.P oyees 3. Work will be restricted to light mechanical and maintenance ..ark vehicles, such -as lube and oil changes, safety checks, light mechanical work, tire repairs, brake .replacements, washing, waxing, and cleaning vehicles. Any 'other uses. not falling - within this description ..ill require the prior approval Of the .Superintendent of Public Works or his delegate. 4. The shop use will be restricted to the hours of 7:00 a.m. to 8:00 a the lunch hour, :.hich is .noon to 1 :00 p.m.; and from 5:00 p.m. to 7m0o. p.m. In short, the hours-.approved would be: 1 hour before starting time, the noon hour,. and 2" hours.diter quitting time. 5• Em loyees cannot work alone. .There must be another Oepartment. Public Works employee within sight or hearing distance of th of working on the vehicle, a emplo: e - i Shop -Use Policy -Z- January 1987 6. No private parties are to be on the City premises to either witness or participate in the work' being done. 7. No use of specialized City equipment such as the spina balancer, engine analyzer, tune -up machines, or other specialized equipment will be used unless the equipment is operated by the City mechanic or assistant mechanic. 8. No smog certificates are to be issued by any City employee for a private vehicle. 9. Any and all City mat eria -is used and consumed must be accounted for and the City reimbursed. Generally-,.employees will be required to provide their own materials 'to be used in the repair or maintenance of their vehicles. 10. A sign -up sheet wi.11 be developed. All employees.desi.ring to use the shop for vehicle maintenance will be required to: 'sign up in advance and must receive approval for`the shop use from the Superintendent of Public Works. or his del °eg°ate in advance of the use. 11. -No other use of City equipment or facilities other.than.to work on motor vehicles is authorized: i APR 8 -7 Brad Kosaschi Date. S..C.0.P.E. Shop Stewart - P7 _Donald Whittier Date S.C.O.P.E. Shop Stewart