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2010/07/27 City Council Resolution 2010-78RESOLUTION NO. 2010-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF ROHNERT PARK APPROVING AND ADOPTING THE MEMORANDUM OF AGREEMENT WITH THE ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION (RPPSOA) WHEREAS, on November 10, 2009, the City Council adopted Resolution No. 2009 -118 approving the Summary of Terms and Conditions of Agreement (Agreement) with the Rohnert Park.Public Safety Officers' Association (RPPSOA); WHEREAS, the City Council directed staff to prepare a Memorandum. of Agreement in accordance with the terms and conditions of the 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 RPPSOA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve and adopt the Memorandum of Agreement for the Rohnert Park Public Safety Officers' Association (RPPSOA), 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 RPPSOA. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 27th day of July, 2010. ATTEST: A _ - Clerk CITY OF ROHNERT PARK Mayor �glIRORN�w BELFORTE: AYE BREEZE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE AYES: (5) NOES: (0) 1 ABSENT: (0) ABSTAIN: (0) MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND THE ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION (RPPSOA) EFFECTIVE July 1, 2009 through June 30, 2011 Exhibit A TABLE OF CONTENTS 1.1 REGULAR WORKWEEK FOR EMPLOYEES ...................................................................................... ..............................5 1.2 DISPATCHERS SHIFT ROTATION .................................................................................................... ..............................5 1.3 PUBLIC SAFETY OFFICER TRAINEES ............................................................................................. ..............................5 1.4 POLICE AND FIRE TRAINING DRILLS ............................................................................................. ..............................5 1.5 BREAKS AND MEAL BREAKS .......................................................................................................... ..............................5 1.6 SHIFT CHANGES .............................................................................................................................. ..............................6 1.7 LIMIT ON HOURS WORKED IN A WORK CYCLE ............................................................................ ..............................6 1.8 SHIFT CHANGE DAY LIGHT SAVINGS TIME ................................................................................... .............................6. 1.9 KELLY PLAN SCHEDULE ................................................................................................................ ..............................6 2. OVERTIME /COMPENSATORY TIME / CALL - OUT / STAND -BY/ COURT ......................... ..............................7 2.1 OVERTIME ...................................................................................................................................... ............................... 7 2.2 COMPENSATORY TIME .....................................:............................................................................. ..............................7 INDUSTRIAL INJURY OR ILLNESS .................................................................................................. .............................11 2.3 CALL - OUT ....................................................................................................................................... ..............................7 SICK LEAVE ................................................................................................................................... .............................11 2.4 STAND -BY ....................................................................................................................................... ..............................7 CATASTROPHIC LEAVE ................................................................................................................. .............................12 2.5 OFF-DUTY COURT APPEARANCE PAY ........................................................................................... ..............................8 PATERNITY LEAVE ........................................................................................................................ .............................12 3. HOLIDAYS .................................................................................................................................... ..............................9 FAMILY AND MEDICAL LEAVE ...................................................................................................... .............................12 3.1 OBSERVED HOLIDAYS .................................................................................................................... ..............................9 LIGHT OR LIMITED DUTY .............................................................................................................. .............................12 3.2 HOLIDAY PAY ................................................................................................................................. ..............................9 AMERICANS WITH DISABILITIES ACT ........................................................................................... .............................12 3.3 HOLIDAY PAY FOR DETECTIVES .................................................................................................... ..............................9 PAYMENT TO BENEFICIARY .......................................................................................................... .............................12 4. VACATION .... ............................... HEALTH PLAN COVERAGE ............................................................................................................ .............................12 4.1 VACATION SCHEDULE ................................................................................................................... .............................10 DENTAL COVERAGE ................................................................................:..................................... .............................13 4.2 MAXIMUM ACCRUAL ..................................................................................................................... .............................10 VISION COVERAGE ........................................................................................................................ .............................13 4.3 ELIGIBILITY FOR NEW HIRES ....................................................................................................... .............................10 ADOPTION BENEFIT ....................................................................................................................... .............................13 4.4 VACATION BENEFITS ..................................................................................................................... .............................10 DEATH /BEREAVEMENT LEAVE ..................................................................................................... .............................14 4.5 SEASONAL OR TEMPORARY EMPLOYEES ..................................................................................... .............................10 FUNERAL EXPENSE BENEFIT ................................................:........................................................ .............................14 4.6 VACATION SCHEDULE BASED ON SENIORITY ............................................................................... .............................10 LONG -TERM DISABILITY INSURANCE ........................................................................................... .............................14 4.7 FRINGE BENEFITS FOR PART -TIME EMPLOYEES ......................................................................... .............................11 DISABILITY WAGE PLAN ............................................................................................................... .............................14 5. MILITARY TRAINING .............................................................................................................. .............................11 6. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS ................................. .............................11 6.1 FRINGE BENEFIT ADMINISTRATION ............................................................................................. .......................:.....11 6.2 INDUSTRIAL INJURY OR ILLNESS .................................................................................................. .............................11 6.3 SICK LEAVE ................................................................................................................................... .............................11 6.4 CATASTROPHIC LEAVE ................................................................................................................. .............................12 6.5 PATERNITY LEAVE ........................................................................................................................ .............................12 6.6 FAMILY AND MEDICAL LEAVE ...................................................................................................... .............................12 6.7 LIGHT OR LIMITED DUTY .............................................................................................................. .............................12 6.8 AMERICANS WITH DISABILITIES ACT ........................................................................................... .............................12 6.9 PAYMENT TO BENEFICIARY .......................................................................................................... .............................12 6.10 HEALTH PLAN COVERAGE ............................................................................................................ .............................12 6.11 DENTAL COVERAGE ................................................................................:..................................... .............................13 6.12 VISION COVERAGE ........................................................................................................................ .............................13 6.13 ADOPTION BENEFIT ....................................................................................................................... .............................13 6.14 DEATH /BEREAVEMENT LEAVE ..................................................................................................... .............................14 6.15 FUNERAL EXPENSE BENEFIT ................................................:........................................................ .............................14 6.16 LONG -TERM DISABILITY INSURANCE ........................................................................................... .............................14 6.17 DISABILITY WAGE PLAN ............................................................................................................... .............................14 6.18 LIFE INSURANCE ............................................................................................................................ .............................14 6.19 DEFERRED INCOME ....................................................................................................................... .............................15 6.21 CLOTHING ALLOWANCE ............................................................................................................... .............................17 6.22 EDUCATION AND TRAINING ........................................................................................................... .............................17 MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 II 6.23 LONGEVITY AND INCENTIVE PAY (P.O.S.T., DETECTIVES, MOTOR OFFICERS) ........................ .............................18 6.24 RETIREMENT PROGRAM ................................................................................................................ .............................19 6.25 DEPENDENT CARE ASSISTANCE PROGRAM :................................................................................. .............................19 6.26 HEALTH CARE TAX -FREE DOLLAR ACCOUNT PROGRAM ........................................................... .............................20 7. AGENCY SHOP AND PAYROLL DEDUCTIONS ................................................................. .............................20 7.1 AGENCY SHOP ................................................................................................................................ .............................20 7.2 DEDUCTIONS .................................................................................................................................. .............................21 7.3 LISTING OF DEDUCTIONS .............................................................................................................. .............................21 7.4 HOLD HARMLESS ........................................................................................................................... .............................21 8. SAFETY EQUIPMENT ............................................................................................................... .............................21 8.1 REPLACEMENT EQUIPMENT .......................................................................................................... .............................21 8.2 PERSONAL EQUIPMENT ................................................................................................................. .............................22 8.3 SAFETY GLASSES, CONTACTS, AND UV EYE PROTECTION ( SUNGLASSES) ................................. .............................22 9. SALARIES & MISCELLANEOUS PAY ................................................................................... .............................22 9.1 SALARY ADJUSTMENTS ................................................................................................................. .............................22 9.2 FIELD TRAINING OFFICER (FTO) PAY ......................................................................................... .............................22 9.3 FIRE SPECIALTY ASSIGNMENT AND ENGINEER PAY .................................................................... .............................23 9.4 FIRE CAPTAIN PAY ........................................................................................................................ .............................23 9.5 EMT PAY ....................................................................................................................................... .................:...........23 9.6 PAYDAY .......................................................................................................................................... .............................24 9.7 SHIFT DIFFERENTIAL .................................................................................................................... .............................24 9.8 NON -SWORN TRAINING OFFICER PAY ......................................................................................... .............................24 9.9 BILINGUAL PAY ............................................................................................................................. .............................24 9.10 MASTER OFFICER PROGRAM ........................................................................................................ .............................24 10. ALCOHOL AND DRUGS ........................................................................................................... .............................25 10.1 ALCOHOLIC BEVERAGES OR OTHER DRUGS ................................................................................ .............................25 10.2 OFF -DUTY HOURS .......................................................................................................................... .............................26 10.3 PRESCRIPTION DRUGS ................................................................................................................... .............................26 10.4 SPECIAL ASSIGNMENTS ................................................................................................................. .............................26 11. PHYSICAL AND PSYCHOLOGICAL FITNESS ......................................................................... .............................26 11.1 PHYSICAL FITNESS ........................................................................................................................ .............................26 11.2 FITNESS PROGRAM ........................................................................................................................ .............................26 11.3 PSYCHOLOGICAL FITNESS ............................................................................................................ .............................26 11.4 PSYCHOLOGICAL COUNSELING .................................................................................................... .............................26 12. SMOKING .................................................................................................................................... .............................26 12.1 NON - SMOKING PAY PREMIUM ...................................................................................................... .............................27 12.2 EMPLOYEES HIRED AFTER JULY 1, 1993 ..................................... ............................................................................. 27 13. RESIDENCY ................................................................................................................................ .............................27 14. GRIEVANCE POLICY AND PROCEDURE ........................................................................... .............................27 15. PERSONALIZED VEHICLE PROGRAM ............................................................................... .............................28 16. USE OF SPORT CENTER AND LAP SWIMMING PROGRAM .......................................... .............................28 17. MANAGEMENT RIGHTS ............................... ............ .............................28 ............................... ............................... 18. WORK CURTAILMENT (NO STRIKE CLAUSE) ................................................................. .............................28 19. PERSONNEL RULES AND REGULATIONS ......................................................................... .............................28 20. RESCINDING OF PREVIOUS RESOLUTIONS /AGREEMENTS ....................................... .............................29 21. TERM OF AGREEMENT .......................................................................................................... .............................29 MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 III 21.1 EFFECTIVE DATE ........................................................................................................................... .............................29 21.2 TERMINATION DATE ............................... ,. .................................................................................................................. 29 22. SUCCEEDING AGREEMENT .................................................................................................. .............................29 23. INVALIDATION ........................................................................................................................ ............................... 29 23.1 SUSPENSION OF AGREEMENT ........................................................................................................ .............................29 23.2 REPLACEMENT ............................................................................................................................... .............................29 24. NON - DISCRIMINATION ........................................................................................................... .............................29 25. PERSONNEL FILES ................................................................................................................... .............................29 26. EMPLOYEE PERFORMANCE EVALUATIONS ................................................................... .............................29 27. EMPLOYEE ASSOCIATION OFFICERS ............................................................................... .............................30 MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 MEMORANDUM OF AGREEMENT The City of Rohnert Park (City) recognizes the Rohnert Park Public Safety Officers' Association ( RPPSOA) as the labor bargaining and representation unit for Public Safety Sergeants, Public Safety Officers, Fire Marshal, Public Safety Dispatchers, Communications Supervisor, Community Services Officers, Part -Time Dispatchers, and Public Safety Officer Trainees. Pursuant to Government Code Section 3500 et. seq., the representatives of the RPPSOA and the representatives of the City have met and conferred and hereby submit their joint recommendation for salary and benefit compensation for all members of the bargaining unit. Public Safety Officer Trainees are included in this Memorandum of Agreement with limited terms and conditions only as specified herein. 1. Hours of Work 1.1 Regular Workweek for Employees (a) Four (4) consecutive workdays of ten (10) consecutive hours followed by three (3) consecutive days off shall constitute the primary workweek for all employees of the bargaining unit, except those assigned to the Fire Division on the Kelly Plan Schedule and Public Safety Officer Trainees. Employees required to work more than forty (40) hours or more than four (4) consecutive workdays during any seven (7) consecutive day period, or work more than the normal number of hours worked in a single workday shall be paid at time and one -half his /her regular pay rate as described in Section 2.1. Under special or unusual circumstances, alternate workweeks can be implemented by the Director of Public Safety through a side - letter agreement with the RPPSOA following a Meet and Confer Process. Such side - letter agreements shall contain a specific expiration date and shall not establish precedent for future cases. The established work cycle shall commence at 12:01 a.m. on Monday. (b) In order to provide public safety services to the community at all times during the day, the City will establish shifts. The City retains the authority to determine the regular start and end times and days of shifts. 1.2 Dispatchers Shift Rotation Shifts will be rotated among dispatchers in time intervals at the discretion of the Director of Public Safety. 1.3 Public Safety Officer Trainees Public Safety Officer Trainees' hours of work generally will be to attend and participate in the Basic Police Academy. City reserves the right to make additional work assignments. 1.4 Police. and Fire Training Drills Public Safety Sergeants, Public Safety Officers, and Community Service Officers are required to participate in police or fire training drills unless on approved leave or previously excused in writing by the Director of Public Safety. 1.5 Breaks and Meal Breaks Public Safety Sergeants, Public Safety Officers, and Community Services Officers are allowed two (2) fifteen (15) minute breaks and a thirty (30) minute paid meal break during assigned shift, but work assignments are priority and paramount and City is not obligated or liable in any manner for meal time or breaks not taken. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 1.6 1.7 1.8 1.9 Dispatchers will be allowed a thirty (30) minute paid meal period during the shift, however work assignments are priority and paramount and City is not obligated or liable in any manner for meal periods not taken. Dispatchers are encouraged to remain on the work site during their entire work shift. Shift Changes (a) Employees shall receive at least seventy -two (72) hours (three (3) calendar days) notice of involuntary shift changes for assignments of thirty (30) days or less, except in instances of emergency declared by the Director of Public Safety or an injury to an employee, which, in the City's opinion, necessitates a shift change. (b) Employees shall receive at least one - hundred and sixty -eight (168) hours (seven (7) calendar days) notice of involuntary shift changes for assignments in excess of thirty (30) days, except in instances of emergency declared by the Director of Public Safety or an injury to an employee, which, in the City's opinion, necessitates a shift change. (c) All work performed as the result of a shift change with less notice than required in (a) or (b) above shall be compensated at the overtime rate until the employee resumes his /her regular shift or the seventy -two (72) hour or one - hundred sixty -eight (168) hour required notice period has expired, whichever occurs first. Regular shift as used here means the employee's normal hours worked prior to the shift change. Limit on Hours Worked in a Work Cycle No employee shall be required to work more than forty (40) hours during any seven (7) day work cycle or more than eighty (80) hours during any fourteen (14) day work cycle. Otherwise said employee's work shall be paid at time and one -half his/her regular pay rate. Shift Change Day Light Savings Time Shifts worked on the dates on which Day Light Savings Time is adjusted will be ten (10) hour shifts. Overtime will be paid for extra time worked if the City prolongs the shift as a result of changing the clock. There shall be no deduction in pay if the City shortens the shift as a result of changing the clock. Kelly Plan Schedule An adequate number of teams, consisting of no fewer than two (2) RPPSOA members (Sergeants and PSOs) each will work a 24 -hour Kelly Plan schedule to provide minimum round the clock staffing of two (2) or more PSO staffed fire stations. The City reserves the right to implement modified staffing in the event of a declared emergency situation. (a) The work period is a 28 -day period. Overtime will be paid for hours worked in excess of 212 hours for that work period. Overtime payment shall be as provided for in section (c) below. Additional overtime (beyond the 56 hour work period) shall be compensated in the manner of the provisions of the current MOA. (b) The pay (base pay, longevity, and engineer /captain /EMT pay) will remain the same for the monthly period because of the City's semi - monthly payroll system. In effect, the pay for each 28 -day work period will be calculated by dividing the pay referred to above by 13 (the number of work periods in a year). (c) RPPSOA members working the Kelly Plan will receive 156 hours of FLSA overtime (at regular MOA overtime rate) per year (6.5 hours per semi - monthly payroll). This overtime pay can be credited as comp time earned. This determination will be made solely at the discretion of the employee. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 6 (d) The Kelly Plan expansion will be implemented at the discretion of the Public Safety Director based on available staffing. Credit for overtime that may be caused by a partial month shall be pro -rated based on the number of days remaining in that month from the day of expansion. (e) Holiday pay, sick time accrual, vacation time accrual, court time off and fire call out pay during time off will remain unchanged as per the current MOA. (f) Use of vacation time, sick time and related benefit time off for employees regularly assigned to the Kelly Plan shall be computed by a ratio of 0.71. 2. Overtime /Compensatory Time /Call- Out/Stand -by /Court 2.1 Overtime (a) That compensation at time and one -half the employee's regular normal hourly rate under any of the following circumstances. 1. Work hours over forty (40) hours in any one week. 2. Work hours over the normal number of hours worked in a single workday. 3. Work hours of a workday beyond the normal number of workdays in the employee's regular work schedule. (b) Dispatchers in a part -time status shall receive compensation for all hours worked over ten (10) hours in a shift at the rate of one and one -half times his /her regular hourly rate of pay. (c) That compensation at the normal overtime rate will be paid for all mandated fire drills conducted during employee's off -duty hours. (d) Compensation for off -duty full -time employees required to answer the fire service alarm shall be the normal overtime rate with a minimum of three (3) hours call -out pay at time and one half. (e) For Public Safety Officer Trainees only — Overtime shall be paid in accordance with all applicable State and Federal laws. (f) An employee may petition their supervisor, the management designee or the Director of Public Safety, in that order, for dispensation from mandatory overtime on the basis of hardship or other unusual circumstances. 2.2 Compensatory Time (a) That a maximum of one hundred and forty (140) hours of compensatory time off may be accrued by mutual agreement of the employee and Director of Public Safety. (b) The City, at its sole option, may pay off up to seventy -five percent (75 %) of the accrued compensatory time. Employees, at their sole option, may be paid for accrued compensatory time. 2.3 Call -Out That call -out for any City Public Safety function during off -duty periods shall be compensated at the normal overtime rate with a minimum of three (3) hours at time and one -half call -out pay. Call -out time shall include reasonable travel time to and from the employees' residence, appearance in court in response to a subpoena in their off -duty time or other official hearings on City of Rohnert Park business. Extension of shifts, at the beginning or end, will not be considered call -out duty, specifically, thirty (30) minutes before or fifteen (15) minutes after the employee's regular shift. 2.4 Stand -By (a) That whenever stand -by is mandatory, employees will be compensated at the rate of one -half (1/2) their regular hourly rate for each hour of stand -by, unless otherwise mutually agreed to by the employee and representative of the City. MOA- Rohnert Park Public Safety Officers'Association . July 1, 2009 through June 30, 2011 (b) That no on -call restrictions or limitations are placed on employees on their off -duty time unless specifically required or agreed to by employee. 2.5 Off -Duty Court Appearance Pay Employees required to appear in court on City business during off -duty hours shall receive a minimum of three (3) hours pay at the overtime rate or pay for actual hours worked, whichever is greater. An employee shall only be considered on -duty for that time that he /she is actually at court or activities related to court appearances. The Department will notify an employee by 1700 hours the previous business day if his /her court appearance is cancelled. Notification of an employee's court appearance cancellation will be accomplished via the text pager system and Department voice mail system. An employee is required to check his /her Department voice mail at 1700 hours the previous business day to the court appearance to check if the court appearance is cancelled. When the court appearance is cancelled by 1700 hours the previous business day, the employee receives no compensation. When an employee's court appearance is cancelled after 1700 hours the previous business day to the court appearance, the employee is entitled to two (2) hours compensation at the overtime rate. 2.6 Acting Lieutenant/Sergeant Pay The Association and the City have met and jointly developed SOP -9, a Departmental policy outlining the criteria for members to serve in an acting capacity for the rank of Lieutenant and Sergeant. There is no requirement or obligation by the City to permanently fill positions that are open., (a) Acting Supervisor/Watch Commander Pay: Effective June 1, 2010, Public Safety Officers who have passed an eligibility testing process approved by the Director of Public Safety shall be eligible to serve as an Acting SupervisorMatch Commander. As a specific decision - making role and authority is delegated with this assignment, this assignment may be made for a period of any length, up to three months. Continuous assignment for periods exceeding one pay period will be made in writing. Acting SupervisorMatch Commander assignments will be compensated by a 5% acting pay stipend for all hours actually worked as an Acting Supervisor/Watch Commander. An Acting Supervisor /Watch Commander assignment may be compensated by a 10% acting pay stipend to ensure against loss of income to the assigned Public Safety Officer if other assignment -based compensation is removed due to the Acting Supervisor/Watch Commander assignment. (b) Acting Lieutenant Pay: Effective June 1, 2010, Public Safety Sergeants shall be eligible to serve as an Acting Lieutenant. The duration of such assignments may range from one pay period up to three months, and will be made in writing. An Acting Lieutenant assignment will typically be compensated by a 10% acting pay stipend for all hours actually worked as an Acting Lieutenant. This stipend may be adjusted upon assignment if necessary, to ensure against loss of income to the assigned Sergeant if other assignment -based compensation is removed due to the Acting Lieutenant assignment. The exact amount of the stipend shall be calculated to most closely match the Sergeant's existing pay structure, and shall not exceed a maximum of 15 %. A Sergeant receiving an Acting Lieutenant stipend may sign up for routine overtime offered to all Sergeants but shall not be paid the Acting Lieutenant stipend for such overtime hours worked. Acting Lieutenants will receive overtime as required by law for emergency holdovers, or for overtime work assigned by the Director of Public Safety or his /her designee. 2.7 Personal Leave Days MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 All members of the bargaining unit are entitled to utilize three (3) days of paid personal leave each fiscal year of the Memorandum of Agreement (thirty [30] hours for Public Safety). 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. 3. Holidays 3.1 Observed Holidays Employees will receive the following thirteen and one -half (13%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 20, 2011 The last Monday in May, "Memorial Day," 31, 2010 and May 30, 2011 "Independence Day," July 4, 2009 and July 4, 2010 The first Monday in September, "Labor Day," September 7, 2009 and September 6, 2010 "State Admission Day," September 9, 2009 and September 9, 2010 The second Monday in October, "Columbus Day," October 12, 2009 and October 11, 2010 "Veteran's Day," November 11, 2009 and November 11, 2010 The fourth Thursday in November, "Thanksgiving Day," November 26, 2009 and November 25, 2010 Day after "Thanksgiving," November 27, 2009 and November 26, 2010 12:00 Noon to 5:00 p.m. on December 24, 2009 and December 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 Holiday Pay Holiday Pay will be paid twice a year, on June 1St and December 1St to those employees required to work holidays for the holidays worked. Employees can be required to work as scheduled without any reference to holidays. Holiday pay will be calculated on a straight time basis and compensated at the rate of up to ten (10) hours only. City agrees that taxes withheld for Holiday Pay checks will be annualized to reduce the tax impact on individual checks. Regular part -time employees will be paid holiday pay based on their designated pro -rata weekly work schedule. 3.3 1 Holiday Pay for Detectives Except upon the approval of the Director of Public Safety, PSOs assigned to the Detective Division shall not be authorized to work and shall not be paid Holiday Pay for the following four (4) holidays annually, specifically: New Year's Day January 1, 2009 and January 1, 2010 Thanksgiving November 26, 2009 and November 25, 2010 MOA- Rohnert Park Public Safety Officers'Association • July 1, 2009 through June 30, 2011 9 Day after November 27, 2009 and November 26, 2010 Thanksgiving Christmas December 25, 2009 and December 25, 2010 PSOs assigned to the Detective Division may, at their option, volunteer to take -off any remaining City designated holidays. Said employees will notify City by January 15th of each year the designated holidays they anticipate working. 4. Vacation 4.1 Vacation Schedule That the following vacation schedule is in effect: Years of Service Inclusive Monthly Vacation Rate Annual Vacation Hours Up to 2 years 9.167 Hours 110 3 to 5 years 10.500 Hours 126 6 to 10 years 12.500 Hours 150 10 to 15 years 14.500 Hours 174 Over 15 years 15.833 Hours 190 4.2 Maximum Accrual (a) Vacation may be accumulated to a maximum of four hundred (400) hours. (b) Employees shall have the option to sell back to the City up to forty (40) hours of vacation time per calendar year. The rate of the sell back shall be the employee's current and regular salary as of November 1 'of each given year. The sell back shall occur during the pay period, that includes November 1. To qualify for vacation sell back, employees must have at least eighty (80) hours of vacation time accrued as of November 1 of the year of the sell back, and must have used a minimum of eighty (80) hours of vacation time within the twelve (12) months prior to November 1 of the year of the sell back. 4.3 Eligibility for New Hires Employees must work a minimum of six (6) months before any vacation earned will be credited to said employee. 4.4 Vacation Benefits Vacation benefits shall be earned and accrued to employees who are actively working or are taking leave due to an approved City program or benefit. Vacation benefits do not accrue to employees on absences from work for over ninety (90) consecutive days unless on "4850" time or when the employee becomes eligible for the City's long -term disability program for either industrial or non - industrial injury or sickness. 4.5 Seasonal or Temporary Employees Seasonal, seasonal part -time and temporary employees shall not accrue vacation benefits. 4.6 Vacation Schedule Based on Seniority. Preference for vacation scheduling will be on the basis of seniority within classification and/or as has been past practice. MOA- Rohnert Park Public Safety Officers' Association . July 1, 2009 through June 30, 2011 10 5. 6. 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. Military Training The City grants military leave to all employees for service in a uniformed service in accord with the Military and Veterans' Code of California and City Resolution No. 2003 -71. The employee must notify his /her supervisor of upcoming military duty as soon as he /she becomes aware of his /her obligation. An eligible employee pursuant to the Military and Veterans Code who is ordered to active military duty or training shall receive the difference in pay between his /her regular pay and his/her military pay. In addition, the employee shall have continued benefits. In such cases, the employee shall submit his /her military earning statement to the Human Resources Department to assist in calculating the employee's salary. In no event, will the employee be compensated in excess of his /her normal City salary. Employees will receive any merit and /or general salary increases for which they become eligible during military leave. 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 agrees to meet and confer. 6.2 Industrial Injury or Illness Benefits for bargaining unit members who at any time during their employment with the City have been classified as safety members may be eligible under Section 4850 of the California Labor Code and /or City policies for job - related injuries or illness. Sick leave shall not be used for industrial injury or illness. 6.3 Sick Leave (a) Sick leave benefits for Public Safety Sergeants, PSOs, and CSOs hired before August 1, 1989 and dispatchers hired before July 1, 1993 shall be as provided in the City's most current "Disability Wage Plan," a copy of which is attached hereto. Each employee covered by this Memorandum of Agreement shall be provided a copy, of the aforementioned "Disability Wage Plan." City agrees to meet and confer with RPPSOA on any suggested changes to the City's "Disability Wage Plan." (b) For Public Safety Sergeants, PSOs and CSOs hired after.August 1, 1989, and dispatchers hired after July 1, 1993 the following sick leave program will be provided: Sick Leave Accumulation Each employee shall earn and may accumulate sick leave as follows: Hours Earned Hours Earned Maximum Hours Monthly Annually of Accumulation 10 120 1,200 (c) Any employee hired before July 1, 1993, may voluntarily elect to participate in the sick leave program as provided in Section 6.3 (b) above with the following conditions: 1. That employee may convert only any unused full -time sick leave balance from the Disability Wage Plan sick leave program as provided in Section 6.3 (a) above. Employees may convert up to a maximum of 1,200 hours. Any unused half -pay benefits will be forfeited and not subject to conversion under this section. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 2. Once an employee voluntarily elects to participate in this sick leave program, he /she shall remain in same with no return privileges. 6.4 Catastrophic Leave Leave benefits shall be provided as outlined in City Council Resolution No. 2001 -270, adopted December 11, 2001 Catastrophic Leave. 6.5 Paternity Leave Regular employees may use up to three (3) days accrued sick leave for paternity leave, following the birth of a child. Specifically, employees assigned to the 24 -Hour Kelly Plan receive fifty -one (51) total hours; employees on a 10/40 schedule receive thirty (30) total hours. 6.6 Family and Medical Leave Employees may request an unpaid leave of absence under the California Family Rights Act (CFRA) and /or the Federal Family Medical Leave Act (FMLA). Employee request for leave shall comply with the requirements of the CFRA and /or the FMLA. 6.7 Light or Limited Duty Employees injured or ill from either on- the -job (industrial) or off - the -job (non - industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. Such assignments shall be temporary. They may involve duties that differ slightly from the normal work duties of the employee but shall be duties substantially within the scope of those normally performed by other employees with the same job classification. Such light or limited duty assignment shall not affect the employee's job classification or retirement status (i.e. Safety vs. Non - Safety Retirement). Such light, limited, or modified duty shall terminate when the employee is physically able to perform all his /her normal work duties. 6.8 Americans with Disabilities Act The City and RPPSOA recognize that the City has an obligation under law to comply with the Americans with Disabilities Act (ADA). 6.9 Payment to Beneficiary Upon death of an employee, any unused vacation and compensatory time shall be paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or beneficiary, any unused vacation and compensatory time shall be paid to the primary beneficiary specified by the employee on the employee's enrollment/beneficiary card for City - provided Life Insurance. 6.10 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, excluding the Health Savings Account plans. (b) As a result of any Federal or State law enacted subsequent to the effective date of this Memorandum of Agreement, the City and RPPSOA agree to meet and confer in an effort to maintain the level of benefits as provided for in this Memorandum of Agreement. (c) Alternate Benefit - Eligible employees may receive an alternate benefit of $350.00 per month when having health insurance from a source other than the City. This benefit shall be provided as outlined in City Council Resolution No. 2007 -178, adopted October 23, 2007. Public Safety Officer Trainees shall be excluded from receiving an Alternate Benefit. City and RPPSOA agree to meet and confer regarding a revised Alternate Benefit program. MOA- Rohnert Park Public Safety Officers' Association . July 1, 2009 through June 30, 2011 12 6.11 Dental Coverage The City shall provide, at no premium cost to employees, dental service coverage for employees, spouses, domestic partners, and dependents. The plan offered by the City shall be the Delta Dental Preferred Option Plan, which for the most part, but with some exceptions, provides the following coverage: (a) One hundred percent (100 %) of the cost of diagnostic and preventative care. (b) Eighty -five percent (85 %) of the cost of basic dental services. (c) Eighty -five percent (85 %) of the cost of crowns and restorations. (d) Fifty percent (50 %) of the cost of prosthodontics. (e) Two thousand dollar ($2,000) maximum benefit for dental services per person per year. (f) Fifty percent (50 %) of the cost of orthodontics with a three thousand five hundred dollar ($3,500} lifetime maximum benefit per person. 6.12 Vision Coverage The City will provide, at no premium cost to employees, a 12/12/12 Vision Service Plan with supplemental coverages for the employee, employee's spouse, domestic partner, and dependents as generally follows: (a) A vision exam every twelve (12) months. (b) Prescription glasses consisting of lenses and frames every twelve (12) months. Lenses include single vision, lined bifocal, lined trifocal, tints and photo chromic lenses. Frames of the employee's choice will be provided up to a maximum of one hundred and twenty dollars ($120). Employee will receive a twenty percent (20 %) discount of any out -of- pocket costs incurred for frames. (c) In lieu of glasses, contacts with an allowance of one hundred and five dollars ($105). The allowance applies to the cost of contact lenses and the fitting and evaluation exam. The exam is in addition to the vision exam. (d) A second pair of prescription glasses or contact lenses every twelve (12) months subject to a twenty dollar ($20) copay. (e) Contact lenses, in addition to glasses, every twelve (12) months subject to a fifty- dollar ($50) copay. One day disposable contacts are covered up to a four hundred dollar ($400) maximum allowance. (f) Primary Eye Care with urgent or non - surgical eye care benefits subject to a five - dollar ($5) copay per office visit. Examples of primary eye care include, but are not limited to, exams to diagnose pain in the eye, exams to monitor the progress of pre- surgical cataracts, diagnosis and tests for loss of vision, and treatment and management of glaucoma. (g) Laser surgery discount (PRK, Lasik/Custom Lasik). 6.13 Adoption Benefit The City will provide a six hundred dollar ($600) per child cash benefit to employees adopting minor children to help offset the cost of adoptions. This cash benefit does not include the cost of adopting stepchildren, i.e. children of present spouse. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 6.14 Death /Bereavement Leave (a) A regular employee shall be paid up to thirty (30) hours of bereavement leave when there is a death in their immediate family. (b) Additionally, a regular employee may, subject to approval of the department head, use twenty (20) hours of the employee's accrued sick leave if the employee must travel out of the area, i.e. at least 250 miles one way. (c) Immediate family in this case means spouse, father, father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparents -in -law, grandchildren and relationships in loco- parentis and close personal relationships with the approval of the City Manager and or his /her designee. (d) It is mutually agreed by the City and RPPSOA that the City's most current "Disability Wage Plan" a copy of which is attached hereto, shall reflect death and bereavement leave as outlined in this Memorandum of Agreement. 6.15 Funeral Expense Benefit The City will provide fifty percent (50 %) co- payment, not to exceed $2,000, for funeral expenses for an employee or the employee's spouse. This funeral benefit will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. 6.16 Long -Term Disability Insurance (a) Employees represented by this Agreement will obtain his /her long -term disability insurance coverage from a private PORAC sponsored long -term disability program. (b) The City agrees to collect monthly insurance premiums from employees for private PORAC sponsored long -term disability plan and remit the collected premium to Myers- Stevens & Company. The City will accomplish collection of insurance premiums by monthly deductions from the employee's paycheck. All employees represented by this Agreement must have a signed insurance premium deduction authorization form on file with the City's payroll office. RPPSOA will hold the City harmless from any liability or errors resulting from the collection and remittance of insurance premiums. (c) Employees represented by this Agreement shall join and maintain his /her long -term disability insurance with the private PORAC sponsored long -term disability program, subject to the provisions of the insurance plan. (d) RPPSOA agrees to indemnify the City, its officers, employees and agents and hold it harmless against any and all suits, claims demands and liability that shall arise directly or indirectly out of any action that shall be taken by the City, its officers, employees and agents from the discontinuance of the long -term disability plan provided by Standard Insurance, for permitting employees represented by this Agreement to establish a private long -term disability insurance plan and pay for it individually through payroll deduction and for complying with the foregoing sections. 6.17 Disability Wage Plan The City agrees to work on updating the Disability Wage Plan utilizing an employee committee, which includes representative(s) from the RPPSOA. It is the City's intention to have a final draft of the Disability Wage Plan completed no later than December 31, 2010. 6.18 Life Insurance (a) The City will provide, at.no premium cost to employees, $50,000 life insurance coverage provided to employees and $1,000 for spouse, domestic partner and dependents, and which coverage includes accidental death and dismemberment benefits. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 14 (b) The City will allow, subject to the insurance carrier's approval, any employees to purchase, at their own cost, additional life insurance coverage under the City's group program. 6.19 Deferred Income The City will continue to make available to the employees a deferred income program, such as that now being administered by Nationwide Retirement Solutions and ICMA or a similar program with another institution acceptable to City. 6.20 Retired, Deceased and /or Permanently and Totally Disabled Employees The language in this section has been revised from that contained in the MCA between the City and the Association effective December 1, 2007 -June 30, 2009 for the purposes of administrative clarification, and does not represent a change in benefits provided. Retiree insurance contribution formulas will be maintained at the same level as provided at the time of retirement. (a) The City agrees to provide /offer and pay insurance premium contributions as specified: 1. To regular full -time and regular part -time City employees hired before June 30, 2007 who have at least fifteen (15) years of continuous service with the City and who retire upon reaching retirement age or thereafter and are receiving a retirement allowance from CalPERS. The City will 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. 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 who are hired before June 30, 2007 who are permanently and totally disabled from their occupation and unable to perform with reasonable continuity the material duties of their own occupation and who are retired forthwith from the City, of Rohnert Park service into CalPERS at the time of permanent or total disability. The City will make a medical insurance premium contribution toward the applicable early retirement premium or Medicare - eligible premium as specified for: (a) Employees who are hired after July1, 1993 and before June 30, 2007 and are classified as Safety Members under CalPERS; and who have at least two (2) years of continuous service with the City and who receive an industrial disability retirement. The City agrees to pay towards premium cost(s) for City provided /offered medical insurance, life insurance, dental program, and vision care benefits only, fifty percent (50 %) of applicable premium cost(s), at the time of industrial disability retirement. Coverage will extend to eligible dependents. (b) Employees who have at least ten (10) years of continuous service with the City and who retire due to a permanent and total disability. The City will 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 ". Calculation of premium will be prorated for regular, part -time employees. 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. Coverage will extend to eligible dependents. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 15 i. Total disability will be construed as having a disability rating in excess of fifty percent (50 %) as determined by Public Employees Retirement System. ii. After twenty -four (24) months if gainful employment is obtained in an occupation in which the material duties are reasonably fitted by education, training, experience and compensation to the occupation at the time of disability; the employee shall no longer be considered permanently and totally disabled from their occupation. In such circumstances, benefits shall be discontinued. iii. 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. 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. Except as provided above in section (a)2(a), 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 partner 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 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. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 16 6.21 6.22 10. Any spouse or registered domestic partner of employee who is receiving benefit coverage employed and is covered by medical, health, employer, said coverage provided by City will provided by the spouse's or registered domestic coverage shall be considered primary. a deceased employee or deceased retired as provided under this section, becomes dental or vision care benefits by his/her be considered secondary to the coverage partner's employer, and his /her employer's (b) Regular City employees hired after June 30, 2007 shall be eligible for the benefits described below in lieu of the benefits described in Sections 6.20(a) above: 1. The City will contribute $75.00 per month for active employees in paid status to a Retiree Health Savings Account (RHSA). 2. The City's contribution to an employee's RHSA shall be considered vested as to an employee terminating City employment with ten (10) or more consecutive years of City service. 3. Calculation of contribution will be prorated for regular part -time employees. Clothing Allowance That the City will provide uniforms to those employees required to wear them. The City will provide replacement issue uniforms as and when deemed necessary by the City. (a) The City will provide a Uniform Maintenance Allowance of two hundred and forty dollars ($240) per calendar year to be paid monthly. (b) The Department will provide the necessary Academy uniforms for Public Safety Officer Trainees. Education and Training (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 for which reimbursement will be requested must be previously approved ,by the Department Head and the City Manager prior to the start of said classes and approval requested on the appropriate City form. The maximum allowed amount reimbursable for tuition is one thousand dollars ($1,000) per instructional period plus books and materials, with a total reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year. (b) The City agrees to reimburse each member up to seven hundred and fifty dollars ($750.00) per fiscal year for training costs and associated expenses including such expenses as travel and lodging not covered by the Education Reimbursement Program. Once the City has appropriated an aggregate of ten - thousand dollars ($10.000.00) per each year of the MOA, no further training costs and expenses will be reimbursed by the City. On July 1St of each year, the City will make ten - thousand dollars ($10.000.00) available for reimbursement to members of the bargaining unit. The City shall reimburse members for training costs and expenses for all technical programs, courses, and training or certifications which are related to public safety, law enforcement, fire suppression, fire safety or EMS protection. All such reimbursement shall be subject to pre approval by the Director of Public Safety. (c) The City agrees to reimburse eligible members for the amount of off -duty time used to travel to voluntary training attended and reimbursed pursuant to subsection (b) above that is thirty (30) or, more miles from the Rohnert Park Department of Public Safety at 500 City Center Drive, Rohnert Park, CA. Such reimbursement of time spent will be provided in the form of "straight time" compensatory time off, to be used according to existing policy in this MOA and the City's Personnel Rules. Round trip travel time will be rounded down to the nearest half -hour. If air MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 17 travel is required, a base of 5 hours of travel time will be added to. the scheduled flight time duration. RPDPS Special Order 08 -1, a Departmental policy, outlines the eligibility criteria and compensation procedure and assigns responsibility for the calculation of time and mileage. 6.23 Longevity and Incentive Pay (P.O.S.T., Detectives, Motor Officers) (a) The City will continue to provide longevity pay to employees, based on continuous years of service (as defined in Section 6.20 (a.8) as follows: Completed Years Pay Percentage of Service Increases 5 years 2% For each completed year thereafter 1/2% The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay. The "completed years of service" will be determined on January 1 and July 1 and not on an employee's employment anniversary date. For employees hired after 10/10/95, the longevity program as outlined above does not apply. (b) For employees hired after 10/10/95, which are not eligible for longevity pay as outlined in paragraph (a) above, the following educational pay benefit shall be provided. 1. Associates of Arts Degree (AA or AS) Effective July 1, 2003, Sergeants, PSOs and CSOs shall receive 1.8% of base salary per month Stipend and Dispatchers shall receive 2.4% of base salary per month Stipend. 2. Bachelor of Arts or Science Degree (BA or BS) Effective July 1, 2003, Sergeants, PSOs and CSOs shall receive 2.8% of base salary per month Stipend and Dispatchers shall receive 3.6% of base salary per month Stipend. The Stipend payments provided above are not cumulative. A Stipend is paid for only one of the two degrees per employee. In no event shall an employee be paid for more than one degree. The Stipend payments are authorized only for Associate of Arts (AA) or Associate of Science (AS) degrees and Bachelor of Science (BS) or Bachelor of Arts (BA) degrees from an accredited college or university. A copy of the degree must be provided for validation. and approval of payment. (d) The City will provide a P.O.S.T. Certification Stipend to Sergeants and Public Safety Officers based upon receipt of Intermediate or Advanced P.O.S.T. Certification. The amount of the Intermediate P.O.S.T. Certification Stipend will be four and one half (4 %) percent of base salary per month effective January 1, 2007. The amount of the Advanced P.O.S.T. Certification Stipend. will be seven (7) percent of base salary per month effective January 1, 2007. The Stipend payments provided above are not cumulative. Only one of the two P.O.S.T. Certification Stipends is paid per employee. (e) The City will provide an Incentive Stipend to Sergeants and PSOs assigned to the Detective Division (including, but not limited to the Gang Task Force, Special Enforcement Unit, Computer Crimes Task Force and Narcotics Task Force) of five (5) percent of base salary per month. (f) The City will provide an Incentive Stipend to Public Safety Officers assigned to motorcycle duty of three (3) percent of base salary per month effective July 1, 2004. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 18 (g) The City will provide an Incentive Stipend to Public Safety Officers assigned as the Police Canine Handler of three (3) percent of base salary per month. (h) Sergeants who possess the P.O.S.T. Supervisory Certificate shall be eligible for two (2) percent of base salary supervisory pay. (i) Community Service Officers who have successfully completed either /or both the P.O.S.T. Field Evidence Technician and Field Evidence Technician - Advanced courses' shall be eligible for two and one -half (2.5) percent of base salary differential pay. 6.24 Retirement Program (a) Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) three percent (3 %) at fifty (50) retirement program to local safety members and the CaIPERS two and seven tenths percent (2.7 %) at fifty five (55) retirement program to Public Safety Officer Trainees, Community Services Officers, and Dispatchers. Effective July 1, 2011, as agreed to by all miscellaneous employees of the City, the City will provide the California Public Employees' Retirement System (CaIPERS) two percent (2.0 %) at fifty -five (55) program to Public Safety Officer Trainees, Community Services Officers, and Dispatchers hired on or after July 1, 2011. (b) The City will continue to provide the "one -year highest compensation" optional provision in its contract with CaIPERS per CaIPERS Section 20024.2. (c) The City will absorb any employer contribution rate increases for safety members required by CaIPERS. Miscellaneous members will contribute one percent (1%) of their salary and compensation subject to CaIPERS, as part of the employer's CaIPERS contribution. The City will pay the employee's nine percent (9 %) contribution to CaIPERS for local safety members and will allow said payment to be credited to the employee's account. The City will pay the employee's eight percent (8 %) contribution to CaIPERS for Public Safety Officer Trainees, Community Services Officers and Dispatchers and will allow said payment to be credited to the employee's account. (d) The City shall report the employee's contribution, a percentage of the EPMC to CaIPERS as additional compensation for all local safety members of the RPPSOA. The City shall report the employee's contribution, a percentage of the EPMC to CaIPERS as additional compensation for Public Safety Officer Trainees, Community Services Officers, and Dispatchers. The City will report the value of the EPMC in accordance with all applicable provisions of the Government Code, law and requirements of the CaIPERS. The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies both presently or in the future. The City's obligation under this section is limited to the direct cost of providing the benefit as described. The City shall assume no further or additional financial obligation even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. (e) The City will modify the CaIPERS Annual Cost -of- Living Allowance Increase (Section 21335) to .provide for a 2.0% annual maximum cost -of- living increase for employees hired after December 31, 2007. Employees hired prior to December 31, 2007 shall be eligible upon retirement for the 5.0% annual maximum cost -of- living allowance increase as defined in Section 21335. 6.25 Dependent Care Assistance Program City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for childcare as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 6.26 Health Care Tax -Free Dollar Account Program City will continue to provide the Health Care Tax -Free Dollar Account Program as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed medical expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 6.27 Off -Duty Employment Members of the Unit will continue to be eligible for employment by third parties during off -duty hours. The Association and the City will negotiate a side - letter agreement on off -duty employment which will consist of various provisions, including, but not limited to, the Director of public Safety retaining discretion and authority to approve of third -party employment and a mandatory release /hold. harmless /indemnification agreement to be executed by the outside employer in favor of the City. The parties will negotiate the additional terms of the side - letter agreement no later than November 1, 2010. 6.28 Reinstatement/Specialty Position If an employee is removed from a specialty assignment or position due to the elimination of the position by the City and /or the Department, the employee shall be given the option to return to the position should the position be reinstated within 18 months and if the employee has maintained any certifications required for the position. If the employee declines to resume his /her duties in the specialty assignment or position, the Department will follow existing protocols for filling the position. 7. Agency Shop and Payroll Deductions 7.1 Agency Shop (a) The RPPSOA may, at its sole discretion, choose to adopt an Agency Shop pursuant to Government Code Section 3502.5. If adopted, the City will recognize the Agency shop as applying to all regular full -time and regular part -time employees represented by the Bargaining Unit. (b) If the RPPSOA adopts agency shop in Section 7.1 (a) above, then the following apply: 1. It is recognized that RPPSOA owes the same responsibilities to all employees in the representation unit, and has a duty to provide fair and equal representation to all employees in all classes in the unit whether or not they are members of RPPSOA. 2. All employees in the representation unit, excluding supervisory or confidential employees who have chosen not to join the RPPSOA pursuant to Government Code Section 3502.5 (c), shall, as a condition of continued employment, beginning with the second full pay period after such effective date and until the termination of the Agreement, either: (i) Become a member of RPPSOA; or Execute a written declaration that the employee is a member of a bona fide religion, body, or sect which holds a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and (iii) Pay a sum equal to the agency fee described in subsection 7.3 to a non - religious, non -labor charitable fund chosen by the employee from participating agencies of the United Way of Sonoma - Mendocino -Lake. The employee shall furnish written proof to the City and RPPSOA that this contribution has been made. 3. The condition of employment specified above shall not apply during periods of separation from the representation unit by any such employee but shall reapply to such employee commencing with the third full pay period following the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leaves of absence with a MOA- Rohnert Park Public Safety Oflicers'Association . July 1, 2009 through June 30, 2011 20 duration of more than two full pay periods. The condition of employment specified above shall not apply to newly hired employees until the beginning of the third full pay period of employment. 4. All represented employee members who had Association dues deduction authorizations on file with the Auditor - Controller or the Association, or who may thereafter authorize in writing the deduction of their dues, shall remain on payroll deduction for the term of this Memorandum of Agreement or so long as they are members of the representative units. Members may terminate payroll deductions of dues at the expiration of this Memorandum of Agreement by giving written notice to RPPSOA during a one -month period between ninety (90) and sixty (60) days prior to the expiration of the term. 7.2 Deductions The RPPSOA shall be provided with monthly payroll deduction of Association dues, service fees, and premium amounts for insurance programs sponsored by the employee's organization at no cost to the employee organization. 7.3 Listing of Deductions The RPPSOA shall provide the City Manager with a listing of deductions to be made from represented employees. Said listing will remain in force until amended by RPPSOA in writing. RPPSOA will hold the City harmless for any liability or errors resulting from errors on the listing provided by RPPSOA. 7.4 Hold Harmless RPPSOA agrees to indemnify and defend the City, its officers, employees and agents and hold it harmless against any and all suits, claims, demands and liabilities that shall arise directly or indirectly out of any action that shall be or not taken or on behalf of the City, its officers, employees and agents for the purpose of complying with the foregoing sections. 7.5 Bargaining Unit Work (a) The RPPSOA and City agree that the use of an auxiliary firefighter volunteer corps, reserve peace officers, per diem and other temporary employees or volunteers is intended to supplement and not supplant members of the bargaining unit. (b) Available Sergeant overtime shifts shall be offered to members of the bargaining unit to fill on a voluntary basis. Overtime shifts not filled by members of the bargaining unit on a voluntary basis will be filled by members on a mandatory basis as assigned by the Director of Public Safety or his /her designee. (c) Nothing in this section prevents the Director of Public Safety from making any assignments that he /she deems necessary for effective response to a natural disaster or catastrophic emergency. (d) The City retains the right to retain consultants for limited duration to conduct training and /or render services that cannot be performed by members of the bargaining unit. 8. Safety Equipment 8.1 Replacement Equipment City will continue to furnish Public Safety Officers with replacement equipment as needed for the equipment that the City is required to furnish per the Government Code. Said equipment includes, but is not limited to, department- issued weapons, holster, belt and ammunition, nightstick, handcuffs, safety vests, raincoats and rain boots. Equipment furnished by City shall remain the property of City with the exception of any personal purchases made by present officers. MOA- Rohnert Park Public Safety Officers' Association . July 1, 2009 through June 30, 2011 21 8.2 Personal Equipment City shall replace, with the Director of Public Safety's approval, any personal equipment lost, destroyed or damaged beyond repair while used in the line of duty. Items shall not be replaced if worn because of normal wear and tear. 8.3 Safety Glasses, Contacts, and UV Eye Protection (Sunglasses) City will reimburse for primary prescription safety glasses or contact lenses to those employees required by City to wear them. Such employees will not be entitled to receive a first set of glasses or contact lenses under the general vision care program referred to in Section 6.12 but may utilize the general vision care program for subsequent pair(s) of glasses or contact lenses, within the terms of the program. City will reimburse for sunglasses providing UV protection, not to exceed one hundred and fifty dollars ($150) per employee per year, for use by Public Safety Sergeants, PSOs and CSOs authorized to operate Public Safety vehicles and motorcycles. 9. Salaries & Miscellaneous Pay 9.1 Salary Adjustments Salaries will not be subject to a general wage adjustment during the term of this Agreement. 9.2 Field Training Officer (FTO) Pay Employees who are qualified and regularly assigned by the Director of Public Safety, as a Field Training Officer, shall receive a five percent (5 %) of base salary monthly stipend. This stipend may be pro -rated by pay period. (a) A Field Training Officer shall be defined as a Public Safety Officer who has been fully qualified to train newly -hired Public Safety Officers. To be eligible to apply for FTO, the officer must currently be assigned to the Patrol Division or due to return to the Patrol Division from a specialty assignment within one (1) year or less; must be off probation; and have at least three (3) years full - time experience as a peace officer in the State of California. Field Training Officers will be selected through a three -phase testing process. The process will include a written test, an oral examination, and supervisory and command staff review. After a candidate has been selected, he or she will be required to successfully complete a P.O.S.T. certified FTO School before final appointment. (b) Any FTO who is assigned to a specialty position of Detective or Two -Year Fire Position will automatically relinquish his or her FTO status and pay incentive, and will be required to re -apply for the position when he or she becomes eligible. PSOs assigned to the Detective Division shall not be eligible for an FTO assignment and the pay incentive. Any FTO who is assigned to the Fire Services Division for a period of not more than one year shall retain his or her FTO status and pay incentive. (c) Completion of a three -year term as a FTO shall be deemed as successfully completing the FTO assignment. At any time after three years as a FTO, an employee, at his or her option, may elect to discontinue the FTO assignment by notifying the City in writing. If an employee exercises this option, the employee will automatically relinquish his or her FTO status and pay incentive. The exercise of this option by an employee will not be grounds for any disciplinary action by the City. (d) The City reserves the right to exercise its regular and customary management rights with regard to FTO assignments including, establishing FTO performance standards, conducting an annual performance review of the FTO and taking disciplinary actions subject to the requirements of applicable laws. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 9.3 Fire Specialty Assignment and Engineer Pay (a) Sergeants and PSOs assigned to a specialty assignment in the Fire Services Division of at least two (2) years shall receive a stipend of an additional two percent (2 %) of base salary per month pay. (b) Employees who are qualified as Fire Engineers for the Department of Public Safety shall receive an additional two and one half percent (2.5 %) of base salary per month pay. 1. Fire Engineer shall be defined as any employee who has been fully qualified both mentally and physically capable to operate one or more pieces of City -owned firefighting pumping apparatus. 2. Each qualified Fire Engineer must receive at least ten (10) hours of refresher training provided by the Department of Public Safety each year. Any Public Safety Officer not completing the annual training will lose the Fire Engineer Pay increment until such time as the training is completed. 3. The required hands -on field- testing for Fire Engineer shall be done at random by lottery, and at any time. 4. Community Services Officers and Dispatchers are not eligible for Fire Engineer Pay 9.4 PSO Captain Pay Employees who are qualified and assigned as PSO Captain shall receive an additional three percent (3 %) of base salary per month pay (in addition to Fire Engineer pay). (a) Each PSO Captain must re- certify every two (2) years. Any employee not passing the entire recertification process will lose the PSO Captain Pay increment until such time as he /she is recertified. Q) The PSO Captain position is a non - supervisory position. If funding becomes available, and upon agreement by City and RPPSOA, the PSO Captain position may be considered for an additional one percent (1 %) to make it equivalent with the Fire Captain pay percentage as outlined in Section 9.4 below. 9.5 Fire Captain Pay Employees who are qualified and .assigned as Fire Captains shall receive an additional four percent (4 %) of base salary per month pay (in addition to Engineer Pay). (a) The City at its sole discretion shall determine the number of Fire Captains to be assigned. (b) Each qualified Fire Captain must receive at least ten (10) hours of refresher training provided by the Department of Public Safety each year. Any employee not completing the annual training will lose the Fire Captain Pay increment until such time as the training is completed. 9.6 EMT Pay Employees who are qualified as Emergency Medical Technicians and employed in the performance of duties of Public Safety Officer shall receive an additional two percent (2 %) of base salary per month pay. (a) The City, at its sole discretion, shall determine the number of qualified EMT's to be assigned and receiving the EMT pay increment. (b) Each qualified must re- certify every two (2) years. If the EMT status is not re- certified, the EMT pay increment will be removed. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 23 9.7 Payday City shall distribute Paychecks to employees by noon on payday. 9.8 Shift Differential (a) Effective July 1, 2004, Dispatchers shall receive a five percent (5 %) of base salary per hour shift differential for all hours worked between four (4) p.m. to seven (7) a.m. (b) Public Safety Officers, Community Services Officers and Sergeants shall receive a five percent (5 %) of base salary per hour shift differential for all hours worked between seven (7) p.m. to seven (7) a.m. This stipend shall not apply to employees while "performing work in the Fire Division. 9.9 Non -Sworn Training Officer Pay (a) Dispatchers, who are qualified and regularly assigned by the Director of Public Safety in the training of new Public Safety Dispatchers during their probationary period, shall receive a monthly stipend of five percent (5 %) of his /her regular base salary. This stipend may be pro -rated by pay period. (b) Community Service Officers (CSO), who are qualified and regularly assigned by the Director of Public Safety in the training of new CSO's during their probationary period, shall receive a monthly stipend of five percent (5 %) of his /her regular base salary. This stipend may be pro -rated by pay period and shall be retroactive to the first day of CSO Training. 9.10 Bilingual Pay Dispatchers, Public Safety Officers, Community Services Officers and Sergeants verbally fluent in the Spanish language are eligible for two and one -half percent (2.5 %) of base salary Bilingual Pay. The City shall establish an evaluation process for designating and certifying employee eligibility for bilingual pay such that officers have the skills to converse in Spanish well enough to complete a basic investigation. Testing for employees eligible for bilingual pay will be scheduled by the Director of Public Safety and shall follow the model for basic bilingual skills testing used by the Santa Rosa police department, attached as Appendix B. A designated employee may be retested at any time at the request of the Director of Public Safety. 9.11 Master Officer Program (a) The City shall establish a Master Officer program for Public Safety Officers with the following eligibility criteria: 1. Minimum of ten (10) years of full -time peace officer or firefighter experience, of which a minimum of five (5) years shall be service with the City of Rohnert Park, and 2. Possession of a P.O.S.T. Intermediate Certificate or higher, and 3. Any one of: i. Associate of Arts degree or higher from an accredited college, or ii. Actively seeking a Bachelors degree from an accredited college, with a minimum of two years completed ( "actively seeking" means the successful completion of courses towards a Bachelors degree in two of the three most recent semesters or quarters, with a total of at least six (6) semester units completed during that period), or iii. Currently assigned one or more of the Special Assignments listed below, or have held two or more of the Special Assignments within the past five (5) years. Special Assignments to be considered for this program are: Acting Shift Supervisor; Field Training Officer; Fire Engineer; Detective; Special Enforcement Unit; Gang Officer; Police Canine Handler; School Resources Officer; Firearms Instructor; Defensive Tactics Instructor; Driving Instructor; Motors; Traffic; MATT; Field ID Technician; OES Coordination Team, or other assignments deemed qualifying by the Director of Public Safety. MOA- Rohnert Park Public Safety Officers' Association + July 1, 2009 through June 30, 2011 (b) Public Safety Officers that qualify as a Master Officer shall receive five percent (5 %) of base salary as Master Officer Pay. 9.12 Unpaid Furloughs (a) Non -Sworn positions (currently Dispatcher, Community Services Officer,): A furlough bank of one - hundred and sixty (160) hours shall be established for each employee during the term of this Agreement, representing eighty (80) hours per each year of the Agreement. Employees' monthly salaries shall be reduced by a percentage equal to approximately eight and four - tenths (8.4) hours per month between November 1, 2009 and June 30, 2011, representing a total of one - hundred and sixty (160) hours and an approximate annualized wage reduction of 3.85 %. The furlough bank of hours ends at the end of this Agreement and may not be carried forward. 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. Hours will be reported to CaIPERS pursuant to applicable CalPERS directives and circular letters. (b) Sworn positions: For fiscal year 2009 -2010 and fiscal year 2010 — 2011, members of the bargaining unit working in the capacity of sworn officer agree to take unpaid furloughs. During each fiscal year, sworn officers shall take one hundred and twenty (120) hours of furlough. The 120 hours of unpaid furlough will be taken by each member on an individual request -based schedule. Use of unpaid furlough leave shall not result in additional overtime incurred by the City and is subject to approval by the employee's supervisor. The furlough bank of hours ends at the end of this Agreement and may not be carried forward, except under exceptional circumstances as determined by the Director of Public Safety who may authorize an extension of up to three months to allow an employee in such exceptional circumstances to use his /her furlough bank. Hours will be reported to CaIPERS pursuant to applicable CalPERS directives and circular letters. (c) Employee Parity: The Association and City have negotiated in good faith for the purposes of accommodating the City's current financial condition and have agreed to the furloughs as identified herein, with the understanding and expectation that other sworn members of the Public Safety Department shall make similar sacrifices. The non -sworn members of the Association (Dispatchers and Community Service Officers) have also agreed to furloughs with the understanding that other non -sworn employees within the City will be making similar concessions. The Association acknowledges that the concessions offered by Association members are intended to have similar impact on all employees. The Association acknowledges that, in consideration of making the determination of equity in concessionary bargaining, the City may consider recent bargaining history with the Association and other bargaining units within the City. The Association acknowledges that the equity in concessionary bargaining does not apply to the City Manager's position, which, at the time of the negotiated furlough program, is unfilled. 10. Alcohol and Drugs The City and RPPSOA agree to work together to assist any employee who has an alcohol, alcohol - related, drug, or substance abuse problem. It is mutually acknowledged that continued cooperative efforts would give employees a much better opportunity to recover from this very serious health problem. Since Public Safety employees are required to drive City vehicles and respond to emergency situations, and it is known that drinking alcoholic beverages or taking certain drugs may slow a person's reflexes and ability to think clearly, the probability of having an accident is increased after drinking alcohol or taking certain drugs. The City recognizes that this situation could place the employee as well as co- workers and the public at risk of injury. 10.1 Alcoholic Beverages or Other Drugs Alcoholic beverages, or other drugs which affect an employee's ability to drive or function safely shall not be used by employees during their assigned regular work day, nor while on assigned standby duty. MOA- Rohnert Park Public Safety Officers' Association . July 1, 2009 through June 30, 2011 25 10.2 Off -duty Hours If an employee who has been drinking alcohol or using a drug which may impair the employee's ability to drive or function safely receives a call to return to work during off -duty hours, the employee must decline the request to work. 10.3 Prescription Drugs Employees using prescription drugs, which affect the employee's ability to work safely, must inform their supervisor and may be assigned to other appropriate duties or required to take sick leave. 10.4 Special Assignments The above sections relating to alcohol use may be excepted for those employees on an approved and supervised special assignment by the Department of Public Safety. Said employee shall not drive a vehicle if employee is over the allowed blood alcohol content. 11. Physical and Psychological Fitness 11.1 Physical Fitness RPPSOA acknowledges the importance of employees maintaining proper physical and mental condition in order to perform job duties in a manner acceptable to the City. Physical Fitness is a voluntary program. RPPSOA members who voluntarily enroll and successfully "pass" the Physical Agility and Fitness Standards test shall receive twenty (20) hours of physical fitness workout compensatory time. The RPPSOA and City agree that compliance with physical fitness standards are voluntary and do not carry an intention of the City to terminate an employee solely for failure to meet physical agility and fitness standards. Fitness for duty provisions under the Government Code and applicable case law would be the determining factor on handling of employees determined to be unfit for duty. City can, at any time, at its option and cost, require a complete physical examination, a physical agility test, or a weight examination, for any or all employees to determine job fitness. This Agreement hereby incorporates Letter of Agreement on Physical Fitness, dated January 27, 1998 and modified "Exhibit C" dated December 1, 2007. 11.2 Fitness Program The City and RPPSOA agree that the "Fitness Program" used by City shall be that as outlined in the attached "Exhibit C." 11.3 Psychological Fitness RPPSOA acknowledges the importance. of employees maintaining proper mental condition in order to perform job duties in a manner acceptable to the City. City can, at any time, at its option and cost, require a psychological examination for any or all employees to determine job fitness. Fitness for duty provisions under the Government Code and applicable case law would be the determining factor on handling of employees determined to be unfit for duty. 11.4 Psychological Counseling Any employee who feels in need of counseling shall be provided same by City after clearance from the Department Head or Human Resources Department, which clearance shall be kept in strictest confidence. City at its sole discretion reserves the right to establish a maximum counseling benefit. 12. Smoking MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 12.1 Non - smoking Pay Premium RPPSOA and City recognize the nation -wide concern with use of tobacco and the relationship it has to disease. City agrees to provide a twenty -five dollar ($25) monthly pay premium to employees hired before July 1, 1993 and who refrain from the use of tobacco in any form. Any employees receiving the pay premium for not using tobacco and whom starts using tobacco shall rebate to the City all non - smoking premiums paid by City to said employee during the immediate twelve (12) months proceeding. 12.2 Employees Hired After July 1, 1993 RPPSOA acknowledges that the City, beginning July 1, 1993, hired new employees with the clearly expressed condition of employment that they refrain from smoking. Employees hired with a condition that they not smoke shall be required to remain non - smokers throughout their employment. A non - smoker shall not smoke or use any tobacco product either on or off -duty while employed. An affidavit signed on a periodic basis by employee shall be used to verify continued non - smoking status. RPPSOA acknowledges the City's right to take appropriate disciplinary action should any such employee hired after the effective date of this agreement violate the agreed upon conditions of employment. Prior to final disciplinary action being taken, City will refer the employee to the Employee Assistance Program (EAP) for consultation and referral. RPPSOA acknowledges that due to the City's commitment to hiring employees with the clearly expressed condition of employment that they refrain from smoking, that employees hired after July 1, 1993 shall not receive a $25 pay premium for not smoking. 13. Residency 13.1 All employees are encouraged to reside within the City. All employees in the bargaining unit, with the exception of sworn personnel including Public Safety Officers and Public Safety Sergeants, residing within Rohnert Park shall receive a $60 per month residency bonus. At the discretion of the City Manager, said residency bonus may be increased. 13.2 All sworn Public Safety personnel, i.e. Public Safety Officers and Public Safety Sergeants, shall receive a $150 per month "In- district" Stipend if they physically reside within the incorporated areas of Windsor, Santa Rosa, Rohnert Park, Cotati, Petaluma or Sebastopol or reside within the unincorporated areas that are within 10 driving miles per Mapquest or any one of the Rohnert Park Public Safety stations. The Director of Public Safety will determine eligibility for the "In- district" Stipend. 14. Grievance Policy and Procedure 14.1 RPPSOA and City agree to comply with the grievance procedure outlined in Resolution No. 79 -22, adopted February 13, 1979, a copy of which is attached hereto. Failure to meet any timeline 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. 14.2 The parties acknowledge the existence of "City Manager's Administrative Policy No. 1: Personnel Rules and Regulations" dated November 9, 2004, and incorporated by reference in this Agreement. The parties acknowledge that Section 8 "Disciplinary Action" provides for substantive and procedural due process for the members of the Association. For purposes of consistency of discipline, the Director of Public Safety should consult with the Human Resources Department prior to the imposition of "major discipline" as defined in Section 8. 14.3 The "Employee Grievance Procedure Resolution" (Resolution No. 79 -22), incorporated by reference in this Agreement, provides for the processing of non - disciplinary grievances. The parties agree to review the grievance procedure for purposes of achieving greater efficiencies and cost reductions as well as enhancing communication between the City, the Association and Unit members. The parties MOA- Rohnert Park Public Safety Officers' Association . July 1, 2009 through June 30, 2011 will conduct a joint labor- management study /evaluation of the current grievance procedure in an attempt to mutually agree on modifications beneficial to all parties. 15. Personalized Vehicle Program RPPSOA acknowledges and agrees that during 1981 the City initiated a "Personalized Vehicle Program" in the Department of Public Safety. At the time, the Association acknowledged that the City could at any time, at its sole discretion, determine the rules and regulations to be imposed as part of the program and /or terminate it at any time. The Association agreed then, and reaffirms agreement, that the "Personalized Vehicle Program" shall not be considered or construed as a fringe benefit at the present time or at any time in the future. The City agrees to amend General Order P -7 to modify the City limit from four (4) miles from residence to eight (8) miles from residence in all pertinent sections of the General Order. The Order shall also be modified to restrict the use of take -home vehicles for official business only, such as traveling to and from work. If the City determines that the use of take -home vehicles requires additional compensation to individuals during "commute time," (i.e. while driving to /from work and home), the Personalized Vehicle Program shall be discontinued. 16. Use of Sport Center and Lap Swimming Program Employees and their spouse, domestic partner and eligible dependents (as defined by City eligible dependent policy), will be allowed to participate with no fee imposed in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center by spouse, domestic partner and dependents of employees adversely impacts the public's access to the Sports Center facilities, the parties will re -open this Section. 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. 17. Management Rights Except as limited in this Memorandum of Agreement and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery and to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this Memorandum of Agreement; to direct its employees and establish employee performance standards and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable laws; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack'of work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. 18. Work Curtailment (No Strike Clause) Under no conditions or circumstances shall the Association or any of the employees it represents individually or collectively cause, sanction, honor or engage in any strike, sit -down, stay -in, sick out, slow -down, speed -up, work to rule or in any other type of job action, curtailment of work, restriction or production or restriction of service during the term of this agreement. 19. Personnel Rules and Regulations The City will amend its Personnel Rules and Regulations by September 1, 2004 to provide for a procedure that parallels those included in Government Code Sections 3300 through 3312, the Public Safety Officers Procedural Bill of Rights, and will apply to non -sworn members of RPPSOA. City agrees to meet and confer with RPPSOA regarding any updates or changes to its Personnel Rules and Regulations. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 28 20. Rescinding of Previous Resolutions /Agreements RPPSOA acknowledges that certain provisions of this agreement may conflict with resolutions currently in effect regarding employee working conditions or benefits. The provisions of this agreement supersede any previous resolutions or agreements that may be in conflict with provisions of this agreement as of the effective date of this agreement. 21. Term of Agreement 21.1 Effective Date This agreement is to become effective on July 1, 2009. 21.2 Termination Date This agreement will terminate on June 30, 2011 unless extended by mutual agreement of the parties. 22. Succeeding Agreement Negotiations for the period commencing July 1, 2011 shall begin on or before February 1, 2011, by which time RPPSOA shall submit its proposals to the City Manager. Said submittal shall include an estimated percentage decrease or increase in the cost of proposals compared to the provisions of this agreement. City shall, if requested, assist RPPSOA in a reasonable manner in providing information to determine the percentage decrease or increase. 23. Invalidation 23.1 Suspension of Agreement If during the term of this agreement, any item or portion thereof of this agreement is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this agreement shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this agreement shall not invalidate any remaining portion, which shall continue in full force and effect. 23.2 Replacement In the event of suspension or invalidation of any article or section of this agreement, the parties agree, that except in an emergency situation, to meet and confer within thirty (30) days after such determination for the purpose of arriving at a mutually satisfactory replacement for such article or section. 24. Non- Discrimination City acknowledges that in receiving the benefits afforded by this Memorandum of Agreement, no person shall in any way be favored or discriminated against to the extent prohibited by law. 25. Personnel Files Employees or their duly authorized representative have the right to inspect their personnel file maintained by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of the personnel file. 26. Employee Performance Evaluations Employees have the right to respond in writing to the evaluation report should they so desire. Said responses should be submitted to the reviewer no later than thirty (30) days after the evaluation interview. MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 27. Employee Association Officers The City agrees to authorize a bank of six hundred and forty (640) hours for RPPSOA members conducting necessary Association business including, but not limited to, Association - related events, bargaining, grievance hearings and disciplinary actions. The number of hours in the bank is based on an aggregate of 320 hours for each year of the contract. The intent for this Time Bank is to make time available to RPPSOA Board members or RPPSOA Members designated by the Board to conduct Association business on what would otherwise be on -duty time or to facilitate a "flex" in hours from a member's normal shift in order to attend a necessary meeting or conference. Requests for time off under this provision shall first require the approval of the RPPSOA President or his /her designee and then will be processed normally as a request for Compensatory Time Off. In the event that RPPSOA is training a new employee representative and the City /Department is conducting a disciplinary review, the new RPPSOA representative shall be allowed to sit in on the interview for training purposes, with the permission of the employee who is subject of the disciplinary interview and with prior Department approval. 28. Layoffs The City agrees to make good faith efforts throughout the term of the Memorandum of Agreement to avoid layoffs of members in the bargaining unit represented by the Association. In the event that the City considers layoff of members of the Association, in addition to any meet and confer obligations of the City, the City will notify the Association in writing and the Association will have thirty (30) calendar days to submit alternatives, adjustments and /or concessions for consideration by the City in order to avoid or minimize layoffs. This provision of the MOA shall expire June 30, 2011. 29. Labor Management Committee — Budget Structural Challenges The parties shall convene a Labor Management Committee to discuss the short -term and long -term budget structural challenges the City foresees, to include, but not be limited to, pension contributions and pension formula. The Labor- Management Committee is charged with developing potential solutions to any identified budget structural issues, and shall be composed of three (3) members of the Association, a representative of the City Manager's Office, a representative of the Finance Director's office, and a representative of the Director of Public Safety. Any findings, recommendations, or conclusions of the Committee shall not be binding on the parties without mutual agreement and approval by the City Council. The Committee shall meet a minimum of once per month and conclude its efforts no later than December 31, 2010, although the Committee may continue with mutual agreement of the parties. CITY OF ROHNERT PARK R. P. PUBLIC SAFETY OFFICERS' ASSOCIATION ( RPPSOA) John Dunn, Interim City Manager DATE Dale Utecht, President DATE Eric Robinson, Vice President DATE MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 30 ATTEST: Judy Hauff, City Clerk APPROVED AS TO FORM: Benjamin D. Winig, Assistant City Attorney By: Mayor Resolution Number: The following are incorporated in this Agreement by reference: APPENDIX A: Insurance Premium Contribution Rate Schedule 711/09. 6/30/11 APPENDIX B: Santa Rosa Police Dept. Spanish Testing Criteria RPDPS Special Order 08.1— Travel Time Compensation Standard Operating Procedures (SOP -9) Police Services Division — Acting Pay Assignments, 7/7/10 .Side Letter Agreement dated 7/20/09 RE: Retiree Health Benefits for Employees Retiring on or before 8/27/09 Side Letter Agreement dated 2/6108 RE: Shift Sign Ups Amendment No. 2 dated 2112/08 RE: CSO Property Tech 5% Stipend Resolution 2000 -41, adopted 2/22100, Reporting CalPERS Employer Paid Member Contributions as Additional Compensation for Safety Employees in the Rohnert Park Peace Officers' Association Resolution 2000.42, adopted 2122100, Reporting CalPERS Employer Paid Member Contributions as Additional Compensation for Miscellaneous Employees of the Rohnert Park Peace Officers' Association City Council Resolution No. 80 -140, adopted August 11, 1980 — Regular PIT Employees' Fringe Benefits City's most current "Disability Wage Plan" "Exhibit C - Fitness Program" Modified December 1, 2007 City Council Resolution No. 79 -22, adopted February 13,1979 — Grievance Policy and Procedure City's Personnel Rules & Regulations City Council Resolution No. 2001 -270, adopted December 11, 2001— Catastrophic Leave City Council Resolution No. 2007.178, adopted October 23, 2007 — Alternate Benefit MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 IR111 :1 C Health Plan Coverage, 12 A Alternate Benefit, 12 Catastrophic Leave, 12 Holiday Pay, 9 Adoption Benefit, 13 Holiday Pay for Detectives, 9 Agency Shop, 20 Holidays, 9 Agency Shop and Payroll Deductions, 20 Hours of Work, 5 Alcohol and Drugs, 25 Off -Duty Hours, 26 I Prescription Drugs, 26 Alcoholic Beverages or Other Drugs, 26 Industrial Injury or Illness, 11 Alternate Benefit, 12 Invalidation, 29 Americans with Disabilities Act, 12 Replacement, 29 Disability Wage Plan; 14 Suspension of Agreement, 29 B N E K Bilingual Pay, 24 Non- smoking Pay Premium, 27 Breaks and Meal Breaks, 5 Kelly Plan Schedule, 6 C L Call -Out, 7 Life Insurance, 14 Catastrophic Leave, 12 Light or Limited Duty, 12 Clothing Allowance, 17 Limit on Hours Worked in a Work Cycle, 6 Compensatory Time, 7 Longevity Pay, 18 Long -Term Disability Insurance, 14 D M Death /Bereavement Leave, 14 Deferred Income, 15 Management Rights, 28 Dental Coverage, 13 Master Officer Program, 24 Dependent Care Assistance Program, 19 Military Training, 11 Disability Wage Plan; 14 Dispatchers Shift Rotation, 5 N E Non- Discrimination, 29 Non- smoking Pay Premium, 27 Education and Training, 17 Non -Sworn Training Officer Pay, 24 Employee Association Officers, 30 Employee Performance Evaluations, 30 O EMT Pay, 23 Observed Holidays, 9 F Off -Duty Court Appearance Pay, 8 Overtime, 7 Family and Medical Leave, 12 Field Training Officer (FTO) Pay, 22 P Fire Captain Pay, 23 Fire Engineer Pay, 23 Paternity Leave, 12 Fire Specialty Assignment Pay, 23 Payday, 24 Fitness Program, 26 Payment to Beneficiary, 12 Fringe Benefit Administration, 11 Payroll Deductions, 21 Fringe Benefits for Part-time Employees, 1 1 Hold Harmless, 21 Fringe Benefits, Other Than Vacation and Holiday, 11 Listing of Deductions, 21 Funeral Expense Benefit, 14 Personalized Vehicle Program, 28 Personnel Files, 30 G Personnel Rules and Regulations, 29 Physical and Psychological Fitness, 26 Grievance Policy and Procedure, 27 Physical Fitness, 26 Police and Fire Training Drills, 5 H Psychological Counseling, 27 Psychological Examination, 26 Health Care Tax -Free Dollar Account Program, 20 Public Safety Officer Trainees', 5 MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 . 32 0 Regular Workweek for Employees, 5 Rescinding of Previous Resolutions /Agreements, 29 Residency, 27 Retirement Program, 19 5 Safety Equipment, 21 Personal Equipment, 22 Replacement Equipment, 21 Safety Glasses, Contacts, and UV Eye Protection (Sunglasses), 22 Salaries & Miscellaneous Pay, 22 Shift Change Day Light Savings Time, 6 Shift Changes, 6 Sick Leave, I 1 Sick Leave Accumulation, 11 Smoking, 27 Employees Hired After July 1, 1993, 27 Special Assignments, 26 Stand -By, 7 Succeeding Agreement, 29 Term of Agreement, 29 Effective Date, 29 Termination Date, 29 T U Use of City Facilities, 28 Use of Sport Center and Lap Swimming Program, 28 V Vacation, 10 Eligibility for New Hires, 10 Maximum Accrual, 10 Seasonal or Temporary Employees, 10 Vacation Benefits, 10 Vacation Schedule, 10 Vacation Schedule Based on Seniority, 10 Vision Coverage, 13 W Work Curtailment (No Strike Clause), 28 MOA- Rohnert Park Public Safety Officers' Association • July 1, 2009 through June 30, 2011 33 APPENDIX A: INSURANCE PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/09 THROUGH 6/30/11 EMPLOYEES HIRED PRIOR TO JULY.L 1993 w>io refire between 7/1109. and 6/30!2010. Ongoing Ongoing.. City contribution monthly City monthly City formula at time of contribution to contribution to retirement is: Lowest employee- Lowest employee+/ retiree premium: retiree premium: 80% of the lowest only premium cost at premium cost at Enroll retiree Enroll retiree cost prerm um. time of retirement time of retirement ono? I &eli 'ble others. 80% $402.80, $805.59 APPENDIX B: SRPD Spanish Testing Criteria The Santa Rosa Police Department has set standards for the "acceptable" and "high" Spanish- speaking proficiency levels for which officers are compensated. Outlined below are the expectations of each level and may be useful as a study guide for officers. A Spanish - speaker at the "acceptable" level, commonly referred to as the 3% level, should have the following abilities in Spanish. • Able to recite and know all letters of the alphabet. • Able to count in Spanish from 0 to 31 and understands the numbering in Spanish such as 40..., 50..., 60..., 70..., 80..., 90... and 100... • Knows the months of the year. • Knows the days of the week. • Knows basic colors to include dark/light. • Instructions or commands to place .a suspect under arrest in low, medium and high threat scenarios. Instructions to get occupants out of car and have them stand and sit down. • Conduct a basic traffic stop and issue a citation or warning. • Obtain a basic description of a person, vehicle or location. • Able to read the Miranda waiver and understand when someone is clearly waiving or not waiving. • Able to ask a person for consent to search them, an item they possess or control such as a bag or vehicle. • Able. to obtain full identifying information, "horsepower." • Able to conduct a basic interview of a crime victim, witness, suspect or involved party and obtain enough information to establish what type of crime occurred, time frame, where it occurred and the people involved. The officer will have to be able to obtain information to establish the elements of the crime. This is typically done by being able ask "who, what, when, where, why and how" type of questions. Examples of crimes could include assault, battery, a theft or similar police call for service. Page 1 of 2 APPENDIX B: SRPD Spanish Testing Criteria A Spanish- speaker at the "high" level, commonly referred to as the 5% level, should have all the abilities of a 31/o Spanish- speaker and the following. The "high" level does not require fluency but does require a basic level of conversational Spanish that helps in common policing services. The "high" level Spanish - speaker should have the following abilities in Spanish. • Able to explain in reasonable detail processes such as 30 day impound tows and releases, protection orders, DMV CDL suspension. process, DUI chemical testing, and giving directions (to a location). • Able to read the Miranda. waiver and answer basic questions from suspects regarding Miranda. If the suspect gives unclear responses to understanding Miranda, the Officer would realize the suspect does not completely understand the warning. The officer would be able clear up basic misunderstandings about Miranda. • Able to ask a person for consent.to search them, an item they possess or control such.as a bag or vehicle. When the person being asked, has questions as to reasons for the search, legality of the search, whether they have to submit or can simply say no, the officer can explain answers. • Conduct a DUI investigation to include the DUI interview, explanation and demonstration of FCTs, and chemical testing requirement. . • Able to conduct an intermediate level interview of a victim, witness, suspect or involved parry. The answers to "who, what, when, where, why and how" questions are more detailed and yet understood by the officer. The officer can ask follow -up or clarifying questions and challenge the person being interviewed with facts or statements from others. NOTE: Received from Lt. John Noland of Santa Rosa Police Department on 7/8/10. Page 2 of 2 fie. Director of Pu6iic safety can rescind:this S pecial Ord erat any time, foc any reason. Date ofissue: 1102108 Police Services Division SOP -9 July 7, 2010 SUBJECT: Acting Pay Assignments PURPOSE: To establish guidelines for temporarily assigning out -of -class duties at a higher level to classified employees, and for appropriately compensating personnel who are so assigned. POLICY: This policy is intended to serve the interests of effective public service and to provide for additional compensation for employees who are assigned significant out - of -class duties. This policy complies with the guidelines established in the City Manager's memo of June 29, 2010, Acting Pay Procedures. The operations of the Department of Public Safety may routinely require specific acting pay assignments, as established and defined below. Other acting pay assignments may be made on as- needed basis, and will comply with City guidelines. All acting pay assignments will be made by the Director of Public Safety or his /her designee. I. ORDER: A. Acting Supervisor/Watch Commander Pay: Public Safety Officers who have passed an eligibility testing process approved by the Director of Public Safety shall be eligible to serve as an Acting Supervisor/Watch Commander. As a specific decision - making role and authority is delegated with this assignment, this assignment may ..be made for a period of any length, up to three months. Continuous assignment for periods exceeding one pay period will be made in writing. Acting Supervisor/Watch .Commander assignments will be compensated by a 5% acting pay stipend for all hours actually worked as an Acting Supervisor/Watch Commander. An Acting Supervisor/Watch Commander assignment may be compensated by a 10% acting pay stipend to ensure against loss of income to the assigned Public Safety Officer if other assignment -based compensation is removed due to the Acting Supervisor/Watch Commander assignment. B. Acting Lieutenant Pay: Public. Safety Sergeants shall be eligible to serve as an Acting Lieutenant. The duration of such assignments may range from one pay period up to three months, and will be made in writing. An Acting Lieutenant assignment will typically be compensated by a 10% acting pay stipend for all hours actually worked as an Acting Lieutenant. This stipend may be adjusted upon assignment if necessary, to ensure against loss of income to the assigned Sergeant if other assignment -based compensation is removed due to the Acting Lieutenant assignment. The exact amount of the stipend shall be calculated to most closely match the Sergeant's existing pay structure, and shall not exceed a maximum of 15 %. A Sergeant receiving an Acting Lieutenant stipend may sign up for routine overtime offered to all Sergeants but shall not be paid the Acting Lieutenant stipend for such overtime hours worked. Acting Lieutenants will receive overtime as required by law for emergency holdovers, or for overtime work assigned by the Director of Public Safety or his/her designee. The City of Rohnert Park and Rohnert Park Public Safety Officers' Association (RPPSOA) Side Letter Agreement July 20, 2009 The City and the Association have met and conferred regarding the retiree health care benefits for employees retiring on or before August 27, 2009 pursuant to a "Golden Handshake," (Government Code Section 20903). Retiring employees are eligible for retiree mi edical benefits as defined in the Memorandum of Agreement, and may include a contribution from the City towards the cost for retiree health care as defined in Section 6.19. As the contribution level for retiree health care benefits is linked to the contribution for active employees, future City cost sharing levels -for both, employees and retirees are subject to modification. To address potential modification of contributions for employees retiring on or before August 27, 2009, the parties agree to the following: • For employees retiring on or before August 27t` pursuant to the "Golden Handshake" agreement, the City agrees to "freeze" the City's formula for retiree health benefit in effect at the time of retirement for the period of time that the retiree continues to be eligible for, and receive, retiree medical benefits. For example, if the City will be providing the retiree with a contribution towards premium costs equivalent to 80% of the lowest cost health plan at the employee's enrollment level up to employee + one dependent at the time of retirement, the City will maintain this formula for eligible medical plans, regardless of modifications that may occur to active employee contribution rates in future Memoranda of Agreement. Provision of the contribution requires that the retiree meets all other eligibility requirements for participation in the medical plan. • The provisions of this Side Letter Agreement are limited to employees retiring on or before August 27, 2009 and shall not b applicable or precedent setting for current retirees or employees who may ti after that date. For the City: Date: N101007 the Association: Date: '31& 1 Q� Side Letter between City of "Rohnert Park and Rohnert Park Public Safety Officers Association (RPPSOA) Shift Sign Ups February 6, 2008 The Parties agree to the following: Patrol shift sign -ups will occur twice a year, generally once during the month of February and once during the month of August. Sign -ups for all shifts will be done by seniority basis by time in grade except when, on a person by person basis, the Director determines a need to do otherwise. For the City: Amendment Number Two to Memorandum of Agreement between the City of Rohnert Park and the Rohnert Park Public Safety Officers' Association THIS AMENDMENT NUMBER TWO.to the Memorandum of Agreement dated February 12, 2008 between the City of Rohnert Park ( "City ") and the Rohnert Park Public Safety Officers' Association ( "RPPSOA ") ( "Second Amendment ").is entered into this 30th day of April, 2009, by and between City and RPPSOA. RECITALS WHEREAS, on February 12, 2008, the City entered into that certain Memorandum of Agreement with RPPSOA, effective December 1, 2007 through .Tune 30, 2009 ( "MOA "); WHEREAS, on 12/1/2008, City and RPPSOA entered into Amendment Number One to the MOA; WHEREAS, City has assigned its Community Service Officer(s) to the position of Property Technician, in addition to carrying out the normal responsibilities of Community Service Officer; WHEREAS, City wishes to formally recognize the additional responsibilities that come with assuming the position of Property Technician; and WHEREAS, City and RPPSOA now desire to enter into this Second Amendment to the MOA. AGREEMENT NOW, THEREFORE, IN CONSIDERATION OF THE FAITHFUL PERFORMANCE OF THE TERMS SET FORTH HEREIN, THE PARTIES HEREBY AMEND THE MOA AS FOLLOWS: 1. Section 9.25 — Community Service Officer (CSO} Pay. Section 9.25 is hereby added to the MOA to read as follows: 9.25 Community Service Officer (CSO) Pay Any Community Service Officer (CSO) who is qualified and assigned to the specialty position of Property Technician shall receive an additional five percent (5 %) of base salary per month pay. 2. MOA in Effect. Except as provided for in this Amendment Number 2, the MOA, as amended, remains in full force and effect. JI•I- S:05 -d Error! Unknown document property name. CITY OF ROHNERT PARK: By: �t Daniel S hwarz In eriln City nager Date: 3d Il Per Resolution o. 2009 -41 adopted by the City Council on April 28, 2004 ATTEST: Judy I k C' Clerk Date: .1 APPROVED AS TO FORM: By: A 9-5 r. City Attorney Date: ! ,(A 40 °f (4) 11473520 80078/0012 R.P. PUBLIC SAFETY OFFICERS' ASSOCIATION: By : ~� President Date: By:, ,Vice President Date: ` blis /o 9 By: OCR 'iir� asurer Date:— Z_1� --� By: Date: �/09 , Secretary RESOLUTION NO. 2000 -41 A 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 SAFETY EMPLOYEES IN ROHNERT PARK PEACE OFFICERS' ASSOCIATION 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 Rohnert Park Peace Officers' Association (RPPOA), which specifically provides for the inclusion of normal-member. c_ ontributions 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 9% of employees' compensation earnable as EPMC. and.-,re ort the same 9% of compensation earnAble as additional compensation. This beneff shall apply to all safety employees that are designated members the RPPOA Employee Bargaining Unit.., This -benefit shall be'effective .March 1, 2000 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 the EPMC for all safety employees that are designated members of the RPPOA Employee Bargaining Unit, as indicated above. DULY AND REGULARLY ADOPTED this 22nd day of February 2000. d-y ry n>, lunTY'M urr v w nTr N_ RESOLUTION NO. 20'00- 42 A RESOLUTION OF. THE CITY COUNCH. OF THE CITY OF ROHNERT PARK THAT IMPLEMENTS THE REPORTING OF THE CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS AS ADDITIONAL. COMPENSATION FOR MISCELLANEOUS EMPLOYEES OF THE ROHNERT PARK PEACE OFFICERS' ASSOCIATION 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 Rohnert Park Peace Officers' Association (RPPOA) 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 certain members o€ 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. earnabie as. EPMC and. report the same 7 % of compensation. earnable as additional ,compensation: This benefit shall apply to all miscellaneous employees that are designated members of the RPPOA Employee Bargaining Unit. This benefit shall, be effective March 1, 2000 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 the EPMC for• all.miscellaneous employees that are designated members of the RPPOA Employee Bargaining Unit, as indicated above. DULY AND REGULARLY this 22nd day.of February 2000, CITY OF ROHNERT PARK FLORES: AYE MACKENZIE: ABSENT REILLY: AYE SPIRO: AYE VIDAK MARTINEZ: AYE AYES: (4) NOES:'(0) ABSENT: (1.) ABSTAIN: (0) RESOLUTION NO. 80 -140 RESOLUTION OF THE COUNCIL OF.THE CITY OF ROHNERT PARK; OUTLINING POLICY FOR PROVISION OF FRINGE BENEF$T3 TO PERMANENT PART -TIME EMPLOYEES WHEREAS,. the Council finds -and determines that it is appropriate to extend certain fringe benefits to permanent part -time employees who are employed on a year round basis, and WHEREAS, the Council..differentiates between permanent part -time employees who work* year round and seasonal part -time employees who are employed for six (6) months or less, and WHEREAS, the Council recognizes the city's ob ligation as. *a responsible employer to provide the fringe benefits on a pro-rata basis to permanent part -time employees who work year round. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park' that effective immediately the City Manager be and-is hereby authorized to extend to permanent part -time employees who work year round certain fringe benefits subject to the following: 1. Enrollment in the Public Employees' Retirement System (P.E.R-.S.) 2. Vacation on a.pro -rata basis. 3. Sick leave on a pro-rata basis. 4. Holiday pay on a pro -rata basis. S. Vision care on a pro-rata basis., 6.. Residency bonus on a pro -rata basis. 7. Non- smoking premium on a pro-rata basis. 8. Salary continuation - Standard Life Insurance Company -ca a pro -rata basis. 9. Life insurance - Standard Life Insurance Company -on a pro -rata basis. 10. Health and medical coverage and life insurance - REMIF -on a pro -rata basis 11: Dental care benefits on a pro-rata basis.. 12. Pro -rata basis will be determinex by the amount of time that the employee regularly works. Pro-ration shall be done on a one -half. or three fourths basis only with permanent part -time employees having to put in at least 20 hours weekly minimum on a regular basis to get the half -time contribution towards fringe benefits and employee having to put in at least 30 hours. . weekly on a regular basis to qualify for the three- fourths city contribution towards fringe benefits. Permanent part-time employees working regularly less than one -half time, that is less than 20 hours per week, shall mot 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 re gularly 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 depelonts covered. BE IT FURTHER RESOLVED that the CR affirms 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 <llth: day to A - ust, 1980. 3`y AYES: (3) Carbone, Cavalli B Robert ROHN NOES: (0) None , ABSENT: (2 Hopkins B tewart Mayor o- Tempore ATTEST: ,=h City Cle� ,� _ ..... - _...._- .. _ RESOLUTION NO. 92- 174 A•RESOLUTION OF THE CITY COUNCIL OF.TAE CITY OF ROHN£RT PARK APPROVING UPDATED DISABILITY WAGE PLAN WHEREAS, City staff recognizes the employee benefi appropriateness of updating certain t plans in'order to provide for any changes; and WHEREAS, the City's existing "Disability Wage Plan" was.i nstituted 1, 1972 and has not been updated since that date; and . on August WHEREAS,. City staff has conducted a review of "Disability Wage City's existing Wage Plan" y pamphlet and feels it is appropriate to update same; and WHEREAS, revisions have been proposed to said "Disability Wage Plan"; and WHEREAS, said revisions.have been discussed with the employee organizations as required by the meet and confer Laws of the State and said revisions have received approval by said employee organizations; and WHEREAS, the Council has reviewed the revised "Disability Wage Plan" and finds it satisfactory- NOW. THEREFORE BE IT RESOLVED by the Council of the City of Rohnert Park that the "'Disability'Wage Plan" as revised and dated October. .27, 1992, which is attached to this resolution and by reference thereto incorporated herein, is hereby approved. DULY AND REGULARLY ADOPTED this 27ch day of October. 1992_ CITY OF ROHNERT PARK AONX Rt QAg1( _ Mayor I" y� Deputy City Clerl F 3 ECK AYE HOIUNGSWOHTH1QFKiNS AYE pEEEf AYESpIflO AYE L] AYES 5 NOES U ABSENT 0 ABSTAIN 0 n; . F ' a CITY OF ROUNERT PARK Section 1 2. 3- 4_ 5. 6- 8_ 9- 40. I- 1 2- l3- L4- �IS. • 1�.b_ 17. 18- 19_ 20_ 21_ 22-- 23. -24._ 25. 26 2. k� TABLE OF CONTENTS Title DISABILITY WAGE PLAN Purpose Eligibility Length of Service Schedule Periodic Increase in Benefits Benefits Renewal — 26 Week Rule How Benefits Are Calculated Active Work / Authorized Leave Requirement Proof of Claim Notification Required Absence Reporting . Conditions Covered Conditions Not Covered Pregnancy or Maternity Leave Paternity Leave Light or Limited Duty Effect on Vacations Sick Leave Without Pay Holidays During. Disability Effect on Retirement Sick Leave Benefits Misuse Temporary Layoffs Long Term Disability Employee Death Changes in Plan Non - Discrimination Additional Information INDUSTRIAL DISABILITIES Separate Schedules Effect on Workers' Compensation Page No. 1 1 2 3 3 3 3 3 3 4 4 4 5 5 6 6 6 6 6 6 7 7 7. 7 7 7 8 8 DISABILTI'Y WAGE PLAN I _ PURPOSE One. of the greatest concerns of any of us who work at a regular jo6 is the possibility of lost income during periods when-we are.prevented from working because of illness or injury_ Recognizing this, the City for many years has continued in full or in part, the pay of regular employees during such periods_ On August 1, 1972, the standard "sick leave" plan was replaced by a Disability .Wage Plan_ Effective this Disability Wage plan was updated and is described in this pamphlet. The Disability Wage Plan is one of the most important benefits you enjoy as a regular employee, yet it costs you nothing: It is a. benefit paid for entirely by the City_ Your obligation is to notify your supervisor or theapersonnel 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 Plain 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, corrnnissions and conuTuttees; 23 Persons engaged under contract to supply expert, professional technical, or other services; 2.4 Volunteer personnel, such as volunteer auxiliary firefighters and public safety officer; 2.5 City Attorney; 2.6 Limited Service Personnel: 26.1 Temporary or seasonal employees employed by the City_. 262 Part time employees paid by the hour or day" Sick leave shall not be considered as a right, which an employee may use at his/her discretion and shall be allowed only in case of actual sickness or disability" No punitive actions shall be imposed on employees taking justifiable sick leave. 3 :.LENGTH OF SERVICE SCHEDULE If you a regular employee and are ill or disabled as a result of non - work - related* circumstances, your pay will be continued by the City in accordance with your length of service under the following schedule: (For all eligible employee except Public Safety Officer /Community Services Officer hired after August 1, 1989.) Completed Months Week's Benefits. (PLUS) Week's Benefits of. Service at Full-Pay' at Half Pay 3 0 1 6 0 2 9 0 3 Completed Years Week's Benefits (PLUS) Week's Benefits Of Service at Full Pay at Half Pay 1 1 4 2 2 7 3 .3 10 4 4 13 5 5 16 6 .6 19 7 7 '22 8. .8 25 .9 9 28. 10 10 32 it 11 31 12 12 30 '13 13. 29 14 14 28 15 15 27 16 .16 26 17 17 25 .18 18 24 19 19 23 20 20 22 21 21 21 22 22 20 23 23 19 24 . 24 18 25 25 t7 26 or more 26 16 For all Public Safety Officer /Community Services Officers hired after August 1, 1989: Hours Earned . Hours Earned Maximum Hours Monthly Annually of Accumulation 8 96 1,200 *For application of the Plan to work - related injury or illness, see page 8_ 4_ PERIODIC INCREASE IN BENEFITS 4.1 At the completion of each employee's (except Public Safety Officers /Community Services Officers hired after August 1, 1989) established anniversary "year of service ", benefits will be increased in keeping with the appropriate length of service schedule. 4.2 For Public Safety Offcer /Community - Services Officers hired after August 1, 1989, at the completion of the employee's established monthly anniversary, benefits will be increased in keeping with the appropriate length of service schedule. 5. BENEFITS RENEWAL — 26 'WEEK RULE Whenever a regular employee has worked - twenty -six (26) weeks or more since their last reported injury/illness, the maximum amoun[.ofbenefits is renewed automatically in accordance with length of service. An employee is always eligible for the rnaximum'amount of scheduled benefits, less, any amount of paid sick leave they have used. (The aforementioned benefits renewaY.26 week rule does not apply to Public Safety Officer /Community Services Officers hired after August 1, 1989.) 6. HOW BENEFITS ARE. CALCULATED An employee's disability pay will be calculated on the basis of the employee's normal earnings exclusive of overtime_ 7.. ACTIVE WORK /AUTHORIZED LEAVE REQUIREMENT Sick leave benefits shall be earned aiidaccrued to regular employees who are actively working or are taking leave due to an approved City program or benefit_ Sick leave benefits or accruals do not.appiy, to employees on absences from work for over ninety (90) consecutive days_ 8_ PROOF OF CLAIM 8.1 Employees maybe required to sipport their claim for disability by proper medical evidence_ The City reserves the right to decide when an employee is disabled and when they are able to return to work on the basis of the advice of physicians employed by, or approved by, the City. 8.2 The City may require an employee to provide a medical doctor's statement prior to permitting the employee to return to work following the use of any sick leave. 9. NOTIFICATION REQUIRED When an employee becomes ill or disabled, the employee must give notice immediately to the employee's supervisor or the Personnel Office. Normally, the employee's sick leave be rielits 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, Ietter 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. 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. I1_ CONDITIONS COVERED 11.1 An employee's non - industrial illness or injury_ Leaves of more than five (S) days for . this reason requires a doctor's certificate indicating absence from work was necessary_ At the City Manager's discretion, a doctor's certificate may be requested1orillnesses of Tess than five (5) days; 11.2 An employee's non - industrial dental, eye or other physical or medical examination or treatment by a licensed practitioner. Leave for this purpose may be limited to four (4) hours in any one working day at the discretion of the department head; 11.3 Providing .necessary care for an ill or injured member of the immediate family. Absences of more than one (1) days for this reason require a doctor's statement indicating that the employee's presence was required. Leaves for this purpose are limited to three (3) workdays; 11.4 Family Care Leave. Employees may request an unpaid leave of absence (family care leave) for a newborn or newly adopted child, or to care for a seriously ill family member_ Requests for family care leave shall comply with the requirements-of Assembly Bill 77_ For specific information regarding family care leave contact the City's Personnel Office: 11.5 Death/bereavement leave in the. immediate family_ Employees may use up to three (3) . days of their accrued sick leave (or-death/bereavement leave benefits as provided in any applicable Memorandum of Agreement) when there is a death in their immediate family_ Immediate family in this case means: spouse, father, father -in -law'. mother, mother -in -law, brother, sister, child (including step - children), stepparents, grandparents, grandchildren and relationships'in loco - parentis. 11.6 For the purpose of charging sick leave, the minimum sick leave chargeable shall be one (1) working hour. 12_ CONDITIONS NOT COVERED An employee will not be entitled to disability pay under this Plan if the injury or illness: 12.1 is intentially self- inflicted; 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 otherthan 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 sarne basis as oilier employees, who are temporarty disabled due'to a non - industrial illness or injury- For those employees who have over one (1) year of continuous service, that. employee shall be entitled to utilize either accrued full pay non- industrial sick leave or a minimum .of three. (3) weeks accrued half pay non - industrial sick Leave, whichever is greater_ Such disability leave on account of normal pregnancy or childbirth shall not exceed (9) weeks; A. probationary employee having completed less than one (1) year of service shall be entitled to utilize any accrued half pay non - industrial sick leave benefts'and other accrued leave on the same basis as other employees who'are temporarily disabled due to a non - industrial illness or injury; 13.2 While the employee is on paid leave status; service credits shall continue to accrue and the City shall continue payments toward.grbup. insurance and retirement coverage. Leave shall commence upon certification from the employee's attending physician that she is no longer capable of performing the duties of her ", 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. employ merit for a re asonable.cohective period of time not to 'exceed four (4) months (including period of paid sick leave) during the time of pregnancy and post-pregnancy period. During this period of time, the employee may utilize any accrued vacation time. Unpaid Ieave 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 full pay, or as specified, half pay non - industrial sick leave, 13 -5 Upon expiration of approved.leave, an employee shall be reinstated to her former position or to a comparable one unless reinstatement.to the former.or comparable position is not possible because of legitimate business reasons_ unrelated to the employee's pregnancy, 13.6 An employee may request an unpaid leave of absence (under Section 28. 1, City Manager's Administrative Policy No. 1, Personnel Rules & 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_ " J "15. LIGHT OR LIMITED DUTY Regular City employees who are injured or ill from either on-the-job (industrial) or off =the job (non- industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. Such assignments may be temporary or permanent. They may involve duties that differ from the normal work duties of the employee_ Such light, limited;. or modified duty shall terminate when the employee is physically or mentally able to perform all his/her normal work duties. . 16. EFFECT ON VACATIONS 16.1 If an employee is on a vacation and becomes ill or injured, the Disability Wage Plan will not- apply until the day the employee is scheduled to return to work_ 16.2 The disability benefits described herein are entirely separate from any vacation ,to which an employee's service may entitle them. Undermost circumstances, disability absence will not disqualify an employee for eligibility for a vacation. In some cases, however, prolonged periods of disability may affect an employee's vacation eligibility. 17. SICK LEAVE WITHOUT PAY 17.1 If an employee is not yet entitled to sick leave benefits as provided herein, or has exhausted His/her accumulated sick leave benefits, said employee shall be considered on leave without pay 17.2 in such case of an employee on leave without pay for a period of three (3) days or more, the City Manager's office may at his discretion and on a case -by -case basis grant the employee a_ leave without pay, upon receipt of such a request in writing from the employee. 17.3 An employee may not use accrued compensatory time to cover•sick.leave. without pay. 18. HOLIDAYS.DURING DISABILITY If a holiday occurs during a period when an employee is disabled, the holiday will not be charged against the days of disability pay for which the employee is eligible_ 19. EFFECT ON RETIREMENT Accrued sick leave shall not be used to extend a date of retirement from City service. However, any unused sick leave may be applied as service credit towards an employee's retirement account. For additional information regarding this matter contact the Personnel Office or a Public Employees Retirement System representative. 20. SICK LEAVE BENEFITS MISUSE . The City shall revoke pay, sick leave time and take appropriate disciplinary action if the employee using sick leave is not sick or has engaged in private or other public work while on sick leave. i 21. TEMPORARY LAYOFFS If an employee is receiving disability pay at the time when the employee would otherwise have been temporarily laid off, the employee's disability pay normally will be continued in accordance with the length of service schedule, as long as the employee's illness or injury prevents them from working-, Naturally, this provision only applies in the case of temporary layoffs when there is a clear-cut. - expectancy that the employee will be recalled to work within a short time_ Any layoff is subject to the American with Disabilities. Act (ADA) requirement that the layoff is for the stated purpose and not a pretext for terminating employee(s) with disabilities_ 22. LONGTERM DISABILITY This Disability Wage Plan, or any other such applicable plan, shall be considered the primary plan. and all benefits therein must be exhausted prior to eligibility for the City's Long Term Disability Plan. For additional information regarding the City's Long Term Disability Plan contact the Personnel Office. 23. EMPLOYEE DEATH Upon -the death of an employee, any unused sick leave shall not be paid to the employee's surviving spouse or legal dependents. However, any said unused sick leave may be applied as service credit for the .deceased employee's retirement account. For additional information regarding this matter contact the . Personnel Office or .a Public Employees Retirement System representative_ 24_ CHANGES IN PLAN City management hopes and expects to continue the Disability Wage Plan indefinitely, but as future. conditions cannot be foreseen, the City.reserves the right to change or discontinue this Plan at any time. Employees may be assured however that only the most serious circumstances would result in the discontinuance or curtailment of the Plan_ Nothing contained herein shall be deemed to supersede the provisions of any applicable State law, City ordinance, resolution, rule or regulation. The City retains and has the exclusive decision- making authority to manage the policies and provisions of this document so long as such exclusive authority is in conformance with any and all applicable. laws and statutes. for same. 25. NON - DISCRIMINATION In receiving the benefits afforded by this Disability Wage Plan, no person shall in any way be favored or discriminated against to the extent prohibited by law because of political or religious opinions or. affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability_ . 26_ ADDITIONAL INFORMATION Employee's seeking further information regarding the administration of this Plan are welcome to contact the City's Personnel Office. INDUSTRIAL DISABILITIES I _ SEPARATE SCHEDULES The benefits which you are provided under the Disability Wage Plan for industrial illness or injury are separate and distinct from the benefits provided for non - industrial illness or injury. You may receive . separate disability wage payments for both industrial and non- industrial illnesses or injuries— but not both types at the same time_ 2_ EFFECT ON WORKERS' COMPENSATION If you become disabled as a result of an industrial injury, Workers' Compensation will be payable to you in accordance with. the applicable laws of the State_ Sick leave benefits shall not be.used for an industrial injury or illness_ i s t Rohnert Park Department of Public Safety Summary: The Physical Fitness Program is optional . for all sworn personnel. No member can be compelled to participate. It has been established as an incentive for personnel to maintain a level of fitness so they can safely perform their assigned functions and reduce the :probability and severity of occupational injuries. The program will consist of a battery of tests focusing on endurance, strength, and flexibility. Scoring will be on a Pass/Fail basis. Personnel that are successful in completing all tests will receive twenty (20) hours of physical fitness workout compensatory time per calendar year. Testing Process Evaluators: All testing will be conducted by RPDPS Defensive Tactics Instructors, who will receive overtime if the test falls outside of normal work hours. Testing Coordinator: A sworn member of RPDPS will be made the testing coordinator. The testing coordinator will be responsible for scheduling the six month Physical Fitness Week (See below), and determining the number of evaluators needed for each test. Testing Locations: Test locations will be determined by evaluators / coordinators. The testing locations will be in the local area (RCHS; MSMS, etc.) Dates and Times: Approximately every (6). months, one week will be designated Physical Fitness Week. Sign -up sheets will: be posted before the scheduled test week. It will. give locations, dates, and times ao accommodate all shifts. Testing may also be conducted between each (6) month period if (2) or more employees schedule a test with an evaluator / coordinator: Retest: If an employee is unable to complete and pass.all tests, he or she will be eligible to re -test after at least two weeks have lapsed.. This period of time will allow the employee lime to condition themselves for the re -test. All tests must be completed and passed during the re -test. Compensatory Time: Upon successful completion of all tests, sworn personnel shall receive twenty (20) hours Physical Fitness Workout Compensatory Time.. Only one successful completion of the Physical Fitness Test will be allowed each calendar year.' The"Physical Fitness Workout Compensatory Time can accumulate to a maximum of forty (40) hours.. Test and Instructions The following four tests must be completed within one hour of the start of the first test. The tests can be taken in any order. 1. The Mile Run: (4) laps around a standard 440 yard track carrying approximately (45) pound pack (To be completed in 15 minutes or less). 1' The 450 Meter Swim: (9) laps in a standard 25 meter pool for a total of 450 meters (To be completed in 15 minutes or less). If the 450 Meter Swim is chosen by the employee, all attempts should be. made to have the test completed within one hour of the start of the first test. The evaluators have the discretion to allow a reasonable amount of time over one hour based on travel time and. logistics. 2. 100 Yard Dash: Run a pre- measured distance as quickly as possible (To be completed in 20 seconds or less). 3. Hamstring Flexibility: Measure hip range of motion. Lay supine with a neutral spine position. The examiner raises the testing leg passively, keeping the testing leg straight, until resistance is felt..: The leg not being tested is kept on the examination table with the leg straight (Minimum of 70 degree range of motion). 4. Rescue Drag: Lift and drag an approximate 175 pound simulated victim (50) feet (To be completed in 30 seconds or less). I. Safety Guidelines 1. All testing will be conducted by qualified Defensive Tactics instructors. 2. Defensive Tactics instructors will ensure a proper stretching / warm -up program is completed prior to the administration of the test. 3. A minimum of one first responder / CPR certified person will be present and available for the duration of the test.. This person will be equipped with a properly supplied medical bag. 4. Only a proper 45 pound professionally manufactured weight vest will be used for the mile run. 5. The testing will not be made into a competition where times / results are kept. All testing will be PASS / FAIL. 6. All proper safety precautions will be taken throughout the testing process. RESOLUTION NO. 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 PtiRPOSE. It is the purpose of this Resolution to insure: a. 'Employee Grievances are heard and resolved fairly and promptly b. City employees are treated fairly and that their.rights are maintained_ c. Grievances are resolved in an effective and' orderly manner to insure uninterrupted city services to the public. SECTION 2- DEFINITIONS As used in this Resolution:, the .following terms shall have the meanings indicated: a-, Appropriate 'Unit means a unit-of employee classes or positions, established for the purpose of, collective representation: . b. City means the City of Rohnert Park_ c.: Emp /ogee means any city,employee; oge rdless .of'status. d_ Grievance means a complaint or.dispute by -an employee, group of employees; or a recognized employee organization Concerning . the interpretation or application of any matter falling within the scope of this grievance procedure. e. Grievant means the party who has initiated a grievance. procedure either informally or formally_ f. Immediate Supervisor means the individual who immediately assigns, reviews, or directs the work of an employee. . g. Intermediate Supervisor means the supervisor next above the immediate supervisor as determined by the department head. h. Recognized Employee Organization means. an employee organization which has been formally acknowledged by -the city as a recognized employee organization representing employees in an appropriate unit- i.. Working Days means those days on which the city administrative offices are open for conduct of normal business. SECTION 3 SCOPE a_ This grievance procedure pertains to application, interpretation, and noncompliance. with memorandums of agreement, council resolutions, city ordinances, and: departmental and city - rules, regulations, and practices goveming 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 f. been provided such as performance appraisals,: demotions, suspensions, and dismissals" Disputes concerning exclusive city' rights with respect to mattes of general legislative or managerial. policy do not constitute grievances under this procedure. The nature of these exclusive- city rights are described in Section 3.e-'below- b. A grievance may be initiated by an employee, jointly by a group of employees, or by 'a recognized employee organization- c_ Employees who are in units represented by a recognized employee organization may choose to represent themselves ' or be represented, by the recognized employee organization at any stage of this grievance procedure. Employees who are not in a represented unit. may choose to :represent themselves or be represented by any layperson. or employee organization. Neither the grievant party nor the city may be represented by legal . counsel. d. No employee or recognized employee organization shall be interfered with, intimidated, restrained, coerced, or discriminated against for exercising .these grievance rights. e. Nothing in this grievance procedure shall be construed to restrict any legal or inherent exclusive city rights wit4 respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedure and .standards of selection for employment; direct its employees;' take disciplinary. action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government.operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization- and technology of performing its work_ ARTICLE If 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 -- aevel of management, whenever possible_ b. Informal procedures must be exhausted prior to initiation of the formal grievance procedure- SEC T-IbN 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 shalt 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 reason's therefore to the grievant within five (5) working days after. the meeting - b_ Any grievant whose grievance is not resolved to his /her satisfaction may institute a formal grievance procedure. Such formal .procedure shall conform with the steps and provisions prescribed in Articles 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`gnevance 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 recei pt. of a formal ,grievance. shat1 notify the Yecognized employee organization (if any.) which represents -the. employees of the unit from which the grievance originates concerning. the: times and places of all grievance proceedings_ The highest level of management involved shall notify..the appropriate recognized employee organiization(s) Wwr:.ifing prior ;to implementation of . any. grievance settlement which affects .ahe rights or conditions of employees they represent. SECTION 7 STEP Two — INTERMEDIATE SUPERVISOR a_ The grievant may appeal the immediate supervisor's decision by completing Section 2 of the grievance form and filing it with. the appropriate intermediate supervisor within five (5) working days_ b_ The intermediate supervisor shall within ten (.1'.0) working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, render a decision in writing on the grievance. form together with the reasons therefore, and return the form to the grievant. SECTION'8 'STEP THREE— DEPARTMENT'HEAD a. The. grievant 'may .appeal the intermediate supervisor's 'decision by completing Section .3 of. the grievance form and filing. -it with the appropriate .department head within five. (5) working. days: b_ The 'department. head shall . within ten (10) working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return the form to the grievant_ . SECTION 9 STEP FOUR — CITY MANAGER a. The grievant may appeal the - department head's decision by completing Section 4 of the 'grievance form and filing it with. the City Manager's office within five (5) working days. b_ The City Manager or his /her representative shall within . ten: (10) working days investigate the grievance, discuss the grievance with the grievant and/or the grievant's representative as requested, render a decision in writing on the grievance form together with the reasons therefore, and return .the .form to the grievant. SECTION 10' STEP FIVE = GRIEVANCE APPEALS COMMITTEE a. The grievant may appeal the City Manager's decision 'by completing Section 5 of the grievance form and filing it with the Personnel Office within ten (10) working days. b_ Upon receipt of a Step Five appeal, the Personnel Office shall notify the members of the Grievance Appeals Committee_ The Grievance Appeals Committee shall then schedule the appeal for hearing not later than ten (10) working days from the receipt of the grievance and shall forihvdith notify the . Page 5 grievant and his/her representative of the time and place at which the appeal Will be considered. - c. The Grievance Appeals Committee shall conduct a hearing, and shall hear all witness, testimony and evidence from both sides and shall render a written decision on: the grievance form together with reasons therefore and return the form to the grievant, through the Personnel Office, within ten (1 Q) working days. .A complete tape recording and /or transcript shall. be kept for all Grievance Appeals- Committee hearings. The cost of any. transcript or transcript: of any tape recording shall be paid for by the requesting party. d. A 'majority decision of the Grievance Appeals Committee shall be final and binding unless such decision binds the city to a :financial expenditure which can be authorized only by the City Council. 'In such case the City Council may review the record and affirm, reverse, modify, or refer the matter back to the Grievance Appeals Committee for further hearing_ Such action shall be taken by the City Council only on a review of the record and .a finding that the decision of the Grievance Appeals Committee was not supported by the record. ARTICLE IV — RULES OF PROCEDURE SECTION 11 COMBINING GRIEVANCES An employee shall include all current grievances in one grievance procedure_ To the degree practicable, grievances. shall not be duplicated. If several grievants wish to present grievances which are the same or substantially similar, such grievances shall be joined'in one proceeding. by mutual agreement of the. grievant or grievant's representative anal the Personnel Department. Where there is •no mutual agreement 'to join grievances, the. same or Substantially simitar grievances shall be processed . sequentially, by appropriate unit, in the order filed and time limitations will be held in abeyance pending complete processing of earlier complaints. SECTION 12 WANING 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 iri . 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 shalt be entitled to an equivalent number of hours off on an hour. for hour basis. Page 6 z b. Reasonable time off from usual duties shall be accorded to employees for the purposes of meeting with ern preparing represen #atives, preparing and investigating grievances, presenting grievances, serving as a representative of a recognized employee organization at a grievance procedure, or representing a grievant, provided that before leaving his /her usual. duties the employee shall, obtain permission from the. immediate supervisor. involved. Such permission shall not_ be unreasonably withheld_ SECTION IS 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 1 6 COMPOSITION AND SELECTION D The Grievance Appeals Committee shall consist of three members. Each committee member shalt serve for two (2) years and until selection of a successor. Committee members shall be selected as follows. a. One city employee selected by recognized employee organizations acting jointly. b. One city management member selected by the City Manager. C. One lay chairperson selected by recognized employee organizations and the City Manager acting jointly. SECTION 17 ALTERNATE MEMBERS An alternate for each of the three (3) principal. Grievance Appeals Committee members shall be selected Jo serve for the same- period as that of. their respective principals. Alternate members shall be selected in the same. manner as principals except that no alternate member shalt be from the same .city department or appropriate unit as his /her respective principal_ Alternate members shall serve in the place of .their respective principals when the principal is unavailable, when the principal abstains from serving, and when the principal is from the same city department of appropriate unit in which the grievance originates. SECTION 18 COMMITTEE PROCEDURE The Grievance Appeals Committee shall meet on call of its chairperson or of the Personnel Office. Deliberations of the committee shall be informal and shalt provide a fult and fair hearing of .the grievance and proposed solutions. The city shall provide the committee with suitable facilities and reasonable secretarial :support_ Each .party shall bear its own costs for any expenses involved in ,calling witnesses or producing desired evidence. ARTICLE V1 — MISCELLANEOUS. PROVISIONS SECTION 19 CONSTRUCTION This resolution shall be administered and construed as follows= a_ Nothing in this resolution shall be construed to deny to any person, employee, .organization, the city, or any authorized officer, body or other representative Of the city, the rights, powers and authority granted by Federal or State law. Page 7. b. This resolution shall be interpreted so as to carr yout its purposes as set forth. in Article I_ SECTION 20 SEVERABILITY If any provision' of this resolution,- or 'the application of such provision to any person or circumstance, shall be held invalid, the .remainder of this resolution or the application of such. provision to persons or circumstances other than those as to which it is held invalid; shall not be affected thereby: DULY AND REGULARLY adopted this thirteenth day of February, 1979_ CITY OF ROHNERT PARK /s/ Warren K. Hopkins Q Mayor Hopkins AYES: (5). Councilmen Beary Carbone, Roberts, E Stewart and Hopkins I NOES: (0) None ABSENT: (0) None { ATTEST: g /s/ Sandra Faus Deputy City Clerk I Re- typed.Janoary 2003 _ 3dc 1 Page 8 RESOLUTION NO. 2004 299 - • w , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING REVISED'PERSONNEL RULES AND REGULATIONS WHEREAS, the City Council initially approved Personnel Rules and Regulations on April .1.1, 1966 with the rules and regulations being presented as City Manager's Administrative Policy No. 1; and WHEREAS, the City Council approved revisions to the Personnel Rules and Regulations on Apri# 25, 1983; and WHEREAS, the City Council approved further revisions to the Personnel Rules and Regulations on November 12, 1991; and WHEREAS, the existing Personnel Rules and Regulations require updating to be in compliance with current. state and federal law, and WHEREAS, the City consulted with McDonough Holland & Allen, the law firm representing the City's legal interests, to provide recommendations on drafting revised Personnel Rules and Regulations compliant with existing state and federal laws; and WHEREAS; revisions. are proposed to the existing Personnel Rules and Regulations to _ensure, legal compliance, Provide. greater direction to City employees and regarding the City's personnel policies, and inlude policies enacted by the City Council since 1991; and WHEREAS, the .revisions have been discussed With the employee organizations as required by the meet and confer laws of the State and the revisions have received approval by the employee organizations; and 1NHERfAS, the City Council has been presented the revisions to the Person Rules and Regulations and has found them satisfactory_ nel NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park City Council that the Personnel Rules and Regulations presented as revised and dated November 9,' 2004 are hereby approved_ . DULY AND. REGULARLY ADOPTED this 9;h day of Deputy City Clerk FWRES: AYE MACKENZIE: ABSENT SPRADLIN• AYE VIDAK_MAR7T e-7-- AYE NOTWIN_ AYL AYES: (4) . NOES: (0) ABSENT. (1) ABSTAIN: (0) CITY 43f ROHNERT PARK Persnnnei Rules and Regulations CITY MANAGER'S ADMINISTRATIVE POLICY N 0.1- PERSONNEL RULES AND REGULATIONS .TY OF ROHMERT PARK 'rsonnel Rules and Regulations NOVEMBER 9, 2004 Page i of 39 ;ITY OF ROHNERT PARK 'ersonnel Rules and Regulations TABLE OF CONTENTS >ECTI.ON ?_- INTRODUCTION ........ - --------------------------------------------------- - - PAGES 3 - 5 SECTION 2 - PAY PLANS AND COMPENSATION--------.--_•--.-.•-------------------------- :_----- _.: -_ -_ -- -PAGES 5 -8 SECTION 3 - BENEFITS - - --------------------= -- •--- ----- ---- -----= -- ------ = - - ------- ---- ES 8 - = -- -- --- --- - PA G 20 SECTION 4- IN -HOUSE RECRUITMENT - ---- --------- -- - ---- --- - - - - -, - :PAGES 20- 21 SECTION 5 - RECRUITMENT PROCESS ______ ___ _________ ______ �. __ PAGES 21 - 27 SECTION 6 - SEPARATION AND-REINSTATEMENT -------- ............. ---- ::PAGES 27 - 29 SECTION 7 - INCOMPATIBLE ACTIVITY /CONFLICTS "OF [NTERES7 --- �.-- _.__ :_________ ________ _PAGES 29 - 30 SECTION 8 - DISCIPLINARY ACTION -------------- -----_---------------------- - --- - --------- -_-- ._-- -- ,.•__------------ PAGES 30 - 36 GLOSSARY - DEFINITION OF TERMS ---------- - ---------- -------------- ---------- ---------- --------------------------- PAGES 36 - 39 . RESOLUTIONS EFFECTING PERSONNEL POLICIES RESO 79 -22 RESO 92 =78 RESO 92 -79 RESO 93-38 RESO 99-01 RESO 91 -192 RESO 87 -117 RESO 00 -10 RESO 03-71 RESO 03435 CITY OF ROHNERT PARK Personnel Rules and Regulations - EMPLOYEE GRIEVANCE PROCEDURE EQUAL OPPORTUNITY EMPLOYER . POLICY AGAINST DISCRIMINATION BASED ON DISABILITY - ADA - AGAINST HARASSMENT - ELECTRONIC MEDIA USE - ANTI -DRUG POLICY - DEPENDENT CARE ASSISTANCE PROGRAM - EMPLOYEE COMPUTER PURCHASE PROGRAM .(PERMANENT AS OF 2004) PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING - OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 Page 2 of. 39 CITY OF ROHNERT PARK Personnel Rules and Regulations SECTION 1 - WRO60' ' "" N A_ Purpose - The City Manager, as Personnel Officer for ,the City or. hislher designee, is charged with the - responsibility of the City's personnel practices. En order to establish an equitable and uniform procedure for dealing with personnel matters and to attract to municipal service the best and most competent persoi►s available,' Ib assure that appointment and promotions of persons will be based on merit and fitness and to provide a reasonable degree of security for qualified employees,- the following rules and regulations are established. K. Coverage - These rules and regulations apply to all offices, all regular tilt lime employees, regular part- time employees, and all positions and employments in the service of the City, except; 1 _ Elective officers in the performance of their etec,tiv commissions and committees. e duties: and Members of appointed boards, 2_ Persons engaged under contract to supply expert, professional, tecbnical of- other services_ 3. Volunteer personnel, such as volunteer auxiliary firefighters :and public safety reserve officers_ 4- City Manager and City Attorney. 5. Probationary employees, except as expressly provides# herein_ . 6. Limited Service. Personnel (i.e_ temporary or seasonal employees employed by the City not more than six (6) months during the fiscal year for special purposes)_ 7. Part -time employees paid by the hour or day who do no employees_ t meet.the defin -d- of regular, part-time General Provisions - 1. The Gity expressly prohibits discrimination in employment`on the bast of race, religious creed, color•, national or ethnic origin, ancestry, mental or physical disabitjty, medical condition, sexual preference, political opinion, politis�l aff-asiation or on tfie.basis that anditi6 , rri rsaage ftus, sex, or over, or any other basis protected by federal, state or local Taw_ .2-. An employees work performance will. be evaluated by theft irririiediate s designee at least once a year on a form prescribed.by Ehe Personnet Officer S�per<,iso s uyt d�cuss their evaluations in fun with each employee, outline goats and expectations, -and point out where the employee has done an outstanding job and suggest ways in which }ob.performanee can be enhanced. 3- AU regutavappoiniments include a probalio na months for miscellaneous employees, not essrthanstwent�iour...(24 of not less than twelve ('12) employees; not less than eighteen (18) months.for clispateh.emptoye(es, ?and not. less than eighteen nageinent (18) months for Public Safely sworn employees_ 'a_ Promotional appointments include a probation supervisory employees and twelve (12) . months- of Sr , whan Six (6) months for non - classifications)_ Includes management :4- Employees must be physically and mentally able to Rerforin the essential functions of the job, with or without. reasonable accommodation. t ""OF ROHNERT PARK rsonnel'Rules and Regulations Page 3 of 39 �ITY OF ROHidERT PARK 'ersonnet Rules and Regulations 5. The .City reserves the right to ame.nd`these rules and agrees to meet and confer with representatives of recognized.employee organizations. on those changes that are within the scope of representation. 6. Nothing herein prevents or restricts the City's righi io contract for performance of expert, professional, technicator any other services_ 7. Nothing her in- preyents..or -restricts. a. Supervisor from issuing departmental rules, policies of regulations needed for. the efficient operation of a City department_ 8. The definitions applicable throughout these rules are set forth in the attached Glossary and are hereby incorporated by reference_ D. Bargaining Units - If -any outline of conditions of employment or memorandum of agreement between a recognized `employee organization and the City conflicts with the provisions of these rules, then the provisions oUthe memorandum of agreement will prevail_ E_ Personnel Records - fn the case of personnel records, the term "personnel records" means any fife maintained under the individual's. name by his or her .employing agency containing records .relating to personal data, including marital. status, family members, educational and. employment history, or similar information, medical history, election -of employee benefits, and employment advancement, appraisal, or discipline_ 1. The City maintains personnel files for at 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 " employee r4dst promptly notify the Human Resources Department of any changes in. relevant personal. information;. including but not limited to- mailing. address- telephone number; riam6(s)•. of dependent(s) and" persons to contact in an emergency, along with contact information_ b. Personnel files are deemed confidential. unless the employee consents to a disclosure in writing or the City is .required 'to disclose: such, material by law_, t City personnel have access to conftdenti l personnel fifes only.ort a. "need, to know" basis for legitimate business reasons_ 2.. The City maintains" a conf�entiat fife "or all employees which contains alt medical infoimation about an employee or applicant_ Information'in this confidential *file is obtained and. maintained in accordance, with state and federal taw (e-g- the California Confidentiality of Medical Information Act and the federal 1-Iealtir .Insuianc6 `Portabitrty. arid. Accountability 'Act ( "HiPAA "} City personnel have access to confidentrat medical #`des only on a*. nepd:to_know ".basis for legitimate business reasons_ 3_ All inquiries from '. outside agencies, firms, or individuals cohceming personnel will be referred to the Human Resources Department for handling and response_ This includes, but is not limited to, inquiries coricerniri9 employee perfphpance".:or evaluation in connection with new employment opportunities 'aridemptoyriterit verification checks for financing purposes- This procedure applies to both former and present employees_ a. "Absent a written: release from the employee, -the Human Resources Department 'provides only dates of-hire' and terrriiriation, .position title, and pay range. b_ information disseminated to inquiring parties will be extracted from the personnel tiles in the Human. Resources: Department_ The. City's written response to inquiries will be made a part of the e.heployee's personnet file and will. be available for his/her scrutiny. CITY OF RONNERT PARK Page .4 of 39 Personnel Rules and Regulations CITY OF ROHNERT PARK I?ersonnel,Rules and Regulations 4. Any employee who wishes to review his or her- personnel records sh..outd .contact the 'Human Resources Department and set up: an appoir►tment at a. mutually agreed upon time_ - The review must be done.in the presence of the Human Resources Assistant. or his /her designee at the location where the file is stored and at no loss of compensation to the employee: Ari employee may Tequesf 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 . in records set forth in Labor-Code section 410.5(d)-as it may, from Time to time, be amended: impact records - relating to the investigation of a criminal offense or letters of reference. b. An employee is not entitled to inspect complaints, or investigation of complaints, concer event or transaction in which the ' employee was ning an involved or partici disclosure of such information would constitu pated to the extent that the te an unwarranted invasion of personal privacy. 5. Employees have the right to respond in writing to any evaluation report placed in their personnel tile_ Such responses must be submitted within thirty. (30) calendar days of the laced evaluation interview and will .be included in the personnel file records_ t3esiructron of Records - The employee .personnef "records are considered a- permanent record and all Personnel fife documents are retained by the City for the duration of the emp and for any subsequent period required by law. loyee's period of employment a. The records of former employees are.retained 'in accordance with the schedule established in. Resolution 90 -161. b. Shredding destroys personnel records that have reached._ the time firnit established in Resole #ion. 90 -161. SECTION 2 = P" PLANS AND COMPENSATION .Classification Plan - 1 _ Creation of classifications: The City Council, upon recommendation by the Personnel Officer, shaft create a classification plan for City employees_ Each position shalt tie all to a class identified by Class title_ Positions shall have. the same class. title when'they conform. to the same specifiagtion or when the positions' descriptions are sufficiently similar as to quattticafions; edticationat requirements, responsibilities, level ofsupervision, and other characteristics_ 2_ Spec ifiaatiOn of classes_. A.class may, include more than :one. specification, which. includes: a concise; .descriptive title, a. biiei ifefrruront a d, esEca ri cphtio.cn of the ll hav fiat job duties :and responsibilities, a statement of special. requirements; .and a statement of desirable qualifications. 3 : Reclassification_ . The Personnel Officer is Positions. and rec0 mending to the City Councillcreation: of duti es- and, responsibilities of existing classes_ The Personnel Officer shalt review classifications andke tons rt n the following situations: a. Upon the recommendation of the Supervisor or upon the request of an employee, the Personnel ..Officer has. the right to reallocate a position Fo a different class whenever its duties change Materially, provided the reclassification .can be accomplished . within - budget. Iimitatioris,. The Persorinet Officer has the discretion to determinee when the duiies.haye materially changed which FY OF ROHNERT PARK. rsonnel Rules and Regulations Page 5 of 39 CITY OF ROHNERT PARK Personnel Rules and Regulations warrant a reclassification_ To process reclassifications in a timely manner., the following process will be followed_ i_ Supervisor or employee submits -a request of reclassification to the Human Resources Department_ ii: Within .fifteen (15) working days, the Human . Resources Department makes an initial determination whether Ahe employee's ongoing job duties and responsibilities . warrant a position reclassification_ Once completed, the Human Resources Department forwards its recommendations to the Personnel Officer- iii- Within fifteen (15) working days the Personnel Officer affirms or modifies the Human Resource'Department's recommendations: As a general guideline, the Personnel Officer will provide the following conclusions to the employee and his or her supervisor: re- assign work duties so the employee is no longer working outside.of classification, appoint employee to .existing classification with grea ter responsibility, or create. a. new classification that more accurately. reflects the employee's ongoing job duties and responsibilities. b: When the - duties of a position so change that no appropriate class for it exists, the Personnel Officer must prepare an appropriate class specification for it and submit it to the City Council for approval. . c_ Redaassification of a positron may not. be used to circumvent the rules and regulations concerning demotion; promotion or compensation - B_ •:Salaiv Ranges Plans and Compensation - 1. Meet and confer_ The fifty will meet and confer. regarding changes to salary rates or salary ranges -af€ecting existing employees represented by a recognized employee organization. After meeting and conferring;, the Personnel Officer will prepare the pay plan; which establishes a flat rate or salary range for each class. 2_ Changes to salary, ranges. When the City Council changes a salary range fora class, all employees' salaries in the class will be adjusted to the corresponding step in. the new range- . 3_ .Transfer to another class_ An employee whose position is moved from one class. to another class that has the same• salary range does not 'receive a: change. in salary. When an employee ,is moved from one class to a class with 'a higher maximum salary, the - employee's salary in the higher class will be the minimum salary for that class, unless 'that min"rmum is tower than, or the' same as, the employee's: salary at the time of the move. In that event, the employee will receive the next higher step. within the pay-sange of_the higher class. Employees receiving a promotion will receive at Least a 5% increase in- salary unless limited by the- salary range maximum_ The new review date for promoted errrpiayees is the date of promotion or in six (6y months if the employee in placed at Step A_ 4. Demotions. When an.empfoyee 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 dernoted.'In this event; the employee's anniversary date will be the same as the effective date of demotion forpu"ses of conducting performance reviews and making corresponding salary adjustmenis_ The employee's original hire date will continue to determine his or her eligibility for other types of benefits and leave accruals'. 5. Reclassifications_ An employee whoseposition is reclassified. from one class to a class with a lower maximum salary retains-hislher original anniversary date_ A reclassified employee retains the salary of the. higher class 'if the. employee's salary at the time of reclassification does not exceed the maAmurn 'salary for positions of the lower class_ If that. salary does exceed that maximum, the CiTY OF ROHNERT PARK Page 6 of 39 Personnel Rules and Regulations CITY-OF ROHNEiRT PARK Peisonnel Rules arid.Regulations employee will continue to receive his /her present salary until such time as the m class exceeds his/her rate of aximum salary for the :pay_ C_ Employee Perf orriiarice'Reaiiew andlor Evaluation The performance evaluation process is intended to Improve d .at least and foster communication between supervisors and employees. Evacuations should be conducted at least annually in accordance with the schedule set to for that employee's job classification and should [ie based upon positiorv- specific performance elements and work standards: The evaluation must indicate "clearly whether, overall -performance is superior, satisfactory, or substandard. The review Process must`proViiie for erripioyee feedback and face=to -face communication_ Results.o {.the performance review wilt be-Utilized to determine employee's Iraining and development needs_ 1. Salary . adjustments_ Results of.the employee's current performance review will be used to determine salary adjustments on the. ernoloyee's an ..date_ Employees whose work performance is satisfactory virill be'elig�fe for advancement to the next higher step (not to exceed the maximum) of the salary range. Err►ployees who receive a less than s satisfactory rating may not be eligible for a salary advancement on their anniversary date_ 2_ Employee rev"rew and response t mptoyee:witl be provided with a copy of his/her perfbrmance- evaluatron `twenty four (24.) hours.,prior to the evaluation . interview- respond in venting to the evaluation report should they so desire_ Said responses should be submlitted to the reviewer.no later than thirty (30) days after performance.evatuatro the evaluation interview_ Contents of an employee's n are not subject to the grievance .procedure_ 3. Copies kept iii personnel file.... The employee's complete. -original, : and signed performance evaluation including any written comments- provided by the employee - is filed in the employee's officia {.personnel fife kept in.the Human Resource Department_ P— eT�od The PaY triod :for all employees rs lit monthly on the 15th and the fast day- of.the month: When th a*y'* " or the last .dax:of the month falls on a weekend or holiday,. paychecks -wilt be available the Prior Friday All paychecks are to be distribtited to the departments and delivered to the employee by noon on the Wh or ihe-{ast -day of the:month_ . ' 1 _ Time cards_ `All.employees are required to keep:a timecard and accurately record all hours worked_ a_ Full -lime employees_ Regular foil -time employees will be paid for the prior two week period worked. b_ ` Part- tirrieerriployees_ Regu{at Part-time and hourly part -time emplo yees. must submit their WS to.: the Furaiice ,Depa tinent .on the 516 and :2Q"` of the month .and u tt be paid the followrng'v4dayfor the time submitted_ 2- Direct .deposit_ Any employee wishing -to have their paycheck directly deposited may do so by contacting the Finance Department and filliing.out the, required documents_ :ITY OF ROHNERT PARK 'ersonnel Rules and Regritations Page 7 of 39 CITY OF ROi*JERT PARK Personnel Rules and Regulations E. '.Overtime - Overtime hours must be approved in advance by the employee's direct supervisor or .Department Head. -Overtime is to be kept to a minimum consis3ent with maintenance of essential City services. All non - exempt employees will be paid overtime as required by applicable law and iii accordance with any provisions in applicable memoranda of agreement. F. -Compensatory Time Off - Subject to applicable memorandum(s) of agreement or . the outline of :certain - employment conditions for non - represented employees, compensatory time.off.may be .granted in fieir of overtime pay for overtime work performed by eligible employees. - Compensatory time off is subject to the 'accrual cap in the relevant memorandum of agreement_ 1_ Approval of overtime_ Employees must obtain pre- approval before working any overtime_ The Supervisor will authorize such overtime work and will notify the Personnel Officer upon such authorization_ The Supervisor is responsible for arranging his/her department so that compensatory time off can be taken_ 2. CTO for exempt employees_ Management employees and any bona fide exempt personnel will receive administrative leave, as qualified under FLSA, in -lieu of the compensatory time off_ All exempt personnel .must record leaves of four hours or more using the City's "Employee Absence Report- and submit it to the appropriate immediate supervisor. 3. City reserves the right to pay overtime in lieu of accruing CTO_ At the discretion of the City, certain personnel may be paid for all or a portion of overtime worked in lieu of accruing.CTO_ The City can elect to pay employees for overtime worked if it is determined that an employee cannot reasonably.take the CTO without hindering the performance of essentiaf.City functions_ il_ Pay -out of accrued CTO_ The City retains the right to.pay out unused CTO at all times selected by the City._ The current memorandums) of agreement or outline of certain conditions of-employment wilt 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 lime 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 policy is to permit the use of CTO vMhin 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 depariment 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 hofidays. 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 hofidays those days .proclaimed by the President of the United States, the Governor of the State of California, and /or the Mayor of the City of Rohnert Park to be public holidays- Additionally, the City usually observes any day declared by the Governor to be a day of mourning or special observance for State employees_ .2_ Weekend, holidays_ Generally, when a holiday fails on a Saturday, it shall be observed on the preceding Friday- When. a holiday fails on a Sunday; it shall be observed on the following Monday. If a holiday falls on an employees regularly 'scheduled day off, the applicable memorandum of CITY OF ROHNERT PARK Page 8 of 39 Personnel Rules and Regulations . .... . ..... .. CITY OF RGHNERT PARK Yef&Onnel Rules and Regulations agreement V611 determine whether the employee is paid holiday any:oulline:6f Conditions Of employment pay Or given co Pensatory time off- it -the 'Provision*6 the conditions of employment nt Or '"em0fandum Of agreement conflicts is subsection, nflicis with IN c oyment or memorandum- of agreement Will prevail. 3- Hot hen regular pay- Regular Jull-time and re - gufw -pay , fate Of Pa Part-time employees are entitled to receive time off with y for the holiday- Regular part-time em '75% of the holiday Pay as determined by Ifie number employees receive either 56% or scheduled f Of hours per week the employee is normally to work. An employee who resigns — employment_ may not select a holiday as the employee's last day of 4- - R6tIt1ired Service . work on holiday.- . An 'employee Whose job Performance is essential to s maybe required I" maintain public y required. o. work.ort a holiday_- In such cases' Pridlor benefits received for the work performed on holidays. thea'pplicable MOA will specify the pay 13- Vacation - Vacation policy_ All regular full -time and regular Part-time employees are entitled . to vacation time off .wotk.witb Pay. Eligible . regular paii-vtim- e employees accrue vacation at the rate of 6o% or 75% of the allOtmenfestablished for full-time employees as de'termined by the 'number of hours the part-time employee is regularly scheduled'.1c, work- Eligible employees ccrue vacation lrorn the date-of-hire but may not take a yee� will, . accrued vacation until the completion of six Howev'er, upon compl6lion.c;f-six rijonth, (6) months of continuous service. s -of :he/she service.: e eligible to request. - vacation- This vacation.polic b will b a schedul employees- y is subject to mOdificalion through an applicable MOA d r represented 2­ Vacatibn accrual_ Vacation accrues -for regular full-time employees according to the foil schedules established in the applicable M0A­S owing C. ..or Outline of Benefits for the Management and Use of vacation. An einploy eE`s scheduled vacation must be a smallest amount of vacation t­lme that m PPioved by his/her supervisor. The unused annual vacation lea ;RY be used is % hour (15 minutes). Art individual may ve,cw(ied over to the followilig. calendar -year . . if maximum reached, fijffher-v a0crubt stop., When the employee x1mum accrual Is the availa6le zimount below b oyee uses paid vacation time and the cap' brings vacation accrual Witt resume at the regular monthly accrual The City may make ansextepliGn to the vacatio the*.reqifirer'nents of Cft n accrual cap in extraordinary circumstances where, due t . o ity Service, �3"%6mpfoyee- is required to for calend6V Year- In such. cases ego a vacation during the particular his Or her vacation . i6 the aff employee a(. ected MP . e may apply t6 the Personnel Officer to increase Wcap;., by Ifie number of - days the employee .was not permitted ( - days. The Perq0hel Officer 0 take as vacation may, his Or her sole discretion, grant such• requests from time 10 time_ 4. Vacatj� Ion at termination- Upon termination, an em balaficO of. ployee shall receive a lump sum payment for the .�a�)*Rii&d ��aca'ti6f)-'bo��s- paymeni . for Unused vacation Shall be made at the rate of effect for such em plokii at. the tim' Utermination . payin Hine employee, pay for unused Wben termination is caused by the death of the ..Wicafiun Shall be -paid to the same beneficiary the e Oe:§JDnated for Life insurance benefits rnployee has b bee and fled I - . .— Beneficiary designation Otherwise, shall be-in wril- f4ed'' t to % With the. lFinaric writing, signed t y employee e DeParlfbei4f, P 0 emplo;es t�aieeinOoyedbytfie.C4y-fdss'tha� .01,011 Office- Vacation accruals are not paid n-Six months, 5- "olidays a falling during vat'. tion- When a day des occurs on a day on 'Which ."led and observed by the City an 'employee is taking vacation, as a holiday. using vacation fOr'that- day- The On. such employee shall not be charged as employee's compensatio he/she shall.not be 'T�h ' n for that day shall. be holiday pay and paid or for Vacabon an applicable MOA for. r 'I" holiday polity is subject to modification through represented employees_ rough XY OF ROHNERT PARK )er�onnel Rules and Regulations Page 9 of 39 CITY OF ROHNERT PARK r. Personnel Rules and Regulations 6. Illness during- vacation: If an employee becomes ill or is injured while on vacation, the time off will - stilt be counted as vacation time and not sick time_ 7_. Vacation accrual during leave of absence_ Employees who are off work on a paid Leave shalt continue to accrue vacation during the leave period. Employees who are off work on an unpaid leave shall no longer accrue vacation after ninety (90) calendar days: C_ Sick Leave - 1. Eligibility_ Regular full -time and regular part -.time employees are eligible for 'sick leave in accordance with the applicable MOAs. Unrepresented, confidential, and mana gement. employees'. eligbititq for sick leave is specified in the applicable City resolution outlining their conditions of employment, benefits and salary adjustments. 2. Accrual_ Sick leave shalt be accrued in accordance with the applicable MOA's or Out of Benefits for the Management and Confidential Units: 3. Use of sick leave_ a_ To qualify for sick leave, the employee must report his /her illness or injury to his/her supervisor at the. beginning of any sick leave period and daily thereafter- un less-- otherwise arranged_ The supervisor may require a written statement from the employee's. health care provider verifying that the employee is or was incapacitated and unable to perform his /her duties. Any absence of five (5) days or more for sick leave will require a certification from a health care provider_ b: Sick leave may be taken for an employee's personal; non- industriat-lin Additiess or injury_ onally; the. employee may use up to one -half his/her yearly paid sick leave accrual (based 'on calendar year) to attend to an illness of a child, parent, spouse, or domestic partner of the employee- or the. - child of the employee's domestic partner_ c_ An employee may use sick leave for medical examinations and appointments prow'ided; however, that such leave time may be limited to four (4) hours in any one-Working day at the employees supervisor's discretion. .d_ An employee requesting to use paid . sick leave must specify whether .ttie use is Tor persona! illness .or to care for a family member. In the event that an-employee eihausts his/her paid. sick leave, he /she may be entitled to additional unpaid: leave under `the Family and :Medical. Leave Policy_ e_ Any employee who is absent from work on sick leave shall not engage in work or other activities at any time that would be in conflict with the inability to report forwork and to perform the duties assigned. If an employee violates this policy, appropriate disciplinary action:wiN be taken. . 4. Sick leave accrual during leave of absence: Employees who are :off work on a paid. leave shalt continue to. accrue sick leave during the leave period- Employees who are off work on an unpaid leave shalf no longer accrue sick leave after ninety (90) catendavdays_ 5_ . Accumulation. Accrued sick leave may be accumulated to .the limits described in -:the applicable. Memorandum- of Agreement_ . 6_ -Sick leave and Workers' Compensation disability payments_, An .employee receiving temporary disability payments under the Workers' Compensation Laws_ may use accurnutated 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 City.during such period of disability CITY OF ROHNERT PARK Page 10 of 39 Personnel Rules and Regulations GTY OF ROHNERT PARK Personnel Rules and Regulations :[). Bereavement Leave - 1. In the case of death within the immediate family of an employee, the employee shalt be. entitled to three (3) days of paid leave.' An additional two (2) days of sick or yacationleave may be taken upon approval of the employee's supervisor if the employee must travel out of.the area (at feast 250 miles one way)_ 2. lmrr►ediaie family in this case. means: spouse, domestic partner, father, father -in law, mot her -in -law, brother- brotheran -law, sister, sister -in -law, child (including . mother, aunts, uncles, grandparents, grandparent -in -law, grandchildren and relation shPchiln loco-parentis areand 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 peison(s) for whom the employee is taking bereavement leave_. E. Mititau Leave 1. Eligibility. The City grants military leave to all employees for service in the uniformed sery ices in accordance with federal and state law. 2. Notice: The employee. must notify his /her supervisor of. upcoming milita becomes aware of his/her obiigation and provide a copy-Of his /her military ry duty at soon as he /she orders. 3_ Compensation_ Employees on temporar thirty (30) calendar da Y military leave will be paid their normal salary for the first `y$ while engaged in the performance of ordered military duty_ Pay for such purposes shag not exceed 30 days in each fiscal year If the employee's military leave exceeds thirty days, the City wilt continue to pay the difference between .the employee's normal salary and•ihe.total of his/her metitary compecisatipn if the employee is called -to aclive duty as a result of a deciara6ori of emergency, wa F. or as necessary for horireiand security as declared by the President of the United States, Secretary61"Defense, Secretary of Homeland Security or the Governor of California, In such cases, the. employee shalt. submit his /her military earning statement- to the Finance Department; Payroll Office to assist in calculating the employee's salary-- in no event will the employee be compensated in excess of. his/her normal City salary- . Ati other military leave is unpaid except where necessary to.maintain exempt status under the Fair Labor Standards Act_ Employees may elect re use any other accrued "paid leave time (6. vacation) during unpaid military Leave: to Employees vuill receive any merit and /or general salary during -military. leave_ increases for which they become eligible 4_ Benefits_ a- Neatth. insurance.,-All -health insurance benefits will remain in place while the employee is in a paid military teave.status as indicated in Section 3 above_ For employees in a non -pay status, an health :insurance benefits will continue for a period of 12 workweeks on the same terms .and conditions as 'sf the employee were not on a leave of absence_ The 12 workweeks would be calculated based on the beginning of non- pay'staius_ Thereafter,. the employee has the option to continue ..tiffs /her:heafth plan benefits, at the employee's expense, foi up to eighteen months: For employees botFz. in a paid.and unpaid status, the benefits sha0 be provided in accordance w�ii the City'.s applicable .agreements, outlines, rotes, policies and federal laws_ Strch- benefits may be subject to individual plan.provons dares and all stale and b, Pension plan benefits_ . During any period of paid leave, . the City. uJitt pay the employer anal. erreptoyee contribttions to CaIPERS_ Additionally,��employees refuinirig from r »ilitary leave are. entitled to pension benefits that accrued during military service aric"to any Ca1PERS contributions :ITY OF ROHNERT PARK 'ersonnef Rules and Regulations Page t i of 39 :fTY OF ROHNER-1 PARK ?ersonnel Rules and Regulations that would have been made if the employee had not been absent due- to military leave_ Military leave is not considered a break in service for purposes of pension benefits_ c_ Vacation benefits. Vacation benefits continue to accrue during paid military leave. Employees returning from military leave are entitled to begin accruing vacation at the rate the employee would have attained it the employee had not taken military leave_ .d_ Seriiority_ Employees returning frorin military leave are entitled to the•seniority and other rights and benefits determined by seniority that they would have attained vurih 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 1Departmeni a .copy of his /her military separation document. Reinstatement will not be denied or delayed if the information does not yet exist or is not readily available, however, the employee is- required to provide the information as soon as it is available_ Reinstatement will be denied only when legally permissible. Federal law provides for the following reinstatement period: a For military leave of less than 31 days, the employee must report for reemployment at the beginning of the first regularly scheduled workday that would _fall' eight hours after he.or she reiurns.home, unless reporting within such lime frame is impossible and then the employee must report as soon as. possible. b_ For military leave of more than 30 days.but less than f81 days,. the errrpioyee must report for reemployment within 14 calendar: days following. completion of service, , unless reporting within such time frame is impossible and then.the employee must report as-soon as possible_ c_ for military leave greater Than 1$1 days, the employee must apply for reemployment within 90 days of completion of the service.. F Family And Medicaf'Leave - .1. Eligibility_ Family and medical leave ( "FML ") shall be granted in accordance With:the provisions of state and federal law- All employees who meet the eligibility criteria stated in this policy are entitled to take an unpaid FML_. To quality for FML, an employee must have been employed by.the City for a period of twelve months and have worked for at least 1250 hours during the 12 -month period immediately-preceding the leave_ FML. may be granted for the following reasons. (1) the• birth of a child to an employee or placement of a child with an employee in connection with the adoption or foster care; (2) .to care -for a child, parent, spouse or domestic partner who has a serious health condition;. or (3) for the employee s own .serious . at(h-conditiori that makes the employee either unable .to work at all or unable to perform one or more• of the essential functions of the posilion'assigned_ 2_ Amount of FML Eligible employees are entitled to FML totaling twelve.(12) weeks within a 12- mo6th period ' The 12 =month period within which the leave must . be. taken begins on the date the employee's leave begins and concludes 12. months after that date_ Ti:iis: leave .shall. be concurrent with any clisability.:feave associated with pregnancy, childbirth; or related pregnancy cgrxfitioris as provided in The City's Pregnancy :Disability Leave (PDL•) Policy_ 3_ intermittent Leave_ When medically. necessary, 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 period' of tirrie;: arid may. include periods .of.not less than 114 of an* ,hour and up to several weeks_ The City may require.an employee CITY OF ROHNERT PARK Page 12 of 39 Personnel Rules and Regulations dry-OF ROHNER7 PARK Personnel Rules and Regulations who is on a reduced work schedule or intermittent leave to temporarrly transfer to an alternative position, with the same pay and. benefits, if the alternative position better accommodates the required work schedule than the employee's usual position - 4. Notice of leave_ An employee must provide at least thirty (30) days advance written notice of the need for FML whenever possible. If thirty (30) days notice is not possible, 'the employee must. give notice as soon as possible: If the employee fails to. give _thirty (.30) days advance - notice for foreseeable events without any reasonable excuse for the delay, -the City reserves the right to Postpone the leave until at least thirty (30) days after the written notice was received_ . 5. Statement of .health care provider_ When the leave is for a serious health conditior, a heafth `care provider must provide written: certification to support the request for leave. The statement for an employee's serious health condition shall specify the commencement date of the everit which prevents the employee from performing the functions of his /her position, the anticipated duration of .the leave, and a statement that the employee is unable to perform the essential functions of his: or her positron. 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 healthcare 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 ma r rre, at its expense; a second opinion from a health care. provider designated by the City_ '71�e�uire, care Provider designated by the City will not be one who is employed on a regular basis.by. the Ciiy_ if the . second opinion differs from the first opinion, the City may. require, at its experise, that the employee obtain a third opinion by a health care provider approved jointly by the City and .1 -he employee_ The third opinion shat! be considered final and binding.on the City. and the employee_ A new statement from a health care provider may be required if: the employee requests to the leave requested in the original statement_ an extension The City does- not require the certification disclose the underlying diagnosis without coitsentirom the employee. 6. Pay during leave_ FML is unpaid except to the extent the employee elects to substitute accrued paid leave time_ An employes may use accrued sick leave when the FML is for the�erriptoyees.or the employees family member's serious health condition. An employee may•sutzstitol : a . leave, compensatory time off-and /or paid administrative leave for any .FML- The subs ticctuut o of ptaird leave time does not extend the 12 -week maximum leave time_ 7: Insurance benefit premiums during FML An employee is eligible for. the same,insvrance benefits and premium payments for each benefit during FML "as if the: employee were "not. maximum of twelve (12) weeks. An employee on unpaid leave beyond the twelve (12) weeks f .a 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 will occur if a premium payment is more than 30 days late_ 8_ Other benefits during FML_ During any Portion. of FML for which ari employee substitutes. other paid leave benefits, the employee Will continue to ccrue paid leave benefits (i e.; sick. leave; vacation leave); seneoriiy, and other benefits to the same extern that the employee would accrue those=benefrts if not on FML. Employees on FML are not eligible for holiday pay (e.g paid for hotidays.worked) for holidays that fall during FML 9_ Reinstatement_ Except as provided in Section 21.3.7, an employee who.takes FML shalt .be eligible tot reinstatement to the employees former position at the.former rate of. pay_ Howeuer, if.ihe position. ITY OF RO"NERT PARK ersonnel Rules and Regulations Page 137 of 39 :TTY OF ROHNERT PARK 'ersonnel Rules and Regulations is not available -due to business necessity, .The City may instead offer the employee a job that is comparable in terms of pay and duties. An employee retains the same right to employment as if not on FML_ If an employee fails to report to work promptly at the end-of FML, the employee will be assumed to have abandoned his/her employment unless additional leave has been approved. 1-0_ Reinstatement for .key employees_ If reinstatement of a• key employee causes a substantial and grievous economic hardship. to the City,. the City may deny reinstatement of the key employee to the position held al 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 lime 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 employees 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 .osteopathic physician's and surgeon's certificate under applicable California law or any. other individual duly licensed as a -physician., .or osteopathic physician or surgeon in another state or jurisdiction who directly. t i reats or supervises.1he.treatment of serious health conditions or any other person who meets the definition of 'others "capable of providing.heafth care services" as set forth in the federal Family and Medicatteave Act:and its implementing regulations_ G_ Pregnancy Dis ability. Leave - 1. Eligibility_ Any employee who is disabled from working due to pregnancy, childbirth or related medical conditions is eligible for Pregnancy Disability Leave (PDL). 2. . Arnount of .PDL.. PDL wilf be' allowed for the period of disability but not to exceed four (4) months (88 working days forJulf -time employees and pro -rata for part -time employees). PDL may be taken on an intermittent or.reduced hour basis when determined-medically advisable by the employee's. health care provider, e.g_, for morning sickness, prenatal doctor's appointments_ 'The smallest increment of time that can be used for such leave is 1/4 of an hour_ The City may require an employee ,who is on a reduced schedule or intermittent leave to temporarily transfer to an alternative -position. if the atternativeposition better accommodates the required work schedule_ 3_ Notice of PDL. Whenever. possible, 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 request.a transfer. to .a. less strenuous or-'hazardous position or to less strenuous or hazardous duties, if such a transfer is medically advisable and can be reasonably accomrriodaied_ Where. transfers are rnade'based'orr •the employee's health needs, the employee will receive the pay specified for the alternate.pasition. and /orduties.. . 5. Statement by health care provider_ An employee requesting. PDL shaft provide ,the- Human Resources Department with-.certification from her health care provider stating the anticipated delivery. date arid'eslimated dates and duration of the disability_ if there is a- change in diagnosis, . and. the dates are either accelerated or delayed, notification from the health care provider is required. CITY OF ROHNERT PARK Page 14 of 39 Personnel Rules and Regulations CITY -OF ROHNERT PARK Personnel Rules and Regulations A health care provider's statement must be submitted verilying the need for pregnancy disability leave or for transfer, stating the following_ a_ The date on which the employee became disabled due t condition or th o pregnancy, childbirth or related medical e date on which the need for a transfer became medicafijr- advisable; b_ . The probable duration of the period or periods of disability or the need fortransfer, and c_ A - statement that, due to the disability, the..ernployee is uriabie to . essential functions of her perform one or more of the 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. statemenI must be promptly reported by the employee to the Human.Resources Department. 6. Use of accrued leave while on pregnancy disability. leave_ An employee may use any combination Of accrued paid. leave during the duration of PDL. The substitution of paid leave does not extend the maximum length L 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 02) workweeks_ An employee on unpaid PDL beyond this. period may. continue .health. insurance or other benefit coverage at own her expense, at the City' group rates- Theemployee must arrange.for payment of- the premium contribution in .advance_ ..A .lapse .Fri insurance coverage wt31 occur' if a premium payment is more than 30 days Late_ 8- Other benefits during PDL_ During any. portion OU PDL for which an employee substitutes other paid leave benefits, the employee wilt continue to * ac,crue-. paid leave benefits (i;e_; sick leave, vacation leave); seniority, and other benefits t6 the same extent that'the employee would acaue:those benefits if not on PDL Employees on PDL are not eligible for holiday pay (i_y for holidays worked) for holidays thaI7fall during the PDL_ e_ 'pa 9. Reinstatement_ An employee who takes PDL shall be eligible for reinstatement to' former position at her former rate of pay. However, if the same position is no longer available due to business necessity, the City may instead offer a job that is comparable in. terms. of pay and duties_ If an employee fails to report to work promptly at the end of PDL, the employee wilt: be assumed to have abandoned her employment unless additional leave has- been-approved. ill_ Statement regarding return to work_ The City requires an.employee ceiurning- from PDL to.pravide a statement from a health care provider that certifies the employee's fitness for duty, . T?. Other work_ The City shall take appropriate,discipfinary action if it determines that an employee has engaged in other work during a PDL that.is inconsistent with the employee s use of PDL_ 92_ Definition of health care provider. A health care provider as -used herein means a person holding either a physician's and surgeon's certificate under: applicable California' law a ail . osteopathic physician's and surgeon's certificate under applicable Californ%a law'or any .other�indo.stpal duty licensed -as -a physician, surgeon, or osteopathic. physician or surgeon. who directly treats or supervises the treatment of serious-health -conditions, oc�an state or jurisdiction. meets the definition of others "capable of: rovidi. Y o1 : person who Family and Medical Leave Act and its implementing regulations- WY OF ROHNjERT PARK ersonnel Rules and Regulations Page t5 of 39 :ITY OF ROHNERT PARK - 'ersonnel Rules and Regulations -I_ Work- Related Injury. And Illness Leave - 1_ 'Eligibility. All City employees are covered by Workers' Compensation Insurance_ All regular employees are eligible for industrial sick leave as_ provided in the current applicable memorandums) of agreement. - 2. Reporting accidents and injuries. An employee .who is injured. or becomes ill in the course of employment. must immediately reporl. the incident to the employee's supervisor. The supeirvisor must provide an Employee's Ciaim.for Workers Compensation Benefits form to the injuredCll empioyee for completion'as soon as possible_ Within 24 hours of receipt from the employee, the supervisor must submit the completed :supervisor's report of injury to the Human Resources Department_ An employee who fails to promptly report a work- incurred injury or illness to his or her supervisor may be subject to discipline,.up to and including termination_ 3. Temporary disability benefits_ An employee eligible for temporary disability payments under the Workers. Compensation Law.will receive the amount as provided by that law_ 4_ Salary continuation integration :with accrued leave. Employees receiving temporary disability payments under the Workers' Compensation Law may elect to use accrued paid leave benefits at the same time they are receiving temporary disability, but only up to an amount which, when combined with temporary disability payments, does not exceed one hundred (100 %) percent of the employees normal salary_ Accrued leave-hours shall be charged to the extent of wages paid by the City to the employee. 5_ Termination -after work related•.injury or illness_ Unless otherwise prohibited by taw; an employee may be terminated alter :the ireatirig .physician's finding that the employees condition is "permanent and stationary" and that the disability precludes the employee from doing the essential functions of the 6_ Anniversary date. A regular employee who is.absent from work as the result of a work- incurred injury- or illness -shall retain hisffier. anniversafy date. An employee•who has not completed the probationary period is ineligible for certification to regular status during leave for a work - related injury or illness and the date for completion of the probationary period will be extended to reflect the amount of fte.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 Cily in any judicial or administrative proceeding shalt receive pay as though at work for time spent in the proceeding: The employee must remit anywitness fees received to the Finance Department, Payroll Office. An employee subpoenaed to appear in a proceeding in which the City is not a party shall be granted:leave . inriltiout pay during the lirrie required for -tEiat appearance, except where necessary to maintain the employees exempt status under the Fair Labor Standards Act: The employee may use accrued vacation, administrative leave or compensatory time for this purpose_ J_ Jury Duty - All regular and probationary employees called to' ury duty will-be granted a paid leave. A copy of the jury summons must be given to the Human_ Resources Department. The employee shall receive full pay for the. time served on jury duly, provided the employee remits to".1he City all fees as soon as received by the employee for such'dubes_ Compensation for rnileage•or subsistence allowances shall not be considered as a fee and shall be ietained by the employee: CITY OF ROHNERT PARK Page 16 of 39 Personnel Rules and Regulations CiTY•0F ROHNER -r PARK Personnel Rules and Reputations All .other employees will be granted leave without pay except where necessary to maintain :thptoyee's exempt status under the Fair labor Standards Act. e employee's If an employee is required to report to jury duty within 2 hours of the scheduled star! of the workday; the employee is not required to report to work at the start 0' f the workday, but shaft report directly to workday, d y, e an erhployee is released from .jury duty with more than one -half of his /her workday remaining the It employee is required to report 10 work 'to complete the regularly scheduled workday_ K- Unpaid Administrative Leave - Eligibility, Upon written request of an .employee, the Personnel Officer may ap unpaid leave of absence Without pay for a period not t prove in writing .an o exceed six (6) months_ 2_. Reason for_leave_ Unpaid Administrative Leave will be granted for the following purposes: a. School visit leave. An employee who is a parent; grandparent, or duty appointed guardian with custody of a child in -a licensed day care facility or in kindergarten through 12"' grade will be granted up to .40 hours in a 12 -month period (not to exceed 8 hours in one month) to visit the school site, if seasonable prior notice is given to the Personnel Officer_ .Additionally grandparent, or.guardian of. a child may -lake time off to appear at a a parent, school in connection with the suspension of a Child. The employee may use accrued leave for school visits If accrued Leave is exhausted, the Personnel Officer may .allow the employee to work an alternative schedule to accommodate the leave or provide leave.without pay_ Written proof of the date and time of the visit signed by an appropriate school official may be required to be provided to the Personnel Officer on return to the job_ b, t o vote, leave_ Any employee, it he.or site. does not have sufficient time outside of working hours . to vote relay request up to {inwo [2) hours of accrued paid leave either ai the beginning or end rs scheduled working hours to enable the employee to vote. if the leave, time off shall be granted without pay except. where necessp. employee has. Ro accrued paid under applicable stale and federal wage and hour laws_ tO maintain exempteons C- ..Domestic violence leave_ An employee who is the victim of domestic violence may take unpaid -.leave or use any available paid time off benefits to ensure his /her health, safety or welfare, of that of'his /her.. child 1 by obtaining a temporary restraining order, a restraining order, or other court assistance_ - Additonally, an employee may take '[Cave to seek medical or treatm ent,. to obtain necessary social services; 'and /or to participate in safe Fanni psychological other actions: to increase safety_ .The employee must provide reasonable notice of the need for safety P ng or. take such leave and shall provide. evidence satisfactory to the Personnel Officer of parfici the n e one -of more of .the activities specified in- the Preceding sentence_ The'-amount of leave provided shalt be in accordance with Labor Code seiction.230.1_ d- Crime victim assistance leave_ 'An erne o ee who is the victim of a. crime, the immediate family member of a victim, a re istered don; . y. g ester Partner of a victim, or the "child of a registered ,domestic partner of a victim may take an unpaid leave or any available paid. time off bereefiis to attend judicial proceedings related to that crime_ e_ Emergency duty and training-lea ve- Vo►ui►ieer firefighters. and other timer take an unpaid leave or use accrued leave to perform timer a �! personnel may. may take up to 14. days leave per calendar g �Y .duty -. Volunteer firefighters Provide reasonable notice to the Personnel .Officer of the engage ed for training- leave and Shall provide to The employee must `the Personnel Officer safrsfactoryevidence Of participation in the emergency duly Or training: rY OF ROHNFRT PARK rsonnel Rules and Regulations Page 17 of 39 'ITY OF ROHNERT PARK 'ersonnel Rules and Regulations 1- Miscellaneous leave- in addition to the leaves described above, the Personnel Officer may approve other requests for unpaid leave at his/her discretion -. Health insurance- Benefits - 1- Benefits. The City provides group rriedical, dental, and vision insurance to eligible employees and. their dependents and domestic partners (effective January 1, 2005)'as. detailed in the applicable MOAs and City Council resolutions outlining conditions of employment and 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 inthe official plan documents and insurance policies that govern the plans_ -If there is any actual or apparent con€lict 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 o€ benefits_ The benefits described in this - section shall begin the first of the month following the first day of employment or on the date -of -hire if it occurs on the first of the month. 3. Health insurance waived by certain employees- The City provides eligible - employees alternative medical benefits when the employee has coverage from another source and the employee waives- benefits under the Citys plan. These alternative benefits are described in Resolution No_ 96 -203- 4_ 'C_O_B.R_A_ The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBF�A) requires, the city to offer employees .and -their eligible dependents an opportunity for. a temporary extension of health Acoverage upon separation of employment or loss of dependency-status. The specific provisions and restrictions of the Act are available frorrrthe Human Resources Department. M_ Miscellaneous -Employee $ enefits- 1. Disability wage:plan. The City provides a disability usage plan. to regular ,full time and part-time employees. Benefits and conditions of the plan are more specify described within the City's Disability Wage Plan Aocumentavailable upon request from the Human Resources DepaitmenE 2- Long term disability insurance_ City provides longterm disability. insurance to. regular full -time .and regular part -time emptoyees- The purpose of LTD' insurance is to provide eligible empfoyees :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 eorrrf►lions. of work and benefits- The terms and conditions.of this benefit may be modified from time-to time.in the event that the City changes. carriers When an employee is _ receiving - benefits from other sources, the total amount .of compensation -received by the employee, ' including LTD benefits, shall not exceed one hundred percent: (100 %) of the employee s norrrial monthly income. 8. Catastrophic leave program- The catastrophicaeave 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 t to -all regular full =time and all regular, 12 -6on1h part-time employees, legal dependents,. and. domestic .partners -(per AB 205 effective January 1,- 2605) an employee assistance program. The program provides access to. professional counselors and therapists to assist employees'in resolving stress resulting-frorri personat 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-Eir ROHNERT PARK Personnel Rules and Regulations therapist is confidential_ No information is provided to the City regarding an eligible member's use Of the EAP. To make an appointment with a counselor call Cigna Behavioral Health at.(888j 371 -1325 For more information,."contact the Human Resources Department_ 5. Health Care Tax =free dollar account program_ This program employees to set. aside a. maximum of $3,000 'per caf a yearvofPbe ore taxi wages forpmed "real premiums; co payments; or out of, pocket -medical costs, as. authorized by the internal Revenue Services and the California Franchise Tax Board- A. regular employee becomes eligible on date 'of hire_ Employee participation in Ibis program is coordinated through the Finance Department. The tax deferral limits are subject to change due. to changes in federal and /or stale taw_ 6- Dependent Care Assistance program: This to set aside a maximum of $5,000 program allows eligible full -lime or part-time employees per calendar year before tax wages for child care expenses as authorized by the internal Revenue Services and the California Franchise Tax Board- A regular employee becomes eligible on date of hire- Employee participation in this program is coordinated' through the Finance Department_ The tax deferral limits are subject to change due to changes in federal and /or state taw_ 7. Deferred income program_ The City participates in a deferred income program administered by National Deferred and ICMA_ ' This program allows eligible full-ime orow being employees to set. aside a maximum of $13,000 per calendar year ($14,000 in 2005, $15,000n 2ppg) of before tax wages for. post - retirement income -as authorized by the Internal Revenue Services and the California Franchise Tax, Board-.A regular employee becomes eligible on date -of -hire. Employee Participation in this program is coordinated through the Finance Department_ The tax deferral Limits are subject to change due to changes in federal and /or state law. 8. Hepatitis B program_ Below:is an. explanation of the .Gity's Hepatitis B Program Emptoyees'vrh0 inay have to perform..fiirst aid as 'a regutar'job duty or are in positions which might expose there to bodily fluids need to be Offered. the Hepatitis B Immunization Program Blood- borne-Paihogens Program_ per the City's These job classifications are Public Safety Officer P.S_ Sgt_ I.'-S- Divis-ron Commander Director of Public Safety. Community Services Officer Evidence Technician Properly Specialist Vol_ Auxiliary Firefigbl&' .Reserve Officer Seasonak MaiMenance.Assistant Maintenance Helper [dtaintenance Worker-.1 Maintenance Worker 11 "Public Works .Services Supervisor Recreation .Supervisor At the.time.oi the pie- employment ptiysicat, the candidate has a blood test.that lets the City know if they Have the Hepatitis :B ' anfbodp - - At the employment orientation, Human Resources.Depariment Provides the.new employee (if they are intone of.tk►e jobs classes fisted above) informatDepar`what Hepatitis B is and acheck -off Corm, which program indicates whether or not they wish the 3 -shot immunization ization _ Human Resources (H2)1ogs-in the employee's response in its safetyrecords_ ITY OF ROHNERT PARK ersonnel Rules and Regutations- Page 19 of 39 ;ITY OF ROHNERT PARK - 'eisonnel Rules and Regulations Employees who wish the 3 -shot Hep_ B series go get their shots.inforrn HR when'they received each shot, and turn in their receipt for reimbursement_ Emptoyeeswith Kaiser insurance can get them free of charge through Kaiser as preventative care and necessary .due to. their job class_ Employees with 'Blue Cross insurance are instructed to .get their shots ..at the County. Health Dept_ and submit their receipt for reimbursement_ 11 is important. that the employees not miss. an appt_ fora shot as they might have to repeat the series. There are specific timeframes for each shot.- If an exposure incident occurs at work, under woikers compensalion, #t►e City has the employee tested and if necessary they are given a Hep- B booster shot for additional protection_ SECTION 4 - IN -HOUSE RECRUITMENT A_ Transfer - if an employee is qualified, the Personnel Off icer may approve the transfer of an employee from one position in the City to another position in the same class or to another. posit ion in a different class with the same maximum salary. 1_ Types of transfers. a, Voluntary request for transfer initiated by department supervisor.and /or. employee_ b. involuntary transfecinit'iated by the:Personnel Officer to better serve the needs of the City. c_ Transfers for disciplinary reasons are subject-to the Or of Section 8_ d_ The Personnel Officer may transfer an erriptoyee to a class with a lower maxitnum salary with the consent of the employee, provided the employee possesses.the; desirable. gvatifications for [fie 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 affecled employees) and bargaining units) stating,the nature of the transfer and an explanation as to why'the transfer is necessary_ b_ The employee has a right to respond. in writing within five (5) workdays from date bf notice:. c The employee has a right, through their bargaining unit, to fife a' grievance witfiin.the time ftnits established in the grievance procedure_ B_ Promotion — i _ Qualifications. A person may be moved to a class with a higher maximum salary onfy:if . he/she has = the desirable qualifications for the higher class- These desirable quaf:<ications are ascertairiieii on The basis.of information obtained from appticationforms, tests, examinations,-interviews, past performance reviews or evaluations, and /or input from an employee's supervisor. 2 intemallexter-nal .recruitment - in filling vacancies for positions above. entry level, consideration will first be given to existing City employees_ However,. the Personnel Officer may recruit from .outside" when the Personnel Officer determines that.appropriately qualified City employees are riot available :lo fill the vacancy_ .The. City reserves the right-to cond.uct-an open recruitment pr tcess:to. fifi: a vacaiicyin a higher -level position or to fill the vacancy by-•adyancerhent of a qualified. eryrployee that currenily occupies a lower -level position_ CITY OF ROHNERT PARK Page 20 of 39 Personnel Rules and Reputations CITY OF ROHNERT PARK Personnet Rules and Regulations 3 . Request for eligible employees: When a vacancy occurs, the Supervisor may request a list -of names of persons in City employ who qualify for promotion to the vacant position for consideration from the Human Resources Department. 4- Determining pay for promoted employees_ Refer to Section 2 — Pay Ptari B, Section 3- s and Compensation, Part Trainee Proarar» - 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_ 9_ The training prograrn 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- .Z Recruitment for these positions may be promotional or open as deemed appropriate by the Personnel Officer and the initial salary would..be up to thirty percent (30 %) below the salary range. beginning of the established 3. Transition from trainee classification may occur as early as six (6) months. but no later than two (2) - Years from the date.of, appointment_ Minimum qualifications for the position must be attained prior to transition_ Transition may -occur upon recommendation of the Supervisor and approval of .the Personnel Officer_ 1. Apprenticeship Program - The: City may establish an apprenticeship program in partnership with a local school district, Sonoma State'University, Santa Rosa Junior College, or an accredited trade school_ This program would be conducted in cooperation with the applicable bargaining units_ Probationary Period_ The ' probationary periods set forth in Section 5 also apply to an placements resufting:from the in -house recruitment process. SECTION 5 - RECRUITMENT PROCESS L Announcement of Vacancies - Notices of employment. opportunities in the City will be first announced in house, via electronic. mail, ailoznnng current employees the opportunity to apply for the :position. The announcement will also. be posted in the City off -ices and publicized in any other ways necessary to attract the best qualified candidates_ 11- Upen recruitment_ The Personnel Officer has the discretion to begin open recruitment outside of. City employ when he/she knows that the City does not have employees wit skills_ h the required knowledge or 2. Notices Such notices 1.0 the classes in which vacancies are anticipated, specify the class title, salary. range; fringe benefits, the' nature of -work: Performed. and the qualifications- required for employment in the class, tell when and where to'file applicalions for employment, -and -.give information about the ..testing, scoring and selection procedure to be used. Wy OF ROHNERT PARK Page 27 of 39 ersonnel Rules and Regutaiioris iTY OF RO MERT PARK Vrsonnel Rules and Regulations Apptications - Every applicant responding. to a Cify. recruitment shaft file:an official city .application. form- Applications shall be available in the City's;.Human Resources office_ Applications and. supporting _ documentation filed with the City are the property of the City: Any information on the application will not-be made public_ 11- 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.applicants training, experience; qualifications and any additional information the ' Personnel Officer deems pertinent to an evaluation of the ..applicant's fitness for a position_ 2_ Deadline for filing applications. Applications and all required documents must be filed in the Human Resources Department on or before the final. filing date and time speeded in the position announcement- 3. Rejection. applications. The Personnel Officer may disapprove an application, disqualify an applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed: a. lacks any of the requirements established for the examination or position for which application has been made, b_ excessively uses narcotics and /or intoxicating liquors to the extent that they are unable to perform the essential functions of the position; c. an employee that is not physically andfor mentally able to perform the essential - functions of-the job, with or without - reasonable accommodation; d. • has made any -false statement,or omission of .any'signmicant fact,. or has practiced or attempted to practice deception or fraud. in the- application, 'in' declarations, or iii .securing eligibility or appointment; e- has directly or indirectly obtained information regarding the content-of an examinatioato which an applicant is not entitled; t_ previously been dismissed for cause from 'any public or private employment. or resigned to avoid such dismissal; g_ has failed to submit a complete and/or signed application within the specific time limits; h_ has failed to reply within five .(5) working days from the date malirng; to communications concerning availability for employment; J.* has made himself/herself unavailable ",for. employment py requesting that :his/her name ' be withheld from consideration_ j_ for any material cause which; in. the judgment of ihe- Personnel Officer, would.render.the-appliicant unfit for the particular position, including a prior. resignation from City services accepted with .prejudice_" 4_ Criminal convictions. Convictions (including pleas of guilty and no)o contenrfere} may disqualify an appricard-fioin employment by the City_ Cfirirririal convictions do not hecessarilVs disqualify. individuals from. employment with the City,. in determining whether an individual' with a conviction is disqualified, ihe Personnel Officer will consider the following factors_ a_' the employment classification to which the person is applying, including its sensitivity. CITY OF ROHNERT t'ARK Page 22 of 39 Personnel Rules and Regulations CITY OF ROHNERT PARK Personnel Rules and Regulations b_ nature and seriousness of the conduct, c: the length of time since the conduct, d_ the age of She individual at the time of conduct, e_ circumstances surrounding the conduct, f_ contributing-social or environmental conditions, and g. the presence or absence of rehabilitation or efforts at rehabilitation_ S_ Employment of relatives. A position within the Qly will .not be filled: by an individual, where that individual would be subject to supervision, evaluation, discipline,. or dec'rsions'.regarding compensation by a close relative. No person will serve in a department where the Supervisor is a close relative or in a- division where the division head is a close relative_ For a definition of 'close relative," see the glossary of terms at the conclusion of these rules. 8. Notification of disqualification. If an applicant is deemed disqualiftedIor any of the above reasons, the Personnel Officer will notify the applicant or eligible in writing Chis/tiei fast k'nown-address, of the action taken. An applicant has the right to respond orally or in writing wit er► five 5 world the date of mailing to the Personnel Officer, with no further tight 'to �� n9 days from 9 appeal_ Selection Procedure - The method used to select employees shall be. impartial and shall relate to those . subjects which fairly measure the abifities to execute the duties.and.responsibilities.of the Gassification in which the vacancy exists_ Selection proceduies, consist of one cis snore of the rrrethods Irsted below The same method shall be applied equally. in a single examination_ i_ Application_ Information the applicant supplies on the Citys apptrcatron forin,:ard any.a[tachments thereto will be reviewed under the supervision of-fhe Human Resources Assistant or his/her designee and the applicable department supervisor_ The same criteria. and poinym t sste is utilized for all applicants for. the same position. 2 Examinations_ The selection techniques used in -tire exarrr►nation process Will .be, impaitrat; practical, and related to those subjects which fairly measure the relative capabilities of -the applicant - examined to execute the duties and responsibilities of the class,to-which they.seek.to be a � "ointed- Examinations- - - - - -- perform' consist of, but are not limited to; such techniques.as written _tests,.pers�rPat nieryiews. skills and peciormar►ce tests, assessment centers, review of performance evaluatrons, evahra't'ron of.daily.work performance, evaluation of work samples_ 3_ Documentary evidence_ Applicants for positions .are required to:provrde documentary evicierrce of education; training; or experience_ The City reserves the right tore -test the skit level of > any -applicant_ 4_ Scoring and rating- The Personnet'Otficer Vitt establish the relative vireighis:of:ezarrima_tion, and other - components of a position. The basis of tfie Tula[ score' wrlf. be• included..in the: job . announcement. Scoring and rating systems may be numerical oc non- -Personnel determined by the - Personnel Officer_ a_ Appointment preference on openlpromolional recruitments wilt be extended to art r !ar City. employee. Regular city' will be y � granted tine folfowuzgseoring.preference_ 1 %for:each year of service, with a maximum preference of 10 Depending on me'scoring established. for the classification recruitment, the preference may. be .expressed as an additions[ percentage or additional points_ ' See example below for detailed explanation_ MY OF kbt4NERT PARK Page 23 of 39 'ersonnet Rules and Regulations :ITY OF ROi-fNEOT PARK lersonnel Rules and Regulations PERCENTAGE :EVALUATION .(sample) Employee's Total Score = 80% Years-of City Service as. a Regular Employee = 10 (calculates to an additional 10 %) Employee's Adjusted Total Score = 80% + -10% = 90 %, POINT EVALUATION (sample) Empfoyee's•Total Points - =175 out of a possible 200 Years of City Service as a. Regular Employee = 10 (calculates to an additional 20 points 1200 x 10% = 20). Employee's Adjusted Total Score = 175 + 20 = 195' 'The combination of an employee's performance-in the examination process and years of service :may give the employee a higher score than the maximum possible_ In. such a case, the employee shalt receive the actual score_ calculated above the maximum and be ranked accordingly: Specifically, for the examples listed above; the employee achieving the maximum score on The percentage evaluation would- receive a total score of 100% + 10% = .110 %; and on the point evaluation receive a total score of 200 + 20 = 220_ b. In accordancevvith Resolution 2001 -271, the City does not grant preferential status to any select. group of .persons :when. applying for a position_ D. Interview Process - 1_ Interview boards_: The-Pet el Officer Val-assemble andappoint in#erview boards_ These boards may be' corrtprrsed of;priyats citizens, - .experts in'the•Teld,' members of another agency, City dtfieers, Gdy enipfoyees; anatdr' T�argaining 'iinit.tepresen #atives. 2-- - Interviewers, remarks. Interviewers mark :on:forms .provided the degree to which, in their .judgment' each, candidate, po$sesses. the des #ed quaCifjcaiions_ The interviewer's remarks will be translated into a numerical score. Scoria sl eetaixl interviewers 'remarks are confidentral. E_ 'Eligibility List's - After each selection procedure has been completed, the Personnel Officer or his/her designee will pr!T. e,ar eligiliility.•l st c�ontain'rng the names of applicants who* qualify. tor. appointrrieht to positrons in a partreufar class_ 1- Ranking` .Place .tile• riames;,of itte gtia rl, applicants ( "eligibles ") on the eligibility list in the order of their Etna( ranking; as :determined by- the" selection process, wish the highest rated eligible at the top' of the fist. If more than one person has the.sari►e score, the names will be placed in alphabetical order-*' 2_ Duration. of list_. The ,eligibility ;fist :remains in effect -for a period of six (6) months, unless the Persorirrel Officer _oxieri this, per, iociJor,ar�eriod_ not to exceed (1) year_ The Personnel:Officer can reduce the )ienod if the list contains less than 5 names.. tnthe event of early cancellation of an eligible fist, the `Personriei Oif;cer Will riotify::each person. _whose name appears on such list to this effect via mad to tiis/hw last khOWn, address. This- notice is to include -an explanation as to vvhy' the time frame has been changel_ 3_ Removal from'list. An applicant maybe removed from a given eligibility first by Elie Personnel Officer for any of the following reasons_ a. appointment to.itie classifii aiion for which the eligible list was originally established; b- request by lhs applicant-fortemovat from the fist;. c_ '.failure to confine to meet any of the min_ imum standards established for .the position for which the eligible list was prepared; CITY OF ROHNERT PARK Page 24 of 39 Personnel Rules and Regulations CITY -OF ROHNERT PARK Peisonne!' Rules and Regulations d_ failure to contact the Personnel'Officer within five (5) working clays from the date of notice -of an interview or offer of appointment; e- determination by the Personnel Officer that the applicant has violated one or more of the Provisions of Section 5.13.4. 4- Vacancies- When a vacancy occurs in a class for which there-:is an eligibilty lisf,.11ie Personnel Officer will, transmit the names, and 'all, supporting docum:eciis, Of all candidates with the top five ranking scores on the eligibility fist to the Supervisor for cgrisideration- Appointment Process - All appointments to position vacancies . will be rrrade'rn accordance with these rules and regulations_ The power to.appoint and dismiss City employees is vested in the City Manager ( Personnel Officer)_ 1. Vacancy- The vacancy will be filled by appointment of an -eligiEile candidate- from 'an appropriate eligibility list, except as provided in 2 below - 2. Exceptions. a- No eligibility list. The Personnel. Officer may make a- provisional .appointment to a posifion if• there is no eligibility list for the class` and it the needs: of the .service requite that the position be filled.before a selection process.can be completed. A "prov- isional appointee must_ . i. Meet the requirements of training and ex penence established for the position; ii- Not continue for more than thirty (30). days in the provisions[ app* Ointment after an eligibility list for the position has been established.untess.ihere are`rio eligibles. on such eligibility fist who are available for or who wish, to be, cdnsiderO for aptaointrrrent io the position; iii., -The Supervisor may submit a written request and just'rfrcation to the ' Personnel Oifrcer to extend the provisional .appointment in six : (S) month - iriixernents_ . No more :than two (2) extensions may be granted for each provisional appdiritnient_ b_ Emergency_ In an emergency which lhreatens fife, property, or the: operation .of necessary municipal services, the Personnet.Officer may-employ art individual not on the 61i ibil'rty list for not more than thirty (30) calendar. days. 3_ Pay-- A. new appointee shall receive the minimum salary .for the. class to which. the position is allocated,. except that= ?- !n cases of extreme difficulty .iii fTting. a.. position, =the Personnel Officer rna' approve appointment at a salary above the min�mu' , in such - cases, alt incumbent ernpfoyees. the class to which the appointment is made shall .be "placed an at .Eel Ilse same step •of the satary.range_as the new appointee; or _ ii.. In hiring•exceptionalty, qualifiers personnet, the Personnel Officer may ap fxove appointments at a salary above the minimum for the class: Conditional Offer of EMPIOYment - An offer of employment is contin' ent upon pon.the-results of:the•following- T. Reference checks. Prior to conducting reference inquiries.a Prospective sign a release allowing the City to acquire information about the applicant from former. employers. ITY OF ROFINERT PARK Page 25 of 39 ersonnel Rules and Regulations ;VTY OF ROHNERT PAt2K personnel Rules and Regulations 2. Medical. examination.' Applicants who have been.offered a regular position with the City are required to-participate in a pre - employment physical_ Each job classification has specific physical-staridards and are reasonably related to job requirements. The cityis notified only that the prospective employee is medically qualified, conditionally qualified or diisqualfied; no other medical information will be released- 3- Fingerprints :and crimi-iial background . check. All persons employed by the City will be fingerprinted and .law enforcerrient .records checked' for past criminal convictions. information thus obtained will be confidential_ Employment of, .and continuation .of service of employees with a criminal conviction must have the approval of the Personnel Officer as stated in Section 5.B.4_ M. Probation Period - The purpose of probation is to permit the employer to observe the employee on the job and to evaluate performance_ Probation is part of the promotional, training, testing and selection process_ The probation period begins on the date of appointment_ It is the responsibility of the supervisor. to communicate with the employee in regards to his/her progress: 1. Duration of period. The probationary period is. not less than twelve.(12) months for miscellaneous employees, not less than eighteen (18) months for dispatchers, not less than eighteen (18) months for sworn Public . Safety . employees, ' and not- less .than.-twenty-four (24) months for Management employees. Employees who receive promotional appoinlments must serve another probationary period of at leasi' six (6) months. for non- supervisory employees and twelve (12) months for supervisory :employees (includes management classifications). 2- Leaves of.absence during- probation- if an employee is absent from work for longer than five (5) Working days during the- probpt ionary per,- "rod, the City•may extend the probationary period an amount of i. "uie equal to. the days miissed if necessary in order to properly evaluate an employee. 3_ . Extension of probation period: All efforts will be made lo'sufriciently evaluate the probationary employee dusing.1" .assigned period_ An. extension of the probationary period may, however, be recommended by the supervisor -andlor .Personnel Officer when cause exists- if additional time is needed to evaluate the employee, the supervisor or Personnel Officer can .extend the probationary period for an additional period riot to exceed. three (3) months_ ':a_ Extension of probationary period will be based on the written performance review_ b. The performance review with take place ten -(10) working days prior to the end of the initial probationary period_ 4: Rejection during probation period_ !biting the probationary period, an employee maybe rejected at. any. time for any reason:. by the' Personnel Officer_ Employees who are dismissed during their probati6rtary period: have no right to hearing or appeal_ Notification of rejection must be served to the `probationary employe6 in writing_ 5. Promoted employees..A'promoted employee who does riot successfully complete the probationary period wilt be reinstated to his-or her former position or to a comparable position_ If, however, the employee is discharged for cause; the employee has rio 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 OP ROHNERT PARK Page 26 of 39 Personnel Rules and Regulations GtTY OF ROHNERT PARK Personnel. Rules and - Regulations SECTION z - SEPARATION AND RElNSTATFzMENT 4n employee may be separated from employmerii by resignation, disrnissal,.retirement; Or. layoff. on accouni'of ack of work or lack of funds_ The dismissal for cause of regular employees will be in accordance with the .)rovisions of Seclion•8. Other separation procedures and reinstatement procedures are set forth below_ 4_ Separation: andlor Rei 'kmati -6 = An employee wishing to resign is required to notify his/her supervisor in writing at least. two weeks .prior to -their intended leave. from City employment. !� Gopy Of the written resignation will be:given toothe'Personnet Officer and then placed in the. employee' personnel fife_ t. An employee who has. resigned'in .writing Imay withdraw his /her res nation ie prior. to. the final date slated on.the letter of resignation_ The withdrawal teller will also be placed in his/her peronnel file_ 2_ An employee who leaves employment Without so filing a written resignation and giving two (2) weeks notice, as required above, will have this fact noted in His/her file and maybe denied future employment by the City_ 3. Reinstatement = .Upon application of ' ..a former regular employee, who has properly resigned, the Personnel Officer may, at his/her. sole 'discretion, approve reinstatement of the former employee as Provided below: 1- An employee separated jrbm the City's employ-for six (6) months or less may be reinstated without competitive examination to the:position held at date of- separation, or .to any other position within the same classifscatron:for.which the employee would have. been eligible of time of separation_ Former regular full -time City employees returning to City service. within the six (6) month period will be granted the full benefits they were receiving at Grrie _of separation. as i[ there was no break in service.. 2• An employee separated from tt)e City's employ for over six (6) rri treated as a new employee_ onihs who is reinstated shalt be 3_ The :City vi,itl reirisiate into ttie position.-trom which he/she has been promoted any employee who fails during -a proapotion10 which He/she has'been promoted_ 4. "Any employee who resigns without: proper notice or resigns during an investigatjon or disciplinary action will not be eligble for reinstatement_ S_ 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 .position as provided by law. Layoff Whenever it becomes. necessary` 'to reduce the number of employees due to tack of work, economic considera A ns ,.changes iii mission, technological changes, or as determined by•the Personnel Offices based .on .other factors :or wlien:a position :in /tie classified 'services .is to .be terriporar1y or permanently at fisfied,.the PerSonnet Officer wilt notify the Human. F2esources t7epartirii ni the number of employees to be:'laid off ,or tie names:.and number, of Positions fo be' abolished_, The. procedures set forth below is'to esfatlish-equiiable s[aridards io regulate sud'tayofts_ The City's.decis'wn to, reduce its work .force is'a management sight, thus no due process-.0f grievance Procedures apply, and the decision is not subject to "meet and "confer" requirements, These procedures apply only 10, regular employees (full or part.time) and probationary employees (initial or promotioriaf/iransfei)_ 7. tdentifieation_ The Per sonnet.Offrcer °on.the basis of -the administrative needs of the City determines the depai tments and positions subject.to layoff. 2_ Order of layoff_ 3TY OF ROHNERT PARK Page 27 of 39 'ersonnel Rules and Regulations UTY.OF ROHNERT PARK Personnel Rules and Regulations 3. 5_ a. Within -a classification, those employees who are probationary employees in their initial probationary period will be laid off first, followed by employees in .a . promotional or transfer probationary period_ b- The order of layoff for regular employees within a. department will be determined by considering business necessity, each employee's job performance and competence, and seniority_ i "Seniority" for purposes of this Section shall. be determined by- adding together all time spent in City service, in whatever capacity, expressed in terms of years, months, .and days_ The seniority calculation shat/ not include disciplinary time off without pay of time spent on unpaid leave (unless federal or state law requires it to be included in the seniority calculation)_ ii_ Once seniority, determinations have been made, layoffs are :made in reverse seniority order (.i_e- the most junior employees are laid off first). iii- Ties . in seniority shalt be resolved by the Personnel Officer, taking into account the past performance, disciplinary actions (if any), supervisor recommendations, and such other facts as will result in the City retaining the most qualified and efficient employees - Notice_ Employees.shall be given at least ten (10) business days written notice prior to the effective date of the pending layoff. A copy of the notice shall be retained in the employees personnel file. Exclusions_ to certain instances, there maybe exceptions made in the order of layoff outlined above_ These exclusions.would. be made whew. a. specialty position when qualifications for the position could not be. easily obtained through a.short orientation or,farmiliarization period.-:. b. transfer in lieu of layoff_' Within the affected department or departments, a regularemp[byee.who is scheduled for layoff may be offered a.voluntary reduction in classificationi to a lower level job classificatiow.provided helshe meets the minimum quualifications, and/or. obtairi proficiency through a short orientation period. c. a voluntary reduction by taking early retirement and/or `golden hand shake ". Retreat rightsivoluntary demotion in lieu of IayoN_ a. An employee who would otherwise be taiil 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 the position_ b., An employee who would otherwise be laid -off has .the right to retreat to another position in the same -elassifieation:series or: to any position ihe employee'.has previousty'held and for which the :employee is gt"ified:that `is 'occupied' by an employee..oi lesser seniority_ The result is that the more seo+or erripIoyee "bumps" the jusiror employee, wiio then is entitled ib the retreatldemotion rights set forth herein.. .c_ An employee who would: otherwise .be. laid off may request to be temporarily demoted to any vacant positron for which the employee is qualified-, " d_ An employee who wishes to exercise any of-the rights set forth.inthis.subsectiori S rnustso 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 ROtiNERT PARK €'erSOrurel 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 com probationary period in that position pleted the 6_ . Reinstatement fists_ have .The.names. of regular employees who have been laid off, including Those who accepted a demotion of -.retreated.to .another position are to be placed on a layoff reinstatement list by sen "resrity within the classification from which the employees were laid off- An employee's name remains on: this -.fist for -a ",period of one :(•t) :year -from date of layoff, an employee's name may be removed for any of the following reasons: a_ Reappointment.of the.employee to his /her form& classification b_ Notification from employee that he /she is no. longer interested in returning to the City. c_ Inabitijy to contact the employee by mail or 'phone at the employee's last known address in the employee's official personnel file- d- Rejection by the employee of an offer of employment within the same job classification. Failure to respond within five (5) business days of ltie offer shall be deemed a rejection. 7. • Offer of reinstatement.- if the position previously held by a laid off employee .becomes vacant, or if another Position within the same classification series becomes vacant, then the employee with the most seniority -on applieabte reinstatement list shaft be offered the vacant position. 8. Restoration of be upon reinstatement: When an employee is reinstated to employment after layoff, all- his "or. her prior service shalt.. be counted toward the calcutafion of leave accruals and . seniority_ Any unused sick leave Which the employee had accrued at the time of layoff shall be restored_: tf an. erriptoyee is reinstated 4o 'a, posifion in which he or she was serving a probationary Period at ihe'itme:ot ",layoff; . fl t�rr>e bn pe0 atpill previously. completed. prior to layoff shall probationary counted toward deieimirfing when the. piobaCiorrary period ends_ $�CTlON:7. tt�t('Tine,wrii�rc r.:.�� - - -- -. -- 4. lricotiy.em, le Activity - Certain. activities: are incornPP%le with ethical, effective employment with the City_ Ali City_emplpye acE. ibited from I. Participating iri improper political activity prohibited by the federal Hatch Act or State Law including the'Califorriia.'Covernment Code; pertinent provisions of 2. Using for private gain or advantage the influence of a City position or supplies of "the Ciity, 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 A. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have, business contacts vAth the City in excess of the Conflict of - Interest guidelines established in the Rohnert Park Municipal Code Chapter 2.60; 5_ authorize confidential inforrnatron to authorized; or anyone to whom issuance of such information has not been 6_ Participating in any t and.riient.or other activity, which will prevent an. employee from doing his /her City job. in an efficient, and. manner, is .illegal. pursuant to state. or federal la„w, or which aright :ITY OF ROHNERT PARK Page 29 of 39. 'ersonnel Rules and Regulations ',ITY OF ROHNERT PARK >ersonnO 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 best . their est energies and skills to their positions. - For this reason, City employees are prohibited from accepting outside employment 'that "could conflict with the best interests of. the City or interfere with the employee's ability. to perform his or. her City position. Examples of such-. prohibited outside employment include, but are not limited to: I- jobs /business conducted. during the employee's work hours with the City; 2_ jobs/business that prevent the employee. from being available for _necessary overtime or emergency work period outside his or her normal working hours when. such overtime or emergency duty is a regular part of his or her job; 3_ business conducted using City facilities, resources or equipment (including telephones; computers, supplies, etc.) SECTION 8 - DISCIPLINARY ACTION City .employees are expected to meet certain standards of job performance; interpersonal interaction, and conduct_ The City may discipline any employee whose conduct or performance fails- to. meet reasonable City standards, i_e_ for cause_ Discipline may be imposed for a single incident or for a pattern of conduct.. The specific discipline imposed is intended to focus the attention of the employee on'the.perfo mance or:conduct :problem and,: except incases of discharge, to encourage changes in behavior_ Disciplinary actions include but are not limited to :.counseling, oral reo6triar.d,- Written .reprinrand, reduction in . pay, suspension without pay, reassignment, demotion, and ischarge_ Althoiuehi,.the` City - generally applies the concept.of 'progressive discipline;" discipline may include any one or any - combination. of actions, and the actions need not necessarily be applied in a defined order_ Instead, the discipline imposed wilt be determined according to the severity .of the infraction(s), regardless of whether prioc'discipline.has'been unposed: -Only regular employees who have successfully completed their probationary period have the fight a to-hearing and appeal as described in this section. An employee not covered. by this Section maybe disciplined without .reference to these provisions; such an employee has no protected property interest in his or her errrployment_ A_ 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 toldereliction 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' Personngl.Milesand Regulations 8_ Disclosure of confidential personal information of another employee; 9_ Negtigerit or willful -damage to or waste of .public equipment, property or supplies: 10. improper or unauthorized use of City vehicles or equipment; 11 _ Misappropriation, theft, or eri�bezzlement of City property and /or funds- 12_ Unlawful harassm7eiit.or discrimination, or the failure to cooperate with the inve discrimination or oilier unlawful activities; stigation of harassment, 13_ Possession of an open container, use of, or being under the influence of alcohol, non - prescription or unauthorized narcotics or- controlled substances during work hours; 14_ Excessive tardiness or- absences, except in the case of approved leave; 15_ Absence without leave, not returning from an approved leave -of- absence or obtaining a leave -of.- absence under false pretense; 16_ Soliciting any. .favors or gifts from persons, concerns or corporations who have, or seek to have, business contacts with the City; 17_ Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have, Business contacts with the City in excess of the Conflict of Interest guidelines established in the Rohnert•Park Municipal Code Chapter. 2.60; 18_ Failure. to_observe-safety regulations and practices, including the use equipmeInt; of assigned personal protective 19.,. Discourteous, unprofessional or abusive treatment of the public. or other employees; 20.. Use of abusive language; 21_ Actual or threatened physical violence; . 22. Crpiiudion.(includirrg by plea. of guilty or nolo conlendere) of a felony or any crime involving moral turpitude; 23.. Conviction of a misdemeanor (including by plea of guilty or 171010 coniendere) that is of.a nature as to y to per adversely affect the employee's abilit form the duties and responsibilities of his or her position_ .Minor Disciptirie_ - All supervisors are authorized to implement :mina disciplinary measures. Minor disciplinary actions are not..*Wbject-to appeal_ Examples of.m nor discipline include the following: 1. Oral repEirnand_ An oral admonition 'to an employee whose conduct or improved.and which details the areas for improvement, the de Performance must be notice that failure to improve -could' result in- more serious- disciplinary 'action_e 'Oral reprimands are noted by the supervisor; but are not documented in the employee's personnel file. 2. Documented counseling_ A written memorandum. showing that the su employee to discuss a specific pervisor has met with the problem(s) or deficiency and which •sets forth the recommendations' given to the employee to address: the oroblem(s) or deficiency .in order to. improve performance. Although a copy may be sent to the employee's personnel frte,.documenled counseling memoranda are. typically maintained in the supervisors file. until they. are included..by .notation in the employee's formal performarnce..evaluafions_ .tTY OF RCHNERT PARK ' Page 31 of 39 ersonnel Rules and Regulations -ITY OF ROHNERT PARK Personnel Rules and Regulations 3. Written reprimand_ A format written notice to an employee stating the specific details concerning the subject of the reprimand, summarizing. previous related disciplinary action, if any, and.describir`ig the plan for improvement. A written reprimand shalt include. the date.of the reprimand acid a statement advising the employee that continued conduct or. performance at such levels may result in more serious' discipline, up to and including .discharge_ At the lime a. written reprimand -is issued, the ..employee is entitled to bring a representative of his or her choice. ' T:he'- 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 (tie.date of a rep.dMand. to submit his or her own rebuttal comments, which shall accompany the reprimand In the. employee`s personnel file_ 4_ Removal of minor discipline records. At the request of the employee, records of minor discipline will be removed from the employee's personnel file three (3) years after the date of the written reprimand or documented counseling_ Records will be removed provided the employee has received satisfactory performance reviews. in the subsequent three (3) year period from date of the written reprimand/documented counseling and no further discipline has been initiated_ The employee shalt initiate the request to remove records of minor discipline through his or her"Department'Head. The employee's Department Head shall coordinate this request through Human Resources to ensure the appropriate criteria has been met to remove the records_ . Nothing in this section is intended to prevent documentation of progressive discipline_ C_ Major Discipline - Major discipline may.only be implemented by Department. Heads: Types of major discipline include the following: 1. Suspension_ The temporary removal of an employee from the City'service without.pay for one (1) or more working days. "Working days" shall be determined -by reference to: the affected employee's normal work schedule_ 2_ Merit decrease. A pay step reduction where.performance falls , of the normal standards or where performance.is clearly inadequate in one or more critical job duties. 3. Demotion_ The removal of an employee from one position and reassignment fo.one of .lower grade or classification. A. Discharge_ The removal of an employee from City service when it has been determined -the employee has been given a reasonable opportunity to conform his or her.conduct to required behavior or performance standards and has failed to do .so, or where an employee has committed one or more serious offenses for which no other disciplinary measure is appropriate_ D_ Disciplinary Process -Major Discipline_ Any imposition of major discipline must_ follow the procedures set .forih 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 Noliice-of Intent: shall state. a_ The specific type of disciplinary action proposed; b_ The effective date of the action; c. The specific reason(s) or cause(s) for the actions; d_ A copy of all written materials upon which the action-is based and- e. Notice that, prior to the imposition of the major discipline, the employee has ":ii ght 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 39 Personnel Rules and Regulations C1TY-flE ROHNERT PARK Personnel Rules and Regulations major discipline should not be unposed_ A request for such a hearing must be submitted in writing within ten (10) working days of receipt of the Notice of Intent_ 2. informal hearing (i.e_ Skelly. hearing). At the employee's request, an informal hearing wit! beheld prior to the imposition of major..disciplihe. This hearing is not.an evidentiary hearing; but .rattier an Opportunity for the amp {ogee to present information as to why. "the proposed major discipline shquld not be imposed: Except by siipv{ation of the City and the employee, the. hearing shall -take -ptace 'within ten working (10). days of the employee s request for hearing; ,and it..may be' -rescheduled only once at the employee's request_ The following parameters'apply to the informal hearing a_ The hearing shall be conducted by a responsible person designated by ttie Personnel Officer_ b_ The hearing shall- include the employee, the employee's chosen representative(s) - (reasonable number), and others as directed by the hearing officer_ Absent extenuating circumstances; the employee's failure to appear waives his or her right to such 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, willing, or both, to bring forward facts or circumstances which may cause the charges to be revised or dismissed_ If the employee's. information is presented by his or her representative, all statements: made by the representative shall be .attributed to the employee as if made by him or ' er personally, and it is the employee's obligation to correct any misstatement(s) by the representative_ e_ Following the hearing, the hearing officer will make a written recommendation to the ©apartment (lead who issued the Notice of Intent as to whether the -proposed discip #ihe.should be imposed, modified, reduced or dismissed. 3:. Notice of discipline_ following the informal hearing, it requested, ,the same Departmeni.liead who issued the Notice of Intent shaft consider the hearing officer's recommendation :to. determine. how to .proceed_ :If he or she decides to dismiss the proposed discipline; written notice of ilia dismissal shaft be.provided to the employee as soon as-practicable. If the decision is to impose discipline either as Proposed or -in some modified br reduced form, a written. Notice of Discipline shal #Notice of Discipline shalt stale: t be prepared_ The a_ The specific type of disciplinary action that will be imposed; b_ The specific reasons) or causes) for.lhe.actions, setting-forth specific'facis.ttiat- forri�. €he basis for the decision; c. The effective date of the action; and d The applicable appeal rights available to the employee pursuant to!these Personnel Rules_ Disciplinary action becomes effective on'.the date stated in the. Notice of Disciplinary Action, notwithstanding an employee's timely request for an evidentiary hearing before;the'Pe onne Officer_ Appeal from Maior biscipline - Any--employee on whom major. discipline has `been imposed shatl'be entitled to an appeathearing.as set. forth below. . _ Timing_ An employee wishing to exercise the appeal . iights provided in :this Seetion..rnust .deliver a written Notice of Appeal to the Personnel Officer within ten (10) working days:-affer the dace of the Notice of Discipline_ ;iTY OF ROFtNERT PARK Page'33 of 39 'ersonnel Rules and Regulations ;1TY OF ROHNERT PARK 'ersonnel Rules and Regulations .2. Employee representation_ Employees-may represent themselves or be represented bylegal counsel or representative(s) of the employees recognized employee organization. 3. Evidentiary hearing_ An evidentiary hearing before, a neutral hearing officer shat) be arranged for 6y. the Assistant City Manager or his /her designee and .shall, absent'extenuating circumst ances,. be held within thirty (30) working days of the receiving the Notice of- Appeal_ The:hearing shall be closed and confidential. Prior to the. hearing, the Assistant City Manager or his /her designee shall supply the hearing officer with (1). the Notice of Intentand any-.attachments, (2) the Skelly. hearing officer's written recommendation, and (3) the Notice of Discipline and any attachments_ Other hearing procedures are as follows= a_ The employee's presence is required_ Failure to appear at the appeal hearing unless physically unable to do so shall be deemed a withdrawal of the appeal and a waiver of -any further right of administrative appeal. b. The hearing shall be stenographically recorded. c_ Any and all witnesses other than the City's representative shalt be excluded from the proceeding until.called to testify, except as mutually agreed to by the employee and the City's representative_ d. Order of hearirig shall be- i. The. City's representative, followed by the employee, may make preliminary opening statements_ . ii:. The'Citys representative may present oral or. documentary evidence,..or both, in support of the Giiy s positron; the employee may cross- examine all witnesses called by the City_ iii. 'The employee .may present oral or.documentary evidence, or both, in support of '.the employees position;" the City's representative may cross = examine all witnesses called' by the employee_ . iv. The City's representative, followed by the employee, may snake a closing statement_ e_ The ' hearing shall be conducted in an efficient manner conducive to determining the issues,. however, the technical rules of evidence do not appfy..Any relevant evidence maybe admitted if it is the sort of evidence on which responsible persons are accustomed to.retying in the conduct of serious affairs_ Oral evidence shall be taken orily upon oath or affirmation_ 'Hearsay evidence may be used for various purposes;. however, hearsay standing alone and property objected to shaft not 'be competent 'to, prove a charge. Irrelevant and unduly repetitious evidence may be excluded, 'as shall evidence 'that would violate other employees' rights to . privacy and confidentiality of their personal - information. The hearing officer (with advice - of appointed counsel, it necessary). shall . rule on ' any objections rYiade to "the admissibility of evidence or otherwise. relating to the conduct of the hearing_ t_ Following the conclusion of_ the: hearing, the hearing officer shaft :prepare.written findings and . recoirrmendations and provide them to-the City Manager, The- hearing officer may recornrhend changes to ttie proposed discip i ie. However, if the hearing officer finds that the .underlyfiig facts giving rise to the charges) are proved- by a preponderance of lhe: evidence, the hearing officer• may not recommend a reduction in discipline if reasonable minds could differ as'to the. proper level of discipline-' if the hearing officer recommends a. reduction in discipline,. he or she in . make a specific' • finding. that, reasonable minds could not differ. as to the:.appropriaie :level. of discipline and set forth the facts upon vVhich he or she based such finding_ If:the hearing officer finds that none of the charges are supported by the" evidence presented, the recommendation shall be that no disciplinary action be taken_ CITY OF ROHNERT PARK Page 34 of 39 Personnel Rules -and Regulations dTY•6F ROHNERT PARK PersonnO Rules and Regulations 4- City Manager's Determination. The hearing officer's findings .and recommendations shad be forwarded to the City Manager for his. or .her . review - The City .Manager .wilt follow the recommendations of the hearing officer unless he or she can' show cause that the ,hearing.o officer abused his or her discretion- a- The City Manager shall review the entire record. (including .the Notice of Intent, the record of Sketty proceedings, the Skelly officer's written recommendation; . the Notice of Discipline; the evidence and record at the evidentiary hearing, and the appeal hearing offic •s= vvrifien frndi 9,S and recommendations). ii. 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 Managers decision shall be' in writing -arid shall be final It shat{ include a copy of the appeal, hearing officer's findings and recommendations and shall be filed as a permanent record in the employee's personnel fit.. . d- Notice of the City Manager's decision, along with a copy of both 1he,City Managers decision and The appeal hearing officer's findings and recommerxtaiions; shalt be served on the employee by personal service or by registered, or certified mail. The notice shall also include a statement of the employee's right to seek judicial review within 90 days pursuant to Code of Civil "Procedure 7094.6. . use of paid administrative leave- Nothing in this Section is- intended to abrogate the City's right to place an employee on paid administrative leave during the investigation of circurnslances that could lead to the imposition of discipline or for any other reason that is in the Citys best interests - 3_ Disciplinary Action for specific employees of the Department of Public - Safety_, Under California Government Code Section .'3300, 'the State of California enacted the Public Safety Officers Procedural Bill of Rights (FOBRA)_ As defined under Cafifoinia Government Code Section 3301; the 130sitions within the City that are covered by the POBRA are the following: Public, Safety -Office; Trainee, Public Safety Officer; Public Safety Sergeant, Public Safety Supervisor (LT), PubKc-Safety:Division Commander, and Director of Public Safety, tt shall be the policyW the -City to extend these same rights and privileges to all non - safety members of the Rohnert Park. Public Safety Officers' Association except those that by their very nature could only apply to peace- officers and /ot Officers' ci 'AN. ",subs ' ent revisions to Califomia Code sections 3300 et s" and. Cotirt interpretations of iliese statutesahafE`aRso be _ binding on the City with respect to non safety merimbers of the Rohrtert Park. � Pubtie .Safety. Officers' i4SSOCiai�On- . For safety and non - safety employees alike, .the phrase 'locker, or other space for storage:iitat rrtay be.. assigned to. him" as used in Government Code Section 3309 shall include, but is not liriited 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 shah prelude the City •from tempotarily.re- assigning.a depaitinentat asset to meet a necessary operational requirement_ '-ITY OF ROf .NERT PARK Page 35 of 39 'ersonnel Rules and Regulations :IVY OF ROHNERT PARK. •ersonnel Rules and Reputations GLOSSARY - DEFINITION OF TERMS WMINISTRATIVE LEAVE - Absence with full pay and benefits, ordered by a Department Head or the City Aanager, when the City's interests require the employee to be away from the job_ %NNIVERSARY DATE - The date, which signifies the completion of each year of service by a regular employee n 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 rosition for which the City is currently recruiting. APPOINTMENT - The selection of, and acceptance by, an applicant to. a position in the City service in accordance with these rules. WERAGE SCORE - Means the combined average of all,--relevant, converted, and weighted scores obtained by j candidate for a given classification or-positiori title_ CALENDAR DAYS -.Consecutive days within a specific time frame and shall include . weekends and holidays_ - ANDIDATE - An applicant for City employment who. meets. the.minimum qualifications of the position applying 'or and has been selected to begin the 'tesling process or a person on an eligibility list_ CFRA - California Family Rights Act,'state law established in 9993, 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 individual appointed by the City Council to manage all City operations; departments, policies and-rules"-'. CiTY SERVICE - The entire emptoymerit- system of the city- CLASSIFICATION - A.-group of.pdsibons. sufficiently similar in respect to duties and responsibilities, that the same descriptive classification title may be. used to designate each position allocated to that class_ The same minimum qualifications may be,irequired of incumbents of positions in the class, and the same examinations. may be used to choose.-qualified employees: CLASSIFICATION SERIES -. A group of classifications sharing similar functions but differing as to level of complexity, difficulty and--responsibility_ CLOSE RELATIVE - .Relative shall me.an.spouse, father,.father -in -taw, mother; mother -in -law, brother, txottier, in -law, sister, sister' - in-law, child ('including stepctiitdten), stepparents, aunts, uncles, grandparents,. grandpafent- . in -law, grandchildren and relationships in loco-parentis-and close personal relationships, .with the approval of the City Manager or. his/her designee_ COMPENSATION - Anysalary, fee, or allowance paid to an employee for performing the duties and exercising the responsibilities of.a position_ 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 Page'-36 of 39 Personnel Rules and Regulations C1TY.OF ROH'NERT PARK ,Personnel Rules and Regulations DOMESTIC PARTNER —Two adults who have chosen -.to share one another :s fives in an .intimate and committed relationship: of mutual caring: To:be'eligible -both parties must file a Declarati Partnership with the'Cafifornia Secretary of State_ on of Domestic ELIGIBLE — A person whose name is on an employment list- ELIGIBILITY LIST — A fist that contains the names of qualified candidates, for a specific classification, who.have.. completed all examination processes and are ranked, in order of the score or rating received_ EMPLOYEE - Any person appointed to fill an authorized employment. position in the . City. service_ Elected officials, volunteers, unpaid interns, and those appointed to adyisory boards, committees, and c not employees_ The categories of employees are- ommissions are Regular: A regular employee is one who has passed probation and holds a regularly authorized position With benefits. Regular employees may only be disciplined for cause. There are 3 types of regular employees: 1. Regular full -time: a person who holds a budgeted (40) forty- hour*per week position, with-duties and responsibilities that do not end .in a specific time period, and who is entitled to full benefits with. the City pursuant to the applicable Memorandum of Agreement or applicable Outline of Management and Confidential Units_ Benefits for the 2_ Regular pars -time: a person who hold s a budgeted position, with duties and responsibilities that do not end in a specific time period; works for a specific number of hours, as defined, and lifts out a timecard, receives a salary and benefit package, proportioned to their agreed fixed work ratios- (20 hours per Week receives 50% benefits; 30 hours per week receives 75 %o benefits)_ 3. Specially- funded: a person who works in a. regular full'-- than or part -time poitio funded by sources. other City revenues (e.g_, federal or state grants.)_ sn Probationary= A probationary emptoyee is someone in a regular frill- or part -time position who isaerving a trial period as- provided in Sections 4 and 5_ Special: A special employee is one hired for a special purpose to meet the needs of the. City_ Special employees 'include: 9.: Provisional employees — i.e_ an employee-who meets the minimum qualifications for a position and who is appointed on an interim basis until the vacancy can befitted_ 2. Seasonal employees — A temporary employee appointed to positions of limited duration. of not more Citys benefit programs_ than six ne months within a twelve (?2) month period_ Seasonal 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 Special 'Employees maybe dismissed from such positions or disciplined with Or without cause_ :NTRY .L: EVEL — The initial position in a class series - .XAMINATION — The .process utilized' to evaluate the relative skills. and 'knowledge of an app licant f rospective employment or current' employee who has. applied, fora change in classification and/or Promotion- Fry OF ROHNERT PARK . ersomel Rules and Regulations Page 37 of 39 :riY OF ROHNERT.PARK 'eisonnel Rules and Regulations techniques utilized may consist of,- but not hmited to any of the following: traditional paper and pencil tests, ierforrnance tests, skills test, or oral assessment. =XEMPT — An employee in a specific classification who, according to the Fair Labor Standards Act (FLSA) is. exempt from the City's overtime policies . and is compensated for overtime through Administrative leave, accumulated per specifications outlined in the MOA's and/or Outline of. Benefits. for the Management and confidential units_ FAMILY AND MEDICAL LEAVE POLICY - Provides for employee leave during times `of illness -or faintly emergencies. In compliance with California Family Rights Act and Federal Family Medical Leave Act_ FMLA - Family Medical Leave Act, federal law established in 1993 and administered by the Department of Labor_ GRIEVANCE - A .complaint by an employee relating to wages, hours, and working -conditions_ Disciplinary action cannot be grieved- LEAVE-OF-ABSENCE WiTHOUT PAY - Time away from work, which the employee has requested, and the City Manager or his designee has approved, for which the employee is not paid and has the right to return to the same position held before the leave was granted. MEMORANDUM OF AGREEMENT (MOA) A binding agreement on wages, hours, benefits, and other conditions of employment for designated classes between the bargaining units and .the City that have been adopted by the City Council_ NOLO CONTENDERE -Latin for "no contest." In a criminal proceeding, a defendant may .enter a plea of nofo. corftendere, 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 -4O hours in a 7 day period, as outlined in the MOA's and/or Outline of Benefits for the Management and Confidential Units_ . PE?L -: Pregnancy Disability Leave, California law 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 her, designee. POSITION - A specific office or employment provided by the budget, whether occupied or vacant, callingfor the performance of certain duties. Positions may be regular full- time, regular part -time, seasonal,- hourly, and/or temp6rary_ 'PROBATIONARY- PERIOD _ A working test period during which an employee is required to demonstrate illness for the position to which appointed by actual.performance in the position_ PROMOTION -The movement of a qualified employee from one.class to another *class with.a higher maximum rate.of pay and greater-job responsibilities - REINSTATEMENT - The re- employment of an employee who has regular or probationary status in a class, who has been. laid off, is returning `from an approved leave requir "mg; reinstatement,, 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 ROHNERT PARK ,Personnel Rules and Regulations RPEA — Rohnert Park Emptbyees' Association_ The. tabor bargaining and representation unit for administrative, technical and support employees_ RPPSOA — Rohnert Park Public Safety Officers, Association: The tabor bargaining and representation un Public Safety Sergeants; Public . Safety Officers, Public Safety Dis it for c patchers, Communiations Supervisor, Community Services Officers, Part -Time Dispatchers, and Public Safely Officer Trainees. RULES - The Personnel Rules and Regulations -of the City of Rohnert Park as contained in this document_ SALARY t A regular employees base pay as approved by the City Council in the classification and salary plan i_e_ pay rates and ranges, computed on a monthly basis. SALARY RANGES — The rate(s) assigned to a classification in the pay rates and ranges. SEIU — Service Employees International Union. Local 707_ The labor bargaining and representation unit for certain City employees in the Department.of Public Works, TEMPORARY APPOINTMENT. - An .appointment of limited duration. in the absence of available eligible employees or applicants_ TERMINATION - The ending of any employment relationship between an employee and the City. TRANSFER - A change of an employeeTrom one position to another position in the same class or another class " laving essentially the maximum salary limits, and involving the performance of simlar duties_ NORKDAY Is a Iwenty -four (24) hour period beginning at the same time each calendai day. IVORKWEEK - Means any. forty (40) hour- period -within- seven "(7) consecutive days starting vJith the same :atendar day each week_ 2ESOLUTIONS EFFECTING PERSONNEL POLICY .RESO 79 -22 — EMPLOYEE GRIEVANCE PROCEDURE -RESO 92 -78 — EQUAL OPPORTUNITY EMPLOYER RESO 92 -79 = POLICY AGAINST DISCRIMINATION BASED'ON DISABILITY — ADA ' RESO 93 -38 _ AGAINST HARASSMENT RESO 99 -01 — ELECTRONIC. MEDIA USE RESO 91 -192 — ANTI -DRUG POLICY RESO 87 -117 — DEPENDENT CARE ASSISTANCE PROGRAM RESO 00 -10 - EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004) RESO 03-71 — PROVIDING FOR CONI INUAT{ON OF SALARY AND BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING RESO 03 -235 — OUTLINE OF THE GnY'S COMPLIANCE THE HEALTH INSURANCE NCE WIT PORTABILITY AND ACCOUNTABILITY ACT OF 1996 H ITY OF RON'NERT PARK ersonnel Rules and Regulations Page 39-of 39 . .. . . ........ ... RESOLUTION NO.-2001 - 270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF ROHNERT PARK AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE, ACTIVE EMPLOYEES WHEREAS, the City has established a system and pool Whereby employees of the City of Rohnert Park may donate and use vacation hours to alleviate financial hardship in catastrophic circumstances; and WHEREAS,.. - the. City. Wishes to expand the program to include the donation of compensatory hours; and WHEREAS. the ,City agreed in the meet and, confer process with employee groups to. establish. a CatasjrQp hic 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- Prog;-am for eligible active employees. BE IT * FURTHER RESOLVED that the City hereby establishes this Catastrophic Leave Pro gram and that the'City Manager is authorized to administer said program. DULY AND REGULARLY ADOPTED this 11 th day of December, 2001. CITY - CITY OF ROHNERT PARK Mayo FLORES: AYE KELLEY: AYE SPERO: * . AYE VIODAK-MARTINEZ. AYE MACKENZIE: AYE AYES: (5), NOES: (0) ABSENT: (0) ABSTAIN: (0) s EXHIBIT "A" AMENDED CATASTROPHIC LEAVE PROGRAM Purpose The purpose of the .Catastrophic Leave Program is lo establish a system and pool whereby, employees of the. City of Rohnert Park may donate vacation and compensatory hours to a pool for an employee in need who meets the criteria to obtain Catastrophic- Leave to alleviate financial hardship_ Catastrophic Leave Pool All regular full -time and part -time employees of the City of Rohnert Park may donate up to forty (40) hours of his /her vacation time per calendar year into the Catastrophic Leave Pool... The donating employee must have a vacation leave.balance of at least forty (40) Hours after the donation of vacation time. All regular, full -time and part-time employees of the City of Rohnert: Park may donate up to forty (40) hours of his /her compensatory time. per calendar year into the Catastrophic Leave Pool. The donating employee is not required to have a compensatory time balance after the donation of the compensatory time: All time donated wilt be credited on an hour4or -hour basis regardless of- hourly pay differential_ The Personnel Office ' irvill . 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 ail other benefits available for which they are entitled. Catastrophic Leave. shall not be used in conjunction with any other long -term or short- term disability programs, Social Security' or Workers' Compensation Benefits. Catastrophic Leave may not be used to extend a date of retirement.. Should this program conflict with any other provision of law, applicable Government Codes or CalPERS regulations, the City will comply with those provisions and not the Amended Catastrophic Leave Program. The City reserves the right to require the employee to provide medical or other verification that they have met the criteria established in this policy. While an employee is utilizing Catastrophic Leave, they do not accrue any vacation or sick leave benefits. :Leave Requests Any employee who meets the above criteria may submit a request for Catastrophic Leave through his /her Department Head to the City Manager. The City Manager will determine eligibility and approve /deny leave requests as. outlined in this policy_ Determinations made by the City Manager may be appealed to the Leave Appeal Committee within ten (10) calendar days of the City Manager's decision. A majority decision of-the-Leave Appeal Committee is final and binding. The Leave Appeal Committee shall consist of one representative from each of the following bargaining units: Rohnert Park Employees' Association (RPEA), Rohnert Park Public Safety Officers' Association (RPPSOA), and the Service Employees' International Union (SEIU). Leave requests may be approved for. up to, 480 Hours per employee, per catastrophic need event_ APPROVED BY RESOLUTION NO. 97-165 AMENDED BY RESOLUTION NO. 01- 270 , DATED 12/11/01 RESOLUTION NO. 2007-178 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK RESCINDING RESOLUTION NO. 96-203 AND ESTABLISHING AN ALTERNATE BENEFIT PROGRAM FOR ELIGIBLE ACTIVE EMPLOYEES WHEREAS, the City provides health insurance for eligible, active.employees and.contributes towards medical insurance premiums for health insurance; and WHEREAS, some eligible, active employees have health insurance coverage from a source other than the City, resulting in dual coverage; and WHEREAS, the City Council adopted Resolution No. 96 -203, establishing a dual health insurance premium reimbursement program policy for employees who have health insurance from a source other than the City; and WHEREAS, the City wishes to continue providing. an alternate benefit program to eligible, active employees who have health insurance from a source other than the City, to benefit both the employees and the City; and WHEREAS; the City and representatives of its employee groups have determined to define the amount of the alternate benefit within. memoranda of agreement. NOW, THEREFORE; BE IT RESOLVED that Resolution No. 96 -203 is rescinded. BE IT FURTHER RESOLVED that i) 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, CAPERS, and health insurance providers. Eligibility and continuation of the Alternate. Benefit Program is subject to compliance with applicable laws, rules and contracts. BE IT FURTHER RESOLVED that the City hereby establishes this alternate benefit program effective December 1, 2007 and the City Manager -is authorized to administer said program. DULY AND REGULARLY ADOPTED this 23`a day of October, 2007. CITY OF ROHNERT PARK t Mayor ATTEST: R i'ONBkr Pq�t r W 0a amity Clerk 62 C'aIIFOANIA' - w BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE ' VIDAK- MARTINEZ: AYE AYES:. (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) j i E i {