2010/07/27 City Council Resolution 2010-79RESOLUTION NO. 2010-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE MEMORANDUM OF AGREEMENT FOR THE
ROHNERT PARK PUBLIC SAFETY MANAGERS ASSOCIATION (RPPSMA)
WHEREAS, on March 23, 2010, the City Council considered the Summary of Terms
and Conditions of Agreement (Agreement) with the Rohnert Park Public Safety Managers
Association (RPPSMA);
WHEREAS, the City Council concurred to defer approval of the Agreement until staff
prepared a Memorandum of 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
RPPSMA.
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 Managers Association (RPPSMA), 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 RPPSMA.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 27th day of July, 2010.
CITY OF ROHNERT PARK
Mayor
MEMORANDUM OF AGREEMENT
Between
THE CITY OF ROHNERT PARK
and the
ROHNERT PARK PUBLIC SAFETY MANAGERS
ASSOCIATION
(RPPSMA)
Effective January 1, 2010 - December 31, 2011
Exhibit A
TABLE OF CONTENTS
1. HOURS, DAYS AND PERIOD OF WORK ....................................................... ..............................5
2. HOLIDAYS ............................................................................................................ ..............................5
2.1 Holidays Observed ....................................................................................... ..............................5
2.2 Proclaimed Holidays .................................................................................... ..............................6
2.3 Day of Mourning ............................................................................................ ..............................6
2.4 Alternate Day Off ........................................................................................... ..............................6
3. VACATION ...... ...............................
................................ ............................... 6
3.1
Vacation Schedule ........................................................................................ ..............................6
3.2
Maximum Accrual ......................................................................................... ..............................6
3.3
Vacation Sellback ......................................................................................... ..............................6
3.4
Eligibility for New Hires ............................................................................... ..............................7
3.5
Vacation Benefit ............................................................................................ ..............................7
3.6
Vacation Schedule Based on Seniority ................................................... ..............................7
4. MILITARY TRAINING ........................................................................................ ............................... 7
5. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS .......... ............................... 8
5.1
Fringe Benefit Administration ................................................................... ..............................8
5.2
Administrative Leave ................................................................................... ..............................8
5.3
Sick Leave ....................................................................................................... ..............................9
5.4
Catastrophic Leave ...................................................................................... ..............................9
5.5
Hearing Aid Benefit ...................................................................................... ..............................9
5.6
Paternity Leave ............................................................................................. .............................10
5.7
Family and Medical Leave ......................................................................... .............................10
5.8
Light or Limited Duty .................................................................................. .............................10
5.9
Americans with Disabilities Act ............................................................... .............................10
5.10
Employee Death ........................................................................................... .............................10
5.11
Medical and Health ...................................................................................... .............................10
5.12
Dental Coverage ........................................................................................... .............................11
5.13
Vision Coverage ........................................................................................... .............................11
5.14
Adoption Benefit .......................................................................................... .............................12
5.15
Death /Bereavement Leave ......................................................................... .............................12
5.16
Funeral Benefit ............................................................................................. .............................12
5.17
Long -Term Disability Insurance ............................................................... .............................12
5.18
Life Insurance ............................................................................................... .............................13
5.19
Deferred Income ..........................................................................:................ .............................13
5.20
Retired, Deceased and /or Permanently and Totally Disabled Employees .................13
5.21
Education and Training .............................................................................. .............................15
5.22
Longevity and Incentive Pay ..................................................................... .............................16
5.23
Retirement Programs .................................................................................. .............................16
5.24
401(a) Retirement Plan ............................................................................... .............................17
5.25
Dependent Care Assistance Program .................................................... .............................17
5.26
Health Care Tax -Free Dollar Account Program .................................... .............................17
5.27
Counseling Services ................................................................................... .............................17
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page //
6. SAFETY EQUIPMENT ..................................................................................... ............................... 18
6.1 Replacement Equipment ............................................................................ .............................18
6.2 Personal Equipment .................................................................................... .............................18
6.3 Safety Glasses and UV Eye Protection (Sunglasses) ........................ .............................18
7. COMPENSATION ADJUSTMENTS ................................................................ .............................18
7.1 Compensation / Compaction Adjustments ........................................... .............................18
7.2 Compaction Trigger .................................................................................... .............................20
7.3 Critical Incident Call Out Pay .................................................................... .............................18
7.4 Public Safety Vehicle Use .......................................................................... .............................19
7.5 Court Time Pay ............................................................................................. .............................19
7.6 Police and Fire Services ............................................................................ .............................19
7.7 Paychecks ...................................................................................................... .............................20
7.8 Fiscal /Budgetary Impacts .......................................................................... .............................20
8. ALCOHOL AND DRUGS ................................................................................. ............................... 20
8.1 Alcoholic Beverages or Other Drugs ...................................................... .............................20
8.2 Off Duty Hours .............................................................................................. .............................20
8.3 Prescription Drugs ...................................................................................... .............................20
9. SMOKING .......................................................................................................... ............................... 21
9.1 Non - smoking Pay Premium ...................................................................... .............................21
9.2 Non - smoking Status .................................................................................... .............................21
9.3 Condition of Employment .......................................................................... .............................21
9.4 Employees Hired After July 1, 1993 ........................................................ .............................21
10. RESIDENCY ........................................................................................................ .............................21
11. GRIEVANCE POLICY AND PROCEDURE .................................................. ............................... 21
12. USE OF CITY FACILITIES .............................................................................. ............................... 22
12.1 Use of Sports Center and Lap Swimming Program ............................ .............................22
13. MANAGEMENT RIGHTS ................................................................................ ............................... 22
14. WORK CURTAILMENT (NO STRIKE CLAUSE) ........................................ ............................... 22
15. TERM OF MOA ................................................................................................... .............................23
15.1 Effective Date ................................................................................................ .............................23
15.2 Termination Date .......................................................................................... .............................23
16. INVALIDATION ................................................................................................. ............................... 23
16.1 Suspension of Agreement ......................................................................... .............................23
16.2 Replacement ................................................................................................. .............................23
17. NON - DISCRIMINATION .................................................................................. ............................... 23
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 111
18. PERSONNEL FILES ........................................................................................ ............................... 23
19. EMPLOYEE PERFORMANCE EVALUATIONS .......................................... ............................... 23
20. PERSONNEL RULES & REGULATIONS .................................. .............................24
21. SUCCEEDING AGREEMENT .................................................. .............................24
22. LAYOFFS ............................................................................ .............................24
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page IV
MEMORANDUM OF AGREEMENT
The City of Rohnert Park (City) recognizes the Rohnert Park Public Safety Managers'
Association (RPPSMA) as the labor bargaining and representation unit for Public Safety
Commanders and Public Safety Lieutenants.
Pursuant to Government Code Section 3500 et. seq., the representatives of the
RPPSMA 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.
1. Hours, Days and Period of Work
The primary workweek for management employees shall be a 4110 or 9180 Schedule.
The hours, days and period of work shall be as follows:
(a) Regular Days of Work for the 4110 Schedule -The regular workweek for
employees assigned to the 4110 Schedule shall consist of four (4) consecutive
workdays of ten (10) hours followed by three (3) consecutive days off. As may be
determined from time to time by mutual agreement of an employee and his /her
supervisor, the employee assigned to the 4110 Schedule may volunteer for a
workweek other than defined in this section.
(b) Regular Days of Work for the 9/80 Schedule - The regular workweek for
employees assigned to the 9/80 Schedule shall consist of four (4) consecutive
workdays of nine (9) hours during one seven (7) day regular work period,
followed by four (4) consecutive workdays of nine (9) hours plus one workday of
eight (8) hours during the second seven (7) day regular work period. As may be
determined from time to time by mutual agreement of an employee and his /her
supervisor, the employee assigned to the 9/80 Schedule may volunteer for a
work week other than defined in this section.
(c) Regular Work Period -A Regular Work Period shall be the seven (7) day work
period beginning at 12:01 a.m. on Monday and ending at 12 midnight on Sunday.
(d) In order to provide services to the community at all times during the day and
week, the City will establish shifts. The City retains the authority to determine the
regular start and end times and days of shifts and the authority to transfer an
employee from one shift to another.
2. Holidays
2.1 Holidays Observed
The holidays observed by the City will be:
"New Years Day ", January 1, 2010 & January 1, 2011
The third Monday in January, "Martin Luther King, Jr. Day" January 18, 2010
& January 17, 2011
Friday proceeding "President's Day," February 12, 2010 & February 18,
2011.
The third Monday in February, "President's Day," February 15, 2010 &
February 21, 2011.
The last Monday in May, "Memorial Day," May 31, 2010 & May 30, 2011
"Independence Day," July 5, 2010 and July 4, 2011
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 5
The first Monday in September, "Labor Day," September 6, 2010 and
September 5, 2011
"State Admission Day," September 9, 2010 & September 9, 2011
The second Monday in October, "Columbus Day," October 11, 2010 &
October 10, 2011
"Veteran's Day," November 11, 2010 & November 11, 2011
The fourth Thursday in November, "Thanksgiving Day," November 25, 2010
and November 24, 2011
Day after "Thanksgiving," November 26, 2010 & November 25, 2011
12:00 Noon to 5:00 p.m. on December 24, 2010 &
December 23, 2011
"Christmas Day," December 25, 2010 & December 26, 2011
2.2 Proclaimed Holidays
Every day proclaimed by the President, Governor or Mayor of the City as a
public holiday and made applicable to City employees.
2.3 Day of Mourning
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.
2.4 Alternate Day Off
At the discretion of the Director of Public Safety, holiday pay may be
authorized for Public Safety Lieutenants and Commanders who are directed
to work on any holiday observed by the City. Holiday Pay may be approved in
lieu of granting the employee an alternate day off. Holiday Pay is calculated
on a straight time basis.
3. Vacation
3.1 Vacation Schedule
Vacation schedule shall be as follows:
Years of Service
Monthly Vacation Rate
Annual Vacation
(Inclusive)
Hours
1 to 10 years
12.500 hours
150
11 to 15 years
15.333 hours
184
16+ years
18.667 hours
224
3.2 Maximum Accrual
(a) Vacation may be accumulated to a maximum of four hundred (400) hours.
3.3 Vacation Sellback
(a) Once per calendar year, employees shall have the option to sell back to
the City up to one -half of the employee's maximum, annual accrual of
time. Requests for vacation sell back must be submitted on or before
November 15. The rate of the sell back shall be the employee's current
and regular salary on the day the sell back request is approved. The sell
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 6
back shall occur during a pay period that is no more than 30 days from
the day the sell back request is approved. To qualify for vacation sell
back, employees must have accrued at least eighty (80) hours of vacation
time as of the day the sell back request is approved and must have used
a minimum of eighty (80) hours of vacation time within the twelve (12)
months prior to the day the sell back request is approved.
(b)The City and RPPSMA recognize the operational need for members to be
available 24 hours per day, 7 days per week. Accordingly, the City and
RPPSMA agree that the furlough program instituted for other positions
presents an operational challenge for the Public Safety command staff.
To assist the City in its period of fiscal crisis, for the period of this MOA,
the members of the RPPSMA shall reduce their compensation by 120
hours per calendar year by eliminating members' ability to convert 100
hours of administrative leave (Section 5.2(b)) and 20 hours of vacation
leave to cash.
3.4 Eligibility for New Hires
Employees must work a minimum of six (6) months before any vacation
earned will be credited to said employee.
3.5 Vacation Benefit
Vacation benefits shall be earned and accrued to employees who are actively
working or are taking paid leave due to an approved City program or benefit.
Vacation benefits do not accrue to employees on absences from work for
over ninety (90) consecutive days whereas the employees become eligible
for the City's long -term disability program for either industrial or non - industrial
injury or sickness.
3.6 Vacation Schedule Based on Seniority
Preference for vacation scheduling will be on the basis of seniority within
classification.
4. Military Training
The City grants military leave to all employees for service in a uniformed service
in accord with Federal law, 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 compensation in accordance with
Section 395.01 of the California Military and Veterans Code. In addition, the
employee shall have continued benefits as provided by Federal and State law. 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.
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 7
5.
Fringe Benefits, Other Than Vacation and Holidays
5.1 Fringe Benefit Administration
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 MOA. 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.
All benefits provided under this section (Section 5) are subject to the
characteristics of each individual benefit program.
The value or availability of the benefits provided in this MOA as originally
worded or as amended from time to time may depend on their tax treatment
by the State or Federal government or the decisions of other government
agencies or departments, such as, but not limited to, the California Public
Employees' Retirement System (CaIPERS). The City will endeavor to obtain
the most favorable treatment legally possible from these other governmental
entities. However, the City makes no representation concerning the value of
such benefits to unit members or how they will be taxed or otherwise treated
by other agencies or departments. The City's obligations under this MOA are
limited to the direct cost of providing the salary and benefits as described in
this MOA. The City shall have no additional financial obligation, even if the
tax or other treatment of such salary or benefits by other agencies or
departments reduces or eliminates their value to the employee.
(a) The City will continue. all employee benefits and pay the appropriate
premiums, as specified in the applicable section(s) of this MOA, due for
an employee out on an authorized leave while an employee is being
compensated by vacation accrued time, Administrative Leave, industrial
sick leave time and /or non - industrial sick leave time.
(b) Employee may continue benefits during an authorized leave without pay
for the period of the authorized leave by making payment to the City for
said benefits.
(c) If there is any inconsistency between this section and the Personnel
Rules and Regulations, the Personnel Rules and Regulations shall
govern.
5.2 Administrative Leave
(a) The employees in RPPSMA shall receive up to one - hundred fifty (150)
hours of Administrative Leave per calendar year. Any unused
Administrative Leave hours on a calendar -year basis shall not be carried
over. Use of Administrative Leave is unrestricted.
Up to one - hundred (100) hours of earned, but not taken, Administrative
Leave may be paid in cash or its equivalent value applied towards an
approved benefit program. Requests for pay of this leave shall be
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 8
submitted to the City Manager. Employees are limited to one request per
calendar year. Requests must be submitted on or before November 15.
Payment shall be made no more than 30 days subsequent of the
approval of the request by the City Manager.
(b) The City and RPPSMA recognize the operational need for members to be
available 24 hours per day, 7 days per week. Accordingly, the City and
RPPSM agree that the furlough program instituted for other positions
presents an operational challenge for the Public Safety command staff.
To assist the City in its period of fiscal crisis, for the period of this MOA,
the members of the RPPSMA shall reduce their compensation by 120
hours per calendar year by eliminating members' ability to convert 100
hours of administrative leave as described in Paragraph (a) and 20 hours
of vacation leave (Section 3.3 (b)) to cash.
5.3 Sick Leave
(a) Sick leave benefits for regular employees hired before July 1, 1993 shall
be as provided in the City's most current "Disability Wage Plan ", a copy of
which is attached hereto. Each employee covered by this MOA shall be
provided a copy of the aforementioned "Disability Wage Plan."
(b) For regular employees hired after July 1, 1993, the following sick leave
program will be provided:
Sick Leave Accumulation
Hours Earned
Monthly
Hours Earned
Annually
Maximum Hours 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 5.3 (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 5.3 (a) above. Employees may convert up to
a maximum of 1,200 hours. Any unused half -pay benefits will be
forfeited and not subject to conversion under this section.
2. Once an employee voluntarily elects to participate in this sick
leave program, he /she shall remain in same with no return
privileges.
5.4 Catastrophic Leave
Leave benefits shall be provided as outlined in City Council Resolution No.
2001 -270, adopted December 11, 2001.
5.5 Hearing Aid Benefit
F?PPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 9
That the City shall reimburse employees up to eighty percent (80 %) with a
lifetime maximum of nine hundred dollars ($900) for hearing aid devices.
5.6 Paternity Leave
Regular employees may use up to three (3) days accrued sick leave for
paternity leave, following the birth of a child.
5.7 Family and Medical Leave
Employees may request an unpaid leave of absence under the California
Family Rights Act (CFRA) and /or the Federal Family Medical Leave Act
(FMLA). Requests for family and medical leave shall comply with the
requirements of the CFRA and /or the FMLA.
5.8 Light or Limited Duty
Employees injured or ill from either on-the-job (industrial) or off - the -job (non-
industrial) causes may, at the City's sole discretion, be assigned to light,
limited, or modified duty. They may be assigned duties that differ from the
normal work duties of the employee. Such light, limited, or modified duty shall
terminate when the employee is physically able to perform all his /her normal
work duties. By virtue of this paragraph, City does not intend to create any
permanent light, limited or modified positions.
5.9 Americans with Disabilities Act
The City recognizes it has an obligation under law to comply with the
Americans with Disabilities Act (ADA).
5.10 Employee Death
Upon death of an employee, any unused vacation and Administrative Leave
shall be paid to the employee's surviving spouse or beneficiary. In the
absence of a spouse or beneficiary, any unused vacation and Administrative
Leave shall be paid to the primary beneficiary specified by the employee on
the employee's enrollment /beneficiary card for City provided life insurance.
5.11 Medical and Health
Employees will have a choice of Kaiser Foundation Health Plan, Inc.,
California North Region (S Coverage); or Blue Cross Prudent Buyer Plan or
any other appropriate health plan offered by the City.
(a) Effective December 1, 2009, the City agrees to contribute towards medical
insurance premiums an amount equal to 80% of the lowest cost plan at the
employee's enrollment level. High Deductible Health Plans (HDHP) with
Health Savings Accounts (HSA) shall not be used as the lowest cost plan.
(b) As a result of any Federal or State law enacted subsequent to the effective
date of this MOA, City shall make an effort to maintain the level of benefits as
provided for in this MOA.
(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
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 10
shall be provided as outlined in City Council Resolution No. 2007 -178,
adopted October 23, 2007.
5.12 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, which for
the most part, but with some exceptions, provides the following City
coverage:
(a) One hundred percent (100 %) of the cost of diagnostic and preventative
care.
(b) One hundred percent (100 %) of the cost of basic dental services.
(c) One hundred percent (100 %) of the cost of crowns and restorations
(d) One hundred percent (100 %) of the cost of prosthodontics.
(e) Two thousand dollars ($2,000) maximum benefit for dental services per
person per year.
(f) One hundred (100 %) of the cost of orthodontics with a three thousand
five hundred dollar ($3,500) lifetime maximum benefit per person.
Dental service coverage shall be based upon the Delta Dental rates and
services provided by Delta Dental providers. The City will pay any co-
payment required as a result of services provided under City dental program
by a Delta Dental provider.
5.13 Vision Coverage
The City will provide, at no premium cost to employees, the 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
photochromic lenses. Frames of the employee's choice will be provided
up to a maximum of one hundred and twenty dollars ($120). Employee
will receive a twenty percent (20 %) discount on any out -of- pocket costs
incurred for frames.
(c) In lieu of glasses, contacts with an allowance of one hundred and five
dollars ($105). The allowance applies to the cost of contact lenses and
the fitting and evaluation exam. The exam is in addition to the vision
exam.
(d) A second pair of prescription glasses or contact lenses every twelve (12)
months subject to a twenty dollar ($20) copay.
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 11
(e) Contact lenses, in addition to glasses, every twelve (12) months subject
to a fifty - dollar ($50) copay. One day disposable contacts are covered up
to a four hundred dollar ($400) maximum allowance.
(f) Primary Eye Care with urgent or non - surgical eye care benefits subject to
a five - dollar ($5) copay per office vision. Examples of primary eye care
include, but are not limited to, exams to diagnose pain in the eye, exams
to monitor the progress of pre - surgical cataracts, diagnosis and tests for
loss of vision, and treatment and management of glaucoma.
(g) Laser surgery discount (PRK, Lasix /Custom Lasik).
5.14 Adoption Benefit
That the City provide a six hundred dollar ($600) per child cash benefit to
employees adopting minor children to help offset the cost of adoptions. This
cash benefit does not include the cost of adopting step - children, i.e. children
of present spouse.
5.15 Death /Bereavement Leave
(a) A regular employee shall be paid up to three (3) days of bereavement
leave when there is a death in their immediate family.
(b) Additionally, a regular employee may, subject to approval of the
supervisor, use two (2) additional days of the employee's accrued sick
leave if the employee must travel out of the area, i.e., at least two
hundred and fifty (250) miles one way.
(c) Immediate family in this case means: spouse, domestic partner, father,
father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -
in -law, child (including step - children), step - parents, aunts, uncles,
grandparents, grandparent -in -law, grandchildren and relationships in
loco- parentis, and close personal relationships, with the approval of the
City Manager or his /her designee.
(d) It is understood that the City's most current "Disability Wage Plan," a copy
of which is attached hereto, shall be amended to reflect the changes as
outlined in this MOA.
5.16 Funeral Benefit
City will provide fifty percent (50 %) co- payment, not to exceed two thousand
dollars ($2,000), for funeral expenses for an employee or their spouse only.
This funeral benefit will be considered secondary to and shall be coordinated
with any and all other funeral benefits that may be payable to employee or
spouse.
5.17 Long -Term Disability Insurance
The City shall provide, at no premium cost to employees, long -term disability
income protection. insurance coverage. The basic benefit shall be sixty six
and two thirds percent (66 2/3 %). In no event shall the employee receive
RPPSMA MOA L January 1, 2010 through December 31, 2011 Page 12
more than full salary. The benefits provided under this section are subject to
the characteristics of the individual program.
(a) The waiting period for the above long -term disability benefits plan shall be
ninety (90) days.
5.18 Life Insurance
(a) The City will provide, at no premium cost to employees, one hundred
thousand dollars ($100,000) life insurance coverage provided to
employees and five thousand dollars ($5,000) for dependents, and which
coverage includes accidental death and dismemberment benefits.
(b) The City will allow, subject to the insurance carrier's approval, any
employee to purchase, at his or her own cost additional life insurance
coverage under the City's group program.
5.19 Deferred Income
The City will continue to make available to the employees a deferred income
program, now being administered by Nationwide and International City
Management Association (ICMA) or a similar program with another institution
acceptable to City.
5.20 Retired, Deceased and /or Permanently and Totally Disabled Employees
(a) The City agrees to make a medical insurance premium contribution
toward the applicable early retirement premium or Medicare - eligible
premium as outlined in the attached "Insurance Premium Contribution
Rate Schedule ". Coverage will extend to eligible dependents. The City
will provide such contributions only:
To regular full -time and regular part -time City employees hired before
June 30, 2007 who have at least fifteen (15) years of continuous service
with the City and who retire upon reaching retirement age or thereafter
and are receiving a retirement allowance from CaIPERS. Said
employees shall be referred to as "Retired Employees."
(a) Employees with less than 15 consecutive years of service with the
City receive no City fringe benefits, i.e. medical, dental, vision, life
insurance at retirement
(b) Calculation of premium will be prorated for regular, part -time
employees.
(c) Employees must retire concurrent with termination of service with
the City to be eligible for this benefit (no vesting).
(d) The City's share of the premium costs for all retirement benefits as
described herein shall not exceed the amount described in the
attached "Insurance Premium Contribution Rate Schedule ", and
shall not include payment of Medicare B premiums.
2. To regular full -time or regular part -time employees hired before June 30,
2007 who:
(a) Have at least ten (10) years of continuous service with the City,
and;
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 13
(b) Are retired forthwith from the City of Rohnert Park service into
CaIPERS at the time of permanent or total disability, and;
(c) Are permanently and totally disabled from their occupation and
unable to perform with reasonable continuity the material duties of
their own occupation. After twenty -four (24) months if gainful
employment is obtained in an occupation in which the material
duties are reasonably fitted by education, training, experience and
compensation to the occupation at the time of disability, the
employee shall no longer be considered permanently and totally
disabled from their occupation. In such circumstances, benefits
shall be discontinued.
(d) Said employees shall be referred to as "Retired Employees"
except for the circumstance noted above in which the employee is
no longer permanently and totally disabled. Coverage will extend
to eligible spouse, registered domestic partner, and dependents.
3. To the surviving spouse, registered domestic partner, and legal
dependents of a regular full -time or regular part-time employee hired
before June 30, 2007 who died while a City employee after ten (10) or
more years of continuous service with the City. Said employee shall be
referred to as a "Deceased Employee."
4. The City agrees to provide /offer and pay to regular full -time or regular
part-time employees hired before June 30, 2007, the premium(s) as
provided for active employees at time of retirement for life insurance,
dental care, and vision care benefits for retired employees and eligible
dependents. Calculation of premium will be prorated for regular, part-
time employees.
5. Benefits provided under this section shall be coordinated with
Medi - Care, Medi -Cal, and any other welfare program available of which
said benefit coverage shall be considered primary and City provided
coverage in turn considered secondary.
6. ' All benefits provided under this section are subject to the characteristics
of each individual benefit program. The life insurance to be provided will
be the life insurance plan amount in effect and in accordance with the
provisions of the life insurance program as of the date of employee's
retirement.
7. The benefits provided under this section will continue for such retired
employees and their spouse, registered domestic partner, and legal
dependents, if any, while said retired employee is alive. In the event of
the retired employee's death, coverage will continue for the spouse or
registered domestic 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
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 14
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.
10. Any spouse or registered domestic partner of a deceased employee or
deceased retired employee who is receiving benefit coverage as
provided under this section, becomes employed and is covered by
medical, health, dental or vision care benefits by his /her employer, said
coverage provided by City will be considered secondary to the coverage
provided by the spouse's or registered domestic partner's employer, and
his /her employer's coverage shall be considered primary.
(b) Regular City employees hired after June 30, 2007 shall be eligible for the
benefits described below in lieu of the benefits described in Sections 5.20(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.
5.21 Education and Training
The City will provide an education and training assistance program to
provide reimbursement to employees for tuition and book costs only for
attending and completing, with a satisfactory grade (C or better), courses
in the adult high school program, at Santa Rosa Junior College, at
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 15
Sonoma State University or any other educational. institution acceptable
to the City. All courses or classes for which reimbursement will be
requested must be previously approved by the Supervisor and the City
Manager prior to the start of said classes and approval requested on the
appropriate City form. The maximum allowed amount reimbursable for
tuition is one thousand dollars ($1,000) per instructional period plus books
and materials, with a total reimbursable amount not to exceed three
thousand dollars ($3,000) per calendar year.
5.22 Longevity and Incentive Pay
(a) The City shall provide longevity pay to employees based on continuous
years of service, as defined in Section 5.20 (a8) as follows:
Completed Years of Service
Pay Percentage Increases
5 years
2%
For each year completed thereafter
Y2%
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 St and July 1St only and not on an employee's employment
anniversary date.
Longevity Pay Program as outlined in Section 5.22 shall not apply to
personnel hired after October 10, 1995.
(b) The City will provide P.O.S.T. Certification Pay to Commanders and
Lieutenants based upon receipt of a Supervisory or Management
P.O.S.T. Certification. The amount of the Supervisory P.O.S.T.
Certification Pay will be seven percent (7 %) of base salary per month.
The amount of the Management P.O.S.T. Certification Pay will be eight
and one half percent (8.5 %) of base salary per month. The incentive
payments provided above are not cumulative. Only one of the two
P.O.S.T. Certification Incentives will be paid per employee.
5.23 Retirement Programs
(a) The City will continue to provide the California Public Employees'
Retirement System (CaIPERS) three percent (3.0 %) at fifty (50)
retirement program to local safety member employees first instituted July
1, 2007.
(b) The City will continue to provide the "one -year highest compensation"
optional provision in its contract with CaIPERS.
(c) The City will absorb any employer contribution rate increases for local
safety members required by CaIPERS.
(d) The City will continue to modify the CaIPERS Annual Cost -of- Living
Allowance Increase (Section 21335) to provide for a 2.0% annual
maximum cost -of- living increase for employees hired after December 31,
2007. Employees hired prior to December 31, 2007 shall be eligible for
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 16
the 5.0% annual maximum cost -of- living allowance increase as defined in
Section 21335.
(e) The City pays nine percent (9 %) of the employee's contribution into
CalPERS for all local safety members of the management unit as
indicated in Section 5.23 of this MOA.
The City shall report nine percent (9 %) of the EPMC to CalPERS as
additional compensation for all local safety members of the management
unit.
The City will report the value of the EPMC in accordance with all
applicable provisions of the Government Code, law and requirements of
the CaIPERS.
(f) The City and RPPSMA agree that if the City should reach agreement with
any other employee bargaining unit concerning a modification of the
formula used to calculate CalPERS annuities for sworn personnel (i.e. 3%
@ 50), this MOA shall be reopened for purposes of discussing the
formula in this MOA.
(g) The City makes no representation concerning the value of this benefit or
how it may be taxed or treated by other agencies either presently or in the
future. The City's obligation under this section is limited to the direct cost
of providing the benefit as described. The City shall assume no further or
additional financial obligation even if an outside agency imposes or
determines there to be a financial obligation for the City or the employee.
5.24 401(a) Retirement Plan
If eligible under guidelines, members of RPPSMA may participate in the
City's 401(a) retirement plan.
5.25 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.
5.26 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.
5.27 Counseling Services
Payment by the City of any unreimbursed costs, up to a maximum City
reimbursement of one thousand dollars ($1,000) per household per calendar
year, for professional counseling service charges which are not paid for by
City - provided or other insurance which the employee may have.
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 17
6. Safety Equipment
6.1 Replacement Equipment
City will continue to furnish replacement equipment as needed for the
equipment that the City is required to furnish per the Government Code. Said
equipment consists of department- issued weapons, holster, belt and
ammunition, nightstick, handcuffs, safety vests, raincoats and rain boots.
Equipment furnished by City shall remain the property of City with the
exception of any personal purchases made by present officers.
6.2 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.
6.3 Safety Glasses and UV Eye Protection (Sunglasses)
City will reimburse for primary prescription safety glasses to those employees
required by City to wear them. Such employees will not be entitled to receive
a first set of glasses under the general vision care program referred to in
Section 5.13 but may utilize the general vision care program for subsequent
pair(s) of glasses, 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 Lieutenants
and Commanders authorized to operate Public Safety vehicles.
7. Compensation Adjustments
7.1 Total Compensation & Compaction Analysis
The City and RPPSMA desire to ensure that the difference between the total
compensation of Lieutenants and the total compensation of Sergeants is
sufficient to encourage rather than discourage Sergeants from considering
promotional opportunities. Total compensation is defined to be the cost to
the City to provide salary, stipends, incentives, other negotiated monetary
agreements (with the exception of Longevity Pay, Shift Differential Pay &
Specialty Assignment Pay & In- District Pay), health benefits, and
contributions to the California Public Employees Retirement System.
7.2 Compaction Trigger
Effective June 30, 2011 the compaction agreement below goes into effect.
To avoid salary compaction between Public Safety Sergeants and Public
Safety Lieutenants, the City agrees to maintain the current 13.41%
separation between the total compensation of a Step E Public Safety
Sergeant (89S) and the total compensation of a Step E Public Safety
Lieutenant (93M). (See Attachment A for detail.) If agreements are made
between the City and RPPSOA resulting in an increase in Sergeants' salaries
after June 30, 2011, this compaction trigger will be in full force and effect and
the City will adjust the steps of the Lieutenant salary range to maintain the
13.41% total compensation difference between a Step E Public Safety
Sergeant (89S) and a Step E Public Safety Lieutenant (93M).
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 18
7.3 Critical Incident Call Out Pay
For those Public Safety Lieutenants and Commanders who are called out for
critical incidents, they shall be entitled to time and one -half with a minimum of
three (3) hours. Critical incidents are defined as events that occur very
infrequently and would include incidents such as a major structure fire or a
police homicide event. The overtime must be approved by the Director of
Public Safety. The overtime provision will generally include call -out for the
Lieutenants and Commanders on days other than during their regular days of
work as may be determined from time to time by mutual agreement of an
employee and his /her supervisor. The call back would not include routine fire
call -out or other police assignments normally expected of Lieutenants and
Commanders in the normal course of their assignments. This extra time
spent on City business is compensated by the Administrative Leave hours
provided each year.
7.4 Public Safety Vehicle Use
In 1981 the City initiated a "Personalized Vehicle Program" in the Department
of Public Safety. The City can, at any time and 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 "Personalized Vehicle Program" shall not
be considered or construed as a fringe benefit at the present time or at any
time in the future.
7.5 Court Time Pay
Department of Public Safety employees shall receive the equivalent of three
(3) hours pay if required to testify in court on off -duty time.
7.6 Police and Fire Services
(a) Public Safety Commanders and Lieutenants may volunteer to work police
and fire service shifts. The Director of Public Safety, at his /her sole
discretion and only if he /she deems it necessary, may approve the use of
Public Safety Commanders and Lieutenants to work police and fire
service shifts under the following terms and conditions:
1. Commanders and Lieutenants are paid at the point in the pay range of
a Lieutenant which is closest to their usual hourly rate during the time
they work shifts in the police and fire services.
2. All time worked, and payment for time worked, shall be pre- approved
by the Director of Public Safety or his /her designee.
3. The work by Commanders and Lieutenants in the fire services shall
not interfere or conflict with the regular work of the Lieutenant as
determined by the Director of Public Safety.
4. The Director of Public Safety may assign Commanders and
Lieutenants to work patrol, as operationally necessary.
5. The receipt of pay for time so worked by Commanders and
Lieutenants does not defeat or otherwise affect their exempt status
under the Fair Labor Standards Act.
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 19
8.
(b) Management Compensation Pay
The City shall pay seven percent (7 %) of base pay as management
compensation pay. Management compensation is payment to employees
for special skills, knowledge, and work assignments performed during
normal workday, critical incidents, and other work conditions.
Management compensation is neither for overtime, nor in lieu of other
benefits and is reported to CaIPERS as special compensation.
Effective June 30th, 2011 this compensation section will end as it will be
included the percentage total in the "Compaction Trigger" as listed in
section 7.2
7.7 Paychecks
Paychecks shall be distributed by City to employees by noon on payday.
7.8 Fiscal /Budgetary Impacts
If the State of California fiscal crisis continues and substantial funds are
extracted from the City or sales tax revenues or other major revenue sources
decline to a point where the City must consider a reduction in staffing, City
may re -open this MOA to address salary issues.
Alcohol and Drugs
The City agrees to continue to work together to assist any employees who have
an alcohol, alcohol related, drug or substance abuse problem. It is mutually
acknowledged that continued cooperative efforts would give employees a much
better opportunity to recover from this very serious health problem.
Since certain City employees are required to drive City vehicles, to think clearly
and act responsibly as well as use various types of equipment, and it is known
that drinking alcoholic beverages or taking certain drugs may slow a person's
reflexes and ability to think clearly, the probability of having an accident is
increased after drinking alcohol or taking certain drugs. The City recognizes that
this situation could place the employee as well as co- workers and the public at
risk of injury.
8.1 Alcoholic Beverages or Other Drugs
Alcoholic beverages, or other drugs which affect an employee's ability to
drive or function safely, shall not be used by employees during their assigned
regular workday, nor while on assigned standby duty.
8.2 Off Duty Hours
If an employee who has been drinking alcohol or using a drug which may
impair the employee's ability to drive or function safely receives a call to
return to work during off duty hours, the employee must decline the request to
work.
8.3 Prescription Drugs
Employees using prescription drugs that 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.
RPPSMA MOA 11 January 1, 2010 through December 31, 2011 Page 20
9. Smoking
9.1 Non- smoking Pay Premium
In recognition of the nation -wide concern with use of tobacco and the
relationship it has to disease, City agrees to continue to provide a twenty -five
dollar ($25) /month pay premium to employees hired before July 1, 1993 and
who refrain completely from the use of tobacco in any form. Any employee
receiving the pay, premium for not using tobacco and who starts using
tobacco, shall rebate to City all paid non - smoking premium paid by the City to
said employee during the immediate twelve (12) months preceding.
9.2 Non - smoking Status
Employees hired with a condition that they not smoke shall be required to
remain non - smokers throughout their employment. A non - smoker 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.
9.3 Condition of Employment
The City intends to hire new employees with the clearly expressed condition
of employment that they refrain from smoking. The City acknowledges its
right to take appropriate disciplinary actions should any such employee hired
after the effective date of this MOA 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.
9.4 Employees Hired After July 1, 1993
The City acknowledges that due to its commitment to hiring employees with
the clearly expressed condition of employment that they refrain from smoking,
that employees hired after July 1, 1993 shall not receive a twenty five dollar
($25) /month pay premium for not smoking.
10. Residency
All sworn RPPSMA personnel shall receive an additional $150 per month "In-
district" Pay 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 from
any one of the Rohnert Park Public Safety stations. The Director of Public
Safety will determine eligibility for "In- district" Pay.
11. . Grievance Policy and Procedure
11.1 RPPSMA 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.
RPPSMA MOA 11 January 1, 2010 through December 31, 2011 Page 21
11.2 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 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.
12. Use of City Facilities
12.1 Use of Sports 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 12.1. 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.
13. Management Rights
Except as limited in this MOA 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 for 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 MOA; 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 layoff 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.
14. Work Curtailment (No Strike Clause)
Under no circumstances shall any employee individually or collectively cause,
sanction, honor or engage in any strike, sit -down, stay -in, sick -out, slow -down,
speed -up, work to rule or any other type of job action, curtailment of work,
restriction of production or restriction of service during the term of this MOA.
RPPSMA MOA 11 January 1, 2010 through December 31, 2011 Page 22
15. Term of MOA
15.1 Effective Date
This MOA is to become effective on January 1, 2010.
15.2 Termination Date
This MOA will terminate on December 31, 2011.
16. Invalidation
16.1 Suspension of Agreement
If during the term of this MOA, any item or portion thereof of this MOA 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 MOA 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 MOA shall not invalidate any remaining portion that shall
continue in full force and effect.
16.2 Replacement
In the event of suspension or invalidation of any article or section of this
MOA, City agrees, that except in an emergency situation, to arrive at a
satisfactory replacement for such article or section.
17. Non - Discrimination
City acknowledges that in receiving the benefits afforded by this MOA, 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.
18. Personnel Files
Employees or their duly authorized representative have the right to inspect his or
her personnel file maintained on him or her by the City. Employees have the right
to respond in writing to anything contained or placed in their personnel file and
any such responses shall become part of their personnel file.
19. 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 days after the evaluation interview.
20. Personnel Rules and Regulations
City Agrees to meet and confer with RPPSMA regarding any updates or changes
to its Personnel Rules and Regulations.
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 23
21. Succeeding Agreement
Negotiations for the period commencing January 1, 2012 shall begin on or before
August 1, 2011, by which time RPPSMA 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.
22. 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 December 31, 2011.
CITY OF ROHNERT PARK
John Dunn
Interim City Manager
Date
By:
Mayor
Resolution No:
Attest:
Judy Hauff, City Clerk
Approved As to Form:
Assistant City Attorney
ROHNERT PARK PUBLIC SAFETY
MANAGERS' ASSOCIATION (RPPSMA)
Jack Rosevear, RPPSMA Rep. Date
Jeff Taylor, RPPSMA Rep. Date
Patrick Strouse, RPPSMA Rep. Date
Vince Amato, RPPSMA Rep. Date
RPPSMA MOA 0 January 1, 2010 through December 31, 2011 Page 24
The following are incorporated in this agreement by reference:
Attachment A — Compaction Agreement
Attachment B — Insurance Premium Contribution Rate Schedule 711110- 6130111
City Council Resolution No. 79 -22, adopted February 13, 1979 - Grievance Policy and
Procedure
City's most current "Disability Wage Plan" as updated by City Council Resolution No.
92.174, adopted October 27, 1992
City Council Resolution No. 2007.178, adopted October 23, 2007 - Alternate Benefit
City Council Resolution No. 97.200, adopted November 10, 1997 — CalPERS Employer
Paid Member Contributions
City Council Resolution No. 2001.270, adopted December 11, 2001— Catastrophic Leave
City's Personnel Rules & Regulations
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 25
►7
D
Dependent Care Assistance Program, 17
Ei
Education and Training, 15
Death /Bereavement Leave, 12
Employee Death, 10
Adoption Benefit, 12
Family and Medical Leave, 10
Alcohol, 20
Funeral Benefit, 12
Alcohol and Drugs
Health Care Tax -Free Dollar Account Program, 17
Alcoholic Beverages or Other Drugs, 20
Hearing Aid Benefit, 9
Off Duty Hours, 20
Life Insurance, 13
Prescription Drugs, 20
Longevity and Incentive Pay, 16
Alcoholic Beverages or Other Drugs, 20
Long -Term Disability Insurance, 12
Alternate Benefit, 10
Medical and Health, 10
Americans with Disabilities Act, 10
Alternate Benefit, 10
Employee Death, 10
Paternity Leave, 10
C
Retired, Deceased and /or Permanently and Totally
Employees Hired After July 1, 1993, 21
Disabled Employees, 13
Catastrohic Leave, 9
Retirement Plan, 401(a), 17
Compensation Adjustments, 18
Retirement Programs, 16
Court Time Pay, 19
Sick Leave, 9
Critical Incident Call Out Pay, 19
Sick Leave Accumulation, 9
Fiscal/Budgetary Impacts, 20
Vision Coverage, I 1
Paychecks, 20
Funeral Benefit, 12
Police and Fire Services, 19
Light Duty, 10
Public Safety Vehicle Use, 19
G
Condition of Employment, 21
Longevity, 16
Counseling Services, 17
Grievance Policy and Procedure, 21
Court Time Pay, 19
Critical Incident Call Out Pay, 19
H
D
Health, 10
Health Care Tax -Free Dollar Account Program, 17
Death /Bereavement Leave, 12
Hearing Aid Benefit, 9
Deceased Employees, 13
Holidays, 5
Deferred Income, 13
Alternate Day Off, 6
Dental Coverage, 11
Day of Mourning, 6
Dependent Care Assitance Program, 17
Holidays Observed, 5
Drugs, 20
Proclaimed Holidays, 6
Hours, Days and Period of Work
E
9/80 Schedule, 5
Education, 15
I
Effective Date, 23
Employee Death, 10
Incentive Pay, 16
Employee Performance Evaluations, 23
Invalidation, 23
Employees Hired After July 1, 1993, 21
Replacement, 23
Suspension of Agreement, 23
F
L
Family and Medical Leave, 10
Fiscal /Budgetary Impacts, 20
Lap Swimming Program, 22
Fringe Benefits, 8
Life Insurance, 13
Administration, 8
Light Duty, 10
Administrative Leave, 8
Limited Duty, 10
Adoption Benefit, 12
Longevity, 16
Americans with Disabilities Act, 10
Long -Term Disability Insurance, 12
Catastrophic Leave, 9
Counseling Services, 17
M
Death/Bereavement Leave, 12
Deferred Income, 13
Management Rights, 22
Dental Coverage, I 1
Medical, 10
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 26
Military Training, 7
N
Non - Discrimination, 23
Non- smoking Pay Premium, 21
Non - smoking Status, 21
O
Off Duty Hours, 20
Paternity Leave, 10
Paychecks, 20
Permanently and Totally Disabled Employees, 13
Personal Equipment, 18
Personnel Files, 23
Police and Fire Services, 19
Prescription Drugs, 20
Public Safety Vehicle Use, 19
10
Replacement Equipment, 18
Residency, 21
Retired. Employees, 13
Retirement Plan, 401(a), 17
Retirement Programs, 16
S
Safety Equipment, 18
Personal Equipment, 18
Replacement Equipment, 18
Safety Glasses, 18
Saftety Equipment
Safety Glasses and UV Eye Protection
(Sunglasses), 18
Sick Leave, 9
Sick Leave Accumulation, 9
Smoking, 21
Condition of Employment, 21
Employees Hired After July 1, 1993, 21
Non - smoking Pay Premium, 21
Non - smoking Status, 21
Sports Center, 22
Succeeding Agreement, 24
Sunglasses. See Safety Glasses and UV Eye Protection
Suspension of Agreement, 23
Term of Outline, 23
Effective Date, 23
Termination Date, 23
Termination Date, 23
Training, 15
T
U
Use of City Facilities, 22
Sports Center and Lap Swimming Program, 22
UV Eye Protection, 18
U
Vacation, 6
Benefit, 7
Eligibility for New Hires, 7
Maximum Accrual, 6
Schedule, 6
Schedule Based on Seniority, 7
Sellback, 6
Vision Coverage, 11
W
Work Curtailment (No Strike Clause), 22
RPPSMA MOA ❑ January 1, 2010 through December 31, 2011 Page 27
MOA BETWEEN THE CITY OF ROHNERT PARK THE RPPSMA
ATTACHMENT "A"
COMPACTION ANALYSIS
This Compaction Analys establishes the baseline total compensation comparison
between Lieutenant and Sergeant and incorporates an agreed -upon set of
currently available stipends.
Percent Difference 13.41%
*formerly "Chief Fire Officer" stipend.
"Current Benefits Package is the same between positions.
Prepared on 7/23/2010
SERGEANT
LIEUTENANT
Base Salary
7714.58
9302.42
Stipends
POST
9.0`Yo
8.5%
Captain
4.0%
Engineer
2.5%
EMT
2.0%
Bilingual
2.5%
BA Degree
2.8%
Management Compensation*
7.0%
Total Comp **
$ 9,473.50
$ 10,744.30
Percent Difference 13.41%
*formerly "Chief Fire Officer" stipend.
"Current Benefits Package is the same between positions.
Prepared on 7/23/2010
APPENDIX B: INSURANCE PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1109 - 6130/11
Ongoing
Ongoing
City contribution
monthly City
monthly City
formula at time of
Lowest employee-
contribution to
contribution to
retirement is:
only premium cost
Lowest employee +1
retiree premium:
retiree premium:
80% of the lowest
at time of
premium cost at
Enroll retiree
Enroll retiree
cost premium. I
retirement
I time of retirement I
only.
&eligible others. .
$0%
$415.41
$830
Al
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 OFPURPOSE
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_ Citymeans the City of Rohnert Park_
c. Employee means any'city.employee; regardless.ofstatus.
d_ Grievance means 'a complaint or.dispute by-an employee; group of employees,
or a recognized employee organization conceming the interpretation or
application of any matter falling within the scope of this grievance procedure_
e. Grievant means the party who h'as 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 altemative appeals. procedures have
Page 3
been provided such as performance 'appraisals,, demotions, suspensions, and
dismissals. Disputes concerning exclusive city`rights with respect to mattes of
general legislative or managerial. policy do not constitute grievances under this
procedure. The nature of these exclusive- city rights 'are described in Section
3.e. below.
b. A grievance may be initiated by an employee, jointly by a group of employees,
or by a recognized employee organization.
c_ Employees who are in units represented by a recognized employee
organization may choose to represent themselves or be represented by the
recognized employee organization at any stage of this grievance procedure.
Employees who are not in a represented unit: may choose to represent
themselves or be represented by any layperson. or employee organization.
Neither the grievant party nor the city may be represented by legal. counsel.
d. No employee or recognized employee organization shall be interfered with,
intimidated; restrained, coerced, or discriminated against for exercising .these
_grievance rights.
e. Nothing in this grievance procedure. shall be construed to restrict any legal or
inherent exclusive city rights 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 otit. its mission in emergencies; and exercise
.complete control and discretion over its organization and technology. of
performing its work.
ARTICLE 11 — INFORMAL GRIEVANCE PROCEDURE
SECTION 4 GENERAL
a. It is the mutual responsibility of employees, employee organizations,: and
management to resolve grievances informally and at the lowest practicable
:level of management, whenever possible.
b. Informal procedures must be exhausted prior_ to initiation of the formal
grievance procedure.
SECTION 5 STEP ONE — .IMMEDIATE SUPERVISOR
a_ The grievant shall first present the grievance orally to his /her immediate
supervisor in an informal meeting. The grievant may request such a meeting at
any reasonable time, and the supervisor shall meet within five (5) working days
after such request. in the meeting the .grievant shall fully explain the grievance
and the solution desired: The supervisor shall present an informal, verbal
decision with reasons therefore to the grievant within five (5) working days after.
the meeting.
b. Any grievant whose grievance is not resolved to his/her satisfaction may
institute a format grievance procedure. Such formal ..procedure shall conform
with the steps and. provisions prescribed in Articles III and IV_
Page 4
a.�
ARTICLE III — FORMAL GRIEVANCE PROCEDURE
SECTION 6 GENERAL
a_ All the formal grievances shall be in writing_ A m
supply of'grievahce for shall
be maintained in each department and shall be :readily accessible to all
employees and recognized employee organizations_
b_ Each. level-of management upon receipt of a formaf:grievance. shall notify the
recognized employee organization (if any.) which' represents the, employees of
the unit from which the grievance .originates conceming_ the,.timesand places of
all grievance proceedings_ The highest level of management involved shall
notify _the appropriate recognized employee organization(s) In Wr. 'ing prior to
implementation o€ . any grievance settlement which affects -..the. rights or
conditions of employees they represent.
SECTION 7 STEP TWO— INTERMEDIATE SUPERVISOR
a_ The grievant may appeal the immediate supervisor's decision by completing
Section 2 of the grievance form and filing it with. the appropriate intermediate
supervisor within five (5) working days_
b_ The intermediate supervisor shall within ten (1.0) working days investigate the
grievance, discuss the grievance with the grievant , and /or representative as
requested, render a decision in writing on. the grievance, form together with the
reasons therefore, and return the form to the grievant_
SECTION .'B: 'STEP THREE - DEPARTMENT•HEAD
a_ The: grievant: may .appeal the intermediate supervisor's 'decision by completing
Section.3 of. the grievance fonn-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.tem (10) working days
investigate the grievance, discuss the grievance with tale grievant and /or the
grievant's representative as requested, render a decision in writing on the
grievance form together with the reasons therefore, and return .the .form to the
grievant_
SECTION 10 STEP FIVE - GRIEVANCE APPEALS COMMITTEE
a. The grievant may appeal the City Manager's decision 'by completing Section 5
of the grievance form and filing it with the Personnel Office within ten (10)
working days.
b. Upon receipt of a Step Five appeal, the Personnel Office shall .notify the
members of the Grievance Appeals Committee_ The Grievance Appeals
Committee shall then schedule the appeal for hearing not later than ten (10)
working days from the receipt of the grievance and shall forthwith notify the
Page 5
grievant and -his/her representative of the time and place at which the appeal
will be considered.
c_ The Grievance Appeals Committee shall conduct a hearing,:.and shall. hear all
witness, testimony and evidence from both sides and shalt render a written
decision on. the grievance form together with reasons therefore and return the
form to the grievant, through the Personnel Office, within ten (10) working days.
A complete tape recording and /or transcript shalt, be kept for all Grievance
Appeals Committee hearings_ The cost of any.transcript or transcript o€ 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. to 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 'I'I COMBINING GRIEVANCES
An employee shall include all current grievances in one grievance procedure_ To the degree
practicable, grievances. shall not be duplicated. If several grievants wish to present
grievances which are the same or substantially similar, such grievances shall be joined in one
proceeding by mutual .agreement of the. grievant or grievants representative :anal the
Personnel Department. Where there is ,no mutual -agreement to join grievances, the. same or
substantially similar , grievances shall be processed. sequentially, by appropriate unit, in the
order filed and time limitations will be held in abeyance pending - complete processing of
earlier complaints.
SECTION 12 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 shalt justify appeal to the
next step of the grievance procedure.
SECTION 14 TIME OFF
a. When practicable, -proceedings shall be held within the employees' normal
working hours_ If held at other than the employees' normal working hours, the
employee shall be entitled to an equivalent number of hours off on an hour for
hour basis.
Page 6
0
b. Reasonable time off from usual duties shall be accorded to employees for the
purposes of meeting with employee representatives, preparing and
investigating grievances, presenting grievances, serving as a representative of
a recognized employee organization. at a grievance procedure, or representing
a grievant, provided that before leaving his /her usual duties the employee shall.
obtain permission from the. immediate supervisor involved. Such permission
shall- not. be unreasonably withheld.
SECTION 15 PRIVACY
All grievance procedures shall be conducted in closed sessions, ,except that specified
observers may be admitted by mutual agreement of the parties. involved
ARTICLE V — GRIEVANCE APPEALS COMMITTEE
SECTION 16 COMPOSITION AND SELECTION
The Grievance Appeals Committee shalt consist of three members: Each committee member
shall serve for two (2) years and until selection of a successor. Committee members shall be
selected as follows:
a. One city employee selected by recognized employee organizations acting
jointly.
b. One city management member selected by the City Manager.
c. One lay chairperson selected by recognized employee organizations and the
City Manager acting jointly.
SECTION 17 ALTERNATE MEMBERS
An alternate for each of the three (3) principal Grievance Appeals Committee members shall
be selected to serve .for the same- period as that of their respective principals. Alternate
members .shall be selected in the same manner as principals except that no alternate.
member shall be from the same .city department or, appropriate unit as his /her respective
principal_ Alternate members shall serve in the place of .their respective principals when the
principal is unavailable, when the principal abstains from serving, and when the principal is
from the same city department of appropriate unit in which the grievance originates.
SECTION 18 COMMITTEE PROCEDURE
The Grievance Appeals Committee shall meet on call of its chairperson or of the Personnel
Office. Deliberations of the committee shall be informal and shall provide a full and fair
hearing of the grievance and proposed solutions. The city shall provide the committee with
suitable facilities and reasonable secretarial .support_ Each .party shall bear its own costs for
any expenses involved in calling witnesses or producing desired evidence.
ARTICLE VI — MISCELLANEOUS PROVISIONS
SECTION 19 CONSTRUCTION
This resolution shall be administered and construed as follows:
a_ Nothing in this resolution shall be construed to deny to any person, employee,
.organization, the city, or any authorized officer, body or other representative of
the city, the rights, powers artd authority granted by Federal or State law.
Page 7.
b. This resolution shall be interpreted so as to carryout 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
Mayor Hopkins
AYES: (5). Councilmen Beary
Carbone, Roberts,
Stewart and Hopkins
NOES: (0) None
ABSENT: (0) None
ATTEST:
/s/ Sandra Faus
Deputy City Clerk
Re- typed. January 2003
ldc
Page 8
41
RESOLUTION NO- 92- 174
A RESOLUTION OF THE CITY COUNCIL
OF.THE CITY OF ROHNERT PARK
APPROVING UPDATED DISABILITY WAGE PLAN
WHEREAS, City staff recognizes the appropriateness of updating certain
employee benefit plans in order to provide for any changes; and
WHEREAS, the City's existing "Disability Wage Plan ". was. instituted
1, 1972 and has not been updated since that date; and on August
WHEREAS,_ City staff has conducted a review of [he City
p 's existing
"Disability Wage Plan" pamhlet 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
finds it satisfactory_ Wage Plan` and
NOW. THEREFORE BE IT RESOLVED by the Council of the City of Rohnert Park
that the "Disability'Wage Plan" as revised and dated October. 27; -1992.;.. which is
attached to [his resolution and by reference thereto ereby approved. herein, is
DULY AND REGULARLY ADOPTED this 27th day of October, 1992_
CITY OF ROHNERT PARK
Hayor
ECK AYE HOLLINGSWORTH AYEHOFKI.NS AYE PE:LU AYESPIRO AYE
AYES 5 NOES 0 ABSENT 0 ABSTAIN U
I In
TABLE OF CONTENTS
Section
Title
DISABILITY WAGE PLAN
Purpose
.2-
-Eligibility
3-
Length of Service Schedule
.4-
-Periodic Increase in Benefits
5-
Benefits Renewal — 26 Week Rule
6-
How Benefits Are Calculated'
7-
Active Work /Authorized Leave Requirement
8-
Proof of Claim
9-
Notification Required
40-
Absence Reporting
JI.
Conditions Covered
12.
Conditions Not Covered
J 3-
Pregnancy or Maternity Leave
14-
Paternity Leave
Light or Limited Duty
16-
Effect on Vacations
17-
Sick Leave Without Pay
18-
Holidays During Disability
19.
Effect on Retirement
20-
Sick Leave Benefits Misuse
'21.
Temporary Layoffs
22..-
Long Term Disability
23.
Employee Death
91d
Changes in Plan
25.
Non- Discrimination
26-
Additional Information
INDUSTRIAL DISABILITIES
Separate Schedules
2-
Effect on. Workers' Compensation
Page No-
1
1
2
3
3
3
3
3
3
4
4
4
5
5
6
6
6
6
6
6
7
7
7
7
7
7
8
8
DISABILITY WAGE PLAN
I _ PURPOSE
One_of the greatest concerns of any of us who work at a regular job is the possibility of lost income
during periods when we are.prevented from working because of illness or injury_ Recognizing this, the
City for many years has continued in .full or in part, the pay of regular employees during such periods_ On
August 1, 1972, the standard "sick leave" plan was replaced by a Disability .Wage Plan_ Effective
this Disability Wage plan was updated and is described in this pamphlet_
The Disability Wage PIan is one of the most important benefits you enjoy as a regular employee, yet it
costs you nothing_ It is a. benefit paid for entirely by the City_ Your obligation is to notify your
supervisor or the Personnel Office as soon as possible when you become ill or disabled, and to keep them
informed of the date you expect to return to work_
.2. ELIGIBILITY
If you are a regular employee, you are eligible for the benefits of this Disability Wage Plan in accordance
with the number of months or years of service, which you have completed, unless you are covered by a
collective bargaining agreement, which provides a. separate disability wage plan_
Regular part-time employees shall participate in sick leave benefits proportioned to their fixed work
ratios_
These Disability Wage Plan benefits shall apply to all offices, positions and employment in service of the
City, .except:
-2:1 Elective officers in the performance of their duties;
2.2 Members of appointive boards, commissions 'and committees,
2.3 Persons engaged under contract to supply expert, professional technical, or other services;
2.4 Volunteer personnel, such as volunteer auxiliary firefighters and public safety officer;
2 -5 City Attorney;
2.6 Limited Service Personnel:
26.1 Temporary or seasonal employees employed by the City_
26.2 Part time employees paid by the hour or day_
Sick leave shall not be considered as a right, which an employee may use at his/her discretion and shall be
allowed only.in case of actual sickness or disability. No punitive actions shall. be imposed on -employees
taking justifiable sickleave_
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_ (PY US)
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
I i
4
2 2
?
3 3
10
4 4
13
5 5
16
6 6
19
7 7
22
8. 8
25
.9 g
28
10 10
32
.11 1.1
31
12 12
30
13 13.
29
14 14
28
15 15
27
16 .16
26
17 17
25
18 18
24
19 19
23
20 20
22
21 21
21
22 22
20
23 23
19
24 24
18
.25 25
17
26 or more 26
16
For all Public Safety Officer /Community Services Officers hired after August 1,
1989:
flours 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_
r
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 amount.
of benefits is renewed automatically in accordance with length of
service - An employee is always eligible for the maximum'amount of scheduled benefits, less any amount
of paid An
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_
T. ACTIVE WORK /AUTHORIZED. LEAVE REQUIREMENT
Sick Ieave benefits shall be earned and accrued to.regular employees who are.actively working or are
taking leave due to an approved City program or benefit. Sick leave benefits or accruals do not.apply to
employees on absences from work for over ninety (90) consecutive days_
i.1
8. PROOF OF CLAIM
8.1 Employees may be required to support their claim for disability by proper medical evidence_ The
City reserves the right to decide when an employee is disabled and when they are able to return to
work on the basisof 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 berefts will not start until the
day such notice has beer' received by the City_ Employees are also asked to notify the City as soon as
possible when they expect to return to work. Notice may be given by telephone, letter or message
delivered by a fellow. employee- It is important, however, that the employee's supervisor know when the
employee may be expected to return in order that reassignment of temporary replacements may be
handled in an orderly manner_
s
'10_ ABSENCE REPORTING
1
In all instances when an employee is absent from his /her scheduled work more that fifteen (15) minutes,
an Employee Absence Report form must be properly submitted.
11 _ CONDITIONS COVERED
11.1 An employee's non- industrial illness or injury_ Leaves.of more than five (5) days for .
this reason requires a doctor's certificate indicating absence from work was necessary_ At the
City Manager's discretion, a doctor's certificate may be requested forillnesses of less than five
(5) days'
11.2 An employee's non - industrial dental, eye or other. physical or. medical examination or .
treatment by a licensed practitioner. Leave for this purpose may be limited to four (4) hours in
any one working day at the discretion of the department head
113 Providing .necessary care for an ill or injured member of the immediate family_
Absences of more than one (1) days for this reason require a doctor's statement indicating that
the employee's presence was required. Leaves for this purpose are limited to three (3)
workdays;
11.4 Family Care Leave: Employees inay 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 Ass embly Bi1177_ For
specific information are
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 Ieave benefits as provided in any
applicable Memorandum of Agreement) when there.is a death in their immediate family.
Immediate family in this case means: spouse, father, father -in -law; mother, mother -in -law,
brother, sister, child (including step - children), stepparents, grandparents, grandchildren and
relationships in loco - parentis.
11.6 For the purpose of charging sick leave, the minimum sick leave chargeable shall be one
(1) working hour.
12_ CONDITIONS NOT COVERED
An employee will not be entitled to disability pay under this Plan if the injury or illness:
12.1 is intentially self-inflicted-
12-2 is due to intoxication, or. the use of narcotics or habit forming drugs;
12.3 resulted from participating in a criminal act-,
12.4 resulted from participating in a riot;
12.5 resulted from working for an employer other than the City,
12.6 during a layoff, leave of absence or disciplinary suspension; and/or
12.7 after a termination date_
13- PREGNANCY OR MATERNITY LEAVE
13.1. A regular employee shall be entitled to utilize full pay non - industrial sick leave
benefits and other accrued leave on the same basis as other employees who are temporarily
disabled due'to a non - industrial illness or injury_ For those employees who have over one (1)
year of continuous service, that. erholoyee shall be entitled io utilize either accrued full pay
iron- industrial sick leave `or a minimum of three:(3), weeks accrued half pay non - industrial sick
leave, whichever is greater. Such disability -yleave on account of normal pregnancy or
childbirth shall not exceed (9) weeks;
A probationary employee having completed less than one (1) year of service shall be entitled to
utilize any accrued half pay non - industrial sick leave benefits and other accrued leave on the
same basis as other employees who'are temporarily disabled due to a non - industrial illness or
injury;
13.2 While the employee is on paid leave status; service credits shall continue to accrue and
the City shalt continue payments toward group. insurance and retirement coverage. Leave shall
commence upon certification from the employee's attending physician that she is no longer
capable of performing the duties of her position without undue risk to herself or other persons;
13.3 In no event shall the employee's paid leave exceed the total of the employee's
accurnulated but unused full..pay non- iixdustriai sick leave, or as specified, half pay non-
,industrial sick leave, and other accrued Ieave
T3.4 An employee may be absent from employment for a reasonable.collective period of
time Trot to exceed four (4) months (including period of paid sick leave) during the time of
pregnancy acid post - pregnancy period. Diu jigthis period of time, the employee may utilize
any accrued vacation time. Unpaid leave shalfbe 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_
15. LIGHT OR LIMITED DUTY
Regular City employees who are injured or ill from either on -the -job (industrial) or off-the-J. ob (non-
industrial) causes may; at the City's sole discretion, be assigned to light, limited, .or modified duty. Such
assignments may be temporary or permanent. They may involve duties that differ from the normal work
duties of the employee. Such light, limited;. or modified duty shall terminate when the employee is
physically or mentally able to perform all his/her normal work duties.
16. EFFECT ON VACATIONS
16.1 If an employee is on a vacation and becomes ill or injured, the Disability Wage Plan will not
apply until the day the employee is scheduled to return to work_
16.2 The disability benefits described herein are entirely separate from any vacation to which an
employee's service may entitle them. Under most circumstances, disability absence will not
disqualify an employee for eligibility for a vacation. In some cases, however, prolonged
periods of disability may affect an employee's vacation eligibility_
IT SICK LEAVE WITHOUT PAY
17.1 If an employee is not yet entitled to sick leave benefits as provided herein, or has exhausted
His/her accumulated sick leave benefits, said employee shall be considered on leave without
pay
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 ad employee's retirement account_ For
additional information regarding this matter contact the Personnel Office or a Public Employees
Retirement System representative_
20. SICK LEAVE BENEFITS MISUSE .
The City shall revoke pay, sick leave time and take appropriate disciplinary action if the employee using
sick leave is not sick or has engaged in private or other public work while on sick leave.
21 _ TEMPORARY LAYOFFS
If an employee is receiving disability pay at the time when the employee would otherwise have been
temporarily laid off, the employee's disability pay normally will be continued in accordance with the
length of service schedule, as long as the employee's illness or injury prevents them_ from working.
Naturally, this provision only applies in the case of temporary layoffs when there is a clear -cut.-
expectancy that the employee will be recalled tow o*fk 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_
2b. ADDITIONAL INFORMATION
Employee's seeking further information regarding the administration of this Plan are welcome to contact
the City's Personnel Office.
INDUSTRIAL DISABILITIES
1. SEPARATE SCHEDULES
The benefits which you are provided under the Disability Wage Plan for industri al illness or injury are
separate and distinct from the benefits provided for non - industrial illness or injury_ You may receive
separate disability wage payments for both industrial and non - industrial illnesses or injuries— but not both
types at the same time.
2_ EFFECT ON WORKERS' COMPENSATION
If you become disabled as a result of an industrial injury, Workers' Compensation wilt be payable to you
in accordance with,the applicable laws of the State_ Sick leave benefits shall not be.used for an industrial
injury or illness.
RESOLUTION NO. 2007-178
RESOLUTION OF THE COUNCIL OF THE. CITY OF ROHNERT PARK
RESCINDING RESOLUTION NO. 96-203 AND ESTABLISHING AN
ALTERNATE BENEFIT PROGRAM FOR ELIGIBLE ACTIVE EMPLOYEES
WHEREAS, the City provides health insurance for eligible, active employees
and contributes towards medical insurance premiums for health insurance; and
WHEREAS, some eligible, active employees have health insurance coverage
from a source other than the City, resulting in dual coverage; and
WHEREAS, the City Council adopted Resolution No. 96 -203, establishing a dual
health insurance premium reimbursement program policy for employees who have health
insurance from a source other than the City; and
WHEREAS, the City wishes to continue providing an alternate benefit program
to eligible, active employees who have health insurance from a source other than the City
to benefit both the employees and the City; and
WHEREAS, the City and representatives of its employee groups have
determined to define the amount of the alternate benefit within. memoranda of agreement.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 96 -203 is
rescinded.
BE IT FURTHER RESOLVED that
1) the alternate benefit amount shall be established in memoranda of
agreement or outlines of certain conditions of employment that govern
employees' compensation and benefits.
2) the alternate benefit amount is not salary or compensation and the benefit
may only be directed into an employee's deferred compensation account,
toward Ca1PERS service credit, or for the purchase of supplemental life
insurance and/or any other eligible benefit program approved and
authorized by the City.
3) the City and eligible, active employees are subject to all applicable laws,
rules and contracts of third parties such as the IRS, 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 Managerds authorized to
administer said program.
DULY AND REGULARLY ADOPTED this 23`a day of October, 2007.
CITY OF ROHNERT PARK
Mayor
ATTEST:
JA A
y Clerk
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
RESOLUTION NO. 97- 200
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OFROJINERT PARK THAT -
M1PLEW-NTSTHE REPORTING OF THE
CALPERS EMPLOYER. PAW-MEAMWk CONTRIBUTIONS AS
ADDITIONAL
COMPENSATION FOR MANAGEMENT EMPLOYEES
WHEREAS, the City of Rohnert Park has the authority to implement Government
Pursuant to. Section 2069 1; Code Section 20636,
WHEREAS, the City of Rohnert Park has. a written labor agreement, known as the Outline . of Certain
Conditions of Employment and Beinefits for Management Employees, 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 in
of employer paid member co intention to commence reporting the. value
ntributions (EMPQ as compensation for all members of a group -or class;
WHEREAS, the following . is a statement of the
Proposed change in reporting compensation to CalPERS;
The -City of Rohnert Park elects to
pay .7 % of employees' compensation earnable as Employer
Paid Member Coutnbutibbs and, report. the same. 7% of compensation earna b le as additional
compensatioti.
This benefit shall: apply to all employ. fareee.s members of the Management Employee
Group. -
This bengfifshall be%effective 011k..'
January - 1,. p98;
NNW, THEREFORP, BE iT RESOLYEb,
nmplement government Code Section 20fr36, that the City Council of the City OtRohnertTark shall
0suamto Section 2060
1nnployer Paid Member
91, by. paying and reporting the value of:
(7 butio' f4
00M ns- '0all eMp1qyeesbfthe Management Employee-Group,
as indicated above.
PPLY AND REGULARLY ADOPTED this November 10, 1997.
ATTEST.-
�A MMOM
CffY-0F ROHNERT PARK
kEs---AYL_m.AcKEr4ztk_. A.-.Y-.E RE1LLy___&-y.E
VIDAK-MARTINEZ AYE - spjR0 AYE
AYES:. NOES : _U ABSENT: -0 ABSTAM: 0
L
RESOLUTION NO. 2001 - 270
A RESOLUTION OF THE -CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE,
ACTIVE EMPLOYEES
WHEREAS, the City has established a system and pool whereby employees of
the City of Rohnert Park may donate and use vacation hours to alleviate financial
hardship in catastrophic circumstances; and
tr
WHEREAS,: the .,City., wishes to expand the program to include the donation of
compensatory hours; and
WHEREAS; the . City agreed in the meet and, confer process with employee
groups to. establish a Catastrophic Leave Program..
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Rohnert -Park hereby adopts.and approves "Exhibit A" hereby attached as it's Amended
Catastrophic Leave Program for eligible active employees.
BE IT FURTHER RESOLVED that the City hereby establishes this Amended
Catastrophic Leave Program and that the City Manager is authorized to administer said
program.
DULY AND REGULARLY ADOPTED this 11 `h day of December, 2001.
CITY
CITY'OF ROHNERT PARK
Mayo
FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) .
EXHIBIT "A"
AMENDED CATASTROPHIC LEAVE PROGRAM
Purpose
.The purpose of the _Catastrophic Leave Program. is to establish a system and pool
whereby employees of the City of Rohnert Park may donate vacation and.
compensatory hours to a pool for an employee in need who meets the criteria to obtain
Catastrophic Leave to alleviate. financial hardship.
Catastrophic Leave Pool
All regular full -time and part -time employees of the City of Rohnert Park may donate up
to forty (40) hours of his /her vacation time per calendar year into :the Catastrophic
Leave Pool... The donating employee must have a vacation leave.balance-of at least
forty (40) hours after the donation of vacation time.
All regular, full -time and part -time employees of the City of Rohnert- Park may donate 'up
to forty (40). hours of his /her compensatory time: per calendar year in the Catastrophic
Leave Pool The donating employee is not required ,to ' have a to
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' will.. account for the donation and disburse
'catastrophic leave hours.
Catastrophic Leave
Catastrophic Leave is hours of time which have been donated into: a pool and may be
used by an employee in need and who meets the criteria of this program:
Catastrophic leave may be used for an absence due to a verifiable long -term illness or
injury. such as, but not limited to; cancer and heart conditions which clearly incapacitate
the employee; for a serious illness or injury to a spouse, child, parent ' or other
dependent who is in need of the employee's care.
Eligibility
To be eligible to apply for hours of catastrophic leave, an employee must be a regular,
full -time or part -time employee who has completed 2080 hours or one -year of
employment -with the City, and has exhausted all other benefits available for which they
are entitled.
Catastrophic Leave . shall not be used in conjunction with. any other long -term or short-
term disability programs, Social Security 'or Workers' Compensation Benefits.
Catastrophic Leave may not be used to extend a date of retirement.. Should this
program conflict with any other provision of law, applicable Government .Codes or
CalPERS regulations, the City will comply with those provisions and not the Amended
Catastrophic Leave Program.
CATASTROPHIC LEAVE PROGRAM
PAGE 2OF2
The City reserves the right to require the employee to provide medical or other
verification that they have met the criteria established in this policy. While an employee
is utilizing Catastrophic Leave, they do not accrue any vacation or sick leave benefits.
Leave Requests
Any employee who meets the above criteria may submit a request for Catastrophic
Leave through his /her Department Head to the City Manager. The City Manager will
determine eligibility and approve /deny leave requests as. outlined in this policy.
Determinations made by the City Manager may-- 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 48Q hours per employee, per catastrophic
need event.
APPROVED BY RESOLUTION NO. 97-165
AMENDED BY RESOLUTION N0..01- 270 - , DATED 12/11/01
RESOLUTION NO. 2004 - 299
v s
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT. PARK
APPROVING REVtSED'PERSONNEL RULES AND REGULATIONS
WHEREAS, the City Council i
on Ap nitially approved Personnel Rules and Regulations
ril 11, 1966 with the rules and regulations being presented as City Manager's
Administrative Policy No. 1; and
WHEREAS, the City Council approved revisions to the Personnel Rules and
Regulations on April 25, 1983; and
WHEREAS, the City Council approved further revisions to the Personnel Rules
and Regulations on November 12, 1991; and
WHEREAS, the existing Personnel Rules and Regulations require updating to
be in compliance with current. state and federal. taw, and
WHEREAS, the City consulted with McDonough Holland & Allen, the law firm
representing the City's legal interests, to provide recommendations on drafting revised
Personnel Rules and Regulations compliant with existing state and federal laws; and
WHEREAS, revisions are proposed to the existing Personnel Rules and
Regulations to _ensure. legal compliance., provide greater .direction to City employees
regarding the City's personnel policies, and include policies enacted by the Ci
Council since 1991; and ty
WHEREAS, the revisions have been discussed with the employee organizations
as required by the meet and confer laws of the State and the revisions
approval by the employee organizations; and . have received
WHEREAS, the City Council has
Rules and been presented the revisions to the Pers
Regulations and has found them satisfactory. onset
NOW, THEREFORE, 13E IT RESOLVED by the Rohnert Park City Council
the Personnel Rules and Regulations that
Presented as revised and Baled November 9
2004 are hereby approved_ '
.
DULY AND- REGULARLY ADOPTED this 9`4 d,
Deputy City Clerk
MORE& AYE MACKENZIE: ABSENT SP
RADU AYE
�!IDAK -MAJR I MEZ: AXE NMDIN: AYE
AYES: (4) NOES: M) ABSENT: (l) ABSTAIN: (�
CITY OF RQNNFR7 PARK
Personnel Rules and Regulations
3ECTIONI.- INTRODUCTION -------- - ----- ------- ----------------- --------------------------- -- ---- -- -- ----------- -- - - -- -- -PAGES 3 - 5
SECTION 2 - PAY PLANS AND COMPENSATION --------- - -------- -------------- - -- - ----------------- I ------- PAGES 5 - 8
SECTION 3 - BENEFITS --------- - -------------------- =- ---- ---=----- =-- - -- =- --------
----------- PAGES 8 - 20
SECTION 4 - IN-HOUSE RECRUITMENT ---------------- ---------- ------ I :- ,-- ,_._PAGES -20 - 21
- - -------------
SECTION 5 - RECRUITMENT PROCESS -_--------------- --------
-------- ------------------_-- PAGES 21 - 27
SECTION 6 - SEPARATION AND REINSTATEMENT ------- -----------
-7 ----___ ___________v__ 7 F_ ------ - --- PAGES 27 - 29
SECTION 7 - INCOMPATIBLE ACTIVITYICONFLICTS OF WTtREST -- - --__ ______ ____ ______._.PAGES 29 - 30
SECTION 8 - DISCIPLINARY ACTION ----------------- ---------- I ------- - --- I ------- ------------------------------- PAGES 30 - 36
GLOSSARY - DEFINITION OF TERMS ---------- - -------------- I ------------------------------------------------------------ PAGES 36 - 39
RESOLUTIONS EFFECTING PERSONNEL POLICIES
RESO 79-22
EMPLOYEE- GRIEVANCE PROCEDURE
RESO 92-78
EQUAL OPPORTUNITY EMPLOYER
RESO 92-79
POLICY AGAINST DISCRIMINATION BASED ON DISABILITY - ADA
RESO 93-38
AGAINST HARASSMENT
RESO 99-01
ELECTRONIC MEDIA USE
.RESO 91-192
ANTI-DRUG POLICY
RESO, 87-117
DEPENDENT CARE ASSISTANCE PROGRAM
RESO, 00-10
- EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF
2004)
RESO 03-71
PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR
ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE' MILITARY DUTY OR
TRAINING
RESO 0-235-
OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
CITY OF ROHNERT PARK Page 2 of 39
Personnel Rules"and Regulations
CITY OF ROHNERT PARK
Personnel Rules and Regulations
SECTION 1 - INTRODOCTiON
A. Purpose - The City Manager, as Personnel Officer for the City or. his /her designee, is charged with the
responsibility of the City's personnel practices. In order to establish an equitable and uniform procedure for
dealing with personnel matters and to attract to municipal service the best and most competent persons
Provide a r 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
• estabfished.
3. Coverage - These rules and regulations apply to all offices, all regular full -time employees, regular part-
time employees, and all positions and employments in the service of the City, except-
7. Elective officers in the performance of their elective duties. and
'Members of appointed boards,
Commissions and committees.
2_ Persons engaged under contract to supply expert, professional, technical or other services_
3. Volunteer personnel, such as volunteer auxiliary firefighters and public. safety reserve officers_
4- City Manager and City Attorney.
S. Probationary employees, except as expressly provided herein. .
6. Limited Service Personnel (i.e. temporary or seasonal employees employed by the City not more than
six (6) months during the fiscal year for special purposes)
7. Parttime employees paid .by
employees- the hour or day who do riot. meet the defirziliori of .regular part-time
General Provisions -
1. The City expressly prohibits discrimination in e.mploymenUof, the basis of race, religious creed; color,
national or ethnic origin, ancestry, mental or physical disability, medical- coed "rtion
sexual preference, political opinion, political affiliation or on the. basis that an individual is age a tip, 40
or over, or any other basis protected by federal, state or local taw_ Y ( ) .
2_ An employee's work performance will. be evaluated by'their iur►mediate s
designee at least once a year on a form prescribed.bq the Personnel Off Sunrtsors wip d'soss
their evaluations in full with each_emptoyee, outline goals and expectations, and
employee has done an outstanding job and suggest ways in .which ob Point out where the
1 t?orrnance can be enhanced.
3_ All regular appointments include a
Probationary period as provided herein.of not less• than twelve (12)
months for miscellaneous employees, not less. than twenty- four...(24
employees; not less than eighteen (18) months.for dispatch.emptoyees;)and not. less than eighteen
(18) months for Public Safety sworn employees_
a. Promotional appoinVrtents include a probationary period. of not less tha six (6). months for non
supervisory employees and twelve" (12) months for supervisors (
includes management
classifications)_
4. Employees must be physically and mentally able to perforrn the essential functtons of the ob with o
without reasonable accommodation. 1 r
tY'OF ROHNERT PARK
rsonnel -Rules and Regulations Page 3 of 39
.ITY OF ROHNERT PARK
'ersonnet Rules and Regulations
S. The.Cily reserves the right to amend "these rules and agrees to meet and confer with representatives
of recognized:employee organizations_ on those changes that are within the scope of representation.
6- Nothing herein prevents or restricts the City's right to contract for performance of expert, professional,
technical :or any other services_
7. Nothing herein 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 of'the memorandum of agreement will prevail_
E_ Personnel Records - In the case of personnel records, the term - personnel records" means any file
maintained under the individual's. name by his or her employing agency containing records -relating to
personal data, including rnaritat. status, _family members, educational and. employment history, or similar
information', inedical 'history, election- of employee benefits, and employment advancement, appraisal, or
discipline
1.• The City maintains personnel files for all employees which contain all records, files and documentation
used to determine the employee's qualifications, performance, promotion, additional compensation, or
termination or other disciplinary action'-
a. Each'employee artist promptly notify the Human Resources Department of any :changes in
relevant personal information; including but not limited to; mailing address; telephone number;
-narne(s):. of dependeiit(s); and' persons to contact in an emergency, along with contact
information_
b. Personnel files are deemed confidential. unless the employee consents to a disclosure in writing
or the ' City is .required to disclose: such, material by law-, City personnel have access to
confrdenfial persorrnet .files onfy.offa. "need,to know" basis for legitimate business reasons_
2.. The City maintains' a confidential fde'foi all employees which contains all medical information about an
employee or applicant_ Information in this 6onfidential" file is obtained and maintained in accordance .
with state .and federal taw (e.gg the California Confidentiality of Medical Information Act and the federal
Healfti .insticartce Portability. an Accountability Act ("HIPAA "} City personnel have access to
confidential medical fides otity on a : ."�eed:to:4now ".basis for legitimate business reasons.
3. All inquiries from outside agencies, firms, or individuals concerning personnel will be referred to the
Human Resources Depariment for handling and response_ This includes, but is not limited to,
inquiries conci�rning el- iploy6e pedd 4i
rnce- -:or evaluation in connection with new employment
opportunities and employment verification checks for financing purposes_ TFiis 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 termination, ;position title, and pay range.
b. Information disserriiriated to inquiring parties will be extracted' from the personnel files in the
.Human, Resources. Department. The. City 's written response to inquiries will be -made a part of
the employee's personnet file and will be available for his/her scrutiny-
CITY OF ROHNERT PARK Page 4 of 39
Personnel Rules and Regulations
CiTY OF ROHNERT PARK
Personnel,Rules and Regulations
4. Any employee who wishes to review his or her personnel records should .contact the Human
Resources Department and set op-an appointment at a. mutually agreed upon time. - The review must
be done. in the presence of the Human Resources Assistant. or his /her designee at the location. where
the cite is stored and at no loss of compensation to the employee- Art employee may request a copy of
any employment- related document that helshe has signed- This subsection does not apply to those
employees covered by the Public Safety Officers' Procedural Bill. of Rights (Government Code §3300
of seq.)
a_ An employee is not entitled to. inspect records set forth in Labor-
from time to time, be amended: trripact records relating to the investigation of a criminal offense
or letters of reference_
b_ An employee is not entitled to inspect camPlaints, or investigation of complaints, concerning an
event or transaction in which the employee was involved or participated to the extent that fhe
disclosure of such information would constitute an unwarranted invasion of personal privacy.
5. Employees have the right to respond in`writing.to any evaluation report placed iii their personnel file_
Such responses must be submitted within thirty (30) calendar daf the evaluation interview and will
be included in the personnel file records_ ys o
Destruction of Records -The employee personnel records are considered
personnel file documents are retained by the City for the durati 'a permanent record and all
on of the employee's paned of employment
and for any subsequent period required by law.
a. The records of former employees are retained in accordance with the schedule established in
Resolution 90 -161 _
b. Shredding destroys personnel records
90 -161: that have reached, the time limit established in Resole #ion
SECTION 2 PAY PLANS AND COMPENSATION
- Classification 'Plan -
1- Creation la classifications_ The Cify Council, upon recommendation by the Personnel Officer, shall
create a ctassifrcation plan for City empfoyees_ Each position shall lie affoca�ed to a class identified by.
Class title. Positions shalt have the same class. fine when'they conform. to the same specification or
when the positions' descriptions are sufficiently similar. as to qualificafiont the atioe requirements,
responsibilities, level of supervision, and other characteristics_ .
2_ Specification of classes.. A . class rnay. include more than one
job der ies ."a whic h. includes: a concise; .descriptive title, a brie€ deTinitiort a description oft will have al
lob duties :and responsibilities, a statement of special. requireineri(s, . and a statement of desirable
qualifications.
Reclassification_ The Personnel Officer is responsible
positions. and recommending to the City Council ,be creation ie
oinnew duties.
lasses arid` the about"
porrsibilities of
existing classes_ The Personnel Officers review classifications* make -deterrrtinations n Ehe
following situations:
a. Upon the recommendation of the Supervisor or upon the request of an-em ployee, the Personnel
. _Officer has- the right to reallocate a position to a different class whenever
Materially, provided the reclassification .can be accomplished .within budget i Fim�aiioris change
Personnef Officer has the discretion to determine when the duties ,have materially changed which .
fY OF ROHNERT PARK .
rsonnel Rides 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 1be 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 oulside.of classification, appoint employee
to.existing classification with greater responsibility, or create. a- new classification that more
accurately.reftects the employee's ongoing job duties and responsibilities.
b. When the duties of. a position so change that no appropriate class for it exists, the Personnel
Officer must prepae an appropriate class specification for it and submit it to the City Council for
approval_
c_ Reclassification of a position may not. be used to circumvent the rules and regulations concerning
demotion, promotion or compensation-
-S lary Ranges Plans and Compensation -
1 _ Meet and confer_ The City will meet and confer. regarding changes to salary rates or salary ranges
'affecting .existing employees represented by a recognized employee organization. After meeting and
conferring, the Personnel Officer will prepare thepay plan; which establishes a flat rate or salary range
for each class.
2- Changes to salary. ranges. When the City Council changes a salary range for a class, all employees'
salaries in the class will be adjusted to the corresponding step in the new `range_
3_ . Transfer.- to another class- An employee whose position is moved from one class. to another class
that has the same• salary range does not receive a: change - in salary. When an employee is moved
from one class to a class with-a higher maximum salary, the-employee's salary in the higher class will
be the minimum salary for that class, unless that minimum is tower than, or the' same as, the
e
employe's.• salary at the time of the move: In that event, the employee will receive the next higher step.
within the pay. range of: the higher class: Employees receiving a promotion will receive at least a 5%
increase in " satary unless limited by the- salary range maximum. The new review date for promoted
employees is the date of promotion or in siz (6y months if the employee in placed at Step A_'
4_ Demotions. When an.employee is demoted, (moved from one class 16'a class with a lower maximum
salary),. the Personnel Officer will set the employee's salary within the range of the class to which the
employee has been demoted.'Irt this event, the ern
ployee`s anniversary date will be the same as the
effective date of demotion. for purposes of conducting performance reviews and making corresponding
salary adjUstrrienis_ The employee's original hire dale will continue to determine his or her eligibility
for other types of benefits and leave accruals.
5. Reclassifications_ Art employee. whose`position is reclassified, from one lass to a class with a tower
maximum salary retains-his/her original anniversary date. A reclassified employee retains the salary
of the . higher cf2iss.11` the _employee's salary at the tune of reclassification does not exceed the
rhaxirnuin 'salary for positions of the tower class_ If that . salary does exceed that maximum, the
CITY OF ROHNERT PARK Page 6 of 39
Personnel Rules and Regulations
CITY-OF ROHNERT PARK
Peisor ael Rules arid.Regpiations
empfoyee will continue to receive his /her present salary until such time as the,' salary for the.
class exceeds his/her rate of-.pay_
C_ Employee. Performambe`R6View and/or Evaluation- -'The performance evaluation process is intended to
improve productrvity.and foster communication between supervisors
conducted at :feast anrxiAy in accordance with the schedulee set forth for that emptoyee.'s job classification -and emPloyees..Evaivations should be
and should be. based upon position - specific performance elements and work standariis: The evaluation
must indicate clearly 'whet' her. overall -performarice'is Superior, satisfactory, or
process must'grovide for emOoyee feedback and face-to-face communication _ Results of the performance
review wilt be'rititized to determine employee's tiaining and development needs_
1.
Salary.adjust- Ments_ Results of the employees current performance review will be used to determine
salary aHjusiments on -the. employee's. anniversary .date_ Employees .whose work performance is
satisiacibry uviil be ialii4ibI6 for advancement to the next higher step (not to exceed the maximum) of
the salary range_ F.i3pioyees who receive a less than satisfactory rating may not be eligible lot a
salary advancement on their anniversary date_
2. Employee review and response, Employee wilt be provided with a co
evaluation "ivventy -four (24} bours.,prior to the evatuatton. interview_ cop of ?its /her performance.
respond in writing to the evaluation report should they. so desire-. Said responses es should be submlitted
p the reviewer.no ption are thirty (30) days after the evaluation interview_ Contents. of an employee's
performance. evaluation are not subject it). the grievance .procedure_
3. Copies kept in personnel file_ ...Tfire employee's complete, on treat, and signed
evaluation - including any written comments g 9 Performance
official- provided by the employee - is filed in the employee's
person�eT file kept in.ihe Human Resource Department_
D_ Pay.petod - T<Ze::y per"iaf.for aii employees: is bi -monthly on the 15th and the last day-9f the month:
When the' 15r" or : iT (asf day of, iTre month falls on a weekend or holiday,
Prior Friday All paychecks are to be distributed to the departments and delivered to the employeetlbylnoon
on the 15 "" or the-tast'day.Of the:month_ . "
1 _ Time cards_' `.All employees are required to keep a timecard and accurately record all hours worked_
a. tilketdre employees_ Regular full lime employees Will be paid for the prior two -week period
worked_ "
b_ part- tirrie- "errit loge s_ Regular Part-time and hourt
timecards ta.:tf�e Fiisance ,Department.on the 5'n and :20"' of the molnthe and will submit idt the be foltowirtg:paidayfor'the time submitted_
2_ Direct .deposit_ Any employee wishing .to have their paycheck directly deposited may do so b
contacting the Finance Departinentand fiting.out the. required documents_ y
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E_ Overtime - Overlime hours must be approved in advance by the °employees direct supervisor or
Department Head_ Overtime is to be kept to a minimum consistent with maintenance of essential City
services. All non - exempt employees will be paid overtime as required by applicable law and in accordance
with any provisions in applicable memoranda of agreement_
F_ -Compensatory Time Off - Subject to applicable memorandums) of agreement or the outline of :certain
employment conditions for non-represented employees, compensatory time:eft.may be.granted in lieu of
overtime pay for overtime work performed by eligible employees_ Compensatory time off is subject to the
accrual cap in the relevant memorandum of agreement_
1_ Approval of overtime_ Employees must obtain pre- approval before working any overtime_ The
Supervisor will authorize such overtime work and will notify the. Personnel Officer upon such
authorization_ The Supervisor is responsible for arranging his /her department so that compensatory
time off can be taken_
2. CTO for exempt employees_ Management employees and any bona fide exempt personnel will
receive administrative leave, as qualified under FLSA, in -lieu of the compensatory time off_ All exempt
personnel must record leaves of four hours or more using the City.'s "Employee Absence Report" and
submit it to the appropriate immediate supervisor.
3. City reserves the right to pay overtime in lieu of accruing CTO. At the discretion of the City,
certain personnel may be paid for all or a portion of overtime worked in lieu of accruing CTO_ The City_
can elect to pay employees for overtime worked if it is determined that an employee cannot
reasonably take the CTO without hindering .the performance of essential City functions.
4_ Pay -out of accrued CTO: The City retains the right to.pay out unused CTO at all times selected by
the City._ The current memorandums) of agreement or outline of certain conditions of em.ployritent will
reflect accrual information, time, and manner in which any payment for unused compensatory time will
be made_
5_ Payment upon separation_ Upon separation, all employees will be paid a lump sum for all
outstanding approved and accrued compensatory time and/or administrative leave_
6_ Use of -CTO_ Employees who wish to use CTO must Obtain-prior authorization of their Supervisor or
Department Head_ The City's policy is to permit The use of CTO -Within a. reasonable period after the
request for use is made. Use of CTO on the specTc dates requested by an employee will be
permitted as much as reasonably _ practicable taking into account the operational needs of the
department To facilitate scheduling, employees. are encouraged to provide as much advance notice
as possible of the dates they desire to use.CTO_
SECTION 3 - BENEFITS
A_ Holidays -
1: Scheduled holidays. The City Council establishes the holidays to be observed by the City for each
calendar year, subject to modification by any applicable MOA_ Generally, the City observes. as
holidays those days .proclaimed by the President of the United States, the Governor of the State of
California, and /or the Mayor of the City of Rohnert Park to be public holidays: Additionally, the City
usually observes any day declared by the Governor to be a day of mourning or special observance for
State employees_
.2_ Weekend. holidays. Generally, when a holiday falls on a Saturday, it shalt be observed on the
preceding Friday- When. a holiday falls on a Sunday;' it shall be observed on the folloyving Monday. If
a holiday falls on an employees regularly 'scheduled day off, the applicable memorandum of
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agreement will determine whether the employee is paid holiday pay or given
ons o compensatory time off_. it.
any oulline:of conditif employment or memorandum of agreement conflicts with this subsection,
-the provision of the conditions of employment or memorandum o€ agreement will prevail-
3_ Holiday pay. Regular .full -time and regular pall -time employees are entitled to receive time off with
pay ai their regular rate of _pay for the holiday. Regular part -time employees receive either 50% or
'75% of the holiday pay as determined by the number of hours per week the employee is normally
scheduled to work_ An employee who resigns may not- select a holiday as the employee's last day of
employment_
4_ Required work qn holiday_ An 'employee whose icb performance is essential to maintain
services may be required to. work on a holiday_ in such cases, the applicable MOA will specify the pay
ar►dlor benefits received for the work Performed on holidays.
B_ Vacation -
Vacation policy_ All regular full -time and regular part -time employees are entitled to vacation time off
work with pay_ Eligible regular part =time employees, accrue vacation at the rate of 50% or 75% of the
allotment established for full -time employees as dtermined by the number of hours the part -time
empbyee is regularly scheduled to work_ Eligible employees will accrue v
but may not tatce accrued vacation until the completion of six (6) niona hs, of continuous t sere c'e
However, upon completion of-six rhonths -of service, :he /she will be eligible to request a scheduled
vacation_ This vecafion.policyis
employees_ subject to modification through an applicable MOA for represented
2. Vacation accrual_ Vacation accrues -for regular full -time employees according to the following
schedules esfabtished in the ..:app)ica[ite -MOA's ..or .Outline of Benefits -for the Management and
Gonfideretial :Units _
3:
use of vacation. An employee`s scheduled vacation must be a
unused amount of vacation time that may be used is `Y' hour (15pm nine) An individual al may have
unusec# annual vacation leave 'carried over to the following; calendar year_ if maximum accrual ie
reached, further'vaeaCton accrual will. slop. When the employee uses paid vacation time and brings
the avala06 amocjnt beI6}v the cap, vacation accrual will resume at the regular monthly accrual: The
COY ►+ray make an exception to the vacation accrual cap in extraordinary circumstances where, due to
calm givy.6 r_ i of (City service, an--employee is required to forego a vacation during the particular
calendar year_ In such: cases, the affected. empfoyee may apply to the Personnel Officer to increase
his her vacation °cap_ by the number of days the employee -was not permitted to take as vacation
days. The Personnel Officer_may, in his or her sole discretion, grant such requests from time to time.
4_ Vacation at termination_ Upon termination, an em
balance of.accrEied`vacation hours_ Pa ployee shall receive a lump sum payment for the
effect for such ein 10. ees at. the time ofeirrrinatiorr When tertm nationecaused by the death of the
P. Y
employee, pay for unused _vacation shall be .paid to the same beneficiary the employee has
designated for Life Insurance benefits_ Beneficiary designation otherwise, shall be-in writing, signed
by' he employee antf feel witty the. Finance Department, RayroH Office. Vacation accruals are not paid
to employees who are employed by the City less than six months_
Holidays falling during vacation- When a day des - led and observed by the City as a holiday
occurs on a day on which an employee: is taking vacation, such employee shall not be charged as
using vacation for that- day_ The employees compensation for that day shall. be .holida.
he/she shall .not _be paid or cfratged for vacation_ This holida Y Pay and
an applicable MOA for represented employees. y If`cy subject to modification through
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6.. Illness during- vacation. If an employee becomes ill or is injured white on vacation, the time off will -
still be,counted as vacation time and not sick time_
7_. Vacation accrual during leave of absence_ Employees who are off work on a paid leave shall
continue to accrue vacation during the leave period. Employees who are off work on an unpaid leave
shall no longer accrue vacation after ninety (90) calendar days.
C_ Sick Leave -
1:. Eligibility_ Regular full -time and regular part -.time employees are et %gibte for sick leave in accordance
with the applicable MOAs. Unrepresented, confidential, and management employees'. eligibility for
sick leave is specified in the applicable City resolution outlining .their conditions of 'employment,
benefits and salary adjustments.
2. Accrual_ Sick leave shall be accrued in accordance with the applicable MOA's or Outline of Benefits
for the Management and Confidential Units_
3 Use of sick leave_
a_ To Qualify for sick leave, the employee must report his /her illness or injury to his/her supervisor at
the beginning of any sick .leave period and daily thereafter' unless :- otherwise arranged The
supervisor may require a written statement from the employee's. health care provider' verifying
that the employee is or was incapacitated and unable-to perform his /her duties_ Any absence-of
five (5) days or more for sick leave will require a certification from a health care provider_
b. Sick leave may be taken for an employee's
Y personal; non industrial illness or injury_ Additionally,. 1
the employee may use up to one -half his /her yearly paid sick leave accrual (based on c�dendar
year) to atlend to an illness of a child, parent, spouse, or domestic partner of the employee-of the. I
child of the employee's domestic partner.
c. An employee may use sick leave for medical examinations and appointments provided; however,
that such leave time may be limited to four (4) hours in any one. working day, at the employee's
supervisor's discretion.
.d_ An employee re requesting to use pe y Pe.
q g paid sick leave musts cif whether the use is for rsonat
lines, .or to care for a family member. in the event that an-employee ekttausts his/her paid . sick
Pleave, he /she may be entitled to additional unpaid: leave unde'r4he Family and :Medical. Leave
olicy_
e_ Any employee who is absent from work on sick leave shall not-engage in work or other. activities .
at anytime that would be in conflict with the inability to reportfor:work and to peiform the, duties
assigned_ If an employee violates this policy, appropriate disciplinary action :wilt be taken. .
4. Sick leave accrual during leave of absence: Employees who are.off work on 4-paid leave shall continue to accrue sick leave during the leave period. ` Erriployees who are oft work on an unpaid
leave shalt no longer accrue sick leave after ninety (90) calendar:days_
5.. Accumulation_ Accrued sick leave may be accumulated to the limits described in .1he. applicable
Memorandum of Agreement.
6_ 'Sick leave and Workers' Compensation disability payments, An .employee receiving I'
emporary
disability payments under the Workers' Compensation Laws;. may use accumulated. sick leaven orar
to continue to maintain his /her regular income- Under such circumstances, the employee shaif 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_
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:D. 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 v taken upon
vacation -leave may be ken
approval of the employees supervisor if the employee must travel out of the area (at }east ke miles
one way)_ -
2_ immediate family in this case means: spouse, domestic partner, father, father -in -law, mother,
mother -in -law, brother,.brotheran -law, sister, sister -in -taw, child (including stepchildren), ste
aunts, uncles, grandparents, grandparent -in -law, grandchildren and relationships in loco-parentis and
close personal relationships, with the approval of the City Manager or his /her designee.
The employee's .supervisor .may require proof of death of the
taking bereavement leave_ pe ►son(s) for whom the employee is
E_ Military Leave -
1_ Eligibility. The City grants military leave to all employees for service in the uniformed services in
accordance with federal and state law_
2_ Notice: The employee -must notify his/her supervisor of upcoming military duly at soon as he /she
becomes aware of his/her obligation and provide a copy-of his /her military orders.
3_ Compensation_ Employees on temporary military leave will be paid their normal salary for the first
thirty (30) calendar days white engaged in the performance of ordered military duty. Pay for such
purpo es shat! not exceed -30 days in each fiscal year_ If the employee's military leave exceeds thirty
days, the Gity will continue fo_pay.the difference between.the employee's normal salary and.the.total of
his/her military cornpensauon if the employee is called :to active duty as a result salary a declaration of
emergency, war, or as necessary for homeland security as 'declared by the President a the United
States, Secretary of Defense, Secretary of Homeland Security or the Governor of California_ In such
cases, the. employee shalt. submit his /her military earning statement. to the Finance Department;
Payroll Office to assist. in calculating the employee's salary_- In no "event will the employee be
compensated in excess of. his /her normal City salary-. All other military leave is unpaid except• where
necessary" to maintain exempt status under the Fair Labor Standards Act. Employees may elect to
use any tither accrued paid leave time,( e :g- vacation) during unpaid military leave:
Employees will receive any merit and /or general salary
during -military leave_ increases for which they become eligible
4_ Benefis_
a_ Health insurance_ A {l health insurance benefits will r..emain in place while the employee is in a
Paid military teave.status as indicated in Section 3 above_ For employees in a
insurance bene non pay status, all
health fits :wilt continue for a period of 12 workweeks on Elie same terms .arm
conditions as if. the employee were not on a leave of absence_ The 12 workweeks would be
calculated based on the beginning of non- pay"stalus_ Thereafter,, the employee has the option to
continue •.tits /her:healih plan benefits, at the employees expense, for up to eighteen months_
For employees bottZ.in a paid and unpaid status, the benefits shalt be provided in accordance with
the City's applicable .agreemerits, outlines, rules, policies and
federal laws_ Such.benefris may be subject to individual plan.provisiroc Procedures and all state and
b: Pension plan benefits.. During any period of paid leave, -the City. will pay the employer and.
employee contributions to CaIPERS_ Additionally, employees returning from military leave are.
entitled to pension beriefils that accrued•during military service arid`io"any GalPERS eontritiutions
:ITY OF ROHNERT PARK
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that would have been made it the employee had not been absent due- to military leave_ Military
leave is not considered a break in service for purposes of pension benefits_
c_ Vacation benefits_ Vacation benefits continue to accrue during paid military, leave._ Employees
returning from military leave are entitled to begin accruing vacation at the rate the employee
would have attained if the employee had not taken military leave_
.d_ Seniority- Employees returning from military leave are entitled to the•seniority and other.rights
and benefits determined by seniority that they would have attained with reasonable 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 bepartment a
.copy of his /her military separation docurnenL Reinstatement will not be denied or delayed if the
information does not yet exist or is not readily available, however, the employee is required to provide
the information as soon as it is available_ . Reinstatement will be denied only when. legally permissible_
Federal law provides for the following reinstatement period:
a. For military leave of less .than 31 days, the employee must report for reemployment at the
beginning of the first regularly scheduled workday that would .fall' eight hours after he.or she
returns.home; unless reporting within' such lime frame is impossible and then the employee must
report as soon as. possible.
b_ For military leave of more than 30 days.but less than 181 days,.the employee must report for
reemployment within 14 calendar: days following. completion of service „ unless :reporting within
such time frame is impossible and then the employee must .report as_soori as: possible_
c_ Tor military leave greater than 181 days, the employee mim.t apply for reerployment within 90
days of completion of the service:,
F. Family And Medical'Leave -
1 _ Eligibility_ Family and medical leave (Y.ML ") shall be granted in accordance with ahe provisions of
state and..federal law. All employees who meet the eligibility criteria stated in this policy are entitled to
take an unpaid FML.
To qualify for FML, an employee must have been employed by.the City fora period of twelve months
and have worked for at feast 1250 hours during the 12 -month period immediately. preceding. the. leave_
FML. may be granted for the following reasons: (1) the birth of a child to art einpbyee 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 employees own serious
health-corWition that makes the employee either unable 10 .work at -all or unaiile to perform one ormore.
of the essential functions'of the position'assigned_
2_ An ount of FML_ Eligible employees are entitled to FML totat'rng twelve.(12)'Weeks within a 12 -month
period- The 12 =month period within which the leave must. be taken begins on the date the employee's
leave begins and concludes 12 . months after• -That date_ This: leave .shafP. be: concurrent with any
disabilAy.:leave associated with pregnaricy, childbirth; or related pregnancy conditions as provided in
The City's Pregnancy :Disability Leave (PD(.) Policy_
3: Intermittent leave_ When medically necessary. (as certified by a health care- provider), leave may. be
taken on an intermittent or ieduced leave schedule_ "Intermittent leave" is: leave -taken. in separate
blocks of- time due to a single event, rather that•► for one continuous period' of finite; and may include
periods of not less than 114 of an.hour and up to several weeks. The City may require.an employee'
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who is on a reduced work schedule or intermittent leave to temporartly transfer to an allernalive
position, with the same pay and benefits, if the alternative position better accommodates th
work schedule than the employee's usual position_ e required
4. Notice of leave_ An employee must provide at least thirty (30) days advance written notice of the
need for FML whenever possible, if thirty (30) days notice is _not possible; the employee must-give
notice as soon as possible_ If the employee faits to give .thirty (3G) days advance n
foreseeable events without any reasonable excuse for the delay, the City 'reserves the right otice for
postpone the Leave until at least thirty (30) days after the written notice was received_ to
5. Statement of health care provider_ When the leave is for a serious health condition, a health' care
provider must provide written: certification to support'. the request for leave. The statement for re
employee's :serious health condition shalt specify the commencement date of the event which prevents
the employee from performing the functions of his /her position, the anticipated duration of .the leave,
and a statement that the employee is- unable to perform the essential functions of his. or bet position_
The statement for the employee to attend to a family member shall state the date of commencement of
the serious health condition. the probable duration of the condition an estimate of the amount of time
that the health care provider believes the. employee needs to take in` order to care for the fatuity
member; and that the serious health cond. ition warrants the participation of the employee.
If the FML request is for the employee's own serious health condition, the .City may require, at its
expense; a second opinion from a health care. provider designated by life. Eity_ 'The health care
Provider designated by the City will not be one who is employed on a regular basis. ty the City_ if the .
second opinion differs from the first opinion', the City may require, at its expense, than the employee
obtain a third opinion by a health care provider approved jointly by the City and -the employee_ The
third opinion shallbe considered final and binding on the City— and the employee_
A new statement from a health care provider may be required if the employee requests an- extension
to the leave requested in the original statement:
The City does- not require the certification disclose the underlying diagnosis without consent from the
employee.
6. Pay during leave. FML is unpaid except to the extent the employee elects to substitute accrued paid
leave time_ An employee may use accrued sick leave-when the FML is for the emplo yee's. or the
employee's family members serious health condition. An employee may substitute accrued vacation
leave, compensatory time off - and /or paid administrative. leave for any .FML_ .The substitution of paid
leave time .does not*extend the 12 -week maximum leave time_
7: Insurance benefit premiums during FML_ An employee is eligible for. the same ir?surance benefits
and premium payments for each benefit during FML -as if the employee were'- not On leave, for a
maximum of twelve (12) weeks. An employee on unpaid leave beyond the twelve (12) weeks is no
longer considered on FML and; therefore, K the employee willies to continue health insurance
coverage he or she may do so at his or her expense, of the City's group rates_ The employee must.:
arrange for payment of his/her premium contribution, in advance_ A lapse in insura .
occur if a premium payment is more than 30 days late. nce coverage will
8. Other benefits during FML_ During any portion of FML for which an employee substitutes lithe. paid
leave benefits, the employee will continue to accrue paid leave benefits lie., sick. leave; vacation
leave); seniority, and other benefits to the same extent that the employee would accrue thosw'benefits
if hot on FML_ Employees on FML are not eligible for holiday pay (e_g_ paid for-hotidays.worited) for
holidays that fall during FML
9. Reinstatement_ Except as provided in Section 21.3.7, an employee who takes FMl sf?afI .be eligible
for reinstatement to the employee's former position at the form rate of pay. H.oinieuer if the position.
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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 employmenl as if not
on FML.
If an employee faits to report to work promptly at the end. of FML, the. employee will be assumed to
have abandoned his /tier employment unless additional leave has been approved.
1'0. Reinstatement for-..key emp toy ees� .Ii reinstatement of a key employee causes a substantial and
grievous economic hardship.. to the City,. the City may deny reinstatement of the key employee to the
position held at -the time FML was requested. A key employee is defined as an employee who is paid
on a salary basis and is among the highest paid 10 percent (10 %) of all City- employees as determined
at the time of the request for leave.
11. Statement regarding return to work_ if the employee takes FML leave for his or her oven 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 surgeons certificate under applicable California law or any. other individual duly
licensed as a ptysician, .surgeon; or -osteopathic physician or surgeon in another state or jurisdiction
who directtytreats or supervises.the.treatment of serious health conditions or any other person who
meets the definition of'others "capable of providing.health care services- as set forth in the federal
Family and Medical Leave Act and its implementing regulations_
G_ Precinancv DlsSabilitv.Leave -
1. Eligibility_ A41y employee who is disabled frorn working due, to. pregnancy, childbirth or related
medical conditions is eligible for Pregnancy Disability Leave (PDL).
2. _ Amount of .PDL.. PDL wilt be'allowed for the period of disability but not to exceed four (4) months (88
working daysfor.futf time employees and pro-rata for part -time employees)_ PDL. may be taken on an
intermittent or reduced hour basis when determined medically advisable by the employee's health care
provider, e.g., for morning sickness, prenatal doctor's appointments_ The smallest increment of time
that can be used for such leave is 114 of an hour. The City may require an employee -
who is on a
reduced schedule or intermittent leave to temporarily transfer to an alternative -position, if the
alternative position better accommodates the required work schedule_
3_ Notice of PDL Whenever.ppssible, an employee must provide at. least .ihidy (30) days advance
written-notice, .of the need for PDL, It 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 adviisable and can be reasonably accomrriodaied_ Where-
transfers are made based on- the employees health, needs, the employee will receive the pay specified
for the atternate.Position_ and /or duties-
5. .
5. Statement by health care provider_ An employee requesting. PDL shall provide the-Human
Resources Department with-.certification from her health care provider stating the anticipated delivery
date and`estimated dates and duration of the disability. if there is a•Change in diagnosis, and the dates
are either accelerated or delayed, notification from the health care provider is required_
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A health care provider's statement must be submitted verifying the need for pregnancy disaliitity leave
Or for transfer, stating the followirig_
a_ The date on which the employee became disabled due to pregnancy, childbirth or related medical
condition or the date on which the need fora transfer became medically advisable;
b. The probable duration of the period or periods of disability or the need for "transfer; and
c_ A - statement that, due to. the disability, the..employee is unable to .
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 extensio
specified in the origin -at statement. n of time beyond that
Any changes in the information contained in the health care provider's . statement must be
Promptly reported by the errrployee to the Human.Resources Departmerit_
6. Use of accrued leave while on pregnancy disability leave-. An employee may use anycombination
of accrued paid. leave during the duration of PDL The substitution of paid leave does not extend the
maximum length of a PDL.
7. Insurance benefit premiums during .PDL. An employee Will receive the same- insurance benefits
and premium payments during PDL as if the employee were not on leave, for a maximum of twelve
(12) workweeks. An employee on unpaid PDL beyond this period may. continue .health insurance or
other benefit coverage at own her expense. at the Citys group rates_ The employee must arrarige.far
Payment of the premium contribution in advance_ .A .lapse iii insurance coverage viw7t occur - a
Premium payment is more than 30 days late.-
8 Other benefits during PDL. During any portion of PDL for which an employee substitutes other paid
leave benefits, the employee will continue to accrue. paid leave ben6frts .(i;e_. sick leave. vacation .
to-
leave), seniority, and other benefits to the same extent that'the employee would accrue those benefits
if not on PDL_ Employees on PDL are not eligible for holiday pay (i_e_'pay for holidays yvorked) for
holidays thal-fall during the PDL_
9. Reinstatement_ An employee who takes PDL shalt be eligible for reinstatement to her former positron
at her former rate of pay. However, if the same position is no longer available due to business
necessity, the City may instead offer a job that is comparable in. terms of pay and duties. ,
If an employee" faits to report to work promptly at the end of PDL, the employee will. be assumed to
have abandoned her employment unless additional leave has.been-approved.
10- Statement regarding return to work. The City requires an.emipIgyee "returning. from DL 'to.- provide
a statement -from a health care provider that ce f?
rtifies the employee's fitness for duty, .
11. Other work_ The City shall take appropriate -disciplinary action if it deterrnines that an employee. has
engaged in other work during 'a PDL that.is inconsistent with the employee's use of PDL_
12_ Definition of health care provider_ A health care provider as -used heiein means a
either a physician's and surgeon's certificate under. applicable California law or awn rosteopll
physician's and surgeon's certificate under applicable California' law'or any .other individual duly
licensed -as •a h
e ysician, surgeon, or osteopathic physician or surgeon in another. slate or jurisdiction.
who directly treats or supervises the treatment of serious health conditions ot any'oiher. person who
meets the definition of others. "capable of providing health care services 'as set forth in the federal
Family and Medical Leave Act and its implementing regulations_
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!_ Wo.rk- Related iniury. And Illness Leave -
1_ Eligibility. All City employees are covered'by Workers' Compensation Insurance_ All regular-
employees are eligible for industrial sick leave as_ provided in the current applicable memorandums)
of agreement_
2. Reporting accidents ' and injuries_ An employee .who is injured . or becomes ill in the course of
employment, must immediately report. the incident to The employee's supervisor_ The supervisor must
provide an Employee's Claim.for Workers Compensation Benefits form to the injure d�ll employee for
completion as soon as possible_ Within 24 hours of receipt from the employee, the supervisor must
submit the completed supervisor's report of injury to the Human Resources Department_ An employee
who fails to promptly report a work- incurred injury or illness to his of her supervisor may be subject to
discipline, .up to and including termination_
3. Temporary disability benefits. An employee eligible for temporary disability payments under. the
Workers. Compensation Law.will receive the amount as provided by that law.
4_ Salary continuation integration with accrued leave_ Employees receiving temporary disability
payments under' the Workers' Compensation Law may elect to use accrued paid leave benefits at the
same time they are receiving temporary disability, but only up to an amount which, when combined
with temporary disability payments, does not exceed one hundred (100 %) percent of the employee's
normal salary_ Accrued leave' hours shall be charged to the extent of wages paid by the City to the
employee_
5_ Termination after work related:mjury" _or diness: Unless otherwise prohibited by law,- an err►ployee
may be terminated after :ihe treating physician's finding that the employee's condition is "permanent
and stationary" and that the disability precludes the employee from doing the essential functions of the
job_
6. Anniversary date: 'A requtar employee who is- absent from work as the result of a work4ncurred injury-
or
illness -shall retain tiisfher anniversary date_ An'employee who has not completed the probationary
period is ineligible for certifcatiori to- regular status during leave for a work - related injury or illness and
the date for completion of the probationary period will ;be extended to reflect the amount of time.absent
on such leave_
1_ Witness Duty -
An employee who. is required to appear as a witness or to otherwise participate on behalf of the City in any
judicial or administrative proceeding shalt receive pay as though at work for time spent in the proceeding_
The employee must remit any-witness fees received to the Finance Department, Payroll Office_
An employee subpoenaed to appear in a proceeding in which the City is not a party shall tie granted. leave . .
without pay during the',liriie required for -.that appearance, except where necessary to maintain the'
employees exempt status under the Fair Labor Standards Act. The employee may use accrued vacation,
administrative leave or compensatory time for this purpose_
J_ Jury Duty, -
Aff regular and-probationary ernployees•catled to jury duty will be granted a paid leave_ A copy of tfie jury
summons must be given to the Human_ Resources Department_ The employee shall receive full pay for the-
time served on jury' duty, provided the employee remits to' the City all fees as soon as. received by the
employee for such duties_ Compensation for rnileage•or subsistence allowances shall not be considered'as
a fee and shall be retained by the employee.
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Att.other. employees will be 9ranEed leave without
exempt status under the Fair Labor Standards Act. pay except where necessary ;o maintain :tfie empjoyee's
if an employee is required to report to jury duty within 2 hours of the scheduled start of the workday, employee is not required to report 1r work at the start of the workday, but shall report directly to jury duty- 1f
. an employee is released. from -jury y y, the
employee is required !o re y duty with, than one -half of his /het workday remaining the
port to work to complete the regutarly scheduled vdorkday_
K- Unpaid Administrative Leave-
-
l- Eligibility. Upon written request 'of an .employee, the Personnel Officer may approve in writing an
unpaid leave of absence- without'pay for a period not to exceed six (6) months.
2.. Reason .for.aeave_ 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 faei[ity.or in kinder
granted up to .40 -hours in a 12 -month period (not to exceed 8 hoursti� rough grade will be
n one month) to visit the
school site, if..reasonable prior notice is given to the Personnel Officer_ .Additionally, a parent,
grandparent, or.guardian of: a child May take time off fo appear at a school in connection pah the
suspension of a child_ The employee may use accrued leave for sc
exhausted, the Personnel Officer may allow the employee to work l liter If accrued leave is schedule to
accorrimodate 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 PersQnnei officer on return to the lob_
b. Voting leave_ Any employee, if he.or she. does not have sufficient time outside of working hours
to vote, may request up to two. {2) hovr's of accrued paid leave either at the beginning or end hours
scheduled working hours to' enable the employee to vote. If the ern i
leave, time off shalt be granted without employee has no accrued paid
under applicable state and federal wage and ho laws. . necessary to maintain exer►iplmons
c- . , Domestic violence leave: An employee who is the victim of domestic violence may lake unpaid
-leave or use any available paid rime off benefits to ensure his /her health, safety or welfare, of that
of'hislher. child; by obtaining a temporary restraining order, a restraining order, or other court
assistance_ - Additionally, an employee -may take.'Ieave to seek m
treatmen t,. to obtain necessary. social services; and /or to participate in safe y.pr Psychological l del
other actions: d increase safety- .The employee must provide re'
easonable notice of the need for
such leave and shall provide.evidence safisfactory to the Persoririel
-or more of the activities specified in -the Officer of participation in one
Exceeding sentence_ The arnoun; of leave provided shall
be in accordance with Labor Code section- 230.1:
d- .Crime victim assistance leave_ An em o ee who is the victim of a- crime, -the immediate fa
Member of a victim, a registered domes e, of a victim, or the child of a regislereif domestic
family
partner of a victim may take an unpaid leave or any available paid.ti benefits to attend
judicial proceedings related to that crime_ me off
e- Emergency duty and training leave: Volunteer firefighters and other emer
take an unpaid Leave or use accrued leave to perform eme► .e personnel may.
may take up to 14. days leave r 9 n y.dut- Volunteer firefighters en
provide reasonable notice to the Perso calendar
of the need for such leave and shalt provide to training, The empfoyee must
the Personnel Officer safrsfactory- evidence of.participafron in the emergency duty or training:
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Miscellaneous leave_ In addition to the leaves described above, the Personnel Officer may
approve other requests for unpaid leave at hislher discretion_
.Health Insurance 'Benefits -
1. Benefits_ The City provides group medical, dental, and vision insurance to eligible employees arid.
their dependents and domestic partners (effective January 1, 2005) as. detailed in the apEilicabte
MOM and City Council resolutions outlining conditions of employment and benefits_ The Personnel
Officer shall maintain records .of the terms and conditions of-the health insurance and other benefit
'contracts, benefit levels, and administration procedures_ More detailed information regarding these
-benefits is set forth in the official plan documents and insurance policies4hat govern the plans_ If there
is any actual or apparent conflict between the brief summaries contained in this policy and the terms or
limitations of official plan documents, the provisions of the official* plan documents Will prevail.
Employees who wish to inspect those documents may make an appointment with the Personnel
Officer for that .purpose_ Due to changes in MOAs, terms, conditions, benefit levels and
administration requirements may be adjusted from time to time_
2_ Commencement of benefits- The benefits described in this-section shall begin the first of the month
following the first day of employment or on the date -of -hire if it occurs on the first of the month
3_ Health insurance waived by certain employees_ The City provides el"rgibte) employees alternative
medical benefits when the employee has coverage from another source and the employee waives
benefits under the City's plan_ These alternative benefits are described in Resolution No_ 96 -203.
4_ C_O_B.R.A_ The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires. the City
to offer employees and'their eligible dependents an opportunity for a temporary extemsion'of -Health
coverage upon separation of .employment or toss of dependency,status. The specific provisions and
restrictions of the Act are available from-the Human Resources. Department.
M_ Miscellaneous Employee Denefits -
1. Disability wage:plan. The City provides a disability wage plan.to regular -full time and part-time
employees_ 'Benefits and conditions of the plan are more specifically described within the City's
Disability Wage PlariAocument-available upon request from the Human Resource's Department_
2_ Long-4erm disability insurance. City provides long - term disability. it surance to- regular full -time .and
regular part -time employees_ The purpose of LTD' insurance is to provide eligible employees :with a
percentage of normal income when an- injury or illness.occurson 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 eond►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-'(1001A) of
the employees normal monthly income_
3. 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 61 -270 for the details of this program_
4- Employee Assistance Program (EAP). The City provides, at no cost to all regular fult-tirne and all
regular, 12 -month part -time employees, legal dependents, .and. domestic .partners (per AB 205
effective January 1, - 2005) an employee assistance program_ The program provides access to .
professional counselors and therapists to assist employees in resolving stress resulting •frorri personal
issues, substance abuse, grief or work - related issues_ Any information provided to a counselor 'or
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therapist is confidential_ No information is provided to the City
more a counselor. For mor regarding an eligible member's use of,
Foe To make an appointment with lor call Cigna - Behavioral Health at.(888) e information, contact the Human kesources Department_ 377 -1125-
5. Health Care Taxtfree dollar account program_ This program allows permanent full -time or part -time
employees to set. aside a. maximum of $3;000 ,per calendar year of before tax wages for" medical
premiums; co payments: or out Of pocket •medical costs, as: auFhorized 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 subjectto change due. !o changes in federal and /or state taw"
ti- Dependent Care Assistance program: This program allows eligible
to Set aside a maximum of full -time or part -time employees
$5,000 per calendar year before tax wages for child care expenses as
authorized e the internal Revenue Se
employee be rvices and the California Franchise Tax Board. A regular
comes eligible. on dale of hire- Employee participation in this program is coordinated
through the Finance Department- The tax deferral limits ar
federal and /or state law_ e subject to change due to changes in
7. Deferred income program_ The City participates in a deferred income program now being
administered by National Deferred and ICMA_ ' This program allows eligible full -lime or part -time
emptoyees to set aside a maximurn of $13,000 per calendar year ($14,000 in 2005, $15,000 in 2006)
of before tax wages for: post - retirement income- as authorized by the Internal Revenue Services and
the California Franchise Tax Board-.A regular employee becomes eligible on date- of -bire" 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 t3 program_ Betow:is an. explanation bf the.City's Hepatitis B Program-
Employees xpho fnay'have to perform -first aid as a regular -job duty or are in positions which aright
expose them to bodily fluids need to be offered the Hepatitis B Immunization Program per the City's
Blood - borne"Pathogens Program_
These job crassifications are-
Public Safety Officer
P,S- Sgt_
P_S Lt.
P_S- Division Commander -
Director of Public Safety
Community Services Officer
Evidence Technician'
Property Specialis!
Vol. Auxiliary Firefighter
Reserve Officer
Seasonal: Maintenance.Assistant .
MaintenanceHeiper
Maintenance Worker .t
Maintenance Worker 11
'Public Works Services Supervisor
Recreation .Supervisor
Ai the.time.ot the pre- emptoyricient physical, the candidate has a. blood test that lets the City know if
they Have the Hepatitis . antibody_ " At the einpfoyment orientation, Human Resources. Department
provides ihe.new empiojee (ii they are intone oi, the jobs classes fisted above) iniorma -Deep rtment
Hepatitis B is and acheck -.off form, which irxiirates whether or not they wish the 3 -shot irrimunization
- Homan Resources (HR) logs in the employee's response in its safety records-
Program
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Employees who wish the 3 -shot Hep- B series go get their shots,.inforrn HR when"lhey received each .
shot, and turn in their receipt for reimbursement. Employees " wrath 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. Heafth Dept- and submit their
receipt for reimbursement- It is important that the employees not miss an apps- for a. shot as they
might have to-repeat the series" There are specific timefrzilbes for each shot_
If an exposure incident occurs at work, under workers compensation, the City has the employee
tested and if necessary they are given a Hep. B booster shot for.addifiorial protection -
SECTION 4 - IN -HOUSE RECRUITMENT
A. Transfer - if an employee is qualified,, the Personnel Officer may approve the transfer of an employee from
one position in the City to another position in the same class or to another. position in a.differenl.class with
the same maximum salary"
1- Types of transfers'.
a, Voluntary request for transfer initiated by department supecvisor.andlor employee.
b. Involuntary transfer 'initiated by the:Personnel Officer to betfer serve the needs of the City.
c- , Transfers for-disciplinary reasons are subject -to the provisions of Section 8-
d. The Personnel. Officer may transfer an erriptoyee to a class -with a lower maximum: salary. with the
consent of the employee, provided the employee possesses.the; desirable.quatifrcations for the
position to which he/she reassigned_
2- Process for transfers- Transfer process and approval is made as follows: '
At least two weeks prior to the transfer, a notice will be "sent to the affected- employees) and
bargaining unit(s) stating the nature of the transfer and an explanation as to why-the transfer is
necessary-
b- The employee has a right to respond in writing within live (5) workdays from date of notice:.
c_ The employee has a right, through their bargaining unit, to file a grievance wit frme limits
established in the grievance procedure -
B_ Promotion —
i_ Qualifications. A person may be moved to a class with a higher maximum salary only.- rf belshe has
the" desirable qualifications for the higher class- These desirable quaIW&aIiions are ascertained on the.
.basis of information obtained from application forms, tests, examinations, - interviews, past peifetmance*
.
reviews or evaluations, andlor input from an employee's supervisor-
2- Intemallexternal .recruitment- In' filling vacancies for positions above entry- level, aorrsideration 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 emptoye_'es are riot available to
fill the vacancy. The, City reserves the right,to conduct -an open recruifinent proces "t o. f%tl•a vacancyin
a higher -level position or to fill the vacancy by�- advancement of'a qualif"ted.emplayee that currently
occupies a lower -level position_
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3 Request for eligible employees: When a vacancy occurs, the Supervisor may request a list bf
names of persons in City employ who Qualify. for promotion to the vacant position for c
from the Human Resources Department. onsideration
4_ Determining Pay for promoted employees_ Refer to Section 2 — Pay Plans and Compensation, Pa "rt
B, Section 3_
Trainee Program' - In an effort to provide upward mobility opportunities for current City employees and to
Provide employment opportunities to the general public, the. Personnel Officer can add the Word "Trainee'
to any classification, within the financial ability of the City, except those represented by 'a bargaining .unit,
employed by the City and to recruit and select individuals to fill positions as deemed appropriate_
1_ The training program provides an opportunity for a current employee to gain additional skills by_
a_ additional experience in a different classification;
b_ additional schooling;
'c_ completion of an appropriate examination;
d_ obtaining a State certificate or license in a specific classification_
2_ Recruitment .for these positions may be promotional or open as deemed appropriate by the Personnel .
Officer and the Initial salary would..be up to thirty percent (30 %) below the beginning of the established
salary range_
3_ Transition from trainee classification may occur as early as six (6) months. but no later than two (2)
years from the date.of.appointment_ Minimum qualifications for the position musPbe attained prior to
Personnel Officer_
transition_ Transition may occur upon recommendation of the Supervisor and approval of-
the
1_ Apprenticeship Program - The. City may establish an apprenticeship program in partnership wi th. a local
schbol 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
resulting:from the in -house recruitment process-
SECTIONS- RECRUITMENT PROCESS
Announcement of Vacancies - Notices of employment- opportunities in the City wilt be first announced in
house, via electronic: mail, allowing current employees the opportunity to apply for the position_ The
announcement will also be posted iii the City offices and pubficized in any other ways necessary to attract
the best qualified candidates_
1 _ Open recruitment: Tile Personnel Officer has the discretion to. begin open recruitment outside of City
employ when he /she knows that the City does not have employees with the required knowledge or
skills:
2_ Notices; Such notices list the classes in which vacancies are ant'�cipated, specify the class title, salary
range; fringe benefits, the nature of work. performed and the qualifications -required for em b
the class, tell when and where to file a P yment in
testing, scoring and selection procedure to bemused_ for employment, and _.give information about The
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Applications - Every applicant responding. to a City. recruitment shalt f ile:an official City .application. form.
Applications shall be available in -the Cily's: Human Resources office. Applications
and supporting.
documentation filed with the City are the property of the City Any information on the application will not"be
made public_
1. Application form_ The form by which a person applies for a position with the city is prescribed by the
Personnel Officer and requires information about the.applicant's training; experience; qualifications
and any additional information the Personnel- Officer deems pertinent to an evaluation of the
applicant's fttness*for a position_
2_ Deadline for fling applications_ Appl"icafioris and all required documents Must be filed in the Human
Resources Department on or before the final, fling date and time specified in the position
announcement.
3_ Rejection of applications. The Personnel Officer may disapprove an application, disqualify an
applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed:
a. tacks any of the requirements established for the examination or position for which application
has been made;
b_ excessively uses narcotics and /or intoxicating liquors to the extent that they are unable to perform
the essential functions of the position;
c_ an employee that is not physically and /or mentally able to perform the essential-functions of- the
job, with or withoutreasonable accommodation;
d_ � has made any .false statement- oromission of.ant's'Igruficant faet,.or has pracitced or attempted to
: practice deception or fraud in the- application; : iii- declarations, or iii -securing eligibility or
app pointment;
e_ has-directly or indirectly obtained information regarding the content-of an examination to which an
applicant is not entitled;
f_ previously been dismissed for cause from'apy 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 maliirg; to communications
concerning availability for employment;
J, has made himself/herself unavailable for .employment by requesting that 'his/her name be
withheld from consideration_
j_ for anymaterial cause which, in.the judgment of the - Personnel Officer, would.render.the"applicant
unfit for the particular .position, including a prior. resignation from City services accepted 'with
prejudice
4_ Criminal convictions_ Convictions (including pleas of guilty and no �o coniendere) may disqualify an
appficarit iroin employment by the City_ Criri»rial convictions do not necessarily disqualify.individuals
frorit.ernployrtieiiit with the City, -In deteitmihing whether an individuat -with a conviction is disqualified,
the Personnel Officer will consider the following factors.
a_ the employment classification to which the person is applying, including its sensitivity.
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b- nature and seriousness of the conduct,
c. the length of time since the conduct,
d_ the age of the individual at the time of conduct,
e_ circumstances surrounding the conduct,
f_ eont6butingsocial or environmental conditions, and
g_ the presence or absence of rehabilitation or efforts at rehabilitation_
5_ Employment of relatives. A position within the City wilt .not be- filled: by an :individual, where tha!
individtiat would be subject to supervision, evaluation, discipline,. or decisions.regardirig compensation
by a close relative_ No person will serve in a department where the Supervisor is a close relative or in
a- division where the division head is a close relative_ For a definition of "close relative," see the
glossary of terms at the conclusion of these rules.
6_ Notification of disqualification - if an applicant is deemed disquafrfieeg4or any of the above reasons,
the Personnel Officer will notify the applicant or eligible in writing at'his/fi& bst known. address, of the
action taken- An applicant has the right to respond orally or in writing within five .(5) working days from
the date of mailing to the Personnel Officer, with no further right 10 appeal-
Selection Procedure - The method used to select employees shall -be. impartjal and shall relate to those
subjects which fairly measure the abilities to execute the du t.
#tie class. to iho in
which the vacancy exists_ Selection procedures consist of one or more of the rnetlrods tested lsetow_ The
same method shall be applied equally in a single examination_
l- Application. Information the applicant supplies on #tie Guys app{icaUor* lotain: an}r.atiachrnents
thereto will be reviewed under the supervision of -the 1=ltiri�an F2esoufces Assisfarit °or his/her i#esignee
and the applicable department supervisor_ The same criteria: and point system is utilized for all
applicants for the same position_
2_ Examinations_ The selection techniques used in the examinations process wi ill' be impartial; practical:
and related to those subjects which fairly measure the relative capabilities of the apprtcarit examined to
execute the duties and responsibilities of the class,lo-which they.seek -.to be appointed_ Examir►ations— - -- -
may consist of, but are not - limited to, such tectxtiques as writteFl. tests,:
[ ormance tests, assessment centers, review of persortai ?oteMeti '*. skids and
Performance, evaluation of work samples evaluaEions, ev2tuattbn Qf.daily.wortc
3_ Documentary evidence_ Applicants for positions .are required to: provide documentary evidence of
education; training, - or experience_ The City reserves the right
I. the skit level of arfy-appticant:
4_ Scoring and rating_ The Personnel ` Officer will estabCrsh the- relaiiue weights :of: examination and
other. 'components of a position. The basis of the 16al sccrre`'wRt be•; included .ir> 2he: job .
announcement_ Scoring and rating systems may be numerical or non- Nill! ieal.as determined by the
-Personnel Officer_
a- Appointment preference on open /promotional recruitments will be' extended to arty .regular Giiy,
employee_ Regular city employees will be granted the follow ingseorirtd:pret� 6 6ri _ 1 %fla:each
Year of service, with a maximum preference of't0 %- Depending on ti e• ,� established for
the classification recruitment, the preference may. be .expressed as an a c
ddjtionat perentage or
additional points_, example below for delailed explanation_
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PERCENTAGE tVALUATION.(samrile)
Emp)oyee's Total Score = 80%
Years of City Service as.a Regular Employee = 10 (calculates to an additional 10 %)
Employee's Adjusted Total Score = 80% 10% = 90 %,
POINT EVALUATION (sample)
Employee's Total Points = 175 out of a possible 200
.Years of City Service as a. Regular Employee '= 10 (calculates to an additional 20 points 1200 x
10% = 20].
Employee's Adjusted Total Score = 175 20 = 195'
'The combination of an employee's perfo�mance•in the examination process and years of service
may give Che employee:a higher score than .tt a maximum possible_ 16. such a case, the employee
shall receive the actuat score. calculated above the maximum and be ranked accordingly-
Specifically, for the examp {es .listed above; the employee achieving the maximum score on the
percentage evaluation would. receive a total score of 100% + 1.0% = .110 %; . and on the point
evaluation receive-a total score of.200 + 20 = 220-
b_ In accordance with Resolution 2001 -271, the City does 6 grant preferential status to any select
:group of .persons--when, applying for a posiiion_
D. Interview Process -
1_ Interview iioards.:.The Personnel will.assemble and appoint interview boards_ These boards
may bei coriipns;ed.of ";private citizens;_.experts in"the•field,' members of another agency, City officers,
City emp {ojree ,-an0or'tlargaining.urtit representatives:
2_ Intl r"Iew rs,rernarks. Interviewers niark:on:forms.provided the degree to which, in iherc.judgment;
�......:
each candid . 4-1- esses:.the desired:gUalificatioris_ The interviewer's remarks will be translated into
a numerical.score_ :Scorirxj street nn4 interviewers ''remarks are confidential.
E_ "El'r_c ibility Lists - After each selection procedure has been completed, the Personnel Officer or his/her
designee will prepare ari eligibility list contain- the, names of applicants who qualify for appointrrierzt to
positions in a parfiOwbi Class_
1. Rankirrg:.f'lace.tbe riames::of the.gtialified appticai►Is ( "eligibles "):on the eligibility list in the order of
.their float ranking,. as determined, ":by- the�selection: process, with the highest rated eligible at the top of
the list {f' more Thai► qne person has the_sariie score, the navies will be placed in alphabetical order_ '
2- Duration, of list_ . The eligibility list remains in effect for a period of six (6) months, unless the
Pers9rine! Ofiicee _extends. flits.period„ Jos a:period. hot to exceed (1):year. The'Personnel Officer can
reduce the period i# "ih,"41st:coritains less than 5 names. In'the.event of early cancellation of an eligible
list, the i•Persortrie{ O ficer M.— notif}r "each person;.whose• name appears on such Gst to this effect via
road to Ns/fief. tasf kFlowri:addiess. This.riotice is to include -an explanation as to why the time frame
has been changer!_
3_ Removal from Ast. An applicant may be removed from a given etrgiblity list by the Personnel Officer
for any 917 the following reasons:
3-' appointment to.ti a claOO_1 aiion for which the eligible list was originally-established
b_ ' request* by th' applicafif for iemoval from the list;. "
c_ failure to continue to meet any of the minimum standards established for the position for which
the eligible list was prepared;
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d- failure to contact the Personnel - Officer within five (5) working .days from the dale of notice of an
interview or offer of appoinlment;
e. determination by the Personnel Officer tha
Provisions of Section 5.B.4. t the applicant has viola-1. ed one or more of. the
4. Vacancies- When a vacancy occurs in a class for which -there -:is an eligibility fist :the Personnel
Officer will. transmit the names, and,alf supporting docuMeAls, of all candidates with the top five
ranking scores on the eligibility fist to the Supervisor for consideration-
Appointment Process -Alt appointments Io position vacancies .will be made in accordance with These
rules and regulations: The power 10 appoint and dismiss Gity employe
(Personnel Officer )- es is vested in the City Manager
I- Vacancy. The vacancy will be filled by appointment of an-eligible candidate from an appropriate
eligibility list, except as provided in 2 below-
2. Exceptions.
a. No eligibility list. The Personnel. Officer may make a provisional.appoiniment to a position i€
there is no- eligibility list for -the class' and if the needs. of the .service require that the position be
filled before a selection proeess.cari be completed_ -A -prov's- ral appointee must_ .
i. Meet the requirements of training and experience established for the position; .
ii- Not continue for more than thirty (30) days- in 'the provisionl appoinfinent after an eligibility
list for the position has been established unless.thOe are no eligibles on such ek. Wrty list
who are available for or who wish, to. be- considered. for appointment to the position;
:. iii. . The Supervisor may. submit a written request. and- j6slification to the Personree€ Officer to
extend the provisional .appointment in six* (6) month" irii rements: No mOre : than two (2)
eidenstons may be granted for each provision) appoiritrr3en$_
b_ Emergency_ In an emergency which ' threatens fife, property, or the. operation of necessary
municipal services, the Personnel - Officer may employ an individual not on the eligibility list for not
more than thirty (30) calendar days-
3- :Pay.- A new' appointee shall receive the minimpm
allocated,. except t -salary for the
class to. v+rhich the position is
i_ In cases of extreme difficulty .iii filling. a, position, -tle Personae! .Officer niay approve
appointment at a salary above itie tniriur►urri = in such, cases, -all incumbent employees ;in the
class to which the appointment is made shall. be "placed on at.feasf the same step -of the
salary.range as the new appointee; or
ii. In hiring exceptionally qualified personnel, the Personnel Officer may approveppointmenis
at a salary*above the minimum-for, the class:
Conclit4or►al Offer of Employment -An offer of employment is contingent upon !be results of the fottowi
ng;
1_ Reference checks_ Prior to conducting reference inqukies.a prospective
sign a release allowing the City to acquire information about the a employee will be required to
applicant from former. employers.
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2. Medical, examination. Applicants who have been - offered a regular position with the City are required
to-participate in a pre -employment physical_
Each job classification has specific physical-standards and are reasonably related to job requirements.
The city.is notified only that the prospective employee is medically qualified, conditionally qualified or
-disqualified; no other medical information will be. released_
3. Fngerprints -and criminal background . check. Aft persons employed by the City wi11 be
fingerprinted and .law enforcer66nt 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. BA
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, [raining, 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 riot less than twelve.(12) months for miscellaneous
employees, riot less than eighteen (18) months for dispatchers, not less than eighteen (18) months for
sworn Public . Safety . employees, and not- less than -twenty-four (24) months for Management
employees. Employees who receive promotional appointments must serve another probationary
period of at least six (6) months. for non- supervisory employees and twelve (12) months for
supervisory employees (includes management classifications)_
2. Leaves of .absence during. probation_ It an employee is absent from work for longer than five'-(5)-
workingdays during the- probat"ronaryJ>er." "rod, the City -may extend the probationary period an amount
-of time equal to. the days missed if necessary in ordei'to properly evaluate an employee"
3.. Extension .of probation period_ All efforts. will be made to- sufficiently evaluate the probationary .
employee dris.'rngahe .assigned period. An extension of the probationary period may, however, be
recorrirnended by the supervisor and /or .Personnel Officer when cause exists_ if additional time is
needed to evaluate the employee, the supervisor or Personnel Officer can .extend the probationary
period for an additional period not to exceed. three (3) months_
:a_ . Extension of probationary period wilt be based on the written performance review.
b_ The performance review will take place ten -('l0) working days prior to the end of the initial
probationary period_-
4: Rejection during probation period_ (During the probationary period, an employee may be rejected at .
-any time far any reason, by. the Personnel Officer_ Employees who are dismissed during their
tirobatibr►ary period: have no right to hearing or appeal_ Notification of rejection must be served to the
`probationary employee in. writing_
5" Promoted employees. .A "promoted employee who does not successfully complete the probationary
period' will be reinstated to his-or her former position or to a comparable position- K, however, dhe
employee is discharged for cause, -the employee has no right to reinstatement_
6. An employee. who successfully completes a. probation period achieves regular status in his/her. class
and is known as a regular employee_
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SECTION z.,- SEPARATION AND RElNSTATEMEN7
4n employee may be sepai•:aled from employment by resignation, dismissal,. retirement; 6r.1 on account 'of
ack of work or lack of funds_ The dismissal for cause of regular employees wilt be in accordance with the
xovisions of Section 8. Other separation procedures and reinstatement procedures are set forth below.
4_ Separation:and/or R_ esignation = An ernp(oyee wishing to resign is required io notify his /her supervisor in
writing . at teas(. twp weeks .prior to. then intended leave. from City employment: A. copy of the written
resignation will be..given to: the Personnei Officer and then placed in the..employee's personnel fife_
1. An employee who has resigned in writing may withdraw his/her resignation .prior. to the final date
slated on.the letter of resignation_ The withdrawaf letter will also be placed in his/her personnel file_
2_ An errzployee 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 may be denied future employment.
by the City_
3_ Reinstatement =Upon application of ,a former regular employee, who has property resigned, the
Personnel Officer may, at his/her sole discretion, approve reinstatement of the former employee as
provided below:
1_ An employee separated jrbm the City's ernploy.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 classificationjor.which the employee would have. been eligible at time of separation_ Former
regular full -time City eri►ployees returning to City service. within the six (6) month period wilt be granted
the full benefits they were receiving 41 lime -of separati on. as if there was no break in service_.
27 An employee -separated From the City's
heated as anew e .employ for over six (6) months who is reinstated" shalt be
mployee_
3_- The .City vi,iFl reiristate into-the,
nto the position.froin •which he/she has been promoted any employee who faits
•during -a promotion,to which he/she has been promoted_
4_ 'Any employee who resigns without proper notice or resigns during an investigation or disci
action will not be eligible for reinstatement_ plinary
5_ An employee who.is granted an authorized leave to which he or she is entitled under a federal, state
or Focal law requiring reinstatement -shalt be reinstated to his /her former .position as provided by law_
iayoff - Whenever it becomes. necessary'10 reduce the number of employees due to tack of work,
economic considerations changes in rn ssiM technological changes, or as determined by the Personnel
Officer based . on her factors :or *WA...a position_ -in. the classified services is 10 . be terreporarily or
pernianentty a[>Qlis)ied;.the 1.ersonnet Officer vuiU notify the l-tuman. Resources`Depar rrient the number of
employees io be. °Maid off.or itie riames and number of positions to be' abolished The. •
procedures set forth below is 't* esta[lisFi equitable standards to regulate such taydffs_ The Gitys deciswn
to. reduce its s. k .. ce is'a managernerit right, thus no due process or grievance procedures apply, the decision is not subject to "meet and confer" requirements. These roceciures apply only to and
employees (futt or part:time) and probatio . p pP Y y regular
nary erripfoyees (initial or promotionaUtiansfer)_
1_ Identification_ The Personnet.Officer on.the basis of the administrative needs of the City determines
the departments and positions subject to.layoff_
2_ Order of layoffl
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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 a 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 16elhevaft time spent
'in City service, in whatever capacity, expressed in terms of years, months, .and days.- The
seniority calculation shall not include disciplinary time off without pay.or time spent on unpaid
leave (unless federal or state law requires it to.be included in the seniority calculation).
ii_ Once seniority determinations have been made, layoffs aie :made in reverse seniority order
(i_e_ the most junior employees are laid off first).
iii- Ties in seniority shall be resolved by the Personnel.Officer, taking into account the past
performance, disciplinary actions (if any), supervisor recommendations, and such other facts
as will result in the City retaining the most qualified and efficient employees_
3. Notice_ Employees shall be given at least ten (10) business days written notice prior to the effective
date of the pending Layoff. A copy of the notice shall be retained in the employees personnel. file.
4- Exclusions. in certain instances, there maybe exceptions made in the order of layoff outlined above_
These exclusions.would. be made when:
a. specialty position when qualifications for the position could not be. easily obtained through a short
orientation or familiarization period_-.
b_ transfer in Lieu of layoff_ Within the affected department or departments, a regular- employee.who
is scheduled for layoff may be offered a.votuntary reduction in classification. to a lower ' job
ctassification' . provided he/she meets the minimum qualifications, aril /or. obtain prcificierrcy .
through a short orientation period_
c. a voluntary reduction by taking early retirement and/or `golden hand shake "_
5- Retreat rights /voluntary demotion in lieu of fayoN_
a. An employee who would otherwise be tail off has the right to retreat to a vacant position which he
or she previously held', provided the employee -meets the current minimum qualifications for.the
position_
b. An employee who would otherwise be laid off has .the right to retreat to another position in.the
same - classificatrori:seritis or:to any position the ernployee'.has previously held. and.for vytiich the
:employee is quatifed-that'is occupied'by an employee of lesser seniority_ The result is that the
more - senior employee "bumps" the-junior employee, who then is entitled to the retreat/demotion
rights set forth herein:.
•c_ An employee who would. otherwise .be laid off may request to be temporarily demoted to any
vacant position'forwhich the erriptoyee is qualified. -
d. An employee who wishes to exercise any of the rights set forth .in this subsection 5 rriustso notify
the Personnel Officer in writing within five. (5) business days of receiving the notification of
pending layoff-
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e: An .employee who retreats or is demoted to
probation a position as provided herein must serve the
probationary period applicable to the new position unless the employee previously completed the
probationary period in that position..
&_ Reinstatementlists The names of regular'eniployees who have been Laid off, including !hose who
have accepted a demotion or retreated.to another. position are to be placed on a layoff reinstatement
list by seniocity within ihe.cjassifcation from which the employees were laid off. An employee's name
remains on. this.tist for. a period _of one (1) :year from date of layoff; an employee's name may be
removed for any of the following reasons:
a_ Reappoiritfrient.of the. employee to his /her former. classification
b_ Notification from employee that he /she is no.longer interested in returning to the City.
c_ friability to contact the employee by mail or phone at the employee's last known address in the
employee's official personnel file-
d- Rejection by the employee of an offer of employment within the same job classification. Failure to
respond within five (5) business days of the offer shall be -deemed a rejection.
7_ Offer of reinstatement. If the position previously held by a laid off employee becomes vacant; or it
most se
another position within. the same classification series becomes vacant, then the employee with the
niority on applicable reinstatement list shall be offered the vacant position_
8. Restoration df benefits upon reinstatement_ When an employee is reinstated to employment after
layoff, all-his _or_ her prior service shall:. be counted toward the calculation of leave accruals and
seniocity_ Any unused sick leave Which the employee had accrued at the time of layoff shall be
restored:: ff an. efnptoyee is. - reinstated to a_•position in wfiich he or she was serving a probationary
plod at the'ttme- of"layoff; .alt fim on ixotiation prviousTji.completed. prior to layoff shall -be counted
toward determrnuxj when the. probaf'10 ry pe6od ends_
SECTION:7: = INCONJPATIBLE ACT1V1r .CONFLICTS QF INTEREST
4. tricotiy -eirp to Act
ivify - Certain. activities: are incompatible with elhical, effective employment with the City_
Alt City. employees are . prohibited from
1. Participating in improper political activity prohibited by the federal Hatch Act or pertinent provisions of
_Slate Law including the•Cafifornia`Government Code;
2. Using for private gain or advantage the
supplies of the City of a City position or the facilities, equipment and
ity,
3_ Soliciting any favors or --gifts' from persons; concerns or
business contacts with the- City; corporations who have, or seek to have,
t
4_ _Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts ' th the City in excess of the Conflict of Interest guidelines established in the
Rohnert Park Municipal Code Chapter 2.60,
5_ Divulging confidential information to anyone to whom issuance of such information has not been
authorized; or
6_ Participating in any empfoyment.or other activity, which will prevent an. employee from doing his/her
City�job.in art of icient. and ,capable manner, is illegal. pursuant to state.'
or federal taw, or which might
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result in a conflict of interest between the employee's- private interests and his/her official duties _and
responsibilities.
B_ . Outside Employment - City employees are expected to work for the City's bests interests and to devote
their best energies and skills to their positions. • For this reason. City employees are prohibited from
accepting outside 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. prohibi €ed - outside employment
- include, but are not limited to:
1_ jobs /business conducted during the employee's work hours with the City;
2_ Jobs/business that prevent the employee, from being available for necessary overtime or emergency
work period outside his or her normal working hours when. such overtime or emergency duty is a
regular pars 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.perforrnance or:conduct
problem and, except in cases of discharge, to encourage changes in behavior"
Disciplinary actions include but are not limited to:.counseling, oral repi•imanci,.Wtten .reprirb.beo, reduction in .
pay, suspension without pay, reassignment, demotion, and discharge. •Although..ihe " City`general[y applies the
concept of "progressive discipline," discipline may include any one or any' combination . of •actions, and the
actions need not necessarily be applied in a defined order_ Instead, the discipline imposed will be determined
according to the severity of the infraction(s), regardless of whether priordiscipline,has'been irriposed_
Only regular employees who have successiully completed their probationary period have the right a to* earing
and appeal as described in this section_ An employee not covered by this Section may �be disciplined without
.reference to these provisions; such an employee has no protected property interest in his or her employment.
A_ Causes for Disciplinary Action -Any regular employee May 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 condition's-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;
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8. Disclosure of confidential personal information of another employee;
9_ Negligent or willful damage to or waste of .public .equipment, property or supplies;
10. Improper or unauthorized use of City vehicles or equipment;
ii- Misappropriation, theft, or embezzlement of City property and /or funds;
1.2_ Unlawful .tip: mentor discrmminalion, or the failure to cooperate with the investigation of harassment,
discrKnination or othei unlawful activities;
13_ Possession of an open' container, use of, or being under the influence of alcohol, non - prescription or
unauthorized narcotics or .controlled substances during work hours;
14_ Excessive tardiness or.absences, except in the case of approvedleave;
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
RohnerWark Municipal Code Chapter. 2.60,
18. l allure to. observe•safety regulations
equipme nt; and practices, including the use of assigned personal protective
•
19. Discourteous, .unprofessional or abusive treatment of'the public or other employees;
20. Use of abusive language;
21_ Actual or threatened physical violence, .
22. Convictron.(including, by plea. of guilty or nolo coritendere) of a felony or any crime involving
turpi#ude, moral
23_ Conviction of a misdemeanor (including by plea of guilty or noto con tendere) that is of.a nature as to
adversely affect the employee's ability to perforrre the duties and responsibilities of his or her position_
i3_ . Minor Disciphrie- - All supervisors are authorized to implement .minor disciplinary measures_ Minor
disciplinary actions are notsubject to appeal: Examples of.mnor discipline include the following:
1. Oral iep6ma: nd_ An' oral admonition to an - employee vuhose conduct or performance must be
improved_ -and which details the areas for improvement, the degree of improvement required, and a
notice that failuree to improve "could' resutl in more serious ' disciplinary action_ . Oral reprimands ar
noted by the supervisor, but are not documented in the employee's personnel file. e
2_ Documented counseling_ A written. memorandum. showing that the supervisor has met with [he
employee to discuss a specific probtem(s) or deficiency and which "seas- forth the recommendations'
given to the employee to address: the problems) or deficiency 'in order to. improve performance.
Although a copy may be sent to the employee's personnel file, documented counseling memoranda
are. typically maintained in the supervisors file. until they, are inctuded..by .notation in the employee's
formal performnarice.eMoations_
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3. Written reprimand. A format written notice to an erriployee stating the specific details concerning the
subject of the reprimand, summarizing. previous related disciplinary. action; if any, and :describing the
plan for improvement. A written reprimand shalt include. the dale-.of the-reprimand arid a statement
advising the employee that continued conduct or. performance at such levels may resuft in more
serious discipline, up to and including .discharge. At the time a written reprimand is issued, the
..employee is entitled to bring a representative of his or her choice. • The'erriplovee shall review the
reprimand and sign it and then .shall be given a copy of it_ Written reprimands are not subject to
appeal, although an employee has three (3) working days following the.date of a reprir►iand to submit
his or her own rebuttal comments, which shall accompany the reprimand iri the. employee's personnel
file_
4. Removal of minor discipline records_ At the request of the employee, records of minor discipline
will be removed from the employee's personnel file three (3) years after the date of the written
reprimand or documented counseling. Records will be removed provided the employee has received
satisfactory performance reviews in the subsequent three (3) year period from date of the written
reprimand /documented counseling and no further discipline has been initiated_ The employee shall
initiate the request to remove records of minor discipline through his or her'Department'Head. The
employee's Department Head shall coordinate this request through Human Resources to ensure the
appropriate criteria has been met to remove the records-. Nothing in this section is intended to prevent
documentation of progressive discipline_ `
C_ Major Discipline - Major discipline may.only be implemented by Department Heads: Types of major
discipline include the following:
1_ Suspension. The temporary removal of an employee frorri the City'service without.pay for one (1) or
more working days. "Working days" shall be determined by reference to the affected employees
nor. mal work schedule.
2_ Merit decrease. A pay step reduction where.performance falls short of the normal standards or where
performance is clearly inadequate in one or more critical job duties.
3. Demotion_ The removal of an employee from one position and reassignment to.one of .lower grade or
classification.
4_ Discharge: The removal of an employee from City service when it has-been deterrhined 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_ Discipti4arV Process -Major Discipline_ Any imposition of major discipline must . follow the procedures set
forth below.
1- Notice_ Awritten Notice. of Intent to Disciptine.("Notice of•intent ") shall be prepared by the Department
Head in consultation with the Human Resources Department_ -The Notice-of Intent-shalt state.
-a_ The specific type of disciplinary ac* tion 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 theaight to respond
orally or in writing at an informal hearing to explain why the employee believes the proposed
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major discipline should not be imposed. A request for such a hearing must be submitted in
writing within ten (10) working days of receipt of the Notice of Intent.
2_ Informal hearing (i.e- Skelly. hearing)- At the employee's request, an informal hearing will beheld
prior to the imposition of major..discipline. This hearing is not.an evidentiary hearing; but. .rather an
-Opportunity for the employee to present information as to why. 'the proposed major discipline should not
be imposed_ Except by stipulation of the City and the employee, the hearing shall take ptace within
ten working (10). days of the employee s request for hearing; and it -.may tie' :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 Itie 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
employees 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 he tape
recording or transcript shall be provided to the employee upon request .t
-
d. At the hearing, the employee shall be given an opportunity, either orally or in. writing, or both, to
bring forward facts or circumstances which may cause the charges to be revised or dismissed if
the employees . information is presented by his or her representative, all statements: made by the
representative shalt be attributed to the employee as if made by him or her personally, and it is
the employee's obligation to correct any misst atement(s) by the representative_
e_ Following the hearing the hearing officer will.make a written recommendation to the Department
Read who issued the Notice of Intent as to Whether the proposed .diseipii �e.s to the
be part men
modified, reduced or dismissed.
3:. - Notice of discipline_ Following the informal hearing, it requested, the same Departirrent -Head who
issued the Notice of intent. shalt consider the hearing. officer's recommendation ao. determine haw to
Proceed_ li he or she decides to dismiss the proposed discipline; written notice of the dismissal shaft
be.provrded to the employee as soon as-practrcable. if the decision is to impose discipline either as
proposed or.in some modified or reduced form, a written Notice of Discipline shall be prepared_' The
Notice of Discipline shalt state:
a_ The specir'rc type of disciplinary action that will be imposed;
b_ The specific reasons) or _Cause(s) for. the actions, setting forth specifiic `facts. that aorrre.the basis
for the decision;
c_ The effective date of the action; and
d. The applicable appeal rights available to the employee pursuant to these PersorineE Rules_
Disciplinary 'action becomes effective on .ihe date stated in the. Notice of Disci rna AcEion,
notwithstanding an employee's timely request for an evidentiary hearing before ;the Persoirne Officer_
Appeal from Maioc Discipline .- Any.employee on whom major., discipline has `beer► posed' shalt 'be
entitled to an appeal hearing.as set forth below - im
Timing- An employee wishing to exercise the appeal .rights provided in-.this Seci.iow -hust,deliver.a
written Notice of Appeal to the :Personnel Officer within ten (10) working days after the date of the
Notice of Discipline_
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2. Employee representatiori. Einployees-may represent themselves or be represented by.legal counsel
or representative(s) of the employees recognized employee organization_
3. Evidentiary hearing_ An evidentiary hearing before_ a neutral hearing officer shall be arranged for by
the Assistant City Manager or his /her-designee and.shall, absent exterivating eircumstances,.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 anal 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 Citys representative shalt be excluded from the proceeding
until called to testify, except as mutually agreed to by the employee and the City's representative_
d- Order of hearing:shall be'
i- The. City's representative, followed by the employee, may make preliminary opening
statements_
ii- . The City's representative. may present oral or documentary evidence,, or -both, in support of
the City's position; the employee may cross - examine alt witnesses called by the City_
iii- 'The employee-.may . present orat or . documentary evidence, or both, in .support of the
employee's position;'the City's representative may cross = examine all witnesses called' by the
employee_
iv- The City's`representative, followed by the employee, may make a closing statement_
e_ The hearing shall be conducted in an efficient manner conducive to determining the issues,
however, the technical rules of *evidence do not apply_ :Any relevant. evidence maybe admitted if
it is the sort of evidence on which responsible persons are accustomed tb.relying in the conduct
of serious affairs_ Orat evidence shall be taken only upon oath:or affirmation_ Hearsay evidence
may be used for various purposes;. however, hearsay standing alone and properly objected to
shalt not be competent to_prove a charge_ Irrelevant and unduly repetitious evidence may be
excluded, -as shalt ".evidence 'that would violate other employees' rights to . privacy and
confidentiality of their personal -information. The hearing officer (with advice - of appointed
counsel, if necessary). shall. 'rule on'any objections made to -the admissibility of evidence or
otherwise. relating to the conduct of the hearing_
f_ -Following the conclusion of. the -hearing, the hearing officer shall :prepare written findings and .
recommendations and provide them tolhe City Manager, The- hearing officer may recommend
changes to the proposed discipline.. However, if the hearing officer finds that the :underlyirrg facts
giving rise to the charge(s) are proved by a preponderance of the: evidence; the hearing officer
may not recommend a reduction in discipline if reasonable minds could differ as"to the. proper
level of discipline_ If the hearing officer recommends a. reduction in discipline,.
he or she must
make a specific - finding.. that- reasonable minds could not differ - as to the: appropriate :level. of
discipline and set forth the facts upon inrhich 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_
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4_ City Manager's Determination. The hearing officer's findings and. shall' be
forwarded, to the City Manager for his.-or .her . review_ -The :City." .Manager will follow the
recommendations of the hearing officer unless he or she can show. cause That the hearing officer
abused his or her discretion.
a_ The City Manager shall review the entire record (including .the Notice of Intent,- the record of
"Skelly proceedings, the Skelly officer's written 'recommendation; . the Notice of Discipline; the
evidence and record at the evidentiary hearing, and the appeal hearing; officer's written findings
and recommendations).
ti.. The City Manager shall issue a decision imposing the .disciplinary = action be 'or she• deems
appropriate and in the best interests of the City.
c_ The City Manager's decision shatl be in writing and shall be final It shaft include a copy of the
appeal, hearing officer's findings and recommendations and shalt be filed as . a permanent record
in the employee's personnel file. .
d_ Notice of the City Manager's decision, along with a copy of both the City'Managers decision and
the appeal hearing officer's findings 'and recommendations, shall be served on the employee by
personal service or by registered or certified mail_ The notice shall also include a statement of
the employee's right to seek judicial review within 90 . . days pursuard to Cade of Civil'Proceduie
1094.6
.Use of paid administrative leave_ Nothing in this Section is- intended to abrogate the Cit}rs right to place
'
an employee on paid administrative leave during the investigation of circurristances that could lead to the
I mposition of discipline or for any other reason that is in the Cily's best interests.
Disciplinary Action for specific employees of the Department of Pufilic. Safety__
Under .;California Government 'Code Section .3300, 'the State of California enacted the Public Safety
Officers' Procedural Bill of Rights (POBRA)_ As defined under California Government Code Section 3301;
the positions within the City that are covered by the POBRA are the fo![owing= Public Safe
Trainee, Public Safety Officer; Public Safety Sergeant, Public Safet Su Safely Officer
Commander, -and Director of Public Safety_ It shaft be the Y pervisor (LT)` Pubhc Safety Division
and privileges to all non - safety members of the Rohner # Pa�ktii?ulilict Safety Officers' Association except
those than by their very nature .could only to eace' officers andlo - fuel : hfeis_ All sutiseq
Y PpIY P g, , uenl
revisions to California Code sections 3300 et seq-and Cotirt interpretations of these. statutesSWIl`.atso be
binding on the City with respect to non safety members of the Rohnert .*Park. Public .Safety. Officers'
Associafion_
For safety and non - safety employees alike, .fhe phrase "locker, or other space for storage: that may be .
assigned to him° as used in Government Code Section 3309 shall include, but' is not tiriiiled 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 shalt preclude the City •ft'orr► lernporarity.re- assigning.a departmenia[
asset to meet a necessary operational requireirtent_
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'ersonnel Rutes and Regulations
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_
WNIVERSARY 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_
%PPLICANT - A person who has successfully completed and submitted an employment application for a
)osition for which the City is currently recruiting_
%PPOINTMENT - The selection of, and acceptance by, an applicant to a position in the City service in
accordance with these rules.
AVERAGE SCORE - Means the combined average of all - relevant, converted, and weighted scores obtained by
candidate for a given classification or positiori title.
::ALENDAR DAYS - .Consecutive days within a specific time frame and shall include weekends and holidays.
aANDIDATE - An applicant for City employment who meets. the.minimum qualifications of the position applying
or and has been selected lo 'begin the testing process or a person on an eligibility list_
CFRA - California Family Rights Act, state law established in 1993, and is administered by the California
3epartment of Fair Employment and Housing.
CiTY COUNCIL - The duty elected governing body of the city.
CITY MANAGER - T.tre individual appoirited by the City Council to manage all City operations; departments,
policies and rules_
CITY SERVICE - The entire ernpioymerit.system of the City_
CLASSIFICATION - A= group of.positions sufficiently similar in respect to duties and responsibilities, that the
same descriptive .ctassificatiort title may be. used to designate each position allocated to that class_ The same
minimum qualifications may be,tequired of incumbents of positions in the class, and the same examinations
may be used to choose•quaffiied employees_
CLASSIFICATION SERIES 7-A.9 roup of classifications sharing similar functions but differing as to level of
complexity, difficulty and responsibility_
CLOSE RELATIVE-- Relafive shall -mean. spouse, father.Jather - -in -law, mother; mother -in -law, brother, brother
in -law, sister, sister'- in -faw, child (includ "trig stepchildren), stepparents, aunts, uncles, grandparents, grandpatent- .
in -taw, 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 andlor expected. job performance when non- disciplinary corrective
actions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its
own_
CITY OF ROHNERT PARK Page 36 of 39
•Personnel Rules and Regulations
........ _... _. _...... _....
C1TY,bF ROHNERT PARK
,Personnel Rules and Regulations
DOMESTIC PARTNER Two adults who have chosen -.to share one another's lives in .
committed relationship. of mutual caring_ To :be'eligibte* 'an intimate and both parties must file a Declaration of Dome tic
Partnership with the-California Secretary of State_
ELIGIBLE — A person whose name is on an employment list_
EL #GlB1LtTY LIST — A list that contains the names of qualified candidates, for a specific classification, who.have .
completed all examination processes and are ranked, in order of the score or rating received
EMPLOYEE - Any person appointed to fill an 'authorized employment- position in the. City. service_ Elected
officials, volunteers, unpaid interns, and those appointed to advisory boards, committees, and commissions are
not employees_ The categories of employees are_
Regular: A regular employee is one who has passed probation and hold s a regularly authorized position
employees:
With benefits. Regular employees may only be disciplined for cause. There' are. 3 types of regular
1. Regular full -time: a person who holds a budgeted (40) forty- hour'per week position, with duties and
responsibilities that do not end in a ecific time period, and who is entitled to full benefits with the City
pursuant to the applicabl sp
e Memorandum of Agreement or applicable Outline of- Benefits for the
Management and Confidential Units_
2_ Regular part -time: a person who holds a budgeted position, with duties and responsibilities that do not
end in a specific time period, works for a specific number of hours, as defined; and fills out a timecard,
receives a salary and benefit package, proportioned to their agreed fixed work. ratios '(20 hours per
week receives 50% benefits; 30 hours per week receives 75% benefits)_
3_ Specialty- funded: a person who works -in a. regular full or part-time positiori funded bysources other
than,City revenues (e.g_, federal or state grants.)_
Probationary_ A probationary.employee is someone in a regular tut[- or part -time position who is serving a
trial period as provided in Sections 4 and 5_
Special: A special employee is one hired for a special purpose to meet the needs of the City. Special
employees include:
1.. Provisional employees — i.e_ an employee who meets the minimum qualifications for
who is appointed on an interim basis until the vacancy a position and
can be fitted_.
2. Seasonal employees — A temporary employee appointed to positions of limited duration-of. not more
than six (6) months within a twelve (12) month period_ Seasonal employees d
City's benefit not participate in the
fit programs_
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 may be dismissed from such positions or disciplined with or without
cause_
NTRY LEVEL —The initial position in a class series_
- XAMINATION — The .process utilized to evaluate the . relative skills. and knowledge of an applicant for
respective employment or current employee who has. applied. for a change in classification and/or promotion.
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ersonnet Rules and Regulations Page 37 of 39
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>ersonnel Rules and Regulations
fechniques utilized may consist of, but not Itmited 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.
�xempl from the City's overtime policies -and is compensated for overtime through Administrative Leave,
3ccurnulated 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 family
smergencies. 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 nolo.
contendere, in which .he does.not accept or deny responsibility for the charges but agrees to accept punishment.
NON - EXEMPT- An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA)
is to receive overtime ,pay at 1 % times normal pay for hours worked over 8, 9; 1.0 in. a 24 hr_ 'period and/or any
hours worked over '40 hours in a 7 day period, as outlined in the MOA's andlor Outline of .Benefits' for the
Management and Confidential Units_
POL -: Pregnancy Disability Leave, California. law established in 1994, and administered by _the California
Department of Fair Employment and Housing.
PERSONNEL OFFICER - Is the City-
Manager, and is responsible for the administration of all Personnel Rules_
Throughout these Personnel Rules, the term "Personnel Officer" denotes the City Manager or his or her,
designee.
POSITION A specific office or employment provided by the budget, whether occupied or vacant, calling for the
performance of certain duties_ Positions may be regular full -time, regular part -time, seasonal, hourly, and/or
temporary_
'PROBATIONARY- PERIOD _ A working test period during which an employee is required to demonstrate fitness
for the position to which appointed by actual performance in the position_
PROMOTION - The movement of a qualified employee from one class to another class with .a higher maximum
rate. of pay and greater job responsibilities.
REINSTATEMENT - The re- employment of an employee who has regular or probationary status in a class, who
has been. laid off, is- returning from an approved leave requiring: reinstatement, ' of who has resigned in.,
_good
standing and who is entitled to preference in appointment to vacancies in that class.-
CITY OF ROHNER-r PARK Page 38 of 39
.Personnel Rules and Regulations
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Personnel Rules and Regulations
RPEA - Rohnert Park Emptoyees' Association_ The. labor bargaining and representaiion unit for administrative,
technical and support employees.
RPPSOA - Rohnert Park Public Safety Officers' Association. The labor bargaining and representation unit for
Public Safety Sergeants; Public ' Safety Officers, Public Safety Dispatchers, Communications Supervisor,
Community Services Officers, Part -Time Dispatchers, and Public Safety Officer Trainees.
RULES - The Personnel Rules and Regulations �of'the City of Rohnert Park as contained in this document -
SALARY - A regular employees base pay as approved by the City Council in the classification and salary plan
i -e. pay rates and ranges, computed on a monthly basis.
SALARY RANGES - The rate(.$) assigned to a classification in the pay rates and ranges.
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 employee atom one position to another position in the same class or another class
laving essentially the maximum satar} limits, and involving the performance of similar duties.
NOf2KDAY - is a twenty -tour (24) hour period beginning at the same time each cafendai day.
NORKWEEK - Means any forty (40) hour' period -within' seven (7) consecutive days starti
day ng with the same
:alendar each week -
.IESOLUTIONS EFFECTING PERSONNEL POLICY
RESO 79 -22
- EMPLOYEE GRIEVANCE PROCEDURE
-RESO 92 -78
- EQUAL OPPORTUNITY EMPLOYER
RESO 92 -79
RESO. 93 -38
= POLiCYAGAINST (DISCRIMINATION BASED'ON DISABILITY - ADA
_ AGAINST HARASSMENT
RESO 99 -01
- ELECTRONIC MEDIA USE
RESO 91 -192
- ANTI -DRUG POLICY
RESO 87 -117
- DEPENDENT CARE ASSISTANCE PROGRAM
RESO 00 -10
RESO 03 -71
- EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004)
PROVIDING FOR CONTINUATION OF
SALARY AND BENEFITS FOR ELIGIBLE
CiTY EMPLOYEES CALLED TO ACTIVE MILITARY
RESO 03 -235
DUTY OR TRAINING
- OUTLINE OF THE CITY'S COMPLIANCE WiTH THE HEALTH
INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT.OF
1996
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ersonnel Rules and Regulations