2011/12/13 City Council Resolution 2011-120RESOLUTION NO. 2011-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK PUBLIC SAFETY MANAGERS' ASSOCIATION (RPPSMA)
WHEREAS, on November 22, 2011, the City Council approved a tentative labor
agreement with the Rohnert Park Public Safety Managers' Association (RPPSMA), which had
been ratified by the membership of RPPSMA; and
WHEREAS, staff has prepared a final Memorandum of Agreement with RPPSMA in
accordance with Council direction.
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 13th day of December, 2011.
CITY OF ROHNERT PARK
AHANOTU: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BELFORTE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
The City of Rohnert Park and the Rohnert Park Employees' Association
Side Letter of Agreement
November 15, 2011
The City and the Association have met and conferred regarding options to achieve a salary
reduction savings of $75,511, and the parties agree to the following:
1. The parties recognize that City Hall is open to the public from 8 a.m. to 5 p.m,
Monday through Friday and that no reduction in public access will occur as a result
of the changes agreed upon. For the period of August 1, 2011 through May 5, 2012,
the workweek for non - exempt employees shall be modified to five (5) seven and
one -half (7.5) hour workdays, Monday through Friday of each week.
a. Other work schedules may be made by mutual agreement between the
affected employee and his or her supervisor, provided that the schedule
reflects an appropriate reduction of hours.
b. For the purposes of all benefits provided, the above schedule shall be
considered to constitute full -time work.
c. Each employee shall receive seven and one -half hours of paid holiday leave
credit for fixed holidays, through January 2012. If alternate schedules are
agreed upon that include shifts in excess of 7.5 hours, employees will need
to supplement paid holiday with accrued leave time to account for holiday
absences. Effective November 15, 2011, if alternate schedules are agreed
upon that include shifts which are less than 7.5 hours and which fall on a
fixed holiday, an employee may have the option of banking excess holiday
leave as an accrued leave credit; such leave credits may accumulate during
the term of the contract and must be used by agreement between the
employee and supervisor during the term of the contract.
2. During this period, FLSA exempt employees shall have an unpaid furlough bank of
104.5 hours, representing an approximate annualized wage reduction of 5.024 %.
The furlough bank of hours ends at the end of this agreement and may not be
carried forward. Exempt employees must use, at a minimum, 9.5 hours of furlough
leave per month during the term of this MOA. Use of the unpaid furlough bank
hours is subject to approval by the employee's supervisor.
For the City:
For the Association:
&J& Jn&7CC
Gabriel A. Gonzalez, City Manager Angie Smith, RPEA President
Date: Date: �s I
Im
EXHIBIT "A"
�c �s � i M
" L I F 0 R
MEMORANDUM OF AGREEMENT
Between
THE CITY OF ROHNERT PARK
and the
ROHNERT PARK PUBLIC SAFETY MANAGERS ASSOCIATION
(RPPSMA)
Effective January 1, 2012 — June 30, 2013
TABLE OF CONTENTS
1. HOURS, DAYS AND PERIOD OF WORK ................................................................... ............................... 4
2. HOLIDAYS ......................................................................................................... ..............................4
2.1 Holidays Observed ....................................................................................... ..............................4
2.2 Proclaimed Holidays .................................................................................... ..............................5
2.3 Day of Mourning .......................................................................................... ..............................5
2.4 Alternate Day Off ........................................................................................ ..............................5
3. ANNUAL LEAVE PROGRAM .............................................................................. ............................... 5
4. MILITARY TRAINING ........................................................................................ ............................... 6
5. FRINGE BENEFITS ............................................................................................. ............................... 6
5.1
Fringe Benefit Administration ...................................................................... ..............................6
5.2
Administrative Leave ................................................................................... ..............................7
5.3
Catastrophic Leave ...................................................................................... ..............................7
5.4
Hearing Aid Benefit ..................................................................................... ..............................8
5.5
Paternity Leave ............................................................................................ ..............................8
5.6
Family and Medical Leave ............................................................................ ..............................8
5.7
Light or Limited Duty ................................................................................... ..............................8
5.8
Americans with Disabilities Act ................................................................... ..............................8
5.9
Employee Death .......................................................................................... ..............................8
5.10
Medical and Health ...................................................................................... ..............................8
5.11
Dental Insurance ......................................................................................... ..............................9
5.12
Vision Insurance ........................................................................................... ..............................9
5.13
Adoption Benefit ......................................................................................... ..............................9
5.14
Death /Bereavement Leave ......................................................................... .............................10
5.15
Funeral Benefit ........................................................................................... .............................10
5.16
Long -Term Disability Insurance ................................................................... .............................10
5.17
Life Insurance ............................................................................................. .............................10
5.18
Deferred Income ......................................................................................... .............................10
5.19
Retired, Deceased and /or Permanently and Totally Disabled Employees ... .............................11
5.20
GASB Workgroup ........................................................................................ .............................13
5.21
Education and Training ............................................................................... .............................14
5.22
Longevity and Incentive Pay ....................................................................... .............................14
5.23
Retirement Programs ................................................................................. .............................14
5.24
401(a) Retirement Plan ............................................................................... .............................15
5.25
Dependent Care Assistance Program .......................................................... .............................15
5.26
Health Care Tax -Free Dollar Account Program ............................................ .............................15
5.27
Counseling Services .................................................................................... .............................15
6. SAFETY EQUIPMENT ...................................................................................... ............................... 16
6.1 Replacement Equipment ............................................................................ .............................16
6.2 Personal Equipment ................................................................................... .............................16
6.3 Safety Glasses and UV Eye Protection (Sunglasses) .................................... .............................16
RPPSMA MOA 0 January 1, 2012 through June 30, 2013 Page 11
7. COMPENSATION ADJUSTMENTS .................................................................... ............................... 16
7.1
Total Compensation & Compaction Analysis .............................................. .............................16
7.2
Compaction Trigger .................................................................................... .............................16
7.3
Critical Incident Call Out Pay .................................. ..................................................................
17
7.4
Court Time Pay ........................................................................................... .............................17
7.5
Police and Fire Services ............................................................................... .............................17
7.6
Paychecks ................................................................................................... .............................17
7.7
Fiscal /Budgetary Impacts ........................................................................... .............................17
8. ALCOHOL AND DRUGS ..................................................................................... .............................18
8.1 Alcoholic Beverages or Other Drugs ............................................................ .............................18
8.2 Off Duty Hours ............................................................................................ .............................18
8.3 Prescription Drugs ...................................................................................... .............................18
9. RESIDENCY ....................................................................................................... .............................18
10. GRIEVANCE POLICY AND PROCEDURE ............................................................ ............................... 18
11. USE OF CITY FACILITIES .................................................................................. ............................... 19
12. MANAGEMENT RIGHTS .................................................................................. ............................... 19
13. WORK CURTAILMENT (NO STRIKE CLAUSE) ................................................... ............................... 19
14. TERM OF MOA ............................................................................................... ............................... 20
14.1 Effective Date ............................................................................................. .............................20
14.2 Termination Date ....................................................................................... .............................20
15. INVALIDATION ............................................................................................... ............................... 20
15.1 Suspension of Agreement ........................................................................... .............................20
15.2 Replacement .............................................................................................. .............................20
16. NON - DISCRIMINATION .................................................................................. ............................... 20
17. PERSONNEL FILES ........................................................................................... ............................... 20
18. EMPLOYEE PERFORMANCE EVALUATIONS ..................................................... ............................... 20
19. PERSONNEL RULES AND REGULATIONS ......................................................... ............................... 20
20. SUCCEEDING AGREEMENT ............................................................................. ............................... 21
INDEX..................................................................................................................... ............................... 22
RPPSMA MOA 0 January 1, 2012 through June 30, 2013 Page 111
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 ", 2012 & 2013
The third Monday in January, "Martin Luther King, Jr. Day" 2012 & 2013
Friday proceeding "President's Day," 2011 &2013.
The third Monday in February, "President's Day," 2012 & 2013
The last Monday in May, "Memorial Day," 2012 & 2013
"Independence Day," 2012
The first Monday in September, "Labor Day," 2012
"State Admission Day," 2012
RPPSMA MOA I January 1, 2012 through June 30, 2013 Page 4
The second Monday in October, "Columbus Day," 2012
"Veteran's Day," 2012
The fourth Thursday in November, "Thanksgiving Day," 2012
Day after "Thanksgiving," 2012
12:00 Noon to 5:00 p.m. on December 24, 2012
"Christmas Day," 2012
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. Annual Leave Program
Effective January 1, 2012, employees shall accrue the following Annual Leave:
Years of Service (Inclusive)
Monthly Accrual Rate
Annual Accrued Hours
1 to 10 years
16.500 hours
198
11 to 15 years
19.333 hours
232
16+ years
22.667 hours
272
3.1 Effective January 1, 2012, employees shall not accrue any form of sick leave or
disability wage, non - industrial or industrial. However, employees who have accrued
fully -paid hours under the sick leave program for non - industrial illness and injury
shall retain the balance of such hours accumulated as of January 1, 2012. Paid leave
for approved absence due to injury or illness may be charged against this balance at
the employee's discretion. Upon retirement from the City of Rohnert Park, an
employee may convert any remaining sick leave balance to service credits pursuant
to CalPERS regulations and procedures.
3.2 Effective January 1, 2012, employees shall not accrue vacation. All existing
accumulated vacation shall be converted to Annual Leave.
3.3 Annual Leave hours may be used to provide paid time off for any approved absence,
including but not limited to vacation and illness. When annual leave is used for sick
leave purposes, the City may require the employee to submit substantiating
evidence of illness if a demonstrable pattern of abuse or evidence of fraud is
identified.
RPPSMA MOA I- January 1, 2012 through June 30, 2013 Page 5
3.4 An employee may accumulate annual leave credits up to a maximum of 500 hours
of annual Leave. Accrual shall cease until the annual leave balance falls below the
ca p.
3.5 Accumulated annual leave shall be converted to cash upon separation from City
service.
3.6 The City will provide a short -term disability insurance program which includes
income replacement of 60% and benefits coordination to employees within 60 days
of adoption.
3.7 Employees who are off work on a paid leave shall accrue annual leave and maintain
all other benefits to the extent consistent with the City's existing Personnel Rules,
with any changes to the City's Personnel Rules subject to meet and confer.
3.8 Preference for leave scheduling will be on the basis of seniority within classification
and /or as has been past practice.
4. Military Training
The City grants military leave and any related benefits maintenance, job seniority
and retention rights to all employees for service in a uniformed service in accordance
with state and federal law. The employee must notify his /her supervisor of upcoming
military duty as soon as he /she becomes aware of his /her obligation.
5. Fringe Benefits
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
RPPSMA MOA I January 1, 2012 through June 30, 2013 Page 6
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) As required by law or the Personnel Rules, the City will continue all employee
benefits and pay the appropriate premiums described in the applicable
section(s) of this MOA, which are due for an employee out on an authorized
leave.
(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 seventy -five (75) hours of Administrative
Leave on January 1, 2012. Subsequent to January 1, 2012, up to fifty (50) hours of
Administrative Leave may be paid in cash or its equivalent value applied towards an
approved benefit program. Requests for payment of this leave shall be submitted to
the City Manager no later than June 1, 2012. Employees are limited to one request
during the period between January 1, 2012, and June 1, 2012. Payment shall be
made no more than 30 days subsequent to the approval of the request by the City
Manager. Any unused Administrative Leave hours remaining on June 30, 2012 shall
expire and shall not be carried over to FY 12/13. Use of Administrative Leave is
unrestricted.
(b) The employees in RPPSMA shall receive one hundred and fifty (150) hours of
Administrative Leave on July 1, 2012. Subsequent to July 1, 2012, and no later than
December 1, 2012, up to fifty (50) hours of Administrative Leave may be paid in cash
or its equivalent value applied towards an approved benefit program. A single
request for payment of this leave shall be submitted to the City Manager no later
than December 1, 2012. During the period commencing January 1, 2013, and no
later than June 1, 2013, up to fifty (50) additional hours of Administrative Leave may
be paid in cash or its equivalent value applied towards an approved benefit
program. A single request for payment of this leave shall be submitted to the City
Manager no later than June 1, 2013. Payment shall be made no more than 30 days
subsequent to the approval of the request by the City Manager. Any unused
Administrative Leave hours remaining on June 30, 2013 shall expire and shall not be
carried over to the subsequent fiscal year. Use of Administrative Leave is
unrestricted.
5.3 Catastrophic Leave
Leave benefits shall be provided as outlined in City Council Resolution No. 2001 -270,
adopted December 11, 2001.
RPPSMA MOA 1: January 1, 2012 through June 30, 2013 Page 7
5.4 Hearing Aid Benefit
That the City shall reimburse employees up to eighty percent (80 %) with a lifetime
maximum of nine hundred dollars ($900) for hearing aid devices.
5.5 Paternity Leave
Regular employees may use up to three (3) days accrued residual sick leave for
paternity leave, following the birth of a child.
5.6 Family and Medical Leave
Employees may request an unpaid leave of absence under the California Family
Rights Act (CFRA) and /or the Federal Family Medical Leave Act (FMLA). Requests for
family and medical leave shall comply with the requirements of the CFRA and /or the
FM LA.
5.7 Light or Limited Duty
Employees injured or ill from either on- the -job (industrial) or off - the -job (non-
industrial) causes may, at the City's sole discretion, be assigned to light, limited, or
modified duty. They may be assigned duties that differ from the normal work duties
of the employee. By virtue of this paragraph, City does not intend to create any
permanent light, limited or modified positions.
5.8 Americans with Disabilities Act
The City recognizes it has an obligation under law to comply with the Americans
with Disabilities Act (ADA).
5.9 Employee Death
Upon death of an employee, any unused Annual Leave and Administrative Leave
shall be paid to the employee's surviving spouse or beneficiary. In the absence of a
spouse or beneficiary, any unused Annual Leave 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.
5.10 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 (FISA) 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
RPPSMA MOA I January 1, 2012 through June 30, 2013 Page 8
Eligible employees may receive an alternate benefit of $350.00 per month when
having health insurance from a source other than the City. This benefit shall be
provided as outlined in City Council Resolution No. 2007 -178, adopted October 23,
2007.
5.11 Dental Insurance
The City shall offer employees and their eligible dependents, a dental insurance
program under the terms as set forth below:
(a) The City shall pay the applicable costs during the term of this Agreement. Premiums
will be set by the insurer, or if self- insured by the City, using fiscally prudent
methods. The City shall provide a copy of the summary description of the dental
program offered by the City to each employee upon request.
(b) In general, the program includes basic dental insurance coverage of payment to
network dentists of the indicated percentage up to the maximum of $2,000 for each
eligible person (e.g. employee, spouse /domestic partner, dependents) per year for
the following benefits:
One hundred percent (100 %) of the cost of diagnostic and preventative
care.
ii. Eighty -five percent (85 %) of the cost of basic dental services.
iii. Eighty -five percent (85 %) of the cost of crowns and restorations.
iv. Fifty percent (50 %) of the cost of prosthodontics.
V. Fifty percent (50 %) of the cost of orthodontics with a one thousand five
hundred dollar ($1,500) lifetime maximum benefit per person.
5.12 Vision Insurance
The City shall offer employees and their eligible dependents, a vision insurance program
under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases during
the term of this Agreement. Premiums will be set by the insurer, or if self -
insured by the City, using fiscally prudent methods. The City shall provide a
copy of the summary description of the vision insurance program offered by the
City to each employee upon request.
(b) In general, the program includes an eye examination once each twelve (12)
months, lenses once each twelve (12) months, and frames once each twenty -
four (24) months. An employee may purchase contact lenses in lieu of the
framed lenses referenced above. For details, allowances and restrictions refer to
the Plan documents.
5.13 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.
RPPSMA MOA C' January 1, 2012 through June 30, 2013 Page 9
5.14 Death /Bereavement Leave
(a) A regular employee shall be paid up to three (3) days of bereavement leave
when there is a death in their immediate family.
(b) Additionally, a regular employee may, subject to approval of the supervisor, use
two (2) additional days of the employee's accrued residual sick leave bank 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.
5.15 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.
5.16 Long -Term Disability Insurance
The City shall provide, at no premium cost to employees, long -term disability
income protection insurance coverage. The basic benefit shall be sixty six and two
thirds percent (66 2/3 %). In no event shall the employee receive more than full
salary. The benefits provided under this section are subject to the characteristics of
the individual program.
(a) The waiting period for the above long -term disability benefits plan shall be
ninety (90) days.
5.17 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.
5.18 Deferred Income
RPPSMA MOA I_' January 1, 2012 through June 30, 2013 Page 10
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.
5.19 Retired, Deceased and /or Permanently and Totally Disabled Employees
(a) The City agrees to make a medical insurance premium contribution toward the
applicable early retirement premium or Medicare - eligible premium as outlined
in the attached "Insurance Premium Contribution Rate Schedule ". Coverage will
extend to eligible dependents. The City will provide such contributions only:
1. To regular full -time and regular part -time City employees hired before June 30,
2007 who have at least fifteen (15) years of continuous service with the City
and who retire upon reaching retirement age or thereafter and are receiving a
retirement allowance from CalPERS. Said employees shall be referred to as
"Retired Employees."
(a) Employees with less than 15 consecutive years of service with the City
receive no City fringe benefits, i.e. medical, dental, vision, life insurance
at retirement
(b) Calculation of premium will be prorated for regular, part -time
employees.
(c) Employees must retire concurrent with termination of service with the
City to be eligible for this benefit (no vesting).
(d) The City's share of the premium costs for all retirement benefits as
described herein shall not exceed the amount described in the attached
"Insurance Premium Contribution Rate Schedule ", and shall not include
payment of Medicare B premiums.
2. To regular full -time or regular part -time employees hired before June 30, 2007
who:
(a) Have at least ten (10) years of continuous service with the City, and;
(b) Are retired forthwith from the City of Rohnert Park service into CalPERS
at the time of permanent or total disability, and;
(c) Are permanently and totally disabled from their occupation and unable
to perform with reasonable continuity the material duties of their own
occupation. After twenty -four (24) 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
RPPSMA MOA I January 1, 2012 through June 30, 2013 Page 11
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 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
RPPSMA MOA 1 11 January 1, 2012 through June 30, 2013 Page 12
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.
5.20 GASB Workgroup
The parties agree to participate in a workgroup to address the City's unfunded liability
associated with GASB 43 & 45. The workgroup shall review options including alternate
insurance carriers and plan designs for benefit delivery, funding vehicles that reduce
overall liability and benefit entitlements for existing employees and retirees as well as
future employees.
1. The workgroup shall be chaired by the City Manager or his /her designee and
comprised of at least one, but no more than 2, members from each employee group
or bargaining Unit and up to an equal number of management representatives.
2. The City agrees that the Unit representatives will serve and participate on the
workgroup without loss of compensation.
3. The City, and the workgroup will cause a study to be prepared for review by the
workgroup, and the workgroup shall prepare, no later than February 2012, a report
to the City Council identifying possible means to address the City's GASB liability.
4. The final report shall not be issued to Council without input from the bargaining unit
participants on the workgroup.
5. The City agrees to provide administrative services and other resources to support
the workgroup's charge and stated time lines.
RPPSMA MOA I: January 1, 2012 through June 30, 2013 Page 13
6. The above report is intended to serve as an informational document and does not
constitute the City's position or any participating bargaining unit's position during
negotiations over this issue.
7. The parties agree to reopen the agreement to negotiate changes to address the
City's GASB liability on or before July 1, 2012. The parties agree that negotiations
will be completed by June 30, 2013 and changes will go into effect July 1, 2013.
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 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
%z%
The maximum longevity pay percentage to be paid shall be ten percent (10 %) of
base pay. The "completed years of service" will be determined on January 1St
and July 1St only and not on an employee's employment anniversary date.
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) For all local safety members hired before January 1, 2012, the City will continue
to provide the California Public Employees' Retirement System (CalPERS) three
percent (3.0 %) at fifty (50) retirement program instituted July 1, 2007, which
RPPSMA MOA r? January 1, 2012 through June 30, 2013 Page 14
includes the "one -year highest compensation" optional provision. Effective
January 1, 2012, the City will provide the California Public Employees'
Retirement System (CaIPERS) three percent (3.0 %) at fifty -five (55), highest
three year average program to local safety members hired on or after the date
the contract with CaIPERS is amended. Effective January 1, 2012, all employees,
regardless of program, will pay the required member contribution; however, in
no event shall local safety members contribute more than 9% to CaIPERS for
their retirement benefits.
(b) The City will absorb any employer contribution rate increases for local safety
members required by CaIPERS.
(c) 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 the 5.0% annual maximum cost -of- living
allowance increase as defined in Section 21335.
(d) 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 I January 1, 2012 through June 30, 2013 Page 15
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 and up to the amount
specified in Department of Public Safety policy, 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 a minimum of 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 I January 1, 2012 through June 30, 2013 Page 16
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 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.
7.5 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.
7.6 Paychecks
Paychecks shall be distributed by City to employees by noon on payday.
7.7 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.
RPPSMA MOA C January 1, 2012 through June 30, 2013 Page 17
8. 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 leave.
9. 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 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. This
program is eliminated effective January 1, 2012, and employees hired after this date will
not receive "in- district" pay. Employees receiving "In- district" pay as of this date shall
retain it unless they become ineligible. Should an employee lose eligibility, no re -entry
to the program is permitted.
10. Grievance Policy and Procedure
10.1 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 I_- January 1, 2012 through June 30, 2013 Page 18
10.2 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.
11. Use of City Facilities
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.
12. 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.
13. 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 C_ January 1, 2012 through June 30, 2013 Page 19
14. Term of MOA
14.1 Effective Date
This MOA is to become effective on January 1, 2012.
14.2 Termination Date
This MOA will terminate on June 30, 2013.
15. Invalidation
15.1 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.
15.2 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.
16. 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.
17. 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.
18. 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.
19. 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 r, January 1, 2012 through June 30, 2013 Page 20
20. Succeeding Agreement
Negotiations for the period commencing July 1, 2013 shall begin on or before May 1,
2013, 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.
CITY OF ROHNERT PARK
ROHNERT PARK PUBLIC SAFETY
MANAGERS' ASSOCIATION (RPPSMA)
Gabriel A. Gonzalez, City Manager Jeff Taylor, President Date
Date
By:
Mayor
Resolution No:
Attest:
Carol Adams, Interim City Clerk
Approved As to Form:
Michelle Marchetta Kenyon, City Attorney
Patrick Strouse, Vice President Date
John Marty, Secretary /Treasurer Date
The following are incorporated in this agreement by reference:
Attachment A — Compaction Agreement
Attachment B — Insurance Premium Contribution Rate Schedule 7/1/11- 6/30/12
City Council Resolution No. 79 -22, adopted February 13, 1979 - Grievance Policy
and Procedure
City Council Resolution No. 2007 -178, adopted October 23, 2007 - Alternate
Benefit
City Council Resolution No. 2001 -270, adopted December 11, 2001— Catastrophic
Leave
City's Personnel Rules & Regulations
RPPSMA MOA I- January 1, 2012 through June 30, 2013
Page 21
INDEX
A
Adoption Benefit • 10
Alcohol • 19
Alcohol and Drugs
Alcoholic Beverages or Other Drugs • 19
Off Duty Hours • 19
Prescription Drugs • 19
Alcoholic Beverages or Other Drugs • 19
Alternate Benefit • 9
Americans with Disabilities Act • 8
Annual Leave • 5
C
Catastrohic Leave • 7
Compensation Adjustments • 17
�fJLt uT�trl�Z�a ���$
Critical Incident Call Out Pay • 17
Fiscal /Budgetary Impacts • 18
Paychecks •18
Police and Fire Services • 18
Counseling Services • 16
Court Time Pay • 18
Critical Incident Call Out Pay • 17
Administration • 6
Adoption Benefit • 10
Americans with Disabilities Act • 8
Catastrophic Leave • 7
Counseling Services • 16
Death /Bereavement Leave • 10
Deferred Income • 11
Dependent Care Assistance Program • 16
Education and Training • 14
Employee Death • 8
Family and Medical Leave • 8
Funeral Benefit • 10
Health Care Tax -Free Dollar Account Program 16
Hearing Aid Benefit • 8
Life Insurance • 11
Longevity and Incentive Pay • 15
Long -Term Disability Insurance • 10
Medical and Health • 8
Alternate Benefit • 9
Paternity Leave • 8
Retired, Deceased and /or Permanently and Totally
Disabled Employees • 11
Retirement Plan, 401(a) • 16
Retirement Programs • 15
Funeral Benefit • 10
G
GASB Workgroup • 14
D
Grievance Policy and Procedure • 19
Death /Bereavement Leave • 10
H
Deceased Employees • 11
Deferred Income • 11
Dental Insurance • 9
Health • 8
Dependent Care Assitance Program 16
Health Care Tax -Free Dollar Account Program • 16
Drugs • 19
Hearing Aid Benefit • 8
Holidays • 4
Alternate Day Off • 5
E
Day of Mourning 5
Holidays Observed • 4
Proclaimed Holidays • 5
Education •
Hours, Days and Period of Work
Effective Datte o • 21
9/80 Schedule • 4
Employee Death • 8
Employee Performance Evaluations • 21
F
Incentive Pay • 15
Invalidation • 21
Family and Medical Leave 8
Replacement • 21
Fiscal /Budgetary Impacts 18
Suspension of Agreement • 21
Fringe Benefits • 6
RPPSMA MOA I January 1, 2012 through
June 30, 2013 Page 22
L
Lap Swimming Program • 20
Life Insurance • 11
Light Duty • 8
Limited Duty • 8
Longevity • 15
Long -Term Disability Insurance • 10
M
Management Rights • 20
Medical • 8
Military Training • 6
N
Non - Discrimination • 21
O
Off Duty Hours • 19
P
Paternity Leave • 8
Paychecks • 18
Permanently and Totally Disabled Employees 11
Personal Equipment • 17
Personnel Files • 21
Police and Fire Services • 18
Prescription Drugs • 19
R
Replacement Equipment • 16
Residency • 19
Retired Employees • 11
Retirement Plan, 401(a) • 16
Retirement Programs • 15
S
Safety Equipment • 16
Personal Equipment • 17
Replacement Equipment • 16
Safety Glasses • 17
Saftety Equipment
Safety Glasses and UV Eye Protection (Sunglasses)
•17
Short -term disability insurance • 6
Sick leave • See Annual Leave
Sports Center • 20
Succeeding Agreement • 22
Sunglasses • See Safety Glasses and UV Eye Protection
Suspension of Agreement • 21
T
Term of Outline • 21
Effective Date • 21
Termination Date • 21
Termination Date • 21
Training • 14
U
Use of City Facilities • 20
Sports Center and Lap Swimming Program • 20
UV Eye Protection • 17
V
Vacation • See Annual Leave
Vision Insurance • 9
w
Work Curtailment (No Strike Clause) • 20
RPPSMA MOA C- January 1, 2012 through June 30, 2013 Page 23
ATTACHMENT A
COMPACTION ANALYSIS: Lieutenants & Sergeants
This Compaction Analysis shows the current baseline total compensation comparison between the
classes of Lieutenant and Sergeant, using an agreed -upon set of currently available stipends.
given time.
SERGEANT
LIEUTENANTT
$ 7,714.58
$ 9,953.59
POST
9.0%
8.5%
Base Salary
Captain
4.0%
Engineer
2.5%
Stipends
EMT
2.0%
Bilingual
2.5%
BA Degree
2.8%
Management Compensation*
Total Comp **
$ 9,473.50
$ 10,799.64
Percent Difference
14.00%
*Formerly "Chief Fire Officer' stipend. Renamed "Management Compensation" in 2010 -2011 MOA, and incorporated into base pay
July1, 2011 per MOA.
* *Current Benefits Package is the same between positions.
Revised November 29, 2011
RPPSMA MOA I '! January 1, 2012 through June 30, 2013 Page 24
ATTACHMENT B
Retiree Medical Insurance Table
PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/11 THROUGH 6/30/12
EMPLOYEES HIRED PRIOR TO JULY 1, 1993 who retire between 7/1/11 and 6/30/12.
City contribution
Ongoing
formula at time
Ongoing monthly
monthly City
Ongoing
of
Lowest
contribution to
monthly City
retirement is:
Lowest employee-
employee +1
retiree
contribution to
80% of the
only premium
premium cost at
premium:
retiree premium:
lowest
cost at time of
time of
Enroll retiree
Enroll retiree +
cost premium.
retirement
retirement
only.
eligible others.
80 %_
$453.98
$907.95
$363.18
$726.36
EMPLOYEES HIRED between JULY 1, 1993 and June 30, 2007 who retire between 7/1/11 and 6/30/12.
*10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors
only.
RPPSMA MOA I January 1, 2012 through June 30, 2013 Page 25
Ongoing monthly
City
contribution
Lowest
Ongoing monthly
City contribution
formula at
employee +1
to retiree
of City
time of
Lowest
premium
City contribution
premium:
contribution
retirement:
employee -only
cost at
to retiree
Years
based on
80% of the
premium cost
premium:
Enroll retiree +
of
Years of
lowest cost
at time of
time of
Service
Service
premium.
retirement
retirement
Enroll retiree only
eligible others.
15-
19.99*
50%
80%
$453.98
$907.95
$181.59
$363.18
20-
24.99
75%
80%
$453.98
$907.95
$272.39'
$544.77
25+
100% !
80%
$453.98
$907.95
$363.18
$726.36
*10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors
only.
RPPSMA MOA I January 1, 2012 through June 30, 2013 Page 25
City of
ROHNERT
EMPLOYEE GRIEVANCE PROCEDURE
RESOLUTION NO. 79 -22
TABLE OF CONTENTS
ARTICLE 1 — GENERAL PROVISIONS ............................................................... ............... ................3
SECTION I
STATEMENT OF PURPOSE ................................................................. ............................... 3
SECTION2
DEFINITIONS ................................................................................... ............................... 3
SECTION3
SCOPE ............................................................................................. ............................... 3
ARTICLE II —
INFORMAL GRIEVANCE PROCEDURE ................................... ..............................4
SECTION4
GENERAL ........................................................................................ ............................... 4
SECTION 5
STEP ONE — IMMEDIATE SUPERVISOR ............................................. ............................... 4
ARTICLE III —
FORMAL GRIEVANCE PROCEDURE .................................... ............................... 5
SECTION6
GENERAL .....................................................................................:.. ............................... 5
SECTION
STEP TWO— INTERMEDIATE SUPERVISOR .......................................... ..............................5
SECTION 8
STEP THREE — DEPARTMENT HEAD ................................................ ............................... 5
SECTION 9
STEP FOUR — CITY MANAGER ......................................................... ............................... 5
SECTION 10
STEP FIVE — GRIEVANCE APPEALS COMMITTEE .............................. ............................... 5
ARTICLE IV — RULES OF PROCEDURE ........................................................... ..............................6
SECTION 1 I
COMBINING GRIEVANCES .................................. ............................... .............................. 6
SECTION 12
WAIVING LEVELS OF REVIEW .......................................................... ............................... 6
SECTION 13
TIME LIMITATIONS .......................................................................... ............................... 6
SECTION14
TIME OFF ......................................................................................... ............................... 6
SECTION15
PRIVACY .......................................................................................... ............................... 7
ARTICLE V —
GRIEVANCE APPEALS COMMITTEE ................................... ............................... 7
SECTION 16
COMPOSITION AND SELECTION ........................................................ ............................... 7
SECTION 17
ALTERNATE MEMBERS .................................................................... ............................... 7
SECTION 18
COMMITTEE PROCEDURE ................................................................. ............................... 7
ARTICLE VI
— MISCELLANEOUS PROVISIONS ........................................... ............................... 7
SECTION19
CONSTRUCTION ............................................................................... ............................... 7
SECTION 20
SEVERABILITY ................................................................................. ............................... 8
Page 2
RESOLUTION NO. 79 -22
EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK
ARTICLE I — GENERAL PROVISIONS
SECTION 1 STATEMENT OF PURPOSE
It is the purpose of this Resolution to insure:
a. Employee Grievances are heard and resolved fairly and promptly
b. City employees are treated fairly and that their rights are maintained.
c. Grievances are resolved in an effective and orderly manner to insure
uninterrupted city services to the public.
SECTION 2 DEFINITIONS
As used in this Resolution, the following terms shall have the meanings indicated:
a. Appropriate Unit means a unit of employee classes or positions, established
for the purpose of collective representation.
b. City means the City of Rohnert Park.
c. Employee means any city employee, regardless of status.
d. Grievance means a complaint or dispute by an employee, group of employees,
or a recognized employee organization concerning the interpretation or
application of any matter falling within the scope of this grievance procedure.
e. Grievant means the party who has initiated a grievance procedure either
informally or formally.
f. Immediate Supervisor means the individual who immediately assigns,
reviews, or directs the work of an employee.
g. Intermediate Supervisor means the supervisor next above the immediate
supervisor as determined by the department head.
h. Recognized Employee Organization means an employee organization which
has been formally acknowledged by the city as a recognized employee
organization representing employees in an appropriate unit.
i. Working Days means those days on which the city administrative offices are
open for conduct of normal business.
SECTION 3 SCOPE
a. This grievance procedure pertains to application, interpretation, and
noncompliance with memorandums of agreement, council resolutions, city
ordinances, and departmental and city rules, regulations, and practices
governing wages, seniority, written reprimands, hours, safety, and other terms
and conditions of employment which the city has authority to change and for
which no other appeals procedure is provided. Issues excluded from the scope
of this grievance procedure include those matters which the city has no
authority to change and matters for which alternative appeals procedures have
Page 3
been provided such as performance appraisals, demotions, suspensions, and
dismissals. Disputes concerning exclusive city rights with respect to mattes of
general legislative or managerial policy do not constitute grievances under this
procedure. The nature of these exclusive city rights are described in Section
3.e. below.
b. A grievance may be initiated by an employee, jointly by a group of employees,
or by a recognized employee organization.
c. Employees who are in units represented by a recognized employee
organization may choose to represent themselves or be represented by the
recognized employee organization at any stage of this grievance procedure.
Employees who are not in a represented unit 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 with respect to matters of general legislative or
managerial policy, which include among others: The exclusive right to
determine the mission of its constituent departments, commissions and boards;
set standards of service; determine the procedure and standards of selection
for employment; direct its employees; take disciplinary action; relieve its
employees from duty because of lack of work or for other legitimate reasons;
maintain the efficiency of governmental operations; determine the methods,
means and personnel by which government operations are to be conducted;
take all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and technology of
performing its work.
ARTICLE II — INFORMAL GRIEVANCE PROCEDURE
SECTION 4 GENERAL
a. It is the mutual responsibility of employees, employee organizations, and
management to resolve grievances informally and at the lowest practicable
level of management, whenever possible.
b. Informal procedures must be exhausted prior to initiation of the formal
grievance procedure.
SECTION 5 STEP ONE — IMMEDIATE SUPERVISOR
a. The grievant shall first present the grievance orally to his /her immediate
supervisor in an informal meeting. The grievant may request such a meeting at
any reasonable time, and the supervisor shall meet within five (5) working days
after such request. In the meeting the grievant shall fully explain the grievance
and the solution desired. The supervisor shall present an informal, verbal
decision with reasons therefore to the grievant within five (5) working days after
the meeting.
b. Any grievant whose grievance is not resolved to his /her satisfaction may
institute a formal grievance procedure. Such formal procedure shall conform
with the steps and provisions prescribed in Articles III and IV.
Page 4
SECTION 6
ARTICLE III — FORMAL GRIEVANCE PROCEDURE
GENERAL
a. All the formal grievances shall be in writing. A supply of grievance forms shall
be maintained in each department and shall be. readily accessible to all
employees and recognized employee organizations.
b. Each level of management upon receipt of a formal grievance shall notify the
recognized employee organization (if any) which represents the employees of
the unit from which the grievance originates concerning the times and places of
all grievance proceedings. The highest level of management involved shall
notify the appropriate recognized employee organization(s) in writing prior to
implementation of any grievance settlement which affects the rights or
conditions of employees they represent.
SECTION 7 STEP TWO — INTERMEDIATE SUPERVISOR
a. The grievant may appeal the immediate supervisor's decision by completing
Section 2 of the grievance form and filing it with the appropriate intermediate
supervisor within five (5) working days.
b. The intermediate supervisor shall within ten (10) working days investigate the
grievance, discuss the grievance with the grievant and /or representative as
requested, render a decision in writing on the grievance form together with the
reasons therefore, and return the form to the grievant.
SECTION 8 STEP THREE — DEPARTMENT HEAD
a. The grievant may appeal the intermediate supervisor's decision by completing
Section 3 of the grievance form and filing it with the appropriate department
head within five (5) working days.
b. The department head shall within ten (10) working days investigate the
grievance, discuss the grievance with the grievant and /or representative as
requested, render a decision in writing on the grievance form together with the
reasons therefore, and return the form to the grievant.
SECTION 9 STEP FOUR — CITY MANAGER
a. The grievant may appeal the department head's decision by completing Section
4 of the grievance form and filing it with the City Manager's office within five (5)
working days.
b. The City Manager or his /her representative shall within ten (10) working days
investigate the grievance, discuss the grievance with the grievant and /or the
grievant's representative as requested, render a decision in writing on the
grievance form together with the reasons therefore, and return the form to the
grievant.
SECTION 10 STEP FIVE— GRIEVANCE APPEALS COMMITTEE
a. The grievant may appeal the City Manager's decision by completing Section 5
of the grievance form and filing it with the Personnel Office within ten (10)
working days.
b. Upon receipt of a Step Five appeal, the Personnel Office shall notify the
members of the Grievance Appeals Committee. The Grievance Appeals
Committee shall then schedule the appeal for hearing not later than ten (10)
working days from the receipt of the grievance and shall forthwith notify the
Page 5
grievant and his /her representative of the time and place at which the appeal
will be considered.
c. The Grievance Appeals Committee shall conduct a hearing, and shall hear all
witness, testimony and evidence from both sides and shall render a written
decision on the grievance form together with reasons therefore and return the
form to the grievant, through the Personnel Office, within ten (10) working days.
A complete tape recording and /or transcript shall be kept for all Grievance
Appeals Committee hearings. The cost of any transcript or transcript of any
tape recording shall be paid for by the requesting party.
d. A majority decision of the Grievance Appeals Committee shall be final and
binding unless such decision binds the city to a financial expenditure which can
be authorized only by the City Council. In such case the City Council may
review the record and affirm, reverse, modify, or refer the matter back to the
Grievance Appeals Committee for further hearing. Such action shall be taken by
the City Council only on a review of the record and a finding that the decision of
the Grievance Appeals Committee was not supported by the record.
ARTICLE IV - RULES OF PROCEDURE
SECTION 11 COMBINING GRIEVANCES
An employee shall include all current grievances in one grievance procedure. To the degree
practicable, grievances shall not be duplicated. If several grievants wish to present
grievances which are the same or substantially similar, such grievances shall be joined in one
proceeding by mutual agreement of the grievant or grievant's representative and the
Personnel Department. Where there is no mutual agreement to join grievances, the same or
substantially similar grievances shall be processed sequentially, by appropriate unit, in the
order filed and time limitations will be held in abeyance pending complete processing of
earlier complaints.
SECTION 12 WAIVING LEVELS OF REVIEW
Any steps in the grievance procedure, other than steps one and five, may be waived when
the grievant or grievants and all levels of management involved in the steps waived mutually
consent to such procedure in writing on the grievance form.
SECTION 13 TIME LIMITATIONS
a. Time limits established by this procedure may be extended or shortened by
mutual agreement in writing on the grievance form by the grievant or grievants
and the level of management/Grievance Appeals Committee involved in that
step.
b. Failure by a grievant to appeal a decision within the time limits prescribed shall
be deemed a resolution of the grievance, unless the grievant is unable to
appeal for cogent reasons. Failure of management to meet with the grievant or
to render a decision within the time limits prescribed shall justify appeal to the
next step of the grievance procedure.
SECTION 14 TIME OFF
a. When practicable, proceedings shall be held within the employees' normal
working hours. If held at other than the employees' normal working hours, the
employee shall be entitled to an equivalent number of hours off on an hour for
hour basis.
Page 6
b. Reasonable time off from usual duties shall be accorded to employees for the
purposes of meeting with employee representatives, preparing and
investigating grievances, presenting grievances, serving as a representative of
a recognized employee organization at a grievance procedure, or representing
a grievant, provided that before leaving his /her usual duties the employee shall
obtain permission from the immediate supervisor involved. Such permission
shall not be unreasonably withheld.
SECTION 15 PRIVACY
All grievance procedures shall be conducted in closed sessions, except that specified
observers may be admitted by mutual agreement of the parties involved.
ARTICLE V — GRIEVANCE APPEALS COMMITTEE
SECTION 16 COMPOSITION AND SELECTION
The Grievance Appeals Committee shall consist of three members. Each committee member
shall serve for two (2) years and until selection of a successor. Committee members shall be
selected as follows:
a. One city employee selected by recognized employee organizations acting
jointly.
b. One city management member selected by the City Manager.
c. One lay chairperson selected by recognized employee organizations and the
City Manager acting jointly.
SECTION 17 ALTERNATE MEMBERS
An alternate for each of the three (3) principal Grievance Appeals Committee members shall
be selected to serve for the same - period as that of their respective principals. Alternate
members shall be selected in the same manner as principals except that no alternate
member shall be from the same city department or appropriate unit as his /her respective
principal. Alternate members shall serve in the place of their respective principals when the
principal is unavailable, when the principal abstains from serving, and when the principal is
from the same city department of appropriate unit in which the grievance originates.
SECTION 18 COMMITTEE PROCEDURE
The Grievance Appeals Committee shall meet on call of its chairperson or of the Personnel
Office. Deliberations of the committee shall be informal and shall provide a full and fair
hearing of the grievance and proposed solutions. The city shall provide the committee with
suitable facilities and reasonable secretarial support. Each party shall bear its own costs for
any expenses involved in calling witnesses or producing desired evidence.
ARTICLE VI — MISCELLANEOUS PROVISIONS
SECTION 19 CONSTRUCTION
This resolution shall be administered and construed as follows:
a. Nothing in this resolution shall be construed to deny to any person, employee,
organization, the city, or any authorized officer, body or other representative of
the city, the rights, powers and authority granted by Federal or State law.
Page 7
b. This resolution shall be interpreted so as to carry out 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
jdc
Page 8
RUSOLUTION NO. 2007-178
RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARR
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 CalPERS service credit, or for the purchase of supplemental life
insurance and /or any other eligible benefit program approved and
authorized by the City.
3) the City and eligible, active employees are subject to all applicable laws,
rules and contracts of third parties such as the IRS, CalPERS, and health
insurance providers. Eligibility and continuation of the Alternate Benefit
Program is subject to compliance with applicable laws, rules and
contracts.
BE IT FURTHER RESOLVED that the City hereby establishes this alternate
benefit program effective December 1, 2007 and the City Manager is authorized to
administer said program.
DULY AND REGULARLY ADOPTED this 23`d day of October, 2007.
CITY OF ROHNERT PARK
Mayor ---�
F
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
RESOLUTION NO. 2001 - 270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARE(
AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE,
ACTIVE EMPLOYEES
WHEREAS, the City has established a system and pool whereby employees of
the City of Rohnert Park may donate and use vacation hours to alleviate financial
hardship in catastrophic circumstances; and
WHEREAS, the City wishes to expand the program to include the donation of
compensatory hours; and
WHEREAS, the City agreed in the meet and confer process with employee
groups to establish a Catastrophic Leave Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Rohnert Park hereby adopts and approves "Exhibit A" hereby attached as it's Amended
Catastrophic Leave Program for eligible active employees.
BE IT FURTHER RESOLVED that the City hereby establishes this Amended
Catastrophic Leave Program and that the City Manager is authorized to administer said
program.
DULY AND REGULARLY ADOPTED this 19th day of December, 2001.
CITY
CITY OF ROHNERT PARK
ayor
FLORES: AYE RE ILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKI:NZIE: AYE ^
AYES: (5) NOES:-(0) ABSENT: (0) ABSTAIN: (0)
RESOLUTION NO. 2004 - 299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING REVISED PERSONNEL RULES AND REGULATIONS
WHEREAS, the City Council initially approved Personnel Rules and Regulations
on April 11, 1966 with the rules and regulations being presented as City Managers
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 law; and
WHEREAS, the City consulted with McDonough Holland & Allen, the law firm
representing the City's legal interests, to provide recommendations on drafting revised
Personnel Rules and Regulations compliant with existing state and federal laws; and
WHEREAS, revisions are proposed to the existing Personnel Rules and
Regulations to ensure legal compliance, provide greater direction to City employees
regarding the City's personnel policies, and include policies enacted by the City
Council since 1991; and
WHEREAS, the revisions have been discussed with the employee organizations
as required by the meet and confer laws of the State and the revisions have received
approval by the employee organizations; and
WHEREAS, the City Council has been presented the revisions to the Personnel
Rules and Regulations and has found them satisfactory.
NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park City Council that
the Personnel Rules and Regulations presented as revised and dated November 9,
2004 are hereby approved.
DULY AND REGULARLY ADOPTED this 9th day of November 2004.
ATTEST:
Deputy City Clerk
CITY O / ROHNERT PAR
PI,ORES: AYF MA(,XFNZIi: ABSENT SPRAAI.IN: AW,
VIDAIC- MARYINEI• AYE NORA)N: AYF _____
AYES: (4) NOES: (0) ABSENT: (1) AriSTAIN: (0)
CI I y , Gi. R01 INF R-1 PAM<
Rule,; and Rooklialion's
19
CITY MANAGER'S
ADMINISTRATIVE POLICY NO- l.-
PERSONNEL RULES AND REGULATIONS
NOVEMBER 9, 2004
CRY OF ROI INERT P/M)< Page 1 of 39
Personnel Rules and R"julations
CI TY Of ROI INFR 11"ARK
Personnel Rules and Reguaations
TABLE OF CONTENTS
SECTION 1 -
INTRODUCTION ....._- ..................•------.-............................. ..........................._...
PAGES 3 - 5
SECTION 2-
PAY PLANS AND COMPENSATION ....... .................. .......................... ..... ......_PAGES
5 -8
SECTION 3
BENEFITS_ .... . ............ ............... .. ...... .------------ _--- _- - --- -- _ ...... ..........
..PAGES 8 - 20
SECTION 4 _.
IN -HOUSE RECRUITMENT... ................... ................................ ..................
..... PAGES 20- 21
SECTION 5 -
RECRUITMENT PROCESS... ...... ............. ------- . --------- .... ........ .......... ................
PAGES 21 - 27
SECTION 6 --
SEPARATION AND REINSTATEMENT .... ............................... ..........................PAGES
27 - 29
SECTION 7 -
INCOMPATIBLE ACTIVITY /CONFLICTS OF INTEREST . .............................
... PAGES 29 -- 30
SECTION 8 -
DISCIPLINARY ACTION ............ ...................... .. ........ ...................... ____ ........
PAGES 30 - 36
GLOSSAVcY
- DEFINITION OF TERMS.- ................_.-------- .......-- -...- _----- - -- -.. ..........................PAGES
36 - 39
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
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 03 -235
- OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
CITY OF ROI INERT PARK Page 2 of 39
Personnel Rules and Regulations
Ct r Y 101- ROI INERT f'ARK
'Personn<'1 Rules and Regulations
SECTION 1 - INTRODUCTION
A. t?u ose - the City Manarter, as Personnel Officer for the City or hislher designee, is charged with the
responsibility of the City's personnel prariices. In order io establish an eouitable arid uniform procedure for
dealing will) personnel rnattcrs and to altract to municipal service the: best and most competent persons
available, to assure that appointment and promotions of persons will be based on inerit and fitness and to
provide a reasonable degree of security for qualified employees, the following rules and regulations are
established.
Q. Coveracge - f hose rules and regulations apply to all offices, all regular full -time employees, regular part —
lime employees, and 111 positions <and employments in lire., service of the City, except,
1. Elective officers in the performance of their elective: duties and Members of appointed boards,
commissions and cornmittees.
2. Persons engaged under contract to supply expert, professional, technical or other services.
3. Volunteer personnel, such as volunteer auxiliary firefighters and public safely reserve officers.
4. City Manager and City Attorney.
5. Probationary employees, except as expressly provided herein.
6. Limited Service Personnel (i.e. temporary or seasonal employees employed by the; City not more than
six (6) months during the fiscal year for special purposes).
7. Part -time employees paid by the hour or day who do not meet the definition of regular part -time
employees.
C. General Provisions -
1. The City expressly prohibits discrimination in employment on the basis of race, religious creed, color,
national or ethnic origin, ancestry, mental or physical disability, medical condition, marital status, sex,
sexual preference, political opinion, political affiliation or on the basis that an individual is age forty (40)
or over, or any other basis protected by federal, slate or local law.
2. An employee's work performance will be evaluated by their immediate supervisor or the supervisor's
designee at least once a year on a form prescribed by the Personnel Officer. Supervisors will discuss
their evaluations in full with each employee, outline goals and expectations, and point out where the
employee has clone an outstanding job and suggest ways in which job performance can be enhanced.
3. All regular appointments include a probationary period as provided herein of not less than twelve (12)
months for miscellaneous employees, not less than twenty -four (24) months for management
employees, not less than eighteen (18) months for dispatch employees, grad not less than eighteen
(1t3) months for Public Safely sworn employees.
a. Promotional appointments include a probationary period of not less than six (6) months for non -
supervisory employees and twelve (12) months for su
classifications). pervisors (includes management
4. Lmployees must be physically and mentally able to perform the essential functions of the job, with or
without reasonable accommodation.
CITY OF R01 INFER I PARK Page 3 of 39
Personnel Rules rand Regulations
Cl-TY OF ROHNE RT PARK
Personnel Rules and Regulations
15. -The City reserves the right to amend these rules and agrees to meet and confer will) re present atives
of recognized employee organizations on those changes that are within the scope of representation.
6. Nothing herein prevents or restricts the City's right to contract for performance of expert, professional,
technical or any other services.
7. Nothing herein prevents or restricts a Supervisor from issuing departmental rules, policies of
regulations needed for the efficient operation of a City department.
8. The definitions applicable throughout these rules are set forth in the attached Glossary and are hereby
incorporated by reference.
D. 13argaininq 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 maritat status, family members, educational and employment history, or similar
information, medical history, election of employee benefits, and employment advancement, appraisal, or
discipline.
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 corn pensation, or
termination or other disciplinary action.
Each employee must promptly notify the Human Resources Department of any changes in
relevant personal information, including but not limited to; mailing address; telephone number;
name(s) of dependent(s); and persons to contact in an emergency, along with contact
information.
b. Personnel files are deemed confidential unless the employee consents to a disclosure in writing
or the City is required to disclose such material by law. City personnel have access to
confidential personnel files only on a "need to know" basis for legitimate business reasons.
2. The City maintains a confidential file for all employees which contains all medical information about an
employee or applicant_ Information in this confidential file is obtained and maintained in accordance
with state and federal law (e.g. the California Confidentiality of Medical Information Act anti the federal
Health Insurance Portability and Accountability Act ( "HIPAA "). City personnel have access to
confidential medical files only on a "need to know" basis for legitimate business reasons.
3. All inquiries from outside agencies, firms, or individuals concerning personnel will be referred to the
Human Resources Department for handling and response. This includes, but is not limited to,
inquiries concerning employee performance or evaluation in connection with new employment
opportunities and employment verification checks for financing purposes. This procedure applies to
both former and present employees_
a. Absent a written release from the employee, the Human Resources Department provides only
dates of hire and termination, position title, and pay range.
b. Information disseminated to inquiring parties will be extracted from the personnel files in the
f lman Resources Department_ The City's written response to inquiries will be made a part of
the employee's personnel file and will be available for his /her scrutiny.
CITY OF ROl INERT PARK Page 4 of 39
Personnel Raffles and Regulations
CI I OF IMI iNE.R I PARK
Per ;onnel Rules and pequiatiorrs
Any employee who wislles to review his or her personnel records ShOUld contact the Human
Resources Department and set up an appointment al a mUlMilly agreed upon lily >e. The review must
be don(> in the presence of the I lurn� n Resources /assistant or his /her designee of the location where
tyre file is stored and )I no loss of cory)pensation to tiie employee. An employee may request a copy of
any employment related docurrrent that helshe has signed. This subsection does not apply to those
employees covered by the Public; Safety Officers' Procedural Bill of Rights ((:ipv(.fnrnent Code §3300
et seq )
a. An employee is not entitled to inspect records set forth in Labor Code section 119&5(d) as it may,
frorn time io time, be ainended. Impact records relating to the investigation of a crirtiinal offense
or letters of reference.
b. An employee is r)ot entitled to inspect complaints, or investigation of complaints, concerning an
event or transaction in which the employee was involved or participated to the extent that the
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 in their personnel file.
Such responses must be submitted within thirty (30) calendar days of the evaluation interview and will
be included in the personnel file: records.
F. Destruction of r2ecords - The ernployee personnel records are considered a permanent record and all
Personnel file documents are retained by the City for the duration of the employee's period of employment
and for any subsequent period required by law.
a. The records of former employees are retained in accordance with the schedule established in
ResolUliOn 90 -161.
b. Shredding destroys personnel records that have reached the time Limit established in Resolution
90 -161.
SECTION 2 - PAY PLANS AND COMPENSATION
A- Classification Plan -
Creation of classifications. The City Council, upon recommendation by the Personnel Officer, shall
create a classification plan for City employees. Each position shall be allocated to a class identified by
class title. Positions shall have the same class title when they conform to the same specification or
when the positions' descriptions are sufficiently similar as to qualifications, educational requirements,
responsibilities, level of supervision, and other characteristics.
Specification of classes. A class may. include more than one position. Each class will have a
specification, whicil includes a concise, descriptive title, a brief definition, a description of the essential
job duties and responsibilities, a statement of special requirements, and a statement of desirable
qualifications-
3. Reclassification. The Personnel Officer is responsible for reviewing the duties and responsibilities of
positions and recommending to the City Council the creation of new classes and the abolition of
existing classes. Tlie Personnel Officer shall review classifications and make determinations in the
following situations:
a. Upon the recommendation of the Supervisor or upon the request of an employee, the Personnel
Officer has the right to reallocate a position to a different class whenever its duties change
materially, provided the reclassification can be accomplished within budget limitations. The
Personnel Officer has the discretion to determine when the duties have materially changed which
CrIY OF ROtiNERT PARK Page `i of 39
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warrant a reclassification. To process reclassifications in a timely manner, the following process
will be followed:
Supervisor or employee submits a regwat of reclassification to the human Resources
Department.
ii_ Within fifteen (15) working days, the Human Resources Department makes an initial
determination whether the employee's ongoing job duties and responsibilities warrant a
position reclassification. Once completed, the Human Resources Department forwards its
recommendations to the Personnel Officer.
iii. Within fifteen (15) working days the Personnel Officer affirms or modifies the Human
Resource Department's recommendations. As a general guideline, the Personnel Officer
will provide the following conclusions to the employee and his or her supervisor: re- assign
work duties so the employee is no longer working outside of classification, appoint employee
to existing classification with greater responsibility, or create a new classification that more
accurately reflects the employee's ongoing job duties and responsibilities.
b. When the duties of a position so change that no appropriate class for it exists, the Personnel
Officer must prepare an appropriate class specification for it and submit it to the City Council for
approval. -
c. Reclassification of a position may 1101 be used to circumvent the rules and regulations concerning
demotion, promotion or compensation.
B. Salary Ranges, Plans and Compensation -
Meet and confer. The City will meet and confer regarding changes to salary rates or salary ranges
affecting existing employees represented by a recognized employee organization. After meeting and
conferring, the Personnel Officer will prepare the pay plan, which establishes a flat rate or salary range
for each class.
2. Changes to salary ranges. When the City Council changes a salary range for a class, alt 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 rnaximurn salary, the employee's salary in the higher class will
be the minimum salary for that class, unless that minimum is lower than, or the same as, the
employee's salary at the time of the move. In that event, the employee will receive the next higher step
within the pay range of the higher class. Employees receiving a promotion will receive at least a 5%
increase in salary unless limited by the salary range maximum. The new review date for promoted
eriirployees is the date of promotion or in six (6) months if the employee in placed at Step A.
4. Demotions. When an employee is demoted, (moved from one class to a class with a lower maximum
salary); the Personnel Officer will set the employee's salary within the range of the class to which the
employee has been demoted. In this event, the employee's anniversary date will be the same as the
effective date of demotion for purposes of conducting performance reviews and making corresponding
salary adjustments. The employee's original hire date will continue to determine his or her eligibility
for other types of benefits and leave accruals.
Reclassifications. An employee whose position is reclassified from one class to a class with a lower
maximum salary retains his /her original anniversary date. A reclassified employee retains the salary
of the higher class if the . employee's salary at the time of reclassification does not exceed the
maximum salary for positions of the lower class. If that salary does exceed that maximum, the
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employee will continue to receive his /her present salary until such livne as the maximum salary for the
class exceeds his /her rate of pay.
C. Emplo ee Performance Review andlor Evaluation - l he performance evahiation process is intended to
improve productivity and foster communication between supervisors and employees. Evaluations should be
conducted at least -)nnually in accordance with the schedule; set forth for that employee's job classificalion
and should be based upon position- specific performance elements and work standards- 'I'he evaluation
must indicate clearly whether overall performance is superior, salisfaclory, or substandard. The review
process must provide for employee feedback and face -to -face communication- Results of the performance
review will be utilized to determine employee's training and development needs.
1. Salary adjustments. Results of the employee's current performance review will be used to determine
salary adjustments on the employee's anniversary date. Employees whose work performance is
satisfactory will be eligible for advancement to the next higher step (not to exceed the maximum) of
the salary range. Employees who receive a less than satisfactory rating may not be eligible for a
siaiary advancement on their anniversary date.
2. Employee review and response. Employee will be provided with a copy of his /her performance
evaluation twenty -four (24) hours prior to the evaluation interview. Employees have the right to
respond in writing to the evaluation report should they so desire. Said responses should be submitted
to the reviewer no later than thirty (30) days after the evaluation interview. Contents of an employee's
performance evaluation are not subject to the grievance procedure.
3. Copies kept in personnel file. The employee's complete, original, and signed performance
evaluation -- including any written comments provided by the employee - is filed in tale employee's
official personnel file kept in the Human Resource Department.
D. P.-'V Period — The pay period for all employees is bi- monthly on the 15th and the last day of the month.
When the 15'' or the fast day of the month fails on a weekend or holiday, paychecks will be available the
prior Friday. All paychecks are to be distributed to the departments and delivered to the employee by noon
on the 151n or the last day of the month.
1. Time cards. All employees are required to keep a timecard and accurately record all hours worked.
a. t=oll -time employees. Regular full -time employees will be paid for the prior two -week period
worked.
b. Part -time employees. Regular part -time and hourly part -time employees must submit their
timecards to the Finance Department on the 5'' and 20t' of the month and will be paid the
following payday for the time submitted.
?_. Direct deposit. Any employee wishing, to have their paycheck directly deposited may do so by
contacting the Finance Department and filling out the required documents.
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E. Overtime - Overtime hours must be approved in advance by the employee's direcj 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 Of - Subject to applicable memorandums) of agreement or the outline of certain
employment conditions for non - represented employees, compensatory time off may be granted in lieu of
overtime pay for overtime work performed by eligible employees. Compensatory time oft 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 memorandum(s) of agreement or outline of certain conditions of employment 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 specific dates requested by an employee will be
permitted as much as reasonably practicable taking into account the operational needs of the
department. To facilitate scheduling, employees are encouraged to provide as much advance notice
as possible of the dales they desire to use CTO.
SECTION 3 - BENEFITS
A. Holidays -
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
Slate employees.
2. Weekend holidays. Generally, when a holiday falls on a Saturday, it shall be observed on the
preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday. If
a holiday falls on an employee's regularly scheduled day off, the applicable memorandum of
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agreement will determine whether the employee is paid holiday pay or (liven compensatory lime off. It
any outline of conditions of employment or memorandum of agreement conflicts with this subsection,
the provision of the conditions of employment or nx;morandum of adreernenl will prevail.
3. Holiday pay. Regular full -time and regular part -finle ernployees are entitled to receive time off with
Pay at their regular rate of pay for the holiday. Regular part -time ernployees receive either 50% or
751% of lire 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 fast d.ry of
erployment.
4. Required work on holiday. An employee whose job performance is essenlial to mainlain public
services may be required to work on a holiday. In such eases, the al)pticalle, MOA will specify the pay
and /or benefits received for the work performed on holidays.
D. Vacation -
Vacation policy. All regular full -time and regular part -lime employees are entitled to vacation time off
work with pay. Eligible regular part -time employees accrue vacation at fide rile of 50`%t, or 75% of the
allotment established for full-time employees as determined by [tie nrmiber of luaus the part -lime
employee is regularly scheduled to work. Eligible employees will accrue vacation from the d;ate-of -hire
but may not take accrued vacation until the completion of six (6) months of continuous service.
However, upon completion of six months of service, he /she will be eligible to request a scheduled
vacation. This vacation policy is subject to modification through an applicable MOA for represented
employees.
L. Vacation accrual. Vacation accrues for regular ferll -lime ernployees according to the following
schedules established in the applicable MOA's or Oulline of €lenefits for the Management and
Confidential Units.
3. Use of vacation. An employee's scheduled vacation must be approved by his /her supervisor. The
smallest amount of vacation time that may be used is '/ hour (15 minutes). An individual may have
unused annual vacation leave carried over to the following calendar year. If maximum accrual is
reached, further vacation accrual will stop. When the employee uses paid vacation time and brings
the available amount below the cap, vacation accrual will resume at the regular monthly accrual. The
City may make an exception to the vacation accrual cap in extraordinary circumstances where, due to
the requirements of City service, an employee is required to forego a vacation during the particular
calendar year. In such cases, the affected employee may apply to the Personnel Officer to increase
his or her vacation cap by the number of days the employee was not permitted to take as vacation
days. The Personnel Officer may, in his or her sole discretion, grant such requests from lime to lime.
4. Vacation at termination. Upon termination, an employee shall receive a limp sum payment for the
balance of accrued vacation hours. Payment for unused vacation shall be made at the rate of pay in
effect for such employees at the time of termination. When termination is caused by ttre death of the
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 the employee and filed with the Finance Department, Payroll Office. Vacation accruals are not paid
to ernployees who are employed by the City less than six months.
5. Holidays falling during vacation. When a day designated and observed by the City as a 1)oliday
occurs on a day on which an employee is taking vacation, such employee shall not be charged as
using vacation for that day. The employee's compensation for that clay shalt be holiday pay and
he/she shaft not be paid or charged for vacation. This holiday policy is subject to modification through
an applicable MOA for represented employees.
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6. Illness (luring vacation_ If an employee becomes ill or is injured while on vacation, the time off will
still be counted as vacation time and not sick time.
7. Vacation accrual during leave of absence. Employees who are off work on a paid.leave shall
continue to accrue vacalion during the leave period. Employees who are off work on an unpaid leave
shall no longer accrue vacation after ninety (90) calendar days.
C. Sick Leave -
Eligibility. Regular full -time and regular part -time employees are eligible for sick leave in accordance
with the applicable MOAs. Unrepresented, confidential, and management employees' eligibility for
sick leave is specified in the applicable City resolution outlining their conditions of employment,
benefits and salary adjustments.
2. Accrual. Sick leave shall be accrued in accordance will) 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) clays or more for sick leave will require a certification from a health care provider.
b. Sick leave may be taken for an employee's personal, non - industrial illness or injury- Additionally,
the employee may use up to one -half his /her yearly paid sick leave accrual (based on calendar
year) to attend to an illness of a child, parent, spouse, or domestic partner of the employee or the
child of the employee's domestic partner.
c. An employee may use sick leave for medical examinations, and appointments provided, however,
that such leave time may be limited to four (4) hours in any one working day at the employee's
supervisor's discretion.
d. An employee requesting to use paid sick leave must specify whether the use is for personal
illness or to care for a family member. In the event that an employee exhausts his /her paid sick
leave, he /she may be entitled to additional unpaid leave under the Family and Medical Leave
Policy.
e. Any employee who is absent from work on sick leave shall not engage in work or other activities
at any time that would be in conflict with the inability to report for work and to perform the duties.
assigned. If an employee violates this policy, appropriate disciplinary' ction will be taken.
Sick leave accrual during leave of absence. Employees who are off work on a paid leave shall
continue to accrue sick leave during the leave period. Employees who are off work on an unpaid
leave shall no longer accrue sick leave after ninety (90) calendar days.
Accumulation. Accrued sick leave may be accumulated to the limits described in the applicable
Memorandum of Agreement.
6. Sick leave and Workers' Compensation disability payments. An employee receiving temporary
disability payments under the Workers' Compensation laws, may use accumulated sick leave in order
to continue to maintain his/her regular income. Under such circumstances, the employee shall be paid
(out of his or her sick leave balance) the difference between his /her full salary in proportion to the
amount of his /her full salary paid by the 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, tyre employee shall be entitled 10
three (3) days of paid leave. An additional two (2) days of sick or vacation leave may be taken upon
approval of the en) ployee's supervisor if the employee must travel out of the area (at least 250 miles
one way).
2. Immediate family in this case means: spouse, domestic partner, father, father- in -law, mother,
mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including stepchildren), stepparents,
aunts, uncles, grandparents, grandparent -in -law, grandchildren and relationships in loco - parentis and
close personal relationships, with the approval of the City Manager or his /her designee.
The employee's supervisor may require proof of death of the person(s) for whorn the employee is
taking bereavement leave.
E. Military Leave -
Eligibility. The City grants military leave to all employees for service: in the uniformed services in
accordance Willi federal and state law.
2. Notice. The employee must notify his /her supervisor of upcoming military duty at soon as he /she
becomes aware of his /her obligation and provide a copy of his /her military orders.
3. Compensation. Employees on temporary military leave will be paid their normal salary for the first
thirty (30) calendar days while engaged in the performance of ordered military duty_ Pay for such
Purposes shall not exceed 30 days in each fiscal year. If the employee's military leave exceeds thirty
days, the City will continue to pay the difference between the employee's normal salary and the total of
his /her military compensation if the employee is called to active duty as a result of a declaration of
emergency, war, or as necessary for horneland security as declared by the President of the United
States, Secretary of Defense, Secretary of Homeland Security or the Governor of California. In such
cases, the employee shall submit his /her military earning statement to the Finance Department,
Payroll Office to assist in calculating the employee's salary. 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 other accrued paid leave time (e.g. vacation) during unpaid military leave.
Employees will receive any merit and /or general salary increases for which they become eligible
during military leave.
4. Benefits,
Health insurance. All health insurance benefits will remain in place while the employee is in a
Paid military leave status as indicated in Section 3 above. For employees in a non -pay status, all
health insurance benefits will continue for a period of 12 workweeks on the same terms and
conditions as it the employee were not on a leave of absence. The 12 workweeks would be
calculated based on the beginning of non -pay status. Thereafter, the employee has the option to
continue his /her health plan benefits, at the employee's expense, for up to eighteen months.
For employees both in a paid and unpaid status, the benefits shall be provided in accordance with
the Citys applicable agreements, outlines, rules, policies and procedures and all state and
federal laws. Such benefits may be subject to individual plan provisions.
b. Pension plan benefits. During any period of paid leave, the City will pay the employer and
employee contributions to CalPERS. Additionally, employees returning from military leave are
entitled to pension benefits that accrued during military service and to any CalPERS contributions
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that would have been rnade if the employee had riot been absent due, to military leave. Military
leave is not con sideteo a break in service for purposes of pension benefits.
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 riot taken military feave.
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.
;i. Reinstatement. E=mployees will be reinstated in accordance with all applicable laws. Upon
completion of military leave, the employee is required to furnish the Human Resources Department a
copy of his /her military separation document. Reinstatement will not be denied or delayed if the
information does not yet exist or is not readily available, however, the employee is required to provide
the information as soon as it is available. Reinstatement will be denied only when legally permissible.
Federal law provides for the following reinstatement period:
For military leave of less lhan 31 days, the employee must report for reemployment at the
beginning of the first regularly scheduled workday that would fall eight hours after he or she
reiurns home, unless reporting within such time frame is impossible and then the employee must
report as soon as possible.
b. For military leave of more than 30 days but less than 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 soon as possible.
For military leave greater than 181 days, the employee must apply for reemployment within 90
clays of completion of the service.
F. Family And Medical Leave -
Eligibility. Family and medical leave (" FML") shall be granted in accordance with the provisions of
state and federal law. All employees who meet the eligibility criteria stated in this policy are entitled to
take an unpaid FML.
To qualify for FML, an employee must have been employed by the City for a period of twelve months
and have worked for M least 1250 hours during the 12 -month period immediately preceding the leave.
FML may be granted for the following reasons: (1) the birth of a chili to an employee or placement of
a child with an employee in connection with the adoption or foster care; (2) to care for a child, parent,
spouse or domestic partner who has a serious health condition; or (3) for the employee's own serious
health condition that makes the employee either unable to work at all or unable to perform one or more
of the essential functions of the position assigned.
2. Amount of FML. Eligible employees are entitled to FML totaling twelve (12) weeks within a 12 -month
period. The 12 -month period within which the leave must be taken begins on the date the employee's
leave begins and concludes 12 months after that date. This leave shall be concurrent with any
disability leave associated with pregnancy, childbirth, or related pregnancy conditions as provided in
the City's Pregnancy Disability Leave (PDL) Policy.
3. Intermittent leave. When medically necessary (as certified by a health care provider), leave may be
taken on an intermittent or reduced leave schedule. "intermittent leave" is leave taken in separate
blocks of time due to a single event, rather than for one continuous period of time, and may include
periods of not less than 1/4 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 temporarily transfer to an alternative
position, with the: same tray and benefits, if the .alternativ(1 position better accommodates the required
work schedule than the employee's usual position.
A. 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) clays notice is not possible, the employe(: must give
notice as soon as possible. If the employee fails to give thirty (30) days advance notice for
foreseeable events without any reasonable excuse for tiro delay, the City reserves the right to
postpone the leave until at least thirty (30) days after the written notice was received.
5. Statement of health care provider. When the leave is for a serious health condition, a health care
Provider must provide written certification to support the request for leave. The statement for an
employee's serious health condition sha11 specify the corn mencernent date of the event which prevents
the employee from performing the fUnctiOtis 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 tier position-
"file statement for the employee to attend to a family member shall slate the date of commencement of
the serious health condition; the probable duration of the condition; an estimate of the amount of time
that the health care provider believes the employee needs to take in order to care for the family
member, and that the serious health condition warrants the participation of the employee.
If the FML request is for the employee's own serious health condition, the City may require; at its
expense, a second opinion from a health care provider designated by the City. The health care
provider designated by the City will not be one who is employed on a regular basis by the City. if the
second opinion differs frorn the first opinion, the Cify may require, at its expense, that the employee
Obtain a third opinion by a health care provider approved jointly by the City and the employee- The
third opinion shall be considered final and binding on the City and the employee-
A new statement from a health care provider may be required it 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. fay during leave. FML is unpaid except to the extent tfre employee elects to substitute accrued paid
leave lime. An employee may use accrued sick leave when the FML is for the employees or the
employee's family member's serious health condition. An employee may substitute accrued vacation
leave, compensatory time off and /or paid administrative leave for any FML. The substitution of paid
leave time does not extend the 12 -week maximum leave time.
Insurance benefit premiums during FML. An employee is eligible for the same insurance benefits
and premium payments for each benefit (luring FML as if the employee were not on leave, for a
maximum of twelve (12) weeks. An employee on unpaid leave: beyond the twelve (12) weeks is no
longer considered on FML and; therefore, if the employee wishes to continue health insurance
coverage he or she may do so at his or her expense, at the City's group rates. -rhe employee must
arrange for payment of his /tier premium contribution, in advance. A lapse in insurance coverage will
occur if a prernium payment is more than 30 days late.
8. Other benefits during FML. During any portion of FML for which an employee substitutes other paid
leave benefits, the employee will continue to accrue paid leave benefits (i.e., sick leave, vacation
leave), seniority, and other benefits to the same extent that the employee would accrue those benefits
if not on FML. Employees on FML are not eligible for holiday pay (e.g. paid for holidays worked) for
holidays that fall during FML
9. Reinstatement, Except as provided in Section 21.3.7, an employee who takes FML shall be eligible
for reinstatement to the employee's former position at the former rate of pay. However, 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 employment as it not
on
If an employee fails to report to work promptly at the end of FML, the employee will be assumed to
have abandoned his /her employment unless additional leave has been approved.
10. Reins tat ern ent for key employees. If reinstatement of a key employee causes a substantial and
grievous economic hardship to the City, the City may deny reinstatement of the key employee to the
position held at the time FML was requested. A key employee is defined as an employee who is paid
on a salary basis and is among the highest paid 10 percent (10 %) of all City erployees as determined
at the time of the request for leave.
11. Statement regarding return to work. if the employee takes FML leave for his or her own serious
health condition, the City requires a statement by the employee's health care provider that the
employee is fit to return to his /her job.
12. Other work. The City shall take appropriate disciplinary action if it determines that an employee has
engaged in other work during a FML that is inconsistent with the employee's use of FML.
13. Definition of health care provider. A health care provider as used herein means a person holding
either a physician's and surgeon's certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person who
meets the definition of others "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
G. Pregnancv Disability Leave -
Eligibility. Any employee who is disabled from working due to pregnancy, childbirth or related
medical conditions is eligible for Pregnancy Disability Leave (PDL).
Amount of PDL. PDL will be allowed for the period of disability but not to exceed four (4) months (88
working days for full -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.
1 Notice of PDL. Whenever possible, an employee must provide at least thirty (30) days advance
written notice of the need for PDL If thirty (30) days notice is not possible, notice must be provided as
soon as possible.
4. Transfer privileges. Employees who are pregnant or have a pregnancy- related medical condition
may request a transfer to a less strenuous or hazardous position or to less strenuous or hazardous
duties, if such a transfer is medically advisable and can be reasonably accommodated. Where
transfers are made based on the employee's health needs, the employee will receive the pay specified
for the alternate position and /or duties.
5. Statement by health care provider. An employee requesting PDL shall provide the Human
Resources Department with certification from her health care provider stating the anticipated delivery
date and estimated dates and duration of the disability. 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 disability leave
or for transfer, staling the: following:
a. -1 lie data on which the employee became disabled clue to pregnancy, childbirth or related medical
condition or the dale on which the need for a iransfer becarne> 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 perform one or more of the
essential functions of her position without undue risk to herself and, the successful completion of
her pregnancy, or that transfer is medically advisable.
A new slaterrient may be required if the employee requests an extension of time beyond Ihat
specified in the original statement
Any changes in the information contained in the health care provider's statement must be
promptly reported by fide employee to fhe i-lurnan Resources Department
6. Use of accrued leave while on pregnancy disability leave. An employee may use any combination
Of accrued paid leave during the duration of PDL. The substitution of paid leave does not extend the
rnaxinwrn length of a PDL
7. Insurance benefit premiums during PDL An employee will receive the Same insurance benefits
Mid 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 heallh insurance or
other benefit coverage of own her expense, at the City's group rates. The employee must arrange for
Payment of the premium contribution in advance. A lapse: in insurance coverage will occur if a
premium payment is more than 30 days late.
8. Other benefits during PDL. During any portion of PDL for which an employee substitutes other paid
leave benefits, file employee will continue to accrue paid leave benefits (i.e., sick leave, vacation
leave), seniority, and other benefits to the same extent that the employee would accrue those benefits
if not on PDL Cmployees on PDL are not eligible for holiday pay (i.e. pay for holidays worked) for
holidays that fall during the PDL-
9. Reinstatement. An employee who takes PDL shall be eligible for reinstatement to iter former position
at tier former rate of pay. however, if the same position is no longer available due to business
necessity, the City may instead offer a job that is comparable in terms of pay and duties.
If an employee fails to report to work promptly at the end of PDL, the ernployee will be assumed to
have abandoned her employment unless additional leave has been approved.
10. Statement regarding return to work. The City requires an employee returning from PDL to provide
a statement from a health care provider that certifies the employee's fitness for duty.
11. Other work. The City shall take appropriate- disciplinary action if it determines that an employee has
engaged in other work during a PDL that is inconsistent with the employee's use of PDi_.
12. Definition of health care provider. A health care provider as used herein means a person holding
either a physician's and surgeon's certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physiciarr, surgeon, or osteopathic physician or surgeon in another stale or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person who
meets the definition of others "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
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H. Work - Related Initrry And }Itness Leave
Eligibility. All City employees are covered by Workers' Compensation Insurance. All regular
employees are eligible for industrial sick leave as provided in the current applicable memorandum(s)
of agreement.
Reporting accidents and injuries. An employee who is injured or becomes ill in the course of
employment must immediately report the incident to the employee's supervisor. -the supervisor must
provide an Employee's Claim for Workers' Compensation Benefits form to the injured /ill employee for
completion as soon as possible. Within 24 hours of receipt from the ernployee, the supervisor must
submit the c:ompleled supervisor's report of injury to the Human Resources Department. An employee
who fails to promptly report a work - incurred injury or illness to his or her supervisor may be subject to
discipline, up to and including termination.
3. Temporary disability benefits. An employee eligible for temporary disability payments tinder 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 (400 %) percent of the employee's
normal salary_ Accrued leave hours shall be charged to the extent of wages paid by the City to the
employee.
5. Termination after work - related injury or illness. Unless otherwise prohibited by law, an employee
may be terminated after the treating physician's finding that the employee's condition is "permanent
and stationary" and that the disability precludes the employee from doing the essential functions of the
job.
6. Anniversary date. A regular employee who is absent from work as the result of a work - incurred injury
or illness shall retain his /her anniversary date. An employee who has not completed the probationary
period is ineligible for certification to regular status during leave for a work - related injury or illness and
the date for completion of the probationary period will be extended to reflect the amount of time absent
on such leave.
1- Witness Duty -
An employee who is required to appear as a witness or to otherwise participate on behalf of the City in any
judicial or administrative proceeding shall receive pay as though at work for time spent in the proceeding_
The employee must remit any witness fees received to the Finance Department, Payroll Office.
An employee subpoenaed to appear in a proceeding in which the City is not a party shall be granted. leave
without pay during the lime required for that appearance, except where necessary to maintain the
employee's exempt status under the Fair Labor Standards Act. The employee may use accrued vacation,
administrative leave or compensatory time for this purpose.
J. Jury Duty -
All regular and probationary employees called to jury duty will be granted a paid leave. A copy of the jury
summons must be given to the Human Resources Department. The employee shall receive full pay 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 mileage or subsistence allowances shall not be considered as
a fee and shall be retained by the employee,
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All other employees will be grranled leave without pay except where necessary to rrrainlain the employee's
exempt status under tl)c: f=air Labor Standards Act.
if an errrployee is required to r(>p(xl to jury duty within 2 hours of the scheduled start of the_ workday, the
employee is not required to report to work �3t the start of the workday, but shall report directly to jury (July. If
an (:rnployee is released from jury duty will) rnore than one half of his /her workday m remaining, the
employee is required to report to work to complete the to, scheduled workday.
K. Un aid Adipimislu ijve Leave -
1. Eligibility. Upon written request of an employee, the Personnel Officer may approve in writing an
unpaid leave of absence without pay for a period not to exceed six (6) months.
2. Reason for leave. Unpaid AdmimsItalive Leave will be granted for fhe following purposes
School visit leave. An employee who is a parent, Grandparent, or duly appointed guardian will)
custody of a chile) in a licensed day care facility or in kindergarten through 12 °i grade will be
granted up to 40 hours in a 12 -month period (not to exceed 3 hours in one month) to visit the
school site, it reasonable prior notice is given to the Personnel Officer. Additionally, a parent,
grandparent, or guardian of a child may take time off to appear al a school in connection will) the
suspension of a child. The employee may use accrued leave for school visits. If accrued leave is
exhausted, the Personnel Officer may allow the employee to work -In alternative schedule to
accommodate the leave or provide leave without pay.
Written proof of file date and time of the visit signed by an appropriate school official may he
required to be provided to the Personnel Officer on return to the job.
b. Voting leave. Any employee, if he or she does not have sufficient time outside of working ho(rrs
to vote, may request up to two (2) hours of accrued paid leave either at the beginning or end of
scheduled working hours to enable the employee to vote. If the employee has no accrued paid
leave, lime off shall be granted without pay except where necessary to maintain exemptions
under applicable state and federal wage and hour laws.
C. Domestic violence leave. An employee who is the victim of domestic violence may take unpaid
leave or use any available paid time off benefits to ensure his /her health, safety or welfare, of that
of his /her child, by obtaining a temporary restraining order, a restraining order, or other court
assistance. Additionally, an employee may take leave to seek medical or psychological
treatment, to obtain necessary social services, and /or to participate in safety planning or take
other actions to increase safety. The employee must provide reasonable notice of the need for
such leave and shall provide evidence satisfactory to the Personnel Officer of participation in one
or more of the activities specified in the preceding sentence. The amount of leave provided shall
be in accordance with Labor Code section 230.1.
d. Crime victim assistance leave. An employee who is the victim of a crime, the immediate family
member of a victim, a registered domestic partner of a victim, or the child of a registered domestic
partner of a victim may take an unpaid leave or any available paid time off benefits to attend
judicial proceedings related to that crime.
e. Emergency duty and training leave. Volunteer firefighters and other emergency personnel may
take an unpaid leave or use accrued leave to perform emergency duty. Volunteer firefighters
may take up to 14 days leave per calendar year to engage in training. The employee must
Provide reasonable notice to the Personnel Officer of the need for such leave and shall provide to
the Personnel Officer satisfactory evidence of participation 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 his /her discretion.
L. Health Insurance Benefits -
Benefits. The City provides group medical, dental, and vision insurance to eligible employees and
their dependents and domestic partners (effective January 1, 2005) as detailed in the applicable
MOAs and City Council re solutions outlining conditions of employment and benefits. The Personnel
Officer shall maintain records of the terms and conditions of the health insurance and other benefit
contracts, benefit levels, and administration procedures. More detailed information regarding these
benefits is set forth in the official plan documents and insurance policies that govern the plans. If there
is any actual or apparent conflict between the brief summaries contained in this policy and the terms or
limitations of official plan documents, the provisions of the official plan documents will prevail_
Employees who wish to inspect those documents may make an appointment with the Personnel
Officer for that purpose. Due to changes in MOAs, terms, conditions, benefit levels and
administration requirements may be adjusted from time to time.
Commencement of benefits. The benefits described in this section shall begin the first of the month
following the first day of employment or on the date -of -hire it it occurs on the first of the month.
3. Health insurance waived by certain employees. The City provides eligible employees alternative
medical benefits when the employee has coverage from another source and the employee waives
benefits under the City's plan. These alternative benefits are described in Resolution No_ 96 -203.
4. C.O.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 extension 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 Benefits -
Disability wage plan. The City provides a disability wage plan to regular full time and part -time
employees. Benefits and conditions of the plan are more specifically described within the City's
Disability Wage Plan document available upon request from the Human Resources Department.
2. Long -term disability insurance. City provides long -term disability insurance to regular full -time and
regular part -time employees. The purpose of LTD insurance is to provide eligible employees with a
percentage of normal income when an injury or illness occurs on or off the job. The City provides two
different LTD plans. The terms of.the specific plan can be found in the applicable MOA or applicable
resolution outlining conditions of work and benefits. file terms and conditions of this benefit may be
modified from time to time in the event that the City changes carriers.
When an employee is, receiving benefits from other sources, the total amount of compensation
received by the employee, including LTD benefits, shall not exceed one hundred percent (100 1/6) of
the employee's normal monthly income.
3. Catastrophic leave program_ The catastrophic leave program provides additional paid leave time to
eligible employees suffering from financial hardship and who otherwise meet the criteria of the
program. Please refer to Resolution 01 -270 for the details of this program.
Employee Assistance Program (EAP). The City provides, at no cost to all regular full -time 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 from personal
issues, substance abuse, grief or work - related issues. Any information provided to a counselor or
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thcaat�i sl is confidential. No infonnation is provided to the City regardim an eligible member's use of
the FAP. 10 make an appointment with a counselor call Cigna Behavioral I tcallh at (888) 371-1125.
For more information, contact the I lunlan Resources Department.
:i. Health care "Fax -free dollar account program. This pro9forn allows permanent full -time or part -time
employees to set aside a maximum of $3,000 per calendar year of before tax w<:rges for rn , ('al
premiums, co payments, or out of pocket medical costs, as authorized by the Internal Revenue
Services and the California Franchise Tax Board. A regular employee becomes eligible on dale Of
hire. I.mployee participation in this program is coordinated through the Finance Department_ I be tax
deferral limits are subject to change due to changes in federal and /or state law.
6. Dependent Care Assistance program. This program allows eligible full -time or part -time employees
to Sel aside a inaxirnunr of $5,000 per calendar year before tax wages for child care expenses as
authorised by the Internal Revenue Services and the California Franchise Tax 1303rd. A regular
employee becomes eligible on dale of hire. Employee participation in this prograin is coordinated
ituough the Finance Department. The tax deferral limits are subject to change due to changes in
federal and /or state law.
Deferred income program. The City participates in a deferred income program now being
administered by National Deferred and ICMA. This program allows eligible full -time or part -time
(>mf)loyees to set aside a maxirnurn 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 becornes eligible on cJate -of -hire. Employee
parliCipalion in this program is coordinated through the Finance Department. The tax deferral fimits
are subject to change due to changes in federal and /or ;state law.
8. Hepatitis B program. Below is on explanation of the City's 1 fepatilis B Program.
Employees who may have to perform first aid as a regular job duty or are it) positions which might
expose them to bodily fluids need to be offered the Hepatitis B Immunization Program per the City's
Blood -borne Pathogens Program.
These job classifications are_
Public Safety Officer
P.S. Sgt.
P -S. E t.
P.S. Division Commander
Director of Public Safety
Community Services Officer
Evidence Technician
Property Specialist
Vol. Auxiliary Firefighter
Reserve Officer
Seasonal Maintenance Assistant
Maintenance Helper
Maintenance Worker I
Maintenance Worker 11
Public Works Services Supervisor
Recreation Supervisor
At the time of the pre employment physical, the candidate has a blood test that lets the City know if
they have the Hepatitis B antibody. At the employment orientation, Homan Resources Department
provides the new employee (if they are in one of the jobs classes listed above) information on what
lepatitis B is and a check off form, which indicates whether or not they wish the 3 -shot immunization
program, f luman Resources (f IR) logs in the employee's response in its safety records.
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Employees who wish the 3 -shot I tep. B series go get their shots, inform FIR when they received each
shot, and turn in their receipt for reimbursement. Employees with Kaiser insurance can get them free
of charge through Kaiser as preventative care and necessary due to their job class. Employees with
Blue Cross insurance are instructed to get their shots at the County ► fealth Dept. and submit their
receipt for reimbursement. It is important that the employees not miss an appl. for a shot as they
might have to repeat the series. There are specific timeframes for each shot.
It an exposure incident occurs at work, under workers' compensation, the City has the employee
tested and if necessary they are given a Hep. B booster shot for additional protection.
SECTION 4 - IN -HOUSE RECRUITMENT
A. Transfer - If an employee is qualified, the Personnel Officer may approve the transfer of an employee from
one position in the City to another position in the same class or to another position in a different class with
the same maximum salary.
Types of transfers.
a. Voluntary request for transfer initiated by department supervisor and/or employee.
b. Involuntary transfer initiated by the Personnel Officer to better serve the needs of the City.
c. Transfers for disciplinary reasons are subject to the provisions of Section 3.
d. The Personnel Officer may transfer an employee to a class with a lower maximum salary with the
consent of the employee, provided the employee possesses the desirable qualifications for the
position to which he/she reassigned.
2. Process for transfers. Transfer process and approval is made as follows_
a. At least two weeks prior to the transfer, a notice will be sent to the affected employee(s) and
bargaining unit(s) slating the nature of the transfer and an explanation as to why the transfer is
necessary.
b. The employee has a right to respond in writing within five (5) workdays from date of notice.
The employee has a right, through their bargaining unit, to file a grievance within the time limits
established in the grievance procedure.
B. Promotion —
Qualifications. A person may be moved to a class with a higher maximum salary only if he/she has
the desirable qualifications for the higher class. These desirable qualifications are ascertained on the
basis of information obtained from application forms, tests, examinations, interviews, past performance
reviews or evaluations, and /or input from an employee's supervisor.
2. lnternallexternal recruitment. In filling vacancies for positions above entry - level, consideration will
first be given to existing City employees_ However, the Personnel Officer may recruit from outside
when the Personnel Officer determines that appropriately qualified City employees are not available to
fill the .vacancy. The City reserves the right to conduct an open recruitment process to fill a vacancy in
a higher -level position or to fill the vacancy by advancement of a qualified employee that currently
occupies a lower -level position.
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Request for eligible employees. When a vacancy occurs, tide Supervisor may request a list of
narnes of persons in City employ who qualify for promotion to the vacant iosition for consideration
frorn the I Iurnan Resources Department.
Determining pay for promoted employees. Refer to Section 2
B, Section 3. l <)y #'tan s Mid COmpenSBtlOn, Part
C. Trainee Prograrn - In an effort to provide upward mobility opportunities for current City employees and to
Provide employment opportunities to the gerleral 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 posilions as deemed appropriate.
3 _ 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 rnay be promotional or open as deemed appropriate by the Personnel
Officer and the initial salary would be up to thirty percent (30 %) below
salary rang the beginning of the established
e.
3_ Transition from trainee classification may occur as early as six (6) months but no later than two (2)
Years from the dale of appointment. Minimum qualifications for the position must be attained prior to
transition. Transition may occur upon recommendation of the Supervisor and approval of the
Personnel Officer.
D. Apprenticeship Program - The City may establish an apprenticeship program in partnership with a local
school district, Sonoma State University, Santa Rosa Junior College, or an accredited trade school. This
program would be conducted in cooperation will) the applicable bargaining units.
E. Probationary Period. The probationary periods set forth in Section 5 also apply to all placements
resulting from the in -house recruitment process.
SECTION 5 - RECRUITMENT PROCESS
A. Announcement of Vacancies - Notices of employment opportunities in the City will be first announced in
house, via electronic mail, allowing current employees the opportunity to apply for the position. The
announcement will also be posted in the City offices and publicized in any other ways necessary to attract
the best ctualified candidates.
Open recruitment. The Personnel Officer has the discretion to begin open recruitment outside of City
employ when he /she knows that the City does not have employees with the required knowledge or
skills_
Notices. Such notices list the classes in which vacancies are anticipated, specify the class title, salary
range, fringe benefits, the nature of work performed and the qualifications required for employment in
the class, tell when and where to file applications for employment, and give information about the
testing, scoring and seleclion procedure to be used.
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B. Applications -- Every applicant responding to a City recruitment shall file an official City application form.
Applications shall be available in the City's Human Resources office. Applications and supporting
documentation tiled with the City are the property of the City. Any information on the application will not be
made public.
9. Application form. The form by which a person applies for a position with the city is prescribed by the
Personnel Officer and requires information about the applicant's training, experience, qualifications
and any additional information the Personnel Officer deems pertinent to an evaluation of the
applicant's fitness for a position.
2. Deadline for filing applications. Applications and all required documents must be filed in the Human
Resources Department on of, before the final filing date and time specified in the position
announcement.
3_ Rejection of applications. The Personnel Officer may disapprove an application, disqualify an
applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed:
a. lacks any of the requirements established for the examination or position for which application
has been made;
b. excessively uses narcotics and /or intoxicating liquors to the extent that they are unable to perform
the essential functions of the position;
c. an employee that is not physically and /or mentally able to perform the essential functions of the
job, with or without reasonable accommodation;
d. has made any false statement or omission of any significant fact, or has practiced or attempted to
practice deception or fraud in the application, in declarations, or in securing eligibility or
appointment;
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 any public or private employment or resigned to avoid
such dismissal,
g. has failed to submit a complete and /or signed application within the specific time limits;
h. has failed to reply within five (5) working days from the date mailing, to communications
concerning availability for employment;
has made himself /herself unavailable for employment by requesting that his /her name be
withheld from consideration.
j. for any material cause which, in the judgment of the Personnel Officer, would render the applicant
unfit for the particular position, including a prior resignation from City services accepted with
prejudice.
4_ Criminal convictions. Convictions (including pleas of guilty and nolo contendere) may disqualify an
applicant from employment by the City. Criminal convictions do not necessarily disqualify individuals
from employment with the City. In determining whether an individual with a conviction is disqualified,
the Personnel Officer will consider the following factors:
a_ the employment classification to which the person is applying, including its sensitivity,
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b. nahxe and seriousness of the conduct,
C. the length of time since the conduct,
d. the age of the individual ,lt the time of conduct,
e, circurnstances surroundincf the conduct,
f. contributing social or environmental conditions, and
g. the presence or absence of rehabilitation or efforts at rehabilitation.
5. Employment of relatives. A position within the City will not be filled by an individual, where that
individual would be subject to supervision, evaluation, discipline, or decisions regarding compensation
by a close relative. No person wN 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 tale conclusion of these rules.
G. Notification of disqualification. if an applicant is deemed disqualified for any of the above reasons,
the Personnel Officer will notify the applicant or eligible in writing at his /her last known address, of the
action taken. An applicant has the right to respond orally or in writing within five (5) working clays from
the date of mailing to the Personnel Officer, with no further right to appeal_
C. Selection Procedure - The method used to select employees shall be impartial and shall relate to those
subjects which fairly measure the abilities to execute the duties and responsibilities of the classification in
which tine vacancy exists. Selection procedures consist of one or more of the methods listed below_ The
same method shall be applied equally in a single examination.
1. Application. Information the applicant supplies on the City's application form, and any attachments
thereto will be reviewed under the supervision of the Human Resources Assistant or his/her designee
and the applicable department supervisor. The same criteria and point system is utilized for all
applicants for the same position.
2. Examinations_ -The selection techniques used in the examination process will be impartial, practical,
and related to those subjects which fairly measure the relative capabilities of the applicant examined to
execute the duties and responsibilities of the class, to which they seek to be appointed. Examinations
may consist of, but are not limited to, such techniques as written tests, personal interviews, skills and
performance tests, assessment centers, review of performance evaluations, evaluation of daily work
performance, evaluation of work samples.
3. Documentary evidence. Applicants for positions are required to provide documentary evidence of
education, training, or experience. The City reserves the right t6 re -test the skill level of any applicant.
4. Scoring and rating. The Personnel Officer will establish the relative weights of examination and
other components of a position. The basis of the final score will be included in the job
announcement. Scoring and rating systems may be numerical or non - numerical as determined by the
Personnel Officer.
a. Appointment preference on openlpromotional recruitments will be extended to any regular City
employee. Regular city employees will be granted the following scoring preference: 1% for each
year of service, with a maximum preference of 10 %. Depending on the scoring established for
the classification recruitment, the preference may be expressed as an additional percentage or
additional points. Sect example below for detailed explanation.
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PERCENTAGE EVALUATION (sam le
E.mployee's Total Score = 80%
Years of City Service as a Regular Employee = 10 (calculates to an additional 10 %)
E=mployee's Adjusted Total Score = 80% + 10% = 90 %'
POINT EVALUATION sample)
Employee's Total Points = 175 oul 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 .r 20 = 195'
'The combination of an employee's performance in the examination process and years of service
may give the employee a higher score than the maximum possible. In such a case, the employee
shall receive the actual score calculated above the maximum and be ranked accordingly.
Specifically, for the examples listed above, the employee achieving the maximum score on the
percentage evaluation would receive a total score of 100% + 10% = 110 %; and on the point
evaluation receive a total score of 200 + 20 = 220.
b_ In accordance with Resolution 2001 -271, the City does not grant preferential status to any select
group of persons when applying for a position.
D. Interview Process -
Interview boards_ The Personnel Officer will assemble and appoint interview boards. These boards
may be comprised of private citizens, experts in the field, members of another agency, City officers,
City employees, and /or bargaining unit representatives.
2. Interviewers remarks. Interviewers mark on forms provided the degree to which, in their judgment,
each candidate possesses the desired qualifications. The interviewer's remarks wi t! be translated into
a numerical score. Scoring sheet and interviewers' remarks are confidential.
E. Eligibility Lists - After each selection procedure has been completed, the Personnel Officer or his/her
designee will prepare an eligibility list containing the names of applicants who qualify for appointment to
positions in a particular class.
Ranking_ Place the names of the qualified applicants ( "eligibles ") on the eligibility list in the order of
their final ranking, as determined by the selection process, with the highest rated eligible at the top of
the fist. If more than one person has the same score, the names 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
Personnel Officer extends this period, for a period not to exceed (1) year. The Personnel Officer can
reduce the period if the list contains less than 5 names. In the event of early cancellation of an eligible
list, the Personnel Officer will notify each person whose name appears on such list to this effect via
mail to his /her last known address. This notice is_ to include an explanation as to why the time frame
has been changed.
3. Removal from list. An applicant may be removed from a given eligibility list by the Personnel Officer
for any of the following reasons=
a_ appointment to the classification for which the eligible list was originally established;
b. request by the applicant for removal 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 date of notice of -
interview or offer of appointment;
e. determination by the f'ersolu)el Officer Ihai the applicant has violated one or more of the
provisions of Section 5.13.4.
4. Vacancies. When a vacancy occurs in a class for which there is an eligibility list, the Personnel
Officer will transmit the names, and ,all supporting documents, of all candidates with the top five
ranking scores on the eligibility list to the Supervisor for consideration.
F. Appointment Process -- All appointments to position vacancies will be made in accordance with these
rules and regulations. The power to appoint and dismiss City employees is vested in the City Manager
(Personnel Officer).
1. Vacancy. The vacancy will be filled by appointment of an eligible candidate from an appropriate
eligibility list, except as provided in 2 below.
2. Exceptions.
a. No eligibility list. The Personnel Officer may make a provisional appointment to a position if
there is no eligibility list for the class and if the needs of the service require that the position be
filled before a selection process can be completed. A provisional appointee must:
i. Meet if'(,' requirements of training and experience established for the position;
ii. Not continue for more than thirty (30) days in the provisional appointment after an eligibility
list for the position has been established unless there are no eligibles on such eligibility 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 justification to the Personnel Officer to
extend the provisional appointment in six (6) month increments. No more than two (2)
extensions may be granted for each provisional appointment.
b. Emergency. In an emergency which threatens life, property, or the operation of necessary
municipal services, the Personnel Officer may employ an individual not on the eligibility list for not
more than thirty (30) calendar (Jays.
3. Pay. A new appointee shall receive the minimum salary for the class to which the position is
allocated, except that:
i. In cases of extreme difficulty in filling a position, the Personnel Officer may approve
appointment at a salary above the minimum.- In such cases, all incumbent employees in the
class to which the appointment is made shall be placed on at least the same step of the
salary range as the new appointee; or
ii. in hiring exceptionally qualified personnel, the Personnel Officer may approve appointments
at a salary above the minimum for the class.
G. Conditional Offer of Employment - An offer of employment is contingent upon the results of the following:
1. Reference checks. Prior to conducting reference inquiries a prospective employee will be required to
sign a release allowing the City to acquire information about the applicant from former employers.
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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. Fingerprints and criminal background check. All persons employed by the City will be
fingerprinted and law enforcement records checked for past criminal convictions. Information thus
obtained will be confidential. Employment of, and continuation of service of employees with a criminal.
conviction must have the approval of the Personnel Officer as stated in Section 5.13.4.
H. Probation Period - The purpose of probation is to permit the employer to observe the employee on the job
and to evaluate performance. Probation is part of the promotional, training, testing and selection process.
The probation period begins on the date of appoiniment. It is the responsibility of the supervisor to
communicate with the employee in regards to his /her progress.
1. Duration of period. The probationary period is not less than twelve (12) months for miscellaneous
employees, not less than eighteen (18) months for dispatchers, not less than eighteen (18) months for
sworn Public Safety employees, and not less than twenty -four (24) months for Management
employees. Employees who receive promotional appointments must serve another probationary
period of at least six (6) months for non - supervisory employees and twelve (12) months for
supervisory employees (includes management classifications).
2. Leaves of absence during probation. If an employee is absent from work for longer than five (5)
working days during the probationary period, the City may extend the probationary period an amount
of time equal to the days missed if necessary in order to property evaluate an employee.
Extension of probation period. All efforts will be made to sufficiently evaluate the probationary
employee during .the assigned period. An extension of the probationary period may, however, be
recommended by the supervisor and /or Personnel Officer when cause exists. if additional time is
needed to evaluate the employee, the supervisor or Personnel Officer can extend the probationary
period for an additional period not to exceed three (3) months.
a. Extension of probationary period wilt be based on the written performance review.
b. The performance review will take place ten (10) working clays prior to the end of the initial
probationary .period.
4. Rejection during probation period. During the probationary period, an employee may be rejected at
any time for any reason by the Personnel Officer. Employees who are dismissed during their
probationary period have no right to hearing or appeal. Notification of rejection must be served to the
probationary employee in writing.
5. Promoted employees. A promote(] employee who does not successfully complete the probationary
period will be reinstated to his or her former position or to a comparable position. If, however, the
employee is discharged for cause, the employee has no right to reinstatement.
6. An employee who successfully completes a probation period achieves regular status in hislher class
and is known as a regular employee.
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SECTION 6 - SEPARATION AND REINSTATEMENT
An employe;(, may be separated from employrnent by resignation, disrnissal, retirement, or layoff on accounl of .
1<ack of work of lack of funds. 'fhe dismissal for cause of regular employees will be in accordance ith the
provisions of Section 8. Other separation procedures and reinstatement procedures are set forth below.
A. Separation and/or Rest nation -- An employee wishing to resign is required to notify his /her supervisor in
writing at least two weeks prior to their intended leave from City employment- A copy of the written
resignation will be given to the Personnel Officer and then placed in the employee's personnel file.
1. An employee who has resigned in writing may withdraw his /her resignation prior to the final date
slated on the letter of resignation. The withdrawal letter will also be placed in his /her personnel file.
l.. An employee who leaves employment without so filing a written resignation and giving two (2) weeks
notice, as required above, will have this fact noted in his /her file and may be denied future employment
by the City.
B. Reinstatement Upon application of a former regular employee, who has properly resigned, the
Personnel Officer may, at his /her sole discretion, approve reinstatement of the former employee as
provided below:
1. An employee separated from the City's employ for six (6) months or less may be reinstated without
competitive examination to the position held at date of separation, or to any other position within the
sarrre classification for which the employee would have been eligible at time of separation. Fouler
regular full -time City employees returning to City service within the six (6) month period will be, granted
the full benefits they were receiving at time of separation as if there was no break in service.
2. An employee separated from the City's employ for over six (6) months who is reinstated shall be
treated as a new employee.
3. The City will reinstate into the position from which he /she has been promoted any employee who fails
during a promotion to which he /she has been promoted.
4. Any employee who resigns without proper notice or resigns during an investigation or disciplinary
action will not be eligible for reinstatement.
S. An employee who is granted an authorized leave to which he or she is entitled under a federal, slate
or local law requiring reinstatement shall be reinstated to his/her former position as provided by law.
C. L_ ayoff - Whenever it becomes necessary to reduce the number of employees due to lack of work,
economic considerations, changes in mission, technological changes, or as determined by the Personnel
Officer based on other factors or when a position in the classified services is to be temporarily or
'permanently abolished, the Personnel Officer will notify the Human Resources Department the number of
employees to be laid off or the names and number of positions to be abolished. The purpose of the
procedures set forth below is to establish equitable standards to regulate such layoffs. The City's decision
to reduce its work force is a management right, thus no due process or grievance procedures apply, and
the decision is not subject to "meet and confer" requirements. These procedures apply only to regular
employees (full or part time) and probationary employees (initial or promotional/transfer).
1. Identification. The Personnel Officer on the basis of the administrative needs of the City determines
the departments and positions subject to layoff_
2. Order of layoff:
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a. Within a classification, those employees who are probationary employees in their initial
probationary period will be laid oft first, followed by employees in a promotional or transfer
probationary period.
b. The order of layoff for regular employees within a department will be determined by considering
business necessity, each employee's job performance and cornpetence, and seniority.
"Seniority" for purposes of this Section shall be determined by adding together all time spent
in City service, in whatever capacity, expressed in terms of years, months, and days. The
seniority calculation shall not include disciplinary time; off without pay or time spent on unpaid
leave (unless federal or state law requires it to be included in the seniority calculation).
Once seniority determinations have been made, layoffs are made in reverse seniority order
(i.e, the most junior employees are laid off first).
iii. Ties in seniority 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 employee's personnel file.
4. Exclusions. In certain instances, there may be exceptions made in the order of layoff oullined 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 voluntary reduction in classification to a lower level job
classification provided he /she meets the minimum qualifications, and /or obtain proficiency
through a short orientation period.
c, a voluntary reduction by taking early retirement and /or "golden hand shake ".
5. Retreat rights /voluntary demotion in lieu of layoff.
a. An employee who would otherwise be laid off has the right to retreat to a vacant position which he
or she previously held, provided the employee meets the current minimum qualifications for the
position.
b. An employee who would otherwise be laid off has the right to retreat to another position in the
same classification series or to any position the employee has previously held and for which the
employee is qualified that is occupied by an employee of lesser seniorily. 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 requesl to be temporarily demoted to any
vacant position for which the employee is qualified.
d. An employee who wishes to exercise any of the rights set forth in this subsection 5 must so notify
the Personnel Officer in writing within five (5) business days of receiving the notification of
pending layoff-
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e. An employee who retreats or is dernoted to a position as provided herein must serve the
probationary period applicable to the new position unless the employee previously completed tine
probationary Period in that position.
Ei. Reinstatement lists. The parties of regular employees who have been laid off, including those who
have accepted a demotion or retreated to another position are to be placed on a layoff reinstatement
list by seniority within the classification from which the employees were laid off. An employee's name
remains on this list for a period of one (1) year from date of layoff; an employee's name may be
removed for any of the following reasons:
a. Reappointment of the employee to his /her former classification
b. Notification frorn employee that he /she is no longer interested in relurnincf to the City.
C. Inability to contact the employee by mail or phone at the employee's last known address in the
employee's official personnel file.
d. Rejection by the employee of an offer of employment within the same job classification. Falltare to
respond within five (5) business days of the offer shall be deemed a rejection.
1. Offer of reinstatement. If the position previously held by a laid off employee becomes vacant, or it
another position within the same classification series becomes vacant, then the erployee with the
most seniority on applicable reinstatement list shall be offered tfte vacant position.
6. Restoration of, benefits upon reinstatement. When an employee is reinstated to employment after
layoff, all his r her prior service shall be counted toward the calculation of leave accruals and
seniority. Any unused sick leave which the employee had accrued at the time of layoff shall be
restored. if an employee is reinstated to a position in which he or she was serving a probationary
period at the time of layoff, all time on probation previously completed prior to layoff shall be counted
toward determining when the probationary period ends.
SECTION 7 - INCOMPATIBLE ACTIVITY /CONFLICTS OF INTEREST
A. Incompatible Activity - Certain activities are incompatible with ethical, effective employment with the City
All City employees are prohibited from:
1. Participating in improper political activity prohibited by the federal batch Act or pertinent provisions of
State Law including the California Government Code;
2. Using for private gain or advantage the influence of a City position or the facilities, equipment and
supplies of the City;
3. Soliciting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City;
4. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City in excess of the Conflict of Interest 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 employment or other activity, which will prevent an employee from doing his /her
City job in an efficient and capable manner, is illegal pursuant to state or federal law, or which might
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result in a conflict of interest between the employee's private interests and his /her official duties anti
responsibilities.
Q. Outside Employment - City employees are expected to work for the City's bests interests and to devote
Their best energies and skills to their positions. For this reason, City employees are prohibited from
accepting outside employment that could conflict with the best interests of the City or interfere with the
employee's ability to perform his or her. City position. Examples of such prohibited outside employment
include, but are not limited tw
1. jobs /business conducted during the employee's work hours with the City;
2. jobs /business that prevent the employee from being available for necessary overtime or emergency
work period outside his or her normal working hours when such overtime or emergency duty is a
regular part of his or her job,
3. business conducted using City facilities, resources or equipment (including telephones, computers,
supplies, etc.)
SECTION 8 - DISCIPLINARY ACTION
City employees are expected to meet certain standards of job performance, interpersonal interaction, and
conduct. The City may discipline any employee whose conduct or performance fails to meet reasonable City
standards, i.e. for cause. Discipline may be imposed for a single incident or for a pattern of conduct. The
specific discipline imposed is intended to focus the attention of the employee on the performance or conduct
problem and, except in cases of discharge, to encourage changes in behavior.
Disciplinary actions include but are not limited lo: counseling, oral reprimand, written reprimand, reduction in
pay, suspension without pay, reassignment, demotion, and discharge. Although the City generally applies the
concept of "progressive discip line," discipline may include any one or any combination of actions, and the
actions need not necessarily be applied in a defined order. instead, the discipline imposed will be determined
according to the severity of the infraction(s), regardless of whether prior discipline has been imposed.
Only regular employees who have successfully completed their probationary period have the right a to hearing
and appeal as described in this section. An employee not covered by this Section may be disciplined without
reference to these provisions; such an employee has no protected property interest in his or her employment.
A. Causes for Disciplinary Action - Any regular employee may be disciplined for "good cause ". Good cause
is defined as reasons including, but not limited to, the following:
1. Fraud in securing employment;
2. Incompetence or inefficiency,
3. Failure to maintain required licenses, credentials, certificates or other conditions for employment as
specified in assigned classification;
4. insubordination,
S. Dishonesty;
6. Neglect of duty, or inattention to /dereliction of duties;
7. Violation of City or Department rules and regulations, policies, procedures or general orders, whether
oral or written;
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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. Imprgper or unauthorized use of City vehicles or equipment;
11. Misappropriation, thefl, or errrbezz►ement of City property and /or funds;
12. Unlawful harassment or discrimination, or the failure to cooperate with the investigation of harassment,
discrimination or other unlawful activities;
13. Possession of an open container, use of, or being under the influence of alcohol, non - prescription or
unauthorized narcotics or controlled substances during work hours;
14. Excessive tardiness or absences, except in the case of approved feave;
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 file City;
17. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City in excess of the Conflict of Interest guidelines established in the
Rohnert Park Municipal Code Chapter 2.60;
18. f=ailure to observe safety regulations and practices, including file use of assigned personal protective
equipment;
19. Discourteous, unprofessional or abusive treatment of the public or other employees;
20. Use of abusive language,
21. Actual or threatened physical violence;
22. Conviction (including by plea of guilty or noto contendere) of a felony or any crime involving moral
turpitude;
23. Conviction of a misdemeanor (including by plea of guilty or nolo conten(lere) that is of a nature as to
adversely affect the employee's ability to perform the duties and responsibilities of his or her position.
D. Minor Discipline. — All supervisors are authorized to implement minor disciplinary measures. Minor
disciplinary actions are not subject to appeal. Examples of minor discipline include the following:
1. Oral reprimand. An oral admonition to an employee whose conduct or performance must be
improved . and which details the areas for improvement, the degree of improvement required, and a
notice that failure to improve could result in more serious disciplinary action. Oral reprimands are
noted by the supervisor, but are not documented in the employee's personnel file.
2. Documented counseling. A written memorandum showing that the supervisor has met with the
employee to discuss a specific problem(s) or deficiency and which sets forth the recommendations
given to the employee to address the problem(s) or deficiency in order to improve performance.
Although a copy may be sent to the employee's personnel file, documented counseling memoranda
are typically maintained in the supervisor's file until they are included by notation in the employee's
formal performance evaluations.
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3. Written reprimand, A formal written notice to an employee stating the specific details concerning the
subject of the reprimand, summarizing previous related disciplinary action, if arty, and describing the
plan for improvement. A written reprimand shall include the date of the reprimand and a statement
advising the employee that continued conduct or performance at such tevels may result in more
serious discipline, up to to and including discharge. At the time a written reprimand is issued, the
employee is entitled to bring a representative of his or her choice. The employee shall review the
reprirnand and sign it and then shall be given a copy of it. Written reprimands are not subject to
appeal, although an employee has three (3) working days.following the date of a reprimand to submit
his or her own rebuttal comments, which shall accompany the reprimand in the employee's personnel
file.
Removal of minor discipline records. At the request of the employee, records of rninor 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. M<sior Disci tine Major discipline may only be implemented by Department Heads. Types of major
discipline include the following:
1. Suspension. The temporary removal of an employee from the City service without pay for one (1) or
more working days. "Working days" shall be determined by reference to the affected employee's
normal work schedule.
2. Merit decrease. A pay step reduction where performance falls short of the normal standards or where
performance is clearly inadequate in one or more critical job duties.
3. Demotion_ The removal of an employee from one position and reassignment to one of lower grade or
classification.
4. Discharge. The removal of an employee from City service when it has been determined the
employee has been given a reasonable opportunity to conform his or her conduct to required behavior
or performance standards and has failed to do so, or where an employee has committed one or more
serious offenses for which no other disciplinary measure is appropriate.
D. Discipliner rLProcess - Major Discipline. Any imposition of major discipline must follow the procedures set
forth below.
Notice_ A written Notice of intent to Discipline ( "Notice of Intent ") shall be prepared by the Department
Head in consultation with the Human Resources Department. The Notice of intent shall state:
a. The specific type of disciplinary action proposed;
b. The effective date of the action;
c. The specific reason(s) or cause(s) for the actions;
d. A copy of all written materials upon which the action is based, and
e. Notice that, prior to the imposition of the major discipline, the employee has the right 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
Wiling within ten (10) working days of receipt of the Notice of Intent.
Informal hearing (i.e. Skelly hearing). At the employee's request, an informal hearing will be held
prior to the imposition of major discipline. This hearing is not arl evidentiary hearing, but rather an
opportunity for the employee to present information as to wily the proposed major discipline should riot
be imposed. Except by stipulation of the City and the employee, the hearing shall take place within
ten working (10) days of the employee's request for hearing, and it may be rescheduled only once at
the employee's request. The following pararnetc:rs apply to the informal hearing:
a. The hearing shall be conducted by a responsible person cfesignaled by the Personnel Officer
b. -The hearing shall include tide employee, the employee's chosen representative(s) - (reasonable
number), and others as directed by the hearing officer. Absent extenuating circumstances the
employee's failure to appear waives his or her right to such a Hearing. ,
C. The hearing shall be tape recorded or stenographically recorded, and a copy of the tape
recording or transcript shall be provides) to the employee upon request.
d. At the hearing, the employee shall be given an opportunity, either orally or in writing, or both, to
bring forward tack or circumstances which may cause the charges to be revised or dismissed. If
the employee's information is presented by his or her representative, all statements made by the
representative shall be attributed to the employee as if made by him or her personally, and it is
the employee's obligation to correct any misslatement(s) by the representative.
e. Following the hearing, the hearing officer will make a written recommendation to the Department
I lead who issued the Notice of Intent as to whether the proposed discipline should be imposed,
modified, reduced or dismissed.
3. Notice of discipline. Following the informal hearing, it requested, the same Department Head who
issued the Notice of Intent shall consider the hearing officer's recommendation to determine how to
proceed. If he or she decides to dismiss the proposed discipline, written notice of the dismissal shall
be provided to the employee as soon as practicable. if the decision is to impose discipline either as
proposed or in some modified or reduced form, a written Notice of Discipline shall be prepared. The
Notice of Discipline shall state:
a. The specific type of disciplinary action that will be imposed;
b. The specific reason(s) or cause(s) for the actions, setting forth specific facts that form the basis
for the decision;
C. The effective date of the action, and
d. The applicable appeal rights available to the employee pursuant to these Personnel Rules.
Disciplinary action becomes effective on the date stated in the Notice of Disciplinary Action,
notwithstanding an employee's timely request for an evidentiary hearing before the Personnel Officer.
E. Appeal from Major Discipline - Any employee on whom major discipline has been imposed shall be
entitled to an appeal hearing as set forth below.
Timing_ An employee wishing to exercise the appeal rights provided in this Section must deliver a
written Notice of Appeal to the Personnel Officer within ten (10) working days after the date of the
Notice of Discipline.
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2. Employee representation. Employees may represent themselves or be represented by legal counsel
or representative(s) of the employee's 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 extenuating circumstances, be field
within thirty (30) working days of the receiving the Notice of,Appeal. The hearing shall be closed and
confidential. Prior to the hearing, the Assistant City Manager or his /her designee shall supply the
hearing officer with (1) the Notice of Intent and any attachments, (2) the Skelly hearing officer's written
recornmendalion, and (3) the Notice of Discipline and any attachments_ Other hearing procedures are
as follows:
a_ -1 he employee's presence is required_ Failure to appear at the appeal hearing unless physically
unable to do so shall be deemed a withdrawal of the appeal and a waiver of any further right of
administrative appeal
b. The hearing shall be stenographically recorded.
c. Any and all witnesses other than the City's representative shall be excluded from the proceeding
until called to testify, except as mutually agreed to by the employee and the City's representative.
d. Order of hearing shall be:
The City's representative, followed by the employee, may make preliminary opening
statements.
ii_ The City's representative may present oral or documentary evidence, or both, in support of
the City's position; the employee may cross - examine all witnesses called by the City.
ill. The employee may present oral or documentary evidence, or both, in support of the
employee's position; the City's representative may cross - examine all witnesses called by the
employee.
iv. The City's representative, followed by the employee, may make a closing statement.
The bearing shall be conducted in an efficient manner conducive to determining the issues,
however, the technical rules of evidence do not apply. Any relevant evidence may be admitted if
it is the sort of evidence on which responsible . persons are accustomed to relying in the conduct
of serious affairs. Oral evidence shall be taken only upon oath or affirmation_ Hearsay evidence
may be used for various purposes; however, hearsay standing alone and properly objected to
shall not be competent to prove a charge_ irrelevant and unduly repetitious evidence may be
excluded, as shall evidence that would violate other employees' rights to privacy and
confidentiality of their personal information. The hearing officer (with advice of appointed
counsel, if necessary) shall rule on any objections made to the admissibility of evidence or
otherwise relating to the conduct of the hearing.
Following the conclusion of the hearing, the hearing officer shall prepare written findings and
recommendations and provide them to the City Manager_ The hearing officer may recommend
changes to the proposed discipline. However, if the hearing officer finds that the underlying facts
giving rise to the charge(s) are proved by a preponderance of the evidence, the hearing officer
may not recommend a reduction in discipline if reasonable minds could differ as to the proper
level of discipline. If the hearing officer recommends a reduction in discipline, he or she must
make a specific finding that reasonable minds could not differ as to the appropriate level of
discipline and set forth the facts upon which he or she based such finding. If the hearing officer
finds that none of the charges are supported by the evidence presented, the recommendation
shall be that no disciplinary action be taken.
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City Manager's Determ"rnation. The hearing officer's findings and recommendations shalt be
forwardeci to the City Manager for his or her review. The City Manager will follow the
recommendations of file hearing officer unless he or shc: can show cause that the hearing officer
abused his or her discrelioti,
a. -f he City Manager shall review the entire record (including the Notice of Intent, the record of
Skelly proceedings, the Skelly officer's written recommendation, the Notice of Discipline, the
evidence and record at the evidentiary hearing, and the appeal hearing officer's written findings
and recommendations).
b. The City Manager shall issue a decision irriposing the disciplinary action he or she deems
appropriate and in the best interests of the City.
C. The City Manager's decision shall be in writing and shall be final. it shall include a copy of the
appeal, hearing officer's findings and recommendations and shall be filed as a permanent record
in the 00)ployee's personnel, file.
d. Notice of (he City Manager`s decision, along with a copy of both the City Manager's decision and
the appeal hearing officer's findings End 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 pursuant to Code of Civil Procedure
1094.6.
F. Use of paid administrative leave. Nothing in this Section is intended to abrogate the City's right to place
an employee on paid administrative leave during the investigation of circumstances that could lead to the
imposition of discipline or for any other reason that is in the City's best interests.
G. Disciplinary Action for specific employees of the Department of Public Safety.
Under California Government Code Section 3300, the State of California enacted the Public Safety
Officers' Procedural Bill of Rights (POBRA). As defined under California Government Code Section 3301,
the positions within the City that are covered by the POBRA are the following. Public Safety Officer
Trainee, Public Safety Officer, Public Safety Sergeant, Public Safety Supervisor (LT), Public Safety Division
Commander, and Director of Public Safety. it shall be the policy of the City to extend these same rights
and privileges to all non - safely members of the Rohnert Park Public Safety Officers' Association, except
those that by their very nature could only apply to peace officers and/or firefighters. All subsequent
revisions to California Code sections 3300 et seq and Court interpretations of these statutes shall also be
Minding on the City with respect to non - safety members of the Rohnert Park Public Safety Officers'
Association.
For safety and non - safety employees alike, the phrase "locker, or other space for storage that may be
assigned to him" as used in Government Code Section 3309 shall include, but is not limited to, a Public
Safely employee's assigned City vehicle and /or the enclosed spaces of an employee's assigned desk or
office area Nothing in this section shall preclude the City from temporarily re- assigning a departmental
asset to meet a necessary operational requirement_
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Personnel Rules and Regulations
GLOSSARY - DEFINITION OF TERMS
ADMINISTRATIVE LEAVE - Absence with full pay and benefits, ordered by a Department I lead or the City
Manager, when the City's interests require the employee to be away from the job.
ANNIVERSARY DATE - The date, which signifies the completion of each year of service by a regular employee
in a position and /or the date an employee starts his /her probationary period for either original, promotional, or
change in classification appointments.
APPLICANT - A person. who has successfully completed and submitted an employment application for a
position for which the City is currently recruiting.
APPOINTMENT -- The selection of, and acceptance by, an applicant to a position in the City service in
accordance with these rules.
AVERAGE SCORE - Means the combined average of all- relevant, converted, and weighted scores obtained by
a candidale for a given classification or position title_
CALENDAR DAYS - Consecutive (Jays within a specific time frame and shall include weekends and holidays.
CANDIDATE - An applicant for City employment who meets. the minimum qualifications of the position applying
for and has been selected to begin the testing process or a person on an eligibility list_
CFRA - California Family Rights Act, state law established in 9993, and is administered by the California
Department of Fair Employment and Housing.
CITY COUNCIL - The duly elected governing body of the city.
CITY MANAGER - The individual appointed by the City Council to manage all City operations, departments,
policies and rules.
CITY SERVICE - The entire employment system of the City
CLASSIFICATION - A group of positions sufficiently similar in respect to duties and responsibilities, that the
same descriptive classification title may be used to designate each position allocated to that class. The same
minimum qualifications may be required of incumbents of positions in the class, and the same examinations
may be used to choose qualified employees.
CLASSIFICATION SERIES - A group of classifications sharing similar functions but differing as to level of
complexity, difficulty and responsibility.
CLOSE RELATIVE - Relative shall mean spouse, father, father -in -law, mother, mother -in -law, brother, brother -
in -law, sister, sister -in -law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent -
in -law, grandchildren and relationships in loco - parentis and close personal relationships, with the approval of the
City Manager or his /her designee.
COMPENSATION - Any salary, fee, or allowance paid to an employee for performing the duties and exercising
the responsibilities of a position.
DISCIPLINARY ACTIONS - Actions taken with the objective of obtaining employee compliance with rules,
orders, procedures, standards of conduct and /or expected job performance when non - disciplinary corrective
actions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its
own_
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Personnel Rules and Regulations
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,Personnet Rules ancf Regul: +tions
DOMESTIC PARTNER - TWO adults who have chosen to share one another's lives in an intimate and
committed relationship of mutual caring. To be eligible both parties must file a Declaration of l:)oestic
Partnership willr the California Secretary of Staid. rn
ELIGIBLE - A person whose name is on an employment list.
ELIGIBILITY 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 Ealing 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. f he categories of employees are:
Regular: A regular et7rployec is one who has passed probation and holds a regularly authorized position
with benefits. Regular employees may only be disciplined for cause. There are 3 types of regular
employees:
1. Regular full- tirne: a person who holds a budgeted (40) forty -hour per week position, with dirties and
responsibilities that do not end in a specific time period, and who is entitled to full benefits with the City
pursuant to It�e applicable Memorandum of Agreement or applicable Outline of Benefits for the
Maria( ernent and Confidential Unify.
2. Regular part -time: a person who holds a budgeted position, will) duties and responsibilities that do riot
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. Speciall y- funded: a person who works in a regular full- or part -lime position funded by sources other
than,City revenues (e.( ., federal or stale grants).
Probationary: A probationary employee is someone in a regular full- or part -time position who is serving a
trial period as provided in Sections 4 and 5.
Special: A special employee is one hired for a special purpose to meet the needs of the City. Special
employees include:
Provisional er3lployees - i.e. an employee who meets the minimum qualifications for a position and
who is appointed on an interim basis until the vacancy can be filled.
2. Seasonal employees -- A temporary employee appointed to positions of limited duration of not more
than six (6) months within a twelve (12) month period. Seasonal employees do not participate in the
City's benefit 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.
ENTRY LEVEL - -'File initial position in a class series.
EXAMINATION -- The process utilized to evaluate the relative skills and knowledge of an applicant for
prospective employment or current employee who 11as applied for a change in classification and /or promotion,
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r'ersonnei Rules and Regulations
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Personnel Rules and Regulations
Techniques utilized may consist of, but not limited to any of the following: traditional paper and pencil tests,
performance tests, skills test, or oral assessrnent.
EXEMPT -- An employee in a specific classification who, according to the f=air Labor Standards Act (FLSA) is
exempt from the City's overtime policies and is compensated for overtime through Administrative Leave,
accumulated per specifications outlined in the MOA's and /or Outline of Benefits for the Management and
Confidential Units.
FAMILY AND MEDICAL LEAVE POLICY - Provides for ernployee leave during times of illness or family
emergencies. In compliance with California Family Rights Act and f=ederal 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 wades, hours, and working conditions. Disciplinary
action cannot be grieved.
LEAVE -0F - 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 V2 times normal pay for hours worked over 8, 9, 10 in a 24 hr period and /or any
hours worked over 40 hours in a 7 day period, as outlined in the MOA's and /or Outline of Benefits for the
Management and Confidential Units.
PDL - Pregnancy Disability Leave, California law established in 1994, and administered by the California
Department of Fair Employment and dousing.
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, or who has resigned in good
standing and who is entitled to preference in appointment to vacancies in that class.
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Personnel Rules and Regulations
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Personnel Rules and Regulations
RPEA -- Rohned Park Employees' Association. The labor bargaining and representation unit for administrative,
technical and support employees.
RPPSOA ._ Rohnert Park Public: Safety Officers' Association. The labor bargaining and representation unit for
Public Safety Sergeants, Public Safety Officers, Public Safety Dispatchers, Comrnurricalions Supervisor,
Community Services Officers, Pal I- Dispatchers, and Public Safety Officer Trainees.
RULES - The iersonnel Rules and Regulations of the City of R01-mert Park as contained in this document.
SALARY - A regular employee's base pay as apPxoved by the City Council in the classification and salary plan
i.e. pay rates and ranges, computed on a monthly basis.
SALARY RANGES - The rate(s) assigned to a classification in file pay rates and ranges.
SEIU - Service Employees International Union Local 707. The labor bargaining and representation unit for
ccrrlain City employees if) the Department of Public Works.
TEMPORARY APPOINTMENT - An appointment of limited duration in the absence of available eligible
employees or applicants.
TERMINATION - The ending of any employment relationship between an employee and the City.
TRANSFER - A change of an employee from one position to another position in the same class or another class
having essentially the i-naximum salary limits, and involving the performance of similar duties -
'.NORKDAY - Is a twenty -four (24) hour period beginning at the sarne tune each calendar day
WORKWEEK - Means any forty (40) hour period within seven (7) consecutive days starting with the same
calendar clay each week.
RESOLUTIONS EFFECTING PERSONNEL POLICY
RESO 79 -22
- EMPLOYEE GRIEVANCE PROCEDURE
RESO '92 -78
EOUAL OPPORTUNITY EMPLOYER
RESO 92 -79
- POLICY AGAINST DISCRIMINATION BASED ON DISABILITY ._ ADA
RESO 93 -38
AGAINST HARASSMENT
RESO 99 -01
- ELECTRONIC MEDIA USE
RESO 91-192
- ANTI -DRUG POLICY
RESO 87 -117
DEPENDENT CARE ASSISTANCE PROGRAM
RESO 00 -10
- EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004)
RESO 03 -71
- PROVIDING FOR CONTINUATION OF SALARY AND 'BENEFITS FOR ELIGIBLE
CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING
RESO 03 -235
- OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
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Personnel Rules and Regulations