2012/06/12 City Council Resolution 2012-58RESOLUTION NO. 2012- 58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING A MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK EMPLOYEES'ASSOCIATION (RPEA)
WHEREAS, on May 22, 2012, the City Council approved a tentative labor
agreement with the Rohnert Park Employees' Association (RPEA), which had
been ratified by the membership of RPEA; and
WHEREAS, staff has prepared a final Memorandum of Agreement with RPEA in
accordance with Cotmcil 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
Employees' Association (RPEA), which is attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 12 day of June , 2012.
CITY OF ROHNERT PARK
4pt�Nadr PARR
V!� e�y�
Mayor
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ATTEST:
CALi.OKN1P
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City Clerk
AHANOTU: BELFORTE:_ CALLINAN'. -i STAFFORD: MACKENZIE:�
AYES: (S ) NOES: ( v ) ABSENT: ( O ) ABSTAIN: ( D , )
JH- S:05 -d
Exhibit A
n 4aA
4 � J
62
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF ROHNERT PARK
AND THE
ROHNERT PARK EMPLOYEES' ASSOCIATION
(RPEA)
EFFECTIVE JULY 1, 2012 — JUNE 30, 2013
TABLE OF CONTENTS
1. HOURS OF WORK .............................
1.1
REGULAR WORKWEEK FOR EMPLOYEES ....................
1.2
REGULAR WORKDAY FOR EMPLOYEES ...............................................................................
...............................
2. OVERTIME /COMPENSATORY TIME ......................
2.1
COMPENSATION RATE .....................
2.2
...............................
MAXIMUM COMPENSATORY TIME ......................
........................................................... ............................... 4
2.3
CALL BACK OVERTIME ..... ..............................:
2.4
EXEMPT EMPLOYEES ............. ...............................
3. HOLIDAYS ....................... ...............................
3.1
OBSERVED-HOLIDAYS. ............. ...........................
3.2
PROCLAIMED HOLIDAYS ...........................
:...
5
DAY OF MOURNING OR SPECIAL OBSERVANCE
.........................
..................
3.4
HOLIDAYS FOR REGULAR PART -TIME EMPLOYEES
....................
4. ANNUAL LEAVE PROGRAM ............... .............................:.
4.1
ACCRUAL ................. ...............................
4.2
RESIDUAL ACCRUED SICK LEAVE ... : .........................
4.3
ACCRUED VACATION CONVERSION .......... : ........................
4.4
ANNUAL LEAVE ADMINISTRATION .....................................
.......
4.5
SHORT TERM DISABILITY ..................
...............................
6
S. MILITARY
LEAVE ...........................
..............................:
6. OTHER FRINGE BENEFITS ...................
...............................
................. ............................... 7
6.1
FRINGE BENEFIT PROGRAMS . ...............................
6.2
CATASTROPHIC LEAVE ................................
6.3
...............................
........... 8
CALIFORNIA FAMILY RIGHTS ACT AND FAMILY MEDICAL LEAVE ACT
6.4
LIGHT OR LIMITED DUTY ....................................................................
.............. ........... ............................... ............................ 8
6.5
AMERICANS 1A/iTH DISABILITIES ACT ...........................
............................... 8
6.6
PAYMENT TO BENEFICIARY .............. ................................................
6.7
INSURANCE COVERAGE HEALTH INSURANCE) ...............
...............................
6.8
ALTERNATE BENEFIT .............................
...............................
6.9
DENTAL COVERAGE ..............................................................
. .......... ............................................. 9
6.10
VISION COVERAGE ........................
............................... ...... ... .. 9
6.11
ADOPTION BENEFIT ...... ...............................
6.12
BEREAVEMENT LEAVE ...........................
. ...............................
6.13
FUNERAL EXPENSE BENEFIT .......................:.
6.14
LONG -TERM DISABILITY INSURANCE ...................
6.15
LIFE INSURANCE COVERAGE .. ........:.....................:
...............................
.16
DEFERRED INCOME PROVIDERS .. ...............................
.............
6.17
. .. ................................................... ...............................
RETIRED, DECEASED AND /OR PERMANENTLY AND TOTALLY DISABLED
6.18
EDUCATION AND TRAINING REIMBURSEMENT .....................................
EMPLOYEES .............. ...............................
6.19
LONGEVITY PAY .........................................................................................................................
...............................
6.20
EDUCATIONAL INCENTIVE PAY .......................
.............................14
6.21
...............................
RETIREMENT PROGRAMS..................
15
6.22
DEPENDENT CARE ASSISTANCE PROGRAM ........................................................................................
6.23
.............................15
HEALTH CARE TAX -FREE DOLLAR ACCOUNT PROGRAM
6.24
HEARING AID BENEFIT .............. ..............................:
................ ...............................
PMOA- Rohnert Park Employees' Association ..July ?, 2012 through June 30, 2093
age 2
7. AGENCY SHOP AND PAYROLL DEDUCTION
...................... ................................................... .............................16
7.1 AGENCY SHOP ...........................................................................................................................
7.2 LISTING OF DEDUCTIONS ...................
.............................16
...............................
7.3 HOLD HARMLESS ..........:...:..............
16
...............................
17
8. SALARIES & MISCELLANEOUS PAY .................................
..............................:
8.1 SALARY ADJUSTMENTS ..................................................
8.2 REDUCED WORK WEEK ..................
............................... ........... .............................17
...............................................
8.3 BILINGUAL PAY ..........................................................................................................................
............................... ................ .............................17
8.4 PAYCHECKS .................
.............................18
..................................................
8.5 FISCAL/BUDGETARY IMPACTS
............................... ............................. .............................18
..............
9. ALCOHOL AND DRUGS ...... ...............................
_........ .......18
9.1 ALCOHOLIC BEVERAGES, OR OTHER DRUGS
....................
9.2 OFF DUTY HOURS ..............................
9.3 PRESCRIPTION DRUGS ...........................................................................
...............................
10. SMOKING .......................................
...............................
... .............................19
11. GASB WORKGROUP .................
...............................
12. GRIEVANCE POLICY AND PROCEDURE
...............................
...............................
13. USE OF CITY FACILITIES ... ...............................
14. MANAGEMENT RIGHTS ........ ...............................
...................................................................... .............................20
1S. WORK CURTAILMENT (NO STRIKE CLAUSE) .........................
...............................
16. PERSONNEL RULES AND REGULATIONS ..............
...............................
17. COMPLETE UNDERSTANDING .................
18. TERM OF AGREEMENT ............................
18.1 EFFECTIVE DATE ..........
......................................
8.2 TERMINATION DATE ..........................................
:.....................................................................................................
...............................
19. SUCCEEDING AGREEMENT .....................
.............................................................. .............................21
19.1 SUSPENSION OF AGREEMENT ... ...............................
19.2 REPLACEMENT .... ...............................
20. NON - DISCRIMINATION .... ...............................
21. PERSONNEL FILES .... ...............................
22. EMPLOYEE PERFORMANCE EVALUATIONS
- EMPLOYEE RESPONSE
....... ...............................
23. RPEA OFFICERS ..........................................................................
...............................
ATTACHMENT A: ALPHABETICAL LIST OF RPEA JOB TITLES
...........................
ATTACHMENT B: RETIREE MEDICAL INSURANCE TABLE
....................................................................... .............................26
INDEX....................................................................................................................................................
.............................27
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 3
MEMORANDUM OF AGREEMENT
Pursuant to Government Code Section 3500 et. seq., the Rohnert Park Employees' Association (RPEA)
and representatives of the City of Rohnert Park have met and conferred and hereby submit their joint
recommendations.for compensation and benefit adjustments for represented members of the RPEA.
1. Hours of Work
1.1 Regular Workweek for Employees
The regular workweek for all employees shall consist of consecutive workdays.
1.2 Regular Workday for Employees
The regular workday for employees shall consist of eight (8), nine (9), or ten (10) hours
of work as may be determined from time to time by mutual agreement of an employee
and his /her supervisor. By mutual the agreement of an employee and his /her
supervisor, hours of work may be other than those defined in this section.
2. Overtime /Compensatory Time
2.1 . Compensation Rate
Overtime compensation at the rate of one and one -half times the employee's regular
hourly rate shall be paid for all hours worked;
(a) In excess of forty (40) hours in any workweek. .
(b) In excess of scheduled work hours in any one workday in accordance with Section
1.2 above;
(c) On any Saturday or Sunday, or Holiday as defined by this Agreement.
2.2 Maximum Compensatory Time
A maximum of eighty (80) hours of compensatory time off may be accrued by an
employee by mutual agreement of the employee and his /her supervisor.
2.3 Call Back Overtime
Employees, other than those in exempt positions, who are called back to work after
having left the work site, shall be entitled to a minimum of two (2) hours' pay at the
following overtime rates:
(a) All hours worked until midnight at time and one -half the base hourly rate.
(b) All hours worked after midnight at double time the base hourly rate.
(c) All hours worked on Thanksgiving Day, Christmas, and New Years Day shall be
paid at two (2) times the base hourly rate.
2.4 Exempt Employees
Section 2.1 -2.3 shall not apply to those positions that do not receive overtime pay.
These positions are exempt under the Fair Labor Standards Act. This list is subject to
MUA- Honnert Nark Employees' Association . July 1, 2012 through June 30, 2013 Page 4
change due to position reclassifications or the creation of new positions. Management
shall meet and confer with RPEA officers prior to making changes to this list.
Administrative Leave - Exempt Employees
The exempt employees in RPEA unit shall receive fifty (50) hours of Administrative Leave
on July 1, 2012. Up to twenty (20) hours of unused Administrative Leave may be paid in
cash or its equivalent value applied towards an approved benefit program. Requests for
pay of this leave shall be submitted to the City Manager on or before 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 as of June 30,
2013 shall be forfeited.
3. Holidays
3.1 Observed Holidays
Employees will receive the following thirteen and one -half (13%) holidays annually. For
each holiday, employees shall receive 8 hours of holiday pay. Employees with alternate
schedules that include shifts in excess of 8 hours will only receive 8 hours of holiday pay.
Employees will supplement paid holiday with accrued leave time to account for holiday
absences. Employees with alternate schedules that include shifts less than 8 hours
which fall on an observed holiday may bank any excess paid holiday time (not to exceed
the 8 hour limit) as holiday leave credits, which may accumulate during the term of the
contract, and which must be used by agreement between the employee and supervisor
during the term of the contract.
"New Year's Day ", January 1
The third Monday in January, "Martin Luther King, Jr. Day"
Friday preceding "President's Day"
The third Monday in February, "President's Day"
The last Monday in May, "Memorial Day"
"Independence Day ", July 4
The first Monday in September, "Labor Day"
"State Admission Day ", September 9th
The second Monday in October, "Columbus Day"
"Veteran's Day ", November 11
The fourth Thursday in November, "Thanksgiving Day"
Day after "Thanksgiving"
12:00 Noon to 5:00 p.m. on Christmas Eve, December 24 (a total of four paid holiday
hours)
"Christmas Day ", December 25
3.2 Proclaimed Holidays
Every day proclaimed by the President, Governor or Mayor of the City as a public
holiday and made applicable to City employees.
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 5
3.3 Day of Mourning or Special Observance
Each day that the Governor declares a day of mourning or special observance as a
holiday for State employees if the declaration makes it applicable to City employees.
3.4 Holidays for Regular Part-time Employees
If a scheduled or observed holiday falls on a regularly scheduled day off of a part -time
employee, the part -time employee shall be entitled to the prorated number of holiday
hours, which may be taken as time off in the pay period_ in which the holiday falls.
4. Annual Leave Program
4.1 Accrual
Effective July 1, 2011 employees shall accrue monthly the following Annual Leave:
Length of Service
0 to 2 years
Monthly
Annual Leave Hours
12.67 Hours
Yearly
Annual Leave Hours
152 Hours
3 to 5 years
14 Hours
168 Hours
6 to 10 years
16 Hours
192 Hours
11 to 15 years
18 Hours
216 Hours
16+ years
19.33 Hours
232 Hours
4.2 Residual Accrued Sick Leave
Effective July 1, 2011, 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 either the sick leave or disability wage program for non - industrial illness
and injury shall retain the balance of such hours accumulated as of July 1, 2011. Half -
pay hours accumulated as provided by the disability wage plan will be converted to
fully -paid hours (balance divided by 2), and credited to the balance of each employee
covered by the disability wage plan. Employees in the disability wage plan who have not
received their 2011 anniversary allotment of 40 hours of full -pay disability wage at the
time of conversion will receive this additional 40 hours upon conversion. 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.
4.3 Accrued Vacation Conversion
Effective July 1, 2011, employees shall not accrue vacation. All existing accumulated
vacation shall be converted to Annual Leave.
4.4 Annual Leave Administration
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 there is a demonstrable pattern of abuse.
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013
Page 6
(a) Accrual Cap
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 500
hour annual leave cap.
(b) Cash Out
Accumulated annual leave shall be converted to cash upon separation from City
service.
(c) Seniority Preference
Preference for leave scheduling will be on the basis of seniority within classification
and /or as has been past practice.
4.5 Short Term Disability
The City will provide a short -term disability insurance program which includes income
replacement of 60% and benefits coordination to employees.
5. Military Leave
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.
6. Other Fringe Benefits
6.1 Fringe Benefit Programs
City reserves the right to select the insurance carrier(s) or to self- administer any of the
fringe benefit programs provided during the term of this agreement. In the event that
any offered health plan is no longer offered, the City agrees to provide a suitable
replacement health plan that is substantially comparable and agrees to meet and confer
regarding same.
All benefits provided under this section (Section 6) are subject to the characteristics of
each individual benefit program.
The value or availability of the benefits provided in this Agreement as originally worded
or as amended from time -to -time may depend on their tax treatment by the State or
Federal government or the decisions of other government agencies or departments,
such as, but not limited to, the Public Employees' Retirement System. The City will
endeavor to obtain the most favorable treatment legally possible from these other
governmental entities. However, the City makes no representation concerning the value
of such benefits to unit members or how they will be taxed or otherwise treated by
other agencies or departments. The City's obligations under this Agreement are limited
to the direct cost of providing the salary and benefits as described in this Agreement.
The City shall have no additional financial obligation, even if the tax or other treatment
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 7
of such salary or benefits by other agencies or departments reduces or eliminates their
value to the employee.
(a) The City will continue all employee benefits and pay the appropriate premiums,
as specified in the applicable section(s) of this agreement, due for an employee
out on an authorized leave while an employee is being compensated by accrued
annual leave time (see Annual Leave section 4 above), compensatory time,
industrial leave time and /or non - industrial leave time In accordance with
applicable law.
(b) Employee may continue certain employee benefits during an authorized leave
without pay for the period of the authorized leave by making payment to City for
said benefits.
(c) If there is any inconsistency between this section and the Personnel Rules and
Regulations, the Personnel Rules and Regulations shall govern.
6.2 Catastrophic Leave
Leave benefits shall be provided as outlined in the. Amended Catastrophic Leave
Program, a copy of which is attached hereto, approved by City Council Resolution No.
2001 -270 adopted December 11, 2001.
6.3 California Family Rights Act and Family Medical Leave Act
Employees may request a leave of absence under the California Family Rights Act (CFRA)
and /or the Federal Family Medical Leave Act (FMLA). Requests for family and medical
leave shall comply with the requirements of the CFRA and /or the FMLA.
6.4 Light or Limited Duty
Employees injured or ill from either on- the -job (industrial) or off - the -job (non - industrial)
causes may, at the City's sole discretion, be assigned to light, limited, or modified duty.
Such assignments shall be temporary. They may involve duties that differ from the
normal work duties of the employee.
6.5 Americans with Disabilities Act
The City and RPEA recognize that the City has an obligation under law to comply with
the Americans with Disabilities Act (ADA).
6.6 Payment to Beneficiary
Upon death of an employee, any unused Annual Leave and compensatory time shall be
paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or
beneficiary, any unused Annual Leave and compensatory time shall be paid to the
primary beneficiary specified by the employee on the employee's
enrollment /beneficiary card for City - provided Life Insurance.
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 8
6.7 Insurance Coverage
The City shall provide the insurance programs described in this Section. The City
reserves the right to provide these insurance programs by self - insurance, through an
insurance company or by any other method which provides the coverage outlined. Any
premiums paid by the employee eligible for Section 125 will be deducted from the
employee's pay on a pre -tax basis. The Parties will work together through the Joint
Labor - Management Committee to develop a "cafeteria" style benefits plan under the
provision of Internal Revenue Code 125 prior to expiration of this MOA. The
recommendations of the Joint Labor - Management Committee shall be presented to
RPEA members in a manner that explains the terms and conditions of the "cafeteria"
plan. The RPEA agrees to meet and discuss the "cafeteria" style benefits program, and
any changes during the term of the MOA shall be subject to mutual agreement.
(a) Health Insurance
The City shall offer employees and their eligible dependents, a health insurance
program under the terms set forth below:
i) —For the term of this agreement employees will have a choice of Kaiser
Permanente (Traditional Plan and HSA) or Anthem Blue Cross Prudent Buyer Plan
(Traditional Plan and HSA) or any other appropriate health plan offered by the
City.
ii) The City agrees to contribute towards medical insurance premiums an amount
equal to 80% of the lowest cost health plan at the employee's enrollment level,
excluding the Health Savings Account plans.
iii) The City shall provide a copy of the summary description of all health care
programs offered by the City to each employee upon request.
iv) Regular part -time employees may elect to participate in health insurance plans
and the City will contribute a a pro -rata amount (based on the allocation of the
position) towards the premium. The part -time employee will be responsible for
the balance of the premium through payroll deductions. If the part -time
employee does not select coverage, no cash payment will be made in lieu of the
insurance.
6.8 Alternate'Benefit
Eligible employees who provide proof of health insurance coverage from a source other
than the City may receive an alternate benefit of $350.00 per month. This benefit shall
be provided as outlined in City Council Resolution No. 2007 -178, adopted October 23,
2007.
6.9 Dental Coverage
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 monthly premiums and any increases during the
term of this Understanding. Premiums will be set by the insurer, or if self- insured by
MOA- Rohnert Park Employees' Association . July 1, 2012 through. June 30, 2013 Page 9
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 per year for the following benefits:
(i) 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) Two thousand dollar ($2,000) maximum benefit for dental services per
person per year.
(vi) Fifty percent (50 %) of the cost of orthodontics with a one thousand five
hundred dollar ($1,500) lifetime maximum benefit per person.
6.10 Vision Coverage
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 Understanding. 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 benefits
summarized above.
6.11 Adoption Benefit
That the City provides a six hundred dollar ($600) per child cash benefit to employees
adopting minor children to help offset the cost of adoptions. This cash benefit does not
include the cost of adopting stepchildren, i.e. children of present spouse.
6.12 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 residual accrued sick leave if the
employee must travel out of the area, i.e. at least two hundred and fifty (250)
miles one way.
(c) Immediate family in this case means: spouse, father, father -in -law, mother,
mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 10
stepchildren), stepparents, aunts, uncles, grandparents, grandparent -in -law,
grandchildren and relationships in loco- parentis and close personal relationships,
with the approval of the City Manager or his /her designee.
6.13 Funeral Expense Benefit
City will provide fifty percent (50 %) co- payment, not to exceed two thousand dollars
($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit
will be considered secondary to and shall be coordinated with any and all other funeral
benefits that may be payable to employee or spouse.
6.14 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 (662/3%) of the employee's monthly base pay with a maximum benefit of five
thousand and thirty three dollars ($5,333). In no event shall the employee receive more
than full salary. The benefits provided under this section are subject to the
characteristics of the individual program. —
(a) The waiting period for the above long -term disability benefits plan shall be
ninety (90) days.
6.15 Life Insurance Coverage
(a) The City will provide, at no premium cost to employees, fifty thousand dollars
($50,000) life insurance coverage provided to employees and one thousand
dollars ($1,000) for dependents, and which coverage includes accidental death
and dismemberment benefits.
(b) The City will allow, subject to the insurance carrier's approval, any employee -to
purchase, at his or her own cost, additional life insurance coverage under the
City's group program.
6.16 Deferred Income Providers
The City will continue to make available to the employees a deferred income program,
now being administered by Nationwide and ICMA or a similar program with another
institution acceptable to City.
6.17 Retired, Deceased and /or Permanently and Totally Disabled Employees
1. Hired Before June 30, 2007
The City agrees to make a medical insurance premium contribution toward the
applicable early retirement premium or Medicare - eligible premium as outlined in
Attachment B, "Retiree Medical Insurance Table," as modified annually to reflect
changes in the premium rates. For employees hired prior to July 1, 1993, City shall
provide an amount equal to 80% of the lowest cost premium for active employees for
either employee -only, or employee plus one dependent enrollments, excluding HSA
muA- Konnert Nark employees' Association . July 1, 2012 through June 30, 2013 Page l l
plans. Retirees may purchase family coverage, but the City's contribution will not
exceed 80% of the lowest -cost employee plus one premium. Calculation of premium
will be prorated for regular, part -time employees. The City's share of the medical
insurance premium costs for all retirement benefits as described herein shall not exceed
the amount described in Attachment B, and shall not include payment of Medicare B
premiums. Coverage will extend to eligible dependents. The City will provide such
contributions only:
(a) 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."
L' 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
ii. Employees must retire concurrent with termination of service with the City to be
eligible for this benefit (no vesting).
(b) To regular full -time or regular part -time employees hired before June 30, 2007 who:
i.
Have at least ten (10) years of continuous service with the City, and;
ii. Are retired forthwith from the City of Rohnert Park service into CalPERS at the
time of permanent or total disability, and;
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.
iv. Said employees shall be referred to as "Retired Employees" except for the
circumstance noted above in which the employee is no longer permanently and
total disabled.
(c) To the surviving spouse, registered domestic partner, and legal dependents of a
regular full -time or regular part -time employee hired-before June 30, 2007 who died
while a City employee after ten (10) or more years of continuous service with the
City. Said employee shall be referred to as a "Deceased Employee."
(d) For eligible "Retired Employees" and the survivors of "Deceased Employees" as
defined in sections 6.17(1) above, the City agrees to provide /offer and pay the
premium(s) as provided for active employees at time of retirement for life
insurance, dental care, and vision care benefits for retired employees and eligible
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 12
dependents. Calculation of premium will be prorated for regular, part -time
employees.
(e) Benefits provided under Section 6.17(1) 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.
(f) All benefits provided under Section 6.17(1) 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.
(g) The benefits provided under Section 6.17(1) will continue for such retired employees
and their spouse, registered domestic partner, and legal dependents, if any, while
said retired employee is alive. In the event of the retired employee's death,
coverage will continue .for the spouse or registered domestic partners until the
spouse or domestic partner dies, remarries, or forms another registered domestic
partnership. In addition, the benefits provided under this section will continue for
said retired or deceased employee's legal dependent children who qualify as an
Internal Revenue Service dependent until said children reach the maximum age limit
specified by state or federal law, or the spouse or registered domestic partner
marries, or forms another registered domestic partnership whichever occurs
earliest.
(h) Continuous City service is defined as being continuous regular full -time or regular
part -time City employment only for calculating length of continuous service under
Section 6.17(1). Part -time (non- benefited) employment and approved unpaid leaves
will not be used in calculating length of continuous service under this section. Any
separation from City employment will void any previous accrual towards length of
continuous service for purposes of this section, unless otherwise waived by the City
Manager and due to extenuating circumstances. Layoffs with subsequent restoration
and approved City paid leaves do not constitute separation from City service (and
therefore will not void any previous accrual towards length of continuous service)
for the purpose of this section.
(i) If any retired employee, after retirement from the City, becomes employed
elsewhere and is covered by medical, life insurance, health, dental or vision care
benefits by his /her new employer, coverage provided by the City to the retired
employee pursuant to Section 6.17(1) will be considered secondary to the coverage
provided by his /her new employer, and his /her new employer's coverage shall be
considered primary.
(j) If any spouse or registered domestic partner of a deceased employee or deceased
retired employee who is receiving benefit coverage as provided under Section
6.17(1), 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.
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 13
2. Hired After June 30, 2007
Regular City employees hired after June 30, 2007 shall be eligible for the benefits
described below in lieu of the benefits described in Sections 6.17(1) above:
(a) The City will contribute $75.00 per month for active employees in paid status to a
Retiree Health Savings Account (RHSA).
(b) 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.
(c) Calculation of contribution will be prorated for regular part -time employees.
6.18 Education and Training Reimbursement
The City will provide an education and training assistance program to provide
reimbursement to employees for tuition and book costs only for attending and
completing, with a satisfactory grade (C or better), courses in the. adult high school
program, at Santa Rosa Junior College, at Sonoma State University or any other
educational institution acceptable to the City. All courses or classes for which
reimbursement will be requested must be previously approved by the Supervisor and
the City Manager prior to the start of said classes and approval requested on the
appropriate City form. The maximum allowed amount reimbursable for tuition is one
thousand dollars ($1,000) per instructional period plus books and materials, with a total
reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year.
6.19 Longevity Pay
For regular employees hired before 10/10/95, the City shall provide longevity pay as
described below based on continuous years of service, Continuous years of service are
defined as being continuous regular full -time or regular part -time. City employment.
Part -time no benefited employment and approved unpaid leaves will not be used in
calculating length of continuous service under this section. Any separation from City
employment will void any previous accrual towards length of continuous service for
purposes of this section, unless otherwise waived by the City Manager and due to
extenuating circumstances. Layoffs with subsequent restoration and approved City paid
leaves do not constitute separation from City service (and therefore will not void any
previous accrual towards length of continuous service) for the purpose of this section.
Completed years Pay Percentage
of Service Increases
5 years 2%
For each completed year thereafter 112%
The maximum longevity pay percentage to be paid shall be ten percent. (10 %) of base
pay. The "completed years of service" will be determined on January 1st and July 1st
only and not on an employee's employment anniversary date. For employees hired
after 10/10/95, the longevity program as outlined above does not apply.
MUA- Konnert hark employees' Association . July 1, 2012 through June 30, 2013 Page 14
6.20 Educational Incentive Pay
For regular employees hired after 10/10/95, who are not eligible for longevity pay as
outlined in Section 6.21, a monthly Educational Pay Stipend of $50 shall be provided for
a Master of Science (MS) or Master of Arts (MA) or other Master degree in any major
course of study, awarded by an accredited college or university. In no event shall an
employee be paid for more than one degree. The Stipend payments are authorized only
for degrees from an accredited college or university, and a copy of the degree must be
provided for validation and approval of payment.
6.21 Retirement Programs
(a) Effective July 1, 2007, the City will provide the California Public Employees' Retirement
System (CaIPERS) two and seven tenths percent (2.7 %) at fifty -five (55) retirement
program to miscellaneous member employees. Effective July 1, 2011 the City will
provide the California Public Employees' Retirement System (CaIPERS) two percent
(2.0 %) at fifty -five (55) program to miscellaneous member employees. Beginning
August 1, 2011, employees shall contribute 100% of the required member contribution.
(b) The City will continue to provide the "one -year highest compensation" optional
provision in its contract with CaIPERS.
(c) The City will modify the CaIPERS Annual Cost -of- Living Allowance Increase (Section
21335) to provide for a 2.0% annual maximum cost -of- living increase for employees
hired after December 31, 2007. Employees hired prior to December 31, 2007 shall be
eligible for the 5.0% annual maximum cost -of- living allowance increase as defined in
Section 21335.
(d) The City makes no representation concerning the value of this benefit or how it may be
taxed or treated by other agencies both presently and in the future. The City's
obligation under this section is limited to the direct cost of providing the benefit as
described. The City shall assume no further or additional financial obligations even if an
outside agency imposes or determines there to be a financial obligation for the City or
the employee.
(e) Benefits provided are subject to CaIPERS regulations and relevant law.
6.22 Dependent Care Assistance Program
City will continue to provide the Dependent Care Assistance Program (DCAP) as
authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars
for childcare as approved by the- Internal Revenue Service (IRS) and the California
Franchise Tax Board.
6.23 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.
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 15
6.24 Hearing Aid Benefit
The City will reimburse employees up to eighty percent (80 %) with a lifetime maximum
of nine hundred dollars ($900.00) for medically required hearing aid devices.
7. Agency Shop and Payroll Deduction
7.1 Agency Shop
The RPEA members have approved agency shop pursuant to California Government
Code 3502.5 (c).
a) It is recognized that RPEA owes the same responsibilities to all employees in the
representation unit, and has a duty to provide fair and equal representation to all
employees in all classes.
b) Pursuant to Government Code Section 3502.5 (c), all current employees in the
representation unit , shall, as a condition of continued employment, and beginning
with the second full pay period after the effective date of this agreement, and until
the termination of the Agreement, either:
i. Become a member of RPEA; or
ii. Execute a written declaration that the employee is a member of a bona fide
religion, body, or sect which holds a conscientious objection to joining or
financially supporting any public employee organization as a condition of
employment; and pay a sum equal to the agency fee described below to a
non- religious, non -labor charitable fund chosen by the employee. The
employee shall furnish written proof to the City and RPEA that this
contribution has been made.
c) The condition of employment specified above shall not apply during periods of
separation from the representation unit by any such employee but shall reapply to
such employee commencing with the first full pay period following the return of the
employee to the representation unit. The term separation includes transfer out of
the unit, layoff, and leaves of absence with a duration of more than two full pay
periods. The condition of employment specified above shall not apply to newly hired
employees until the beginning of the third full pay period of employment.
d) All represented employee members who had Association dues deduction
authorizations on file with the Auditor - Controller or the Association, or who may
thereafter authorize in writing the deduction of their dues, shall remain on payroll
deduction for the term of this Memorandum of Agreement or so long as they are
members of the representative units. Members may terminate payroll deductions of
dues at the expiration of this Memorandum of Agreement by giving written notice to
RPEA during a one -month period between ninety (90) and sixty (60) days prior to the
expiration of the term.
7.2 Listing of Deductions
The RPEA shall provide the City Manager with a listing of deductions to be made from
represented employees. Said listing will remain in force until amended by RPEA in
writing. The Association will give the City at least thirty days advance written notice of
any changes in the amount of dues and agency fees to be deducted these amounts. In
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 16
addition, RPEA shall refund to the City any amounts paid to it in error upon presentation
of supporting evidence. RPEA will hold the City harmless for any liability or errors
resulting from errors on the listing provided by RPEA.
7.3 Hold Harmless
RPEA agrees to indemnify and defend the City, its officers, employees and agents and
hold it harmless against any and all suits, claims, demands and liabilities that shall arise
directly or indirectly out of any action that shall be taken or not taken or on behalf of
the City, its officers, employees and agents for the purpose of complying with the
foregoing sections.
8. Salaries & Miscellaneous Pay
8.1 Salary Adjustments
Salaries will not be subject to a general wage increase during the term of this
Memorandum of Agreement.
8.2 Reduced Work Week
a) 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 July 1, 2012 through June 30, 2013, the
workweek for non - exempt employees shall be modified to 37.5 hours during the week
of July 2 -8, 2012, and 38 hours per week thereafter.
i. 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.
ii. For the purposes of all benefits provided, the above schedule shall be considered
to constitute full -time work.
b) For the period of July 1, 2012 through June 30, 2013, FLSA exempt employees shall have
an unpaid furlough bank of 104.5 hours, representing an approximate annualized wage
reduction of 5.024 %. Exempt employees must take unpaid furlough in full day
increments; and must use, at a minimum, 8.7 hours of furlough leave per month during
the term of this MOA unless they make a different election as set forth in 8.2.c below.
Any unused furlough leave at the expiration of this contract shall be converted to an
equivalent salary reduction in the last pay period of June 2013. Use of the unpaid
furlough bank hours is subject to approval by the employee's supervisor.
C) Upon election in writing provided to payroll by July 3, 2012, exempt employees may
.choose one of the following alternatives to the furlough plan described above:
i. Exempt employees may choose to have their salaries reduced by 5.024% and
they will be credited with a furlough leave bank of 104.5 hours. These furlough
leave hours may be taken as paid leave in any 1 hour increments at the
employee's discretion subject to supervisory approval. Any unused furlough
leave at the expiration of this contract shall be forfeited.
ii. Exempt employees may choose to have their administrative leave reduced from
50 to 30 hours and relinquish their right to cash out 20 hours of administrative
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 17
leave as described in Section 2.4, and they will be credited with a furlough leave
bank of 84.5 hours. These furlough leave hours may be taken as unpaid leave as
described in Section 8.2.b above. Any unused furlough leave at the expiration
of this contract shall be converted to an equivalent salary reduction in the last
pay period of June 2013.
iii. Exempt employees may elect to have their salaries reduced by 4.0625 %, choose
to have their administrative leave reduced from 50 to 30 hours and relinquish
their right to cash out 20 hours of administrative leave as described in Section
2.4, and they will be credited with a furlough leave bank of 84.5 hours. These
furlough leave hours may be taken as paid leave in any 1 hour increments at the
employee's discretion subject to supervisory approval. Any unused furlough
leave at the expiration of this contract shall be forfeited.
8.3 Bilingual Pay
The City and the RPEA have agreed that special compensation shall be given to certain
employees in the RPEA bargaining unit whom possess bilingual skills. That is, when the
City designates a position or person as bilingually proficient, such an employee in the
designation shall first demonstrate a language proficiency of job - related terminology
acceptable to the Supervisor and the City Manager. Thereafter, the employee shall be
entitled to bilingual pay at the rate of $100 per month. Said employee shall be subject to
re- testing. Bilingual designation shall be at the sole discretion of the City.
8.4 Paychecks
City shall distribute paychecks to employees by noon on payday.
8.5 Fiscal /Budgetary Impacts
If the State of California fiscal crisis continues and substantial funds are extracted from
the City or sales tax revenues or other major revenue sources decline to a point where
the City must consider a reduction in staffing, City may re -open this Agreement to
address salary issues.
9. Alcohol and Drugs
The City and RPEA agree to continue to work together to assist any employee who has an
alcohol, or alcohol - related, drug or substance abuse problem. It is mutually acknowledged that
continued cooperative efforts would give employees a much better opportunity to recover
from this very serious problem.
Since certain City employees are required to drive City vehicles, to think clearly and act
responsibly as well as use various types of equipment, and it is known that drinking alcoholic
beverages or taking certain drugs may slow a person's reflexes and ability to think clearly. The
probability of having an accident is increased after drinking alcohol or taking certain drugs. The
City recognizes that this situation could place the employee as well as co- workers and the
public at risk of injury.
VIUA- Konnea rarK LMPioyees' Association . July 1, 2012 through June 30, 2013 Page 18
9.1 Alcoholic Beverages, or Other Drugs
Alcoholic beverages, or other drugs which affect an employee's ability to drive or
function safely, shall not be used by employees during their assigned regular workday,
nor while on assigned standby duty.
9.2 Off Duty Hours
If an employee who has been drinking alcohol or using a drug which may impair the
employee's ability to drive or function safely receives a call to return to work during off
duty hours, the employee must decline the request to work.
9.3 Prescription Drugs
Employees using prescription drugs, which affect the employee's ability to work safely
must inform their supervisor and may be assigned to other appropriate duties or
required to take sick or annual leave.
10. Smoking
The City intends to hire employees with the clearly expressed condition of employment that
they refrain from smoking. The City acknowledges its right. to take appropriate disciplinary
actions should any such employee hired after the effective date of this Agreement violate the
agreed upon conditions of employment. Prior to final disciplinary action being taken, City will
refer the employee to the employee assistance program for consultation and referral.
11. GASB Workgroup
The parties agree to establish 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.
(a) 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 bargaining Unit and up to an
equal number of management representatives.
(b) The workgroup shall begin meeting within 60 days after ratification of this Contract.
(c) The City agrees that the Unit representatives will serve and participate on the
workgroup without loss of compensation.
(d) The City, and the workgroup, will cause a study to be prepared for review by the
workgroup, and the workgroup shall prepare within six (6) months or no later than
February 2012, a report to the City Council identifying possible means to address the
City's GASB liability.
(e) The final report shall not be issued to Council without input from the bargaining unit
participants on the workgroup.
(f) The City agrees to provide administrative services and other resources to support the
workgroup's charge and stated time lines.
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 19
(g) 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.
(h) The parties agree to reopen the agreement to negotiate changes to address the City's
GASB liability 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.
12. Grievance Policy and Procedure
City will comply with the grievance procedure as outlined in Resolution No. 79 -22, adopted
February 13, 1979, a copy of which is attached hereto. Failure to meet any time line or
specifically comply with any other requirement of the grievance procedure constitutes a
specific waiver and is a bar to further consideration of the grievance.
13. Use of City Facilities
Employees and their spouse, domestic partner, and eligible dependents (as defined in IRS Fact
Sheet FS- 2005 -7), will be allowed to participate with no fee imposed in open gym time and use
the weight room and locker room facility at the Sports Center when such facilities.are open and
also participate in the Lap Swim Program conducted at the City's swimming pools. In the event
that the City determines that such use of the Sports Center by spouse, domestic partner, and
dependents of employees adversely impacts the public's access to the Sports Center facilities,
the parties will re -open this Section 13. Other activities requiring payment of a fee can be
discussed with the City Manager for consideration of a waiver of part or the entire fee.
14. Management Rights
Except as limited in this Agreement and applicable State laws, the exclusive rights of the City
shall include, but not be limited to., the right to determine the organization of city government
and the purpose and mission of its departments and agencies, to determine the nature, levels
and mode of delivery and to set standards of service to be offered to the public; and through its
management officials to exercise control and discretion over its organization and operations; to
establish and effect administrative regulations which are consistent with law and the specific
provisions of this Agreement; to direct its employees and establish employee performance
standards and to require compliance therewith; to take disciplinary action; to discharge,
suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise
discipline employees subject to the requirements of applicable laws; to lay off its employees
whenever their positions are abolished, or whenever necessary because of lack of work or lack
of funds, or other legitimate reasons; to determine whether goods or services shall be made,
purchased, or contracted for; to determine the methods, means, and numbers and kinds of
personnel by which the City's services are to be provided; including the right to schedule and
assign work and overtime; and to otherwise act in the interest of efficient service to the City;
and to take all necessary actions to protect the public and carry out its mission in emergencies.
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 20
15. Work Curtailment (No Strike Clause)
Under no circumstances shall any employee individually or collectively cause, sanction, honor
or engage in any strike,. sit -down, stay -in, sick -out, slow -down, speed -up, work to rule or any
other type of job action, curtailment of work, restriction of production or restriction of service
during the.term of this Agreement.
16. Personnel Rules and Regulations
City agrees to meet and confer with RPEA on any updates or changes to the Personnel Rules &
Regulations.
17. Complete Understanding
The terms and conditions contained in this MCA represent the full, complete, and entire
understanding of the parties of matters within the scope of representation. RPEA acknowledges
that certain provisions of this agreement may conflict with resolutions currently in effect
regarding employee working conditions or benefits. The provisions of this agreement supersede
any previous resolutions or agreements that may be in conflict with provisions of this
agreement as of the effective date of this agreement. During the term of this MCA, any side
letter between the parties is required to be signed by an authorized representative of RPEA and
the City Manager or his or her designee.
18. Term of Agreement
18.1 Effective Date
This Agreement is to become effective on July 1, 2012.
18.2 Termination Date
This Agreement will terminate on June 30, 2013.
19. Succeeding Agreement
Negotiations for the period commencing July 1, 2013 shall begin on or before February 1, 2013,
by which time RPEA shall submit its proposals to the City Manager. Said submittal shall include
an estimated percentage decrease or increase in the cost of same compared to the provisions
of this Agreement. City shall, if requested, assist RPEA in a reasonable manner in providing
information to determine the percentage increase.
19.1 Suspension of Agreement
If during the term of this Agreement, any item or portion thereof of this Agreement is
held to be invalid by operation of any applicable law, rule, regulation, or order issued by
governmental authority or tribunal of competent jurisdiction, or if compliance with or
enforcement of the item or portion thereof shall be restrained by any tribunal, such
provision of this Agreement shall be immediately suspended and be of no effect
hereunder so long as such law, rule, regulation, or order shall remain in effect. Such
invalidation of a part or portion of this Agreement shall not invalidate any remaining
portion, which shall continue in full force and effect.
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 21
19.2 Replacement
In the event of suspension or invalidation of any article or section of this Agreement,
City agrees, that except in an emergency situation, to arrive at a satisfactory
replacement for such article or section.
20. Non - Discrimination
City acknowledges that in receiving the benefits afforded by this Agreement, no person shall in
any way be favored or discriminated against to the extent prohibited by law.
21. Personnel Files
An employees or his /her duly authorized representative has the right to inspect his or her
personnel file maintained by the City. Employees have the right to respond in writing to
anything contained or placed in their personnel file and any such responses shall become part
of the personnel file.
22. Employee Performance Evaluations - Employee Response
Employees have the right to respond in writing to the evaluation report should they so desire.
Said responses should be submitted to the reviewer no later than thirty (30) days.
23. RPEA Officers
The City agrees to authorize RPEA Officers up to forty (40) hours of paid leave per fiscal year to
be used only for Association business. The forty (40) hours of leave is the total amount in
aggregate and may be distributed among RPEA Officers. Officers shall notify and secure
permission from their supervisor for such leave.
CITY OF ROHNERT PARK
Gabriel A. Gonzalez, City Manager DATE
ROHNERT PARK EMPLOYEES' ASSOCIATION
Angie Smith, Board Official
Dawn Cerini, Board Official
DATE
DATE
Dennis Wallach, RPEA Representative DATE
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 22
By:
Jake Mackenzie, Mayor
Resolution Number:
Attest:
JoAnne Currie, City Clerk
Approved As To Form:
Michelle Marchetta Kenyon, City Attorney
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 23
Incorporated by Reference. The following are incorporated in this agreement by reference:
• Listing of RPEA job classes (Attachment "A ")
• Retiree Medical Insurance Table (Attachment "B ")
• City Council Resolution No. 79 -22, adopted February 13, 1979 -Grievance Policy and Procedure.
• City Council Resolution No. 80 -140, adopted August 11, 1980 - Regular PIT Employees' Fringe
Benefits.
• City 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 -
MUA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 24
ATTACHMENT A
Alphabetical List of RPEA Job Titles
May 10, 2012
ACTIVE
Accounting Specialist I
Accounting Specialist II
Accounting Technician
Administrative Analyst*
Administrative Assistant
Animal Health Technician
Animal Shelter Supervisor
Community Development Assistant
Community Services Manager*
Community Services Program Coordinator
Community Services Specialist
Community Services Supervisor
Customer Service Representative
Deputy Chief Building Official
Information Systems Operations Mgr.*
Information Systems Technician I*
Information Systems Technician II*
Management Analyst*
Office Assistant l
Office Assistant II
Public Safety Records Clerk
Public Works Inspector
Purchasing Agent
Records Supervisor*
Senior Engineering Technician
Technical Director
Theatre Manager*
Utility Billing and Revenue Supervisor*
*FLSA exempt job class.
INACTIVE
Accountant /Auditor
Assistant Civil Engineer
Associate Planner
Building Inspector
Building Official
Civil Engineer
Engineering Technician I
Engineering Technician 11
Evidence Specialist
Housing & Redevelopment Assistant
Housing & Redevelopment Manager*
Housing & Redevel. Project Manager
Housing Services Assistant
Performing Arts Specialist
Project Manager
Property Technician
Purchasing Specialist
Secretary I
Secretary II
Senior Account Clerk Utilities
Utility Service Specialist
Youth Services Specialist
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 25
ATTACHMENT B: Retiree Medical Insurance Table
PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/12 THROUGH 6/30113
EMPLOYEES HIRED PRIOR TQ JULY 1, 1993 who' retire Fetween 7/1/12 and 6/30/13;
City contribution
City
Ongoing Ongoing
formula at time of
monthly City monthly City
retirement is:
Lowest employee-
Lowest employee +1
contribution to contribution to
retiree premium:
80% of the lowest
only premium cost at
premium cost at
retiree premium:
Enroll retiree Enroll retiree +
cost premium.
time of retirement
time of retirement
only. I eligible others.
89
80%
$512.43
$1,0214.86
% of City
time of
Lowest
employee +1
5
x
:EMPLOYE E
S H1REp between JULY 1, 1993 and:June 302007 :who retire etiwperir7 /1 /.� �,n„:� 91z2Al o
...
--ii—y— Jul vlvurs only.
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 `
Page 26
City
contribution
formula at
Lowest
% of City
time of
Lowest
employee +1
Ongoing monthly
Ongoing monthly
City contribution
contribution
retirement:
employee -only
premium
City contribution
to retiree
Years
based on
80% of the
premium cost
cost at
to retiree
of
Years of
lowest cost
at time of
time of
premium:
Service
Service
premium
retirement
retirement
premium:
Enroll retiree only
Enroll retiree +
eligible others
15
ki
8p /o
$512.43
20
°l0
24,99
= 75
80%
$512.43
$1;024:86
( 46
25 +,
100%
80% ,�
$512.43
$1,024.86'
...
$819r8 .
*10 -19.99
years of service
for permanently
and tntally dicnhio4
--ii—y— Jul vlvurs only.
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 `
Page 26
INDEX
A
Administrative Leave - Exempt Employees 5
Adoption Benefit • 11
Agency Shop and Payroll Deduction • 16
Alcohol Off -Duty Hours - 19
Alcoholic Beverages and Other Drugs - 19
Alphabetical List of RPEA Job Titles - 26
Alternate Benefit • 10
Americans with Disabilities Act • 9
Annual Leave Program - 6
Bereavement Leave - 11
Bilingual Pay - 19
C
California Family Rights Act • 8
Call Back Overtime 4
Catastrophic Leave 8
D
Deferred Income. Providers • 12
Dental Coverage - 10
Dependent Care Assistance Program • 16
Disability Wage Program • See Annual Leave Program
E
Education and Training Reimbursement • 14
Educational Incentive Pay • 15
Employee Performance Evaluations
Employee Response • 23
F
Family Medical Leave Act • 8
FLSA exempt job class • 26
Fringe Benefit Programs - 7
Funeral Expense Benefit • 11
G
GASB Workgroup - 20
Grievance Policy and Procedure - 21
H
Health Care Tax -Free Dollar Account Program • 16
Health Insurance • 9
Hearing Aid Benefit • 16
Holidays - 5
Observed Holidays • 5
Holidays for Regular Part -time Employees - 6
Hours of Work - 4
L
Life Insurance Coverage • 11
Light or Limited. Duty • 9
Longevity Pay • 14
Long -Term Disability Insurance - 11
M
Management Rights 21
Maximum Compensatory Time • 4
Military Leave • 7
Modified duty • See light or limited duty
N
Non - Discrimination • 23
O
Observed Holidays - 5
Overtime Compensation Rate • 4
Overtime /Compensatory Time - 4
P
Paychecks -19
Payment to Beneficiary • 9
Personnel Files - 23
Personnel Rules and Regulations - 21
Prescription Drugs • 19
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 27
0
Reduced Work Week - 18
Regular Part -time Employees
Holidays - 6
Regular Workday for Employees • 4
Regular Workweek for Employees - 4
Retiree Health Savings Account (RHSA). • 14
Retiree medical insurance • 12
Retiree Medical Insurance Table • 27
Retirement Programs 15
RPEA Officers - Leave 23
S
Salaries & Miscellaneous Pay - 18
Fiscal /Budgetary Impacts • 19
Short -term disability insurance • 7
Sick Leave • See Annual Leave Program
Smoking • 20
Sports Center - See Use of City Facilities
Succeeding Agreement • 22
Suspension of Agreement - 22
Swimming pools - See Use of City Facilities
T
Term of Agreement - 22
Effective Date - 22
Termination Date - 22
U
Unfunded liability for benefits - See GASB Workgroup
Unpaid furlough, FLSA exempt employees - 18
Use of City Facilities - 21
V
Vacation leave - See Annual Leave Program
Vision Coverage • 10
MOA- Rohnert Park Employees' Association . July 1, 2012 through June 30, 2013 Page 28
City of
ROHNERT
EMPLOYEE GRIEVANCE PROCEDURE
RESOLUTION NO. 79 -22
TABLE OF CONTENTS
ARTICLE 1- GENERAL PROVISIONS
............................................................... ..............................3
SECTION 1
STATEMENT OF PURPOSE
SECTION 2
3
DEFINITIONS
SECTION3
..................... ............................... 3
SCOPE
..................................... ............................. .. 3
... ........... .... ................
ARTICLE II -
INFORMAL GRIEVANCE PROCEDURE
..............................
.SECTION 4
GENERAL
SECTION 5
....... ................. .............. 4
.................
STEP ONE — IMMEDIATE SUPERVISOR
............................................. ................ ............... 4
ARTICLE III - FORMAL GRIEVANCE PROCEDURE
..................................... ..............................5
SECTION 6
GENERAL
SECTION 7
5
STEP Two — INTERMEDIATE SUPERVISOR
SECTION 8
........................ ............................... 5
STEP THREE — DEPARTMENT HEAD
SECTION 9
.................................... .. .............. .... ........... 5
..........
STEP FOUR — CITY MANAGER
SECTION 10
5
STEP FIVE — GRIEVANCE APPEALS COMMITTEE
.............................. ....................... ........ 5
ARTICLE IV - RULES OF PROCEDURE ....................:.
, _ 6
SECTION I 1
COMBINING GRIEVANCES
SECTION 12
............ ............................... 6
WAIVING LEVELS OF REVIEW
SECTION 13
. ............................... 6
. .......................... ...............................
TIME LIMITATIONS
SECTION 14
..........................
TIME OFF
SECTION 15
............... ............................... 6
PRIVACY
............................................. ............................... 7
ARTICLE V -
GRIEVANCE APPEALS COMMITTEE
.................................... ..............................7
SECTION 16
COMPOSITION AND SELECTION
SECTION 17
.............. ............................... 7
ALTERNATE MEMBERS
SECTION 18
............. ............................... 7
COMMITTEE PROCEDURE
................................................................. ............................... 7
ARTICLE VI
- MISCELLANEOUS PROVISIONS
........................................... ............................... 7
SECTION19
CONSTRUCTION
SECTION 20
............................................................................... ............................... 7
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
ARTICLE III — FORMAL GRIEVANCE PROCEDURE
SECTION 6 GENERAL
a. All the formal grievances shall be in writing. A supply of grievance forms shall
be maintained in each department and shall be readily accessible to all
employees and recognized employee organizations.
b. Each level of management upon receipt of a formal grievance shall notify the
recognized employee organization (if any) which represents the employees of
the unit from which the grievance originates 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
RESOLUTION NO. 80 -140
RESOLUTION OF THE COUNCIL OF.THE CITY OF
ROHNERT PARK.OUTLINING POLICY FOR PROVISION OF FRINGE
BENEFITS TO PERMANENT PART -TIME EMPLOYEES
s% WHEREAS, the Council finds and determines that it is appropriate to extend
fain fringe benefits to permanent part-time employees who are employed on a
round basis, and
WHEREAS, the Council differentiates between permanent part -time employees
Work year round and seasonal part -time employees who are employed for six
months or less, and
WHEREAS, the Council recognizes the city's obligation as a responsible employer
,rovide the fringe benefits on a pro-rata basis to permanent part =time employees
work year round.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park
tt effective immediately the City Manager be and is hereby authorized to extend
permanent part -time employees who work year round certain fringe benefits subject
the following:
1. Enrollment in the Public Employees' Retirement System (P.E.R.S.)
2. Vacation on a pro-rata basis.
3. Sick leave on a pro-rata basis.
4. Holiday pay on a pro-rata basis.
5. Vision care on a pro-rata basis.
6. Residency bonus on a pro -rata basis.
7. Non- smoking premium on a pro -rata basis.
8. Salary continuation- Standard Life Insurance Company -cn a pro-rata basis.
9. Life insurance - Standard Life Insurance Company -on a pro -rata basis.
10. Health and medical coverage and life insurance- REMIF -on a pro -rata basis.
11. Dental care benefits on a pro-rata basis.
12. Pro-rata basis will be determinex by the amount of time that the employee
regularly works. Pro-ration shall be done on a one -half or three - fourths
basis only with permanent part -time employees having to put in at least
20 hours weekly minimum on a regular basis to get the half -time contribution
towards fringe benefits and employee having to put in at least 30 hours
weekly on a regular basis to qualify for the three - fourths city contribution
towards fringe benefits.
Permanent part-time employees working regularly less than one -half time,
that is less than 20 hours per week, shall not be entitled to fringe
benefits.
13. For items 8 through 11 above, pro-rata basis means the city will contribute
towards the premium cost for these fringe benefits on a ratio basis
determined by the amount of time the employee regularly works as set
forth above. For example, for a one -half time employee (20 hours a
week) the city will contribute 500 of the premium payment for fringe
benefits items 8 through 11.
Employee enrollment in any or all of said health fringe benefits (items
8 through 11) will be at the employee's option. At the employee's discretion:
the city's aggregate dollar contribution for said fringe benefits may
be applied towards the cost of any of the fringe benefits rather than
all of them. For example, an employee can opt to forego the dental,
life and salary continuation coverage fringe benefits and have the city's
contribution applied toward the health and medical coverage, thus reducing
the part -time employee's required dollar contribution to same. Any
excess unused city's dollar contribution will remain the city's. Employee
health and medical and dental coverage premiums will be calculated based
on the number of employee's depeAL gnts covered.
BE IT FURTHER RESOLVED that the C gf, f not ffirms the ci ty P oli cY
extending fringe benefits to season
for who are employed
for six (6) months or less. s
DULY AND REGULARLY ADOPTED thi .1}tA day(o��,'-'A_ us t, 1980.
AYES: (3) Carbone, Caval].i B Robert . - ROHN �
NOES: (0) None
ABSENT: I(2 Hopkins E tewart � Mayor _o- Tempore
ATTEST-, u_ a_2D �putV City C1e'' (/
' AEI
RESOLUTION NO. 2007-178
RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
RESCINDING RESOLUTION NO. 96-203 AND ESTABLISHING AN
ALTERNATE BENEFIT PROGRAM FOR ELIGIBLE ACTIVE EMPLOYEES
WHEREAS, the City provides health insurance for eligible, active employees
and contributes towards medical insurance premiums for health insurance; and
WHEREAS, some eligible, active employees have health insurance coverage
from a source other than the City, resulting in dual coverage; and
WHEREAS, the City Council adopted Resolution No. 96 -203, establishing a dual
health insurance premium reimbursement program policy for employees who have health
insurance from a source other than the City; and
WHEREAS, the City wishes to continue providing an alternate benefit program
to eligible, active employees who have health insurance from a source other than the City
to benefit both the employees and the City; and
WHEREAS, the City and representatives of its employee groups have
determined to define the amount of the alternate benefit within memoranda of agreement.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 96 -203 is
rescinded.
BE IT FURTHER RESOLVED that
1) the alternate benefit amount shall be established in memoranda of
agreement or outlines of certain conditions of employment that govern
employees' compensation and benefits.
2) the alternate benefit amount is not salary or compensation and the benefit
may only be directed into an employee's deferred compensation account,
toward Ca1PERS service credit, or for the purchase of supplemental life
insurance and/or any other eligible benefit program approved and
authorized by the City.
3) the City and eligible, active employees are subject to all applicable laws,
rules and contracts of third parties such as the IRS, CalPERS, and health
insurance providers. Eligibility and continuation of the Alternate Benefit
Program is subject to compliance with applicable laws, rules and
contracts.
BE IT FURTHER RESOLVED that the City hereby establishes this alternate
benefit program effective December 1, 2007 and the City Manager is authorized to
administer said program.
DULY AND REGULARLY ADOPTED this 23`d day of October, 2007.
CITY OF ROHNERT PARK
Mayor
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
RESOLUTION NO. 2001 -_27o
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE,
ACTIVE EMPLOYEES
WHEREAS, the City has established a system and pool whereby employees of
the City of Rohnert Park may donate and use vacation hours to alleviate financial
hardship in catastrophic circumstances; and
WHEREAS, the City wishes to expand the program to include the donation of
compensatory hours; and
WHEREAS, the City agreed in the meet and confer process with employee
groups to establish a Catastrophic Leave Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Rohnert Park hereby adopts'and approves "Exhibit A" hereby attached as it's Amended
Catastrophic Leave Program for eligible active employees.
BE IT FURTHER RESOLVED that the City hereby establishes this Amended
Catastrophic Leave Program and that the City Manager is authorized to administer said
program.
DULY AND REGULARLY ADOPTED this 11th day of December, 2001.
CITY OF ROHNERT PARK
GI't°Y /i1/iavnr 7`
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 Manager's
Administrative Policy No. 1; and
WHEREAS, the City Council approved revisions to the Personnel Rules and
Regulations on April 25,1983; and
WHEREAS, the City Council approved further revisions to the Personnel Rules
and Regulations on November 12, 1991, and
WHEREAS, the existing Personnel Rules and Regulations require updating to
be in compliance with current state and federal 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 9`r' day of Novemb r, 2004.
ATTEST:
CITY OF R HNERT P
Deputy City Clerk
F LORM AYE MACXFNZ1L: ABSENT SPRADLIM AYF
VIDAK- X4AR77NRZ: AYF NORDIN: AYF
AYFS: (4) NOFS: (0) ABSENT-.0) AIISTAIN: (p)
1-11y OF R01 1N[ R'l PARK
Personnel Ruic;: and Regulations
1(9--))
62
CITY MANAGER'S
ADMINISTRATIVE POLICY NO. 1:
PERSONNEL RULES AND REGULATIONS
NOVEMBER 9, 2004
CITY OF R01INERI PARK Page � of 39
Personae! F2u1es and Regulations
CITY Of ROHNERI PARK
Personnel Rules and Requ4ilions
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
GLOS3APY — DEFINITION OF TERMS_
______________ ___________ _ _ _ ___ ............PAGES
36 — 39
RESOLUTIONS EFFECTING PERSONNEL POLICIES
RESO 79 -22 — EMPLOYEE GRIEVANCE PROCEDURE
RESO 92.78 - EQUAL OPPORTUNITY EMPLOYER
RESO 92 -79 — POLICY AGAINST DISCRIMINATION BASED ON DISABILITY — ADA
RESO 93 -38 — AGAINST HARASSMENT
RESO 99 -01 - ELECTRONIC MEDIA USE
RE SO 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 ROIINERT PARK Pacle 2 of 39
Personnel Rules and Regulations
CITYC)I ROIINERi PAI21(
,'Personnel Rules and Regulation
SECTION 1 - INTRODUCTION
A. f?urpose The City Marr,,der, a, I'ersomcrl Officer for the City or his/her designee, is charged with the
responsibility of the City's personnel prirtic:es_ In order to establish an equitable and uniform procedure for
dealing with personnel matters and to attract to municipal service the best and most competent persons
available, to assure that appointment and promotions of persons will be based on merit and fitness and to
Provide a reasonable degree of security for qualified e
established. mplvyees, the ivllowing rules and rec}utalivns are
B. Coverage - These rules and regulations apply to all offices, all regular full -time ernplvyees, regular part
I'm(-' employees, and r;ll positions and employments in the service of the City, except;
1. Elective officers in the performance of iheir elective duties and Members of appointed boards,
commissions and cornrnittees.
2- Persons engaged under contract to supply c?xpef1, professional, technical or other services.
3. Volunteer personnel, such as volunteer auxiliary firefighters and public safety reserve officers-
4- City Manager and City Attorney.
5. Probationary employees, except as expressly provided herein.
6. Limited Service Personnel (i.e. temporary or seasonal employees employed by the City not more than
six (6) months during the fiscal year for special purposes).
7. Part -time employees paid by the hour or clay who do not meet tl,e definition of regular part -lime
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 done an outstanding job and suggest ways in which job performance can be enhanced.
3. All regular appointments in 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 (1£3) months for dispatch employees, and not less than eighteen
(18) months for Public Safety 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 supervisors (includes management
classificalions).
I. Employees must be physically and mentally able to perform the essential functions of the job, with or
wilhout reasonable accommodation.
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5. The City reserves the right to amend these rules and agrees to meet and confer will) representatives
of recognized employee organizations on those changes that are within the scope of representation.
G. 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 sel forth in the 31t3ched Glossary and are hereby
incorporated by reference.
D. Qargaining Units - If any outline of conditions of employment or rnemor3ndurrr 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 fit(
maintained under the individual's name by his or her employing agency containing records relating to
personal data, including marital status, family members, educational and employment history, or similar
information, medical history, election of employee benefits, and employment advancement, appraisal, or
discipline.
The City maintains personnel files for all employees which contain all records, files and documentation
used to determine the employee's qualifications, performance, promotion, additional compensation, or
termination or other disciplinary action_
a. Each employee 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 taw (e.g. the California Confidentiality of Medical Information Act and the federal
Health Insurance Portability and Accountability Act ( "HIPAA"). City personnel have access to
confidential medical fifes only on a "need to know" basis for legitimate business reasons.
3. All inquiries front 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
Yuman 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.
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Personnel Rates ..and 12ftc1ulaSivr)s
Any ernployee wllo wishres to review his or iler personnel records Should cor)tact the #ic)rnan
Resources t ?epartm <>n1 and Set Up an appointment at a mutu<.;lly agreed upon lime. The review must
be done in the presence of the t luman Resources Assisi,- or his / #ter designee al t)x> location where
tae file is stored arxf at no IUSS of COrnpen sation to file employee. An employee may request a copy of
any errrploynlenl- rebated docr„nent that he /site has signed. 'ibis st)bsec #ion does not apply to those
employees covered by the Public Safety Officers' Procedural Bill of Rights
et sLeq. ) (Government Code §3300
ra, An employee is not entitled to inspect records set forth in Labor Code section 119)&. (d) as it may,
from time to time, be amended. Impact records relating to lhLe in of a criminal offense
or letters of reference.
b. An employee is not entitled to inspect complaints, or investigation of complaints, concerning an
evens or transaction in which the employee was involved or participated to the exter-11 Ihat the
disclosure of such information would constitute an unwarranted invasion of personal privacy.
S. Employees llave the right to respond in writing to any evaluation report Placed in their int ersonnel file.
Such responses must be submitted within thirty (30) calendar days of the evaluation pview and will
be included in the personnel file evaluation
F, iJestruction of Records - 'file employee personnel records are considered a permanent record and all
Personnel file documents are retained by the City for the duration of th
and for any subsequent period required by law. e employee's period of employment
a. "i'lle records of former employees are retained
Resolution 90 -'161. in accordance with the schedule established in
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 -
1. 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 -
2. Specification of classes. A class may. include more than one position. Each class will have a
specification, which 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 Cify Council the creation of new classes and the abolition of
existing classes. The Personnel Officer shalt 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
mater - sally, provided the reclassification can be accomplished within budget limitations. The
Personnel Officer has the discretion to determine when the duties have materially changed which
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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 request of reclassification to ttre Human Resources
Department.
ii. Within fifteen (15) working days, the Human Resources Departrnc:nt makes an initial
determination whether the employee's ongoing job duties and responsibilities warrant a
position reclassification. Once completed, tare Human Resources Department forwards its
recornmendations to the Personnel Officer.
iii. Within fifteen (15) working days the Personnel Officer affirrrrs or modifies [lie Human
Resource Department's recommendations. As a general guideline, She 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 not be used to circumvent the rules and regulations concerning
demotion, promotion or compensation.
B. Salary Ranges Plans and Compensation -
I. 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, all employees'
salaries in the class will be adjusted to the corresponding step in the new range.
3. Transfer to another class. An employee whose position is moved from one class to another class
that has the same salary range. does not receive a change in salary. When an employee is.moved
from one class to a class with a higher maximum salary, the employee's salary in the higher class will
be the minimum salary for that class, unless that minimum is 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
employees is the date of promotion or in six (6) months if the employee in placed at Step A.
4. Demotions. When an employee is demoted, (moved from one class io 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 elate 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.
5. Reclassifications. An employee whose position is reclassified from one class to a class with a lower
maximum salary retains his /her original anniversary date. A reclassified employee retains the salary
of the higher class if the . employee's salary at the time of reclassification does not exceed the
maximum salary for positions of the lower class. If that salary does exceed that maximum, the
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employee will continua: to receive his/her present salary until such time as the maximurn salary for the
class exceeds his/her rate of pay.
C. Employee Performance Review and /or Evaluation - The performance (:valuation process is inlende(1 to
improve productivity an(J foster communication between supervisors and employees. Evaluations slrouki be
corr<Juctecl at least annually in accordance with the schedule; set forth for that employee's job classification
and should be based upon posilion- specific performance elements and work standards. ']'lie evaluation
must in(Jicale clearly whether overall performance is superior, satisfactory, or substandard. The review
process must provide for employee feedback and face -to -face communication. J'lesults of the performance
review will be utilized to determine employee's draining 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 periormance is
satisfactory will be eligible for advancement to the next higher step (not to exceed the maxirrrurn) of
the salary range. Employees who receive a less than satisfactory rating may not be eligible for a
salary advancement on their anniversary date.
2. Employee review and response. Employee will be provide(! 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 th e
e reviewer no later than thirty (30) days after the valuation 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 the employee's
Official personnel file kept in the Human Resource Department.
D- PaY Period - The pay period for all employees is bi- monthly on the 15th and the last (Jay of the month.
When the 15 "' or the last day of (lie month falls on a weekend or holida
Prior Friday. All paychecks are to be distributed to the de Y. paychecks will pl available the
departments and
on the 151" or the last day of the month. delivered to the employee by noon
Time cards. All employees are required to keep a timecard and accurately record all hours worked.
a. Full -time employees. Regular full -time employees will be paid for file 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 5r' and 201" of the month and will be paid the
following payday for the time submitted.
2_. Direct deposit. Any employee wishing to have their paycheck directly deposited
contacting the Finance Department and filling out the required documents. may do so by
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E. Overtime - Overtime hours must be approved in advance by the employee's direct supervisor or
Department Head. Overtime is to be kept to a minimum' consistent with maintenance of essential City
services. All non - exempt employees will be paid overtime as required by applicable law and in accordance
with any provisions in applicable memoranda of agreement.
F. Compensatory Time Off - Subject to applicable memorancfum(s) 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 off is subject to the
accrual cap in the relevant memorandum of agreement.
7_ 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 deparlrnenl 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 -fieu 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
oulslanding approved and accrued compensatory time and /or administrative leave.
6. Use of CTO. Employees who wish to use CTO must obtain prior authorization of their Supervisor or
Department Head. The City's policy is to permit the use of CTO within a reasonable period after the
request for use is made. Use of CTO on the specific dates requested by an employee will be
permitted as much as reasonably, practicable taking into account the operational needs of the
department. To facilitate scheduling, employees are encouraged to provide as much advance notice
as possible of the dates they desire to use CTO.
SECTION 3 - BENEFITS
A. Holidays -
Scheduled holidays. The City Council establishes the holidays to be observed by the City for each
calendar year, subject to modification by any applicable MOA_ Generally, the City observes as
holidays those days proclaimed by the President of the United States, the Governor of the State of
California, and /or the Mayor of the City of Rohnert Park to be public holidays. Additionally, the City
usually observes any day declared by the Governor to be a day of mourning or special observance for
State employees.
2- Weekend holidays. Generally, when a holiday falls on a Saturday, it 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 (fay off, the applicable memorandum of
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agreement will determine whether the employee is pai() holiday pay or qiv( >n comperrsalory. time off. If
any outline of conditions of employment or memorandum of agreement Conflicts with for subsection,
the provision of the conditions of erployment or rnernornndt.rm of aore-ernenl will prevail.
3. Holiday pay, fZegular lull -time and regular part - tulle employees are entitled to receive time off with
Pay at (heir regular rate: of pay for the holiday. f2egutar part -time employees receive either ; >(}% or
75 %, of the Jioiiday pay as determined by the number of hours per week the (:mploy( =e is normally
scheduled to work. An employee who resigns may not select a holklny as the ( >mf�loyee's Iasi day of
employment.
4. Required work on holiday. An employee whose job perform<3nce is es; >errtial to maintain public
services may be required to work on a holiday. In s(x :fr cases, tfre applicable MOA will specify the pay
and /or benefits received for the work performe(I on holidays.
B. Vacation -
Vacation policy. All regular full -time and regular part -time employees are entitled to vacalion time off
work with pay. Eligible regular part -time employees acc:r(re vacation at file rate of `,iO %, or 75% of the
allotment established for full -time employees as determined by the number of hours the part -time
employee is regularly scheduled .to work. Eligible employees will accru(> vacation from the date -of -hire
but may not lake 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 requesl a scheduled
vacation. This vacation policy is subject fo modification througlz an applicable MOA for represented
employees.
2- Vacation accrual. Vacation accrues for regular full -time employees a(:cording to the following
schedules established in the applicable MOA's or Outline of Benefits 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. Wl (en the employee uses Paid vacation lime and brings
dhe available amount below the cap, vacatior 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. Tile Personnel Officer may, in his or her sole discretion, grant such requests from time to lime-
4. Vacation at termination- Upon termination, an employee shall receive a lump 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 the 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 arc not paid
to employees 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 holiday
occurs on a day on which an employee is taking vacation, such employee shall not be charg
using vacation for that day. The employee's ed as compensation for Ihat day shat! be holid r ,
he /she shall 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 vacalion time and not sick Sme.
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 vacalion after ninety (90) calendar days.
C. Sick Leave -
Eligibility. Regular full -time an(1 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 con(Irtrons of employment,
benefits and salary a(ijuslments.
2. Accrual. Sick leave shall be accrued in accordance will) the applicable MOAS or Outline of Benefits
for file 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.lhe 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 taker) 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 shalt not engage in work or other activities
at any time that would be in conflict wilt, the inability to report for work and to perform the duties
assigned. If an employee violates this policy, appropriate disciplinary action will be taken.
4. Sick leave accrual during leave of absence. Employees who are off work on a paid leave shall
continue to accrue sick leave during the 'leave period. Employees who are off work on an unpaid
leave shall no longer accrue sick leave after ninety (90) calendar days.
5. Accumulation. Accrued sick leave may be accumulated to the limits described in the applicable
Memorandum of Agreement.
6. Sick leave and Workers' Compensation disability payments. An employee rec eiving 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 shalt be paid
(out of his or her sick leave balance) file 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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6- Bereavement a_ vement Leave -
1, In the case of death within the immediate family of an employee, the enrf;ioyee shall be entitled to
three (3) days of paid leave. An additional two (2) (lays of sick or vacation leave may be taken upon
approval of the erYip)oyee :s supervisor if the employee must travel out of the area {at IcaSl 2;i0 miles
one way) -
2. immediate family in Ibis case means: spouse, domestic partner, f� }ther, lather in -ta;w, mother,
brother, brother -in -law, sister, sister -in -law, child (including stepchildren), stepparents,
aunts, uncles, grandparents, grandparent -in -law, grandchildren and relationships in IOCO- parentis and
close personal relationships, will, the approval of the City Manager or his/her designee.
The employee's supervisor may require proof of (featly of
taking bereavement leave. the Person(s) for wllorrr the employee is
E. Military Leave -
1. Eligibility. The City grants military leave to all employees for service in the uniformed services in
accordance with federal and state law.
— 2. Notice. The employee must notify his /tier supervisor of upcorning military dirty 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 10 active duty as a result of a declaration of
emergency, war, or as necessary for homeland 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 noftilni City salary. Ail 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.
a. Health insurance. All health insurance benefits will remain in place white 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 if the employee were not on a leave of absence. The 12 workweeks would be
calculated based on the beginning of non -pay status. Thereafter, the employee has the option to
continue 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 City's 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 CaIPERS. Additionally, employees returning from military leave are
entitled to pension benefits that accrued during military service and to any CaiPERS contributions
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that would have been made if the employee had riot been absent due- to military leave is not consioefe:d a break in service for purposes of pension benefits.'
c_ Vacation benefits. Vacation benefits continue to accrue during paid military leave. Employees
returning from military leave are entitled to begin accruing vacation at the rate the employee
would have attained it the employed had not taken military leave.
d. Seniority. Employees returning frorn military leave are entitled to the seniority and other rights
and benefits determined by seniority that they would have attained will) reasonable certainty had
the employee not taken a mifilary leave.
5. Reinstatement. Employees will be reinstated in accordance will) all applicable taws. Upon
completion of niililary leave!, the employee is required to furnish the Human Resources Department a
COPY of his /her military sep;lraiion document. Reinstatement will not be denied or delayed if the
information doers not yet exist or is not readily available, however, the employee is required to provide
the information as soon as it is available. Reinstatement will be denied only when legally permissible.
Federal law provides for the following reinstatement period:
a. For military leave of less than 31 days, the employee must report for reemployment at the
beginning of the first regularly scheduled workday that would tall eight hours after he or she
returns home, unless reporting within such time frame is impossible and then the employee must
report as soon as possible.
b. For military leave of more than 30 days but less than 181 days, the employee must report for
reemployment within 14 calendar days following completion of service, unless reporting within
such time frame is impossible arid then the employee must report as soon as possible_
c. For military leave greater than 181 days, the employee must apply for reemployment within 90
days of completion of the service.
F. Family And Medical Leave -
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 at least 1250 hours during the 12-month period immediately preceding the leave_
FML may be granted for the following reasons: (1) the birth of a child to an employee or placement of
a child with an employee in connection with the adoption or foster care; (2) to care for a child, parent,
spouse or domestic partner who has a serious health condition; or (3) for the employee's own serious
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 114 of an hour and up to several weeks. - The City may require an employee
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who is on a reduced work schedule or intermittent le.IvC to temporarily transfer to an allefnatnv('
position, with the same pay Find benefits, if tyre alternative position better accommodates the required
work schedule thara the employee's usual position.
4. Notice of leave. Art employee must provide at leasl Ifrirty (30) clays advance written notice of the
need for FrAL whenever possible- If thirty (30) days notice is not possible, the ernployee must give
notice as soon as possible. If the employee fails to give thirty (30) days advr3nce notice for
foreseeable events willrouf any reasonable excuse for the delay, the City reserves the right to
postpone the leave until at least thirty (30) drys after the written notice was received.
5. Statement of health care provider. When the leave is for a serious hea111r concfilion, a health care
Provider must provide written certification to support the request for leave. The statement for an
employees serious hea1Ua condition shall specify the cornrnencernent date of the event which prevents
the employee from performing the functions of his /her position, the anticipated duration of the leave,
and a statement Ihat the employee is unable to perform the essential functions of his or her position.
'f he statement for the employee to attend to a family member shall st,)Ie the (late of commencement of
the serious h(: allh 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, tlae 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 from the first opinion, the City 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-
s new Statement from a health care provider may be required if the employee requests an extension
to the leave requested in the original statement.
The City does not require the certilicaliorr disclose the. under lying diagnosis without consent from the
employee.
6. Pay during leave. FML is unpaid except to the extent the employee elects to substitute accrued paid
leave time. An employee may use accrued sick leave when file FML is for the employee's 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 maximurn leave time.
7. Insurance benefit premiums (luring FML. An employee is eligible for the same insurance benefits
and premium payments for each benefit during FML as if the employee were not on leave, for a
maximum of twelve (12) weeks. An employee on unpaid leave, beyond the twelve (12) weeks is no
longer considered on FML and; therefore, if the employee wishes to continue health insurance
coverage he or she may do so at his or her expense, at the City's group rates. The employee must
arrange for payment of his /tier premium contribution, in advance. A lapse in insurance coverage will
occur if a premium payment is more than 30 days late.
8. Other benefits during FML During any portion of FML for which an 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 lakes FMI_ shall be eligible
for reinstatement to the employees former position it the former rate of pay. However, if the position
CITY OF ROHNER7 PARK Page 13 of 39
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CPY OF ROHNERT PARK
Personnel Rules and Regulations
is not available due to business necessity, the City may instead offer the employee a job Ihat is
comparable in ternis of pay and duties An employee retains the same right to employment as it not
on FMI..
If an employee fails to report to work promptly at the end of FML; the employee will be assurned to
have abandoned his /her employment unless additional leave has been approved.
10. Reinstatement for key employees. If reinstatement of a key employee causes a substantial and
grievous economic hardship to the City, the City may deny reinstatement of the key employee to the
position held at the time FML was requested. A key employee is defined as an employee who is paid
on a Salary basis and is among the highest paid 10 percent (10 %) of all City employees as determined
at the time of the request for leave.
11. Statement regarding return to work. if the employee takes FML leave for his or her own serious
health condition, the City requires a statement by the employee's health care provider that the
employee is fit to return to his /her job.
12. Other work. The City shall take appropriate disciplinary action if it determines that an employee has
engaged in other work during a FML Mal 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 duty
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. Pregnancy Disability Leave -
1. Eligibility. Any employee who is disabled from working due to pregnancy, childbirth or related
medical conditions is eligible for Pregnancy Disability Leave (PDL).
2. 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.
3. Notice of PDL. Whenever possible, an employee must provide at least thirty (30) days advance
written notice of the need for PDL. If thirty (30) days notice is not possible, notice must be provided as
soon as possible.
4. Transfer privileges. Employees who are pregnant or have a pregnancy - related medical condition
may request.a transfer to a less strenuous or hazardous position or to less strenuous or hazardous
duties, if such a transfer is medically advisable and can be reasonably 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 file 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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Personnel Rules and Regulations
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A health care provider's staternerrl must be subrnitled verifying file need for pregnancy disability leave
or for transfer, staling fire followinca:
a. 'file (fate on which the employee became disabled due to pregnancy, childbirth or related rnedic;)l
condition or tile: date on which Ifte need for a transfer became medically advis<;t>le;
b. The; probable duration of the period or periods of disability or file need for transfer and
C- A statement Uaat, 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 ancJ, the successful completion of
her pregnancy, or lhal transfer is medically advisable.
A new statement naay be required if the employee requests an extension of lime beyond that
specified in the original statement.
Ally changes in the information contained in the health (;are provider's staternent must be
Promptly reported by the employee to the 1- iurnan Resources Departmenl-
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 (foes riot extend the
maximum length of a PDL
7. Insurance benefit premiums during PDL An employee will receive file same insurance benefits
and premium payments during PDL as if the employee were not on leave, for a maxirnurn of twelve
(12) workweeks. An employee on unpaid PDL beyond this period may continue health insurance or
other benefit coverage at own her expense, at the City's group rates. The employee must arrange for
payment of the. prernium contribution in advance. A lapse if) 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, the employee will continue to accrue paid leave benefits (i.e., sick leave, vacation
leave), seniority, and other benefits 10 the same extent that the employee would accrue those benefits
if not on PDL Employees on PDL are not eligible for hoBdiay pay (i.e. pay for holidays worked) for
holidays that fall during the Pl:>t_-
0. Reinstatement. An employee: who takes PDL shall be eligible for reinstatement to tier former position
at her former rate of pay. However, if the same position is no longer available due to business
necessity, the City may instead offer a job that is comparable in terms of pay and duties.
If an employee fails to report to work promptly at the end of PDL, file employee will be assumed to
have abandoned her employment unless additional leave has been approved.
10. Statement regarding return to work. The City requires an 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 appropriateafisciplinary action if it determines that an employee has
engaged in other work during a PDL that is inconsistent with tine employee's use of PDL
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 surgeons certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises file 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 file federal
Family and Medical Leave Act and its implementing regulations.
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Personnel Roles and Regulations
H. Work - Related Injury And Illness 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 memoraridum(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 employee, the supervisor must
submit the completed supervisor's report of injury to the Human Resources Department. An employee
who fails to promptly report a work - incurred injury or illness to his or her supervisor may be subject to
discipline, up to and including termination.
3. Temporary disability benefits. An employee eligible for temporary disability payments under the
Workers' Compensation Law will receive the amount as provided by that law.
4. Salary continuation integration with accrued leave. Employees receiving temporary disability
payments under the Workers' Compensation Law may elect 10 use accrued paid leave benefits at the
same time they are receiving temporary disability, but only up to an amount which, when combined -
will) temporary disability payments, does riot exceed one hundred (100 %) percent of the employee's
normal salary- Accrued leave hours shall be charged to the extent of wages paid by the City to the
employee.
5- Termination after work - related injury or illness- Unless otherwise prohibited by law, an 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.
I. 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 shaft 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 time 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 -
Alt 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 othe=r employees will be c.Jranied leave, without pay except where necessary to rnair,lairn the ctrr,ploy(., s
exempt status under then Pair Labor Standards Act.
1f an errrplUyee is r<;quire(1 to report to jury duty within 2 hours of the scheduled start of tile: workda th
employee is not required to report to work at the start of lire workday, brat shay report direcaly to jury duty. e
an ern )k) j y Y, c If
f gee is rc.Jc Z cd from ur duty will,) more, than one haft of his /her workday remaining, the
employee is required to report to work to cUrnplete the regularly scheduled workday.
K. Unpaid Administrative Leave _
Eligibility. Upon written request of an employee, the Personnel Officer may approve in writing .nrn
unpaid leave Of absence without pay fora period not to exceed six (6) months.
Reason for leave. Unpaid Adminis Ira live Leave will be chanted for the followinci purposes:
a. School visit leave. An employe e who is a parent, grandparent, or dui
custody of a child in licensed day care facility or in kindergarten through r 1l2li grade will be granted up !o �l0 hours in r., 1? -month period (not to exceed t3 hours in one month) to visit the
school site, it reasonable prior notice is given to the Personnel Officer. Additionali Y, a parent,
grandparent, or guardian of a child may take time off to appear at a school in connection with the
suspension of a child 'File employee may use accrued leave for schoUi visits. if accrued leave is
accommodate exhausted, the Personnel Officer may allow the employee to work an alternave schedule to
odate the leave or provide fileave without pay.
Written probe of the d==ate q Fi and lime of the visit signed by an appropriate schoUi official may be
reuired to be provided to the Personnel Officer on return to the job.
I)- Voting leave. Any employee, it he or she does not have sufficient time outside of working hours
to vote, may request up to two (2) hours of accrued paid leave either at the beginning or end of
scheduled working hours fo enable the employee to vote. If the employee has no accrued paid
leave, time off shall be granled 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 victinn of domestic violence may take unpaid
leave or use any available paid time off benefits to ensure his /her health, safety Or welfare, of lhal
Of his /her child, by obtaining a temporary restraining order, a restraining order, or Other court
assistance. Additionally, all employee may take leave to seek medical or psychological
treatment, to obtain necessary social services, and /or to participate in safety planning or lake
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 lake an unpaid leave or any available paid time off
judicial proceedings related td that crime. benefits to attend
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 td 14 clays 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.
CITY OF ROHNER? PARK
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CITY Of= ROI METE 1 PARK
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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 in dental, and vision insurance to eligible employees and
their dependents and domestic partners (effective January 1, 2005) as detailed in the applicable
MOAs and City Council resolutions outlining conditions of employment and benefits. The Personnel
Officer shall maintain records of the terms and conditions of the health insurance and other benefit
contracts, benefit levels, and administration procedures. More detailed information regarding these
benefits is set forth 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.
E=mployees who wish to inspect those documents may mike an appointment with the Personnel
Officer for that purpose. Due to changes in MOAs, terms, conditions, benefit levels and
administration requirements may be adjusted from time to time.
2. Commencement of benefits_ The benefits described in this section shall begin the first of the month
following the first day of employment or on the date -of -hire if it occurs on the first of the month.
3. Health insurance waived by certain employees. The City provides eligible employees alternative
medical benefits when the employee has coverage from another source and the employee waives
benefits under the City's plan. These alternative benefits are described in Resolution No. 96 -203.
4. C.O.B_R.A. The Consolidated Omnibus Budget 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 loss of dependency status- The specific provisions and
restrictions of the Act are available from the Human Resources Department.
M. Miscellaneous Employee Benefits -
1. Disability wage plan. The City provides a disability wage plan to regular full time and part -time
employees. Benefits and conditions of the plan are more specifically described within the City's
Disability Wage Plan document available upon request from the Human Resources Department.
2. 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. 'The terms and conditions of this benefit may be
modified from time to time in the event that the City changes carriers.
When an employee is-receiving benefits from other sources, the total amount of compensation
received by the employee, including LTD benefits, shall not exceed one hundred percent (100 %) of
the employee's 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
CiTY OF ROHNERT PARK Page 18 of 39
Personnel Rules and Regulations
CITY-OF ROHKIR I PARK
Personnel R1110S <m(1 Requialiont
theaI -AF1 is confi(Jentiat. No information is provided to the City regardinc) an eligible
member's use of
th(� I AI'- T -o make an appoinlment with a courlsefor call Cigna Behavioral 11031111 <11 (888) 371 -1125.
For more information, contact 1he I luralan Resources Department-
Health Care Tax -free dollar account program. This prograrn allows perrnanenl full -time or part -time
employees to .set aside a maximum of $3,000 per calendar year of before tax wages for medical
prerni(rrns, co- payments, or out of pocket medical costs, as authorized by the lnlernal Revenue
Services <.lnd the California Franchise -Tax Board. A regular employee becomes eligible on date of
hire. I.nlployee participation in this program is coordinated through the Finance Department. Fhe x
la
deferral limits are subject 10 change d to changes in federal and /or state law.
Dependent Care Assistance program. This program allows eligible full -tune or part -fire employees
to s(a, aside a maximum of $5,000 per calendar year before lax wages for child care expenses as
authorized by Ihe: Internal Revenue Services and the California Franchise Tar. Board. A regular
employee becomes eligible on dale of hire. Employee parti(:ipation in this program is coordinated
Ihrough the Finance Department. The fax deferral limits are subject to clln)f due to changes in
federal and /or slaie law.
7. Deferred income program. The: City participates in a deferre(f income program now being
adminislered by National Deferred and iCMA. This program all eligible toll -time or
- employees to set aside a maximum of $13,000 per calendar year ($14,000 in 2005, $15,000 in n2006)
of before tax wages for post- retirement income as authorizeo by the Internal f�evenue Services and
the California Franchise Tax Board, A regular employee becomes eligible or dale-of-hire. S Employee
participation in this program is coordinated through the Finance Dep�arlrnent. The lax deferral limits
are subjecl to change due to changes in federal and /or state taw.
3. Hepatitis B program. Below is an explanation of the City's Flepatilis B Program.
Employees who may have to perform first aid as a regular job duty or are in 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 jab classifications are:
Public Safety Officer
P.S. Sgt.
P -S. Lt.
F'.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 1
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, Hurnan Resources. Department
provides the new employee (if they are in one of the jobs classes lis
l ted above) information on what
Hepatitis B is anti acheck -off form, which indicates whether or not they wish the 3 -shot immunization
program. Human Resources (HR) logs in the employee's response in its safety records.
CITY 01= ROHNf RT PARK P
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Personnel Rules and Regulations
Employees who wish the 3 -shoe I lep. B series go get their shots, inform liR when they received each
shot, and turn in their receipt for reimbursement. Employees with Kaiser insurance c:an 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 gel their shots at the County Health Dept. and submit their
receipt for reimbursement. it is important that the employees not miss an appt. 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, (tie 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 wittl
the same maximurn 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 8.
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) stating the nature of the transfer and,an explanation as to why the transfer is
necessary.
b. The employee has a right to respond in writing within five (5) workdays from date of notice.
c. The employee has a right, through their bargaining unit, to file a grievance within the time limits
established in the grievance procedure.
B. Promotion —
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. Intern allexternal 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.
CITY OF ROHNERT PAI�K Page 20 of 39
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.Personnel Rules and Reoulatiorls
3. Request for eligible employees. When a vacancy occurs, the Supervisor may request a list of
narnes of persons in City employ who qualify for prornotiort to tfte vacant position for consideration
from the ilurnm -, Resources Dep<:rr►rnenl.
4. Determining pay for promoted employees. Refer to Section 2 f'aiy flans
13, S a Section 3. nd Compensation, Pair(
C. Trainee Program In an effort to provide upward mobility opportunities for current City employees and to
Provide employment opportunities to the general public, the Personnel Officer c<in add (tie wort( "Trainee"
to any classification, within the financial ability of the City, except those represented by a bargaining unit,
employed by the City and to recruit and select individuals to fill positions as deerned appropriate.
1. The training program, provides an opportunity for a current employee to 93in additional skills by
a. additional experience in a different Classification.
b. additional schooling-,
C. completion of an appropriate examinaltion;
d. obtaining a State certificate or license in a specific classification. -
2. Recruitment for these positions may be promotional or open as deemed appropriate by the Personnel
Officer and the initial salary would be up to thirty percent (30 %) below the beginninc; of the established
salary rarlge.
3. Transition from trainee claassiiication may occur as early as 'six (6) months but no later than two (2)
years from the date of appointment. Minimum qualifications for the position must be attained prior to
transition. "Transition may occur upon recommendation of the Supervisor ancf 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 frorn the in -house recruitment process.
SECTIONS- 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 qualified 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 selection procedure to be used.
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Personnel Rules anti f2e0uf.rti0ns
B. Apgtications -- Every applicant responding to a City recruitment shall file an official City application form.
Applications shalt be available in the City's Human Resources office. Applications and supporting
documentation filed with the City are lice property of the City. Any information on the application will riot be
made public.
7: Application for 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 or before the final filing date and fime specified in the position
announcement.
3. Rejection of applications. The Personnel Officer may disapprove an application, disqualify an
applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed:
a. tacks any of the requirements established for the examination or position for which application
has been made;_
b. excessively uses narcotics and /or intoxicating liquors to the extent that they are unable to perform
the essential functions of the position;
C. an employee that is not physically and /or mentally able to perform the essential functions of the
job, with or 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 dale mailing, to communications
concerning availability for employment;
i. has made himself /herself unavailable for employment by requesting that his /her name be
withheld from consideration.
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. natrxe anO Sericl(1sneSs of the conduct,
C. the: length of tirne Since the COJJduct,
(1. the aOe of the individunt at the time of conduct,
e. circumstances sUrrotlnding file conduct,
f. contributing social or environmental con(fitions, and
g. the presence or absence of rehabilitation or efforts at rehabilitation.
a. 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 will serve in a department where the Supervisor is a close relative or in
a division where the division head is a close relative. Fora definition of "close relative," see the
glossary of terms at the 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 days from
the (fate of mailirJg to 11) e Personnel Officer, with no further right to appeal-
C- Selection Procedure -- The method used to select employees shall be impartial and shaEl relate to those
subjects which fairly measure the abilities to execute: the (Julies and responsibilities of the classification in
which the 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, bnd 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. 'f he 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 to 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.
ersoJn el Officer. Scoring and rating systems may be numerical or non - numerical as determined by the
Personnel Officer.
a. Appointment preference on open /promotional 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. See example below for detailed explanation.
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PERCENTAGE EVALUATION (sample)
Employee's Total Score = 80%
Years of City Service as a Regular Employee =_ 10 (calculates to an additional io %)
Employee's Adjusted Total Score = 86% + 10% = 90%,
_POINT EVALUATION (sample)
Employee's Total Points = 175 out of a possible 200
Years of City Service as a Regular Employee = 10 (calculates to an additional 20 points 1200 x
10% = 20]
E mployee's Adjusted Total Score = 175 + 20 = 195'
'The combination of an employee's performance in the examination process and years of service
may give the employee a higher score than the maximum possible. In such a case, the employee
shall receive the actual score calculated above the maximum and be ranked accordingly.
Specifically, for the examples listed above, the employee achieving the maximum score on the
percentage evaluation would receive a total score of 100% + 10% = 110%; and on the point
evaluation receive a total score of 200 + 20 = 220.
1;. In accorcjance 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 eniployees,-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 rernarks will 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.
1. 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 list. 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 fist 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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Personnel flutes an <J Rc�gutations
d. failure to contact the Personnel Officer within live (5) working days from the dale
interview or offer of ;)ppoinIment; of police of an
e. determination by the Per:;onnef Officer that the applicarnl has violated one or more of file
provisions of Section 5.B.4
4. Vacancies When a vacancy occurs in a class for which there is an eligibility list, the F'ersonneE
Officer will transmit the names, and ,all supporting documents, of all candidates with the top five
ranking scores on file (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. T he power to appoint and dismiss City employees is vested in the City Manager
(Personnel Officer).
1. Vacancy. The vrcanc;y will be titled by appointment of an eligible candidate from an appropriate
eligibility fist, 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 the 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 provisionat appointment.
b. Emergency_ in ari emergency which threatens file, property, or the operation of necessary
rvwnicipal 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, ail 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 ;)Ilowinq the City to acquire information about the applicant from former employers.
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2. Medical examination. Applicants who have been offered a regular position with She City are required
to participate in a pre - employment physical.
Each job classification has specific physical standards and are reasonably related to job requirements.
l-he 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.B.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 appointment. It is the responsibility of the supervisor to.
communicate with the employee in regards to his /her progress.
Duration of period. The probationary period is not less than twelve (12) months for miscellaneous
employees, riot less than eighteen (18) months for dispatchers, not less than eighteen (18) months for
sworn Public Safety 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 clays 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 properly evaluate an employee.
3. 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 will be based on the written performance review.
b. The performance review will take place ten (10) working (Jays 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 promoted 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 his /her class
and is known as a regular employee.
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SECTION 6 - SEPARATION AND REINSTATEMENT
An employee may be Separated from emp►oyrrlent by resit }nation, dismissal, retirement. or Iayofl ora account Of
i�,ck of work or lack of funds. The dismissal for cause of regular employees will be in accordance with file
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 writtc n
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
stated on the letter of resignation. The withdrawal letter will also be placed in his /her personnel file.
2. An employee who leaves employment without so filing a written resignation and giving two (2) weeks
notice, as rectuired 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
same classification for which the employee would have been eligible at tine of separation. Former
regular lull -time City employees returning to City service within the six (6) month period will be granted
the full benefits they were receiving at lime 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, state
or local taw 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 clue 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 clue 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. ldentification. 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 off first, followed by employees in a promotional or transfer
probationary period.
b. The order of layoff for regular employees within a department will be determined by considering
business necessity, each employee's job performance and competence, and seniority.
i. "Seniority" for purposes of this Section shall be determined by adding logether all time spent
in City service, in whatever capacity, expressed in terms of years, months, and clays. The
seniority calculation shall not include disciplinary time off without pay or f+rne spent on unpaid
leave (unless federal or state taw requires it to be included in the seniority calculation).
ii_ Once seniority determinations have been made, layoffs are made in reverse seniority order
(i.e. the most junior employees are laid off first).
iii. Ties in seniority shall be resolved by the Personnel Officer, raking 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 shalt 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 outlined above_
These exclusions would be made when:
a. specialty position when qualifications for the position could not be easily obtained through a short
orientation or familiarization period.
b. transfer in lieu of layoff. Within the affected department or deparhnents, 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 obtairi 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
psition.
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 seniority_ The result is that the
more senior employee "bumps" the junior employee, who then is entitled to the retreat/demotion
rights set forth herein.
c. An employee who would otherwise be laid off may request to be temporarily demoted to any
vacant position for which the employee is qualified.
o. 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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An employee who retreats or is demoted to a position as provided herein must serve the
probationary period applicable; to the new position unless file employee previously completed the
probationary period in that position.
6. Reinstatement lists. 'fhe names of regular employees who have: been laid off, including those who
Iaave 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 narne may be
removed for any of the following reasons:
a. Reappointment of the employee to his/her former classification
b. Notification from employee that he /she is no longer interested in returning to the City.
C. Inability to contact the employee by mail or phone at the employee's fast known address in the
employee's official personnel file.
d. Rejection by the employee of an offer of employment within the same job classification. Failure to
respond within five (5) business days of the offer shall be deerned a rejection.
7. Offer of reinstatement. If the position previously held by a ljid off employee becomes vacant, or if
another position within the same classification series becomes vacant, lh(.,n the errrploYee will) the
most seniority on applicable reinstatement list shall be offered the vacant position.
u. Restoration of benefits upon reinstatement. When an employee is reinstated to employment after.
layoff, all his or. her prior service shall be counted toward the calculation of leave accruals and
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 lie or she was serving a probationary
period at the time of layoff, all time on probation previously completed prior to layoff shalt be counted
toward determining when the probationary period ends.
SECTION 7 - INCOMPATIBLE ACTIVITY /CONFLICTS OF INTEREST
A. Incompatible Activity - Certain activities are incompatible will) ethical, effective employment with the City.
All City employees are prohibited from:
1. Participating in improper political activity prohibited by the .federal Hatch 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 stale or federal law, or which might
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result in a conflict of interest belween the employee's private interests and his /her official duties and
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 to:
1_ jobs /business conducted during the employee's work hours with the City;
2. jobs /business that prevent the employee from being available for necessary overtime or emergency
work period outside his or her normal working hours when such overtime or emergency duty is a
regular part of his or her job;
3. business conducted using City facilities, resources or equipment (including telephones, computers,
supplies, etc.)
— SECTION 8 - DISCIPLINARY ACTION
City employees are expected to meet certain standards of job performance, interpersonal interaction, and
conduct_ 'Fhe City may discipline any erployee whose conduct or performance fails to meet reasonable City
standards, i.e. for cause. Discipline may be imposed for a single incident or for a pattern of conduct. The
specific discipline imposed is intended to focus the attention of the employee on the performance or conduct
problem and, except in cases of discharge, to encourage changes in behavior.
Disciplinary actions include but are not limited to: counseling, oral reprimand, written reprimand, reduction in
pay, suspension without pay, reassignment, demotion, and discharge_ Although the City generally applies the
concept of "progressive discipline, discipline may include any one or any combination of actions, and the
actions need not necessarily be applied in a defined order. Instead, the discipline imposed will be determined
according to the severity of the infractibn(s), regardless of whethe( 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;
5. Dishonesty;
6. Neglect of duty, or inattention to /dereliction of duties;
7. Violation of City or Department rules and regulations, policies, procedures or general orders, whether
oral or written;
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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 suppfic *s;
10. improper or unauthorized use of City vehicles or equipment;
11. Misappropriation, thc!fl, or embezzlement 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 leave,
15. Absence without leave, not returning from an approved leave -of- absence or obtaining a leave-of-
. absence under false pretense;
16. Soliciting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City;
17. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City in excess of the Conflict of Interest guidelines established in the
Rohnert Park Municipal Code Chapter 2.60;
18. Failure to observe safety regulations and practices, including the use of assigned personal protective
equipment;
19. Discourteous, unprofessional or abusive treatment of the public or other employee, ; -
20- Use of abusive Ianguage;
21. Actual or threatened physical violence;
22. Conviction (including by plea of guilty or nolo contendere) of a felony or any crime; involving moral
turpitude;
23_ Conviction of a misdemeanor (including by plea of guilty or nolo contendere) that is of a nature as to
adversely affect the employee's ability to perform the duties and responsibilities of his or her positiorr.
B. Minor Discipline. — All Supervisors are authorized to implement minor disciplinary measures. Minor
disciplinary actions are not spbject 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
format performance evaluations.
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3. Written reprimand. A formal written notice to an employee stating the specific details concerning the
subiecl of file reprimand, summarizing previous related disciplinary action, if any, and describing the
plan for improvement. A written . reprimand shalt include the date of the reprimand and a statement
advising the employee; that continued conduct or performance at such levels may result in more
serious discipline, up to and including 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
reprirrrand and sign it and them 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 minor discipline
will be removed from the employee's personnel file three (3) years after the date of the written
reprirnand 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 arid no furlher .discipline has been initiated. The employee shall
initiale the request to remove records of minor discipline through his or her Department Head
employee's Department Head shalt coordinate this request through Human Resources to ensure the
appropriate criteria has been met to remove the records.. Nothing in this section is intended to prevent
documentation of progressive discipline.
C_ Major Discipline - Major discipline m<;ay 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 tower 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 (10 so, or where an employee has committed one or more
serious offenses for which no other disciplinary measure is appropriate.
D. Disciplinary Process —Major Discipline. Any imposition of major discipline must follow the procedures set
forih below.
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 (late of the action;
c. "rhe 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 wily the employee believes the proposed
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major discipline should not be imposed. A request for such a hearing rnust be submitted in
writing within ten (10) working days of recOM of the Notice of Intent,
informal hearing (i.e. Skelly hearing). At the i:rnployee's request, an informal hearing will be hell
prior to the imposition of major discipline. This Bearing is not arr e:vid(:ntiary hearing, but rather an
opportunity for the employee to present information as to why the proposed major discipline should riot
be imposed. E=xcept 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 paramelers appty Io the informal hearing:
a. The hearing shalt be conducted by a responsible person designated by the Personnel Officer.
1). "The hearing shall include the employee, the employee's chosen representative(s) - (reasonable
number), and others as directed by the hearing officer. Absent extenu<.ating circumstances, the
employee's failure to appear waives his or her right to such a hearing.
C. The hearing shall be tape: recorded or stenographically recorded, and a copy of the tape
recording or transcript shall be provided to the employee upon request.
d. At the hearing, the employee shall be given an opportunity, either orally or in writing, or both, to
bring forward facts or circurnslances which may causg..the charges to be revised or dismissed. If
the employee's information is presented by his or tier representative, all statements made by the
representative shall be attributed to the employee as if made by hire or.her personally, and it is
the employee's obligation to correct any misstatements) by the representative-
e. Following the hearing, the hearing officer will make a written recommendation to the Department
Head who issued the Notice of Intent as to whether the proposed discipline should be imposed,
modified, reduced or dismissed.
3- Notice of discipline. Following the informal hearing, if requested, the same: Department 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 irnpose discipline either as
proposed or in some modified or redu(:ed form, a written Notice of Discipline shall be prepared. The
Notice of Discipline shall stale:
a. The specific type of disciplinary action that will be imposed;
b. The specific reason(s) or cause(s) for the aclions, setting forth specific facts that form the basis
for the decision;
C. The effective (late 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 employees recognized employee organization.
3. Evidentiary hearing. An evidentiary hearing before a neutral hearing officer shall be arranged for by
the Assistant City Manager or his/her designee and shall, absent extenuating circumstances, be held
within thirty (30) working days of the receiving the Notice of-Appeal. The hearing shall be closed and
confidential: Prior to the hearing, the Assistant City Manager or his /her designee shall supply the
hearing officer will) (1) the Notice of Intent and any attachments, (2) the Skelly hearing officer's written
recommendation, and (3) the Notice of Discipline and any attachments. Other hearing procedures are
as follows:
a. The employee's presence is required. Failure to appear at the appeal hearing unless physically
unable to do so shall be deemed a withdrawal of the appeal and a waiver of any further right of
administrative appeal.
b. The hearing shall be stenographically recorded.
c. Any and all witnesses other than the City's representative 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.
iii. The employee may. present oral or documentary evidence, or both, in support of the
employee's position; the City's representative may cross - examine all witnesses called by the
employee.
iv. The City's representative, followed by the employee, may make a closing statement.
The hearing shall be conducted in an efficient manner conducive to determining the issues,
however, the technical rules of evidence do not apply. 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 Determination. The hearing officer's Sindirigs and recommendations shalt be
forwarded to the City Manager for his or her review. The City Manager will follow the
abUSCrnenda tier of ret hearing officer unless lie or she can Show catjse that the hearing officer
abtased his ex her discretion.
Z). The City Manager shall review the entire, record (including the Notice of Intent, the record of
Skelly proceedings, the Skelly officer's written recommendation, the Notice of Discipline, the
evidence anti record at the evidenliary hearing, and the appeal hearing officer's written findings
and recommendations).
b. The City Manager shall issue a decision irnposing tile: disciplinary action tie or she deems
-appropriate and in tine best interests of the City.
C_ The City Man;:rgc is 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 employee's personnel frle.
d. Notice of the 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 clays 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 - safety 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
binding on the City with respect to non - safety members of the Rohnert Park Public Safety Officers'
Association.
f=or 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
Safety employee's assigned City vehicle and /or the enclosed spaces of an employee's assigned desk or
office area. Nothing in this section shall preclude the City from temporarily 're-assigning a departmental
asset to meet a necessary operational requirement.
CITY OF ROHNFRT PARK Page 35 of 39
Personnel Rules and Regulations
CITY OI- ROi•iNf RT PARK
Personnel Rules and Regulations
GLOSSARY - DEFINITION OF TERMS
ADMINISTRATIVE LEAVE - Absence with full pay and benefits, ordered by a Deparbnent Head 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 ork inal, 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 candidate fora given classification or position title.
CALENDAR DAYS - Consecutive days 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 1993, 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, tattler, father -in -law, mother, mother -in -taw, brother, brother -
in -taw, 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.
CITY OF ROHNERT PARK Page 36 of 39
Personnel Rules and Regulations
(JTybF ROHNERT PARK
personnel Rules and Regulations
DOMESTIC PARTNER - Two adults who have chosen to share: one another's lives in an intimate and
corr)mitted relationship of mutual caring. To be eligible both parties must file �� f�ectaratio, of date Domestic
and
Partnership will) the California Secretary of Stale.
ELIGIBLE -- A persor) whose name is or) an employment list.
ELIGIBILITY LIST -- A list that contains the nan)es of qualified candidates, for a specific classification, who have
completed all examination processes and are ranked, in order of the score or sling received.
EMPLOYEE - Any person appointee) 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. 7'he categofies of employees are:
Regular: A regular employee is one: wlio has passed probation and holds a regularly authorized position
wiN) benefits. lZegular ernployces may only be disc
employees: iplined for cause. Thera are 3 types of regular
1. Regular full - tine: a person who holds a budgeted (40) forty -hour per week position, with duties and
responsibilities that do not end in a specific time period, and who is entitled to full benefits with the City
pursuant to the applicable Memorandum of Agreement or applicable Outline of Benefits for the
Management and Confidential Units.
2. Regular part -time: a person who holds a budgeted position, with duties and responsibilities that do not
end in a specific time period, works for a specific number of hours, as defined, and fills out a timecard,
receives a salary and benefit package, proportioned to their agreed fixed work ratios (20 hours per
week receives 50% benefits; 30 hours per week receives 75% benefits).
3. Specially- funded: a person who works in a regular full- or hart time position
than City revenues (e.g., federal or state grants) funded by sources other
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:
1. Provisional employees - i.e._ an employee who meets the minimum qualificalions for a position and
W110 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
cause. such positions or disciplined with or without
ENTRY LEVEL -- The 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 has applied for a change in classification and /or promotion.
CiTY OF ROIINERT PARK
Pe a
fsonnei Rules nd Regulations f'at'e 37 of 39
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Personnel Rules and Regulations
Techniques utilized may consist of, but not' limited io any of the following: traditional paper and pencil tests,
performance tests, skills test, or oral assessment.
EXEMPT - An employee in a specific classification who, according to Fair Labor Standards Act (FLSA) is
exempt from the City's overtime policies and is compensated for oveerlime through Administrative Leave,
accumulated per specifications outlined in the MOA's and /or OullinC of E3enefils for the Management and
Confidential Units.
FAMILY AND MEDICAL LEAVE POLICY - Provides for employee leave during times of illness or family
emergencies. In compliance with California Family Rights Act and Federal Family Medical Leave Act_
FMLA - Family Medical Leave Act, federal !aw established in 1993 and administered by the Department of
Labor.
GRIEVANCE - A complaint by an employee rebating to wages, hours, and working conditions. Disciplinary
action cannot be grieved.
LEAVE -OF- ABSENCE WITHOUT PAY - Time away from work, which the employee has requested, and the
City Manager or his designee has approved, for which the employee is not paid and has the right to return to the
same position held before the leave was granted.
MEMORANDUM OF AGREEMENT (MOA) - A binding agreement on wages, hours, benefits, and other
conditions of employment for designated classes between the bargaining units and the City that have been
adopted by the City Council.
NOLO CONTENDERS Latin for "no contest." In a criminal proceeding, a defendant may enter a plea of polo
contendere, in which he does not accept or deny responsibility for the charges but agrees to accept punishment.
NOWEXEMPT - An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA)
is to receive overtime pay at 1 % times normal pay for hours worked over 8, 9, 10 in a 24 hr. period and /or any
hours worked over 40 hours in a 7 day period, as outlined in the MOA's and /or Outline of Benefits for the
Management and Confidential Units.
PDL - Pregnancy Disability Leave, California faw established in 1994, and administered by the California
Department of Fair Employment and Housing.
PERSONNEL OFFICER - Is the City Manager, and is responsible for the administration of all Personnel Rules.
Throughout these Personnel Rules, .the term "Personnel Officer" denotes the City Manager or his or her
designee.
POSITION - A specific office or employment provided by the budget, whether occupied or vacant, calling for the
performance of certain duties. Positions may be regular full -time, regular part -time, seasonal, hourly, and /or
temporary_
PROBATIONARY PERIOD - A working test period during which an employee is required to demonstrate fitness
for the position to which appointed by actual performance in the position.
PROMOTION - The movement of a qualified employee from one class to another class with a higher maximum
rate of pay and greater job responsibilities.
REINSTATEMENT - The re- employment of an employee who has regular or probationary status in a class, who
has been laid off, is returning from an approved leave requiring reinstatement, or who has resigned in good
standing and who is entitled to preference in appointment to vacancies in that class.
CITY OF ROHNERT BARK Page 38 of 39
Personnel Rules and Regulations
CITY OF RO tNI-R f PAi.RK
Personnel Rukas and Regulations
RPEA -- Rohnert Park Employees' Association- The labor bargaining and reprr�seritation emit for adr'raini tr<ative
technical and support employees.
RPPSOA -- Rohnert Park Public: Safely Officers' Association. I he tabor barr aininc
Public Safety Sergeants, Public Safety Officers, Public Safety Dispatchers. Comrnunirtilior>S falion unit
Community Services Officers, Part -Time Dispatchers, and Public Safety Officer Trainees.
RULES - Ttae Personnel Rules and Regulalions of the City of Rohnerl Park as contained in ilris dOCUrTlerlt.
SALARY -- A regular employee's base pay as approved by the City Council in the classification and salary plan
i.e. pay rates arui r rages, computed on a monthly basis.
SALARY RANGES ---The rate(s) assigned to a classification in the pay rates and ranges.
SEIU - Service Employees International Union Loc:a1 707. The tat >or bargaining ,and representation unit for
certain City employees in the Department of Public Works.
TEMPORARY APPOINTMENT - An appointment of limited duration in tlae absence of available eligible
employees or applicants.
TERMINATION - The ending of any employment relationship between an employee Arid the City.
TRANSFER - A.c:hange of an employee from one position to anotlaer position in the same class or another class
having essentially the maximum salary limits, and involving the performance of similar duties-
WORKDAY - Is a twenty -four (24) hour period beginning at the same tirrre eacJa calendar cf<ay_
WORKWEEK - Means any forty (40) hour period witilin 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 EQUAL OPPORTUNITY EMPLOYER
RESO 92 -.79 - POLICY AGAINST DISCRIMINATION BASED ON DISABILITY .- ADA
RESO 93 -3£I - 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 ROl iNE RT PARK
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