2014/07/22 City Council Resolution 2014-090RESOLUTION NO. 2014 -090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING A MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK PUBLIC SAFETY MANAGERS' ASSOCIATION (RPPSMA) FOR
THE PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2017
WHEREAS, on July 22, 2014, the City Council approved a Tentative Agreement on a
Three Year Proposal with the Rohnert Park Public Safety Managers' Association which had been
ratified by the membership of RPPSMA; and
WHEREAS, in accordance with the terms and conditions of the Tentative Agreement,
staff has prepared a final Memorandum of Agreement with the RPPSMA that requires no further
approval by RPPSMA membership.
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 RPPSMA for the
Period of July 1, 2014 through June 30, 2017, which is attached hereto as Exhibit "A" and
incorporated herein by this reference.
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 & REGULARLY ADOPTED this 22nd day of July, 2014.
Q0HNEItT E'a
ATTEST: "-
F f
Jo nne Buergler, City Clerk
S
CITY OF ROHN + T PARK
'--- Joseph Callinan, Mayor
Exhibit A: Memorandum of Agreement with the Rohnert Park Public Safety Managers'
Association (RPPSMA)
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Exhibit A
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MEMORANDUM OF AGREEMENT
Between
THE CITY OF ROHNERT PARK
and the
ROHNERT PARK PUBLIC SAFETY MANAGERS ASSOCIATION
(RPPSMA)
Effective July 1, 2014 — June 30, 2017
TABLE OF CONTENTS
1. HOURS, DAYS AND PERIOD OF WORK .............................................................. ............................... 5
2. HOLIDAYS ........................................................................................................ ............................... 5
2.1 Holidays Observed ..................................................................................... ............................... 5
2.2 Proclaimed Holidays .................................................................................. ............................... 6
2.3 Day of Mourning ........................................................................................ ............................... 6
2.4 Alternate Day Off ....................................................................................... ............................... 6
3. ANNUAL LEAVE PROGRAM .............................................................................. ............................... 6
4. MILITARY TRAINING ......................................................................................... ............................... 7
5. FRINGE BENEFITS .............................................................................................. ..............................7
5.1
Fringe Benefit Administration .................................................................... ............................... 7
5.2
Administrative Leave .................................................................................. ..............................8
5.3
Catastrophic Leave ..................................................................................... ...............................
8
5.4
Hearing Aid Benefit .................................................................................... ...............................
8
5.5
Paternity Leave .......................................................................................... ............................... 8
5.6
Family and Medical Leave .......................................................................... ............................... 8
5.7
Light or Limited Duty ................................................................................. ............................... 9
5.8
Americans with Disabilities Act .................................................................. ............................... 9
5.9
Employee Death ........................................................................................ ............................... 9
5.10
Medical and Health .................................................................................... ............................... 9
5.11
Dental Insurance ........................................................................................ .............................10
5.12
Vision Insurance ...................................................................................... ...............................
10
5.13
Adoption Benefit ..................................................................................... ...............................
10
5.14
Death /Bereavement Leave ...................................................................... ...............................
11
5.15
Funeral Benefit ........................................................................................ ...............................
11
5.16
Long -Term and Short -Term Disability Insurance ...................................... ...............................
11
5.17
Life Insurance .......................................................................................... ...............................
11
5.18
Deferred Income ...................................................................................... ...............................
11
5.19
Retired, Deceased and /or Permanently and Totally Disabled Employees ...............................
12
5.20
Education and Training ............................................................................ ...............................
18
5.21
Longevity and Incentive Pay .................................................................... ...............................
18
5.22
Retirement Programs ............................................................................... ...............................
18
5.23
Dependent Care Assistance Program ....................................................... ...............................
19
5.24
Health Care Tax -Free Dollar Account Program ......................................... ...............................
19
5.25
Counseling Services ................................................................................. ...............................
20
6. SAFETY EQUIPMENT ...................................................................................... ............................... 20
6.1 Replacement Equipment .......................................................................... ............................... 20
6.2 Personal Equipment ................................................................................. ............................... 20
6.3 Safety Glasses and UV Eye Protection ( Sunglasses) .................................. ............................... 20
RPPSMA MOA 0 July 1, 2014 through June 30, 2017 Page 11
7. COMPENSATION ADJUSTMENTS .................................................................... ............................... 20
7.1 Total Compensation & Compaction Analysis ............................................ ............................... 20
7.2 Compaction Trigger .................................................................................. ............................... 20
7.3 Critical Incident Call Out Pay .................................................................... ............................... 21
7.4 Court Time Pay ........................................................................................ ............................... 21
7.5 Police and Fire Services ............................................................................ ............................... 21
7.6 Paychecks ................................................................................................ ............................... 21
7.7 Salary Adjustments .................................................................................. ............................... 22
7.8 Ratification Bonus .................................................................................... ............................... 22
8. ALCOHOL AND DRUGS ..................................................................................... .............................22
8.1 Alcoholic Beverages or Other Drugs ......................................................... ............................... 22
8.2 Off Duty Hours ......................................................................................... ............................... 22
8.3 Prescription Drugs ................................................................................... ............................... 23
9. RESIDENCY ....................................................................................................... .............................23
10. GRIEVANCE POLICY AND PROCEDURE ............................................................ ............................... 23
11. USE OF CITY FACILITIES .................................................................................. ............................... 23
12. MANAGEMENT RIGHTS .................................................................................. ............................... 23
13. WORK CURTAILMENT (NO STRIKE CLAUSE) .................................................... ............................... 24
14. TERM OF MOA ............................................................................................... ............................... 24
15. INVALIDATION ............................................................................................... ............................... 24
15.1 Suspension of Agreement ........................................................................ ............................... 24
15.2 Replacement .............................................................................................. .............................24
16. NON - DISCRIMINATION .................................................................................. ............................... 24
17. PERSONNEL FILES ........................................................................................... ............................... 25
18. EMPLOYEE PERFORMANCE EVALUATIONS ..................................................... ............................... 25
19. PERSONNEL RULES AND REGULATIONS ......................................................... ............................... 25
20. SUCCEEDING AGREEMENT ............................................................................... .............................25
INDEX.................................................................................................................... ............................... 27
ATTACHMENTA ...................................................................................................... ............................... 29
RPPSMA MOA 0 July 1, 2014 through June 30, 2017 Page 111
ATTACHMENT B: RETIREE MEDICAL INSURANCE TABLE ......................................... ............................... 30
ATTACHMENT C: RETIREE MEDICAL INSURANCE TABLE .......................................... ............................... 31
RPPSMA MOA 0 July 1, 2014 through June 30, 2017 Page IV
MEMORANDUM OF AGREEMENT
The City of Rohnert Park (City) recognizes the Rohnert Park Public Safety Managers' Association
(RPPSMA) as the labor bargaining and representation unit for Public Safety Commanders (formerly
referred to as "Public Safety Lieutenants) ".
Pursuant to Government Code Section 3500 et. seq., the representatives of the RPPSMA and the
representatives of the City have met and conferred and hereby submit their joint recommendation
for salary and benefit compensation for all members of the bargaining unit.
For purposes of this Agreement, the title "Public Safety Commander" shall not be used for salary
survey or benchmarking purposes. Any such surveys shall be based on like assignments. The change
in title from "Public Safety Lieutenant" to "Public Safety Commander" does not result in any increase
to wages or benefits.
Hours, Days and Period of Work
The primary workweek for management employees shall be a 4110 or 9180 Schedule. The
hours, days and period of work shall be as follows:
(a) Regular Days of Work for the 4110 Schedule -The regular workweek for employees assigned to
the 4110 Schedule shall consist of four (4) consecutive workdays of ten (10) hours followed by
three (3) consecutive days off. As may be determined from time to time by mutual agreement
of an employee and his /her supervisor, the employee assigned to the 4110 Schedule may
volunteer for a workweek other than defined in this section.
(b) Regular Days of Work for the 9/80 Schedule - The regular workweek for employees assigned
to the 9/80 Schedule shall consist of four (4) consecutive workdays of nine (9) hours during
one seven (7) day regular work period, followed by four (4) consecutive workdays of nine (9)
hours plus one workday of eight (8) hours during the second seven (7) day regular work
period. As may be determined from time to time by mutual agreement of an employee and
his /her supervisor, the employee assigned to the 9/80 Schedule may volunteer for a work
week other than defined in this section.
(c) Regular Work Period -A Regular Work Period shall be the seven (7) day work period beginning
at 12:01 a.m. on Monday and ending at 12 midnight on Sunday.
(d) In order to provide services to the community at all times during the day and week, the City
will establish shifts. The City retains the authority to determine the regular start and end
times and days of shifts and the authority to transfer an employee from one shift to another.
2. Holidays
2.1 Holidays Observed
The holidays observed by the City will be:
"Independence Day"
The first Monday in September, "Labor Day"
The second Monday in October, "Columbus Day"
"Veteran's Day"
The fourth Thursday in November, "Thanksgiving Day"
Day after "Thanksgiving"
12:00 Noon to 5:00 p.m. on December 24
"Christmas Day"
"New Years Day"
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 5
The third Monday in January, "Martin Luther King, Jr. Day"
Friday proceeding "President's Day"
The third Monday in February, "President's Day"
The last Monday in May, "Memorial Day"
Floating Holiday
In addition to the recognized holidays identified in Section 2.1, each eligible employee
shall be allocated one floating holiday (equivalent to 10 hours for a full -time employee)
per fiscal year on July 1st. The floating holiday must be taken prior to June 30th of each
year. The floating holiday will not be carried over from year to year and there shall be no
cash value for the floating holiday during employment or upon separation from the City.
2.2 Proclaimed Holidays
Every day proclaimed by the President, Governor or Mayor of the City as a public holiday
and made applicable to City employees.
2.3 Day of Mourning
Each day that the Governor declares a day of mourning or special observance as a holiday
for State employees if the declaration makes it applicable to City employees.
2.4 Alternate Day Off
At the discretion of the Director of Public Safety, holiday pay may be authorized for Public
Safety Commanders who are directed to work on any holiday observed by the City.
Holiday Pay may be approved in lieu of granting the employee an alternate day off.
Holiday Pay is calculated on a straight time basis.
3. Annual Leave Program
Effective January 1, 2012, employees shall accrue the following Annual Leave:
Years of Service (Inclusive)
Monthly Accrual Rate
Annual Accrued Hours
1 to 10 years
16.500 hours
198
11 to 15 years
19.333 hours
232
16+ years
22.667 hours
272
3.1 Effective January 1, 2012, employees shall not accrue any form of sick leave or disability
wage, non - industrial or industrial. However, employees who have accrued fully -paid
hours under the sick leave program for non - industrial illness and injury shall retain the
balance of such hours accumulated as of January 1, 2012. Paid leave for approved
absence due to injury or illness may be charged against this balance at the employee's
discretion. Upon retirement from the City of Rohnert Park, an employee may convert any
remaining sick leave balance to service credits pursuant to CaIPERS regulations and
procedures.
3.2 Effective January 1, 2012, employees shall not accrue vacation. All existing accumulated
vacation shall be converted to Annual Leave.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 6
3.3 Annual Leave hours may be used to provide paid time off for any approved absence,
including but not limited to vacation and illness. When annual leave is used for sick leave
purposes, the City may require the employee to submit substantiating evidence of illness
if a demonstrable pattern of abuse or evidence of fraud is identified.
3.4 An employee may accumulate annual leave credits up to a maximum of 500 hours of
annual Leave. Accrual shall cease until the annual leave balance falls below the cap.
3.5 Accumulated annual leave shall be converted to cash upon separation from City service.
3.6 Employees who are off work on a paid leave shall accrue annual leave and maintain all
other benefits to the extent consistent with the City's existing Personnel Rules, with any
changes to the City's Personnel Rules subject to meet and confer.
3.7 Preference for leave scheduling will be on the basis of seniority within classification
and /or as has been past practice.
4. Military Training
The City grants military leave and any related benefits maintenance, job seniority and
retention rights to all employees for service in a uniformed service in accordance with state
and federal law. The employee must notify his /her supervisor of upcoming military duty as
soon as he /she becomes aware of his /her obligation.
5. Fringe Benefits
5.1 Fringe Benefit Administration
Fringe Benefit Administration - City reserves the right to select the insurance carrier(s) or
to self- administer any of the fringe benefit programs provided during the term of this
MCA. In the event that any offered health plan is no longer offered, the City agrees to
provide a suitable replacement health plan that is substantially comparable.
All benefits provided under this section (Section 5) are subject to the characteristics of
each individual benefit program.
The value or availability of the benefits provided in this MCA as originally worded or as
amended from time to time may depend on their tax treatment by the State or Federal
government or the decisions of other government agencies or departments, such as, but
not limited to, the California Public Employees' Retirement System (CaIPERS). The City will
endeavor to obtain the most favorable treatment legally possible from these other
governmental entities. However, the City makes no representation concerning the value
of such benefits to unit members or how they will be taxed or otherwise treated by other
agencies or departments. The City's obligations under this MOA are limited to the direct
cost of providing the salary and benefits as described in this MOA. The City shall have no
additional financial obligation, even if the tax or other treatment of such salary or benefits
by other agencies or departments reduces or eliminates their value to the employee.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 7
(a) As required by law or the Personnel Rules, the City will continue all employee benefits
and pay the appropriate premiums described in the applicable section(s) of this MOA,
which are due for an employee out on an authorized leave.
(b) Employee may continue benefits during an authorized leave without pay for the
period of the authorized leave by making payment to the City for said benefits.
(c) If there is any inconsistency between this section and the Personnel Rules and
Regulations, the Personnel Rules and Regulations shall govern.
5.2 Administrative Leave
The employees in RPPSMA shall receive one hundred and fifty (150) hours of
Administrative Leave on July 1, 2014, and each July 1 thereafter during the term of this
MOA. Subsequent to July 1, 2014, and no later than December 31, 2014, up to fifty (50)
hours of Administrative Leave may be paid in cash or its equivalent value applied
towards an approved benefit program. A single request for payment of this leave shall
be submitted to the City Manager no later than December 1, 2014. During the period
commencing January 1, 2015, and no later than June 30, 2015, up to fifty (50) additional
hours of Administrative Leave may be paid in cash or its equivalent value applied
towards an approved benefit program. A single request for payment of this leave shall
be submitted to the City Manager no later than June 1, 2015. Payment shall be made no
more than 30 days subsequent to the approval of the request by the City Manager. Any
unused Administrative Leave hours remaining on June 30, 2015 shall expire and shall not
be carried over to the subsequent fiscal year. Use of Administrative Leave is
unrestricted.
Employees shall follow the same leave cash out schedule in July 2015, January 2016, July
2016, and January 2017.
5.3 Catastrophic Leave
Leave benefits shall be provided as outlined in City Council Resolution No. 2001 -270,
adopted December 11, 2001.
5.4 Hearing Aid Benefit
That the City shall reimburse employees up to eighty percent (80 %) with a lifetime
maximum of nine hundred dollars ($900) for hearing aid devices.
5.5 Paternity Leave
Regular employees may use up to three (3) days accrued residual sick leave or annual
leave for paternity leave, following the birth of a child.
5.6 Family and Medical Leave
Employees may request an unpaid leave of absence under the California Family Rights Act
(CFRA) and /or the Federal Family Medical Leave Act (FMLA). Requests for family and
medical leave shall comply with the requirements of the CFRA and /or the FMLA.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 8
5.7 Light or Limited Duty
Employees injured or ill from either on- the -job (industrial) or off - the -job (non - industrial)
causes may, at the City's sole discretion, be assigned to light, limited, or modified duty.
They may be assigned duties that differ from the normal work duties of the employee. By
virtue of this paragraph, City does not intend to create any permanent light, limited or
modified positions.
5.8 Americans with Disabilities Act
The City recognizes it has an obligation under law to comply with the Americans with
Disabilities Act (ADA).
5.9 Employee Death
Upon death of an employee, any unused Annual Leave and Administrative Leave shall be
paid to the employee's surviving spouse or beneficiary. in the absence of a spouse or
beneficiary, any unused Annual Leave and Administrative Leave shall be paid to the
primary beneficiary specified by the employee on the employee's enrollment /beneficiary
card for City provided life insurance.
5.10 Medical and Health
Employees will have a choice of Kaiser Permanente (Traditional $20 Co -Pay Plan,
Traditional $40 Co -Pay Plan and NSA) or Anthem Blue Cross Prudent Buyer Plan
(Traditional $250 Deductible Plan and HSA) through REMIF or any other comparable
health plan offered by the City.
(a) The City will contribute up to the following amount per month toward the cost of
employee medical insurance premiums at the employee's enrollment level:
Enrollment Level
2014 -2015
2015 -2016
2016 -2017
Employee Only (Single)
$469.00
$485.00
$500.00
Employee + 1 (Two Party)
$938.00
$971.00
$1,000.00
Employee + 2 (Family)
$1327.00
$1,373.00
$1,400.00
(b) As a result of any Federal or State law enacted subsequent to the effective date of this
MOA, City shall make an effort to maintain the level of benefits as provided for in this
MOA.
(c) Alternate Benefit: Eligible employees may receive an alternate benefit of $350.00 per
month when having health insurance from a source other than the City. This benefit shall
be provided as outlined in City Council Resolution No. 2007 -178, adopted October 23,
2007.
(d) Joint Commitment to Affordable Health Care
The parties are committed to providing quality and affordable health care for all
members. Ninety (90) days prior to open enrollment, parties will work together through
their Joint Labor Management Committee to review preliminary health care rates and
discuss any potential changes to plan design to reduce costs. Any changes to plan
designs, including providers, will be made by mutual agreement during the term of the
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 9
MOA. However, changes necessitated by REMIF's transition from fully insured plans to
self- insured plans are outside the scope of this agreement.
5.11 Dental Insurance
The City shall offer employees and their eligible dependents, a dental insurance program
under the terms as set forth below:
(a) The City shall pay the applicable costs during the term of this Agreement. Premiums will
be set by the insurer, or if self- insured by the City, using fiscally prudent methods. The
City shall provide a copy of the summary description of the dental program offered by the
City to each employee upon request.
(b) In general, the program includes basic dental insurance coverage of payment to Delta
Dental PPO network dentists of the indicated percentage up to the maximum of $2,000
for each eligible person (e.g. employee, spouse /domestic partner, dependents) per year
for the following benefits:
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. Fifty percent (50 %) of the cost of orthodontics with a one thousand five hundred
dollar ($1,500) lifetime maximum benefit per person.
vi. Services rendered by dentists outside of the Delta Dental PPO network (including
Delta Dental Non -PPO dentists) are covered at a reduced rate; are subject to the
limitation of section (v) above and a one thousand five hundred dollar ($1,500)
lifetime maximum orthodontic benefit per person.
5.12 Vision Insurance
The City shall offer employees and their eligible dependents, a vision insurance program
under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases during the
term of this Agreement. Premiums will be set by the insurer, or if self- insured by the
City, using fiscally prudent methods. The City shall provide a copy of the summary
description of the vision insurance program offered by the City to each employee
upon request.
(b) In general, the program includes an eye examination once each twelve (12) months,
lenses once each twelve (12) months, and frames once each twenty -four (24) months.
An employee may purchase contact lenses in lieu of the framed lenses referenced
above. For details, allowances and restrictions refer to the Plan documents.
5.13 Adoption Benefit
That the City provide a six hundred dollar ($600) per child cash benefit to employees
adopting minor children to help offset the cost of adoptions. This cash benefit does not
include the cost of adopting step - children, i.e. children of present spouse.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 10
5.14 Death /Bereavement Leave
(a) A regular employee shall be paid up to three (3) days of bereavement leave when there is
a death in their immediate family.
(b) Additionally, a regular employee may, subject to approval of the supervisor, use two (2)
additional days of the employee's accrued residual sick leave bank or annual leave if the
employee must travel out of the area, i.e., at least two hundred and fifty (250) miles one
way.
(c) Immediate family in this case means: spouse, domestic partner, father, father -in -law,
mother, mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including step-
children), step - parents, aunts, uncles, grandparents, grandparent -in -law, grandchildren
and relationships in loco- parentis, and close personal relationships, with the approval of
the City Manager or his /her designee.
5.15 Funeral Benefit
City will provide fifty percent (50 %) co- payment, not to exceed two thousand dollars
($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit
will be considered secondary to and shall be coordinated with any and all other funeral
benefits that may be payable to employee or spouse.
5.16 Long -Term and Short -Term Disability Insurance
The City shall provide, at no premium cost to employees, long -term disability income
protection insurance coverage. The basic benefit shall be sixty six and two thirds percent
(66 2/3 %). In no event shall the employee receive more than full salary. The benefits
provided under this section are subject to the characteristics of the individual program.
The waiting period for the above long -term disability benefits plan shall be ninety (90)
days.
The City will provide a short -term disability insurance program which includes income
replacement of 60% and benefits coordination to employees.
5.17 Life Insurance
(a) The City will provide, at no premium cost to employees, one hundred thousand dollars
($100,000) life insurance coverage provided to employees and five thousand dollars
($5,000) for dependents, and which coverage includes accidental death and
dismemberment benefits.
(b) The City will allow, subject to the insurance carrier's approval, any employee to purchase,
at his or her own cost additional life insurance coverage under the City's group program.
5.18 Deferred Income
The City will continue to make available to the employees a deferred income program,
now being administered by Nationwide and International City Management Association
(ICMA) or a similar program with another institution acceptable to City.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 11
5.19 Retired, Deceased and /or Permanently and Totally Disabled Employees
1. Definition of Terms
a. "Eligible Employee" means any regular full -time or regular part -time benefited employee
hired by the City before July 1, 2007, and who actively participates in and contributes to
the CaIPERS Retirement System, and who will be entitled, when eligible, to receive a
retirement allowance from CalPERS.
b. "Retired Employee" or "Retiree" is a regular full -time or regular part -time benefited City
employee hired before July 1, 2007 who retires from the City and thereafter receives a
retirement allowance from CalPERS. Retirement includes service retirement or disability
retirement from the City of Rohnert Park.
c. "Employees Hired on or After July 1, 2007" means any regular full time or regular part -
time benefited employee hired by the City on or after July 1, 2007, and who actively
participates in and contributes to the CalPERS Retirement System, and who will be
entitled, when eligible, to receive a retirement allowance from CalPERS. Employee Hired
on or after July 1, 2007 are entitled to the retiree health benefit set forth in Section
5.19(2)(b) below.
d. "Continuous City Service" is defined as being continuous regular full -time or regular part -
time benefited City employment for calculating length of continuous service and service
credit. 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.
2. Retirement Medical Benefits for Employees Hired Prior to July 1, 2007
This Section does not apply to any Eligible Employee Electing the Alternate Retiree Medical
Benefit option in Section 5.19(3).
(a) The City agrees to provide /offer and make a medical insurance premium contribution as
specified:
1. To Eligible Employees who retire effective on or before December 31, 2014 and
have at least fifteen (15) years of Continuous City Service and who retire upon
reaching retirement age or thereafter and are receiving a retirement allowance
from CalPERS, the City will make a medical insurance premium contribution toward
the applicable early retirement premium or Medicare - eligible premium as outlined
in Attachment B "Insurance Premium Contribution Rate Schedule." To Eligible
Employees who have at least fifteen (15) years of Continuous Service with the City
and retire after December 31, 2014, the City will make a medical insurance
premium contribution toward the applicable early retirement premium or
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 12
Medicare - eligible premium as outlined in Attachment C "Insurance Premium
Contribution Rate Schedule for Employees that Contribute 50% of the Normal
Cost." Coverage will extend to one eligible dependent. Said employees shall be
referred to as "Retired Employees."
(a) Employees with less than 15 consecutive years of service with the City receive
no City fringe benefits, i.e. medical, dental, vision, life insurance at retirement
(b) Calculation of premium will be prorated for regular, part -time employees.
(c) Employees must retire concurrent with termination of service with the City to
be eligible for this benefit (no vesting).
(d) The City's share of the premium costs for all retirement benefits as described
herein shall not exceed the amount described in the attached Attachment B
"Insurance Premium Contribution Rate Schedule ", or Attachment C
"insurance Premium Contribution Rate Schedule For Employees that
Contribute 50% of the Normal Cost" and shall not include payment of
Medicare B premiums.
(e) To help defray the costs of retirement medical benefits described above,
effective the first full pay period that begins on or after August 1, 2014,
Eligible Employees that have not elected to participate in the "Alternate
Retirement Medical Benefit Option" provided in Section 5.19(3) below, and
have not provided the City with written notice of their intent to retire
effective on or before December 31, 2014, shall contribute fifty percent (50 %)
of the normal cost of their respective benefit throughout the course of his or
her remaining employment, including all periods the individual is not actively
providing service to the City.
(i) The parties have calculated fifty percent of the current normal cost to be
$3,932.00 per year (payable in 25 equal payments of $151.23). An Eligible
Employee who maintains his /her existing benefit will pay $151.23 per pay
period on a pre -tax basis beginning with the first full pay period that
begins on or after August 1, 2014. These contributions will be irrevocable
and deducted from an employee's bi- weekly paycheck on a pre -tax basis
and will end upon retirement. An Eligible Employee who elects to
maintain his /her existing benefit may not thereafter withdraw this
election for any reason, including actual financial hardship. In addition,
no employee will be entitled to receive a refund of these monies for any
reason. Any Eligible Employee who leaves City employment and does not
retire from the City will forfeit his or her choice of this benefit. The
normal cost calculation will be revised with the City's next GASB 45
Actuarial Valuation prepared by the City's actuarial expert utilizing the
same discount rate as adopted by the City in its July, 1, 2013 GASB 45
Actuarial Valuation.
(ii) Insufficient Paycheck Funds for Deduction of Required Contribution.
Since the cost sharing contribution is mandatory for Eligible Employees
that elect to maintain their existing benefits, the employee's obligation to
make the contribution does not end when he or she is on a paid or unpaid
leave of absence or in any status where there are insufficient funds
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 13
available in his or her paycheck to cover this contribution after other
mandatory deductions have been taken subject to applicable federal tax
laws. The employee will be required to make -up any deficiency in cost
sharing contributions by a lump sum pre -tax deduction from his or her
paycheck within sixty (60) days after the date the employee has sufficient
funds to pay the required contributions through payroll, or, if this lump
sum payment is not made during this time frame, the City will deduct
double the normal deduction amount from each paycheck on a pre -tax
basis until all missed contributions are paid in full. If the employee retires
from City employment without having paid all mandatory cost sharing
contributions, the employee will forfeit the benefit.
(f) The cost sharing provisions of paragraph (vi) shall not apply to members who
provide written notice of their intent to retire effective on or before
December 31, 2014; such employees will be subject to the benefits provided
in Section 5.19(2) and Attachment B "Insurance Premium Contribution Rate
Schedule."
2. To regular full -time or regular part -time employees hired before June 30, 2007 who:
(a) Have at least ten (10) years of continuous service with the City, and;
(b) Are retired forthwith from the City of Rohnert Park service into CaIPERS at the
time of permanent or total disability, and;
(c) Are permanently and totally disabled from their occupation and unable to
perform with reasonable continuity the material duties of their own
occupation. After twenty -four (24) months if gainful employment is obtained
in an occupation in which the material duties are reasonably fitted by
education, training, experience and compensation to the occupation at the
time of disability, the employee shall no longer be considered permanently
and totally disabled from their occupation. In such circumstances, benefits
shall be discontinued.
(d) Said employees shall be referred to as "Retired Employees" except for the
circumstance noted above in which the employee is no longer permanently
and totally disabled. Coverage will extend to eligible spouse, registered
domestic partner, and dependents.
(e) The City will make a medical insurance premium contribution toward the
applicable early retirement premium or Medicare - eligible premium as
outlined in the attached Attachment C "Insurance Premium Contribution
Rate Schedule for Employees that Contribute 50% of the Normal Cost." The
City's share of the premium costs for all retirement benefits as described
herein shall not exceed the amount described in Attachment C, and shall not
include payment of Medicare B premiums. Coverage will extend to eligible
dependents.
3. To the surviving spouse, registered domestic partner, and legal dependents of a
regular full -time or regular part -time employee hired before June 30, 2007 who died
while a City employee after ten (10) or more years of continuous service with the
City. Said employee shall be referred to as a "Deceased Employee."
4. The City agrees to provide /offer and pay to regular full -time or regular part -time
employees hired before June 30, 2007, the premium(s) as provided for active
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 14
employees at time of retirement for life insurance, dental care, and vision care
benefits for retired employees and eligible dependents. Calculation of premium will
be prorated for regular, part -time employees.
5. Benefits provided under this section shall be coordinated with Medicare, Medi -Cal,
and any other welfare program available of which said benefit coverage shall be
considered primary and City provided coverage in turn considered secondary.
6. All benefits provided under this section are subject to the characteristics of each
individual benefit program. The life insurance to be provided will be the life
insurance plan amount in effect and in accordance with the provisions of the life
insurance program as of the date of employee's retirement.
7. The benefits provided under this section will continue for such retired employees
and their spouse, registered domestic partner, and legal dependents, if any, while
said retired employee is alive. In the event of the retired employee's death,
coverage will continue for the spouse or registered domestic partner until the
spouse or domestic partner dies, remarries, or forms another registered domestic
partnership. In addition, the benefits provided under this section will continue for
said retired or deceased employee's legal dependent children who qualify as an
Internal Revenue Service dependent until said children reach the maximum age limit
specified by state or federal law, or the spouse or registered domestic partner
marries, or forms another registered domestic partnership whichever occurs earliest.
8. Continuous City service is defined as being continuous regular full -time or regular
part -time City employment only for calculating length of continuous service under
this section. Part -time (non- benefited) employment and approved unpaid leaves will
not be used in calculating length of continuous service under this section. Any
separation from City employment will void any previous accrual towards length of
continuous service for purposes of this section, unless otherwise waived by the City
Manager and due to extenuating circumstances. Layoffs with subsequent restoration
and approved City paid or unpaid leaves do not constitute separation from City
service (and therefore will not void any previous accrual towards length of
continuous service) for the purpose of this section.
9. Any retired employee who, after retirement from the City, becomes employed
elsewhere and is covered by medical, life insurance, health, dental or vision care
benefits by his /her new employer, said coverage provided by the City to the retired
employee will be considered secondary to the coverage provided by his /her new
employer, his /her new employer's coverage shall be considered primary.
10. Any spouse or registered domestic partner of a deceased employee or deceased
retired employee who is receiving benefit coverage as provided under this section,
becomes employed and is covered by medical, health, dental or vision care benefits
by his /her employer, said coverage provided by City will be considered secondary to
the coverage provided by the spouse's or registered domestic partner's employer,
and his /her employer's coverage shall be considered primary.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 15
3. Alternate Retirement Medical Benefit Option For Employees Hired Prior to July 1,
2007
(a) The Alternative Retirement Medical Benefit
Eligible Employees may voluntarily elect, at the member's sole discretion, to opt out of the
retirement medical benefit provided in Section 5.19(2) above.
Eligible Employees electing to opt out of the defined retirement medical benefit provided in
Section 5.19(2) and Attachment B / Attachment C of this Agreement must notify the Human
Resources Director, in writing, of their irrevocable decision to opt out of the benefit on or
before August 1, 2014.
Eligible Employees electing to opt out of the defined retirement medical benefit provided in
Section 5.19(2) and Attachment B /Attachment C of this Agreement shall receive the following
Alternative Retirement Medical Benefit, which shall be fully vested upon receipt of the Eligible
Employee's written notice by the HR Director. Eligible Employees electing this opt -out option
shall not be subject to any cost - sharing requirements (i.e., normal cost) during the term of
their employment.
(i) On or before January 15, 2015, after receiving notice of an Eligible Employee's
decision to opt out of the defined retirement medical benefit provided in Section
5.19(2) and Attachment B / Attachment C of this Agreement (with such notice due on
or before August 1, 2014), the City shall establish a Retiree Health Savings Account
(RHSA) (or substantially similar investment account in the eligible employee's name)
for the Eligible Employee. The City shall contribute $2,500.00 per year of Continuous
City Service into the RHSA. For purposes of the service credit calculation, eligible
employees shall receive service credit on a pro rata basis by month and days of
service as of January 1, 2015.
(ii) Upon retirement from the City, the City will provide the Retired Employee with $500
per month for the cost of retirement healthcare premiums until the Retired Employee
reaches the age of Medicare eligibility. These funds shall be provided to each member
in a manner to be determined by the parties on or before December 31, 2014.
However, the parties agree that these funds shall be provided in a manner that
permits each member to utilize the contributions for selecting the medical insurance
of his /her choice, and if possible, on a pre -tax basis. In the event of the Retired
Employee's death, the benefits provided by the City to the Retired Employee under
this section will not continue for the survivors or dependent children of the Retired
Employee.
(iii) Retired Employees may participate at their own expense in the City's group health
insurance.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 16
(b) The Alternative Retirement Medical Benefit for Eligible Employees Who Retire Prior
to January 1, 2015
In the event an Eligible Employee elects to retire prior to January 1, 2015 subject to the terms
of this Agreement and the benefit provided in Section 5.19(3) above, the RHSA (or
substantially similar account) shall be established and funded prior to the date of retirement.
As such, employees must give thirty (30) days' notice to the Human Resources Director.
(c) Dental and Vision Benefits For Eligible Employees
(i) Upon retirement, City will provide /offer and pay on behalf of Retired
Employees, the premium benefit(s) as provided for active employees at the
time of retirement for dental care and vision care benefits for retired
employees and one eligible dependent until the Retired Employee reaches
the age of Medicare eligibility or elects to leave the City dental and vision
system. Calculation of premium benefit will be prorated for regular, part -
time employees.
(ii) In the event of the Retired Employee's death, the benefits provided by the
City to the Retired Employee under this section will not continue for the
survivors or dependent children of the Retired Employee.
(iii) Any Retired Employee who, after retirement from the City, becomes
employed elsewhere and is covered by dental or vision care benefits by
his /her new employer, said coverage provided by the City to the retired
employee will be considered secondary to the coverage provided by his /her
new employer, his /her new employer's coverage shall be considered primary.
Retired employees are required to notify the City's Human Resources
Department of any additional insurance coverage from new employers.
4. Retiree Health Benefits for Employees Hired On or After July 1, 2007
Beginning July 1, 2014, Employees Hired On or After July 1, 2007, shall be eligible for the
following benefits:
(i) Effective July 1, 2014, the City will contribute $100.00 per month for active
employees in paid status to a Retiree Health Savings Account (RHSA). The
monthly contribution will end upon the employee's date of retirement or
separation from the City.
(ii) The City's contribution to an employee's RHSA shall be considered vested as
to an employee terminating City employment with five (5) or more
consecutive years of City service.
(iii) Calculation of contribution will be prorated for regular part time employees.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 17
(iv) Subject to the eligibility criteria of REMIF and /or insurance plans, employees
hired after July 1, 2007 may participate as retirees at their own expense in the
City's group health insurance.
5.20 Education and Training
The City will provide an education and training assistance program to provide
reimbursement to employees for tuition and book costs only for attending and
completing, with a satisfactory grade (C or better), courses in the adult high school
program, at Santa Rosa Junior College, at Sonoma State University or any other
educational institution acceptable to the City. All courses or classes for which
reimbursement will be requested must be previously approved by the Supervisor and the
City Manager prior to the start of said classes and approval requested on the appropriate
City form. The maximum allowed amount reimbursable for tuition is one thousand dollars
($1,000) per instructional period plus books and materials, with a total reimbursable
amount not to exceed three thousand dollars ($3,000) per calendar year.
5.21 Longevity and Incentive Pay
(a) The City shall provide longevity pay to employees based on continuous years of
service, as defined in Section 5.19 (1)(d) as follows:
Completed Years of Service
Pay Percentage Increases
5 years
2%
For each year completed thereafter
%2%
The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base
pay. The "completed years of service" will be determined on January 15Y and July 1St
only and not on an employee's employment anniversary date.
Longevity Pay Program as outlined in Section 5.22 shall not apply to personnel hired
after October 10, 1995.
(b) The City will provide P.O.S.T. Certification Pay to Commanders based upon receipt of
a Supervisory or Management P.O.S.T. Certification. The amount of the Supervisory
P.O.S.T. Certification Pay will be seven percent (7%) of base salary per month. The
amount of the Management P.O.S.T. Certification Pay will be eight and one half
percent (8.5%) of base salary per month. The incentive payments provided above are
not cumulative. Only one of the two P.O.S.T. Certification Incentives will be paid per
employee.
5.22 Retirement Programs
(a) For all local safety members hired before January 1, 2012, the City will continue to
provide the California Public Employees' Retirement System (CaIPERS) three percent
(3.0%) at fifty (50) retirement program instituted July 1, 2007, which includes the
"one -year highest compensation" optional provision. Effective June 18, 2012, the City
will provide the California Public Employees' Retirement System (CaIPERS) three
percent (3.0 %) at fifty -five (55), highest three year average program to local safety
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 18
members hired on or after this date. Effective January 1, 2012, all employees,
regardless of program, will pay the required member contribution; however, in no
event shall local safety members contribute more than 9% to CaIPERS for their
retirement benefits.
i. The City will absorb any employer contribution rate increases for local safety
members required by CalPERS.
ii. The City will continue to modify the CaIPERS Annual Cost -of- Living Allowance
Increase (Section 21335) to provide for a 2.0% annual maximum cost -of- living
increase for employees hired after December 31, 2007. Employees hired prior
to December 31, 2007 shall be eligible for the 5.0% annual maximum cost -of-
living allowance increase as defined in Section 21335.
(b) New Local Safety Members Hired On or After January 1, 2013
i. Effective January 1, 2013, the City will provide the CaIPERS two point seven
percent (2.7%) at fifty -seven (57), highest three year average program to new
local safety employees (who meet the definition of a new member under
Gov't. Code 7522.04(f)) hired on or after January 1, 2013.
ii. Effective July 1, 2013, such new local safety members hired on or after
January 1, 2013, shall contribute at least fifty percent (50 %) of the normal
cost rate to CalPERS.
iii. Pensionable compensation does not include monies paid to new local safety
members for bonuses, uniform allowance, overtime allowance or
reimbursement for housing and vehicles, or any ad hoc or one -time payments
pursuant to Government Code Section 7522.34(c).
(c) The City makes no representation concerning the value of this benefit or how it may
be taxed or treated by other agencies either presently or in the future. The City's
obligation under this section is limited to the direct cost of providing the benefit as
described. The City shall assume no further or additional financial obligation even if
an outside agency imposes or determines there to be a financial obligation for the
City or the employee.
5.23 Dependent Care Assistance Program
City will continue to provide the Dependent Care Assistance Program (DCAP) as
authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars
for childcare as approved by the Internal Revenue Service (IRS) and the California
Franchise Tax Board.
5.24 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.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 19
5.25 Counseling Services
Payment by the City of any unreimbursed costs, up to a maximum City reimbursement of
one thousand dollars ($1,000) per household per calendar year, for professional
counseling service charges which are not paid for by City - provided or other insurance
which the employee may have.
6. Safety Equipment
6.1 Replacement Equipment
City will continue to furnish replacement equipment as needed for the equipment that
the City is required to furnish per the Government Code. Said equipment consists of
department- issued weapons, holster, belt and ammunition, nightstick, handcuffs, safety
vests, raincoats and rain boots. Equipment furnished by City shall remain the property of
City with the exception of any personal purchases made by present officers.
6.2 Personal Equipment
City shall replace, with the Director of Public Safety's approval and up to the amount
specified in Department of Public Safety policy, any personal equipment lost, destroyed or
damaged beyond repair while used in the line of duty. Items shall not be replaced if worn
because of normal wear and tear.
6.3 Safety Glasses and UV Eye Protection (Sunglasses)
City will reimburse for primary prescription safety glasses to those employees required by
City to wear them. Such employees will not be entitled to receive a first set of glasses
under the general vision care program referred to in Section 5.13 but may utilize the
general vision care program for subsequent pair(s) of glasses, within the terms of the
program. City will reimburse for sunglasses providing UV protection, not to exceed one
hundred and fifty dollars ($150) per employee per year, for use by Public Safety
Commanders authorized to operate Public Safety vehicles.
7. Compensation Adjustments
7.1 Total Compensation & Compaction Analysis
The City and RPPSMA desire to ensure that the difference between the total
compensation of Commanders and the total compensation of Sergeants is sufficient to
encourage rather than discourage Sergeants from considering promotional opportunities.
Total compensation is defined to be the cost to the City to provide salary, stipends,
incentives, other negotiated monetary agreements (with the exception of Longevity Pay,
Shift Differential Pay & Specialty Assignment Pay & In- District Pay), health benefits, and
contributions to the California Public Employees Retirement System.
7.2 Compaction Trigger
Effective June 30, 2011 the compaction agreement below goes into effect. To avoid
salary compaction between Public Safety Sergeants and Public Safety Commanders, the
City agrees to maintain a minimum of 13.41% separation between the total compensation
of a Step E Public Safety Sergeant (89S) and the total compensation of a Step E Public
Safety Commander (95P). (See Attachment A for detail.) If agreements are made
between the City and RPPSOA resulting in an increase in Sergeants' salaries after June 30,
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 20
2011, this compaction trigger will be in full force and effect and the City will adjust the
steps of the Lieutenant salary range to maintain a 13.41% total compensation difference
between a Step E Public Safety Sergeant (89S) and a Step E Public Safety Commander
(95P).
7.3 Critical Incident Call Out Pay
For those Public Safety Commanders who are called out for critical incidents, they shall be
entitled to time and one -half with a minimum of three (3) hours. Critical incidents are
defined as events that occur very infrequently and would include incidents such as a
major structure fire or a police homicide event. The overtime must be approved by the
Director of Public Safety. The overtime provision will generally include call -out for the
Commanders on days other than during their regular days of work as may be determined
from time to time by mutual agreement of an employee and his /her supervisor. The call
back would not include routine fire call -out or other police assignments normally
expected of Commanders in the normal course of their assignments. This extra time spent
on City business is compensated by the Administrative Leave hours provided each year.
7.4 Court Time Pay
Department of Public Safety employees shall receive the equivalent of three (3) hours pay
if required to testify in court on off -duty time.
7.5 Police and Fire Services
(a) Public Safety Commanders may volunteer to work police and fire service shifts. The
Director of Public Safety, at his /her sole discretion and only if he /she deems it necessary,
may approve the use of Public Safety Commanders to work police and fire service shifts
under the following terms and conditions:
1. Commanders are paid closest to their usual hourly rate during the time they work
shifts in the police and fire services.
2. All time worked, and payment for time worked, shall be pre- approved by the
Director of Public Safety or his /her designee.
3. The work by Commanders in the fire services shall not interfere or conflict with
the regular work of the Commanders as determined by the Director of Public
Safety.
4. The Director of Public Safety may assign Commanders to work patrol, as
operationally necessary.
5. The receipt of pay for time so worked by Commanders does not defeat or
otherwise affect their exempt status under the Fair Labor Standards Act.
7.6 Paychecks
Paychecks shall be distributed by City to employees by noon on payday.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 21
7.7 Salary Adjustments
(a) Effective the first full pay period in July 2014, all members shall receive a one-
time payment of three percent (3%) of their salary (including stipends). This
is non - pensionable.
(b) Effective the first full pay period in July 2015, all members shall receive a one-
time payment of three percent (3 %) of their salary (including stipends). This
is non - pensionable.
(c) Effective the first full pay period in July 2016, all members shall receive a
three percent (3 %) increase to base salary in pensionable compensation.
One -time payments will be included in a regular payroll check or in a separate check
at the member's election.
7.8 Ratification Bonus
Upon ratification of this Agreement by RPPSMA and the City of Rohnert Park, the City
shall pay to each employee a ratification bonus of $500.00. This bonus will be paid in one
lump sum in the first pay period for the fiscal year 2014/15. The ratification bonus is
taxable and all regular payroll taxes will be withheld unless deferred into a 457 account.
8. Alcohol and Drugs
The City agrees to continue to work together to assist any employees who have an alcohol,
alcohol related, drug or substance abuse problem. It is mutually acknowledged that continued
cooperative efforts would give employees a much better opportunity to recover from this
very serious health problem.
Since certain City employees are required to drive City vehicles, to think clearly and act
responsibly as well as use various types of equipment, and it is known that drinking alcoholic
beverages or taking certain drugs may slow a person's reflexes and ability to think clearly, the
probability of having an accident is increased after drinking alcohol or taking certain drugs.
The City recognizes that this situation could place the employee as well as co- workers and the
public at risk of injury.
8.1 Alcoholic Beverages or Other Drugs
Alcoholic beverages, or other drugs which affect an employee's ability to drive or function
safely, shall not be used by employees during their assigned regular workday, nor while
on assigned standby duty.
8.2 Off Duty Hours
If an employee who has been drinking alcohol or using a drug which may impair the
employee's ability to drive or function safely receives a call to return to work during off
duty hours, the employee must decline the request to work.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 22
8.3 Prescription Drugs
Employees using prescription drugs that affect the employee's ability to work safely must
inform their supervisor and may be assigned to other appropriate duties or required to
take leave.
9. Residency
All sworn RPPSMA personnel shall receive an additional $150 per month "In- district" pay if
they physically reside within the incorporated areas of Windsor, Santa Rosa, Rohnert Park,
Cotati, Petaluma or Sebastopol or reside within unincorporated areas that are within 10
driving miles per MapQuest from any one of the Rohnert Park Public Safety stations. The
Director of Public Safety will determine eligibility for "In- district" pay. This program is
eliminated effective January 1, 2012, and employees hired after this date will not receive "in-
district" pay. Employees receiving "In- district" pay as of this date shall retain it unless they
become ineligible. Should an employee lose eligibility, no re -entry to the program is
permitted.
10. Grievance Policy and Procedure
10.1 RPPSMA and City agree to comply with the grievance procedure outlined in Resolution No.
79 -22, adopted February 13, 1979, a copy of which is attached hereto. Failure to meet any
timeline or specifically comply with any other requirement of the grievance procedure
constitutes a specific waiver and is a bar to further consideration of the grievance.
10.2 The "Employee Grievance Procedure Resolution" (Resolution No. 79 -22), incorporated by
reference in this Agreement, provides for the processing of non - disciplinary grievances.
The parties agree to review the grievance procedure for purposes of achieving greater
efficiencies and cost reductions as well as enhancing communication between the City, the
Association and Unit members. The parties will conduct a joint labor- management
study /evaluation of the current grievance procedure in an attempt to mutually agree on
modifications beneficial to all parties.
11. Use of City Facilities
Use of Sports Center and Lap Swimming Program: Employees and their spouse, domestic
partner, and eligible dependents (as defined by City eligible dependent policy), will be allowed
to participate with no fee imposed in open gym time and use the weight room and locker
room facility at the Sports Center when such facilities are open and also participate in the Lap
Swim Program conducted at the City's swimming pools. In the event that the City determines
that such use of the Sports Center by spouse, domestic partner and dependents of employees
adversely impacts the public's access to the Sports Center facilities, the parties will re -open
this Section 11. Other activities requiring payment of a fee can be discussed with the City
Manager for consideration of a waiver of part or the entire fee.
12. Management Rights
Except as limited in this MOA and applicable State laws, the exclusive rights of the City shall
include, but not be limited to, the right to determine the organization of city government and
the purpose and mission of its departments and agencies, to determine the nature, levels and
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 23
mode of delivery and for set standards of service to be offered to the public; and through its
management officials to exercise control and discretion over its organization and operations;
to establish and effect administrative regulations which are consistent with law and the
specific provisions of this MOA; to direct its employees and establish employee performance
standards and to require compliance therewith; to take disciplinary action; to discharge,
suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise
discipline employees subject to the requirements of applicable laws; to layoff its employees
whenever their positions are abolished, or whenever necessary because of lack of work or
lack of funds, or other legitimate reasons; to determine whether goods or services shall be
made, purchased, or contracted for; to determine the methods, means, and numbers and
kinds of personnel by which the City's services are to be provided; including the right to
schedule and assign work and overtime; and to otherwise act in the interest of efficient
service to the City; and to take all necessary actions to protect the public and carry out its
mission in emergencies.
13. Work Curtailment (No Strike Clause)
Under no circumstances shall any employee individually or collectively cause, sanction, honor
or engage in any strike, sit -down, stay -in, sick -out, slow -down, speed -up, work to rule or any
other type of job action, curtailment of work, restriction of production or restriction of service
during the term of this MOA.
14. Term of MOA
This MOA shall become effective on July 1, 2014 Through June 30, 2017.
15. Invalidation
15.1 Suspension of Agreement
If during the term of this MOA, any item or portion thereof of this MOA is held to be
invalid by operation of any applicable law, rule, regulation, or order issued by
governmental authority or tribunal of competent jurisdiction, or if compliance with or
enforcement of the item or portion thereof shall be restrained by any tribunal, such
provision of this MOA shall be immediately suspended and be of no effect hereunder so
long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a
part or portion of this MOA shall not invalidate any remaining portion that shall continue
in full force and effect.
15.2 Replacement
In the event of suspension or invalidation of any article or section of this MOA, City
agrees, that except in an emergency situation, to arrive at a satisfactory replacement for
such article or section.
16. Non - Discrimination
City acknowledges that in receiving the benefits afforded by this MOA, no person shall in any
way be favored or discriminated against to the extent prohibited by law because of political or
religious opinions or affiliations, or because of racial or national origin, or because of age, sex
or sexual preference, or physical or mental disability.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 24
17. Personnel Files
Employees or their duly authorized representative have the right to inspect his or her
personnel file maintained on him or her by the City. Employees have the right to respond in
writing to anything contained or placed in their personnel file and any such responses shall
become part of their personnel file.
18. Employee Performance Evaluations
Employees have the right to respond in writing to the evaluation report should they so desire.
Said responses should be submitted to the reviewer no later than thirty days after the
evaluation interview.
19. Personnel Rules and Regulations
City Agrees to meet and confer with RPPSMA regarding any updates or changes to its
Personnel Rules and Regulations.
20. Succeeding Agreement
Negotiations for the period commencing July 1, 2017 shall begin on or before February 1,
2017, by which time RPPSMA shall submit its proposals to the City Manager. Said submittal
shall include an estimated percentage decrease or increase in the cost of proposals compared
to the provisions of this agreement.
21. Complete Understanding
The terms and conditions contained in this MOA represent the full, complete, and entire
understanding of the parties of matters within the scope of representation. RPPSMA
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 parties is required to be signed by an authorized
representative of RPPSMA and the City Manager or his or her designee.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 25
CITY OF ROHNERT PARK
Darrin Jenkins, City Manager
Date
By:
Mayor
Resolution No:
Attest:
JoAnne Buergler, City Clerk
Approved As to Form:
ROHNERT PARK PUBLIC SAFETY
MANAGERS' ASSOCIATION (RPPSMA)
Jeff Taylor, President Date
Patrick Strouse, Vice President Date
Mike Bates, Secretary /Treasurer Date
IVII I c wIaIa.ncua INcnyvn, a-ILY r L%vI I1cy
The following are incorporated in this agreement by reference:
• Attachment A — Compaction Agreement
• Attachment B — Insurance Premium Contribution Rate Schedule 7/1/13- 12/31/14
• Attachment C — Insurance Premium Contribution Rate Schedule for Employees that
Contribute 50% of the Normal Cost
• City Council Resolution No. 79 -22, adopted February 13, 1979 - Grievance Policy and
Procedure
• City Council Resolution No. 2007 -178, adopted October 23, 2007 - Alternate Benefit
• City Council Resolution No. 2001 -270, adopted December 11, 2001— Catastrophic Leave
• City's Personnel Rules & Regulations
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 26
►3
a
Adoption Benefit • 10
Alcohol • 22
Alcohol and Drugs
Alcoholic Beverages or Other Drugs • 22
Off Duty Hours • 22
Prescription Drugs • 23
Alcoholic Beverages or Other Drugs • 22
Alternate Benefit • 9
Americans with Disabilities Act • 9
Annual Leave • 6
C
Catastrohic Leave • 8
Compensation Adjustments • 20
Court Time Pay • 21
Critical Incident Call Out Pay • 21
Paychecks •21
Police and Fire Services • 21
Counseling Services • 20
Court Time Pay • 21
Critical Incident Call Out Pay - 21
r
Death /Bereavement Leave • 11
Deceased Employees • 12
Deferred Income 11
Dental Insurance 10
Dependent Care Assitance Program • 19
Drugs • 22
E
Education • 18
Employee Death • 9
Employee Performance Evaluations • 25
F
Family and Medical Leave • 8
Fringe Benefits • 7
Administration • 7
Adoption Benefit • 10
Americans with Disabilities Act • 9
Catastrophic Leave 8
Counseling Services 20
Death /Bereavement Leave • 11
Deferred Income • 11
Dependent Care Assistance Program • 19
Education and Training • 18
Employee Death • 9
Family and Medical Leave • 8
Funeral Benefit • 11
Health Care Tax -Free Dollar Account Program 19
Hearing Aid Benefit • 8
Life Insurance • 11
Longevity and Incentive Pay • 18
Long -Term Disability Insurance • 11
Medical and Health • 9
Alternate Benefit • 9
Paternity Leave • 8
Retired, Deceased and /or Permanently and Totally
Disabled Employees • 12
Retirement Programs • 18
Funeral Benefit • 11
G
Grievance Policy and Procedure • 23
H
Health • 9
Health Care Tax -Free Dollar Account Program • 19
Hearing Aid Benefit • 8
Holidays • 5
Alternate Day Off • 6
Day of Mourning • 6
Holidays Observed • 5
Proclaimed Holidays • 6
Hours, Days and Period of Work
9/80 Schedule • 5
Incentive Pay • 18
Invalidation • 24
Replacement • 24
Suspension of Agreement • 24
L
Lap Swimming Program • 23
Life Insurance • 11
Light Duty • 9
Limited Duty • 9
Longevity • 18
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 27
Long -Term Disability Insurance • 11
rX,
Management Rights • 23
Medical • 9
Military Training • 7
I►
Non - Discrimination • 24
0
Off Duty Hours • 22
C.
Paternity Leave • 8
Paychecks •21
Permanently and Totally Disabled Employees • 12
Personal Equipment • 20
Personnel Files • 25
Police and Fire Services • 21
Prescription Drugs • 23
Uj
Replacement Equipment • 20
Residency • 23
Retired Employees • 12
Retirement Programs • 18
Safety Equipment • 20
Personal Equipment • 20
Replacement Equipment • 20
Safety Glasses •20
Saftety Equipment
Safety Glasses and UV Eye Protection (Sunglasses)• 20
Short -term disability insurance • 11
Sick leave • See Annual Leave
Sports Center • 23
Succeeding Agreement • 25
Sunglasses • See Safety Glasses and UV Eye Protection
Suspension of Agreement • 24
T
Term of Outline • 24
Training • 18
U
Use of City Facilities • 23
Sports Center and Lap Swimming Program • 23
UV Eye Protection • 20
V
Vacation • See Annual Leave
Vision Insurance • 10
LITA
Work Curtailment (No Strike Clause) • 24
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 28
ATTACHMENT A
COMPACTION ANALYSIS: Commanders & Sergeants
This Compaction Analysis shows the current baseline total compensation comparison between the
classes of Commander and Sergeant, using an agreed -upon set of currently available stipends.
SERGEANT LIEUTENANT
$ 7,714.00 $ 9,954.00
Total Comp ** $ 9,473.00 $ 10,800.00
Percent Difference 14.01%
*Formerly "Chief Fire Officer" stipend. Renamed "Management Compensation" in 2010 -2011 MOA, and incorporated into base pay
July1, 2011 per MOA.
* *Current Benefits Package is the same between positions.
Revised November 29, 2011
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 29
Attachment B: Retiree Medical Insurance Table
PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/13 THROUGH 12/31/14
City
contribution
formula at
time of
Ongoing
retirement
monthly City
Ongoing
is:
Lowest
Lowest
contribution to
monthly City
80% of the
employee -only
employee +1
retiree
contribution to
lowest
premium cost
premium cost at
premium:
retiree premium:
cost
at time of
time of
Enroll retiree
Enroll retiree +
premium.
retirement
retirement
only.
eligible others.
80%
1 $555.11
1 $1,110.22
$444.09
$888.1.8 `.
*10 - 19.99 years of service for permanently and totally disabled retirees and deceased
employee survivors only.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 30
ATTACHMENT C: Retiree Medical Insurance Table
For Employees that Contribute 50% of the Normal Cost (Section 5.19(2))
INSURANCE PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/14 THROUGH 6/30/15
EMPLOYEES HIRED PRIOR TO JULY 1, 1993 who retire between 7/1/14 and 6/30/15.
City
Ongoing monthly
contribution
Ongoing
Ongoing monthly
City contribution to
formula at time
Lowest employee-
Lowest
City contribution
retiree premium:
of retirement
only premium
employee +1
to retiree
Enroll retiree +
is: 80% of the
cost at time of
premium cost
premium: Enroll
eligible others.
lowest cost
retirement
at time of
retiree only.
% of City
premium.
employee-
retirement
to retiree
premium:
80%
$554.47
$1,108.94
$443.57
$887.15
EMPLOYEES HIRED between JULY 1, 1993 and JUNE 30, 2007 who retire between 7/1/14 and 6/30/15
*10 -19.99 years of service for permanently and totally disabled retirees and deceased employee
survivors only.
THIS ATTACHMENT C IS TO BE AMENDED IN MAY OF EACH YEAR OF THIS AGREEMENT TO REFLECT
NEW HEALTHCARE PLAN RATES FOR ELIGIBLE EMPLOYEES THAT RETIRE DURING THE SPECIFIED
YEAR.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 31
Ongoing
City
Ongoing
monthly City
contribution
monthly City
contribution
formula at
Lowest
Lowest
contribution
to retiree
% of City
time of
employee-
employee +1
to retiree
premium:
contribution
retirement:
only
premium
premium:
Enroll retiree +
Years of
based on
80% of the
premium
cost at time
Enroll retiree
eligible others.
Service
Years of
lowest cost
cost at
of
only.
Service
premium.
time of
retirement
retirement
15-
50%
80%
$554.47
$1,108.94
$221.78
$443.57
19.99*
20 -24.99
75%
80%
$554.47
$1,108.94
$326.68
$665.36
25+
100%
80%
$554.47
$1,108.94
$443.57
$887.15
*10 -19.99 years of service for permanently and totally disabled retirees and deceased employee
survivors only.
THIS ATTACHMENT C IS TO BE AMENDED IN MAY OF EACH YEAR OF THIS AGREEMENT TO REFLECT
NEW HEALTHCARE PLAN RATES FOR ELIGIBLE EMPLOYEES THAT RETIRE DURING THE SPECIFIED
YEAR.
RPPSMA MOA ❑July 1, 2014 through June 30, 2017 Page 31
City of
EMPLOYEE GRIEVANCE PROCEDURE
RESOLUTION NO. 79 -22
TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS ............................................................... ..............................3
SECTION 1 STATEMENT OF PURPOSE ................................................................. ............................... 3
SECTION2
DEFINITIONS ................................................................................... ............................... 3
SECTION3
SCOPE ............................................................................................. ............................... 3
ARTICLE 11 -
INFORMAL GRIEVANCE PROCEDURE ................................... ..............................4
SECTION4
GENERAL ........................................................................................ ............................... 4
SECTION 5
STEP ONE — IMMEDIATE SUPERVISOR ............................................. ............................... 4
ARTICLE III - FORMAL GRIEVANCE PROCEDURE .................................... ............................... 5
SECTION6
GENERAL ........................................................................................ ............................... 5
SECTION 7
STEP TWO — INTERMEDIATE SUPERVISOR ........................................ ............................... 5
SECTION 8
STEP TFIREF, — DEPARTMENT HEAD ................................................ ............................... 5
SECTION 9
STEP FOUR — CITY MANAGER ......................................................... ............................... 5
SECTION 10
STEP FIVE — GRIEVANCE APPEALS COMMITTEE .............................. ............................... 5
ARTICLE IV - RULES OF PROCEDURE ........................................................... ..............................6
SECTION I I
COMBINING GRIEVANCES ................................................................ ............................... 6
SECTION 12
WAIVING LEVELS OF REVIEW .......................................................... ............................... 6
SECTION 13
TIME LIMITATIONS .......................................................................... ............................... 6
SECTION14
TIME OFF ......................................................................................... ............................... 6
SECTION15
PRIVACY .......................................................................................... ............................... 7
ARTICLE V - GRIEVANCE APPEALS COMMITTEE ................................... ............................... 7
SECTION 16 COMPOSITION ANI) SELECTION ........................................................ ............................... 7
SECTION17 ALTERNATE MEMBERS .................................................................... ............................... 7
SECTION 18 COMMITTEE PROCEDURE ................................................................. ............................... 7
ARTICLE VI - MISCELLANEOUS PROVISIONS ........................................... ............................... 7
SECTION19 CONSTRUCTION ............................................................................... ............................... 7
SECTION 20 SEVERABII.ITY ................................................................................. ............................... 8
Page 2
17* *0]S111[01LI l►[0 0a
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. Hoskins
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. 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.
ATTEST:
1
w
ity Clerk
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 -270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE,
ACTIVE EMPLOYEES
WHEREAS, the City has established a system and pool whereby employees of
the City of Rohnert Park may donate and use vacation hours to alleviate financial
hardship in catastrophic circumstances; and
WHEREAS, the City wishes to expand the program to include the donation of
compensatory hours; and
WHEREAS, the City agreed in the meet and confer process with employee
groups to establish a Catastrophic Leave Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Rohnert Park hereby adopts 'and approves "Exhibit A" hereby attached as it's Amended
Catastrophic Leave Program for eligible active employees,
BE IT FURTHER RESOLVED that the City hereby establishes this Amended
Catastrophic Leave Program and that the City Manager is authorized to administer said
program.
DULY AND REGULARLY ADOPTED this 11"' day of December, 2001.
CITY OF ROHNERT PARK
e.
CIT ayor
ADti AT PARK
ATTEST:
dgo
D uty y Clerk
TLORES: AYR RE ILLY: AYE SPIRO: AYE VIDAK- AIARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
RESOLUTION NO. 2004 - 299
A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF ROHNERT PARK
APPROVING REVISED PERSONNEL RULES AND REGULATIONS
WHEREAS, the City Council initially approved Personnel Rules and Regulations
on April 11, 1966 with the rules and regulations being presented as City Managers
Administrative Policy No. 1; and
WHEREAS, the City Council approved revisions to the Personnel Rules and
Regulations on April 25,1983-, and
WHEREAS, the City Council approved further revisions to the Personnel Rules
and Regulations on November 12,1991; and
WHEREAS, the existing Personnel Rules and Regulations require updating to
be in compliance with current state and federal law; and
WHEREAS, the City consulted with McDonough Holland & Allen, the law firm
representing the City's legal interests, to provide recommendations on drafting revised
Personnel Rules and Regulations compliant with existing state and federal laws, and
WHEREAS, revisions are proposed to the existing Personnel Rules and
Regulations to ensure legal compliance, provide greater .direction to City employees
regarding the City's personnel policies, and include policies enacted by the City
Council since 1991; and
WHEREAS, the revisions have been discussed with the employee organizations
as required by the meet and confer laws of the State and the revisions have received
approval by the employee organizations; and
WHEREAS, the City Council has been presented the revisions to the Personnel
Rules and Regulations and has found them satisfactory.
NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park City Council that
the Personnel Rules and Regulations presented as revised and dated November 9,
2004 are hereby approved.
DULY AND REGULARLY ADOPTED this Stn day of
ATTEST:
Deputy City Clerk
1 I ORES: AYE MACKxNLII;: A13SFNI SPRADIAN: AYE
VIDAK -MART EZ: AYF NORDIN! AYF
AYTS: (4) NOES: (0) A�IRSEN'I': (1) AI3i IFAIN: (0)
i
��
1. .
C1 I \01 WA INI R -1 I >ARK
Porsrumel Rulers rlrui Rookilalions
19
LI iL.
CITY MANAGER'S
ADMINISTRATIVE POLICY NO. 1:
PERSONNEL RULES AND REGULATIONS
NOVEMBER 9, 2004
CRY Of- R01 INF. RT PARK Page 1 of 39
Personnel Rules <and Reyulralions
CITY OF ROI ME R I PARK
Personnel Rules and Reoulalions
TABLE OF CONTENTS
SECTION 1 - IN- TRODUCTION ..................................................................
............................... PAGES 3 - 5
SECTION 2 - PAY PLANS AND COMPENSATION...,........... ...... _ ......
......... ----- .....PAGES 5- 8
SECTION 3 - BENEFITS ...... ....... ................ ......................... ............ ....... ..._..-
..................... .....PAGES 8 •- 20
SECTION 4 - -- IN -MOUSE 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
GLOSSARY - DEFINITION OF TERMS ....... .....................--------- ... ...... ....----
......... .................. PAGES 36 - 39
RESOLUTIONS EFFECTING PERSONNEL POLICIES
-- PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR
RESO 79 -22
- EMPLOYEE GRIEVANCE PROCEDURE
PESO 92 -78
EQUAL OPPORTUNITY EMPLOYER
RESO 92 -79
_ POLICY AGAINST DISCRIMINATION BASED ON DISABILITY - ADA
RESO 93 -38
- AGAINST HARASSMENT
RESO 99 -01
- ELECTRONIC MEDIA USE
RESO 91 -192
ANTI -DRUG POLICY
RESO 87 -117
- DEPENDENT CARE ASSISTANCE PROGRA. M
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 ROIJNFRT PARK Page 2 of 39
Personnel Rules and Regulalions
C:I r Y :7F ROI 1N[ R I PARK
t''c>rsonrlol Rules and IZc:gulalions
SECTION 1 -INTRODUCTION
A. P
1YM95- e - The City Manager, as Personnel Officer for the City or his1her designee, is charged with the
responsibility of the City's personnel practices. In order to establish an erluitable and uniform procedure for
dealing will) personnel rnatlers and to allract to municipal service the best and most competent persons
available, to assure that appointment and prornolions of persons will be based on merit and fitness and to
provide a reasonable degree of security for qualified employees,
established. the following rules and regulations are
Q. Coveraoe These rules and regulations apply 10 all o €flees, all regular full-time employees, regular pail
time employees, and all positions and employments in the service of the City, except;
1. Elective officers in the performance of their efective dukes and Members of appointed boards,
commissions and committees.
2. Persons engaged under contract to supply expert, professional, technical or other services.
3. Volunteer personnel, such as volunteer auxiliary firefighters and public safety reserve officers.
4: City Manager and City Attorney.
5. Probationary employees, except as expressly provided herein_
6. Limited Service Personnel (i.e. temporary or seasonal employees employed by the City not more than
six (6) months during the fiscal year for special purposes).
7. Part -time employees paid by the hour or day who do riot meet the definition of regular part -time
employees.
C. General Provisions -
1. The City expressly prohibits discrimination in employment on the basis of race, religious creed, color,
national or ethnic origin, ancestry, mental or physical disability, medical condition, marital status, sex,
sexual preference, political opinion, political affiliation or on the basis that an individual is age forty (40)
or over, or any other basis protected by federal, slate or local law.
2. An employee's work performance will be evaluated by their immediate supervisor or the supervisor's
designee at least once a year on a form prescribed by the Personnel Officer. Supervisors will discuss
their evaluations in full with each employee, outline goals and expectations, and point out where the
employee has done an outstanding job and suggest ways in which job performance can be enhanced.
3. All regular appointments include a probationary period as provided herein of not less than twelve (12)
months for miscellaneous employees, not less than twenty -four (24) months for management
employees, not less than eighteen (18) months for dispatch employees, 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
classifications).
4. Employees must be physically and mentally able to perform the essential functions of file job, with or
without reasonable accommodation.
01Y OF ROtIW[Jf I PARK Page 3 of 39
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Personnel Rules and Regulations
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.
6. Nothing herein prevents or restricts the City's right to contract for performance of expert, professional,
technical or any other services.
7. Nothing herein prevents or restricts a Supervisor from issuing departmental rules, policies of
regulations needed for the efficient operation of a City department.
8. The definitions applicable throughout these rules are set forth in the attached Glossary and are hereby
incorporated by reference.
D. Bargaining Units - If any outline of condi ►ions of employment or memorandumn of agreement between a
recognized employee organization and the City conflicts will) 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 fite
maintained under the individual's name by hls or her employing agency containing records relating to
personal data, including marital status, family members, educational and employment history, or similar
information, rnedical history, election of employee benefits, and employment advancement, appraisal, or
discipline.
1. The City maintains personnel files for all employees which contain all records, files and documentation
used to determine the employee's qualifications, performance, promotion, additional compensation, or
termination or other disciplinary action.
a.
Each employee must promptly notify the Human Resources Department of any 'changes in
relevant personal information, including but not limited to; mailing address; telephone number;
name(s) of dependent(s); and persons to contact in an emergency, along with contact
information.
b. Personnel files are deemed confidential unless the employee consents to a disclosure in writing
or the City is required to disclose such material by law. City personnel have access to
confidential personnel files only on a "need to know" basis for legitimate business reasons_
2. The City maintains a confidential file for all employees which contains all medical information about an
employee or applicant. Information in this confidential file is obtained and maintained in accordance
with state and federal law (e-g. the California Confidentiality of Medical information Act and the federal
Health Insurance Portability and Accountability Act ( "HIPAA "). City personnel have access to
confidential medical files only on a "need to know" basis for legitimate business reasons.
3. All inquiries from outside agencies, firms, or individuals concerning personnel will be referred to the
Human Resources Department for handling and response. This includes, but is not limited to,
inquiries concerning employee performance or evaluation in connection with new employment
opportunities and employment verification checks for financing purposes. 'This procedure applies to
both former and present employees.
a. Absent a written release from the employee, the Human Resources Department provides only
dates of hire and termination, position title, and pay range.
b. information disseminated to inquiring parties will be extracted from the personnel files in the
Human Resources Department_ The City's written response to inquiries will be made a part of
the employee's personnel file and will be available for his/her scrutiny.
CITY OF ROI MERT PARK Page 4 of 39
Personnel Riles and Regulations
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Personnel Rules �nxl I duha4ions
Any employee who wishes 10 review his or her personnel records slaoufd contact the Human
I?escwrces l�eparirnenl and set up an appointment at a muk)Afy agreed i.rpon tithe. The review most
be done in the presence of the I lurnan Resources ASsistant or his/her designee at tfae location where
the Gle is stored aril tat no loss of compensation to the employee. An employee may request a copy of
any c:rnploynu:nl related docurrrent that helshe has signed. This subsection does not apply to those
ernE >loy0es covered by the Public Safety Officers' Procedural I.3ill of Rights (Government Code §3300
0t seq )
a. An ertaployee is not entitled to inspect records set forth in Labor Code section 119F3.ri(d) as it may,
from time to tune, be amended. Impact records relating to the investigation of a criminal offense
or letters of reference.
b. An employee is not entitled to inspect complaints, or investigation of complaints, concerning an
event or transaction in which the employee was involved or participated to the extent that the
disclosure of such information would constitute an unwarranted invasion of personal privacy.
5. E_t>lployees have the right to respond ira wrifing to any evaluation report placed in their personnel file.
Such responses must be submitted within thirty (30) calendar days of the evaluation interview and will
be included in the personnel file records,
f , i�estrraction of Records - The employee personnel records are considered a permanent record and
all
personnel file documents are relained by the City for the duration of the employee's period of employment
rand for any subsequent period required by law.
a. 1,110 records of forn)er employees are retained in accordance with the schedule established in
Resolution 90 -16'1.
t>. Shredding destroys personnel records that have reached the time limit established in Resolution
90 -161.
SECTION 2 - PAY P!`ANS AND COMPENSATION
A- Classification Plan -
Creation of classifications. The City Council, upon recommendation by the Personnel Officer, shall
create a classification plan for City employees. Each position shall be allocated to a class identified by
Class title. Positions shall have the carne class title when they conform to the same specification or
when the positions' descriptions are sufficiently similar as to qualifications, educational requirements,
responsibilities, level of supervision, and other characteristics.
Specification of classes. A class may. include more than one position. Each class will have a
Specification, which includes: a concise, descriplive title, a brief definition, a description of the essential
job duties and responsibilities, a statement of spe6af requirements, and a statement of desirable
qualifications.
Reclassification. 'The Personnel Officer is responsible for reviewing the duties and responsibilities of
positions and recommending to the City Council the creation of new classes and the abolition of
existing classes. The Personnel Officer shall review classifications and make determinations in the
following situations:
a.
Upon the recommendation of the Supervisor or upon the request of an employee, the Personnel
Officer has the right to reallocate a position to a different class whenever its duties change
inateriaily, provided the reclassification can be accomplished within budget limitations. The
Personnel Officer has the discretion to determine when the duties have materially changed which
C11'! OF R01 MEER7 PARIS )'age 5 of 39
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warrant a reclassificalion. To process reclassifications in a timely manner, the following process
will be followed:
Supervisor or employee submits a request of reclassification to the Human Resources
Department.
ii. Within fifteen (15) working days, the Human Resources Department makes an initial
determination whether the employee's ongoing job duties and responsibilities warrant a
position reclassification. Once completed, lire Human Resources Department forwards its
recommendations to the Personnel Officer.
iii. Within fifteen (15) working days the Personnel Officer affirms or modifies the Human
Resource Department's recommendations. As a general guideline, the Personnel Officer
will provide the following conclusions to the employee and his or her supervisor. re- assign
work duties so the employee is no longer working outside of classification, appoint employee
to existing classification with greater responsibility, or create a new classification that more
accurately reflects the employee's ongoing job duties and responsibilities.
b. When the duties of a position so change that no appropriate class for it exists, the Personnel
Officer must prepare an appropriate class specification for it and submit it to the City Council for
approval.
c. Reclassification of a position may not be used to circumvent the rules and regulations concerning
demotion, promotion or compensation.
B. Salary Ranges, Plans and Compensation
1. Meet and confer. The City will meet and confer regarding changes to salary rates or salary ranges
affecting existing employees represented by a recognized employee organization. After meeting and
conferring, the Personnel Officer will prepare 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
erinployees is the state of promotion or in six (6) months if the employee in placed at Step A.
4. Demotions. When an employee is demoted, (moved from one class to a class with a lower maximum
salary), the Personnel Officer will set the employee's salary within the range of the class to which the
employee has been demoted. In this event, the employee's anniversary date will be the same as the
effective date of demotion for purposes of conducting performance reviews and making corresponding
salary adjustments. The employee's original hire date will continue to determine his or her eligibility
for other types of benefits and leave accruals.
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
CITY OF ROHNERT' PARK Page 6 of 39
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CI I Y'01 P01INL. RI PARK
Personnel Pmts Land iZequlations
employee will continue to receive his /her present salary until such limo as the maximum salary for the
class exceeds his /her rate of pay_
C. Ern ,ployee Performance Review and /or Evatuation - The performance evaluation process is intended to
improve produ<aivily and foster communication between supervisors anti employees. EValualions should be
conducted at least annuZ311y in accordance with the schedule set forth for that employee's job classification
and should be based upon position- specific performance elements and work standards. 'I'he evaluation
must indicate clearly whether overall performance is superior, satisfactory, or substandard. The review
process must provide for ernployee feedback and face -to -face communication. Results of the performance
review will be utilized to determine employee's training and development needs.
1. Salary adjustments. Results of tine employee's current performance review will be used to determine
salary adjustments on the employee's anniversary date. Fmployees whose work performance is
satisfactory will be eligible for advancement to the next higher step (not to exceed the maximum) of
the salary range. Employees who receive a less than satisfactory rating may not be eli( able; for a
salary advancement on their anniversary date.
2. Employee review and response. Employee will be provided with a copy of his/her performance
evaluation twenty -four (24) hours prior to tlae evaluation interview- Employees have the right to
respond in writing to the evaluation report should they so desire. Said responses should be submitted
to the reviewer no later than thirty (3o) days after tlae evaluation interview. Contents of an employee's
performance evalualiOn 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 day of the month.
When the 15"' or the last day of the month falls on a weekend or holiday, paychecks will be available the
prior Friday. All paychecks are to be distributed to the departments and delivered to the employee by noon
on the 15 or the last day of the month.
1. 'Time cards. All employees are required to keep a timecard and accurately record all hours worked.
a. F1111 -time employees. Regular full -time employees will be paid for the prior two -week period
worked.
b. Part -time employees. Regular part -time and hourly part -time employees must submit their
timecards to the Finance Department on the 5"' and 20th 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 may do so by
contacting the Finance Department and filling out the required documents.
CITY OF ROf INERT PARK Page '7 of 39
Personnel Rules and Regtflations
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Personnel Rules and Regulations
E. Overtime - Overtime hours must be approved in advance by the employee's direct supervisor or
Department Head. Overtime is to be kept to a minimum consislent with maintenance of essential City
services. All non - exempt employees will be paid overtime as required by applicable law and in accordance
with any provisions in applicable memoranda of agreement.
F. Compensatory Time Off - Subject to applicable memorandums) of agreement or the oulfine 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.
1. Approval of overtime. Employees must obtain pre - approval before working any overtime. the
Supervisor will authorize such overtime work and will notify the Personnel Officer upon such
authorization. The Supervisor is responsible for arranging his /her department so that compensatory
time off can be taken.
2. CTO for exempt employees. Management employees and any bona fide exempt personnel will
receive administrative leave, as qualified under FLSA, in -lieu of the compensatory time off. All exempt
personnel must record leaves of four hours or more using the City's "Employee Absence Report" and
submit it to the appropriate immediate supervisor.
3. City reserves the right to pay overtime in lieu of accruing CTO. At the discretion of the City,
certain personnel may be paid for alt or a portion of overtime worked in lieu of accruing CTO. The City
can elect to pay employees for overtime worked if it is determined that an employee cannot
reasonably take the CTO without hindering the performance of essential City functions.
4. Pay -out of accrued CTO. The City retains the right to pay out unused CTO at all times selected by
the City. The current memorandum(s) of agreement or outline of certain conditions of employment will
reflect accrual information, time, and manner in which any payment for unused compensatory time will
be made.
5. Payment upon separation. Upon separation, all employees will be paid a lump sum for all
outstanding approved and accrued compensatory time and /or administrative leave.
6. Use of CTO. Employees who wish to use CTO must obtain prior authorization of their Supervisor or
Department Head. The City's policy is to permit the use of CTO within a reasonable period after the
request for use is made. Use of CTO on the specific dates requested by an employee will be
permitted as much as reasonably practicable taking into account the operational needs of the
department. To facilitate scheduling, employees are encouraged to provide as much advance notice
as possible of the 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 Slates, 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.
Weekend holidays. Generally, when a holiday falls on a Saturday, it shall be observed on the
preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday. If
a holiday falls on an employee's regularly scheduled day off, the applicable rnernorandum of
CITY OF ROi INERT PARK Page 8 of 39
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Personnel RUIOS and Reycrlations
agreement will determine whether the employee is paid holiday pay or given compensatory lime off. If
any outline of conditions of employment or memorandurn of a(reenaenl conflicts with this s(rbsectkm,
the provision of the conditions of employment or rnemorand(rnn of agreement wilt prevail.
3. Fi Aiday pay. regular full -time and regular p arl -time employees are entitled to receive time off with
pay at their regular rate of pay for the holiday. Regular part -time employees receive either 50% or
75 %, of the holiday pay as determined by the number of hours per week the employee is normally
scheduled to work. An employee who resigns may not select a holiday as the employee's fast day of
employment.
4. Required work on holiday. An employee whose job performance is essential to mraintain public
services may be required to work on a holiday. In such Cases, the applicable MOA will specify the pay
and /or benefits receive(] for the work performed can holidays.
B. Vacation •-
Vacation policy. All regular full -time and regular part -time ernpioyees are entitled to vacation time off
work with pay. Eligible regular part -lime employees accrue vacation at the rate of fib% or 75% of the
allotment established for full -time employees as determined by the number of Ixxxs the part -time
employee is regularly scheduled to work. Eligible employees will accrue vacation from the date-of-hire
but may not take accrued vacation until the completion of six (6) months of continuous service.
However, upon completion of six months of service, he /she will be eligible to request a scheduled
vacation. This vacation policy is subject to modification through an a'Pplicable MOA for represented
employees.
2. Vacation accrual. Vacation accrues for regular full -time employees according 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. When the employee uses pai(i vacation lime and brings
the available amount below the cap, vacation accrual will resume at the regular monthly accrual. The
City may make an exception to the vacation accrual cap in extraordinary circumstances where, due to
the requirements of City service, an employee is required to forego a vacation during the particular
calendar year. In such cases, the affected employee may apply to the Personnel Officer to increase
his or her vacation cap by the number of days the employee was not permitted to take as vacation
days. The Personnel Officer may, in his or her sole discretion, grant such requests from lirne to time_
4. Vacation at termination. Upon termination, an employee shall receive a lump sum payment for file
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 tfre death of the
employee, pay for unused vacation shall be paid to the same beneficiary the employee has
designated for Life Insurance benefits. Beneficiary designation otherwise, shall be in writing, signed
by the employee and filed with the Finance Department, Payroll Office. Vacation accruals are not paid
to employees who are employed by the City less than six months.
5. Holidays failing during vacation. When a day designatedl and observed by the: City as a holiday
occurs on a day on which an employee is taking vacation, such employee shall not be charged as
using vacation for that day. The employee's compensation for that day shall be holiday pay and
he /she shall not be paid or charged for vacation. This holiday policy is subject to modification through
an applicable MOA for represented ernpioyees.
CITY OF ROHNER f rARK PW (1 9 of 33
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6. Illness (luring vacation. If an employee becomes ill or is injured while on vacalion, the time off will
still be counted as vacation time and not sick time.
7. Vacation accrual during leave of absence. Employees who are off work on a paid leave shall
continue to accrue vacation during the leave period. Employees who are off work on an unpaid Icave
shall no longer accrue vacation after ninety (90) calendar days.
C. Sick Leave -
Eligibility. Regular full -tirne and regular part -time employees are eligible for sick leave in accordance
with the applicable; MOAs. Unrepresented, confidential, and management employees' eligibility for
sick leave: is specified in the applicable City resolution outlining their conditions of employment,
benefits and salary ldjustrnents.
2. Accrual. Sick leave shall be accrued in accordance with the applicable MOA's or Outline of Benefits
for the Management and Confidential Units.
3. Use of sick leave.
a. To qualify for sick leave, the employee must report his /her illness or injury to his /her supervisor at
the beginning of any sick leave period and daily thereafter unless otherwise arranged. Tile
supervisor may require a written slatement from the employee's health care provider verifying
that the employee is or was incapacitated and unable to perform hislher duties. Any absence of
five (5) days or more for sick leave will require a certification from a health care provider.
b. Sick leave may be taken for an employee's personal, non - industrial illness or injury_ Additionally,
the employee may use up to one -half his /her yearly paid sick leave accrual (based on calendar
year) to altend 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 hislher paid sick
leave, he /silo may be entitled to additional unpaid leave under the Family and Medical Leave
Policy.
e. Any employee who is absent from work on sick leave shall not engage in work or other activities
at any time that would be in conflict will) 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 receiving temporary
disability payments under the Workers' Compensation taws, may use accumulated sick leave in order
10 continue to maintain hislher regular income. Under such circumstances, the employee shall be paid
(out of his or her sick leave balance) the difference between his/her full salary in proportion to the
amount of his /her full salary paid by the City during such period of disability.
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D_ Bereavement Leave -
In the case of death within the irnmediate family of an errrployee, the ernployee shall be entitled to
three (3) days of paid leave, An additional two (2) clays of sick or vacation leave may be taken upon
approval of life employee's supervisor if the employee mt.Ist travel out of the area (al least 250 miles
one way).
2. Immediate family in this case means: spouse;, domestic partner, father, father indaw, mother,
mother -in -law, brother, brother -in -law, sister, sister•ifI -law, child (inclu(Jing stepchildren), stepparents,
aunts, uncles, grandparents, grandparent -in -law, grandchildren and retalionships in loco- parentis and
close personal relationships, will, the approval of the City Manager or his /her designee.
The employee's supervisor may require proof of death of the person(s) for whom the employee is
taking bereavement leave.
!w. Military Leave -
1. Eligibility. The City grants military leave to all employees for service in tire uniformed services in
accordance will' federal and state law.
2. Notice. The employee must notify his /her supervisor of upcoming military duly at soon as he /she
becomes aware of his /her obligation and provide a copy of his /her military orders.
3. Compensation. Employees on temporary military leave will be paid their normal salary for the first
thirty (30) calendar days while engaged in tale 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, tire City will continue to pay the difference between the employee's normal salary and the total of
his /her military compensation if the employee is called to active duty as a result of a declaration of
emergency, war, or as necessary for 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 normal City salary, All other military leave is unpaid except where
necessary to. maintain exempt status under the Fair Labor Standards Act. Employees may elect to
use any other accrued paid leave time (e.g. vacation) during unpaid military leave.
Employees will receive any merit and /or general salary increases for which they become eligible
during military leave.
Benefits.
a. Health insurance. All health insurance benefits will rernain in place while the employee is in a
paid military leave status as indicated in Section 3 above. For employees in a non -pay status, all
health insurance benefits will continue for a period of 12 workweeks on the same terms and
conditions as 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 /tier 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
en-,ployee contributions to CaIPERS. Additionally, employees returning from military leave are
entitled to pension benefits that accrued during military service and to any CaIPERS contributions
CITY OF ROIfNFRT PARK Page II of 39
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that would have been made if the employee had not been absent due, to military leave. Military
leave is not considered a break in service for purposes of pension benefits.
C. Vacation benefits. Vacation benefits continue to accrue during paid military leave. Employees
returning from military leave are entitled to begin accruing vacation at the rate the employee
would have <altained it the ernployee had not taken military leave-
d. Seniority. Employees returning from military leave are entitled to the seniority and other rights
and benefits determined by seniority that they would have attained with reasonable certainty had
the ernployee not taken a military leave.
5. Reinstatement. Employees will be reinstated in accordance with all applicable laws. Upon
completion of military leave, the employee is required to furnish the Human Resources Department a
copy of Pais /her military separation document. Reinstatement will not be denied or delayed if the
information does not yel exist or is not readily available, however, the employee is required to provide
the information as soon as it is available. Reinstatement will be denied only when legally permissible.
Federal law provides for the following reinstatement period:
a. For military leave of less than 31 days, the employee must report for reemployment at the
beginning of the first regularly scheduled workday that would fall eight hours after he or she
returns home, unless reporting within such 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 lime frame is impossible and then the employee must report as.soon as possible.
For military leave greater than 181 days, the employee must apply for reemployment within 90
days of completion of the service.
F. Family And Medical Leave -
Eligibility. f=amily 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 lo 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 scheedule or intermillent )eave to temporarily transfer to an allernalive
position, with the same pay and benefits, if the alternative position belter accommodates the required
work schedule than the employee's usual position_
4. Notice of leave. An employee must provide at least thyirty (30) clays advance written notice of the
need for I=ML whenever possible. If thirty (30) days notice is not possible, the employee must give
notice as soon as possible. if the empfoyee fails to give thirty (30) days advance notice for
foreseeable events without any reasonable excuse for the delay, the City reserves the right to
Postpone the leave until at least thirty (30) days after the written notice was received.
5. Statement of health care provider. When the leave is for a serious h(!<:ytth condition, a health care
provider must provide written certificalion to support the request for leave. The statement for an
employee's serious hea111) condition Shall specify the commencement dale of tine event which prevents
the employee from performing the functions of his /her position, the anticipated duration of the leave,
and a statement that the employee is unable to perform the essential functions of his or her position.
'Tile statement for the employese to attend to a family member shall state the date of commencement of
tite serious healthy condition; the probable duration of the condition; an estimate of the amount of time
that the health care provider believes the employee needs to take in order to care for the family
member; and that the serious health condition warrants the participation of the employee.
If the FML request is for the employee's own serious health condition, the City May require, at its
expense, a second opinion from a health care provider designated by the City. The health care
Provider designated by the City will not be one who is employed on a regular basis by the City. If the
second opinion differs from tine 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 shalt be considered final and binding oil the City and the employee_
A new statement from a health care provider may be required if the employee requests ara extension
to the leave requested in the original statement.
The City does not require the certification disclose the underlying diagnosis without consent from the
employee.
G. Pay during leave. FML is unpaid except 10 the extent the employee elects to substitute accrued paid
leave lime. An employee may use accrued sick leave when the FML is for the employees or the
employee's family member's serious health condition. An employee may substitute accrued vacation
leave, compensatory time off and /or paid administrative leave for any FML. The substitution of paid
leave time does not extend the 12 -week maximum leave time.
7. Insurance benefit premiums during 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. file employee must
arrange for payment of his /her premium contribution, in advance. A lapse in insurance coverage will
occur if a premium payment is more than 30 days late.
8. Other benefits during FML. During any portion of FML for which an employee substitutes other paid
leave benefits, the ernployee 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 21.33, an ernployee who lakes 1=Mf_ shall be eligible
for reinstatement to the employee's former position at the former rate of pay. However, if the position
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is not available due to business necessity, the City may instead offer the employee a job that is
comparable in terms of pay and duties An employee retains the same right to employment as if not
on FML.
If an employee fails to report to work promptly at the end of FML, the employee will be assumed to
have abandoned his /her employment unless additional leave has been approved,
10. Reinstatement for key employees. It 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 arnong the highest paid 10 percent (10 %) of all City employees as determined
at the time of the request for leave.
11. Statement regarding return to work. If the employee takes FML leave for his or her own serious
health condition, the City requires a statement by the employee's health care provider that the
employee is fit to return to his /her job.
12. Other work. The City shall take appropriate disciplinary action if it determines that an employee has
engaged in other work during a FML that is inconsistent with the employee's use of FML.
13. Definition of health care provider. A health care provider as used herein means a person holding
either a physician's and surgeon's certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person who
meets the definition of others "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
G. Pregnancy Disability Leave -
Eligibility. Any employee who is disabled from working due to pregnancy, childbirth or related
medical conditions is eligible for Pregnancy Disability Leave (PDL).
Amount of PDL. PDL will be allowed for the period of disability but not to exceed four (4) months (88
working days for full -time employees and pro -rata for part -time employees). PDL may be taken on an
intermittent or reduced hour basis when determined medically advisable by the employee's health care
provider, e.g., for morning sickness, prenatal doctor's appointments. The smallest increment of time
that can be used for such leave is 1/4 of an hour. The City may require an employee who is on a
reduced schedule or intermittent leave to temporarily transfer to an alternative position if the
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 heatth needs, the employee will receive the pay specified
for the alternate position and /or duties.
5. Statement by health care provider. An employee requesting PDL shall provide the Human
Resources Department with certification from her health care provider stating the anticipated delivery
date and estimated dates and duration of the disability. If there is a change in diagnosis, and the dales
are either accelerated or delayed, notification from the health care provider is required.
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A health care provider's statement must be subrnitled verifying the need for pregnancy disability leave
or for transfer, slating Ilte following:
a. -1 lie date or which the ernrtloye:e became disabled clue to Preo nanc:y, chi €dbirth or related rnedical
condition or the dale on which the need for a transfer became medically advisable;
b. The probable duration of the period or periods of disability or the need for transfer; and
c. A staternent that, due to the disability, the employee is unable to perform one or more of the
essential functions of her position without undue risk to Herself and, the successful completion of
her pregnancy, or lhat transfer is medically advisable.
A new statement may be required if the employed requests an extension of lime beyond that
S pecified in the original statement.
Any changes in the information contained in the health care provider's statement must be
promptly reported by the employee to the I luman Resources Department.
6. t1.se of accrued leave while on pregnancy disability leave_ An employee may use any combination
of accrued paid leave during the duration of PDL. The substitution of paid leave does riot extend the
rnaximum length of a PDL.
7. Insurance benefit premiums during PDL. An employee will receive: the same insurance benefits
rand premium payments during PDL as if the employee were not on leave, for a maximurn of twelve
('12) workweeks. An employee on unpaid PDL beyond this period may continue health insurance or
other benefit coverage at owri tier expense, at the City's group rates. The employee must arrange for
payment of the premium contribution in advance. A lapse: in insurance coverage will occur if a
premium payment is more than 30 days late.
8. Other benefits during PDL. During any portion of PDL for which an employee substitutes other paid
leave benefits, the employee will continue to accrue paid leave benefits (Le_, sick leave, vacation
leave), seniority, an(] other benefits to the same extent that the employee would accrue those benefits
if not on PDL. Employees on PDL are not elig
holidays that fall during the PDL. ible for holiday pay (i. <:. pay for holidays worked) for
9. 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 art<f duties.
If an employee fails to report to work promptly at the end of PDL, the employee will be assumed to
have abandoned her employment unless additional leave has been approved.
10. Statement regarding return to work. The City requires an employee returning from PDL to provide
a statement from a health care provider that certifies the employee's fitness for duty.
11. Other work. The City shall take appropriate disciplinary action if it determines that an employee has
engaged in other work during a PDL that is inconsistent with the employee's use of 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 surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another stale or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other parson who
meets the definition of others "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
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H. Work - Related Injury And lliness Leave
1. Eligibility. All City employees are covered by Workers' Compensation Insurance. All regular
employees are eligible for industrial sick leave as provided in the current applicable memorandums)
of agreement
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 Fluman 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.
I Temporary disability benefits. An employee eligible for temporary disability payments under the
Workers' Compensation Law will receive the amount as provided by that law.
4. Salary continuation integration with accrued leave. Employees receiving temporary disability
payments under the Workers' Compensation Law may elect to use accrued paid leave benefits at the
same time they are receiving temporary disability, but only up to an amount which, when combined
with temporary disability payments, does not exceed one hundred (100 %) percent of the employee's
normal salary. Accrued leave hours shall be charged to the extent of wages paid by the City to the
employee.
5. Termination after work- related 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 shall receive pay as though at work for time spent in the proceeding.
The employee must remit any witness fees received to the Finance Department, Payroll Office.
An employee subpoenaed to appear in a proceeding in which the City is not a party shall be granted leave
without pay during the 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
All regular and probationary employees called to jury duty will be granted a paid leave. A copy of the jury
summons must be giver) 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 riot be considered as
a fee and shall be retained by the employee.
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All other employees will be gr<anled leave without pay except where necessary to rnaainlair" the employee's
exempt status under the l:air LF.abor Standards Aef.
If an employt:e is required to report to jury duly within 2 hours of the scheduled start of the workday, the
employee is not required to report to work at the start of the workday, but shall report directly to jury duty. If
ec>rnpioyee is released from jury duty will" more than one half of his /her workday rernairring, the
employee is required to report to work to complete the regularly scheduled workday.
K. Unpaid Administrative Leave -
EI'sgibitiiy. Upon written request of an employee, the Personnel Officer may approve in writing .an
unpaid leave of absence without pay for a period not to exceed six (6) months.
2. Reason for leave. Unpaid Administrative Leave will be granted for )he following purposes
School visit leave. An employee who is a parent, grandparent, or duly appointed guardian with
custody of a child in a licensed day care facility or in kindergarten through 121)' grade will be
granted up to 40 hours in a 12 -month period (not to exceed 8 hours in one month) to visit tine
school site, if reasonable prior notice is given to the Personnel Officer. Additionally, a parent,
grandparent, or guardian of a child may take; time off to appear at a school in connection with the
suspensior" of a child. 'ihe employee may use accrued leave for school visits. If accrued leave is
exhausted, the Personnel Officer may allow file employee to work an alternative schedule to
accornrnodate the leave or provide leave without pay.
Written proof of the date aand tilne of the visit signed by an appropriate school official may be
required io be provided to the Personnel Officer on return 10 the job.
b. Voting leave. Any employee, it he or she does not have sufficient time outside of working hours
to vole, may request up to two (2) hours d paid leave either at the beginning or end of
O accrue
scheduled working hours to enable the employee to vote. If tire employee has no accrued paid
leave, time off shall be granted witiaoul pay except where necessary to maintain exemptions
under applicable state and federal wade and hour laws.
Domestic violence leave. An employee who is the victim of domestic violence may take unpaid
leave or use any available paid time off benefits to ensure his /her health, safety or welfare, of that
Of his /her child, by obtaining a temporary restraining order, a restraining order, or other court
assistance. Additionally, an employee may take leave io seek medical or psychological
treatment, to obtain necessary social services, anti /or to participate in safety planning or take
Other actions to increase safety. The employee most provide reasonable notice of the need for
such leave and shall provide evidence satisfactory to the Personnel Officer of participation in one
or more of the activities specified in the preceding sentence. The amount of leave provided shall
be in accordance with Labor Code section 230.1.
d. Crime victim assistance leave. An employee who is the victim of a crime, the immediate family
member of a victim, a registered domestic partner of a victim, or the child of a registered domestic:
Partner of a victim may take an unpaid leave or any available paid time off benefits to attend
judicial proceedings related to that crime.
e. Emergency duty and training leave. Volunteer firefighters and other emergency personnel may
take an unpaid leave or use accrued leave to perform emergency duty. Volunteer firefighters
may fake up to 14 days leave per calendar year io 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 duly or training.
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Miscellaneous leave. In addition to the leaves described above, the Personnel Officer may
approve other requests for unpaid leave at his /her discretion.
L. Health Insurance Benefits -
Benefits. The City provides group medical, dental, and vision insurance to eligible employees and
their dependents and domestic partners (effective January 1, 2005) as detailed in the applicable
MOAs and City Council resolutions outlining conditions of employment and benefits. 'The Personnel
Officer shall maintain records of the terns and conditions of the health insurance and other benefit
contracts, benefit levels, and administration procedures. More detailed information regarding these
benefits is set forth in the official plan documents and insurance policies that govern the plans. If there
is any actual or apparent conflict between the brief summaries contained in this policy and the terms or
limitations of official plan documents, the provisions of the official plan documents will prevail.
Employees who wish to inspect those documents may make an appointment with the Personnel
Officer for that purpose. Due to changes in MOAs, terms, conditions, benefit levels and
administration requirements may be adjusted from time to time.
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 it it occurs on the first of the month.
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 -
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 Flan 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 -fime 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 lime 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.
4. 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) arm employee assistance program. The prograrn provides access to
professional counselors and therapists to assist employees in resolving stress resulting from' personal
issues, substance abuse, grief or work- related issues. Any information provided to a counselor or
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Iherapist is confidentiat. No information is provided to tine City regardin(s an eligible member's use of
the >, f_Af'. To make an appointment with a counselor call Cigna I'3elaaviorat I le<allia at (£3£3f3} 371 - 112;x.
For snore information, contact the I lurnan Resources Deportnx3nt.
`i. Health Care Tax -free dollar account program. This pro( r,3rn allows pc)rrrsanent lull -time or par! Iirne
employees 10 set aside a maxirnurn of $3,000 per calendar year of before tax wrsges for medical
premiums, co payments, or out of pocket medical costs, as authori2ed by the Inlernai Revenue,
Services ancs the California I. ranchise, Tax Board. A regular employee becomes eligible on (fate of
hire. Employee participation in this program is coordinated through the Finance Departmeni. the tax
deferral limits are subject to change due to changes in federal and /or state law.
6. Dependent Care Assistance program. This program allows eligible full -firne or part -time employees
to set aside a I-naxirnum of $5,000 per calendar year before tax wages for child care expenses as
authorizers by the Internal Revenue Services and the California Franchise Tax Board. A regular
employee becomes eligible on (late of hire. Employee participation in this prograrn is coordinated
lhrough the Finance Department. The tax deferral limits are subject to change due to changes in
federal and /or state law.
Deferred income program. The City participates in a deferred income program now being
administered by National Deferred and ICMA. This program allows eligible full -time or part -time
employees to set aside a maximum of $13,000 per calendar year ($14,000 in 2005, $15,000 in 2006)
of before tax wages for post- retirement income as authorized by the Internal Revenue Services and
the California Franchise Tax Board. A regular employee becomes eligible on date -of -hire. Frnployee
participation in this program is coordinated through the Finance Department. Ilse tax deferral limits
are srabject to change clue to changes in federal and /or state law,
0. Hepatitis B program. Below is an explanation of ill(- City's Iiepatitis B Program.
Employees who may have to perform first aid as a regular job duty or are it) positions which might
expose them to bodily fluids need to be offered the Hepatitis B Immunization Program per the City's
Blood -borne Pathogens program.
These job classifications are:
Public Safety Officer
F.S. Sol.
P-S. Lt.
P.S. Division Commander
Director of Public Safety
Community Services Officer
Evidence Technician
Property Specialist
Vol. Auxiliary Firefighter
Reserve Officer
Seasonal Maintenance Assistant
Maintenance Helper
Maintenance Worker 1
Maintenance Worker fl
Public Works Services Supervisor
Recreation Supervisor
At the lime of the pre - employment physical, the candidate has a blood test that lets the City know if
they have the Iepatitis B antibody. At the employment orientation, Humart Resources. Department
provides the new employee (if they are in one of the jobs classes listed above) information on what
fepatitis B is and a check. off form, which indicates whether or not they wish the 3 -shot immunization
program. I furnan Resources ( }iR) logs in the employee's response in its safety records.
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Employees who wish the 3 -shot flee. B series go get their shois, inform FIR when they received each
Shot, and turn in their receipt for reirnbursernent. Employees with Kaiser insurance can get them free
of charge; through Kaiser as preventative care and necessary due to their job class. Employees with
Blue Cross insurance are instructed to get their shots at the County 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 ffep. B booster shot for additional protection.
SECTION 4 - IN -HOUSE RECRUITMENT
A. Transfer - If an employee is qualified, the Personnel Officer may approve the transfer of an employee from
one position in the City to another position in the same class or to another position in a different class with
the same maximum salary.
1. Types of transfers.
a. VOFtrntary 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 units) stating the nature of the transfer and an explanation as to why the transfer is
necessary,
b. The employee has a right to respond in writing within five (5) workdays from date 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, anti /or input from an employee's supervisor.
2. Internallexternal recruitment. In filling vacancies for positions above entry- level, consideration will
first be given to existing City employees. However, the Personnel Officer may recruit from outside
when the Personnel Officer determines that appropriately qualified City employees are not available to
fill the vacancy. The City reserves the right to conduct an open recruitment process to fill a vacancy in
a higher -level position or to fill the vacancy by advancement of a qualified employee that currently
occupies a lower -level position.
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Request for eligible employees, When a vacancy occurs, tlu: Supervisor may requesj a list of
narn< -�s of persons in City employ who quality for promotion to the vrarant position for consideration
from the I human Resources Department-
4. Determining pay for promoted employees. Clefer
D, Suction 3. to Section 2 f'ay )Flans and Compensation, Part
C. Trainee f roc7ram - In an effort to provide upward mobility opportunities for c:urrer }t City employees and to
provide employment opportunities to the general public, the Personnel Officer can add the word "Trainee"
to any classification, within the financial agility of the City, except those represented by a bargaining unit,
employed by the City and to recruit and select individuals to fill positions as deemed appropriate.
1- The training program provides an Opportunity for a current employee to ciain additional skills by:
a. additional experience in a different classification,
b. additional schooling;
c. completion of an appropriate examination;
d. obtaining a State certificate or license in a specific, classification.
2. Recruitment for these positions may be promotional or open as deemed appropriate by the Personne!
Officer and the Initial salary would be up to thirty percent (30 %) below the beginning of the established
salary range.
3. 'Transition from trainee classification may occur as early as six (6) months but no later than two (2)
years from the date of appointment. Minimum qualifications for the position must be attained prior to
transition. Transition may occur upon recommendation of the Supervisor and approval of the
Personnel Officer,
D. Apprentices Ap Program - The City may establish an apprenticeship program in partnership with a local
school district, Sonoma State University, Santa Rosa Junior College, or an accredited trade school. This
program would be conducted in cooperation with llle applicable bargaining units.
E. Probationary Period. 'file probationary periods set forth in Section 5 also apply to all placements
resulting from the in -house recruitment process.
SECTION 5 - RECRUITMENT PROCESS
A. Announcement of Vacancies - Notices of employment opportunities in the City will be first announced in
house, via electronic mail, allowing current employees the opportunity to apply for the position. The
announcement will also be posted in the City offices and publicized in any other ways necessary to attract
the best 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.
2. 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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B. Applications - Every applicant responding to a City recruitment shall file an official City application form.
Applications shall be available in the City's Human Resources office. Applications and supporting
documentation filed with the City are the property of the City. Any information on the application will not be
made public.
9. Application form. The form by which a person applies for a position will) the city is prescribed by the
Personnel Officer and requires information about the applicant's training, experience, qualifications
and any addilional information the Personnel Officer deems pertinent to an evaluation of the
applicant's fitness for a position.
2. Deadline for filing applications. Applications and all required documents must be filed in the Human
Resources Department on or before the final filing date and time specified in the position
announcement.
3. Rejection of applications. fhe Personnel Officer rnay disapprove an application, disqualify an
applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed:
a. lacks any of the requirements established for the examination or position for which application
has been made;
b. excessively uses narcotics and/or intoxicating liquors to the extent that they are unable to perform
the essential functions of the position;
c. <arr 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 rot entitled;
previously been dismissed for cause from any public or private employment or resigned to avoid
such dismissal;
g. has failed to submit a complete and /or signed application within the specific time limits;
h. has failed to reply within five (5) working days from the date mailing, to communications
concerning availability for employment;
i. has made himself /herself unavailable for employment by requesting that his /her name be
withheld from consideration.
j. for any material cause which, in the judgment of the Personnel Officer, would render the applicant
unfit for the particular position, including a prior resignation from City services accepted with
prejudice.
4. Criminal convictions. Convictions (including pleas of guilty and polo 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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I). nature and seriousness of the conduct,
C. the lerigtfi of time since: the conduct,
d. the age of the individual al the time of conduct,
C, circumstances surrounding the conduct,
I. contributing social or environmental conditions, and
g. tare presence or absence of rehabilitation or efforts at rehabilitation.
5. Employment of relatives. A position within the City will not be filled by an individual, where that
individual would be subject to supervision, evaluation, discipline, or decisions regarding compensation
by a close relative. No person will serve in a department where the Supervisor is a close relative or in
a division where the division head is a close relative. For a definition of "close relative," see the
glossary of terms at the conclusion of these rules.
6. Notification of disqualification. If an applicant is deemed 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 dale of mailing to the Personnel Officer, with no further right to appeal.
C. Selection Procedtire - The method used to select employees shall be impartial and shall relate to those
subjects which fairly measure the abilities to execute the duties and responsibilities of the classification in
which the vacancy exists. Selection procedures consist of one or more of the methods listed below. The
same rnethod shall be applied equally in a single examination.
1. Application. Information the applicant supplies on the City's application form, and any attachments
thereto will be reviewed under the supervision of the Human resources Assistant or his/her designee
and tlue applicable department supervisor. The same criteria and point system is utilized for al!
applicants for the same posilion.
2. Examinations. Jhe 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. 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 (sam> 1e
F.rnployee's Total Score 80%
Years of City Service as a Regular Employee =_ 10 (calculates to an additional 10 %)
E=mployee's Adjusted Total Score _ 80% + 10% = 90 %'
POINT EVALUATION (sam le
Employee's Total Points = 175 out of a possible 200
Years of City Service as a Regular Employee = 10 (calculates to an additional 20 points 1200 x
10% = 201
Employee's Adjusted Total Score = 175 + 20 = 195i
'The combination of an employee's performance in the examination process and years of service
may give the employee a higher score than the maximum possible. In such a case, the employee
shall receive the actual score calculated above the maximum and be ranked accordingly.
Specifically, for the examples listed above, the employee achieving the maximum score on the
percentage evaluation would receive a total score of 100% + 10% = 110 %; and on the point
evaluation receive a total score of 200 + 20 = 220.
b, in accordance with Resolution 2001 -271, the City does not grant preferential status to any select
group of persons when applying for a position.
D. Interview Process -
Interview boards. The Personnel Officer will assemble and appoint interview boards. -These boards
may be comprised of private citizens, experts in the field, members of another agency, City officers,
City employees, and /or bargaining unit representatives.
2. Interviewers remarks. Interviewers mark on forms provided the degree to which, in their judgment,
each candidate possesses the desired qualifications. The interviewer's remarks will be translated into
a numerical score. Scoring sheet and interviewers' remarks are confidential.
E. Eli ibiliqy Lists - After each selection procedure has been completed, the Personnel Officer or his /her
designee will prepare an eligibility list containing the names of applicants who qualify for appointment to
positions in a particular class.
Ranking. Place the names of the qualified applicants ( "eligibles ") on the eligibility list in the order of
their final ranking, as determined by the selection process, with the highest rated eligible at the top of
the 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 hislher last known address. This notice is. to include an explanation as to why the time frame
has been changed.
3. Removal from list. An applicant may be removed from a given eligibility list by the Personnel Officer
for any of the following reasons:
a_ appointment to the classification for which the eligible list was originally established;
b. request by the applicant for removal from the list;
c. failure to continue to meet any of the minimum standards established for the position for which
the eligible list was prepared;
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d, failure to contact the Personnel Officer within five (5) working days frorn the date of notice of an
interview or offer of appointment;
0. determination by the Personnel Officer that the applicant has violated one or more of the
provisions of Section
4. Vacancies_ When a vacancy occurs in a class for which there is an eligibility list, the Personnel
Officer will transmit the names, and ,all supporting documents, of all candidates with the top five
ranking scores on the eligibility list to the Supervisor for consideration.
F. A ointment Process -- All appointments to position vacancies will be made in accordance will, these
rules ano regulations. 4 he power to appoint and dismiss City employees is vested in the City Manager
(Personnel Officer).
1. Vacancy, The vacancy wilt be titled by appointment of an eligible candidate from an appropriate
eligibility list, except as provided in 2 below.
2. Exceptions.
a. No eligibility list. The Personnel Officer may make a provisional appointment to a position if
there is no eligibility list for the class and if the needs of the service require that the position be
filled before a selection process can be completed. A provision,)[ appointee must:
Meet the requirements of training and experience established for the position;
ii. Not continue for snore Ihan thirty (30) clays 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. Tile Supervisor may submit a written request and justification to the Personnel Officer to
extend the provisional appointment in six (6) month increments. No more than two (2)
extensions may be granted for each provisional appointment.
b. Emergency. In an emergency which threatens life, property, or the operation of necessary
municipal services, the Personnel Officer may employ an individual not on the eligibility list for not
more than thirty (30) calendar days.
3. Pay. A new appointee shall receive the minimurn salary for the class to which the position is
allocated, except that:
In cases of extreme difficulty in filling a position, the Personnel Officer may approve
appointment at a salary above the minimum. to such cases, all incumbent employees in the
class to which the appointment is made shall be placed on at least the same step of the
salary range as the new appointee; or
ii. In hiring exceptionally qualified personnel, the Personnel Officer may approve appointments
at a salary above the minimum for the class.
G. Conditional Offer of EmPioyment - An offer of employment is contingent upon the results of the following:
1. Reference checks. Prior to conducting reference inquiries a prospective employee will be required to
sign a release allowing the City 10 .acquire information about the applicant from former employers.
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2. Medical examination. Applicants who have been offered a regular position with the City are required
to participate in a pre - employment physical.
Each job classification has specific physical standards and are reasonably related to job requirements.
The city is notified only that the prospective employee is medically qualified, conditionally qualified or
disqualified; no other medical information will be released.
3. Fingerprints and criminal background check. All persons employed by the City will be
fingerprinted and law enforcement records checked for past criminal convictions. Information thus
obtained will be confidential. Employment of, and continuation of service of employees with a criminal
conviction must have the approval of the Personnel Officer as stated in Section 5.13.4.
H. Probation Period - The purpose of probation is to permit the employer to observe the employee on the job
and to evaluate performance. Probation is part of the promotional, Iraming, 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 clays prior to the end of the initial
probationary period_
4. Rejection during probation period. During the probationary period, an employee may be rejected at
any time for any reason by the Personnel Officer. Employees who are dismissed during their
probationary period have no right to hearing or appeal. Notification of rejection must be served to the
probationary employee in writing.
5. Promoted employees. A 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 employment by resignation, dismissal, retirement, or layoff on account of
lack of work or lack of funds. The dismissal for cause of W90-cir c mployees will be in accordance, with the
provisions of Section 6. Other separation procedures and reinstatement procedures are set forth below.
A. Separation and /or Resignation -- An employee wishing to resign is required to notify his /her supervisor in
writing at least two weeks prior to their intended leave from City employment. A copy of the written
resignation will be given to the Personnel Officer and then placed in the employee's personnel file.
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 required above, will have This fact noted in his /her file and may be denied fulure employment
by the City.
B. Reinstatement - Upon application of a former regular employee, who has properly resigned, the
tersonnel Officer may, at hislher 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 time of separation. Former
regular full -time City employees returning to City service within the six (6) month period will be granted
the full benefits they were receiving at time of separation as if there was no break in service.
2. An employee separated from the City's employ for over six (6) months who is reinstated shall be
treated as a new employee.
3. The City will reinstate into the position from which he /she has been promoted any employee who fails
during a promotion to which he /she has been promoted.
-1. Any employee who resigns without proper notice or resigns during an investigation or disciplinary
action will not be eligible for reinstatement.
5. An employee who is granted an authorized leave to which he or she is entitled under a federal, state
or local law requiring reinstatement shall be reinstated to his /her former position as provided by law.
C. Layoff - Whenever it becomes necessary to reduce the number of employees due to lack of work,
economic considerations, changes in mission, technological changes, or as determined by the Personnel
Officer based on other factors or when a position in the classified services is to be temporarily or
Permanently abolished, the Personnel Officer will notify the Human Resources Department the number of
employees to be laid off or the names and number of positions to be abolished. The purpose of the
procedures set forth below is to establish equitable standards to regulate such layoffs. The City's decision
to reduce its work force is a management right, thus no 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).
I . Identification. The Personnel Officer on the basis of the administrative needs of the City determines
the departments and positions subject to layoff-
2. Order of layoff:
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a. Within a classification, those employees who are probationary ernployees in their initial
probationary period will be laid off first, followed by employees in a- promotional or transfer
probationary period.
b. Jhe order of layoff for regular employees within a department will be determined by considering
business necessity, each employee's job performance and competence, and seniority.
i. "Seniority" for purposes of this Section shall be determined by adding together all time spent
in City service, in whatever capacity, expressed in terms of years, months, and days. "file
seniority calculation shall not include disciplinary time off without pay or time spent on unpaid
leave (unless federal or state law requires it to be included in the seniority calculation).
ii. Once seniority determinations have been made, layoffs are made in reverse seniority order
0,e, the most junior employees are laid off first).
iii. `Gies in seniority shall be resolved by the Personnel Officer, taking into account the past
performance, disciplinary actions (if any), supervisor recommendations, and such other facts
as will result in the City retaining the most qualified and efficient employees.
3_ Notice. Employees shall be given at least ten (10) business days' written notice prior to the effective
date of the pending layoff. A copy of the notice shall be retained in the employee's personnel file.
4. Exclusions. In certain instances, there may be exceptions made in the order of layoff outlined above.
These exclusions would be made when:
a. specialty position when qualifications for the position could not be easily obtained through a short
orientation or familiarization period.
b. transfer in lieu of layoff. Within the affected department or departments, a regular employee who
is scheduled for layoff may be offered a voluntary reduction in classification to a lower level job
classification provided he /she meets the minimum qualifications, and /or obtain proficiency
through a short orientation period.
c, a voluntary reduction by taking early retirement and /or "golden hand shake ".
5. Retreat rights /voluntary demotion in lieu of layoff.
a. An employee who would otherwise be laid off has the right to retreat to a vacant position which he
or she previously field, provide(] the employee meets the current minimum qualifications for the
position.
b. An employee who would otherwise be laid off has the right to retreat to another position in the
same classification series or to any position the employee has previously held and for which the
.employee is qualified that is occupied by an employee of lesser seniority. The result is that the
more senior employee "bumps" the junior employee, who then is entitled to the reireat/demotion
rights set forth herein.
c. An employee who would otherwise be laid off may requesi to be temporarily demoted to any
vacant position for which the employee is qualified.
d. An employee who wishes to exercise any of the rights set forth in this subsection 5 must so notify
the Personnel Officer in writing within five (5) business days of receiving the notification of
pending Iayoff_
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e. An employee who retreats or is dernoted to a position as provided herein must serve the
probationary period applicable to the new position unless [lie employee previously cornplek�d the
probationary period in that position.
6. Reinstatement lists. 'fhe names of regular employees who have been laid off, including those who
have accepted a demotion or retreated to another position are to be placed on a layoff reinstatement
list by seniority within the classification fron which the employees were laid off. An employee's name
remains on this list for a period of one (1) year from date of layoff; an employee's name may be
removed for any of the following reasons:
a. Reappointment of the employee to his/her former classification
b. Notification from employee that he /she is no longer interested in returning to Uie City.
c. Inability to contact the employee by mail or Phone at the employees last known address in the
employee's official personnel file.
d. Rejection by the employee of an offer of employment within the same job classification. f=ailure to
respond within five (5) business days of the offer shall be deerned a rejection.
7. Offer of reinstaterent. If the position previously held by a Paid off employee becomes vacant, or if
another position within the same classification series becomes vacant, then the employee witfi the
most seniority on applicable reinstatement fist shall be offered the vacant position.
6. 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 shall be counted
toward determining when the probationary period ends.
SECTION 7 - INCOMPATIBLE ACTIVITY /CONFLICTS OF INTEREST
A. Incompatible Activity - Certain activities are incompatible with ethical, effective employment with the City.
All City eriiployees are prohibited frorn:
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 fo have,
business contacts with the City in excess of the Conflict of Interest guidelines established in the
Rohnert Park Municipal Code Chapter 2.60;
5. Divulging confidential information to anyone to whom issuance of such information has not been
authorized; or
6. Participating in any employment or other activity, which will prevent an employee from doing his /her
City job in an efficient and capable manner, is illegal pursuant to state or federal law, or which might
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result in a conflict of interest between the employee's private interests and his /her official duties and
responsibilities.
Q. Outside Ernt>lo_yment - 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; erployment 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 lo:
9. 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 duly is a
regular part of his or her job;
3. business conducted using City fa65fies, resources or equipment (including telephones, computers,
supplies, etc.)
SECTION 8 - DISCIPLINARY ACTION
City employees are expected to meet certain standards of job performance, interpersonal interaction, and
conduct. The City may discipline any employee whose conduct or performance fails to meet reasonable City
standards, i.e. for cause. Discipline may be imposed for a single incident or for a pattern of conduct. 'The
specific discipline imposed is intended to focus the attention of the employee on the performance or conduct
problem anti, 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, dernotion, 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 infraction(s), regardless of whether prior discipline has been imposed.
Only regular employees who have successfully completed their probationary period have the right a to hearing
and appeal as described in this section. An employee riot 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 Disciplinar Action - Any regular employeQ may be disciplined for "good cause ". Good cause
is defined as reasons including, but riot limited to, the following:
9, 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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6. 17isctosure of confidential personal information of another c>rnptoyee;
9. Negligent or willful damage to or waste of public equipment, property or supplies;
10. Improper or unauthorized use of City vehicles or equipment;
11. Misappropriation, theft, or embezzlement of City property andlor funds,
12. LJnlawful 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. E=xcessive 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. f=ailure 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 employees;
20. Ilse of abusive language,-
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 position.
B. Minor Discipline. -- All supervisors are authorized to impternent minor disciplinary measures. Minor
disciplinary actions are not sobject to appeal. Examples of minor discipline include the following:
1. Oral reprimand. An oral admonition to an employee whose conduct or performance must be
improved and which details the areas for improvement, the degree of improvement required, and a
notice that failure to improve could result in more serious disciplinary action. Oral reprimands are
noted by the supervisor, but are not documented in the employee's personnel file.
2. Documented counseling. A written memorandum showing that the supervisor has met with the
employee to discuss a specific problem(s) or deficiency and which sets forth the recommendations
given to the employee to address the problem(s) or deficiency in order to improve performance.
Although a copy may be sent to the employee's personnel file, documented counseling memoranda
are typically maintained in the supervisor's file until they are included by notation in the employee's
formal performance evaluations_
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Written reprimand. A formal written notice to an employee stating the specific details concerning the
subject of the reprimand, surnmartzin( previous related disciplinary action, if any, and describing the
plan for improvement. A written reprimand shall include the date of the reprimand and a statement
advising the employee that continued conduct or performance at such 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 tier choice. 'The employee shall review the
reprimand and sign it and then shaft be given a copy of it. Written reprimands are not subject to
appeal, although an employee has three (3) working clays following the date of a reprimand to submit
his or her own rebuttal comments, which shall accompany the reprimand in the employee's personnel
fit (,.
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 (late of the written
reprimand or documented counseling. Records will be removed provided the employee has received
satisfactory performance reviews in the subsequent three (3) year period from date of the written
reprimand /documented counseling and no further discipline has been initiated. The employee shall
initiate the request to remove records of minor discipline through his or her Department Head. The
employee's Department Head shall coordinate this request through human Resources to ensure the
appropriate criteria has been met to remove the records. Nothing in this section is intended to prevent
documentation of progressive discipline.
C. M< jqr Discipline - Major discipline may only be implemented by Department Heads. Types of major
discipline include the following:
1. Suspension. The temporary removal of an employee from the City service without pay for one (1) or
more working days. "Working days" shall be determined by reference to the affected employee's
normal work schedule.
2. Merit decrease. A pay step reduction where performance fails short of the normal standards or where
performance is clearly inadequate in one or more critical job duties_
3. Demotion. The removal of an employee from one position and reassignment to one of lower grade or
classification.
A. Discharge. The removal of an emiployee from City service when it has been determined the
employee has been given a reasonable opportunity to conform his or her conduct to required behavior
or performance standards and has failed to do so, or where an employee has committed one or more
serious offenses for which no other disciplinary measure is appropriate.
D. Disciplinary Process - Major Discipline. Any imposition of major discipline must follow the procedures set
forth below.
Notice. A written Notice of Intent to Discipline ( "Notice of Intent ") shall be prepared by the Department
Head in consultation with the human Resources Department. The Notice of Intent shall state:
a. The specific type of disciplinary action proposed;
b. The effective (late of the action;
c. The specific reason(s) or cause(s) for the actions;
d. A copy of all written materials upon which the action is based, and
e. Notice that, prior to the imposition of the major discipline, the employee has the right to respond
orally or in writing at an informal hearing to explain why the employee believes the proposed
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Personnel f2ules and Regulations
major discipline should not be imposed. A request for such a hearing must be submitted in
writing within ten (10) working days of receipt of the Notice of Intent.
Informal hearing (i.e. Skelly hearing). At the employee's request, an irrforinal hearing will be held
Prior to the imposition of major discipline. This hearing is runt an evidentiary Dearing, but rather an
opportunity for the employee to present information as to why the proposed major discipline should not
be imposed. E=xcept by stipulation of the City and the employee, the hearing shall take place within
len working (10) days of the employee's request for hearing, and it 1118Y be rescheduled only once at
the employee's regcrest. The following parameters apply to tare informal hearing:
a. The hearing shalt be conducted by r3 responsible person designated by the Personnel Officer.
b. The hearing shall include tare employee, the employee's chosen representative(s) - (reasonable
number), and others as directed by the hearing officer. Absent extenuating circumstances, the
employee's failure to appear waives his of I)el nghi to sucll a Bearing.
C. The hearing shall be tape recorded or stenographically recorded, and a copy of the tape
recording or transcript shall be provided to il)e employee upon request.
d. At the hearing, the employee shall be given 3n opportunity, either orally or in writing, or both, to
bring forward facts or circumstances which may cause the charges to be revised or dismissed_ If
the employee's information is presented by his or her representative, all statements made by the
representative shall be attributed to the employee as if made by him or her personally, and it is
the employee's obligation to correct any misstatennent(s) by the representative.
e. F=ollowing 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 pMcticable. If the decision is to impose discipline either as
proposed or in some modified or reduced form, a written Notice of Discipline shall be prepared. The
Notice of Discipline shall state:
a. The specific type of disciplinary action That will be imposed,
b. The specific reason(s) or causes) for the actions, setting forth specific facts that form the basis
for the decision;
C. The effective date of idle 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 Maior 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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Personnel Rvtes land Rogulations
2. Employee representation. Employees may represent themselves or be represented by legal counsel
or representative(s) of the employee's recognized employee organization.
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 with (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. -t fie 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 furlher 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.
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, it 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.
CITY OF ROHNER -f PARK Page 34 of 39
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CITY-OF ROHNE:R-I PAM<
Personnel Rules and Regi_riations
City Manager's Determination. The hearing officer's findings and recommendations shall be
forwarded to the City Manager for his or her review. The City Manager will follow ilae
recommendations of the hearing officer unless he or she can show cause that the hearing officer
slaw sect his or her discretion,
a. I he City Manager shall review the enlire record (including the Nolice of intent, the record of
Skelly proceedings, the Skelly officer's written recommendation, the Notice of Discipline, the
evidence and record at the evidentiary hearing, and the appeal hearing officer's written findings
and recommendations).
1) ftae City Manager shall issue a decision imposing the' disciplinary action lie or she deems
appropriate and in the best interests of the City.
C. The City Manager's decision shall be in writing and shall be final. It shall include a copy of the
appeal, hearing officer's findings and recommendations and shall be filed as a permanent record
in the employee's personnel file.
d. Notice of the City Manager's decision, alone with a copy of both the City Manager's decision and
the appeal hearing officer's findings sand recommendations, shall be served orl the employee by
personal service or by registered or certified mail. The notice shall also include a statement of
the employee's right to seek judicial review within 90 days pursuant to Code of Civil Procedure
1094.6.
F. Use of paid administrative leave. Nolhing 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
irnposilion 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, file Slate 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
frainee, 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 sect 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.
For safely and non - safety employees alike, the phrase "locker, or other space for storage that may be
assigned to hirn" 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 rneel a necessary operational requirement.
CITY OF R01 MFR f PARK Page 35 of 39
Personnel Rufes and f2egulations
CH Y 01= NO) iNl RT BARK
Personnel Rules and Regulations
GLOSSARY - DEFINITION OF TERMS
ADMINISTRATIVE LEAVE -- Absence with full pay and benefits, ordered by a Department I lead or the City
Manager, when the City's interests require the employee to be away from the job.
ANNIVERSARY DATE —"The date, which signifies the completion of each year of service by a regular employee
in a position andlor the elate an employee starts his/her probationary period for either original, promotional, or
change in classification appointments.
APPLICANT -- A person who has successfully completed and submitted an employment application for a
position for which the City is currently recruiting.
APPOINTMENT -- The selection of, and acceptance by, an applicant to a position in the City service in
accordance with these rules.
AVERAGE SCORE - Means the combined average of all- relevant, converted, and weighted scores obtained by
a candidate for a given classification or position title_
CALENDAR DAYS — ,Consecutive (Jays within a specific time frame and shall include weekends and holidays.
CANDIDATE - An applicant for City employment who meets the minimum qualifications of the position applying
for and has been selected to begin the testing process or a person on an eligibility list.
CFRA - California Family Frights 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, father, father -in -law, mother, mother -in -law, brother, brother -
in -law, sister, sister -in -law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent -
in -law, grandchildren and relationships in loco - parenlis 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
UTY,01- k l INFRI PARK
Ilorsonnel Fhslt:s an,t ilecTulations
DOMESTIC PARTNER -- 'Two adults who Iaave chosen to share one another's lives ill an intirnate and
corrrrnitted relationship of mutual c,:),ring. To be eligible both parties must file a I ?eclaralion of Domestic:
I-'arinership will), the California Secretary of State.
ELIGIBLE - A person whose name is ora an enaployrnent list.
ELIGIBILITY LIST -- A list that contains the names of qualified candidates, for a specific classification, who have
completed all exarninaliora processes and are ranked, in order of the score or rating received.
EMPLOYEE - Any person appointed to fill an authorized employment position in the City service. Elected
officials, volunteers, unpaid interns, and those appointed to advisory boards, committees, and commissions are
not employees. The categories of employees are:
Regular: A regular employee is one who has passed probation and holds a regularly authorized position
with benefits. lZegular employees may only be disciplined for cause. There are 3 types of regular
employees:
1. Regular full-time: a person who holds a budgeted (40) forly -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 Aoreement or applicable Outline of Benefits for the
Managernent and Confidential Units,
2. Regular part -time: a person who holds a budgeted position, with duties and responsibilities that do riot
end in a specific time period, works for a specific number of hours, as defined, and fills out a timecard,
receives a salary and ber ),efit package, proportioned to their agreed fixed work ratios (20 hours per
week receives 50% benefits; 30 hours Per week receives 75% benefits).
1 Specially - funded: a person who works in a regular full- or part -iirne position funded by sources other
than,City revenues (e.g., federal or state grants).
Probationary: A probationary employee is someone in a regular full - or part -time position who is serving a
trial period as provided in Sections 4 ancf 5.
Special: A special employee is one hired for a special purpose to meet the needs of the City. Special
employees include:
Provisional employees - i.e. an employee who meets the minimum qualifications for a position and
who is appointed on an interim basis until the vacancy can 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 prograrns.
3. Emerc}ency employees - employees hired to meet the requirements of a declared emergency which
threatens life, property, or the general welfare of the City and. whose position ceases when the
emergency ceases.
Probationary and Special Employees may be dismissed from such positions or disciplined with or without
cause.
ENTRY LEVEL -The initial position in a class series.
EXAMINATION -- The process utilized to evaluate the relative skills and knowledge of an applicant for
prospective c:n,pk),yrr),ent or current employee who has applied for a change in classification andlor promotion.
CITY OF ROFINEm PARK Page 37 of 39
Personnel sonnel Rules and Regulations
CIt.Y OF ROI-INF:R "r PARK
Persorxmel Rules and Regulations
Techniques utilized may consist of, but not limited to any of the following: traditional paper and pencil tests,
performance tests, skills test, or oral assessment.
EXEMPT -- An employee in a specific classification who, according to the f =air tabor Standards Act (FLSA) is
exempt from the City's overtime policies and is compensated for overfime through Administrative Leave,
accumulated per specifications outlined in the MCA's and /or Outline of Benefits for the Management and
Confidential Units.
FAMILY AND MEDICAL LEAVE POLICY — Provides for employee leave during times of illness or family
emergencies. In compliance with California Family Rights Act and Federal Family Medical Leave Act_
FMLA — Family Medical Leave Act, federal law established in 1993 and administered by the Department of
Labor.
GRIEVANCE — A complaint by an employee relating to wages, hours, and working conditions. Disciplinary
action cannot be grieved.
LEAVE -OF- ABSENCE WITHOUT PAY — Time away from work, which the employee has requested, and the
City Manager or his designee has approved, for which the employee is not paid and has the right to return to the
same position held before the leave was granted_
MEMORANDUM OF AGREEMENT (MOA) - A binding agreement on wages, hours, benefits, and other
conditions of employment for designated classes between the bargaining units and the City that have been
adopted by the City Council.
NOLO CONTENDERS - Latin for "no contest." In a criminal proceeding, a defendant may enter a plea of nolo
contendere, in which he does not accept or deny responsibility for the charges but agrees to accept punishment.
NON - EXEMPT -- An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA)
is to receive overtime pay at 1 %2 times normal pay for hours worked over 8, 9, 10 in a 24 hr_ period and /or any
hours worked over 40 hours in a 7 day period, as outlined in the MOA's and /or Outline of Benefits for the
Management and Confidential Units.
PDL — Pregnancy Disability Leave, California law established in 1994, and administered by the California
Department of Fair Employment and 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 RONNER "f PARK f age 3B of 39
Personnel Rules and Regulations
CITY 01 R01 IN11 -1R F PARI<
Personnel Rules and Regulations
RPEA -- Rohned Park E III ptoyees' Association. The labor bargaining and represeritation t,init for adrninistralive,
technical and support employees.
RPPSOA -- Rohnert Park Public Safety Officers' Association, f he labor bargaining and rel:rreseratation unit for
Public Safety Sergeants, Public Safety Officers, Publi c Safety Dispatchers, Communicalions Supervisor,
Community Se ivices Officers, Pearl -Time Dispatchers, and Public Safety Officer Trainees.
RULES - The Personnc:I Rules and Regulalions of the City of FZohnert Park as contained in dais document.
SALARY - A regular employee's base pay as approved by the City Council in the classification and salary plan
i.e. pay rates and ranges, computed on a monthly basis.
SALARY RANGES - -- The rate(s) assiffned to a classification in the pay rates and ranges.
SEIU - Service Employees International Union Local 707. The labor bargaining and represenlation unit for
certain City employees in the Department of Public Works.
TEMPORARY APPOINTMENT - An appointment of limited duration in the absence of available eligible
employees or applicants.
TERMINATION - The ending of any employment relationship between an employee and the City.
TRANSFER - A change of an employee from one position to another position in the some class or another class
having essentially the maxnmam salary limits, and involving the performance of similar duties.
`.NORKDAY -- Is a twenty -four (24) hour period beginning at the same tinrea each calendar (fay_
WORKWEEK - Means any forty (40) hour period within seven (7) consecutive days starting with the same
calendar day 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 -38 AGAINST HARASSMENT
RESO 99 -01 - ELECTRONIC MEDIA USE
RESO 91-192 - ANTI-DRUG POLICY
RESO 87 -117 DEPENDENT CARE ASSISTANCE PROGRAM
RESO 00-10 EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004)
RESO 03 -71 PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE
CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING
RESO 03 -235 - OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
CITY OF ROI IN[ Err PARK Page 39 of 39
Personnel Rules and Regulations