2017/06/13 City Council Resolution 2017-076
M E M O R A N DU M O F A G R E E M E NT
Between
THE CITY OF ROHNERT PARK
and the
ROHNERT PARK PUBLIC SAFETY MANAGERS ASSOCIATION
(RPPSMA)
Effective June 25, 2017 – June 30, 2021
EXHIBIT A
TABLE OF CONTENTS
1. HOURS, DAYS AND PERIOD OF WORK ........................................................................................... 1
2. HOLIDAYS ...................................................................................................................................... 2
2.1 Holidays Observed..................................................................................................................... 2
2.2 Proclaimed Holidays .................................................................................................................. 2
2.3 Day of Mourning ....................................................................................................................... 2
2.4 Alternate Day Off ...................................................................................................................... 2
3. ANNUAL LEAVE PROGRAM ............................................................................................................ 3
4. MILITARY TRAINING ...................................................................................................................... 3
5. FRINGE BENEFITS ........................................................................................................................... 3
5.1 Fringe Benefit Administration ................................................................................................... 3
5.2 Administrative Leave ................................................................................................................. 4
5.3 Catastrophic Leave .................................................................................................................... 5
5.4 Hearing Aid Benefit ................................................................................................................... 5
5.5 Paternity Leave.......................................................................................................................... 5
5.6 Family and Medical Leave ......................................................................................................... 5
5.7 Light or Limited Duty ................................................................................................................. 5
5.8 Americans with Disabilities Act ................................................................................................. 5
5.9 Employee Death ........................................................................................................................ 5
5.10 Medical and Health ................................................................................................................... 6
5.11 Dental Insurance ....................................................................................................................... 7
5.12 Vision Insurance ........................................................................................................................ 8
5.13 Adoption Benefit ....................................................................................................................... 7
5.14 Death/Bereavement Leave ........................................................................................................ 8
5.15 Funeral Benefit .......................................................................................................................... 8
5.16 Long-Term and Short-Term Disability Insurance ........................................................................ 8
5.17 Life Insurance ............................................................................................................................ 9
5.18 Deferred Income ....................................................................................................................... 9
5.19 Retired, Deceased and/or Permanently and Totally Disabled Employees .................................. 9
5.20 Clothing Allowance .................................................................................................................. 11
5.21 Education and Training ............................................................................................................ 12
5.22 P.O.S.T. Certification Pay ......................................................................................................... 12
5.23 In-District Pay .......................................................................................................................... 12
5.24 Retirement Programs .............................................................................................................. 13
5.25 Dependent Care Assistance Program ....................................................................................... 14
5.26 Health Care Tax-Free Dollar Account Program ......................................................................... 14
5.25 Counseling Services ................................................................................................................. 15
6. SAFETY EQUIPMENT .................................................................................................................... 15
6.1 Replacement Equipment ......................................................................................................... 15
6.2 Personal Equipment ................................................................................................................ 15
6.3 Safety Glasses and UV Eye Protection (Sunglasses) ................................................................. 15
RPPSMA MOA ◊ June 25, 2017 through June 30, 2021 Page II
7. COMPENSATION ADJUSTMENTS .................................................................................................. 15
7.1 Total Compensation & Compaction Analysis ........................................................................... 15
7.2 Compaction Trigger ................................................................................................................. 16
7.3 Critical Incident Call Out Pay .................................................................................................... 16
7.4 Court Time Pay ........................................................................................................................ 16
7.5 Police and Fire Services............................................................................................................ 16
7.6 Paychecks ................................................................................................................................ 17
7.7 Pay Change Effective Dates ...................................................................................................... 17
7.8 Salary Adjustments .................................................................................................................. 17
8. ALCOHOL AND DRUGS ................................................................................................................. 18
8.1 Alcoholic Beverages or Other Drugs ......................................................................................... 18
8.2 Off Duty Hours ......................................................................................................................... 18
8.3 Prescription Drugs ................................................................................................................... 18
9. GRIEVANCE POLICY AND PROCEDURE .......................................................................................... 18
10. USE OF CITY FACILITIES ................................................................................................................ 19
11. MANAGEMENT RIGHTS ................................................................................................................ 19
12. WORK CURTAILMENT (NO STRIKE CLAUSE).................................................................................. 19
13. TERM OF MOA ............................................................................................................................. 19
14. INVALIDATION ............................................................................................................................. 20
14.1 Suspension of Agreement ........................................................................................................... 20
14.2 Replacement ............................................................................................................................... 20
15. NON-DISCRIMINATION ................................................................................................................ 20
16. PERSONNEL FILES ......................................................................................................................... 20
17. EMPLOYEE PERFORMANCE EVALUATIONS ................................................................................... 20
18. PERSONNEL RULES AND REGULATIONS ....................................................................................... 20
19. SUCCEEDING AGREEMENT ........................................................................................................... 20
20. COMPLETE UNDERSTANDING ...................................................................................................... 21
INDEX ........................................................................................................................................... 23
ATTACHMENT A .................................................................................................................................... 24
RPPSMA MOA ◊ June 25, 2017 through June 30, 2021 Page III
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RPPSMA MOA June 25, 2017 through June 30, 2021
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.
1. Hours, Days and Period of Work
The primary workweek for management employees shall be a 4/10 or 9/80 Schedule. The hours,
days and period of work shall be as follows:
(a) Regular Days of Work for the 4/10 Schedule -The regular workweek for employees assigned
to the 4/10 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 4/10
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"
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RPPSMA MOA June 25, 2017 through June 30, 2021
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”
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
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RPPSMA MOA June 25, 2017 through June 30, 2021
hours under the sick leave program for non-industrial illness and injury shall retain the
balance of such hours accumulated as of January 1, 2012. Paid leave for approved absence
due to injury or illness may be charged against this balance at the employee’s discretion.
Upon retirement from the City of Rohnert Park, an employee may convert any remaining
sick leave balance to service credits pursuant to CalPERS regulations and procedures.
3.2 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.
3.3 An employee may accumulate annual leave credits up to a maximum of 550 hours of
annual Leave. Accrual shall cease until the annual leave balance falls below the cap.
3.4 Accumulated annual leave shall be converted to cash upon separation from City service.
3.5 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.
3.6 Preference for leave scheduling will be on the basis of seniority within classification
and/or as has been past practice.
4. Military Training
The City grants military leave and any related benefits maintenance, job seniority and retention
rights to all employees for service in a uniformed service in accordance with state and federal
law. The employee must notify his/her supervisor of upcoming military duty as soon as he/she
becomes aware of his/her obligation.
5. Fringe Benefits
5.1 Fringe Benefit Administration
Fringe Benefit Administration - City reserves the right to select the insurance carrier(s) or
to self-administer any of the fringe benefit programs provided during the term of this
MOA. In the event that any offered health plan is no longer offered, the City agrees to
provide a suitable replacement health plan that is substantially comparable.
All benefits provided under this section (Section 5) are subject to the characteristics of
each individual benefit program.
The value or availability of the benefits provided in this MOA as originally worded or as
amended from time to time may depend on their tax treatment by the State or Federal
government or the decisions of other government agencies or departments, such as, but
not limited to, the California Public Employees' Retirement System (CaIPERS). The City will
endeavor to obtain the most favorable treatment legally possible from these other
governmental entities. However, the City makes no representation concerning the value
of such benefits to unit members or how they will be taxed or otherwise treated by other
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RPPSMA MOA June 25, 2017 through June 30, 2021
agencies or departments. The City's obligations under this MOA are limited to the direct
cost of providing the salary and benefits as described in this MOA. The City shall have no
additional financial obligation, even if the tax or other treatment of such salary or benefits
by other agencies or departments reduces or eliminates their value to the employee.
(a) 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 (100) hours of Administrative
Leave on July 1, 2017, and each July 1 thereafter during the term of this MOA.
For fiscal years 2017-2018 2018-2019, and 2019-2020, up to fifty (50) hours of
Administrative Leave may be paid in cash or its equivalent value applied towards an
approved benefit program . Requests for payment of this leave shall be submitted to
the City Manager no later than June 1, of each of these fiscal years . Payment shall be
made no more than 30 days subsequent to the approval of t he request by the City
Manager.
Beginning with the 20 20-2021 fiscal year, the amount of unused Administrative Leave
that may be paid in cash or its equivalent value applied towards an approved benefit
program shall be reduced from 50 hours to 25 hours per fiscal year . Requests for pay
of this leave shall be submit ted to the City Manager on or before June 1 , 2021.
Payment shall be made no more than 30 days subsequent to the approval of the
request by the City Manager.
Administrative leave paid in cash shall be paid at the regular rate of pay , defined to
include base salary and POST certification pay .
Any unused Administrative Leave hours remaining on June 30, of each fiscal year shall
expire and shall not be carried over to the subsequent fiscal year. Use of Administrative
Leave is unrestricted.
5.3 Catastrophic Leave
Leave benefits shall be provided as outlined in City Council Resolution No. 2001-270,
adopted December 11, 2001.
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RPPSMA MOA June 25, 2017 through June 30, 2021
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 or adoption 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.
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, and any such light, limited, or modified duty shall terminate when the employee is
physically able to perform all his/her normal work duties, when the City is no longer able
reasonably to accommodate the employee’s restrictions, or as otherwise permitted by law.
5.8 Americans with Disabilities Act
The City recognizes it has an obligation under law to comply with the Americans with
Disabilities Act (ADA) and disability provisions of the California Fair Employment and
Housing Act (FEHA).
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 HSA), REMIF Self Insured Plans, including Traditional $250
and $500 Deductible and HSA Plans and, Sutter Health Plans, or any other comparable
health plan offered by the City.
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RPPSMA MOA June 25, 2017 through June 30, 2021
(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
7/1/16-
6/30/18
2018-2019 2019-2020 2020-2021
Employee Only (Single) $500 $500 $515 $530
Employee + 1 (Two Party) $1,000 $1,000 $1,030 $1,060
Employee + 2 (Family) $1,400 $1,400 $1,450 $1,500
(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: Employees who opt out of medical coverage are eligible to
receive an alternate benefit in the amount of $350 per month (provided as specified
below) if they satisfy the following conditions:
1. The employee must provide proof of and attest to having minimum essential
coverage as defined by the Internal Revenue Service (IRS) through another
group health plan (or other plan deemed acceptable by the IRS) for the
employee and for all individuals for whom the employee reasonably expects
to claim a personal exemption deduction for the taxable plan year to which
the opt out payment applies;
2. The employee must provide the City with proof of and attestation to coverage
every plan year. Such proof and attestation must be provided at the time the
employee first wishes to opt out of City-provided medical insurance, and
during Open Enrollment each year thereafter, so long as the employee wishes
to continue to opt out of City provided medical coverage.
This alternate benefit shall be provided as a contribution to the employee’s deferred
compensation account or for the purchase of supplemental life insurance and/or any
other eligible benefit program approved and authorized by the City.
(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 MOA. However, changes necessitated by REMIF’s transition from fully insured
plans to self-insured plans are outside the scope of this agreement.
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RPPSMA MOA June 25, 2017 through June 30, 2021
(e) Re-Opener If Needed To Address Requirements Of, Or Changes To Affordable Care
Act
If, during the term of this Agreement, the legal requirements of the Affordable Care
Act, or its successor, have an impact on City rights and obligations regarding health
benefits for City employees that cause the provisions of Article 5.10 to be out of
compliance with law, the parties agree to re-open Article 5.10 in order to meet and
confer over such impacts.
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
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RPPSMA MOA June 25, 2017 through June 30, 2021
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.
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
stepchildren), step-parents, aunts, uncles, grandparents, grandparent-in-Iaw,
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.
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RPPSMA MOA June 25, 2017 through June 30, 2021
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.
5.19 Retired, Deceased and/or Permanently and Totally Disabled Employees
This section 5.19 (including subsections) applies only to employees hired prior to July 1,
2007, and providing continuous City service since that time. The language in this section
has been revised from that contained in the previous MOAs between the City and the
Association for the purposes of administrative clarification, and does not represent a
change in benefits provided to current employees or retirees.
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 CalPERS 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. “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.
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RPPSMA MOA June 25, 2017 through June 30, 2021
2. Alternate Retirement Health Benefits For Employees Hired Prior to July 1, 2007
(a) Retirement Medical Benefits
Eligible Employees had the option to opt out of the retirement medical benefit
provided previously, and all employees hired before July 1, 2007 who are
currently in the unit elected to opt out, and are therefore covered by the
provisions below.
Eligible Employees hired before July 1, 2007 received the following Retirement
Medical Benefit, which is fully vested. Eligible Employees who elected this opt-out
option shall not be subject to any retiree medical cost-sharing requirements (i.e.,
normal cost) during the term of their employment.
(i) The City established a Retiree Health Savings Account (RHSA) (or substantially
similar investment account in the eligible employee’s name) for the Eligible
Employee. The City contributed $2,500.00 per year of Continuous City Service
into the RHSA. For purposes of the service credit calculation, eligible employees
received 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 and qualified
health care expenses until the Retired Employee reaches the age of Medicare
eligibility. These funds shall be provided to each member on a pre-tax basis (to
the extent permitted by law), through a Retiree Health Care Reimbursement
Account (RHRA). 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, subject to applicable group health insurance plan
requirements.
(b) 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.
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RPPSMA MOA June 25, 2017 through June 30, 2021
(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.
3. 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.
(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 Clothing Allowance
(a) That the City will provide, to employees newly employed or newly promoted into the
bargaining unit, an initial set of u ni for ms (i.e., two (2) sets of Class B/BDU
Uniforms Pants, two (2) Class B/BDU Long Sleeve Shirts, two (2) Class B/BDU Short
Sleeve Shirts; One (1) Wool/Class A Uniform Pants, One (1) Wool/Class A Long Sleeve
Shirt, and one (1) Ike Jacket. In addition to the above, employees who are newly
employed by the City shall also receive one (1) nylon duty belt and inner belt; two (2)
training shirts; two (2) fire T-shirts; Tie and Tie Bar and two (2) uniform hats. The
value of the uniforms provided to newly employed personnel does not exceed $900,
and the value of the uniforms provided to promoted employees does not exceed
$800. The City will provide the uniform maintenance allowance specified in (b)
below, and will not otherwise provide or pay to replace uniforms after the initial set
(e.g., the City will not replace or pay for damaged, worn out, or lost uniforms).
(b) The City will provide a Uniform Maintenance Allowance of $1,080 per
calendar year for employees. The Uniform Maintenance Allowance shall be
paid monthly, and the City will comply with CalPERS’ requirements for
reporting these allowances. Under current CalPERS regulations, uniform
allowances are to be reported to CalPERS only for Classic members. The
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RPPSMA MOA June 25, 2017 through June 30, 2021
uniform maintenance allowances shall be prorated for the 2017 calendar year
to reflect the effective date of the allowance provided by this section.
5.21 Education and Training
The City will provide an education and training assistance program to provide
reimbursement to employees for tuition and book costs only for attending and completing,
with a satisfactory grade (C or better), courses in the adult high school program, at Santa
Rosa Junior College, at Sonoma State University or any other educational institution
acceptable to the City. All courses or classes for which reimbursement will be requested must
be previously approved by the Supervisor and the City Manager prior to the start of said
classes and approval requested on the appropriate City form. The maximum allowed amount
reimbursable for tuition is one thousand dollars ($1,000) per instructional period plus books
and materials, with a total reimbursable amount not to exceed three thousand dollars
($3,000) per calendar year.
5.22 P.O.S.T. Certification Pay
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.
5.23 In-District Pay
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.
5.24 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 (CalPERS) three percent
(3.0%) at fifty-five (55), highest three year average program to local safety members
hired on or after this date. Effective January 1, 2012, all employees, regardless of
program, will pay the required member contribution.
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RPPSMA MOA June 25, 2017 through June 30, 2021
i. Except as otherwise specified in the cost sharing provisions of this MOA or
negotiated in the future, the City will absorb any employer contribution rate
increases for local safety members required by CaIPERS.
ii. The City will continue to modify the CalPERS 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) The required employee cost sharing of employer costs described in this Section 5.24
(b) (including all subsections), shall be implemented pursuant to Government Code
Section 20516 (f). The parties mutually recognize and acknowledge that these cost-
sharing provisions satisfy the maximum cost-sharing terms set forth in Government
Code Section 20516.5, and that the cost sharing provisions will continue beyond the
expiration of this Agreement.
i. Required Safety Employee Cost Sharing of Employer Costs Through June 30,
2018
Concurrently with the salary increases provided pursuant to Section 7.8 (a) (i.e.
the first day of the first full pay period after Council approval of this MOA), and
through June 30, 2018, local safety members participating in the 3% at 50 or 3%
at 55 retirement plan formulas shall pay, through payroll deduction, the required
9% member contribution, and an additional one percent (1%) of PERSable
compensation for a total contribution of ten percent (10%) toward the cost of
pension benefits.
ii. Required Safety Employee Cost Sharing of Employer Costs July 1, 2018 Through
June 30, 2019
Effective the first day of the first full pay period that includes July 1, 2018, and
through June 30, 2019, local safety members participating in the 3% at 50 or 3%
at 55 retirement plan formulas shall pay, through payroll deduction, the amounts
described in subsection 5.24(b)(i) above, and an additional one percent (1%) of
PERSable compensation for a total contribution of eleven percent (11%) toward
the cost of pension benefits.
iii. Required Safety Employee Cost Sharing of Employer Costs Beginning July 1,
2019, and Continuing Thereafter
Effective the first day of the first full pay period that includes July 1, 2019, and
continuing thereafter, local safety members participating in the 3% at 50 or 3%
at 55 retirement plan formulas shall pay, through payroll deduction, the amounts
described in subsection 5.24(b)(ii) above, and an additional one percent (1%) of
PERSable compensation for a total contribution of twelve percent (12%) toward
the cost of pension benefits. This required cost sharing requiring safety
employees to pay 12% of PERSable compensation toward the cost of pension
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RPPSMA MOA June 25, 2017 through June 30, 2021
benefits shall continue and constitute the status quo ante for all purposes and
state statutes after the expiration of this Agreement on June 30, 2021.
(c) New Local Safety Members Hired On or After January 1, 2013
i. Effective January 1, 2013, the City will provide the CalPERS 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).
(d) The City makes no representation concerning the value of this benefit or how it may
be taxed or treated by other agencies either presently or in the future. The City's
obligation under this section is limited to the direct cost of providing the benefit as
described. The City shall assume no further or additional financial obligation even if
an outside agency imposes or determines there to be a financial obligation for the
City or the employee.
5.25 Dependent Care Assistance Program
City will continue to provide the Dependent Care Assistance Program (DCAP) as
authorized by the Internal Revenue Service for the set-aside of employee pre-tax dollars
for childcare as approved by the Internal Revenue Service (IRS) and the California
Franchise Tax Board.
5.26 Health Care Tax-Free Dollar Account Program
City will continue to provide the Health Care Tax-Free Dollar Account Program as
authorized by the Internal Revenue Service for the set-aside of employee pre-tax dollars
for the cost of monthly health care premiums as well as eligible unreimbursed medical
expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise
Tax Board.
5.27 Counseling Services
Payment by the City of any unreimbursed costs, up to a maximum City reimbursement of
one thousand dollars ($1,000) per household per calendar year, for professional
counseling service charges which are not paid for by City-provided or other insurance
which the employee may have.
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RPPSMA MOA June 25, 2017 through June 30, 2021
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,
Bilingual Pay, Holiday Pay, Shift Differential Pay, Specialty Assignment Pay and In-District
Pay), health benefits, and contributions to the California Public Employees Retirement
System.
7.2 Compaction Trigger
Effective July 1, 2017, 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 top step Public Safety Sergeant (currently Step 6 plus 9.0% POST) and the total
compensation of a top step Public Safety Commander (currently step 6 plus 8.5% POST).
(See Attachment A for detail.) If agreements are made between the City and RPPSOA
resulting in an increase in Sergeants’ salaries after July 1, 2017, this compaction trigger
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RPPSMA MOA June 25, 2017 through June 30, 2021
will be in full force and effect and the City will adjust the steps of the Commander salary
range to maintain a 13.41% total compensation (as defined in Section 7.1, 7.2, and
Attachment A) difference between a top step Public Safety Sergeant and a top step
Public Safety Commander.
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. In order to receive pay pursuant to this
Section 7.3, the overtime must be approved by the Director of Public Safety. The overtime
provision will most often 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
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.
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RPPSMA MOA June 25, 2017 through June 30, 2021
7.6 Paychecks
When the City acquires the technology to do so, the City may distribute
paychecks/automatic deposit notices to employees electronically on payday. Employees
requesting a physical paycheck may pick it up on break or lunchtime at the City Hall front
counter on payday.
7.7 Pay Change Effective Dates
Any and all pay changes provided to employees, including, but not limited to step
increases, promotions, classification changes, or similar pay increases shall become
effective as described in this section 7.7. If the effective date of the change is in the first
week of the pay period, the increase will be effective on the first day of the pay period that
includes the effective date of the change. If the effective date is in the second week of the
pay period, the change will be effective the first day of the subsequent pay period.
7.8 Salary Adjustments
(a) Effective the first day of the first full pay period after Council approval of this MOA,
the Commander Pay Schedule shall be as follows:
This revised schedule shall be known as the 2017-2018 Pay Schedule. During the 2017-
2018 fiscal year, existing employees shall be eligible to move to newly established Step 6
on the Pay Schedule on their first anniversary date after Council approval of this MOA.
(b) 2018-2019 Increase: Effective the first day of the pay period that includes July 1,
2018, the 2017-2018 Pay Schedule shall be increased by three percent (3%). This
revised schedule shall be known as the 2018-2019 Pay Schedule.
(c) 2019-2020 Increase: Effective the first day of the pay period that includes July 1,
2019, the 2018-2019 Pay Schedule shall be increased by three percent (3%). This
revised schedule shall be known as the 2019-2020 Pay Schedule.
(d) 2020-2021 Increase: Effective the first day of the pay period that includes July 1,
2020, the 2019-2020 Pay Schedule shall be increased by three percent (3%). This
revised schedule shall be known as the 2020-2021 Pay Schedule.
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RPPSMA MOA June 25, 2017 through June 30, 2021
8. Alcohol and Drugs
The City agrees to continue to work together to assist any employees who have an alcohol, alcohol
related, drug or substance abuse problem. It is mutually acknowledged that continued
cooperative efforts would give employees a much better opportunity to recover from this very
serious health problem.
Since certain City employees are required to drive City vehicles, to think clearly and act responsibly
as well as use various types of equipment, and it is known that drinking alcoholic beverages or
taking certain drugs may slow a person’s reflexes and ability to think clearly, the probability of
having an accident is increased after drinking alcohol or taking certain drugs. The City recognizes
that this situation could place the employee as well as co-workers and the public at risk of injury.
8.1 Alcoholic Beverages or Other Drugs
Alcoholic beverages, or other drugs which affect an employee's ability to drive or function
safely, shall not be used by employees during their assigned regular workday, nor while
on assigned standby duty.
8.2 Off Duty Hours
If an employee who has been drinking alcohol or using a drug which may impair the
employee's ability to drive or function safely receives a call to return to work during off
duty hours, the employee must decline the request to work.
8.3 Prescription Drugs
Employees using prescription drugs that affect the employee's ability to work safely must
inform their supervisor and may be assigned to other appropriate duties or required to
take leave.
9. Grievance Policy and Procedure
9.1 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.
9.2 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.
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RPPSMA MOA June 25, 2017 through June 30, 2021
10. 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.
11. Management Rights
Except as limited in this MOA and applicable State laws, the exclusive rights of the City shall
include, but not be limited to, the right to determine the organization of city government and the
purpose and mission of its departments and agencies, to determine the nature, levels and mode
of delivery and for set standards of service to be offered to the public; and throu gh 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 estab lish employee performance standards
and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce
in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees
subject to the requirements of applicable laws; to lay off its employees whenever their positions
are abolished, or whenever necessary because of lack of work or lack of funds, or other
legitimate reasons; to determine whether goods or services shall be made, purchased, or
contracted for; to determine the methods, means, and numbers and kinds of personnel by
which the City's services are to be provided; including the right to schedule and assign work and
overtime; and to otherwise act in the interest of efficient service to the City; and to take all
necessary actions to protect the public and carry out its mission in emergencies.
12. 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.
13. Term of MOA
This MOA shall become effective on June 25, 2017 through June 30, 2021.
14. Invalidation
14 .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
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RPPSMA MOA June 25, 2017 through June 30, 2021
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.
1 4 .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.
15. 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.
16. 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.
17. 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.
18. Personnel Rules and Regulations
City Agrees to meet and confer with RPPSMA regarding any updates or changes to its Personnel
Rules and Regulations.
19. Succeeding Agreement
Negotiations for the period commencing July 1, 2021 shall begin on or before February 1, 2021,
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.
20. 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
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RPPSMA MOA June 25, 2017 through June 30, 2021
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 MOA, 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.
CITY OF ROHNERT PARK ROHNERT PARK PUBLIC SAFETY MANAGERS’
ASSOCIATION (RPPSMA)
_______________________________ ___________________________
Darrin Jenkins, City Manager Date Jeff Taylor, Commander Date
Official
____________________________
Jake Mackenzie, Mayor
Resolution Number: 2017- ______
ATTEST:
____________________________
JoAnne Buergler, City Clerk
Approved as to form:
__________________________________
Michelle Marchetta Kenyon, City Attorney
The following are incorporated in this agreement by reference:
• Attachment A - Compaction Analysis
• City Council Resolution No. 79-22, adopted February 13, 1979 - Grievance Policy and
Procedure (Currently under review and subject to change.)
• City Council Resolution No. 2001-270, adopted December 11, 2001 - Catastrophic Leave
• City's Personnel Rules & Regulations
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RPPSMA MOA June 25, 2017 through June 30, 2021
INDEX
Administrative Leave......................................... 4
Adoption Benefit ............................................. 8
Alcohol and Drugs ........................................... 18
Alcoholic Beverages or Other Drugs ............... 18
Alternate Day Off ............................................... 2
Alternate Retirement Health Benefits For
Employees Hired Prior to July 1, 2007 ........ 10
Americans with Disabilities Act ........................... 5
Annual Leave Program ...................................... 3
Catastrophic Leave ............................................ 5
Clothing Allowance ........................................... 11
Compaction Trigger ......................................... 16
Compensation Adjustments ............................ 15
Complete Understanding .................................. 21
Counseling Services ......................................... 15
Court Time Pay ................................................. 16
Critical Incident Call Out Pay ............................ 16
Day of Mourning ................................................ 2
Death/Bereavement Leave ............................. 8
Deferred Income ............................................. 9
Definition of Terms ........................................... 9
Dental and Vision Benefits For Eligible Employees
..................................................................... 10
Dental Insurance ................................................ 7
Dependent Care Assistance Program ............ 14
Education and Training ..................................... 12
Employee Death ................................................. 5
Employee Performance Evaluations .................. 20
Family and Medical Leave ................................. 5
Floating Holiday ................................................. 2
Fringe Benefit Administration ............................ 3
Fringe Benefits .................................................. 3
Funeral Benefit ................................................... 8
Grievance Policy and Procedure ........................ 18
Health Care Tax-Free Dollar Account Program
..................................................................... 14
Hearing Aid Benefit ........................................... 5
Holidays ............................................................. 2
Holidays Observed ............................................ 2
Hours, Days and Period of Work ....................... 1
In-District Pay .................................................... 12
Invalidation ..................................................... 20
Life Insurance ..................................................... 9
Light or Limited Duty .......................................... 5
Long-Term and Short-Term Disability Insurance . 8
Management Rights ......................................... 19
Medical and Health ........................................ 6
Military Training ................................................. 3
Non-Discrimination ......................................... 20
Off Duty Hours ................................................ 18
P.O.S.T. Certification Pay .............................. 12
Paternity Leave ................................................. 5
Pay Change Effective Dates ............................. 17
Paychecks ........................................................ 17
Personal Equipment ........................................ 15
Personnel Files ................................................. 20
Personnel Rules and Regulations ...................... 20
Police and Fire Services .................................... 16
Prescription Drugs ........................................... 18
Proclaimed Holidays .......................................... 2
Replacement ................................................ 20
Replacement Equipment ................................ 15
Required Safety Employee Cost Sharing of
Employer Costs Beginning July 1, 2019, and
Continuing Thereafter ................................ 14
Required Safety Employee Cost Sharing of
Employer Costs July 1, 2018 Through June
30, 2019 ...................................................... 13
Required Safety Employee Cost Sharing of
Employer Costs Through June 30, 2018 ..... 13
Retired, Deceased and/or Permanently and
Totally Disabled Employees .......................... 9
Retiree Health Benefits for Employees Hired On
or After July 1, 2007 ..................................... 11
Retirement Medical Benefits .......................... 10
Retirement Programs ................................... 13
Safety Equipment ............................................ 15
Safety Glasses and UV Eye Protection
(Sunglasses) ................................................ 15
Salary Adjustments ......................................... 17
Succeeding Agreement ..................................... 20
Suspension of Agreement ............................ 20
Term of MOA .................................................. 19
Total Compensation & Compaction Analysis . 15
Use of City Facilities ......................................... 19
Vision Insurance ................................................. 8
Work Curtailment (No Strike Clause) ............... 19
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RPPSMA MOA June 25, 2017 through June 30, 2021
ATTACHMENT A
COMPACTION ANALYSIS: Commanders & Sergeants
This Compaction Analysis shows the current baseline total compensation comparison between the
classes of Commander and Sergeant, using the agreed-upon definition of total compensation set
forth in Sections 7.1 and 7.2.
SERGEANT COMMANDER
Base Salary $ 9,874.8 $ 11,738.13
Stipend/Incentive POST 9.0% 8.5%
Total Comp** $ 10,763.53 $ 12,735.87
Percent Difference 18.32%
**Current Benefits Package is the same between positions.
Revised June 25, 2017
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RPPSMA MOA June 25, 2017 through June 30, 2021
City of
ROHNERT
P A R K
EMPLOYEE GRIEVANCE PROCEDURE
RESOLUTION No. 79-22
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RPPSMA MOA June 25, 2017 through June 30, 2021
TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS .................................................................................... 3
SECTION 1 STATEMENT OF PURPOSE ................................................................................................................................... 3
SECTION 2 DEFINITIONS ................................................................................................................................................. 3
SECTION 3 SCOPE .............................................................................................................................................................. 3
ARTICLE II — INFORMAL GRIEVANCE PROCEDURE .......................................................... 4
SECTION 4 GENERAL ................................................................................................................................................................ 4
SECTION 5 STEP ONE — IMMEDIATE SUPERVISOR .................................................................................................. 4
ARTICLE III — FORMAL GRIEVANCE PROCEDURE ............................................................. 5
SECTION 6 GENERAL ................................................................................................................................................................ 5
SECTION 7 STEP TWO — INTERMEDIATE SUPERVISOR ................................................................................................... 5
SECTION 8 STEP THREE — DEPARTMENT HEAD ............................................................................................................... 5
SECTION 9 STEP FOUR — CITY MANAGER .......................................................................................................................... 5
SECTION 10 STEP FIVE — GRIEVANCE APPEALS COMMITTEE ...................................................................................... 5
ARTICLE IV — RULES OF PROCEDURE ................................................................................ 6
SECTION 11 COMBINING GRIEVANCES ................................................................................................................................. 6
SECTION 12 WAIVING LEVELS OF REVIEW ........................................................................................................................ 6
SECTION 13 TIME LIMITATIONS ............................................................................................................................................ 6
SECTION 14 TIME OFF .............................................................................................................................................................. 6
SECTION 15 PRIVACY ............................................................................................................................................................... 7
ARTICLE V — GRIEVANCE APPEALS COMMITTEE ...................................................................... 7
SECTION 16 COMPOSITION AND SELECTION ..................................................................................................................... 7
SECTION 17 ALTERNATE MEMBERS ..................................................................................................................................... 7
SECTION 18 COMMITTEE PROCEDURE ................................................................................................................................ 7
ARTICLE VI — MISCELLANEOUS PROVISIONS ................................................................................ 7
SECTION 19 CONSTRUCTION .................................................................................................................................................. 7
SECTION 20 SEVERABILITY .................................................................................................................................................... 8
Page 2
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RPPSMA MOA June 25, 2017 through June 30, 2021
RESOLUTION NO. 79 -22
EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK
ARTICLE I — GENERAL PROVISIONS
SECTION 1 STATEMENT OF PURPOSE
It is the purpose of this Resolution to insure:
a. Employee Grievances are heard and resolved fairly and promptly
b. City employees are treated fairly and that their rights are maintained.
c. Grievances are resolved in an effective and orderly manner to insure
uninterrupted city services to the public.
SECTION 2 DEFINITIONS
As used in this Resolution, the following terms shall have the meanings indicated:
a. Appropriate Unit means a unit of employee classes or positions, established for
the purpose of collective representation.
b. City means the City of Rohnert Park.
c. Employee means any city employee, regardless of status.
d. Grievance means a complaint or dispute by an employee, group of employees,
or a recognized employee organization concerning the interpretation or
application of any matter falling within the scope of this grievance procedure.
e. Grievant means the party who has initiated a grievance procedure either
informally or formally.
f. Immediate Supervisor means the individual who immediately assigns, reviews,
or directs the work of an employee.
g. Intermediate Supervisor means the supervisor next above the immediate
supervisor as determined by the department head.
h. Recognized Employee Organization means an employee organization which
has been formally acknowledged by the city as a recognized employee
organization representing employees in an appropriate unit.
i. Working Days means those days on which the city administrative offices are
open for conduct of normal business.
SECTION 3 SCOPE
a. This grievance procedure pertains to application, interpretation , and noncompliance
with memorandums of agreement, council resolutions, city ordinances, and
departmental and city rules, regulations, and practices governing wages,
seniority, written reprimands, hours, safety, and other terms and conditions of
employment which the city has authority to change and for which no other appeals
procedure is provided. Issues excluded from the scope of this grievance
procedure include those matters which the city has no authority to change and
matters for which alternative appeals procedures have
Page 3
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RPPSMA MOA June 25, 2017 through June 30, 2021
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 actio n; 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) w orking 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.
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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 f orm 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
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then schedule the appeal for hearing not later than ten (10) working days from
the receipt of the grievance and shall forthwith notify the
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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 bo th 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 fo r 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 pr oceeding
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 TI ME 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.
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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 princ ipal 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.
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b. This resolution shall be interpreted so as to carry out its purposes as set forth in
Article I.
SECTION 20 SEVERABILITY
If any provision of this resolution, or the application of such provision to any person or
circumstance, shall be held invalid, the remainder of this resolution or the application of such
provision to persons or circumstances other than those as to which it is held invalid, shall not be
affected thereby.
DULY AND REGULARLY adopted this thirteenth day of February, 1979.
CITY OF ROHNERT PARK
/s/ Warren K. Hopkins
Mayor Hopkins
AYES: (5) Councilmen Beary
Carbone, Roberts,
Stewart and Hopkins
NOES: (0) None
ABSENT: (0) None
ATTEST:
/s/ Sandra Faus
Deputy City Clerk
Re-typed January 2003
jdc
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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 11th day of December, 2001.
CITY OF ROHNERT PARK
FLORES: AYE RALLY: AYE SPIRO: AYE VIDAK-MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
CITY
RORK& PARK
ATTEST:
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RESOLUTION NO. 2004 - 299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING REVISED PERSONNEL RULES AND REGULATIONS
WHEREAS, the City Council initially approved Personnel Rules and Regulations
on April 11, 1966 with the rules and regulations being presented as City Manager's
Administrative Policy No. 1; and
WHEREAS, the City Council approved revisions to the Personnel Rules and
Regulations on April 25, 1983; and
WHEREAS, the City Council approved further revisions to the Personnel Rules
and Regulations on November 12, 1991; and
WHEREAS, the existing Personnel Rules and Regulations require updating to
be in compliance with current state and federal law; and
WHEREAS, the City consulted with McDonough Holland & Allen, the law firm
representing the City's legal interests, to provide recommendations on drafting revised
Personnel Rules and Regulations compliant with existing state and federal laws; and
WHEREAS, revisions are proposed to the existing Personnel Rules and
Regulations to ensure legal compliance, provide greater direction to City employees
regarding the City's personnel policies, and include policies enacted by the City Council
since 1991; and
WHEREAS, the revisions have been discussed with the employee organizations
as required by the meet and confer laws of the State and the revisions have received
approval by the employee organizations; and
WHEREAS, the City Council has been presented the revisions to the Personnel
Rules and Regulations and has found them satisfactory.
NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park City Council that
the Personnel Rules and Regulations presented as revised and dated November 9,
2004 are hereby approved.
DULY AND REGULARLY ADOPTED this 9th day of November,2004.
ATTEST; CITY OF F-INERT
PAR
'h ( ,
Deputy City Clerk Mayodf",re
FLORE,S: AYE. MAI 'KENZIE: AMEN!' SPRADLIN; AYE
VXDAK. MARTINEZ: AYE NORDIN: AYE
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RPPSMA MOA June 25, 2017 through June 30, 2021
AYES: (4) NOES: (0) ADSF:NT: (I) ADS'f (0)
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CITY,01. ROI 11,11:H I PARK
snnnol Rules and Pegulalions
CITY MANAGER'S
ADMINISTRATIVE POLICY NO. 1:
PERSONNEL RULES AND REGULATIONS
NOVEMBER 9, 2.001
C r T Y O F C O l I N E P T P A R K P a g e 1 o f 3 9 F'erso:n Rule::: and Regulations
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OI fy Of 1::OHNE
Personnel Rules an<l Regulations
TABLE OF CONTENTS
SECTION 1 - INTRODUCTION .................................................................................. PAGES 3 •- 5
SECTION 2 - PAY PLANS AND COMPENSATION ........................................................... PAGES 5 -- 8
SECTION 3 BENEFITS ............................................................................................. PAGES 8 - 20
SECTION 4 IN-HOUSE RECRUITMENT ................................................................... PAGES 20 21
SECTION 5 - RECRUITMENT PROCESS .................................................................... PAGES 21 - 27
SECTION 6 - SEPARATION AND REINSTATEMENT ....................................................... PAGES 27 - 29
SECTION 7 .- INCOMPATIBLE ACTIVITY/CONFLICTS OF INTEREST ............................. PAGES 29 30
SECTION 8 DISCIPLINARY ACTION .......................................................................... PAGES 30 - 36
GLOSSARY DEFINITION OF TERMS ........................................................................... PAGES 36 - 39
RE SOLUT IONS EFFECTING PERSONNEL POLICIES
RESO 79 -22 - EMPLOYEE GRIEVANCE PROCEDURE
RESO 92-78 -- EQUAL OPPORTUNITY EMPLOYER
RESO 92-79 - POLICY AGAINST DISCRIMINATION BASED ON DISABILITY - ADA
PESO 93 -38 - AGAINST HARASSMENT
PESO 99-01 -- ELECTRONIC MEDIA USE
RESO 91 -192 - ANTI -DRUG POLICY
PESO 87 -117 -- DEPENDENT CARE ASSISTANCE PROGRAM
PESO 00 -10 - EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF
2004)
PESO 03 -71 -- PROVIDING FOR CONTINUATION OF SALARY AND BENE FITS FOR
ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR
TRAINING
PESO 03-235 - OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEAL -I H INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
CITY OF ROHNERT PARK Page 2 of 39
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;Personnel Rules and Regulations
SECTION 1 - INTRODUCTION
A. Purpose The City Manager, as 'Pei sonnel Officer for ihe City or his/her designee, is charged with the
responsibility of the City's personnel practices. In order to establish an equilable and uniform procedure (or
dealing with personnel matters and 10 attract to municipal service the Nisi and roost competent persons
;wobble. 10 assure that appointmeot mid promotions of persons will be based on merit and fitness and to
provide a reasonable degree of security for qualified employees, the following rules and regulations are es
tablisl ted.
P. Coverage - These rules and regulations apply to all offices, all regular full-time employees, regular part-
lime employees, and all positions and employments in the service of the City, except;
1. Elective officers in the performance of their elective duties and Members of appointed boards,
commissions and committees.
2. Persons engaged under contract In supply expert, professional, technical or other services.
3. Volunteer personnel, such as volunteer auxiliary firefighters and public safety reserve
officers. 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) mOirlIts during the fiscal year for special purposes).
7. Part-time employees paid by the hour or day who do not meet the definition of regular part-time
employees.
C. General Provisions -
1. The City expressly prohibits discrimination in 'employment on the basis of race, religious creed, color,
national or ethnic origin, ancestry, mental or physical disability, medical-condition, marital status, sex,
sexual preference, political opinion, political affiliation or on Hie basis that an individual is age forty (40)
or over, or any other basis protected by federal, state 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 hill with each employee, outline goals and expectations, and point out where the
employee has done mi 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 fess than eighteen
(18) months for Public Safely sworn employees.
a. Promotional appointments include a probationary period of not less than six (6) months for non-
supervisory employees and twelve (12) months for supervisors (includes management
classifications).
4. Employees must be physically and mentally able to perform the essential (unctions of the job, with or
without reasonable accommodation.
CITY OF RUINER.' PARK Page 3 of 30
Personnel Roles and Regulations
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CITY OI ROk MEV! PARK
Personnel Rules and Regulations
5. f he City reserves the rigid to amend these rules and agrees lo meet and confer with representatives
of recognized employee organizations on those changes that are within the scope of representation_
6. Nothing herein prevents or restricts the City's right to contract for performance of expert, professional,
technical or any other services.
7. Nothing herein 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 conditions of employment or memorandum o f agreement between a recognized
employee organization and the City conflicts with the provisions of these rules, then the provisions of the
memorandum of agreement will prevail.
E. Personnel Records - In the case of personnel records, the term "personnel rec ords" means any file
maintained under the individual's name by his or her employing agency containing records relating to
personal data, including marital status, family members, educational and employment history, or similar
information, medical history, election of employee benefits, and employment advancement, appraisal, or
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;
names ) 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 i n 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 froth outside agencies, firms, or individuals concerning personnel will be referred to the
Human Resources Department for handling and re sponse. 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 prese nt 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 ROHNERT PARK Page 4 of 39
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4 Any employee who wishes to review his or her personnel records . should contact the Llurnan
Resources Departineet arid sea up art appointment at a mutually agreed upon lime. 'The review must
be done in 11w presence of the I Ionian Resources Assistant or his/her designee at the location where
II le file is stored and at no loss Of COMIXN)S01100 10 the employee. An employee may request a copy
of any employment related document that he/she Ii is t.ielied This subsection does not apply to those
0111100yee;; covered by the Public Safety .Officers Procedural Bill of Rights (Government Code §3300 et
!leg )
a. An employee is not entitled to inspect records set forth in Labor Code section 1198.5(d) as it may,
from time to time, be amended. Impact records relating to the investigation of a criminal offense or
letters of reference.
b. An employee is not entitled to inspect complaints, or investigation of complaints, concerning an
event or transaction in which the employee was involved or participated to the extent that the
disclosure of such information would constitute an unwarranted invasion of personal privacy.
5. Employees have the right to respond in writing to any evaluation report placed in their personnel file.
Such responses must be submitted within thirty (30) calendar days of the evaluation interview and
will be included in the personnel file records.
F. Destruction of Records - The employee personnel records are considered a permanent record and all
personnel file documents are retained by the City for the duration of the employee's period of
employment and for any subsequent period required by law.
a. [he records of former employees are retained in accordance with the schedule established in
Resolution 90-161.
b, Shredding destroys personnel records that have reached the time limit established in Resolution
90161.
SECTION 2 - PAY PLANS AND COMPENSATION
A. Classification Plan -
1 Creation of classifications. The City Council, upon recommendation by the Personnel Officer, shall
create a classification plan for City employees. Each position shall be allocated to a class identified by
class title. Positions shall have the same class title when they conform to the same specification or
when the positions' descriptions are sufficiently similar as. to qualifications, educational requirements,
responsibilities, level of supervision, and other characteristics.
2. Specification of classes. A class may include more than one position. Each class will have a
specification, which includes a concise, descriptive title, a brief definition, a description of the
essential job duties and responsibilities, a statement of spedat requirements, and a statement of
desirable qualifications.
3. Reclassification. The Personnel Officer is responsible for reviewing the duties and responsibilities
of positions and recommending to the City Council the creation of new classes and the abolition of
existing classes. 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
materially, provided the reclassification can be accomplished within budget limitations. The
Personnel Officer has the discretion to determine when the drities have materially changed which
Y OF ROI INERT PARK Page 5 of 39
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CtlY OF P01-INERT PARK
Personnel Rules and Regulations
warrant a reclassification. To process reclassifications in a timely mariner, the following
process will he followed:
i. Supervisor or employee submits a request of reclassification to the Human Resources
Department.
U. Within fifteen (15) working days, We Human Resources Department makes an initial
determination whether the employee's ongoing job duties and responsibilities warrant a
position reclassification, Once completed, the Human Resources Department forwards its
recommendations to the Personnel Officer.
iii. Within fifteen (15) working days the Personnel Officer affirms or modifies the Human Resource
Department's recommendations. As a general guideline, the Personnel Officer will provide the
following conclusions to the employee and his or her supervisor: re-assign work duties so the
employee is no longer working outside of classification, appoint employee to existing
classification with greater responsibility, or create a new classification that more accurately
reflects We 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. 1 he City will meet arid 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 he 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 dale for promoted employees
is the date of promotion or in six (6) months if the employee in placed at Step A.
4. Demotions. When an employee is demoted, (moved from one class to a class with a lower maximum
Salary), the Personnel Officer will set the employee's salary within the range of the class lo which the
employee has been demoted. In this event, the employee's anniversary dale will be the same as the
effective dale of demotion for purposes of conducting performance reviews and making corresponding
salary adjustments. The employee's original hire dale 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 Ihe
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 ROHNFRT PARK Page 6 of 39
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employee will continue to receive his/her present salary until such time Os the maximum salary
for the class exceeds his/her rate of pay.
C. Employee Performance Review and/or Evaluation - I he performance evaluation process is intended 10
improve productivity and foster commuilication between supervisors and employees. Evaluations should be
conducted at least annually 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. The evaluation must
indicate clearly whether overall performance is superior, satisfactory, or substandard. The review process
must provide for employee feedback and face-to-face communication. Results of the performance review will
be utilized to determine employee's training and development needs.
Salary adjustments. Results of the employee's current performance review will be used to
determine salary adjustments on the employee's anniversary date. Employees whose work
pertormance is satisfactory will be eligible for advancement to the next higher step (not lo exceed
the maximum) of the salary range. Employees who receive a less than satisfactory rating may not
be eligible RH a salary advancement on their anniversary dale.
2 Employee review and response. Employee will be provided with a copy of his/her performance
evaluation twenty. four (24) hours prior to the evaluation interview. Employees have the right to
respond in writing to the evaluation report should they so desire. Said responses should be
submitted to the reviewer no later than thirty (V) days after the evaluation interview. Contents of
an employee's performance evaluation are out 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 15th 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 15111 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. Full-lime employees. Regular full-lime employees will be paid for the prior two-week period
worked.
h. Part-time employees. Regular part-time and hourly part-lime employees must submit their
timecards to the Finance Department on the 5th and 20'h 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.
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E. Overtime - Overtime hours must be approved in advance by the employee's direct supervisor or
Department Head. Overtime is to be kept to a minimum consistent with maintenance of essential City
services. All non-exempt employees will he 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 memoraodum(s) of agreement or the outline of certain
employment conditions for non-represented employees, compensatory lime 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 all or a portion of overtime worked in lieu of accruing CT O. 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
Ihe 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 Ihe specific dates requested by an employee will be permitted
as much as reasonably practicable taking into account the operational needs of the department. To
facilitate scheduling, employees are encouraged to provide as much advance notice as possible of
the dales they desire to use CTO.
SECTION 3 - BENEFITS
A. Holidays -
1. Scheduled holidays. The City Council establishes.the holidays to be observed by the City for each
calendar year, subject to modification by any applicable MOA. Generally, the City observes as
holidays those days proclaimed by the President of the United States, the Governor of the Stale of
California, and/or the Mayor of the City of Rohnert Park to be public holidays. Additionally, the City
usually observes any day declared by the Governor to be a day of mourning or special observance
for Slate employees.
2. Weekend holidays. Generally, when a holiday falls on a Saturday, it shall be observed on t he
preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday. If
a holiday falls on an employee's regularly scheduled day off, the applicable memorandum of
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agreement will determine whether the employee is paid holiday pay or given compensatory lime off If any
outline of conditions of employment or memorandum of agreement conflicts with this subsection, the
provision of 1he conditions of employment or memorandum of agreement will prevail.
Holiday pay. Regular lull-lime and regular part-time employees are entitled to re eeive time off with
pay at their regular rate of pay for the holiday. Regular part time employees receive either 50% or
/5% of the holiday pay as determined by the number of hours per week the employee is normally
scheduled to work. An employee who resigns may not select a holiday as the employee's last day of
eniploymer it
Required work on holiday. An employee whose job performance is essential to maintain public services
may be required to work on a holiday. In such cases, the applicable MOA will specify the pay and/or
benefits received for the work performed on holidays.
B. Vacation
Vacation policy. All regular full-time and regular part-lime employees are entitled to vacation time oft
work with pay. Eligible regular part-time employees accrue vacation al the rate of 50% or 75% of the
allotment established for full-lime employees as determined by the numbei of Weis the part-time
employee is regularly scheduled to work. Eligible employees will accrue vacation Irorn the date-of-hire
but may not lake accrued vacation until the completion of six (6) months of continuous service.
However, upon completion of six months of service, hehile will be eligible to request a scheduled
vacation. This vacation policy is subject to modification through an applicable MOA for represented em
ployees.
2. Vacation accrual. Vacation accrues for regular full-time employees accoi ding 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 hiOitrr supervisor. The
smallest amount of vacation time that may be used is 1/4 hour (15 nornutea) individual may have
unused annual vacation leave carried. over to the following calendar year. II maximum accrual is
reached, Wither vacation accrual will slop. When the employee uses paid vacation time and brings the
available amount below the cap, vacation accrual will resume at the regular monthly accrual The City
may make an exception to the vacation accrual cap in extraordinary circumstances where, due to the
requirements of City service, an employee is required to forego a vacation during the particular calendar
year. In such cases, the affected employee may apply to the Personnel Officer to increase I is or her
vacation cap by the number of days the emplgyee was not permitted to take as vacation days. The
Personnel Officer may, in his or her sole discretion, grant such requests from lime to lime.
4. Vacation at termination. Upon termination, an employee shall receive a lump sum payment for the
balance of accrued vacation hours. Payment for unused vacation shall be made at the rale of pay in
effect for such employees at the time of termination When termination is caused by the death of the
employee, pay for unused vacation shall be paid to the same beneficiary the employee has
designated for Life Insurance benefits. Beneficiary designation otherwise, shall he in writing, signed
by the employee and filed with the Finance Department, Payroll Office. Vacation accruals are riot paid
to employees who are employed by the Cityless than six months.
5. Holidays falling during vacation. When a day designated and observed by the City as a holiday occurs
on a day on which an employee is taking vacation, such employee shall not be charged as using
vacation for that day. The employee's compensation for that day shall be holiday pay and he/she shall
riot be paid or charged for vacation. This holiday policy is subject to modification through on applicable
MOA for represented employees.
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6. Illness during vacation. If an employee becomes ill or is injured while on vacation, the time off will
still be counted as vacation lime and not sick lime.
7 Vacation accrual during leave of absence. Employees who are off work on a paid leave shall
continue to accrue vacation during the leave period. Employees who are off work on an unpaid
leave shall no longer accrue vacation after ninety (00) calendar days.
C. Sick Leave -
1. Eligibility. Regular full-time and regular part-lime employees are eligible for sick leave in accordance
with the applicable MOAs. Unrepresented, confidential, and management employees' eligibility for
sick leave is specified in the applicable City resolution outlining their conditions of employment,
benefits and salary adjustments.
2. Accrual_ Sick leave shall be accrued in accordance with the applicable MOA's or Outline of Benefits
for the Management and Confidential Units.
3. Use of sick leave.
a. To qualify for sick leave, the employee must report his/her illness or injury to his/her supervisor
at the beginning of any sick leave period and daily thereafter unless otherwise arranged. The
supervisor may require a written statement !tom the employee's health care provider verifying
that the employee is or was incapacitated and unable to perform his/her dulies. Any absence of
five (6) 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-hall his/her yearly paid sick leave accrual (based on calendar
year) to attend to an illness of a child, parent, spouse, or domestic partner of the employee or the
child of the employee's domestic partner.
c. An employee may use sick leave for medical examinations and appointments provided,
however, lhat such leave lime may be limited to (our (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 Mal an employee exhausts his/her paid
sick leave, he/she may be entitled to additional unpaid leave under the Family and Medical
Leave Policy.
e. Any employee who is -absent from work on sick leave shall not engage in work or other activities
at any time that would be in conflict with the inability to report for work and to perform the duties
assigned. If an employee violates this policy, appropriate disciplinary 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 Ihe leave period. Employees who are off work on an unpaid leave shall
no longer accrue sick leave after ninety (go) calendar days.
Accumulation. Accrued sick leave may be accumulated to the limits described in the applicable
Memorandum of Agreement,
6. Sick leave and Workers' Compensation disability payments. An employee receiving temporary disability
payments under the Workers' Compensation Laws, may use accumulated sick leave in order to
continue to maintain his/her regular income. Under such circumstances, the employee shall be paid
(out of his or her sick leave balance) the difference between his/her full salary in proportion to the
amount of his/her full salary paid by the City during such period of disability.
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D. Bereavement Leave -
1, In the case of death within the immediate family of an employee, the employee shall be entitled to
three (3) days of paid leave. An additional Iwo (2) days of sick or vacation leave may be taken
upon approval of the employee's supervisor if the employee must travel out of the area (at least
250 miles one way).
2. Immediate family in this case means. Spouse, domestic partner, father, father-in-law, mother, mother-
in-law, brother, brother-in-law, sister, sister-in-law, child (including stepchildren), stepparents, aunts,
uncles, grandparents, grandparent-in-law, grandchildren and relationships in loco-parentis and close
personal relationships, with the .approval of the City Manager or his/her designee_
The employee's supervisor may require proof of death of the person(s) for whom the employee is
taking bereavement leave.
E. Military Leave -
Eligibility. -I. he City grants military leave to all employees for service in the uniformed services in
accordance with federal and stale law.
2. Notice. The employee must notify his/her supervisor of upcoming military duty at soon as he/she
becomes aware of his/her obligation and provide a copy of his/her military orders.
3. Compensation. Employees on temporary military leave will be paid their normal salary for the first
thirty (30) calendar days while engaged in the performance of ordered military duly. Pay for such
purposes shall not exceed 30 days in each fiscal year If the employee's military leave exceeds thirty
days, the City will continue to pay the difference between the employee's normal salary and the total
of his/her military compensation if the employee is called to active duty as a result of a declaration of
emergency, war, or as necessary for 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 calculiiling 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 lair Labor Stanikirds 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 remain in place while the employee is in a paid
military leave status as indicated in Section 3 above. for employees in a non-pay status, all health
insurance benefits will continue for a period of 12 workweeks on the same terms and conditions
as if the employee were riot on a leave of absence. The 12 workweeks would be calculated based
on the beginning of non-pay status. Thereafter, the employee has the option to continue his/her
health plan benefits, at the employee's expense, for up to eighteen months.
For employees both in a paid and unpaid stains, the benefits shall be provided in accordance
with the City's applicable agreements, outlines, rules, policies and procedures and all stale and
federal laws. Such benefits may be subject to individual plan provisions.
b. Pension plan benefits. During any period of paid leave, the City will pay the employer and employee
contributions to CaIPERS. Additionally, employees returning from military leave are entitled to
pension benefits that accrued during military service and to any CalPERS contributions
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that would have been made if the employee had riot 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 rnilitary leave are entitled to begin accruing vacation at the rate the employee would
have attained if the employee had not taken military leave.
d. Seniority. Employees returning from military leave are entitled to the seniority and other rights
and benefits determined by seniority that they would have attained with reasonable certainty had the
employee not taken a military leave.
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 his/her military separation document. Reinstatement will not be denied or delayed if the information does
not yet exist or is not readily available, however, the employee is required to provide the information as soon
as it is available. Reinstatement will be denied only when legally permissible.
Federal law provides for the followin g 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 tim e frame is impossible and then the employee must report as
soon as possible.
b. For military leave of more than 30 days but less than 181 days, the employee must report for
reemployment within 14 calendar days following completion of service, unless reporting within such
time frame is impossible and then the employee must report as soon as possible.
c. For military leave greater than 181 days, the employee must apply for reemployment within 00
days of completion of the service.
F. Family And Medical Leave -
Eligibility. Family and medical leave ("FML") shall be granted in accordance with the provisions of state and
federal law. All employees who meet the eligibility criteria stated in this policy are entitled to lake an unpaid
FIvIt.
to qualify for FML, an employee must have been employed by the City for a period of twelve months and
have worked for at least 1250 hours during the 12-month period immediately preceding the leave. FML may
be granted for the following reasons: (1) the birth of a child to an employee or placement of a child with an
employee in connection with the adoption or foster care; (2) to care for a child, parent, spouse or domestic
partner who has a serious health condition; or (3) for the employee's own serious health condition that
makes the employee either unable to work at all or unable to perform one or more of the essential functions
of the position assigned.
2. Amount of FML. Eligible employees are entitled to FML totaling twelve (12) weeks within a 12-month period.
The 12-month period within which the leave must be taken begins on the date the employee's leave begins
and concludes 12 months after that date. This leave shall be concurrent with any disability leave associated
with pregnancy, childbirth, or related pregnancy conditions as provided in the City's Pregnancy Disability
leave (PDL) Policy.
3. Intermittent leave. When medically necessary (as certified by a health care provider), leave may be
taken on an intermittent or reduced leave schedule. "Intermittent leave" is leave taken in sepa rate
blocks of lime due to a single event, rather than for one continuous period of time, and may include
periods of not less than 1/4 of an hour and up to several weeks. The City may require an employee
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who is on a reduced work schedule or intermittent leave to temporarily Transfer
to an alternative position, with the same pay and benefits, if the alternative position better
accommodates the required work schedule than the employee's usual position
4. Notice of leave. An employee must provide at least thirty (30) days advance written notice of the need
for FMI_ whenever possible_ If thirty (30) days notice is not possible, the employee must give
notice as soon possible. If the employee fails to give thirty (30) days advance notice for
foreseeable events without any reasonable excuse for the delay, the City reserves the right lo
postpone the leave until at least thirty (30) days after the written notice was received.
S. Statement of health care provider. When the leave is for a serious health condition, a health care provider
must provide written certification to support the request for leave 1 he statement for an employee's
serious health condition shall specify the commencement dale of the event which prevents the employee
from performing the functions of his/her position, the anticipated duration of the leave, and a statement
that the employee is unable to perform the essential functions of his of her position. The statement for
the employee to attend to a family member shall slate the date of commencement of the serious health
condition; the probable duration of the condition; an estimate of the amount of time that the health care
provider believes the employee needs to take in order to care for the family member, and that the
serious health condition warrants the participation of the employee.
If the FML request is for the employee's own serious health condition, the City may require, at its
expense, a second opinion from a health care provider designated by the City. The health care
provider designated by the City will not be one who is employed on a regular basis by the City. If
the second opinion differs from the first opinion, the City may require, at its expense, that the
employee obtain a third opinion by a health care provider approved jointly by the City and the
employee. The third opinion shall be considered final and binding on the City and the employee.
A new statement from a health care provider may be required if the employee requests an extension
to the leave requested in the original statement.
The City does not require the certification disclose the underlying diagnosis without consent from
the employee_
6. Pay during leave. FML is unpaid except to the extent the employee elects to substitute accrued paid
leave lime. An employee may use accrued sick leave when the FML is for the employee's or the
employee's family member's serious health condition. An employee may substitute accrued vacation
leave, compensatory lime 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. The employee must arrange for
payment of his/her premium contribution, in advance. A lapse in insurance coverage will occur if a
premium payment is more than 30 days Tate.
B. Other benefits during FML. During any portion of FML for which an employee substitutes other paid
leave benefits, the employee will continue to accrue paid leave benefits (i.e., sick leave, vacation
leave), seniority, and other benefits to the same extent that the employee would accrue those
benefits if not oil FML_ Employees on FMI.. are not eligible for holiday pay (e.g. paid for holidays
worked) for holidays that fall during FMI_
9. Reinstatement. Except as provided in Section 21.3.7, an employee who lakes FML shall be eligible for
reinstatement to the employee's former position at the former rate of pay. However, if the position
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is not available due to business necessity, the City may instead offer the employee a job that is
comparable in terms of pay and duties An employee retains the same right to employment as it not
on FML..
If an employee fails to report to work promptly at the end of FML, the ernployee will be assumed to
have abandoned his/her employment unless additional leave has been approved,
10. Reinstatement for key employees. If reinstatement of a key employee causes a substantial and
grievous economic hardship to the City, the City may deny reinstatement of the key employee to the
position held at the time FML was requested. A key employee is defined as an employee who is paid
on a salary basis and is among the highest paid 10 percent (10%) of all Oily employees as determined
at the time of the request for leave.
11. Statement regarding return to work. If the employee takes WI. 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 it 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 -
1. Eligibility. Any employee who is disabled from working due to pregnancy, childbirth or related
medical conditions is eligible for Pregnancy Disability Leave (PDL).
2. Amount of PDL. PDL will he 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 health needs, the employee will receive the pay
specified for the alternate position and/or duties.
5. Statement by health care provider_ An employee requesting PDL shall provide the Human Resources
Department with certification from her health care provider stating the anticipated delivery date and
estimated dates and duration of the disability. If there is a change in diagnosis, and the dates are either
accelerated or delayed, notification from the health care provider is required.
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A health care provider's statement must be submitted verifying the need for
pregnancy disability leave or for transfer, staling the following:
a. 1 he date on which the employee became disabled due to pregnancy, childbirth or related
medical condition or lime, 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 statement that, due to the disability, the employee is unable to perform one or more of the
essential functions of her position without undue risk to herself and, the successful completion
of her pregnancy, or that transter is medically advisable.
A new statement may be required if the employee requests an extension of time beyond that
specified in the original statement.
Any changes in the information contained in the health care provider's statement must be
promptly reported by the employee to the Human Resources Department,
6. Use of accrued leave while on pregnancy disability leave. An employee may use any combination
of accrued paid leave during the duration of PDL. The substitution of paid leave does not extend
the maximum length of a PIA.
7. Insurance benefit premiums during POL. An employee will receive the same insurance benefits and
premium payments during PDL. as if the employee were not on leave, for a maximum of twelve
(12) workweeks. An employee on unpaid PDL beyond Ihis period may continue health insurance
or other benefit coverage at own her expense, at the City's group rates. The employee must
arrange for payment of the premium contribution in advance_ A lapse in insurance coverage will
occur if a premium payment is more than 30 days late.
is. Other benefits during PDI_. During any portion of PDI for which an employee substitutes other paid
leave benefits, the employee will continue to accrue paid leave benelits (i.e., sick leave, vacation
leave), seniority, and other benefits to the same extent that the employee would accrue those
benefits if not on PDL. Employees on PDL are not eligible for holiday pay (i.e. pay for holidays
worked) for holidays that fall during the PM.
O. Reinstatement. An employee who takes PDL shall be eligible for reinstatement to her former position at
her former rate of pay. However, if the same position is no longer available due to business necessity,
the City may instead offer a job that is comparable in terms of pay and duties.
If an employee fails to report to work promptly at the end of P01, the employee wilt 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 POI. 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 slate or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any 'other person
who meets the definition of others "capable of providing -health care services" as set forth in the
federal Family and Medical Leave Act and its implementing regulations.
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H. Work -Related Injury Anti Illness Leave -
1 Eligibility. All City employees arc covered by Workers' Compensation Insurance. All regular
employees are eligible for industrial sick leave as provided in the current applicable memorandum(s)
of agreement_
2. Reporting accidents and injuries. An employee who is injured or becomes ill in the course of employment
must immediately report the incident to the employee's supervisor. The supervisor must provide an
Employee's Claim for Workers' Compensation Benefits form to the injured/ill employee for completion
as soon as possible. Within 24 hours of receipt from the employee, the supervisor must submit the
completed supervisor's report of injury to the Human Resources Department. An employee who fails to
promptly report a work-incurred injury or illness to his or her supervisor may be subject to discipline, up
to and including termination.
3. Temporary disability benefits. An employee eligible for temporary disability payments under the
Workers' Compensation Law will receive the amount as provided by that law.
4. Salary continuation integration with accrued leave. Employees receiving temporary disability
payments under the Workers' Compensation Law may elect 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.
G. 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 (or 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 given to the Human Resources Department. The employee shall receive full pay
for the time served on jury duly, provided the employee remits to the City all fees as soon as received by
the employee for such duties. Compensation for mileage or subsistence allowances shall not be
considered as a fee and shall be retained by the employee.
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All other employees will be granted leave without pay except where necessary to maintain the employee's
exempt statue; under the r air 1 abor Standards Act.
If art employee is required to report 10 jury duty within 2 hours of the scheduled start of the workday, the
employee is not required to report to work at the start of woikday, but shall report directly to jury duty. If
an employee is released from jury duty with MOM than ono. hall of his/her workday remaining, the employee
is required lo repot Ito work lo complete the regularly scheduled workday.
K. Unjid Administrative Leave
1. Eligibility. Upon written request of an employee, the Personnel Officer may approve in writing an
unpaid leave of absence without pay for a period not lo exceed six (6) months.
2. Reason for leave. Unpaid Administrative Leave will be granted for the following purposes:
a. School visit leave. An employee who is a parent, grandparent, or duly appointed guardian with
custody of a child in a licensed day care facility or in kindergarten through 12 th grade will be-
granted up to itti hours in a 12-month period (not to exceed 8 hours in one month) to visit the
school site, il 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 suspension of a el iild the employee may use accrued leave for school visits. If accrued
leave is exhausted, the Personnel Officer may allow the employee to work an alternative
schedule to accommodate the leave Or provide leave withor it pay.
Written proof of the date and time of the visit signed by an appropriate school official may
be required to he provided to the Personnel Officer on return to the job.
b. Voting leave. Any employee, if he or she does not have sufficient lime outside of working hours
to vole, may request up to two (2) hours of accrued paid leave either at the beginning or end of
scheduled working hours to enable the employee to vote, If the employee has no accrued paid
leave, lime elf shall be granted without pay except where necessary to maintain exemptions
under applicable state and federal wage and hour laws.
c. Domestic violence leave An employee who is the victim of domestic violence may lake unpaid
leave or use any ilv3ilable Ir.ritt time oft 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 lake leave to seek medical or psychological
treatment, to obtain necessary social services, and/or to participate in safety planning or take
other actions to increase safely. The employee must provide reasonable notice of the need for
such leave and shall provide evidence satisfactory to the Personnel Officer of participation in
one or more of the activities specified in the preceding sentence. The amount of leave provided
shall be in accordance with Labor Code section 230.1.
cl. 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 art unpaid leave or any available paid time off benefits
to attend judicial proceedings related to that crimp.
e. Emergency duty and training leave. Volunteer firefighters and other emergency personnel may
take an unpaid leave or use accrued leave to perform► emergency duty. Volunteer firefighters
may take up to lit days leave per calendar year to engage in training. Ihe employee must
provide reasonable notice to the Personnel Officer of the need for such leave and shall provide
to the Personnel Officer satisfactory evidence of participation in the emergency duty or training.
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f. 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 -
1. Benefits. The City provides group medical, denial, and vision insurance to eligible employees and
their dependents and domestic partners (effective January 1, 2005) as detail ed in the applicable MOAs and
City Council resolutions outlining conditions of employment and benefits. The Personnel Officer shall
maintain records of the terms and conditions of the health insurance and other benefit contracts, benefit
levels, and adminisli ation procedures. More detailed information regarding these benefits is set forth in Ihe
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 pol icy 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 lo time.
2. Commencement of benefits. The benefits described in this section shall begin the first of the month
following the first day of employment or on the date-of-hire if it occurs on the first of the month.
3. Health insurance waived by certain employees. The City provides eligible employees alternative medical
benefits when the employee has coverage from another source and the employee waives benefits under
the City's plan. These alternative benefits are described in Resolution No. 96 -203.
4. C.O.B.R.A. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires the City to offer
employees and their eligible dependents an opportunity for a temporary extension of health coverage upon
separation of employment or loss of dependency status. The specific provisions and restrictions of the Act
are available from the Human Resources Department.
M. Miscellaneous Employee Benefits -
1. Disability wage plan. -The City provides a disability wage plan to regular full time and part -time
employees, Benefits and conditions of the plan are more specifically described within the City's Disability
Wage Plan document available upon request from the Human Resources Department.
2. Long-term disability insurance, City provides long-term disability insurance to regular full-time and
regular part-time employees. The purpose of LTD insurance is to provide eligible employees with a
percentage of normal income when an injury or i llness 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 b e modified
from time to time in the event that the City changes carriers.
When an employee is receiving benefits from other sources, the total amount of compensation received by
the employee, including LTD benefits, shall not exceed one hundred percent (10 0%) 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 effecti ve January 1,
2005) an employee assistance program. -1 he program provides access to professional counselors and
therapists to assist employees in resolving stress resulting from personal issues, substance abuse, grief or
work-related issues. Any information provided to a counselor or
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therapist is confidential. No iniouriation is provided to the City regarding an eligible member's use
of the LAP_ .1-o make an appointment with a counselor call Cigna Behavioral I lean al (888) 371-
1125, For more information, contact the Ilurnan Resources Department.
S Health Care Tax-free dollar account program. -This program allows permanent fult.erne or It; is t ione
employees to set aside a maximum of $3,000 per calendar year of before lax wages for medical
premiums, co-payments, or out of pocket medical costs, as authorized by the Internal Revenue
Services and the California Franchise Tax Board. A regular employee become:, eligible on dale of
hire. Employee participation in this program is coordimited through the I Malice Hepartateril. 1 he
tax deferral limits are subject to change due to changes in federal and/or state law
(3 Dependent Care Assistance program. This program allows eligible lull-lime oi 1.i; id hint' employees
to Set aside a maximum of $5,000 per calendar year before lax wages for child cam expenses as
authorized by the Internal Revenue Services and the California I- rani.hr:e T ax Board A regular
employee becomes eligible on dale of hire. Employee parlicipalieu in this program is coordinated
through the Finance Department. The lax deferral limits are subject to change due to changes in
federal and/or state law.
7. Deterred income program. The City particip ates in a deferred income program now being
administered by National Deferred and ICMA. This program allows eligible lull-time or part-lime
employees to set aside a maximum of $13,000 per calendar year ($14,000 in 7005, $15,000 in 2000
of before lax wages for post-retirement income as authorized by the Internal Revenue Services and
the California Franchise Tax Board. A regular employee becomes eligible en date-of-hire employee
participation in this program is coordinated through the Finance Department. 1 he lax iletenal limits
are subject to change due to changes in federal and/or state law.
8. Hepatitis B program. Below is an explanation of the City's Hepatitis B Program
Employees who may have to perform first aid as a regular job duty or are irt 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 Safely Officer
P.S. Sgt.
P.S. LI.
P.S. Division Commander
Director of Public Safety
Community Services Officer
Evidence Technician
Property Specialist Voi.
Auxiliary Firefighter
Reserve Officer
Seasonal Maintenance Assistant
Maintenance Helper
Maintenance Worker I
Maintenance Worker II Public
Works Services Supervisor
Recreation Supervisor
At the lime of the pm. employment physical, the candidate has a blood test that lets the City know if
they have the Hepatitis 13 antibody. At the employment orientation, Human Resources Department
provides the new emeloyee (if they are in one of the jobs claSses listed above) information on what
Hepatitis B is and a checkoff loan, which indicates whether or riot they wish the 3-shot immunizzition
program. I lumen Resources (HR) logs in the employee's response in its safety records.
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Employees who wish the 3-shot Ilea. B series go get their shots, inform HR when they received each
shot, and turn in their receipt for reimbursement. Employees with Kaiser insurance can gel them free
of charge through Kaiser as preventative care and necessary due to their job class. Employees with
Blue Cross insurance are instructed to gel their shots at the County Health Dept. and submit their
receipt for reimbursement. It is important that the employees not miss an appt. for a shot as they
might have to repeat the 'series. There are specific timeframes for each shot.
It an exposure incident occurs at work, under workers' compensation, the City has the employee
tested and if necessary they are given a Hep. B booster shot for additional protection.
SECTION 4 - IN-HOUSE RECRUITMENT
A. Transfer - If an employee is qualified, Ihe 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. Voluntary request for transfer initiated by department supervisor and/or employee.
b. Involuntary transfer initiated by the Personnel Officer to better serve the needs of the City.
c. Transfers for disciplinary reasons are subject to the provisions of Section 8.
d. The Personnel Officer may transfer an employee to a class with a lower maximum salary with
the consent of the employee, provided the employee possesses the desirable qualifications for
the position to which he/she reassigned.
2. Process for transfers. Transfer process and approval is made as follows:
a. At least two weeks prior to the transfer, a notice will be sent to the affected employee(s) and
bargaining unit(s) stating the nature of the transfer and an explanation as to why the transfer
is necessary.
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 -
1. Qualifications. A person may be moved to a class with a higher maximum salary only if he/she has
the desirable qualifications for the higher class. These desirable qualifications are ascertained on the
basis of information obtained from application forms, tests, examinations, interviews, past
performance reviews or evaluations, and/or input from an employee's supervisor.
2. Internal/external 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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3. Request for eligible employees. When a vacancy occurs, the Supervisor may request a list of names
of persons in City employ who qualify for promotion to the vacant position for consideration iron
the I lumen Resources Department.
Determining pay for promoted employees. Refer to Section 2 - Pay Plans and Compensation, Part
13, Section 3.
C. Trainee Program In an effort to provide upward mobility opportunities for current City employees and to
provide employment opportunities to the general public, the Personnel Officer can add the word "Trainee"
to any classification, within the financial ability of the City, except those represented by a bargaining unit,
employed by the City and 10 recruit and select individuals to fill positions as deemed appropriate.
The training program provides an opportunity for 0 current employee to gain adc.litionat skills by:
a. additional experience in a dif fermi! classification,
b, additional schooling;
c. completion of an appropriate examination;
d. obtaining a Stale certificate or license in a specific classification.
2. Recruitment for these positions may be promotional or open as deemed appropriate by the
Personnel Officer and the Initial salary would be up to thirty percent (30%) below the beginning of
the established salary range.
3. Transition from trainee classification may occur as early as six (6) months but no later than Iwo
(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. Apprenticeship Program - The City may establish an apprenticeship program in partnership with a local
school district, Sonoma Stale University, Santa Rosa Junior College, or an accredited trade school. This
program would be conducted in cooperation with the applicable bargaining units.
E. Probationary Period. The probationary periods set forth in Section 5 also apply to all placements resulting
from the in-house recruitment process.
SECTION 5 - RECRUITMENT PROCESS
A. Announcement of Vacancies - Notices of employment opportunities in the City will be first announced
in house, via electronic mail, allowing current employees the opportunity to apply for the position. The
announcement will also he posted in the City offices and publicized in any other ways necessary to attract
the best qualified candidates.
1. 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 arid the qualifications required for employment
in the class, tell when and where to lite 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 prope rty of the City, Any information on the application will not be
made public
1 Application form. The form by which a person applies for a position with the city is prescribed by the
Personnel Officer and requires information about the applicant's training, experience, qualifications
and any additional information the Personnel Officer deems pertinent to an evaluation of the applicant's
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. The Personnel Officer may disapprove an application, disqualify an applicant in an
examination, refuse to place a name on an eligibility list for any of the reasons listed:
a. lacks any of the requirements established for the examination or position for which application
has been made;
b. excessively uses narcotics and/or intoxicating liquors to the extent that they are unable to perform the
essential functions of the position;
c. an employee that is not physically and/or mentally able to perform the essential functions of the
job, with or without reasonable accommodation;
ct. has made any false statement or omission of any significant fact, or has practiced or attempted to
practice deception or Iraud 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 riot entitled;
f. previously been dismissed for cause from any public or private employment or resigned to
avoid such dismissal;
g. has failed to submit a complete and/or signed application within the specific time limits;
h. has failed to reply within five (5) working days from the date mailing, to communications
concerning availability for employment;
i. has made himself/herself unavailable for employment by requesting that his/her name be
withheld from consideration.
for any ma terial 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.
Criminal convictions. Convictions (including pleas of guilty and nolo contendere) may disqualify an
applicant from employment by the City. Criminal convictions do riot necessarily disqualify individuals
from employment with the City. In determining whether an individual with a conviction is disqualified, the
Personnel Officer will consider the following factors:
a. the employment classification to which the person is applying, including its sensitivity,
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b. ii lure and seriousness of the conduct,
c. the length of time since the conduct,
d. the age of the individual at the lime of conduct,
e. circumstances surrounding the conduct,
f, contributing social or environmental conditions, and
g. the presence or absence of rehabilitation or efforts at rehabilitation.
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 light to respond orally or in writing within five (5) working
days from the date of mailing to the Personnel Officer, with no further right to appeal.
C. Selection Procedure The method used to select employees shall be impartial and shall relate to those
subjects which fairly measure the abilities to execute the duties and responsibilities of the classification
in which the vacancy exists. Selection procedures consist of one or more of the methods listed below.
The same method shall be applied equally in a single examination.
1. Application. Information the applicant supplies on the City's application form, and any attachments
thereto will be reviewed under the supervision of the Human Resources Assistant or his/her designee
and the applicable department supervisor. The same criteria and point system is utilized for all
applicants for the same position.
2. Examinations. 1 he selection techniques used in the examination process will he 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 Persorinel Officer.
a. Appointment preference on open/promotional recruitments will be extended to any regular City
employee. Regular city employees will be granted the following scoring preference: 1% for each
year of service, with a maximum preference of 10%. Depending on the scoring established for
the classification recruitment, the preference may be expressed as an additional percentage or
additional points. See example below for detailed explanation.
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PERCENTAGE EVALUATION (sample)
Employee's Total Score 80%
Years of City Service as a Regular Employee = 10 (calculates to an additional
10%) Employee's Adjusted-Total Score = 80% + 10% = 90%'
POINT EVALUATION (sample)
Employee's Total Points = 175 out of a possible 200
Years of City Service as a Regular Employee = 10 (calculates to an additional 20 points 1200 x
10% = 20)
Employee's Adjusted Total Score = 175 20 = 195'
'The combination of an employee's 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 -
1. 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. Eligibility Lists - After each selection procedure has been completed, the Personnel Officer or his/her
designee will prepare an eligibility list containing the names of applicants who quality for appointment
to positions in a particular class.
1. Ranking_ Place the names of the qualified applicants ("eligibles") on the eligibility list in the order of their
final ranking, as determined by the selection process, with the highest rated eligible at the top of the
list. If more than one person has the same score, the names will be placed in alphabetical order. '
2. Duration of list, The eligibility list remains in effect for a period of six (6) months, unless the
Personnel Officer extends this period, for a period not to exceed (1) year. The Personnel Officer can
reduce the period if the list contains less than 5 names. In the event of early cancellation of an
eligible list, the Personnel Officer will notify each person whose name appears on such list to this
effect via mail to his/her last known address. This notice is, to include an explanation as to why the
lime 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 live (5) working days morn the dale of notice
of an interview or offer of appointment;
e. determination by the Personnel Officer that the applicant has violated one or more of the
provisions of Section 5,B A.
A. 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 lop five ranking
scores on the eligibility list to the Supervisor for consideration.
F. Appointment Process All appointments to position vacancies will he made in accordance with these rules
and regulations_ 1 he power to appoint and dismiss City employees is vested in the City Manager
(Personnel Officer).
1. Vacancy, The vacancy will be filled by appointment of an eligible candidate from an appropriate
eligibility list, except as provided in 2 below.
2. Exceptions.
a. No eligibility list. The Personnel Officer may make a provisional appointment to a position if
there is no eligibility list for the class and if the needs of the service require that the position
be filled before a selection process can be completed. A provisional appointee must:
a. Meet the requirements of training and experience established for the position;
Not continue for more than thirty (30) days in the provisional appointment after an eligibility
list for the position has been established unless there are no eligibles on such eligibility list
who are available for or who wish to be considered for appointment to the position;
iii. The Supervisor may submit a written request and justification to the Personnel Officer
to extend the provisional appointment in six (6) month increments. No more than two
(2) extensions may be granted for each provisional appointment.
b. Emergency. In an emergency which threatens life, property, or the operation of necessary
municipal services, the Personnel Officer may employ an individual not on the eligibility list for
not more than thirty (30) calendar days.
3. Pay. A new appointee shall receive the minimum salary for the class to which the position is
allocated, except that
i. In cases of extreme difficulty in filling a position, the Personnel Officer may approve
appointment at a salary above the minimum. In such cases, all incumbent employees in
the class to which the appointment is made shall be placed on at least the same step of
the salary range as the new appointee; or
ii. In hiring exceptionally qualified personnel, the Personnel Officer may approve
appointments at a salary above the minimum for the class.
G. Conditional Offer of Employment - An offer of employment is contingent upon the results of the following:
1. Reference checks. Prior to conducting reference inquiries a prospective employee will be required to
sign a release allowing the City to acquire information about the applicant from former employers.
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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 - I he purpose of probation is to permit the employer lo observe the employee on the job and to
evaluate performance. Probation is part of the promotional, training, testing and selection process. The probation
period begins on the date of appointment. It is the responsibility of the supervisor to communicate with the
employee in regards to his/her progress.
1. Duration of period. The probationary period is not less than twelve (12) months for miscellaneous
employees, 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 (21) 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 supervi sory
employees (includes management classifications).
2. Leaves of absence during probation. If an employee is absent from work for longer than five (5) working
days during the probationary period, the City may extend the probationary period an amount of time equal
to the days missed if necessary in order to 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 days prior to the end of the initial probationary
period.
4. Rejection during probation period. During the probationary period, an employee may be rejected at any.
time 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 th e 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.
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 0 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. he dismissal for cause of regular employees will be in accordance with the pi
°visions of Section 8. 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 Iwo weeks prior to their intended leave from City employment. A copy of the written
resignation will be give]) to the Personnel Officer and then placed in the employee's personnel file.
1. An employee who has resigned in writing may withdraw hislher resignation prior to the final dale
stated on the letter of resignation, The withdrawal Idler 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 Ihis fact noted in hisiher tile and may be denied future
employment by the City.
B. Reinstatement - Upon application of a former regular employee, who has properly resigned, the ersonnel
Officer may, al his/her sole discretion, approve reinstatement of the former employee as provided
below:
1. An employee separated from the City's employ for six (6) months or less may be reinstated without
competitive examination to the position held at dale 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-tirne City employees returning to City service within the six (6) month period will be granted the kill
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.
il. 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 due process or grievance procedures apply, and the
decision is not subject to "meet and confer" requirements. These procedures apply only to regular
employees (full or part time) and probationary employees (initial or promolionalAransfer).
Identification, The Personnel Officer on the basis of the administrative needs of the City
determines the departments and positions subject to layoff,
2. Order of layoff:
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a. Within a classification, those employees who are probationary employees in
their initial probationary period will be laid off first, followed by employees in a promotional or
transfer probationary period.
b. The order of layoff for regular employees within a department will be determined by considering
business necessity, each employee's job performance arid competence, and seniority.
"Seniority" for purposes of this Section shall be determined by adding together all time spent in
City service, in whatever capacity, expressed in terms of years, months, and clays. The seniority
calculation shall not include disciplinary time off without pay or lime spent on unpaid leave (unless
federal or state law requires it to be included in the seniority calculation).
ii. Once seniority determinations have been made, layoffs are made in reverse seniority order (i.e.
the most junior employees are laid off first).
iii. Ties in seniority 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.
Art employee who would otherwise be laid off has the right to retreat to a vacant position which he
or she previously held, provided the employee meets the current minimum qualifications for the
position.
b. An employee who would otherwise be laid off has the right to retreat to another position in the
same classification series or to any position the employee has previously held and for which the
employee is qualified that is occupied by an employee of lesser seniority. The result is that the
more senior employee "bumps" the junior employee, who then is entitled to the retreat/demotion
rights set forth herein.
c. Art employee who would otherwise be laid off may request to be temporarily demoted to any
vacant position for which the employee is qualified.
d. An employee who wishes to exercise any of the rights set forth in this subsection 5 must so notify the
Personnel Officer in writing within five (5) business days of receiving the notification of pending
layoff_
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e. An employee who retreats or is demoted to a position as provided herein must serve the
probationary period applicable to the new position unless the employee previously completed
the probationary period in that position.
6. Reinstatement lists. The names 01 regular employees who have been laid off, including those who have
accepted a demotion or retreated to another position are to be placed on a layoff reinstatement list by
seniority within the classification from which the employees were laid off. An employee's name remains
on this list for a period of one (1) year from date of layoff; an employee's name may be removed for
any of the following reasons:
a. Reappointment of the employee to his/her former classification
b. Notification from employee that he/she is no longer interested in returning to the City.
c. Inability to contact the employee by mail or phone at the employee's last known address in the
employee's official personnel file.
d.Rejection by the employee of an offer of employment within the same job classification. Failure to
respond within live (5) business days of the offer shall be deemed a rejection.
1. Offer of reinstatement. If the position previously held by a laid oh employee becomes vacant, or it
another position within the same classification series becomes vacant, then the employee with the
most seniority on applicable reinstatement list shall be offered the vacant position.
o. 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 lime of layoff shall be restored. If an
employee is reinstated to a position in which he or she was serving a probationary period at the time
of layoff, all time on probation previously completed prior to layoff shall be counted toward
determining when the probationary period ends.
SECTION 7 - INCOMPATIBLE ACTIVITY/CONFLICTS OF INTEREST
A. Incompatible Activity - Certain activities are incompatible with ethical, effective employment with the City. All
City employees are prohibited from:
1.Participating in improper political activity prohibited by the federal Hatch Act or pertinent provisions of
State Law including the California Government Code;
2_ Using for private gain or advantage the influence of a City position or the facilities, equipment and
supplies of the City;
3. Soliciting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City;
4. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City in excess of the Conflict of Interest guidelines established in the
Rohnerl 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 mariner, is illegal pursuant to stale or federal law, or which might
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result in a conflict of interest between the employe e's private interests and his/her official duties and
responsibilities
B. Outside Employment - City employees are expected to work for the City's bests interests and to devote
their best energies and skills to their positions. For this reason, City employees are prohibited from
accepting outside employment that could conflict with the best intere sts of the City or interfere with the
employee's ability to perform his or her City position. Examples of such prohibited outside employment
include, but are not limited to'.
1. jobs/business conducted during the employee's work hours with the City;
2, job s/business that prevent the employee from being available for necessary overtime or emergency work
period outside his or her normal working hours when such overtime or emergency duty is a regular part
of his or her job;
3. business conducted using City facilities, resources or equipment (including telephones, computers,
supplies, etc.)
SECTION 8 - DISCIPLINARY ACTION
City employees are expected to meet certain standards of job performance, interpersonal interaction, and
conduct. The City may discipline any employee whose conduct or performance fails to meet reasonable City
standards, i.e. for cause_ Discipline may be imposed for a single incident or for a pattern of conduct. The specific
discipline imposed is intended to focus the attention of the employee o n the performance or conduct problem
and, except in cases of discharge, to encourage changes in behavior,
Disciplinary actions include but are not limited to: counseling, oral reprimand, written reprimand, reduction in
pay, suspension without pay, reassign ment, demotion, and discharge. Although the City generally applies the
concept of "progressive discipline," discipline may include any one or any combination of actions, and the actions
need not necessarily be applied in a defined order, Instead, the disci pline imposed will be determined according
to the severity of the infraction(s), regardless of whether prior discipline has been imposed.
Only regular employees who have successfully completed their probationary period have the right a to hearing
and appeal as described in this section. An employee not covered by this Section may be disciplined without
reference to these provisions; such an employee has no protected property interest in his or her employment,
A. Causes for Disciplinary Action - Any regular employee may be disciplined for "good cause". Good cause is defined as
reasons including, but not limited to, the following:
1. Fraud in securing employment;
2. Incompetence or inefficiency;
3. Failure to maintain required licenses, credentials, certificates or other conditions for employment as specified in
assigned classification;
4. Insubordination;
5. Dishonesty;
6. Neglect of duty, or inattention lo/dereliction of duties;
7. Violation of City or Department rules and regulations, policies, procedures or general orders, whether oral or
written;
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8. Disclosure of confidential personal information o1 another employee;
9. Negligent or willful damage to or waste of public equipment, properly or supplies;
10. Improper or unauthorized use of City vehicles or equipment;
11. Misappropriation, theft, or embezzlernent of City property and/or funds;
12. Unlawful harassment or discrimination, or the failure to cooperate with the investigation of
harassment, discrimination or other unlawful activities;
13. Possession of an open container, use of, or being under the influence of alcohol, non-prescription
Or unauthorized narcotics or controlled substances during work hours;
14. Excessive tardiness or absences, except in the case of approved leave;
15. Absence without leave, not returning from an approved leave-of-absence or obtaining a leave-
ofabsence under false pretense;
16. Soliciting any favors or gilts from persons, concerns or corporations who have, or seek to have,
business contacts with the City;
17. Aceepting 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
Rohner t Park Municipal Code Chapter 2.60;
18. Failure to observe safety regulations and practices, including the use of assigned personal
protective equipment;
19. Discourteous, unprofessional or abusive treatment of the public or other employees;
20. Use 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 implement minor disciplinary measures. Minor
disciplinary actions are not subject to appeal. Examples of minor discipline include the following:
Oral reprimand. An oral admonition to an employee whose conduct or performance must be improved
and which details the areas (or improvement, the degree of improvement required, and a notice that
failure to improve could result in more serious disciplinary action. Oral reprimands are noted by the
supervisor, but are not documented in the employee's personnel file.
2. Documented counseling. A written memorandum showing that the supervisor has met with the
employee to discuss a specific problem(s) or deficiency and which sets forth the recommendations
given to the employee to address the problem(s) or deficiency in order to improve performance.
Although a copy may be sent to the employee's personnel file, documented counseling memoranda
are typically maintained in the supervisor's file until they are included by notation in the employee's
formal performance evaluations.
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3. Written reprimand, A formal written notice to an employee staling the specific details concerning the
subject of the reprimand, summarizing previous related disciplinary action, if any, and describing the
plan for improvement. A written reprimand shall include the (late 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 lime a written reprimand is issued, the employee is
entitled to bring a representative of his or her choice. The employee shall review the reprimand and sign
it and then shall be given a copy of it. Written reprimands are not subject to appeal, although an
employee has three (3) working days following the date of a reprimand to submit his or her own rebuttal
comments, which shalt accompany the reprimand in the employee's personnel
4. Removal of minor discipline records. Al the request of the employee, records of minor discipline
will be removed from the employee's personnel file three (3) years after the date of the written
reprimand or documented counseling. Records will be removed provided the employee has received
satisfactory perlormance reviews in the subsequent three (3) year period from date of the written
reprimand/documented counseling and no further discipline has been initiated. The employee shall
initiate the request to remove records of minor discipline through his or her Department Head. The
employee's Department Head shall coordinate this request through Human Resources to ensure the
appropriate criteria has been met to remove the records. Nothing in this section is intended to prevent
documentation of progressive discipline.
C. Major Discipline - Major discipline may only be implemented by Department I leads. Types of major
discipline include the following:
1. Suspension. The temporary removal of an employee from the City service without pay for one (1)
or more working days. "Working days" shall be determined by reference to the affected employee's
normal work schedule.
2. Merit decrease. A pay step reduction where performance falls short of the normal standards or
where performance is clearly inadequate in one or more critical job duties.
3. Demotion. The removal of an employee from one position and reassignment lo one of lower grade
or classification.
4. Discharge. The removal of an employee from City service when it has been determined the
employee has been given a reasonable opportunity to conform his or her conduct to required
behavior or performance standards and has failed to do so, or where an employee has committed
one or more serious offenses for which no other disciplinary measure is appropriate.
D. Disciplinary Process --Major Discipline. Any imposition of major discipline must follow the procedures
set forth below.
1. Notice. A written Notice of Intent to Discipline ("Notice of Intent") shall be prepared by the Department
Head in consultation with the Human Resources Department. The Notice of Intent shall state:
a. The specific type of disciplinary action proposed;
b. The effective dale of the action;
c. The specific reason(s) or cause(s) for the actions;
d. A copy of all wrillen 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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inaior discipline should nol be imposed A request for such a hearing must be submitted in
writing within ten (10) working days of receipt of the Notice of Ii dent.
2. Informal hearing (i.e. Skelly hearing). AI the employee's request, an informal hearing will be held prior to
the imposition of major discipline. .1 his hearing is not an evidentiary hearing, but rather an opportunity
for the employee to present information as to why the proposed major discipline should not be
imposed. Except by stipulation of the City and the employee, the hearing shall take place within ten
working (10) days of the employee's request for hearing, and it may be rescheduled only once at the
employee's request. The following parameters apply to the informal hearing:
a. The hearing shall be conducted by a responsible person designated by the Personnel Officer.
b. The hearing shall include the employee, the employee's chosen representative(s) -(reasonable
number), and others as directed by the hearing officer. Absent extenuating circumstances, the
employee's failure lo appear waives his or her right lo such a hearing.
c. The hearing shall be tape recorded or stenographically recorded, and a copy of the tape
recording or transcript shall be provided to the employee upon request.
d,At the hearing, the employee shall be given an opportunity, either orally or in writing, or both, to
bring forward facts or 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 it made by him or her personally, and it is
the employee's obligation to correct any misstatement(s) by the representative.
e. Following the hearing, the hearing officer will make a written recommendation to the Department
flth id who issued the Notice of Intent as to whether the proposed discipline should be imposed,
modified, reduced or dismissed.
3. Notice of discipline. Following the informal hearing, if requested, the same Department Head who
issued the Notice of Intent shall consider the hearing officer's recommendation to determine how
to proceed. If he or she decides to dismiss the proposed discipline, written notice of the dismissal
shall be provided to the employee as soon as practicable. If the decision is to impose discipline
either as proposed or in some modified or reduced form, a written Notice of Discipline shall be
prepared. The Notice of Discipline shall state:
a. The specific type of disciplinary action that will be imposed;
b. The specific reason(s) or cause(s) for the actions, setting forth specific facts that form the
basis for the decision;
c. The effective date of the action; and
d. The applicable appeal rights available to the employee pursuant to these Personnel Rules.
Disciplinary action becomes effective on the date stated in the Notice of Disciplinary Action,
notwithstanding an employee's timely request for an evidentiary hearing before the Personnel Officer.
E. Appeal from Major Discipline - Any employee on whom major discipline has been imposed shall be
entitled to an appeal hearing as set forth below.
1. 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 dale of the
Notice of Discipline.
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2, Employee representation. Employees may represent themselves or be represented by legal counsel or
representative(s) of the employee's recognized employee organization.
3. Evidentiary hearing. An evidentiary hearing b'efore 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 dosed and confidential.
Prior 10 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. -The employee's presence is required. Failure to appear at the appeal hearing unless physically
unable to do so shall be deemed a withdrawal of the appeal and a waiver of any further right
of administrative appeal.
b. The hearing shall be stenographically recorded.
c. Any and all witnesses other than the City's representative shall be excluded from the proceeding
until called to testify, except as mutually agreed to by the employee and the City's representative.
d. Order of hearing shall be:
The City's representative, followed by the employee, may make preliminary opening
statements.
6_ The City's representative may present oral or documentary evidence, or both, in support
of the City's position; the employee may cross-examine all witnesses called by the City.
iii. The employee may present oral or documentary evidence, or both, in support of the
employee's position; the City's representative may cross-examine all witnesses called by
the employee.
iv. The City's representative, followed by the employee, may make a closing statement.
e. The hearing shall be conducted in an efficient manner conducive to determining the issues,
however, the technical rules of evidence do not apply. Any relevant evidence 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.
1. Following the conclusion of the hearing, the hearing officer shall prepare written findings and
recommendations and provide them to the City Manager. The hearing officer may recommend
changes to the proposed discipline. However, if the hearing officer finds that the underlying facts
giving rise to the charge(s) are proved by a preponderance of the evidence, the hearing officer
may not recommend a reduction in discipline if reasonable minds could differ as to the proper level
of discipline. If the hearing officer recommends a reduction in discipline, he or she must make a
specific finding that reasonable minds could not differ as to the appropriate level of discipline and
set forth the facts upon which he or she based such finding. If the hearing officer finds that none
of the charges are supported by the evidence presented, the recommendation shalt be that no
disciplinary action be taken.
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City Manager's Determination. The hearing officer's findings and recorornenclations shall be
forwarded to the City Manager for his or her review. The City Manager will follow the
recommendations of the hearing officer unless he or she can show cause that the hearing officer
abused his or her discretion_
a. I he City Manager shall review the entire record (including the Notice of Intent, the record of
Skelly proceedings, the Skelly officer's written recommendation, the Notice of Discipline, the
evidence gird record at the evidentiary hearing, and the appeal hearing officer's written findings
and rmornmeildabons).
b. 1 he City Manager shall issue a decision imposing the disciplinary action he or she deems
appropriate and in the best interests of the City.
c. The City Manager's decision shall be in writing and shall be final. II 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, along with a copy of both the City Manager's decision and
the appeal hearing officer's findings land recommendations, shall be served on the employee by
personal service or by registered or certified mail, The notice shall also include a statement of the
employee's right to seek judicial review within 90 days pursuant to Code of Civil Procedure
1094.0.
F. Use of paid administrative leave. Nothing in this Section is intended to abrogate the City's right to place
an employee on paid administrative leave during the investigation of circumstances that could lead to
the imposition of discipline or for any other reason that is in the City's best interests.
G. Disciplinary Action for specific employees of the Department of Public Safety.
Under California .Government Code Section 3300, the Stale of California enacted the Public Safety Officers'
Procedural Bill of Rights (POBRA). As defined under California Government Code Section 3301, the
positions within the City that are covered by the POBRA are the following: Public Safety Officer Trainee,
Public Safety Officer, Public Safely Sergeant, Public Safely Supervisor (IT), Public Safety Division
Commander, and Director of Public Safely. It shall be Ihe policy of the City 10 extend these same rights
and privileges to all non-safely members cal the Rohner! Park Public Safety Officers' Association, except
those that by their very nature could only apply to peace officers and/or firefighters. All subsequent revisions
to California Code sections 3300 et seq and Court interpretations of these statutes shall also be binding on
the City with respect to non safety members of the Relined Park Public Safety Officers' Association.
For safety and non-safety employees alike, the phrase "locker, or other space for storage that may be assigned
to him" as used in Government Code Section 3309 shall include, but is not limited to, a Public Safety
employee's assigned City vehicle and/or the enclosed spaces of arc employee's assigned desk or office area.
Nothing in This section shall preclude the City from temporarily re-assigning a departmental asset to meet
a necessary operational requirement.
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GLOSSARY - DEFINITION OF TERMS
ADMINISTRATIVE LEAVE - Absence with full pay and benefits, ordered by a Department Head or the City
Manager, when the City's interests require the employee to be away from the job.
ANNIVERSARY DATE - The date, which signifies the completion of each year of service by a regular employee
in a position and/or the date an employee starts his/her probationary period for either 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 will► 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 days within a specific lime frame and shall include weekends and holidays.
CANDIDATE An applicant for City employment who meets the minimum qualifications of the position applying
for and has been selected to begin the testing process or a person on an eligibility list_
CFRA - California Family Rights Act, stale 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 he 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 diffe ring as to level of
complexity, difficulty and responsibility.
CLOSE RELATIVE - Relative shall mean spouse, father, father-in-law, mother, mother-in-law, brother, brother-
in-law, sister, sister-in-law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent-
in-law, grandchildren and relationships in loco-parentis and close personal relationships, with the approval of the
City Manager or his/her designee.
COMPENSATION - Any salary, fee, or allowance paid to an employee for performing the duties and exercising
the responsibilities of a position.
DISCIPLINARY ACTIONS - Actions taken with the objective of obtaining employee compliance with rules, ordeis,
procedures, standards of conduct and/or expected job performance when non-disciplinary corrective actions do
not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its own.
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DOMESTIC PARTNER -Two adults who have chosen to share one another's lives in an intimate and
committed relationship of mutual caring. to be eligible both parties must file a Declaration of Domestic
Partnership with the California Secretary of State.
ELIGIBLE • A person whose manse is on an employment list.
ELIGIBILITY LIST -- A list that contains the names of qualified candidates, for a specific classification, who
have completed all examination processes and are ranked, in order of the score or 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. Regular mployees may only be disciplined for cause. There are 3 types of regular
employees:
1. Regular full-time: a person who holds a budgeted (40) forty-hour per week position, with duties
and responsibilities that do not end in a specific time period, and who is entitled to full benefits
with the Cily pursuant to the applicable Memorandum of Agroerneril or applicable Outline of
Benefits for the Management and Confidential Units.
2. Regular part time: a person whii holds a budgeted position, with duties and responsibilities that do
riot end in a specific lime period, works for a specific number of hours, as defined, and fills out a
timecard, receives a salary and benefit package, proportioned to their agreed fixed work ratios
(20 hours per week receives 50% benefits; 30 hours per week receives 75% benefits).
3_ Specially-funded: a person who works in a regular full- or part-time position funded by sources
other than ,City revenues (e.g., federal or slate grants).
Probationary: A probationary employee is someone in a regular full- or part-time position who is serving
a trial period as provided in Sections 4 and 5.
Special: A special employee is one hired for a special purpose to meet the needs of the City. Special
employees include:
1, 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 programs.
3. Emergency employees - employees hired to meet the requirements of a declared emergency which
threatens life, property, or the general welfare of the City and. whose position ceases when the
emergency ceases.
Probationary and Special Employees may be dismissed from such positions or disciplined with or without
cause.
ENTRY LEVEL - The initial position in a class series.
EXAMINATION The process utilized to evaluale the relative skills and knowledge of an applicant for
prospective employment or current employee who has applied for a change in classification and/or promotion_
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CI T,Y OF ROt iNERT PARK
Pertonnel Rules and Regulations
Techniques utilized may consist of, but not limited to any of the following: traditional paper and pencil tests, performance
tests, skills lest, or oral assessment.
EXEMPT - An employee in a specific classification who, according to the lair Labor Standards Act (FLSA) is
exempt from the City's overtime policies and is compensated for overtime through Administrative Leave,
accumulated per specifications outlined in the MOA's and/or Outline of Benefits for the Management and
Confidential Units.
FAMILY AND MEDICAL LEAVE POLICY - Provides for employee leave during times of illness or family emergencies. In
compliance with California Family Rights Act and Federal Family Medical Leave Act.
FMLA Farr►ily Medical Leave Act, federal law established in 1993 and administered by the Depart ment of Labor.
GRIEVANCE - A complaint by an employee relating to wages, hours, and working conditions. Disciplinary action cannot
be grieved.
LEAVE-OF-ABSENCE WITHOUT PAY - Time away from work, which the employee has requested, and the City Manager
or his designee has approved, for which the employee is not paid and has the right to return to the same position held
before the leave was granted.
MEMORANDUM OF AGREEMENT (MOA) A binding agreement on wages, hours, benefits, and other conditions of
employment for designated classes between the bargaining units and the City that have been adopted by the City
Council.
NOLO CONTENDERE - Latin for "no contest." In a criminal proceeding, a defendant may enter a plea of nolo contendere,
in which he does riot accept or deny responsibility for the charges but agrees to accept punishment.
NON-EXEMPT - An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA) is to
receive overtime pay at 1 '/ times normal pay for hours worked over 8, 0, 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 lest 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 art employee who has regular or probationary status ir► a class, who has
been laid off, is returning from an approved leave requiring reinstatement, or who has resigned in good standing and
who is entitled to preference in appointment to vacancies in that class,
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RPEA - Rohnert Park Employees' Association. The labor bargaining and
representation unit for adiniiiistrative, technical and Si tpporl employees.
RPPSOA Rohner! Park Public Safety Officers' Association. The labor bargaining and representation unit for
Public Safety Sergeants, Public Safely Officers, Public Safely Dispatchers, Communications Supervisor,
Community Services Officers, Part-Time Dispatchers, and Public Safety Officer Trainees.
RULES - The Personnel Rules and Regulations of the City of RohnerI Park as contained in this 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 rates) assigned to a classification in the pay males and ranges.
SEIU — Service Employees International Union Local 707. The labor bargaining and representation unit for
cei taint 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 arid the City.
TRANSFER - A change of an employee from one position to another position in the same class or another
class having essentially the maximum salary limits, and involving the performance of similar duties.
WORKDAY - Is a twenty-lour (24) hour period beginning at the same time each calendar day.
WORKWEEK Means any forty (40) hour period within seven (7) consecutive days starting with the same
calendar day each week.
RESOLUTIONS EFFECTING PERSONNEL POLICY
EMPLOYEE GRIEVANCE PROCEDURE
EQUAL OPPORTUNITY EMPLOYER
POLICY AGAINST DISCRIMINATION BASED ON DISABILIIY • ADA
AGAINST HARASSMENT
ELECTRONIC MEDIA USE
ANTI -DRUG POLICY
DEPENDENT CARE ASSISTANCE PROGRAM
EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004) PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE
crry EMPLOYEES GALLED TO ACTIVE MILITARY DUTY OR TRAINING
OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
cITY i)1 f■CIINI..R I PARK
, Personnel Rules and Regulations
RESO 79-22
RESO 92-76
RESO 92-79
RESO 93-38
RESO 99-01
RESO 91-192
RESO 87-117
RESO 00-10
RESO 03-71
RESO 03-235
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Personnel Rules and Regulations