2021/06/08 City Council Resolution 2021-069 RESOLUTION NO. 2021-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE TENTATIVE AGREEMENT ON A FOUR YEAR PROPOSAL
WITH THE ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION
(RPPSOA)
WHEREAS,the Rohnert Park Public Safety Officers' Association (RPPSOA) has
ratified the terms and conditions contained in their Tentative Agreement on a Four Year
Proposal with the City of Rohnert Park (City) dated May 25, 2021; and
WHEREAS,the City Council wishes to recognize and approve the terms and
conditions of the Tentative Agreement on a Four Year Proposal with RPPSOA.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby approve the Tentative Agreement on a Four Year Proposal
with the RPPSOA which is attached hereto as Exhibit"A"and incorporated herein by this
reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 8th day of June, 2021.
CITY R HN RT PARK
rard Gmdice, ayor
ATTEST:
Sylvia Lopez evas, City Clerk
Attachment: Exhibit A
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EXHIBIT A
SJ - San Jose #4820-5470-5132 v1
City of Rohnert Park
And
Rohnert Park Public Safety Officers Association
Tentative Agreement
June 1, 2021
As required by Government Code Section 3500, et seq., the City of Rohnert Park
(“City”) and the Rohnert Park Public Safety Officers Association (“RPPSOA”) have
negotiated and reached this Tentative Agreement in settlement of negotiations on a
successor Memorandum Of Agreement.
The parties have completed these negotiations and agree to revise the
Memorandum of Agreement (“MOA”) as indicated on the attached June 1, 2021
draft, with any additional edits as may be mutually agreed upon. (See Attachment
A). Also attached are a summary of the individual tentative agreements between
RPPSOA and the City (see Attachment B) and the signed tentative agreements
(see Attachment C).
Unless otherwise specified, the changes made by this tentative agreement shall
become effective on the first day of the first pay period after the date approved by
the Rohnert Park City Council. If this Tentative Agreement is ratified by
the RPPSOA membership on June 4, 2021, the City will present the
Tentative Agreement to the Council at its June 8, 2021 meeting, and, if
approved by the Council, the effective date of the successor MOA will be the
date of Council approval.
This Tentative Agreement sets forth the entire agreement in settlement of the
successor contract negotiations. The parties agree that this is a comprehensive
package agreement. Any proposals not included in this Tentative Agreement that
were made by the parties are dropped.
FOR THE CITY: FOR THE RPPSOA:
Date: Date:
MEMORANDUM OF AGREEMENT
Between
THE CITY OF ROHNERT PARK
and the
ROHNERT PARK PUBLIC SAFETY OFFICER’S ASSOCIATION
(RPPSOA)
Effective April 2June 8, 202117 through June 30, 20251
EXHIBIT A
Tentative Agreement 6.1.21
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TABLE OF CONTENTS
Page
1. Hours of Work .................................................................................................................................... 1
1.1 Regular Work Period for Employees ........................................................................................... 1
1.2 Work Schedules .......................................................................................................................... 2
1.3 Dispatchers Shift Rotation .......................................................................................................... 2
1.4 Public Safety Officer Trainees ..................................................................................................... 2
1.5 Police and Fire Training Drills ...................................................................................................... 2
1.6 Breaks and Meal Breaks ............................................................................................................. 3
1.7 Shift Changes .............................................................................................................................. 3
1.8 FLSA Overtime ............................................................................................................................ 4
1.9 Shift Change Day Light Savings Time .......................................................................................... 4
1.10 Fire Division Schedule................................................................................................................. 4
1.11 Shift Sign-Up ............................................................................................................................... 5
2. Contract Overtime/Compensatory Time/Call-Out/Stand-by/Court Appearances ............................... 5
2.1 Contract Overtime ...................................................................................................................... 5
2.2 Compensatory Time ................................................................................................................... 6
2.3 Call-Out ...................................................................................................................................... 7
2.4 Stand-By ..................................................................................................................................... 7
2.5 Off-Duty Court Appearance Pay ................................................................................................. 7
2.6 Overtime Cancellation ................................................................................................................ 8
3. Overtime Calculation ......................................................................................................................... 9
4. Holidays ............................................................................................................................................. 9
4.1 Observed Holidays ...................................................................................................................... 9
4.2 Holiday Pay ............................................................................................................................. 109
4.3 Holiday Pay for Detectives ........................................................................................................ 10
4.4 Holiday Pay Rate .................................................................................................................. 1110
5. Annual Leave Program ..................................................................................................................... 11
6. Military Leave .................................................................................................................................. 12
7. Other Fringe Benefits ....................................................................................................................... 12
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7.1 Fringe Benefit Administration .................................................................................................. 12
7.2 Regular Part-Time Employees Fringe Benefits .......................................................................... 12
7.3 Industrial Injury or Illness ..................................................................................................... 1312
7.4 Catastrophic Leave ................................................................................................................... 13
7.5 Paternity Leave ......................................................................................................................... 13
7.6 Family and Medical Leave .................................................................................................... 1513
7.7 Light or Limited Duty ............................................................................................................ 1513
7.8 Americans with Disabilities Act ............................................................................................. 1513
7.9 Payment to Beneficiary......................................................................................................... 1514
7.10 Health Plan Coverage ........................................................................................................... 1614
7.11 Dental Coverage ................................................................................................................... 1816
7.12 Vision Coverage .................................................................................................................... 1917
7.13 Adoption Benefit .................................................................................................................. 1917
7.14 Bereavement Leave .............................................................................................................. 2017
7.15 Funeral Expense Benefit ....................................................................................................... 2018
7.16 Long-Term Disability Insurance ............................................................................................. 2018
7.17 Life Insurance ....................................................................................................................... 2119
7.18 Deferred Income .................................................................................................................. 2119
7.19 Retired, Deceased and/or Permanently and Totally Disabled Employees ............................. 2119
1. Definition of Terms ............................................................................................................... 2219
2. Retirement Health Benefits For Employees Hired Prior to July 1 2007 .................................... 2220
3. Retirement Health Benefits for Employees Hired On or After July 1, 2007 ............................. 2422
7.20 Clothing Allowance ............................................................................................................ 2422
7.21 Education and Training ...................................................................................................... 2523
7.22 Longevity and Incentive Pay (P.O.S.T., Detectives, Motor Officers) .................................. 2623
7.23 Retirement Program ............................................................................................................. 2724
7.24 Dependent Care Assistance Program ................................................................................... 3328
7.25 Health Care Tax-Free Dollar Account Program ..................................................................... 3328
7.26 Off-Duty Employment .......................................................................................................... 3328
7.27 Reinstatement/Specialty Position......................................................................................... 3328
8. Agency Shop and Payroll Deductions ........................................................................................... 3429
8.1 Agency Shop ......................................................................................................................... 3429
8.2 Deductions ........................................................................................................................... 3530
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8.3 Listing of Deductions ............................................................................................................ 3830
8.4 Hold Harmless ...................................................................................................................... 3830
8.5 Bargaining Unit Work ........................................................................................................... 3831
9. Safety Equipment ......................................................................................................................... 3931
9.1 Replacement Equipment ...................................................................................................... 3931
9.2 Personal Equipment ............................................................................................................. 3931
9.3 UV Eye Protection (Sunglasses) ............................................................................................ 3932
10. Salaries & Miscellaneous Pay ....................................................................................................... 3932
10.1 Revised Classification Plan and Salary Structure .................................................................... 3932
(a) General Provisions ............................................................................................................ 3932
(b) PSO I-IV Classifications ...................................................................................................... 4032
(c) Salary/Pay Schedules ........................................................................................................ 4134
10.2 Salary Adjustments ............................................................................................................... 4234
10.3 Monthly Salary Schedule ...................................................................................................... 4335
10.4 Incentive Pay or Acting Pay ................................................................................................... 4335
10.5 Payday .................................................................................................................................. 4637
10.6 Pay Change Effective Dates .................................................................................................. 4637
10.7 Shift Differential ................................................................................................................... 4737
10.8 Bilingual Pay ......................................................................................................................... 4738
11. Alcohol and Drugs ........................................................................................................................ 4838
11.1 Alcoholic Beverages or Other Drugs ..................................................................................... 4839
11.2 Off-duty Hours ..................................................................................................................... 4839
11.3 Prescription Drugs ................................................................................................................ 4839
11.4 Special Assignments ............................................................................................................. 4839
12. Physical and Psychological Fitness ................................................................................................ 4939
12.1 Physical Fitness ..................................................................................................................... 4939
12.2 Fitness Program .................................................................................................................... 4940
12.3 Psychological Fitness ............................................................................................................. 4940
12.4 Psychological Counseling ...................................................................................................... 5040
13. Smoking ....................................................................................................................................... 5040
13.1 Employees Hired After July 1, 1993 ...................................................................................... 5040
14. Grievance Policy and Procedure .................................................................................................. 5041
15. Use of Sport Center and Lap Swimming Program ......................................................................... 5141
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16. Management Rights ..................................................................................................................... 5142
17. Work Curtailment (No Strike Clause) ............................................................................................ 5242
18. Personnel Rules and Regulations .................................................................................................. 5242
19. Complete Understanding ............................................................................................................. 5243
20. Term of Agreement...................................................................................................................... 5243
21. Succeeding Agreement ................................................................................................................ 5243
22. Invalidation .................................................................................................................................. 5343
22.1 Suspension of Agreement ..................................................................................................... 5343
22.2 Replacement ........................................................................................................................ 5344
23. Non-Discrimination ...................................................................................................................... 5344
24. Personnel Files ............................................................................................................................. 5344
25. Employee Performance Evaluations ............................................................................................. 5444
26. No Contracting Out ...................................................................................................................... 5444
Commented [A1]: Will need to be updated.
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MEMORANDUM OF AGREEMENT
The City of Rohnert Park (City) recognizes the Rohnert Park Public Safety Officers' Association
(RPPSOA) as the labor bargaining and representation unit for Public Safety Sergeants, Public
Safety Officers I-IV, Public Safet y Dispatchers, Communications Supervisor, Community Services
Officers, Part-Time Dispatchers, and Public Safety Officer Trainees.
Pursuant to Government Code Section 3500 et seq., the representatives of the RPPSOA 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.
Public Safety Officer Trainees are included in this Memorandum o f Agreement with limited
terms and conditions only as specified herein.
1. Hours of Work
1.1 Regular Work Period for Employees
(a) The FLSA work period for all sworn personnel assigned to the Police Division
consists of 28 days. The FLSA work period for all sworn personnel assigned to the
Fire Division, consists of 27 or 24 days. The FLSA work period for all non-sworn
employees consists of 7 days.
(b) Due to the differences in Work Schedules in Section 1.2 (shift structures and
FLSA work periods), actual hourly rates for sworn personnel assigned to the
Fire Division may be reduced, as pay for sworn personnel assigned to the Fire
Division will be adjusted in such a manner so that the agreed upon monthly
wages for each step in any class will be met. This will not result in any reduction in
the regular rate of pay for sworn personnel assigned to the Police Division. This
adjustment mai n t ai ns pay parity between the Police and Fire divisions.
(c) In order to provide public safety services to the community at all times during the
day, the City will establish shifts. The City retains the authority to determine the
regular start and end times and days of shifts.
(d) An employee may petition their supervisor, the management designee or the
Director of Public Safety, in that order, for dispensation from mandatory overtime
on the basis of hardship or other unusual circumstances.
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1.2 Work Schedules
Four (4) consecutive work days of ten (10) consecutive hours followed by three (3)
consecutive days off; or twelve (12) hour shifts for patrol personnel as described
in Exhibit X consisting of three [3] consecutive work days of twelve [12]
consecutive hours followed by four [4] consecutive days off followed by four [4]
consecutive work days of twelve [12] consecutive hours followed by three [3]
consecutive days off, with an employee receiving an eight [8] hour "payback"
once every FLSA work period shall constitute the primary workweek for all
employees of the bargaining unit, except those assigned to the Fire Division on
the Kelly Plan or "2x4" Schedules, and Public Safety Officer Trainees. Under
special or unusual circumstances, alternate workweeks can be implemented by
the Director of Public Safety through a side-letter agreement with the RPPSOA
following a Meet and Confer Process. Such side-letter agreements shall contain a
specific expiration date and shall not establish precedent for future cases. The
established work cycle shall commence at 12:01 a.m. on Sunday.
1.3 Dispatchers Shift Rotation
Shifts will be rotated among dispatchers in time intervals at the discretion of
the Director of Public Safety.
1.4 Public Safety Officer Trainees
Public Safety Officer Trainees' hours of work generally will be to attend and
participate in the Basic Police Academy. City reserves the right to make additional
work assignments.
1.5 Police and Fire Training Drills
Public Safety Sergeants, Public Safety Officers, and Community Service Officers
are required to participate in police or fire training drills unless on approved
l eave or previously excused in writing by the Director of Public Safety. Sworn
employees participating in training drills during a scheduled shift shall be paid at
his/her hourly rate of pay in the Division of their shift assignment. If training does
not occur durin g the employee’s scheduled shift, the employee will be paid at
the overtime rate of pay calculated at the employee's regular rate of pay utilizing
the Police Division base pay and all applicable premiums.
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For training not scheduled during the employee’s scheduled shift, the Department
will notify an employee by 1700 hours the previous business day if his/her training
is cancelled. Notification of an employee’s training cancellation will be
accomplished via the text pager system and Department voice mail system. An
employee is required to check his/her Department voice mail at 1700 hours
the previous business day to the training to check if the training is cancelled.
When the training is cancelled by 1700 hours the previous business day, the
employee receives no compensation. When an employee’s training is cancelled
after 1700 hours the previous business day to the training, the employee is
entitled to two (2) hours compensation at the overtime rate as described in
Section 3.
1.6 Breaks and Meal Breaks
Public Safety Sergeants, Public Safety Officers, Dispatchers, and Community
Services Officers are allowed two (2) fifteen (15) minute breaks and a thirty
(30) minute paid meal break during assigned shift, but work assignments are
priority and paramount and City is not obligated or liable in any manner for
meal time or breaks not taken.
Dispatchers will be allowed a thirty (30) minute paid meal period during the
shift, however work assignments are priority and paramount and City is not
obligated or liable in any manner for meal periods not taken. Dispatchers are
encouraged to remain on the work site during their entire work shift. Unless
specifically directed to remain on the work site, Dispatchers may elect to leave the
work site during the paid meal period. Dispatchers must remain on the work site
during their fifteen (15) minute breaks.
1.7 Shift Changes
(a) Employees shall receive at least seventy-two (72) hours (three (3) calendar days)
notice of involuntary shift changes for assignments of thirty (30) days or less,
except in instances of emergency declared by the Director of Public Safety or an
injury to an employee, which, in the City's opinion, necessitates a shift change.
(b) Employees shall receive at least one-hundred and sixty-eight (168) hours (seven (7)
calendar days) notice of involuntary shift changes for assignments in excess of
thirty (30) days, except in instances of emergency declared by the Director of
Public Safety or an injury to an employee, which, in the City's opinion, necessitates
a shift change.
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(c) All work performed as the result of a shift change with less notice than required in
(a) or (b) above shall be compensated at the overtime rate until the employee
resumes his/her regular shift or the seventy-two (72) hour or one-hundred
sixty-eight (168) hour required notice period has expired, whichever occurs first.
Regular shift as used here means the employee's normal hours worked prior to
the shift change.
1.8 FLSA Overtime
Any sworn employee assigned to the Police Division who works more than one
hundred seventy one (171) hours during any twenty-eight (28) day work period,
and any sworn employee assigned to the Fire Division who works more than the
hours per designated work period permitted by the Fair Labor Standards Act
shall be paid at time and one-half his/her regular rate of pay for each hour of
work performed in excess of these legally defined maximums. Any civilian
employee who works more than forty (40) hours during any seven (7) day work
period shall be paid at time and one-half his/her regular rate of pay for each hour
performed in excess of this legally defined maximum. Overtime p ay ments s hall
be calculated a t the end of each work period, a n d shall be paid promptly. The
paychecks provided to sworn members working the Kelly Plan or "2x4 “schedule
described below in Section 1.10 will regularly include a specific amount of FLSA
overtime per work period as required by the schedule, and only overtime in excess
of that amount will be calculated and paid at the end of each work period. All
hours in paid status shall count as "hours worked" in calculating FLSA overtime.
1.9 Shift Change Day Light Savings Time
For shifts worked on the dates on which Day Light Savings Time is adjusted,
overtime will be paid for extra time worked if the City prolongs the shift as a
result of changing the clock. There shall be no deduction in pay if the City
shortens the shift as a result of changing the clock.
1.10 Fire Division Schedule
An adequate number of teams, consisting of no fewer than two (2) RPPSOA
members (Sergeants and PSOs) each will work either a 24-hour Kelly Plan or
2x4 schedule to provide minimum round the clock staffing of two (2) or more PSO
staffed fire stations. The City reserves the right to implement modified staffing in
the event of a declared emergency situation.
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(a) Under the Kelly plan, the work period is a 27-day period. Each team is
scheduled for nine (9) 24-hour s h i f t s during the 27 day work period. FLSA
overtime will be paid for hours worked in excess of 204 hours for that
work period, as provided for in Section 1.7 above.
(b) Under the 2x4 schedule, the work period is a 24-day period. Each team is
scheduled for eight (8) 24-hour shifts during the 24-day work period. The
pattern of the 2x4 schedule is to work 48 consecutive hours followed
by 96 hours off. FLSA overtime will be paid for hours worked in excess of
182 hours for that work period, as provided for in Section 1.8 above.
(c) RPPSOA m emb er s working the Kelly Plan will receive 162.36 hours of FLSA
overtime per year.
(d) RPPSOA members working the 2x4 schedule will receive 10 hours of FLSA
overtime per 24-day work period.
(e) Use of annual leave, sick leave, and related benefit time off for
employees regularly assigned to the Fire Division shall be computed by a
ratio of 0.71.
1.11 Shift Sign-Up
Patrol shift sign-ups will occur twice a year, generally once during the month
of February and once during the month of August. Sign-ups for all shifts will
be done by seniority basis by time in grade except when, on a person by person
basis, the Director determines a need to do otherwise.
2. Contract Overtime/Compensatory Time/Call-Out/Stand-by/Court Appearances
2.1 Contract Overtime
(a) City agrees that contract overtime (which includes both non-FLSA overtime, and
all FLSA overtime except regularly scheduled overtime resulting from the Kelly
Plan or the 2x4 work schedule) will be calculated as described in Section 3, and
paid under any of the following circumstances:
(i) Work hours over the normal number of hours worked in a single workday
(See Section 1.2).
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(ii) Work hours of a workday beyond the normal number of workdays in the
employee's regular work schedule (See Section 1.2).
(iii) All hours in paid status shall count as "hours worked” in calculating
Contract overtime.
(b) Dispatchers in a part-time status shall receive compensation for all hours worked
over ten (10) hours in a shift at time and one-half the employee's regular rate of
pay.
(c) That compensation as described in Section 1.5 will be paid for all mandated
fire drills conducted during employee's off-duty hours.
(d) Compensation for off-duty full-time employees required to answer the fire
service alarm shall be as described in Section 3 with a minimum of three (3)
hours call-out pay.
(e) For Public Safety Officer Trainees Only-Overtime shall be paid in accordance with
all applicable State and Federal laws.
(f) All hours of authorized paid leave (e.g., Annual Leave, Sick Leave,
Compensatory Time Off, Bereavement Leave, Paternity Leave, Family Leave,
etc.) shall count as "work hours" and "hours worked" in calculating Contract
Overtime.
2.2 Compensatory Time
(a) That a maximum of one hundred and forty (140) hours of compensatory time off
may be accrued by mutual agreement of the employee and Director of Public
Safety.
(b) An employee may accrue compensatory time for overtime worked, rather than
being paid for the overtime with the exception of FSLA overtime provided pursuant to
Section 1.10 (c) and (d) above. FSLA overtime provided pursuant to Section 1.10 (c) and
(d) will be paid in wages. All compensatory time accrued after the adoption of this
MOA will be recorded in the police compensatory time bank, regardless of
assigned home division.
(c) The City, at its sole option, may pay off up to seventy-five percent (75%) of the
accrued compensatory time. Employees, at their sole option, may be paid for
accrued compensatory time.
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(d) An employee must request the use of compensatory time off in writing to his/her
direct supervisor, who will provide a written response within 24 hours, granting or
denying the specific request. A supervisor may not approve a request from a
sworn employee to use compensatory time off in the event granting the request
would require the City to fill the employee's shift on an overtime basis. If the
request is denied, the sworn employee may resubmit the request for another
date. The sworn employee will be provided the opportunity to utilize the
requested compensatory time off within one (1) year of the date of the initial
request, or the City will pay out the requested amount of compensa tory time at
the end of the calendar year in which the request was made.
2.3 Call-Out
That call-out for any City Public Safety function during off-duty periods shall be
compensated as described in Section 3 with a minimum of three (3) hours call-
out pay. Except as otherwise provided in Section 2.5, call-out time shall include
reasonable travel time to and from the employees' residence, appearance in
court in response to a subpoena in their off-duty time or other official hearings
on City of Rohnert Park business. Extension of shifts, at the beginning or end,
will not be considered call-out duty, specifically, thirty (30) minutes before or
fifteen (15) minutes after the employee's regular shift.
2.4 Stand-By
(a) That whenever stand-by is mandatory, employees will be compensated as
described in Section 3 for each hour of stand-by, unless otherwise mutually
agreed to by the employee and representative of the City.That whenever stand-
by is mandatory, employees will be compensated at the rate of one-half ( 1/2) the
employee’s regular rate of pay utilizing the Police Division base pay and all
applicable premiums, for each hour of stand- by, unless otherwise mutually agreed
to by the employee and representative of the City.
(b) That no on-call restrictions or limitations are placed on employees on their off-
duty time unless specifically required or agreed to by employee.
2.5 Off-Duty Court Appearance Pay
Employees required to appear in court pursuant to a valid subpoena during off-
duty hours shall receive a minimum of three (3) hours pay at the overtime rate
Commented [A2]: Amendment 8 – Side Letter Agreement
8
of pay as described in Section 3, or overtime compensation as described in
Section 3 for the actual hours worked, whichever is greater.
An employee shall only be considered on-duty for that time that he/she is
actually at court or activities related to court appearances such as witness
preparation conducted by the District Attorney’s Office or other prosecuting
authority. Travel time to and from a court outside of Sonoma County is paid only
when court time and travel time exceeds the three hour minimum. There is no
additional pay for per diem allowances, transportation costs and/or lodging.
The Department will notify an employee by 1700 hours the previous business
day if his/her court appearance is cancelled.
Notification of an employee's court appearance cancellation will be accomplished
via the text pager system and Department voice mail system.
An employee is required to check his/her Department voic e mail at 1700 hours
the previous business da y to the court appearance t o check if the court
appearance is cancelled.
An employee who is subpoenaed by a former jurisdiction is required to check with
that jurisdiction prior to 1700 hours the business day prior to the court appearance
to check if the court appearance is cancelled.
When the court appearance is cancelled by 1700 hours the previous business
day, the employee receives no compensation.
When an employee's court appearance is cancelled after 1700 hours the previous
business day to the court appearance, the employee is entitled to two (2) hours
compensation at the overtime rate as described in Section 3.
2.6 Overtime Cancellation
The Department will notify an employee 12 hours prior to a scheduled overtime
shift if his/her scheduled overtime shift is cancelled. Notification of an employee’s
scheduled overtime shift cancellation will be accomplished via the text pager
system and Department voice mail system. An employee is required to check
his/her Department voice mail 12 hours prior to the scheduled overtime shift to
check if the overtime shift is cancelled. When the scheduled overtime shift is
cancelled by 12 hours prior to the overtime shift, the employee receives no
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compensation. When an employee’s scheduled overtime shift is cancelled less
than 12 hours prior to the start of the overtime shift, the employee is
entitled to two (2) hours of compensation at the overtime rate as described in
Section 3.
3. Overtime Calculation
Overtime worked by an employee shall be calculated at the employee's regular rate of
pay utilizing the Police Division base pay and all applicable premiums.
4. Holidays
4.1 Observed Holidays
Employees will receive th e following thirteen and one-half (13 1/2) holidays
annually, specifically:
"New Year’s 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," "Independence Day,"
The first Monday in September, "Labor Day"
"State Admission Day,"
The second Monday in October, "Columbus Day,"
"Veteran's Day,"
The fourth Thursday in November, "Thanksgiving Day,"
Day after "Thanksgiving
12:00 Noon to 5:00 p.m. on Christmas Eve
"Christmas Day,"
Every day proclaimed by the President, Governor or Mayor of the City as a
public holiday and made applicable to City employees.
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.
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4.2 Holiday Pay
As represented Holiday Pay for the full calendar year will be paid once a year, on
the first pay date in December to those employees required to work holidays for
the holidays worked. Employees can beare required to work as scheduled
without any reference to holidays, in lieu of observing the thirteen and one-half
(13 ½) holidays listed in Section 4.1, above, Employees shall receive holiday in lieu
pay. Holiday in lieu pay will be calculated on a straight time basis, and
compensated at the rate of up to ten (10) hours only. Holiday in lieu pay shall
not be considered “paid status” and shall not count towards “hours worked” in
calculating overtime under Sections 1.8 and 2.1, above. City agrees that taxes
withheld for Holiday Pay checks will be annualized to reduce the tax impact on
individual checks. Regular part-time employees will be paid holiday pay based on
their designated pro-rata weekly work schedule. If an employee receives holiday
pay for a holiday and leaves City employment before the occurrence of the holiday,
the amount of the holiday pay advanced to the employee for the holiday not
worked shall be deducted from the employee’s final paycheck.
4.3 Holiday Pay for Detectives
Except at the direction of the Director of Public Safety, PSOs assigned to the
Detective Division shall utilize holiday paid leave and will not work and receive
holiday pay pursuant to Section 4.2 for the following four (4) holidays annually,
specifically:
1. New Year's Day
2. Thanksgiving
3. Day after Thanksgiving
4. Christmas
In the event that PSOs assigned to the Detective Division are ordered to work on
any of the four (4) holidays identified above, the employee will receive
compensation at time and one-half of his/her regular rate of pay in addition to the
Holiday Pay for his/her regularly scheduled work time.
PSOs assigned to the Detective Division may, at their option, volunteer to take-off
any remaining City designated holidays. Said employees will notify City by
January 15th of each year the designated holidays they anticipate working.
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4.34 Holiday Pay Rate
All compensation paid to sworn em plo yees d u e to the holidays identified above
shall be based upon the employee's regular rate of pay in the Police Division.
5. Annual Leave Program
(a) Effective July 1, 2011 employees shall accrue the following Annual Leave:
Length of Service
As a Full-time
Employee
Monthly
Annual Leave Hours
Yearly
Annual Leave Hours
0 to 2 years 13.167 Hours 158 Hours
3 to 5 years 14.5 Hours 174 Hours
6 to 10 years 16.5 Hours 198 Hours
11 to 15 years 18.5 Hours 222 Hours
16+ years 19.83 Hours 238 Hours
(b) Effective July 1, 2011, employees shall not accrue any form of sick leave or
disability wage, non-industrial or industrial. However, employees who have
accrued fully paid-hours under either the sick leave or disability wage program
for non-industrial illness and injury shall retain the balance of such hours
accumulated as of July 1, 2011. 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.
(c) Effective July 1, 2011, employees shall not accrue vacation. All existing
accumulated vacation shall be converted t o Annual Leave.
(d) 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 consistent with the City’s Personnel Rules if there
is a demonstrable pattern of abuse.
(e) Effective April 2, 2017 [or at the beginning the first pay period after Council
approval of this Agreement if later], 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 550 hour annual leave cap.
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(f) Accumulated annual leave shall be converted to cash at the Police hourly rate
upon separation from City service. The cash value of the accumulated leave for
sworn personnel will be based upon the employee’s regular rate of pay in the
Police Division.
(g) Preference for leave scheduling will be on the basis of seniority within classification
and/or as has been past practice.
(h) The City will provide a short term disability insurance program which includes
income replacement of 60% and benefits coordination to employees.
(i) 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.
6. Military Leave
The City grants military leave and related benefits maintenance, job seniority and
retention rights to all employees for service in a uniformed service in accordance with
state and f e d era l law. The emp l oy e e must notify his/her supervisor of upcoming
military duty as soon as he/she becomes aware of his/her obligation.
7. Other Fringe Benefits
7.1 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 agreement. In the
event that any offered health plan is no longer offered, the City agrees to
provide a suitable replacement health plan that is substantially comparable and
agrees to meet and confer.
7.2 Regular Part-Time Employees Fringe Benefits
Regular part-time employees ’ fringe b enefits sh all be as provided i n City
Council Resolution No. 80-140, adopted August 11, 1980, a copy of which is
attached hereto.
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7.3 Industrial Injury or Illness
Benefits for bargaining unit members who at any time during their employment
with the City have been classified as safety members may be eligible under
Section 4850 of the California Labor Code and/or City policies for job-related
injuries or illness. Sick leave and/or annual leave shall not be used for industrial
injury or illness under Section 4850.
7.4 Catastrophic Leave
Leave benefits shall be provided as outlined in City Council Resolution No.
201701-109270, adopted December 11, 2001August 22, 2017 -–Amended
Catastrophic Leave Program.
7.5 Paternity Paid Parental Leave
Regular employees may use up to three (3) days accrued sick leave o r annual
l eave for paternity leave, following the birth or adoption of a child.(a) Eligibility
Effective July 1, 2021, and for the term of the MOA, for eligible events that
occur on or after Council approval of this MOA, any permanent full-time
employee who has been continuously employed by the City for at least
twelve (12) months prior to the start of the leave shall be eligible for Paid
Parental Leave (PPL) to use within six (6) months of the following eligible
events:
Birth of a child of the employee, the employee’s spouse, or the
employee’s domestic partner; and
Placement of a child with the employee’s family for adoption or
foster care.
For the purpose of PPL, the definition of “parent” and “child” are as defined
by the California Family Rights Act. Proof of birth, adoption placement
must be provided before an employee can be paid for PPL, and must be
submitted within thirty (30) calendar days to the first use of the leave.
(b) Requesting PPL
Employees must submit a written request to Human Resources and notify
their supervisor of their intent to take PPL at least thirty (30) calendar days
prior to the first use of the PPL. If an eligible event is not foreseeable at
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least thirty (30) calendar days in advance, a written request must be
submitted to Human Resources and notice must be provided to the
employee’s supervisor as soon as practicable.
(c) Benefit and Use
Eligible employees shall be granted one hundred and twenty (120) PPL
hours to use within six (6) months of the eligible event for the purposes of
bonding.
PPL is based on a six (6) month rolling calendar. No more than one hundred
and twenty (120) PPL hours may be used in any six (6) month period. An
employee does not need to use PPL in one block. PPL can be taken
intermittently or on a reduced work schedule. Non-exempt employees
must take PPL in one (1) hour increments and exempt employees must take
PPL in full day increments.
Employees may not cash out PPL. Any unused PPL will be forfeited at the
end of the rolling six (6) month period or upon separation of employment.
PPL is based on the employee’s regular monthly salary (base salary plus
regularly occurring premiums/incentives). It is considered “paid status” for
the purpose of merit, seniority, premiums, annual and sick leave accrual,
and City benefit eligibility and contributions.
(d) Protections
Use of PPL shall not be cause for an employee to lose his/her current
assignment on a permanent basis; however, assignments may be altered to
accommodate the employee’s or department’s operational needs when
working a reduced work schedule.
Upon return from PPL, employees will be restored to their original or
equivalent position with equivalent pay, benefits, and other benefits.
(e) PPL Review Process
The City and RPPSOA agree to meet to discuss any unanticipated issues that
arise, including administrative and legal issues.
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7.6 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). Employee
request for leave shall comply with the requirements of the CFRA and/or the
FMLA.
7.67 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. The City and the employee shall have an interactive process
meeting upon receipt of the request, unless the City intends to grant the
employee’s request and finds that an interactive process is not needed.
Such assignments shall be temporary. They may involve duties that differ slightly
from the normal work duties of the employee but shall be duties substantially
within the scope of those normally performed by other employees with the
same job classification. Such light or limited duty assignment shall not affect the
employee's job classification or retirement status (i.e., Safety vs. Non-Safety
Retirement). 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.
7.8 Americans with Disabilities Act
The City and RPPSOA recognize that the City 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).
7.79 Payment to Beneficiary
Upon death of an employee, a n y unused annual leave and compensatory time
shall be paid to the employee's surviving spouse or beneficiary. In the absence
of a spouse or beneficiary, any unused vacation and compensatory time shall
be paid to the primary beneficiary specified by the employee on the employee's
enrollment/beneficiary card for City-provided Life Insurance.
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7.810 Health Plan Coverage
The City shall provide the insurance programs described in this Section. Pursuant
to Section 7.1, the City reserves the right to provide these insurance programs
by self-insurance, through an insurance company or by any other method which
provides the coverage outlined. Any premiums paid by the employee eligible for
Section 125 will be deducted from the employee’s pay on a pre-tax basis.
(a) Health Insurance
The City shall offer employees and their eligible dependents, a health
insurance program under the terms set forth below:
(i) 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
Plans and HSA (also known as the Anthem Blue Cross Prudent Buyer
Plan); Sutter Health, or any other comparable health plan offered
by the City.
(ii) 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
-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
Enrollment Level 2021-2022
(Effective July 1,
2021 or the date of
Council approval of
the MOA,
whichever is later)
2022-2023
(Effective July
1, 2022)
2023-2024
(Effective July
1, 2023)
2024-2025
(Effective July
1, 2024)
Employee Only (Single) $561.80 $578.65 $596.01 $613.89
Employee+ 1 (Two Party) $1,123.60 $1,157.31 $1,192.03 $1,227.79
Employee+ 2 (Family) $1,590.00 $1,637.70 $1,686.83 $1,737.44
(iii) The City shall provide a copy of the summary description of all
health care programs offered by the City to each employee upon
request.
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(iv) Regular part-time employees may elect to participate in health
insurance plans and the City will contribute a pro-rata amount
(based on the allocation of the position) towards the premium. The
part- time employee will be responsible for the balance of the
premium through payroll deductions. If the part-time employee
does not select coverage, no cash payment will be made in lieu of
the insurance.
(b) Alternate Benefit
Employees who opt out of medical coverage are eligible to receive an
alternate benefit in the amount of $400$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 such as TriCare) 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. The employee is not required to have
coverage through a group health plan outside of the City to be
eligible.;
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. Public Safety Officer Trainees shall
be excluded from receiving an Alternate Benefit. The alternate benefit
program meets all requirements for exclusion from “regular rate”
calculations.
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(c) 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.
(d) 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 7.10 to be out of compliance with law, the parties
agree to re-open Article 7.10 in order to meet and confer over such
impacts.
7.911 Dental Coverage
The City shall offer employees and their eligible dependents a dental insurance
program under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases
during the term of this 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.
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(iii) Eight-five percent (85) of the cost of the crowns and restorations.
(iv) Fifty percent (50%) of the cost of prosthodontics.
(v) Two thousand dollar ($2,000) maximum benefit for dental
services per person per year.
(vi) Fifty percent (50%) of the cost of orthodontics with a one
thousand five hundred dollar ($1 ,500) lifetime maximum benefit
per person.
(vii 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.
7.102 Vision Coverage
The City shall offer employees and their eligible dependents, a vision insurance
program under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases
during the term of this Agreement. Premiums will be set by the insurer,
or if self-insured by the City, using fiscally prudent methods. The City
shall provide a copy of the summary description of the vision insurance
program offered by the City to each employee upon request.
(b) In general, the program includes an eye examination once each twelve
(12) months, lenses once each twelve (12) months, and frames once
each twenty-four (24) months. An employee may purchase contact
lenses in lieu of the framed lenses referenced above.
7.113 Adoption Benefit
The City will provide a six hundred dollar ($600) per child cash benefit to
employees adopting minor children to help offset the cost of adoptions.
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7.124 Bereavement Leave
(a) A regular employee shall be paid up to thirty (30) hours for non-sworn personnel
and thirty-six (36) hours for sworn personnel of bereavement leave when there is
a death in their immediate family.
(b) Additionally, a regular employee may, subject to approval of the department
head, use twenty (20) hours of the employee's accrued sick leave (or annual
leave if the employee maintains no sick leave) if the employee must travel out
of the area, i.e. at least 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), stepparents, aunts, uncles, grandparents, grandparents-
in-law, grandchildren and relationships in loco-parentis and close personal
relationships with the approval of the City Manager and or his/her designee.
7.135 Funeral Expense Benefit
The City will provide fifty percent (50%) co-payment, not to exceed $2,000, for
funeral expenses for an employee or the employee's spouse. 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.
7.146 Long-Term Disability Insurance
(a) Employees repres e nt ed b y this Agreement w ill obtain his/her long-term disability
insurance coverage from a private PORAC sponsored long-term disability program.
(b) The City agrees to collect monthly insurance premiums from employees for
private PORAC sponsored long-term disability plan and remit the collected
premium to Myers-Stevens & Company. The City will accomplish collection of
insurance premiums by monthly deductions from the employee's paycheck. All
employees represented by this Agreement must have a signed insurance
premium deduction authorization form on file with the City’s payroll office .
RPPSOA will hold the City harmless from any liability or errors resulting from the
collection and remittance of insurance premiums.
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(c) Employees represented by this Agreement shall join and maintain his/her long-
term disability insurance with the private PORAC sponsored long-term disability
program, subject to the provisions of the insurance plan.
(d) RPPSOA agrees to indemnify the City, its officers, employees and agents and
hold it harmless against any and all suits, claims demands and liability that shall
arise directly or indirectly out of any action that shall be taken by the City, its
officers, employees and agents from the discontinuance of the long-term
disability plan provided by Standard Insurance, for permitting employees
represented by this Agreement to establish a private long-term disability
insurance plan and pay for it individually through payroll deduction and for
complying with the foregoing sections.
7.157 Life Insurance
(a) The City will provide, at no premium cost to employees, $50,000 life insurance
coverage provided to employees and $1,000 for spouse, domestic partner and
dependents, and which coverage includes accidental death and dismemberment
benefits.
(b) The City will allow, subject to the insurance carrier's approval, any employees to
purchase, at their own cost, additional life insurance coverage under the City's
group program.
7.168 Deferred Income
(a) The City will continue to make available to the employees a deferred income
program, such as that now being administered by Nationwide Retirement
Solutions and ICMA or a similar program with another institution acceptable to
City.
7.179 Retired, Deceased and/or Permanently and Totally Disabled Employees
This Section 7.19 (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.
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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.
2. 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.
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(i) The City established a Retiree Health Savings Account (RHSA) (or
substantially similar individual investment account in the eligible
employee’s name) for the Eligible Employee. The City
contributed $2,500.00 per year of Continuous City Service for sworn
members into the RHSA and $2,000 per year of Continuous City
Service for miscellaneous members 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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(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. Retirement 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:
(a) 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.
(b) 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.
(c) Calculation of contribution will be prorated for regular part time
employees.
(d) 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.
7.1820 Clothing Allowance
(a) That the City will provide, to newly employed sworn personnel, 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, one (1) Ike Jacket; 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) t o those employees required t o wear them. The value of the
uniforms provided to newly employed sworn personnel does not exceed $900. The
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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 sworn personnel, and $540 per calendar year for Community Services
Officers. 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 uniform maintenance allowances shall be prorated
for the 2017 calendar year to reflect the effective date of the increase to the
allowance provided by this section.
(c) The Department will provide the necessary Academy uniforms for Public Safety
Officer Trainees.
(d) The City will provide required safety equipment, including but not limited to
firearms, duty belts, ballistic vests, fire turnout gear, fire station boots, and wild
land gear.
7.1921 Education and Training
(a) 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
Department Head 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.
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7.202 Longevity and Incentive Pay (P.O.S.T., Detectives, Motor Officers)
(a) City will continue to provide longevity pay to employees, based on continuous
years of service (as defined in Section 7.19 (1)(d) as follows:
Completed Years of Service Pay Percentage Increases
5 years 2%
For each completed year thereafter 1/2%
(i) The maximum longevity pay percentage to be paid shall be ten percent
(10%) of base pay. The "completed years of service” will be determined on
January 1 and July 1 and not on an employee's employment anniversary date.
(ii) For employees hired after 10/10/95, the longevity program as outlined
above does not apply.
(b) The City will provide a P.O.S.T. Certification Incentive Pay to Sergeants and Public
Safety Officers employees based upon receipt of Intermediate, Advanced, or
Supervisory P.O.S.T. Certification applicable to their respective job classification.
(i) Sergeants and Public Safety Officers: The amount of the intermediate
P.O.S.T. Certification Incentive Pay will be four and one half (4.5%) percent
(4.5%) of base salary per month. The amount of the Advanced P.O.S.T.
Certification Incentive Pay will be seven (7%) percent (7%) of base salary
per month. The payments provided above are not cumulative. The amount
of the P.O.S.T. Supervisor Certificate (Sergeant Only) will be nine (9%)
percent (9%) of base salary per month. Only one of the P.O.S.T.
Certification Incentive Pays is paid per employee.
(ii) Dispatchers: The amount of the Intermediate P.O.S.T. Certification
Incentive Pay will be two and one half percent (2.5%) of base salary per
month. The amount of the Advanced P.O.S.T. Certification Incentive Pay will
be five percent (5%) of base salary per month. Only one of the P.O.S.T.
Certification Incentive Pays is paid per employee.
(c) Detective Division Premium. The City will provide Incentive Pay to Sergeants
and PSOs assigned to the Detective Division (including, but not limited to the
Gang Task Force, Special Enforcement Unit, Computer Crimes Task Force, COPS
Unit, and Narcotics Task Force) of five (5) percent of base salary per month.
27
(d) Motorcycle Patrol Premium. The City will provide Incentive Pay to Public Safety
Officers assigned to motorcycle duty of five (5) percent of base salary per
month.
(e) Community Service Officers who have successfully completed either/or both the
P.O.S.T. Field Evidence Technician and Field Evidence Technician-Advanced courses
shall be eligible for two and one-half (2.5) percent of base salary differential pay.
(f) The City will provide Incentive Pay to Public Safety Officers assigned as the Police
Canine Handler of three ( 3) percent of base salary per month. Canine officers shall
be compensated for canine care as follows: On days when canine officers are
scheduled for regular assigned work shifts, canine officers leave work one hour
prior to the end of their scheduled shift. On days when canine officers are not
scheduled to work a regular assigned work shift, canine officers will record one-half
hour of overtime for the purpose of canine care.
7.213 Retirement Program
(a) Effective July 1, 2007, the City will provide the California Public Employees'
Retirement System (CalPERS) three percent (3%) at fifty (50) retirement program
to local safety members and the CalPERS two and seven tenths percent (2.7%) at
fifty five (55) retirement program to Public Safety Officer Trainees, Community
Services Officers, and Dispatchers. Effective J uly 1, 2011, as agreed to by all
miscellaneous employees of the City, the City will provide the California Public
Employees' Retirement System (CalPERS) two percent (2.0%) at fifty-five (55)
program to Public Safety Officer Trainees, Community Services Officers, and
Dispatchers hired on or after July 1, 2011. The City will continue to provide the
"one-year highest compensation" optional provision in its contract with CalPERS
per CalPERS Section 20024.2 for employees in the programs listed above. Effective
July 1, 2011, or as soon thereafter as agreed to by all safety employees of the
City, 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 the date the contract with
CalPERS is amended. Effective August 1, 2011, all employees, regardless of
program, will pay the required member contribution; however, in no event shall
local safety members contribute more than 9% to CalPERS for their retirement
benefits. Similarly, in no event shall miscellaneous employees contribute more
than 8% to CalPERS for their respective retirement benefits.
Commented [A3]: Amendment 5 – Side Letter Agreement
dated October 3, 2018
28
(b) The agreed upon employee cost sharing of employer costs described in this Section
7.23(b) (including all subsections), shall be implemented pursuant to Government
Code Section 20516.
i. RPPSOA Safety Employee Cost Sharing of Employer Costs Through June
30, 2018
Effective April 2, 2017, and through June 30, 2018, local safety members in
the bargaining unit participating in the 3% at 50 or 3% at 55 retirement plan
formulas (classic members) shall pay, through payroll deduction, the
originally 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. The cost sharing pursuant to this
subsection (b)(i) shall be implemented pursuant to Government Code
Section 20516(t).
ii. RPPSOA Safety Employee Cost Sharing of Employer Costs July 1, 2018
Through June 30, 2019
Effective the first day of the pay period that includes July 1, 2018, and
through June 30, 2019, local safety members in the bargaining unit
participating in the 3% at 50 or 3% at 55 retirement plan formulas (classic
members) shall pay, through payroll deduction, the originally required 9%
member contribution amount and an additional cost sharing amount of
two percent (2%) of PERSable compensation. Pursuant to this subsection
(b)(ii), employees will pay a combined total contribution amount of eleven
percent (11%) of PERSable compensation toward the cost of pension
benefits. The cost sharing established by this subsection (b)(ii) shall be
implemented pursuant to Government Code Section 20516(f) until the
date authorized through the CalPERS contract amendment process
described in subsection (b)(iv) below.
iii. RPPSOA Safety Employee Cost Sharing of Employer Costs Beginning July 1,
2019, and Continuing Thereafter
Effective the first day of the pay period that includes July 1, 2019, and
continuing thereafter, local safety members in the bargaining unit
Commented [A4]: Not something TA’d but for clean up as
not applicable to this MOA
29
participating in the 3% at 50 or 3% at 55 retirement plan formulas (classic
members) shall pay, through payroll deduction, all amounts described in
subsection 7.23(b)(ii) above, and an additional cost sharing amount of one
percent (1%) of PERSable compensation for a total cost sharing amount of
three percent (3%) of PERSable compensation. Pursuant to this subsection
(b)(iii), employees will pay a combined total contribution amount of twelve
percent (12%) of PERSable compensation toward the cost of pension
benefits (i.e. 3% cost sharing plus the originally required 9% employee
contribution amount). This cost sharing arrangement whereby classic safety
employees in the bargaining unit pay 12% of PERSable compensation toward
the cost of pension 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.
iiv. Amendment to CalPERS Contract
The parties acknowledge that CalPERS mandates an election of unit
members, separate from ratification of this MOA, to provide for cost
sharing by CalPERS contract amendment pursuant to Government Code
Section 20516. As soon as administratively practicable, the City will initiate
the CalPERS contract amendment process to include the cost sharing
agreements. The City shall contact CalPERS to begin the contract
amendment process for cost sharing as set forth in subsection (b)(ii) above
within 10 days of the City Council's approval of the side letter establishing
this subsection iv. To the extent required by law and/or CalPERS rules or
regulations, a second contract amendment will be made to incorporate into
the City's CalPERS contract the additional cost sharing arrangement set
forth in subsection (b)(iii).
After approval and agreement from the bargaining unit and completion of
the City's amendment(s) to the CalPERS contract, employee contributions
to the employer's portion will be made and credited to each employee's
account, pursuant to law and any related CalPERS regulations. Prior to the
completion of the City's amendment(s) to the CalPERS contract
incorporating the cost sharing arrangements described in subsections
(b)(ii) and/or (b)(iii), or if any such CalPERS contract amendment(s) is not
approved, the agreed upon cost sharing shall be implem ented outside of a
CalPERS contract amendment as authorized by Government Code Section
20516(f). The cost sharing described in Section 7.23(b)(iii) shall extend
30
beyond the expiration of this MOA and constitute the status quo for all
purposes until changed by mutual agreement of the parties or as allowed
by law. The Association and the City will take all actions necessary to
implement the pension cost sharing agreement described in this
subsection.
v. IRC Section 414(h)(2) Application to Cost Sharing By CalPERS Contract
As permitted by Internal Revenue Code Section 414(h)(2) and Government
Code Section 20516, unit members' CalPERS contributions established
pursuant to the City's CalPERS contract shall be paid with state and federal
income taxes deferred to the extent permitted by the Internal Revenue
Code 26 U.S.C. Section 414(h)(2) and associated City resolutions.
(a) The required employee cost sharing of employer costs described in this
Section 7.23 (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 10.1
(effective April 2, 2017), 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 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 7.23(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.
Commented [A5]: Amendment 2 – Side Letter Agreement
dated April 30, 2018
31
(iii) Required Safety Employee Cost Sharing of Employer Costs Beginning
July 1, 2019, and Continuing Thereafter
Effective 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 7.23(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 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.
(iv) Required Miscellaneous Employee Cost Sharing of Employer Costs July 1,
2018 Through June 30, 2019
Effective July 1, 2018 and through June 30, 2019, miscellaneous employees
participating in the 2.7% at 55 or 2.0% at 55 retirement plan formulas shall
pay, through payroll deduction, the required member contribution
amounts (8% for 2.7% at 55 plan, and 7% for the 2.0% at 55 plan), and an
additional one-half percent (0.5%) of PERSable compensation for a total
contribution toward the cost of pension benefits of eight and one-half
percent (8.5%) for the 2.7% at 55 plan, and seven and one-half percent
(7.5%) for the 2.0% at 55 plan.
(v) Required Miscellaneous Employee Cost Sharing of Employer Costs July 1,
2019 Through June 30, 2020
Effective July 1, 2019 and through June 30, 2020, miscellaneous employees
participating in the 2.7% at 55 or 2.0% at 55 retirement plan formulas shall
pay, through payroll deduction, the amounts described in
subsection 7.23(b)(iv) above, and an additional one-half percent (0.5%) of
PERSable compensation for a total contribution toward the cost of pension
benefits of nine percent (9%) for the 2.7% at 55 plan, and eight percent
(8%) for the 2.0% at 55 plan.
32
(vi) Required Miscellaneous Employee Cost Sharing of Employer Costs
Beginning July 1, 2020, and Continuing Thereafter
Effective July 1, 2020, and continuing thereafter, miscellaneous employees
participating in the 2.7% at 55 or 2.0% at 55 retirement plan formulas shall
pay, through payroll deduction, the amounts described in subsection
7.23(b)(v) above, and an additional one-half percent (0.5%) of PERSable
compensation for a total contribution toward the cost of pension benefits
of nine and one-half percent (9.5%) for the 2.7% at 55 plan, and eight and
one-half percent (8.5%) for the 2.0% at 55 plan. This required cost sharing
requiring miscellaneous employees to pay a total of 9.5% and 8.5%
respectively of PERSable compensation toward the cost of pension benefits
shall continue and constitute the status quo ante for all purposes and state
statutes after the expiration of this MOU on June 30, 2021.
(c) New Employees Hired On or After January 1, 2013
Effective January 1, 2013, the City will provide the following retirement benefits
to employees who meet the definition of a new member under Gov't.
Code 7522.04(f) and who are hired on or after January 1, 2013: CalPERS two
point seven percent (2.7%) at fifty-seven (57), highest three year average
program to new local safety members; and two percent (2.0%) at sixty-two (62),
highest three year average program to new miscellaneous members.
Effective, July 1, 2013, new local safety members and new miscellaneous
members hired on or after January 1, 2013, shall contribute at least fifty percent
(50%) of the normal cost rate to CalPERS.
Pensionable compensation does not include monies paid to new 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) Except as otherwise specified in the cost sharing provisions of sections of this MOA
or negotiated in the future, the City will absorb any employer contribution rate
increases required by CalPERS.
(e) The City makes no representation concerning the value of this benefit or how it
may be taxed or treated by other agencies both presently and in the future. The
City's obligation under this section is limited to the direct cost of providing the
Commented [A6]: Amendment 3 – Side Letter dated May
10, 2018
33
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.
(f) The City will 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 upon retirement for the 5.0% annual maximum cost-of-living
allowance increase as defined in Section 21335.
7.224 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.
7.235 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.
7.246 Off-Duty Employment
Members o f the Unit will continue t o be eligi ble for employment b y third
parties during off-duty hours. The Association and the City will negotiate a side-
letter agreement on off-duty employment which will consist of various provisions,
including, but not limited to, the Director of Public Safety retaining discretion
and authority to approve of third-party employment and a mandatory
release/hold harmless/indemnification agreement to be executed by the outside
employer in favor of the City. The parties will negotiate the additional terms of
the side-letter agreement no later than December 1, 2017.
7.257 Reinstatement/Specialty Position
If an employee is removed from a specialty assignment or position due to the
elimination of the position by the City and/or the Department, the employee
34
shall be given the option to return to the position should the position be
reinstated within 18 months and if the employee has maintained any
certifications required for the position. If the employee declines to resume
his/her duties in the specialty assignment or position, the Department will follow
existing protocols for filling the position.
8. Agency Shop and Payroll DeductionsOrganization Security
8.1 Agency ShopBargaining Unit Recognition
City recognizes RPPSOA as the exclusive representative for the following regular
full-time and regular part-time classifications: Public Safety Sergeants, Public Safety
Officers I-IV, Public Safety Dispatchers I-II, Public Safety Communications
Supervisor, Community Services Officers, Part-Time Dispatchers, and Public Safety
Officer Trainees.
(a) The RPPSOA may, at its sole discretion, choose to adopt an Agency Shop pursuant
to Government Code Section 3502.5. If adopted, the City will recognize the Agency
shop as applying to all regular full-time and regular part-time employees
represented by the Bargaining Unit.
(b) If the RPPSOA adopts agency shop in Section 7.1 (a) above, t he n the following
apply:
(i) It is recognized that RPPSOA owes the same responsibilities to all
employees i n the representation unit, and has a duty to provide fair and
equal representation to all employees in all classes in the unit whether or
not they are members of RPPSOA.
(ii) All employees in the representation unit, excluding supervisory or
confidential employees who have chosen not to join the RPPSOA pursuant
to Government Code Section 3502.5 (c), shall, as a condition of
continued employment, beginning with the second full pay period after
such effective date and until the termination of the Agreement, either:
(1) Become a member of RPPSOA; or
(2) Execute a written declaration that the employee is a member of
a bona fide religion, body, or sect which holds a conscientious
objection to joining or financially supporting any public employee
organization as a condition of employment; and
35
(3) Pay a sum equal to the agency fee described in subsection 7.3 to
a non-religious, non-labor charitable fund chosen by the employee
from participating agencies of the United Way of Sonoma -
Mendocino-Lake. The employee shall furnish written proof to
the City and RPPSOA that this contribution has been made.
(iii) The condition of employment specified above shall not apply during
periods of separation from the representation unit by any such employee
but shall reapply to such employee commencing with the third full pay
period following the return of the employee to the representation unit.
The term separation includes transfer out of the unit, layoff, and leaves of
absence with a duration of more than two full pay periods. The
condition of employment s peci fied above shall not apply to newly hired
employees until the beginning of the third full pay period of
employment.
(iv) All represented employee members who had Association dues deduction
authorizations on file with the Auditor-Controller or the Association, or
who may thereafter authorize in writing the deduction of their dues,
shall remain on payroll deduction for the term of this Memorandum of
Agreement or so long as they are members of the representative units.
Members may t e r m i n a t e payroll d e d u c t i o n s o f dues at the expiration
of this Memorandum o f Agreement by giving written notice to RPPSOA
during a one-month period between ninety (90) and sixty (60) days prior
to the expiration of the term.
8.2 Payroll Deductions
The City shall rely on a written certification from RPPSOA requesting a deduction or
reduction from employees’ salaries or wages confirming that RPPSOA has and will
maintain individual signed employee authorizations affirmatively consenting to
dues deductions that meet the requirements of State and federal law. After
providing the required certification, RPPSOA shall not be required to provide a
copy of individual authorizations to the City unless a dispute arises about the
existence or terms of the authorization.
Based on the certification from RPPSOA described above, the City shall deduct, per
pay period, the amount of regular and period dues, service fees, insurance
premiums, PAC contributions and any other Union-sponsored program (hereinafter
36
“payroll deductions”) as specified by RPPSOA. RPPSOA will provide the City with
information regarding the amount of any payroll deductions and the list of
member employees who have affirmatively consented to or authorized such
deductions.
The payroll deductions, together with a written statement of the names and
amounts deducted, shall be transmitted to RPPSOA through electronic funds
transfer no later than five (5) business days after the deductions from the
employee’s earnings occur.
The unit member’s earnings must be sufficient, after all other required deductions
are made, to cover the amount of the payroll deductions authorized by this
Section. When a unit member is in a non-pay status for an entire pay period, no
withholdings will be made to cover that pay period from future earnings nor will
the unit member deposit the amount with the City which would have been
withheld if the unit member had been in pay status during that period. If a unit
member is in a non-pay status during a part of the pay period, and that unit
member’s salary is not sufficient to cover the full withholding, the City shall not
conduct the payroll deduction on behalf of that employee. In this connection, all
other required deductions have priority over the payroll deduction and unit
member organization deduction.
8.3 Change or Cancellation of Deductions
Dues deductions may be revoked only pursuant to the terms of the employee’s
written authorization. Requests to change or cancel deductions shall be
directed to RPPSOA rather than the City. In the event that the City receives an
employee’s request to cancel or chance deductions, the City shall direct the
request to RPPSOA. The City shall rely on information provided by RPPSOA
regarding whether deductions for RPPSOA were properly canceled or changed.
The City shall apply any changes or modifications to the authorized payroll
deductions in the first full pay period after receiving notice from the RPPSOA.
8.4 Indemnification
RPPSOA shall indemnify, defend, protect, and hold harmless the City and its
elected and appointed officials, officers, employees, officers and agents
(collectively hereafter the “Indemnitees”) from and against any and all claims,
liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes
37
of action, judgments, costs and expenses (including, but not limited to, reasonable
attorneys’ fees and court costs) arising from the application of Sections 8.2 and 8.3,
including, but not limited to, any claims made by any member employees for the
membership dues deductions the City made in reliance on RPPSOA’s certification,
and any claims made by any member employees for any deduction cancellation or
modification the City made in reliance on the information provided by RPPSOA
Further, RPPSOA shall refund to the City any amounts paid to it in error upon
presentation of supporting evidence. The RPPSOA shall be responsible for the
defense of any claim within this provision, subject to the following: (i) the City
shall promptly give written notice of any claim to the RPPSOA; (ii) the City shall
cooperate and provide assistance reason ably requested for the defense of the
claim; and (iii) the RPPSOA has the r ight to control the defense or settlement of
the claim. This duty to indemnify, hold harmless, and defend shall not apply to
actions related to compliance with this section brought by the Association
against the City.
8.5 Bargaining Unit Member Contact Information
To the extent required by Government Code Section 3558, the City shall provide
RPPSOA with a list of names and contact information (listed below) for any newly
hired unit member within 30 days of the date of hire or by the first pay period of
the month following hire. The City shall also provide RPPSOA with a list of all unit
member names and contact information on the last working day of September,
January, and May. The information shall include the following information except
for any information subject to exclusion pursuant to Government Code Section
6254.3(c):
Employee name;
Job title;
Department;
Work location;
Home address; and
Work, home and personal telephone numbers and personal email
addresses on file with the City.
8.6 New Employee Onboarding and Orientation
The City shall provide the RPPSOA with written notice of any new employee
orientations for new employees in represented classifications, at least ten (10)
business days prior to the orientation. The notice shall include time and date of the
38
orientation with Human Resources. Representatives of the RPPSOA shall be permitted
to meet with the new employees for up to one (1) hour after Human Resource’s the
orientation at a location of RPPSOA’s choice.
The RPPSOA shall be provided with monthly payroll deduction of Association dues,
service fees, and premium amounts for insurance programs sponsored by the
employee's organization at no cost to the employee organization.
8.3 Listing of Deductions
The RPPSOA shall provide the City Manager with a listing of deductions to be
made from represented employees. Said listing will remain in force until amended
by RPPSOA in writing. RPPSOA will hold the City harmless for any liability or
errors resulting from errors on the listing provided by RPPSOA.
8.4 Hold Harmless
RPPSOA agrees to indemnify and defend the City, its officers, employees and
agents and hold it harmless against any and all suits, claims, demands and
liabilities that shall arise directly or indirectly out of any action that shall be
taken or not taken or on behalf of the City, its officers, employees and agents
for the purpose of complying with the foregoing sections.
8.75 Bargaining Unit Work
(a) The RPPSOA and City agree that the use of an auxiliary firefighter volunteer
corps, reserve peace officers, per diem and other temporary employees or
volunteers is intended to supplement and not supplant members of the
bargaining unit.
(b) Available Sergeant overtime shifts shall be offered to members of the bargaining
unit to fill on a voluntary basis. Overtime shifts not filled by members of the
bargaining unit on a voluntary basis will be filled by members on a mandatory
basis as assigned by the Director of Public Safety or his/her designee.
(c) Nothing in this section prevents the Director of Public Safety from making any
assignments that he/she deems necessary for effective response to a natural
disaster or catastrophic emergency.
(d) The City retains the right to retain consultants for limited duration to conduct
training and/or render services that cannot be performed by members of the
bargaining unit.
39
9. Safety Equipment
9.1 Replacement Equipment
City will continue to furnish Public Safety Officers with replacement equipment
as needed for the equipment that the City is required to furnish per the
Government Code. Said equipment includes, but is not limited to, 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.
9.2 Personal Equipment
City shall replace, with the Director of Public Safety's approval, any personal
equipment lost, destroyed or damaged beyond repair while used in the line of
duty. This Section 9.2 shall not apply to uniforms (see Section 7.20). Items shall
not be replaced if worn because of normal wear and tear.
9.3 UV Eye Protection (Sunglasses)
City will reimburse f o r sunglasses providing U V protection, not to exceed sixty-
five ($65) per employee per year, for use by Public Safety Sergeants, PSOs and
CSOs authorized to operate Public Safety vehicles and motorcycles.
10. Salaries & Miscellaneous Pay
[The job descriptions will describe the detailed requirements for the newly established
classifications.]
10.1 Revised Classification Plan and Salary Structure
(a) General Provisions
Effective April 2, 2017 [or the first date of the first pay period after Council
adoption of this Agreement, if later], the City will implement a new classification
and salary schedule for employees in the bargaining unit, including the
classifications and salary schedules set forth below and described in the related job
descriptions. The City and Association have met and reached agreement regarding
the appropriate classification and step placement for all employees currently in the
40
bargaining unit, and this determination is final and shall not be subject to challenge
under the grievance procedure.
The parties recognize that the City must comply with the law and CalPERS rules and
regulations regarding compensation reporting and related pension requirements.
If necessary during the term of this Agreement, the Association agrees to meet and
confer at the request of the City for the narrow and specific purpose of complying
with CalPERS rules, regulations, and directives pertaining to reporting
compensation.
(b) PSO I-IV Classifications
(i) PSO I: The PSO I is the entry level classification with the requirements as
set forth in the Public Safety Officer I job description.
(ii) PSO II: The PSO II classification requires successful completion of probation
at the PSO I level PSO I Fied Training Program, successful and completion of
the Fire Academy and department specific training required for sign off as a
Fire Fighter I.
(iii) PSO III: The PSO III classification requires all of the requirements of PSO II
and the achievement of the Department’s qualifications to be a Fire
Engineer, including the following:
(1) Fire Engineer shall be defined as any employee who has been fully
qualified both mentally and physically capable to operate one or
more pieces of City-owned firefighting pumping apparatus.
(2) Each qualified Fire Engineer must receive at least ten (10) hours
of refresher training provided by the Department of Public Safety
each year. Any Public Safety Officer not completing the annual
training will be subject to demotion for failing to maintain his/her
qualification.
(3) The required hands-on field-testing for Fire Engineer shall be done
at random by lottery, and at any time.
(iv) PSO IV: The PSO IV classification requires all of the requirements of the
PSO III classification and completion of (1), (2), and (3) below:
41
(1) Minimum of ten (10) years of full-time peace officer or firefighter
experience, of which a minimum of five (5) years shall be service
with the City of Rohnert Park, and
(2) Possession of a P.O.S.T. Intermediate Certificate or higher, and
(3) Any one of:
(i) Associate of Arts degree or higher from an accredited
college, or
(ii) Actively seeking a Bachelor’s degree from an accredited
college, with a minimum of two years completed ("actively
seeking" means the successful completion of courses
towards a Bachelor’s degree in two of the three most recent
semesters or quarters, with a total of at least six (6)
semester units completed during that period), or
(iii) Assigned one or more of the Special Assignments listed
below within the past five (5) years. Special Assignments to
be considered for this program are: Field Training Officer;
Detective; COPS; Special Enforcement Unit; Gang Officer;
Police Canine Handler; School Resources Officer; Firearms
Instructor; Defensive Tactics Instructor; Driving Instructor;
Motors; Traffic; Malt; Field ID Technician; OES Coordination
Team, or other assignments deemed qualifying by the
Director of Public Safety.
(c) Salary/Pay Schedules
Salary increases will be effective in accordance with Section 10.6 after Council
approval of this Agreement and Effective April 2, 2017 [or the first date of the first
full pay period after Council approval of this Agreement, if later], the hourly pay
schedule for all represented classifications will be set as follows:
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
PSO I $33.41 $35.08 $36.84 $38.68 $40.61 $42.44
PSO II $34.25 $35.96 $37.76 $39.65 $41.63 $43.50
PSO III $35.45 $37.22 $39.08 $41.03 $43.08 $45.02
PSO IV $37.22 $39.08 $41.03 $43.08 $45.24 $47.27
Sergeant $44.85 $47.09 $49.44 $51.92 $54.51 $56.97
42
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Dispatcher $26.99 $28.34 $29.76 $31.25 $32.81
CSO $23.65 $24.83 $26.07 $27.37 $28.74
Comm. Supervisor $34.01 $35.71 $37.50 $39.37 $41.34
Part Time Dispatcher $26.99 $28.34 $29.76 $31.25 $32.81
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Public Safety Officer I (PSO I) 39.04 40.99 43.04 45.19 47.45 49.82
Public Safety Officer II (PSO II) 40.01 42.01 44.11 46.32 48.64 51.07
Public Safety Officer III (PSO III) 41.41 43.48 45.66 47.94 50.34 52.86
Public Safety Officer IV (PSO IV) 43.48 45.66 47.94 50.34 52.86 55.50
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Public Safety Sergeant 48.77 51.21 53.77 56.46 59.29 62.25 65.36
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Public Safety Dispatcher I 29.01 30.46 31.98 33.58 35.26
Public Safety Dispatcher II 32.02 33.62 35.30 37.07 38.92
Community Services Officer (CSO) 27.61 28.99 30.44 31.96 33.56
Part Time Dispatcher 32.02 33.62 35.30 37.07 38.92
Public Safety Comm. Supervisor 39.02 40.97 43.02 45.17 47.43
The pay schedule set forth in this subsection (a) shall be known as the 2017-
20182021-2022 Pay Schedule.
10.2 Salary Adjustments
(a) 202218-202319 Increase: Effective the first day of the pay period that includes
July 1, 20222018, the 20 2117-202218 Pay Schedule shall be increased by
two and one -half percent (2.5%)three percent (3%). This revised schedule shall
be known as the 2018-20192022-2023 Pay Schedule.
(b) 202319-202410 Increase: Effective the first day of the pay period that includes
July 1, 202319, the 2018-20192022-2023 Pay Schedule shall be increased by
two and one -half percent (2.5%)three percent (3%). This revised schedule shall
be known as the 2023-20242019-2020 Pay Schedule.
(c) 20240-20251 Increase: Effective the first day of the pay period that includes July
1, 20240, the 2023-20242019-2010 Pay Schedule shall be increased by three
percent (3%). This revised schedule shall be known as the 2020-20212024-2025
Pay Schedule.
43
10.3 Monthly Salary Schedule
Wages are as shown in the City's Rates and Ranges document.
10.4 Incentive Pay or Acting Pay
(a) Field Training Officer (FTO) Pay
Employees who are qualified a n d regularly a ssigned b y the Director of Public
Safety, as a Field Training Officer, shall receive a five percent (5%) of base salary
monthly I nc e n ti v e Pa y.
(i) A Field Training Officer shall be defined as a Public Safety Officer who has
been fully qualified to train newly-hired Public Safety Officers. To be
eligible to apply for FTO, the officer must currently be assigned to the
Patrol Division or due to return to the Patrol Division from a specialty
assignment within one (1) year or less; must be off probation; and have
at least three two (23) years full- time experience as a peace officer in the
State of California. Field Training Officers will be selected through a
three- phase testing process. The process will include a written test, an oral
examination, and supervisory and command staff review. After a candidate
has been selected, he or she will be required to successfully complete a
P.O.S.T. certified FTO School before final appointment.
(ii) Any FTO who is assigned to a specialty position of Detective will
automatically relinquish his or her FTO status and pay incentive, and will
be required to re-apply for the position when he or she becomes eligible.
PSOs assigned to the Detective Division shall not be eligible for an FTO
assignment and the pay incentive.
(iii) Completion of a three-year term as a FTO shall be deemed as successfully
completing the FTO assignment. At any time after three years as a FTO, an
employee, at his or her option, may elect to discontinue the FTO
assignment by notifying the City in writing. If an employee exercises this
option, the employee will automatically relinquish his or her FTO status and
pay incentive. The exercise of this option by an employee will not be
grounds for any disciplinary action by the City.
(iv) The City reserves the right to exercise its regular and customary
management rights with regard to FTO assignments including, establishing
FTO performance standards, conducting an annual performance review of
Commented [A7]: Amendment 1 - Side Letter Agreement
dated April 13, 2018
44
the FTO and taking disciplinary actions subject to the requirements of
applicable laws.
[This is moved to Section 10.1(b)(iii) and will be incorporated into the job description as
previously revised.]
(b) Non-Sworn Training Officer Pay
(i) Dispatchers, who are qualified and regularly assigned by the Director of
Public Safety in the training of new Public Safety Dispatchers during their
probationary period, shall receive a monthly Incentive Pay of five percent
(5%) of his/her regular base salary.
(ii) Community Service Officers (CSO), who are qualified and regularly assigned
by the Director of Public Safety in the training of new CSOs during their
probationary period, shall receive a monthly Incentive Pay of five percent
(5%) of his/her regular base salary.
(c) Acting Commander Pay
The Association and the City have met and jointly developed SOP-9, a
Departmental policy outlining the criteria for members to serve in an acting
capacity for the rank of Commander. There is no requirement or obligation by the
City to permanently fill positions that are open.
(d) Acting Supervisor/Watch Commander PayAssignments:
Public Safety Officers who have passed an eligibility testing process approved by
the Director of Public Safety shall be eligible to serve as an Acting
Supervisor/Watch Commander. As a specific decision-making role and authority is
delegated with this assignment, this assignment may be made for a period of any
length, up to three months. Continuous assignment for periods exceeding one
pay period will be made in writing. Acting Supervisor/Watch Commander
assignments will be compensated by a 5% acting pay for all hours actually worked
as an Acting Supervisor/Watch Commander. An Acting Supervisor/Watch
Commander assignment may be compensated by a 10% acting pay to ensure
against loss of income to the assigned Public Safety Officer if other assignment-
based compensation is removed due to the Acting Supervisor/Watch Commander
assignment.
1. Acting Supervisor/Watch Commander:
45
Public Safety Officers who have passed an eligibility testing process approved
by the Director of Public Safety shall be eligible to serve as an Acting
Supervisor/Watch Commander. This assignment can be intermittent-on an as
needed basis, or for up to 960 hours per fiscal year for a position that is
vacant during recruitment for a permanent appointment or 12 months for an
Acting Supervisor/Watch Commander assignment temporarily available due
to another employee's leave of absence. Continuous assignment for periods
exceeding one pay period will be made in writing.
2. Acting Sergeant Assignment:
Public Safety Officers who have expressed an interest in promoting to
Sergeant and who have been approved by the Director of Public Safety may
be eligible to serve in an Acting Sergeant assignment for a designated
rotation with an assigned patrol shift. An Acting Sergeant assignment for a
rotation will not exceed 960 hours per fiscal year, including overtime hours.
This is a training assignment with additional supervision and oversight by
Command Staff.
3. Compensation for Acting Assignments:
An Acting Assignment will be compensated by 5% acting pay for the
duration of the assignment. This acting pay may be adjusted upon
assignment if necessary to ensure against loss of income to the assigned
Public Safety Officer if other assignment-based compensation is removed
due to the Acting Assignment. The exact amount of the acting pay shall be
calculated to most closely match 5% above the Public Safety Officer's
current base pay plus stipends and shall not exceed 15%. Acting
Assignments will be paid acting pay for all hours actually worked in an
Acting Assignment. A Public Safety Officer receiving acting pay may sign up
for routine overtime offered to all Public Safety Officers but shall not be
paid acting pay for such overtime hours worked.
(e) Acting Commander Pay:
Public Safety Sergeants shall be eligible to serve as an Acting Commander. The duration of such
assignments may range from one pay period up to three months, and will be made in writing. An
Acting Commander assignment will typically be compensated by a 10% acting pay for all hours
actually worked as an Acting Commander. This Incentive Pay may be adjusted upon assignment if
necessary, to ensure against loss of income to the assigned Sergeant if other assignment-based
Commented [A8]: Amendment 7 – Side Letter Agreement
dated September 1, 2019
46
compensation is removed due to the Acting Commander assignment. The exact amount of the
Incentive Pay shall be calculated to most closely match the Sergeant's existing pay structure, and
shall not exceed a maximum of 15%. A Sergeant receiving an Acting Commander Incentive Pay
may sign up for routine overtime offered to all Sergeants but shall not be paid the Acting
Lieutenant Commander Pay for such overtime hours worked. Acting Commanders will receive
overtime as required by law for emergency holdovers, or for overtime work assigned by the
Director of Public Safety or his/her designee.
Public Safety Sergeants shall be eligible to serve as an Acting Commander. The
duration of such assignments may range from one pay period up to 960 hours per
fiscal year for a position that is vacant during recruitment for a permanent
appointment or 12 months for an acting assignment temporarily available due to
another employee's leave of absence and will be made in writing. An Acting
Commander assignment will typically be compensated by a 10% acting pay for all
hours actually worked as an Acting Commander. This Incentive Pay may be
adjusted upon assignment if necessary, to ensure against loss of income to the
assigned Sergeant if other assignment-based compensation is removed due to the
Acting Commander assignment. The exact amount of the Incentive Pay shall be
calculated to most closely match the Sergeant's existing pay structure, and shall
not exceed a maximum of 15%. A Sergeant receiving an Acting Commander
Incentive Pay may sign up for routine overtime offered to all Sergeants but shall
not be paid the Acting Commander Pay for such overtime hours worked. Acting
Commanders will receive overtime as required by law for emergency holdovers, or
for overtime work assigned by the Director of Public Safety or his/her designee.
10.5 Payday
The City shall directly deposit wages to a bank, saving or loan, or credit union
account of the employee’s choice unless the employee expressly opts out of direct
deposit by providing written notice to the Human Resources department. The City
may shall distribute paychecks/Aautomatic dDeposit nNotices to employees
electronically on each payday. For eEmployees requesting a physical paycheck, the
City will send it by mail prior to the payday may pick it up on break or lunchtime at
the City Hall front counter on payday.
10.6 Pay Change Effective Dates
Any and all pay changes provided to employees, including but not limited to step
increases, special pay provisions, promotions, classification changes, or similar pay
increases shall become effective as follows: 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
Commented [A9]: Amendment 4 – Side Letter Agreement
dated August 1, 2018
47
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.
10.7 Shift Differential
(a) Dispatchers shall receive a five percent (5%) of base salary per hour shift
differential for all hours worked between four (4) p.m. to seven (7) a.m.
(b) Communication Supervisors shall receive five percent (5%) of base salary per
hour shift differential for all hours worked during a scheduled dispatcher shift
between four (4 p.m.) and seven (7) a.m. This is not intended to provide shift
differential for portions of regular work day shifts that may extend past 4 p.m.
on an overtime basis.
(c) Public Safety Officers, Community Services Officers and Sergeants shall receive a
five percent (5%) of base salary per hour shift differential for all hours worked
between seven (7) p.m. to seven (7) a.m. This Incentive Pay shall not apply to
employees while performing working in the fire Division, except for training.
10.8 Bilingual Pay
Dispatchers, Public Safety Officers, Community Services Officers and Sergeants
verbally fluent in the Spanish language are eligible for Bilingual Pay of $175 per
month, which shall be paid out equally per pay period. The City shall establish an
evaluation process for designating and certifying employee eligibility for bilingual
pay such that officers have the skills to converse in Spanish well enough to
complete a basic investigation. Testing for employees eligible for bilingual pay
will be scheduled by the Director of Human Resources. A designated employee
may be retested at any time at the request of the Director of Human Resources
or Public Safety.
10.9 COVID-Related Impacts Recognition Payment
If a successor MOA between RPPSOA and the City is approved by the Council on or
before to July 1, 2021, then each employee shall receive a one-time, off salary
schedule, COVID-Related Impacts Recognition Payment in the amount of
$1,000.00. The COVID-Related Impacts Recognition Payment is compensation that
shall not be added to the employee’s base pay, nor used for CalPERS retirement
calculations. The payment shall be subject to required state and federal taxes.
48
11. Alcohol and Drugs
The City and RPPSOA agree to work together to assist any employee who has 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 Public Safety employees are required to drive City vehicles and respond to
emergency situations, 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.
11.1 Alcoholic Beverages or Other Drugs
Alcoholic beverages o r other drugs which affect an employee’s ability to drive or
function safely shall not be used by employees during their assigned regular
work day, or while on assigned standby duty.
11.2 Off-duty Hours
If an employee who has been drinking alcohol or using a drug which may impair
th e 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.
11.3 Prescription Drugs
Employees using prescription drugs, which affect the employee’s ability to work
safely, must inform their supervisor and may be assigned to other appropriate
duties or required to take sick leave.
11.4 Special Assignments
The above sections relating to alcohol use may be accepted for those employees
on an approved and supervised special assignment by the Department of Public
Safety. Said employee shall not drive a vehicle if employee is over the allowed
blood alcohol content.
49
12. Physical and Psychological Fitness
12.1 Physical Fitness
RPPSOA acknowledges the importance of employees maintaining proper physical
and mental condition in order to perform job duties in a manner acceptable to
the City.
Physical Fitness is a voluntary program available to safety employees and
dispatcher. Such employees who voluntarily enroll and successfully "pass" the
Physical Agility and Fitness Standards test shall receiv e tw e nty (20) hours o f
physical fitness workout c ompen satory time.
The RPPSOA and City agree that compliance with physical fitness standards are
voluntary and do not carry an intention of the City to terminate an employee
solely for failure to meet physical agility and fitness standards. Fitness for duty
provisions under the Government Code and applicable case law would be the
determining factor on handling of employees determined to be unfit for duty.
City can, at any time, at its option and cost, require a complete physical
examination, a physical agility test, or a weight examination, for any or all
employees to determine job fitness.
This Agreement hereby incorporates Letter of Agreement on Physical Fitness,
dated January 27, 1998 and modified "Exhibit C" dated March 10, 2017.
12.2 Fitness Program
The City and RPPSOA agree that the "Fitness Program" used by City shall be
that as outlined in the attached "Exhibit C."
12.3 Psychological Fitness
RPPSOA acknowledges the importance of employees maintaining proper mental
condition in order to perform job duties in a manner acceptable to the City. City
can, at any time, at its option and cost, require a psychological examination f o r
any or all employees t o determine job fitness. Fitness for duty provisions under
the Government Code and applicable case law would be the determining factor
on handling of employees determined to be unfit for duty.
50
12.4 Psychological Counseling
Any employee who feels in need of counseling shall be provided same by City
after clearance from the Department Head or Human Resources Department,
which clearance shall be kept in strictest confidence. City at its sole discretion
reserves the right to establish a maximum counseling benefit.
13. Smoking
13.1 Employees Hired After July 1, 1993
RPPSOA acknowledges that the City, beginning July 1, 1993, hired new employees
with the clearly expressed condition of employment that they refrain from
smoking. Employees hired with a condition that they not smoke shall be
required to remain non-smokers throughout their employment. A non-smoker
shall not smoke or use any tobacco product either on or off-duty while employed.
RPPSOA acknowledges the City's right to take appropriate disciplinary action
should any such employee hired after the effective date of this agreement
violate the agreed upon conditions of employment. Prior to final disciplinary
action being taken, City will refer the employee to the Employee Assistance
Program (EAP) for consultation and referral.
14. Grievance Policy and Procedure
14.1 RPPSOA and City agree to comply with the grievance procedure outlined in
Resolution N o. 2018-07979-22, adopted June 12, 2018 February 13, 1979, a
copy of which is attached hereto. Failure to meet any timeline or specifically
comply with any other requirement o f the grievance procedure constitutes a
specific waiver and is a bar to further consideration of the grievance.
14.2 The parties acknowledge the existence of "City Manager’s Administrative Policy
No. 1: Personnel Rules and Regulations" dated November 9, 2004, and
incorporated by reference in this Agreement. The parties acknowledge that
Section 8 "Disciplinary Action" provides for substantive and procedural due
process for the members of the Association. For purposes of consistency of
discipline, the Director of Public Safety should consult with the Human Resources
Department prior to the imposition of "major discipline" as defined in Section 8.
14.3 The “Employee Grievance Pro cedur eComplaint Resolution Procedure ”
(Resolution No. 201879-07922), incorporated by reference in this Agreement,
51
provides for the processing of non-disciplinary grievances. The parties are in the
process of reviewing 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 continue working to
revise the grievance procedure, and changes agreed upon will be incorporated
into this MOA.
15. Use of Sport 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. 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.
16. Management Rights
Except as limited in this Memorandum of Agreement and applicable State laws, the
exclusive rights of the City shall include, but not be limited to, the right to determine
the organization of city government and the purpose and mission of its departments
and agencies, to determine the nature, levels and mode of delivery and to set standards
of service to be offered to the public, and through its management officials to exercise
control and discretion over its organization and operations; to establish and effect
administrative regulations which are consistent with law and the specific provisions of
this Memorandum of Agreement; to direct its employees and establish employee
performance standards and to require compliance therewith; to take disciplinary action;
to discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits,
or otherwise discipline employees subject to the requirements of applicable laws; to lay
off its employees whenever their positions are abolished, or whenever necessary
because of lack of work or lack of funds, or other legitimate reasons; to determine
whether goods or services shall be made, purchased, or contracted for; to determine
the methods, means, and numbers and kinds of personnel by which the City's services are
to be provided; including the right to schedule and assign work and overtime; and to
otherwise act in the interest of efficient service to the City; and to take all necessary
actions to protect the public and carry out its mission in emergencies.
52
17. Work Curtailment (No Strike Clause)
Under no conditions or circumstances shall the Association or any of the employees it
represents 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 in any other type of job
action, curtailment of work, restriction or production or restriction of service during the
term of this agreement.
18. Personnel Rules and Regulations
The City will amend its Personnel Rules and Regulations consistently with the
requirements of Government Code Sections 3300 through 3312, the Public Safety
Officers Procedural Bill of Rights, and will apply to non-sworn members o f RPPSOA. City
agrees to meet a n d confer with RPPSOA regarding any updates or changes to its
Personnel Rules and Regulations to the extent required by the MMBA.
19. 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.
RPPSOA acknowledges that certain provisions o f this agreement may conflict with
resolutions currently in effect regarding employee working conditions or benefits. The
provisions of this agreement supersede any previous resolutions or agreements that
may be in conflict with provisions of this agreement as of the effective date of this
agreement. During the term of this MOA, any new side letter between parties is
required to be signed by an authorized representative of RPPSOA and the City Manager or
his or her designee.
20. Term of Agreement
This agreement shall become effective upon approval by the City Council, and will
terminate on June 30, 202521, unless extended by mutual agreement of the parties.
21. Succeeding Agreement
Negotiations for the period commencing July 1, 2025 1, shall begin upon receipt of notice
from either party to the principal of the other, specifically the President of RPPSOA and
the City Manager, however, absent an agreement to the contrary, in no event shall
negotiations commence later than February 1, 20251. Said submittal shall include an
estimated percentage decrease or increase in the cost of proposals compared to the
53
provisions of this Agreement. City shall, if requested, assist RPPSOA in a reasonable
manner in providing information to determine the percentage decrease increase.
22. Invalidation
22.1 Suspension of Agreement
If during the term of this agreement, any item or portion thereof of this
agreement is held to be invalid by operation of any applicable law, rule,
regulation, or order issued by governmental authority or tribunal of competent
jurisdiction, or if compliance with or enforcement of the item or portion thereof
shall be restrained by any tribunal, such provision of this agreement shall be
immediately suspended and be of no effect hereunder so long as such law, rule,
regulation, or order shall remain in effect. Such invalidation of a part or portion
of this agreement shall not invalidate any remaining portion, which shall
continue in full force and effect.
22.2 Replacement
In the event of suspension or invalidation of any article or section of this
agreement, the parties agree, that except in an emergency situation, to meet
and confer within thirty (30) days after such determination for the purpose of
arriving at a mutually satisfactory replacement for such article or section.
23. Non-Discrimination
City acknowledges that in receiving the benefits afforded by this Memorandum of
Agreement, no person shall in any way be favored or discriminated against to the
extent prohibited by law.
24. Personnel Files
Employees or their duly authorized representative have the right to inspect their
personnel file maintained by the City. Employees have the right to respond in writing to
anything contained or placed in their personnel file and any such responses shall
become part of the personnel file.
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25. 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 (30) days
after the evaluation interview.
26. No Contracting Out
The City and RPPSOA agree that no bargaining unit work will be contracted to a third-
party provider during the term of this agreement.
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CITY OF ROHNERT PARK ROHNERT PARK PUBLIC SAFETY
OFFICERS' ASSOCIATION
(RPPSOA)
___________________________ ___________________________
Darrin Jenkins, City Manager Date Rick BatesMike Werle, President
Date
By __________________________ ______________________________
Jake MackenzieGerard Giudace, Mayor Duane LabnoCasey
Quinn. Vice President Date
Resolution Number: 2017- ______
ATTEST:
____________________________
JoAnne BuerglerSylvia Lopez Cuevas, City Clerk
Approved as to form:
____________________________
Michelle Marchetta Kenyon, City Attorney
The following are incorporated in this Agreement by reference:
• City Council Resolution No. 2018-079 79-22, adopted June 12, 2018February
13, 1979 - Grievance Policy and - Employee Complaint Resolution
Procedure [Revisions under consideration by the parties.]
• City Council Resolution No. 20017-109270, adopted December 11,2001August
22, 2017- Amended Catastrophic Leave Program
• City Council Resolution No. 80-140, adopted August 11,1980 - Regular P/T
Employees' Fringe Benefits
• City's Personnel Rules & Regulations
• Exhibit C - Fitness Program – Dated March 10, 2017
• Exhibit X - Patrol 12 Hour Shift Schedule
• RPDPS SOP-18- Timekeeping for Departmentally Required Training, 4/4/13
• Extended Fire Academy Side Letter
EXHIBIT B
SJ - San Jose #4813-8020-8620 v1
CITY OF ROHNERT PARK & RPPSOA 2021 MOA NEGOTIATIONS
TENTATIVE AGREEMENT SUMMARY
JUNE 1, 2021
Proposal
No.
Topic MOA
Section
Tentative Agreement
City #1 Dues Deduction 8 Modify Section 7 entirely to ensure legal compliance.
City #2 Payday 10.5 Change the default of how employees receive wages to direct
deposit.
City #3 Catastrophic Leave 6.2 Revise language so that it cites to the current version of the
catastrophic leave policy.
City #4 Unnecessary
Citations to Statutes
7.6 and
7.8
Remove provisions that merely cites to the law – Family Medical
Leave Act, California Family Rights Act, the Americans with
Disabilities Act, and the California Fair Employment and
Housing Act.
City #5 Grievance Policy and
Procedure
14 Revise language so that it cites to the current version of the
grievance policy.
City #6 Bereavement Leave 7.14 Change language so that an employee may use any accrued
leave, rather than just “accrued sick leave.”
City #7 Prescription Drugs 11.3 Change language so that an employee may use any accrued
leave, rather than just “sick leave.”
City #8 Light or Limited Duty 7.7 Provide that the City will engage in the interactive process with
an injured employee requesting light or modified duty, unless
the City intends to grant the employee’s request and finds that
the interactive process is not needed.
City #9 Documents
Incorporated by
Reference
n/a Update the list of documents incorporated by reference to the
MOA to reflect the current versions of policies and remove
programs that no longer exists.
City #10 Bilingual Pay 10.8 Modify to reflect current practice that pay is paid out equally per
pay period.
City #12 COVID-Related
Recognition Payment
New
Section:
10.9
Provide a one-time, off salary schedule, COVID-Related
Impacts Recognition Payment in the amount of $1,000 if a
successor MOA is approved by the Council on or before July 1,
2021.
RPPSOA
#2
Health Plan
Coverage
7.10 Increase City contributions by 6% for first year and then by
3% for each subsequent year of MOA.
Increase benefit amount provided to eligible employees who
those who opt out of medical coverage to $400 per month.
Remove “Re-Opener to Address Affordable Care Act
Requirements or Changes” provision
RPPSOA
#3
Dispatcher
Certification Incentive
Pay
7.22 Provide 2.5% of base salary per month for Intermediate POST
Certification and 5% of base salary per month for Advanced
POST Certification.
RPPSOA
#8
Holiday Premium 4.2 and
4.3
Modify to ensure compliance with PERS by having holiday in
lieu pay paid out in the pay period when the holiday occurs.
Also, clarify that holiday in lieu pay is not counted towards “paid
SJ - San Jose #4813-8020-8620 v1
Proposal
No.
Topic MOA
Section
Tentative Agreement
status” or count towards OT hours, and remove the holiday pay
for detectives provision.
RPPSOA
#11
Dispatchers Breaks
and Meal Breaks
1.6 Provide dispatchers with two 15-minute breaks in which they
must remain on the work site during the breaks.
RPPSOA
#12
Paid Parental Leave New
Section:
7.5
Provide eligible employees with 120 hours of paid parental
leave to be used within 6 months for the following eligible
events: (1) birth of a child of the employee, the employee’s
spouse, or the employee’s domestic partner; and (2) placement
of a child with the employee’s family for adoption or foster care.
RPPSOA
#13
Salary Adjustments 10.1 and
10.2
Increase base salary for each member by 5% effective the
first pay period following the date of Council approval of the
MOA.
2.5% base pay increase effective July 1, 2022.
2.5% base salary increase effective July 1, 2023.
3% base salary increase effective July 1, 2024.
EXHIBIT C