2021/06/08 City Council Resolution 2021-070 RESOLUTION NO. 2021-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING A MEMORANDUM OF AGREEMENT WITH THE
ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION (RPPSOA)FOR THE
PERIOD OF JUNE 8,2021 THROUGH JUNE 30, 2025
WHEREAS, on June 8, 2021, the City Council approved a Tentative Agreement on a
Four Year Proposal with the Rohnert Park Public Safety Officers' Association which had been
ratified by the membership of RPPSOA; and
WHEREAS, in accordance with the terms and conditions of the Tentative Agreement,
staff prepared a final Memorandum of Agreement with the RPPSOA that requires no further
approval by RPPSOA membership.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve and adopt the Memorandum of Agreement for RPPSOA for the
Period of June 8, 2021 through June 30, 2025, 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 OH RT PARK
rd C
jiudioe', Mayor
ATTEST:
Sylvia Lop Cuevas, City Clerk
Attachment: Exhibit A
ADAMS: LINARE TAFFORD: ELWARD: GIUDICE
AYES: 5 OES: ( r� ABSEN ( �J'7) ABSTAIN ( ) ITTTT�
MEMORANDUM OF AGREEMENT
Between
THE CITY OF ROHNERT PARK
and the
ROHNERT PARK PUBLIC SAFETY OFFICER’S ASSOCIATION
(RPPSOA)
Effective June 8, 2021 through June 30, 2025
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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 .............................................................................................................................. 8
4. Holidays ................................................................................................................................................... 9
4.1 Observed Holidays .......................................................................................................................... 9
4.2 Holiday Pay ...................................................................................................................................... 9
4.3 Holiday Pay Rate ........................................................................................................................... 10
5. Annual Leave Program ......................................................................................................................... 10
6. Military Leave ....................................................................................................................................... 11
7. Other Fringe Benefits ........................................................................................................................... 11
7.1 Fringe Benefit Administration ..................................................................................................... 11
7.2 Regular Part-Time Employees Fringe Benefits ............................................................................ 11
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7.3 Industrial Injury or Illness ............................................................................................................ 12
7.4 Catastrophic Leave ....................................................................................................................... 12
7.5 Paid Parental Leave ....................................................................................................................... 12
7.6 Light or Limited Duty .................................................................................................................... 14
7.7 Payment to Beneficiary ................................................................................................................ 14
7.8 Health Plan Coverage ................................................................................................................... 14
7.9 Dental Coverage ............................................................................................................................ 16
7.10 Vision Coverage ............................................................................................................................. 17
7.11 Adoption Benefit ........................................................................................................................... 18
7.12 Bereavement Leave ...................................................................................................................... 18
7.13 Funeral Expense Benefit ............................................................................................................... 18
7.14 Long-Term Disability Insurance .................................................................................................... 18
7.15 Life Insurance ................................................................................................................................ 19
7.16 Deferred Income ........................................................................................................................... 19
7.17 Retired, Deceased and/or Permanently and Totally Disabled Employees ................................ 19
1. Definition of Terms ....................................................................................................................... 20
2. Retirement Health Benefits For Employees Hired Prior to July 1, 2007 ...................................... 20
3. Retirement Health Benefits for Employees Hired On or After July 1, 2007 ................................. 22
7.18 Clothing Allowance .................................................................................................................... 22
7.19 Education and Training .............................................................................................................. 23
7.20 Longevity and Incentive Pay (P.O.S.T., Detectives, Motor Officers) ..................................... 23
7.21 Retirement Program ..................................................................................................................... 25
7.22 Dependent Care Assistance Program .......................................................................................... 28
7.23 Health Care Tax-Free Dollar Account Program ........................................................................... 28
7.24 Off-Duty Employment .................................................................................................................. 28
7.25 Reinstatement/Specialty Position ............................................................................................... 28
8. Organization Security ........................................................................................................................... 29
8.1 Bargaining Unit Recognition ......................................................................................................... 29
8.2 Payroll Deductions ........................................................................................................................ 29
8.7 Bargaining Unit Work ................................................................................................................... 31
9. Safety Equipment .................................................................................................................................. 32
9.1 Replacement Equipment .............................................................................................................. 32
9.2 Personal Equipment ...................................................................................................................... 32
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9.3 UV Eye Protection (Sunglasses) ................................................................................................... 32
10. Salaries & Miscellaneous Pay ............................................................................................................... 32
10.1 Revised Classification Plan and Salary Structure ......................................................................... 33
10.2 Salary Adjustments ....................................................................................................................... 35
10.3 Monthly Salary Schedule .............................................................................................................. 35
10.4 Incentive Pay or Acting Pay ........................................................................................................... 35
10.5 Payday ........................................................................................................................................... 38
10.6 Pay Change Effective Dates .......................................................................................................... 39
10.7 Shift Differential ............................................................................................................................ 39
10.8 Bilingual Pay .................................................................................................................................. 39
10.9 COVID-Related Impacts Recognition Payment ............................................................................ 40
11. Alcohol and Drugs ................................................................................................................................. 40
11.1 Alcoholic Beverages or Other Drugs ............................................................................................ 40
11.2 Off-duty Hours .............................................................................................................................. 40
11.3 Prescription Drugs ........................................................................................................................ 40
11.4 Special Assignments...................................................................................................................... 41
12. Physical and Psychological Fitness ....................................................................................................... 41
12.1 Physical Fitness ............................................................................................................................. 41
12.2 Fitness Program ............................................................................................................................ 41
12.3 Psychological Fitness ..................................................................................................................... 41
12.4 Psychological Counseling .............................................................................................................. 42
13. Smoking ................................................................................................................................................. 42
13.1 Employees Hired After July 1, 1993 ............................................................................................. 42
14. Grievance Policy and Procedure .......................................................................................................... 42
15. Use of Sport Center and Lap Swimming Program ............................................................................... 43
16. Management Rights .............................................................................................................................. 43
17. Work Curtailment (No Strike Clause)................................................................................................... 44
18. Personnel Rules and Regulations ......................................................................................................... 44
19. Complete Understanding ..................................................................................................................... 44
20. Term of Agreement .............................................................................................................................. 44
21. Succeeding Agreement ......................................................................................................................... 44
22. Invalidation ........................................................................................................................................... 45
22.1 Suspension of Agreement ............................................................................................................. 45
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22.2 Replacement ................................................................................................................................. 45
23. Non-Discrimination ............................................................................................................................... 45
24. Personnel Files ...................................................................................................................................... 45
25. Employee Performance Evaluations .................................................................................................... 45
26. No Contracting Out ............................................................................................................................... 46
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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 Safety 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 of 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
main 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 le ave
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
during 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 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.
(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
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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 pay ments sh all be calculated at
the end of each work period, and 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.
(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.
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(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 embers 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).
(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.
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(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,
Co mpensatory 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.
(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
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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 compensatory 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 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
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.
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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 voice mail at 1700 hours the
previous business day to the court appearance to 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 Dep artment 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 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.
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4. Holidays
4.1 Observed Holidays
Employees will receive the 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.
4.2 Holiday Pay
As represented Employees are 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. Regular part-time employees will be paid holiday pay based on
their designated pro-rata weekly work schedule.
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4.3 Holiday Pay Rate
All compensation paid to sworn employees 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 to 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 fed eral law. The employee must notify his/her sup erv isor 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 benefits sh all be as provided in 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. 2017-
109, adopted August 22, 2017 –Amended Catastrophic Leave Program.
7.5 Paid Parental Leave
(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 least
thirty (30) calendar days in advance, a written request must be submitted to
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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 Light or Limited Duty
Employees injured or ill from either on-the-job (industrial) or off-the-job (non-
industrial) causes may 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.
7.7 Payment to Beneficiary
Upon death of an employee, any unused annual leave and compensatory time shall
be paid to the employee's surviving spouse or beneficiary. In the absence of a
spouse or beneficiary, any unused 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.
7.8 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
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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 leve l:
Enrollment Level 2021-2022
(Effective July 1,
2021 or the date of
Council approval of
h MOA
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.
(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 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 a group health 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.
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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.
(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.
7.9 Dental Coverage
The City shall offer employees and their eligible dependents a dental insurance
program under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases during
the term of this 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
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up to the maximum of $2,000 for each eligible person (e.g., employee,
spouse/domestic partner, dependents) per year for the following benefits:
(i) One hundred percent (100%) of the cost of diagnostic and
preventative care.
(ii) Eighty-five percent (85%) of the cost of basic dental services.
(iii) 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.
7.10 Vision Coverage
The City shall offer employees and their eligible dependents, a vision insurance
program under the terms as set forth below:
(a) The City shall pay the applicable monthly premiums and any increases
during the term of this 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.
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7.11 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.
7.12 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 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.
7.13 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.
7.14 Long-Term Disability Insurance
(a) Employees represented by 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.
7.15 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.
7.16 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.
7.17 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.
7.18 Clothing Allowance
(a) That the City will provide, to newly employed sworn personnel, an initial set of
uni forms (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)
to those employees required to wear them. The value of the uniforms provided to
newly employed sworn personnel does not exceed $900. The City will provide the
uniform maintenance allowance specified in (b) below, and will not otherwise
23
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.
7.19 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.
7.20 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%
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(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 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 percent (4.5%)
of base salary per month. The amount of the Advanced P.O.S.T. Certification
Incentive Pay will be seven 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 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.
(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.
25
(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.
7.21 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 July 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.
(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 Beginning July 1,
2019, and Continuing Thereafter
26
Effective the first day of the pay period that includes July 1, 2019, and
continuing thereafter, 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, 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.
ii. 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
27
approved, the agreed upon cost sharing shall be implemented 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
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.
(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 benefit
28
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.
7.22 Dependent Care Assistance Program
City will continue to provide the Dependent Care Assistance Program (DCAP) as
authorized by the Internal Revenue Service for the set-aside of employee pre-tax
dollars for childcare as approved by the Internal Revenue Service (IRS) and the
California Franchise Tax Board.
7.23 Health Care Tax-Free Dollar Account Program
City will continue to provide the Health Care Tax-Free Dollar Account Program as
authorized by the Internal Revenue Service for the set-aside of employee pre-
tax dollars for the cost of monthly health care premiums as well as eligible
unreimbursed medical expenses, as approved by the Internal Revenue Service
(IRS) and the California Franchise Tax Board.
7.24 Off-Duty Employment
Members of the Unit will continue to be eligible for employment by 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.
7.25 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
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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. Organization Security
8.1 Bargaining 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.
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
“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.
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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 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
reasonably requested for the defense of the claim; and (iii) the RPPSOA has the
right to control the defense or settlement of the claim. This duty to indemnify,
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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 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.
8.7 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
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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.
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 UV 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
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10.1 Revised Classification Plan and Salary Structure
(a) General Provisions
The City and Association have met and reached agreement regarding the
appropriate classification and step placement for all employees currently in the
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 PSO I Fied
Training Program, successful 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.
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(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:
(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 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
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
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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 2021-2022
Pay Schedule.
10.2 Salary Adjustments
(a) 2022-2023 Increase: Effective the first day of the pay period that includes July 1,
2022, the 2021-2022 Pay Schedule shall be increased by two and one-half
percent (2.5%). This revised schedule shall be known as the 2022-2023 Pay
Schedule.
(b) 2023-2024 Increase: Effective the first day of the pay period that includes July 1,
2023, the 2022-2023 Pay Schedule shall be increased by two and one-half
percent (2.5%). This revised schedule shall be known as the 2023-2024 Pay
Schedule.
(c) 2024-2025 Increase: Effective the first day of the pay period that includes July 1,
2024, the 2023-2024 Pay Schedule shall be increased by three percent (3%). This
revised schedule shall be known as the 2024-2025 Pay Schedule.
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 and regularly a ssigned by the Director of Public
Safety, as a Field Training Officer, shall receive a five percent (5%) of base salary
monthly Incentive Pay.
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(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 two (2) 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
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
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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 Assignments
1. Acting Supervisor/Watch Commander:
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:
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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 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 shall
distribute automatic deposit notices to employees electronically on each payday.
For employees requesting a physical paycheck, the City will send it by mail prior to
the payday.
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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 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.
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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.
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 or 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 the
employee’s ability to drive or function safely receives a call to return to work during
off-duty hours, the employee must decline the request to work.
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 leave.
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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.
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 receive twe nty (20) hours of physical fitness
workout c ompensat ory 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
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can, at any time, at its option and cost, require a psychological examination f or
any or all employees to 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.
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. 2018-079, adopted June 12, 2018, a copy of which is attached
hereto. Failure to meet any timeline or specifically comply with any other
requirement of the grievance procedure constitutes a specific waiver and is a bar
to further consideration of the grievance.
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
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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 Complaint Resolution Procedure” (Resolution No. 2018-079),
incorporated by reference in this Agreement, provides for the processing of non-
disciplinary grievances.
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.
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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 of RPPSOA. City
agrees to meet and 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 of this agreement may conflict with resolutions
currently in effect regarding employee working conditions or benefits. The provisions of
this agreement supersede any previous resolutions or agreements that may be in conflict
with provisions of this agreement as of the effective date of this agreement. During the
term of this 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, 2025, unless extended by mutual agreement of the parties.
21. Succeeding Agreement
Negotiations for the period commencing July 1, 2025, 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, 2025. Said submittal shall include an
estimated percentage decrease or increase in the cost of proposals compared to the
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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.
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.
46
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.
47
CITY OF ROHNERT PARK ROHNERT PARK PUBLIC SAFETY
OFFICERS' ASSOCIATION
(RPPSOA)
___________________________ ___________________________
Darrin Jenkins, City Manager Date Mike Werle, President Date
By __________________________ ______________________________
Gerard Giudace, Mayor Date Casey Quinn. Vice President Date
Resolution Number:
ATTEST:
____________________________
Sylvia 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, adopted June 12, 2018 - Employee
Complaint Resolution Procedure
• City Council Resolution No. 2017-109, adopted August 22, 2017- Amended
Catastrophic Leave Program
• 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
RESOLUTION NO. 2017-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE,
ACTIVE EMPLOYEES
WHEREAS, the City has established a system and pool whereby employees of
the City of Rohnert Park may donate and use annual leave and compensatory hours to
alleviate financial hardship in catastrophic circumstances; and
WHEREAS, the City wishes to expand employee eligibility for the program by
reducing the threshold for eligibility to one thousand forty hours (1040) or six months of
employment; and
WHEREAS, the City agreed in the meet and confer process with employee
groups to amend the threshold for eligibility to the Catastrophic Leave Program.
NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of
Rohnert Park hereby adopts and approves "Exhibit A" hereby attached as its Amended
Catastrophic Leave Program for eligible active employees.
BE IT FURTHER RESOLVED that the City hereby establishes this Amended
Catastrophic Leave Program and that the City Manager is authorized to administer said
program.
DULY AND REGULARLY ADOPTED this 22nd day of August, 2017.
CITY OF ROHNERT PARK
kenzie, Mayor
ATTEST:
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AHANOTU: ( r BELFORTE: P CA L LINAN:
14
7
10
STAFFORD: /4 7
l
MACKENZIE:
AYES: ( s ) NOES: ( a) ABSENT: ( p ABSTAIN: ( 0 )
EXHIBIT "A"
AMENDED CATASTROPHIC LEAVE PROGRAM
Purpose
The purpose of the Catastrophic Leave Program is to establish a system and pool
whereby employees of the City of Rohnert Park may donate annual leave and
compensatory hours to a pool for an employee in need who meets the criteria to obtain
Catastrophic Leave to alleviate financial hardship.
Catastrophic Leave Pool
All regular full-time and part-time employees of the City of Rohnert Park may donate up
to forty (40) hours of his/her annual leave time per calendar year into the Catastrophic
Leave Pool. The donating employee must have an annual leave balance of at least
forty (40) hours after the donation of annual leave time.
All regular, full-time and part-time employees of the City of Rohnert Park may donate up
to forty (40) hours of his/her compensatory time per calendar year into the Catastrophic
Leave Pool. The donating employee is not required to have a compensatory time
balance after the donation of the compensatory time.
All time donated will be credited on an hour -for -hour basis regardless of hourly pay
differential. The Human Resources Department will account for the donation and
disburse catastrophic leave hours.
Catastrophic Leave
Catastrophic Leave is hours of time which have been donated into a pool and may be
used by an employee in need and who meets the criteria of this program.
Catastrophic leave may be used for an absence due to a verifiable long-term illness or
injury such as, but not limited to, cancer and heart conditions which clearly incapacitate
the employee; for a serious illness or injury to a spouse, child, parent or other
dependent who is in need of the employee's care.
Eligibility
To be eligible to apply for hours of catastrophic leave, an employee must be a regular,
full-time or part-time employee who has completed 1040 hours or six months of
employment with the City, and has exhausted all other benefits available for which they
are entitled.
Catastrophic Leave shall not be used in conjunction with any other long-term or short-
term disability programs, Social Security or Workers' Compensation Benefits.
Catastrophic Leave may not be used to extend a date of retirement. Should this
program conflict with any other provision of law, applicable Government Codes or
AMENDED CATASTROPHIC LEAVE PROGRAM
PAGE 2OF2
CalPERS regulations, the City will comply with those provisions and not the Amended
Catastrophic Leave Program.
The City reserves the right to require the employee to provide medical or other
verification that they have met the criteria established in this policy. While an employee
is utilizing Catastrophic Leave, they do not accrue any annual leave benefits.
Leave Requests
Any employee who meets the above criteria may submit a request for Catastrophic
Leave through his/her Department Head to the City Manager. The City Manager will
determine eligibility and approve/deny leave requests as outlined in this policy.
Determinations made by the City Manager may be appealed to the Leave Appeal
Committee within ten (10) calendar days of the City Manager's decision. A majority
decision of the Leave Appeal Committee is final and binding.
The Leave Appeal Committee shall consist of one representative from each of the
following bargaining units: Rohnert Park Employees' Association (RPEA), Rohnert Park
Public Safety Officers' Association (RPPSOA), and the Service Employees'
International Union (SEIU).
Leave requests may be approved for up to 480 hours per employee, per catastrophic
need event.
APPROVED BY RESOLUTION NO. 97-165
AMENDED BY RESOLUTION NO. 01-270, DATED 12/11/01
AMENDED BY RESOLUTION NO. 2017-190, DATED 8/22/2017
CITY OF ROHNERT PARK
Personnel Rules and Regulations
CITY MANAGER'S
ADMINISTRATIVE POLICY NO~ 1:
PERSONNEL RULES AND REGULATIONS
CITY OF ROHNERT PARK
Personnel Rules and Regulations
NOVEMBER 9, 2004
Page 1 of39
CITY OF ROHNERT PARK
Personnel Rules and Regulations
TABLE OF CONTENTS
SECTION 1 -INTRODUCTION ................................................................................................. PAGES 3 ~ 5
SECTION 2-PAY PLANS AND COMPENSATION ................................................................. PAGES 5-8
SECTION 3-BENEFITS ............................................•.............................................................. PAGES 8-20
SECTION 4-IN-HOUSE RECRUITMENT ................................................................................ PAGES 20 -21
SECTION 5 -RECRUITMENT PROCESS .................•..................................•...•....................... PAGES 21 -27
SECTION 6-SEPARATION AND REINSTATEMENT ....•...............................•..•..................... PAGES 27 -29
SECTION 7 -INCOMPATIBLE ACTIVITY/CONFLICTS OF INTEREST. ................................ PAGES 29-30
SECTION 8-DISCIPLINARY ACTION ........................................... : ......................................... PAGES 30-36
GLOSSARY -DEFINITION OF TERMS .................................................................................... PAGES 36-39
RESOLUTIONS EFFECTING PERSONNEL POLICIES
RESO 79-22
RESO 92-78
RESO 92-79
RESO 93-38
RESO 99-01
RESO 91-192
RESO 87-117
RESO 00-10
RESO 03-71
RESO 03-235
CITY OF ROHNERT PARK
Personnel Rules and Regulations
-EMPLOYEE GRIEVANCE PROCEDURE
-EQUAL OPPORTUNITY EMPLOYER
-POLICY AGAINST DISCRIMINATION BASED ON DISABILITY -ADA
-AGAINST HARASSMENT
-ELECTRONIC MEDIA USE
-ANTI-DRUG POLICY
-DEPENDENT CARE ASSIST ANGE PROGRAM
-EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF
2004)
--PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR
ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR
TRAINING
-OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEAL TH INSURANCE
PORT ABILITY AND ACCOUNT ABILITY ACT OF 1996
Page 2 of 39
CITY OF ROHNERT PARK
Personnel Rules and Regulations
who is on a reduced work schedule or intermittent leave to temporarily transfer to an alternative
position, with the same pay and benefits,. if the alternative position better accommodates the required
work schedule than the employee's usual positi9n.
4. Notice of leave. An employee must provide at least thirty (:}O) days advance written notice of the
need for FML whenever possible. If thirty (30) days notice is not possible, the employee must give
notice as soon as possible. · If the employee fails to give thirty (30) days advance notice for
foreseeable events without any. reasonable excuse for the delay, the City reserves the right to
postpone the leave until at least thirty (30) days after the written notice was received.
5. Statement of health care provider. When the leave is for a serious health condition, a heqlth care
provider must provide written certification to support the request for leave. The statement for an
employee's serious health condition shall specify the commencement date of the event which prevents
the employee from performing the functions of his/her position, the anticipated duration of the leave,
and a statement that the employee is unable to perform the essential functions of his or her position.
The statement for the employee to attend to a family member shall state the date of commencement of
the serious health condition; the probable duration of the condition; an estimate of the amount of time
that the health care provider believ~s the employee needs to take in order to care for. the family
member; and that the serious health condition warrants the participation of the employee.
If the FML request is for the employee's own serious health condition, the City may require, at its
expense, a second opinion from a health care provider designated by the City. The health care
provider designated by the City wil! not be one wno is employed on a regular basis by the City. If the
. second opinion differs from the first opinion', the City may require, .at its expense, that the employee
obtain a third opinion by a health care provider approved jointly by the City and the employee. The
third opinion shall be considered final and binding on the City and the employee.
A new statement from a health care provider may be required if the employee requests an extension
to the leave requested in the original statement.
The City does not require the certification disclose the underlying diagnosis without consent from the
employee.
6. Pay during leave.· FML is unpaid except to the extent the employee elects to substitute accrued paid
leave time. An employee may use accrued sick leave when the FML is for the employee's or the
employee's family member's serious health condition. An employee may substitute accrued vacation
leave, compensatory time off and/or paid administrative leave for any FML The substitution of paid
leave time does not extend the 12-week maximum le 9ve time.
7. Insurance benefit premiums during FML An employee is eligible for the same insurance benefits
and premium payments for each benefit during FML as if the employee were not on leave, for a
maximum of twelve (12) weeks. An employee on unpaid leave beyond the twelve (12) weeks is no
longer considered on FML and; therefore, if the employee wishes to continue health insurance
coverage he or she may do so at his or her expense, at the City's group rates. The employee must
arrange for payment of his/her premium contribution, in advance. A lapse in insurance coverage will
occur if a premium payment is more than 30 days late.
8. Other benefits during FML During any portion of FML for which an employee substitutes other paid
leave benefits, the employee will continue to accrue paid leave benefits (i.e., sick leave, vacation
leave), seniority, and other benefits to the same extent that the employee would accrue those benefits
if not on FML. Employees on FML are not eligible for holiday pay (e.g. paid for holidays worked} for
holidays that fall during FML ·
9. Reinstatement. Except as provided in Section 21.3.7, an employee who takes FML shall be eligible
for reinstatement to the employee's former position at the former rate of pay. However, if the position
CITY OF ROHNERT PARK
Personnel Rules and Regulations
Page 13 of39
CITY OF ROHNERT PARK
Personnel Rules and Regulations
A health care provider's statement must be submitted verifying the need for pregnancy disability leave
or for transfer, stating the following:
a. The date on which the employee became disabled due to pregnancy, childbirth or related medical
condition or the date on which the need for a transfer became medically advisable;
b. The probable duration of the period or periods of disability or the need for transfer; and
c. A statement that, due to the disability, the employee is uriable to perform one or more of the
essential functions of her position without undue risk to herself and, the successful completion of
her pregnancy, or that transfer is medically advisable.
A new statement may be required if the employee requests an extension of time beyond that
specified in the original statement.
Any changes in the information contained in the health care provider's statement must be
promptly reported by the employee to the Human Resources Department.
6. Use of accrued leave while on pregnancy disability leave. An employee may use any combination
of accrued paid leave during the duration of POL. The substitution of paid leave does not extend the
maximum length of a PDL.
7. Insurance benefit premiums during PDL. An employee will rece.ive the same insurance benefits
and premium payments during POL as if the employee were not on leave, for a maximum of twelve
(12) workweeks. An employee on unpaid POL beyond this period may continue health insurance or
other benefit coverage at own her expense, at the City's group rates. The employee must arrange for
payment of the premium contribution in advance. A lapse in insurance coverage will occur if a
premium payment is more than 30 days late.
8. Other benefits during PDL. During any portion of POL for which an employee substitutes other paid
leave benefits, the employee will continue to accrue paid leave benefits (i.e., sick leave, vacation
leave), seniority, and other benefits to the same extent that the employee would accrue those benefits
if not on POL. Employees on POL are not eligible for holiday pay (i.e.· pay for holidays worked) for
holidays that fall during the PDL. · ·
9. Reinstatement. An employee who takes PDL shall be eligible for reinstatement to her former position
at her former rate of pay. However, if the same position is no longer available due to business
necessity, the City may instead offer a job that is comparable in terms of pay and duties.
If an employee fails to report to work promptly at the end of PDL, the employee will be assumed to
have abandoned her employment unless additional leave has been approved.
10. Statement regarding return to work. The City requires an employee returning from POL to provide
a statement from a health care provider that certifies the employee's fitness for duty. ·
11. Other work. The City shall take appropriate -disciplinary action if it determines that an employee has
engaged in other work during a PDL that is inconsistent with the employee's use of POL.
12. Definition of health care provider. A health care provider as used herein means a person holding
either a physician's and surgeon's certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person who
meets the definition of others "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
CITY OF ROHNERT PARK
Personnel Rules and Regulations
Page 15 of 39
CITY OF ROHNERT PARK
Personnel Rules and Regulations
a. Within a classification, those employees who are probationary employees in their initial
probationary period will be laid off first, followed by employees in a . promotional or transfer
probationary period.
b. The order of layoff for regular employees within a department will be determined by considering
business necessity, each employee's job performance and competence, and seniority.
1. "Seniority" for purposes of this Section shall be determined by adding together all time spent
in City service, in whatever capacity, expressed in terms of years, months, and days. The
seniority calculation shall not include disciplinary time off without pay or time spent on unpaid
leave (unless federal or state law requires it to be included in the seniority calculation).
n. Once seniority determinations have been made, layoffs are made in reverse seniority order
(i.e. the most junior employees are laid off first).
m. Ties in seniority shall be resolved by the Personnel Officer, taking into account the past
performance, disciplinary actions (if any), supervisor recommendations, and such other facts
as will result in the City retaining the most qualified and efficient employees.
. . .
3. Notice. Employees shall be given at least ten (10) business days' written notice prior to the effective
date of the pending layoff. A copy of the notice shall be retained in the employee's personnel file.
4. Exclusions. In certain instances, there may be exceptions made in the order of layoff outlined above.
These exclusions would be made when:
a. specialty position when qualifications for the position could not be easily obtained through a short
orientation orfamiliarization period.
b. transfer in lieu of layoff. Within the affected department or departments, a regular employee who
is scheduled for layoff may be offered a voluntary reduction in classification to a lower level job
classification provided he/she meets the minimum qualifications, and/or obtain proficiency
through a short orientation period.
c. a voluntary reduction by taking early retirement and/or "golden hand shake".
5. Retreat rights/voluntary demotion in lieu of layoff.
a. An employee who would otherwise be laid off has the right to retreat to a vacant position which he
or she previously held, provided the employee meets the current minimum qualifications for the
position.
b; An employee who wo1,1ld otherwise be laid off has tlie right to retreat to another position in the
same classification series orto any position the employee has previously held and for which the
employee is qualified that is occupied by an employee of lesser seniority. The result is that the
more senior employee "bumps" the junior employee, who then is entitled to the retreat/demotion
C.
d.
rights set forth herein. ·
An employee who would otherwise be laid off may request to be temporarily demoted to any
vacant position for which the employee is qualified. ·
. . '
An employee who. wishes to exercise any of.the rights set forth in this subsection 5 must so notify
the Pe·rsonnel Officer in writing within five (5) business days of receiving the notification of
pending layoff.
CITY OF ROHNERT PARK
Personnel Rules and Regulations
Page 28 of39
CITY OF ROHNERT PARK
Personnel Rules and Regulations
2. Employee representation. Employees may represent themselves or be represented by legal counsel
or representative(s) of the employee's recognized employee organization.
3. Evidentiary hearing. An evidentiary hearing before a neutral hearing officer shall be arranged for by
the. Assistant City Manager or his/her designee and shall, absent extenuating circumstances, be held
within thirty (30) working days of the receiving the Notice of.Appeal. The hearing shall be closed and
confidential. Prior to the hearing, the Assistant City Manager or his/her designee shall supply the
hearing officer with (1) the Notice of Intent and any attachments, (2) the Skelly hearing officer's written
recommendation, and (3) the Notice-of Discipline and any attachments. Other hearing procedures are
as follows:
a. The employee's presence is required. Failur_e to appear at the appeal hearing unless physically
unable to do so shall be deemed a withdrawal of the appeal and a waiver of any further right of
administrative appeal.
b. The hearing shall be stenographically recorded.
c. Any and all witnesses other than the City's representative shall be excluded froin the proceeding
until called to testify, except as mutually agreed to by the employee and the City's representative.
d. Order of hearing shall be:
1. The City's representative, foHowed by the employee, may make preliminary opening
statements.
11. The City's representative may present oral or documentary evidence, or both, in support of
the City's position; the employee may cross-examine all witnesses called by the City.
m. The employee may present oral or documentary evidence, or both, in support of the
employee's position; the City's representative may cross-exa111ine all witnesses called by the
employee. ·
1v. The City's representative, followed by the employee, may make a closing statement.
e. The hearing shall be conducted in an efficient manner conducive to determining the issues,
however, the technical rules of evidence do not apply. Any relevant evidence may be admitted if
it is the sort of evidence on which responsible persons are accustomed to relying in the conduct
of serious affairs. Oral evidence shall be taken only upon oath or affirmation. Hearsay evidence
may be used for various purposes; however, hearsay standing alone and properly objected to
shall not be competent to prove a charge. Irrelevant and unduly repetitious evidence may be
excluded, as shall evidence that would violate other employees' rights to . privacy and
confidentiality of their personal information. The hearing officer (with adviee · of appointed
counsel, if necessary) shall rule on any objections made to the admissibility of evidence or
otherwise relating to the conduct of the hearing. ·
f. Following the conclusion of the hearing, the hearing officer shall prepare written findings and
recommendations and provide them to the City Manager: The hearing officer may recommend
changes to the proposed discipline. However, if the hearing officer finds that the underlying facts
giving rise to the charge(s) are proved by a preponderance of the evidence, the hearing officer
may not recommend a reduction in discipline if reasonable minds could differ as to the proper
level of discipline. If the hearing officer recommends a reduction in discipline, he or she must
make a specific finding that reasonable minds could not differ as to the appropriate level of
discipline and set forth the facts upon which he or she based such finding. If the hearing officer
finds that none of the charges are supported by the evidence presented, the recommendation
shall be that no disciplinary action be taken. ·
CITY OF ROHNERT PARK
Personnel Rules and Regulations
Page 34 of39
CITY OF ROHNERTPARK
Peisonnel Rules and Regulations
Techniques utilized may consist of, but not limited to any of the following: traditional paper and pencil tests,
performance tests, skills test, or oral assessment. ·
EXEMPT -An employee in a specific classification who, according to the Fair Labor Standards Act (FLSA) is
exempt from the City's overtime policies and is compensated for overtime through Administrative Leave,
accumulated per specifications outlined in the MOA's and/or Outline of Benefits for the Management and
Confidential Units.
FAMILY AND MEDICAL LEAVE POLICY -Provides for employee leave during times of illness or family
emergencies. In compliance with California Family Rights Act and Federal Family Medical Leave As.t.
FMLA -Family Medical Leave Act. federal law established in 1993 and administered by the Department of
Labor.
GRIEVANCE -A complaint by an employee relating to wages, hours, and working conditions. Disciplinary
action cannot be grieved.
LEAVE-OF-ABSENCE WITHOUT PAY-'-Time away from work, which the employee has requested, and the
City Manager or his designee has approved, for which the employee is not paid and has the right to return to the
same position held before the leave was granted.
MEMORANDUM OF AGREEMENT (MOA) -A binding agreement on wages, hours, benefits, and other
conditions of employment for designated classes between the bargaining units and the City that have been
adopted by t_he City Council.
NOLO CONTENDERE -Latin for "no contest." In a criminal proceeding, a defe9dant may enter a plea of nolo
contendere, in which he does not accept or deny responsibility for the charges but agrees to accept punishment.
NON-EXEMPT -An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA)
is to receive overtime pay at 1 Y2 times normal pay for hours worked over 8, 9, 10 in a 24 hr. period and/or c1ny
hours worked over ·40 hours in a 7 day period, as outlined in the MOA's and/or Outline of Benefits for the
Management and Confidential Units.
PDL -Pregnancy Disability Leave, California law established in 1994, and administered by the California
Department of Fair Employment and Housing.
PERSONNEL OFFICER-,-Is the City Manager, and is responsible for the administration of all Personnel Rules.
Throughout these Personnel Rules, the term "Personnel Officer" denotes the City Manager or his or her
designee.
POSITION -A specific office or employment provided by the budget, whether occupied or vacant, calling for the
performance of certain duties. Positions may be regular full-time, regular part-time, seasonal, hourly, and/or
temporary.
PROBATIONARY PERIOD -A working test period during which an employee is required to demonstrate fitness
for the position to which appointed by actual performance in the position.
PROMOTION -The movement of a qualified employee from one class to another class with a higher maximum
rate of pay and greater job responsibilities.
REINSTATEMENT -The re-employment of an employee who has regular or probationary status in a class, who
has been laid off, is returning from an approved leave requiring reinstatement, or who has resigned in good
standing and who is entitled to preference in appointment to vacancies in that class. ·
CITY OF ROHNERT PARK
Personnel Rules and Regulations
Page 38 of39
. _.
CITY OF ROHNERT PARK
Personnel Rules and Regulations
RPEA -Rohnert Park Employees' Association. The labor bargaining and representation unit for administrative,
technical ahd support employees .
. RPPSOA -Rohnert Park Public Safety Officers' Association. The labor bargaining and representation unit for
Public Safety Sergeants, Public Safety Officers, Public Safety Dispatchers, Communications Supervisor,
· Community Services Officers, Part-Time Dispatchers, and Public Safety Officer Trainees. ·
RULES -The Personnel Rules and Regulations of the City of Rohnert Park as contained in this document
·SALARY -A regular employee's base pay as approved by the City Council in the classification and salary plan
i.e. pay rates and ranges, computed on a monthly basis.
SALARY RANGES -The rate(s) assigned to a classification in the pay rates and ranges.
SEIU -Service Employees International Union Local 707. The labor bargaining and representation unit for
certain City employees in the Department of Public Works.
TEMPORARY APPOINTMENT -An appointment of limited duration in the absence of available eligible
employees or applicants.
TERMINATION -The ending of any employment relationship between an employee and the City.
TRANSFER -A change of an employee from one position to another position in the same class or another class
having essentially the maximum salary limits. and involving the performance of similar duties.
WORKDAY -Is a twenty-four (24) hour period beginning at the same time each calendar day.
WORKWEEK -Means any forty (40) hour period within seven (7) consecutive days starting with the same
. calendar day each week.
RESOLUTIONS EFFECTING PERSONNEL POLICY
RESO 79-22
RES092-78
RES092-79
RES093-38
RESO 99-01
RESO 91-192
-RESO 87-117
RES000-10
RES003-71
RESO 03-235
-EMPLOYEE GRIEVANCE PROCEDURE
EQUAL OPPORTUNITY EMPLOYER.
POLICY AGAINST DISCRIMINATION BASED ON DISABILITY -ADA
AGAINST HARASSMENT
ELECTRONIC MEDIA USE
ANTI-DRUG POLICY
DEPENDENT CARE ASSISTANCE PROGRAM
EMPLOYEE COMPUTER PURCHASE PROGRAM (PERMANENT AS OF 2004)
PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE
CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING
OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEAL TH INSURANCE
PORT ABILITY AND ACCOUNT ABILITY ACT OF 1996
CITY OFROHNERT PARK
Personnel Rules and Regulations
Page 39 of 39