1993/09/14 City Council ResolutionRESOLUTION NO. 93-108
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK APPROVING THE
OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT,
FRINGE BENEFITS, AND SALARY ADJUSTMENTS
FOR NON - REPRESENTED EMPLOYEES
RESOLVED by the Council of the City of Rohnert Park that that certain
"Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments"
dated September 14 , 1993, a copy of which is attached herto and by reference made
a part hereof, be and the same is approved and made applicable to all regular full -time
and regular part-time employees not covered by separate Memorandums of
Agreements with recognized employee organizations.
DULY AND REGULARLY ADOPTED thisl4th day of September, 1993.
CITY OF ROHNERT PARK
-' Dr Pro Tem.0ore " y
ECK AYE GALLAGHER AYE
REILLY
AYE
SPIRO AYE
HOLLINGSWORTH
ABSENT
AYES: 4
NOES:
O
ABSENT: 1
ABSTAIN:
O
1. Hours of Work
1.1 The regular work week for all employees employed as of June 30, 1986, shall be five
(5) consecutive work days, Monday through Friday.
1.2 The regular work week for employees hired after June 30, 1986 shall be five (5) work
days designated by the City at its sole discretion.
1.3 Except as provided herein, the regular work day for all employees employed as of
June 30, 1986 shall consist of eight (8) hours of work commencing at 8:00 a.m. and
ending at 5:00 p.m., unless otherwise provided for, such as shift work or other
arrangement between an employee and a Department Head.
1.4 The regular work day for employees hired after June 30, 1986 shall consist of eight
(8) hours of work with the hours to be designated by the City at its sole discretion.
2. Overtime/Compensatory Time
2.1 Overtime compensation at the rate of one and one -half times the employee's regular
hourly rate shall be paid for all hours worked;
2.1.1 In excess of forty (40) hours in any work week.
2.1.2 In excess of eight (8) hours in any one work day;
2.1.3 On any Saturday or Sunday, or Holiday as defined by this Outline.
2.2 Section 2.1 shall not apply to those positions which do not receive overtime pay,
specifically: City Manager, City Engineer /Director of Public Works, Director of Public
Safety, Director of Administrative Services /Asst. to the City Manager, Assistant to
the City Manager, Finance Director /City Treasurer, Planning Director, Public Works
Superintendent, Public Safety Fire Services Commander (Fire Commander), Public
Safety Police Services Commander (Police Commander), Director of Performing
Arts Center, Manager of Youth & Family Services, Public Safety Supervisor (Lt.),
Recreation Director, Assistant Public Works Superintendent, Senior Building
Inspector, Arts Center Business /Box Office Manager and Data Processing Manager.
These positions shall be considered exempt positions.
2.3 A maximum of thirty (30) hours of compensatory time off may be accrued by an
employee by mutual agreement of the employee and the City Manager.
2.4 Employees, other than those in exempt positions, who are called back to work after
having left the work site, shall be entitled to a minimum of two (2) hours' pay at the
following overtime rates:
2.4.1 All hours worked until midnight at time and one -half the base hourly rate.
2.4.2 All hours worked after midnight at double time the base hourly rate.
PAGE 1
2.4.3 All hours worked on Easter, Thanksgiving Day, Christmas Day or New
Year's Day shall be paid at two (2) times their base hourly rate.
3. Holidays
3.1 The holidays observed by the City will be:
3.1.1 January 1st.
3.1.2 The third Monday in January, "Martin Luther King, Jr. Day"
3.1.3 Friday preceding "President's Day ", specifically: February 13, 1994,
February 17, 1995
3.1.4 The third Monday in February, "President's Day"
3.1.5 12:00 noon to 5:00 p.m., on April 1, 1994, April 14, 1995
3.1.6 The last Monday in May, "Memorial Day"
3.1.7 July 4th
3.1.8 The first Monday in September, "Labor Day"
3.1.9 September 9th, "Admission Day"
3.1.10 The second Monday in October, "Columbus Day"
3.1.11 November 11th, "Veteran's Day"
3.1.12 "Thanksgiving Day"
3.1.13 Day after "Thanksgiving"
3.1.14 December 25th
3.1.15 Every day proclaimed by the President, Governor or Mayor of the City as a
public holiday and made applicable to City employees.
3.1.16 Each day that the Governor declares a day of mourning or special
observance as a holiday for State employees if the declaration makes it
applicable to City employees.
3.2 When a holiday falls on Sunday, the following Monday shall be observed.
3.3 When a holiday falls on Saturday, the preceding Friday shall be observed.
4. Vacation
4.1 That the following vacation schedule be retained effective July 1, 1993:
PAGE 2
Years of Service
Monthly
Annual
(Inclusive)
Vacation Rate
Vacation Hours
Up to 2 years
6.667 hours
80
3 to 5 years
8.000 hours
96
6 to 10 years
10.000 hours
120
11 to 15 years
12.000 hours
144
Over 15 years
13.333 hours
160
4.2 Vacation may be accumulated to a maximum of forty (40) days (i.e. 320 hours),
provided that each employee is required to take a minimum of ten 10 days vacation
annually. Employees may make special arrangements with the Department Head
and the City Manager to reduce to five (5) days the minimum number of required
vacation days to be taken annually and /or accumulate beyond the normal maximum
of forty (40) days, if the employee has plans for an extended vacation.
4.3 Employees must work a minimum of six (6) months before any vacation earned will
be credited to said employee.
4.4 Vacation benefits shall be earned and accrued to employees who are actively
working or are taking leave due to an approved City program or benefit. Vacation
benefits do not accrue to employee on absences from work for over ninety (90)
consecutive days whereas the employees become eligible for the City's long term
disability program for either industrial or non - industrial injury or sickness.
4.5 Seasonal, seasonal part-time and temporary employees shall not accrue vacation
benefits.
4.6 Preference for vacation scheduling will be on the basis of seniority within
classification as has been past practice.
4.7 Employee vacation records, i.e. accrual and use, are maintained in the Personnel
Office and are open to employees either in person or via the telephone.
4.8 Regular part-time employees fringe benefits shall be as provided in City Council
Resolution No. 80 -140, adopted August 11, 1980, a copy of which is attached
hereto.
5. Military Training - An employee may be absent on military leave as authorized in Section
395 through 395.8 of the Military and Veterans' Code of California and City policies. The
employee shall furnish to the City Manager's Office satisfactory proof of his /her orders to
report for duty and of his /her actual service pursuant to such orders. Employees with less
than one year City service shall take such leave without compensation from the City as
provided in the Military and Veterans' Code.
6. Fringe Benefits, Other Than Vacation and Holidays
6.1 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.
PACE 3
6.1.1 The City will continue all employee benefits and pay the appropriate
premiums, as specified in the applicable section(s) of this agreement, due for
an employee out on an authorized leave while an employee is being
compensated by vacation accrued time, compensatory time, industrial sick
leave time and /or non - industrial sick leave time.
6.1.2 Employee may continue certain employee benefits during an authorized leave
without pay for the period of the authorized leave by making payment to City
for said benefits.
(6.2 N /A)
6.3 Sick Leave
6.3.1 Sick leave benefits for regular employees hired before July 1, 1993 shall be
as provided in the City's most current "Disability Wage Plan ", a copy of
which is attached hereto. Each employee covered by this Outline shall be
provided a copy of the aforementioned "Disability Wage Plan."
6.3.2 For regular employees hired after July 1, 1993, the following sick leave
program will be provided:
Sick Leave Cumulation
Each employee shall earn and may accumulate sick leave as follows:
Hours Earned Hours Earned Maximum Hours
Monthly Annually of Accumulation
g 96 1,200
6.4 Maternity Leave - Regular employees maternity leave benefits shall be as provided
in the City's most current "Disability Wage Plan," a copy of which is attached hereto.
6.5 Paternity Leave - Regular employees may use up to three (3) days accrued sick
leave for paternity leave, following the birth of a child.
6.6 Family and Medical Leave - Employees may request an unpaid leave of absence
(family and medical leave) in order to care for a newborn, adopted, or foster child, a
seriously ill child, parent, or spouse, or because of the employees own serious
illness. Requests for family and medical leave shall comply with the requirements of
the Family and Medical Leave Act of 1993 "Federal Act" and /or the California Family
Rights Act of 1991 "State Act ".
6.7 Li iht or Limited Duty - Employees injured or ill from either on- the -job (industrial) or
off -the -job (non - industrial) causes may, at the City's sole discretion, be assigned to
light, limited, or modified duty. Such assignments may be temporary or permanent.
They may involve duties that differ from the normal work duties of the employee.
Such light, limited, or modified duty shall terminate when the employee is physically
able to perform all his /her normal work duties.
6.8 Americans with Disabilities Act - The City recognizes it has an obligation under
law to comply with the Americans with Disabilities Act of 1990.
6.9 Employee Death - Upon death of an employee, any unused vacation 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 Standard Life Insurance.
6.10 Medical and Health - The City will continue to offer, at no premium cost to regular
employees and dependents, medical/health program provided by the Redwood
Empire Municipal Insurance Fund (REMIF), and City agrees to absorb any increases
in premium for same during the term of this agreement.
6.10.1 Employees may choose an available Health Maintenance Organization
(HMO) offered by the City for their medical/health insurance coverage. The
City's contribution of premium for said coverage shall not exceed the
premium for the R.E.M.I.F. Plan plus fifty percent (50 %) of the difference
between the R.E.M.I.F. Plan and the Kaiser Plan or Health Plan of the
Redwoods, whichever pertains.
6.10.2 As a result of any Federal or State law enacted subsequent to the effective
date of this Outline, City shall make an effort to maintain the level of benefits
as provided for in this Outline.
6.11 Dental Program - The City shall continue to provide, at no premium cost to
employees, dental service coverage for employees and dependents on a City self -
insurance basis and which for the most part, but with some exceptions, provides the
following City coverage:
80% of Usual, Customary and Reasonable charges and /or 60% of
prosthodontics with a calendar year maximum of $2,000.
60% of Orthodontics with a lifetime maximum of $3,000.
TMJ (Temporomadibular Joint) benefit with the following terms and limits:
a) Lifetime maximum TMJ benefit $650.00
b) 50% employee co- payment required
c) Medical benefits would be primary
d) TMJ benefits included in the $2,000 per calendar year dental maximum
e) Mandatory pre - authorization required
No deductible on employee or dependents.
6.12 Vision Care - That the City continue to provide, at no premium cost to employees,
the vision care service coverage program which provides a vision care benefit of up
to $350 per calendar year for each employee and dependent under 18 years of age
and up to $350 every two (2) calendar years for dependents 18 years or older to
cover actual out -of- pocket costs incurred for eye examinations, treatment, or
prescription eye - glasses or contact lenses for any member of employee's immediate
family.
6.13 Adoption - That the City provide a $600 per child cash benefit to employees
adopting minor children to help offset the cost of adoptions. This cash benefit does
not include the cost of adopting step - children, i.e. children of present spouse.
I'
6.14 Death /Bereavement Leave
6.14.1 A regular employee shall be paid up to three (3) days of bereavement leave
when there is a death in their immediate family.
6.14.2 Additionally, a regular employee may, subject to approval of the department
head, use two (2) additional days of the employees accrued sick leave if the
employee must travel out of the area, i.e. at least 250 miles one way.
6.14.3 Immediate family in this case means: spouse, father, father -in -law, mother,
mother -in -law, brother, sister, child (including step - children), step - parents,
grandparents, grandchildren and relationships in loco- parentis.
6.14.4 it is understood that the City's most current "Disability Wage Plan," a copy of
which is attached hereto, shall be amended to reflect the changes as
outlined in this Outline.
6.15 Funeral Benefit - City will provide fifty percent (50 %) co- payment, not to exceed
2,000, for funeral expenses for an employee or their spouse only. This funeral
benefit will benefits thatdmay be payable to employee oo spouses with any and all
other funeral
6.16 Long -Term Disability Insurance - The City shall continue to provide, at no
premium cost to employees, the long -term disability income protection insurance
coverage now being provided. (Presently Standard Insurance Company Group
Policy No. 324791). The basic benefit shall be 66 2/3% of the employee's monthly
base pay with
full salary. . The benefits provided under this section are employee uject to the
more than ry
characteristics of the individual program.
6.16.1 The waiting period for the above long -term disability benefits plan be
increased from the existing ninety (90) days to one hundred eighty (180)
days for the purpose of the City saving premium costs.
6.16.2 City agrees to self -fund to the same level of benefits as would have been
provided under the ninety (90) day long -term disability waiting period (i.e.
the eligibility period for employees is ninety (90) days.)
6.17 Short -Term Disability Program - The City shall continue to provide, at no premium
cost to employees, the short-term disability program in accordance with the City's
most current "Disability Wage Plan," a copy of which is attached hereto.
(6.18 N /A)
6.19 Life Insurance
6.19.1 The City will continue to provide, at no premium cost to employees, $10,000
insurance cove provided to employees $10 for
and which coverage includes accidental death dismemberment-
benefits.
6.19.2 The City will allow, subject to the insurance carrier's approval, any
employee to purchase, at their own cost, additional life insurance coverage
under the City's group program.
PAGE 6
6.20 Deferred Income - The City will continue to make available to the employees a
deferred income program, now being administered by Great Western Savings and
Loan Association and ICMA or a similar program with another institution acceptable
to City.
6.21 Retired, Deceased and /or Permanently and Totally Disabled Employees - City
agrees to provide /offer and pay the appropriate premium(s), as specified in the
applicable section(s) of this agreement, for City offered /provided medical insurance,
dental program, and vision care benefits only to the following:
6.21.1 To regular full -time and regular part-time employees who have at least ten
(10) years of continuous service with the City and who retire upon reaching
retirement age or thereafter and are receiving a retirement allowance from
the Public Employees' Retirement System. Coverage will extend to eligible
dependents. Said employees shall be referred to as "Retired Employees."
6.21.2 To regular full -time or regular part-time employees who have at least ten
(10) years of continuous service with the City and who retire due to
permanent or total disability. Total disability will be construed as having a
disability rating in excess of fifty percent (50 %). Coverage will extend to
eligible dependents. Said employees shall be referred to as "Retired
Employees."
6.21.3 To the surviving spouse and legal dependents of a regular full -time or
regular part-time employee who died while a City employee after ten (10) or
more years of continuous service with the City. Said employee shall be
referred to as a "Deceased Employee."
6.21.4 Benefits provided under this section shall be coordinated with Medi -Care,
Medi -Cal, and any other welfare program available of which said benefit
coverage shall be considered primary and City provided coverage in turn
considered secondary.
6.21.5 All benefits provided under this section are subject to the characteristics of
each individual benefit program.
6.21.6 The benefits provided under this section will continue for such retired
employees and their legal dependents, if any, while said retired employee is
alive. In the event of the retired employee's death, coverage will continue
for the spouse until the spouse dies or remarries. In addition, the benefits
provided under this section will continue for said retired or deceased
employee's legal dependent children who qualify as an Internal Revenue
Service dependent until said children reach the age of twenty -three (23) or
the spouse remarries, whichever occurs earliest.
6.21.7 For regular City employees hired before July 1, 1993, City agrees to pay the
entire appropriate premium cost(s) for City provided /offered medical
insurance, dental program, and vision care benefits only for retired City
employees and their eligible dependents, as defined herein.
6.21.6 For regular City employees hired after July 1, 1993, City agrees to pay
towards premium cost(s) for City provided /offered medical insurance, dental
program, and vision care benefits only for retired City employees and their
eligible dependents, as defined herein , a percentage of the appropriate
premium cost(s) as follows:
Fifty percent (50 %) of applicable premium cost(s), at the time or
retirement or death as defined herein, for retirees having at least ten
(10) years continuous City service.
Sixty -five percent (65 %) of applicable premium cost(s), at the time of
retirement or death as defined herein, for retirees having at least fifteen
(15) years continuous City service.
Eighty percent (80 %) of applicable premium cost(s), at the time of
retirement or death as defined herein, for retirees having at least
twenty (20) years continuous City service.
One hundred percent (100 %) of applicable premium cost(s), at the
time of retirement or death as defined herein, for retirees having at
least twenty -five (25) years continuous City service.
(6.21.9 - 6.2 1.10 N /A)
6.21.11 Continuous City service is defined as being continuous regular full -time or
regular part -time City employment only for calculating length of continuous
service under this section. Part -time (non- benefitted) employment and
approved unpaid leaves will not be used in calculating length of continuous
service under this section. Any separation from City employment will void
any previous accrual towards length of continuous service for purposes of
this section, unless otherwise waived by the City Manager and due to
extenuating circumstances. Layoffs with subsequent restoration and
approved City paid or unpaid leaves do not constitute separation from City
service for the purpose of this section.
6.21.12 City agrees to pay premium for any future premium increases that may be
necessary to maintain benefit levels in effect as when the employee retires
due to regular retirement, retirement due to permanent or total disability, or
death, whichever is applicable.
6.21.13 The City shall extend any and all future increases in benefit coverage
provided to retired employees and their spouse /legal dependents as well as
deceased employee spouse /legal dependents. Said benefit coverage
increases shall only apply to those benefit programs to which the
aforementioned parties participated in at the time of the employee's
retirement or death. In the event the aforementioned benefit coverage
increase includes a corresponding premium increase, the increased cost for
same shall be borne entirely by the retired employee or spouse /legal
dependent.
6.21.14 Any retired employee who, after retirement from the City, becomes
employed elsewhere and is covered by medical, health, dental or vision
care benefits by his /her new employer, said coverage provided by the City
to the retired employee will be considered secondary to the coverage
provided by his /her new employer, his/her new employer's coverage shall
be considered primary.
6.21.15 Any spouse of a deceased employee or deceased retired employee who is
receiving benefit coverage as provided under this section, becomes
employed and is covered by medical, health, dental or vision care benefits
by his /her employer, said coverage provided by City will be considered
secondary to the coverage provided by the spouse's employer, and his/her
employer's coverage shall be considered primary.
(6.22 N /A)
6.23 Education and Training - The City will provide an education and training
assistance program to provide reimbursement to employees for tuition and book
costs only for attending and completing, with a satisfactory grade (C or better),
courses in the adult high school program, at Santa Rosa Junior College, at Sonoma
State University or any other educational institution acceptable to the City. The City
Manager will develop an administrative policy which sets forth the criteria and
maximum amounts to be reimbursed by 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
for any educational institution shall not be greater than the Sonoma State University
tuition rate at the time of enrollment.
6.24 Longevity Pay - The City shall continue to provide longevity pay to employees
based on continuous years of service (as defined in Section 6.21.11) as follows:
Completed Years Pay Percentage
of Service Increases
5 years 2%
For each completed 1/2%
year thereafter
The maximum longevity pay percentage to be paid shall be ten percent (10 %) of
base pay. The "completed years of service" will be determined on January 1st and
July 1 st only and not on an employee's employment anniversary date.
6.25 Retirement Programs
6.25.1 The City will continue to provide the Public Employees Retirement System
(P.E.R.S.) retirement program to miscellaneous member employees.
6.25.2 The City will continue to provide the "one -year highest compensation"
optional provision in its contract with P.E.R.S. per P.E.R.S. Section 20024.2.
6.25.3 The City will absorb any employer contribution rate increases for
miscellaneous members required by P.E.R.S.
6.25.4 That, during the term of this agreement, the City will continue to pay the 7%
employee's contribution to P.E.R.S. and will allow said payment to be
credited to the employee's account.
6.26 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 child care as approved by the Internal
Revenue Service (IRS) and the California Franchise Tax Board.
6.27 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 Intemal Revenue Service (IRS) and the California Franchise Tax
Board.
(7. and 3. N /A)
9. Salary Adjustments
9.1 A one and one -half percent (1 -1/2 %) salary adjustment shall be provided effective
August 1, 1994 for those employees covered by this Outline.
9.2 A two and one -half percent (2 -1/2 %) salary adjustment shall be provided effective
February 1, 1995 for those employees covered by this Outline.
9.3 Pay Checks - Pay checks shall be distributed by City to employees by noon on pay
day.
9.4 Fiscal /Budgetary Impacts - If the State of California fiscal crisis continues and
substantial funds are extracted from the City or sales tax revenues or other major
revenue sources decline to a point where the City must consider a reduction in
staffing, City may re -open this Outline to address salary issues.
10. Salary and Benefits for Key City Positions -
10.1 In August 1992, the employees holding key management positions as outlined in
Resolution 90 -212, forgave 3 -1/2% salary increase to assist the City during tight
budget times. The forgiveness was conditional on the fact that the City would, in the
future, return the percentage or a comparable benefit within a reasonable time, to
protect the parity between positions of represented and non- represented employees.
Therefore, the following provisions will apply to all key management positions:
10.1.1 A two percent (2 %) salary adjustment effective October 1, 1993. (The
following positions will not receive the 2% salary adjustment: (1) City
Manager; (2) Director of Public Works /City Engineer; (3) Director of Public
Safety)
10.1.2 Increase in the Administrative Leave Days as outlined in Resolution No. 90-
212 from four (4) days to ten (10) days. These days are not to be taken in
conjunction with vacation or sick leave. Also, any unused days on a
calendar -year basis shall not be carried over to the next calendar year or be
paid off in cash.
10.2 For employees holding key management positions as defined in Resolution 90 -212,
the salary adjustment shall be August 1, 1994 one and one -half percent (1-1/2%)
and February 1, 1995 one and one -half (1 -1 /2 %).
10.3 The benefit package as outlined in Resolution No. 90 -212 and 91 -121 shall remain
in full force and effect including the above changes in Administrative Days as
outlined in Section. 10.1.2.
PAGE 10
11. Alcohol - The City agrees to continue to work together to assist any employees who have
an alcohol or alcohol related problem. It is mutually acknowledged that continued
cooperative efforts will give employees a much better opportunity to recover from this very
serious health problem.
Since certain City employees are required to drive City vehicles, to think clearly and act
responsibly as well as use various types of equipment, and it is known that drinking
alcoholic beverages or taking certain drugs may slow a persons 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 which affect an employees ability to drive or
function safely, shall not be used by employees during their assigned regular work
day, nor while on assigned standby duty.
11.2 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 Employees using prescription drugs which affect the employees ability to work
safely must inform their supervisor and may be assigned to other appropriate
duties or required to take sick leave.
12. Physical Fitness - The City acknowledges the importance of employees maintaining
proper physical and mental condition in or to perform job duties in a manner acceptable to
the City. City can, at its option and cost, require a complete physical examination for any or
all employees at any time to determine job fitness.
12.1 To assist employee in maintaining proper fitness, proper diet and consistent weight
control, the City will pay fifty percent (50 %) of a qualified dietary and weight
reduction program approved by the City. The fifty percent (50 %) payment shall not
exceed $200 and shall be paid twenty -five percent (25 %) upon reaching goal weight
and certified by a weight loss consultant and the balance of twenty -five percent
(25 %) six (6) months after reaching goal weight if goal weight is maintained. Goal
weight is defined as the maximum weight allowed under the City's height /weight
relationship requirements or a lower amount as required by the dietary and weight
control program. Payments will be made as a reimbursement.
13. Smoking
13.1 In recognition of the nation -wide concern with smoking and the relationship it has to
heart disease. City agrees to continue to provide a $25 pay premium to employees
hired before July 1, 1993 and who refrain completely from the use of tobacco in any
form. Any employee receiving the pay premium for not smoking and who starts
smoking, shall rebate to City all paid non- smoking premium paid by the City to said
employee during the immediate twelve (12) months preceding.
13.2 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. An affidavit signed on a
periodic basis by employee shall be used to verify continued non - smoking status.
PAGE 11
133 The City intends to hire new employees with the clearly expressed condition of
employment that they refrain from smoking. The City acknowledges its right to take
appropriate disciplinary actions should any such employee hired after the effective
date of this Outline violate the agreed upon conditions of employment. Prior to final
disciplinary action being taken, City will refer the employee to the employee
assistance program for consultation and referral.
13.4 The City acknowledges that due to its commitment to hiring employees with the
clearly expressed condition of employment that they refrain from smoking, that
employees hired after July 1, 1993 shall not receive a $25 pay premium for not
smoking.
14. Residency - All employee's are encouraged to reside within the City. For the term of this
Outline, all employees residing within Rohnert Park shall receive a $50 per month
residency bonus beginning effective October 1, 1993. At the discretion of the City
Manager, said residency bonus may increase to no more than $65 per month at any time
during the term of this agreement.
15. Grievance Policy and Procedure - City will comply with the grievance procedure as
outlined in Resolution No. 79 -22, adopted February 13, 1979, a copy of which is attached
hereto. Failure to meet any time line or specifically comply with any other requirement of
the grievance procedure constitutes a specific waiver and is a bar to further consideration
of the grievance.
(16. N /A)
17. Use of City Facilities - Employees 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. Other activities requiring payment of a fee can be discussed with
the City Manager for consideration of a waiver of part or all of the fee.
16. Management Rights - Except as limited in this Outline 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 Outline; 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
PAGE 12
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.
19. Work Curtailment (No Strike Clause) - Under no circumstances shall any employee
individually or collectively cause, sanction, honor or engage in any strike, sit -down, stay -in,
sick -out, slow -down, speed -up, work to rule or any other type of job action, curtailment of
work, restriction of production or restriction of service during the term of this Outline.
20. Personnel Rules and Regulations - City acknowledges that it is currently updating its
Personnel Rules & Regulations.
(21. N /A)
22. Term of Outline
22.1 This Outline is to become effective on July 1, 1993.
22.2 This Outline will terminate on June 3Q, 1995.
(23. N /A)
24. Invalidation
24.1 If during the term of this Outline, any item or portion thereof of this Outline 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 Outline 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 Outline shall not invalidate any remaining
portion which shall continue in full force and effect.
24.2 in the event of suspension or invalidation of any article or section of this Outline, City
agrees, that except in an emergency situation, to arrive at a satisfactory
replacement for such article or section.
25. Non-Discrimination.- City acknowledges that in receiving the benefits afforded by this
Outline, no person shall in any way be favored or discriminated against to the extend
prohibited by law because of political or religious opinions or affiliations, or because of
racial or national origin, or because of age, sex or sexual preference, or physical or mental
disability.
PAGE 13
26. Personnel Files - Employees or their duly authorized representative have the right to
inspect his or her personnel file maintained on him or her by the City. Employees have the
right to respond in writing to anything contained or placed in their personnel file and any
such responses shall become part of the personnel file.
27. Employee Performance Evaluations
27.1 Employees shall be provided with a copy of his /her performance evaluation twenty -
four (24) hours prior to the evaluations interview.
27.2 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
seventy -two (72) hours after the evaluation interview.
City of Rohnert Parr
September 14, 1993
(Date)
Ratified by City Council on: September 14, 1993
(Date)
By: f
(May/,6r) Pro leVoir
Resolution Number: 93-108
Incorporated by Reference. The following are incorporated in this agreement by reference:
City Council Resolution No. 80 -140, adopted August 11, 1980
City's most current "Disability Wage Plan"
City Council Resolution No. 79 -22, adopted February 13, 1979
City's Personnel Rules & Regulations
RESOLUTION NO. 91 -121
AMENDING RESOLUTION NO. 90 -212 ALLOWING FOR SPOUSES OR
DEPENDENT CHILDREN OVER 18 YEARS OF AGE TO USE SPORTS CENTER FACILITIES
WITHOUT BEING ACCOMPANIED BY AN EMPLOYEE
WHEREAS, Resolution No. 90 -212 authorized additional benefits for certain
key city positions; and
WHEREAS, Section 1.9 outlined a benefit to key city positions for the use
of city facilities; and
WHEREAS, Section 1.9 authorizes employees in key city positions and their
spouses to participate with no fee imposed in open gym and use of the weight
room and locker room facilities at the Sports Center when such facilities are
open, and also allows participation in the lap swim programs conducted at the
City's swimming pools; and
WHEREAS, Section 1.9 did not reference the use of the facilities for
dependent children of employees in key city positions.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park
that it is the intent of the City Council to authorize the use of the Sports
Center and lap swim program by spouses of employees in key city positions as
outlined in Resolution No. 90 -212 without being accompanied by those employees
and that dependent children of those employees in key city positions who are
over the age of 18 years old or who are full time students and still are
classified as a dependent under IRS regulations shall be allowed to use said
city facilities.
BE IT FURTHER RESOLVED that, to accomplish this, Section 1.9 of Resolution
No. 90 -212 is amended to read as follows:
"Use of city facilities - Employees and their spouses or dependent children
over the age of 18 or who are a full time student and classified as a
dependent according to IRS regulations will be allowed to participate,
without being accompanied by the employees holding key city positions, in
open gym and use of weight room and locker room facilities at the Sports
Center when such facilities are open and may also participate in the lap
swim programs conducted at the City's swimming pools. Other activities in
the Sports Center requiring payment of a fee may be discussed with the City
Manager for consideration of a waiver of part or all of the fee."
DULY AND REGULARLY ADOPTED this 25th day of June, 1991.
CITY Y OF ROHNERT PARK
aoH �c
ATTEST: 4, Mayor
Deputy City
AYE HOPKINS AYE REILLY AYESPIRO AYEEOK AYE
AYES: 5 NOES: O ABSENT O ABSTAIN O
r
RESOLUTION NO. 90- 212
A RESOLUTION AUTHORIZING ADDITIONAL BENEFITS
FOR CERTAIN KEY CITY POSITIONS
WHEREAS, the City Council of the City of Rohnert Park recognizes that the
successful operation of the City organization is in large measure due to the interest
and job dedication of certain key management employees; and
WHEREAS, certain key management employees are identified as the following
positions:
Mayor, City Council Members, City Manager, Director of Administrative
Services /Asst. to the City Manager, Assistant to the City Manager, Director of
Public Works /City Engineer, Supt. of Public Works, Asst. Supt. of Public Works,
Planning Director, Senior Building Inspector, Director of Public Safety, Public
Safety Division Commanders, Recreation Director, Finance Director /Treasurer,
Public Safety Supervisors (Lieutenants), and Director of the Performing Arts
Center; and
WHEREAS, it is acknowledged that persons occupying these positions are expected
to put in whatever time is necessary to accomplish the responsibilities and duties of
their positions to meet the goals of the City administration and in many instances
this results in work weeks far in excess of the standard 40 hours per week; and
WHEREAS, it is further acknowledged and reaffirmed as City policy that persons
occupying the aforementioned positions are not paid an overtime pay premium which is
paid to all other employees who work hours over and above their normal 8 hour day or
40 hour week work schedule; and
If WHEREAS, the aforementioned positions can and are commonly referred to as the
management team" for City operations; and
WHEREAS, the Council wants to appropriately recognize and compensate the
management team for its dedication to duties and responsibilities and at the same
time to set it apart from all other employees and to encourage the continuation of
their high job interest and dedication over and above that normally demanded of other
City employees; and
WHEREAS, many other cities throughout the State of California provide extra
fringe benefits to their management personnel in recognition of the important role
that the management team plays in a City's operations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park as
follows:
1. That the following fringe benefits are hereby approved for the employees in
the certain key management positions previously identified in this resolution.
1.1 Health Insurance - Payment by City of premiums for and any deductible
or co- payment required by R.E.M.I.F., Kaiser, Health Plan of the
Redwoods or any other offered Health Maintenance Organization.
1
1.2 Physical Examinations - Any unreimbursed costs for routine physical
examinations of the employee after any payments made for same under the
City provided health insurance program which is administered by the
Redwood Empire Municipal Insurance Fund (REMIF).
1.3 Counseling Service - Payment by the City of any unreimbursed costs, up
to a maximum City reimbursement of $1,000 per family per calendar year,
for professional counseling service charges which are not paid for by
City provided or other insurance which the employee may have.
services not covered by City provided health insurance programs with a
maximum calendar year benefit of $1,000 per calendar year per family.
1.4 Life Insurance - $50,000 each employee, $5,000X Spouse, and $5,000 each
dependent.
1.5 Dental Coverage - To pay any co- payment required as a result of
services provided under City provided Dental Program.
1.5.1 With the approval of the City Manager, the calendar year
maximum benefit may be exceeded for good cause and charged
against future years according to the following schedule:
Excess Yearly
Maximum Benefit No. of
Employee's to be Charged Against Future Years
Years of Service Future Years Maximums Over Which Prorated
5 $ 1,000
5 -10 $ 2,000 2
4
11 -15 $ 4,000
16 or more
5 6,000 12 2
1.5.2 If an employee terminates for any reason, other than normal
retirement at age 50 or thereafter or for a work - related
disability retirement, and draws a PERS retirement benefit, the
amounts charged against future years must be refunded to City.
An agreement to this effect must be executed with employee as a
condition precedent to the City Manager's approval to exceed the
calendar year maximum benefit.
1.6 Administration Leave - Four (4) administrative leave days per
ye
which, if not taken in time off, shall be paid for in cash at the end
of each calendar year, i.e. Dec. 31st.
Administrative leave days are to be taken off in maximum units of one
(1) day at a time and may not be used in conjunction with vacation
leave or sick leave.
1.7 Long Term Disability - Two - thirds (2/3) of salary to a maximum salary
of $6,000 per month (equals $4,000 payment) applicable to all
employees, based on salary.
2
1.8 Court Time - Department of Public Safety employees who are classified
as management employees shall receive the equivalent of three (3) hours
pay if required to testify in court on off -duty time.
1.9 Use of City Facilities - Employees and their spouses will be allowed to
participate with no fee imposed in open gym 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. Other activities in the Sports Center requiring
payment of a fee can be discussed with the City Manager for
consideration of a waiver of part or all of the fee.
2. That a family member is as defined in the City provided health plan
administered by the Redwood Empire Municipal Insurance Fund.
3. That participation at City expense of the members of the City Council and
their spouses and /or dependents in the following employee benefit programs
on the same basis as provided to the City's key management employees is
authorized with the condition that participation by City Council Members in
the listed programs at City expense is permissive and not mandatory and is
subject to the decision of each individual City Council Member:
I. Medical & Health Program
2. Dental Program
3. Vision Care
4. Deferred income (but without any City contribution)
5. Public Employees Retirement System
6. Use of City facilities
7. Continuation of health and medical coverage, dental program, and vision
care benefits after retirement according to State law with the
exception that Council Members will be exempt from the provision that
they be receiving a retirement allowance from PERS in order to be
considered retired.
7.1 The City will cover costs of the programs for City Council
Members including their spouses and or dependents as follows:
7.1.1 One hundred percent (100 %) for City Council Members who:
(a) have at least twelve (12) years of service with the
City, either as a member of the City Council or
combined with service as a member of a City
Commission; and
(b) retire from City service or are not re- elected to
office; and
(c) are 50 years of age or older; and
(d) have been covered by the City's health insurance
programs for the three (3) years immediately
preceding their retirement, or departure from
city service.
3
7.1.2 Fifty percent (50X) for City Council Members who:
(a) have less than twelve (12) years but at least eight
(8) years of combined service with the City, either
as a member of the City Council or combined with
service as a member of a City Commission; and
(b) retire from City service and /or are not re- elected
to office; and
(c) have been covered by the City's health insurance
program for the three (3) years immediately
preceding their retirement or departure from City
service.
7.2 For purposes of this section a Council Member's term of office
which exceeds three (3) years and 300 days in length of continuous
service shall be considered as a full four (4) years in length.
7.3 The option to continue in the programs must be exercised by the
Council Member before leaving office.
4. That the benefits provided in this resolution, insofar as they may be
made applicable, shall be made available to PERS retirees from said positions
who retire after July 1, 1990.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to be
responsible for the appropriate administration of this resolution and to provide the
City Council periodic reports of costs incurred by the City for the benefits provided
hereunder.
BE IT FURTHER RESOLVED that this resolution supersedes and rescinds Resolutions
Nos. 87 -38, 87 -47, and 89 -118.
DULY AND REGULARLY ADOPTED this 11th day of September, 1990.
RESOLUTION NC. oC J
RESOLUTION OF THE COUNCIL OF THE CITY OF
ROHN£RT PARK OUTLINING POLICY FOR PROVISION OF FRINGE
BENEFITS TO PERIANE14T PART -TIME EMPLOYEES
W EREAS, the Council finds and determines that it is appropriate to extend
zn fringe benefits to permanent part -time employees who are employed on a
and basis, and
pHEREAS, the Council differentiates between permanent part -time employees
ork year round and seasonal part -time employees who are employed for six
months or less, and
WHEREAS, the Council recognizes the city's obligation as a responsible employer
provide the fringe benefits on a pro-rata basis to permanent part -time employees
work year round.
L '-
t ;•r NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park
ft effective immediately the City Manager be and is hereby authorized to extend
permanent part -time employees who work year round certain fringe benefits subject
he following:
1. Enrollment in the Public Employees' Retirement System (P.E.R.S.)
2. Vacation on a pro-rata basis.
3. Sick leave on a. pro-rata basis.
4. Holiday pay on a pro -rata basis.
5. Vision care on a pro-rata basis.
6. Residency bonus on a pro -rata basis.
7. Non - smoking premiums on a pro-rata basis.
8. Salary continuation- Standard Life Insurance Company -cn a pro-rata basis.
9. Life insurance- Standard Life Insurance Company -on a pro -rata basis.
10. Health and medical coverage and life insurance - REMIF -on a pro-rata basis.
11. Dental care benefits on a pro-rata basis.
12. Pro-rata basis will be determinex by the amount of time that the employee
regularly works. Pro-ration shall be done on a one -half or three - fourths
basis only with permanent part -time employees having to put in at least
_ 20 hours weekly minimum on a regular basis to get the half -time contribution
towards fringe benefits and employee having to put in at least 30 hours
weekly on a regular basis to qualify for the three - fourths city contribution
towards fringe benefits.
Permanent part -time employees working regularly less than one -half time,
that is less than 20 hours per week, shall not be entitled to fringe
benefits.
13. For items 8 through 11 above, pro-rata basis means the city will contribute
towards the premium cost for these fringe benefits on a ratio basis
determined by the amount of time the employee regularly works as set
forth above. For example. for a one -half time emplovee (20 hours a
week) the city will contribute 50% of the premium payment for fringe
benefits items 8 through 11.
Employee enrollment in any or all of said health fringe benefits (items
8 through 11) will be at the employee's option. At the employee's discretion
the city's aggregate dollar contribution for said fringe benefits may
be applied towards the cost of any of the fringe benefits rather than
all of them. For example, an employee can opt to forego the dental,
life and salazy continuation coverage fringe benefits and have the city's
contribution applied toward the health and medical coverage, thus reducing
I the part -time employee's required dollar contribution to same. Any
- excess unused city's dollar contribution will remain the city's. Employee
health and medical and dental coverage premiums will be calculated based
on the number of employee's dep,901nts covered.
BE IT FURTHER RESOLVED that the CoA & ,"#ffirms the city policy of not
extending fringe benefits to seasons .6W,1�.'U L- employees who are employed
for six (6) months or -Less. t
DULY AND REGULARLY ADOPTED thi }11th day(of -A_ t, 1980.
NOES: (0) None
ABSENT: (2� '1 iL Hopkins„�t:ewart'" Mayor o-Tempore
A JI: c"LiY� .v4�Dut'y itv clatk�
CITY OF ROHNERT PARK
EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION
TABLE OF CC,'= 15 PAGE
ARTICLE I
GENERAL PROVISIONS
1
Sec.
1
Statement of Purpose
1
a.-c.
Purposes of the Resolution
1
Sec.
2
Definitions
1
a.
Appro is et Unit
1
b.
City
1
c.
Employee
1
d.
Grievance
1
e.
Grievant
1
f.
Immediate Supervisor
1
g.
Intermediate Supervisor
1
h.
Recognized Employee Organization
1
i.
Working Days
1
Sec.
3
Scope
1
a.-e.
E .Tts of the Resolution
1
ARTICLE II
INFORMAL GRIEVANCE PROCEDURE
2
Sec.
4
General
2
a. -b.
Use of Informal Procedure
2
Sec.
5
Step One - Immediate Supervisor
2
a. -b.
'Obtaining a Decision and Appeal
2
ARTICLE III
FORMAL GRIEVANCE PROCEDURE
3
Sec.
6
General
3
a. -b.
Use of Formal. Procedure
3
Sec.
7
.step Tk, o - Intermediate Supervisor
3
a. -b.
Appealing the Immediate Supervisor`s Decision
3
Sec.
8
Step Three - Department Head
3
a. -b.
Appealing the Intermediate Supervisor's Decision
3
Sec.
9
Step Four - City Manama
3
a. -b.
Appealing the Department Head's Decision
3
Sec.
10
Step Five - Grievance Appeals Committee
4
a.-d.
Appealing the City Manager`s Decision
4
ARTICLE IV
RULES
OF PROCEDURE
4
Sec.
11
_
Ccobining Grievances
4
Sec.
12
i�)a1ving bevels of Review
5
Sec.
13
Time Limitations
5
a. -b.
Extending Time Limitations and Failure to
5
meet Limitations
Sec.
14
Time Off
5
a. -b.
Time Off for Employee Participation
5
Sec.
15
:Privacy
5
ARTICLE
V
GRIEVANCE APPEALS COMMITTEE
5
Sec.
16
Composition and Selection
5
a.-c.
Membership and Their Selection
5
Sec.
17
Alternate Members
5
Sec.
18
Committee Procedure
6
ARTICLE VI
MISCELLANEOUS PROVISIONS
6
Sec.
19
Construction
6
Sec.
20
Severab
6
RESOLUTION NO. 79- Z,--
r • X n• • •-• �• •a.• �� •�I
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF R01-k= PARK
ARTICLE I -- GENERAL PROVISIONS
Sec. 1. Statement of Purpose.
It is the purpose of this Resolution to insure:
a. Employee grievances are heard and resolved fairly and promptly.
b. City employees are treated fairly and that their rights are
maintained.
c. Grievances are resolved in an effective and orderly manner to
insure uninterrupted city services to the public.
Sec. 2. Definitions.
As used in this Resolution, the following terms shall have the meanings
indicated:
a. "4�t�roFriate Unit" means a unit of employee classes or positions,
established for the purpose of collective representation.
b• "City" 'means the City of Rchnert Park.
C. "Employee" means arty city employee regardless of status.
d. "Grievance" means a complaint or dispute by an employee, group of
employees, or a recognized employee organization concerning the interpreta-
tion or application of any matter falling within the scope of this
grievance procet3re.
e. "Grievant" means the panty who has initiated a grievance procedure
either informally or formally.
f. ''Immediate Supervisor" means the individual who immediately assigns,
reviews, or directs the work of an employee.
g. "Internu=_d'iate Supervisor" means the supervisor next above the
immediate supervisor as determined by the department head.
h• "Recognized Emmloyee Organization" means an employee organization
which has been formally acknowledged by the city as a recognized employee
organization representing employees in an appropriate unit.
i• 'tworic nn� means those days on which the city administrative
offices are open for conduct of normal business.
Sec. 3. S_�.
a. This grievance procedure pertains to application, interpretation,
and noncompliance with memorandums of agreement, council resolutions, city
ordinances, and departmental and city rules, regulations, and practices
governing wages,, seniority, written reprimands, hours, safety, and other
terms and conditions of employment which the city has authority to change
and for which no other appeals procedure is provided. Issues excluded from
the scope of this grievance procedure include those matters which the city
has no authority to change and matters for which alternative appeals
procedures have been provided such as performance appraisals, demotions,
suspensions, and dismissals. Disputes concerning exclusive city rights
with respect to matters of general legislative or managerial policy do
not constitute ;grievances under this procedure. The nature of these
exclusive city :rights are described in Section 3.e. below.
b. A grievance may be initiated by an employee, jointly by a group
Of employees, or by a recognized employee organization.
c. Employees who are in units represented by a recognized employee
organization may choose to represent themselves or be represented by
the recognized employee organization at any stage of this grievance
Procedure- Employees who are not in a represented unit may choose to
represent themselves or be represented by any lay person or employee
organization. Neither the grievant party nor the city may be represented
by legal counsel..
d. No emplcyee or recognized employee organization shall be interfered
with, intimidated, restrained, coerced, or discriminated against for
exe raising these grievance rights.
e. Nothing in this grievance procedure shall be construed to restrict
any legal or inherent exclusive city rights with respect to matters of
general legislative or managerial policy, which include among others:
The exclusive right to determine the mission of its constituent depart-
ments, commissions and boards; set standards of service; determine the
procedure and standards of selection for employment; direct its employees;
take disciplinary action; relieve its employees from duty because of lack
of work or for other legitimate reasons; maintain the efficiency of
governmental operations; determine the methods, means and personnel by
which government operations are to be conducted, take all necessary
actions to carry out its mission in emergencies; and exercise complete
control and discretion over its organization and technology of performing
its work.
ARTICLE II -- INFORMAL GP=ANCE PROCEDURE
Sec. 4. General.
a. It is the mutual responsibility of employees, employee organi2a-
tzons, and management to resolve grievances informally and at the lowest
practicable level, of n0nageMert, whenever possible.
b• Informal procedures must be exhausted prior to initiation of the
formal grievance procedure.
Sec. 5. Step one - Immediate Supervisor.
a. The grievant shall first present the grievance orally to his /her
immediate supervisor in an informal meeting. The grievant may request
such a meeting at any reasonable time, and the supervisor shall meet
within five (5) working days after such request. In the meeting the
grievant shall fully explain the grievance and the solution desired.
The supervisor shall present an informal, verbal decision with reasons
therefor to the grievant within five (5) working days after the meeting.
b. Any grievant whose grievance is not resolved to his /her satis-
faction may institute a formal grievance procedure. Such formal procedure
shall conform with the steps and provisions prescribed in Articles III
and IV.
OR �GAMIMJZ-
Sec. 6. General.
a. All formal grievances shall be in writing. A supply of grievance
forms shall be maintained in each department and shall be readily
accessible to all employees and recognized employee organizations.
b. Each level of management upon receipt of a formal grievance
shall notify the recognized employee organization (if any) which represents
the employees of the unit from which the grievance originates concerning
the times and places of all grievance proceedings. The highest level of
management involved shall notify the appropriate recognized employee
organizations) in writing prior to implimentation of any grievance
settlement which affects the rights or conditions of employees they
represent.
Sec. 7. Step Two - Intermediate Supervisor.
a. The grievant may appeal the immediate supervisor's decision by
completing Section 2 of the grievance form and filing it with the appro-
priate intermediate supervisor within five (5) working days.
b. The intermediate supervisor shall within ten (10) working days
investigate the grievance, discuss the grievance with the grievant and/or
representative as requested, render a decision in writing on the grievance
form together with the reasons therefore, and return the form to the
grievant.
Sec. 8. Step Three -- Department Head.
a. The grievant may appeal the intermediate supervisor's decision by
completing Section 3 of the grievance form and filing it with the
appropriate department head within five (5) working days.
b. The department head shall within (10) working days investigate
the grievance, discuss the grievance with the grievant and/or represent-
ative as requested, render a decision in writing on the grievance form
together with the reasons therefor, and return the form to the grievant.
Sec. 9. Step Four - City Manager.
a. The grievant may appeal the department head's decision by com-
pleting Section 4 of the grievance form and filing it with the City
Manager's office: within five (5) working days.
.b. The City Manager or his /her representative shall within ten (10)
corking days investigate the grievance, discuss the grievance with the
grievant and/or, the grievant's representative as requested, render a
decision in writing on the grievance form together with the reasons
therefor, and return the form to the grievant.
Sec. 10. Step Five -• G=rievance Appeals Committee.
a. The grievant may appeal the City Manager's decision by completing
Section 5 of the grievance form and filing it with the personnel office
within ten (10) working days.
b. Upon receipt of a step five appeal, the personnel office shall
notify the members of the grievance appeals committee. The grievance
appeals committee shall then schedule the appeal for hearing not later
than ten (10) working days from the receipt of the grievance and shall
forthwith notify the grievant and his /her representative of the time and
place at which the appeal will be considered.
c. The grievance appeals committee shall conduct a hearing, and shall
hear all witnesses, testimony and evidence from both sides and shall
render a written decision on the grievance form together with reasons
therefor and return the form to the grievant, through the personnel
office, within ten (10) working days. A complete tape recording and/or
transcript shall be kept for all grievance appeals committee hearings.
The cost of any transcript or transcript of any tape recording shall be
paid for by the requesting party.
d. A majority decision of the grievance appeals committee shall be
final and binding unless such decision binds the city to a financial
expenditure which can be authorized only by the City Council. In such
case the City Council may review the record and affirm, reverse, modify,
or refer the matter back to the grievance appeals committee for further
hearing. Such action shall be taken by the City Council only on a review
of the record and a finding that the decision of the grievance appeals
committee was riot supported by the record.
ARTICLE IV -- RULES OF PROCEDURE
Sec. 11. Combining Grievances.
An employee shall include all current grievances in one grievance procedure.
To the degree practicable, grievances shall not be duplicated. If several
grievants wish to presem: grievances Vhdch are the same or substantially similar,
such grievances sahll be joined in one proceeding by mutual agreement of the grievant
or grievant's representative and the personnel department. Where there is no
mutual agreement to join grievances, the same or substantially similar grievances
shall be processed sequentially, by appropriate unit, in the order filed and time
limitations will be held in abeyance pending complete processing of earlier
cc=laints.
Sec. 12. Waiving Levels of Review.
Any steps in the grievance procedure, other than steps one and five, may be
waived when the grievant or grievants and all levels of management involved in the
steps waived mut,llly consent to such procedure in writing on the grievance form.
Sec. 13. Time Limitations.
a. Time limits established by this procedure may be extended or
shortened by mutual agreement in writing on the grievance form by the
grievant or grievants and the level of management /grievance appeals
committee involved in that step.
b. Failure by a grievant to appeal a decision within the time limits
Prescribed shall be deemed a resolution of the grievance, unless the
grievant is unable to appeal for cogent reasons. Failure of management
to meet with the grievant or to render a decision within the time limits
Prescribed shall justify appeal to the next step of the grievance procedure.
Sec. 14. Time Off.
a. 11hen practicable, proceedings shall be held within the employees
normal working hours. If held at other than the employees normal corking
hours, the employee shall be entitled to an eo_uivalent number of hours
off on an hour for hour basis.
b. Reasonable time off from usual, duties shall be accorded to employ-
ees for the purposes of meeting with employee representatives, preparing
and investigating grievances, presenting grievances, serving as a
representative of a recognized employee organization at a grievance
Procedure, or representing a grievant, provided that before leaving his/
her usual duties the e=loyee shall obtain permission from the immediate
supervisor involved. Such permission shall not be unreasonably withheld.
Sec. 15. Privacy.
All grievance procedures shall be conducted in closed sessions, except that
specified observers gray be admitted by mutual agreement of the parties involved.
ARTICLE V -- GRIEVANCE APPEALS CONMiT EE
Sec. 16. Composition and Selection.
The grievance appeals committee shall consist of three members. Each
committee member shall serve for two (2) years and until selection of a successor.
Committee members shall be selected as follows:
a. One city Employee selected by recognized employee organizations
acting jointly.
b. One city management member selected by the City Manager.
c. One lay chairperson selected by recognized employee organizations
and the City Manager acting jointly.
Sec. 17. Alternate Members.
An alternate for each of the three principal grievance appeals ccnmittee
mks shall be selected to serve for the same period as that of their respective
principals. Alternate members shall be selected in the same manner as principals
except that no alternate member shall be from the same city department or
appropriate unit as his /her respective principal. Alternate members shall serve
in the place of their respective principals when the principal is unavailable, when
the principal abstains from serving, and when the principal is from the same city
department or appropriate unit in which the grievance originates.
Sec. 18. Committee Procedure.
The grievance appeals committee shall meet on call of its chairperson or of
the personnel office. Deliberations of the committee shall be informal and shall
provide a full and fair hearing of the grievance and proposed solutions. The city
shall provide the committee with suitable facilities and reasonable secretarial
support- Each party shall bear its own costs for any expenses involved in calling
witnesses or producing desired evidence.
ARTICLE VI -- MISCELLANIDOUS PROVISIONS
Sec. 19. Construction,.
This resolution shall be administer and construed as follows:
a. Nothing in this resolution shall be construed to deny to any
person, employee., organization, the city, or any authorized officer,
body or other representative of the city, the rights, powers and
authority granted by Federal or State law.
b. This resolution shall be interpreted so as to carry out its
purposes as set i:orth in Article I.
Sec. 20. Severab' ' .
If any provision of this resolution, or the application of such provision to
any person or circumstance„ shall be held invalid, the remainder of this resolution
or the application.bf such provision to persons or circumstances other than those
as to which it is held invalid, shall not be affected thereby.
DULY AND REGULARLY adopted this thirteenth day of February, 1979.
CITY OF ROHNERT PARK
/s/ Warren K. Hopkins
Mayor Hopkins
AYES: (5) Councilmen Beary,
Carbone, Roberts,
Stewart and Hopkins
NOES: (0) Ncne
ABSENT: (0) None
/s/ Sandra Faus
Deputy City Clerk
RESOLUTION NO. 91 -227
RESOLUTION APPROVING REVISED
PERSONNEL RULES AND REGULATIONS
WHEREAS the Council of the City of Rohnert Park initially approved Personnel
Rules and Regulations on April 11, 1966 with said rules and regulations being
presented as City Manager's Administrative Policy No. 1, and
WHEREAS the Council of the City of Rohnert Park approved revisions to said
Personnel Rules and Regulations on April 25, 1983 with said rules and regulations
being presented as City Manager's Administrative Policy No. 1, and
WHEREAS in 1991 the City employed the services of Whitmore, Johnson &
Bolanos, a law firm specializing in personnel related matters, to review and
redraft the Personnel Rules and Regulations to include all changes to State and
Federal law, and
WHEREAS revisions have been proposed to said Personnel Rules and
Regulations, and
WHEREAS said revisions have been discussed with the employee organizations
as required by the meet and confer laws of the State and said revisions have
received approval by said employee organizations, and
WHEREAS the Council has reviewed the revised Personnel Rules and Regulations
and find them satisfactory.
NOW, THERER RE BE IT RESOLVED by the Council of the City of Rohnert Park
that the Personnel Rules and Regulations presented as City Manager's
Administrative Policy No. 1 as revised and dated November 12, 1991 are hereby
approved.
DULY AND REGULARLY ADOPTED this 12th day of November, 1991.
ST:
Deputy City Cle
CITY OF ROHNERT PARK
CITY
�]
Mayor
.'MIVLINGSWORTH AYE HOPKINS AYE RIE LLY AYE SPIRO AYE ECK AYE
AYES: � NOES: _0 ABSENT _ 0 ABSTAIN _0_
T A B L E O F C O N T E N T S
SECTION TITLE
PAGE /S
1.
PURPOSE . . . . . . . . . . . . . . . . .
. . . . 1
2.
COVERAGE . . . . . . . . . . . . . . . . .
. . . . 1
3.
GENERAL PROVISIONS . . . . . . . . . . . .
. . . . 1 -
2
4.
DISCIPLINARY ACTION . . . . . . . . . . .
. . . . 2 -
5
5.
INCOMPATIBLE ACTIVITY . . . . . . . . . .
. . . . 5
6.
CLASSIFICATION . . . . . . . . . . . . . .
. . . . 5 -
6
7.
PAY PLAN AND COMPENSATION . . . . . . . .
. . . . 6 -
7
8.
ANNOUNCEMENTS OF VACANCIES. . . . . . . .
. . . . 8
9.
APPLICATIONS . . . . . . . . . . . . . . .
. . . . 8 -
9
10.
SELECTION PROCEDURE . . . . . . . . . . .
. . . . 9
11.
ELIGIBLE LISTS . . . . . . . . . . . . . .
. . . . 10
12.
APPOINTMENTS . . . . . . . . . . . . . . .
. . . . 10
13.
TRAINEE PROGRAM . . . . . . . . . . . . .
. . . . 11
14.
PROBATION . . . . . . . . . . . . . . . .
. . . . 11
- 12
15.
TRANSFER . . . . . . . . . . . . . . . . .
. . . . 12
16.
PROMOTION . . . . . . . . . . . . . . . .
. . . . 12
17.
REASSIGNMENT . . . . . . . . . . . . . . .
. . . . 12
18.
SUSPENSION . . . . . . . . . . . . . . . .
. . . . 12
19.
SEPARATION . . . . . . . . . . . . . . . .
. . . . 12
20.
RESIGNATION . . . . . . . . . . . . . . .
. . . . 13
21.
LAYOFFS . . . . . . . . . . . . . . . . .
. . . . 13
22.
REINSTATEMENT . . . . . . . . . . . . . .
. . . . 13
- 14
23.
OVERTIME . . . . . . . . . . . . . . . . .
. . . . 14
24.
HOLIDAYS . . . . . . . . . . . . . . . . .
. . . . 15
25.
VACATIONS . . . . . . . . . . . . . . . .
. . . . 15
- 16
26.
SICK LEAVE . . . . . . . . . . . . . . . .
. . . . 16
- 17
27.
MISCELLANEOUS LEAVES WITH PAY . . . . . .
. . . . 17
- 18
28.
LEAVE OF ABSENCE WITHOUT PAY. . . . . . .
. . . . 18
29.
PERSONNEL RECORDS . . . . . . . . . . . .
. . . . 18
- 19
30.
DESTRUCTION OF RECORDS . . . . . . . . . .
. . . . 19
SUBJECT: Personnel Rules and Regulations
1. PURPOSE
The City Manager, as Personnel Officer for the City, is charged with the
responsibility for implementing and administering rules and regulations
relative to the City's personnel practices. In order to establish an
equitable and uniform procedure for dealing with personnel matters; and to
attract to municipal service the best and most competent persons available;
to assure that appointment and promotions of persons will be based on merit
and fitness; and to provide a reasonable degree of security for qualified
employees, the following rules and regulations are established.
2. COVERAGE
These rules and regulations shall apply to all offices, positions and
employments in the service of the City, except:
2.1 Elective officers in the performance of their elective duties;
2.2 Members of appointive boards, commissions and committees;
2.3 Persons engaged under contract to supply expert, professional,
technical or other services;
2.4 Volunteer personnel, such as volunteer auxiliary firefighters and
public safety reserve officers;
2.5 City Manager;
2.6 City-Attorney;
2.7 Probationary employees, except as expressly provided herein.
2.8 Limited Service Personnel:
2.8.1 Temporary or seasonal employees employed by the City not more
than six (6) mon.ths during the fiscal year for special
purposes;
2.8.2 Part -time employees paid by the hour or day.
3. GENERAL PROVISIONS
3.1 The City expressly prohibits discrimination in employment on the
basis of race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, sex, except as
provided by law, sexual. preference, or on the basis that an
individual is over the age of forty (40).
3.2 Employees work performance shall be evaluated by their immediate
supervisor or the supervisor's designee at least once a year on a
form prescribed by the Personnel Officer. Supervisors shall discuss
their evaluations in full with each employee, pointing out where the
employee has done an outstanding job and suggesting ways in which job
performance can be improved.
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3.3 All regular appointments shall include a probationary period of not
less than twelve (12) months for miscellaneous employees and not less
than twenty -four (24) months for Public Safety sworn employees.
3.4 Promotional appointments ,shall include a probationary period of not
less than twelve (12) months.
3.5 Employees shall be in good physical condition and shall possess
physical agility and strength commensurate with their job performance
requirements.
3.6 If any outline of conditions of employment or memorandum(s) of
agreement between a recognized employee organization and the City
conflicts with the provisions of these rules, then the provisions of
the memorandum(s) or outline will prevail.
3.7 The City reserves the right to amend these rules and agrees to meet
and confer with representatives of recognized employee organizations
on those changes that are within the scope of representation.
3.8 Nothing herein shall prevent or restrict the City's right to contract
for performance of expert, professional, technical or any other
services.
3.9 Nothing herein shall prevent or restrict a department head from
issuing departmental rules, policies or regulations needed for the
efficient operation of a City department.
4. DISCIPLINARY ACTION
4.1 Basis: The City may discipline any employee in City service.
Discipline may include discharge, demotion, suspension, reduction in
pay,_or oral or written reprimand. Only regular employees shall have
the right to hearing and appeal as described in this section.
4.2 Cause: Causes for discipline of any regular employee may include,
but shall not be limited to, the following:
4.2.1 Incompetence or inefficiency;
4.2.2 Insubordination;
4.2.3 Dishonesty;
4.2.4 Misconduct;
4.2.5 Failure to observe: City or Department rules and regulations;
4.2.6 Damage to or waste: of public equipment, property or supplies;
4.2.7 Possession of open container, use of, or being under the
influence of alcohol, non - prescription or unauthorized
narcotics or controlled substances during work hours;
4.2.8 Offensive treatment of the public;
4.2.9 Conviction of a felony or misdemeanor involving moral
turpitude where the employee's actions would tend to harm or
bring discredit upon the City or the public service;
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4.2.10 Tardiness;
4.2.11 Absence without leave, and /or
4.2.12 Conflict of interest.
4.3 Persons Authorized to Take Disciplinary Action: Employee discipline
may be initiated by any City department head for cause against any
employee under his /her supervision, with the exception of oral or
written reprimands, all discipline shall be subject to final approval
of the City Manager.
4.4 Notice (except in the case of oral or written reprimand): Notice of
Intended Disciplinary Action shall be prepared in writing by the
department head proposing the discipline and shall be served on the
employee in person or by registered or certified mail. Notice shall
be served prior to the action becoming effective; however, where
circumstances require immediate removal of the employee from the
workplace, notice shall be provided within two (2) working days from
the date the employee is removed from the workplace. Employees so
removed shall be placed on paid leave pending imposition of
discipline. A copy of the Notice of Intended Disciplinary Action
shall also be filed with the City Manager. The written Notice of
Intended Disciplinary Action shall contain the following information:
4.4.1 The specific type of disciplinary action;
4.4.2 The effective date of the action;
4.4.3 The specific reason(s) or cause(s) for the actions;
4.4.4 _ Notice that the employee may inspect copies of all materials
_ upon which the action is based, and
4.4.5 Notice that the employee has the right to respond orally or
in writing within ten (10) days to the department head
initiating the disciplinary action. No hearing before the
City Manager is available to review oral or written
reprimands.
An employee who responds orally or in writing to the department head
shall be entitled to meet in an informal conference with the
department head and shall be given the opportunity to rebut the
charges against him /her or to state any mitigating circumstances. In
the case of oral or written reprimand, the department head's decision
shall be final. In the cage of discharge, demotion, suspension, or
reduction in pay, the department head shall hear and consider the
facts presented by the employee and shall thereafter submit a written
recommendation to the City Manager to either impose, rescind or
modify the proposed disciplinary action. The recommended proposed
disciplinary action shall also be served on the employee. The
recommendation shall contain:
4.4.6 The specific type of' disciplinary action;
4.4.7 The specific reason(s) or cause(s) for the actions;
4.4.8 Notice that the employee has the right to request a hearing
before the City Manager. Said request for a hearing must be
submitted in writing to the City Manager within ten (10) days
from receipt of the recommendation to impose disciplinary
action.
4.5 Hearing Before City Manager: An employee who requests a hearing in
writing to the City Manager shall be entitled to an evidencial
hearing with the City Manager with his /her representative and shall
be given the opportunity to rebut the charges against him /her or to
state any mitigating circumstances. The City Manager shall hear and
consider the evidence presented by the department head concerning the
proposed discipline and evidence presented by the employee in defense
of those charges. The City Manager may then either impose, rescind
or modify the proposed disciplinary action.
4.6 Final Notice of Disciplinary Action: Following the determination by
the City Manager, the City Manager shall prepare a Final Notice of
Disciplinary Action, advising the employee of the action to be taken,
its effective date, and the employee's appeal rights.
4.6.1 Disciplinary action shall become effective on the date stated
in the Final Notice of Disciplinary Action, unless the date
is otherwise extended by the City Manager.
4.6.2 The City Manager shall file a copy of the Final Notice of
Disciplinary Action with the Personnel Office. The Final
Notice of Disciplinary Action shall be delivered personally
to the employee or shall be sent by registered or certified
mail.
4.7 Appeal of Disciplinary Action:
4.7.1 In the event of a demotion, suspension or dismissal, and the
affected employee is not satisfied with the decision rendered
by the City Manager, the employee may appeal the decision.
The employee may appeal disciplinary decisions by filing a
written appeal with the City Council within ten (10) days
following service of the Final Notice of Disciplinary Action.
The written appeal shall contain a written reply to the
charges against the employee and a written request for an
appeal hearing. The employee shall submit a copy of the
appeal to the City Manager.
4.7.2 If an employee submits an appeal, the City Council may
conduct whatever investigation it deems necessary and may, in
its discretion:
a. Deny the appeal;
b. Schedule an appeal hearing before the City Council, or
C. Refer the case to a neutral hearing officer designated by
the City Council to hear the appeal and submit an
advisory decision to the City Council.
d. Take any other action as it deems appropriate.
—4—
4.7.3 Any decision of the City Council shall be final and binding.
4.7.4 Judicial review of any decision rendered under this section
shall be governed by Code of Civil Procedure Section 1094.5.
4.8 No Retribution for Appeal: No employee shall be penalized in any way
for availing himself/herself of the disciplinary appeal process.
4.9 Administrative Procedures: The City Manager may establish any
necessary administrative procedures required to carry out the intent
of this section to assure a uniform and well understood process.
5. INCOMPATIBLE ACTIVITY
5.1 City employees shall not:
5.1.1 Participate in any, political activity prohibited by pertinent
provisions of State law;
5.1.2 Use for private gain or advantage the influence of a City
position or the facilities, equipment and supplies of the
City;
5.1.3 Solicit or accept any favors or gifts from persons, concerns
or corporations who have, or seek to have, business contacts
with the City;
5.1.4 Divulge confidential information to anyone to whom issuance
of such information has not been authorized;
5.1.E Participate in any employment or other activity which will
prevent an employee from doing his /her City job in an
efficient and capable manner, which brings discredit upon the
City, or which might result in a conflict of interest between
the employees private interests and his /her official duties
and responsibilities.
5.2 Before engaging in any outside employment an employee shall submit a
statement to the City Manager naming the prospective employer, if
any, the address and telephone number and shall outline the proposed
duties and hours of work. The City Manager shall then determine if
the proposed employment falls in the prohibited class. The employee
shall be notified of the City Manager's determination. An employee
shall not commence engaging in outside work prior to receiving
approval of the City Manager.
6. CLASSIFICATION
6.1 In a classification plan prepared by the City Manager and approved by
the City Council:
6.1.1 Each City position shall, on the basis of the duties and
responsibilities of the position, be allocated to an
appropriate class;
-5-
YA
6.1.2 Positions in a single class shall be sufficiently alike to
permit the use of a single descriptive title for the class,
the use of substantially the same standards of experience and
education for each such position, and application of the same
pay range to each such position;
6.1.3 A class may include more than one position.
6.2 Each class shall have a specification which includes:
6.2.1 A concise, descriptive title;
6.2.2 A brief definition;
6.2.3 A description of the job duties and responsibilities;
6.2.4 A statement of special requirements;
6.2.5 A statement of desirable qualifications.
6.3 The City Manager will review the duties and responsibilities of
positions and recommend to the City Council:
6.3.1 The creation of new classes, and
6.3.2 The abolition of existing classes.
6.4 The City Manager may upon the City Manager's own initiative, upon the
recommendation of the department head or upon the request of an
employee, reallocate a position to a different class whenever its
duties change materially, provided the reclassification can be
accomplished within budget: limitations.
6.5 When the duties of a position so change that no appropriate class for
it exists, the Personnel Officer shall prepare an appropriate class
specification for it and submit it to the City Council for approval.
6.6 Reclassification of a position may not be used to circumvent the
rules and regulations concerning demotion, promotion or compensation.
PAY PLAN AND COMPENSATION
7.1 Any changes in salary rates or salary ranges affecting existing
employees represented by a recognized employee organization shall be
subject to the meeting and conferring process in accordance with
State law.
7.2 Following completion of meeting and conferring, the Personnel Officer
will prepare the pay plan which shall prescribe for each class a flat
rate or salary range.
7.3 When a salary range for a class is changed by the City Council, all
employees whose positions; are allocated to this class shall be
adjusted to the corresponding step in the new range.
7.4 An employee whose position is moved from one class to another class
with the same salary range shall receive no change in salary.
7.5 When an employee is moved from one class to a class with a higher
maximum salary, the employee's salary in the higher class shall be
the minimum salary for that class, unless that minimum is lower than,
or the same as, the employee's salary at the time of the move. In
that event the employee shall receive the next higher step within the
pay range of the higher class.
7.6 When an employee is demoted, moved from one class to a class with a
lower maximum salary, the Personnel Officer shall set for the
employee a salary within the salary range of the class to which the
employee has been demoted. In this event, the employee's anniversary
date shall be the same as the effective date of demotion.
7.7 An employee whose position is reclassified from one class to a class
with a lower maximum salary shall retain his /her anniversary date and
shall:
7.7.1 Retain the salary of the higher class if the employee's
salary at the time the reclassification is effected does not
exceed the maximum salary for positions of the lower class;
7.7.2 If that salary does exceed that maximum, continue to receive
his /her present salary until such time as the maximum salary
for the class exceeds his /her rate of pay.
7.8 At least once each fiscal year the department head shall, in
consultation with the Personnel Officer, review the performance of
each employee. Employees work performance shall be evaluated in
writing at least once a year on a form prescribed by the Personnel
Officer.
7.8.x: Employees whose work performance is satisfactory shall be
eligible for advancement to the next higher step (not to
exceed the maximum) of the salary range;
7.8.2 Employees whose work performance is below satisfactory and
were therefore not advanced to the next higher step (not to
exceed the maximum) of the salary range, will be re- evaluated
within ninety (90) days for reconsideration of a salary
advancement. The employee's annual review date shall remain
the same.
7.9 A new appointee shall receive the minimum salary for the class to
which the position is allocated, except that:
7.9.1 In cases of extremely unusual difficulty in filling a
position, the Personnel Officer may approve appointment at a
salary above the minimum. In such case, all incumbent
employees in the class to which appointment is made shall be
placed on at least: the same step of the salary range as the
new appointee;
7.9.2 In hiring exceptionally qualified personnel, the Personnel
Officer may approve appointments at a salary above the
minimum for the class.
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8. ANNOUNCEMENTS OF VACANCIES
8.1 Notices of employment opportunities in the City shall be posted in
the City Offices, and publicized in any other way necessary to
attract the best possible qualified candidates.
8.2 Such notices shall list the classes in which vacancies are
anticipated, specify the class title, salary range, the nature of
work performed and the qualifications required for employment in the
class, tell when and where to file applications for employment, and
give information about the selection procedure to be used.
9. APPLICATIONS
9.1 The form by which a person applies for a position with the City shall
be prescribed by the Personnel Officer and shall require information
about the applicant's graining, experience, qualifications and
additional information the Personnel Officer deems pertinent to an
evaluation of the applicant's fitness for a position.
9.2 Applications for a vacant: position shall be filed with the Personnel
Officer on or prior to the closing date for the receipt of
applications as specified in the notice announcing the vacancy.
9.3 The Personnel Officer may disapprove an application, may disqualify
an applicant in an examination, may refuse to place a name on an
eligible list, or may remove a name from an eligible list if the
applicant or eligible:
9.3.1 Lacks any of the requirements established for the examination
or position for which application has been made;
9.3.2 Fails to pass physical or mental examinations or other
requirements by the City;
9.3.3 Is addicted to the use of narcotics;
9.3.4 Uses intoxicating beverages to excess;
9.3.5 Has been convicted of a felony or of a misdemeanor involving
moral turpitude where the applicant's or eligible's offense
would tend to harm or bring discredit upon the City or the
public service;
9.3.6 Has made a false statement of material fact on his /her
employment application or has failed to provide all the
pertinent information requested on the application form;
9.3.7 Has been dismissed from previous employment for cause which
would be cause for dismissal under these Rules;
9.3.8 Has directly or indirectly obtained information about an
examination to which, as an application or competitor, he or
she would not be entitled;
9.3.9 Has failed to reply within five (5) working days from the
date of mailing, to communications concerning availability
for employment;
9.3.10 Has made himself /herself unavailable for employment by
requesting that his /her name be withheld from consideration;
9.3.11 Is a close relative of a present City employee. In making
this decision the Personnel Officer shall take into
consideration the closeness of the family relationship and
other factors affecting the good of the service.
9.4 If any of the above actions are taken, the Personnel Officer shall
notify the applicant or eligible in writing at his /her last known
address, of the action taken and reasons therefore. An applicant or
eligible has the right to respond orally or in writing within five
(5) working days from the date of mailing to the Personnel Officer,
with no further right of appeal.
10. SELECTION PROCEDURE
10.1 The selection procedure used shall be impartial, of a practical
nature and shall relate to those subjects which, in the judgment of
the Personnel Officer, fairly measure the relative capacities of the
persons examined to execute the duties and responsibilities of the
class to which they seek to be appointed. Selection procedures shall
consist of one or more of the methods listed below. The same methods
shall be applied equally in a single examination.
10.1.1 Information the applicant supplies on the City's application
form, and any attachments thereto;
10.1.2 Written, performance, or physical tests or examinations, or
any combination thereof;
10.1.3 Interview;
10.1.4 Other appropriate means.
10.2 Failure in one part of the selection procedure shall be grounds for
declaring such competitors as failing in the entire selection
procedure.
10.3 The Personnel Officer shall notify each competitor of the results of
a selection procedure as soon as it is completed.
10.4 Competitors in a written examination shall have the right to inspect
their answer sheets within five (5) working days after the notices of
examination results are mailed. Any error in computing the
competitor's score, if called to the Personnel Officer's attention
within this period, shall be corrected.
10.5 Employees of the City who have passed a written examination shall be
given one -half (1/2) point for each year of continuous full -time or
regular part -time service with the City up to a maximum of eight (8)
points.
11. ELIGIBLE LISTS
11.1 After each selection procedure has been completed, the Personnel
Officer shall:
11.1.1 Prepare an eligible list containing the names of applicants
who qualify for appointment to positions in a particular
class;
11.1.2 Place the names of the qualified applicants (eligibles) on
the eligible list in the order of their final ranking, as
determined by the selection process, with the highest rated
eligible at the top of the list.
11.2 The eligible list shall :remain in effect for a period of six (6)
months unless this period is reduced or extended by the Personnel
Officer. In the event of early cancellation of an eligible list, the
Personnel Officer shall notify each person whose name appears on such
list to this effect by mail to his /her last known address.
11.3 The name of an eligible may be removed or withheld from an eligible
list for any of the reasons specified in Section 9.3.
11.4 When a vacancy occurs in a class for which there is an eligible list,
the Personnel Officer shall transmit the top ranking applicants names
on the eligible list to the department head for consideration.
12. APPOINTMENTS
12.1 The power to appoint and dismiss City employees is vested in the
Personnel Officer (City Manager).
12.2 The _ Personnel Officer may make a provisional appointment to a
position if there is no eligible list for the class and if the needs
of the service require that the position be filled before a selection
process can be completed. A provisional appointee shall:
12.2.1 Meet the requirements of training and experience established
for the position;
12.2.2 Not be continued for more than thirty (30) days after an
eligible list for the position has been established unless
there are no eligibles on such eligible list. who are
available for or wish to be considered for appointment to the
position;
12.2.3 Not serve under provisional appointment for longer than six
(6) months in any twelve (12) month period unless extended by
the Personnel Officer.
12.3 In the event sustained recruitment efforts do not yield qualified
personnel, the Personnel Officer may appoint persons who do not meet
the desirable education and experience standards established in the
specification for the class.
12.4 In an emergency which threatens life, property, or the operation of
necessary municipal services, the Personnel Officer may employ for
not more than thirty (30) calendar days such persons as are necessary
to meet the emergency.
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13. TRAINEE PROGRAM
13.1 In an effort to provide upward mobility opportunities for its current
employees and to provide employment opportunities, the City Manager
shall have the ability to add the word "Trainee" to any
classification, except those represented by a bargaining unit,
employed by the City and to recruit and select individuals to fill
positions as deemed appropriate.
13.1.1 Recruitment for these positions may be promotional or open as
deemed appropriate;
13.1.2 Initial salary would be up to thirty percent (30 %) below the
beginning of the established salary range;
13.1.3 Transition from the Trainee classification may occur as early
as three (3) months but no later than two (2) years from the
date of appointment. Minimum qualifications for the position
must be attained prior to transition. Transition may occur
upon recommendation of the department head and approval of
the City Manager;
13.1.4 All persons placed in a Trainee position shall be on
promotional probation during their tenure of training.
14. PROBATION
14.1 The purpose of probation is to permit the employer to observe the
employee on the job to evaluate performance. Probation is part of
the testing and selection process.
14.2 A person appointed to a position in the City shall be on probation in
the position after assuming it for a period of not less than twelve
(12) months for miscellaneous employees and not less than twenty -four
(24) months for Public Safety sworn employees. All promotional
appointments (miscellaneous or sworn) probational period will be for
a period of not less than twelve (12) months. If the employee is
absent from work for any reason during the probationary period, with
the City Manager's approval, such period may be extended by a period
equal to such absence.
The probationary period of an individual employee may be extended by
the City Manager for a period not to exceed one (1) additional year
when such action is deemed necessary to provide further observation
and evaluation of such employee's work performance. The employee's
performance may be evaluated as deemed necessary during the extended
probationary period, and shall be evaluated in writing at the end of
the probation. Notice of the extension of probation shall be
communicated to the employee prior to expiration of the initial
probationary period.
14.3 Uhile thus on probation, a person may:
14.3.1 If in a position to which he /she has not been promoted, be
dismissed at any time without cause;
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14.3.2 If in a position to which he /she has been promoted, be
reinstated at anv time to the position from which the
promotion elevated. the employee or to a comparable position
without cause.
14.4 An employee who successfully completes a probationary period shall
achieve regular status in his /her class and shall be known as a
regular employee.
15. TRANSFER
On the request of a department head, the Personnel Officer may approve the
transfer of an employee from one position in the City to another such
position in the same class or to another such position in a class with the
same maximum salary provided the position to which the employee is
transferred is one for which he /she possesses the desirable qualifications.
16. PROMOTION
16.1 A person may be moved to a class with a higher maximum salary only if
he /she has the desirable qualifications for the higher class. These
desirable qualifications: shall be ascertained on the basis of
information, application forms, tests, examinations, interviews, and
evaluations of the same nature as those authorized for ascertaining
his /her qualifications for initial appointment to a City position.
16.2 In filling a vacancy in, a position above the entrance level,
consideration shall first be given to promotion of persons in the
City service at the time the vacancy occurs. However, the Personnel
Officer may recruit from outside when well qualified City employees
are not available to fill the vacancy.
16.3 When--a vacancy occurs, the department head may request a list of
names of persons in City employment who qualify for promotion to the
vacant position for consideration.
17. REASSIGNMENT
The City Manager may reassign an employee to a class with a lower maximum
salary with the consent of the employee, provided the employee possesses the
desirable qualifications for the position to which he /she is reassigned.
Reassignments for disciplinary reasons shall be subject to the provisions of
Section 4.
18. SUSPENSION
An employee may be placed on administrative leave with pay pending
investigation of disciplinary charges against the employee. The City
Manager shall give written notice of the leave to the employee, and shall
comply with the provisions of Section 4.
19. SEPARATION
19.1 An employee may be separated from employment by resignation,
dismissal, retirement, or layoff on account of lack of work or lack
of funds.
19.2 The dismissal for cause of regular employees shall be in accordance
with the provisions of Section 4.
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20. RESIGNATION
20.1 An employee shall, in order to resign in good standing, give the
department head written notice of the resignation at least two (2)
weeks before the date it is to take effect, unless, because of
extenuating circumstances, the department head agrees to a shorter
notice.
20.2 A resignation made without the notice required by these Rules may be
regarded as cause for denying the resigning employee future
employment by the City.
20.3 An employee's resignation and the circumstances pertinent to it shall
be recorded in his /her personnel file.
21. LAYOFFS
21.1 The City Manager may lay off an employee on account of lack of work
or lack of funds.
21.2 In layoffs:
21.2.1 The departments and positions subject to layoff shall be
determined by the City Manager on the basis of the
administrative needs of the City;
21.2.2 Within the classification subject to layoff, the order of
layoff in each classification will be based on seniority.
Those employees with the least seniority shall be laid off
first;
21.2_3 Emergency provisional and probationary employees in a class
of positions shall be laid off before other persons in the
class are laid off.
21.3 Two (2) weeks before the effective date of the layoff of an employee,
the Personnel Officer shall:
21.3.1 Notify the employee of the layoff;
21.3.2 Explain to the employee the reasons therefore, and
21.3.3 Certify whether his/her service has been satisfactory. A
copy of the notice shall be retained in the employee's
personnel file.
21.4 An employee who has given satisfactory service and who is laid off
shall be eligible for preferential re- employment. Preferential re-
employment shall be offered on the basis of seniority within a
position classification.
22. REINSTATEMENT
22.1 The Personnel Officer:
22.1.1 Upon application of a former regular employee who has
resigned, at his; or her sole discretion, may approve
reinstatement of the former employee;
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22.1.2 Shall reinstate into the position from which he /she has been
promoted any employee who fails during a promotional
probationary period to serve satisfactorily in a position to
which he /she has been promoted.
22.2 Reinstatement of an employee shall:
22.2.1 Restore the employee to his /her former position or
22.2.2 Place the employee in a position of the same class or a class
comparable to that of his /her former position, and
22.2.3 Restore to the employee his /her previously held balance of
sick leave.
23. OVERTIME
23.1 Overtime hours must be approved in advance by the department head or
other authorized supervisor.
23.2 Overtime shall be kept at the minimum consistent with maintenance of
essential City services.
23.3 Subject to agreement with employee representatives as reflected in
applicable memorandum(s) of agreement or the outline of certain
employment conditions for non - represented employees, compensatory
time off may be granted for those hours required to be worked in
excess of the employee's work week. The department head shall
authorize such overtime work and shall notify the Personnel Officer
upon such authorization.
23.3;,1 The department head shall be responsible for arranging
his /her department so that compensatory time off can be
taken;
23.3.2 The following personnel position classifications shall not be
subject to the compensatory time off provisions within this
section: City Manager, Director of Administrative
Services /Assistant: to the City Manager, Assistant to the City
Manager, Finance Director, Planning Director, Director of
Public Safety, Public Safety Division Commander, Public
Safety Supervisor, City Engineer, Superintendent of Public
Works, Assistant Superintendent of Public Works, Senior
Building Inspector, Recreation Director, and Director of
Performing Arts Center; and any bona fide executive as
qualified under FLSA;
23.3.3 The current memorandum(s) of agreement or outline of certain
conditions of employment will reflect accrual information and
time and manner in which any payment for unused compensatory
time shall be made:.
23.4 On the basis of the nature of work in a class or conditions of
employment, the City Manager may designate certain classes as
ineligible for compensation for overtime.
23.5 Upon separation, an employee shall be paid a lump sum for all
outstanding approved and accrued compensatory time.
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24. HOLIDAYS
24.1 The holidays observed by the City are those in the memorandum(s) of
agreement with the recognized employee associations and outline of
certain conditions of employment for non - represented employees.
24.1.1 Every day proclaimed by the President, Governor, or Mayor of
the City as a public holiday;
24.1.2 Each day that the Governor declares a day of mourning or
special observance as a holiday for State employees.
24.2 When a holiday falls on a Saturday, the preceding Friday shall be
observed.
24.3 When a holiday falls on a Sunday, the following Monday shall be
observed.
24.4 Seasonal or temporary employees shall not participate in holiday
benefits.
24.5 Regular part -time employees shall participate in holiday benefits
proportioned to their agreed fixed work ratios.
24.6 Employees necessary to maintain Public Safety or emergency Public
Works services may be required to work on holidays, and shall receive
compensating time off or, at the discretion of the City Manager,
additional payment at a time and one -half rate for the holiday
worked.
24.7 If a holiday falls on an employee's regularly scheduled time off,
compensatory time off shall be granted and taken as soon as
practical.
24.8 The foregoing holiday provisions are subject to modification by
agreements reached in the meeting and conferring process.
25. VACATIONS
25.1 Each regular employee shall earn vacation according to the following
schedule:
Years of Service
(Inclusive)
Up to 2 years
3 to 5 years
6 to 10 years
11 to 15 years
Over 15 years
Monthly
Vacation Rate
5/6 day
1 day
1 -1/4 days
1 -1/2 days
1 -2/3 days
Annual
Vacation Days
10
12
15
18
20
25.2 Vacation may be accumulated to a maximum of thirty (30) days,
provided that each employee is required to take a minimum of ten (10)
days vacation annually.
25.3 Seasonal or temporary employees shall not accrue vacation benefits.
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25.4 Regular part -time employees shall participate in vacation benefits
proportioned to their agreed fixed work ratios.
25.5 Vacation shall be earned monthly, and after the employee has worked
six (6) months, be available to the employee the first day of the
following month, and may be used in amounts of not less than four (4)
hours.
25.6 The times during which an employee may take vacation shall be
determined by the department head, provided that if the requirements
of the City service are such that part or all of the employee's
vacation must be deferred beyond a particular calendar year, the
employee may take the vacation during the following calendar year.
25.7 Employees shall take their normal vacation each year, provided
however that for reasons deemed sufficient by the department head an
employee may take less than the normal vacation one year with a
correspondingly longer vacation the following year.
25.8 In the event an employee is not able to take all the vacation to
which the employee is entitled in a calendar year, the employee shall
be permitted to accumulate the unused portion as a credit, provided
that on January 1 of any calendar year, there shall not be a total
credit of more than thirty (30) days of vacation.
25.9 A legal holiday, as defined in these Rules, that falls during an
employee's vacation shall not be charged as vacation.
25.10 If the employee becomes sick or injured while on vacation, it will be
counted as vacation time and not sick leave time.
25.11 Upon_- separation, an employee shall be paid a lump sum for all accrued
vacation that has been earned in accordance with these Rules prior to
the separation.
25.12 The foregoing vacation provisions are subject to modification by
agreement reached in the meeting and conferring process.
26. SICK LEAVE
26.1 If an employee is a regular employee, he /she shall be entitled to
receive regular sick leave with pay and /or credits in accordance with
the current memorandum(s) of agreement or outline of certain
conditions of employment.
26.2 Seasonal or temporary employees shall not participate in sick leave
benefits.
26.3 Regular part -time employees shall participate in sick leave benefits
proportioned to their fixed work ratios.
26.4 Sick leave may be taken for:
26.4.1 An employee's illness or injury. Leave of more than five (5)
days for this reason requires a doctor's certificate
indicating absence: from work was necessary. At the City
Manager's discretion, a doctor's certificate may be requested
for illnesses of less than five (5) days;
-16-
26.4.2 An employee's dental, eye or, other physical or medical
examination or treatment by a licensed practitioner. Leave
for this purpose may be limited to four (4) hours in any one
working day at the discretion of the department head;
26.4.3 Providing necessary care for an ill or injured member of the
immediate family. Absences of more than one (1) day for this
reason require a doctor's statement, indicating that the
employee's presence was required at home. Leaves for this
purpose are limited to three (3) work days;
26.4.4 Death /bereavement leave in the immediate family. Employees
may use up to three (3) days of their accrued sick leave when
there is a death in their immediate family. Immediate family
in this case means: spouse, father, father -in -law, mother,
mother -in -law, brother, sister, child (including step-
children), step - parents, grandparents, grandchildren and
relationships in loco- parentis.
26.5 All regular employees shall earn and accrue industrial sick leave in
accordance with the current memorandum(s) of agreement or outline of
certain conditions of employment.
When an employee is off work due to an industrial injury, he /she
shall be entitled to industrial compensation pay in accordance with
the regulations established by the California Worker's Compensation
laws. Said payment will be received from the City's Worker's
Compensation Insurance carrier and to the City's account. When the
combined payments of City's industrial sick leave pay and carrier's
off work pay is the same as or more than the employee's regular pay,
the City will retain such carrier payments. If less, the carrier
payment or portion thereof will be transferred to the employee.
26.6 The foregoing sick leave provisions are subject to modification by
agreement reached in the meeting and conferring process.
27. MISCELLANEOUS LEAVES WITH PAY
27.1 An employee shall be granted leave of absence with full pay for jury
duty, appearance legally required as a witness, or attendance in
court resulting from official duties. Any extra compensation
received by the employee shall be remitted by the employee to the
City Manager.
27.2 Pregnancy or maternity leave shall be granted in accordance with this
section.
27.2.1 A regular employee shall be entitled to utilize full pay non-
industrial sick leave benefits and other accrued leave on the
same basis as other employees who are temporarily disabled
due to a non - industrial illness or injury. Such disability
leave on account of normal pregnancy or childbirth shall not
exceed nine (9) weeks;
A probationary employee having completed less than one year
of service shall be entitled to utilize any accrued half pay
non - industrial sick leave benefits and other accrued leave on
the same basis aLs other employees who are temporarily
disabled due to a non- industrial illness or injury;
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27.2.2 While the pregnant employee is on leave status, service
credits shall continue to accrue and the City shall continue
payments toward group insurance and retirement coverage.
Leave shall commence upon certification from the employee's
attending physician that she is no longer capable of
performing the duties of her position without undue risk to
herself or other persons;
27.2.3 In no event shall the employee's paid leave exceed the total
of the employee's accumulated but unused full pay non-
industrial sick leave and other accrued leave;
27.2.4 An employee may be absent from employment for a reasonable
collective period of time not to exceed four (4) months
(including period of paid sick leave) during the time of
pregnancy and post- pregnancy period. During this period of
time, the employee may utilize any accrued vacation leave.
Unpaid leave shall. be granted only for disability due to the
pregnancy, the subsequent childbirth, or other termination of
pregnancy. No such absence without pay shall be granted
until the employee: has exhausted all accumulated full pay, or
as specified, half' pay non - industrial sick leave;
27.2.5 Upon expiration of approved leave, an employee shall be
reinstated to her former position or to a comparable one
unless reinstatement to the former or comparable position is
not possible because of legitimate business reasons unrelated
to the employee's pregnancy;
27.2.6 An employee may request an unpaid leave of absence under
Section 28.1 at the conclusion of her disability. Such leave
shall be granted or denied on the same basis as leaves for
other employees.
27.3 The City will compensate employees for military service leave taken
during the year pursuant to the State of California Military and
Veterans Code.
28. LEAVE OF ABSENCE WITHOUT PAY
Upon written request of an employee, the City Manager may approve in writing
a leave of absence without pay for a period not to exceed six (6) months.
29. PERSONNEL RECORDS
29.1 The City shall maintain personnel files for all employees, which
shall contain all records, files and documentation which are used, or
have been used, to determine the employee's qualifications for
employment, promotion, additional compensation or termination or
other disciplinary action.
29.1.1 Upon the request of an employee, the City shall permit the
employee to inspect his or her personnel file, at reasonable
times and at reasonable intervals. The employee may inspect
the original personnel file at the location where it is
stored and at no loss of compensation to the employee;
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29.1.2 An employee is not entitled to inspect records relating to
the investigation of a criminal offense or letters of
reference;
29.1.3 No records which are used or have been used to determine an
employee's qualifications for employment, promotion,
additional compensation or termination or other disciplinary
action shall be maintained without placing such records in
the employee's personnel file;
29.1.4 Personnel files shall be deemed confidential and shall not be
disclosed to any third person unless the employee consents to
the disclosure in writing or the City is ordered to disclose
such material by a court of competent jurisdiction.
29.2 In the case of personnel records, the term "personnel records" means
any file maintained under the individual's name by his or her
employing agency containing records relating to:
29.2.1 Personal data, including marital status, family members,
educational and employment history, or similar information;
29.2.2 Medical history;
29.2.3 Election of employee benefits;
29.2.4 Employee advancement, appraisal, or discipline;
29.2.5 Complaints, or investigation of complaints, concerning an
event or transaction in which the employee participated, or
which the employee: perceived, and pertaining to the manner in
which the employee performed his or her duties, or
29.2.6 Any other information the disclosure of which would
constitute an unwarranted invasion of personal privacy.
29.3 PNo employee shall have any comment adverse to the employee's interest
entered in his or her personnel file without the employee having
first read and signed the instrument containing the comment,
indicating the employee is aware of the comment, except that an
entry may be made if the employee refuses to sign it. If the
employee refuses to sign, that fact shall be noted on the document
and signed or initialed by the employee.
29.4 An employee shall have thirty (30) days within which to file a
written response to any adverse comment entered into the employee's
personnel file. The employee's written response shall be attached
to, and shall accompany, the adverse comment.
30. DESTRUCTION OF RECORDS
The employee personnel file shall. be considered a permanent record and all
personnel file documents shall_ be retained for the duration of the
employee's period of employment. Any record, permanent or temporary, may be
destroyed by the Personnel Officer or department head in accordance with the
policy adopted by the City Council unless specifically required to be kept
by provision of general law.
• -19-
CITY OF
ROHNERT PARK
DISABILITY
WAGE
PLAN
RD
i t 1lJLL Vl Li Vl r l [ Ll V l /J
Section Title Page No.
DISABILITY WAGE PLAN
1.
Purpose 1
2.
Elibility 1
3.
Length of Service Schedule 2
4.
Periodic Increase in Benefits 3
S.
Benefits Renewal - 26 Week Rule 3
6.
How Benefits Are Calculated 3
7.
Active Work/Authorized Leave Requirement 3
8.
Proof of Claim 3
9.
Notification Required 3
10.
Absence Reporting 4
11.
Conditions Covered 4
12.
Conditions Not Covered 4
13.
Pregnancy or Maternity Leave 5
14.
Paternity Leave 5
15.
Light or Limited Duty 6
16.
Effect on Vacations 6
17.
Sick Leave Without Pay 6
18.
Holidays During Disability 6
19.
Effect on Retirement 6
20.
Sick Leave Benefits Misuse 6
21.
Temporary Layoffs 7
22.
Long Term Disability 7
23.
Employee Death 7
24.
Changes in Plan 7
25.
Non - Discrimination 7
26.
Additional Information 7
INDUSTRIAL DISABILITIES
1. Separate Schedules
2. Effect on Worker's Compensation
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK
APPROVING UPDATED DISABILITY WAGE PLAN
WHEREAS, City staff recognizes the appropriateness of updating certain
employee benefit plans in order to provide for any.changes; and
WHEREAS, the City's existing "Disability Wage Plan" was instituted on August
1, 1972 and has not been updated since that date; and
WHEREAS, City staff has conducted a review of the City's existing
"Disability Wage Plan" pamphlet and feels it is appropriate to update same; and
WHEREAS, revisions have been proposed to said "Disability Wage Plan "; and
WHEREAS, said revisions have been discussed with the employee organizations
as required by the meet and confer laws of the State and said revisions have
received approval by said employee organizations; and
WHEREAS, the Council has reviewed the revised "Disability Wage Plan" and
finds it satisfactory.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Rohnert Park
that the "Disability Wage Plan" as revised and dated October 27, 1992, which is
attached to this resolution and by reference thereto incorporated herein, is
hereby approved.
DULY AND REGULARLY ADOPTED this 27th day of October, 1992.
CITY OF ROHNERT PARK
Mayor '
ECK AYE HOLLINGSWORTH AYE HOPKINS AYE P.E'LLY AYE SP1RO AYE
AYES 5 NOES 0 ABSENT 0 ABSTAIN
non -work related* circumstances, your pay will be continued by the
City in accordance with your length of service under the following
schedule:
(For all eligible employees except Public Safety Officers /Community
Services Officers hired after August 1, 1989.)
Completed Months Week's Benefits (PLUS) Week's Benefits
of Service at Full Pay at Half Pay
3
0
1
6
0
2
9
0
3
Completed Years
Week's Benefits
(PLUS) Week's Benefits
of Service
at Full Pay
at Half Pay
1
1
4
2
2
7
3
3
10
4
4
13
5
5
16
6
6
19
7
7
22
8
8
25
9
9
28
1 Q
t tl
12
11
11
31
12
12
30
13
13
29
14
14
28
15
15
27
16
16
26
17
17
25
18
18
24
19
19
23
20
20
22
21
21
21
22
22
20
23
23
19
24
24
18
25
25
17
26 or more
26
16
For all Public Safety Officers /Community Services Officers hired
after August 1, 1989:
flours Earned
Monthly
8
Hours Earned
Annually
96
Maximum Hours
of Awumulation
1,200
*For application of the Plan to work - related injury or illness, see
page 8.
—2—
employee would otherwise have been temporarily laid oil-, the
employee's disability pay normally will be continued in accordance
with the length of service schedule, as long as the employee's illness
or injury prevents them from working. Naturally, this provision
only applies in the case of temporary layoffs where there is a clear
cut expectancy that the employee will be recalled to work within a
short time.
Any layoff is subject to the Americans with Disabilities Act (ADA)
requirement that the layoff is for the stated purpose and not a
pretext for terminating employee(s) with disabilities.
22. LONG -TERM DISABILITY
This Disability Wage Plan, or any other such applicable plan, shall
be considered the primary plan and all benefits therein must be
exhausted prior to eligibility for the City's Long Term Disability
Plan. For additional information regarding the City's Long Term
Disability Plan contact the Personnel Office.
23. EMPLOYEE DEATH
Upon the death of an employee, any unused sick leave shall not be
paid to the employee's surviving spouse or legal dependents.
However, any said unused sick leave may be applied as service
credit for the deceased employee's retirement account. For
ndditinnnl infnrmntinn regarding this matter contact the Personnel
Office or a Public Employees Retirement System representative.
24. CHANGESINPLAN
City management hopes and expects to continue the Disability
Wage Plan indefinitely, but as future conditions cannot be foreseen,
the City reserves the right to change or discontinue this Plan at any
time. Employees may be assured however that only the most
serious circumstances would result in the discontinuance or
curtailment of the Plan.
Nothing contained herein shall be deemed to supersede the
provisions of any applicable State law, City ordinance, resolution,
rule or regulation. The City retains and has the exclusive decision- -
making authority to manage the policies and provisions of this
document so long as such exclusive authority is in conformance
with any and all applicable laws and statutes for same.
2S. NON- DISCRIMINA TION
In receiving the benefits afforded by this Disability Wage Plan, no
person shall in any way be favored or discriminated against to the
extent prohibited by law because of political or religious opinions or
affiliations, or because of racial or national origin, or because of
age, sex or sexual preference, or physical or mental disability.
26. ADDITIONA L INFORMA TION
Employee's seeking further information regarding the
administration of this Plan are welcome to contact the City's
Personnel Office.
work fifteen (15) minutes or more, an Employee Absence Report
form must be properly submitted.
11. CONDITIONS COVERED
11.1 An employee's non - industrial illness or injury. Leaves of
more than five (5) days for this reason require a doctor's
certificate indicating absence from work was necessary. At
the City Manager's discretion, a doctor's certificate may be
requested for illnesses of less than Five (5) days;
11.2 An employee's non - industrial dental, eye or other physical
or medical examination or treatment by a licensed
practitioner. Leave for this purpose may be limited to four
(4) hours in any one working day at the discretion of the
department head;
11.3 Providing necessary care for an ill or injured member of
the immediate family. Absences of more than one (1) day
for this reason require a doctor's statement indicating that
the employee's presence was required. Leaves for this
purpose are limited to three (3) work days;
11.4 Family Care Leave: Employees may request an unpaid
leave of absence (family care leave) for a newborn or newly
adopted child, or to care for a seriously ill family member.
Requests for family care leave shall comply with the
requirements of Assembly Bill 77. For specific
information regarding family care leave contact the City's
Personnel Office.
11.5 Death/bereavement leave in the immediate family.
Employees may use up to three (3) days of their accrued
sick leave (or death/bereavement leave benefits as provided
in any applicable Memorandum of Agreement) when there
is a death in their immediate family. Immediate family in
this case means: spouse, father, father -in -law, mother,
mother -in -law, brother, sister, child (including step-
children), step- parents, grandparents, grandchildren and
relationships in loco- parentis.
11.6 For the purpose of charging sick leave, the minimum sick
leave chargeable shall be one (1) working hour.
12 CONDITIONS NOT COVERED
An employee will not be entitled to disability pay under this Plan if
the injury or illness:
12.1 is intentially self- inflicted;
12.2 is due to intoxication, or the use of narcotics or habit -
forming drugs;
12.3 resulted from participating in a criminal act;
12.4 resulted from participating in a riot;
12.5 resulted from working for an employer other than the
City;
12.6 during a layoff, leave of absence or disciplinary
suspension; and /or
12.7 after a termination date.
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