HomeMy WebLinkAboutCC Resolution 10448 (MOU Police Association)13
RESOLUTION NO. 10448
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION NO 9682 PERTAINING TO THE COMPENSATION
AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL.
(3 year agreement from July 1, 1999 through June 30, 2002).
WHEREAS, the City of San Rafael and the San Rafael Police Association, have met and conferred
with regard to wages, hours and working conditions in accordance with the provisions of the
Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding dated June 30, 1999, and consisting of 41
pages and Exhibits has been executed by duly authorized representatives for both parties;
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
Section 1: From and after the date of adoption of this Resolution, the City of San
Rafael and the San Rafael Police Association, shall utilize the Memorandum of
Understanding dated June 30, 1999, as the official document of reference respecting
compensation and working conditions for Police Department personnel represented by the
Police Association;
Section 2: The schedules describing classes of positions and salary ranges attached
as Exhibit A, B, and C to said Memorandum of Understanding, together with the
Memorandum of Understanding itself are hereby adopted and both shall be attached hereto
and incorporated in full.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said
City on Tuesdav, the 6th day of Jam, 1999 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Hel 1 er
JE A M. LEONCINi, CITY CLERK
GRIGINAR: �°
Memorandum of Understanding
between
City of San Rafael
and
San Rafael Police Association
July 1, 1999 through June 30, 2002
�l r
San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
CHAPTER 1. GENERAL PROVISIONS
1.1. INTRODUCTION
1.1.1. Scope of Agreement
1.1.2. Term
1.2. RECOGNITION
1.2.1. Bargaining Unit
1.2.2. New Classifications
1.2.3. Available Copies
1.3. DISCRIMINATION
1.3.1. In General
1.3.2. Association Discrimination
1.4. ASSOCIATION RIGHTS
1.4.1. Employee Representatives
1.4.2. Union Release Time
1.4.3. Commencement of Negotiations
1.4.4. Dues Deduction
1.5. CITY RIGHTS
1.5.1. Defined City Rights
CHAPTER 2. COMPENSATION
2.1. SALARY
2.1.1. Goal
2.1.2. Fiscal Year 99/00 Increase
2.1.3. Fiscal Year 00/01 Increase
2.1.4. Fiscal Year 01/02 Increase
2.2. COMPENSATION PLAN
2.2.1. Pay Period _
2.3. SALARY STEP INCREASES
2.4. MERIT PAY AWARD
2.5. CERTIFICATION INCENTIVE
2.6. ADDITIONAL PAY
2.6.1. Court Pay
2.6.2. Call -Back Pay
2.6.3. Stand By
2.6.4. Female Custodial Duties
2.6.5. Shift Differential
2.6.6. Bilingual Pay
2.6.7. Special Response Team
2.6.8. Field Training Officer (FTO) ........ ...
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2.6.9. Motor Officer Pay _ ..... _W
CHAPTER 3. PROBATIONARY PERIOD
3.1. PURPOSE OF PROBATION
3.2. LENGTH OF PROBATIONARY PERIOD
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
3.3. REJECTION DURING PROBATION
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3.4. EXTENSION OF PROBATIONARY PERIOD
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3.5. NOTIFICATION OF EXTENSION OR REJECTION
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3.6. REGULAR STATUS
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3.7. PROMOTION OF PROBATIONARY EMPLOYEE
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3.8. UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION
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CHAPTER 4. HEALTH AND WELFARE
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4.1. INSURANCES
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4.1.1. Effective July 1, 1999
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4.1.2. Effective July 1, 2000
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4.1.3. Effective January 1, 2001
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4.2. PERS HEALTH INSURANCE BENEFITS
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4.3. PAY BACK
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4.4. RETIREMENT CONTRIBUTION 15
4.5. DENTAL INSURANCE 15
4.6. VACATION LEAVE
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4.6.1. Eligibility:
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4.6.2. Rate of Accrual:
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4.6.3. Administration of Vacation Leave:
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4.6.4. Vacation Sign-up
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4.6.5. Vacation Cash in
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4.7. SICK LEAVE ISSUES
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4.7.1. Eligibility
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4.7.2. Accumulation
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4.7.3. Use of Sick Leave
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4.7.4. Advance of Sick Leave
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4.7.5. Sick Leave Balance
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4.8. HOLIDAYS
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4.9. OTHER LEAVES
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4.9.1. Bereavement Leave
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4.9.2. Military Leave
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4.9.3. Leave of Absence Without Pay
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4.9.4. Industrial Injury Leave —
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4.9.5. Jury Duty
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4.9.6. Medical Leave of Absence
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4.9.7. Absent Without Authorized Leave22
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4.9.8. Catastrophic Leave _
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CHAPTER 5. HOURS OF WORK
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5.1. WORK WEEK
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5.1.1. Established Work Week.
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5.1.2. Alternative Work Schedules.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
5.1.3. Sergeant's Schedule:
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5.1.4. Shift Rotation
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5.1.5. Patrol Briefing Periods
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5.1.6. Employee Break and Meal Periods
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5.2. OVERTIME
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5.2.1. Requests For Compensatory Time Off.
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5.3. SHIFT CHANGES
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CHAPTER 6. TERMS AND CONDITIONS OF EMPLOYMENT
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6.1. DEMOTION AND SUSPENSION—
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6.2. TERMINATION OF EMPLOYMENT .. _
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6.2.1. Resignation
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6.2.2. Termination - Lay Off
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6.2.3. Termination - Disciplinary Action
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6.2.4. Retirement
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6.2.5. Rejection During Probation
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CHAPTER 7. DISCIPLINARY ACTION
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7.1. AUTHORITY
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7.2. DEFINITION
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7.3. CAUSES FOR DISCIPLINARY ACTION
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7.4. APPEALS
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7.5. CITY MANAGER AND ARBITRATION
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CHAPTER 8 GRIEVANCE PROCEDURE _ _
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8.1. DEFINITION
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8.2. INITIAL DISCUSSIONS.
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8.3. REFERRAL TO CITY MANAGER
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8.4. CITY MANAGER AND ARBITRATION
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8.5. NO ABRIDGMENT OF OTHER RIGHTS OF APPEAL
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8.6. PAY CLAIMS
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8.7. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE OF THE
MEMORANDUM OF UNDERSTANDING
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CHAPTER 9. MISCELLANEOUS
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9.1. EMPLOYER - EMPLOYEE RESOLUTION
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9.2. UNIFORM ALLOWANCE
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9.3. OUTSIDE EMPLOYMENT
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9.4. GRATUITIES/SOLICITATION OF CONTRIBUTIONS
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9.5. RETURN OF CITY EQUIPMENT
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
9.6. POLITICAL ACTIVITY
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9.7. EMPLOYMENT RELATIONSHIPS
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9.8. PERSONNEL RULES
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9.9. DRUG AND ALCOHOL POLICY
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9.10. ]MEDICAL STANDARDS
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9.11. TEMPORARY LIGHT DUTY POLICY STATEMENT
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9.12. REINSTATEMENT
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CHAPTER l0. REDUCTION IN FORCE
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10.1. NOTICE
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10.2. ORDER OF LAYOFF
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10.3. RE-EMPLOYMENT ELIGIBLE LIST
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CHAPTER ll. MOU LANGUAGE
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11.1. EXISTING LAWS, REGULATIONS AND POLICIES
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11.2 STRIKES AND LOCKOUTS
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11.3. FULL UNDERSTANDING, MODIFICATION, WAIVER
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11.4. PREVAILING RIGHTS
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11.5. SEVERABILITY
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
This Memorandum of Understanding is entered into pursuant to the provisions of
Section 3500, et. seq. of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in said representative unit,
have freely exchanged information, opinions and proposals, and have reached
agreement on all matters relating to the employment conditions and employer-
employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the
City of San Rafael as the joint recommendation of the undersigned parties for salary
and employee benefit adjustments for the period commencing July 1, 1999 and
ending June 30, 2002.
CHAPTER 1. GENERAL PROVISIONS
1.1. INTRODUCTION
1.1.1. Scope of Agreement
The salaries, hours, fringe benefits, and working conditions set forth have been
mutually agreed upon by the designated bargaining representatives of the City of
San Rafael (herein -after called "CITY") and the San Rafael Police Association
(herein -after called "ASSOCIATION") and shall apply to all employees of the City
working in the classifications and bargaining unit set forth herein.
In accepting employment with the City of San Rafael, each employee agrees to be
governed by and to comply with the Personnel Ordinance, Rules and Regulations,
Administrative Procedures, and regulations and directives of the Police Department.
1.1.2. Term
This agreement shall be in effect from Julv 1, 1999 through June 30, 2002 .
1.2. RECOGNITION
1.2.1. Bargaining Unit
The City hereby recognizes the Association as the bargaining representative for the
purpose of establishing salaries, hours, fringe benefits and working conditions for all
employees within the San Rafael Police Association Bargaining Unit (As referenced
in Exhibit "A" attached).
1.2.2. New Classifications
New classifications developed by the City, and determined to be appropriately
included in the Bargaining Unit, shall be assigned a wage scale by the City. The
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San Pafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
City will forward to the Association the new classification and wage scale. The wage
scale for the new classification shall then be subject to the meet and confer process.
1.2.3. Available Copies
Both the City and the Association agree to keep duplicate originals of this
agreement on file in a readily accessible location available for inspection by any
City employee, or member of the public, upon request.
1.3. DISCRIMINATION
1.3.1. In General
The parties to this contract agree that they shall not, in any manner, discriminate
against any person whatsoever because of race, color, age, religion, ancestry,
national origin, sex, sexual preference, marital status, medical condition or disability.
1.3.2. Association Discrimination
No member, official, or representative of the Association shall in any way suffer any
type of discrimination in connection with continued employment, promotion, or
otherwise by virtue of membership in or representation of Association.
1.4. ASSOCIATION RIGHTS
1.4.1. Employee Representatives
The Association shall, by written notice to the City Manager, designate certain of its
members as Employee Representatives. Association representatives who are
official representatives of the Association shall be given reasonable time off with pay
to attend meetings with management representatives, or to be present at hearings
where matters within the scope of representation or grievances are being
considered. The use of official time for this purpose shall be reasonable and shall
not interfere with the performance of City services. Such employee representatives
shall submit through the Police Department chain of command a written request for
excused absence to the Chief of Police at least forty-eight (48) hours prior to the
scheduled meeting whenever possible. Except by mutual agreement, the number of
employees excused for such purposes shall not exceed three (3).
1.4.2. Union Release Time
One hundred (100) hours per calendar year shall be provided for union release
time, apart from MMB activity, with ten days advance notice and approval of the
Chief of Police. Any additional hours shall be granted only with ten days advance
notice and approval of the Chief of Police.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
1.4.3. Commencement of Negotiations
It is mutually agreed to begin the Meet and Confer process no later than the first
Monday in February, regarding the terms and conditions applicable to successor
M.O.U.s. The process will be initiated by the San Rafael Police Association through
the submittal of upcoming contract requests it wishes to be considered.
1.4.4. Dues Deduction
City agrees, upon written consent of the employee involved, to deduct dues, as
established by the Association, from the salaries of its members. The sums so
withheld shall be remitted by City along with a list of employees who have had said
dues deducted.
The provisions specified in this section shall not apply during periods of separation
from the representative Unit by any such employee, but shall reapply to such
employee commencing with the next full pay period following the return of the
employee to the representative Unit. The term separation includes transfer out of
the Unit, layoff, and leave without pay absences with a duration of more that 30
calendar days.
1.5. CITY RIGHTS
1.5.1. Defined City Rights
The City reserves, retains, and is vested with, solely and exclusively, all rights of
management which have not been expressly abridged by specific provision of this
Memorandum of Understanding or by law to manage the City, as such rights existed
prior to the execution of this Memorandum of Understanding. The sole and
exclusive rights of management, as they are not abridged by this Agreement or by
law, shall include, but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or non-existence of facts which are the basis
of the management decision.
3. To determine the necessity of organization or any service or activity
conducted by the City and expand or diminish services.
4. To determine the nature, manner, means technology, and extent of
services to be provided to the public.
5. Methods of financing.
6. Types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology, means
and size of the work force by which the City operations are to be
conducted.
8. To determine and change the number of locations, re -locations and
types of operations, processes and materials to be used in carrying out
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
all City functions including, but not limited to, the right to contract for or
subcontract any work or operation of the City.
9. To assign work to and schedule employees in accordance with
requirements as determined by the City, and to establish and change
work schedules and assignments.
10. To relieve employees from duties for lack of work or similar non -
disciplinary reasons.
11. To establish and modify productivity and performance programs and
standards.
12. To discharge, suspend, demote or otherwise discipline employees for
proper cause in accordance with the provisions and procedures set forth
in City Personnel Rules and Regulations.
13. To determine job classifications and to reclassify employees.
14. To hire, transfer, promote and demote employees for non -disciplinary
reasons in accordance with this Memorandum of Understanding and the
City's Personnel Rules and Regulations.
15. To determine policies, procedures and standards for selection, training,
and promotion of employees.
16. To establish employee performance standards including, but not limited
to quality and quantity standards; and to require compliance therewith.
17. To maintain order and efficiency in it facilities and operations.
18. To establish and promulgate and/or modify rules and regulations to
maintain order and safety in the City which are not in contravention with
this Agreement.
19. To take any and all necessary action to carry out the mission of the City
in emergencies.
The City and the Association agree and understand that if, in the exercise of rights
set forth above, the effect of said exercise of rights by the City impacts an area
within the scope of representation as set forth in the Myers/Milias/Brown Act and
case law interpreting said Act; or Federal law, the City shall have the duty to meet
and confer with the Association regarding the impact of its decision/exercise of
rights.
CHAPTER 2. COMPENSATION
2.1. SALARY
2.1.1. Goal
It is the goal of the City Council to continue to provide for all employees in the
bargaining unit represented by the San Rafael Police Association total
compensation in an amount equal to the following:
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
1. One dollar ($1.00) above the average of the total compensation paid
to the same or similar classifications in the following ten (10) cities:
Alameda, Fairfield, Hayward, Napa, Novato, San Leandro, Santa Rosa,
Sausalito, South San Francisco, and Vallejo. AND
2. The highest total compensation paid to the same or similar
classifications within each of the following Marin County police agencies:
Belvedere, Fairfax, Marin County Sheriff's Office, Mill Valley, Novato, Ross,
San Anselmo, Sausalito, Tiburon and Twin Cities.
To measure progress towards the above -stated goal, the City and the Association
will jointly survey the identified benchmark positions, which are Police Officer,
Police Sergeant, Communications Dispatcher, Police Records Clerk II, Police
Service Aide, and Parking Enforcement Officer.
Internal relationships of the benchmarks and other job classes are as follows:
BENCHMARK JOB CLASS RELATED JOB CLASSES I
Police Officer Police Corporal, Park Ranger, Police Recruit, Youth
Counselor
Police Sergeant Not applicable
Communications Dispatcher Civilian Supervisor, Evidence Technician
Police Records Clerk II Police Records Clerk I, Business Office Technician, Police
Cadet
Police Service Aide Not applicable
Parking Enforcement Officer Not applicable
To measure whether the goal has been reached, a survey of total compensation
for top step benchmark positions will be conducted annually during the month of
July, including all increases in place or to be effective no later than September 1
of that same year, of each year of this contract (1999, 2000, and 2001) for the
purpose of applying the excess General Tax Revenues, if any, described below. If
such General Tax Revenues are to be applied to a salary increase, there will be a
prospective wage increase for all classifications, beginning the first pay period
after the calculations noted below are completed.
In no event will salary or compensation increases available through the revenue
sharing provisions of this contract and provided for bargaining unit employees
cause the benchmark positions to exceed the stated goal. All related
classifications shall receive the same increases as those received by their
assigned benchmark position.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
General Tax Revenues shall be defined for this Chapter of the Memorandum of
Understanding to include the following taxes: Sales tax, Property Tax (Secured,
Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax,
Hotel Occupancy Tax, Business License Tax and Franchise Fees. No other
revenue sources of the City will be included in this definition.
2.1.2. Fiscal Year 99/00 Increase
Effective July 1, 1999, bargaining unit employees shall receive an increase of
2.8% in base salary. See Exhibit "A". If, after the above described increase, the
total compensation of top step benchmark positions have not reached the stated
goal, then bargaining unit employees in these and related job classes shall be
entitled to the following possible salary increases:
a. If General Tax Revenues of the City for fiscal year 1998-99 exceed
General Tax Revenues of the City for fiscal year 1997-98 as adjusted by
75% of the total compensation increase provided for fiscal year 1998-99,
then such members of the bargaining unit shall be entitled to apply 27.1%
of one-half (1/2) of the excess of fiscal year 1998-99 General Tax
Revenues over fiscal year 1997-98 General Tax Revenues adjusted for
75% of the total compensation increases provided to members in 1998-99,
for a salary increase.
b. Such application of the excess General Tax Revenues, as described
above, for a salary increase shall be based on the surveying of total
compensation for the benchmark positions. All related bargaining unit
classifications will receive the same percentage increase as received by
their assigned benchmark positions, but if the increase would cause the
benchmark position total compensation to exceed the stated goal, then only
that percentage needed to reach the goal for the benchmark position will be
applied to all related classifications.
2.1.3. Fiscal Year 00/01 Increase
Effective July 1, 2000, bargaining unit employees shall receive an increase of
2.0% in base salary. See Exhibit "B". An additional $60,543 will be applied to the
benchmark positions and related job classification that remain below the stated
goal as determined by the completed compensation survey. If, after the above
described increase, the total compensation of top step benchmark positions have
not reached the stated goal, then bargaining unit employees in these and related
job classes shall be entitled to the following possible salary increases:
a. If General Tax Revenues of the City for fiscal year 1999-2000
exceed General Tax Revenues of the City for fiscal year 1998-99 as
adjusted by 75% of the total compensation increase provided for fiscal
year 1999-2000 (in Section 2.1.2 above), then the members of the
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
bargaining unit shall be entitled to apply 27.1% of one-half (1/2) of the
excess of fiscal year 1999-2000 General Tax Revenues over fiscal year
1998-99 General Tax Revenues adjusted for 75% of the total
compensation increases provided to members in 1999-2000, for a
salary increase.
b. Such application of the excess revenues, as described above, for a
salary increase shall be based on the surveying of total compensation
for the benchmark positions. All bargaining unit classifications will
receive the same percentage increase as received by their assigned
benchmark positions, but if the increase would cause the benchmark
position total compensation to exceed the stated goal, then only that
percentage needed to reach the goal for the benchmark position will be
applied to all related classifications.
2.1.4. Fiscal Year 01/02 Increase
Effective July 1, 2001, bargaining unit employees shall receive an increase of
2.0% in base salary. See Exhibit "C". An additional $62,315 will be applied to the
benchmark positions and related job classifications that remain below the stated
goal as determined by the completed compensation survey. If, after the above
described increase, the total compensation of the benchmark position has not
reached the stated goal, then bargaining unit employees in these and related job
classes shall be entitled to the following possible salary increases:
a. If General Tax Revenues of the City for fiscal year 2000-2001
exceed General Tax Revenues of the City for fiscal year 1999-2000 as
adjusted by 75% of the total compensation increase provided for fiscal
year 2000-2001 (in Section 2.1.3 above), then the members of the
bargaining unit shall be entitled to apply 27.1% of one-half (1/2) of the
excess of fiscal year 2000-2001 General Tax Revenues over fiscal year
1999-2000 General Tax Revenues adjusted for 75% of the total
compensation increases provided to members in 2000-2001, for a salary
increase.
b. Such application of the excess revenues, as described above, for a
salary increase shall be based on the surveying of total compensation for
the benchmark positions. All bargaining unit classifications will receive
the same percentage increase as received by their assigned benchmark
positions, but if the increase would cause the benchmark position total
compensation to exceed the stated goal, then only that percentage
needed to reach the goal for the benchmark position will be applied to all
related classifications.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
2.2. COMPENSATION PLAN
The Compensation Plan adopted by the City Council shall provide for salary
schedules, rates, ranges, steps and any other special circumstances or items
related to the total compensation paid employees.
Each position within the classified services shall be allocated to its appropriate class
in the classification plan on the basis of duties and responsibilities. Each class shall
be assigned a salary range or a rate established in the salary plan. All persons
entering the classified service shall be compensated in accordance with the salary
plan then in effect.
All initial employment shall be at the first step of the salary range. The City Manager
or his/her designee may authorize, upon the recommendation of the Chief of Police,
a position at an appropriate higher salary when, in his/her opinion, it is necessary to
obtain (ing) qualified personnel or when it appears that the education or experience
of a proposed employee is substantially superior to the minimum requirements of
the class and justifies beginning salary in excess of the first step.
2.2.1. Pay Period
City employees are paid twice per month on the 15th and the last working day of the
month. When a holiday falls on a pay day, the pay day will be transferred to the
previous day of regular business unless the Finance Department is unable to
complete the payroll by that work day, in which case the pay day will be the day
following the holiday. The method of the distributing payroll shall be established by
the Finance Division.
2.3. SALARY STEP INCREASES
An employee may be considered for a step increase in accordance with the time
intervals established in the salary plan. Advancement to a higher salary within a
salary range may be granted for continued improvements and efficient and effective
service by the employee in the performance of his/her duties. Salary advancement
shall be made only upon the recommendation of the Chief of Police, with the
approval of the City Manager or their designee, and are not automatic, but based on
acceptable work performance.
Accelerated merit performance step increases of five percent (5%) may be granted
an employee based upon the recommendation of the Chief of Police and approval
of the City Manager.
2.4. MERIT PAY AWARD
Employees at the maximum step of their salary range may be granted a merit pay
award of up to five percent (5%) above and beyond their salary range. A merit pay
award may be effective for up to one (1) year. A merit pay award when expired is
not a disciplinary action and is not appealable. Merit pay awards may be granted in
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
recognition of meritorious performance beyond the scope of regular duties and in
response to extraordinary conditions.
2.5. CERTIFICATION INCENTIVE
The Educational Incentive Program for sworn employees of the Police Department
offers monthly payment for POST Intermediate and Advanced Certification as
follows:
Classification Intermediate Certificate Advanced Certificate
Police Sergeant $140.00 $190.00
Police Corporal $130.00 $177.50
Police Officer $120.00 $165.00
Effective the first of the month following adoption of this MOU 2.5. shall be
changed to read as follows:
The Certification Incentive Program for sworn employees of the Police
Department offers monthly payment for POST Intermediate and Advanced
Certification as follows:
Classification Intermediate Certificate Advanced Certificate
Police Sergeant $160.00 $210.00
Police Corporal $150.00 $197.50
Police Officer $140.00 $185.00
Effective July 1, 2001 the Certification Incentive Program for sworn employees of
the Police Department offers monthly payment for POST Intermediate and
Advanced Certification as follows:
Classification
Police Sergeant
Police Corporal
Police Officer
2.6. ADDITIONAL PAY
2.6.1. Court Pay
Intermediate Certificate
$170.00
$160.00
$150.00
Advanced Certificate
$220.00
$207.50
$195.00
Police employees who are required, in the course and scope of their official
employment, to appear in court or other official hearings other than during their
regular tour of duty or shift of hours, shall receive a minimum of three (3) hours
pay at the overtime rate, subject to the restrictions listed below.
If such appearance commences one (1) hour or less before the beginning of the
employee's regular tour of duty or shift of hours, then the employee shall be
compensated at the overtime rate for his/her actual time spent at the place of the
hearing, travel time to the department, and reporting for duty(ies) as assigned by
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
the on -duty Watch Commander, up until the beginning of the employee's regular
tour of duty or shift of hours.
If such appearance commences less than one-half (1/2) hour after the completion
of the employee's regular tour of duty or shift of hours, then the employee shall be
compensated at the overtime rate for actual time spent, beginning at the
conclusion of the regular tour of duty or shift of hours, and ending upon his/her
release from the court or hearing officer.
If such appearance commences during the employee's regular tour of duty or shift
of hours and continues beyond the normal completion time of the employee's
regular tour of duty or shift of hours, then the employee will be compensated at
the overtime rate for the actual time spent beyond the normal completion time of
said tour/shift.
If such appearance is required to be made by a member of the Department on a
regularly scheduled day off, then he/she shall receive a minimum of four (4) hours
pay at the overtime rate.
If an employee receives more than one subpoena for the same scheduled date,
with the first appearance compensated at a minimum of three hours (work day) or
four hours (day off) at the overtime rate, and the later appearance time(s)
commence(s) within that minimum time frame, then the employee shall receive
overtime compensation for the first minimum plus actual time spent at the
subsequent hearings. Should the minimum time frames for the scheduled
appearance times not overlap, then the appearances shall be compensated with
separated minimum payments at the overtime rates.
If an employee receives more than one subpoena for the same scheduled time,
he/she will receive the minimum time frame rate only once.
The Police Department will provide appearance information for police employees.
The department will be responsible for having such information available, when
known, by 6:00 p.m. If the matter is not canceled by 6:00 p.m., on the court day
preceding the appearance date, an employee shall receive minimum of three (3)
hours pay at the overtime rate, subject to the restrictions listed above. If an
employee is subpoenaed to make such appearance on a day off, he/she shall
receive a minimum of four (4) hours pay at the overtime rate, subject to the
restrictions listed above.
Nothing in the provision shall be construed to mean that the Association agrees in
any way to any method of "flex scheduling."
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
2.6.2. Call -Back Pay
Call-back pay shall be provided at one and one-half times the regular rate with a
two-hour minimum whenever required by the Department and with the expectation
that the full two (2) hours will be worked.
2.6.3. Stand By
The Chief of Police or his/her designee shall have the authority to place members
on standby status. Standby shall be used for special events when actual staffing
needs cannot be adequately determined beforehand. The order for standby shall
be in written form. Any standby order may be canceled with 24 hours notice. Any
order not canceled within 24 hours of the beginning time will remain in effect as
defined below:
Employees on standby status shall remain fit for duty and within a
maximum forty-five (45) minute response time of the San Rafael Police
Department during the time they are on standby.
Employees shall be compensated at one-half (1/2) their hourly pay rate for
each hour they are on standby.
2.6.4. Female Custodial Duties
Non -sworn employees who are requested to perform custodial duties related to
female and/or minor prisoners shall receive a minimum of one hour of pay, in
addition to their regular hourly rate of pay, for actual time served in this capacity
during a tour of duty or special duty.
2.6.5. Shift Differential
A three percent (3%) shift differential shall be paid for all represented employees
regularly scheduled to work fifty percent (50%) or more of their shift between the
hours of 3:00 p.m. and 10:00 p.m.
A five percent (5%) shift differential shall be paid for all represented employee
regularly scheduled to work fifty percent (50%) or more of their shift between the
hours of 10:00 p.m. and 7:00 a.m.
Employees assigned to work the swing or graveyard shift time periods on overtime
or in accordance with Section 5.3, Shift Changes, are excluded from shift
differential pay for those time periods.
Shift differential shall not be considered an additional percentage on salary for
personnel involved, but shall apply only to hours actually worked; e.g., differential
does not apply to sick leave, vacation or compensatory time, but does include
overtime for employees regularly assigned to the swing or graveyard shifts. The
current operational policies and provisions for shift rotation and assignment
remain in effect.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
2.6.6. Bilingual Pay
Expert Fluencv Proqram. A ten percent (10%) pay incentive shall be paid to up to
ten (10) designated bilingual employees (sworn or non -sworn).
Full Fluencv Proqram. A five percent (5%) bilingual pay incentive shall be paid to
up to ten (10) designated bilingual employees (sworn or non -sworn).
Conversational Fluencv Proqram. A Conversational Bilingual Program is
established which will entitle up to thirty-five (35) designated employees (sworn or
non -sworn) to a conversational bilingual incentive of $50 per month.
The City will pay, in advance, any authorized training or educational costs as
needed, to maintain a complement of up to thirty-five conversational, employees
up to amount equal to the cost of the One Twelve USA Program.
Employees enrolled in such bilingual training are obligated to reimburse the City
through payroll deductions over a period of three (3) years for one half the cost of
any such education after the completion of such course. The employee is
obligated to reimburse the City for the full amount of such educational costs if
he/she drops out of the education program or does not successfully pass the
certification test. In the event an employee must reimburse the full amount,
reimbursement shall be through payroll deductions over the course of three (3)
years or in full upon separation.
Within the limits established in the first three paragraphs of this section, to qualify
for the Expert or Full or Conversational Programs, employees must be certified as
proficient in a language deemed to be of work related value to the Police
Department as determined by the Chief of Police and approved by the City
Manager by established standards. It is agreed that the City will meet and confer
with the Association in order to establish standards for the Expert Fluency
Program with the understanding that the standards will focus on external testing
and/or certification satisfactory to the Chief of Police. Full or conversational
proficiency certification may be obtained by passing a standardized departmental
test (to be developed by the department) or a Fluency Certification of Completion
from One Twelve USA, or passing a departmental conversational test, or obtaining
a conversational certification issued by an agency approved by the Chief of Police.
Fluency in more than one foreign language does not entitle an employee to more
than one of the bilingual pay categories. Both parties agree to annual re-
certification of proficiency to continue eligibility for the bilingual differential.
Shift assignments and distribution of bilingual employees shall be at the discretion
of the Chief of Police.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
2.6.7. Special Response Team
The City will pay $100 per emergency call -out to members of the Special
Response Team (SRT) and Hostage Negotiations Team (HNT). Team members
shall be entitled to emergency call -out pay upon notification or specific request for
SRT or HNT related services, regardless of whether the emergency call -out
request is on a team or individual basis. The City will pay for the equipment for
SRT members, provided members obtain prior approval of the Chief of Police.
2.6.8. Field Training Officer (FTO)
A. The City has established a program for selection of Field Training
Officers. Field Training Officers will be paid five percent (5%) above their
salary while engaged in training of Police Officers and Police Service Aides.
The 5% FTO differential does not apply to Police Corporals. Shift
assignment will be at the discretion of the Chief of Police and based upon
the needs of the Department.
B. Non -sworn personnel in the job classifications of Police Records
Clerk, Communications Dispatcher, and Parking Enforcement Officer may
be formally assigned, in writing, to train employees in their new job
classifications. For actual hours spent training this new employee, during
the specified training period, the assigned trainer will be paid five percent
(5%) above their base salary.
2.6.9. Motor Officer Pay
Police Department personnel assigned to the following duty shall receive
additional compensation amounting to five percent (5%) of their basic monthly
salary: Operation of a solo -motorcycle for more than 50% of his/her work month.
CHAPTER 3. PROBATIONARY PERIOD
3.1. PURPOSE OF PROBATION
After passing an examination and accepting appointment, each employee shall
serve a period of probation beginning on the date of appointment. Such period shall
be for the purpose of determining the employee's ability to perform satisfactorily the
duties prescribed for the position.
3.2. LENGTH OF PROBATIONARY PERIOD
The probationary period on original and promotional appointments shall be eighteen
(18) months.
3.3. REJECTION DURING PROBATION
During the probationary period, an employee may be rejected at any time by the
Appointing Authority without the right of appeal; except as otherwise provided for by
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
the Public Safety Officers Bill of Rights Act, Government Code 3300, et.seq. for
sworn officers, and as provided for in applicable existing case law concerning
appeal rights/remedies of probationary employees.
3.4. EXTENSION OF PROBATIONARY PERIOD
The probationary period shall not be extended except in the case of extended
illness or injury or compelling personal situation during which time the employee was
unable to work. In such cases, the probationary period may be extended for the
length of time the ill or injured employee was unable to work.
3.5. NOTIFICATION OF EXTENSION OR REJECTION
Upon determining that a probationary employee's work is not satisfactory, the Chief
of Police shall notify the Personnel Officer in writing of his/her intention to terminate
the employee. After discussion with the Personnel Officer, the Chief of Police shall
notify the employee in writing of the extension or rejection.
3.6. REGULAR STATUS
Regular status shall commence with the day following the expiration date of the
probationary period.
3.7. PROMOTION OF PROBATIONARY EMPLOYEE
An employee serving a probationary period may be promoted to a higher position
classification provided the employee is certified from the appropriate Eligible List.
The employee promoted in this manner shall serve a new probationary period for
the position to which employee is promoted and the new probationary period and
promotional appointment shall be effective the same date.
3.8. UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION
An employee who does not successfully pass the promotional probationary period
shall be reinstated to the position in which the employee held regular status prior to
his/her promotion. Provided, however, that if the cause for not passing the
promotional probationary period was sufficient grounds for dismissal, the employee
shall be subject to dismissal without reinstatement to the lower position.
CHAPTER 4. HEALTH AND WELFARE
4.1. INSURANCES
Accident, Health, Life and Long Term Disability
4.1.1. Effective July 1, 1999
A maximum of $280 per month will be paid by the City toward the cost of each
eligible active or retired employee's health insurance premium. Active employees
shall have an additional $125 per month flexible benefits spending account which
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
they may apply towards the cost of health accident and life insurance and long-term
disability insurance (City or PORAC Plan) or to receive back through the pay back
program. (See 4.3 of this section). It is understood that the flexible benefits
spending account does not apply to retired employees.
4.1.2. Effective July 1, 2000
The base amount will increase from $280 to $295 per month.
4.1.3. Effective January 1, 2001
City will contract for a vision plan and pay the monthly premium cost (not to exceed
$10.55/mo. per employee) to enroll the employee. Employees will be eligible to
enroll qualified family members and will pay the premium costs for such enrollment.
4.2. PERS HEALTH INSURANCE BENEFITS
Upon reasonable advance notice to the Association, the City shall have the option
of either contracting with the Public Employees Retirement System (PERS) Health
Benefits Division for health insurance or contracting directly with some or all of the
providers of health insurance under the PERS program; provided, however,
contracting directly with the providers shall not cause any material reduction in
insurance benefits for active or retired employees from those benefits available
under the PERS program; and provided further such contracting shall not cause a
material increase in premiums for either the City or the employees. There shall be
no requirement for the City to meet and confer upon the City's exercising the option
described above in accordance with the provisions of this paragraph.
4.3. PAY BACK
The difference between the total allotted amount for active employees and the cost
of health, accident, life and long term disability insurances will be paid back to the
employee up to a maximum of $108 per month. Effective July 1, 1997 the
maximum pay back is $118 per month. Effective July 1, 1998 the maximum pay
back is $128 per month.
4.4. RETIREMENT CONTRIBUTION
The City will pay the full share of the employee's contribution, not to exceed seven
percent (7%) of salary, to the Marin county Retirement System. If the full amount of
the employee's contribution is less than seven percent (7%) of salary, then only the
full share shall be paid.
4.5. DENTAL INSURANCE
The City will provide a dental insurance program providing 100% coverage for
diagnostic and preventative care, $25 deductible on corrective coverage (80/20) per
eligible patient per calendar year, 80/20 cost sharing for cast, crowns and
restorations, and orthodontic coverage (50/50) within the limits prescribed in the
Group Plan document. The City shall continue the current or comparable program
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
and shall pay any increased premium rate increases from date of the increase for
the term of this M.O.U.
4.6. VACATION LEAVE
4.6.1. Eligibility:
Annual vacation with pay shall be granted each eligible employee. Employees will
be permitted to use accrued vacation leave after six (6) months of employment
subject to the approval of the department head.
4.6.2. Rate of Accrual:
Vacation benefits shall accrue during the probationary period. Each regular full time
employee shall commence to accrue vacation at the following rate for continuous
service (accrual is prorated for P/T employees):
The first three (3) years of continuous employment shall earn ten (10) working days
of vacation per year. Such entitlement shall accrue at the rate of five -sixths (5/6)
days per month.
From the beginning of the fourth (4th) year of service through the end of the tenth
(10th) year of service, fifteen (15) working days of vacation per year. Such
entitlement shall accrue at the rate of one and one fourth (1-1/4) days per month.
From the beginning of the eleventh (11 th) year of service through the fifteenth (15th)
year, twenty (20) working days of vacation per year. Such entitlement shall accrue
at the rate of one and two-thirds (1-2/3) day per month.
From the beginning of the sixteenth (16th) year of service and beyond, twenty-five
(25) working days of vacation per year. Such entitlement shall accrue at the rate of
two and one -twelfth 2-1/12) days per month.
4.6.3. Administration of Vacation Leave:
The City Manager, upon the recommendation of the department head, may
advanced un -accrued vacation to any eligible employee.
The time at which an employee may use his/her accrued vacation leave and the
amount to be taken at any one time shall be determined by the employee's
department head with particular regard for the needs of the City, but also, insofar
as possible, considering the wishes of the employee.
In the event that one or more City holidays falls within an annual vacation leave,
such holidays shall not be charged as vacation leave, unless the employee is on a
schedule to be paid for designated holidays in lieu of days off.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
Employees who terminate their employment shall be paid in a lump sum for all
accrued and unused vacation leave earned prior to the effective date of
termination.
The vacation cap provision of this policy became effective January 1, 1998. With
the effective date of this provision, employees represented by the San Rafael
Police Association:
• Would continue to accrue vacation leave at the rate prescribed for the
number of years they have worked for the City (as identified in the
Police Association MOU).
During each calendar year the policy is in effect employees would be
limited (cap) in the number of vacation hours they can carry over from
one year to the next (the cap limit would first apply to carrying over
hours into the 1999 calendar year). Any hours in excess of the
employees' cap would be forfeited, unless pursuant to this policy a
special circumstance applied and the employee received approval from
the City Manager (see below).
The carry over limit (cap) would be 240 hours. See chart below for cap
limit:
YEARS OF SERVICE
ACCRUAL PER
ACCRUAL PER
CAP
YEAR
MONTH
1 - 3 years
10 days or
.83 days or
240 hours*
80 hours
6.66 hours
4 - 10 years
15 days or
1.25 days or
240 hours*
120 hours
10 hours
11 - 15 years
20 days or
1.67 days or
240 hours*
160 hours
13.36 hours
16 + years 25 days or 2.08 days or 240 hours*
200 hours 16.68 hours
*NOTE:
This "Cap" level was adjusted effective with the 1999 calendar year.
Employees who are already above the maximum accrued balance (cap),
based on their accrual rate as of their accrued balance reflected on their pay
check stub received on the 12/31/97 pay date, would not lose those accrued
hours.
• Employees who are above the maximum accrued balance (cap), as of the
effective date of the policy (January 1, 1998) would continue to accrue
vacation; but they would have to use those vacation hours accrued during the
1998 calendar year during that same calendar year (these employees would
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
be prohibited from carrying over any additional hours as long as they were at
or above the carry over cap).
Employees may, for special situations, i.e., extended medical leave, request an
increase in their carry over cap. Each request would need to be in writing,
submitted through the department, and receive the approval of the Chief of
Police and the City Manager. Such requests would be reviewed on a case by
case basis and would be evaluated based on the reason for the request. This
additional carry over amount could not exceed one-half of the employee's
regular annual vacation accrual. In no case would the additional carry over
hours be extended beyond one additional year.
4.6.4. Vacation Sign-up
Vacation sign-ups shall occur every six months. The vacation sign-up procedure,
established in General Order 80-55, is to remain as it is at the present time. After
the second circulation of the vacation roster, there will be a voluntary sign-up period.
If there is a vacancy, then an employee will be allowed to coordinate his/her
vacation schedule to follow the employee's last day off.
4.6.5. Vacation Cash in
An employee, who has taken at least ten (10) days vacation in the preceding twelve
(12) months, may request in any fiscal year that accrued vacation, not to exceed
seven (7) days, be converted to cash payments and the request may be granted at
the discretion of the City Manager. Employees can not cash in more than seven (7)
days of vacation in any one twelve (12) month period.
4.7. SICK LEAVE ISSUES
4.7.1. Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave shall not
be considered a privilege which an employee may use at the employee's discretion,
but shall be allowed only in case of necessity and actual sickness or disability. The
employee is required to notify employee's immediate supervisor or department head
according to department Rules and Regulations at the beginning of his/her daily
duties. Every employee who is absent from his/her duties for two (2) consecutive
work days shall file with the Human Resources Manager should he/she so request,
a physician's certificate or the employee's personal affidavit stating the cause of the
illness of disability. The inability or refusal by said employee to furnish the
requested information, as herein required, shall constitute good and sufficient cause
for disciplinary action, including dismissal.
4.7.2. Accumulation
All eligible full time employees shall earn sick leave credits at the rate of eight (8)
hours per month commencing with the date of employment (accrual pro- rated for
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
P/T employees). Unused sick leave may be accumulated to an amount not to
exceed twelve hundred (1200) hours. The cap on sick leave accrual, 1200 hours, is
eliminated for accrual purposes only. The cap remains in effect for sick leave
separation payoff purposes.
4.7.3. Use of Sick Leave
An employee may use accrued sick leave during their probationary period. An
employee eligible for sick leave with pay shall be granted such leave for the
following reasons:
1. Personal illnesses or illness within the immediate family, or physical
incapacity resulting from causes beyond the employee's control; or,
2. Enforced quarantine of the employee in accordance with community
health regulations.
3. Medical appointments that cannot be scheduled during non -working
hours shall be charged to sick leave, unless the employee is a sworn
police officer.
4.7.4. Advance of Sick Leave
Whenever circumstances require, and with the approval of the City Manager, sick
leave may be taken in advance of accrual up to a maximum determined by the City
Manager, provided that any employee separated from the service who has been
granted sick leave that is un -accrued at the time of such separation shall reimburse
the City of all salary paid in connection with such un -accrued leave.
4.7.5. Sick Leave Balance
Upon separation from employment, by resignation, retirement or death, an
employee who leaves the City in good standing shall receive compensation for all
accrued, unused sick leave based upon the rate of three percent (3%) for each year
of service up to a maximum of fifty percent (50%).
Note: Refer to 4.7.2. for sick leave cap limitation for payoff purposes.
4.8. HOLIDAYS
The following holidays will be observed:
1.
New Year's Day
2.
Martin Luther King Day
3.
Washington's Birthday
4.
Lincoln's Birthday
S.
Memorial Day
6.
Independence Day
7.
Labor Day
8.
Admission Day
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
9. Veteran's Day
10. Thanksgiving Day
11. Day after Thanksgiving
12. Christmas Day
All represented employees in the Police Department shall receive straight time
compensation for every holiday worked or which falls on a regularly scheduled day
off in each given year which all other employees receive as time off. Said
compensation shall be paid twice each year on the first pay period of December and
the first pay period of June.
4.9. OTHER LEAVES
4.9.1. Bereavement Leave
In the event of the death of an employee's spouse, child, parent, brother, sister, in-
laws, relative who lives or has lived in the home of the employee to such an extent
that the relative was considered a member of the immediate family and/or another
individual who has a legal familial relationship to the employee and resided in the
employee's household, up to three (3) days of accrued sick leave within the State
and up to five (5) days of accrued sick leave out-of-state may be granted for
bereavement leave.
In those cases where the death involves an individual who had such a relationship
with the employee, as defined above, the employee shall sign a simple affidavit
describing the relationship and submit this to the Chief of Police as part of the
request for bereavement leave.
4.9.2. Military Leave
Military leave shall be granted in accordance with the State of California Military and
Veteran's Code as amended from time to time. All employees entitled to military
leave shall give the Chief of Police an opportunity, within the limits of military
regulations, to determine when such leave shall be taken.
4.9.3. Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager upon the
written request of the employee. Applicable accrued leave must be exhausted prior
to the granting of leave without pay.
4.9.4. Industrial Injury Leave
For benefits under Workers Compensation, an employee should report any on the
job injury to his/her supervisor as soon as possible, preferably within twenty-four
(24) hours. The City Manager's office coordinates benefits for Worker's
Compensation claims.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
For further information, see the Industrial Accidents and Injuries section of the City's
Injury and Illness Prevention Program.
All regular, full time employees of the City who have suffered any disability arising
out of, and in the course of their employment as defined by the Worker's
Compensation Insurance and Safety Act of the State of California, and who are
receiving or shall receive compensation from the insurance carrier for such
disability, and during the first seven (7) days after such disability when
compensation is not paid by the insurance carrier, shall be entitled to remain absent
from duty with pay until such time as they are able to return to duty or some other
final disposition is made of their case, provided, however, compensation leave
payments shall not exceed the following limitations:
NON -SAFETY EMPLOYEES
Compensation leave payments shall not exceed the employee's regular full pay for
the first three (3) calendar months and three-fourths (3/4) of the regular full pay for
the following six (6) calendar months. Worker's Compensation checks due the
employee will be made payable to the City of San Rafael and the employee. After
said check is properly endorsed, it shall be deposited with the City Treasurer.
SAFETY EMPLOYEES
Compensation leave payments shall not exceed the employee's regular full pay for
the first twelve (12) calendar months. Worker's Compensation checks due the
employee will be made payable to the City of San Rafael and the employee. After
said check is properly endorsed, it shall be deposited with the City Treasurer.
All other employees shall be entitled to such compensation as may be allowed them
by the Worker's Compensation Insurance and Safety Act of the State of California.
4.9.5. Jury Duty
Employees required to report to jury duty shall be granted a leave of absence with
pay from their assigned duties until released by the court, provided that the
employee provides advance notice to the Chief of Police and remits to the City all
per diem service fees except mileage or subsistence allowance within thirty days
from the termination of such duty.
4.9.6. Medical Leave of Absence
Family leave shall be granted in accordance with the federal Family and Medical
Leave Act of 1993 and the California Family Rights Act of 1991. Requests for
Family Care Leave are submitted to the Chief of Police for approval and reviewed
by the Human Resources Manager for consistency with the law prior to approval.
Employees approved for this type of leave must use appropriate accrued and
unused vacation leave and/or compensatory time before going on leave without
pay status. Accrued and unused sick leave may be used if requested. Sick leave
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
usage is to be consistent with the sick leave provisions of the M.O.U. To be
eligible for this family leave benefit, an employee must have worked continuously
for the City of San Rafael for at least 12 months.
4.9.7. Absent Without Authorized Leave
An unauthorized absence of an employee for three consecutive work days shall
constitute grounds for termination.
4.9.8. Catastrophic Leave
Employees may donate accrued leave to other employees suffering from a
catastrophic illness or injury either to themselves, a spouse, a parent or to a
dependent minor child. Catastrophic leave is a paid leave of absence due to life
threatening verifiable long-term illness or injury such as, but not limited to, cancer
or heart attack which clearly disables the individual. Employees who have
successfully completed 2,080 hours or one year in paid status shall be eligible for
catastrophic leave due to their own serious illness or injury or serious illness or
injury to spouse, parent, or dependent minor child.
The employee must first exhaust all accrued sick leave, vacation leave, and
compensatory time before qualifying for catastrophic leave. Catastrophic leave
shall be additional paid leave available from vacation, sick leave, or administrative
leave hours donated by other employees to a specific qualified employee.
Employees donating vacation, sick leave, or administrative leave must donate in
increments of whole hours. The donating employee must have a vacation leave
balance of at least 40 hours after the donation of vacation leave. The donating
employee may not donate more than one-half of their accrued sick leave, and
must be left with a balance of at least eighty (80) hours of accrued sick leave after
the donation. Employees may donate all of their administrative leave.
An employee requesting catastrophic leave must receive the recommendation of
the Chief of Police and the approval of the City Manager. Such leave may
(initially) be approved for up to a maximum of 680 hours and donated to the
eligible employee in four installments of 170 hours. If the catastrophic illness or
injury continues beyond the first installment, then additional hours, based on the
hours in reserve and/or additional hours donated may be available. After the
second installment, if the eligible employee still needs hours the City shall accept
donations from any employee, based on the established criteria, regardless of
bargaining group. The Administrative Services Bureau shall account for the
donation and disbursement of catastrophic leave hours. All time donated will be
credited on an hour -to -hour basis regardless of hourly pay differentials between
the donating employee and recipient.
Catastrophic leave shall not be used in conjunction with any long or short term
disability benefits or Worker's Compensation Leave. While an employee is on
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
catastrophic leave, using donated hours, the employee shall not accrue any
vacation or sick leave.
CHAPTER 5. HOURS OF WORK
5.1. WORK WEEK
5.1.1. Established Work Week.
For the Police Department the established work week shall be 0001 Sunday through
2400 hours Saturday. An employee's normal total number of work hours per year
shall be 2080 hours.
5.1.2. Alternative Work Schedules.
Both parties agree that at the discretion of the Chief of Police, alternative work
schedules which include a total of 2080 annual working hours if mutually agreed to,
may be implemented for designated periods of time for all represented employees
for the lifetime of this M.O.U. Any new alternative work schedule established during
the term of this M.O.U. shall initially be established on a six month trial basis.
During the trial period if there is a significant increase in overtime costs attributable
to the trial plan, or significant increases in sick leave usage or workers
compensation claims the department may opt to stop the trial work schedule.
For illustration and definition purposes the following chart is prepared:
Schedule
Definition
4-10
Four (4) consecutive ten (10) hour days with three (3) consecutive days off.
5-8
Five (5) consecutive eiqht (8) hour days with two (2) consecutive days off.
6-3
Six (6) consecutive eight and one-half (8 1/2) hour days with three (3)
consecutive days off.
5-9
Five (5) consecutive work days, four of which are nine (9) hour days and the
last of which is an eight and one-half (8 1/2) hour day with two consecutive
days off, followed by four (4) consecutive work days, three (3) of which are
nine (9) hour days and the last of which is an eight and one-half (8 1/2) hour
day with three (3) consecutive days off.
3-12
Ten (10), twelve (12) hour shifts (120 hours) within a three week (21 day)
period. In each of two weeks, the employee will be expected to work three
consecutive days of twelve (12) hours each. In the remaining week, the
employee will be expected to work four (4) consecutive days of twelve (12)
hours each.
No overtime will be earned unless the member works more than twelve (12)
hours on any single day or more than thirty six hours in a week where the
employee was scheduled to work three (3), twelve (12) hour shifts. No
overtime will be earned unless the employee works more than twelve (12)
hours on any single day or more than forty eight hours in a week where the
employee was scheduled to work four (4) twelve (12) hour shifts.
The following Alternative work schedules are currently being used:
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
PATROL:
A system consisting of a 5-9 plan for graveyard officers; a combination 5-8/4-10 plan
for day shift and swing shift officers; and a 4-10 plan for motorcycle officers.
Sergeants supervising patrol shifts shall work a 4-10 plan. The shifts listed are
basic shifts that must be filled in order to meet the minimum staffing levels. If an
officer filling one of those shifts is absent for a period of a week or longer, another
officer may be required to change shifts to fill the vacancy in accordance with the
existing provisions of the M.O.U. regarding changes of assignments.
The rosters anticipate a minimum of twenty-seven officers being assigned to patrol
in a duty status in the indicated shifts. In the event twenty-seven officers are not
available, the department may opt to return to five eight hour shifts per week for all
patrol officers.
It is the department's intent to match staffing levels with calls for service. If calls for
service change, the department may alter the hours of shifts to meet the change.
Sign ups will be done in the same manner as in the past. Corporals may sign up for
eight or ten hour shifts provided they do not take both Saturday/Sunday (unless the
other corporal takes weekdays).
DETECTIVES:
A4-10 or 5-8 plan for all detectives with the approval of the Bureau Commander.
FRONT OFFICE:
A system combining 5-8/4-10 for all front office Records Clerks.
COMMUNICATIONS:
A 4-10 plan for all dispatchers.
5.1.3. Sergeant's Schedule:
1. The Sergeants will have their requests for scheduled vacation time turned
into the Bureau Commander by the 10th of the previous month.
2. Their schedule will be completed by the 15th of the previous month.
3. Any time worked over their normal work schedule is O/T.
4. Corporals can be used as relief and/or Sergeants from other work units
can be used as relief.
5.1.4. Shift Rotation
For members of the Patrol Bureau and Information Services Bureau, the spring
rotation shall begin on the Sunday nearest the 15th of March and the fall rotation
shall begin on the Sunday nearest the 15th of September.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
Sergeants assigned to Patrol may select their shift by seniority, within rank. After
one rotation on a shift, a Sergeant can stay on that shift as long as a Sergeant with
more seniority does not want it. After a year on the same shift, a Sergeant can stay
longer only if no other Sergeant wants it regardless of seniority. If a Sergeant works
a complete rotation on Graveyard, he/she does not have to work it again until the
other 5 Sergeants in Patrol have worked it. If a Sergeant works two complete and
continuous rotations on Day or Swing, and he does not want to stay on that shift,
and no one will voluntarily take the shift, then the next junior Sergeant would have to
take the shift. The Sergeant coming off the shift would then choose a different shift,
based on his/her seniority. This paragraph shall not apply to probationary
Sergeants.
Corporals assigned to Patrol may select their shift by seniority, within rank. After
one rotation on a shift, a Corporal can stay on that shift as long as a Corporal with
more seniority does not want it. After a year on the same shift, a Corporal can stay
longer only if no other Corporal wants it regardless of seniority. If a Corporal works
a complete rotation on Graveyard, he/she does not have to work Graveyard again
until the other Patrol Corporals have worked it. If a Corporal works two complete
and continuous rotations on Day or Swing, and he/she does not want to stay on that
shift, and no one will voluntarily take the shift, then the next junior Corporal would
have to take the shift. The Corporal coming off of the shift would then choose a
different shift, based on his/her seniority. This paragraph shall not apply to
probationary Corporals.
Probationary officers working in Patrol shall be assigned to a shift pursuant to the
current practice of the Field Training Program.
Officers assigned to Patrol and not on probation may select their shift by seniority,
within rank. An Officer may stay on a shift for a maximum of two rotations, at which
time he/she shall rotate to a different shift of his/her choice, by seniority, with the
following exception: All Officers that have been continuously employed by the
Department as sworn peace officers for fifteen (15) years or more may use their
seniority, within rank, to remain on any patrol shift for as many rotations as they
wish.
5.1.5. Patrol Briefing Periods
Patrol briefing periods will be conducted within Patrol employees designated shifts.
5.1.6. Employee Break and Meal Periods
Employee break and meal periods are as follows:
1. Uniformed Patrol employees: One 15 minute break in first half of shift and
one 45 minute meal period as scheduled and approved by the designated
supervisor.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
2. All other employees: One 15 minute break to be taken in the first half of the
shift, one fifteen minute break to be taken in the second half of the shift, anc
one 30 minute meal period as scheduled and approved by the designated
supervisor. Combination of meal and break period must have prior
supervisory approval.
3. No changes will be made in break and meal periods that would alter an
employee's regularly scheduled working time without the advance approval
from the employee's supervisor.
4. Break and meal periods are paid time and, as such, departmental needs will
take priority. In the event that work demands preclude an employee from
taking his or her break, and/or meal period, the employee will not be eligible
for overtime compensation.
5.2. OVERTIME
All represented employees who are required to work in excess of their basic work
day shall on forms provided by the Police Department designate whether they want
the time accrued as compensatory time (C.T.) or paid as overtime at the rate of time
and one-half. Compensatory time will be allowed to accrue to a maximum of sixty
(60) hours. As long as an employee has a current compensatory time balance of
sixty hours he/she must select the pay option for overtime worked. After initial
selection (O/T pay - C.T.) if an employee wants to convert compensatory time to
cash, or visa versa, the employee must submit a written request to the Chief of
Police and approval shall be at the discretion of the Chief of Police.
Effective January 1, 2000 a calendar year compensatory time accrual cap will be
established at 120 hours. Effective with this change employees who have a
compensatory time balance in excess of this new cap (120 hours) will receive pay
in lieu of continued carrying of these hours from the City on the next available
payroll. Employees who begin this policy change period with a balance of
compensatory time shall not be able to accrue any additional compensatory time
beyond a total of 120 hours during the calendar year. For example an employee
who has 40 hours of compensatory time as of the date of this policy change would
not be able to accrue more than 80 hours of compensatory time during the
calendar year. At the end of each calendar year, any unused accrued time may
be carried over to the next calendar year and said balance would affect the
employees' ability to accrue additional compensatory time. Where any special
verbal/written agreements regarding carrying additional hours above the cap to be
in existence at the time of implementation, these agreements would sunset no
later than December 31, 1999, and any remaining compensatory time balance
above the 120 hour cap will be paid in cash.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
Before any Sergeant will be allowed to work an overtime shift replacing a beat
officer, the overtime opportunity shall be posted for forty-eight (48) hours to allow
officers to sign up. Only if officers fail to sign up, or the need to replace a beat
officer arises with less than forty-eight (48) hours notice, will sergeants be given the
opportunity to work overtime in place of an officer/corporal. This restriction shall not
apply to special events or foot beat duty.
Both parties agree that any changes in the overtime provisions of this M.O.U. are
subject to the meet and confer process.
All entry level employees hired after November 15, 1998 shall not be allowed to
accrue and bank any compensatory time until they have successfully completed
their probationary time. Any overtime worked during their probationary time shall
be paid. This section does not apply to any employee that is promoted within the
police department, and due to that promotion, is required to complete a
probationary period.
5.2.1. Requests For Compensatory Time Off.
In the event that the granting of a request for compensatory time off creates one or
more vacancies which bring the shift below the minimum staffing level or which
otherwise needs to be filled, then the current practice will be utilized as follows: The
supervisor will post the vacant slot(s) to be voluntarily back-filled with overtime. If
one or more vacancies still exist then the supervisor will 1) assign personnel from
the previous shift to hold over at the overtime rate, and/or 2) assign personnel from
the following shift to report early at the overtime rate, and/or, in civilian work units, 3)
assign personnel to work on their day(s) off.
Effective November 15, 1998, all employees shall be granted compensatory time
off when submitted at least 72 hours in advance of the requested time off. If an
employee makes a request for compensatory time off with less than 72 hours
advance notice and this request does not bring the shift below one above
minimum staffing, then the employee shall be granted the time off. If the granting
of the request would bring the shift to minimum staffing then the granting of the
request would be at the discretion of the Chief of Police or his designee.
5.3. SHIFT CHANGES
Changes in the days or hours of the regular work schedule of an employee shall
entitle such employee to overtime compensation at the rate of time and one-half for
any hours worked outside the employee's regular work schedule unless the City has
given the employee a minimum of seven (7) days advance notice of such a change.
No advance notice to employees by the City of shift change shall be required and
no overtime shall be paid when shift changes occur as a result of work related
emergencies, i.e., multiple sicknesses, disabilities or injuries; an unplanned for
vacancy or shortage occurring less than seven days in advance of the shift change
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
if the employee is given a minimum of twelve hours advance notice or at the specific
request of an employee. If a shift change is due to work related illness or accident,
it shall be considered an emergency and no overtime will be paid.
If an employee is called in early to cover shortages due to non -work related
sicknesses or injury, then time and one-half shall be paid for hours spent outside the
regularly assigned shift.
Vacancies of less than one work week will be filled by overtime rather than shift
changes.
This section shall not apply to personnel shortages arising from mutual aid requests,
states of emergency declared by the Mayor, Board of Supervisors, Governor or the
President or unplanned for critical incidents or situations of more than twenty-four
hours duration.
CHAPTER 6. TERMS AND CONDITIONS OF EMPLOYMENT
6.1. DEMOTION AND SUSPENSION
The Chief of Police or designee may demote an employee when the following
occurs:
A. The employee fails to perform his/her required duties;
B. The need for a position which an employee fills no longer exists;
C. An employee requests such a demotion.
No employee shall be demoted to a classification for which he/she does not
possess the minimum qualifications.
When the action is initiated by the Chief of Police, written notice of demotion shall
be provided to an employee at least ten (10) working day before the effective date
of the demotion, and a copy filed with the Personnel Office. Withholding a salary
step increase, or withdrawing a merit step increase within or above the salary range
of the employee's position shall not be deemed a demotion.
Disciplinary demotion action shall be in accordance with Chapter 7, "Disciplinary
Action."
The Chief of Police or designee may suspend an employee from a position at any
time for disciplinary purpose. Intended suspension action shall be reported
immediately to the Personnel Officer, and shall be taken in accordance with Chapter
7, "Disciplinary Action."
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
6.2. TERMINATION OF EMPLOYMENT
6.2.1. Resignation
An employee wishing to leave the City service in good standing shall file with his/her
immediate supervisor, at least fourteen (14) days before leaving the service, a
written resignation stating the effective date and reason for leaving. A copy of the
resignation shall be forwarded to the Chief of Police and Personnel Office.
6.2.2. Termination - Lay Off
The Appointing Authority may terminate an employee because of changes in duties
or organization, or abolition of position, or shortage of work or funds, or completion
of work for which employment was made.
6.2.3. Termination - Disciplinary Action
An employee may be terminated at any time for disciplinary action, as provided in
Chapter 7, "Disciplinary Action."
6.2.4. Retirement
Retirement from the City services shall, except as otherwise provided, be subject to
the terms and conditions of the City's contract as amended from time to time, with
the Marin County Retirement System.
6.2.5. Rejection During Probation
An employee may be terminated from their position during the probationary period
of their initial appointment to the City's classified service without right of appeal.
CHAPTER 7.
7.1. AUTHORITY
DISCIPLINARY ACTION
The City shall have the right to discharge or discipline any employee for dishonesty,
insubordination, drunkenness, incompetence, negligence, failure to perform work as
required or to observe the Department's safety rules and regulations or for engaging
in strikes, individual or group slowdowns or work stoppages, or refusal to accept
overtime, or for violating or ordering the violation of the Memorandum of
Understanding.
7.2. DEFINITION
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary,
suspension resulting in loss of pay, transfer for purposes of punishment, and written
reprimand.
7.3. CAUSES FOR DISCIPLINARY ACTION
The City may discipline or discharge an employee for the following:
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
A. Fraud in securing appointment.
B. Negligence of duty.
C. Violation of safety rules.
D. Unacceptable attendance record, including tardiness, overstaying lunch
or break periods.
E. Possession, Distribution or under the influence of alcoholic beverages,
non -prescribed or unauthorized narcotics or dangerous drugs during
working hours.
F. Inability, unwillingness, refusal or failure to perform work as assigned,
required or directed.
G. Unauthorized soliciting on City property or time.
H. Conviction of a felony or conviction of a misdemeanor involving moral
turpitude.
I. Unacceptable behavior toward the general public or fellow employees or
officers of the City.
J. Falsifying employment application materials, time reports, records, or
payroll documents or other City records.
K. Disobedience to proper authority.
L. Misuses of City property.
M. Violation of any of the provisions of these working rules and regulations or
departmental rules and regulations.
N. Disorderly conduct, participation in fights, horseplay or brawls.
O. Dishonesty or theft.
P. Establishment of a pattern of violations of any City policy or rules and
regulations over an extended period of time in which a specific incident in
and of itself would not warrant disciplinary action, however, the
cumulative effect would warrant such action.
Q. Failure to perform to an acceptable level of work quality and quantity.
R. Insubordination.
S. Other acts inimicable to the public service.
T. Inability or refusal to provide medical statement on cause of illness or
disability.
7.4. APPEALS
If an employee feels he or she has been unjustly disciplined/discharged, he or she
shall have the right to appeal his or her case through the appropriate procedure. A
transfer for purpose of punishment not resulting in economic loss and a written
reprimand shall only be appealable up to the level of the City Manager or "his/her
designee and not eligible for arbitration. Discharge/dismissal, demotion, reduction
in salary, suspension resulting in loss of pay, and transfer for purposes of
punishment resulting in economic loss shall be appealable up to the level of
arbitration. Such appeal must be filed with the City Manager by the employee in
writing within five (5) working days from the date of receipt of the notice of
discipline/discharge letter and unless so filed the right of appeal is lost.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
7.5. CITY MANAGER AND ARBITRATION
The employee (Appellant) may request the appeal be heard by the City Manager or
may request arbitration. If arbitration is requested, representatives of the City and
the employee (Appellant) shall meet promptly to select a mutually acceptable
arbitrator, and to the extent possible for both parties the selection of the arbitrator
should be made within 60 days of the request for arbitration. The fees and expenses
of the arbitrator and of a court reporter shall be shared equally by the Association
and the City.
A hearing before the arbitrator shall be held within sixty days of the selection of the
Arbitrator unless the mutually acceptable Arbitrator's schedule does not so permit.
The arbitrator shall not have the power to amend or modify either party's position;
but shall rule on the merits of each party's case as presented during the hearing.
Decisions of the Arbitrator on matters properly before them shall be final and
binding on the parties hereto, to the extent permitted by the Charter of the City.
CHAPTER 8 GRIEVANCE PROCEDURE
8.1. DEFINITION
A grievance is any dispute which involves the interpretation or application of any
provision of this Memorandum of Understanding.
8.2. INITIAL DISCUSSIONS.
Any employee who believes that he or she has a grievance may discuss his or her
complaint with the top management official in the Police Department or with such
subordinate management official as the Chief of Police may designate. If the issue
is not resolved within five (5) working days in the Department, or if the employee
elects to submit his or her grievance directly to an official of the employee
organization which is formally recognized as the representative of the classification
to which he or she is assigned, the procedures hereafter specified may be invoked.
8.3. REFERRAL TO CITY MANAGER
Any employee or any official of the employee organization which has been formally
recognized by the City and which has jurisdiction over any position directly affected
by the grievance may notify the City Manager and Police Chief in writing that a
grievance exists, and in such notification, state the particulars of the grievance and,
if possible, the nature of the determination which is desired. No grievance may be
processed under subsection 8.4 below which has not first been heard and
investigated in pursuance of subsection 8.2. A grievance which remains unresolved
thirty (30) calendar days after it has been submitted in writing may be referred to the
next step (8.4).
Any time limit may be extended to a definite date by mutual agreement of the
Association and the appropriate management representative.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
8.4. CITY MANAGER AND ARBITRATION
If the grievance is not resolved at the previous step, the grievant, the Association, or
the City may, after completion of the previous step in the grievance procedure,
submit the grievance by written notice to the City Manager. If arbitration is
requested, representatives of the City and the Association shall meet promptly to
select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and
of a court reporter shall be shared equally by the Union and the City. Each party,
however, shall bear the cost of its own presentation, including preparation and post
hearing briefs, if any. A hearing before the arbitrator shall be held within sixty days
of the selection of the Arbitrator unless the mutually accepted Arbitrator's schedule
does not so permit, and the arbitrator shall render a decision, within sixty days of the
completion of the hearing unless the Arbitrator's schedule does not so permit, which
is binding on the parties hereto, to the extent permitted by the Charter of the City.
8.5. NO ABRIDGMENT OF OTHER RIGHTS OF APPEAL
The provisions of this grievance procedure shall not abridge on rights granted to
employees under the City Charter or City ordinances, resolutions, rules and
regulations providing other procedures for resolving disputes, except that an
employee may not submit a grievance to an arbitrator in accordance with this
grievance procedure if the employee has elected to use another procedure available
under the City Charter or City ordinances, resolutions, rules and regulations for the
resolution of his or her grievance.
If an employee feels he or she has been unjustly discharged/disciplined, the
employee shall have the right to appeal his/her case pursuant to Chapter 7.4. Such
appeals must be filed in writing within five (5) working days from date of receipt of
the notice letter of discharge/discipline and unless so filed the right of appeal is lost,
but, in the event that the dispute is carried to arbitration and that such employee is
found to have been properly discharged/disciplined under the provisions of Chapter
7, such employee may not be ordered reinstated and no penalty may be assessed
upon the Employer. The arbitrator shall not have the power to amend or modify
either party's position; but shall rule on the merits of each party's case as presented
during the hearing.
In addition to the arbitrators proposed by the State Mediation and Conciliation
Service, the parties shall be free to select from a pool of arbitrators mutually agreed
to by the City and the Association. The parties shall continue to meet and confer,
after the adoption of this MOU on a mutually agreeable panel of arbitrators. Once
agreed to the panel shall be identified by side letter to the MOU.
8.6. PAY CLAIMS
All complaints involving or concerning payment of compensation shall be filed in
writing and no adjustments shall be retroactive for more that thirty (30) days from
the date of filing.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
8.7. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE OF THE
MEMORANDUM OF UNDERSTANDING
In those cases where the matter concerns any rule or policy or administrative
procedure of the City contained in the City Charter, the Personnel Ordinance, or the
Personnel Rules and Regulations which are adopted pursuant to the City Charter,
the appeal procedures contained therein shall be utilized.
CHAPTER 9. MISCELLANEOUS
9.1. EMPLOYER -EMPLOYEE RESOLUTION
The City and the Association agree to abide by the City of San Rafael's Employer -
Employee Relations Resolution.
9.2. UNIFORM ALLOWANCE
Each of the following represented classification will receive a uniform allowance for
each six (6) months of service ending June 30 and December 31 as follows:
Effective July 1, 1999
Classification Semi - Annual Annual
A. All sworn employees, Police Service Aide's $325.00 $650.00
and Parking Enforcement Officers
B. Non sworn Administrative/Service $250.00 $500.00
C. All other represented employees $300.00 $600.00
D. A pro -rated portion of the allowance may be given for the first and last six (6) months of
service upon recommendation of the Police Chief and approval of the City Manager or their
designee.
The previously stated language in the chart to be replaced with the following:
Effective January 1, 2000:
Classification Semi - Annual Annual
A. All sworn employees, Police Service Aide's $350.00 $700.00
and Parking Enforcement Officers
B. All other represented employees $300.00 $600.00
C. A pro -rated portion of the allowance may be given for the first and last six (6) months of
service upon recommendation of the Police Chief and approval of the City Manager or their
designee.
Effective January 1, 2001
Classification Semi - Annual Annual
A. All sworn employees, Police Service Aide's $375.00 $750.00
and Parking Enforcement Officers
B. All other represented employees $325.00 $650.00
C. A pro -rated portion of the allowance may be given for the first and last six (6) months of
service upon recommendation of the Police Chief and approval of the City Manager or their
designee.
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
9.3. OUTSIDE EMPLOYMENT
All employees of the Police Department should refer to Departmental General
Orders for the policy and procedures related to outside employment.
9.4. GRATUITIES/SOLICITATION OF CONTRIBUTIONS
All employees of the Police Department should refer to Departmental General
Orders for the policy and procedures related to gratuities/solicitation of contributions.
9.5. RETURN OF CITY EQUIPMENT
Upon termination of employment, all City property assigned to an employee shall be
returned.
9.6. POLITICAL ACTIVITY
The political activity of City employees shall comply with pertinent provisions of
State and Federal Law.
9.7. EMPLOYMENT RELATIONSHIPS
The City retains the right:
1. To refuse to place one party to a relationship under the direct supervision
of the other party to a relationship where such has the potential for
creating adverse impact on supervision, safety, security or morale.
2. To refuse to place both parties to a relationship in the same Bureau or
shift where such has the potential for creating adverse impact on
supervision, safety, security, or morale or involves potential conflicts of
interest.
9.8. PERSONNEL RULES
Both parties agree to the Personnel Rules and Regulations revised in 1994. In
the event that conditions appear in both the Rules and Regulations and the
M.O.U., the M.O.U. prevails.
9.9. DRUG AND ALCOHOL POLICY
The City and Association jointly recognize alcoholism and drug abuse as illnesses
which may be treatable. The parties are concerned regarding alcoholism and
drug problems which cause poor attendance and unsatisfactory employment
related performance and/or which may pose a danger to employees or the public.
Therefore, the City and Association endorse the concept of a drug free work
place.
Possession, sale, use, or being under the influence of drugs or alcohol while on
the job is strictly prohibited. Employees violating this policy are subject to
discipline, up to and including termination. When reasonable cause (relates to
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
readiness and/or ability to perform job responsibilities) exists, the City may require
employees to submit to a medical examination, including but not limited to a urine
or blood analysis, to determine whether the employee is using drugs or alcohol.
Said testing shall occur on City time and be paid for by the City. An employee's
failure to submit to a medical examination will be considered an act of
insubordination, and therefore, subject to disciplinary action.
Depending on the circumstances causing the order for medical examination,
employees testing positive may be subject to discipline, up to and including
termination. Upon being informed that the employee tested positive, the
employee may request a meeting with the Human Resources Manager and the
Chief of Police to review the test results and provide the employee's explanation
for such results.
Employees are encouraged to voluntarily participate in the City sponsored
employee assistance program (EAP). However, EAP participation may be a City -
mandated alternative to disciplinary action arising out of a violation of the City's
drug and alcohol policy.
As a course of participating in the EAP on a mandated basis, an employee may
be required to enter into a "return to work agreement," with the City. Said
agreement shall stipulate ongoing freedom from drug and/or alcohol use as a
condition of continued employment.
Employees who seek voluntary assistance for alcohol and/or substance will not be
disciplined for seeking such assistance. Requests from employees to the Chief of
Police for such assistance shall remain confidential and shall not be revealed to
other employees or management personnel, who do not have a need to know,
without the employee's consent. Employees enrolled in substance abuse
programs shall be subject to all Employer rules, regulations and job performance
standards with the understanding that an employee enrolled in such a program is
receiving treatment for an illness.
An employee who is disciplined/discharged for inappropriate alcohol and/or drug
use may appeal such action pursuant to Chapter 7.4 of the Memorandum of
Understanding.
9.10. MEDICAL STANDARDS
Both parties agree to meet and confer over medical Standards as they may related
to non -placement issues.
9.11. TEMPORARY LIGHT DUTY POLICY STATEMENT
The purpose of this temporary light duty program is to minimize the losses of
productive time, while at the same time reintroducing the employee to work sooner
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
to prevent deterioration of skills, facilitate recovery and reduce income loss. Light
duty assignments will be structured so that employees are not placed in a duty
status that would aggravate or reincur an injury or illness. Light duty assignments
are to be limited to temporary periods and are not to be used to create a
permanent light duty assignment.
1. Coveraqe
Any employee who suffers a temporary and partial disability due to
an industrial or non -industrial injury or illness will be covered by this
light duty program.
2. Determination/Required Reports
a. Light Duty assignments may be made following evaluation
and determination by the department head. The
determination will be based on available medical information,
and consultation with the employee or the affected supervisor.
Determination will also be based on the needs of the City and
the impact of light duty departmental operations.
b. After the initial report, updated medical reports shall be
submitted to the department head at two week intervals, or at
other agreed upon intervals, for as long as the employee is off
work. Reports will be required for all industrial or non-
industrial injuries or illnesses regardless of whether or not a
light duty assignment has been made.
C. Reports will be evaluated by the department head for
purposes of continuing or terminating a current light duty
assignment or to determine when to commence a light duty
assignment.
3. Liqht Dutv Assiqnments - Definitions/Restrictions
a. Light duty assignments may consist of reduced work hours,
limited work or any combination thereof.
b. Light duty assignments will not adversely affect the
employee's normal wage rate or retirement benefits.
C. Light duty assignments will be within the employee's assigned
department and will involve work which is consistent with the
duties of the employee's classification.
d. When feasible, light duty assignments will be during the
employee's normal shift and duty hours. However, if it is
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San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
determined that no useful work will be performed during the
normal shift or duty hours, the employee will be assigned light
duty during normal office hours of 8:00 a.m. to 5:00 p.m.
Monday through Friday.
e. Specific light duty assignments will be developed based upon
a case by case review of the medical restrictions, so as not to
aggravate or reincur an injury or illness.
f. Employees will not be placed in light duty assignments, that in
the normal course of events, will require that they provide
direct field emergency response.
4. HolidaysNacations
a. Holidays shall be observed in accordance with the light duty
assignment work hours and work week. That is, if an
employee is assigned to work hours in a department, division,
or operating unit where employees in that work unit take the
holiday off, so shall the light duty employee. If the employee
is assigned to work hours on a work holiday, so shall the light
duty employee. Compensation for holidays shall be in
accordance with applicable Memorandum of Understanding
or the Personnel Rules and Regulations.
b. Employees assigned to light duty shall take their assigned
(selected) vacation as normally scheduled. Vacations shall
cover the same number of duty and calendar days as would
have been enjoyed by the employee if they had remained on
full duty. Employees may reschedule their assigned
(selected) vacation with the approval of the department head,
provided the rescheduling does not result in increased costs
or lost time to the City for relief personnel to cover the
rescheduled vacation.
5. Return to Full Dutv
Employees will be returned to full duty as soon as possible following
medical certification that the employee is able to resume the full
duties of his or her classification.
9.12. REINSTATEMENT
Reinstatement after resignation shall be considered as new employment.
Reinstatement may only be made upon request to the Chief of Police if the
individual has:
Page 37
San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
Left City service within the prior twelve (12) months
and
2. Left City service in good standing. Good standing shall be defined for the
purposes of reinstatement as: "The employee having provided in writing
to the Department two weeks notice of their resignation".
CHAPTER 10. REDUCTION IN FORCE
10.1. NOTICE
Employees designated for layoff or demotion due to a reduction in force shall be
notified in writing at least thirty (30) calendar days prior to the anticipated date of
termination or demotion. The employee organization shall also be so notified.
10.2. ORDER OF LAYOFF
In reduction of forces, the last employee hired shall be the first employee laid off,
and in rehiring, the last employee laid off shall be the first employee rehired until the
list of former employees is exhausted; provided that the employee retained or
rehired is capable, in the opinion of the City, to perform the work required. An
employee laid off from City services prior to being rehired must pass the physical
examination administered by a City -appointed physician and must pass the
background check administered by the Police Department. The names of
employees laid off shall be placed on a Re-employment Eligible List as hereinafter
specified.
10.3. RE-EMPLOYMENT ELIGIBLE LIST
The Re-employment Eligible List shall consist of the names of employees and
former employees having probationary or permanent status who were laid off in that
classification. The rank order on such list shall be determined by relative seniority
as specified above. Such list shall take precedence over all other eligible lists in
making appointments to the classification is which the employee worked.
Employees who did not complete their probationary period prior to being laid off; if
re-employed must complete their probationary period. The employee may petition
to the Chief of Police for early release from this probationary period.
The name of any person laid off shall continue on the appropriate Re-employment
Eligible List for a period of one (1) year after it is placed thereon. The names of any
eligible employees on a Re-employment Eligible List shall be automatically removed
from said list at the expiration of the appropriate period of eligibility.
CHAPTER 11. MOU LANGUAGE
11.1. EXISTING LAWS, REGULATIONS AND POLICIES
This M.O.U. is subject to all applicable laws.
Page 38
San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
11.2 STRIKES AND LOCKOUTS
During the term of this M.O.U., the City agrees that it will not lock out employees,
and the Association agrees that it will not encourage or approve any strike or
slowdown growing out of any dispute relating to the terms of this Agreement. The
Association will take whatever lawful steps are necessary to prevent any interruption
of work in violation of this Agreement, recognizing with the City that all matters of
controversy within the scope of this Agreement shall be settled by established
procedures set forth in the City's charter, ordinances, and regulations, as may be
amended from time to time.
11.3. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. The parties jointly represent to the City Council that this M.O.U. sets forth the full
and entire understanding of the parties regarding the matters set forth herein.
B. Except as specifically otherwise provided herein, it is agreed and understood
that each party hereto voluntarily and unqualifiedly waives its right, and agrees
that the other shall not be required, to meet and confer with respect to any
subject or matter covered herein during the period of the term of this M.O.U.
The foregoing shall not preclude the parties hereto from meeting and conferring
at any time during the term of this Agreement with respect to any subject matter
within the scope to meeting and conferring for a proposed M.O.U. between the
parties to be effective on or after July 1, 1999.
11.4. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been
adopted through rules, regulations, ordinance or resolution, which are not
specifically superseded by this M.O.U., shall remain in full force and effect
throughout the term of this Agreement.
11.5. SEVERABILITY
If any article, paragraph or section of this M.O.U. shall be held to be invalid by
operation of law, or by any tribunal of competent jurisdiction, or if compliance with or
any enforcement of any provision hereof be restrained by such tribunal, the
remainder of this M.O.U. shall not be affected thereby, and the parties shall enter
into meet and confer sessions for the sole purpose of arriving at a mutually
satisfactory replacement for such article, paragraph or section.
Page 39
San Rafael Police Association Memorandum of Understanding
July 1, 1999 through June 30, 2002
SAN RAFAEL POLICE
ASSOCIATION
/Harry1j/.arbi6r
Gregory P. Cella
Alan E. Piombo, Jr.1
Gayle�'Hara
DATED
CITY OF SAN RAFAEL
Daryl G1handier
Assistant Director
1
Ke'nn-eft A. Nordhoff
Assistant City Manager
(_ a o ero� 1�
Assis a t to t e City Manager
--fl6 lqq
DATED
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