HomeMy WebLinkAboutCC Resolution 10491 (MOU Police Mid-Management)RESOLUTION NO. 10491
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION NO 9726 PERTAINING TO THE COMPENSATION
AND WORKING CONDITIONS FOR THE SAN RAFAEL POLICE MID -
MANAGEMENT ASSOCIATION.
(3 year MOU from July 1, 1999 through June 30, 2002).
WHEREAS, the City of San Rafael and the San Rafael Police Mid
Management 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 August 25, 1999, and
consisting of 33 pages and Exhibits has been executed by duly authorized
representatives for both parties;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Rafael as follows:
Section 1: From and after the date of adoption of this Resolution, the
City of San Rafael and the San Rafael Police Mid -Management
Association, shall utilize the Memorandum of Understanding dated August
25, 1999, as the official document of reference respecting compensation
and working conditions for Police Department personnel represented by the
Police Mid -Management Association;
Section 2: The schedules describing classes of positions and salary
ranges attached as Exhibit A, 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 7th day of September,
1999 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNI M. LEONCINI, CITY CLERK
CHAPTER 1. GENERAL PROVISIONS 4
1.1. INTRODUCTION _
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1.1.1. Scope of Agreement _.
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1.1.2. Term
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1.2. RECOGNITION
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1.2.1. Bargaining Unit
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1.2.2. Available Copies
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1.3. DISCRIMINATION
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1.3.1. In General _
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1.3.2. Association Discrimination
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1.4. ASSOCIATION RIGHTS
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1.4.1. Employee Representatives
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1.4.2. Dues Deduction
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1.4.3. Release Time
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1.5. CITY RIGHTS
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1.5.1. Defined City Rights _
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CHAPTER 2. COMPENSATION
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2.1. SALARY
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2.1.1. Goal
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2.1.2. Fiscal Year 99/00 Increase
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2.1.3. Fiscal Year 00/01 Increase
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2.1.4. Fiscal Year 01/02 Increase
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2.2. COMPENSATION PLAN
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2.2.1. Pay Period.
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2.3. SALARY STEP INCREASE
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2.4. MERIT STEP INCREASE
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2.5. ADDITIONAL PAY
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2.5.1. Mid Management Allowance
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2.5.2. Educational Incentive
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2.5.3. Bilingual Pay
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2.5.4 Shift Differential
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2.6. PROBATIONARY PERIOD
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2.6.1. Purpose of Probation
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2.6.2. Length of Probationary Period
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2.6.3. Rejection During Probation
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2.6.4. Notification of Rejection
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2.6.5. Extension of Probationary Period
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2.6.6. Regular Status
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2.6.7. Promotion of Probationary Employee _
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2.6.8. Unsuccessful Passage of Promotional Probation
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CHAPTER 3. HEALTH AND WELFARE 16
3.1. INSURANCE
3.2. RETIREMENT CONTRIBUTION
3.3. DENTAL INSURANCE
3.4. VACATION LEAVE
3.4.1. Eligibility.••__.___ -
3.4.2. Rate of Accrual.
3.4.3. Administration of Vacation Leave. _
3.4.4. Vacation Cash In:
3.4.5. Vacation Cap: —__„—
3.5. SICK LEAVE ISSUES
3.5.1. Eligibility.
3.5.2. Accumulation.
3.5.3. Use of Sick Leave.
3.5.4. Advance of Sick Leave.
3.5.5. Upon Termination of Employment.
3.6. ADMINISTRATIVE LEAVE
3.7. HOLIDAYS
3.8. OTHER LEAVES _
3.8.1. Bereavement Leave.
3.8.2. Military Leave.
3.8.3. Leave of Absence Without Pay.
3.8.4. Industrial Injury Leave.
3.8.5. Jury Duty.
3.8.6. Medical Leave of Absence.
3.8.7. Absent Without Authorized Leave.
CHAPTER 4. HOURS OF WORK
4.1. WORK WEEK
4.2. ALTERNATIVE WORK SCHEDULES
CHAPTER 5. TERMS AND CONDITIONS OF EMPLOYMENT
5.1. DEMOTION
5.2. SUSPENSION
5.3. TERMINATION OF EMPLOYMENT _____
5.3.1. Resignation.
5.3.2. Termination - Lay off.
5.3.3. Termination - Disciplinary Action.
5.3.4. Retirement.
5.3.5. Rejection During Probation.
CHAPTER 6. DISCIPLINARY ACTION
6.1. AUTHORITY
6.2. DEFINITION
6.3. CAUSES FOR DISCIPLINARY ACTION
6.4. APPEALS
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6.5. CITY MANAGER AND ARBITRATION
CHAPTER 7. GRIEVANCE PROCEDURE
7.1. DEFINITION
7.2. INITIAL DISCUSSIONS
7.3. REFERRAL TO CITY MANAGER
7.4. CITY MANAGER AND ARBITRATION
CHAPTER 8. REDUCTION IN FORCE
CHAPTER 9. MISCELLANEOUS
9.1. EMPLOYER-EMPLOYEE RESOLUTION
9.2. UNIFORM ALLO1VANCE
9.3. OUTSIDE EMPLOYMENT
9.4. GRATUITIES/SOLICITATION OF CONTRIBUTIONS
9.5. RETURN OF CITY EQUIPMENT
9.6. POLITICAL ACTIVITY
9.7. EMPLOYMENT OF RELATIVES
9.8. RULES AND POLICIES
9.8.1. Personnel Rules. _
9.8.2. Drug And Alcohol Policy.
9.8.3. Medical Standards.
9.8.4. Light Duty Policy Statement.. -
9.8.5. City Vehicle Use.-_-.._ ._
9.9. CLASSIFICATION TITLE CHANGE
CHAPTER I0.RULES GOVERNING M.O.U.
10.1. EXISTING LAWS, REGULATIONS AND POLICIES
10.2. STRIKES AND LOCKOUTS
10.3. FULL UNDERSTANDING, MODIFICATION, WAIVER
10.4. PREVAILING RIGHTS
10.5. SEVERABILITY
10.6. SUCCESSOR NEGOTIATIONS
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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, and 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 on 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 Mid -Management Association (herein -after called "ASSOCIATION")
and shall apply to all employees of the City working in the classifications and
bargaining unit set forth herein (See Exhibit "A").
In accepting employment with the City of San Rafael, each employee
agrees to be governed by and to comply with the City's Personnel
Ordinance, City's Personnel Rules and Regulations, City's Administrative
Procedures, and Police Department Rules & Regulations, General Orders
and Procedures.
1.1.2. Term
This agreement shall be in effect from July 1, 1999 through June 30, 2002.
1.2. RECOGNITION
1.2.1. Bargaining Unit
City hereby recognizes Association as the bargaining representative for
purpose of establishing salaries, hours, fringe benefits and working
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conditions for all employees within the San Rafael Police Mid -Management
Association Bargaining Unit (As referenced in Exhibit "A" attached).
1.2.2. Available Copies
Both City and 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.
1.4.2. 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 above shall not apply during periods of separation
from the representative Bargaining 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 Bargaining Unit.
The term separation includes transfer out of the Bargaining Unit, layoff, and
leave without pay absences with a duration of more than five (5) working
days.
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1.4.3. 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.
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 expressed 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:
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, relocation's
and types of operations, processes and materials to be used in
carrying out all City functions including, but not limited to, the right
to contract for or subcontract my work or operation of the City.
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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 its 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.
Nothing contained within Article 1.5, City Rights, is intended to, in any way,
supersede or infringe upon the rights of the recognized employee
Association as provided under applicable Federal and State law, including,
but not limited to California State Government Code Sections 3500 through
3510 inclusive.
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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 Mid -Managers
Association, total compensation in an amount equal to the following:
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 whether the goal has been reached, a survey of total
compensation for top step benchmark positions (during the term of this
agreement those shall be Police Lieutenant and Police Captain, with plans
for the next contract to establish one sworn benchmark job class for sworn
positions in the bargaining group) 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 September 1 of each year of this contract. Note:
The benchmark for general tax revenue increases for the non -sworn Police
Support Services Manager job class will be tied to the shall be the Civilian
Supervisor job classification during the term of this contract.
In no event will salary or compensation increases 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 positions.
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
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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 2.00% 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 (as determined by
the compensation survey), then bargaining unit employees in this 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 2.5% 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 position. All
related bargaining unit classifications will receive the same
percentage increase as received by the assigned benchmark
position, 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 2.00% in base salary. See Exhibit "A".
An additional one percent of total salary (equivalent to $4,843) will be
applied to the benchmark positions and related job classifications (effective
September 1) 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 position has not reached the
stated goal, then bargaining unit employees in this and related job classes
shall be entitled to the following possible salary increases:
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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 bargaining unit shall be entitled to
apply 2.5% 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 position. All bargaining unit
classifications will receive the same percentage increase as
received by the assigned benchmark position, 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, the salary range shall be adjusted 2.00%. See
Exhibit "A".
An additional one percent of total salary (equivalent to $4,988) will be
applied to the benchmark positions and related job classifications (effective
September 1) that remain below the stated goal as determined by the
completed compensation survey. If, after the above described increase in
total compensation, the total compensation of bargaining unit employees
has not reached the stated goal, then such employees 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 2.5% 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.
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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 position, 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.
2.2. COMPENSATION PLAN
The Compensation Plan adopted by the City Council shall provide for salary
schedules, rates, ranges, ascending salary steps for all members of the
Association and any other special circumstances or items related to the total
compensation paid employees.
Each position within the classified services shall be allocated to an
appropriate classification in the compensation plan on the basis of duties
and responsibilities. Each classification shall be assigned a three step
salary range with corresponding ascending salary rates assigned to each
step. 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 step schedule.
The City Manager or his/her designee may authorize, upon the
recommendation of the Chief of Police, placement 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 following day of regular business unless the Finance
Department is able to complete the payroll by the previous work day. The
method of the distributing payroll shall be established by the Director of
Management Services or his designee.
2.3. SALARY STEP INCREASE
An employee shall be considered for a step increase annually until the top
step has been reached. Advancement to a higher salary within a salary step
schedule may be granted for continued satisfactory service by the employee
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in the performance of his/her duties. Salary step advancement shall be
made only upon the recommendation of the Chief of Police concerned, with
the approval of the City Manager or his/her designee, and are not
automatic, but based on acceptable work performance.
Accelerated salary step increases may be granted an employee based upon
the recommendation of the Chief of Police and approval of the City Manager
for exceptional job performance.
2.4. MERIT STEP INCREASE
Employees at the maximum step of their salary step schedule may be
granted a merit performance step increase of up to five percent (5%) above
and beyond their top salary step. A merit step increase may be effective for
up to one (1) year. A merit step increase may be withdrawn after the
specified period of time and is not a disciplinary action and is not
appealable. Merit step increases may be granted in recognition of
meritorious performance beyond the scope of regular duties and in
response to extraordinary conditions.
Management and Mid -Management employees shall be evaluated annually
based on the evaluation program adopted by the City Council in October of
1996 and incorporated by reference herein.
2.5. ADDITIONAL PAY
2.5.1. Mid Management Allowance
A. Employees shall receive a monthly allowance of
$185.00/month.
B. Employees shall have the option or choice of applying their
monthly allowances to the following:
1. Membership in a fitness club.
2. Optical coverage.
3. Payment for dental or medical costs, including
premiums, in excess of coverage provided in the City's
group plans or premium contribution.
4. Membership dues in community organizations.
5. Deferred Compensation Plan.
6. Professional development costs such as purchase of
personal computer equipment, tuition for job related
course work, costs associated with job related training,
out of state travel to training or conferences not
accommodated in the departmental budget or other
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professional development/membership costs not
included in departmental budget.
7. Annual physical examination.
8. Alternative life insurance programs.
9. Dependent care costs. A dependent is any individual
who is a dependent of the employee in accordance
with Section 152 (a) of the IRS Code.
10. Cash on a semi-monthly basis with the paycheck.
C. Allowances are applied or granted based upon the monthly
rates. In the event that an employee leaves the City, he or
she is entitled to a pro -rata amount based upon the months of
service in the fiscal year in which the separation occurs.
NOTE: Effective January 1, 2000, the Mid -Management
Allowance is no longer treated as a separate pay item and
incorporated into the salary range for represented job classes.
2.5.2. Educational Incentive
The Educational Incentive for Police Captain and Police Lieutenant is
included in the base salary.
2.5.3. Bilingual Pay
Full Fluencv Proaram
A five percent (5%) bilingual pay incentive shall be paid to designated
bilingual employees.
Conversational Fluencv Proaram
A Conversational Fluency Bilingual Program is established which will
entitle designated employees to a conversational bilingual incentive
of $50 per month.
Foreiqn Lanquaqe Pav Provisions
The City will pay, in advance, any authorized training or educational
costs related to an employee becoming fluent in a foreign language
up to an 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 education 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
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amount, reimbursement shall be through payroll deductions over the
course of three (3) years or in full upon separation.
Within the limits established in items 1 and 2 of this section, to qualify
for either the 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 full fluency or conversational proficiency certification may
be obtained by passing a standardized departmental test (to be
developed by the department) or fluency certification issued by an
agency approved by the Chief of Police. Conversational proficiency
certification may be obtained by an employee achieving a Certificate
of Completion from One Twelve USA, or passing a departmental
conversational test, or 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 the 5% bilingual pay differential. 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.
2.5.4 Shift Differential
A five percent (5%) shift differential shall be paid for Police Lieutenant
regularly scheduled to work fifty percent (50%) or more of their shift after
5:00 p.m.
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.
2.6. PROBATIONARY PERIOD
2.6.1. Purpose of Probation
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.
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2.6.2. Length of Probationary Period
The probationary period on original and promotional appointments shall be
for twelve (12) months.
2.6.3. Rejection During Probation
During the probationary period, an employee may be rejected at anytime by
the Chief of Police without the right of appeal.
2.6.4. Notification of Rejection
On 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 reject the employee. After discussion with the Personnel Officer, the
Chief of Police shall notify the employee in writing of his/her rejection.
2.6.5. 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.
2.6.6. Regular Status
Regular status in the assigned (new) position shall commence with the day
following the expiration date of the probationary period.
2.6.7. Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position
in a higher position classification provided he/she 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.
2.6.8. Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass his/her promotional
probationary period shall be reinstated to the position in which the employee
held regular status prior to his/her promotion and all previous rights and
privileges restored. 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.
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CHAPTER 3. HEALTH AND WELFARE
3.1. INSURANCE
A. Health, Life and Long Term Disability
The City shall contribute up to $350/month towards the
premium costs for each eligible employee's group
Health and Disability Plans (City or PORAC disability
plan). Employees who retire from the Marin County
Retirement System within 120 days of leaving their City
of San Rafael position are eligible to continue in the
City's group health insurance program and receive a
City contribution toward their group health insurance
premium equivalent to $350 per month.
a. Effective December 1, 1999 the City's contribution will
increase from $350 to $356/month.
b. Effective December 1, 2000 the City's contribution will
increase from $356 to $370/month.
c. Effective December 1, 2001 the City's contribution will
increase from $370 to $385/month.
2. The City shall pay the full cost of the employee's
enrollment in the City provided life insurance plans
(Basic plan: $5,000 term policy and Supplemental plan:
term policy equal to one times the employee's annual
base pay. NOTE: In this instance, base pay means
salary as listed in the salary resolution).
3. 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
Page 16
option described above in accordance with the
provisions of this paragraph.
3.2. RETIREMENT CONTRIBUTION
The City will pay the full share of the employee's contribution, not to exceed
eight percent (8%) of salary, to the Marin County Retirement System. If the
full amount of the employee's contribution is less than eight percent (8%) of
salary, then only the full employee share shall be paid. Additionally, the City
has adopted Section 31581.2 of the Government Code for the balance of
the employee's portion of the retirement contribution in order to implement
Section 414H of the IRS Code to allow for tax deferment of the employee's
retirement contribution.
3.3. DENTAL INSURANCE
The City will provide a dental insurance program providing 100% coverage
for diagnostic and preventative care, $25 deductible on corrective care
(80/20) per patient per calendar year and orthodontic coverage (50/50); and
80/20 coverage of casts, crowns, and restorations in accordance with the
plan document of the provider.
3.4. VACATION LEAVE
3.4.1. Eligibility.
Annual vacation with pay shall be granted each employee. Vacation leave
accrued shall be prorated for those employees working less than full time.
Employees will be permitted to use accrued vacation leave after six (6)
months of employment subject to the approval of the Chief of Police.
3.4.2. Rate of Accrual.
Vacation benefits shall accrue during the probationary period. Effective with
the first of the month following adoption of this Resolution, each regular full
time employee shall commence to accrue vacation at the following rate for
continuous service:
Years of Service
Leave Accrual rate/near
1 - 5 years
15 days
6 years
16 days
7 years
17 days
8 years
18 days
9 years
19 days
10 years
20 days
11 years
21 days
12 years
22 days
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13 years
23 days
14 years
24 days
15 years plus
25 days
3.4.3. Administration of Vacation Leave.
The City Manager, upon the recommendation of the Chief of Police, may
advance vacation credits to any eligible employee, except that if the
employee leaves City employment before accruing the used vacation leave
said employee will reimburse the City of the advanced vacation leave.
In recognition of exempt status from FLSA, time off for vacation leave
purposes shall not be deducted from the employees' accrual, unless the
employee is absent for the full work day.
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 Chief of
Police 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 fall within an annual vacation
leave, such holidays shall not be charged as vacation leave, and the
vacation leave shall be extended accordingly.
Employees who terminate their employment shall be paid in a lump sum for
all accrued vacation leave earned prior to the effective date of termination.
3.4.4. 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
fiscal year.
3.4.5. Vacation Cap:
This policy becomes effective January 1, 1998. With the effective date of
this policy employees represented by the San Rafael Police Mid -
Management Association:
• Would continue to accrue vacation leave at the rate prescribed in
Section 3.4.2.
• 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
Page 18
one year to the next (the cap limit would first apply to carrying over hours
into the 1999 calendar year).
The carry over limit (cap) is 240 hours, unless the employee was already
above this limit at the time this policy was implemented, in which case
their balance is their limit and that limit is decreased as the employee
uses their vacation leave.
3.5. SICK LEAVE ISSUES
3.5.1. Eligibility.
Sick leave with pay shall be granted to each eligible employee. Sick leave
shall not be considered as a privilege which an employee may use at his/her
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 Chief of Police 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 Personnel Officer, 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.
In recognition of exempt status from FLSA, time off for sick leave purposes
shall not be deducted from the employee's account, unless the employee is
absent for the full work day.
3.5.2. Accumulation.
All eligible full time employees shall earn sick leave credits at the rate of one
(1) working day per month commencing with the date of employment.
Unused sick leave may be accumulated to an amount not to exceed one
hundred fifty (150) working days. The sick leave accrual rate is prorated for
eligible part time employees. The cap on sick leave accrual, 150 days, does
not apply for accrual purposes but does apply for sick leave separation
payoff purposes.
3.5.3. 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:
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(1) Personal illness 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.
3.5.4. 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 have 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.
3.5.5. Upon Termination of 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%) of their sick leave balance.
3.6. ADMINISTRATIVE LEAVE
Mid -Management employees in this Association shall receive seven (7)
Administrative Leave days each calendar year subject to the approval of the
department head and the City Manager. An additional three (3) days may be
granted at the discretion and with approval of the department head and the
City Manager. Unused Administrative Leave does not carry over from one
calendar year to the next, nor are unused balances paid off upon an
employee's resignation.
In recognition of exempt status from FLSA time off for Administrative leave
purposes shall not be deducted from employee's accrual, unless the
employee is absent for the full work day.
3.7. HOLIDAYS
The following holidays will be observed:
New Years Day Martin Luther King Day
Washington's Lincoln's Birthday
Birthday
Page 20
Memorial Day
Independence Day
Labor Day
Admission Day
Veteran's Day
Thanksgiving Day
Day after
Christmas Day
Thanksgiving
Lincoln's Birthday and Admission Day are considered to be floating holidays
which are compensated for by being added to the represented employees'
vacation time if not used during the year.
All represented employees in this Association 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 (except for floating holidays which if not used, are added to the
employees' vacation balance). Said compensation shall be paid twice each
year on the first pay period of December and the first pay period of June.
All represented employees in this Association shall have the discretion of
either work the holiday, take the holiday off, or use vacation or
administrative leave to take the holiday off and still receive compensation
(subject to normal leave approval procedures within the Department.)
3.8. OTHER LEAVES
3.8.1. 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 so the employee
may attend the funeral.
In the case where the death involves an individual who had such a
relationship with the employee, as defined above, the employee shall sign a
simple memo describing the relationship and submit this to the Chief of
Police as part of the request for bereavement leave.
3.8.2. 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 City Manager and the Chief of Police
Page 21
an opportunity within the limits of military regulations, to determine when
such leave shall be taken.
3.8.3. 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. Applicable benefits do
not accrue during times of leave without pay and Police Officer status is
removed.
3.8.4. 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. 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 City's
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:
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 from the City's Worker's Compensation
Administrator 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.
3.8.5. 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
Page 22
and remits to the City all per diem service fees except mileage or
subsistence allowance within thirty days from the termination of such duty.
3.8.6. Medical Leave of Absence.
Upon depletion of sick leave and any other accrued paid leave, an
employee may be granted a medical leave of absence without pay for a
period not exceeding sixty days by the City Manager. If the employee is
unable to return to work at the end of this period, he or she must request
further medical leave in writing with a doctor's statement which will be
subject to the approval of the City Manager. If further leave is not granted,
and the employee is unable/unwilling to return to full duty, the employee's
service with the City shall be considered terminated.
3.8.7. Absent Without Authorized Leave.
An unauthorized absence of an employee for three consecutive work day
shall constitute an automatic resignation from City service.
CHAPTER 4. HOURS OF WORK
4.1. WORK WEEK
The established work week for the Police Department shall be 0001 hours
Sunday through 2400 hours Saturday. Job classifications covered by this
Memorandum of Understanding would be scheduled to work during normal
business working hours, Monday through Friday.
4.2. ALTERNATIVE WORK SCHEDULES
Alternative work schedules which include a total of 2080 annual working
hours, if mutually agreed to by the Association and the Chief of Police, may
be implemented for designated trial periods of time. During these trial
periods, the work unit's effectiveness, sick leave usage and workers
compensation claims shall be evaluated. During the trial period, either party
shall have the right to terminate the alternative work schedule with seven
days notice to the other party.
CHAPTER 5. TERMS AND CONDITIONS OF
EMPLOYMENT
5.1. DEMOTION
The City Manager or his/her designee may demote an employee when the
following occurs:
(A) The employee fails to perform his/her required duties.
Page 23
(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 of the position at the
time of demotion.
When the action is initiated by the City Manager or his/her designee,
written notice of demotion shall be provided to an employee at least
ten (10) working days 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 6 ,
"Disciplinary Action."
5.2. SUSPENSION
The City Manager may suspend an employee from a position at any time for
a disciplinary purpose. Intended suspension action shall be reported
immediately to the Personnel Officer, and shall be taken in accordance with
Chapter 6, "Disciplinary Action."
5.3. TERMINATION OF EMPLOYMENT
5.3.1. 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 City Manager
and Personnel Office.
5.3.2. Termination - Lay off.
The City Manager or his/her designee may terminate an employee because
of changes in duties or organization, abolition of position, shortage of work
or funds, or completion of work for which employment was made.
5.3.3. Termination - Disciplinary Action.
An employee may be terminated at any time for disciplinary action, as
provided in Chapter 6 , "Disciplinary Action."
Page 24
5.3.4. 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.
5.3.5. 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 6. DISCIPLINARY ACTION
6.1. AUTHORITY
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 for violating or ordering the violation of the
Memorandum of Understanding.
6.2. DEFINITION
Disciplinary action shall mean discharge/dismissal, demotion, reduction in
salary, and suspension resulting in loss of pay.
6.3. CAUSES FOR DISCIPLINARY ACTION
The City may discipline or discharge an employee for the following:
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-prescription or
unauthorized narcotic 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.
Page 25
I. Unacceptable behavior toward (mistreatment
or discourteousness to) 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. Misuse 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, 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.
6.4. 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 (Chapter 7). Such appeal must be filed with the City Manager by
the employee in writing within five (5) working days from the date of the
discipline/discharge and unless so filed the right of appeal is lost.
6.5. CITY MANAGER AND ARBITRATION
The employee (Appellant) may submit the appeal directly to 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. 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 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
Page 26
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.
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 selected by the City and the Association.
CHAPTER 7. GRIEVANCE PROCEDURE
7.1. DEFINITION
A grievance is any dispute which involves the interpretation or application of
any provision of this Memorandum of Understanding.
7.2. INITIAL DISCUSSIONS
Any employee who believes that he or she has a grievance may discuss his
or her complaint with the Chief of Police or with such 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 of which he or
she is assigned, the procedures hereafter specified may be invoked.
7.3. REFERRAL TO CITY MANAGER
Any employee or any official of the employee organization which have 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 7.4 below which has not
first been heard and investigated in pursuance of subsection 7.2. A
grievance which remains unresolved thirty (30) calendar days after it has
been submitted in writing may be referred to the next step.
Any time limit may be extended to a definite date by mutual agreement of
the Association and the appropriate management representative.
7.4. CITY MANAGER AND ARBITRATION
If the grievance is not resolved in the previous step, the grievant, the
Association, or the City may, after completion of the previous step in the
grievance procedure, submit the grievance directly to the City Manager, or
may request arbitration. If arbitration is requested, representatives of the
Page 27
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 Association and the City. Each part,
however, shall bear the cost of its own presentations, including preparation
and post hearing briefings, if any.
No Arbitrator shall entertain, hear, decide or make recommendations on any
dispute involving a position over which a recognized employee organization
has jurisdiction unless such dispute falls within the definition of grievance as
hereinabove set forth in paragraph (1) of this Section.
Proposals to add to or change this Memorandum of Understanding or
written agreement or addenda supplementary hereto shall not be grievable
and nor proposal to modify, amend or terminate this Memorandum of
Understanding, not any matter or subject under this Section; and no
Arbitrator shall have the power to amend or modify this Memorandum of
Understanding or written agreements or addenda supplementary hereto or
to establish any new terms or conditions of employment. No changes in the
Memorandum of Understanding or interpretations thereof will be recognized
unless agreed to by the City Manager and the Association.
A hearing before the arbitrator shall be held within 60 days of the selection
of the arbitrator unless the arbitrator's schedule does not so permit, and the
arbitrator shall render a decision which is binding on the parties hereto, to
the extent permitted by the Charter of the City.
CHAPTER 8. REDUCTION IN FORCE
In reduction of forces, the last employee appointed within the represented
classification shall be the first employee laid off, and in re -hiring, the last
employee laid off shall be the first employee re -hired until the list of former
employees is exhausted, provided that the employee retained or re -hired is
capable, in the opinion of the City, to perform the work required. An
employee laid off from City services prior to being re -hired 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.
The Re-employment Eligible List shall consist of names of employees and
former employees having probationary or permanent status who were laid
off in that classification. The rank order on such lists 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 in which
the employee worked.
Page 28
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 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
The represented classification will receive a uniform allowance for each six
(6) months of service ending June 30 and December 31. Effective with the
12/31/99 payment the uniform allowance will be $300.00 ($600.00 per year).
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.
9.3. OUTSIDE EMPLOYMENT
All employees of the Police Department should refer to Departmental
General Order 91-06 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 Rule
and Regulation 300.48 and 300.50 for the rules and procedures related to
gratuities/solicitation.
9.5. RETURN OF CITY EQUIPMENT
Upon termination of employment, all tools, equipment, and other City
property assigned to any 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 OF RELATIVES
The City retains the right:
Page 29
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
department, division or facility where such has the potential for
creating adverse impact on supervision, safety, security, or
morale, or involves potential conflicts of interest.
9.8. RULES AND POLICIES
9.8.1. Personnel Rules.
This Association accepts the revised Personnel Rules and Regulations
presented in a documented dated 4/91.
9.8.2. Drug And Alcohol Policy.
The City and the Association both support a drug and alcohol free work
place and endorse the general policies outlined in Administrative Procedure
#3 adopted by the City Manager on 4-23-91.
Further, because of the nature of work performed by the members of the
Association, both parties agree to meet and confer over a departmental
Drug and Alcohol Policy which will better meet the needs of the Police
Department and the members of this Association.
9.8.3. Medical Standards.
Both parties agree to meet and confer over medical Standards as they may
relate to non -placement issues.
9.8.4. Light Duty Policy Statement.
Both parties agree to meet and confer over a departmental Light Duty
Policy.
9.8.5. City Vehicle Use.
The City agrees to allow all represented classified positions, covered by this
agreement, the use of department vehicles, as practiced on the date the
M.O.U. was adopted by the City Council, for FY 91-92, as they are expected
to respond to emergencies. During the term of this contract the Chief of
Police and members of this Association shall meet and confer on the
develop a specific policy related to City Vehicle Use.
9.9. CLASSIFICATION TITLE CHANGE
Effective with the adoption of the M.O.U., the job classification title of Police
Bureau Commander will be changed to Police Captain. This title change
Page 30
does not impact current duties assigned to this job classification. This
change is being made to better reflect the nature of the work and the titles
typically used for similar positions in the comparison cities.
CHAPTER 10.RULES GOVERNING M.O.U.
10.1. EXISTING LAWS, REGULATIONS AND POLICIES
This M.O.U. is subject to all applicable laws.
10.2. 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.
10.3. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. The parties jointly represent to the City Council that this
M.O.U. set 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, not as to wages or fringe
benefits 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 of meeting
and conferring for a proposed M.O.U. between the parties to
be effective on or after July 1, 2002.
10.4. 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.
Page 31
10.5. 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.
10.6. SUCCESSOR NEGOTIATIONS
Both parties agree to begin the meet and confer process no later than April
1, 2002, regarding the terms and conditions applicable to a M.O.U. effective
July 1, 2002. The process will be initiated by the San Rafael Police Mid -
Managers Association through the submittal of upcoming contract requests
it wishes to be considered.
Page 32
SAN RAFAEL POLICE
MID -MANAGEMENT
ASSOCI ION
by
Michael Cronin, aptain
by Vo�L 2d
John Rohrbacher,
Lieutenant
by
Name/Title
'7 OF SAN AFAEL
by
,et
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