HomeMy WebLinkAboutCC Resolution 9726 (Police Mid-Management MOU)RESOLUTION NO. 9726
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION NO 9175 PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR THE SAN RAFAEL POLICE MID -MANAGEMENT
ASSOCIATION.
(3 year agreement from July 1, 1996 through June 30, 1999).
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 October 21, 1996, and
consisting of 31 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 October 21, 1996, 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 Mondav, the 21 st day of October, 1996 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
�� A
JEA NE M. LEON�RK
'r'jI-1k
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL POLICE MID -MANAGEMENT
July 1, 1996 - June 30, 1999
cOPY�
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
CHAPTER1. GENERAL PROVISIONS.................................................................................................4
1.1. INTRODUCTION................................................................................................................................ 4
1.1.1. Scope of Agreement...................................................................................................................... 4
1.1.2. Term.................................................................................................................•..........................4
1.2. RECOGNITION................................................................................................................................... 4
1.2.1. Bargaining Unit............................................................................................................................ 4
1.2.2. Available Copies........................................................................................................................... 5
1.3. DISCRIMINATION.............................................................................................................................5
1.3.1. In General.................................................................................................................................... 5
1.3.2. Association Discrimination........................................................................................................... 5
1.4. ASSOCIATION RIGHTS......................................................................................................•..............5
1.4.1. Employee Representatives............................................................................................................. 5
1.4.2. Dues Deduction............................................................................................................................ 5
1.4.3. Release Time................................................................................................................................. 5
1.5. CITY RIGHTS..................................................................................................................................... 6
1.5.1. Defined City Rights....................................................................................................................... 6
CHAPTER 2. COMPENSATION............................................................................................................. S
2.1. SALARY.............................................................................................................................................. S
2.1.1. Goal. .............................................................................................................................................
8
2.1.2. Fiscal Year 96197 Increase............................................................................................................
8
2.1.3. Fiscal Year 97198 Increase............................................................................................................
8
2.1.4. Fiscal Year 98199 Increase............................................................................................................
9
2.2. COMPENSATION PLAN....................................................................................................................9
2.2.1. Pay Period..................................................................................................................................
10
2.3. SALARY STEP INCREASE.......................................................................................................•......
10
2.4. MERIT STEP INCREASE.................................................................................................................
10
2.5. ADDITIONAL PAY...........................................................................................................................
11
2.5.1. Mid Management Allowance.......................................................................................................11
2.5.2. Educational Incentive.................................................................................................................11
2.6. PROBATIONARY PERIOD.............................................................................................•.................
12
2.6.1. Purpose of Probation..................................................................................................................12
2.6.2. Length of Probationary Period....................................................................................................12
2.6.3. Rejection During Probation........................................................................................................12
2.6.4. Notification of Rejection.............................................................................................................
12
2.6.5. Extension of Probationary Period...............................................................................................12
2.6.6. Regular Status............................................................................................................................12
2.6.7. Promotion of Probationary Employee.........................................................................................12
2.6.8. Unsuccessful Passage of Promotional Probation.........................................................................13
2.7. BILINGUAL PAY..............................................................................................................................13
2.7.1. Full Fluency Program...................................................................................................•.............13
2.7.2. Conversational Fluency Program................................................................................................13
2.7.3. Foreign Language Pay Provisions..............................................................................................13
CHAPTER 3. HEALTH AND WELFARE............................................................................................14
3.1. INSURANCE..................................................................................................................................... 14
3.2. RETIREMENT CONTRIBUTION.....................................................................................................15
3.3. DENTAL INSURANCE.....................................................................................................................15
3.4. VACATION LEAVE.........................................................................................................................15
3.4.1. Eligibility ....................................................................................................................................15
Page 1 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
3.4.2. Rate of Accrual...........................................................................................................................15
3.4.3. Administration of Vacation Leave...............................................................................................16
3.4.4. Vacation Cash In: .......................................................................................................................
16
3.5. SICK LEAVE ISSUES.......................................................................................................................16
3.5.1. Eligibility ....................................................................................................................................16
3.5.2. Accumulation..............................................................................................................................17
3.5.3. Use of Sick Leave........................................................................................................................17
3.5.4. Advance of Sick Leave................................................................................................................17
3.5.5. Upon Termination of Employment...............................................................................................18
3.6. ADMINISTRATIVE LEAVE.............................................................................................................18
3.7. HOLIDAYS.......................................................................................................................................
18
3.8. OTHER LEAVES...............................................................................................................................
19
3.8.1. Bereavement Leave.....................................................................................................................
19
3.8.2. Military Leave............................................................................................................................
19
3.8.3. Leave of Absence Without Pay....................................................................................................
19
3.8.4. Industrial Injury Leave................................................................................................................19
3.8.5. Jury Duty ....................................................................................................................................
20
3.8.6. Medical Leave of Absence.............................................................................................•.............
20
3.8.7. Absent Without Authorized Leave................................................................................................
20
CHAPTER 4. HOURS OF WORK.........................................................................................................
21
4.1. WORK WEEK...................................................................................................................................
21
4.2. ALTERNATIVE WORK SCHEDULES............................................................................................
21
CHAPTER 5. TERMS AND CONDITIONS OF EMPLOYMENT......................................................
21
5.1. DEMOTION......................................................................................................................................
21
5.2. SUSPENSION....................................................................................................................................
22
5.3. TERMINATION OF EMPLOYMENT.....................................................................................•.........
22
5.3.1. Resignation.................................................................................................................................
22
5.3.2. Termination - Lav off..................................................................................................................
22
5.3.3. Termination -Disciplinary Action...............................................................................................
22
5.3.4. Retirement..................................................................................................................................
22
5.3.5. Rejection During Probation........................................................................................................
22
CHAPTER 6. DISCIPLINARY ACTION..............................................................................................22
6.1. AUTHORITY.....................................................................................................................................
22
6.2. DEFINITION.....................................................................................................................................
23
6.3. CAUSES FOR DISCIPLINARY ACTION.........................................................................................
23
6.4. APPEALS..........................................................................................................................................
24
6.5. CITY MANAGER AND ARBITRATION..........................................................................................
24
CHAPTER 7. GRIEVANCE PROCEDURE..........................................................................................
24
7.1. DEFINITION.....................................................................................................................................
24
7.2. INITIAL DISCUSSIONS................................................................................................•..................
24
7.3. REFERRAL TO CITY MANAGER...................................................................................................
25
7.4. ADJUSTMENT BOARD....................................................................................................................
25
7.5. CITY MANAGER AND ARBITRATION..........................................................................................
26
CHAPTER 8. REDUCTION IN FORCE............................................................................................... 26
CHAPTER 9. MISCELLANEOUS.........................................................................................................27
Page 2 o130
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
9. 1. EMPLOYER-EMPLOYEE RESOLUTION........................................................................................
27
9.2. UNIFORM ALLOWANCE................................................................................................................
27
9.3. OUTSIDE EMPLOYMENT...............................................................................................................
27
9.4. GRATUITIES/SOLICITATION OF CONTRIBUTIONS....................................................................
27
9.5. RETURN OF CITY EQUIPMENT.....................................................................................................
27
9.6. POLITICAL ACTIVITY....................................................................................................................
27
9.7. EMPLOYMENT OF RELATIVES .....................................................................................................
27
9.8. RULES AND POLICIES....................................................................................................................
28
9.8.1. Personnel Rules..........................................................................................................................
28
9.8.2. Drug And Alcohol Policy............................................................................................................
28
9.8.3. Medical Standards......................................................................................................................
28
9.8.4. Light Duty Policy Statement........................................................................................................
28
9.8.5. City Vehicle Use.........................................................................................................................
28
9.9. CLASSIFICATION TITLE CHANGE................................................................................................
28
CHAPTER 10. RULES GOVERNING M.O.U......................................................................................29
10.1. EXISTING LAWS, REGULATIONS AND POLICIES.................................................................... 29
10.2. STRIKES AND LOCKOUTS........................................................................................................... 29
10.3. FULL UNDERSTANDING, MODIFICATION, WAIVER ............................................................... 29
10.4. PREVAILING RIGHTS.................................................................................................................... 29
10.5. SEVERABILITY.............................................................................................................................. 30
10.6. SUCCESSOR NEGOTIATIONS...................................................................................................... 30
Page 3 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30,1999
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, 1996 and ending on June 30. 1999.
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 Julv 1, 1996 through June 30. 1999.
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 conditions
for all employees within the San Rafael Police Mid -Management Association
Bargaining Unit (As referenced in Exhibit "A" attached).
Page 4 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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.
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
Page 5 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 -June 30, 1999
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:
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, 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.
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.
Page 6 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30,1999
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.
Page 7 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
CHAPTER 2. COMPENSATION
2.1. SALARY
2.1.1. Goal
It is the goal of the City Council to provide, within three (3) years of the date of
this agreement, 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 Sheriffs 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 position.
2.1.2. Fiscal Year 96/97 Increase
Effective 07-01-96, the salary range established this Memorandum of
Understanding (M.O.U.) shall be adjusted 6.43% (This equates to a 6%
increase in total compensation). See Exhibit "A.".
2.1.3. Fiscal Year 97/98 Increase
Effective 07/01/97, the salary range shall be adjusted 4.27% (This equates to
a 4% increase in total compensation). See Exhibit "K.
In addition, if total revenues of the City exceed $28,995,000 as of June 30,
1997, then the members of the bargaining unit shall be entitled to apply
2.00% of two-thirds (2/3) of the excess of revenues over $28,995,000 for a
salary increase for job classifications that remain below the stated goal
effective July 1, 1997. Further, the Association and the City will meet and
confer on the application of additional amounts for such salary increases
based on departmental savings or revenue enhancements mutually agreed to
by the City and the Association.
Page 8 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 -June 30, 1999
2.1.4. Fiscal Year 98/99 Increase
Effective 07/01/98, the salary range shall be adjusted 4.26% (This equates to
a 4% increase in total compensation), unless such an increase would cause
employees to exceed the stated goal, in which case employees would receive
only such increase as would be needed to reach the goal. See Exhibit "K. 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 total revenues for the City exceed $30,154,000 as of June 30,
1998, then the members of the bargaining unit shall be entitled
to apply 2.00% of two-thirds (2/3) of the excess of revenues
over $30,154,000 for a salary increase for job classifications
that remain below the stated goal effective July 1, 1998.
b.) The Association and the City will meet and confer on
application of additional amounts for salary increases based on
departmental savings or revenue enhancements mutually
agreed to by the City and the Association.
c.) In no event will salary or compensation increases provided for
represented employees exceed the stated goal.
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
Page 9 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30,1999
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
Finance.
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
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.
In the second year of this contract (fiscal year 97/98) if the City Council
adopts a pay for performance program for Management employees both
parties agree to meet and confer over the implementation of such a program
for Police Captains. Development of such a program, (which would provide
an opportunity to receive up to a maximum of five percent (5%) based upon a
formal evaluation program, and would require renewal annually), would be
subject to the recommendation of the Chief of Police and approval of the City
Manager. Nothing herein would require development of such a program, if
agreement and approval was not achieved during the life of the contract.
Page 10 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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
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 (note:
this option is not included as salary for retirement
purposes).
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.
2.5.2. Educational Incentive
The Educational Incentive for Police Captain and Police Lieutenant is
included in the base salary.
Page 11 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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.
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.
Page 12 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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.
2.7. Bilingual Pay
2.7.1. Full Fluency Program
A five percent (5%) bilingual pay incentive shall be paid to designated bilingual
employees.
2.7.2. Conversational Fluency Program
A Conversational Fluency Bilingual Program is established which will entitle
designated employees to a conversational bilingual incentive of $50 per
month.
2.7.3. Foreign Language Pay 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 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
Page 13 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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.
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 Health and
Disability Plans. The City shall continue to pay up to
$350/month for an eligible retiree's enrollment in one of the
City offered group health insurance plans.
2. The City shall pay the full cost of the employee's enrollment
in the City provided life insurance plans (Basic plan: $5000
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
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Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 -June 30, 1999
confer upon the City's exercising the 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/vear
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
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Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 -June 30, 1999
12 years
22 days
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.
3.5. 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
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Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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:
(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.
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Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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
Washington's Birthday
Memorial Day
Labor Day
Veteran's Day
Day after Thanksgiving
Martin Luther King Day
Lincoln's Birthday
Independence Day
Admission Day
Thanksgiving Day
Christmas Day
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
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Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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
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.
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Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30,19N
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
Workers 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 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.
Page 20 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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.
(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.
Page 21 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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."
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
Page 22 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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.
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.
0. Dishonesty or theft.
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Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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 inimitable 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 or
Personnel Officer 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 as soon as practical. 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 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)
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Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 -June 30, 1999
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 Adjustment Board.
Any time limit may be extended to a definite date by mutual agreement of the
Association and the appropriate management representative.
7.4. ADJUSTMENT BOARD
In the event the Association and the City are unable to reach a mutually
satisfactory accord on any grievance (as the term "grievance" is hereinabove
defined) which arises and is presented during the term of the Memorandum of
Understanding, such grievance shall be submitted to an Adjustment Board
comprised of three (3) employee representatives, and three (3)
representatives of the City. The Association shall be an indispensable party
to any grievance which is submitted to the Adjustment Board. Any party
desiring an official transcript of the Adjustment Board hearing shall bear the
cost of same.
If an Adjustment Board is unable to arrive at a majority decision, either the
grievant, the Association or the City may request that the grievance be
referred to the City Manager, or arbitrator.
No Adjustment Board or 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.
Page 25 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30,1999
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 Adjustment Board or
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.
7.5. CITY MANAGER AND ARBITRATION
If the grievance is not resolved through a majority decision in the previous
step (Adjustment Board), 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 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. A
hearing before the arbitrator shall be held as soon as practical, 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 26 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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 equal to $250.00
($500.00 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 27 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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 28 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 - June 30, 1999
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. 0. U. between the parties to be effective on or after
July 1, 1999.
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 29 of 30
Memorandum of Understanding
San Rafael Police Mid -Management Association
July 1, 1996 -June 30, 1999
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, 1999, regarding the terms and conditions applicable to a M.O.U. effective
July 1, 1999. 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.
SAN RAFAEL POLICE MID -
MANAGEMENT ASSOCIATION
by
Name/Title
by
Name/Title
by
Name/Title
CITY OF SAN RAFAEL
by
Rod Gould, City Manager
by
Daryl G. Chandler, Personnel Director
by
Name/Title
Page 30 of 30
EXHIBIT "A"
SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION
Salary Schedules
FY 96/97 - FY 98/99
Effective July 1, 1996 (6.43% Salary range increase)
Wage Class Job Title Step A Step B Step C Step D
Police Captain $5,466.16 $5,789.49 $6,112.83 $6,436.17
Effective July 1, 1997 (4.27% Salary range increase)
Wage Class Job Title I Step A I Step B Step C Step D
Police Captain $5,699.57 $6,036.70 $6,373.85 $6,710.99
Effective July 1, 1998 (4.26% Salary range increase)
Wage Class Job Title Step A I Step B Step C Step D
IPolice Captain $5,942.37 $6,293.86 $6,645.38 $6,996.88
POLICE MID -MANAGEMENT SALARY RESOLUTION
JULY 1, 1996 - JUNE 30,1999
EXHIBIT "B"
FURLOUGH PROGRAM
Both the City of San Rafael and the Police Mid -Management Association employees
recognize the current economic condition of the State of California and the City of San
Rafael. Through this recognition and in a cooperative spirit the City of San Rafael
and the City's Police Mid -Managers have worked expeditiously on the development of
a Furlough Program. This Agreement does not mean the City will necessarily
implement furloughs; but in the event it is necessary to implement due to continued
economic problems in the City of San Rafael the procedures for this Furlough
Program shall provide for both Voluntary Time Off (herein described as VTO) and
Mandatory Time Off (herein described as MTO).
Voluntary Time Off (VTO). The City will develop and distribute to all employees
during the month of March (1993) a survey to determine who might be interested in
VTO and the extent to which that interest translates into hours (cost savings) during
the coming fiscal year. The needs of the City and the respective departments (as
determined by the Department Head and City Manager) will need to be considered in
the actual granting of VTO. Any VTO time granted and the resulting savings will have
a corresponding impact on the time needed through MTO.
1. An employee's VTO time would count in determining how many hours of MTO
an employee needed to take during the fiscal year.
2. An employee selecting VTO would receive one half hour of furlough induced
Personal Leave time off for every hour of VTO taken not to exceed the number
of furlough induced Personal Leave time off an employee scheduled for MTO
would receive (establishes a maximum cap of 5%). This furlough induced
Personal Leave time is to be taken as described in 4.b.
3. Employees who take VTO at a time other than when MTO is taken by other
employees will have to take vacation leave, compensatory time off or leave
without pay if the MTO results in the closure of the department.
Mandatory Time Off (MTO). MTO will be taken by the employee during the MTO
period when feasible in their respective department (as determined by the
Department Head and City Manager). The City will attempt to schedule MTO time in
blocks of days (between Xmas and New Years) or individual days next to scheduled
holidays and/or weekends.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and
eligibility for holidays. MTO time will not impact health, dental and life
insurance benefits. At this time MTO time will impact Marin County retirement
contributions; but if the Marin County Retirement System changes it policy on
this the City will, effective the first of the month following notice from the Marin
County Retirement System, make the necessary change in the program's
administration to correspond with the change in the policy. Any employee
who notifies the City no later than 07/30/93 of their retirement date and retires
from the Marin County Retirement System during FY 93-94 shall be exempted
from the MTO requirements. If said employee did not retire during FY 93-94
as stated, said employee would be docked in pay an amount equivalent to the
number of MTO hours taken by other represented employees.
3. MTO time shall apply toward time in service for step increases, completion of
probation, and related service credit.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%)
reduction in work hours/pay for the fiscal year. For each MTO hour deducted
the involved employee shall be credited with an one half hour added to a
furlough induced Personal Leave balance.
b. Personal Leave accrued through the MTO Program may be taken
beginning July 1, 1994, with supervisory approval. Furlough induced Personal
Leave has no cash value upon termination of employment. If an employee is
laid off before having the opportunity to take unused furlough induced
Personal Leave said employee would be eligible to take the unused furlough
induced Personal leave during the thirty day layoff notice period.
C. The employees represented by this Association may elect to give up
pay for holidays worked in lieu of mandatory time off, as long as the dollar
value of the holiday pay equates to the dollar value of the designated
mandatory time off.
d. Should the City of San Rafael experience a financial windfall during the
fiscal year that furloughs are implemented the City agrees to re -open
discussions on this Furlough Program.
e. The City agrees that it will attempt to distribute the dollar value of any
MTO time implemented equally over the remaining number of pay periods in
the fiscal year.