HomeMy WebLinkAboutCC Resolution 9654 (Public Employees MOU)RESOLUTION NO. 9654
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION NO 9183 PERTAINING TO THE COMPENSATION
AND WORKING CONDITIONS FOR MARIN ASSOCIATION OF PUBLIC
EMPLOYEES/SEIU 949, Miscellaneous Unit.
(3 year agreement from July 1, 1996 through June 30, 1999).
WHEREAS, the City of San Rafael and the Marin Association of Public
Employees, SEIU 949, herein known as MAPE, 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 5, 1996, and
consisting of forty (40) 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 MAPE , shall utilize the Memorandum of
Understanding dated August 5, 1996 as the official document of reference
respecting compensation and working conditions;
Section 2: The schedules describing classes of positions and saiary
ranges attached as Exhibit A, B, C and D, 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 5th day of Auaust,
1996 by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
JEANNE M EONC01I, CITY CLERK
n U ff
K iG" il"� A LU�111
MEMORANDUM OF UNDERSTANDING
between
CITY of SAN RAFAEL
and
MARIN ASSOCIATION OF PUBLIC EMPLOYEES
SEIU, LOCAL 949, AFL-CIO
MISCELLANEOUS UNIT
July 1, 1996 - June 30, 1999
i
MAPE Miscellaneous Unit
,July 1, 1996 - June 30, 1999
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 1.1. INTRODUCTION
1.1.1. Scope of Agreement.
1.1.2. Term.
ARTICLE 1.2. RECOGNITION
1.2.1. Bargaining Unit.
1.2.2. Notice to Employees.
ARTICLE 1.3. DISCRIMINATION.
1.3.1. In General.
1.3.2. Union Discrimination.
ARTICLE 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
ARTICLE 1.5. EXISTING LAWS, REGULATIONS AND POLICIES
ARTICLE 1.6. STRIKES AND LOCKOUTS
ARTICLE 1.7. SEVERABILITY
ARTICLE 1.8. PREVAILING RIGHTS
ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1. Understanding.
1.9.2. Waiver & Modification.
CHAPTER 2. UNION RIGHTS
ARTICLE 2.1. UNION STEWARDS
2.1.1. Designation.
2.1.2. Bulletin Boards.
ARTICLE 2.2. DUES DEDUCTION
2.2.1. Dues Collection.
2.2.2. Dues Collection During Separation from Employment.
2.2.3. Agency Shop.
CHAPTER 3. WAGES
ARTICLE 3.1. General Wages
3.1.1. Goal.
3.1.2. Fiscal Year 96/97 Increase.
3.1.3. Fiscal Year 97/98 Increase.
3.1.4. Fiscal Year 98/99 Increase.
ARTICLE 3.2. Step Increase
3.2.1. Entry Level Step.
3.2.2. Consideration for Step Increase.
3.2.3. Merit Increases.
3.2.4. Anniversary Date.
3.2.5. Promotions.
3.2.6. Performance Evaluation.
ARTICLE 33. SALARY CHANGE ON RECLASSIFICATION
3.3.1. To a lower classification.
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MAPE Miscellaneous Unit
July 1, 1996 - June 30, 1989
3.3.2. To a different classification with the same salary range.
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3.3.3. To a higher classification.
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ARTICLE 3.4. COMPENSATION PLAN.
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ARTICLE 3.5. PAY PERIOD
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ARTICLE 3.6. PROBATIONARY PERIOD
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3.6.1. Purpose of Probation.
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3.6.2. Length of Probationary Period.
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3.6.3. Rejection During Probation.
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3.6.4. Notification of Rejection.
9
3.6.5. Extension of Probationary Period.
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3.6.6. Regular Status.
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3.6.7. Promotion of Probationary Employee.
10
3.6.8. Unsuccessful Passage of Promotional Probation.
10
3.6.9. Lateral Transfer Probation.
10
ARTICLE 3.7. SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
10
3.7.1. Out -of -Class Compensation.
10
CHAPTER 4. BENEFITS
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ARTICLE 4.1. HEALTH AND WELFARE
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4.1.1. City Contribution.
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4.1.2. Pay Back Provision.
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4.1.3. Health Insurance.
11
4.1.4. Retirees Health Insurance.
11
4.1.5. 125 Plan.
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4.1.6. Pro Rata Benefit Rules.
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ARTICLE 4.2. DENTAL INSURANCE
12
ARTICLE 4.3. JOINT BENEFIT COMMITTEE
12
ARTICLE 4.4. STATE DISABILITY INSURANCE (SDI)
12
ARTICLE 4.5. RETIREMENT
13
4.5.1. City Contribution.
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4.5.2. Contribution with Pre-tax Dollars.
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ARTICLE 4.6. SICK LEAVE
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4.6.1. Eligibility.
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4.6.2. Accumulation.
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4.6.3. Use of Sick Leave.
14
4.6.4. Advance of Sick Leave.
14
4.6.5. Compensation For Unused Portion.
15
4.6.6. Sick Leave Incentive.
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ARTICLE 4.7. VACATION LEAVE
15
4.7.1. Eligibility.
15
4.7.2. Rate of Accrual.
15
4.7.3. Administration of Vacation Leave.
16
4.7.4. Vacation Cash In.
16
ARTICLE 4.8. HOLIDAYS 17
MAPE Miscellaneous Unit
July 1, 1996 - June 30, 1989
4.8.1. Paid Holidays. 17
ARTICLE 4.9. OTHER LEAVES
17
4.9.1. Bereavement Leave.
17
4.9.2. Military Leave.
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4.9.3. Leave of Absence Without Pay.
18
4.9.4. Industrial Injury Leave.
18
4.9.5. Jury Duty.
18
4.9.6. Safety Holiday.
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4.9.7. Family Medical Leave.
19
4.9.8. Catastrophic Leave
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CHAPTER 5. TERMS AND CONDITIONS
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ARTICLE 5.1. WORK WEEK
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ARTICLE 5.2. OVERTIME
21
ARTICLE 5.3. COMPENSATORY TIME POLICY
21
5.3.1. Accrual Limit.
21
5.3.2. Overtime Rate.
21
5.3.3. Use & Carryover.
21
ARTICLE 5.4. STANDBY OR CALL-BACK DUTY
22
5.4.1. Compensation When Assigned to Standby Duty.
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5.4.2. Minimum Payment for Call Out.
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5.4.3. Compensation When Not Assigned to Call Back Duty.
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5.4.4. Standby Residency and Pagers.
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ARTICLE 5.5. TRANSFERS / REASSIGNMENTS
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5.5.1. Types of Transfers.
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5.5.2. Minimum Qualifications.
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5.5.3. Transfer Procedures.
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ARTICLE 5.6. EDUCATION REIMBURSEMENT PROGRAM
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ARTICLE 5.7. MECHANIC TOOL REIMBURSEMENT
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ARTICLE 5.8. UNIFORM ALLOWANCE
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5.8.1. Sewer and Garage Employees Uniform Maintenance Program.
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5.8.2. Uniform Allowance.
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5.8.3. Uniform Jacket Cleaning Allowance.
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ARTICLE 5.9. SAFETY
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5.9.1. Hazardous Materials.
25
ARTICLE 5.10. MISCELLANEOUS
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5.10.1. Confidential Nature of Personnel Records.
26
5.10.2. Confidential Nature of Medical Records.
26
5.10.3. Outside Employment.
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5.10.4. Gratuities/Solicitation of Contributions.
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5.10.5. Return of City Equipment.
26
5.10.6. Political Activity.
26
5.10.7. Employment of Relatives.
26
5.10.8. Use of City Vehicles.
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5.10.9. Labor/Management Meetings.
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MAPE Miscellaneous Unit
July 1, 1996 - June 30, 1989
5.10.10. Contract Orientation Work Sessions.
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5.10.11. Personnel Rules and Regulations.
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CHAPTER 6. PROCEDURES
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ARTICLE 6.1. DEMOTION AND SUSPENSION
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6.1.1. Demotion.
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6.1.2. Suspension.
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ARTICLE 6.2. TERMINATION OF EMPLOYMENT
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6.2.1. Resignation.
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6.2.2. Termination Layoff.
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6.2.3. Termination - Disciplinary Action.
28
6.2.4. Retirement.
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6.2.5. Rejection During Probation.
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ARTICLE 6.3. DISCIPLINARY ACTION
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6.3.1. Right to Discipline and Discharge.
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6.3.2. Preliminary Notice.
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6.3.3. Disciplinary Action and Appeal.
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6.3.4. Sexual/Racial Harassment.
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ARTICLE 6.4. GRIEVANCE PROCEDURE.
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6.4.1. Definitions.
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6.4.2. Procedure.
31
6.4.3. Arbitration.
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6.4.4. General Provisions.
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ARTICLE 6.5. POSITION RECLASSIFICATION PROCEDURE
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6.5.1. Purpose.
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6.5.2. Policy.
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6.5.3. Creation of New Position.
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6.5.4. Reclassification.
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ARTICLE 6.6. FURLOUGH PROGRAM
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6.6.1. Voluntary Time Off (VTO).
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6.6.2. Mandatory Time Off (WO).
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CHAPTER 7. MANAGEMENT RIGHTS
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CHAPTER 8. REDUCTION IN FORCE
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ARTICLE 8.1. AUTHORITY
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ARTICLE 8.2. NOTICE
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ARTICLE 8.3. ORDER OF LAYOFF
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ARTICLE 8.4. SENIORITY
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ARTICLE 8.5. BUMPING RIGHTS
39
ARTICLE 8.6. TRANSFER RIGHTS
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ARTICLE 8.7. RE-EMPLOYMENT
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8.7.1. General Guidelines.
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8.7.2. Right to Re-employment.
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MAPE Miscellaneous Unit
July 1, 1Q96 -June 30, 1989
8.7.3. Time Limits. 40
8.7.4. Availability. 40
8.7.5. Probationary Status. 40
8.7.6. Restoration of Benefits. 40
MAPE Miscellaneous Unit
July 1, 1998 - June 30, 1989
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
representation 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 June 30, 1999.
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 1.1. INTRODUCTION
1.1.1. Scope of Agreement.
The salaries, hours, fringe benefits and working conditions set forth have been
mutually agree upon by the designated bargaining representatives of the City of
San Rafael (herein -after called "CITY") and the Marin Association of Public
Employees, SEIU Local 949 (herein -after called "UNION") and shall apply to all
employees of the City working in the classifications and bargaining unit set forth
herein.
1.1.2. Term.
This agreement shall be in effect from July 1, 1996 through June 30, 1999.
ARTICLE 1.2. RECOGNITION
1.2.1. Bargaining Unit.
City hereby recognizes Union as bargaining representative for purpose of
establishing salaries, hours, fringe benefits and working conditions for all
employees within the Miscellaneous Bargaining Unit.(As referenced in Exhibit "A"
attached).
1.2.2. Notice to Employees.
Whenever a person is hired in any of the job classifications set forth herein, City
shall notify such person that the Union is the recognized bargaining
representative for employees in that classification.
Page 1
MAPE Miscellaneous Unit
July 1, 10,96 -June 30, 1989
ARTICLE 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. Union Discrimination.
No member, official, or representative of the Union 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 Union.
ARTICLE 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Union agree to keep duplicate originals of this Memorandum
on file in a readily accessible location available for inspection by any employee or
member of the public upon request.
ARTICLE 1.5. EXISTING LAWS, REGULATIONS AND POLICIES
This agreement is subject to all applicable laws of the State of California,
ordinances, regulations, and policies of the City of San Rafael.
ARTICLE 1.6. STRIKES AND LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out
employees, and the Union agrees that it will not agree to, encourage or approve
any strike or slowdown growing out of any dispute relating to the terms of this
Agreement. The Union 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.
ARTICLE 1.7. SEVERABILITY
If any article, paragraph or section of this Memorandum 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 Memorandum shall not be affected thereby, and the parties
shall, if possible, enter into meet -and -confer sessions for the sole purpose of
arriving at a mutually satisfactory replacement for such article, paragraph or
section.
Page 2
MAPE Miscellaneous Unit
July 1, 1996 - June 30, 1989
ARTICLE 1.8. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been
adopted through rules, regulation, ordinance or resolution, which are not
specifically superseded by this Memorandum of Understanding shall remain in full
force and effect throughout the term of this Agreement.
ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1. Understanding.
The parties jointly represent to the City Council that this Memorandum of
Understanding set forth the full and entire understanding of the parties regarding
the matters set forth herein.
1.9.2. Waiver & Modification.
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, nor as to wages or fringe benefits during the period of the
term of this Memorandum.
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 by mutual agreement.
CHAPTER 2. UNION RIGHTS
ARTICLE 2.1. UNION STEWARDS
2.1.1. Designation.
The Union shall by written notice to the City Manager, designate certain of its
members as Union Stewards. Union Stewards shall be permitted reasonable time
for Union activities including grievance representation. In all cases, the Stewards
shall secure permission from the Steward's supervisor before leaving a work
assignment. Such permission shall not be unreasonably withheld.
Union Stewards for salary discussions shall be in accordance with Meyers-Milias-
Brown (MMB) Act.
2.1.2. Bulletin Boards.
Authorized representatives of the Union shall be allowed to post Union notices on
specified bulletin boards maintained on City premises.
Page 3
MAPE Miscellaneous Unit
July 1, 1896 - June 30, 1989
ARTICLE 2.2. DUES DEDUCTION
2.2.1. Dues Collection.
City agrees, upon written consent of the employee involved, to deduct dues, as
established by the Union, from the salaries of its members. The sums so withheld
shall be remitted by City, without delay, along with a list of employees who have
had said dues deducted.
2.2.2. Dues Collection During Separation from Employment
The provisions specified above (2.2.1.) shall not apply during periods of
separation from the representation 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 representation Unit. The term separation includes transfer
out of the Unit, layoff, and leave without pay absences with a duration of more
than five (5) working days.
2.2.3. Agency Shop.
The parties hereto recognize that within the Agency shop provisions of this
agreement, unit employees may opt to join the union or register as a fee payer
during the first thirty (30) days of their employment. Neither the City or the Union
will discriminate against any employee because of the exercise of their statutory
rights. The Union agrees to its obligation to represent all of the employees in the
unit fairly and equally, without regard to their membership in the Union.
Therefore, effective August 1, 1992, any employee of the City as of August 1,
1992, who is a member of the Union on August 1, 1992, or who subsequently
joins, and all employees in the Unit hired on or after that date shall, as a condition
of continued employment, either be required to belong to the Union or to pay to
the Union an amount equal to 90% of that which would be paid by an employee
who decides to become a member of the Union at the time of employment.
The employee's earnings must be regularly sufficient after other legal and
required deductions are made to cover the amount of the dues or service fees
check off authorized. When an employee is in a non -pay status for an entire pay
period, no withholding will be made to cover the pay period from future earnings.
In the case of an employee who is in a non -pay status during only part of the pay
period, and the salary is not sufficient to cover the full withholding, no deduction
shall be made. In this connection, all other legal and required deductions have
priority over Union dues.
The Union shall notify the City in writing as to the amount of such dues uniformly
required of all members of the Union.
Page 4
MAPE Miscellaneous Unit
July 1, 1996 - June 30, 1989
Moneys withheld by the City shall be transmitted to the Treasurer of the Union at
the address specified. The Union shall indemnify, defend, and held the City
harmless against any claims made, and against any suit instituted against the City
on account of check off of employee organization dues or service fees. In
addition, the Union shall refund to the City any amount paid to it in error upon
presentation of supporting evidence.
CHAPTER 3. WAGES
ARTICLE 3.1. General Wages
3.1.1. 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
MAPE/SEIU total compensation in an amount equal to the following:
1. The average plus one dollar to the total compensation paid to the
same or similar classifications in the following ten (10) cities:
Fairfield, Vallejo, Hayward, San Leandro, South San Francisco,
Alameda, Napa, Novato, Santa Rosa and Sausalito; and,
2. The highest total compensation paid to the same or similar
classifications in the following agencies in Marin County: Belvedere,
Corte Madera, Fairfax, Larkspur, Marin County, Mill Valley, Novato,
Ross, San Anselmo, Sausalito, Tiburon.
3.1.2. Fiscal Year 96/97 Increase.
Effective July 1, 1996, all bargaining unit employees shall receive an increase of
six percent (6%) in total compensation. Applying this increase to salary costs only
results in a 6.8% salary increase to all represented job classifications.
3.1.3. Fiscal Year 97/98 Increase.
Effective July 1, 1997, all bargaining unit employees shall receive an increase of
three percent (3%) in total compensation. The total compensation increase will
be applied to salary costs only, resulting in a 3.43% salary increase to all
represented job classifications. An additional one percent (1%) in total
compensation ($57,919 combined Miscellaneous and Supervisory Units) will be
applied to the job classifications that remain below the stated goal as of July 1,
1997. 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:
Page 5
MAPE Miscellaneous Unit
. July 1, 1996 -June 30, 1989
a.) If total revenues of the City exceed $28,995,000 as of June 30, 1997, then
the members of the bargaining units (Miscellaneous and Supervisory) shall
be entitled to apply 28% 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 state goal. Such salary increase will only be applied to the job
classifications that remain below the stated goal effective July 1, 1997.
b.) The Union and the City will meet and confer on application of additional
amounts for such salary increases based on departmental savings or
revenue enhancements mutually agreed upon by the City and the Union.
c.) In no event will salary or compensation increases provided for the
bargaining unit employees exceed the stated goal.
3.1.4. Fiscal Year 98/99 Increase.
Effective July 1, 1998, all bargaining unit employees shall receive an increase of
three percent (3%) in total compensation. The total compensation increase will
be applied to salary costs only, resulting in a 3.41 % salary increase to all
represented job classifications. An additional one percent (1%) in total
compensation ($60,352 combined Miscellaneous and Supervisory Unit) will be
applied to the job classifications that remain below the stated goal as of July 1,
1998. 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, such
employees shall be entitled to apply 28% 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.
b.) The Union and the City will meet and confer on application of additional
amounts for salary increases based on departmental savings or revenue
enhancements mutually agreed upon by the City and the Union.
c.) In no event will salary or compensation increases provided for bargaining
unit employees exceed the stated goal.
Both parties agree to conduct a joint salary survey prior to the end of the first and
second year of this M.O.U. in order to determine the job classifications eligible for
equity increases noted in 3.1.3. and 3.1.4..
Page 6
MAPE Miscellaneous Unit
July 1, 1996 -June 30, 1989
ARTICLE 3.2. Step Increase
3.2.1. Entry Level Step.
All initial employment shall be at the first step of the salary range, provided that
the City Manager may make an appointment to a position at an appropriate higher
salary when, in his/her opinion, it is necessary to obtain 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 a
beginning salary in excess of the first step.
3.2.2. Consideration for Step Increase.
An employee may be considered for a salary step increase in accordance with the
time interval established in the salary plan, as referenced in Exhibit "A". Which,
unless otherwise noted, salary step increases within established salary ranges
are scheduled at yearly intervals. Advancement to a higher salary step within an
established salary range is granted for continued improvements and efficient and
effective work by the employee in the performance of his/her duties.
3.2.3. Merit Increases.
Accelerated merit performance step increases of five percent (5%) may be
granted an employee based upon the recommendation of the Department Head
and approved by the City Manager. Employees at the maximum step of their
salary range may be granted a merit performance step increase of five percent
(5%) above and beyond their salary range. A merit step increase may be
effective for up to one (1) year. A merit step increase may be withdrawn and is
not a disciplinary action and is not appealable.
3.2.4. Anniversary Date.
Effective 1-1-89, the anniversary date for employees promoted on or after this
date shall remain unchanged. Based upon job performance, as measured by a
Performance Evaluation, employees may receive consideration for a step
increase within their salary range on their anniversary date.
3.2.5. Promotions.
Employees promoted to higher level positions shall be placed at the step in the
new salary range that will provide, at a minimum, a five (5%) increase (unless that
would exceed the top step in the salary range).
3.2.6. Performance Evaluation.
Prior to the completion of the probationary period, a minimum of one performance
evaluation report shall be reviewed with the employee.
Page 7
MAPE Miscellaneous Unit
July 1, 1 0696 - June 30, 1989
Upon completion of the probationary period, a performance report shall be
prepared and reviewed yearly thereafter for each employee in the Classified
Service, as a means of determining whether in -grade salary increases are
merited, and/or as a means of improving employee performance and
communication between supervisors and subordinates.
ARTICLE 3.3. SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified the incumbent shall be affected as outlined
below:
3.3.1. To a lower classification.
When a position is re -allocated to a lower classification. The incumbent is either:
1. Transferred to a vacant position in the former classification; or
2. If the incumbent's current salary is greater than the top step of the lower
classification, Y -rated at the current salary until the salary of the lower
classification is at or above the Y -rate.
3.3.2. To a different classification with the same salary range.
When a position is reallocated to a different classification with the same salary
range, the incumbent shall be granted the same status in the new classification, in
which he/she shall be paid at the same step of the range and shall maintain the
same salary rights.
3.3.3. To a higher classification.
When a position is reclassified to a classification with a higher salary range, the
incumbent is moved into the higher classification with the position, except in the
circumstances prescribed below. Placement in the salary range shall be in
accordance with the appropriate memorandum of understanding.
If the duties upon which the reclassification are based could have been assigned
to any of a number of employees in that classification within the division or
department, then a promotional exam is held for the reclassified position. Such
an exam is a departmental only recruitment limited to employees within that
classification. If the incumbent is not successful in this competitive process,
she/he is assigned to the position vacated by the promotion.
ARTICLE 3.4. COMPENSATION PLAN.
The Compensation Plan adopted by the City Council shall provide for salary
schedules, rates, ranges, steps and any other special circumstances or items
related to the total compensation paid employees.
Page 8
MAPE Miscellaneous Unit
July 1, 1596 - June 30, 1989
Each position within the classified services shall be allocated to its appropriate
class in the classification plan on the basis of duties and responsibilities. Each
class shall be assigned a salary range or a rate established in the salary plan. All
persons entering the classified service shall be compensated in accordance with
the salary plan then in effect.
All initial employment's shall be at the first step of the salary range. The City
Manager or his/her designee may authorize, upon the recommendation of the
Appointing Authority, a position at an appropriate higher salary when, in his/her
opinion, it is necessary to obtain(ing) qualified personnel or when it appears that
the education or experience of a proposed employee is substantially superior to
the minimum requirements of the class and justifies a beginning salary in excess
of the first step.
ARTICLE 3.5. 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 Finance is able to complete the
payroll by the previous work day. The method of the distributing payroll shall be
established by the Director of Administrative Services.
ARTICLE 3.6. PROBATIONARY PERIOD
3.6.1. Purpose of Probation.
After passing an examination and accepting appointment, each employee shall
serve a period of probation beginning on the date of appointment. Such period
shall be for the purpose of determining the employee's ability to perform
satisfactorily the duties prescribed for the position.
3.6.2. Length of Probationary Period.
The probationary period on original and promotional appointment shall be for
one(1) year.
3.6.3. Rejection During Probation.
During the probationary period an employee may be rejected at any time by the
Appointing Authority without the right of appeal.
3.6.4. Notification of Rejection.
On determining that a probationary employee's work is not satisfactory, the
Appointing Authority shall notify the Personnel Director in writing of his/her
intention to terminate the employee. After discussion with the Personnel Director,
the Appointing Authority shall notify employee in writing of his/her rejection.
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MAPE Miscellaneous Unit
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3.6.5. 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.
3.6.6. Regular Status.
Regular status shall commence with the day following the expiration date of the
probationary period.
3.6.7. 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.
3.6.8. 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. 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.
3.6.9. Lateral Transfer Probation.
Voluntary transfers to another job classification, within the same salary range,
shall require a six (6) month probationary period. In the event of unsuccessful
passage of this period refer to 3.6.8.
ARTICLE 3.7. SPECIFIED WAGE ADJUSTMENTS /DIFFERENTIALS
3.7.1. Out -of -Class Compensation.
Employees assigned in writing by their supervisor to perform work in a higher paid
classification, shall be compensated at a rate 5% greater than the employee's
current base salary or the lower step of the classification within which the duties
fall, whichever is greater after a cumulative three (3) days of work in that higher
paid classification. The out -of -class increase shall be retroactive to the first day
of the assignment.
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CHAPTER 4. BENEFITS
ARTICLE 4.1. HEALTH AND WELFARE
4.1.1. City Contribution.
A base level of $240/month will be established as the City's contribution toward
City offered health insurance premiums for both active and retired employees
(employees retiring on or after 9-15-90).
Active employees will have a Flexible Spending Account equal to $180/month,
that may be used to pay for excessive, over the $240 base level, employee cost(s)
to enroll in City offered group Accident, Life and Disability insurance plans.
Selection of coverage must include the $5,000 basic group life insurance program
and the employee's basic health plan (unless employee can provide proof of other
health insurance coverage).
4.1.2. Pay Back Provision.
For active employees, the difference between the allotted amount (base level and
Flexible Spending Account) and the cost of the City -offered Health, Accident, Life
and Disability insurance plans will be paid back to the employee up to a maximum
payback of $60/month. Pay Back is pro rated for part time employees covered by
this Agreement.
4.1.3. Health Insurance.
The City shall have the option, after meeting and consulting with representatives
of MAPE Stewards' Council, 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 from those benefits
available under the PERS program.
4.1.4. Retirees Health Insurance.
Any employee who retires after July 1, 1985 and before 9-15-90, is entitled to a
medical benefit and the City's contribution to such coverage that will not
exceed the cost of the two party rate of the mean of the two middle cost medical
plans.
Employees retiring on or after 9-15-91 and within 120 days of leaving City
employment shall receive a $240 per month contribution toward the cost of the
health insurance plan they are enrolled in through the City. There are no pay
back provisions for retirees.
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MAPE Miscellaneous Unit
July 1, 1996 - June 30, 1989
4.1.5. 125 Plan.
The City will offer a 125 Plan for excess health insurance premiums as long as
such a plan is desired by the Union and possible under the IRS code.
4.1.6. Pro Rata Benefit Rules.
Employees covered by this Agreement who work less than full time but more than
twenty (20) hours per week on a regular basis shall be eligible to receive: a) pro
rated leave benefits; b) a pro rated share of the monthly dollar contribution made
by the city to be used for enrollment in city offered group health, life, and long
term disability insurance plans which the employee may be eligible for based
upon the regular hours the employee works, and c) pro rated share shall be
equivalent to the part time employee position's ratio of hours worked to full time
equivalency.
ARTICLE 4.2. DENTAL INSURANCE
The City will provide a dental insurance program which offers 100% coverage for
diagnostic and preventative care; $25.00 deductible on corrective care (80/20);
and an 80% payment of eligible costs associated with crown and cast restoration
per patient per calendar year and orthodontic coverage for eligible dependents
(50/50). The dental provider will provide payments for covered services at the
percentage indicated in the plan booklet up to a maximum of $1,500 for each
enrollee in each calendar year.
ARTICLE 4.3. JOINT BENEFIT COMMITTEE
Both parties agree to continue to utilize the Joint Benefits Committee for ongoing
review of benefit programs, cost containment and cost savings options. The
Committee shall be made up of representatives of the Miscellaneous,
Supervisory, Police, Fire and Management employees.
ARTICLE 4.4. STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically
deducted from their pay check and no City contribution will be made toward
participation in the plan.
It is incumbent upon the employee to keep the City advised of their medical status
and eligibility for SDI With this notification, SDI benefits, as determined by the
State, shall be integrated with accrued sick and vacation leave in the following
manner:
1. Employee notifies supervisor of disability and need for time off. At the
same time employee files for SDI through the State Office.
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MAPE Miscellaneous Unit
July 1, 1996 -June 30, 1989
2. Supervisor verifies from leave records the employee's accrual balances
and projects whether or not employee would, under normal circumstances,
be placed in a leave without pay status during the time off period.
3. Personnel Action Form (PAF) is completed by the supervisor to document
request and approval of extended leave.
4. Personnel Department, on receipt of PAF, contacts employee and
supervisor to discuss availability of coordination of SDI with leave benefits.
5. Employee's time off is recorded as sick leave and if necessary then
vacation leave on time cards submitted by the supervisor to the Payroll
Office.
6. On receipt of the SDI checks employee endorses the checks over to the
City of San Rafael.
7. Based upon employee's hourly rate of pay the Payroll Office computes how
much used sick and/or vacation leave time the employee may buy back
and credits the employee with those hours. NOTE: The employee may not
buy back more than accrued at or during the time of the disability.
8. The Personnel Department, after notification from Payroll, notifies the
employee when they have used all accrued sick and/or vacation time and
when leave without pay status (LWOP) begins. Once the employee is on
LWOP they would keep any SDI checks received and would be fully
responsible for the monthly health, dental and life insurance premiums if
they chose to remain in the group plans.
ARTICLE 4.5. RETIREMENT
4.5.1. City Contribution.
The City will pay up to a maximum of five percent (5%) of an employee's salary or
fifty percent (50%) of the employee's retirement contribution rate, whichever is
less, to the Marin County Retirement System.
4.5.2. Contribution with Pre-tax Dollars.
The City of San Rafael acknowledges that under its current practice, the
employee's share of their retirement contribution is deducted with pretax dollars.
This practice will continue until changed through the Meet and Confer process or
until IRS regulations change.
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MAPE Miscellaneous Unit
July 1, 1996 - June 30, 1989
ARTICLE 4.6. SICK LEAVE
4.6.1. Eligibility.
Sick leave with pay shall be granted to each eligible employee. Sick leave may
not be used at an employee's discretion, but shall be allowed only in case of
necessity and actual sickness or disability. The employee is required to notify
employee's immediate supervisor or department head according to department
Rules and Regulations at the beginning of his/her daily duties. Every employee
who is absent from his/her duties for two (2) consecutive work days shall file with
the Personnel Director, a physician's certificate or the employee's personal
affidavit stating the cause of the illness or disability.
4.6.2. 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. Effective 7-1-90, the cap on sick leave accrual, 150 days, is
eliminated for accrual purposes only. The cap remains in effect for sick leave
separation payoff purposes for those hired before 10-1-79.
4.6.3. 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 (family member
means an employee's spouse, and any unmarried child, including
adopted child, a stepchild, or recognized natural child who lives with the
employee in a regular parent-child relationship), or physical incapacity
resulting from causes beyond the employee's control; or
2. Enforced quarantine of the employee in accordance with community
health regulations; or
3. Medical appointments that cannot be scheduled during non -working
hours shall be charged to sick leave.
4.6.4. Advance of Sick Leave.
Whenever circumstances require, and with the approval of the City Manager, sick
leave may be taken in advance of accrual up to a maximum determined by the
City Manager, provided that any employee separated from the service who has
been granted sick leave that is unaccrued at the time of such separation shall
reimburse the City of all salary paid in connection with such unaccrued leave.
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MAPE Miscellaneous Unit
July 1, 1996 - June 30, 1989
4.6.5. Compensation For Unused Portion.
Upon termination of employment by resignation, retirement or death, a regular
employee who leaves the City service in good standing and who was employed in
the Miscellaneous unit before October 1, 1979, shall receive compensation for all
accumulated unused sick leave based upon the rate of three percent (3%) for
each year of service, to a maximum of fifty percent (50%).
4.6.6. Sick Leave Incentive.
Sick Leave Incentive Program: (Applicable to those employees hired after October
1, 1979):
Absence Rate
07/01 - 06/30
None
01-16 hours
17-24 hours
ARTICLE 4.7.
4.7.1. Eligibility.
VACATION LEAVE
Incentive
8 hours of pay
6 hours of pay
4 hours of pay
Annual vacation with pay shall be granted each eligible 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 department head.
4.7.2. Rate of Accrual.
Vacation benefits shall accrue during the probationary period. Each regular full
time employee shall commence to accrue vacation at the following rate for
continuous service:
Service
Annual Hours
Hours Per Month
Year
1
75.000 hours
6.2500
2
75.000 hours
6.2500
3
75.000 hours
6.2500
4
112.500 hours
9.3750
5
117.867 hours
9.8222
6
123.234 hours
10.2695
7
128.601 hours
10.7167
8
133.968 hours
11.1640
9
139.335 hours
11.6110
10
144.702 hours
12.0580
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MAPE Miscellaneous Unit
July 1, 1996 -June 30, 1989
11
150.000 hours
12.5000
12
157.500 hours
13.1250
13
165.000 hours
13.7500
14
172.500 hours
14.3750
15
180.000 hours
15.0000
16 plus
187.500 hours
15.6250
4.7.3. Administration of Vacation Leave.
The City Manager, upon the recommendation of the department head, may
advance vacation credits to any eligible employee. Vacation days may be carried
forward only after approval has been secured from the department head and the
City Manager. The amount carried forward shall not exceed the annual vacation
allotment for the individual.
No employee may annually carry forward in excess of five (5) days of his/her
annual earned vacation and in no case may he/she have accumulated at the
close of any calendar year (December 31) total accumulated days in excess of
thirty (30); however, on certain occasions, for the convenience of a department,
the City Manager may extend said accrued vacation leave at City Manager's
discretion.
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 employee's
department head with particular regard for the needs of the City but also, insofar
as possible, considering the wishes of the employee. In the event that one or
more City holidays 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.
4.7.4. 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 twelve (12) month period.
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MAPE Miscellaneous Unit
July 1, 1996 - June 30, 1989
ARTICLE 4.8. HOLIDAYS
4.8.1. Paid Holidays.
All employees who are required to work on a day designated as an authorized
holiday, other than a day on which an election is held throughout the state, shall
be paid at the applicable rate of pay for the number of hours actually worked.
When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday
holiday or the Monday following a Sunday holiday shall be deemed to be a
holiday in lieu of the day observed.
The following holidays will be observed:
January 1st: New Year's Day
The third Monday in January: Martin Luther King Day
The third Monday in February: Washington's Birthday
The last Monday in May. Memorial Day
July 4th: Independence Day
The first Monday in September.- Labor Day
November 11: Veteran's Day
The fourth Thursday of November. Thanksgiving day
The fourth Friday of November. • Day after Thanksgiving
December 25th: Christmas Day
A holiday will also be granted on every other day appointed by the Governor for a
holiday or day of mourning. In addition to designated holidays, employees in this
Unit receive two (2) floating holidays. Floating holidays not used are added to
employee's vacation balance.
ARTICLE 4.9. OTHER LEAVES
4.9.1. Bereavement Leave.
In the event of the death of an employee's spouse, child, parent, brother, sister,
in-laws, relative who lives or has lived in the home of the employee to such an
extent that the relative was considered a member of the immediate family and/or
another individual who has a legal familial relationship to the employee and
resided in the employee's household, up to three (3) days within the State and up
to five (5) days out-of-state may be granted for bereavement leave.
In those cases where the death involves an individual who had such a
relationship with the employee, as defined above, the employee shall sign a
simple affidavit describing the relationship and submit this to the department head
as part of the request for bereavement leave.
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MAPE Miscellaneous Unit
July 1, 1'996 - June 30, 1989
4.9.2. Military Leave.
Military leave shall be granted in accordance with the State of California Military
and Veteran's Code as amended from time to time. All employees entitled to
military leave shall give the appointing authority an the department head an
opportunity, within the limits of military regulations, to determine when such leave
shall be taken.
4.9.3. Leave of Absence Without Pay.
Leave of absence without pay may be granted by the City Manager upon the
written request of the employee. Accrued vacation leave must be exhausted prior
to the granting of leave without pay.
4.9.4. Industrial Injury Leave.
For benefits under Workers Compensation, an employee should report any on the
job injury to his/her supervisor as soon as possible, preferably within twenty-four
(24) hours. The City Manager's office coordinates benefits for Worker's
Compensation claims. For further information, see the Industrial Accidents and
Injuries section of the City's Injury and Illness Prevention Program.
All regular, full time employees of the City who have suffered any disability arising
out of and in the course of their employment as defined by the Worker's
Compensation Insurance and Safety Act of the State of California, and who are
receiving or shall receive compensation from the insurance carrier for such
disability, and during the first seven (7) days after such disability when
compensation is not paid by the insurance carrier, shall be entitled to remain
absent from duty with pay until such time as they are able to return to duty or
some other final disposition is made of their case; provided, however,
compensation leave payments shall not exceed the following limitations:
Compensation leave payments shall not exceed the employee's regular full
pay for the first three 3) calendar months and three-fourths (3/4) of the
regular full pay for the following six (6) calendar months. Worker's
compensation checks due the employee will be made payable to the City of
San Rafael and the employee. After said check is properly endorsed, it
shall be deposited with the City Treasurer.
All other employees shall be entitled to such compensation as may be
allowed them by the Worker's Compensation Insurance and Safety Act of
the State of California.
4.9.5. Jury Duty.
Employees required to report to jury duty shall be granted a leave of absence with
pay from their assigned duties until released by the court, provided that the
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MAPE Miscellaneous Unit
July 1, 1'x96 -June 30, 1989
employee provides advance notice to the Appointing Authority and remits to the
City all per diem service fees except mileage or subsistence allowance within
thirty days from the termination of such duty.
4.9.6. Safety Holiday.
A Safety Holiday Incentive Program is established for maintenance employees.
Employees will be placed in one of three units. The units are: (1) Parks; (2)
Streets; and (3) Sewers, Garage, Building Maintenance, and Recreation
Custodians. For part-time employees in these units who are eligible for benefits,
the holiday will be pro -rated. If all employees of a designated unit complete six
(6) months without a work-related injury or illness resulting in one full day of lost
time, a Safety Holiday will be granted to all employees of that unit with prior
Supervisory approval.
4.9.7. Family Medical Leave.
Family leave shall be granted in accordance with the federal Family and Medical
Leave Act of 1993 and the California Family Rights Act of 1991. Requests for
Family Care Leave are submitted to the employee's department head for approval
and reviewed by the Personnel Director for consistency with the law prior to
approval. Employees approved for this type of leave must use appropriate
accrued and unused vacation leave and/or compensatory time before going on
leave without pay status. Accrued and unused sick leave may be used if
appropriate and requested. Sick leave usage is to be consistent with sick leave
provisions of the M.O.U. To be eligible for this family leave benefit, an employee
must have worked continuously for the City of San Rafael for at least 12 months.
An eligible employee may use family medical leave:
• For the birth or placement of a child for adoption or foster care;
• To care for an immediate family member (spouse, child or parent) with a
serious health condition; or,
• To take medical leave when the employee is unable to work because of
a serious health condition.
An employee shall be entitled to twelve (12) weeks of leave of absence which
need not be consecutive, subject to the conditions indicated herein and the law.
If the employee's spouse is employed by the City, the total time allowed for family
medical leave shall be twelve (12) weeks in any one calendar year.
The City shall continue to provide paid coverage of health benefits for the
duration of the approved leave of absence.
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MAPE Miscellaneous Unit
• July 1, 1`J96 - June 30, 1989
4.9.8. Catastrophic Leave
Employees may donate accrued leave to other employees suffering from a
catastrophic illness or injury either to themselves, a spouse, a parent, or to a
dependent minor child. Catastrophic leave is a paid leave of absence due to life
threatening verifiable long-term illness or injury such as, but not limited to, cancer
or heart attack which clearly disables the individual. Employees who have
successfully completed 1,950 hours or one year in paid status shall be eligible for
catastrophic leave due to their own serious illness or injury or serious illness or
injury to spouse, parent, or dependent minor child.
The employee must first exhaust all accrued sick leave, vacation leave, and
compensatory time before qualifying for catastrophic leave. Catastrophic leave
shall be additional paid leave available from vacation, sick leave, or administrative
leave hours donated by other employees to a specific qualified employee.
Employees donating vacation, sick leave, or administrative leave must donate in
increments of whole hours. The donating employee must have a vacation leave
balance of at least 40 hours after the donation of vacation leave. The donating
employee may not donate more than one-half of their accrued sick leave, and
must be left with a balance of at least eighty (80) hours of accrued sick leave after
the donation. Employees may donate all of their administrative leave.
An employee requesting catastrophic leave must receive the recommendation of
the Department Head and the approval of the City Manager. Such leave may
initially be approved for up to a maximum of 340 donated hours. If the
catastrophic illness or injury continues, up to an additional 340 donated hours
may be recommended and approved. The Personnel Department and the
Finance Department shall account for the donation and disbursement of
catastrophic leave hours. All time donated will be credited on an hour -to -hour
basis regardless of hourly pay differentials between the donating employee and
recipient.
Catastrophic leave shall not be used in conjunction with any long- or short-term
disability or Workers' Compensation Leave. While an employee is on
catastrophic leave, using donated hours, the employee shall not accrue any
vacation or sick leave.
CHAPTER 5. TERMS AND CONDITIONS
ARTICLE 5.1. WORK WEEK
The WORK WEEK will reflect a thirty-seven and one-half (37 1/2) hour work week
and a work day of seven and one-half (7 1/2) hours for all represented job classes
in this Agreement and all accruals and usages in the contract will reflect a seven
and one-half (7 1/2) hour work day. Nothing herein will prevent a Department
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MAPE Miscellaneous Unit
July 1, 1 596 - June 30, 1989
Head, in his/her discretion, from adopting a flexible schedule or variable work
week by either meeting and conferring with the Union or the consent of the
affected employee(s).
ARTICLE 5.2. OVERTIME
Shall mean actual time authorized and worked beyond the regular work week or
work day. A work or duty week shall be defined as seven (7) consecutive
calendar days. Overtime is compensable to the nearest half-hour, and must have
prior authorization and approval of the Department Head. (See Attachment "C"
for clarification).
Each Department Head shall have the authority to designate certain job
classifications for mandatory overtime in emergencies. In the event the
Department Head determines that there is a staffing need during an emergency,
the Department Head shall first make a reasonable effort to seek qualified
volunteers to work overtime during the emergency. If the Department Head
determines that there are an insufficient number of volunteers, or if time
constraints prevent the soliciting of volunteers, the Department Head may order
employees in the designated classifications (may vary depending on the
emergency but primarily relates to job classifications in the Street Division of
Public Works) to report to work in overtime status to address the emergency.
ARTICLE 5.3. COMPENSATORY TIME POLICY
With the department head's approval, compensatory time, in lieu of overtime pay,
may be taken subject to the following rules:
5.3.1. Accrual Limit.
Upon accrual of sixty (60) hours of compensatory time, employees shall be paid
overtime at a rate of time and one-half of their base salary rate for hours worked
and may not accrue additional compensatory time.
5.3.2. Overtime Rate.
Employees who work overtime may be paid for it at the rate of time and one-half
or may accrue compensatory time at a rate of time and one-half subject to the
limitations in 5.3.1. Employees who elect compensatory time must take the time
off, preferably within the quarter during which it was earned, and shall not be paid
for it.
5.3.3. Use & Carryover.
All compensatory time earned during the fiscal year must be used by June 30th of
that year with one exception. Upon the recommendation of the supervisor and
approval of the department head, employees may carry over up to sixty (60) hours
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MAPE Miscellaneous Unit
July 1, 1b96 -June 30, 1989
of compensatory time provided it is taken within the following quarter (7-1 to 9-
30).
ARTICLE 5.4. STANDBY OR CALL-BACK DUTY
5.4.1. Compensation When Assigned to Standby Duty.
Miscellaneous employees assigned standby duty on Saturday, Sunday or a day
designated as an authorized holiday by the City Council shall be compensated at
the rate of six (6) hours of their base salary for each day of standby duty.
Weekend duty will start at 12:00 midnight on Friday, and will end 12:00 a.m. on
Monday. On holidays during the week, duty will start at 12:00 a.m. on the
designed holiday and will end at 12:00 a.m. on the next regular work day, or the
employee will receive compensatory time off on a straight time basis. At the time
of accrual, the employee will designate either salary or compensatory time.
Compensatory time off must be approved in accordance with normal leave
request procedures.
5.4.2. Minimum Payment for Call Out.
Employees on standby duty who are called out and required to work, shall be paid
a minimum of two (2) hours at the rate of time and one half, for each time they are
called out.
5.4.3. Compensation When Not Assigned to Call Back Duty.
When an employee not assigned to standby duty is called back to duty, the
employee shall receive compensation for a minimum of four (4) hours.
5.4.4. Standby Residency and Pagers.
The residency requirement for standby personnel shall include those individuals
who live within a thirty (30) minute travel distance from the Corporation Yard.
Pagers shall be provided to those persons on standby.
A MAPE Miscellaneous Unit employee within the residency area shall be
considered eligible for standby duty from 12:00 midnight Wednesday to the
following Wednesday at 12:00 midnight. This includes all holidays that may fall
within that period. At the end of this one week period, the standby is then
assigned to the next employee on the list. The following is the standby list
selection:
As an employee's turn comes up through regular rotation, the employee
must observe the following rules:
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MAPE Miscellaneous Unit
July 1, 1996 - June 30, 1989
a. If the employee is sick, or has scheduled time off, standby will move
to the next person on the list.
b. The employee scheduled for standby must pick up the beeper and
keys from the Street Maintenance Supervisor at 3:00 p.m. on the
day before the standby study begins.
It is noted this list was originally established by lottery; new employees are
placed at the bottom of the list.
ARTICLE 5.5. TRANSFERS/ REASSIGNMENTS
5.5.1. Types of Transfers.
Transfers may be within the same department (intra -departmental) or between
departments (inter -departmental). The requirements for each are as follows:
a. Intra -departmental transfers.
The Appointing Authority shall have the authority to transfer an employee
from a position in one division of a department to a position in the same or
similar classification with the same salary range, in the same division or to
another division of the same department. (at any time and for any
duration).
b. Inter -departmental transfers.
An employee may transfer from a position in one (1) department to a
position in the same or similar classification in another department,
provided the consent of the two Appointing Authorities and the City
Manager is obtained.
C. Voluntary Transfers.
An employee may make a written request for transfer to the Personnel
Director to a position in the same or similar classification with the same
salary range. Such a transfer may be made on the recommendation of the
affected Department Head(s) and the approval of the City Manager.
5.5.2. Minimum Qualifications.
Any persons transferred to a different position shall possess the minimum
qualifications for the position.
5.5.3. Transfer Procedures.
The City Manager may authorize the transfer of an employee from one position to
another of the same or comparable class of work and where the same general
type of examination is given for entrance to such a position.
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Transfers from one department to another department having a different
jurisdiction or different function shall be done only with the consent of the
Department Heads, involved, unless such a transfer is ordered by the City
Manager for purpose of economy or efficiency.
Any person transferred to a different position shall possess the minimum
qualifications for the position.
Employees who have completed their initial probation may seek voluntary
transfers to positions within the same job class, and/or lower level job classes as
long as the employee meets the minimum qualifications for the position.
Employees seeking transfer should submit a completed application to the
Personnel Department. As vacancies occur, transfer candidates may receive
consideration along with those on the eligibility list.
ARTICLE 5.6. EDUCATION REIMBURSEMENT PROGRAM
The Educational Reimbursement is $200/fiscal year, maximum, with the City's
payment not to exceed 75% of the cost. Educational Reimbursement is available
to employees who satisfactorily (grade of C or better, Pass of complete) complete
a course or courses that are pre -determined to be job related and/or that will
assist the employee to prepare for career advancement in his/her field. To be
eligible, employees must have completed probation at the time of the
reimbursement which is made at the end of the semester.
The Educational Reimbursement Program will include reimbursement of up to
$50/fiscal year for professional membership dues for work-related organizations
for employees in the "Administrative" or "Professional" sections of the
Miscellaneous Bargaining Unit. Prior supervisory approval is necessary to be
eligible for reimbursement. The total reimbursable amount remains at $200/fiscal
year.
ARTICLE 5.7. MECHANIC TOOL REIMBURSEMENT
The City will provide up to $100/fiscal year tool reimbursement to Vehicle
Equipment Mechanics and the Equipment Service Attendant for tools purchased
for use in the course of City work. Employees must submit proof of payment for
purchase prior to reimbursement.
ARTICLE 5.8. UNIFORM ALLOWANCE
5.8.1. Sewer and Garage Employees Uniform Maintenance Program.
Uniform shirts, pants and coveralls will be provided and laundered for the
maintenance employees of the Sewer and Garage work units.
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5.8.2. Uniform Allowance.
Maintenance employees in Parks, Streets, Building Maintenance and Recreation
who must wear uniforms shall receive a uniform allowance in the amount off
$157.50 at the completion of each six (6) months of service ending June 30th and
December 31st. A pro -ration at the rate of $26.25/month may be given with the
recommendation of the department head and the approval of the City Manager.
The uniform allowance includes foul weather gear. Uniforms and gear must be in
accordance with the departmental dress code and safety requirements.
A safety shoe allowance of $85.00/year will be provided to City Hall employees
who have field assignments in or about construction sites or have related
activities and to all Corporation Yard maintenance employees and Custodians.
The allowance for boots and rain gear for Sewers and Garage maintenance
employees shall be $130.00/year. Payment shall be made on December 31 st.
5.8.3. Uniform Jacket Cleaning Allowance.
Maintenance employees of the Sewer work unit will receive a work jacket cleaning
allowance of $60.00 at the completion of each six (6) months of service ending
June 30th and December 31st. A pro -ration of $10.00/month may be given with
the recommendation of the department head and approval of the City Manager.
ARTICLE 5.9. SAFETY
The City of San Rafael is committed to providing a safe and healthy place to work.
The City shall furnish safety devices and safeguards, and shall adopt and use
methods and processes adequate to ensure that the work place is safe and
healthy. Employees are expected to obey safety rules and make proper use of
safety gear and equipment. The City's safety policies and procedures shall
comply with all applicable state laws related to a safe work environment.
5.9.1. Hazardous Materials.
Maintenance employees in the MAPE unit will be provided with the necessary
training associated with what is termed first responder awareness level. First
responders at this level (awareness only) are those who are likely to witness or
discover a hazardous substance release and who have been trained to initiate an
emergency response operations level. "Awareness" individuals take no action
beyond notifying the designated authorities of the release. The Deputy Fire
Marshal is the Hazardous Material Coordinator in San Rafael.
It is understood and agreed by both parties that maintenance employees in this
MAPF unit do not have any responsibility to clean up, mitigate or otherwise
dispose of hazardous materials. The Fire Department personnel and/or contract
personnel have the direct responsibility of dealing with hazardous materials.
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Maintenance employees of this MAPE unit do have direct responsibility to handle
(clean up, mitigate, transport, dispose of, etc.) petroleum products such as diesel
fuel gasoline, drain oil, and the like.
ARTICLE 5.10. MISCELLANEOUS
5.10.1. Confidential Nature of Personnel Records.
All personnel records and files and examination materials are confidential. The
Personnel Director shall take all necessary steps to protect the confidentiality of
those materials. Disclosure of such records shall be governed by the Public
Records Act, Government Code Sections 6250, et. seq. Individual employees
may review their official personnel file maintained by the Personnel Office and/or
respective appointing authority. With the written consent of the employee, the
authorized representative of the recognized employee organization may also
review that personnel file.
5.10.2. Confidential Nature of Medical Records.
All medical records and files are the property of the City of San Rafael. These
confidential records and files are to be maintained in a file separate from the
employee's personnel file in the Personnel Department. Disclosure of such
records shall be governed by the Public Records Act, Government Code, Section
6250, et. seq.
5.10.3. Outside Employment.
All regular employees are prohibited from employment outside of their City
positions without prior notice to the Appointment Authority. Approval may be
denied by the Appointment Authority when there is sufficient documented
reason(s) to believe a conflict exists and after consultation with the Union and the
affected employee(s).
5.10.4. Gratuities/Solicitation of Contributions.
Shall be governed by the City's Personnel Rules and Regulations.
5.10.5. Return of City Equipment.
Upon termination of employment, all tools, equipment, and other City property
assigned to an employee shall be returned.
5.10.6. Political Activity.
The political activity of City employees shall comply with pertinent provisions of
State and Federal Law.
5.10.7. Employment of Relatives.
Shall be governed by the City's Personnel Rules and Regulations.
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5.10.8. Use of City Vehicles.
Public Works Supervisors, at the direction of the department head, will be allowed
to take a City vehicle home in emergency conditions.
5.10.9. Labor/Management Meetings.
During the term of the Agreement, the City and the Union agree that consultation
meetings may contribute to improved employer-employee relations. Issues
relating to the usage of volunteers, promotional opportunities and the
implementation of safety programs will serve as a basis for initial agenda items to
be discussed and acted upon.
The committee shall be comprised of three (3) representatives from the
Miscellaneous and Supervisory Units and three (3) from City Management as well
as the MAPE/SEIU Field Representative and the Director of Personnel. The
parties agree that committee members may change depending on the subject
matter.
Meetings may be requested by either party. The party requesting the meeting
shall submit a proposed agenda and the receiving party shall acknowledge and
confirm the date, time and location of the requested meeting. It is intended that
the subject matter will not include issues subject to Article 6.4 Grievance
Procedures.
5.10.10. Contract Orientation Work Sessions.
The City and the Union agree that the individuals having responsibility for the
enforcement of the Agreement, Union Stewards and Department
Heads/Supervisors shall participate in an Annual Contract Orientation Work
Session for the purpose of obtaining a better understanding of the provisions of
the contract. These work sessions shall be held on City time and facilities.
5.10.11. Personnel Rules and Regulations.
The Union agrees to accept the revision to the City's Personnel Rules and
Regulations dated April 20, 1991.
CHAPTER 6. PROCEDURES
ARTICLE 6.1. DEMOTION AND SUSPENSION
6.1.1. Demotion.
The Appointing Authority may demote an employee when the following occurs:
(a) The employee FAILS to perform his/her required duties.
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(b) An employee requests such a demotion. No employee shall be demoted to
a classification for which he/she does not possess the minimum
qualifications. When the action is initiated by the Appointing Authority,
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 Department.
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 Article 6.3, "Disciplinary
Action."
6.1.2. Suspension.
The Appointing Authority may suspend an employee from a position at any time
for a disciplinary purpose. Intended suspension action shall be reported
immediately to the Personnel Director, and shall be taken in accordance with
Article 6.3, "Disciplinary Action".
ARTICLE 6.2. TERMINATION OF EMPLOYMENT
6.2.1. Resignation.
An employee wishing to leave the City service in good standing shall file with
his/her immediate supervisor, at least fourteen (14) days before leaving the
service, a written resignation stating the effective date and reason for leaving. A
copy of the resignation shall be forwarded to the Appointing Authority and
Personnel Department.
6.2.2. Termination Layoff.
The Appointing Authority may terminate an employee because of changes in
duties or organization, abolishment of position, shortage of work or funds, or
completion of work for which employment was made.
6.2.3. Termination - Disciplinary Action.
An employee may be terminated at any time for disciplinary action, as provided in
Article 6.3, "Disciplinary Action."
6.2.4. Retirement
Retirement from the City services shall, except as otherwise provided, be subject
to the terms and conditions of the City's contract as amended from time to time,
with the Marin County Retirement System.
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6.2.5. Rejection During Probation.
An employee may be terminated from their position during the probationary period
of their initial appointment to the City's classified service without Right of Appeal.
ARTICLE 6.3. DISCIPLINARY ACTION
6.3.1. Right to Discipline and Discharge.
Upon completion of the designated probationary period an employee shall be
designated as a non -probationary employee and the City shall have the right to
discharge or discipline any such 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 during the
term of this Memorandum of Understanding, in strikes, individual or group
slowdowns or work stoppages, or for violating or ordering the violation of the
Memorandum of Understanding. The City shall use progressive disciplinary steps
(i.e., reprimand, suspension, demotion, discharge) unless the violation is such as
to justify termination. Disciplinary action shall mean discharge/dismissal,
demotion, reduction in salary, and suspension resulting in loss of pay.
In addition, the City may discipline or discharge an employee for the following:
Fraud in securing appointment; negligence of duty; violation of safety rules;
unacceptable attendance record including tardiness, overstaying lunch or break
periods; possession, distribution or under the influence of alcoholic beverages,
non-prescription or unauthorized narcotics or dangerous drugs during working
hours; inability, unwillingness, refusal or failure to perform work as assigned,
required or directed; unauthorized soliciting on City property or time; conviction of
a felony or conviction of a misdemeanor involving moral turpitude; unacceptable
behavior toward (mistreatment of discourteousness to) the general public or fellow
employees or officers of the City; falsifying employment application materials, time
reports, records, or payroll documents or other City records; misuse of City
property; violation of any of the provisions of these working rules and regulations
or departmental rules and regulations; disorderly conduct, participation in fights,
horseplay or brawls; dishonesty or theft; 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; failure to perform to an acceptable
level of work quality and quantity; insubordination; other acts inimicable to the
public service; inability or refusal to provide medical statement on cause of illness
or disability.
6.3.2. Preliminary Notice.
A non -probationary employee shall receive a preliminary written notice from the
employee's Department Head of any proposed disciplinary action that involves the
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MAPE Miscellaneous Unit
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loss of pay. The notice must contain a specific statement of charges or grounds
upon which the proposed disciplinary action is based and the date the disciplinary
action will be effective.
Any known written materials, reports or documents upon which the disciplinary
action is based must be attached to the notice.
Upon the receipt of the notice, the employee shall have five (5) days to appeal the
matter in writing to Step 3 of the Grievance Procedure. If a written appeal is filed,
no disciplinary action shall be imposed until the City Manager has conducted a
hearing with the employee and employee's representative present and having
heard the response of the employee. If no written appeal is filed within five (5)
days, the employee shall be deemed to have waived his right to proceed to Step
4 of the Grievance Procedure.
6.3.3. Disciplinary Action and Appeal.
After hearing the response of the employee the City Manager may order that the
proposed disciplinary action or modification thereof be imposed. Thereafter, the
employee shall notify the City within ten (10) days that the matter is appealed to
Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in
accordance with the Grievance Procedure.
6.3.4. Sexual/Racial Harassment
Sexual/Racial harassment of one employee by another is cause for disciplinary
action including the possibility of immediate discharge.
Sexual harassment is defined as including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the purpose or effect of affecting
employment decisions concerning an individual, or unreasonably interfering with
an individual's work performance, or creating an intimidating and hostile working
environment.
Racial harassment is defined as including but not limited to verbal, or physical
conduct of a racial nature, when such conduct has the purpose or effect of
affecting employment decisions concerning an individual, or unreasonably
interfering with an individual's work performance, or creating an intimidating and
hostile working environment.
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ARTICLE 6.4. GRIEVANCE PROCEDURE.
6.4.1. Definitions.
(1) Grievance is a dispute which involves the interpretation or
application of any provision of this Memorandum of Understanding.
All ordinances, resolutions, rules and regulations, which are not
specifically covered by the provisions of this Memorandum shall not
be subject to the Grievance Procedure.
(2) Day shall mean any that the City Office is open for business,
excluding Saturdays, Sundays and the holidays recognized by the
City.
(3) Grievant may be an individual employee or a group of employees or
the Union on the behalf of a group of employees or the Union on its
own behalf on matters involving the City and Union relationship.
(4) Time limits begin with the day following the event causing the
grievance or the day following receipt of a grievance decision.
6.4.2. Procedure.
Step 1.
Within seven (7) days of when the grievant knew or should have known of
the act or omission causing the grievance the grievant shall present either
in writing or verbally a clear and concise statement of the grievance to the
immediate supervisor.
Within five (5) days thereafter the immediate supervisor shall investigate
and respond to the allegations of the grievant.
SteD 2.
If the grievant is not satisfied with the resolution at Step 1 the grievant must
reduce the grievance to writing and present it to the Department Head
within five (5) days.
The written grievance shall contain a statement of facts about the nature of
the grievance, and shall identify the specific provisions of this
Memorandum of Understanding alleged to be violated, applicable times,
places and names of those involved, the remedy or relief requested, and
shall be signed by the grievant.
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The Department Head shall confer with the grievant and within ten (10)
days respond to the allegations in writing.
Step 3.
If the grievant is not satisfied with the resolution at Step 2, the grievant
shall within five (5) days appeal the matter to the City Manager.
The City Manager shall investigate the matter, conduct a hearing if the City
Manager deems it appropriate and within ten (10) days, thereafter, respond
to the allegations in writing.
Step 4.
If the grievance remains unresolved after Step 3, the Union may, by written
notice to the City Personnel Department within ten (10) days after the
receipt of the response in Step 3, notify the City that the Union wishes to
appeal the grievance to final and binding arbitration. The parties shall
attempt to agree upon an arbitrator. If no agreement is reached, they shall
request a list from the State Conciliation Service of nine (9) names.
Each party shall then alternately strike a name until only one (1) name
remains, said person to be the arbitrator. The order of striking shall be
determined by the flip of a coin.
6.4.3. Arbitration.
The arbitrator shall be empowered to conduct a hearing and to hear and receive
evidence presented by the parties. The hearing shall be informal and need not be
conducted according to technical rules of evidence. Repetitious evidence may be
excluded and oral evidence shall be taken only under oath. The arbitrator shall
determine what evidence is relevant and pertinent, as well as any procedural
matters, and he/she may call, recall and examine witnesses as he/she deems
proper.
The burden of proof shall be upon the Union in grievance matters and upon the
City in disciplinary/discharge matters.
After the conclusion of any hearing and the submission of any post hearing
evidence or briefs agreed upon by the parties, the arbitrator shall render a written
decision which shall be final and binding upon the City, the Union and any
employee(s) involved in the grievance or disciplinary matter.
The arbitrator shall not be empowered to add to, subtract from, or in any way
modify or alter any provision of this Memorandum of Understanding. The
arbitrator shall only determine whether a grievance exists in the manner alleged
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by the grievant, and what the proper remedy, if any, shall be, or in the case of
disciplinary/discharge matter whether the City allegations are accurate and the
appropriateness of the disciplinary penalty.
The fees and expenses of the arbitrator shall be shared equally by the Union and
the City. All other expenses shall be borne by the party incurring them. The cost
of the services of court reporter shall be borne by the requesting party unless
there is a mutual agreement to share the cost or unless the arbitrator so requests.
Then the costs will be shared equally.
6.4.4. General Provisions.
(1) Employees who participate in the Grievance Procedure, by filing a
grievance or acting as a witness on the behalf of either party shall be free
from discrimination by either the Union or the City.
(2) A grievant has the right to be represented at each stage of the procedure,
to cross examine witnesses, and have access to all information regarding
the basis of the grievance upon which the City relies in making its
determinations.
(3) If the City management fails to respond within the specified time limits, the
grievance shall, at the request of the Union, automatically be moved to the
next step of the procedure. If the Union or a grievant fails to process or
appeal a grievance within the specified time limits, the matter shall be
deemed settled. The parties may by mutual agreement waive the steps in
the procedure.
(4) If a hearing is held during work hours of employee witnesses, such
employees shall be released from duties without loss of pay or benefits to
appear at the hearing. Witnesses requested by the parties shall be
compelled to attend said hearings.
(5) The Personnel Department shall act as the central repository for all
grievances.
(6) Time limits contained herein may be extended by mutual agreement of the
parties. Absence for bona fide reasons by a grievant, the Union Executive
Director or any management official involved in responding to the
grievance shall automatically extend the time limits by the same number of
days of absence.
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ARTICLE 6.5. POSITION RECLASSIFICATION PROCEDURE
The process by which an individual position may be audited to review the
appropriateness of its classification is provided in this Article.
6.5.1. Purpose.
This administrative procedure shall establish consistent guidelines for the creation
and/or review of a position's job classification.
6.5.2. Policy.
The City of San Rafael seeks to maintain a classification system and process
whereby all positions are accurately classified on the basis of current and ongoing
job responsibilities officially assigned to said position(s).
6.5.3. Creation of New Position.
The Appointing Authority or their designee may during the budget process request
the creation of a new job classification by:
1. Completion of prescribed personnel form(s) and a position
description questionnaire form.
2. Completed forms shall be submitted to the City of San Rafael's
Personnel Department.
3. Personnel Department staff shall within 60 calendar days of receipt
of the forms complete a formal audit of the proposed job class and
prepare a written report.
4. The written report shall be submitted to the City Manager and the
City Council for final approval.
5. Creation of a new job classification shall be effective with the start of
the new fiscal year.
6.5.4. Reclassification.
The Appointing Authority or their designee or an incumbent of a position may
request, in writing, a classification review. This classification review may be
requested if the position has not been reviewed within the previous twelve (12)
months and either permanent and substantial changes have been made in the
duties and responsibilities assigned to the position or there is evidence that the
majority (50% or more) of the work being performed is not appropriate for the
position's current classification.
All requests for reclassification must be submitted to the Personnel
Department on prescribed personnel form(s) by the appointing
authority. Reclassification requests must be accompanied by a
current job description approved by the position's immediate
supervisor and appointing authority.
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MAPE Miscellaneous Unit
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2. Employee initiated reclassification requests must first be directed to
the employee's Appointing Authority. The appointing authority shall
forward the employee's request to the Personnel Director within ten
(10) days of receipt.
3. The Personnel Director shall ensure the review (audit) of the
employee's position is completed within sixty (60) calendar days of
receipt of the request in the Personnel Department.
4. Based upon the analysis and evaluation of a position, the Personnel
Department reviewer may recommend that the position be sustained
in its current class or be reclassified (up or down) to the proper
classification based upon the assigned work. The City Manager or
their designee shall review all reclassification recommendations
made by the Personnel Department.
5. Within ten (10) days of receipt of the written audit decision the
affected employee(s) may, in writing, submit a request for review of
this decision to the City Manager. This request for review must
show substantial error and/or omission on the part of the auditor.
The City Manager may render a decision on the appeal on the basis
of the written material or may interview the involved parties to
discuss the specific error or omission prior to rendering a decision.
6. The City Manager shall have final decision making authority on all
reclassifications.
7. Reclassifications shall be effective the first of the month following
final approval of the action. Any changes of pay as a result of the
reallocation shall be in accordance with the City's Personnel Rules
and Regulations in effect at the time.
ARTICLE 6.6. FURLOUGH PROGRAM
Both the City of San Rafael and M.A.P.E. 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 M.A.P.E. 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).
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MAPE Miscellaneous Unit
July 1, 1996 -June 30, 1989
6.6.1. Voluntary Time Off (VTO).
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 5.6.2. (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.
6.6.2. 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) and after consultation with the union. 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 its policy on this, the City will, effective
the first on 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
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MAPE Miscellaneous Unit
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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 a 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, following fiscal year, 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. Should the City of San Rafael experience a financial windfall
during the fiscal year that furloughs are implemented, the City
and M.A.P.E. agree to re -open negotiations on this Furlough
Plan.
CHAPTER 7. MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, all rights of
management which have not been expressly abridged by specific provision of this
Memorandum of Understanding or by law to manage the City, as such rights
existed prior to the execution of this Memorandum of Understanding. The sole
and exclusive rights of management, as they are not abridged by this Agreement
or by law, shall include, but not be limited to, the following rights: To manage the
City generally and to determine the issues of policy; To determine the existence of
facts which are the basis of the management decision; To determine the necessity
of any organization or any service or activity conducted by the City and expand or
diminish services; To determine the nature, manner, means, technology and
extent of services to be provided to the public; Methods of financing; Types of
equipment or technology to be used; 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; To determine and change the number of
locations, re -locations and types of operations, processes and materials to be
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MAPE Miscellaneous Unit
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used in carrying out all City functions including, but not limited to, the right (after
effect bargaining) to contract for or subcontract any work or operation of the City;
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; To relieve employees from duties for lack of work or other legitimate
reasons; 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 and this M.O.U; To determine job classifications
and to reclassify employees; To hire, transfer, promote and demote employees in
accordance with this Memorandum of Understanding and the City's Rules and
Regulations; To determine policies, procedures and standards for selection,
training and promotion of employees; To establish and modify employee and
organizational performance and productivity standards and programs including
but not limited to, quality and quantity standards; and to require compliance
therewith; To maintain order and efficiency in its facilities and operations; 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; To take
any and all necessary action to carry out the mission of the City in emergencies.
The City and MAPE agree and understand that if, in the exercise of any of the
rights set forth above, the effect of said exercise of rights by the City impacts an
area within the scope of representation as set forth in the Meyers/Milias/Brown
Act, case law interpreting said acts, and/or Federal law, the City shall have the
duty to meet and confer with MAPE regarding the impact of its decision/exercise
of rights.
CHAPTER 8. REDUCTION IN FORCE
ARTICLE 8.1. AUTHORITY
The Appointing Authority may lay off, without prejudice, any regular employee
because of lack of work or funds, or organizational alterations, or for reasons of
economy or organizational efficiency.
ARTICLE 8.2. NOTICE
Regular employees designated for layoff or demotion shall be notified in writing at
least thirty (30) calendar days prior to the anticipated date of termination or
demotion. The employee organization shall also be no notified.
ARTICLE 8.3. ORDER OF LAYOFF
Layoffs and/or reductions in force shall be made by classification. A classification
is defined as a position or number of positions having the same title, job
description and salary. Extra hire employees shall be laid off before permanent
employees in the affected classification. In effecting the preceding order, a part -
Page 38
MAPE Miscellaneous Unit
July 1, 1996 - June 30, 1989
time permanent employee with more seniority can displace a full time permanent
employee.
ARTICLE 8.4. SENIORITY
If two or more employees within a classification have achieved permanent status,
such employees will be laid off or reduced on the following basis:
a. Seniority within the affected classification will be determinative.
Such seniority shall include time served in higher classifications (s).
The computation of seniority for part-time employees will be credited
on a pro rata basis to full time service. Time spent on a City
Manager approved leave of absence without pay does not count
toward seniority.
b. If the seniority of two or more employees in the affected
classification or higher classifications(s) is equal, departmental
seniority shall be determinative.
C. If all of the above factors are equal, the date regular status in City
service is achieved shall be determinative.
d. If all of the above are equal, date of certification for appointment
shall be determinative.
ARTICLE 8.5. BUMPING RIGHTS
An employee designated to be laid off may bump into a class at the same salary
level, or into the next lower classification in which such employee has previously
held regular status. An employee who is bumped, shall be laid off in the same
manner as an employee whose position is abolished.
ARTICLE 8.6. TRANSFER RIGHTS
The Personnel Director will make every effort to transfer an employee who is to be
affected by a reduction in force to another vacant position for which such
employee may qualify. The length of eligibility for such transfer will be the period
of notification as provided in 10.2, but no longer than the effective date of such
layoff or reduction.
ARTICLE 8.7. RE-EMPLOYMENT
8.7.1. General Guidelines.
Individuals who have been laid off or demoted shall be offered re -appointment to
the same classification in which they held status in the order of seniority in the
classification. Individuals demoted in lieu of reduction in force shall be offered
Page 39
MAPE Miscellaneous Unit
July 1, 1996 -June 30, 1989
restoration to the highest class in which they held status and in which there is a
vacancy prior to the appointment of individuals who have been laid off.
8.7.2. Right to Re-employment.
Each person who has been laid off or demoted in lieu of a layoff from a position
the person held, shall, in writing, be offered re -appointment in the same
classification should a vacancy occur in the classification within two years after
the layoff or demotion. Prior to being re-employed, the employee must pass a
physical exam administered by a City appointed physician and must pass the
background check administered by the City.
8.7.3. Time Limits.
Should the person not accept the re -appointment within seven (7) calendar days
after the date of the offer, or should the person decline or be unable to begin work
within two weeks after the date of acceptance of the offer, the person shall be
considered unavailable for employment, shall forfeit the right to re-employment
and be removed from the re-employment list.
8.7.4. Availability.
Whenever a person is unavailable for re-employment, the next senior person who
is eligible on the re-employment list shall be offered re-employment.
8.7.5. Probationary Status.
Employees re -appointed under the provisions above will not be required to
complete a new probationary period if they had previously held permanent status
in the classification. Employees who had not completed their probationary period
shall serve the remainder of the probationary period upon re -appointment.
8.7.6. Restoration of Benefits.
Employees restored to previously held positions shall be deemed to have
returned from a leave of absence for the purpose of all rights and benefits legally
permissible. Time not on the payroll will not count as time worked for the
purposes of seniority accrual.
Page 40
53%��/��
Dated
MARIN ASSOCIATION OF PUBLIC
EMPLOYEES
S.E.I.U. ocal949
Bill Castellanos
Field Representative
Employee Representatives
CITY OF SAN RAFAEL
Dick Whitmore, Chief Negotiator
ity of San Rafael
Daryl Chandler
Personnel Director
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CITY OF,
Mayor
Albert J. Boro
Coundl Membara
Paul M. Cohen
Barbers Heller
Cyr N. Miller
Gary 0. Phillipa
EXHIBIT "1319
CITY OF SAN RAFAEL
MAPE/SEIU EMPLOYEES
OUT OF CLASS WORK AUTHORIZATION
Effective (date) through (date) I am
authorizing your assignment to work out of class in the position of
(job classification title). During this assignment you
will be expected to fully perform the duties of this higher job classification. Your
compensation for this temporary out of class assignment will be handled in
accordance with the MAPE/SEIU Memorandum of Understanding applicable at
the time of the assignment.
Employee Acknowledgment
Supervisory Authorization:
Date:
cc Department Head
Personnel Department
1400 FIFTH AVE., P.O. HOX 151560, SAN RAFAEL, CA 94915.1560
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