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HomeMy WebLinkAboutCC Resolution 9682 (Police Dept MOU)RESOLUTION NO. 9682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO 9237 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL. (3 year agreement from July 1, 1996 through June 30, 1999). WHEREAS, the City of San Rafael and the San Rafael Police Association, have met and conferred with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and WHEREAS, a Memorandum of Understanding dated August 19, 1996, and consisting of 37 pages and Exhibits has been executed by duly authorized representatives for both parties; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and the San Rafael Police Association, shall utilize the Memorandum of Understanding dated August 19, 1996, as the official document of reference respecting compensation and working conditions for Police Department personnel represented by the Police Association; Section 2: The schedules describing classes of positions and salary ranges attached as Exhibit A, B, and C to said Memorandum of Understanding, together with the Memorandum of Understanding itself are hereby adopted and both shall be attached hereto and incorporated in full. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Mondav, the 19th day of Auaust, 1996 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JM.. L h, JEA ISE M. LEONC)NI, CITY CLERK N �: ' av�� REVISED SRCC AGENDA ITEM #18 (8/19/96) MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL POLICE ASSOCIATION July 1, 1996 - June 30, 1999 COPY CHAPTER 1. GENERAL PROVISIONS 1 I.I. INTRODUCTION 1 1.1.1. Scope of Agreement 1 1.1.2. Term 1 1.2. RECOGNITION 1 1.2.1. Bargaining Unit 1 1.2.2. New Classifications 2 1.2.3. Available Copies 2 1.3. DISCRIMINATION 2 1.3.1. In General 2 1.3.2. Association Discrimination .2 1.4. ASSOCIATION RIGHTS .2 1.4.1. Employee Representatives .2 1.4.2. Union Release Time 1.4.3. Commencement of Negotiations 3 1.4.4. Dues Deduction 3 1.5. CITY RIGHTS .3 1.5.1. Defined City Rights 3 CHAPTER 2. COMPENSATION 5 2.1. SALARY .5 2.1.1. Goal 5 2.1.2. Fiscal Year 96/97 Increase .5 2.1.3. Fiscal Year 97/98 Increase .5 2.1.4. Fiscal Year 98/99 Increase .6 2.2. COMPENSATION PLAN 6 2.2.1. Pay Period 7 2.3. SALARY STEP INCREASES 7 2.4. MERIT PAY AWARD .7 2.5. EDUCATIONAL INCENTIVE 7 2.6. ADDITIONAL PAY .7 2.6.1. Court Pay 7 2.6.2. Call -Back Pay 9 2.6.3. Stand By 9 2.6.4. Female Custodial Duties .9 2.6.5. Shift Differential .9 2.6.6. Bilingual Pay .10 2.6.7. Special Response Team .11 2.6.8. Field Training Officer (FTO) .11 2.6.9. Motor Officer Pay .11 CHAPTER 3. PROBATIONARY PERIOD 12 3.1. PURPOSE OF PROBATION 12 3.2. LENGTH OF PROBATIONARY PERIOD 12 3.3. REJECTION DURING PROBATION .12 3.4. EXTENSION OF PROBATIONARY PERIOD .12 3.5. NOTIFICATION OF EXTENSION OR REJECTION 12 3.6. REGULAR STATUS 12 3.7. PROMOTION OF PROBATIONARY EMPLOYEE 12 3.8. UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION 13 CHAPTER 4. HEALTH AND WELFARE 13 4.1. INSURANCES 13 4.1.1. Effective July 1, 1996 .13 4.1.2. Effective July 1, 1997 .13 4.1.3. Effective July 1. 1998 13 4.2. PERS HEALTH INSURANCE BENEFITS 13 4.3. PAY BACK 13 4.4. RETIREMENT CONTRIBUTION .14 4.5. DENTAL INSURANCE .14 4.6. VACATION LEAVE .14 4.6.1. Eligibility: .14 4.6.2. Rate of Accrual: .14 4.6.3. Administration of Vacation Leave: .15 4.6.4. Vacation Sign-up .15 4.6.5. Vacation Cash in .15 4.7. SICK LEAVE ISSUES .15 4.7.1. Eligibility .15 4.7.2. Accumulation .16 4.7.3. Use of Sick Leave .16 4.7.4. Advance of Sick Leave .16 4.7.5. Sick Leave Balance .16 4.8. HOLIDAYS .17 4.9. OTHER LEAVES .17 4.9.1. Bereavement Leave .17 4.9.2. Military Leave .17 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. Medical Leave of Absence .19 4.9.7. Absent Without Authorized Leave 19 4.9.8. Catastrophic Leave 19 CHAPTER 5. HOURS OF WORK 20 5.1. WORK WEEK .20 5.1.1. Established Work Week. 20 5.1.2. Alternative Work Schedules. .20 5.1.3. Sergeant's Schedule: .21 5.1.4. Shift Rotation .22 5.1.5. Patrol Briefing Periods .22 5.1.6. Employee Break and Meal Periods 22 5.2. OVERTIME .23 5.2.1. Requests For Compensatory Time Off. 23 5.3. SHIFT CHANGES .24 CHAPTER 6. TERMS AND CONDITIONS OF EMPLOYMENT 24 6.1. DEMOTION AND SUSPENSION 24 6.2. TERMINATION OF EMPLOYMENT 25 6.2.1. Resignation .25 6.2.2. Termination - Lay Off .25 6.2.3. Termination - Disciplinary Action 25 6.2.4. Retirement .25 6.2.5. Rejection During Probation 25 CHAPTER 7. DISCIPLINARY ACTION 26 7.1. AUTHORITY 26 7.2. DEFINITION .26 7.3. CAUSES FOR DISCIPLINARY ACTION 26 7.4. APPEALS .27 7.5. CITY MANAGER AND ARBITRATION 27 CHAPTER 8. GRIEVANCE PROCEDURE 27 8.1. DEFINITION .27 8.2. INITIAL DISCUSSIONS. 27 8.3. REFERRAL TO CITY MANAGER 28 8.4. ADJUSTMENT BOARD 28 8.5. CITY MANAGER AND ARBITRATION 29 8.6. NO ABRIDGMENT OF OTHER RIGHTS OF APPEAL 29 8.7. PAY CLAIMS .29 8.8. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE OF THE MEMORANDUM OF UNDERSTANDING 30 CHAPTER 9. MISCELLANEOUS 30 9.1. EMPLOYER - EMPLOYEE RESOLUTION 30 9.2. UNIFORM ALLOWANCE 30 9.3. OUTSIDE EMPLOYMENT 30 9.4. GRATUITIES/SOLICITATION OF CONTRIBUTIONS 30 9.5. RETURN OF CITY EQUIPMENT 30 9.6. POLITICAL ACTIVITY 31 9.7. EMPLOYMENT RELATIONSHIPS 31 9.8. PERSONNEL RULES 31 9.9. DRUG AND ALCOHOL POLICY 31 9.10. MEDICAL STANDARDS 32 9.11. TEMPORARY LIGHT DUTY POLICY STATEMENT 32 9.12. REINSTATEMENT 34 CHAPTER 10. REDUCTION IN FORCE 35 10.1. NOTICE 35 10.2. ORDER OF LAYOFF 35 10.3. RE-EMPLOYMENT ELIGIBLE LIST 35 CHAPTER 11. MOU LANGUAGE 35 11.1. EXISTING LAWS, REGULATIONS AND POLICIES 35 11.2 STRIKES AND LOCKOUTS 35 11.3. FULL UNDERSTANDING, MODIFICATION, WAIVER 36 11.4. PREVAILING RIGHTS 36 11.5. SEVERABILITY 36 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et. seq. of the Government Code of the State of California. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representative unit, 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 Julv 1. 1996 and ending June 30. 1999. CHAPTER 1. GENERAL PROVISIONS 1.1. INTRODUCTION 1.1.1. Scope of Agreement The salaries, hours, fringe benefits, and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein -after called "CITY") and the San Rafael Police Association (herein- after called "ASSOCIATION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein. In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the Personnel Ordinance, Rules and Regulations, Administrative Procedures, and regulations and directives of the Police Department. 1.1.2. Term This agreement shall be in effect from Julv 1. 1996 through June 30. 1999. 1.2. RECOGNITION 1.2.1. Bargaining Unit The City hereby recognizes the Association as the bargaining representative for the purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the San Rafael Police Association Bargaining Unit (As referenced in Exhibit "A" attached). Page 1 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 1.2.2. New Classifications New classifications developed by the City, and determined to be appropriately included in the Bargaining Unit, shall be assigned a wage scale by the City. The City will forward to the Association the new classification and wage scale. The wage scale for the new classification shall then be subject to the meet and confer process. 1.2.3. Available Copies Both the City and the Association agree to keep duplicate originals of this agreement on file in a readily accessible location available for inspection by any City employee, or member of the public, upon request. 1.3. DISCRIMINATION 1.3.1. In General The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual preference, marital status, medical condition or disability. 1.3.2. Association Discrimination No member, official, or representative of the Association shall in any way suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Association. 1.4. ASSOCIATION RIGHTS 1.4.1. Employee Representatives The Association shall, by written notice to the City Manager, designate certain of its members as Employee Representatives. Association representatives who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services. Such employee representatives shall submit through the Police Department chain of command a written request for excused absence to the Chief of Police at least forty-eight (48) hours prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed three (3). 1.4.2. Union Release Time One hundred (100) hours per calendar year shall be provided for union release time, apart from MMB activity, with ten days advance notice and approval of the Chief of Page 2 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 Police. Any additional hours shall be granted only with ten days advance notice and approval of the Chief of Police. 1.4.3. Commencement of Negotiations It is mutually agreed to begin the Meet and Confer process no later than the first Monday in February, regarding the terms and conditions applicable to successor M.O.U.s. The process will be initiated by the San Rafael Police Association through the submittal of upcoming contract requests it wishes to be considered. 1.4.4. Dues Deduction City agrees, upon written consent of the employee involved, to deduct dues, as established by the Association, from the salaries of its members. The sums so withheld shall be remitted by City along with a list of employees who have had said dues deducted. The provisions specified in this section shall not apply during periods of separation from the representative Unit by any such employee, but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representative Unit. The term separation includes transfer out of the Unit, layoff, and leave without pay absences with a duration of more that 30 calendar days. 1.5. CITY RIGHTS 1.5.1. Defined City Rights The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or non-existence of facts which are the basis of the management decision. 3. To determine the necessity of organization or any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means technology, and extent of services to be provided to the public. 5. Methods of financing. 6. Types of equipment or technology to be used. Page 3 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted. 8. To determine and change the number of locations, re -locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 10. To relieve employees from duties for lack of work or similar non - disciplinary reasons. 11. To establish and modify productivity and performance programs and standards. 12. To- discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations. 13. To determine job classifications and to reclassify employees. 14. To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this Memorandum of Understanding and the City's Personnel Rules and Regulations. 15. To determine policies, procedures and standards for selection, training, and promotion of employees. 16. To establish employee performance standards including, but not limited to quality and quantity standards; and to require compliance therewith. 17. To maintain order and efficiency in it facilities and operations. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. The City and the Association agree and understand that if, in the exercise of rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Myers/Milias/Brown Act and case law interpreting said Act; or Federal law, the City shall have the duty to meet and confer with the Association regarding the impact of its decision/exercise of rights. Page 4 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 CHAPTER 2. COMPENSATION 2.1. SALARY 2.1.1. Goal It is the goal of the City Council to provide, within three (3) years of the date of this agreement, for all employees in the bargaining unit represented by the San Rafael Police Association, total compensation in an amount equal to the following: 1. One dollar ($1.00) above the average of the total compensation paid to the same or similar classifications in the following ten (10) cities: Alameda, Fairfield, Hayward, Napa, Novato, San Leandro, Santa Rosa, Sausalito, South San Francisco, and Vallejo. AND 2. The highest total compensation paid to the same or similar classifications within each of the following Marin County police agencies: Belvedere, Fairfax, Marin County Sheriff's Office, Mill Valley, Novato, Ross, San Anselmo, Sausalito, Tiburon, and Twin Cities. To measure progress towards the above stated goal, the City and the Association will jointly survey the identified benchmark positions (Benchmark positions are to be identified in a side letter to this agreement). 2.1.2. Fiscal Year 96/97 Increase Effective July 1, 1996, bargaining unit employees shall receive an increase of 6.76% in base salary (from the 6% total compensation dollars available). See Exhibit "A". 2.1.3. Fiscal Year 97/98 Increase Effective July 1, 1997, bargaining unit employees shall receive an increase of 4.19% in base salary (from the 4% total compensation dollars available). See Exhibit "B". In addition, if total revenues of the City exceed $28,995,000 as of June 30, 1997, then the members of the bargaining unit shall be entitled to apply 29% of two-thirds (2/3) of the excess of revenues over $28,995,000 for a salary increase for job classifications that remain below the stated goal effective July 1, 1997. Further, the Association and the City will meet and confer on the application of additional amounts for such salary increases based on departmental savings or revenue enhancements mutually agreed to by the City and the Association. Page 5 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 2.1.4. Fiscal Year 98/99 Increase Effective July 1, 1998, bargaining unit employees shall receive an increase of 4.19% in base salary (from the 4% total compensation dollars available), unless such an increase would cause employees to exceed the stated goal, in which case employees would receive only such increase as would be needed to reach the goal. See Exhibit "C". If, after the above described increase in total compensation, the total compensation of bargaining unit employees has not reached the stated goal, then such employees shall be entitled to the following possible salary increases: a.) If total revenues for the City exceed $30,154,000 as of June 30, 1998, then the members of the bargaining unit shall be entitled to apply 29% of two-thirds (2/3) of the excess of revenues over $30,154,000 for a salary increase for job classifications that remain below the stated goal effective July 1, 1998. b.) The Association and the City will meet and confer on application of additional amounts for salary increases based on departmental savings or revenue enhancements mutually agreed to by the City and the Association. c.) In no event will salary or compensation increases provided for represented employees exceed the stated goal. 2.2. COMPENSATION PLAN The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, steps and any other special circumstances or items related to the total compensation paid employees. Each position within the classified services shall be allocated to its appropriate class in the classification plan on the basis of duties and responsibilities. Each class shall be assigned a salary range or a rate established in the salary plan. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect. All initial employment shall be at the first step of the salary range. The City Manager or his/her designee may authorize, upon the recommendation of the Chief of Police, a position at an appropriate higher salary when, in his/her opinion, it is necessary to obtain (ing) qualified personnel or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies beginning salary in excess of the first step. Page 6 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 2.2.1. Pay Period City employees are paid twice per month on the 15th and the last working day of the month. When a holiday falls on a pay day, the pay day will be transferred to the previous day of regular business unless the Finance Department is unable to complete the payroll by that work day, in which case the pay day will be the day following the holiday. The method of the distributing payroll shall be established by the Director of Finance. 2.3. SALARY STEP INCREASES An employee may be considered for a step increase in accordance with the time intervals established in the salary plan. Advancement to a higher salary within a salary range may be granted for continued improvements and efficient and effective service by the employee in the performance of his/her duties. Salary advancement shall be made only upon the recommendation of the Chief of Police, with the approval of the City Manager or their designee, and are not automatic, but based on acceptable work performance. Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Chief of Police and approval of the City Manager. 2.4. MERIT PAY AWARD Employees at the maximum step of their salary range may be granted a merit pay award of up to five percent (5%) above and beyond their salary range. A merit pay award may be effective for up to one (1) year. A merit pay award when expired is not a disciplinary action and is not appealable. Merit pay awards may be granted in recognition of meritorious performance beyond the scope of regular duties and in response to extraordinary conditions. 2.5. EDUCATIONAL INCENTIVE The Educational Incentive Program for sworn employees of the Police Department offers monthly payment for POST Intermediate and Advanced Certification as follows: Classification Police Sergeant Police Corporal Police Officer 2.6. ADDITIONAL PAY 2.6.1. Court Pay Intermediate Certificate $140.00 $130.00 $120.00 Advanced Certificate $190.00 $177.50 $165.00 Police employees who are required, in the course and scope of their official employment, to appear in court or other official hearings other than during their Page 7 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 regular tour of duty or shift of hours, shall receive a minimum of three (3) hours pay at the overtime rate, subject to the restrictions listed below. If such appearance commences one (1) hour or less before the beginning of the employee's regular tour of duty or shift of hours, then the employee shall be compensated at the overtime rate for his/her actual time spent at the place of the hearing, travel time to the department, and reporting for duty(ies) as assigned by the on -duty Watch Commander, up until the beginning of the employee's regular tour of duty or shift of hours. If such appearance commences less than one-half (1/2) hour after the completion of the employee's regular tour of duty or shift of hours, then the employee shall be compensated at the overtime rate for actual time spent, beginning at the conclusion of the regular tour of duty or shift of hours, and ending upon his/her release from the court or hearing officer. If such appearance commences during the employee's regular tour of duty or shift of hours and continues beyond the normal completion time of the employee's regular tour of duty or shift of hours, then the employee will be compensated at the overtime rate for the actual time spent beyond the normal completion time of said tour/shift. If such appearance is required to be'made by a member of the Department on a regularly scheduled day off, then he/she shall receive a minimum of four (4) hours pay at the overtime rate. If an employee receives more than one subpoena for the same scheduled date, with the first appearance compensated at a minimum of three hours (work day) or four hours (day off) at the overtime rate, and the later appearance time(s) commence(s) within that minimum time frame, then the employee shall receive overtime compensation for the first minimum plus actual time spent at the subsequent hearings. Should the minimum time frames for the scheduled appearance times not overlap, then the appearances shall be compensated with separated minimum payments at the overtime rates. If an employee receives more than one subpoena for the same scheduled time, he/she will receive the minimum time frame rate only once. The Police Department will provide appearance information for police employees. The department will be responsible for having such information available, when known, by 6:00 p.m. If the matter is not canceled by 6:00 p.m., on the court day preceding the appearance date, an employee shall receive minimum of three (3) hours pay at the overtime rate, subject to the restrictions listed above. If an Page 8 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 employee is subpoenaed to make such appearance on a day off, he/she shall receive a minimum of four (4) hours pay at the overtime rate, subject to the restrictions listed above. Nothing in the provision shall be construed to mean that the Association agrees in any way to any method of "flex scheduling." 2.6.2. Call -Back Pay Call-back pay shall be provided at one and one-half times the regular rate with a two-hour minimum whenever required by the Department and with the expectation that the full two (2) hours will be worked. 2.6.3. Stand By The Chief of Police or his/her designee shall have the authority to place members on standby status. Standby shall be used for special events when actual staffing needs cannot be adequately determined beforehand. The order for standby shall be in written form. Any standby order may be canceled with 24 hours notice. Any order not canceled within 24 hours of the beginning time will remain in effect as defined below: Employees on standby status shall remain fit for duty and within a maximum forty-five (45) minute response time of the San Rafael Police Department during the time they are on standby. Employees shall be compensated at one-half (1/2) their hourly pay rate for each hour they are on standby. 2.6.4. Female Custodial Duties Non -sworn employees who are requested to perform custodial duties related to female and/or minor prisoners shall receive a minimum of one hour of pay, in addition to their regular hourly rate of pay, for actual time served in this capacity during a tour of duty or special duty. 2.6.5. Shift Differential A three percent (3%) shift differential shall be paid for all represented employees working the swing shift (3:00 p.m. to 11:00 p.m.). A five percent (5%) shift differential shall be paid for all represented employees working the graveyard shift (11:00 p.m. to 7:00 a.m.). To receive the shift differential pay, the employee must be regularly scheduled to work fifty percent (50%) or more of their shift between the hours of 5:00 p.m. and 7:00 a.m. Page 9 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 Employees assigned to work the swing or graveyard shift time periods on overtime or in accordance with Section 5.3, Shift Changes, are excluded from shift differential pay for those time periods. Shift differential shall not be considered an additional percentage on salary for personnel involved, but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts. The current operational policies and provisions for shift rotation and assignment remain in effect. 2.6.6. Bilingual Pay Exnert Fluencv Program. A ten percent (10%) pay incentive shall be paid to up to ten (10) designated bilingual employees (sworn or non -sworn). Full Fluencv Program. A five percent (5%) bilingual pay incentive shall be paid to up to ten (10) designated bilingual employees (sworn or non -sworn). Conversational Fluencv Program. A Conversational Bilingual Program is established which will entitle up to thirty-five (35) designated employees (sworn or non -sworn) to a conversational bilingual incentive of $50 per month. The City will pay, in advance, any authorized training or educational costs as needed, to maintain a complement of up to thirty-five conversational, employees up to amount equal to the cost of the One Twelve USA Program. Employees enrolled in such bilingual training are obligated to reimburse the City through payroll deductions over a period of three (3) years for one half the cost of any such education after the completion of such course. The employee is obligated to reimburse the City for the full amount of such educational costs if he/she drops out of the education program or does not successfully pass the certification test. In the event an employee must reimburse the full amount, reimbursement shall be through payroll deductions over the course of three (3) years or in full upon separation. Within the limits established in the first three paragraphs of this section, to qualify for the Expert or Full or Conversational Programs, employees must be certified as proficient in a language deemed to be of work related value to the Police Department as determined by the Chief of Police and approved by the City Manager by established standards. It is agreed that the City will meet and confer with the Association in order to establish standards for the Expert Fluency Program with the understanding that the standards will focus on external testing and/or certification satisfactory to the Chief of Police. Full or conversational Page 10 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 proficiency certification may be obtained by passing a standardized departmental test (to be developed by the department) or a Fluency Certification of Completion from One Twelve USA, or passing a departmental conversational test, or obtaining a conversational certification issued by an agency approved by the Chief of Police. Fluency in more than one foreign language does not entitle an employee to more than one of the bilingual pay categories. Both parties agree to annual re- certification of proficiency to continue eligibility for the bilingual differential. Shift assignments and distribution of bilingual employees shall be at the discretion of the Chief of Police. 2.6.7. Special Response Team The City will pay $100 per emergency call -out to S.W.A.T. members and hostage negotiators of the Special Response Team (S.R.T.). The City will pay for the equipment for S.R.T. members, provided members obtain prior approval of the Chief of Police. 2.6.8. Field Training Officer (FTO) A. The City has established a program for selection of Field Training Officers. Field Training Officers will be paid five percent (5%) above their salary while engaged in training of Police Officers and Police Service Aides. The 5% FTO differential does not apply to Police Corporals. Shift assignment will be at the discretion of the Chief of Police and based upon the needs of the Department. B. Non -sworn personnel in the job classifications of Police Records Clerk, Communications Dispatcher, and Parking Enforcement Officer may be formally assigned, in writing, to train employees in their new job classifications. For actual hours spent training this new employee, during the specified training period, the assigned trainer will be paid five percent (5%) above their base salary. 2.6.9. Motor Officer Pay Police Department personnel assigned to the following duty shall receive additional compensation amounting to five percent (5%) of their basic monthly salary: Operation of a solo -motorcycle for more than 50% of his/her work month. Page 11 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 CHAPTER 3. PROBATIONARY PERIOD 3.1. PURPOSE OF PROBATION After passing an examination and accepting appointment, each employee shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position. 3.2. LENGTH OF PROBATIONARY PERIOD The probationary period on original and promotional appointments shall be eighteen (18) months. 3.3. REJECTION DURING PROBATION During the probationary period, an employee may be rejected at any time by the Appointing Authority without the right of appeal; except as otherwise provided for by the Public Safety Officers Bill of Rights Act, Government Code 3300, et.seq. forsworn officers, and as provided for in applicable existing case law concerning appeal rights/remedies of probationary employees. 3.4. EXTENSION OF PROBATIONARY PERIOD The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 3.5. NOTIFICATION OF EXTENSION OR REJECTION Upon determining that a probationary employee's work is not satisfactory, the Chief of Police shall notify the Personnel Officer in writing of his/her intention to terminate the employee. After discussion with the Personnel Officer, the Chief of Police shall notify the employee in writing of the extension or rejection. 3.6. REGULAR STATUS Regular status shall commence with the day following the expiration date of the probationary period. 3.7. PROMOTION OF PROBATIONARY EMPLOYEE An employee serving a probationary period may be promoted to a higher position classification provided the employee is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date. Page 12 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 3.8. UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION An employee who does not successfully pass the promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion. Provided, however, that if the cause for not passing the promotional probationary period was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. CHAPTER 4. HEALTH AND WELFARE 4.1. INSURANCES Accident, Health, Life and Long Term Disability 4.1.1. Effective July 1, 1996 A maximum of $248 per month will be paid by the City toward the cost of each eligible active or retired employee's health insurance premium. Active employees shall have an additional $125 per month flexible benefits spending account which they may apply towards the cost of health accident and life insurance and long-term disability insurance (City or PORAC Plan) or to receive back through the pay back program. (See 4.3 of this section). It is understood that the flexible benefits spending account does not apply to retired employees. 4.1.2. Effective July 1, 1997 The base amount will increase from $248 to $258 per month. 4.1.3. Effective July 1. 1998 The base amount will increase from $258 to $268 per month. 4.2. PERS HEALTH INSURANCE BENEFITS Upon reasonable advance notice to the Association, the City shall have the option of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits for active or retired employees from those benefits available under the PERS program; and provided further such contracting shall not cause a material increase in premiums for either the City or the employees. There shall be no requirement for the City to meet and confer upon the City's exercising the option described above in accordance with the provisions of this paragraph. 4.3. PAY BACK The difference between the total allotted amount for active employees and the cost of health, accident, life and long term disability insurances will be paid back to the Page 13 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 employee up to a maximum of $108 per month. Effective July 1, 1997 the maximum pay back is $118 per month. Effective July 1, 1998 the maximum pay back is $128 per month. 4.4. RETIREMENT CONTRIBUTION The City will pay the full share of the employee's contribution, not to exceed seven percent (7%) of salary, to the Marin county Retirement System. If the full amount of the employee's contribution is less than seven percent (7%) of salary, then only the full share shall be paid. 4.5. DENTAL INSURANCE The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care, $25 deductible on corrective coverage (80/20) per eligible patient per calendar year, 80/20 cost sharing for cast, crowns and restorations, and orthodontic coverage (50/50) within the limits prescribed in the Group Plan document (2556-0002). The City shall continue the current or comparable program and shall pay any increased premium rate increases from date of the increase for the term of this M.O.U. 4.6. VACATION LEAVE 4.6.1. Eligibility: Annual vacation with pay shall be granted each eligible employee. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the department head. 4.6.2. Rate of Accrual: Vacation benefits shall accrue during the probationary period. Each regular full time employee shall commence to accrue vacation at the following rate for continuous service (accrual is prorated for P/T employees): The first three (3) years of continuous employment shall earn ten (10) working days of vacation per year. Such entitlement shall accrue at the rate of five -sixths (5/6) days per month. From the beginning of the fourth (4th) year of service through the end of the tenth (10th) year of service, fifteen (15) working days of vacation per year. Such entitlement shall accrue at the rate of one and one fourth (1-1/4) days per month. From the beginning of the eleventh (11th) year of service through the fifteenth (15th) year, twenty (20) working days of vacation per year. Such entitlement shall accrue at the rate of one and two-thirds (1-2/3) day per month. Page 14 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 From the beginning of the sixteenth (16th) year of service and beyond, twenty-five (25) working days of vacation per year. Such entitlement shall accrue at the rate of two and one -twelfth 2-1/12) days per month. 4.6.3. Administration of Vacation Leave: The City Manager, upon the recommendation of the department head, may advanced unaccrued vacation to any eligible employee. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time shall be determined by the employee's department head with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee. In the event that one or more City holidays falls within an annual vacation leave, such holidays shall not be charged as vacation leave, unless the employee is on a schedule to be paid for designated holidays in lieu of days off. Employees who terminate their employment shall be paid in a lump sum for all accrued and unused vacation leave earned prior to the effective date of termination. 4.6.4. Vacation Sign-up Vacation sign-ups shall occur every six months. The vacation sign-up procedure, established in General Order 80-55, is to remain as it is at the present time. After the second circulation of the vacation roster, there will be a voluntary sign-up period. If there is a vacancy, then an employee will be allowed to coordinate his/her vacation schedule to follow the employee's last day off. 4.6.5. Vacation Cash in An employee, who has taken at least ten (10) days vacation in the preceding twelve (12) months, may request in any fiscal year that accrued vacation, not to exceed seven (7) days, be converted to cash payments and the request may be granted at the discretion of the City Manager. Employees can not cash in more than seven (7) days of vacation in any one twelve (12) month period. 4.7. SICK LEAVE ISSUES 4.7.1. Eligibility Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be considered a privilege which an employee may use at the employee's discretion, but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or department head according to department Rules and Regulations at the beginning of his/her daily Page 15 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 duties. Every employee who is absent from his/her duties for two (2) consecutive work days shall file with the Personnel Director, should he/she so request, a physician's certificate or the employee's personal affidavit stating the cause of the illness of disability. The inability or refusal by said employee to furnish the requested information, as herein required, shall constitute good and sufficient cause for disciplinary action, including dismissal. 4.7.2. Accumulation All eligible full time employees shall earn sick leave credits at the rate of eight (8) hours per month commencing with the date of employment (accrual pro- rated for P/T employees). Unused sick leave may be accumulated to an amount not to exceed twelve hundred (1200) hours. The cap on sick leave accrual, 1200 hours, is eliminated for accrual purposes only. The cap remains in effect for sick leave separation payoff purposes. 4.7.3. Use of Sick Leave An employee may use accrued sick leave during their probationary period. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: 1. Personal illnesses or illness within the immediate family, or physical incapacity resulting from causes beyond the employee's control; or, 2. Enforced quarantine of the employee in accordance with community health regulations. 3. Medical appointments that cannot be scheduled during non -working hours shall be charged to sick leave, unless the employee is a sworn police officer. 4.7.4. Advance of Sick Leave Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who has been granted sick leave that is unaccrued at the time of such separation shall reimburse the City of all salary paid in connection with such unaccrued leave. 4.7.5. Sick Leave Balance Upon separation from employment, by resignation, retirement or death, an employee who leaves the City in good standing shall receive compensation for all accrued, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%). Note: Refer to 4.7.2. for sick leave cap limitation for payoff purposes. Page 16 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 4.8. HOLIDAYS The following holidays will be observed: 1. New Year's Day 2. Martin Luther King Day 3. Washington's Birthday 4. Lincoln's Birthday 5. Memorial Day 6. Independence Day 7. Labor Day 8. Admission Day 9. Veteran's Day 10. Thanksgiving Day 11. Day after Thanksgiving 12. Christmas Day All represented employees in the Police Department shall receive straight time compensation for every holiday worked or which falls on a regularly scheduled day off in each given year which all other employees receive as time off. Said compensation shall be paid twice each year on the first pay period of December and the first pay period of June. 4.9. OTHER LEAVES 4.9.1. Bereavement Leave In the event of the death of an employee's spouse, child, parent, brother, sister, in- laws, relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to three (3) days of accrued sick leave within the State and up to five (5) days of accrued sick leave out-of-state may be granted for bereavement leave. In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Chief of Police as part of the request for bereavement leave. 4.9.2. Military Leave Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the Chief of Police an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Page 17 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 4.9.3. Leave of Absence Without Pay Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Applicable accrued leave must be exhausted prior to the granting of leave without pay. 4.9.4. Industrial Injury Leave For benefits under Workers Compensation, an employee should report any on the job injury to his/her supervisor as soon as possible, preferably within twenty-four (24) hours. The City Manager's office coordinates benefits for Worker's Compensation claims. For further information, see the Industrial Accidents and Injuries section of the City's Injury and Illness Prevention Program. All regular, full time employees of the City who have suffered any disability arising out of, and in the course of their employment as defined by the Worker's Compensation Insurance and Safety Act of the State of California, and who are receiving or shall receive compensation from the insurance carrier for such disability, and during the first seven (7) days after such disability when compensation is not paid by the insurance carrier, shall be entitled to remain absent from duty with pay until such time as they are able to return to duty or some other final disposition is made of their case, provided, however, compensation leave payments shall not exceed the following limitations: NON -SAFETY EMPLOYEES Compensation leave payments shall not exceed the employee's regular full pay for the first three (3) calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months. Worker's Compensation checks due the employee will be made payable to the City of San Rafael and the employee. After said check is properly endorsed, it shall be deposited with the City Treasurer. SAFETY EMPLOYEES Compensation leave payments shall not exceed the employee's regular full pay for the first twelve (12) calendar months. Worker's Compensation checks due the employee will be made payable to the City of San Rafael and the employee. After said check is properly endorsed, it shall be deposited with the City Treasurer. All other employees shall be entitled to such compensation as may be allowed them by the Worker's Compensation Insurance and Safety Act of the State of California. 4.9.5. Jury Duty Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee Page 18 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 provides advance notice to the Chief of Police and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty. 4.9.6. Medical Leave of Absence Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the Chief of Police for approval and reviewed by the 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 requested. Sick leave usage is to be consistent with the sick leave provisions of the M.O.U. To be eligible for this family leave benefit, an employee must have worked continuously for the City of San Rafael for at least 12 months. 4.9.7. Absent Without Authorized Leave An unauthorized absence of an employee for three consecutive work days shall constitute grounds for termination. 4.9.8. Catastrophic Leave Employees may donate accrued leave to other employees suffering from a catastrophic illness or injury either to themselves, a spouse, a parent or to a dependent minor child. Catastrophic leave is a paid leave of absence due to life threatening verifiable long-term illness or injury such as, but not limited to, cancer or heart attack which clearly disables the individual. Employees who have successfully completed 2,080 hours or one year in paid status shall be eligible for catastrophic leave due to their own serious illness or injury or serious illness or injury to spouse, parent, or dependent minor child. The employee must first exhaust all accrued sick leave, vacation leave, and compensatory time before qualifying for catastrophic leave. Catastrophic leave shall be additional paid leave available from vacation, sick leave, or administrative leave hours donated by other employees to a specific qualified employee. Employees donating vacation, sick leave, or administrative leave must donate in increments of whole hours. The donating employee must have a vacation leave balance of at least 40 hours after the donation of vacation leave. The donating employee may not donate more than one-half of their accrued sick leave, and must be left with a balance of at least eighty (80) hours of accrued sick leave after the donation. Employees may donate all of their administrative leave. An employee requesting catastrophic leave must receive the recommendation of the Chief of Police and the approval of the City Manager. Such leave may initially Page 19 r San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 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 Administrative Services Bureau shall account for the donation and disbursement of catastrophic leave hours. All time donated will be credited on an hour -to -hour basis regardless of hourly pay differentials between the donating employee and recipient. Catastrophic leave shall not be used in conjunction with any long or short term disability benefits or Worker's Compensation Leave. While an employee is on catastrophic leave, using donated hours, the employee shall not accrue any vacation or sick leave. CHAPTER 5. HOURS OF WORK 5.1. WORK WEEK 5.1.1. Established Work Week. For the Police Department the established work week shall be 0001 Sunday through 2400 hours Saturday. An employee's normal total number of work hours per year shall be 2080 hours. 5.1.2. Alternative Work Schedules. Both parties agree that at the discretion of the Chief of Police, alternative work schedules which include a total of 2080 annual working hours if mutually agreed to, may be implemented for designated periods of time for all represented employees for the lifetime of this M.O.U. Any new alternative work schedule established during the term of this M.O.U. shall initially be established on a six month trial basis. During the trial period if there is a significant increase in overtime costs attributable to the trial plan, or significant increases in sick leave usage or workers compensation claims the department may opt to stop the trial work schedule. Schedule Definition 4-10 Four (4) consecutive ten (10) hour days with three (3) consecutive days off. 5-8 Five (5) consecutive eight (8) hour days with two (2) consecutive days off. 6-3 Six (6) consecutive eight and one-half (8 1/2) hour days with three (3) consecutive days off. 5-9 Five (5) consecutive work days, four of which are nine (9) hour days and the last of which is an eight and one-half (8 1/2) hour day with two consecutive days off, followed by four (4) consecutive work days, three (3) of which are nine (9) hour days Page 20 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 and the last of which is an eight and one-half (8 1/2) hour day with three (3) consecutive days off. The following Alternative work schedules are currently being used: PATROL: A system consisting of a 5-9 plan for graveyard officers; a combination 5-8/4-10 plan for day shift and swing shift officers; and a 4-10 plan for motorcycle officers. Sergeants supervising patrol shifts shall work a 4-10 plan. The shifts listed are basic shifts that must be filled in order to meet the minimum staffing levels. If an officer filling one of those shifts is absent for a period of a week or longer, another officer may be required to change shifts to fill the vacancy in accordance with the existing provisions of the M.O.U. regarding changes of assignments. The rosters anticipate a minimum of twenty-seven officers being assigned to patrol in a duty status in the indicated shifts. In the event twenty-seven officers are not available, the department may opt to return to five eight hour shifts per week for all patrol officers. It is the department's intent to match staffing levels with calls for service. If calls for service change, the department may alter the hours of shifts to meet the change. Sign ups will be done in the same manner as in the past. Corporals may sign up for eight or ten hour shifts provided they do not take both Saturday/Sunday (unless the other corporal takes weekdays). DETECTIVES: A 4-10 or 5-8 plan for all detectives with the approval of the Bureau Commander. FRONT OFFICE: A system combining 5-8/4-10 for all front office Records Clerks. COMMUNICATIONS: A 4-10 plan for all dispatchers. 5.1.3. Sergeant's Schedule: 1. The Sgt.'s will have their requests for scheduled vacation time turned into the Bureau Commander by the 10th of the previous month. 2. Their schedule will be completed by the 15th of the previous month. 3. Any time worked over their normal work schedule is O/T. 4. Cpl.'s can be used as relief and/or Sgt.'s from other work units can be used as relief. Page 21 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 5.1.4. Shift Rotation For members of the Patrol Bureau and Information Services Bureau, the spring rotation shall begin on the Sunday nearest the 15th of March and the fall rotation shall begin on the Sunday nearest the 15th of September. Sergeants assigned to Patrol may select their shift by seniority, within rank. After one rotation on a shift, a Sergeant can stay on that shift as long as a Sergeant with more seniority does not want it. After a year on the same shift, a Sergeant can stay longer only if no other Sergeant wants it regardless of seniority. If a Sergeant works a complete rotation on Graveyard, he/she does not have to work it again until the other 5 Sergeants in Patrol have worked it. If a Sergeant works two complete and continuous rotations on Day or Swing, and he does not want to stay on that shift, and no one will voluntarily take the shift, then the next junior Sergeant would have to take the shift. The Sergeant coming off the shift would then choose a different shift, based on his/her seniority. This paragraph shall not apply to probationary Sergeants. Corporals assigned to Patrol may select their shift by seniority, within rank. After one rotation on a shift, a Corporal can stay on that shift as long as a Corporal with more seniority does not want it. After a year on the same shift, a Corporal can stay longer only if no other Corporal wants it regardless of seniority. If a Corporal works a complete rotation on Graveyard, he/she does not have to work Graveyard again until the other Patrol Corporals have worked it. If a Corporal works two complete and continuous rotations on Day or Swing, and he/she does not want to stay on that shift, and no one will voluntarily take the shift, then the next junior Corporal would have to take the shift. The Corporal coming off of the shift would then choose a different shift, based on his/her seniority. This paragraph shall not apply to probationary Corporals. Probationary officers working in Patrol shall be assigned to a shift pursuant to the current practice of the Field Training Program. Officers assigned to Patrol and not on probation may select their shift by seniority, within rank. An Officer may stay on a shift for a maximum of two rotations, at which time he/she shall rotate to a different shift of his/her choice, by seniority, with the following exception: All Officers that have been continuously employed by the Department as sworn peace officers for fifteen (15) years or more may use their seniority, within rank, to remain on any patrol shift for as many rotations as they wish. 5.1.5. Patrol Briefing Periods Patrol briefing periods will be conducted within Patrol employees designated shifts. 5.1.6. Employee Break and Meal Periods Employee break and meal periods are as follows: Page 22 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 1. Uniformed Patrol employees: One 15 minute break in first half of shift and one 45 minute meal period as scheduled and approved by the designated supervisor. 2. All other employees: One 15 minute break to be taken in the first half of the shift, one fifteen minute break to be taken in the second half of the shift, and one 30 minute meal period as scheduled and approved by the designated supervisor. Combination of meal and break period must have prior supervisory approval. 3. No changes will be made in break and meal periods that would alter an employee's regularly scheduled working time without the advance approval from the employee's supervisor. 4. Break and meal periods are paid time and, as such, departmental needs will take priority. In the event that work demands preclude an employee from taking his or her break, and/or meal period, the employee will not be eligible for overtime compensation. 5.2. OVERTIME All represented employees who are required to work in excess of their basic work day shall on forms provided by the Police Department designate whether they want the time accrued as compensatory time (C.T.) or paid as overtime at the rate of time and one-half. Compensatory time will be allowed to accrue to a maximum of sixty (60) hours. As long as an employee has a current compensatory time balance of sixty hours he/she must select the pay option for overtime worked. After initial selection (O/T pay - C.T.) if an employee wants to convert compensatory time to cash, or visa versa, the employee must submit a written request to the Chief of Police and approval shall be at the discretion of the Chief of Police. Before any Sergeant will be allowed to work an overtime shift replacing a beat officer, the overtime opportunity shall be posted for forty-eight (48) hours to allow officers to sign up. Only if officers fail to sign up, or the need to replace a beat officer arises with less than forty-eight (48) hours notice, will sergeants be given the opportunity to work overtime in place of an officer/corporal. This restriction shall not apply to special events or footbeat duty. Both parties agree that any changes in the overtime provisions of this M.O.U. are subject to the meet and confer process. 5.2.1. Requests For Compensatory Time Off. In the event that the granting of a request for compensatory time off creates one or more vacancies which bring the shift below the minimum staffing level or which Page 23 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 otherwise needs to be filled, then the current practice will be utilized as follows: The supervisor will post the vacant slot(s) to be voluntarily back-filled with overtime. If one or more vacancies still exist then the supervisor will 1) assign personnel from the previous shift to hold over at the overtime rate, and/or 2) assign personnel from the following shift to report early at the overtime rate, and/or, in civilian work units, 3) assign personnel to work on their day(s) off. 5.3. SHIFT CHANGES Changes in the days or hours of the regular work schedule of an employee shall entitle such employee to overtime compensation at the rate of time and one-half for any hours worked outside the employee's regular work schedule unless the City has given the employee a minimum of seven (7) days advance notice of such a change. No advance notice to employees by the City of shift change shall be required and no overtime shall be paid when shift changes occur as a result of work related emergencies, i.e., multiple sicknesses, disabilities or injuries; an unplanned for vacancy or shortage occurring less than seven days in advance of the shift change if the employee is given a minimum of twelve hours advance notice or at the specific request of an employee. If a shift change is due to work related illness or accident, it shall be considered an emergency and no overtime will be paid. If an employee is called in early to cover shortages due to non -work related sicknesses or injury, then time and one-half shall be paid for hours spent outside the regularly assigned shift. Vacancies of less than one work week will be filled by overtime rather than shift changes. This section shall not apply to personnel shortages arising from mutual aid requests, states of emergency declared by the Mayor, Board of Supervisors, Governor or the President or unplanned for critical incidents or situations of more than twenty-four hours duration. CHAPTER 6. TERMS AND CONDITIONS OF EMPLOYMENT 6.1. DEMOTION AND SUSPENSION The Chief of Police or designee may demote an employee when the following occurs: A. The employee fails to perform his/her required duties; B. The need for a position which an employee fills no longer exists; C. An employee requests such a demotion. Page 24 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. When the action is initiated by the Chief of Police, written notice of demotion shall be provided to an employee at least ten (10) working day before the effective date of the demotion, and a copy filed with the Personnel Office. Withholding a salary step increase, or withdrawing a merit step increase within or above the salary range of the employee's position shall not be deemed a demotion. Disciplinary demotion action shall be in accordance with Chapter 7, "Disciplinary Action." The Chief of Police or designee may suspend an employee from a position at any time for disciplinary purpose. Intended suspension action shall be reported immediately to the Personnel Officer, and shall be taken in accordance with Chapter 7, "Disciplinary Action." 6.2. TERMINATION OF EMPLOYMENT 6.2.1. Resignation An employee wishing to leave the City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Chief of Police and Personnel Office. 6.2.2. Termination - Lay Off The Appointing Authority may terminate an employee because of changes in duties or organization, or abolition of position, or shortage of work or funds, or completion of work for which employment was made. 6.2.3. Termination - Disciplinary Action An employee may be terminated at any time for disciplinary action, as provided in Chapter 7, "Disciplinary Action." 6.2.4. Retirement Retirement from the City services shall, except as otherwise provided, be subject to the terms and conditions of the City's contract as amended from time to time, with the Marin County Retirement System. 6.2.5. Rejection During Probation An employee may be terminated from their position during the probationary period of their initial appointment to the City's classified service without right of appeal. Page 25 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 CHAPTER 7. DISCIPLINARY ACTION 7.1. AUTHORITY The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging in strikes, individual or group slowdowns or work stoppages, or refusal to accept overtime, or for violating or ordering the violation of the Memorandum of Understanding. 7.2. DEFINITION Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, suspension resulting in loss of pay, transfer for purposes of punishment, and written reprimand. 7.3. CAUSES FOR DISCIPLINARY ACTION The City may discipline or discharge an employee for the following: A. Fraud in securing appointment. B. Negligence of duty. C. Violation of safety rules. D. Unacceptable attendance record, including tardiness, overstaying lunch or break periods. E. Possession, Distribution or under the influence of alcoholic beverages, non -prescribed or unauthorized narcotics or dangerous drugs during working hours. F. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. G. Unauthorized soliciting on City property or time. H. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. I. Unacceptable behavior toward the general public or fellow employees or officers of the City. J. Falsifying employment application materials, time reports, records, or payroll documents or other City records. K. Disobedience to proper authority. L. Misuses of City property. M. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations. N. Disorderly conduct, participation in fights, horseplay or brawls. O. Dishonesty or theft. P. Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in Page 26 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action. Q. Failure to perform to an acceptable level of work quality and quantity. R. Insubordination. S. Other acts inimicable to the public service. T. Inability or refusal to provide medical statement on cause of illness or disability. 7.4. APPEALS If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case through the appropriate procedure (Chapter 8). A transfer for purpose of punishment not resulting in economic loss and a written reprimand shall only be appealable up to the level of the City Manager (or, if designated by the City Manager, the Assistant City Manager or Personnel Director) and not eligible for arbitration. Discharge/dismissal, demotion, reduction in salary, suspension resulting in loss of pay, and transfer for purposes of punishment resulting in economic loss shall be appealable up to the level of arbitration. Such appeal must be filed with the City Manager or the Personnel Director by the employee in writing within five (5) working days from the date of the discipline/discharge and unless so filed the right of appeal is lost. 7.5. CITY MANAGER AND ARBITRATION The employee (Appellant) may submit the appeal directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the employee (Appellant) shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City. A hearing before the arbitrator shall be held as soon as practical. The arbitrator shall not have the power to amend or modify either party's position; but shall rule on the merits of each party's case as presented during the hearing. Decisions of the Arbitrator on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City. CHAPTER & GRIEVANCE PROCEDURE 8.1. DEFINITION A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding. 8.2. INITIAL DISCUSSIONS. Any employee who believes that he or she has a grievance may discuss his or her complaint with the top management official in the Police Department or with such Page 27 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 subordinate management official as the Chief of Police may designate. If the issue is not resolved within five (5) working days in the Department, or if the employee elects to submit his or her grievance directly to an official of the employee organization which is formally recognized as the representative of the classification to which he or she is assigned, the procedures hereafter specified may be invoked. 8.3. REFERRAL TO CITY MANAGER Any employee or any official of the employee organization which has been formally recognized by the City and which has jurisdiction over any position directly affected by the grievance may notify the City Manager and Police Chief in writing that a grievance exists, and in such notification, state the particulars of the grievance and, if possible, the nature of the determination which is desired. No grievance may be processed under subsection 8.4 below which has not first been heard and investigated in pursuance of subsection 8.2. A grievance which remains unresolved thirty (30) calendar days after it has been submitted in writing may be referred to the Adjustment Board. The parties, by mutual agreement, may waive the Adjustment Board. Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative. 8.4. ADJUSTMENT BOARD In the event the Association and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove defined) which arises and is presented during the term of the Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of three (3) employee representatives, and three (3) representatives of the City. The Association shall be an indispensable party to any grievance which is submitted to the Adjustment Board. Any party desiring an official transcript of the Adjustment Board hearing shall bear the cost of same. If an Adjustment Board is unable to arrive at a majority decision, either the grievant, the Association or the City may request that the grievance be referred to the City Manager, or arbitration. No Adjustment Board or Arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove set forth in paragraph (1) of this Section. Proposals to add to or change this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be grievable and not proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject under this Section; and no Adjustment Board or Arbitrator shall have the Page 28 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. No changes in the Memorandum of Understanding or interpretations thereof will be recognized unless agreed to by the City Manager and the Association. 8.5. CITY MANAGER AND ARBITRATION If the grievance is not resolved at the previous step, the grievant, the Association, or the City may, after completion of the previous step in the grievance procedure, submit the grievance directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the Association shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. A hearing before the arbitrator shall be held as soon as practical, and the arbitrator shall render a decision which is binding on the parties hereto, to the extent permitted by the Charter of the City. 8.6. NO ABRIDGMENT OF OTHER RIGHTS OF APPEAL The provisions of this grievance procedure shall not abridge on rights granted to employees under the City Charter or City ordinances, resolutions, rules and regulations providing other procedures for resolving disputes, except that an employee may not submit a grievance to an Adjustment Board or arbitrator in accordance with this grievance procedure if the employee has elected to use another procedure available under the City Charter or City ordinances, resolutions, rules and regulations for the resolution of his or her grievance. If an employee feels he or she has been unjustly discharged/disciplined, the employee shall have the right to appeal his/her case pursuant to Chapter 7.4. Such appeals must be filed in writing within five (5) working days from date of receipt of the notice letter of discharge/discipline and unless so filed the right of appeal is lost. In case the discharge is found to be unjustifiable by the Board, the Board may order payment for lost time or reinstatement with or without payment for lost time; but, in the event that the dispute is carried to arbitration and that such employee is found to have been properly discharged/disciplined under the provisions of Chapter 7, such employee may not be ordered reinstated and no penalty may be assessed upon the Employer. The arbitrator shall not have the power to amend or modify either party's position; but shall rule on the merits of each party's case as presented during the hearing. 8.7. PAY CLAIMS All complaints involving or concerning payment of compensation shall be filed in writing and no adjustments shall be retroactive for more that thirty (30) days from the date of filing. Page 29 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 8.8. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE OF THE MEMORANDUM OF UNDERSTANDING In those cases where the matter concerns any rule or policy or administrative procedure of the City contained in the City Charter, the Personnel Ordinance, or the Personnel Rules and Regulations which are adopted pursuant to the City Charter, the appeal procedures contained therein shall be utilized. CHAPTER 9. MISCELLANEOUS 9.1. EMPLOYER -EMPLOYEE RESOLUTION The City and the Association agree to abide by the City of San Rafael's Employer - Employee Relations Resolution. 9.2. UNIFORM ALLOWANCE Each of the following represented classification will receive a uniform allowance for each six (6) months of service ending June 30 and December 31 as follows: Classification Semi -Annual Annual A. Uniformed, sworn employees, $325.00 $650.00 Police Service Aide's and Parking Enforcement Officers B. Administrative/Service and $250.00 $500.00 Investigation employees C. All other represented employees: $300.00 $600.00 D. A pro -rated portion of the allowance may be given for the first and last six (6) months of service upon recommendation of the Police Chief and approval of the City Manager or their designee. 9.3. OUTSIDE EMPLOYMENT All employees of the Police Department should refer to Departmental General Orders for the policy and procedures related to outside employment. 9.4. GRATUITIES/SOLICITATION OF CONTRIBUTIONS All employees of the Police Department should refer to Departmental General Orders for the policy and procedures related to gratuities/solicitation of contributions. 9.5. RETURN OF CITY EQUIPMENT Upon termination of employment, all City property assigned to an employee shall be returned. Page 30 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 9.6. POLITICAL ACTIVITY The political activity of City employees shall comply with pertinent provisions of State and Federal Law. 9.7. EMPLOYMENT RELATIONSHIPS The City retains the right: 1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security or morale. 2. To refuse to place both parties to a relationship in the same Bureau or shift where such has the potential for creating adverse impact on supervision, safety, security, or morale or involves potential conflicts of interest. 9.8. PERSONNEL RULES Both parties agree to the Personnel Rules and Regulations revised in 1994. In the event that conditions appear in both the Rules and Regulations and the M.O.U., the M.O.U. prevails. 9.9. DRUG AND ALCOHOL POLICY The City and Association jointly recognize alcoholism and drug abuse as illnesses which may be treatable. The parties are concerned regarding alcoholism and drug problems which cause poor attendance and unsatisfactory employment related performance and/or which may pose a danger to employees or the public. Therefore, the City and Association endorse the concept of a drug free work place. Possession, sale, use, or being under the influence of drugs or alcohol while on the job is strictly prohibited. Employees violating this policy are subject to discipline, up to and including termination. When reasonable cause (relates to readiness and/or ability to perform job responsibilities) exists, the City may require employees to submit to a medical examination, including but not limited to a urine or blood analysis, to determine whether the employee is using drugs or alcohol. Said testing shall occur on City time and be paid for by the City. An employee's failure to submit to a medical examination will be considered an act of insubordination, and therefore, subject to disciplinary action. Depending on the circumstances causing the order for medical examination, employees testing positive may be subject to discipline, up to and including termination. Upon being informed that the employee tested positive, the employee may request a meeting with the Personnel Director and the Chief of Page 31 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 Police to review the test results and provide the employee's explanation for such results. Employees are encouraged to voluntarily participate in the City sponsored employee assistance program (EAP). However, EAP participation may be a City - mandated alternative to disciplinary action arising out of a violation of the City's drug and alcohol policy. As a course of participating in the EAP on a mandated basis, an employee may be required to enter into a "return to work agreement," with the City. Said agreement shall stipulate ongoing freedom from drug and/or alcohol use as a condition of continued employment. Employees who seek voluntary assistance for alcohol and/or substance will not be disciplined for seeking such assistance. Requests from employees to the Chief of Police for such assistance shall remain confidential and shall not be revealed to other employees or management personnel, who do not have a need to know, without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. An employee who is disciplined/discharged for inappropriate alcohol and/or drug use may appeal such action pursuant to Chapter 7.4 of the Memorandum of Understanding. 9.10. MEDICAL STANDARDS Both parties agree to meet and confer over medical Standards as they may related to non -placement issues. 9.11. TEMPORARY LIGHT DUTY POLICY STATEMENT The purpose of this temporary light duty program is to minimize the losses of productive time, while at the same time reintroducing the employee to work sooner to prevent deterioration of skills, facilitate recovery and reduce income loss. Light duty assignments will be structured so that employees are not placed in a duty status that would aggravate or reincur an injury or illness. Light duty assignments are to be limited to temporary periods and are not to be used to create a permanent light duty assignment. 1. Coverage Any employee who suffers a temporary and partial disability due to an industrial or non -industrial injury or illness will be covered by this light duty program. Page 32 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 2. Determination/Required Resorts a. Light Duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determination will also be based on the needs of the City and the impact of light duty departmental operations. b. After the initial report, updated medical reports shall be submitted to the department head at two week intervals, or at other agreed upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non- industrial injuries or illnesses regardless of whether or not a light duty assignment has been made. C. Reports will be evaluated by the department head for purposes of continuing or terminating a current light duty assignment or to determine when to commence a light duty assignment. 3. Light Dutv Assignments - Definitions/Restrictions a. Light duty assignments may consist of reduced work hours, limited work or any combination thereof. b. Light duty assignments will not adversely affect the employee's normal wage rate or retirement benefits. C. Light duty assignments will be within the employee's assigned department and will involve work which is consistent with the duties of the employee's classification. d. When feasible, light duty assignments will be during the employee's normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee will be assigned light duty during normal office hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. e. Specific light duty assignments will be developed based upon a case by case review of the medical restrictions, so as not to aggravate or reincur an injury or illness. Page 33 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 f. Employees will not be placed in light duty assignments, that in the normal course of events, will require that they provide direct field emergency response. 4. HolidaysNacations a. Holidays shall be observed in accordance with the light duty assignment work hours and work week. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take the holiday off, so shall the light duty employee. If the employee is assigned to work hours on a work holiday, so shall the light duty employee. Compensation for holidays shall be in accordance with applicable Memorandum of Understanding or the Personnel Rules and Regulations. b. Employees assigned to light duty shall take their assigned (selected) vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been enjoyed by the employee if they had remained on full duty. Employees may reschedule their assigned (selected) vacation with the approval of the department head, provided the rescheduling does not result in increased costs or lost time to the City for relief personnel to cover the rescheduled vacation. 5. Return to Full Dutv Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of his or her classification. 9.12. REINSTATEMENT Reinstatement after resignation shall be considered as new employment. Reinstatement may only be made upon request to the Chief of Police if the individual has: 1. Left City service within the prior twelve (12) months and 2. Left City service in good standing. Good standing shall be defined for the purposes of reinstatement as: "The employee having provided in writing to the Department two weeks notice of their resignation". Page 34 San Rafael Police Association Memorandum of Understanding July 1, 1996 -June 30, 1999 CHAPTER 10. REDUCTION IN FORCE 10.1. NOTICE Employees designated for layoff or demotion due to a reduction in force shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be so notified. 10.2. ORDER OF LAYOFF In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable, in the opinion of the City, to perform the work required. An employee laid off from City services prior to being rehired must pass the physical examination administered by a City -appointed physician and must pass the background check administered by the Police Department. The names of employees laid off shall be placed on a Re-employment Eligible List as hereinafter specified. 10.3. RE-EMPLOYMENT ELIGIBLE LIST The Re-employment Eligible List shall consist of the names of employees and former employees having probationary or permanent status who were laid off in that classification. The rank order on such list shall be determined by relative seniority as specified above. Such list shall take precedence over all other eligible lists in making appointments to the classification is which the employee worked. Employees who did not complete their probationary period prior to being laid off; if re- employed must complete their probationary period. The employee may petition to the Chief of Police for early release from this probationary period. The name of any person laid off shall continue on the appropriate Re-employment Eligible List for a period of one (1) year after it is placed thereon. The names of any eligible employees on a Re-employment Eligible List shall be automatically removed from said list at the expiration of the appropriate period of eligibility. CHAPTER 11. MOU LANGUAGE 11.1. EXISTING LAWS, REGULATIONS AND POLICIES This M.O.U. is subject to all applicable laws. 11.2 STRIKES AND LOCKOUTS During the term of this M.O.U., the City agrees that it will not lock out employees, and the Association agrees that it will not encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Association Page 35 San Rafael Police Association Memorandum of Understanding July 1, 1996 - June 30, 1999 will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time. 11.3. FULL UNDERSTANDING, MODIFICATION, WAIVER A. The parties jointly represent to the City Council that this M.O.U. sets forth the full and entire understanding of the parties regarding the matters set forth herein. B. Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to meet and confer with respect to any subject or matter covered herein during the period of the term of this M.O.U. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope to meeting and conferring for a proposed M.O.U. between the parties to be effective on or after July 1, 1999. 11.4. PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, ordinance or resolution, which are not specifically superseded by this M.O.U., shall remain in full force and effect throughout the term of this Agreement. 11.5. SEVERABILITY If any article, paragraph or section of this M.O.U. shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this M.O.U. shall not be affected thereby, and the parties shall enter into meet and confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. 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