HomeMy WebLinkAboutCC Resolution 9237 (Police Association MOU)RESOLUTION NO. 9237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
SAN RAFAEL AMENDING RESOLUTION NOS. 5929, 60781
6415, 6689, 7206, 7656, 8111, 8592, AND 8860 PERTAINING
TO THE COMPENSATION AND WORKING CONDITIONS FOR
POLICE ASSOCIATION PERSONNEL
(EFFECTIVE 7-1-93 - 6-30-96)
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 10/17/94 ,
and consisting of 25 pages and Exhibits A, B, C, D, and E 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
10/17/94 , as official document of reference respecting
compensation and working conditions for Police Association
personnel;
Section 2. The Schedule describing classes of positions and
salary ranges attached in Exhibits A, B, C, D, and E 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 MONDAY , the 17TH day of OCTOBER, 1994
by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:Cohen, Heller, Thayer, Zappetini & Mayor Borc
COUNCILMEMBERS: None
COUNCILMEMBERS: None
A.
ASN ,
JE M. LEON INI, City Clerk
ORICINAil' A114k
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL POLICE ASSOCIATION
July 1, 1993 through June 30, 1996
r
TABLE OF CONTENTS
CHAPTER 1. GENERAL PROVISIONS
I
1.1. INTRODUCTION
1
1.1.1. Scope of Agreement
1
1.1.2. Term
1
1.2. RECOGNITION
1
1.2.1. Bargaining Unit
l
1.2.2. New Classifications
l
1.2.3. Available Copies
1
1.3. DISCRIMINATION
1.3.1. In General
1.3.2. Association Discrimination
1.4. ASSOCIATION RIGHTS
2
1.4.1. Employee Representatives
2
1.4.2. Union Release Time
2
1.4.3. Commencement of Negotiations
2
1.4.4. Dues Deduction
2
1.5. CITY RIGHTS
2
1.5.1. Defined City Rights
2
CHAPTER 2. COMPENSATION
3
2.1. SALARY
3
2.2. COMPENSATION PLAN
4
2.2.1. Pay Period
4
2.3. SALARY STEP INCREASES
4
2.4. MERIT STEP INCREASES
4
2.5. CAREER INCENTIVE PLAN
4
2.6. EDUCATIONAL INCENTIVE
5
2.7. ADDITIONAL PAY
5
2.7.1. Court Pav
5
2.7.2. Call -Back Pay
5
2.7.3. Stand By
5
2.7.4. Female Custodial Duties
6
2.7.5. Shift Differential
6
2.7.6. Bilingual Pay
6
2.7.7. Special Response Team
7
2.7.8. Field Training Officer (FTO)
7
2.7.9. Motor Officer Pay
7
CHAPTER 3. PROBATIONARY PERIOD
7
3.1. PURPOSE OF PROBATION
7
3.2. LENGTH OF PROBATIONARY PERIOD
7
3.3. REJECTION DURING PROBATION 7
3.4. EXTENSION OF PROBATIONARY PERIOD .8
3.5. NOTIFICATION OF EXTENSION OR REJECTION 8
3.6. REGULAR STATUS .8
3.7. PROMOTION OF PROBATIONARY EMPLOYEE 8
3.8. UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION 8
CHAPTER 4. HEALTH AND WELFARE 8
4.1. INSURANCES 8
4.2. PERS HEALTH INSURANCE BENEFITS 8
4.3. PAY BACK 8
4.4. RETIREMENT CONTRIBUTION 9
4.5. DENTAL INSURANCE 9
4.6. VACATION LEAVE
.9
4.6.1. Eligibility:
.9
4.6.2. Rate of Accrual:
9
4.6.3. Administration of Vacation Leave:
.9
4.6.4. Vacation Sign-up
.10
4.6.5. Vacation Cash in
.10
4.7. SICK LEAVE ISSUES
.10
4.7.1. Eligibility
.10
4.7.2. Accumulation
.10
4.7.3. Use of Sick Leave
.10
4.7.4. Advance of Sick Leave
10
4.7.5. Sick Leave Balance
.10
4.8. HOLIDAYS
.11
4.9. OTHER LEAVES
.11
4.9.1. Bereavement Leave
.11
4.9.2. Military Leave
.11
4.9.3. Leave of Absence Without Pay
11
4.9.4. Industrial Injury Leave
.12
4.9.5. Jury Duty
.12
4.9.6. Medical Leave of Absence
12
4.9.7. Absent Without Authorized Leave
12
CHAPTER 5. HOURS OF WORK
13
5.1. WORK WEEK
13
5.1.1. Established Work Week.
13
5.1.2. Alternative Work Schedules.
13
5.1.3. Sergeant's Schedule:
14
5.1.4. Shift Rotation
14
5.1.5. Patrol Briefing Periods
14
5.1.6. Employee Break and Meal Periods
14
5.2. OVERTIME 14
5.3. SHIFT CHANGES
CHAPTER 6. TERMS AND CONDITIONS OF EMPLOYMENT-
6.1.
MPLOYMENT_6.1. DEMOTION AND SUSPENSION
6.2. TERMINATION OF EMPLOYMENT
6.2.1. Resignation
6.2.2. Termination - Lay Off
6.2.3. Termination - Disciplinary Action
6.2.4. Retirement
6.2.5. Rejection During Probation
CHAPTER 7. DISCIPLINARY ACTION
7.1. AUTHORITY
7.2. DEFINITION
7.3. CAUSES FOR DISCIPLINARY ACTION _
7.4. APPEALS
7.5. CITY MANAGER AND ARBITRATION
CHAPTER 8. GRIEVANCE PROCEDURE
8.1. DEFINITION
8.2. INITIAL DISCUSSIONS.
8.3. REFERRAL TO CITY MANAGER
8.4. ADJUSTMENT BOARD
8.5. CITY MANAGER AND ARBITRATION
8.6. NO ABRIDGMENT OF OTHER RIGHTS OF APPEAL
8.7. PAY CLAIMS
8.8. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE OF THE
MEMORANDUM OF UNDERSTANDING
CHAPTER 9. MISCELLANEOUS
9.1. EMPLOYER - EMPLOYEE RESOLUTION
9.2. UNIFORM ALLOWANCE
9.3. OUTSIDE EMPLOYMENT
9.4. GRATUITIES/SOLICITATION OF CONTRIBUTIONS
9.5. RETURN OF CITY EQUIPMENT
9.6. POLITICAL ACTIVITY
9.7. EMPLOYMENT RELATIONSHIPS
9.8. PERSONNEL RULES
9.9. DRUG AND ALCOHOL POLICY
9.10. MEDICAL STANDARDS
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17
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9.11. TEMPORARY LIGHT DUTY POLICY STATEMENT
9.12. REINSTATEMENT
CHAPTER 10. REDUCTION IN FORCE
10.1. NOTICE
10.2. ORDER OF LAYOFF
10.3. RE-EMPLOYMENT ELIGIBLE LIST
CHAPTER 11. MOU LANGUAGE
11.1. EXISTING LAWS, REGULATIONS AND POLICIES
11.2 STRIKES AND LOCKOUTS
11.3. FULL UNDERSTANDING, MODIFICATION, WAIVER
11.4. PREVAILING RIGHTS
11.5. SEVERABILITY
21
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San Rafael Police Association
Memorandum of Understanding
July 1. 1993 - June 30, 1996
This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et. seq. of the
Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of
employment for the employees in said representative unit, and have freely exchanged information, opinions
and proposals and have reached agreement on all matters relating to the employment conditions and
employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the
joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period
commencing July 1. 1993 and ending June 30. 1996.
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
desigWad 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 July 1. 1993 through June 30. 1996.
1.2. RECOGNITION
1.2.1. Bargaining Unit
The City hereby recognizes the Association as the bargaining representative for the purpose of establishing
salaries, hours, fringe benefits and working conditions for all employees within the San Rafael Police
Association Bargaining Unit (As referenced in Exhibit "A" attached).
1.2.2. New Classifications
New classifications developed by the City, and determined to be appropriately included in the Bargaining Unit,
shall be assigned a wage scale by the City. The 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.
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
1.3. DISCRIMINATION
1.3.1. In General
The parties to this contract agree that they shall not, in any manner, discriminate against any person
whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual preference, marital
status, medical condition or disability.
1.3.2. Association Discrimination
No member, official, or representative of the Association shall, in any way suffer any type of discrimination in
connection with continued employment, promotion, or otherwise by virtue of membership in or representation
of Association.
1.4. ASSOCIATION RIGHTS
1.4.1. Employee Representatives
The Association shall by written notice to the City Manager designate certain of its members as Employee
Representatives. Association representatives who are official representatives of the Association shall be given
reasonable time off with pay to attend meetings with management representatives, or to be present at hearings
where matters within the scope of representation or grievances are being considered. The use of official time
for this purpose shall be reasonable and shall not interfere with the performance of City services. Such
employee representatives shall submit through the Police Department chain of command a written request for
excused absence to the Chief of Police at least forty-eight (48) hours prior to the scheduled meeting whenever
possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed
three (3).
1.4.2. Union Release Time
One hundred (100) hours per calendar year shall be provided for union release time, apart from MMB activity,
with ten days advance notice and approval of the Chief of Police. Any additional hours shall be granted only
with ten days advance notice and approval of the Chief of Police.
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 expressed abridged by specific provision of this Memorandum of Understanding or by law to manage the
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and
exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not
be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or non-existence of facts which are the basis of the management decision.
3. To determine the necessity of organization or any service or activity conducted by the City and
expand or diminish services.
4. To determine the nature, manner, means technology, and extent of services to be provided to the
public.
5. Methods of financing.
6. Types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology, means and size of the work force by
which the City operations are to be conducted.
8. To determine and change the number of locations, relocations 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; and Federal law, the City shall have the duty to
meet and confer with the Association regarding the impact of its decision/exercise of rights.
CHAPTER 2. COMPENSATION
2.1. SALARY
The salary ranges established in this Memorandum of Understanding (M.O.U.) shall reflect the following
adjustments:
A. Effective July 1, 1993, the salary ranges shall receive an upward adjustment of 2% (see Exhibit
"A" attached).
B. Effective January 1, 1994, the salary ranges shall receive an upward adjustment of 2% (see
Exhibit "B" attached).
C. Effective July 1, 1994, the salary ranges shall receive an upward adjustment of 5.5% (see
Exhibit "C" attached).
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
D. Effective July 1, 1995, the salary ranges shall receive an upward adjustment of 2.2% (see
Exhibit "D" attached).
E. Effective January 1, 1996, the salary ranges shall receive an upward adjustment of 3.3% (see
Exhibit "E" attached).
2.2. COMPENSA TION 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 employments shall be at the first step of the salary range. The City Manager or his/her designee may
authorize, upon the recommendation of the Chief of Police, a position at an appropriate higher salary when, in
his/her opinion, it is necessary to obtain (ing) qualified personnel or when it appears that the education or
experience of a proposed employee is substantially superior to the minimum requirements of the class and
justifies beginning salary in excess of the first step.
2.2.1. Pay Period
City employees are paid twice per month on the 15th and the last working day of the month. When a holiday
falls on a pay day, the pay day will be transferred to the previous day of regular bu:;1ness 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 (50/6) may be granted an employee based upon
the recommendation of the Chief of Police and approval of the City Manager.
2.4. MERIT PA Y A WARD
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. CAREER INCENTIVE PLAN
The City agrees to develop a Career Incentive Plan for all members of the bargaining unit and to present it to
the Association for meet and confer purposes. The Plan will be developed no later than July 31, 1993, with a
target implementation date of January 1, 1994.
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
The plan shall take the form of merit pay cash incentives of five percent (5%) each. Employees will become
eligible for the first incentive two (2) years after attaining E -Step in their respective pay grade and the following
minimum requirements.
Incentive
Minimum Requirements
(5%)
Step E for 2 years
(5%)
Step E for 5 years
(5%)
Step E for 7 years
(5%)
Step E for 10 years
In all cases, merit increases will be based on recommendation of supervisor, documented in an evaluation and
with the concurrence of the Chief of Police. The incentive(s) will be reviewed at each anniversary date.
Incentives will be paid in a separate check quarterly on March 15, June 15, September 15, and December 15.
Both parties agree that if such agreement is not attained, neither parry will have the right to any claim against
the other because of failure to reach agreement. It is further agreed that discussions (meet and confer) will
concern criteria only for this program and will not impact the previously agreed dollar value of the incentives.
2.6. 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
2.7. ADDITIONAL PAY
2.7.1. Court Pay
Intermediate Certificate
Advanced
Certificate
$140.00
$190.00
$130.00
$177.50
$120.00
$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 regular tour of duty or shift of hours, shall receive a minimum of
three (3) hours pay at overtime rate. If such appearance is required to be made by a member of the
Department on a day off, he/she shall receive a minimum of four (4) hours pay at overtime rate.
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. on the last court day preceding
the scheduled appearance date of the employee. Police employees will be responsible for calling the
Department after 6:00 p.m. If the trial is not canceled by 6:00 PM on the day preceding the appearance date,
an employee shall receive a minimum of three (3) hours pay at the overtime rate. If an employee is
subpoenaed to make such appearance on a day off, he shall receive a minimum of four (4) hours pay at the
overtime rate.
2.7.2. 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.
2.7.3. 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
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
hours notice. Any order not canceled with 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.
2.7.4. Female Custodial Duties
Non -sworn female 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.
2.7.5. 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.
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 shiff ,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.
2.7.6. Bilingual Pay
Full Fluency Program. A five percent (5%) bilingual pay incentive shall be paid to up to ten (10)
designated bilingual employees (sworn or non -sworn).
Conversational Fluency Program. A Conversational fluency 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 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
education costs if he/she drops out of the education program or does not successfully pass the
certification test. In the event an employee must reimburse the full amount, reimbursement shall be
through payroll deductions over the course of three (3) years or in full upon separation.
Within the limits established in paragraphs 1 and 2 of this section, to qualify for either the Full or
Conversational Programs, employees must be certified as proficient in a language deemed to be of work
related value to the Police Department as determined by the Chief of Police and approved by the City
Manager by established standards. It is agreed that full fluency or conversational proficiency certification
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
may be obtained by passing a standardized departmental test (to be developed by the department) or
fluency certification issued by an agency approved by the Chief of Police. Conversational proficiency
certification may be obtained by an employee achieving a Certificate of Completion from One Twelve
USA, or passing a departmental conversational test, or a conversational certification issued by an
agency approved by the Chief of Police.
Fluency in more than one foreign language does not entitle an employee to more than the 5% bilingual
pay differential. Both parties agree to annual re -certification of proficiency to continue eligibility for the
bilingual differential.
Shift assignments and distribution of bilingual employees shall be at the discretion of the Chief of Police
2.7.7. 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.
2.7.8. Field Training Officer (FTO)
A. The City will establish a program for selection of Field Training Officers. Field Training Officers
will be paid five (5%) percent 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 jot 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.
2.7.9. Motor Officer Pay
Police Department personnel assigned to the following duty shall receive additional compensation
amounting to five (5) percent of their basic monthly salary: Operation of a solo -motorcycle for more than
50% of his/her work month.
CHAPTER 3. PROBATIONARY PERIOD
3.1. PURPOSE OF PROBATION
After passing an examination and accepting appointment, each employee shall serve a period of probation
beginning on the date of appointment. Such period shall be for the purpose of determining the employee's
ability to perform satisfactorily the duties prescribed for the position.
3.2. LENGTH OF PROBATIONARY PERIOD
The probationary period on original and promotional appointments shall be eighteen (18) months.
3.3. REJECTION DURING PROBATION
During the probationary period, an employee may be rejected at any time by the Appointina 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. for sworn officers, and as provided for in applicable existing case law
concerning appeal rights/remedies of probationary employees.
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
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
On determining that a probationary employee's work is not satisfactory, the Chief of Police shall notify the
Personnel Officer in writing of his/her intention to 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 position in a higher position classification
provided the employee is certified from the appropriate Eligible List. The employee promoted in this manner
shall serve a new probationary period for the position to which employee is promoted and the new probationary
period and promotional appointment shall be effective the same date.
3.8. UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION
An employee who does not successfully pass the promotional probationary period shall be reinstated to the
position in which the employee held regular status prior to his/her promotion. Provided, however, that if the
cause for not passing thc, promotional probationary period was sufficient grounds for dismis.°;al, 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
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.
4.2. PERS HEALTH INSURANCE BENEFITS
The City will continue to contract with the Public Employees Retirement System (PERS), Health Benefits
Division, in compliance with all applicable PERS rules and regulations during the term of this M.O.U. for the
purposes of providing health insurance.
4.3. PA Y BACK
The difference between the total allotted amount for active employees and the cost of health, accident, life and
long term disability insurances will be paid back to the employee up to a maximum of $108 per month.
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
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 (70'0) 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 da%s 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.
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.
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
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 as a
privilege which an employee may use at the employee's discretion, but shall be allowed only in case of
necessity and actual sickness or disability. The employee is required to notify employee's immediate
supervisor or department head according to department Rules and Regulations at the beginning of his/her daily
duties. Every employee who is absent from his/her duties for two (2) consecutive workdays shall file with the
Personnel Director. should he/she so reauest, 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 fumish 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 have 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 termination of employment, by resignation, retirement or death, an employee hired prior to June 30,
1979, 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%).
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
Employees hired on or after June 30, 1979 who die while an active employee or who retire from the Marin
County Retirement System within 120 days of leaving their City of San Rafael position shall receive
compensation (cash in) of accumulated, unused sick leave based upon the rate of three percent (3%) for each
year of service up to a maximum of fifty percent (50%).
Note: Refer to 4.7.2. for sick leave cap limitation for payoff purposes.
4.8. HOLIDAYS
The following holidays will be observed:
1.
New Year's Day
2.
Martin Luther King Day
3.
Washington's Birthday
4.
Lincoln's Birthday
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.
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.
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
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 cf San
Rafael and the employee. After said check is properly endorsed, it shall be deposited with the City Treasurer.
All other employees shall be entitled to such compensation as may be allowed them by the Worker's
Compensation Insurance and Safety Act of the State of California.
4.9.5. Jury Duty
Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned
duties until released by the court, provided that the employee provides advance notice to the Chief of Police
and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from
the termination of such duty.
4.9.6. Medical Leave of Absence
Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and
the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the Chief of
Police for approval and reviewed by the 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.
12
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
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.
I Schedule Definition
4-10 Four (4) consecutive ten (10) hour days with three (3) consecutive days off.
5-8 I Five (5) consecutive eiqht (8) hour days with two (2) consecutive days off.
6-3 ISix (6) consecutive eight and one-half (8 1/2) hour days with three (3)
consecutive days off.
5-9 Five (5) consecutive nine (9) hour days with two consecutive days off,
followed by four (4) consecutive work days three (3) of whirh are nine (9) hour
days and one (1) of which is eight (8) hours 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. Patrol Sergeants 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 maybe 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 plan for all detectives.
FRONT OFFICE:
A system combining 5-8/4-10 for all front office Records Clerks.
COMMUNICATIONS:
A 4-10 plan for all dispatchers.
13
San Rafael Police Association
Memorandum of Understanding
July 1. 1993 - June 30, 1996
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. The new agreement will have a trial date effective until 1-4-93.
5. Cpl.'s can be used as relief and/or Sgt.'s from other work units can be used as relief.
5.1.4. Shift Rotation
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.
Except for Probationary Sergeants and Corporals those employees in those job classes assigned to Patrol may
use their seniority, within rank, to remain on a shift for up to one year. These employees would then not have
to work a graveyard shift again until all others within their rank, assigned to Patrol, have worked that shift.
5.1.5. Patrol Briefing Periods
Patrol briefing periods will be conducted within Patrol employees designated shifts.
5.1.6. Employee Break and Meal Periods
Employee break and meal periods are as follows:
1. Uniformed Patrol employees: One 15 minute break in first half of shift and one 45 minute meal period
as scheduled and approved by the designated supervisor.
2. All other employees: One 15 minute break to betaken 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.
Both parties agree that any changes in the overtime provisions of this M.O.U. are subject to the meet and
confer process.
Compensation days off are guaranteed when submitted ten (10) days in advance and approved seven (7) days
or more in advance at the discretion of the Chief of Police or his designee. Requests not submitted ten days in
14
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
advance may be granted at the discretion of the department. Compensatory time off can be canceled during
the seven day period in the event of an emergency situation.
Department minimum staffing levels should be used as one of the guidelines to be considered in determining
approval of compensatory time requests. Compensatory time requests shall not be approved if the time off
brings the shift below minimum staffing levels as set by the department, unless approved by the Chief of
Police or his designee.
5.3. SHIFT CHANGES
Changes in the days or hours of the regular work schedule of an employee shall entitle such employee to
overtime compensation at the rate of time and one-half for any hours worked outside the employee's regular
work schedule unless the City has given the employee a minimum of seven (7) days advance notice of such a
change. No advance notice to employees by the City of shift change shall be required and no overtime shall
be paid when shift changes occur as a result of work related emergencies, i.e., multiple sicknesses, disabilities
or injuries; an unplanned for vacancy or shortage occurring less than seven days in advance of the shift
change 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 request such a demotion.
No employee shall be demoted to a classification for which he/she does not possess the minimum
qualifications.
When the action is initiated by the Chief of Police, written notice of demotion shall be provided to an employee
at least ten (10) working day before the effective date of the demotion, and a copy filed with the Personnel
Office. Withholding a salary step increase, or withdrawing a merit step increase within or above the salary
range of the employee's position shall not be deemed a demotion.
Disciplinary demotion action shall be in accordance with Chapter 7, "Disciplinary Action."
The Chief of Police or designee may suspend an employee from a position at any time for disciplinary
purpose. Intended suspension action shall be reported immediately to the Personnel Officer, and shall be
taken in accordance with Chapter 7, "Disciplinary Action."
15
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
6.2. TERMINATION OF EMPLOYMENT
6.2.1. Resignation
An employee wishing to leave the City service in good standing shall file with his/her immediate supervisor, at
least fourteen (14) days before leaving the service, a written resignation stating the effective date and reason
for leaving. A copy of the resignation shall be forwarded to the Chief of Police and Personnel Office.
6.2.2. Termination - Lay Off
The Appointing Authority may terminate an employee because of changes in duties or organization, or
abolition of position, or shortage of work or funds, or completion of work for which employment was made.
6.2.3. Termination - Disciplinary Action
An employee may be terminated at any time for disciplinary action, as provided in Chapter 7, "Disciplinary
Action."
6.2.4. Retirement
Retirement from the City services shall, except as otherwise provided, be subject to the terms and conditions
of the City's contract as amended from time to time, with the Marin County Retirement System.
6.2.5. Rejection During Probation
An employee may be terminated from their position during the probationary period of their initial appointment
to the City's classified service without right of appeal.
CHAPTER 7. 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 dischargeldismissal, demotion, reduction in salary, and suspension resulting in
loss of pay.
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.
1fi
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
L. Misuses of City property.
M. Violation of any of the provisions of these working rules and regulations or departmental rules and
regulations.
N. Disorderly conduct, participation in fights, horseplay or brawls.
O. Dishonesty or theft.
P. Establishment of a pattern of violations of any City policy or rules and regulations over an
extended period of time in which a specific incident in and of itself would not warrant disciplinary
action, however, the cumulative effect would warrant such action.
Q. Failure to perform to an acceptable level of work quality and quantity.
R. Insubordination.
S. Other acts inimicable to the public service.
T. Inability or refusal to provide medical statement on cause of illness or disability.
7.4. APPEALS
if an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the right to
appeal his or her case through the appropriate procedure (Chapter 8). Such appeal must be filed with the City
Manager or the Personnel Officer by the employee in writing within five (5) working days from the date of the
disciplineldischarge and unless so filed the right of appeal is lost.
7.5. CITY MANAGER AND ARBITRATION
The employee (Appeallant) may submit the appeal directly to the City Manager or may request arbitration. If
arbitration is requested, representatives of the City and the employee (Appeallant) 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 parry'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 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 jurisd?ction 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
17
San Rafael Police Associat
Memorandum of Understan.
July 1, 1993 - June 30, 1996
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.
Anytime 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 shalt nave the power to amend or modify this Memorandum of Understanding or written agreements
or addenda supplementary hereto or to establish any new terms or conditions of employment. No changes in
the Memorandum of Understanding or interpretations thereof will be recognized unless agreed to by the City
Manager and the Association.
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 dischargeldiscipline 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
San Rafael Police Associat
Memorandum of Understanu.
July 1, 1993 - June 30, 1996
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.
8.8. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE OF THE
MEMORANDUM OF UNDERSTANDING
In those cases where the matter concems 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
Effective with fiscal year 94/95, 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, swom employees, $325.00 $650.00
Police Service Aide's and
Parking Enforcement Officers
B. Adm inistrative/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 retumed.
9.6. POLITICAL ACTIVITY
The political activity of City employees shall comply with pertinent provisions of State and Federal Law.
19
San Rafael Police Associate
Memorandum of Understana,.,y
July 1, 1993 - June 30, 1996
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 conduct one final session of no more than eight (8) hours in duration. This meeting will
be held in October of 1994. The purpose of the meeting is to address any remaining concerns of the San
Rafael Police Association on the revised Personnel Rules and Regulations. It is understood by both parties
that the revised Personnel Rules and Regulations will be adopted and implemented by the City following
conclusion of the final meet and confer meeting with the San Rafael Police Association. 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 an including termination. Upon being informed that the employee
tested positive, the employee may request a meeting with the Personnel Director and the Chief of Police
to review the test results and provide the employee's explanation for such results.
Employees are encouraged to voluntarily participate in the City sponsored employee assistance program
(EAP). However, EAP participation may be a City -mandated alternative to disciplinary action arising out
of a violation of the City's drug and alcohol policy.
As a course of participating in the EAP on a mandated basis, an employee may be required to enter into
a "return to work agreement," with the City. Said agreement shall stipulate ongoing freedom from drug
and/or alcohol use as a condition of continued employment.
Employees who seek voluntary assistance for alcohol and/or substance will not be disciplined for seeking
such assistance. Requests from employees to the Chief of Police for such assistance shall remain
confidential and shall not be revealed to other employees or management personnel, who do not have a
need to know without the employee's consent. Employees enrolled in substance abuse programs shall
be subject to all Employer rules, regulations and job performance standards with the understanding that
an employee enrolled in such a program is receiving treatment for an illness.
20
San Rafael Police Associabc
Memorandum of Understano.
July 1, 1993 - June 30, 1996
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 structure 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.
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.
2. Determination/Required Reports
a. Light Duty assignments may be made following evaluation and determination by
the department head. The determination will be based on available medical
information, and consultation with the employee or the affected supervisor.
Determination will also be based on the needs of the City and the impact of light
duty departmental operations.
b. After the initial report, updated medical reports shall be submitted to the
department head at two week intervals, or at other agreed upon intervals, for as
long as the employee is off work. Reports will be required for all industrial or
non -industrial injuries or illnesses regardless of whether or not a light duty
assignment has been made.
C. Reports will be evaluated by the department head for purposes of continuing or
terminating a current light duty assignment or to determine when to commence a
light duty assignment.
3. 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
21
San Rafael Police Associatic
Memorandum of Understands.,,
July 1, 1993 - June 30, 1996
light duty during normal office hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday.
e. Specific light duty assignments will be developed based upon a case by case
review of the medical restrictions, so as not to aggravate or reincur an injury or
illness.
f. Employees will not be placed in light duty assignments, that in the normal course
of events, will require that they provide direct field emergency response.
4. HolidaysNacations
a. Holidays shall be observed in accordance with the light duty assignment work
hours and work week. That is, if an employee is assigned to work hours in a
department, division, or operating unit where employees in that work unit take
the holiday off, so shall the light duty employee. If the employee is assigned to
work hours on a work holiday, so shall the light duty employee. Compensation
for holidays shall be in accordance with applicable Memorandum of
Understanding or the Personnel Rules and Regulations.
b. Employees assigned to light duty shall take their assigned (selected) vacation as
normally scheduled,. Vacations shall cover the same number of duty and
calendar days as would have been enjoyed by the employee if they had
remained on full duty. Employees may reschedule their assigned (selected)
vacation with the approval of the department head, provided the rescheduling
does not result in increased costs or lost time to the City for relies 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".
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 bu so notified.
P&
San Rafael Police Associati
Memorandum of Understano- j
July 1, 1993 - June 30, 1996
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 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 parry 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, 1996.
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.
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
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.
24
San Rafael Police Association
Memorandum of Understanding
July 1, 1993 - June 30, 1996
SAN RAFAEL POLICE ASSOCIATION
JAMES STRONG
JOHN H. CHILDRESS
CITY OF SAN RAFAEL
E V GOLT, ASSISTANT CITY
AGER
DARYL�A CHANDLER, PERSONNEL
/ DIRECTOR
JO&L F'AY P. ROBERT KROLAk, CHIEF OF POLICE
MICHAEL P. MCBRIDE
� ✓ _ i .. ice/
DATED
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