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HomeMy WebLinkAboutCC Resolution 9182 (Supervisory Personnel MOU)RESOLUTION NO. 9182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 8820 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR SUPERVISORY PERSONNEL WHEREAS, The City of San Rafael and Marin Association of Public Employees/S.E.I.U., Local 949, 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 1 , 1994, and consisting of thirty-seven (37) pages and Exhibits "A," "B," and "C has been executed by duly authorized representatives for both parties. follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as Section 1. Effective July 1, 1994, the City of San Rafael and the Marin Association of Public Employees shall utilize the Memorandum of Understanding dated Aua. 1 , 1994 as the official document of reference respecting compensation and working conditions for M.A.P.E. Supervisory personnel. Section 2. The schedule describing classes of positions and salary ranges attached in Exhibits "A" and "B" to said Memorandum of Understanding itself, are hereby adopted and 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, August 1, 1994, by the following vote to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None !2. _ J MNE M. LEONCIN ,CITY CLERK URIG9��f_ X98= MEMORANDUM OF UNDERSTANDING Supervisory Employee Unit WHEREAS, authorized representatives of the City of San Rafael, a chartered City (hereinafter referred to as "City"), and authorized representatives of the MARIN ASSOCIATION OF PUBLIC EMPLOYEES/S.E.I.U., Local 949, the recognized employee organization for classified Miscellaneous Supervisory employees belonging to the Supervisory Unit (hereinafter referred to as "Union"), have met and conferred concerning wages, hours, and working conditions; NOW, THEREFORE, IT IS AGREED, that pursuant to the provisions of the Meyers -Mi 1ias-Brown Act, the matters set forth in this Memorandum of Understanding between the City and the Union shall apply to all employees represented by the Union. IT IS FURTHER AGREED, that this Memorandum of Understanding is subject to the approval of the San Rafael City Council. DATED: Auqust 1, 1994 MARIN ASSOCIATION OF PUBLIC EMPLOYEES S.E.I.U., LOCAL 949 BY: Z-1 BiYl Castlellanos Field Representative M.A.P.E./S.E.I.U., Local 949 CITY OF SAN RAFAEL Darya G. Chandler Personnel Director City of San Rafael M.A.P.E. SUPERVISORY UNIT MEMORANDUM OF UNDERSTANDING FISCAL YEAR 94-95 and FISCAL YEAR 95-96 MARIN ASSOCIATION OF PUBLIC EMPLOYEES SUPERVISORY UNIT 1994-1996 SEIU, LOCAL 949, AFL-CIO TABLE OF CONTENTS Chapter 1 General Provisions Article 1.1 Introduction Page 1 Article 1.2 Recognition Page 2 Article 1.3 Discrimination Page 2 Article 1.4 Inspection of Memorandum of Page 2 Understanding Article 1.5 Existing Laws, Regulations and Policies Page 2 Article 1.6 Strikes and Lockouts Page 2 Article 1.7 Severability Page 3 Article 1.8 Prevailing Rights Page 3 Article 1.9 Full Understanding, Modification, Waiver Page 3 Chapter 2 Wages Article 2.1 General Wages Page 4 Article 2.2 Step Increase Page 4 Article 2.3 Salary Change on Reclassification Page 5 Article 2.4 Compensation Plan Page 6 Article 2.5 Pay Period Page 7 Article 2.6 Probationary Period Page 7 Article 2.7 Specified Wage Adjustments/Differentials Page 8 Chapter 3 Benefits Article 3.1 Health and Welfare Page 9 Article 3.2 Dental Insurance Page 9 Article 3.3 Joint Benefit Committee Page 10 Article 3.4 State Disability Insurance (S.D.I.) Page 10 Article 3.5 Retirement Page 11 Article 3.6 Sick Leave page -11 Article 3.7 Vacation Leave Page 13 Article 3.8 Holidays page 14 Article 3.9 Other Leaves Page 14 Chapter 4 Terms and Conditions Article 4.1 Work Week Page 17 Article 4.2 Overtime Page 17 Article 4.3 Compensatory Time Policy Page 17 Article 4.4 Call-back Duty Page 18 Article 4.5 Transfer/Reassignments Page 18 Article 4.6 Education Reimbursement Program Page 19 Article 4.7 Uniform Allowance Page 19 Page 1 of 2 813194 12:41 PM Article 4.8 Safety Page 20 Article 4.9 Miscellaneous Page 21 Chapter 5 Procedures Article 5.1 Demotion and Suspension Page 22 Article 5.2 Termination of Employment Page 22 Article 5.3 Disciplinary Action Page 23 Article 5.4 Grievance Procedure Page 24 Article 5.5 Position Reclassification Procedure Page 28 Article 5.6 Furlough Program Page 29 Chapter 6 Union Rights Article 6.1 Employee Representatives Page 31 Article 6.2 Dues Deduction Page 31 Chapter 7 Management Rights Page 33 Chapter 8 Reduction in Force Article 8.1 Authority Page 34 Article 8.2 Notice Page 34 Article 8.3 Order of Layoff Page 34 Article 8.4 Seniority Page 34 Article 8.5 Bumping Rights Page 35 Article 8.6 Transfer Rights Page 35 Article 8.7 Re-employment Page 35 Page 2 012 813194 12:41 PM MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and MARIN ASSOCIATION OF PUBLIC EMPLOYEES SUPERVISORY UNIT SEIU, LOCAL 949, AFL-CIO This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et seq of the Government Code of the State of California. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer- employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 1994 and ending June 30, 1996. CHAPTER 1. GENERAL PROVISIONS ARTICLE 1.1. INTRODUCTION 1.1.1. Scope of Agreement. The salaries, hours, fringe benefits and working conditions set forth have been mutually agree upon by the designated bargaining representatives of the City of San Rafael (herein -after called "CITY") and the Marin Association of Public Employees, SEIU Local 949 (herein -after called ("UNION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein. Page 1 of 37 1.1.2. Term. This agreement shall be in effect from July 1, 1994 through June 30, 1996. ARTICLE 1.2. RECOGNITION 1.2.1. Bargaining Unit. City hereby recognizes Union as bargaining representative for purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the M.A.P.E Supervisory Bargaining Unit.(As referenced in Exhibit "A" attached). 1.2.2. Notice to Employees. Whenever a person is hired in any of the job classifications set forth herein, City shall notify such person that the Union is the recognized bargaining representative for employees in that classification. ARTICLE 1.3. DISCRIMINATION 1.3.1. In General. The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual preference, marital status, medical condition or handicap. 1.3.2. Union Discrimination. No representative of the Union shall, discrimination in connection with promotion, or otherwise by virtue representation of Union. member, official, or in any way suffer any type of continued employment, of membership in or ARTICLE 1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING Both the City and the Union agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request. ARTICLE 1.5. EXISTING LAWS, REGULATIONS AND POLICIES This agreement is subject to all applicable laws of the State of California, ordinances, regulations, and policies of the City of San Rafael. ARTICLE 1.6. STRIKES AND LOCKOUTS During the term of this Memorandum, the City agrees that it will not lock out employees, and the Union agrees that it will not agree to, encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Union will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established Page 2 of 37 procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time. ARTICLE 1.7. SEVERABILITY If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet -and -confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. ARTICLE 1.8. PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulation, ordinance or resolution, which are not specifically superseded by this Memorandum of Understanding shall remain in full force and effect throughout the term of this Agreement. ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER 1.9.1. Understanding. The parties jointly represent to the City Council that this Memorandum of Understanding set forth the full and entire understanding of the parties regarding the matters set forth herein. 1.9.2. Waiver & Modification. Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring by mutual agreement. Page 3 of 37 CHAPTER 2. WAGES ARTICLE 2.1. General Wages 2.1.1. The salary ranges established in this Memorandum of Understanding (M.O.U.) shall reflect the following adjustments: 1. Effective July 1, 1994, the salary ranges shall receive an upward adjustment of 3% (see Exhibit "A" attached for July 1, 1994 salary ranges). 2. Effective July 1, 1995, the salary ranges shall receive an upward adjustment of 2% (see Exhibit "B" attached for July 1, 1995 salary ranges). 3. Combined revenues from sales tax, motor vehicle in lieu fees and the secured property tax levy are projected at $16,285,000 for fiscal year 1994/95. As of June 30, 1995, if revenues from these sources reach or exceed $16,485,000, after consideration of loss of revenue or additional costs the City may experience as a result of the state budget crisis and in addition to the across the board increase effective for July 1, 1995 (item #2 above), all represented classifications shall receive a one percent (1%) salary increase effective July 1, 1995. OR under similar circumstances, if fiscal year 1994/95 combined revenues reach or exceed $16,685,000, as of June 30, 1995, in addition to the across the board increase effective July 1, 1995 (item #2 above), all represented classifications shall receive an additional two percent (2%) salary increase effective July 1, 1995. In the event of combined revenues falling below the level of $16,285,000, as of June 30, 1995, the City has the right and may need to implement the existing Furlough Program. If this occurs the City shall consult with M.A.P.E. prior to the implementation of MTO. 4. Both parties agree to develop and conduct an advisory joint salary survey in 1996, prior to the expiration of this M.O.U. (the details of which such as information to be included, cities, etc. are to be worked out immediately prior to undertaking the project). ARTICLE 2.2. Step Increase 2.2.1. Entry Level Step. All initial employment shall be at the first step of the salary range, provided that the City Manager may make an appointment to a position at an appropriate higher salary when, in his/her opinion, it is necessary to obtain qualified personnel, or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. Page 4 of 37 2.2.2. Consideration for Step Increase. An employee may be considered for a salary step increase in accordance with the time interval established in the salary plan, as referenced in Exhibit "A". which, unless otherwise noted, salary step increases within established salary ranges are scheduled at yearly intervals. Advancement to a higher salary step within an established salary range is granted for continued improvements and efficient and effective work by the employee in the performance of his/her duties. 2.2.3. Merit Increases. Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Department Head and approved by the City Manager. Employees at the maximum step of their salary range may be granted a merit performance step increase of five percent (5%) above and beyond their salary range. A merit step increase may be effective for up to one (1) year. A merit step increase may be withdrawn and is not a disciplinary action and is not appealable. 2.2.4. Anniversary Date. Effective 1-1-89, the anniversary date for employees promoted on or after this date shall remain unchanged. Based upon job performance, as measured by a Performance Evaluation, employees may receive consideration for a step increase within their salary range on their anniversary date. 2.2.5. Promotions. Employees promoted to higher level positions shall be placed at the step in the new salary range that will provide, at a minimum, a five (5%) increase (unless that would exceed the top step in the salary range). 2.2.6. Performance Evaluation. Prior to the completion of the probationary period, a minimum of one performance evaluation report shall be reviewed with the employee. Upon completion of the probationary period, a performance report shall be prepared and reviewed yearly thereafter for each employee in the Classified Service, as a means of determining whether in -grade salary increases are merited, and/or as a means of improving employee performance and communication between supervisors and subordinates. ARTICLE 2.3 SALARY CHANGE ON RECLASSIFICATION If an occupied position is reclassified the incumbent shall be affected as outlined below: 2.3.1. To a lower classification. when a position is reallocated to a lower classification. The incumbent is either: 1. Transferred to a vacant position in the former classification; or Page 5 of 37 2. If the incumbent's current salary is greater than the top step of the lower classification, Y -rated at the current salary until the salary of the lower classification is at or above the Y -rate. 2.3.2. To a different classification with the same salary range. When a position is reallocated to a different classification with the same salary range, the incumbent shall be granted the same status in the new classification, in which he/she shall be paid at the same step of the range and shall maintain the same salary rights. 2.3.3. To a higher classification. When a position is reclassified to a classification with a higher salary range, the incumbent is moved into the higher classification with the position, except in the circumstances prescribed below. Placement in the salary range shall be in accordance with the appropriate memorandum of understanding. If the duties upon which the reclassification are based could have been assigned to any of a number of employees in that classification within the division or department, then a promotional exam is held for the reclassified position. Such an exam is a departmental only recruitment limited to employees within that classification. If the incumbent is not successful in this competitive process, she/he is assigned to the position vacated by the promotion. ARTICLE 2.4. COMPENSATION PLAN. The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, steps and any other special circumstances or items related to the total compensation paid employees. 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 Appointing Authority, a position at an appropriate higher salary when, in his/her opinion, it is necessary to obtain (ing) qualified personnel or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. Page 6 of 37 ARTICLE 2.5. PAY PERIOD City employees are paid twice per month on the 15th and the last working day of the month. When a holiday falls on a pay day, the pay day will be transferred to the following day of regular business unless the Finance Department is able to complete the payroll by the previous work day. The method of the distributing payroll shall be established by the Director of Finance. ARTICLE 2.6 PROBATIONARY PERIOD 2.6.1. Purpose of Probation. After passing an examination and accepting appointment, each employee shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position. 2.6.2. Length of Probationary Period. The probationary period on original and promotional appointment shall be for one(1) year. 2.6.3. Rejection During Probation. During the probationary period an employee may be rejected at any time by the Appointing Authority without the right of appeal. 2.6.4. Notification of Rejection. On determining that a probationary employee's work is not satisfactory, the Appointing Authority shall notify the Personnel Officer in writing of his/her intention to terminate the employee. After discussion with the Personnel Officer, the Appointing Authority shall notify employee in writing of his/her rejection. 2.6.5. Extension of Probationary Peri,�,,d. The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 2.6.6. Regular Status. Regular status shall commence with the day following the expiration date of the probationary period. 2.6.7. Promotion of Probationary Employee. An employee serving a probationary period may be promoted to a position in a higher position classification provided he/she is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date. 2.6.8. Unsuccessful Passage of Promotional Probation. An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion. Page 7 of 37 Provided, however, that if the cause for not passing the promotional probationary period was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. 2.6.9. Lateral Transfer Probation. Vcluntary transfers to another job classification, within the same salary range, shall require a six (6) month probationary period. In the event of unsuccessful passage of this period refer to 2.6.8. ARTICLE 2.7. SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS 2.7.1. Out -of -Class Compensation. Employees assigned in writing by their supervisor to perform work in a higher paid classification, shall be compensated at a rate 5% greater than the employee's current base salary or the lower step of the classification within which the duties fall, whichever is greater after a cumulative three (3) days of work in that higher paid classification. The out -of -class increase shall be retroactive to the first day of the assignment. 2.7.2 Bilingual Pay Differential. 1. Within the Librarian I/II classification, the Library Director shall establish one position eligible to receive$50.00 per month Bilingual Pay Differential. This bilingual pay shall become effective the first payroll period after the designated employee takes and passes an approved proficiency examination. 2. The employee must be certified as sufficiently fluent in a language deemed to be of work value to the Library as determined by the Library Director and approved by the City Manager. 3. Fluency certification may be obtained by either passing a department approved proficiency test or submitting a current (no more than one year old) certificate of satisfactory proficiency/fluency from a department approved agency or school. It is agreed that annual recertification of fluency is required to continue receiving the Bilingual Pay Differential. 4. Fluency in more than one foreign language does not entitle an employee to more than one $50.00 per month differential. Page 8 of 37 CHAPTER 3. BENEFITS ARTICLE 3.1. HEALTH AND WELFARE 3.1.1. City Contribution. A base level of $240/month will be established as the City's contribution toward City offered health insurance premiums for both active and retired employees (employees retiring on or after 9-15-90). Active employees will have a Flexible Spending Account equal to $170/month, that may be used to pay for excessive, over the $240 base level, employee cost(s) to enroll in City offered group Accident, Life and Disability insurance plans. Selection of coverage must include the $5,000 basic group life insurance program and the employee's basic health plan (unless employee can provide proof of other health insurance coverage). 3.1.2. Pay Back Provision. For active employees, the difference between the allotted amount (base level and Flexible Spending Account) and the cost of the City -offered Health, Accident, Life and Disability insurance plans will be paid back to the employee up to a maximum payback of $50/month. 3.1.3. Retirees Health Insurance. Any employee who retires after July 1, 1985 and before 9-15-90, is entitled to a medical benefit and the City's contribution to such coverage that will not exceed the cost of the two party rate of the mean of the two middle cost medical plans. Employees retiring on or after 9-15-91 and within 120 days of leaving City employment shall receive a $240 per month contribution toward the cost of the health insurance plan they are enrolled in through the City. There are no pay back provisions for retirees. 3.1.4. 125 Plan. The City will offer a 125 Plan for excess health insurance premiums as long as such a plan is desired by M.A.P.E. and possible under the IRS code. 3.1.5. Pro Rata Benefit Rules. Employees covered by this Agreement who work less than full time but more than twenty (20) hours per week on a regular basis shall be eligible to receive prorated leave benefits and a prorated contribution (from base amount) by the City for health, life and dental benefits which they may be eligible for based upon the hours worked. ARTICLE 3.2. DENTAL INSURANCE The City will provide a dental insurance program which offers 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible costs associated with crown and cast restoration per Page 9 of 37 patient per calendar year and orthodontic coverage for eligible dependents (50/50). ARTICLE 3.3. JOINT BENEFIT COMMITTEE Both parties agree to continue to utilize the Joint Benefits Committee for ongoing review of benefit programs, cost containment and cost savings options. The Committee shall be made up of representatives of the Miscellaneous, Supervisory, Police, Fire and Management employees. Both parties to this agreement have elected to meet and confer, after the adoption of the Memorandum of Understanding, to allocate the benefits portion of this settlement. For fiscal year 1994/95 it is determined that $16,548 is allocated for benefit enhancements. Initial thoughts on benefit enhancements include an increase in cash back and an enhancement in the dental plan's maximum calendar year benefit, ie from $1,000 to $1,500. For fiscal year 1995/96 it is estimated $11,000 is available for benefit enhancement. Initial thought on this benefit enhancement is a change in the vacation accrual to a method like that provided to Management/Mid-Management employees. ARTICLE 3.4. STATE DISABILITY INSURANCE (S.D.I.) Employees will have the full premium cost for S.D.I. coverage automatically deducted from their pay check and no City contribution will be made toward participation in the plan. It is incumbent upon the employee to keep the City advised of their medical status and eligibility for S.D.I. With this notification, S.D.I. benefits, as determined by the State, shall be integrated with accrued sick and vacation leave in the following manner: 1. Employee notifies supervisor of disability and need for time off. At the same time employee filesfor S.D.I. through the State Office. 2. Supervisor verifies from leave records the employee's accrual balances and projects whether or not employee would, under normal circumstances, be placed in a leave without pay status during the time off period. 3. Personnel Action Form (PAF) is completed by the supervisor to document request and approval of extendedleave. 4. Personnel Office, on receipt of PAF, contacts employee and supervisor to discuss availability of coordination of S.D.I. with leave benefits. Page 10 of 37 5. Employee's time off is recorded as sick leave and if necessary then vacation leave on time cards submitted by the supervisor to the Payroll Office. 6. On receipt of the S.D.I. checks employee endorses the checks over to the City of San Rafael. 7. Based upon employee's hourly rate of pay the Payroll Office computes how much used sick and/or vacation leave time the employee may buy back and credits the employee with those hours. NOTE: The employee may not buy back more than accrued at or during the time of the disability. 8. The Personnel Office, after notification from Payroll, notifies the employee when they have used all accrued sick and/or vacation time and when leave without pay status (LWOP) begins. Once the employee is on LWOP they would keep any S.D.I. checks received and would be fully responsible for the monthly health, dental and life insurance premiums if they chose to remain in the group plans. ARTICLE 3.5. RETIREMENT 3.5.1. City Contribution. The City will pay up to a maximum of five percent (5%) of an employee's salary or fifty percent (50%) of the employee's retirement contribution rate, whichever is less, to the Marin County Retirement System. 3.5.2. Contribution with Pre-tax Dollars. The City of San Rafael acknowledges that under its current practice, the employee's share of their retirement contribution is deducted with pretax dollars. This practice will continue until changed through the Meet and Confer process or until IRS regulations change. ARTICLE 3.6. SICK LEAVE 3.6.1. Eligibility: Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at an employee's discretion, but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or department head according to department Rules and Regulations at the beginning of his/her daily duties. Every employee who is absent from his/her duties for two (2) consecutive work days shall file with the Personnel Director, a physician's certificate or the employee's personal affidavit stating the cause of the illness or disability. 3.6.2. Accumulation: All eligible full time employees shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave Page 11 of 37 may be accumulated to an amount not to exceed one hundred sixty- five (165) working days. The sick leave accrual rate is prorated for eligible part time employees. Effe^_tive 7-1-90, the cap on sick leave accrual, 165 days, is eliminated for accrual purposes only. The cap remains in effect for sick leave separation payoff purposes for those hired before 10-1-79. 3.6.3. Use of Sick Leave: An employee may use accrued sick leave during their probationary period. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: 1. Personal illness or illness within the immediate family (family member means an employee's spouse and any unmarried child, including adopted child, a stepchild, or recognized natural child who lives with the employee in a regular parent-child relationship), or physical incapacity resulting from causes beyond the employee's control; or 2. Enforced quarantine of the employee in accordance with community health regulations. 3. Medical appointments that cannot be scheduled during non -working hours shall be charged to sick leave. 3.6.4. Advance of Sick Leave: Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who has been granted sick leave that is unaccrued at the time of such separation shall reimburse the City of all salary paid in connection with such unaccrued leave. 3.6.5. Compensation For Unused Portion. Upon termination of employment by resignation, retirement or death, a regular employee who leaves the City service in good standing and who was employed in the Miscellaneous unit before October 1, 1979, shall receive compensation for all accumulated unused sick leave based upon the rate of three percent (3%) fox each year of service, to a maximum of fifty percent (50%). 3.6.6. Sick Leave Incentive. 1. Sick Leave Incentive Program: (Applicable to those employees hired after October 1, 1979): Absence Rate 07/01-06.30 NONE 01-16 hours 17-24 hours Incentive 8 hours of pay 6 hours of pay 4 hours of pay Page 12 of 37 ARTICLE 3.7. VACATION LEAVE 3.7.1. Eligibility. Annual vacation with pay shall be granted each eligible employee. Vacation leave accrued shall be prorated for those employees working less than full time. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the department head. 3.7.2. Rate of Accrual. Vacation benefits shall accrue during the probationary period. Each regular full time employee shall commence to accrue vacation at the following rate for continuous service: 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 6.25 hours 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 9.375 hours per month. From the beginning of the eleventh (11th) year of service through the fifteenth (15th) year, twenty (20) working day of vacation per year. Such entitlement shall accrue at the rate of 12.5 hours per month. From the beginning service and beyond, vacation per year. the rate of 15.625 of the sixteenth twenty-five (25) Such entitlement hours per month. (16th) year of working days of shall accrue at 3.7.3. Administration of Vacation Leave. The City Manager, upon the recommendation of the department head, may advance vacation credits to any eligible employee. Vacation days may be carried forward only after approval has been secured from the department head and the City Manager. The amount carried forward shall not exceed the annual vacation allotment for the individual. No employee may annually carry forward in excess of five (5) days of his/her annual earned vacation and in no case may he/she have accumulated at the close of any calendar year (December 31) total accumulated days in excess of thirty (30); however, on certain occasions, for the convenience of a department, the City Manager may extend said accrued vacation leave at City Manager's discretion. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, shall be determined by employee's department head with particular regard Page 13 of 37 for the needs of the City but also, insofar as possible, considering the wishes of the employee. In the event that one or more City holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. 3.7.4. Vacation Cash In. An employee, who has taken at least ten (10) days vacation in the preceding twelve (12) months, may request in any fiscal year that accrued vacation, not to exceed seven (7) days, be converted to cash payments and the request may be granted at the discretion of the City Manager. Employees can not cash in more than seven (7) days of vacation in any one twelve (12) month period. ARTICLE 3.8. HOLIDAYS 3.8.1. Paid Holidays. All employees who are required to work on a day designated as an authorized holiday, other than a day on which an election is held throughout the state, shall be paid at the applicable rate of pay for the number of hours actually worked. When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed. The following holidays will be observed: January 1st: New Year's Day The third Monday in January: Martin Luther King Day The third Monday in February: Washington's Birthday The last Monday in May: Memorial Day July 4th: Independence Day The first Monday in September: Labor Day November 11: Veteran's Day The fourth Thursday of November: Thanksgiving day The fourth Friday of November: Day after Thanksgiving December 25th: Christmas Day A holiday will also be granted on every other day appointed by the Governor for a holiday or day of mourning. In addition to designated holidays, employees in this Unit receive two (2) floating holidays. Floating holidays not used are added to employee's vacation balance. ARTICLE 3.9. OTHER LEAVES 3.9.1. Bereavement Leave. In the event of the death of an employee's spouse, child, parent, brot'i-er, sister, in-laws, Page 14 of 37 relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to three (3) days within the State and up to five (5) days out-of-state may be granted for bereavement leave. In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the department head as part of the request for bereavement leave. 3.9.2. Military Leave. Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the appointing authority an the department head an opportunity, within the limits of military regulations, to determine when such leave shall be taken. 3.9.3. Leave of Absence Without Pay. Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Accrued vacation leave must be exhausted prior to the granting of leave without pay. 3.9.4. 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 a' ---,sent from duty with pay until such time as they are able to return to duty or some other final disposition is made of their case; provided, however, compensation leave payments shall not exceed the following limitations: Compensation leave payments shall not exceed the employee's regular full pay for the first three (3) calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months. Worker's compensation checks due the employee will be made payable to the City of San Rafael and the Page 15 of 37 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. 3.9.5. 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 Appointing Authority and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty. 3.9.6. Safety Holiday. A Safety Holiday Incentive Program is established for maintenance employees. Employees will be placed in one of three units. The units are: (1) Parks; (2) Streets; and (3) Sewers, Garage, Building Maintenance, and Recreation Custodians. For part-time employees in these units who are eligible for benefits, the holiday will be pro -rated. If all employees of a designated unit complete six (6) months without a work-related injury or illness resulting in one full day of lost time, a Safety Holiday will be granted to all employees of that unit with prior Supervisory approval. 3.9.7. Family Medical Leave. Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to employee's Department Head for approval and reviewed by the Personnel Director for consistency with the law prior to approval. Employees approved for this type of leave must use appropriate accrued and unused vacation leave and/or compensatory time before going on leave without pay status. Accrued and unused sick leave may be used if appropriate and requested. Sick leave usage is to be consistent with sick leave provisions of the M.O.U. To be eligible for this family leave benefit, an employee must have worked continuously for the City of San Rafael for at least 12 months. An eligible employee may use family medical leave: for the birth or placement of a child for adoption or foster care; to care for an immediate family member (spouse, child or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition. An employee shall be entitled to twelve (12) weeks leave of absence which need not be consecutive, subject to the conditions indicated herein and the law. Page 16 of 37 If the employee's spouse is employed by the City, the total time allowed for family medical 1•F!ave shall be twelve (12) weeks in any one calendar year. The City shall continue to provide paid coverage of health benefits for the duration of the approved leave of absence. 3.9.8. Personal Leave. Up to two (2) days of Personal Leave per fiscal year shall be granted to Supervisory Unit employees, with prior supervisory approval. Employees must submit leave requests two (2) weeks in advance. Unused Personal Leave does not carry over and cannot be cashed out. CHAPTER 4 TERMS AND CONDITIONS ARTICLE 4.1. WORK WEEK The WORK WEEK will reflect a thirty-seven and one-half (37 1/2) hour work week and a work day of seven and one-half (7 1/2) hours for all represented job classes in this Agreement and all accruals and usages in the contract will reflect a seven and one- half (7 1/2) hour work day. ARTICLE 4.2. OVERTIME Shall mean actual time worked beyond thirty-seven and one-half hours per week. A work or duty week shall be defined as seven (7) consecutive calendar days. Overtime is compensable to the nearest half hour, and must have prior authorization and approval of the Department Head. (See Attachment "C" for clarification). ARTICLE 4.3. COMPENSATORY TIME POLICY With the department head's approval, compensatory time, in lieu of overtime pay, may be taken subject to the following rules: 4.3.1. Accrual Limit. Upon accrual of time, five (5) days or forty (40) hours of compensatory time, employees shall be paid overtime at a rate of time and one-half of their base salary rate for hours worked and may not accrue additional compensatory time. 4.3.2. Overtime Rate. Employees who work overtime may be paid for it at the rate of time and one-half or may accrue compensatory time at a rate of time and one-half subject to the limitations in 4.3.1. Employees who elect compensatory time must take the time off, preferably within the quarter during which it was earned, and shall not be paid for it. 4.3.3. Use & Carryover. All compensatory time earned during the fiscal year must be used by June 30th of that year with one exception. Upon the recommendation of the supervisor and approval of the department head, employees may carry over up to Page 17 of 37 forty (40) hours of compensatory time provided it is taken within the following quarter (7-1 to 9-30). 4.3.4. Duty -Free Lunch. Supervisory personnel who cannot take a duty-free lunch, based upon direction from either the department head or division head, will be credited straight compensatory time. Time off shall be subject to the existing policies on compensatory time. ARTICLE 4.4. CALL -HACK DUTY When a supervisory employee who is not assigned to standby is called back to duty, said employee will receive compensation for a minimum of four (4) hours. ARTICLE 4.5. TRANSFERS / REASSIGNMENTS 4.5.1. Types of Transfers. Transfers may be within the same department (intra -departmental) or between departments (inter- departmental). The requirements for each are as follows: a. Intra -departmental transfers. The Appointing Authority shall have the authority to transfer an employee from a position in one division of a department to a position in the same or similar classification with the same salary range, in the same division or to another division of the same department. (at any time and for any duration). b. Inter -departmental transfers. An employee may transfer from a position in one (1) department to a position in the same or similar classification in another department, provided the consent of the two Appointing Authorities and the City Manager is obtained. C. voluntary Transfers. An employee may make a written request for transfer to the Personnel Officer to a position in the same or similar classification with the same salary range. Such a transfer may be made on the recommendation of the affected Department Head(s) and the approval of the City Manager. 4.5.2. Minimum Qualifications. Any persons transferred to a different position shall possess the minimum qualifications for the position. 4.5.3. Transfer Procedures. The City Manager may authorize the transfer of an employee from one position to another of the same or comparable class of work and where the same general type of examination is given for entrance to such a position. Transfers from one department to another department having a different jurisdiction or different function shall be done only with the consent of the Department Heads, involved, unless such a Page 18 of 37 transfer is ordered by the City Manager for purpose of economy or efficiency. Any person transferred to a different position shall possess the minimum qualifications for the position. Employees who have completed their initial probation may seek voluntary transfers to positions within the same job class, and/or lower level job classes as long as the employee meets the minimum qualifications for the position. Employees seeking transfer should submit a completed application to the Personnel Office. As vacancies occur, transfer candidates may receive consideration along with those on the eligibility list. ARTICLE 4.6. EDUCATION REIMBURSEMENT PROGRAM The Educational Reimbursement Program is $225 per fiscal year. This reimbursement is available to employees who have satisfactorily (grade of C or better, Pass or Complete) completed a course or courses that are predetermined to be job- related and/or that will assist the employee to prepare for career advancement in his/her field. To be eligible, employees must have completed probation at the time of the reimbursement which is made at the end of the semester. The Educational Reimbursement Program will accommodate reimbursement of up to $100 per fiscal year for professional membership dues for work-related organizations for employees in the "Administrative", "Professional", or "Library" sections of the Supervisory Bargaining Unit. Prior supervisory approval is necessary to be eligible for reimbursement. The total reimbursable amount remains at $225 per fiscal year. ARTICLE 4.7. UNIFORM ALLOWANCE 4.7.1. Sewer and Garage Employees Uniform Maintenance Program. Uniform shirts, pants and coveralls will be provided and laundered for the maintenance employees of the Sewer and Garage work units. 4.7.2. Uniform Allowance. Maintenance employees in Parks, Streets, and Building Maintenance who must wear uniforms shall receive a uniform allowance in the amount off $157.50 at the completion of each six (6) months of service ending June 30th and December 31st. A pro -ration at the rate of $26.25/month may be given with the recommendation of the department head and the approval of the City Manager. The uniform allowance includes foul weather gear. Uniforms and gear must be in accordance with the departmental dress code and safety requirements. A safety shoe allowance of $85.00/year will be provided to all Corporation Yard employees. Page 19 of 37 The allowance for boots and rain gear for Sewers and Garage maintenance employees (who are not covered by paragraph # 1 of 4.7.2.shall be $130.00/year. Payment shall be made on December 31st. 4.7.3. Uniform Jacket Cleaning Allowance. The Sewer Maintenance Supervisor will receive a uniform jacket cleaning allowance of $60.00 at the completion of each six (6) months of service ending June 30 and December 31. A pro -ration of $10.00 per month may be given with the recommendation of the department head and the approval of the City Manager. ARTICLE 4.8. SAFETY The City of San Rafael is committed to providing a safe and healthy place to work. The City shall furnish safety devices and safeguards, and shall adopt and use methods and processes adequate to ensure that the work place is safe and healthy. Employees are expected to obey safety rules and make proper use of safety gear and equipment. The City's safety policies and procedures shall comply with all applicable state laws related to a safe work environment. 4.8.1. Hazardous Materials. Maintenance employees in the MAPE unit will be provided with the necessary training associated with what is termed first responder awareness level. First responders at this level (awareness only) are those who are likely to witness or discover a hazardous substance release and who have been trained to initiate an emergency response oT3erations level. "Awareness" individuals take no action beyond notifying the designated authorities of the release. The Deputy Fire Marshal is the Hazardous Material Coordinator in San Rafael. It is understood and agreed by both parties that maintenance employees in this MAPE unit do not have any responsibility to clean up, mitigate or otherwise dispose of hazardous materials. The Fire Department personnel and/or contract personnel have the direct responsibility of dealing with hazardous materials. Maintenance employees of this MAPE unit do have direct responsibility to handle (clean up, mitigate, transport, dispose of, etc.) petroleum products such as diesel fuel gasoline, drain oil, and the like. ARTICLE 4.9. MISCELLANEOUS 4.9.1 Confidential Nature of Personnel Records. All personnel records and files and examination materials are confidential. The Personnel Officer shall take all necessary steps to protect the confidentiality of those materials. Disclosure of such records shall be governed by the Public Records Act, Government Code Sections 6250, et.seq. Individual employees may review their official personnel file maintained by the Personnel Office and/or respective appointing authority. With the written consent Page 20 of 37 of the employee, the authorized representative of the recognized employee organization may also review that personnel file. 4.9.2 Confidential Nature of Medical Records. All medical records and files are the property of the City of San Rafael. These confidential records and files are to be maintained in a file separate from the employee's personnel file in the Personnel Office. Disclosure of such records shall be governed by the Public Records Act, Government Code, Section 6250, et.seq. 4.9.3. Outside Employment. All regular employees are prohibited from employment outside of their City positions without prior notice to the Appointing Authority. Approval may be denied by the Appointing Authority when there is sufficient documented reason(s) to believe a conflict exists and after consultation with the Union and the affected employee(s). 4.9.4. Gratuities/Solicitation of Contributions. Shall be governed by the City's Personnel Rules and Regulations. 4.9.5. Return of City Equipment. Upon termination of employment, all tools, equipment, and other City property assigned to an employee shall be returned. 4.9.6. Political Activity. The political activity of City employees shall comply with pertinent provisions of State and Federal Law. 4.9.7. Employment of Relatives. Shall be governed by the City's Personnel Pules and Regulations. 4.9.8. Use of City vehicles. Public Works Supervisors, at the direction of the department head, will be allowed to take a City vehicle home in emergency conditions. 4.9.9. Labor/Management Meetings. During the term of the Agreement, the City and the Union agree that consultation meetings may contribute to an improved employer-employee relations. Issues relating to the usage of volunteers, promotional opportunities and the implementation of safety programs will serve as a basis for initial agenda items to be discussed and acted upon. The committee shall be comprised of three (3) representatives from the Miscellaneous and Supervisory Units and three (3) from City Management as well as the MAPE/SEIU Field Representative and the Director of Personnel. The parties agree that committee members may change depending on the subject matter. Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting. It is intended that the subject matter Page 21 of 37 will not include issues subject to Article 5.4. Grievance Procedures. 4.9.10. Contract Orientation Work Sessions. The City and the Union agree that the individuals having responsibility for the enforcement of the Agreement, Union Stewards and Department Heads/Supervisors shall participate in an Annual Contract Orientation Work Session for the purpose of obtaining a better understanding of the provisions of the contract. These work sessions shall be held on City time and facilities. 4.9.11. Personnel Rules and Regulations. The Union agrees to accept the revision to the City's Personnel Rules and Regulations dated April 20, 1991. CRAPTER 5 PROCEDURES ARTICLE 5.1. DEMOTION AND SUSPENSION 5.1.1. Demotion. The Appointing Authority may demote an employee when the following occurs: (A) The employee FAILS to perform his/her required duties. (B) An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. When the action is initiated by the Appointing Authority, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy filed with the Personnel 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 Article 5.3, "Disciplinary Action." 5.1.2.Suspension. The Appointing Authority may suspend an employee from a position at any time for a disciplinary purpose. Intended suspension action shall be reported immediately to the Personnel Officer, and shall be taken in accordance with Article 5.3, "Disciplinary Action". ARTICLE 5.2. TERMINATION OF EMPLOYMENT 5.2.1. 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 Page 22 of 37 reason for leaving. A copy of the resignation shall be forwarded to the Appointing Authority and Personnel Office. 5.2.2. Termination Layoff. The Appointing Authority may terminate an employee because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work for which employment was made. 5.2.3. Termination - Disciplinary Action An employee may be terminated at any time for disciplinary action, as provided in Article 5.3, "Disciplinary Action." 5.2.4.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. 5.2.5. Rejection During Probation. An employee may be terminated from their position during the probationary period of their initial appointment to the City's classified service without Right of Appeal. ARTICLE 5.3. DISCIPLINARY ACTION 5.3.1. Right to Discipline and Discharge. Upon completion of the designated probationary period an employee shall be designated as a non -probationary employee and the City shall have the right to discharge or discipline any such employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging during the term of this Memorandum of Understanding, in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. The City shall use progressive disciplinary steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to justify termination. Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and suspension resulting in loss of pay. In addition, the City may discipline or discharge an employee for the following: Fraud in securing appointment; negligence of duty; violation of safety rules; unacceptable attendance record including tardiness, overstaying lunch or break periods; possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours; inability, unwillingness, refusal or failure to perform work as assigned, required or directed; unauthorized soliciting on City property or time; conviction of a felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward (mistreatment of discourteousness to) the general public or fellow employees or officers of the City; falsifying employment application Page 23 of 37 materials, time reports, records, or payroll documents or other City records; misuse of City property; violation of any of the provisions of these working rules and regulations or departmental rules and regulations; disorderly conduct, participation in fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action; failure to perform to an acceptable level of work quality and quantity; insubordination; other acts inimicable to the public service; inability or refusal to provide medical statement on cause of illness or disability. 5.3.2. Preliminary Notice. A non -probationary employee shall receive a preliminary written notice from the employee's Department Head of any proposed disciplinary action that involves the loss of pay. The notice must contain a specific statement of charges or grounds upon which the proposed disciplinary action is based and the date the disciplinary action will be effective. Any known written materials, reports or documents upon which the disciplinary action is based must be attached to the notice. Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in writing to Step 3 of the Grievance Procedure. If a written appeal is filed, no disciplinary action shall be imposed until the City Manager has conducted a hearing with the employee and employee's representative present and having heard the response of the employee. If no written appeal is filed within five (5) days, the employee shall be deemed to have waived his right to proceed to Step 4 of the Grievance Procedure. 5.3.3. Disciplinary Action and Appeal. After hearing the response of the employee the City Manager may order that the proposed disciplinary action or modification thereof be imposed. Thereafter, the employee shall notify the City within ten (10) days that the matter is appealed to Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in accordance with the Grievance Procedure. 5.3.4. Sexual/Racial Harassment. Sexual/Racial harassment of one employee by another is cause for disciplinary action including the possibility of immediate discharge. Sexual harassment is defined as including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. Page 24 of 37 Racial harassment is defined as including but not limited to verbal, or physical conduct of a racial nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. ARTICLE 5.4. GRIEVANCE PROCEDURE. 5.4.1. Definitions. (1) Grievance is a dispute which involves the interpretation or application of any provision of this Memorandum of Understanding. All ordinances, resolutions, rules and regulations, which are not specifically covered by the provisions of this Memorandum shall not be subject to the Grievance Procedure. (2) Day shall mean any that the City office is open for business, excluding Saturdays, Sundays and the holidays recognized by the City. (3) Grievant may be an individual employee or a group of employees or the Union on the behalf of a group of employees or the Union on its own behalf on matters involving the City and Union relationship. (4) Time limits begin with the day following the event causing the grievance or the day following receipt of a grievance decision. 5.4.2. Procedure. Step 1. Within seven (7) days of when the grievant knew or should have known of the act or omission causing the grievance the grievant shall present either in writing or verbally a clear and concise statement of the grievance to the immediate supervisor. Within five (5) days thereafter the immediate supervisor shall investigate and respond to the allegations of the grievant. Step 2. If the grievant is not satisfied with the resolution at Step 1 the grievant must reduce the grievance to writing and present it to the Department Head within five (5) days. The written grievance shall contain a statement of facts about the nature of the grievance, and shall identify the specific provisions of this Page 25 of 37 Memorandum of Understanding alleged to be violated, applicable times, places and names of those involved, the remedy or relief requested, and shall be signed by the grievant. The Department Head shall confer with the grievant and within ten (10) days respond to the allegations in writing. Step 3. If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five (5) days appeal the matter to the City Manager. The City Manager shall investigate the matter, conduct a hearing if the City Manager deems it appropriate and within ten (10) days, thereafter, respond to the allegations in writing. Step 4. If the grievance remains unresolved after Step 3, the Union may, by written notice to the City Personnel Office within ten (10) days after the receipt of the response in Step 3, notify the City that the Union wishes to appeal the grievance to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Conciliation Service of nine (9) names. Each party shall then alternately strike a name until only one (1) name remains, said person to be the arbitrator. The order of striking shall be determined by the flip of a coin. 5.4.3. Arbitration. The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by the parties. The hearing shall be informal and need not be conducted according to technical rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as any procedural matters, and he/she may call, recall and examine witnesses as he/she deems proper. The burden of proof shall be upon the Union in grievance matters and upon the City in disciplinary/discharge matters. After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed upon by the parties, the arbitrator shall render a written decision which shall be final Page 26 of 37 and binding upon the City, the Union and any employee(s) involved in the grievance or disciplinary matter. The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any provision of this Memorandum of Understanding. The arbitrator shall only determine whether a grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall be, or in the case of disciplinary/discharge matter whether the City allegations are accurate and the appropriateness of the disciplinary penalty. The fees and expenses of the arbitrator shall be shared equally by the Union and the City. All other expenses shall be borne by the party incurring them. The cost of the services of court reporter shall be borne by the requesting party unless there is a mutual agreement to share the cost or unless the arbitrator so requests. Then the costs will be shared equally. 5.4.4. General Provisions. (1) Employees who participate in the Grievance Procedure, by filing a grievance or acting as a witness on the behalf of either party shall be free from discrimination by either the Union or the City. (2) A grievant has the right to be represented at each stage of the procedure, to cross examine witnesses, and have access to all information regarding the basis of the grievance upon which the City relies in making its determinations. (3) If the City management fails to respond within the specified time limits, the grievance shall, at the request of the Union, automatically be moved to the next step of the procedure. If the Union or a grievant fails to process or appeal a grievance within the specified time limits, the matter shall be deemed settled. The parties may by mutual agreement waive the steps in the procedure. (4) If a hearing is held during work hours of employee witnesses, such employees shall be released from duties without loss of pay or benefits to appear at the hearing. Witnesses requested by the parties shall be compelled to attend said hearings. (5) The Personnel office shall act as the central repository for all grievances. Page 27 of 37 (6) Time limits contained herein may be extended by mutual agreement of the parties. Absence for bona fide reasons by a grievant, the Union Executive Secretary or any management official involved in responding to the grievance shall automatically extend the time limits by the same number of days of absence. ARTICLE 5.5. POSITION RECLASSIFICATION PROCEDURE The process by which an individual position may be audited to review the appropriateness of its classification is: 5.5.1. Purpose. This administrative procedure shall establish consistent guidelines for the creation and/or review of a position's job classification. 5.5.2. Policy. The City of San Rafael seeks to maintain a classification system and process whereby all positions are accurately classified on the basis of current and ongoing job responsibilities officially assigned to said position(s). 5.5.3. Creation of New Position. The Appointing Authority or their designee may during the budget process request the creation of a new job classification by: 1. Completion of prescribed personnel form(s) and a position description questionnaire form. 2. Completed forms shall be submitted to the City of San Rafael's Personnel Office. 3. Personnel Office staff shall within 60 calendar days of receipt of the forms complete a formal audit of the proposed job class and prepare a written report. 4. The written report shall be submitted to the City Manager and the City Council for final approval. 5. Creation of a new job classification shall be effective with the start of the new fiscal year. 5.5.4. Reclassification. The Appointing Authority or their designee or an incumbent of a position may request, in writing, a classification review. This classification review may be requested if the position has not been reviewed within the previous twelve (12) months and either permanent and substantial changes have been made in the duties a --:d responsibilities assigned to the position or there is evidence that the majority (50% or more) of the work being performed is not appropriate for the position's current classification. 1. All requests for reclassification must be submitted to the Personnel Office on prescribed personnel form(s) by the Appointing Authority. Reclassification requests must be Page 28 of 37 accompanied by a current job description approved by the position's immediate supervisor and Appointing Authority. 2. Employee initiated reclassification requests must first be directed to the employee's Appointing Authority. The Appointing Authority shall forward the employee's request to the Personnel Officer within ten (10) days of receipt. 3. The Personnel Officer shall ensure the review (audit) of the employee's position is completed within sixty (60) calendar days of receipt of the request in the Personnel Office. 4. Based upon the analysis and evaluation of a position, the ersonnel Office reviewer may recommend that the position be sustained in its current class or be reclassified (up or down) to the proper classification based upon the assigned work. The City Manager or their designee shall review all reclassification recommendations made by the Personnel Office. 5. Within ten (10) days of receipt of the written audit decision the affected employee(s) may, in writing, submit a request for review of this decision to the City Manager. This request for review must show substantial error and/or omission on the part of the auditor. The City Manager may render a decision on the appeal on the basis of the written material or may interview the involved parties to discuss the specific error or omission prior to rendering a decision. 6. The City Manager shall have final decision making authority on all reclassification. 7. Reclassification shall be effective the first of the month following final approval of the action. Any changes of pay as a result of the reallocation shall be in accordance with the City's Personnel Rules and Regulations in effect at the time. ARTICLE 5.6. Furlough Program Both the City of San Rafael and M.A.P.E. recognize the current economic condition of the State of California and the City of San Rafael. Through this recognition and in a cooperative spirit the City of San Rafael and M.A.P.E. have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael, the procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO). Page 29 of 37 5.6.1. Voluntary Time Off (VTO). The needs of the City and the respective departments (as determined by the Department Head and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO. 1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year. 2. An employee selecting VTO would receive one half hour of furlough induced Personal Leave time off for every hour of VTO taken not to exceed the number of furlough induced Personal Leave time off and employee scheduled for MTO would receive (establishes a maximum cap of 50). This furlough induced Personal Leave time is to be taken as described in 5.6.2 (4.b.). 3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department. 5.6.2 Mandatory Time Off (MTO). MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Head and City Manager) and after consultation with the union. The City will attempt to schedule MTO time in blocks of days (between Xmas and New Years) or individual days next to scheduled holidays and/or weekends. 1. Employees may not take paid vacation time in lieu of designated MTO time. 2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time, MTO time will impact Marin County Retirement System contributions; but if the Marin County Retirement System changes its policy on this, the City will, effective the first of the month following notice from the Marin County Retirement System, make the necessary change in the program's administration to correspond with the change in the policy. Any employee who notifies the City no later than 07-30-93 of their retirement date and retires from the Marin County Retirement System during FY 93-94, shall be exempted from the MTO requirements. If said employee did not retire during FY 93-94 as stated, said employee would be docked in pay, an amount equivalent to the number of MTO hours taken by other represented employees. Page 30 of 37 3. MTO time shall apply toward time in service for step increases, completion of probation, and related service credit. 4. Other Term and Conditions a. The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. For each MTO hour deducted, the involved employee shall be credited with a one half hour added to a furlough induced Personal Leave balance. b. Personal Leave accrued through the MTO Program may be taken beginning July 1, of the following fiscal year, with supervisory approval. Furlough induced Personal Leave has no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced Personal Leave, said employee would be eligible to take the unused furlough induced Personal leave during the thirty day layoff notice period. C. Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City and M.A.P.E. agree to re -open negotiations on this Furlough Plan. CHAPTER 6. UNION RIGHTS ARTICLE 6.1. EMPLOYEE REPRESENTATIVES 6.1.1. Designation. The Union shall by written notice to the City Manager, designate certain of its members as Employee Representatives. Employee Representatives shall be permitted reasonable time for Union activities including grievance representation. In all cases, the Representative shall secure permission from the Representative's supervisor before leaving a work assignment. Such permission shall not be unreasonably withheld. Employee Representatives for salary discussions shall be in accordance with Meyers-Milias-Brown (MMB) Act. 6.1.2. Bulletin Boards. Authorized representatives of the Union shall be allowed to post Union notices on specified bulletin boards maintained on City premises. ARTICLE 6.2. DUES DEDUCTION 6.2.1. Dues Collection. City agrees, upon written consent of the employee involved, to deduct dues, as established by the Union, from the salaries of its members. The sums so withheld Page 21 of 37 shall be remitted by City, without delay, along with a list of employees who have had said dues deducted. 6.2.2. Dues Collection During Separation from Employment. The provisions specified above (6.2.1.) shall not apply during periods of separation from the representation Unit by any such employee, but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representation Unit. The term separation includes transfer out of the Unit, layoff, and leave without pay absences with a duration of more than five (5) working days. Agency Shop. The parties hereto recognize that membership in the Association is not compulsory, that employees have the right to join, not join, maintain, or drop their membership in the Association and that neither party shall exert any pressure on or discriminate against an employee regarding such matters. The Association agrees it is obligated to represent all of the employees in the Unit fairly and equally, without regard to whether or not an employee is a member of the Association. Therefore, effective August 1, 1992, any employee of the City as of August 1, 1992, who is a member of the Association on August 1, 1992, or who subsequently joins, and all employees in the Unit hired on or after that date shall, as a condition of continued employment, either be required to belong to the Association or to pay to the Association an amount equal to 90% of that which would be paid by an employee who decides to become a member of the Association at the time of employment. The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues or service fees check off authorized. When an employee is in a non -pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non -pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over Association dues. The Association shall notify the City in writing as to the amount of such dues uniformly required of all members of the Association. Moneys withheld by the City shall be transmitted to the Treasurer of the Association at the address specified. The Association shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City on account of check off of employee organization dues or service fees. In addition, the Association shall refund to the City any amount paid to it in error upon presentation of supporting evidence. Page 32 of 37 CHAPTER 7. MANAGEMENT RIGHTS The City reserves, retains, and is vested with, solely and excessively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: To manage the City generally and to determine the issues of policy; To determine the existence of facts which are the basis of the management decision; To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services; To determine the nature, manner, means, technology and extent of services to be provided to the public; Methods of financing; Types of equipment or technology to be used; To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; To determine and change the number of locations, re -locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right (after effect bargaining) to contract for or subcontract any work or operation of the City; To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; To relieve employees from duties for lack of work or other legitimate reasons; To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations and this M.O.U.; To determine job classifications and to reclassify employees; To hire, transfer, promote and demote employees in accordance with this Memorandum of Understanding and the City's Rules and Regulations; To determine policies, procedures and standards for selection, training and promotion of employees; To establish and modify employee and organizational performance and productivity standards and programs including but not limited to, quality and quantity standards; and to require compliance therewith; To maintain order and efficiency in its facilities and operations; To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement; To take any and all necessary action to carry out the mission of the City in emergencies. The City and MAPE agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall have the duty to meet and confer with MAPE regarding the impact of its decision/exercise of right Page 33 of 37 CHAPTER 8. REDUCTION IN FORCE ARTICLE 8.1 AUTHORITY The Appointing Authority may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organizational efficiency. ARTICLE 8.2 NOTICE Regular employees designated for layoff or demotion shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be notified. ARTICLE 8.3 ORDER OF LAYOFF Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description and salary. Extra hire employees shall be laid off before permanent employees in the affected classification. In effecting the preceding order, a part-time permanent employee with more seniority can displace a full time permanent employee. ARTICLE 8.4 SENIORITY If two or more employees within a classification have achieved permanent status, such employees will be laid off or reduced on the following basis: a. Seniority within the affected classification will be determinative. Such seniority shall include time served in higher classification(s). The computation of seniority for part-time employees will be credited on a pro rata basis to full time service. Time spent on a City Manager approved leave of absence without pay does not count toward seniority. b. If the seniority of.two or more employees in the affected classification or higher classifications(s) is equal, departmental seniority shall be determinative. C. If all of the above factors are equal, the date regular status in City service is achieved shall be determinative. d. If all of the above are equal, date of certification for appointment shall be determinative. Page 34 of 37 ARTICLE 8.5 BUMPING RIGHTS An employee designated to be laid off may bump into a class at the same salary level, or into the next lower classification in which such employee has previously held regular status. An employee who is bumped, shall be laid off in the same manner as an employee whose position is abolished. ARTICLE B.6 TRANSFER RIGHTS The Personnel Officer will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. The length of eligibility for such transfer will be the period of notification as provided in 10.2, but no longer than the effective date of such layoff or reduction. ARTICLE 8.7 RE-EMPLOYMENT 8.7.1. General Guidelines. Individuals who have been laid off or demoted shall be offered reappointment to the same classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individuals who have been laid off. 8.7.2. Right to Re-employment. Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall, in writing, be offered reappointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City. 8.7.3. Time Limits. Should the person not accept the reappointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and be removed from the re- employment list. 8.7.4. Availability. Whenever a person is unavailable for re- employment, the next senior person who is eligible on the re- employment list shall be offered re-employment. Page 35 of 37 8.7.5. Probationary Status. Employees reappointed under the provisions abo-\;,e will not be required to complete a new probationary period if they had previously held permanent status in the classification. Employees who had not completed their probationary period shall serve the remainder of the probationary period upon rezpp-jintment. 8.7.6. Restoration of Benefits. Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual. Page 36 of 37 Dated: August 1, 1994 MARIN ASSOCIATION OF PUBLIC EMPLOYEES S.E.I.U. Local 949 By A,.ed BiAl Cast4llencs Field Representative By Employee Representatives: 0 „0 O/1-4� Page 37 of 37 CITY OF SAN RAFAEL a BY -�"(: �� t l a � l t( Suzanne Gol Asst. City Manager i By Daryl Chandler Personnel Director T, m X w N C C O N d. 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EMPLOYEES OUT OF CLASS WORK AUTHORIZATION Effective (date) through (date) I am authorizing your assignment to work out of class in the position of (job classification title). During this assignment you will be expected to fully perform the duties of this higher job classification. Your compensation for this temporary out of class assignment will be handled -in accordance with the M.A.P.E. Memorandum of Understanding applicable at the time of the assignment. Employee Acknowledgement Supervisory Authorization Date cc Department Head Personnel Department 1400 FIFTH AVE., P.O. BOX 751560, SAN RAFAEL, CA 94915-1560 FACSIMILE: 415 459.2242 T.O.O.: 415 485.3196