HomeMy WebLinkAboutCC Resolution 8860 (Police Association Personnel MOU)RESOLUTION NO. 8860
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
SAN RAFAEL AMENDING RESOLUTION (NOS. 5929, 6078,
6415, 6689, 7206, 7656, 8111 AND 8592 PERTAINING
TO THE COMPENSATION AND WORKING CONDITIONS FOR
POLICE ASSOCIATION PERSONNEL
(EFFECTIVE 7-1-92 - 6-30-93)
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 April 5, 1993,
and consisting of 32 pages and Exhibit "A" 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
April 5, 1993 , 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 Exhibit "A" to said Memorandum of
Understanding, together with the Memorandum of Understanding itself
are hereby adopted and both shall be attached hereto and
incorporated in full.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the Council of said
City on Monday , the 5th day of April, 1993
by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro
COUNCILMEMBERS: None
COUNCILMEMBERS: Breiner ^'
x
J E M. LEONCINI, 6ity Clerk
ORIGINAL
�d P866
SAN RAFAEL POLICE ASSOCIATION
MEMORANDUM OF UNDERSTANDING
FY 92 - 93
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POLICE MOU TABLE OF CONTENTS
FY 92-93
CHAPTER
TITLE
Chapter 1
GENERAL PROVISIONS
1
1.1
INTRODUCTION
1
1.11
Scope of Agreement
1
1.12
Term
2
1.2
RECOGNITION
2
1.21
Bargaining Unit
2
1.22
New Classifications
2
1.23
Available Copies
2
1.3
DISCRIMINATION
2
1.31
In General
2
1.32
Association Discrimination
2
1.4
ASSOCIATION RIGHTS
3
1.41
Employee Representatives
3
1.42
Union Release Time
3
1.43
Commencement of Negotiations
3
1.44
Dues Deduction
3
1.5
CITY RIGHTS
4
1.51
Defined City Rights
4
Chapter 2
COMPENSATION
5
2.1
SALARY
5
2.2
COMPENSATION PLAN
5
2.21
Pay Period
6
2.3
SALARY STEP INCREASE
6
2.4
MERIT STEP INCREASE
6
2.5
CAREER INCENTIVE PLAN
7
2.6
EDUCATIONAL INCENTIVE
7
2.7
ADDITIONAL PAY
8
2.71
Court Pay
8
2.72
Call -Back Pay
8
2.73
Stand By
8
2.74
Female Custodial Duties
9
2.75
Shift Differential
9
2.76
Bilingual Pay
9
2.77
Special Response Team
10
2.78
Field Training Officer (FTO)
it
2.79
Motor Officer Pay
it
ti
PAGE
POLICE MOU TABLE OF CONTENTS
CHAPTER
TITLE
PAGE
Chapter
3
PROBATIONARY PERIOD
11
3.1
PURPOSE OF PROBATION
11
3.2
LENGTH of PROBATIONARY PERIOD
11
3.3
REJECTION DURING PROBATION
11
3.4
EXTENSION of PROBATIONARY PERIOD
11
3.5
NOTIFICATION of EXTENSION or REJECTION
12
3.6
REGULAR STATUS
12
3.7
PROMOTION of PROBATIONARY EMPLOYEE
12
3.8
UNSUCCESSFUL PASSAGE of PROMOTIONAL
PROBATION
12
Chapter
4
HEALTH AND WELFARE
12
4.1
INSURANCES
12
4.2
PERS HEALTH INSURANCE BENEFITS
12
4.3
PAYBACK
13
4.4
RETIREMENT CONTRIBUTION
13
4.5
DENTAL INSURANCE
13
4.6
VACATION LEAVE
13
4.61
Eligibility
13
4.62
Rate of Accrual
13
4.63
Administration of Vacation Leave
14
4.64
Vacation Sign-up
14
4.65
Vacation Cash in
14
4.7
SICK LEAVE
15
4.71
Eligibility
15
4.72
Accumulation
15
4.73
Use of Sick Leave
15
4.74
Advance of Sick Leave
15
4.75
Sick Leave Balance
16
4.8
HOLIDAYS
16
4.9
OTHER LEAVES
16
4.91
Bereavement Leave
16
4.92
Military Leave
17
4.93
Leave of Absence Without Pay
17
4.94
Industrial Injury Leave
17
4.95
Jury Duty
18
4.96
Medical Leave of Absence
18
4.97
Absent Without Authorized Leave
18
Chapter
5
HOURS OF WORK
18
5.1
WORK WEEK
18
5.11
Established Work Week
18
5.12
Alternative Work Schedule
19
5.13
Sergeants Schedule
20
5.14
Shift Rotation
20
5.15
Patrol Briefing Periods
20
ii
POLICE MOU TABLE OF CONTENTS
CHAPTER TITLE
5.16 Employee Break and Meal Periods
5.2 OVERTIME
5.3 SHIFT CHANGES
PAGE
20
21
22
Chapter 6
TERMS AND CONDITIONS OF EMPLOYMENT
22
6.1
DEMOTION and SUSPENSION
22
6.2
TERMINATION of EMPLOYMENT
23
6.21
Resignation
23
6.22
Termination - Lay Off
23
6.23
Termination - Disciplinary Action
23
6.24
Retirement
23
6.25
Rejection During Probation
23
Chapter 7
DISCIPLINARY ACTION
23
7.1
AUTHORITY
23
7.2
DEFINITION
24
7.3
CAUSES for DISCIPLINARY ACTION
24
7.4
APPEALS
25
7.5
CITY MANAGER and ARBITRATION
25
Chapter 8
GRIEVANCE PROCEDURE
25
8.1
DEFINITION
25
8.2
INITIAL DISCUSSIONS
25
8.3
REFERRAL to CITY MANAGER
26
8.4
ADJUSTMENT BOARD
26
8.5
CITY MANAGER and ARBITRATION
27
8.6
NO ABRIDGEMENT of OTHER RIGHT of APPEAL
27
8.7
PAY CLAIMS
28
8.8
MATTERS EXCLUDED FROM the GRIEVANCE
PROCEDURE of the M.O.U.
28
Chapter 9
MISCELLANEOUS
28
9.1
EMPLOYER - EMPLOYEE RESOLUTION
28
9.2
UNIFORM ALLOWANCE
28
9.3
OUTSIDE EMPLOYMENT
29
9.4
GRATUITIES/SOLICITATION of
CONTRIBUTIONS
29
9.5
RETURN of CITY EQUIPMENT
29
9.6
POLITICAL ACTIVITY
29
9.7
EMPLOYMENT RELATIONSHIPS
29
9.8
PERSONNEL RULES
29
9.9
DRUG and ALCOHOL POLICY
29
9.10
MEDICAL STANDARDS
29
9.11
LIGHT DUTY POLICY STATEMENT
30
9.12
REINSTATEMENT
30
iii
POLICE MOU TABLE OF CONTENTS
CHAPTER TITLE
Chapter 10 REDUCTION IN FORCE
10.1 NOTICE
10.2 ORDER OF LAYOFF
10.3 REEMPLOYMENT ELIGIBLE LIST
Chapter 11 MOU LANGUAGE
11.1 EXISTING LAWS, REGULATIONS & POLICIES
11.2 STRIKES and LOCKOUTS
11.3 FULL UNDERSTANDING, MODIFICATION,
WAIVER
11.4 PREVAILING RIGHTS
11.5 SEVERABILITY
iv
PAGE
30
30
30
30
31
31
31
31
32
32
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL POLICE ASSOCIATION
This Memorandum of Understanding is entered into pursuant to the
provisions of Section 3500, et. seg. 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 full
time 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 Julv 1. 1992 and ending
June 30, 1993
Chapter 1. GENERAL PROVISIONS
1.1 INTRODUCTION
1.11 Scope of Agreement
The salaries, hours, fringe benefits and working conditions
set forth have been mutually agreed upon by the designated
bargaining representatives of the City of San Rafael (herein-
after called "CITY") and the San Rafael Police Association
(herein -after called "ASSOCIATION") and shall apply to all
employees of the City working in the classifications and
bargaining unit set forth herein.
In accepting employment with the City of San Rafael, each
employee agrees to be governed by and to comply with the
Personnel Ordinance, Rules and Regulations, Administrative
Procedures, and regulations and directives of the Police
Department.
1
1. 12 Term
This agreement shall be in effect from Julv 1, 1992
through June 30. 1993
1.2 RECOGNITION
1.21 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).
1.22 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.
1.23 Available Copies
Both the City and the Association agree to keep duplicate
originals of this agreement on file in a readily accessible
location available for inspection by any City employee, or
member of the public, upon request.
1.3 DISCRIMINATION
1.31 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 orgin, sex,
sexual preference, marital status, medical condition or
handicap.
1.32 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.
2
1.4 ASSOCIATION RIGHTS
1.41 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).
1.42 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.
1.43 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.
1.44 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.
3
1.5 CITY RIGHTS
1.51 Defined City Rights
The City reserves, retains, and is vested with, solely and
exclusively, all rights of management which have not been
expressed abridged by specific provision of this Memorandum
of Understanding or by law to manage the City, as such
rights existed prior to the execution of this Memorandum of
Understanding. The sole and exclusive rights of management,
as they are not abridged by this Agreement or by law, shall
include, but not be limited to, the following rights:
1.) To manage the City generally and to determine the
issues of policy.
2.) To determine the existence or non-existence of facts
which are the basis of the management decision.
3.) To determine the necessity of organization or any
service or activity conducted by the City and expand or
diminish services.
4.) To determine the nature, manner, means technology, and
extent of services to be provided to the public.
5.) Methods of financing.
6.) Types of equipment or technology to be used.
7.) To determine and/or change the facilities, methods,
technology, means and size of the work force by which the City
operations are to be conducted.
8.) To determine and change the number of locations,
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
4
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
Effective 07/01/92 the salary ranges as established in the
previous Memorandum of Understanding (M.O.U.) will continue
(Exhibit "A" of M.O.U.).
2.2 Compensation Plan. The Compensation Plan adopted by the City
Council shall provide for salary schedules, rates, ranges,
steps and any other special circumstances or items related to
the total compensation paid employees.
Each position within the classified services shall be
allocated to its appropriate class in the classification plan
5
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.
2.21 Pay Period. City employees are paid twice per month on
the 15th and the last working day of the month. When a
holiday falls on a pay day, the pay day will be transferred
to the previous day of regular business unless the Finance
Department is unable to complete the payroll by that work day,
in which case the pay day will be the day following the
holiday. The method of the distributing payroll shall be
established by the Director of Finance.
2.3 Salary Step Increase. An employee may be considered for a
step increase in accordance with the time intervals
established in the salary plan. Advancement to a higher
salary within a salary range may be granted for continued
improvements and efficient and effective service by the
employee in the performance of his/her duties. Salary
advancement shall be made only upon the recommendation of
the Chief of Police, with the approval of the City Manager or
their designee, and are not automatic, but based on acceptable
work performance.
Accelerated merit performance step increases of five
percent (5%) may be granted an employee based upon the
recommendation of the Chief of Police and approval of the
City Manager.
2.4 Merit Step Increases. Employees at the maximum step of
their salary range may be granted a merit performance step
increase of up to 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.
Merit step increases may be granted in recognition of
meritorious performance beyond the scope of regular duties
and in response to extraordinary conditions.
M
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.
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
requirments.
Incentive Minimum Reauirements
1 (5%)
Step
E for 2 years
2 (5%)
Step
E for 5 years
3 (5%)
Step
E for 7 years
4 (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 incentives) will be
reviewed at each anniversary date. Incentives will be paid
in a separate check quarterly on March 15, June 15, September
151 and December 15.
Both parties agree that
neither party will have
other because of failure
agreed that discussions
criteria only for this
previously agreed dollar
2.6 Educational Incentive
if such agreement is not attained,
the right to any claim against the
to reach agreement. It is further
(meet and confer) will concern
program and will not impact the
value of the incentives.
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
7
Intermediate
Certificate
$140.00
$130.00
$120.00
Advanced
Certificate
$190.00
$177.50
$165.00
2.7 Additional Pay
2.71 Court Pay
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:OOPM on
the last court day preceding the scheduled appearance date of
the employee. Police employees will be responsible for
calling the Department after 6:OOPM. If the trial is not
cancelled 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.
2.72 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.
2.73 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 cancelled
with 24 hours notice. Any order not cancelled 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.
9
2.74 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.
2.75 Shift Differential
1. A three percent (3%) shift differential shall be paid for
all represented employees working the swing shift
(3:OOPM to 11:00PM).
2. A five percent (5%) shift differential shall be paid for
all represented employees working the graveyard shift
(11:OOPM to 7:OOAM).
3. 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:OOPM and
7:OOAM.
4. Employees assigned to work the swing or graveyard shift
time periods on overtime or in accordance with Section
5.3, Shift Changes, are excluded from shift differential
pay for those time periods.
5. 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.
2.76 Bilingual Pay
1. 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).
2. 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.
0
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.
3. Within the limits established in items 1 and 2 of this
section, to qualify for either the Full or Conversational
Programs, employees must be certified as proficient in
a language deemed to be of work related value to the
Police Department as determined by the Chief of Police
and approved by the City Manager by established
standards. It is agreed that full fluency or
conversational proficiency certification may be obtained
by passing a standardized departmental test (to be
developed by the department) or fluency certification
issued by an agency approved by the Police Chief.
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.
4. 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
recertification of proficiency to continue eligibility
for the bilingual differential.
5. Shift assignments and distribution of bilingual employees
shall be at the discretion of the Chief of Police.
2.77 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.
10
2.78 Field Training Officer (FTO)
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 Recruits. 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.
2.79 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 Appointing Authority without the right of
appeal; except as otherwise provided for by the Public Safety
Officers Bill of Rights Act, Government Code 3300, et.seq.
for sworn officers, and as provided for in applicable existing
case law concerning appeal rights/remedies of probationary
employees.
3.4 Extension of Probationary Period.
The probationary period shall not be extended except in the
case of extended illness or injury or compelling personal
situation during which time the employee was unable to work.
In such cases, the probationary period may be extended for the
length of time the ill or injured employee was unable to work.
11
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 the
promotional probationary period was sufficient grounds for
dismissal, the employee shall be subject to dismissal without
reinstatement to the lower position.
CHAPTER 4. HEALTH AND WELFARE
4.1 INSURANCES
Accident, Health, Life and Long Term Disability
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 PORAL
Plan) or to receive back through the payback program. (See
Item C 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.
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4.3 PAYBACK
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.
4.4 RETIREMENT CONTRIBUTION
The City will pay the full share of the employee's
contribution, not to exceed seven percent (70) of salary, to
the Marin county Retirement System. If the full amount of the
employee's contribution is less than seven percent (7%) of
salary, then only the full share shall be paid.
4.5 Dental Insurance
The City will provide a dental insurance program providing
100% coverage for diagnostic and preventative care, $25
deductible on corrective coverage (80/20) per eligible
patient per calendar year, 80/20 cost sharing for cast,
crowns and restorations, and orthodontic coverage (50/50)
within the limits prescribed in the Group Plan document
(2556-0002). The City shall continue the current or
comparable program and shall pay any increased premium
rate increases from date of the increase for the term of
this M.O.U.
4.6 Vacation Leave
4.61 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.
4.62 Rate of Accrual: Vacation benefits shall accrue during
the probationary period. Each regular full time employee
shall commence to accrue vacation at the following rate for
continuous service (accrual is prorated for P/T employees):
The first three (3) years of continuous employment
shall earn ten (10) working days of vacation per year.
Such entitlement shall accrue at the rate of five -sixths
(5/6) days per month.
From the beginning of the fourth (4th) year of service
through the end of the tenth (10th) year of service,
fifteen (15) working days of vacation per year. Such
entitlement shall accrue at the rate of one and one -
fourth (1-1/4) days per month.
From the beginning of the eleventh (11th) year of service
through the fifteenth (15th) year, twenty (20) working
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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.
4.63 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
(3 0) ; however, on certain occasions for the convenience of the
Police Department, the Chief of Police may extend said accrued
vacation leave at the City Manager's discretion.
The time at which an employee may use his/her accrued vacation
leave and the amount to be taken at any one time, shall be
determined by employee's department head with particular
regard for the needs of the City, but also, insofar as
possible, considering the wishes of the employees.
In the event that one or more City holidays fall within an
annual vacation leave, such holidays shall not be charged as
vacation leave.
Employees who terminate their employment shall be paid in a
lump sum for all accrued and unused vacation leave earned
prior to the effective date of termination.
4.64 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.
4.65 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.
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Employees can not cash in more than seven (7) days of vacation
in any one twelve (12) month period.
4.7 Sick Leave Issues
4.71 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 work days shall file
with the Personnel Officer, a physician's certificate or the
employee's personal affidavit stating the cause of the illness
of disability. The inability or refusal by said employee to
furnish the requested information, as herein required, shall
constitute good and sufficient cause for disciplinary action,
including dismissal.
4.72 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.
4.73 Use of Sick Leave. An employee may use accrued sick
leave during their probationary period. An employee
eligible for sick leave with pay shall be granted such
leave for the following reasons:
(1) Personal illness or illness within the immediate family,
or physical incapacity resulting from causes beyond the
employee's control; or
(2) Enforced quarantine of the employee in accordance with
community health regulations.
(3) Medical appointments that cannot be scheduled during non-
working hours shall be charged to sick leave, unless the
employee is a sworn Police Officer.
4.74 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
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the time of such separation shall reimburse the City of all
salary paid in connection with such unaccrued leave.
4.75 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%).
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 4.72 for sick leave cap limitation for payoff
purposes.
4.8 HOLIDAYS
The following holidays will be observed:
New Year's Day
Martin Luther King Day
Washington's Birthday
Lincoln's Birthday
Memorial Day
Independence Day
Labor Day
Admission Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
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
4.91 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
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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.
4.92 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 the Chief of Police an
opportunity, within the limits of military regulations, to
determine when such leave shall be taken.
4.93 Leave of Absence Without Pay. Leave of absence without
pay may be granted by the City Manager upon the written
request of the employee. Applicable accrued leave must be
exhausted prior to the granting of leave without pay.
4.94 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 (2 4) 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
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six (6) calendar months. Worker's Compensation checks due the
employee will be made payable to the City of San Rafael and
the employee. After said check is properly endorsed, it shall
be deposited with the City Treasurer.
SAFETY EMPLOYEES
Compensation leave payments shall not exceed the employee's
regular full pay for the first twelve (12) calendar months.
Worker's Compensation checks due the employee will be made
payable to the City of San Rafael and the employee. After
said check is properly endorsed, it shall be deposited with
the City Treasurer.
All other employees shall be entitled to such compensation as
may be allowed them by the Worker's Compensation Insurance and
Safety Act of the State of California.
4.95 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.
4.96 Medical Leave of Absence. Upon depletion of sick leave
and any other accrued paid leave, an employee may be granted
a medical leave of absence without pay for a period not
exceeding sixty days by the Chief of Police. If the
employee is unable to return to work at the end of this
period, he or she must request further medical leave in
writing with a doctor's statement which will be subject to the
approval of the City Manager. If further leave is not
granted, the employee's service with the City shall be
considered terminated.
4.97 Absent Without Authorized Leave. An unauthorized
absence of an employee for three consecutive work days shall
constitute grounds for termination.
CHAPTER 5. HOURS OF WORK
5.1 Work Week
5.11 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.
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5.12 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.
The following Alternative work schedules are currently being
used:
PATROL: A system consisting of a 6-3 rotating days off shift
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 6-3 plan. The shifts
listed are basic shifts that must be filled in order to meet
the minimum staffing levels. If an officer filling one of
those shifts is absent for a period of a week or longer,
another officer may be required to change shifts to fill the
vacancy in accordance with the existing provisions of the
M.O.U. regarding changes of assignments.
The rosters anticipate a minimum of twenty-seven officers
being assigned to patrol in a duty status in the indicated
shifts. In the event twenty-seven officers are not avail-
able, 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 Sa/Su (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.
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SCHEDULES
DEFINITIONS
4-10 Four (4) consecutive ten (10) hour days with
three (3) consecutive days off.
5-8 Five (5) consecutive eight (8) hour days with
two (2) consecutive days off.
6-3 Six (6) consecutive eight and one-half (8 1/2)
hour days with three (3) consecutive days off.
5.13 SERGEANTS SCHEDULE:
1. The Sgt.'s will have their requests for scheduled
vacation time turned into the bureau Lt. 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.
5.14 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.
5.15 PATROL BRIEFING PERIODS. Patrol briefing periods
will be conducted within Patrol employees designated shifts.
5.16 EMPLOYEE BREAK AND MEAL PERIODS. Employee break
and meal periods are as follows:
A. 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.
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B. All other employees: One 15 minute break to be taken in
the first half of the shift, one fifteen minute break to
be taken in the second half of the shift, and one 30
minute meal period as scheduled and approved by the
designated supervisor. Combination of meal and break
period must have prior supervisory approval.
C. 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.
D. 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 advance may be granted at
the discretion of the department. Compensatory time off can
be cancelled 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.
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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, ie., 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.
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When the action is initiated by the Chief of Police, written
notice of demotion shall be provided to an employee at least
ten (10) working day before the effective date of the
demotion, and a copy filed with the Personnel Office.
Withholding a salary step increase, or withdrawing a merit
step increase within or above the salary range of the
employee's position shall not be deemed a demotion.
Disciplinary demotion action shall be in accordance with
Chapter 7, "Disciplinary Action."
The Chief of Police or designee may suspend an employee from
a position at any time for disciplinary purpose. Intended
suspension action shall be reported immediately to the
Personnel Officer, and shall be taken in accordance with
Chapter 7, "Disciplinary Action."
6.2 TERMINATION OF EMPLOYMENT
6.21 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.
6.22 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.
6.23 Termination - Disciplinary Action. An employee may be
terminated at any time for disciplinary action, as provided
in Chapter 7, "Disciplinary Action."
6.24 Retirement. Retirement from the City services shall,
except a 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.
6.25 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
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or to observe the Department's safety rules and regulations
or for engaging in strikes, individual or group slowdowns or
work stoppages, or refusal to accept overtime, or for
violating or ordering the violation of the Memorandum of
Understanding.
7.2 Definition.
Disciplinary action shall mean discharge/ dismissal, demotion,
reduction in salary, 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.
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.
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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
discipline/discharge 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 party's position; but shall rule
on the merits of each party's case as presented during
the hearing. Decisions of the Arbitrator on matters
properly before them shall be final and binding on the
parties hereto, to the extent permitted by the Charter
of the City.
CHAPTER 8 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.
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8.3 Referral to City Manager.
Any employee or any official of the employee organization
which has been formally recognized by the City and which has
jurisdiction over any position directly affected by the
grievance may notify the City Manager and Police Chief in
writing that a grievance exists, and in such notification,
state the particulars of the grievance and, if possible, the
nature of the determination which is desired. No grievance
may be processed under subsection 8.4 below which has not
first been heard and investigated in pursuance of subsection
8.2. A grievance which remains unresolved thirty (30)
calendar days after it has been submitted in writing may be
referred to the Adjustment Board.
Any time limit may be extended to a definite date by mutual
agreement of the Association and the appropriate management
representative.
8.4 Adjustment Board
In the event the Association and the City are unable to reach
a mutually satisfactory accord on any grievance (as the term
"grievance" is hereinabove defined) which arises and is
presented during the term of the Memorandum of Understanding,
such grievance shall be submitted to an Adjustment Board
comprised of three (3) employee representatives, and three (3)
representatives of the City. The Association shall be an
indispensable party to any grievance which is submitted to the
Adjustment Board. Any party desiring an official transcript
of the Adjustment Board hearing shall bear the cost of same.
If an Adjustment Board is unable to arrive at a majority
decision, either the grievant, the Association or the City may
request that the grievance be referred to the City Manager,
or arbitration.
No Adjustment Board or Arbitrator shall entertain, hear,
decide or make recommendations on any dispute involving a
position over which a recognized employee organization has
jurisdiction unless such dispute falls within the definition
of a grievance as hereinabove set forth in paragraph (1) of
this Section.
Proposals to add to or change this Memorandum of Understanding
or written agreement or addenda supplementary hereto shall not
be grievable and not proposal to modify, amend or terminate
this Memorandum of Understanding, nor any matter or subject
under this Section; and no Adjustment Board or Arbitrator
shall have the power to amend or modify this Memorandum of
26
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 Abridgement 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, he/she shall have the right to appeal
his/her case to the Adjustment Board. Such appeal must be
filed in writing by the Association within five (5) calendar
days from date of discharge and unless so filed the right of
appeal is lost. In case the discharge is found to be
unjustifiable by the Board, the Board may order payment for
lost time or reinstatement with or without payment for lost
time; but, in the event that the dispute is carried to
arbitration and that such employee is found to have been
properly discharged/disciplined under the provisions of
Chapter 7, such employee may not be ordered reinstated and no
penalty may be assessed upon the Employer. The arbitrator
27
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 concerns any rule or policy
or administrative procedure of the City contained in the City
Charter, the Personnel Ordinance, or the Personnel Rules and
Regulations which are adopted pursuant to the City Charter,
the appeal procedures contained therein shall be utilized.
CHAPTER 9 MISCELLANEOUS
9.1 Employer - Employee Resolution.
The City and the Association agree to abide by the City of San
Rafael's Employer -Employee Relations Resolution.
9.2 UNIFORM ALLOWANCE
Each of the following represented classification swill receive
a uniform allowance for each six (6) months of service ending
June 30 and December 31 as follows:
A. Uniformed, sworn employees, Police Service Aide II's and
Parking Enforcement Officers:
July 1, 1992 thru June 30, 1993: $275 ($550/yr.)
B. Administrative/Service and Investigation employees:
July 1, 1992 thru June 30, 1993: $200 ($400/yr.)
C. All other represented employees:
July 1,1992 thru June 30, 1993: $250 ($500/yr.)
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.
28
9.3 OUTSIDE EMPLOYMENT.
All employees of the Police Department should refer to
Departmental General Orders for the policy and
procedures related to outside employment.
9.4 GRATUITIES/SOLICITATION OF CONTRIBUTIONS.
All employees of the Police Department should refer to
Departmental General Orders for the policy and
procedures related to gratuities/solicitation of
contributions.
9.5 RETURN OF CITY EQUIPMENT.
Upon termination of employment, all City property assigned to
an employee shall be returned.
9.6 POLITICAL ACTIVITY.
The political activity of City employees shall comply with
pertinent provisions of State and Federal Law.
9.7 EMPLOYMENT RELATIONSHIPS.
The City retains the right:
1. To refuse to place one party to a relationship under the
direct supervision of the other party to a relationship
where such has the potential for creating adverse impact
on supervision, safety, security or morale.
2. To refuse to place both parties to a relationship in the
same Bureau or shift where such has the potential for
creating adverse impact on supervision, safety, security,
or morale or involves potential conflicts of interest.
9.8 PERSONNEL RULES
Both parties agree to meet and confer over the Personnel Rules
and Regulations revision project currently underway.
9.9 DRUG AND ALCOHOL POLICY
The City and the Association both support a drug and alcohol
free work place and agree to continue to meet and confer over
a comprehensive Drug Policy.
9.10.MEDICAL STANDARDS
Both parties agree to meet and confer over medical Standards
as they may related to non -placement issues.
29
9.11.LIGHT DUTY POLICY STATEMENT
Both parties agree to meet and confer over a departmental
Light Duty Policy.
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:
a. Left City service within the prior twelve (12) months
and
b. 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 be so notified.
10.2 ORDER OF LAYOFF
In reduction of forces, the last employee hired shall be the
first employee laid off, and in rehiring, the last employee
laid off shall be the first employee rehired until the list
of former employees is exhausted; provided that the employee
retained or rehired is capable, in the opinion of the City,
to perform the work required. An employee laid off from City
services prior to being rehired must pass the physical
examination administered by a City -appointed physician and
must pass the background check administered by the Police
Department. The names of employees laid off shall be placed
on a Reemployment Eligible List as hereinafter specified.
10.3 REEMPLOYMENT ELIGIBLE LIST
The Reemployment 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
30
appointments to the classification is which the employee
worked.
Employees who did not complete their probationary period
prior to being laid off; if reemployed 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 Reemployment Eligible List for a period of one
(1) year after it is placed thereon. The names of any
eligible employees on a Reemployment Eligible List shall be
automatically removed from said list at the expiration of the
appropriate period of eligibility.
CHAPTER it 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 party hereto voluntarily
and unqualifiedly waives its right, and agrees that the
other shall not be required, to meet and confer with
respect to any subject or matter covered herein, not as
to wages or fringe benefits during the period of the term
of this M.O.U. The foregoing shall not preclude the
parties hereto from meeting and conferring at any time
during the term of this Agreement with respect to any
subject matter within the scope to meeting and conferring
31
for a proposed M.O.U. between the parties to be effective
on or after July 1, 1993.
11.4 PREVAILING RIGHTS.
All matters within the scope of meeting and conferring which
have previously been adopted through rules, regulations,
ordinance or resolution, which are not specifically superseded
by this M.O.U., shall remain in full force and effect
throughout the term of this Agreement.
11.5 SEVERABILITY.
If any article, paragraph or section of this M.O.U. shall be
held to be invalid by operation of law, or by any tribunal of
competent jurisdiction, or if compliance with or any
enforcement of any provision hereof be restrained by such
tribunal, the remainder of this M.O.U. shall not be affected
thereby, and the parties shall enter into meet and confer
sessions for the sole purpose of arriving at a mutually
satisfactory replacement for such article, paragraph or
section.
SAN RAFAEL POLICE ASSOCIATION CITY
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OF SAN RAFAEL
1
Name/Title
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DATED: April 5, 1993
32
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