HomeMy WebLinkAboutCC Resolution 8821 (Miscellaneous Personnel MOU)RESOLUTION NO. 8821
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING RESOLUTION NO. 8696 PERTAINING
TO THE COMPENSATION AND WORKING CONDITIONS FOR
MISCELLANEOUS 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 February
16 , 1993, and consisting of 35 pages and Exhibits "A", "B"
and "C" 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. Effective July 1, 1993, the City of San
Rafael and the Marin Association of Public Employees shall utilize
the Memorandum of Understanding dated February 16 , 1993,
as the official document of reference respecting compensation and
working conditions for M.A.P.E. Miscellaneous 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 Tuesday. February 16. 1993, by the following vote to wit:
AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
JE3E M. LEONCINI, City Clerk
ORIGINAL
a
MEMORANDUM OF UNDERSTANDING
Miscellaneous 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 employees belonging to the
Miscellaneous 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-Milias-Brown At, 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: February 16, 1993
MARIN ASSOCIATION OF PUBLIC EMPLOYEES
S.E.I.U., LOCAL 949
BY: n
STEVE O' RIFE
Executive Secretary
NAPE/S.E.I.U., Local 949
CITY OF SAN RAFAEL
DARYL G. CHANDLER
Personnel Director
M.A.P.E. MISCELLANEOUS UNIT
MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 93-94
MEMORANDUM OF UNDERSTANDING
M.A.P.E. MISCELLANEOUS UNIT
TABLE OF CONTENTS
CHAPTER/ARTICLE TITLE
PAGE
1.
GENERAL PROVISIONS
1
1.1
Introduction
1
1.2
Recognition
1
1.3
Discrimination
2
1.4
Inspection of M.O.U.
2
1.5
Existing Laws, Regulations & Policies
2
1.6
Strikes & Lockouts
2
1.7
Severability
2
1.8
Prevailing Rights
3
1.9
Full Understanding, Modification, Waiver
3
2.
WAGES
3
2.1
General Wages
3
2.2
Step Increase
4
2.3
Salary Change & Reclassification
5
2.4
Compensation Plan
5
2.5
Pay Period
6
2.6
Probationary Period
6
2.7
Specified Wage Adjustments/Differentials
7
3.
BENEFITS
7
3.1
Health & Welfare
7
3.2
Dental Insurance
8
3.3
Joint Benefit Committee
8
3.4
State Disability Insurance
8
3.5
Retirement
9
3.6
Sick Leave
10
3.7
Vacation Leave
11
3.8
Holidays
12
3.9
Other Leaves
13
4.
TERMS & CONDITIONS
15
4.1
Work Week
15
4.2
Overtime
15
4.3
Compensatory Time Policy
15
4.4
Standby & Call -Back Duty
16
4.5
Transfers/Reassignments
16
4.6
Education Reimbursement Program
17
4.7
Mechanic Tool Reimbursement
18
4.8
Uniform Allowance
18
4.9
Safety
18
4.10
Miscellaneous
19
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CHAPTER/ARTICLE TITLE
PAGE
5.
PROCEDURES
20
5.1
Demotion or Suspension
20
5.2
Termination of Employment
20
5.3
Disciplinary Action
21
5.4
Grievance Procedure
23
5.5
Position Reclassification Procedure
25
5.6
Furlough Program
27
6.
UNION RIGHTS
29
6.1
Employee Representatives
29
6.2
Dues Deduction
29
6.3
Maintenance of Membership
30
7.
MANAGEMENT RIGHTS
31
8.
REDUCTION IN FORCE
32
8.1
Authority
32
8.2
Notice
32
8.3
Order of Layoff
33
8.4
Seniority
33
8.5
Bumping Rights
33
8.6
Transfer Rights
33
8.7
Re -Employment
34
ii
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
MARIN ASSOCIATION OF PUBLIC EMPLOYEES
MISCELLANEOUS 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, 1993 and ending
June 30, 1994.
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 1.1. INTRODUCTION
1.1.1. Scope of Agreement. The salaries, hours, fringe
benefits and working conditions set forth have been mutually
agree upon by the designated bargaining representatives of the
City of San Rafael (herein -after called "CITY") and the Marin
Association of Public Employees, SEIU Local 949 (herein -after
called ("UNION") and shall apply to all employees of the City
working in the classifications and bargaining unit set forth
herein.
1.1.2. Term. This agreement shall be in effect from July 1,
1993 through June 30, 1994.
ARTICLE 1.2. RECOGNITION
1.2.1. Bargaining Unit. City hereby recognizes Union as
bargaining representative for purpose of establishing salaries,
hours, fringe benefits and working conditions for all
employees within the Miscellaneous Bargaining Unit.(As
1
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
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
2
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.
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, 1993 the salary ranges shall receive
an upward adjustment of 2% (see Exhibit "A" attached for
July 1, 1993 salary ranges).
2. Effective January 1, 1994 the salary ranges shall
receive an upward adjustment of 2% (see Exhibit "B" attached
for January 1, 1994 salary ranges).
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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.
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
4
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
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
5
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.
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 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.
2.6.6. Regular Status. Regular status shall commence with the
day following the expiration date of the probationary period.
0
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.
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. Voluntary transfers to
another job classification, within the same salary range, shall
require a six (6) month probationary period. In the event of
unsuccessful passage of this period refer to 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 cummulative 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.
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
7
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
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.
ARTICLE 3.4. STATE DISABILILTY 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
0
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 files
for 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 extended
leave.
4. Personnel Office, on receipt of PAF, contacts
employee and supervisor to discuss availability of
coordination of S.D.I. with leave benefits.
5. Employee's time off is recorded as sick leave and
if necessary then vacation leave on time cards
submitted by the supervisor to the Payroll Office.
6. On receipt of the 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 (50) of an employee's salary or fifty percent (500)
of the employee's retirement contribution rate, whichever is
less, to the Marin County Retirement System.
C
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
may be accumulated to an amount not to exceed one hundred fifty
(150) working days. The sick leave accrual rate is prorated for
eligible part time employees. Effective 7-1-90, the cap on sick
leave accrual, 150 days, is eliminated for accrual purposes only.
The cap remains in effect for sick leave separation payoff
purposes for those hired before 10-1-79.
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, 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.
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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%) for 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 Incentive Pav
(7-1 to 6-30)
NONE 8 hours of pay
1-16 hours 6 hours of pay
17-24 hours 4 hours of pay
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 of the sixteenth (16th) year of
service and beyond, twenty-five (25) working days of
vacation per year. Such entitlement shall accrue at
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the rate of 15.625 hours per month.
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
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.
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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, brother, sister, in-laws,
relative who lives or has lived in the home of the employee to
such an extent that the relative was considered a member of the
immediate family and/or another individual who has a legal
familial relationship to the employee and resided in the
employee's household, up to three (3) days within the State and
up to five (5) days out-of-state may be granted for bereavement
leave.
In those cases where the death involves an individual
who had such a relationship with the employee, as defined above,
the employee shall sign a simple affidavit describing the
relationship and submit this to the department head as part of
the request for bereavement leave.
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
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his/her supervisor as soon as possible, preferably within twenty-
four (24) hours. The City Manager's office coordinates benefits
for Worker's Compensation claims. For further information, see
the Industrial Accidents and Injuries section of the City's
Injury and Illness Prevention Program.
All regular, full time employees of the City who have suffered
any disability arising out of and in the course of their
employment as defined by the Worker's Compensation Insurance and
Safety Act of the State of California, and who are receiving or
shall receive compensation from the insurance carrier for such
disability, and during the first seven (7) days after such
disability when compensation is not paid by the insurance
carrier, shall be entitled to remain absent from duty with pay
until such time as they are able to return to duty or some other
final disposition is made of their case; provided, however,
compensation leave payments shall not exceed the following
limitations:
Compensation leave payments shall not exceed the
employee's regular full pay for the first three
(3) calendar months and three-fourths (3/4) of the
regular full pay for the following six (6)
calendar months. Worker's compensation checks
due the employee will be made payable to the City
of San Rafael and the employee. After said check
is properly endorsed, it shall be deposited with
the City Treasurer.
All other employees shall be entitled to such
compensation as may be allowed them by the
Worker's Compensation Insurance and Safety Act of
the State of California.
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.
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3.9.7. 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 appointing authority. 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 appproval of the City
Manager. If further leave is not granted, the employee's service
with the City shall be considered terminated.
CHAPTER 4 TERMS AND CONDITIONS
ARTICLE 4.1. WORK WEEK
The work week shall consist of forty (40) hours and the work day
shall consist of eight (8) hours, provided, however, that the
classifications in Exhibit "A" Sections 1.1, 1.2, 1.4 shall have
a work week of thirty-seven and one-half (37-1/2) hours and a
work day of seven and one-half (7-1/2) hours.
Effective July 7, 1992 Article 4.1. 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
effective the first day of the following pay period.
ARTICLE 4.2. OVERTIME
Shall mean actual time worked beyond forty (40) 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 (Refer to Exhibit "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 4.31. 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.
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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
forty (40) hours of compensatory time provided it is taken within
the following quarter (7-1 to 9-30).
ARTICLE 4.4. STANDBY OR CALL-BACK DUTY
4.4.1. Compensation When Assigned to Standby Duty. Miscellaneous
employees assigned standby duty on Saturday, Sunday or a day
designated as an authorized holiday by the City Council shall be
compensated at the rate of six (6) hours of their base salary for
each day of standby duty.
4.4.2. Minimum Payment for Call Out. Employees on standby duty
who are called out and required to work, shall be paid a minimum
of two (2) hours at the rate of time and one half, for each time
they are called out.
4.4.3. Compensation When Not Assigned to Call Back Duty. When
an employee not assigned to standby duty is called back to duty,
the employee shall receive compensation for a minimum of four (4)
hours.
4.4.4. Standby Residency and Pagers. The residency requirement
for standby personnel shall include those individuals who live
within a thirty (30) minute travel distance from the Corporation
Yard. Pagers shall be provided to those persons on standby.
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
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 is $200/fiscal year, maximum, with
the City's payment not to exceed 75% of the cost. Educational
Reimbursement is available to employees who satisfactorily (grade
of C or better, Pass of complete) complete a course or courses
that are pre -determined to be job related and/or that will assist
the employee to prepare for career advancement in his/her field.
To be eligible, employees must have completed probation at the
time of the reimbursement which is made at the end of the
semester.
The Educational Reimbursement Program will include reimbursement
of up to $50/fiscal year for professional membership dues for
work-related organizations for employees in the "Administrative"
or "Professional" sections of the Miscellaneous Bargaining Unit.
Prior supervisory approval is necessary to be eligible for
reimbursement. The total reimbursable amount remains at
$200/fiscal year.
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ARTICLE 4.7. MECHANIC TOOL REIMBURSEMENT
The City will provide up to $100/fiscal year tool reimbursement
to Vehicle Equipment Mechanics and the Equipment Service
Attendant for tools purchased for use in the course of City work.
Employees must submit proof of payment for purchase prior to
reimbursement.
ARTICLE 4.8. UNIFORM ALLOWANCE
4.8.1. Sewer and Garage Employees Uniform Maintenance Program.
Uniform shirts, pants and coveralls will be provided and
laundered for the maintenance employees of the Sewer and Garage
work units.
4.8.2. Uniform Allowance. Maintenance employees in Parks,
Streets, Building Maintenance and Recreation who must wear
uniforms shall receive a uniform allowance in the amount off
$157.50 at the completion of each six (6) months of service
ending June 30th and December 31st. A proration at the rate of
$26.25/month may be given with the recommendation of the
department head and the approval of the City Manager. The
uniform allowance includes foul weather gear. Uniforms and gear
must be in accordance with the departmental dress code and safety
requirements.
A safety shoe allowance of $85.00/year will be provided to City
Hall employees who have field assignments in or about
construction sites or have related activities and to all
Corporation Yard maintenance employees and Custodians.
The allowance for boots and raingear for Sewers and Garage
maintenance employees shall be $130.00/year. Payment shall be
made on December 31st.
4.8.3. Uniform Jacket Cleaning Allowance. Maintenance employees
of the Sewer work unit will receive a work jacket cleaning
allowance of $60.00 at the completion of each six (6) months of
service ending June 30th and December 31st. A proration of
$10.00/month may be given with the recommendation of the
department head and approval of the City Manager.
ARTICLE 4.9. SAFETY
The City of San Rafael is committed to providing a safe and
healthy place to work. The City shall furnish safety devices and
safeguards, and shall adopt and use methods and processes
adequate to ensure that the work place is safe and healthy.
Employees are expected to obey safety rules and make proper use
of safety gear and equipment. The City's safety policies and
procedures shall comply with all applicable state laws related to
a safe work environment.
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4.9.1. Hazardous Materials. Maintenance employees in the MAPE
unit will be provided with the necessary training associated with
what is termed first responder awareness level. First responders
at this level (awareness only) are those who are likely to
witness or discover a hazardous substance release and who have
been trained to initiate an emergency response operations level.
"Awareness" individuals take no action beyond notifying the
designated authorities of the release. The Deputy Fire Marshal
is the Hazardous Material Coordinator in San Rafael.
It is understood and agreed by both parties that maintenance
employees in this 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 4.10. MISCELLANEOUS
4.10.1 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 of the employee, the authorized
representative of the recognized employee organization may also
review that personnel file.
4.10.2 Confidential Nature of Medical Records. All
medical records and files are the property of the City of San
Rafael. These confidential records and files are to be
maintained in a file separate from the employee's personnel file
in the Personnel Office. Disclosure of such records shall be
governed by the Public Records Act, Government Code, Section
6250, et.seq.
4.10.3. Outside Employment. Shall be governed by the City's
Personnel Rules and Regulations.
4.10.4. Gratuities/Solicitation of Contributions. Shall be
governed by the City's Personnel Rules and Regulations.
4.10.5. Return of City Equipment. Upon termination of
employment, all tools, equipment, and other City property
assigned to an employee shall be returned.
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4.10.6. Political Activity. The political activity of City
employees shall comply with pertinent provisions of State and
Federal Law.
4.10.7. Employment of Relatives. Shall be governed by
the City's Personnel Rules and Regulations.
CHAPTER 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.
Disciplinairy 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
immediatly 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 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.
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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
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,
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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.
Racial harassment is defined as including but not limited to
verbal, or physical conduct of a racial nature, when such conduct
has the purpose or effect of affecting employment decisions
concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and
hostile working environment.
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ARTICLE 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
causing the grievance
grievance decision.
5.4.2. Procedure.
the day following the event
or the day following receipt of a
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
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
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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
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
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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.
(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 provided
in this Article.
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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 and responsibilities
assigned to the position or there is evidence that the majority
(50% or more) of the work being performed is not appropriate for
the position's current classification.
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 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.
26
4. Based upon the analysis and evaluation of a position, the
Personnel 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 reclassifications.
7. Reclassifications shall be effective the first of the
month following final approval of the action. Any
changes of pay as a result of the reallocation shall be
in accordance with the City's Personnel Rules and
Regulations in effect at the time.
ARTICLE 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).
5.6.1. Voluntary Time Off (VTO). The City, with M.A.P.E's
assistance, will develop and distribute to all employees during
the month of March (1993) a survey to determine who might be
interested in VTO and the extent to which that interest
translates into hours (cost savings) during the coming fiscal
year. 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.
27
1. An employee's VTO time would count in determining how
many hours of MTO an employee needed to take during the
fiscal year.
2. An employee selecting VTO would receive one half hour of
furlough induced Personal Leave time off for every hour of
VTO taken not to exceed the number of furlough induced
Personal Leave time off an employee scheduled for MTO would
receive (establishes a maximum cap of 5%). This furlough
induced Personal Leave time is to be taken as described in
5.6.2. (4.b.).
3. Employees who take VTO at a time other than when MTO is
taken by other employees will have to take vacation leave,
compensatory time off or leave without pay if the MTO
results in the closure of the department.
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). The City will attempt to schedule MTO time in blocks
of days (between Xmas and New Years) or individual days next to
scheduled holidays and/or weekends.
1. Employees may not take paid vacation time in lieu of
designated MTO time.
2. MTO time shall be considered time in pay status for the
accrual of leave and eligibility for holidays. MTO time
will not impact health, dental and life insurance benefits.
At this time MTO time will impact Marin County retirement
contributions; but if the Marin County Retirement System
changes its policy on this, the City will, effective the
first on the month following notice from the Marin County
Retirement System, make the necessary change in the
program's administration to correspond with the change in
the policy. Any employee who notifies the City no later
than 07-30-93 of their retirement date, and retires from the
Marin County Retirement System during FY 93-94, shall be
exempted from the MTO requirements. If said employee did
not retire during FY 93-94 as stated, said employee would be
docked in pay an amount equivalent to the number of MTO
hours taken by other represented employees.
3. MTO time shall apply toward time in service for step
increases, completion of probation, and related service
credit.
28
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five
percent (5%) reduction in work hours/pay for the
fiscal year. For each MTO hour deducted, the
involved employee shall be credited with a one half
hour added to a furlough induced Personal Leave
balance.
b. Personel Leave accrued through the MTO Program may
be taken beginning July 1, 1994, with supervisory
approval. Furlough induced Personel 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
shall be remitted by City, without delay, along with a list of
employees who have had said dues deducted.
W
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 absenses with a
duration of more than five (5) working days.
ARTICLE 6.3. MAINTENANCE OF MEMBERSHIP
Employees in the bargaining unit who are members of the Union on
the date this Memorandum of Understanding is executed shall
remain members during the period covered by this Agreement,
except that such employees may withdraw during a period not less
than sixty (60) days or more than ninety (90) days prior to the
expiration of this Agreement, pursuant to 6.3.2. Revocation.
6.3.1. Security Clause. An employee in any of the classes
represented by the Union, hired on or after December 5, 1983,
shall become a member, in good standing in the Union, except that
said employee may, within the first thirty (30) days of
employment, apply in writing to the City, with a copy to the
Union, for exemption, and such employee shall be so exempted.
6.3.2. Revocation. An employee currently a member or who
becomes a member who desires to revoke his/her authorization for
Union membership shall notify the Personnel Officer by mail of
such revocation during a period not less than sixty (60) nor more
than ninety (90) days prior to the expiration of this Agreement.
It is understood that if an employee does not revoke his/her
authorization for Union membership during the period specified
above, dues shall continue to be deducted from the employee's
earnings for the remaining term of this Agreement, without
further right to revocation.
6.3.3. Agency Shop Election. Between July 1, 1992 and July 31,
1992 an election will be conducted among the employees covered by
this Memorandum of Understanding to decide whether to accept the
following issue;
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.
30
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 checkoff 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.
Monies 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 checkoff 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.
CHAPTER 7. MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and
excusively, 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,
31
relocations 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 rights.
CHAPTER B. REDUCTION IN FORCE
ARTICLE 8.1 AUTHORITY
The Appointing Authority may lay off, without prejudice, any
regular employee because of lack of work or funds, or
organizational alterations, or for reasons of economy or
organizational efficiency.
ARTICLE 8.2 NOTICE
Regular employees designated for layoff or demotion shall be
notified in writing at least thirty (30) calendar days prior to
the anticipated date of termination or demotion. The employee
organization shall also be no notified.
32
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 classifications (s). The computation of seniority
for part-time employees will be credited on a pro rata basis
to full time service. Time spent on a City Manager approved
leave of absence without pay does not count toward
seniority.
b. If the seniority of two or more employees in the affected
classification or higher classifications(s) is equal,
departmental seniority shall be determinative.
C. If all of the above factors are equal, the date regular
status in City service is achieved shall be determinative.
d. If all of the above are equal, date of certification for
appointment shall be determinative.
ARTICLE 8.5 BUMPING RIGHTS
An employee designated to be laid off may bump into a class at
the same salary level, or into the next lower classification in
which such employee has previously held regular status. An
employee who is bumped, shall be laid off in the same manner as
an employee whose position is abolished.
ARTICLE 8.6 TRANSFER RIGHTS
The Personnel 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
33
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.
8.7.5. Probationary Status. Employees reappointed under the
provisions above will not be required to complete a new
probationary period if they had previously held permanent status
in the classification. Employees who had not completed their
probationary period shall serve the remainder of the probationary
period upon reappointment.
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.
34
Dated: February 16, 1993
MARIN ASSOCIATION OF PUBLIC EMPLOYEES
S.E.I.0 r Local 94
By
Steve O'Keefe
Executive Secretary
By Employee Representatives:
M
Jo n Cochrane
Mary 06 is
David Hattem
Terr X aus
Ka /en _Limb
Ki
n Masuda
Gr
William Tuikka
35
By
CITY OF SAN RAFAEL
q--tX__ f �`V4-
Su4,44ne Golt
f4sst : _City Manager
Da*! Chandler -'-
Personnel Director
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I
UN
EXHIBIT °C"
OVERTIME
(M.o.U. reference Article 4.2)
This Exhibit to the M.A.P.E. Miscellaneous M.O.U. shall clarify the
existing practice on overtime.
It has been a long standing practice within this Unit to record
overtime for any work done over an employee's normal work day. In
the past this has meant any time over seven and a half or eight
hours (depending on the employee's scheduled day).
With the establishment of a thirty-seven and a half hour work week
and seven and a half hour work day for all employees in this Unit
the current practice on overtime shall continue. Overtime shall
mean actual time worked beyond seven and a half hours per day.
Unless changed during the next Meet and Confer process this
language will be incorporated into the M.O.U. to be effective
07/01/93.
Steve O'Ree65.-
Executive Secretary
M.A.P.E.
t,-')� I( {�S Data J k
6 �
DaryChandler
Personnel Director
City of San Rafael
Date L"�