HomeMy WebLinkAboutCC Resolution 7656 (PD Personnel Compensation)RESOLUTION NO. 7656
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AMENDING RESOLUTION NOS. 5929,
6078, 6415, 6689 AND 7206, PERTAINING TO THE
COMPENSATION AND WORKING CONDITIONS FOR POLICE
DEPARTMENT PERSONNEL
WHEREAS, the City of 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 October 19,
1987, consisting of ten pages and Exhibits A, B, C and D 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
November 12, 1987, as the official document of reference respecting
compensation and working conditions for Police Department personnel.
Agreement shall be in effect from July 1, 1987 through and including
June 30, 1989.
Section Z. The schedules describing classes of positions
and salary ranges attached in Exhibits A, B, C and D 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 the 7th day of December 1987, by the following vote,
to wit:
AYES: COUNCILMEMBERS:Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS:None
I, City Cle k
t)jKjGj1NA-L
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL POLICE ASSOCIATION
I. TERMS
This agreement shall be in effect from July 1, 1987 through and
including June 30, 1989.
II. SALARY
A. Effective 7/1/87, a four percent (4%) salary increase for
all classifications covered by this Memorandum of
Understanding. (See Exhibit A)
B. Effective 7/1/87, adjust the Police Services Aide II clas-
sification to salary range P7A (approximate 2% increase in
addition to the 4% increase noted in Item No. A).
C. Effective 7/1/88, a three percent (3%) salary increase for
all classifications covered by this Memorandum of
Understanding. (See Exhibit B)
D. Effective 1/1/89, a two percent (2%) salary increase for all
classifications covered by this Memorandum of Understanding.
(See Exhibit C)
III. INSURANCES
A. Medical benefits for employees who retire after July 1, 1985
will not exceed the two party rate of the middle medical
plan (or mean average of the two middle medical plans if
applicable).
B. 1. Effective 7/1/87, a maximum of $245 per month will be
contributed by the City toward the cost of each eligible
employee's health, accident, life and disability (City or
P.O.R.A.C. Plan) insurance package. Selection of coverage
must include the employee's basic health plan and the $5,000
basic life insurance program offered by the City.
2. Effective 12/1/87 for an implementation date of 1/1/88,
a maximum of $255 per month will be contributed by the City
toward the cost of each eligible employee's health, acci-
dent, life and disability (City or P.O.R.A.C. Plan)
insurance package. Selection of coverage must include the
employee's basic health plan and the $5,000 basic life
insurance program offered by the City.
3. Effective 12/1/88, for an implementation date of 1/1/89,
the City agrees to pay the actual cost of medical insurance
premiums only incurred by any member that exceeds $255 per
month, subject to a dollar amount equivalent to the average
premium increase for the family plan option for the health
IV.
V.
maintenance organization (H.M.O.) groups, up to a maximum
additional dollar contribution by the City of $10.00 per
month. (See Exhibit D for examples of how to calculate City
contribution.)
Both parties agree that this agreement relates only to any
increase in medical premium rates experienced based upon the
medical plan year of 1/1/88 through 12/31/88, which would be
effective 1/1/89. The average increase of the H.M.O.'s
premium increase shall be calculated by adding the dollar
amount of increases imposed upon each of the H.M.O. family
plan options and dividing the total by the number of the
H.M.O. plans in place at that time.
In the event that no medical premium increases occur, or
such increases do not cause a member to incur over $255 per
month in medical premiums, it is agreed that no additional
dollar contribution by the City will be required.
C. The difference between the allotted amount ($255) and the
cost of the employee's health, accident, life and disability
insurances will be paid back to the employee up to a maximum
payback of one hundred dollars ($100) per month.
D. Effective 3/1/88, the City agrees to facilitate the addition
of the Health Plan of the Redwoods (H.M.O.) health plan
contingent upon ten (10) or more eligible members enrolling
in this plan. Membership in the Health Plan of the Redwoods
will be made available in a special open enrollment period
for Police employees only, in January, 1988.
E. Effective 12/1/87 for an implementation date of 1/1/88, the
City agrees to add the $3.00 prescription option for all
eligible, represented employees in the Kaiser health plan.
Any enrollment change cards associated with this change in
the Kaiser coverage for P.O.A. members will be facilitated
during the open enrollment period in November 1987.
RETIREMENT CONTRIBUTION
A. The City agrees to pay the employee's contribution to the
Marin County Retirement System up to a maximum of seven
percent (7%) of the employee's salary.
DENTAL INSURANCE
A. The City will provide a dental insurance program providing
100% coverage for diagnostic and preventative care, $25.00
deductible on corrective care (80/20) per patient per calen-
dar year and orthodontic coverage (50/50). The City shall
continue the current or comparable program and shall pay any
increased premium rate increases from the date of the in-
crease for the term of this Memorandum of Understanding.
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VI. ADDITIONAL PAY FOR REPRESENTED POLICE EMPLOYEES
A. Overtime.
All represented employees who are required to work in excess
of their basic work week during any one week shall accrue
compensatory time (C.T.) at the rate of time and one-half.
Upon accrual of forty (40) hours of C.T. employees shall be
paid at the rate of time and one-half of their regular
established hourly rate for all overtime hours worked.
Both parties agree that any changes in the overtime provi-
sions of this M.O.U. are subject to the meet and confer
process.
Compensatory 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 Police Chief 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 Police Chief or his designee.
B. 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 6:00
PM on the last court day preceding the scheduled appearance
date of employee. Police employees will be responsible for
calling the Department after 6:00 PM. 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 mini-
mum of four (4) hours pay at the overtime rate.
C. 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
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D.
by the Department and with the expectation that the full two
(2) hours will be worked.
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 within 24 hours notice. Any order not cancelled
within 24 hours of the beginning time will remain in effect
as defined below.
Employees on standby status shall remain fit for duty and
within a maximum forty five (45) minute response time of the
San Rafael Police Department during the time they are on
standby.
Employees shall be compensated at one half (1/2) pay for the
hours they are on standby.
E. Police Matron.
Female employees who are requested to perform the duties of
Police Matron 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 spe-
cial duty.
F. Shift Differential.
The following shift differentials apply to represented non -
sworn employees from the inception of this agreement and
commence for represented sworn employees effective 1/1/88.
1. A three percent (3%) shift differential shall be paid
for all represented employees working the swing shift
(3:00 PM to 11:00 PM).
2. A five percent (5%) shift differential shall be paid for
all represented employees working the graveyard shift
(11:00 PM to 7:00 AM).
3. To receive the shift differential pay, the employee must
be regularly scheduled and work 50% or more of their
shift between the hours of 5:00 PM and 7:00 AM.
4. Employees assigned to work the swing or graveyard shift
time periods on overtime or in accordance with Section
X, 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
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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.
G. Career Incentive Plan.
The parties agree to meet and develop the criteria necessary
for a career incentive plan (i.e., evaluation policy) by
June 30, 1988.
Upon implementation of the plan on or after July 1, 1988, no
further promotions to the position of Police Corporal will
be made. Members who hold that rank will retain all rights
and privileges that they currently enjoy for seven years
from the date of implementation of the plan. On the seventh
year anniversary date, their pay will become "Y" rated and
they will receive no further salary increases until their
pay equals that of a Police Officer of the same step. On
the anniversary of the seventh year those corporals will
become patrol officers and will be inserted into the patrol
roster by seniority vis a vis other patrol officers.
The City will establish a program for selection of Field
Training Officers. They will be paid five percent (5%)
above their salary while engaged in training. Shift assign-
ment will be at the discretion of the Chief of Police and
based upon the needs of the Department.
The City agrees to implement the career incentive plan for
the following classes of personnel: all members of the
bargaining unit.
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 years after attaining E Step in
their respective pay grade and the following minimum
requirements:
Incentive Minimum Requirements
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 recommenda-
tion of supervisor, documented in an evaluation and with the
concurrence of the Chief of Police. The incentive(s) will
be awarded for a period of one year and will be subject to
review at each anniversary date. Incentives will be paid in
a separate check quarterly on March 15, June 15, September
15, and December 15.
Both parties agree that if such agreement is not attained,
neither party will have the right to any claim against the
other because of failure to reach agreement, and both
- 5 -
parties agree to continue meeting, only with regard to the
Career Incentive Program. It is further agreed that dis-
cussions in this regard will concern criteria only for this
program and will not affect the agreed-upon dollar value of
this program.
H. Holidays.
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.
I. Bilingual Pay.
A five percent (5%) bilingual pay differential shall be paid
to designated bilingual employees under the following
provisions:
1. The total number of bilingual employees, sworn and non -
sworn, shall not exceed ten (10).
2. Employees must be certified as proficient in a language
deemed to be of work-related value to the Police
Department as determined by the Police Chief and ap-
proved by the City Manager by established standards.
Fluency in more than one foreign language does not
entitle an employee to more than the 5% bilingual pay
differential. Both parties agree to periodic recer-
tification of proficiency to continue eligibility for
the bilingual differential.
3. Shift assignments and distribution of bilingual
employees shall be at the discretion of the Police
Chief .
J. Special Response Team (S.R.T.)
Effective 7/1/87, the City agrees to pay $50.00 per emer-
gency call -out to S.R.T. members. City to pay for equipment
for S.R.T. members, provided members obtain prior approval
of the Police Chief.
VII. SICK LEAVE ISSUES
A. 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%) .
B. The City and the P.O.A. agree to develop a Sick Leave
Incentive Plan by 3/1/88 for employees hired after 7/1/79.
- 6 -
The Sick Leave yearly usage record on which incentive pay-
ments are based shall begin on 12/1/87. The plan is to be
based upon the sick leave usage of all the classifications
represented by the P.O.A. It is agreed that examination of
how such a plan may relate to those hired after 7/1/79 will
be examined and evaluated. Both parties agree that if
agreement on a Sick Leave Incentive Plan is not obtained by
3/1/88 neither party shall have a right to any claim against
the other, and both parties agree to continue meeting in an
effort to develop the plan.
VIII. VACATION SIGN-UP
IX.
X.
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.
EDUCATIONAL INCENTIVE
The Educational Incentive Program for sworn employees of the
Police Department offers monthly payment for P.0.S.T.
Intermediate and Advanced Certificates as follows:
Classification
Police Sergeant
Police Officer and
Police Corporal
SHIFT ISSUES
Intermediate
Certificate
$130.00
110.00
Advanced
Certificate
$180.00
155.00
A. Changes in the days or hours of the regular work schedule of
an employee shall entitle such employee to overtime compen-
sation 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; multiple sicknesses, disabilities or
injuries; 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.
B. Both parties agree that, at the discretion of the Police
Chief, alternative work schedules which include a total of
2080 annual working hours if mutually agreed to may be
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implemented for designated periods of time for all repre-
sented employees for the life time of this Memorandum of
Understanding.
XI. UNIFORM ALLOWANCE
A. Uniformed, sworn employees and Police Service Aide IIls and
Parking Enforcement Officers shall receive $225.00 for each
six (6) months of service ending June 30 and December 31.
B. Administrative/ Service and Investigation employees shall
receive $150.00 for each six (6) months of service.
C. All other represented Police employees shall receive $200.00
for each six months of service ending June 30 and December
31.
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 designees.
E. Both parties agree to meet and develop the criteria neces-
sary for a uniform program by June 30, 1988 for a program
which entails the City providing uniforms and uniform main-
tenance for employees which, if agreed to, would eliminate
the designated allowance each six months. Both parties
agree that failure to develop such a uniform program will
not result in the right to any claim against either party.
XII. CITY-WIDE CLERICAL CLASSIFICATION STUDY
Both parties agree to meet and confer about any pertinent
proposed changes which are included in the City-wide clerical
classification and salary study which impact classifications in
the Police Department. It is anticipated that this study will
be concluded approximately December 1, 1987.
XIII. UIQ I ON RELEASE TIME
One hundred (100) hours per year shall be provided for union
release time, apart from MMB activity, with ten days advance
notice and approval of the Department Head. Any additional
hours shall be granted only with 10 days advance notice and
approval of the Department Head.
XIV. EXISTING LAWS, REGULATIONS AND POLICIES
This Memorandum of Understanding is subject to all applicable
laws.
XV. STRIKES AND LOCKOUTS
During the term of this Memorandum of Understanding, 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
- 8 -
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.
XVI. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. The parties jointly represent to the City Council that this
Memorandum of Understanding 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, nor as to wages or
fringe benefits during the period of the term of this
Memorandum of Understanding. 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 confer-
ring for a proposed Memorandum of Understanding between the
parties to be effective on or after July 1, 1989.
XVII. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which
have previously been adopted through rules, regulations, or-
dinance 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.
XVIII.CONTINUING NEGOTIATIONS
The City shall continue to meet and confer with representatives
of the Association concerning modifications to the Personnel
Rules with the intention of resolving said issues.
XIX. SEVERABILITY
If any article, paragraph or section of this Memorandum of
Understanding shall be held to be invalid by operation of law,
or by any tribunal of competent jurisdiction, or if compliance
with or any enforcement of any provision hereof be restrained by
such tribunal, the remainder of this Memorandum of Understanding
shall not be affected thereby, and the parties shall enter into
meet -and -confer sessions for the sole purpose of arriving at a
mutually satisfactory replacement for such article, paragraph or
section.
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XX. 7/1/89 M.O.U. NEGOTIATIONS
Both parties agree to begin the meet and confer process no
earlier than April 1, 1989, and no later than April 30, 1989,
regarding the terms and conditions applicable to a Memorandum of
Understanding effective 7/1/89. The process will be initiated
by the San Rafael Police Association through the submittal of
upcoming contract requests it wishes to be considered.
SAN RAFAEL POLICE ASSOCIATION
OCIATION
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11
EXHIBIT D
EXAMPLES OF CALCULATING AVERAGE H.M.O. INCREASE AND ADDITIONAL CITY
CONTRIBUTION (Up to a cap of $10.00/mo.)
Example 1.
Kaiser Family Plan
Take Care Family Plan
Redwoods* Family Plan
Rate as of
Nov. 1987
$207.63
235.40
265.00
Possible
% Increase
$16.61
18.83
21.20
$56.64
$56.64 = 3 Plans = $18.88 average increase. City would pay an addi-
tional $10.00 per month to those whose medical premium is in excess of
$255 per month only.
Varying
Example 2. % Increases
Kaiser Family Plan $207.63 $16.61 (8% increase)
Take Care Family Plan 235.40 11.77 (5% increase)
Redwoods Family Plan 265.40 6.63 (2 1/2% increase)
$28.38
$28.38 j 3 Plans = $9.46 average increase. City would pay an addi-
tional $9.46 per month to those whose medical premium is in excess of
$255 per month only.
Example 3.
Kaiser Family Plan $207.63 $10.37 (5% increase)
Take Care Family Plan 235.40 23.54 (10% increase)
Redwoods Family Plan 265.40 -- (0 increase)
$33.91
$33.91 = 3 Plans = $11.30 average increase. City would pay an addi-
tional $10.00 per month to those whose medical premium exceeds $255
per month only.
* Health Plan of Redwoods -- Proposed will be available 3-1-88 contin-
gent upon 10 or more enrollees.