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Home My WebLink AboutCC Resolution 7206 (Police Dept Personnel)RESOLUTION NO. 7206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NOS. 6415, 6078, 5929, AND 6689 PERTAINING TO THE COM- PENSATION AND WORKING CONDITIONS FOR POLICE DEPART14ENT PERSONNEL AND APPROVING MEMORANDUM OF UNDERSTANDING WHEREAS, the City of San Rafael and the 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 21, 1985, and consisting of fourteen pages and Exhibits A, B, C, D, and E has been executed by duly authorized representatives for both parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: Section 1. From and after the date of adoption of this Resolution, the City of San Rafael and the San Rafael Police Association shall utilize the Memorandum of Understanding dated October 21, 1985, as the official document of reference respecting compensation and working conditions for Police Department personnel. Section 2. The schedules describing classes of positions and salary ranges attached in Exhibits A, B, C, D and E to said Memorandum of Understanding, together with the Memorandum of Understanding itself, are hereby adopted and both shall be attached hereto and incorporated in full. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City the 21st day of October , 1985, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom JEANA7LEONACINI, City Clerk MEMORANDUM OF UNDERSTANDING San Rafael Police Association I. TERMS This Agreement shall be in effect from July 1, 1985 through June 30, 1987. II. SALARIES A five percent (5%) across-the-board salary adjustment for all classifications shall be paid to all employees covered by this resolution effective July 1, 1985. A one percent (1%) across-the-board salary adjustment for all classifications shall be paid to all employees covered by this resolution effective January 1, 1986. A four percent (4%) across-the-board salary adjustment for all classifications shall be paid to all employees covered by this resolution effective July 1, 1986. A two percent (2%) across-the-board salary adjustment for all classifications shall be paid to all employees covered by this resolution effective January 1, 1987. III. MEDICAL INSURANCE The Police Association agrees to settle the current lawsuit regarding the medical clause in the 83-85 M.O.U. and accept the Council compromise offer of March 1985 (Exhibit A). As part of this 0 r Y I settlement it is also agreed that medical benefits for employees who retire after July 1, 1985, will not exceed the two party rate of the middle medical plan. It is further agreed that: Effective July 1, 1985, a maximum amount of $225.00 per month will be contributed toward the cost of each eligible employee's health, accident, life and disability insurace package. Selection of coverage must include the employee's basic health plan and $5,000 life insurance program offered by the City. The difference between the allotted amount and the cost of the individual's health and insurance plan costs will be paid to the employee to a maximum of one hundred dollars ($100.00). Effective December 1, 1986, the dollar amount contributed by the City toward medical insurance for eligible employees, as provided in the preceding paragraph, will be adjusted to $245.00. The City further agrees to pay actual cost of medical insurance premiums incurred by any member that exceeds $245.00, subject to a maximum equal to the family rate for the middle package as of January 1, 1987. The City agrees to pay, in cash, the unused portion of the $245.00, not to exceed $100.00 per member. IV. RETIREMENT CONTRIBUTION City agrees to payment of employees' contribution to the Marin County Retirement System, up to a maximum of seven percent (7%) of the employee's salary. - 2 - V. LONG-TERM DISABILITY INSURANCE City agrees to cooperate with and permit Police Bargaining Unit to withdraw from City's long-term disability plan to PORAC Plan so long as, and only if, such withdrawal is at no cost to City, either in additional cost of premiums to PORAC, or change in experience rating in City. VI. SICK LEAVE ACCUMULATION Upon termination of employment, by resignation, retirement or death, an employee hired prior to June 30, 1979, who leaves the municipal service in good standing, 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%) . By January 1, 1986, agree to develop a sick leave incentive plan for any employee hired after July 1, 1979. Both parties agree that if such agreement is not attained, neither party will have right to any claim against the other because of failure to reach agreement, and both parties agree to continue meeting, only with regard to the Sick Leave Program. It is further agreed that discussions in this regard will concern criteria only for this program and will not affect the agreed upon dollar value of this program. - 3 - VII. VACATION SIGN-UP 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. VIII. EDUCATIONAL INCENTIVE The educational incentive program now in existence for employees of the Police Department shall continue; payment for POST Intermediate Certificate and for Advanced Certificate shall be fixed at the following maximum amounts: Intermediate Advanced Certificate Certificate Sergeant $103.00 $149.00 Corporal 95.00 134.00 Officer 89.00 129.00 m Effective July 1, 1986, Intermediate Certificate and for Advanced Certificate shall be fixed at the following maximum amounts: Intermediate Advanced Certificate Certificate Sergeant $130.00 $180.00 Officer & Corporal 110.00 155.00 X. SHIFT CHANGES The parties hereto agree that changes in the days or hours of the regular work schedule of an employee shall entitle such employee to overtime compensation at the rate of time and one-half for any hours worked outside the employee's regular work schedule, unless - 4 - City shall have given employee seven (7) days notice of such change; provided, however, that no advance notice to employees by City of shift change shall be required and no overtime shall be required to be paid by City when shift changes occur as the result of work- related emergencies, multiple sicknesses, disabilities or injury, 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 to be paid. If sickness or injury is non -work related, then time and one- half is to be paid for hours spent outside employee's regular assigned shift. X. UNIFORM ALLOWANCE Uniformed members of the Police Department shall receive a uniform allowance in the amount of $200.00 at the completion of each six (6) months of service ending June 30 and December 31; a proration at the rate of $33.33 per month may be given for a portion of the first and last six (6) months of service upon recommendation of the Department Head and approval of the City Manager. Administrative and Investigative personnel who occasionally wear a uniform shall receive $125.00 at the completion of each six (6) months of service ending June 30 and December 31. Effective July 1, 1986, uniformed sworn members and PSA II shall receive $225.00 for six (6) months. Administrative/Service - 5 - and Investigation members shall receive $150.00. All other members shall receive $200.00 for each six (6) months. XI. DENTAL INSURANCE The City will provide a dental insurance program providing 100% coverage for diagnostic and preventive care, $25.00 deductible on corrective care (80/20) per patient per calendar year and orthodonic coverage (50/50). In the event that the rate is increased at any time after July 1, 1985 but before June 30, 1987, the City shall continue the program and shall pay the increased rate from the date of the increase for the term of this resolution. XII. ADDITIONAL PAY FOR POLICE DEPARTMENT 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 off at the rate of time and one-half. Upon accrual of five (5) days or forty (40) hours of overtime, members of the Police Department shall be paid at the rate of time and one-half of their established hourly rate. Notification by the Officer in Charge proposing that compensatory time be taken, or by the employee's requesting time off, on any specific date must be submitted not less than five (5) days in advance for the mutual agreement of both parties. Requests not submitted five (5) days in advance may be granted by the immediate supervisor. - 6 - Overtime shall be mandatory, but shall be administered in a non-discriminatory way. This will remain in effect unless and until it is found to be in conflict with the limits of Federal law (F.L.S.A.) b) Court Pay. Police Officers 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 shall receive a minimum of four (4) hours pay at overtime rate. Effective July 1, 1986, the Police Department will provide a telephone recording for Police employees to call, in order to learn whether a trial scheduled for the following day is still scheduled. 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 telephone recording 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 minimum of four (4) hours pay at the overtime rate. 7 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 by the Department and with the expectation that the full two (2) hours will be worked. d) Police Matron. Effective July 1, 1986, female employees who are requested to perform the duties of Police Matron shall receive a minimum of one hour of direct pay, in addition to their regular hourly rate of pay, for only actual time served in this capacity during a tour of duty or special duty. e) Shift Differential. A three percent (3%) shift differential will be paid for all non -sworn personnel working the swing shift (3:00 PM to 11:00 PM) and graveyard (11:00 Pm to 7:00 AM). This benefit shall not be considered an additional percentage on salary for personnel involved, but shall apply only to hours actually worked; e.g., benefit does not apply to sick leave, but does include overtime for those employees regularly assigned to the swing and graveyard shifts. PSA II's are not eligible for shift differential. Effective July 1, 1986, a three percent (3%) shift differential shall be paid to the swing shift (3:00 PM - 11:00 PM) and a five percent (5%) shift differential shall be paid to graveyard (11:00 PM - 7:00 AM). To receive this differential pay a person must be regularly scheduled and work 50% or more of their shift between the hours of 5:00 PM and 7:00 AM. Non -sworn employees assigned to work within those time periods on overtime or in - 8 - accordance with Section IX of this Agreement are specifically excluded from differential pay for those periods. f) The parties agree to meet and develop the criteria necessary for the implementation of a career incentive plan (i.e., evaluation policy) by June 30, 1986. Upon implementation of the plan on or after July 1, 1986, 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 patrol 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 assignment will be at the discretion of the Chief of Police and based upon the needs of the Department. The City agrees to implement a career incentive plan for the following classes of personnel, all members of the bargaining unit. �O� 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 recommendation 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 parties agree to continue meeting, only with regard to the Career Incentive Program. It is further agreed that discussions in this regard will concern criteria only for this program and will not affect the agreed-upon dollar value of this program. g) Holidays. The shift personnel in the Police Department, namely the Police Sergeant, Police Corporal, Police Officer, Communications Dispatcher and Police Cadet, are entitled to straight - 10 - time compensation for every holiday in each given year which all other City 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. h) Bilingual. A two percent (2%) salary increase for bilingual employees will be provided accordingly: Bilingual employees shall not exceed three (3) in number; to be approved by the City Manager on recommendation of the Police Chief; such Officers to be certified proficient in foreign language(s) by standards acceptable to the City and the Association; fluency in more than one foreign language shall not entitle employees to more than two percent (2%) increase in pay. Association agrees to periodic re -certification of proficiency in foreign language(s) so as to continue eligibility for increase in pay hereunder. Effective July 1, 1986, a five percent (5%) salary increase shall be paid - employees not to exceed six (6). Shift assignments and distribution of bilingual employees shall be at the discretion of the Department. i) SWAT Team. A two percent (2%) salary increase will be provided SWAT Team members while on actual emergency call -out conditions only. City to pay for equipment for SWAT Team members, provided members obtain prior approval of the Police Chief. Effective July 1, 1986, a five percent (5%) salary increase will be provided SWAT Team members while on actual emergency call - out conditions only. XIII. UNION RELEASE TIME Effective July 1, 1986, one hundred 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 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. - 12 - 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 conferring for a proposed Memorandum of Understanding between the parties to be effective on or after July 1, 1987. XVII. PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, ordinance or resolution, which are not specifically superseded by this 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. - 13 - 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. SAN RAFAEL POLICE ASSOCIATION By '��,��J A11101-1 Ward Hayter, PXesident By C Alan C. Davis Association Attorney Dated: - 14 - CITY OF SAN RAFAEL BY tG'G�f� Pamela J. N' of i Assistant City Manager EXHIBIT A PROPOSAL In order to acknowledge the difference in understanding of Section III of the San Rafael Police Association Memorandum of Understanding, and Section 2 , Paragraph 2 of the San Rafael Firemen's Association Memorandum of Understanding, we offer the following: Effective January 1, 1985, those employees whose medical coverage cost exceeds $187.00 per month will receive coverage of those medical costs up to a maximum of $235.00 per month. In no case will any employee receive an increase in payback, i.e., payback will continue to be based on a cap of $187.00 per month for the City contribution. This proposal will be in effect from January 1, 1985 through June 30 1985. It is further understood that the basis of negotiating the 1985-86 contracts will be the $187.00 per month contribution by the City, and that the above offer shall not obligate the City to pay any more than $187.00 per month beyond the effective date of any new contracts. 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