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HomeMy WebLinkAboutResolution No. 6078RESOLUTION NO. E078 A RESOLUTION OF THE CITY COU14CIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 5929 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL WHEREAS, there appear to exist certain inconsistent provisions in the City Resolution 5929 and that certain Memorandum of Under- standing dated June 30, 1979, executed by and between City and the San Rafael Police Association; and WHEREAS, City and San Rafael Police Association have met and conferred with regard to such inconsistencies and determined to correct same through adoption by reference of the terms and provisions of the Memorandum of Understanding referred to above; and WHEREAS, in pursuit of said common goal, it is necessary that City Resolution 5929 be amended, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: Section 1. Resolution 5929, consisting of five (5) pages, and adopted July 7, 1979, is hereby amended insofar as the same may be inconsistent with any term or provision of that certain Memorandum of Understanding, dated June 30, 1979, consisting of one (1) page, and six (6) pages attached Exhibit "A"; Section 2. From and after the date of adoption of th{is resolution, City and the San Rafael Police Officers Association shall utilize the Memorandum of Understanding dated June 30, 1979, as the official document of reference respecting compensation and working conditions for Police Department personnel; Section 3. The schedule describing classes of positions and salary ranges attached as Exhibit "A" -to City Resolution 5929, is hereby adopted as an exhibit to the Memorandum of Understanding and both shall be attached hereto and incorporated in full. RESOLUTION NO. 6078 p. 2 I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution. was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday the 6th day of April , 1981, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None A. _ VNNE M. LEONCINI, City Clerk MEMORANDUM OF UNDERSTANDING WHEREAS, authorized representatives of the CITY OF SAN RAFAEL, a chartered city (hereinafter referred to as "City''), and authorized representatives of the SAN RAFAEL POLICE ASSOCIATION, the recognized employee organization representing various employees of the San Rafael Police Department (hereinafter referred to as "Association"), 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 Act, the matters set forth in Exhibit "A" constitute the written Memorandum of Agreement between the City and the Association and shall apply to all employees represented by the Association, to w -it: all employees of the Police Department, except the Police Chief, captains, lieutenants, and the secretary to the Police Chief. IT IS FURTHER AGREED that this Memorandum of Understanding is subject to the approval of the San Rafael City Council. Dated: June 30, 1979. SAN RAFAEL POLICE ASSOCIATION By By Bob Buck, By esicien ssociation Negotiator Exhibit y'' OF SAN RA AEL Gary 7JRagg[Aanti Special Counsel I. TERM. This Agreement shall be in effect from July 1, 1979, through June 30, 1982. II. SALARY. Effective July 1, 1979, a salary increase of eight percent (81o) shall be paid to all employees covered by this Agreement and shall be applied across the board to all classifications, steps and ranges. Effective July 1, 1980, a salary increase of six percent (670) shall be paid to all employees covered by this Agreement and shall be applied across the board to all classifications, steps and ranges. Effective July 1, 1981, a salary increase of six percent (6(1/o) shall be paid to all employees covered by this Agreement and shall be applied across the board to all classifications, steps and ranges. III. MEDICAL INSURANCE. Effective July 1, 1981, City agrees to pay any increase in premiums in health insurance, to a maximum of fifteen percent (1516) above the 1979/ 1980 fiscal year premium. IV. RETIREMENT CONTRIBUTION. Effective July 1, 1979, City agrees to payment of employees' contribution to Marin County Retirement System, up to a maximum of four percent (4%) of the employee's salary. 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 PORAL Plan so long as, 71,iI,;l 'roil - hn.ryr. I. and only if, such withdrawal is at no cost to City, either in additional cost of premiums to PORAC, or changein experience rating to City. VI. SICK LEAVE ACCUMULATION AND ELIMINATION FOR NEW EMPLOYEE' Upon termination of employment, by resignation, retirement or death, an employee who leaves the municipal service in good standing shall receive compensation for all accumulated unused sick leave based upon the rate of three percent (39/o) for each year of service, to a maximum of fifty percent (50%). Commencing July 1, 1979, no new employee of the Police Department shall be entitled to payment for accrued sick leave benefits as set forth hereinabove. VII. EDUCATIONAL INCENTIVE. The educational incentive program now in existence for employees of the Police Department shall continue; provided, however, that, effective July 1, 1979, payment for POST Intermediate Certificate and for Advanced Certificate shall no longer be a percentage of employee salary, but shall rather be fixed at the following maximum amounts: Intermediate Certificate Advanced Certificate Sergeant $94.00 $ 135. 00 Corporal 86.00 122.00 Office r 81.00 117.00 VIII. 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 City shall have given employee Exhibit ''A'' - Page 2. 1� r. 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 emergencies, multiple sicknesses, disabilities or injury, or at the specific request of an employee. IX. PERSONNEL RULES. Association agrees to and hereby does, adopt the City's Personnel Rules and Regulations in the form attached hereto and incorporated herein as Exhibit "13". No changes shall be made by City in the Personnel Ordinance, Rules or Regulations without prior meeting and conferring in good faith with the A s s ociation. X. UNIFORM ALLOWANCE Uniformed members of the Police Department shall receive a uniform allowance in the amount of $150.00 at the completion of each six (6) months of service ending June 30 and December 31; a proration at the rate of $25. 00 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 $100.00 at the coi-rlpletion of each six (6) months of service ending June 30 and December 31; a�{K•e�a-t� � �` ''�- -- . � e gi v e n av.-i F1 e F1 -nei-r,&43-ove. XI. DENTAL INSURANCE. City agrees to pay any increased rate in connection with the Dental Insurance pro.2ram carried by California Dental Service, Program III A, Exhibit "A" - Page 3. as presently being offered by City to employees, from the date of any such increase and for the term of this Agreement. XII. 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. 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 two (2) 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 three (3) hours pay at overtime rate. The provisions of this section shall become effective July 1, 1980. XIII. EXISTING LAWS, REGULATIONS AND POLICIES. This Memorandum is subject to all applicable laws. XIV. STRIKES AND LOCKOUTS. During the term of this Memorandum, the City agrees that it will not lock out employees, and the Association agrees that it will not encourage or approve any str`�':ce or slowdown growing out of any dispute relating to the terms Exhibit ''A'' - Page 4. r- A 1_ J2 I7 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. XV. 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. 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, 1982. XVI. 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. Exhibit ''A'' - Page 5. J? - XVII. ''MOST FAVORED NATION'' CLAUSE. In the event that the City Council grants to any employees represented by a recognized employee organization (within the meaning of the Meyers- Milias-Brown Act) any benefits greater than those salary increases granted to the employees represented by the Association, this Memorandum of Understanding shall automatically be amended so as to provide that the employees represented by the Association shall receive the same level of greater or more favorable increases, retroactive to the date that they are granted to the employees represented by any other recognized employee organization. This paragraph shall remain in full force and effect for the term of this Memorandum of Understanding. XVIII. SEVERABILITY. If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall enter into meet -and - confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for suc(z article, paragraph or section. Dated: June F 1979. SAN RAFAEL POLICE ASSOCIATION CITY JOY SAN RAFAEL By By YL t. . President Oary T. agghianti Special Counsel By _ Bob uck, Association Negotiator Exhibit ''A'' Paec 6 -of -6 T, l P.O. Box 4058 Santa Rosa, California 95402 Phone (707) 528-3126 June 22, 1979 Mr. Gary T. Ragghianti Special Counsel City of San Rafael 1534 5th Avenue San Rafael, California 94901 Dear Gary: The purpose of this letter is to memorialize the intent of the San Rafael Police Association regarding Section IX of the Memorandum of Understanding between the City of San Rafael and the Association dated June 30, 1979. As expressed at the bargaining table, the Association has serious concerns relative to certain provisions of the Personnel Rules. We did agree to the adoption of the rules, primarily to get the matter off dead center, the intent being to meet and confer as soon as practicable. i `Tn Ehin nad i n'-'einvn Eoa the 14re rLirhte 4n .ri44 us to Sincerely, Bob Bucic, for San Rafael Police Association -c ?'r f C:,:: ----,• s'�"/ S �/' `v"9 . agr r By " SLC. C� City of San Rafael E X H I B I T 11611 (A) Effective July 1, 1981, the following classes of positions and lary ranges are hereby created for Police Department Personnel: alary A B C D E nge No. Title 1727 1810 1903 P -15a 1506 1575 1649 1727 1810 1931 2021 2125 -17 Police Sergeant 1465 P-10 1931 2021 2125 -17 Police Inspector P -7a 1071 1727 1810 1903 -15a Police Corporal 1506 1575 1649 1727 1810 -14a Police Officer 1506 1575 1649 1727 1810 -14a Park Ranger 1048 1097 1145 P -4a 919 -10 Communications Dispatcher 1223 1280 1340 1340 1399 1399 1465 1465 -10 Property Clerk 1223 1097 1280 1145 1201 1251 1307 _7a Police Secretary Of 1071 1119 1170 1223 1280 -7 Parking Enforcement 1048 1097 1145 1201 1251 '-6a Police Stenographer —6a Police Records Clerk 1048 - 1097 1048 1145 1097 1201 1145 1251 1201 -Sa Police Typist Clerk II 1004 959 1004 1048 1097 1145 11-4a Police Clerk 919 959 1004 1048 1097 P -3a Police typist p Clerk I 807 845 886 923 966 PY Police Cadet Salary Schedule 1931 2021 2125 P-17 1727 1810 1903 P -15a 1506 1575 1649 1727 1810 -14a 1223 1280 1340 1399 1465 P-10 1097 1145 1201 1251 1307 P -7a 1071 1119 1170 1223 1280 P-7 1048 1097 1145 1201 1251 P -6a 1004 1048 1097 1145 1201 P -5a 959 1004 1048 1097 1145 P -4a 919 959 1004 1048 1097 P -3a 807 845 886 923 966 PY E X H I B I T "B" (A) Effective July 1, 1980, the following classes of positions and salary ranges are hereby created for Police Department Personnel: Salary Range No. Title A B C D E P-17 Police Sergeant 1629 1708 1822 1907 2005 P-17 Police Inspector 1629 1708 1822 1907 2005 P -15a Police Corporal 1382 P -7a 1629 1708 1795 P -14a Police Officer 1421 1486 1556 1629 1708 P -14a Park Ranger 1421 1486 1556 1629 1708 P-10 Communications Dispatcher 1154 1208 1264 1320 1382 P-10 Property Clerk 1154 1208 1264 1320 1382 P -7a Police Secretary 1035 1080 1133 1180 1233 P-7 Parking Enforcement Officer 1010 1056 1104 1154 1208 P -6a Police Stenographer 989 1035 1080 1133 1180 P -6a Police Records Clerk 989 1035 1080 1133 1180 P -5a Police Typist Clerk II 947 989 1035 1080 1133 P -4a Police Clerk 905 947 989 1035 1080 P -3a Police typist Clerk I 867 905 947 989 1035 Py Police Cadet 761 797 836 871 911 Salary Schedule P-17 1822 - .-1907 2005 P -15a 1629 1708 1795 P -14a 1421 1486 1556 1629 1708 P-10 1154 1208 1264 1320 1382 P -7a 1035 1080 1133 1180 1233 P-7 1010 1056 1104 1154 1208 P -6a 989 1035 1080 1133 1180 P -5a 947 989 1035 1080 1133 P -4a 905 947 989 1035 1080 P -3a 867 905 947 989 1035 Py 761 797 836 871 911 E X H I B I T 118" (A) Effective July 1, 1979, the following classes of positions and salary ranges are hereby created for Police Department Personnel: Salary 1641 1718 1806 P -15a Range No Title A B C D E P-17 Police Sergeant 1468 1539 1641 1718 180 P-17 Police Inspector 1245 P -7a 1641 1718 180 P -15a Police Corporal P-7 910 1468 1539 161 P -14a Police Officer 1280 1339 1402 1468 153 P -14a Park Ranger 1280 1339 1402 1468 153 P-10 Communications Dispatcher 1040 1088 1139 1189 124 P-10 Property Clerk 1040 1088 1139 1189 12', P -7a Police Secretary 932 973 1021 1063 111 P-7 Parking Enforcement Officer 910 951 995 1040 108 P -6a Police Stenographer 891 932 973 1021 106 P -6a Police Records Clerk 891 932 973 1021 106 P -5a Police Typist Clerk II 853 891 932 973 102 P -4a Police Clerk 815 853 891 932 97 P -3a Police Typist Clerk I 781 815 853 891 93 Py Police Cadet 686 718 753 785 82 Salary Schedule P-17 1641 1718 1806 P -15a 1468 1539 1617 P -14a 1280 1339 1402 1468 1539 P-10 1040 1088 113.9 1189 1245 P -7a 932 973 1021 1063 1111 P-7 910 951 995 1040 1088 P -6a 891 932 973 1021 1063 P -5a 853 891 932 973 1021 P -4a 815 853 891 932 973 P -3a 781 815 853 891 932 Py 686 718 753 785 821