HomeMy WebLinkAboutHR Marisa Nietogomez Probation ExtensionSIDELETTER AGREEMENT BETWEEN SRFA AND THE CITY OF SAN RAFAEL TO
EXTEND THE PROBATIONARY PERIOD OF MARISA NIETOGOMEZ
This Agreement is entered into as of August 9, 2019, by and between the CITY OF SAN RAFAEL
("City") and SAN RAFAEL FIREFIGHTERS' ASSOCIATION ("SRFA"), collectively ("the PARTIES"). The
Agreement shall be effective when signed by the duly authorized representative of the City ("effective
date").
WHEREAS, Marisa Nietogomez ("NIETOGOMEZ") was hired as a Firefighter (2126) with a date of hire of
May 1, 2018; and
WHEREAS, pursuant to section 1.1.1 of the Memorandum of Understanding between the CITY and SRFA
("MOU"), the position of Firefighter is represented by SRFA for all labor relations matters; and
WHEREAS, pursuant to MOU section 6.6.3 Length of Probationary Period, NIETOGOMEZ'S probationary
period was set to expire at midnight on April 30, 2019; and
WHEREAS, NIETOGOMEZ was out on a Workers' Compensation injury from February 5, 2019 through
May 21, 2019, returned to work on a 67.5% FTE modified duty schedule beginning May 22, 2019, and
was released to full duty on July 5, 2019; and
WHEREAS, pursuant to MOU section 6.6.5 Extension of Probationary Period, the probationary period for
any SRFA employee may be extended in the case of extended illness of injury for the length of time the
ill or injured employee was unable to work; and
WHEREAS, NIETOGOMEZ's probationary period has been extended to midnight on August 31, 2019 as
allowed per the SRFA MOU; and
WHEREAS, being out from active duty for several months NIETOGOMEZ was not able to complete the
required physical probationary training and testing,
WHEREAS, the CITY desires to give NIETOGOMEZ and her supervisor an additional 2 months to allow her
to complete the required testing and assess whether she should pass probation;
NOW THEREFORE, the PARTIES agree as follows:
1. The foregoing recitals, including the representations made therein, are hereby incorporated into
the terms of this Agreement.
2. If, by October 31, 2019, NIETOGOMEZ is unable to successfully complete the Probationary
Firefighter testing process as outlined per San Rafael Fire Department policy, NIETOGOMEZ will
immediately be released from probation.
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3. Notwithstanding MOU section 6.6.5 Extension of Probationary Period, NIETOGOMEZ's
probationary period as a Firefighter in the San Rafael Fire Department is hereby extended for a
period of 2 months, through October 31, 2019 This extension of probation is non -precedential
and applies only to NIETOGOMEZ due to the inability to fully assess her performance due to the
release from probation of her prior supervisor during her probationary period.
4. This extension will provide NIETOGOMEZ additional time to perform the full range of
responsibilities and demonstrate her ability to more fully and consistently meet outlined
expectations for this position. These expectations will be discussed with NIETOGOMEZ in person
in a meeting with her current supervisor.
5. With this extension, NIETOGOMEZ's probationary period is now scheduled to end at midnight
on October 31, 2019.
6. The PARTIES agree that except for the agreement to extend the probationary period and amend
the restrictions in 6.6.5 with regard to NIETOGOMEZ, all other provisions of the MOU remain
valid and enforceable. Including, but not limited to, section 6.6.7, Regular Status and section
6.6.4 Rejection During Probation.
7. The PARTIES agree that this agreement is not subject to the grievance process and that any
decision to release NIETOGOMEZ during the extended probationary period is also not
appealable or subject to the grievance process.
WHEREFORE, the parties evidence their agreement by entering their signatures below.
City of San Rafael
By:
Jimchu , Ci4Mae
Attest: p
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Lindsay Lara, City Clerk
Approved as to Form:
Robert F. Epstein, City Y A me v
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SRFA
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Human Resources
Project Manager: Sylvia Gonzalez Extension: Click here to enter text.
Contractor Name: SRFA
Contractor's Contact: Contact's Email: Click here to enter text.
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
N/A
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
❑
N/A
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
❑
2
City Attorney
a. Review, revise, and comment on draft agreement
N/A
and return to Project Manager
N/A
❑
b. Confirm insurance requirements, create Job on
Department Director
PINS, send PINS insurance notice to contractor
❑
3
Approval of final agreement form to send to
N/A
❑
contractor
N/A
❑
4
Project Manager
Forward three (3) originals of final agreement to
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
N/A
PRINT
Project Manager
Date of City Council approval
CONTINUE ROUTING PROCESS WITH HARD COPY
8/8/19
6
Forward signed original agreements to City
SG
City Attorney
Attorney with printed copy of this routing form
7
Review and approve hard copy of signed
p 11 n
agreement
v ( `7
!
8
City Attorney
Review and approve insurance in PINS, and bonds
�J
for Public Works Contracts
9
City Manager / Mayor
Agreement executed by City Council authorized
Q �{
official
O f
10
City Clerk
Attest signatures, retains original agreement andQ
forwards copies to Project Manager