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HR San Rafael Police Association MOUMEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL POLICE ASSOCIATION JUL Y 1, 2018 - JUNE 30, 2020 )1-I(") - TABLE OF CONTENTS I GENERAL PROVISIONS......................................................................................................................1 1.1. INTRODUCTION...........................................................................................................................................1 1.1.1. Scope of Agreement........................................................................................................................... l 1.1.2. Term of MOU.......................................................................................................................................1 1.2. RECOGNITION.............................................................................................................................................1 1.2.1. Bargaining Unit....................................................................................................................................1 1.3. NON-DISCRIMINATION................................................................................................................................1 1.3.1. In General.............................................................................................................................................1 1.3.2. Bargaining Unit Discrimination..........................................................................................................2 1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING...............................................................................2 1.5. EXISTING LAWS, REGULATIONS & POLICIES............................................................................................2 1.6. STRIKES & LOCKOUTS...............................................................................................................................2 1.7. SEVERABILITY............................................................................................................................................2 1.8. PREVAILING RIGHTS...................................................................................................................................2 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER.....................................................................................2 1.9.1. Understanding.....................................................................................................................................2 1.9.2. Waiver & Modification.........................................................................................................................2 2 MMBA...........................................................................................................................................................3 2.1. BARGAINING UNIT RIGHTS.........................................................................................................................3 2.1.1. Bargaining Unit Stewards Designation............................................................................................3 2.1.2. Release Time.......................................................................................................................................3 2.1.3. Association Orientation of New Employees....................................................................................3 2.1.4. Employee Information.........................................................................................................................3 2.2. DUES DEDUCTION......................................................................................................................................3 2.2.1. Collection of Dues...............................................................................................................................3 2.2.2. Dues Collection during Separation from Employment...................................................................3 2.3. MANAGEMENT RIGHTS...............................................................................................................................3 2.4. COMMENCEMENT OF NEGOTIATIONS.........................................................................................................4 3 COMPENSATION.....................................................................................................................................5 3.1. GENERAL WAGES AND COMPENSATION...................................................................................................5 3.1.1. Pay Dates.............................................................................................................................................5 3.1.2. General Wage Increases...................................................................................................................5 3.1.3. One -Time Payments...........................................................................................................................5 3.1.4. Definitions.............................................................................................................................................5 3.1.5. Compensation Plan.............................................................................................................................6 3.1.6. Fair Labor Standards Act...................................................................................................................6 3.2. STEP INCREASES.......................................................................................................................................6 3.2.1. Entry Level Step..................................................................................................................................6 3.2.2. Consideration for Step Increases.....................................................................................................6 3.2.3. Merit Increases....................................................................................................................................6 3.3. ADDITIONAL PAY........................................................................................................................................6 3.3.1. Shift Differential Pay...........................................................................................................................6 3.3.2. Court Pay.............................................................................................................................................7 3.3.3. Call Back Pay......................................................................................................................................7 3.3.4. Educational Expense Reimbursement.............................................................................................7 3.3.5. Certificate Incentive............................................................................................................................8 3.3.6. Bilingual Pay........................................................................................................................................8 3.3.7. Uniform Allowance..............................................................................................................................9 3.3.8. Special Weapons and Tactics (SWAT) Team................................................................................9 3.3.9. Hostage Negotiations Team (HNT)..................................................................................................9 3.3.10. Field Training Officer(FTO).............................................................................................................10 3.3.11. Motor Officer Pay..............................................................................................................................10 3.3.12. Major Accident Investigation Team................................................................................................10 3.3.13. Crime Scene Investigator (CSI)......................................................................................................10 3.3.14. Self -Defense and Tactics (SDA T) & Firearms Instructor Pay....................................................10 3.3.15. Detective Pay.....................................................................................................................................10 SRPA MOU 2018-2020 3.3.16. Out of Class Pay...............................................................................................................................11 3.3.17. Canine Handler Pay..........................................................................................................................11 4 BENEFITS.. ...............................................................................................................................................15 4.1 EMPLOYEE BENEFITS COMMITTEE..........................................................................................................1 1 4.2 HEALTH & WELFARE...............................................................................................................................1 1 4.2.1 Full Flex Cafeteria Plan......................................................................................................................... 11 4.2.2 Retirees Health Insurance....................................................................................................................12 4.2.3 Health and Dependent Care Spending Accounts.............................................................................13 4.3 PERS HEALTH INSURANCE BENEFITS....................................................................................................13 4.4 DENTAL PLAN..........................................................................................................................................13 4.5 VISION PLAN.............................................................................................................................................13 4.6 LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT...........................................................13 4.7 LONG TERM DISABILITY POLICY..............................................................................................................13 4.8 RETIREMENT.............................................................................................................................................14 4.8.1 Retirement Contribution........................................................................................................................14 4.8.2 Retirement Plans...................................................................................................................................14 4.8.3 Member Cost of Living Rates...............................................................................................................14 4.8.4 Pension Costs........................................................................................................................................15 5 LEAVES.....................................................................................................................................................15 5.1 SICK LEAVE..............................................................................................................................................15 5.1.1 Eligibility..................................................................................................................................................15 5.1.2 Sick Leave Accrual................................................................................................................................15 5.1.3 Use of Sick Leave..................................................................................................................................15 5.1.4 Advance of Sick Leave..........................................................................................................................15 5.1.5 Service Credit for Sick Leave...............................................................................................................15 5.1.6 Compensation for Unused Portion......................................................................................................16 5.2 VACATION LEAVE.....................................................................................................................................16 5.2.1 Eligibility..................................................................................................................................................16 5.2.2 Rate of Accrual.......................................................................................................................................16 5.2.3 Administration of Vacation Leave........................................................................................................16 5.2.4 Vacation Sign-up....................................................................................................................................17 5.2.5 Vacation Cap..........................................................................................................................................17 5.2.6 Vacation Cash-In...................................................................................................................................17 5.3 HOLIDAYS.................................................................................................................................................17 5.4 OTHER LEAVE..........................................................................................................................................18 5.4.1 Bereavement Leave..............................................................................................................................18 5.4.2 Jury Duty.................................................................................................................................................18 5.4.3 Military Leave.........................................................................................................................................18 5.4.4 Leave of Absence Without Pay............................................................................................................18 5.4.5 Industrial Injury Leave...........................................................................................................................18 5.4.6 Medical Leave of Absence...................................................................................................................19 5.4.7 Absence without Authorized Leave.....................................................................................................19 5.4.8 Catastrophic Leave................................................................................................................................19 6 TERMS & CONDITIONS OF EMPLOYMENT.............................................................................19 6.1 HOURS OF WORK/FLSA WORK PERIOD................................................................................................19 6.1.1 Alternate Work Weeks..........................................................................................................................20 6.1.2 Shift Rotation..........................................................................................................................................21 6.1.3 Patrol Briefing.........................................................................................................................................22 6.1.4 Employee Break and Meal Periods.....................................................................................................22 6.2 OVERTIME.................................................................................................................................................22 6.2.1 Overtime.................................................................................................................................................. 22 6.2.2 Requests for Compensatory Time Off................................................................................................23 6.3 SHIFT CHANGES.......................................................................................................................................23 6.4 PROBATIONARY PERIOD..........................................................................................................................23 6.4.1 Purpose of Probation.............................................................................................................................23 6.4.2 Length of Probationary Period.............................................................................................................23 6.4.3 Rejection During Probation..................................................................................................................24 SRPA MOU 2018-2020 6.4.4 Extension of Probationary Period........................................................................................................24 6.4.5 Notification of Rejection or Extension.................................................................................................24 6.4.6 Regular Status........................................................................................................................................24 6.4.7 Promotion of Probationary Employee.................................................................................................24 6.4.8 Unsuccessful Passage of Promotional Probation.............................................................................24 6.5 PERSONNEL RULES & REGULATIONS.....................................................................................................24 6.5.1 Employer -Employee Resolution..........................................................................................................24 6.5.2 Drug and Alcohol Policy........................................................................................................................24 6.5.3 Outside Employment Policy.................................................................................................................25 6.5.4 Harassment Policy.................................................................................................................................25 6.5.5 Wireless Communication Policy..........................................................................................................25 6.5.6 Medical Standards.................................................................................................................................25 6.5.7 Temporary Light Duty Policy Statement.............................................................................................25 6.5.8 Reinstatement........................................................................................................................................27 6.6 MISCELLANEOUS......................................................................................................................................27 6.6.1 Gratuities/ Solicitation of Contributions..............................................................................................27 6.6.2 Retum of City Equipment......................................................................................................................27 6.6.3 Political Activity.......................................................................................................................................27 6.6.4 Employment of Relatives......................................................................................................................27 6.6.5 Labor/ Management Advisory Meetings............................................................................................27 6.6.6 Gym Membership Reimbursement.....................................................................................................27 7 PROCEDURES........................................................................................................................................27 7.1 DEMOTION & SUSPENSION......................................................................................................................27 7.1.1 Demotion.................................................................................................................................................27 7.1.2 Suspension.............................................................................................................................................28 7.2 TERMINATION OF EMPLOYMENT..............................................................................................................28 7.2.1 Resignation.............................................................................................................................................28 7.2.2 Termination - Layoff...............................................................................................................................28 7.2.3 Termination - Disciplinary Action.........................................................................................................28 7.2.4 Retirement..............................................................................................................................................28 7.3 DISCIPLINARY ACTION.............................................................................................................................28 7.3.1 Right to Discipline & Discharge...........................................................................................................28 7.3.2 Appeals....................................................................................................................................................29 7.3.3 City Manager and Arbitration...............................................................................................................29 7.4 GRIEVANCE PROCEDURE.........................................................................................................................30 7.4.1 Definition.................................................................................................................................................30 7.4.2 Initial Discussions..................................................................................................................................30 7.4.3 Referral to the City Manager................................................................................................................30 7.4.4 City Manager and Arbitration...............................................................................................................30 7.4.5 No Abridgement of Other Rights of Appeal........................................................................................30 7.4.6 Pay Claims..............................................................................................................................................31 7.4.7 Matters Excluded from the Grievance Procedure of the Memorandum of Understanding .........31 7.5 POSITION RECLASSIFICATION..................................................................................................................31 7.6 REDUCTION IN FORCE..............................................................................................................................31 7.6.1 Notice.......................................................................................................................................................31 7.6.2 Order of Layoff.......................................................................................................................................31 7.6.3 Re -Employment Eligibility List..............................................................................................................31 LIST OF EXHIBITS Exhibit A Salary Schedule for July 1, 2018 — June 30, 2020 Exhibit B Canine Program Side Letter SRPA MOU 2018-2020 iii MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL POLICE ASSOCIATION The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representative unit, 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, 2018 and ending June 30, 2020. 1 GENERAL PROVISIONS 1.1. INTRODUCTION 1.1.1. Scope of Agreement The salaries, hours, fringe benefits, and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein -after called "CITY") and the San Rafael Police Association (herein -after called "ASSOCIATION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein. In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the Personnel Ordinance, Rules and Regulations, Administrative Procedures, and regulations and directives of the Police Department. 1.1.2. Term of MOU This agreement shall be in effect from July 1, 2018 through June 30, 2020. 1.2. RECOGNITION 1.2.1. Bargaining Unit The City hereby recognizes the Association as the bargaining representative for the purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the San Rafael Police Association Bargaining Unit (as referenced in Exhibit A attached). New classifications developed by the City and determined to be appropriately included in the Bargaining Unit, shall be assigned a wage scale by the City. The City will forward to the Association the new classification and wage scale. The wage scale for the new classification shall then be subject to the meet and confer process. 1.3. NON-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 disability. Any employee who believes they are being discriminated against should refer to the City of San Rafael's Harassment Policy for the process of receiving an internal administrative review of their complaint. This administrative procedure shall be used as the internal complaint procedure in lieu of SRPA MOU 2018-2020 the grievance procedure outlined in this MOU (Article 7.4). Nothing contained in this subsection shall limit an employee's rights under the Police Officer Bill of Rights and/or the disciplinary review and appeal procedure outlined in this MOU. 1.3.2. Bargaining Unit Discrimination No member, official, or representative of the Association shall in any way suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Association. 1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING Both the City and the Association agree to keep duplicate originals of this agreement on file in a readily accessible location available for inspection by any City employee, or member of the public, upon request. 1.5. EXISTING LAWS, REGULATIONS & POLICIES This MOU is subject to all applicable laws. The City agrees to meet and confer with the Association on proposed changes to policies or procedures that impact bargaining rights. 1.6. STRIKES & LOCKOUTS During the term of this MOU, 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. 1.7. SEVERABILITY If any article, paragraph or section of this MOU 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 MOU 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 1.8. 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 MOU, shall remain in full force and effect throughout the term of this Agreement. 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER 1.9.1. Understanding The parties jointly represent to the City Council that this MOU sets 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 during the period of the term of this MOU. 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 to meeting and conferring for a proposed MOU between the parties to be effective on or after July 1, 2020. SRPA MOU 2018-2020 2 MMBA 2.1. BARGAINING UNIT RIGHTS 2.1.1. Bargaining Unit Stewards Designation The Association shall, by written notice to the City Manager, designate certain of its members as Employee Representatives. Association representatives who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation, collective bargaining, or grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services. Such employee representatives shall submit through the Police Department chain of command a written request for excused absence to the Police Chief at least forty-eight (48) hours prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed three (3). 2.1.2. Release Time Two hundred (200) hours per calendar year shall be provided for union release time, apart from MMB activity, with ten days advance notice and approval of the Police Chief. Any additional hours shall be granted only with ten days advance notice and approval of the Police Chief 2.1.3. Association Orientation of New Employees Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Association, the City will provide the new employee with a copy of the current Memorandum of Understanding. The City shall make available two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Association. In addition, the City will also provide reasonable advance notice to the Association of all employee orientations conducted by the City. 2.1.4. Employee Information The City shall provide the Association with the name, job title, department, work location, work, home and personal cell phone numbers, home address and personal email address on file with the City for all employees within the Association every 120 days. In addition, a report with similar information of each Association new hire will be provided to the Association within 30 days of the hire date. 2.2. DUES DEDUCTION 2.2.1. Collection of Dues City agrees, upon written consent of the employee involved, to deduct dues, as established by the Association, from the salaries of its members. The sums so withheld shall be remitted by City along with a list of employees who have had said dues deducted. 2.2.2. Dues Collection during Separation from Employment The provisions specified in this section shall not apply during periods of separation from the representative 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 representative Unit. The term separation includes transfer out of the Unit, layoff, and leave without pay absences with duration of more than 30 calendar days. 2.3. MANAGEMENT RIGHTS The City reserves, retains, and is vested with, solely and exclusively, 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: SRPA MOU 2018-2020 z 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or non-existence of facts which are the basis of the management decision. 3. To determine the necessity of organization or any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means technology, and extent of services to be provided to the public. 5. Methods of financing. 6. Types of equipment or technology to be used. 7. 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. 8. To determine and change the number of locations, re -locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. 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. 10. To relieve employees from duties for lack of work or similar non -disciplinary reasons. 11. To establish and modify productivity and performance programs and standards. 12. 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. 13. To determine job classifications and to reclassify employees. 14. To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this Memorandum of Understanding and the City's Personnel Rules and Regulations. 15. To determine policies, procedures and standards for selection, training, and promotion of employees. 16. To establish employee performance standards including, but not limited to quality and quantity standards; and to require compliance therewith. 17. To maintain order and efficiency in it facilities and operations. 18. 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. 19. To take any and all necessary action to carry out the mission of the City in emergencies. The City and the Association agree and understand that if, in the exercise of 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 Myers/Milias/Brown Act and case law interpreting said Act; or Federal law, the City shall have the duty to meet and confer with the Association regarding the impact of its decision/exercise of rights. 2.4. COMMENCEMENT OF NEGOTIATIONS It is mutually agreed to begin the Meet and Confer process no later than the first Monday in February, regarding the terms and conditions applicable to successor MOUs. The process will be initiated by the San Rafael Police Association through the submittal of upcoming contract requests it wishes to be considered. SRPA MOU 2018-2020 3 COMPENSATION 3.1. GENERAL WAGES AND COMPENSATION 3.1.1. Pay Dates 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 previous day of regular business unless the Finance Division is unable to complete the payroll by that work day, in which case the pay day will be the day following the holiday. The method of the distributing payroll shall be established by the Finance Division. During the term of this Agreement, the City may institute a change of the payroll schedule from 24 pay cycles per year to 26 pay cycles per year, providing the City gives the association six months' notice. 3.1.2. General Wage Increases Base salary increase shall be defined as an increase to general wages, excluding any benefit increases. Salary increases for all bargaining unit positions are established based on the base hourly rates set forth in the table attached as Exhibit A and included as part of this MOU. For the term of this agreement, the following base salary increases shall be applied on the identified effective date: Effective the first full pay period following City Council ratification of a new MOU, the City will increase base wages for all employees by 2.0%. Effective the pay period including July 1, 2019, the City will increase base wages for all employees by 2.0%. 3.1.3. One -Time Payments The following one-time, non -pensionable payments are limited to the two years cited in this agreement and are not scheduled to recur in the future. Employees represented by the bargaining group will receive a one-time, non -pensionable payment of $8,000 split as follows: 1. Effective the pay period including January 1, 2019, a one-time, non -pensionable payment of $5,000 in exchange for the elimination of section 3.4, Revenue Sharing. This payment will not contribute to Classic or PEPRA employees' pensions and is subject to normal payroll taxation; and 2. Effective the pay period including January 1, 2020, a one-time payment of $3,000 in exchange for the elimination of section 3.4, Revenue Sharing. This payment will not contribute to Classic or PEPRA employees' pensions and is subject to normal payroll taxation. The one-time payments for part-time employees will be prorated based on the full-time equivalent (FTE) of the position. For example, an employee filling a half-time or 0.5 FTE position will receive a $2,500 one-time, non -pensionable payment in the pay period including January 1, 2019, minus applicable taxes and a $1,500 one-time, non -pensionable payment in the pay period including January 1, 2020. This payment will not contribute to Classic or PEPRA employees' pensions. 3.1.4. Definitions Total Compensation shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer's contribution towards employees' share of retirement, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts. SRPA MOU 2018-2020 Either Party may prepare total compensation surveys in support of labor negotiations. The City will prepare total compensation surveys both with and without the employer's retirement contribution included in the computation. The City and the Association shall review the benchmark and related survey data for accuracy and completeness. 3.1.5. Compensation Plan The Compensation Plan adopted by the City Council shall provide for salary schedules, base hourly 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 persons entering the classified service shall be compensated in accordance with the salary plan then in effect. 3.1.6 Fair Labor Standards Act The Parties shall continue to discuss changes to ensure the City's compliance with the FLSA. The Parties understand that the City has the management right to administer its payroll system in compliance with the law and also understand that all impacts of any resulting changes to employee compensation must be negotiated with SRPA. The City does not believe that any changes will lead to wage reductions for employees and the City will provide an offset if that occurs. 3.2. STEP INCREASES 3.2.1. Entry Level Step Beginning July 1, 2018, all initial employment shall be at the entry level step for the base hourly pay rate as indicated in Attachment A. The City Manager or his/her designee may authorize, upon the recommendation of the Police Chief, a position at an appropriate higher salary when, in his/her opinion, it is necessary in order 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 beginning salary in excess of the first step. Initial employment appointments above Step C will require City Manager Approval. 3.2.2. Consideration for Step Increases An employee may be considered for a step increase in accordance with their anniversary date and the parameters of the base hourly pay rate schedule. Advancement to a higher base hourly rate within the schedule may be granted for continued improvements and efficient and effective service by the employee in the performance of his/her duties. Base hourly rate advancement shall be made only upon the recommendation of the Police Chief, with the approval of the City Manager or their designee, and are not automatic, but based on acceptable work performance. Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Police Chief and approval of the City Manager. 3.2.3. Merit Increases Employees at the maximum step of their base hourly pay rate may be granted a merit pay award of up to five percent (5%) above and beyond their base hourly pay rate. A merit pay award may be effective for up to one (1) year. A merit pay award when expired is not a disciplinary action and is not appealable. Merit pay awards may be granted in recognition of meritorious performance beyond the scope of regular duties and in response to extraordinary conditions. 3.3. ADDITIONAL PAY 3.3.1. Shift Differential Pay A three percent (3%) shift differential shall be paid for all represented employees regularly scheduled to work fifty percent (50%) or more of their shift after 1500 hours. SRPA MOU 2018-2020 G A five percent (5%) shift differential shall be paid for all represented employee regularly scheduled to work fifty percent (50%) or more of their shift after 2200 hours. Employees assigned to work the swing or graveyard shift time periods on overtime or in accordance with Article 6.3, Shift Changes, are excluded from shift differential pay for those time periods. 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 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. 3.3.2. Court Pay If a police employee receives a subpoena requiring them, in the course and scope of their official employment, to appear in court or other official hearing other than during their regular tour of duty or shift of hours, they shall receive a minimum of two (2) hours pay at the overtime rate. "Other than during their regular tour of duty or shift hours" shall include vacation and compensatory time off. The employee shall submit the required documentation (copy of subpoena and overtime slip) for all related court pay on or immediately after the actual court appearance or after date of cancellation. If such appearance commences during the employee's regular tour of duty or shift of hours and continues beyond the normal completion time of the employee's regular tour of duty or shift of hours, then the employee will be compensated at the overtime rate for the actual time spent beyond the normal completion time of said tour/shift. If an employee receives more than one subpoena for the same scheduled time, he/she will receive the minimum time frame rate only once. The Police Department will provide appearance information for police employees. The department will be responsible for having such information available, when known, by 1800 hours. If the matter is not canceled by 1800 hours, on the court day preceding the appearance date, an employee shall receive one (1) hour pay at the overtime rate. Time spent at the appearance shall be compensated at the overtime rate. Nothing in the provision shall be construed to mean that the Association agrees in any way to any method of "flex scheduling." 3.3.3. Call Back Pay Call-back pay shall be provided at one and one-half times the regular rate with a three (3) hour minimum whenever required by the Department and with the expectation that the full three (3) hours will be worked. At no time will the minimum compensation overlap with a regularly scheduled work assignment. 3.3.4. Educational Expense Reimbursement The Educational Expense Reimbursement Program shall apply to all employees of the Police Department represented by this contract who have completed a total of two (2) or more continuous years of full time service with the San Rafael Police Department. The Educational Expense Reimbursement Program shall relate to the completion of college credits while off-duty for job-related courses, awarded from an accredited community college or an accredited college or an accredited university. Job-related courses are defined as those which contribute to current job performance or prepare the employee for other City positions, including but not limited to obtaining bilingual skills. An eligible employee who takes a job-related course during off-duty hours at an accredited institution of learning (see above) shall be eligible to receive reimbursement for the costs of tuition, fees, and course materials, up to a maximum of $1,500 per fiscal year. The employee will be eligible for this SRPA MOU 2018-2020 reimbursement upon the successful completion of the course and upon the employee having achieved a grade of "Pass" or "C" or better. In order for the eligible employee to qualify for reimbursement, the employee must: a. Chief of Police or designee Approval — Prior to enrollment, the employee must receive the written approval of the department director or designee concerning the particular course. The decision of the department director shall be final. To be approved by the department director, the department director must find that the course is job-related after reviewing the request, which briefly describes why the employee believes the course to be job-related. b. Reimbursement Request — Provided that the Chief of Police finds that the course is job-related and approves the employee's request, the employee shall submit a request for reimbursement to the City Manager or designee that includes a copy of the employee's course grade, the receipts for all course expenses, and a total amount requested for reimbursement. c. City Manager or designee Approval — The City Manager or designee shall approve the employee's request for reimbursement provided that the employee has prepared the request in compliance with this program. To ensure that the City receives adequate benefit from the increased education of the educational expense reimbursement recipients, the following table of time worked after completion of course work shall apply to all recipients who terminate employment with the City of their own volition. Time between receiving reimbursement and termination of employment Percentage of tuition reimbursement to be repaid to the City Up to 12 months 100% Between 12 months and 18 months 50% Over 18 months 0% 3.3.5. Certificate Incentive The Certification Incentive Program for all employees of the Police Department offers monthly payment for POST Certification as follows: Effective January 1, 2007 the payment for POST Intermediate or Advance Certification to Police Officer, Police Corporal or Police Sergeant shall be: Intermediate Certificate 3.0% increase to base hourly pay rate Advanced Certificate 5.0% increase to base hourly pay rate Effective with the pay period start date of January 1, 2007 the payment for POST certificates for Communication Dispatcher, Dispatch Supervisor or Civilian Supervisor shall be: Public Safety Dispatcher Certificate 3.0% increase to base hourly pay rate Records Supervisory Certificate 5.0% increase to base hourly pay rate 3.3.6. Bilingual Pay Expert Fluency Proqram. A ten percent (10%) pay incentive shall be paid to up to ten (10) designated bilingual employees (sworn or non -sworn). Full Fluency Program. A five percent (5%) bilingual pay incentive shall be paid to up to ten (10) designated bilingual employees (sworn or non -sworn). SRPA MOU 2018-2020 Conversational Fluency Program. Effective July 1, 2006, a two and one-half percent (2.5%) pay incentive shall be paid to up to thirty-five (35) designated bilingual employees (sworn and non -sworn). Within the limits established in the first three paragraphs of this section, to qualify for the Expert or Full or Conversational Programs, 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 approved by the City Manager by established standards. It is agreed that the City will meet and confer with the Association in order to establish standards for the Expert Fluency Program with the understanding that the standards will focus on external testing and/or certification satisfactory to the Police Chief. Full or conversational proficiency certification may be obtained by passing a standardized departmental test (to be developed by the department) or a Fluency Certification of Completion from a departmental conversational test, or obtaining a conversational certification issued by an agency or other vendor approved by the Police Chief. Fluency in more than one foreign language does not entitle an employee to more than one of the bilingual pay categories. Both parties agree to re -certification of proficiency every three (3) years at the department's expense and discretion to continue eligibility for the bilingual differential. The City shall provide initial certification testing and testing to advance to a higher program level each year if there are candidates who are both interested and qualified. Employees may acquire certification during the intervening periods at their own expense. Shift assignments and distribution of bilingual employees shall be at the discretion of the Chief of Police. 3.3.7. Uniform Allowance Each of the following represented classification will receive a uniform allowance for each six (6) months of service ending June 30 and December 31 as follows: Effective July 1, 2018 3.3.8. Special Weapons and Tactics (SWAT) Team Police Department personnel assigned to the Special Weapons and Tactics (SWAT) Team shall receive additional compensation amounting to two and one-half percent (2.5%) of their base hourly pay rate. Team members shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 3.3.3). The City will pay for the equipment for SWAT team members, provided members obtain prior approval of the Chief of Police. Employees shall be appointed to a five-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. 3.3.9. Hostage Negotiations Team (HNT) Police Department personnel assigned to the Hostage Negotiations Team (HNT) Team shall receive additional compensation amounting to one percent (1%) of their base hourly pay rate. Team members shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 3.3.3). Employees shall be appointed to a five-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. SRPA MOU 2018-2020 Classification Semi - Annual Annual A. All sworn employees, Police Service Specialist $730.00 $1,460.00 B. All other represented employees $325.00 $650.00 C 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. 3.3.8. Special Weapons and Tactics (SWAT) Team Police Department personnel assigned to the Special Weapons and Tactics (SWAT) Team shall receive additional compensation amounting to two and one-half percent (2.5%) of their base hourly pay rate. Team members shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 3.3.3). The City will pay for the equipment for SWAT team members, provided members obtain prior approval of the Chief of Police. Employees shall be appointed to a five-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. 3.3.9. Hostage Negotiations Team (HNT) Police Department personnel assigned to the Hostage Negotiations Team (HNT) Team shall receive additional compensation amounting to one percent (1%) of their base hourly pay rate. Team members shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 3.3.3). Employees shall be appointed to a five-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. SRPA MOU 2018-2020 3.3. 10. Field Training Officer (FTO) a. The Police Department has established a program for selection of Field Training Officers. Field Training Officers and the Field Training Program Supervisor shall receive additional compensation amounting to two and one-half percent (2.5%) of their base hourly pay rate while assigned to the Patrol Division and shall receive an additional two and one-half percent (2.5%) while engaged in training of new Police Officers and Community Service Officers. Shift assignment will be at the discretion of the Chief of Police and based upon the needs of the Department. All other sworn personnel assigned as Field Training Officers will be paid five percent (5%) above their base hourly pay rate while engaged in training of new Police Officers and Community Service Officers. b. Non -sworn personnel may be formally assigned, in writing, to train employees in their new job classifications. For actual hours spent training this new employee, during the specified training period, the assigned trainer will be paid five percent (5%) above their base hourly pay rate. c. Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. 3.3.11. Motor Officer Pay Police Department personnel assigned to the following duty shall receive additional compensation amounting to five percent (5%) of their base hourly pay rate: Operation of a solo -motorcycle for more than 50% of his/her work month. 3.3.12. Major Accident Investigation Team Tier 1 MAIT personnel on the Department's call -out list shall receive additional compensation amounting to one percent (1%) above their base hourly pay rate. All MAIT Personnel shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 3.3.3) Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. 3.3.13. Crime Scene Investigator (CSI) Crime Scene Investigators on the Department's call -out list and the Supervisor shall receive additional compensation amounting to one percent (1%) above their base hourly pay rate. All Crime Scene Investigators shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 3.3.3). Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. The three-year term shall not apply to Community Service Officers. 3.3.14. Self -Defense and Tactics (SDAT) & Firearms Instructor Pay The Police Department has established a program for selection of Self -Defense and Tactics (SDAT) & Firearms Instructors. Self Defense and Tactics (SDAT) or Firearms Instructors shall receive additional compensation amounting to two and one-half percent (2.5%) above their base hourly pay rate. Anyone that is a Self -Defense and Tactics (SDAT) Instructor and also a Firearms Instructor will be eligible for only a total of two and one-half percent (2.5%) and not a compounded five percent (5%). Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. The three-year term shall not apply to Community Service Officers. 3.3.15. Detective Pay Sworn personnel assigned to the Support Services Divisions Investigations Unit shall receive additional compensation amounting to five percent (5%) above their base hourly pay rate. Unit SRPA MOU 2018-2020 10 members shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 3.3.3). 3.3.16. Out of Class Pay Police Services Specialists assigned in writing by their supervisor to work as a Communications Dispatcher shall be compensated at a rate 5% greater than the employee's current base hourly pay rate. The out -of -class increase shall be retroactive to the first day of the assignment and based on hours actually worked in the higher classification. 3.3.17. Canine Handler Pay The parties agree to initiate a Canine Handler Program at a time to be determined by the Police Department. Officers assigned to and participating in the canine program shall receive additional compensation amounting to 5% above their base hourly pay rate subject to the restrictions stated in the attached Canine Handler Program Side Letter. 4 BENEFITS 4.1 EMPLOYEE BENEFITS COMMITTEE Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of benefit programs, cost containment and cost savings options. The Committee shall be made up of representatives of the SEIU, SEIU-Childcare, Western Council of Engineers, Local 1 — Confidential, Police Association, Police Mid -Management, Fire Association, Fire Chief Officers Association, Management, and Mid -Management employees. The Employee Benefits Committee may make recommendations for changes to existing benefits. However, changes to benefits identified in this agreement shall only occur after the City and Association have mutually agreed to meet and confer on such changes and have completed the meet and confer process, including impasse resolution. There shall be no change to any benefits that are subject to the meet and confer process provided in this Memorandum of Understanding absent the specific, written agreement of the Association and completion of the meet and confer process. 4.2 HEALTH He WELFARE 4.2.1 Full Flex Cafeteria Plan Effective January 1, 2010, the City implemented a full flex cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City's full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan. Effective January 1, 2018, the monthly flex dollar allowance shall be: For employee only: $ 758.08 For employee and one dependent: $1,517.19 For employee and two or more dependents: $1,972.45 The flex dollar allowances shall increase on the December 15th paycheck up to a maximum of three percent (3.0%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) Minimum Employer contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. The monthly flex dollar allowance (including the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income. SRPA MOU 2018-2020 11 Conditional Opt -Out Arrangement: An employee may elect to waive the City's health insurance coverage and receive a $300 monthly Opt -Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions: 1) The employee certifies that the employee and all individuals in the employee's tax family for whom coverage is waived have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City's annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee's tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee's tax family lose coverage under the alternative Minimum Coverage Plan. 3) The employee understands that the City is legally required to immediately stop conditional opt -out payments if the City learns that the employee and/or members of the employee's family do not have the alternative Minimal Essential Coverage. The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal and/or California agency guidance. 4.2.2 Retirees Health Insurance Employees represented by the Association who retire from the Marin County Employees' Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City's retiree group health insurance program offered through PEMHCA. The City's contribution towards retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. A. Employees hired before January 1, 2010 The City shall make a monthly retiree health insurance payment on behalf of employees hired before January 1, 2010 and who retire from the City of San Rafael as described in this section. The City's monthly payment shall be the difference between the premium cost of coverage minus the PEMHCA minimum contribution. The City's total payment (PEMHCA minimum contribution plus additional cost of retiree premiums) shall be $386 per month. The City's retiree health insurance contribution shall continue for the lifetime of the retiree and retiree's spouse, in accordance with PEMHCA eligibility provisions for coverage. B. Employees hired on or after January 1, 2010 and who meet the eligibility requirements for retiree health insurance are eligible to continue in the City's group health insurance program. The City's maximum contribution towards retiree coverage under this subsection, 4.2.3b, shall be the PEMHCA minimum contribution as determined by CaIPERS on an annual basis. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree's spouse, registered domestic partner, or dependents upon the employee's retirement from the City in excess of the PEMHCA minimum contribution as required by CalPERS. The City shall additionally make available a retiree health care trust to enable these employees to prefund retiree health care premiums while employed by the City. The retiree health care trust shall be funded by annual conversion of 50 hours of sick time in service on July 1 of each year, provided an employee has a remaining balance of 75 hours of sick leave after the conversion. SRPA MOU 2018-2020 12 4.2.3 Health and Dependent Care Spending Accounts City will offer as part of its Section 125 Plan for as long as such a plan is desired by the Association and available pursuant to the IRS Code a Health and Dependent Care Spending Accounts. The Flexible Spending Accounts offered by the City include: a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS Code effective January 1, 2013 at IRS Code limit, not to exceed $ $2,500. Employees are responsible to pay the monthly administrative fee and any increase established by the third - party administrator. b. Dependent Care Spending Accounts: Dependent care expenses that qualify under the IRS Code at the IRS Code limit. Employees are responsible to pay the monthly administrative fee and any increase established by the third -party administrator. c. Premium Only Plan: Excess Medical premiums shall be deducted from employee's pay with pre-tax dollars as long as such deduction is allowable under the applicable IRS Code. City shall establish an annual enrollment period and each employee must re -enroll annually for either plan noted in Section 4.2.3. a. and/or b. 4.3 PERS HEALTH INSURANCE BENEFITS Upon reasonable advance notice to the Association, the City shall have the option of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits for active or retired employees from those benefits available under the PERS program; and provided further such contracting shall not cause a material increase in premiums for either the City or the employees. There shall be no requirement for the City to meet and confer upon the City's exercising the option described above in accordance with the provisions of this paragraph. 4.4 DENTAL PLAN The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care, $25 deductible on corrective coverage (80/20) per eligible patient per calendar year, 80/20 cost sharing for cast, crowns and restorations, and orthodontic coverage (50/50) within the limits prescribed in the Group Plan document. The City shall continue the current or comparable program and shall pay any increased premium rate increases from date of the increase for the term of this MOU The maximum benefit amount is $1,500 per person per Calendar Year. 4.5 VISION PLAN The City will contract for a vision plan for employee only vision benefits. Employees will be eligible to enroll qualified family members and will pay the premium costs for such enrollment. 4.6 LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT Effective January 1, 2010, the City shall be responsible for paying premiums for a life insurance and Accidental Death and Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a $5,000 life insurance and a $5,000 AD&D benefit. 4.7 LONG TERM DISABILITY POLICY An employee shall have the option to fund a PORAC Long -Term Disability policy with after-tax income. In lieu of the City sponsored LTD plan, the City will pay an annual $100 lump sum payment minus applicable taxes to each employee. This lump sum payment will be made in the first pay period in December of each year of this MOU. SRPA MOU 2018-2020 1 4.8 RETIREMENT 4.8.1 Retirement Contribution Bargaining unit members shall pay the full share of the employee's contribution to the Marin County Retirement System. Effective the pay period including September 1, 2013, all current and "PEPRA" ("classic" and "new") bargaining unit members shall contribute an additional 1% of pensionable compensation to MCERA, over and above the employee's contribution noted above. 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. 4.8.2 Retirement Plans The City shall provide the Marin County Employee Retirement Association 3% at 55 -retirement program to all safety members, as defined under the 1937 Act Government Code Section 31664, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This shall be based on an employee's single highest year of compensation. The City shall provide the Marin County Employee Retirement Association 2.7% at 55 -retirement program to all miscellaneous members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This shall be based on an employee's single highest year of compensation. Safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 3%@55 calculated based on the average of their highest three years of compensation, with a 2% COLA benefit cap. Non -safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2%@55 calculated based on the average of their highest three years of compensation, with a 2% COLA benefit cap. Safety employees hired on or after January 1, 2013 who are defined as "new members" of MCERA in accordance with the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2.7% @ 57 plan for Safety members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee. Non -safety employees hired on or after January 1, 2013 who are defined as "new members" of MCERA in accordance with the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee. 4.8.3 Member Cost of Living Rates Bargaining unit members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of member's cost of living rates as allowed under Articles 6 and 6.8 SRPA MOU 2018-2020 14 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act). 4.8.4 Pension Costs The parties shall discuss pension issues during the term of this MOU utilizing the Labor -Management Committee process memorialized in Section 6.6.5 of this agreement. 5 LEAVES 5.1 SICK LEAVE 5.1.1 Eligibility Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be considered a privilege, which an employee may use at the 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 Police Chief 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 Human Resources Director should he/she so request, a physician's certificate or the employee's personal affidavit stating the cause of the illness of disability. The inability or refusal by said employee to furnish the requested information, as herein required, shall constitute good and sufficient cause for disciplinary action, including dismissal. 5.1.2 Sick Leave Accrual All eligible full-time employees shall earn sick leave credits at the rate of eight (8) hours per month commencing with the date of employment (accrual pro -rated for P/T employees). Unused sick leave may be accumulated with no limit. A cap of twelve hundred (1200) hours shall be in effect for sick leave separation payoff purposes only. 5.1.3 Use of Sick Leave An employee eligible for sick leave with pay will be granted such leave with the approval of the Police Chief for the following purposes: Personal illnesses or illness within the immediate family (immediate family is defined as employee's spouse, dependent children and/or employee's parents), 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, unless the employee is a sworn police officer. 5.1.4 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 un -accrued at the time of such separation shall reimburse the City of all salary paid in connection with such un -accrued leave. 5.1.5 Service Credit for Sick Leave Employees who are eligible to accrue sick leave and who retire from the City of San Rafael's Marin County Employee's Retirement System, on or after January 1, 2003, and within 120 days of leaving City employment (excludes deferred retirement), shall receive employment service credit, for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours said employee is eligible to receive and elects to receive in compensation at the time of retirement). Note: Refer to Section 5.1.2, Sick Leave Accrual, for sick leave cap limitation for payoff purposes. SRPA MOU 2018-2020 15 5.1.6 Compensation for Unused Portion Upon separation from employment, by resignation, retirement or death, an employee 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%). 5.2 VACATION LEAVE 5.2.1 Eligibility Annual vacation with pay shall be granted each eligible employee. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the Police Chief. 5.2.2 Rate of Accrual Vacation benefits shall accrue during the probationary period. Each regular full-time employee (part time regular are prorated) 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 five -sixths (5/6) days 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 one and one fourth (1-1/4) days per month. • From the beginning of the eleventh (11th) year of service through the fifteenth (15th) year, twenty (20) working days of vacation per year. Such entitlement shall accrue at the rate of one and two- thirds (1-2/3) day 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 the rate of two and one -twelfth 2-1/12) days per month. Vacation Accrual chart: YEARS OF SERVICE ACCRUAL PER YEAR ACCRUAL PER MONTH 1 - 3 years 10 days or 80 hours .83 days or 6.66 hours 4 - 10 years 15 days or 120 hours 1.25 days or 10 hours 11 - 15 years 20 days or 160 hours 1.67 days or 13.36 hours 16 + years 25 days or 200 hours 2.08 days or 16.68 hours When an employee is on an approved leave without pay, vacation accrual is prorated based upon paid hours in the pay period. 5.2.3 Administration of Vacation Leave The City Manager, upon the recommendation of the Police Chief, may advance un -accrued vacation to any permanent regular and part time employee. 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 the employee's Police Chief 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 falls within an annual vacation leave, such holidays shall not be charged as vacation leave, unless the employee is on a schedule to be paid for designated holidays in lieu of days off. Upon termination, an employee shall be compensated in cash at his/her current rate of pay for any vacation accrued but not taken, up to the maximum accrual cap, provided that the employee has successfully six months of continuous employment. SRPA MOU 2018-2020 16 5.2.4 Vacation Sign-up Vacation sign-ups shall occur every six months during the designated shift rotations as outlined in Section 6.1.2 of this MOU. Employees will sign up for vacation based on seniority within their assigned work unit using the Vacation Sign -Up Roster. Employees who do not sign up during shift rotation will be able to sign up for vacation beyond the traditional shift sign up period only if the desired week(s) are open and available. Employees may take a single vacation day only if the following criteria are met: 1. The single day vacation is selected 120 hours prior to the date to be taken. 2. The single vacation day does not cause the employee's assigned shift to go below the minimum staffing requirements. 3. The single vacation day may be denied between 120 and 71 hours in advance of the date to be taken if staffing is projected to fall below minimum staffing requirements due to additional employees using sick leave, comp time or for specific department needs. 4. If there are schedule changes due to additional employees using sick leave, comp time or other causes between 70 hours and the date to be taken, the department will honor the employee's single vacation leave request and allow the employee to use the single vacation day. The Parties agree to discuss the vacation sign-up process (Section 5.2.4) and CTO (Section 6.2.2) during the term of this Agreement. The Parties must mutually agree to any changes to either or both sections. 5.2.5 Vacation Cap No employee may accrue more than 250 hours of vacation leave. Vacation accruals will resume once the employee's accumulated vacation balance falls below the allowable cap limit. Employees may, for special situations, i.e., extended medical leave, request an increase in their cap. Each request would need to be in writing, submitted through the department, and receive the approval of the Police Chief and the City Manager. Such requests would be reviewed on a case-by-case basis and would be evaluated based on the reason for the request. This additional vacation accrual could not exceed one-half of the employee's regular annual vacation accrual. In no case would the addition over the cap be extended beyond one additional year from date of approval. 5.2.6 Vacation Cash -In Vacation Conversion: An employee is eligible to request a conversion of vacation time to a cash payment in May or November in any fiscal year in accordance with the following: An employee who has taken at least ten (10) days of vacation in the preceding twelve (12) months and has accrued vacation during that time may request up to seven (7) days of vacation conversion. Such requests may be granted at the discretion of the City Manager. If the request is granted, May requests will be paid in the last pay period in June and November requests will be paid in the last pay period in December. Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period. 5.3 HOLIDAYS The following thirteen (13) holidays will be observed: New Year's Day Labor Day Martin Luther King Day Admission Day Washington's Birthday Veteran's Day Lincoln's Birthday Thanksgiving Day Cesar Chavez Day Day after Thanksgiving SRPA MOU 2018-2020 17 Memorial Day Christmas Day Independence Day 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 during the pay period that the holiday occurs. 5.4 OTHER LEAVE 5.4.1 Bereavement Leave In the event of the death of an employee's spouse, registered domestic partner, child, parent, brother, sister, in-laws, grandparent, grandchild or 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 of accrued sick leave within the State and up to five (5) days of accrued sick leave 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 Police Chief as part of the request for bereavement leave. 5.4.2 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 Police Chief and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty. 5.4.3 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 Police Chief an opportunity, within the limits of military regulations, to determine when such leave shall be taken. 5.4.4 Leave of Absence Without Pay Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Applicable accrued leave must be exhausted prior to the granting of leave without pay. 5.4.5 Industrial Injury Leave For benefits under Workers Compensation, an employee should report any on the job injury to his/her supervisor as soon as possible, preferably within twenty-four (24) hours. The Human Resources' office coordinates benefits for Worker's Compensation claims. For further information, see the City's Workers' Compensation policy located on the Intranet (https:Hintranet. cityofsanrafael. org). 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 are entitled to all benefits allowed them by the Workers' Compensation Insurance and Safety Act of the State of California. NON -SAFETY EMPLOYEES Temporary disability payments (TD) are made to all employees (full and part-time) when a physician reports an employee is unable to perform their job duties due to an industrial injury and the City cannot accommodate the restrictions mandated by their physician. TD is set by State law and is approximately two-thirds of full salary with state -mandated minimums and maximums. For full-time, regular employees, however, the City augments disability payments to bring them to full salary for the first three (3) calendar months and to % pay for the next 6 months. Compensation leave payments SRPA MOU 2018-2020 18 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. 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. SAFETY EMPLOYEES Compensation leave payments are governed by Labor Code Section 4850. Labor Code Section 4850 provides that employees who sustain an industrial injury which precludes them from working are eligible to receive full salary for a period of up to one year during the period of such disability. Sick Leave Usage Post Industrial Injury/Illness The following rule applies to both Safety and Non -Safety personnel who have suffered an industrial injury/illness: Available accrued sick leave cannot be used for more than 60 calendar days after one of the following has been determined: • The employee has reached maximum medical improvement and/or has been determined "permanent and stationary." • The employee has been determined to be unable to return to their usual and customary occupation, with or without reasonable accommodation. Given the above has occurred, next steps would include: • The interactive process; attempt to locate other appropriate employment within the City • If none available proceed with termination process, including disability retirement application and/or Skelly process, if appropriate. 5.4.6 Medical Leave of Absence Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the Police Chief for approval and reviewed by the Human Resources Director for consistency with the law prior to approval. Employees approved for this type of leave must use appropriate accrued and unused vacation leave and/or compensatory time before going on leave without pay status. Accrued and unused sick leave may be used if requested. Sick leave usage is to be consistent with the sick leave provisions of the MOU; to be eligible for this family leave benefit, an employee must have worked for the City of San Rafael for at least 12 months and have worked a minimum of 1,250 hours in the previous 12 -month period. For details, please see the City's FMLA policy located on the Intranet. 5.4.7 Absence without Authorized Leave An unauthorized absence of an employee for three consecutive workdays shall constitute grounds for termination. 5.4.8 Catastrophic Leave All employees of the Police Department should refer to City -Wide Catastrophic Leave Policy located on the City's Intranet(https://intranet.cityofsanrafael.orq). 6 TERMS & CONDITIONS OF EMPLOYMENT 6.1 HOURS OF WORK/FLSA WORK PERIOD The work period for personnel assigned to patrol is pursuant to a 21 -day Section 207(k) of the FLSA, which begins and ends at 5:00 a.m. shift change. The work period for all other personnel is seven days, Sunday through Saturday of each calendar week, starting at midnight on the first day of the period and ending one minute before midnight on the last day of the period. An employee's normal total number of work hours per year shall be 2080 hours. SRPA MOU 2018-2020 19 The parties may reopen negotiations during the term of the Agreement to negotiate the City's administration of a new payroll system and/or changes made to comply with a 28 -day FLSA work period. Any changes to mandatory subjects of bargaining during the term of the MOU will be implemented subject to mutual agreement. 6.1.1 Altemate Work Weeks Both parties agree that at the discretion of the Police Chief, alternative work schedules which include a total of 2,080 annual working hours, if mutually agreed to, may be implemented for designated periods of time for all represented employees for the lifetime of this MOU; any new alternative work schedule established during the term of this MOU shall initially be established on a six-month trial basis. During the trial period if there is a significant increase in overtime costs attributable to the trial plan, or significant increases in sick leave usage or workers compensation claims the department may opt to stop the trial work schedule. For illustration and definition purposes the following chart is prepared: Schedule Definition 4-10 Four (4) consecutive ten (10) hour days with three (3) consecutive days off. 5-8 Five (5) consecutive eight (8) hour days with two (2) consecutive days off. 3-12 The standard work period will consist of 156 hours of work in a 28 -day period, broken into thirteen (13) twelve (12) hour days. The standard work cycle consists of working alternately, three (3) consecutive days in a seven-day period, then four (4) consecutive days in a seven-day period. Each member will be given an extra twelve (12) hour day off during each 28 -day period to ensure that no more than thirteen days are worked. This extra day off may be different for each employee on a given team to ensure adequate daily staffing. This extra day off will coincide with the employees' regular days off. As a result of working 156 hours in each 28 -day period instead of the standard 160 hours, each member will owe the City 4 hours. The City and the Police Association agree to allow each member to bank these 4 hours for three 28 -day periods, for a total of twelve (12) hours. Each member would be required to pay back these hours by working a scheduled day off selected by the Department. The scheduled pay back would be for training or other assignments as required by the Department. 4-4 Four (4) consecutive ten (10) hour days with four (4) consecutive days off. Each employee will work three -hundred twenty 320 hours of work within an eight-week cycle, The following Alternative work schedules are currently being used: PATROL: The shifts listed are basic shifts that must be filled in order to meet the minimum staffing levels. If an officer filling one of those shifts is absent for a period of a week or longer, another officer may be required to change shifts to fill the vacancy in accordance with the existing provisions of the MOU regarding changes of assignments. The rosters anticipate a minimum of twenty-seven officers being assigned to patrol in a duty status in the indicated shifts. In the event twenty-seven officers are not available, the department may opt to return to five eight-hour shifts per week for all patrol officers. It is the department's intent to match staffing levels with calls for service. If calls for service change, the department may alter the hours of shifts to meet the change. DETECTIVES: A 4-10 or 5-8 plan for all detectives with the approval of the Bureau Commander. FRONT OFFICE: A system combining 5-8/4-10 for all front office Records Clerks. SRPA MOU 2018-2020 20 COMMUNICATIONS DISPATCHERS: 1. Alternate Work Schedules for Communications Dispatchers include a 4-4 plan, a 4-10 plan or a 3-12 plan. Depending on department needs, some dispatchers may be assigned to work a 4-4 schedule while others may be assigned to a 4-10 schedule or a 3-12 schedule. 2. Under the 3-12 plan, Dispatchers will be required to work the following three-week schedule: Week 1 - three (3) 12 -hour days; Week 2 - three (3) 12 -hour days; and Week 3 - four (4) 12 - hour days. The fourth 12 -hour day in Week 3 is to be determined by the Division Captain and Dispatch Supervisor as part of the rotation schedule. 3. Overtime shall be earned in accordance with the FLSA, meaning that: a) only actual work hours are counted toward overtime; b) only actual work over 40 hours in the City's workweek are paid pursuant to FLSA requirements; and c) all actual work over 40 hours in the City's workweek will be paid at a rate of 1.5 times the individual employee's regular rate of pay. 4. Non-FLSA overtime will also be earned if a Dispatcher on a 3-12 schedule works over his or her scheduled work day or work week (e.g. more than 12 hours on a single day or more than 36 hours in a work week where the employee was scheduled to work three (3) 12 -hour shifts, or more than 48 hours in the work week in which the Dispatcher is scheduled to work four (4) 12 -hour shifts). The City will use the premium portion of any non-FLSA overtime premium pay due in any specific workweek to offset any FLSA overtime premium due in the same work week. The 3-12 Alternate Work Schedule will not have any impact on holiday pay, sick, and vacation accrual rates. However, any holiday, sick, and vacation days off will be deducted for the number of hours scheduled to work, i.e. a sick day under the 3-12 plan will result in the deduction of twelve (12) hours of sick time. 6.1.2 Shift Rotation Both parties agree that at the discretion of the Police Chief, the starting dates for the rotation, if mutually agreed to, may be changed for a designated rotation for all represented employees for the life of this MOU. For members of the Patrol Bureau and Information Services Bureau, the spring rotation shall begin on the Sunday nearest the 15th of March and the fall rotation shall begin on the Sunday nearest the 15th of September. If the members of the Patrol Bureau or Information Services Bureau are working a 3-12 schedule, which operates on three-week cycles, then the Spring rotation shall begin on the Sunday nearest to the 15th of March following a completed three-week cycle and the Fall rotation shall begin on the Sunday nearest to the 15th of September following a completed three-week cycle. Sergeants assigned to Patrol may select their shift by seniority, within rank. This paragraph shall not apply to probationary Sergeants. Probationary Sergeants shall be assigned at the discretion of the Division Captain, and any remaining open Sergeant slots shall be filled by seniority, within rank. Corporals assigned to Patrol may select their shift by seniority, within rank. This paragraph shall not apply to probationary Corporals. Probationary Corporals shall be assigned at the discretion of the Division Captain, and any remaining open Corporal slots shall be filled by seniority, within rank. Officers assigned to Patrol and not on probation may select their shift by seniority, within rank. This paragraph shall not apply to probationary Officers. Probationary Officers shall be assigned at the discretion of the Division Captain, and any remaining open Officer slots shall be filled by seniority, within rank. Police Call Taker & Records Specialists work group working in the Records Unit will have the option to rotate three times per year: on the Sunday nearest the 15th of January; on the Sunday nearest the 15th of May; and on the Sunday nearest the 15th of September. This will begin at the September 2011 rotation. This practice will be at the discretion of the Chief of Police. SRPA MOU 2018-2020 7 6.1.3 Patrol Briefing Patrol briefing periods will be conducted within Patrol employees designated shifts. 6.1.4 Employee Break and Meal Periods Employee break and meal periods are as follows: Uniformed Patrol employees: One 15 -minute break in first half of shift and one 45 -minute meal period as scheduled and approved by the designated supervisor. All other employees: One 15 -minute break to be taken in the first half of the shift, one fifteen -minute break to be taken in the second half of the shift, and one 30 -minute meal period as scheduled and approved by the designated supervisor. Combination of meal and break period must have prior supervisory approval. No changes will be made in break and meal periods that would alter an employee's regularly scheduled working time without the advance approval from the employee's supervisor. Break and meal periods are paid time and, as such, departmental needs will take priority. In the event that work demands preclude an employee from taking his or her break, and/or meal period, the employee will not be eligible for overtime compensation. 6.2 OVERTIME 6.2.1 Overtime All represented employees who work overtime shall on forms provided by the Police Department designate whether they want the time accrued as compensatory time (C.T.) or paid as overtime at the rate of time and one-half. After initial selection (O/T pay vs. C.T.) if an employee wants to convert compensatory time to cash, or vice versa, the employee must submit a written request to the Police Chief and approval shall be at the discretion of the Police Chief. Employees may accrue up to 200 hours of compensatory time at any time. However, employees may only use up to 120 hours of comp time each calendar year unless the Police Chief or the Chiefs expressed designee approves additional comp time use up to the employee's 200 -hour accrual cap. Approval to use comp time in excess of the 120 -hour cap will generally only occur for catastrophic or other significant unforeseen circumstances. Employees who have a comp time balance in excess of the 200 -hour cap will receive pay in lieu of continued carrying of these hours from the City on the next available pay check. At the end of the calendar year, any unused accrued comp time may be carried over to the next calendar year and said balance would affect the employees' ability to accrue additional comp time. Before any Sergeant will be allowed to work an overtime shift replacing a beat officer, the overtime opportunity shall be posted for forty-eight (48) hours to allow officers to sign up. Only if officers fail to sign up, or the need to replace a beat officer arises with less than forty-eight (48) hours' notice, will sergeants be given the opportunity to work overtime in place of an officer/corporal. This restriction shall not apply to special events or foot beat duty. Both parties agree that any changes in the overtime provisions of this MOU are subject to the meet and confer process. All entry-level probationary employees shall not be allowed to accrue and bank any compensatory time until they have successfully completed their training program. Any overtime worked during their training program shall be paid at time and a half. This section does not apply to any employee that is promoted within the police department, and due to that promotion, is required to complete a training program. Promoted employees may elect to accrue and bank compensatory time or have such time paid at time and a half. SRPA MOU 2018-2020 22 6.2.2 Requests for Compensatory Time Off In the event that the granting of a request for compensatory time off creates one or more vacancies which bring the shift below the minimum staffing level or which otherwise needs to be filled, then the current practice will be utilized as follows: The supervisor will post the vacant slot(s) to be voluntarily back-filled with overtime. If one or more vacancies still exist then the supervisor will 1) assign personnel from the previous shift to hold over at the overtime rate, and/or 2) assign personnel from the following shift to report early at the overtime rate, and/or, in civilian work units, 3) assign personnel to work on their day(s) off. All employees shall be granted compensatory time off when submitted at least 72 hours in advance of the requested time off. If an employee makes a request for compensatory time off with less than 72 hours advance notice and this request does not bring the shift below one above minimum staffing, then the employee shall be granted the time off. If the granting of the request would bring the shift to minimum staffing then the granting of the request would be at the discretion of the Police Chief or his designee. The Parties agree to discuss the vacation sign-up process (Section 5.2.4) and CTO (Section 6.2.2) during the term of this Agreement. The Parties must mutually agree to any changes to either or both sections. 6.3 SHIFT CHANGES Changes in the days or hours of the regular work schedule of an employee shall entitle such employee to be additionally compensated at one-half (1/2) their hourly pay rate for each hour worked outside their regular schedule unless the City has given the employee a minimum of seven (7) full days (or 168 hours) advance notice of such a change. No advance notice to employees by the City of shift change shall be required and no additional compensation shall be paid when shift changes occur as a result of work related emergencies, i.e., multiple sicknesses, disabilities or injuries; an unplanned for vacancy or shortage occurring less than seven days in advance of the shift change if the employee is given a minimum of twelve hours advance notice 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. Vacancies of less than one workweek will be filled by overtime rather than shift changes. This section shall not apply to personnel shortages arising from mutual aid requests, states of emergency declared by the Mayor, Board of Supervisors, Governor or the President or unplanned for critical incidents or situations of more than twenty-four hours duration. 6.4 PROBATIONARY PERIOD 6.4.1 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. 6.4.2 Length of Probationary Period The probationary period on original appointments shall be eighteen (18) months. The probationary period on promotional appointments shall be twelve (12) months for internal promotions from: • Police Officer to Police Corporal • Police Corporal to Police Sergeant • Dispatcher to Lead Dispatcher • Lead Dispatcher to Dispatch Supervisor • Records Specialist/Call Taker to Records Supervisor All other internal promotions shall be subject to an eighteen (18) month probationary period. SRPA MOU 2018-2020 1-3 6.4.3 Rejection During Probation During the probationary period, an employee may be rejected at any time by the Appointing Authority without the right of appeal; except as otherwise provided for by the Public Safety Officers Bill of Rights Act, Government Code 3300, et.seq. for sworn officers, and as provided for in applicable existing case law concerning appeal rights/remedies of probationary employees. 6.4.4 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. 6.4.5 Notification of Rejection or Extension Upon determining that a probationary employee's work is not satisfactory, the Police Chief shall notify the Human Resources Director in writing of his/her intention to terminate the employee. After discussion with the Human Resources Director, the Police Chief shall notify the employee in writing of the extension or rejection. 6.4.6 Regular Status Regular status shall commence with the day following the expiration date of the probationary period. 6.4.7 Promotion of Probationary Employee An employee serving a probationary period may be promoted to a higher position classification provided the employee 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. 6.4.8 Unsuccessful Passage of Promotional Probation An employee who does not successfully pass the 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. 6.5 PERSONNEL RULES & REGULATIONS Both parties agree to the most updated Personnel Rules and Regulations that exist on July 1, 2011 for the purposes of this agreement, which are available on the City's intranet website. In the event that conditions appear in both the Rules and Regulations and the MOU, the MOU prevails. 6.5.1 Employer -Employee Resolution The City and the Association agree to abide by the City of San Rafael's Employer -Employee Relations Resolution. 6.5.2 Drug and Alcohol Policy The City and Association jointly recognize alcoholism and drug abuse as illnesses, which may be treatable. The parties are concerned regarding alcoholism and drug problems which cause poor attendance and unsatisfactory employment related performance, and/or which may pose a danger to employees or the public. Therefore, the City and Association endorse the concept of a drug free work place. Possession, sale, use, or being under the influence of drugs or alcohol while on the job is strictly prohibited. Employees violating this policy are subject to discipline, up to and including termination. When reasonable cause (relates to readiness and/or ability to perform job responsibilities) exists, the City may require employees to submit to a medical examination, including but not limited to a urine or SRPA MOU 2018-2020 24 blood analysis, to determine whether the employee is using drugs or alcohol. Said testing shall occur on City time and be paid for by the City. An employee's failure to submit to a medical examination will be considered an act of insubordination, and therefore, subject to disciplinary action. Depending on the circumstances causing the order for medical examination, employees testing positive may be subject to discipline, up to and including termination. Upon being informed that the employee tested positive, the employee may request a meeting with the Human Resources Director and the Police Chief to review the test results and provide the employee's explanation for such results. Employees are encouraged to voluntarily participate in the City sponsored employee assistance program (EAP). However, EAP participation may be a City -mandated alternative to disciplinary action arising out of a violation of the City's drug and alcohol policy. As a course of participating in the EAP on a mandated basis, an employee may be required to enter into a "return to work agreement," with the City. Said agreement shall stipulate ongoing freedom from drug and/or alcohol use as a condition of continued employment. Employees who seek voluntary assistance for alcohol and/or substance will not be disciplined for seeking such assistance. Requests from employees to the Police Chief for such assistance shall remain confidential and shall not be revealed to other employees or management personnel, who do not have a need to know, without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. An employee who is disciplined/discharged for inappropriate alcohol and/or drug use may appeal such action pursuant to Section 7.3.2 of the Memorandum of Understanding. 6.5.3 Outside Employment Policy All employees of the Police Department should refer to City wide policy located on the City's Intranet (https:Hintranet.citvofsanrafael.orq) for policies and procedures related to outside employment. 6.5.4 Harassment Policy It is the City's intent and purpose to provide all officials, employees, applicants and contractors with an environment that is free from any form of harassment, discrimination or retaliation. Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation which is available on the City's Intranet website. 6.5.5 Wireless Communication Policy Union members agree to adhere to the provisions of the City's Wireless Communication Policy which is available on the City's Intranet Website. 6.5.6 Medical Standards Attachments to the City of San Rafael's official job class specifications have been developed by Rehab 90 to describe the activity and frequency of the activities performed by the employee in the course and scope of their job classification. These descriptions are available for review by the employee's treating physician to assist the physician in determining whether the employee is able to return to his/her job after an absence due to an injury or illness. 6.5.7 Temporary Light Duty Policy Statement The purpose of this temporary light duty program is to minimize the losses of productive time, while at the same time reintroducing the employee to work sooner to prevent deterioration of skills, facilitate recovery and reduce income loss. Light duty assignments will be structured so that employees are not placed in a duty status that would aggravate or reincur an injury or illness. Light duty assignments are to be limited to temporary periods and are not to be used to create a permanent light duty assignment. SRPA MOU 2018-2020 25 1. Coverage Any employee who suffers a temporary and partial disability due to an industrial or non -industrial injury or illness will be covered by this light duty program. 2. Determination/Required Reports a. Light Duty assignments may be made following evaluation and determination by the Police Chief. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determination will also be based on the needs of the City and the impact of light duty departmental operations. b. After the initial report, updated medical reports shall be submitted to the Police Chief at two- week intervals, or at other agreed upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non -industrial injuries or illnesses regardless of whether or not a light duty assignment has been made. c. Reports will be evaluated by the Police Chief for purposes of continuing or terminating a current light duty assignment or to determine when to commence a light duty assignment. 3. Light Duty Assignments - Definitions/Restrictions a. Light duty assignments may consist of reduced work hours, limited work or any combination thereof. b. Light duty assignments will not adversely affect the employee's normal wage rate or retirement benefits. c. Light duty assignments will be within the employee's assigned department and will involve work which is consistent with the duties of the employee's classification. d. When feasible, light duty assignments will be during the employee's normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee will be assigned light duty during normal office hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. e. Specific light duty assignments will be developed based upon a case-by-case review of the medical restrictions, so as not to aggravate or reincur an injury or illness. f. Employees will not be placed in light duty assignments that in the normal course of events will require that they provide direct field emergency response. 4. Holidays/Vacations a. Holidays shall be observed in accordance with the light duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take the holiday off, so shall the light duty employee. If the employee is assigned to work hours on a work holiday, so shall the light duty employee. Compensation for holidays shall be in accordance with applicable Memorandum of Understanding or the Personnel Rules and Regulations. b. Employees assigned to light duty shall take their assigned (selected) vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been enjoyed by the employee if they had remained on full duty. Employees may reschedule their assigned (selected) vacation with the approval of the Police Chief, provided the rescheduling does not result in increased costs or lost time to the City for relief personnel to cover the rescheduled vacation. 5. Return to Full Duty Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of his or her classification. SRPA MOU 2018-2020 26 6.5.8 Reinstatement Reinstatement after resignation shall be considered as new employment. Reinstatement may only be made upon request to the Police Chief if the individual has: 1. Left City service within the prior twenty-four (24) months. and 2. Left City service in good standing. Good standing shall be defined for the purposes of reinstatement as: "The employee having provided in writing to the Department two weeks' notice of their resignation". 6.6 MISCELLANEOUS 6.6.1 Gratuities/ Solicitation of Contributions All employees of the Police Department should refer to Departmental General Orders for the policy and procedures related to gratuities/solicitation of contributions. 6.6.2 Return of City Equipment Upon termination of employment, all City property assigned to an employee shall be returned to the employee's supervisor. 6.6.3 Political Activity The political activity of City employees shall comply with pertinent provisions of State and Federal Law. 6.6.4 Employment of Relatives The City retains the right: 1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security or morale. 2. To refuse to place both parties to a relationship in the same Bureau or shift where such has the potential for creating adverse impact on supervision, safety, security, or morale or involves potential conflicts of interest. 6.6.5 Labor/ Management Advisory Meetings During the term of the Agreement, the City and the Association agree that consultation meetings may contribute to improved employer-employee relations. The committee shall be comprised of three (3) representatives from the San Rafael Police Association and three (3) from City Management. The parties agree that committee members may change depending on the subject matter. Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting. 6.6.6 Gym Membership Reimbursement Employees are eligible to receive up to $50 reimbursement per month for paid gym memberships. Such reimbursement shall be paid once per year by the City in a lump -sum check and reported as taxable income to the employee. 7 PROCEDURES 7.1 DEMOTION & SUSPENSION 7.1.1 Demotion The Police Chief or designee may demote an employee when the following occurs: SRPA MOU 2018-2020 27 A. The employee fails to perform his/her required duties; B. The need for a position which an employee fills no longer exists; C. 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 Police Chief, 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 Human Resources Director. 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. Disciplinary demotion action shall be in accordance with Article 7.3, "Disciplinary Action." 7.1.2 Suspension The Police Chief or designee may suspend an employee from a position at any time for disciplinary purpose. Intended suspension action shall be reported immediately to the Human Resources Director, and shall be taken in accordance with Article 7.3, "Disciplinary Action." 7.2 TERMINATION OF EMPLOYMENT 7.2.1 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 Police Chief and Human Resources Department. 7.2.2 Termination - Layoff The Appointing Authority may terminate an employee because of changes in duties or organization, or abolition of position, or shortage of work or funds, or completion of work for which employment was made. 7.2.3 Termination - Disciplinary Action An employee may be terminated at any time for disciplinary action, as provided in Article 7.3, "Disciplinary Action." 7.2.4 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. 7.3 DISCIPLINARY ACTION 7.3.1 Right to Discipline & Discharge Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, suspension resulting in loss of pay, transfer for purposes of punishment, and written reprimand. The City shall have the right to discharge or discipline any 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 in strikes, individual or group slowdowns or work stoppages, or refusal to accept overtime, or for violating or ordering the violation of the Memorandum of Understanding. The City may discipline or discharge an employee for the following: a. Fraud in securing appointment. b. Negligence of duty. SRPA MOU 2018-2020 28 c. Violation of safety rules. d. Unacceptable attendance record, including tardiness, overstaying lunch or break periods. e. Possession, Distribution or under the influence of alcoholic beverages, non -prescribed or unauthorized narcotics or dangerous drugs during working hours. f. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. g. Unauthorized soliciting on City property or time. h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. i. Unacceptable behavior toward the general public or fellow employees or officers of the City. j. Falsifying employment application materials, time reports, records, or payroll documents or other City records. k. Disobedience to proper authority. I. Misuses of City property. m. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations. n. Disorderly conduct, participation in fights, horseplay or brawls. o. Dishonesty or theft. p. 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, however, the cumulative effect would warrant such action. q. Failure to perform to an acceptable level of work quality and quantity. r. Insubordination. s. Other acts inimical to the public service. t. Inability or refusal to provide medical statement on cause of illness or disability. 7.3.2 Appeals If an employee believes he or she has been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case through the appropriate procedure. A transfer for purpose of punishment not resulting in economic loss and a written reprimand shall only be appealable up to the level of the City Manager or "his/her designee and not eligible for arbitration. Discharge/dismissal, demotion, reduction in salary, suspension resulting in loss of pay, and transfer for purposes of punishment resulting in economic loss shall be appealable up to the level of arbitration. Such appeal must be filed with the City Manager by the employee in writing within five (5) working days from the date of receipt of the notice of discipline/discharge letter and unless so filed the right of appeal is lost. 7.3.3 City Manager and Arbitration The employee (Appellant) may request the appeal be heard by the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the employee (Appellant) shall meet promptly to select a mutually acceptable arbitrator, and to the extent possible for both parties the selection of the arbitrator should be made within 60 days of the request for arbitration. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City. A hearing before the arbitrator shall be held within sixty days of the selection of the Arbitrator unless the mutually acceptable Arbitrator's schedule does not so permit. The arbitrator shall not have the power to amend or modify either party's position; but shall rule on the merits of each party's case as presented during the hearing. Decisions of the Arbitrator on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City. SRPA MOU 2018-2020 -)y 7.4 GRIEVANCE PROCEDURE 7.4.1 Definition A grievance is any dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding. 7.4.2 Initial Discussions Any employee who believes that he or she has a grievance may discuss his or her complaint with the top management official in the Police Department or with such subordinate management official as the Police Chief may designate. If the issue is not resolved within five (5) working days in the Department, or if the employee elects to submit his or her grievance directly to an official of the employee organization which is formally recognized as the representative of the classification to which he or she is assigned, the procedures hereafter specified may be invoked. 7.4.3 Referral to the City Manager Any employee or any official of the employee organization which has been formally recognized by the City and which has jurisdiction over any position directly affected by the grievance may notify the City Manager and Police Chief in writing that a grievance exists, and in such notification, state the particulars of the grievance and, if possible, the nature of the determination which is desired. No grievance may be processed under Section 7.4.4 below which has not first been heard and investigated in pursuance of Section 7.4.2. A grievance which remains unresolved thirty (30) calendar days after it has been submitted in writing may be referred to the next step (see Section 7.4.4). Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative. 7.4.4 City Manager and Arbitration If the grievance is not resolved at the previous step, the grievant, the Association, or the City may, after completion of the previous step in the grievance procedure, submit the grievance by written notice to the City Manager. If arbitration is requested, representatives of the City and the Association shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. A hearing before the arbitrator shall be held within sixty days of the selection of the Arbitrator unless the mutually accepted Arbitrator's schedule does not so permit, and the arbitrator shall render a decision, within sixty days of the completion of the hearing unless the Arbitrator's schedule does not so permit, which is binding on the parties hereto, to the extent permitted by the Charter of the City. 7.4.5 No Abridgement of Other Rights of Appeal The provisions of this grievance procedure shall not abridge on rights granted to employees under the City Charter or City ordinances, resolutions, rules and regulations providing other procedures for resolving disputes, except that an employee may not submit a grievance to an arbitrator in accordance with this grievance procedure if the employee has elected to use another procedure available under the City Charter or City ordinances, resolutions, rules and regulations for the resolution of his or her grievance. If an employee feels he or she has been unjustly discharged/disciplined, the employee shall have the right to appeal his/her case pursuant to Section 7.3.2. Such appeals must be filed in writing within five (5) working days from date of receipt of the notice letter of discharge/discipline and unless so filed the right of appeal is lost, but, in the event that the dispute is carried to arbitration and that such employee is found to have been properly discharged/disciplined under the provisions of Article 7.3, such employee may not be ordered reinstated and no penalty may be assessed upon the Employer. The arbitrator shall not have the power to amend or modify either party's position; but shall rule on the merits of each party's case as presented during the hearing. SRPA MOU 2018-2020 30 In addition to the arbitrators proposed by the State Mediation and Conciliation Service, the parties shall be free to select from a pool of arbitrators mutually agreed to by the City and the Association. The parties shall continue to meet and confer, after the adoption of this MOU on a mutually agreeable panel of arbitrators. Once agreed to the panel shall be identified by side letter to the MOU. 7.4.6 Pay Claims All complaints involving or concerning payment of compensation shall be filed in writing and no adjustments shall be retroactive for more than thirty (30) days from the date of filing. 7.4.7 Matters Excluded from the Grievance Procedure of the Memorandum of Understanding In those cases where the matter concerns any rule or policy or administrative procedure of the City contained in the City Charter, the Personnel Ordinance, or the Personnel Rules and Regulations which are adopted pursuant to the City Charter, the appeal procedures contained therein shall be utilized. 7.5 POSITION RECLASSIFICATION Reclassification of positions covered by this MOU shall be in accordance with the City's Reclassification Policy available on the City's Intranet website. 7.6 REDUCTION IN FORCE 7.6.1 Notice Employees designated for layoff or demotion due to a reduction in force 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 so notified. 7.6.2 Order of Layoff In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable, in the opinion of the City, to perform the work required. An employee laid off from City services prior to being rehired must pass the physical examination administered by a City -appointed physician and must pass the background check administered by the Police Department. The names of employees laid off shall be placed on a Re- employment Eligible List as hereinafter specified. 7.6.3 Re -Employment Eligibility List The Re-employment Eligible List shall consist of the names of employees and former employees having probationary or permanent status that was laid off in that classification. The rank order on such list shall be determined by relative seniority as specified above. Such list shall take precedence over all other eligible lists in making appointments to the classification in which the employee worked. Employees who did not complete their probationary period prior to being laid off; if re-employed must complete their probationary period. The employee may petition to the Police Chief for early release from this probationary period. The name of any person laid off shall continue on the appropriate Re-employment Eligible List for a period of one (1) year after it is placed thereon. The names of any eligible employees on a Re- employment Eligible List shall be automatically removed from said list at the expiration of the appropriate period of eligibility. SRPA MOU 2018-2020 SAN RAFAEL POLICE ASSOCIATION: CITY OF SAN RAFAEL: V.an nuuer, rreswenR Tim Davis, Lead Negotiator Attorney, Burke Williams & Sorensen ristine Alilovich, Assistant City Manager (IZ-W 621: VIA 'SCA AI&Jm StJcey Oe4son, Human Resources Director Christopher Fuller Sylvia Gonzalez -Shelton, R Coordinator Date Date SRPA MOU 2018-2020 0- M - 11K