HomeMy WebLinkAboutCC Resolution 12966 (MOU Confidential Unit)RESOLUTION NO. 12966
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL PERTAINING TO THE COMPENSATION AND WORKING
CONDITIONS FOR EMPLOYEES REPRESENTED BY
PUBLIC EMPLOYEES UNION LOCAL ONE — CONFIDENTIAL
(herein -after -called Local 1 — Confidential)
(One year agreement from July 1, 2010 through June 30, 2011)
WHEREAS, the City of San Rafael and Local 1 — Confidential have met and
conferred with regard to wages, hours and working conditions in accordance with the
provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding pertaining to the one-year period
from July 1, 2010 through June 30, 2011 has been executed by duly authorized
representatives for both parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: From and after the date of adoption of this Resolution, the City of
San Rafael and Local 1 — Confidential shall utilize the Memorandum of
Understanding for the period beginning July 1, 2010, attached hereto, as the official
document of reference respecting compensation and working conditions for
employees represented by the Union.
Section 2: The schedules describing classes of positions and salary ranges
are attached to said Memorandum of Understanding and, together with the
Memorandum of Understanding itself, are herby adopted and shall be attached
hereto and incorporated in full.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael, held on Monday, the 7th of June, 2010, by the following
vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
/�� G - F.Q. r'raq ,
Esther C. Beirne, City Clerk
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
Public Employees Bargaining Unit (PEU) Local 1 -
Confidential Bargaining Unit
JULY 1, 2010 - JUNE 30, 2011
TABLE OF CONTENTS
1
GENERAL PROVISIONS......................................................................................................................1
1.1
INTRODUCTION........................................................................................................................................... l
1.1.1
Scope of Agreement................................................................................................................................ l
1.1.2
Term of MOU............................................................................................................................................ l
1.2
RECOGNITION.............................................................................................................................................1
1.2.1
Bargaining Unit.........................................................................................................................................1
1.2.2
Notice to Employees...............................................................................................................................1
1.3
NON-DISCRIMINATION................................................................................................................................2
1.3.1
In General.................................................................................................................................................2
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....................................................................................3
1.9.1
Understanding..........................................................................................................................................3
1.9.2
Waiver & Modification.............................................................................................................................3
2
MMBA...........................................................................................................................................................3
2.1
BARGAINING UNIT RIGHTS........................................................................................................................3
2.1.1
Bargaining Unit Stewards Designation.................................................................................................3
2.1.2
Bulletin Boards.........................................................................................................................................3
2.2
DUES DEDUCTION......................................................................................................................................3
2.2.1
Collection of Dues....................................................................................................................................3
2.2.2
Dues Collection during Separation from Employment.......................................................................4
2.2.3
Agency Shop............................................................................................................................................4
2.2.4
Indemnification......................................................................................................................................... 4
2.3
MANAGEMENT RIGHTS..............................................................................................................................4
3
COMPENSATION....................................................................................................................................5
3.1
GENERAL WAGES AND COMPENSATION...................................................................................................5
3.1.1
Pay Dates.................................................................................................................................................5
3.1.2
General Wage Increase — FY 10/11.....................................................................................................5
3.1.3
Definitions................................................................................................................................................. 5
3.1.4
Compensation Plan.................................................................................................................................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
3.2.4
Anniversary Date.....................................................................................................................................6
3.2.5
Promotions................................................................................................................................................7
3.2.6
Performance Evaluations.......................................................................................................................7
3.3
SALARY CHANGE ON RECLASSIFICATION.................................................................................................7
3.3.1
To a Lower Classification.......................................................................................................................7
3.3.2
To a Different Classification with the Same Salary Range................................................................7
3.3.3
To a Higher Classification......................................................................................................................7
3.4
OUT OF CLASS COMPENSATION................................................................................................................7
3.5
ADDITIONAL PAY........................................................................................................................................8
3.5.1
Confidential Pay.......................................................................................................................................8
3.5.2
Educational Reimbursement..................................................................................................................8
3.5.3
Bilingual Pay.............................................................................................................................................8
3.5.4
Uniform Allowance...................................................................................................................................8
3.6
REVENUE SHARING....................................................................................................................................8
3.6.1
Conditions for Revenue Sharing...........................................................................................................
8
3.6.2
Revenue Definitions & Revenue Sharing Calculations......................................................................9
3.6.3
Schedule.................................................................................................................................................10
4
BENEFITS................................................................................................................................................10
4.1
EMPLOYEE BENEFITS COMMITTEE..........................................................................................................
10
4.2
HEALTH & WELFARE...............................................................................................................................
10
4.2.1
Full Flex Cafeteria Plan........................................................................................................................10
4.2.2
Pay Back Provision................................................................................................................................11
4.2.3
Retirees Health Insurance....................................................................................................................
11
4.2.4
Pro Rata Benefit Rules.........................................................................................................................12
4.2.5
Health and Dependent Care Spending Accounts.............................................................................12
4.2.6
Health Insurance Providers..................................................................................................................12
4.3
DENTAL PLAN..........................................................................................................................................
12
4.4
RETIREMENT CONTRIBUTION...................................................................................................................13
4.4.1
City Paid Employee Retirement (City Paid Member Contribution).................................................13
4.4.2
Retirement Plans...................................................................................................................................13
4.4.3
Member Cost of Living Rates...............................................................................................................13
4.4.4
Pension Costs........................................................................................................................................13
4.5
STATE DISABILITY INSURANCE (SDI)......................................................................................................
13
5
LEAVES.....................................................................................................................................................14
5.1
SICK LEAVE..............................................................................................................................................
14
5.1.1
Eligibility..................................................................................................................................................14
5.1.2
Sick Leave Accrual................................................................................................................................14
5.1.3
Use of Sick Leave..................................................................................................................................14
5.1.4
Advance of Sick Leave.........................................................................................................................15
5.1.5
Service Credit for Sick Leave...............................................................................................................15
5.1.6
Compensation for Unused Portion......................................................................................................15
5.2
VACATION LEAVE.....................................................................................................................................
15
5.2.1
Eligibility..................................................................................................................................................15
5.2.2
Rate of Accrual.......................................................................................................................................15
5.2.3
Administration of Vacation Leave........................................................................................................16
5.2.4
Vacation Cash-In...................................................................................................................................16
5.3
HOLIDAYS.................................................................................................................................................16
5.4
OTHER LEAVE..........................................................................................................................................
17
5.4.1
Personal Leave — Supervisory Unit.....................................................................................................17
5.4.2
Bereavement Leave..............................................................................................................................17
5.4.3
Jury Duty.................................................................................................................................................17
5.4.4
Military Leave.........................................................................................................................................17
5.4.5
Leave of Absence Without Pay...........................................................................................................17
5.4.6
Industrial Injury Leave...........................................................................................................................17
5.4.7
Family Medical Leave...........................................................................................................................18
5.4.8
Catastrophic Leave................................................................................................................................18
6
TERMS & CONDITIONS OF EMPLOYMENT.............................................................................19
6.1
HOURS OF WORK.....................................................................................................................................
19
6.2
OVERTIME.................................................................................................................................................19
6.3
COMPENSATORY TIME POLICY................................................................................................................
19
6.3.1
Accrual Limit...........................................................................................................................................19
6.3.2
Overtime Rate........................................................................................................................................19
6.4
PROBATIONARY PERIOD..........................................................................................................................
19
6.4.1
Purpose of Probation............................................................................................................................19
6.4.2
Length of Probationary Period.............................................................................................................19
6.4.3
Rejection During Probation..................................................................................................................19
6.4.4
Notification of Rejection........................................................................................................................20
6.4.5
Extension of Probationary Period........................................................................................................20
6.4.6
Regular Status.......................................................................................................................................20
6.4.7
Promotion of Probationary Employee.................................................................................................20
6.4.8
Unsuccessful Passage of Promotional Probation.............................................................................20
6.4.9
Lateral Transfer Probation....................................................................................................................20
6.5
TRANSFERS / REASSIGNMENTS...............................................................................................................20
6.5.1
Types of Transfers.................................................................................................................................20
6.5.2
Minimum Qualifications & Probation...................................................................................................21
6.5.3
Transfer Procedures..............................................................................................................................21
6.6
PERSONNEL RULES & REGULATIONS.....................................................................................................21
6.6.1
Confidential Nature of Personnel Records........................................................................................21
6.6.2
Confidential Nature of Medical Records.............................................................................................21
6.6.3
Outside Employment Policy.................................................................................................................21
6.6.4
Use of City Vehicle................................................................................................................................22
6.6.5
Safety Policy...........................................................................................................................................22
6.7
MISCELLANEOUS......................................................................................................................................22
6.7.1
Hazardous Materials.............................................................................................................................22
6.7.2
Gratuities /Solicitation of Contributions.............................................................................................22
6.7.3
Return of City Equipment.....................................................................................................................22
6.7.4
Political Activity......................................................................................................................................22
6.7.5
Employment of Relatives......................................................................................................................22
6.7.6
Labor/ Management Meetings............................................................................................................22
6.7.7
Contract Orientation Work Sessions...................................................................................................23
6.7.8
Harassment Policy.................................................................................................................................23
7
PROCEDURES........................................................................................................................................23
7.1
DEMOTION & SUSPENSION......................................................................................................................23
7.1.1
Demotion.................................................................................................................................................23
7.1.2
Suspension.............................................................................................................................................23
7.2
TERMINATION OF EMPLOYMENT..............................................................................................................23
7.2.1
Resignation.............................................................................................................................................23
7.2.2
Termination - Layoff (Lack of work or funds).....................................................................................23
7.2.3
Termination - Disciplinary Action.........................................................................................................24
7.2.4
Retirement..............................................................................................................................................24
7.2.5
Rejection During Probation..................................................................................................................24
7.3
DISCIPLINARY ACTION.............................................................................................................................24
7.3.1
Right to Discipline & Discharge...........................................................................................................24
7.3.2
Preliminary Notice..................................................................................................................................24
7.3.3
Disciplinary Action and Appeal............................................................................................................25
7.4
GRIEVANCE PROCEDURE.........................................................................................................................25
7.4.1
Definition.................................................................................................................................................25
7.4.2
Procedure...............................................................................................................................................25
7.4.3
Arbitration................................................................................................................................................26
7.4.4
General Provisions................................................................................................................................26
7.5
POSITION RECLASSIFICATION..................................................................................................................27
7.5.1
Purpose...................................................................................................................................................
27
7.5.2
Policy.......................................................................................................................................................27
7.5.3
Creation of New Position......................................................................................................................27
7.5.4
Reclassification......................................................................................................................................27
7.6
FURLOUGH PROGRAM.............................................................................................................................28
7.6.1
Voluntary Time Off(VTO).....................................................................................................................28
7.6.2
Mandatory Time Off (MTO)..................................................................................................................29
7.7
REDUCTION IN FORCE..............................................................................................................................29
7.7.1
Authority..................................................................................................................................................29
7.7.2
Notice......................................................................................................................................................30
7.7.3
Order of Layoff.......................................................................................................................................30
7.7.4
Seniority..................................................................................................................................................30
ff
7.7.5
Bumping RiJhbn--------------------------------------------.. 30
7I6Transfer
Rights .......................................................................................................................................
3O
7.7.7
Layoff Procedure Notification
............................................................................................................... 3O
7.8
____________--------------------------------3O
7.81
General Guidelines ................................................................................................................................
3O
7.8.2
Right to ---------------------------------------.3i
7.8.3
Time Limits .............................................................................................................................................
3}
7.8.4
Availability ...............................................................................................................................................
3l
7.8.5
Probationary Status ...............................................................................................................................
3|
LIST OF EXHIBITS
Exhibit A Salary Schedule for July 1, 2010 — June 30, 2011
IV
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
PEU LOCAL 1 - CONFIDENTIAL
This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500,
et seq. of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment for the employees in said representation unit, and 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, 2010 through June 30, 2011.
As used in this Memorandum of Understanding, the words "days" or "working days" shall be
deemed to mean those days of the week that the City Hall of the City of San Rafael is open for
business, unless there is a specific reference to calendar days.
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 Public Employees Bargaining Unit Local 1 - Confidential Bargaining Unit
(herein -after called "Local 1 - Confidential') and shall apply to all employees of the City working
in the classifications and bargaining unit set forth herein.
1.1.2 Term of MOU
This agreement shall be in effect from July 1, 2010 through June 30, 2011.
1.2 RECOGNITION
1.2.1 Bargaining Unit
City hereby recognizes Local 1 - Confidential as bargaining representative for the purpose of
establishing salaries, hours, fringe benefits and working conditions for all employees within the
Bargaining Unit.
1.2.2 Notice to Employees
Whenever a person is hired in any of the job classifications set forth herein, City shall notify
such person that Local 1 - Confidential is the recognized bargaining representative for
employees in that classification.
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
orientation, marital status, medical condition or disability. Any employee alleging such
discrimination should use the internal, administrative process explained in the City of San
Rafael's Policy Against Harassment, Discrimination and Retaliation to redress the situation.
Such employees shall be entitled to Local 1 - Confidential representation but are not entitled to
seek redress using the grievance procedure of this MOU.
1.3.2 Bargaining Unit Discrimination
No member, official, or representative of Local 1 - Confidential shall, in any way, suffer any type
of discrimination in connection with continued employment, promotion, or otherwise by virtue of
membership in or representation by the Bargaining Unit.
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and Local 1 - Confidential agree to keep duplicate originals of this Memorandum
on file in a readily accessible location available for inspection by any employee or member of
the public upon request.
1.5 EXISTING LAWS, REGULATIONS & POLICIES
This agreement is subject to all applicable laws of the State of California, ordinances,
regulations, and policies of the City of San Rafael.
1.6 STRIKES & LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out employees, and
Local 1 - Confidential agrees that it will not agree to, encourage or approve any strike or
slowdown growing out of any dispute relating to the terms of this Agreement. The Bargaining
Unit 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 Memorandum shall be held to be invalid by operation
of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of
any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not
be affected thereby, and the parties shall, if possible, 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, regulation, ordinance or resolution, which are not specifically superseded by this
Memorandum of Understanding shall remain in full force and effect throughout the term of this
Agreement.
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1 Understanding
The parties jointly represent to the City Council that this Memorandum of Understanding set
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, nor as to
wages or fringe benefits during the period of the term of this Memorandum.
The foregoing shall not preclude the parties hereto from meeting and conferring at any time
during the term of this Agreement with respect to any subject matter within the scope of meeting
and conferring by mutual agreement.
2 MMBA
2.1 BARGAINING UNIT RIGHTS
2. 1.1 Bargaining Unit Stewards Designation
The Bargaining Unit shall, by written notice to the City Manager, designate certain of its
members as Local 1 - Confidential Representatives. Local 1 - Confidential Representatives
shall be permitted reasonable time for Bargaining Unit activities including grievance
representation. In all cases, the Representatives shall secure permission from the
Representative's supervisor before leaving a work assignment. Such permission shall not be
unreasonably withheld.
Local 1 - Confidential Representatives, for salary discussions, shall be in accordance with
Meyers-Milias-Brown (MMB) Act.
2.1.2 Bulletin Boards
Authorized representatives of the Bargaining Unit shall be allowed to post Local 1 - Confidential
notices on specified bulletin boards maintained on City premises.
2.2 DUES DEDUCTION
2.2.1 Collection of Dues
City agrees, upon receipt of a written request by the Bargaining Unit, and upon written consent
of the employees involved, to deduct dues and voluntary Bargaining Unit deductions selected by
members, as established by Local 1 - Confidential, from the salaries of its members. The
Bargaining Unit shall notify the City in writing as to the amount of such dues uniformly required
of all members of Local 1 - Confidential. The sums so withheld shall be remitted by City, without
delay, along with a list of employees and their respective dues and voluntary deductions. The
Bargaining Unit bears responsibility for allocating dues and voluntary deductions pursuant to
employees' requests.
The employee's earnings must be regularly sufficient after other legal and required deductions
are made to cover the amount of the dues or service fees check off authorized. When an
employee is in a non -pay status for an entire pay period, no withholding will be made to cover
the pay period from future earnings. In the case of an employee who is in a non -pay status
during only part of the pay period, and the salary is not sufficient to cover the full withholding, no
deduction shall be made. In this connection, all other legal and required deductions have
priority over Local 1 - Confidential dues.
2.2.2 Dues Collection during Separation from Employment
The provisions specified above (Section 2.2.1.) shall not apply during periods of separation from
the Bargaining 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 representation by the
Bargaining Unit. The term separation includes transfer out of the Bargaining Unit, layoff, and
leave without pay absences with duration of more than five (5) working days.
2.2.3 Agency Shop
The parties hereto recognize that within the Agency shop provisions of this agreement,
Bargaining Unit employees may opt to join Local 1 - Confidential or register as a fee payer
during the first thirty (30) days of their employment. Neither the City nor the Bargaining Unit will
discriminate against any employee because of the exercise of their statutory rights. Local 1 -
Confidential agrees to its obligation to represent all the employees in the Bargaining Unit fairly
and equally, without regard to their membership in the Bargaining Unit.
Therefore, any employee of the City, who is a member of Local 1 - Confidential, or who
subsequently joins, and all employees in the Bargaining Unit hired, as a condition of continued
employment, are required to either belong to Local 1 - Confidential or to pay to Local 1 -
Confidential an amount equal to a fair share percentage of that which would be paid by an
employee who decides to become a member of the Bargaining Unit at the time of employment.
2.2.4 Indemnification
Moneys withheld by the City shall be transmitted to the Treasurer (as identified in writing by
Local 1 - Confidential) at the address specified. The Bargaining Unit shall indemnify, defend,
and hold the City harmless against any claims made, and against any suit instituted against the
City on account of check off of employee organization dues or service fees. In addition, the
Bargaining Unit shall refund to the City any amount paid to it in error upon presentation of
supporting evidence.
2.3 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, 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:
1. To manage the City generally and to determine the issues of policy;
2. To determine the existence of facts which are the basis of the management decision;
3. To determine the necessity of any 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 (after effect bargaining) 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 other legitimate reasons;
11. 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 and this MOU;
12. To determine job classifications and to reclassify employees;
13. To hire, transfer, promote and demote employees in accordance with this Memorandum
of Understanding and the City's Rules and Regulations;
14. To determine policies, procedures and standards for selection, training and promotion of
employees;
15. To establish and modify employee and organizational performance and productivity
standards and programs including but not limited to, quality and quantity standards; and
to require compliance therewith;
16. To maintain order and efficiency in its facilities and operations;
17. 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;
18. To take any and all necessary action to carry out the mission of the City in emergencies.
The City and Local 1 - Confidential agree and understand that if, in the exercise of any of the
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 Meyers/Milias/Brown Act, case law interpreting said
acts, and/or Federal law, the City shall have the duty to meet and confer with the Bargaining
Unit regarding the impact of its decision/exercise of rights.
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 payday, the payday will be transferred to the following day of regular
business unless Finance is able to complete the payroll by the previous work day. The method
of distributing the payroll shall be established by the Finance Director.
3.1.2 General Wage Increase — FY 10/11
The City and the Bargaining Unit agree that there will be no Cost of Living Adjustment for the
period of Fiscal Year 2010/11. Salary rates for all bargaining unit positions are shown in the
salary table attached as Exhibit A.
3.1.3 Definitions
Total Compensation shall be defined as: Top step salary (excluding longevity pay steps),
educational incentive pay, confidential 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's retirement
contribution, employer paid contributions toward insurance premiums for health, life, long term
disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.
The CPI shall be the percentage change in the San Francisco -Oakland -San Jose Area All
Urban Consumer index as published by the Bureau of Labor Statistics for the one year period
ending each October during the term of the contract.
3.1.4 Compensation Plan
The Compensation Plan adopted by the City Council shall provide for salary schedules, 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.
All initial employments shall be at the first step of the salary range. The City Manager or his/her
designee may authorize, upon the recommendation of the Appointing Authority, 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 a beginning salary
in excess of the first step.
3.2 STEP INCREASES
3.2.1 Entry Level Step
All initial employment shall be at the first step of the salary range, provided that the City
Manager may make an appointment to a position at an appropriate higher salary when, in
his/her opinion, it is necessary 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 a beginning salary in excess of the first step.
3.2.2 Consideration for Step Increases
An employee may be considered for an annual salary step increase in accordance with their
anniversary date and the parameters of the salary schedule, as referenced in Exhibit A. Unless
otherwise noted, salary schedule increases within established salary ranges are scheduled at
yearly intervals. Advancement to a higher salary step within an established salary range is
granted for continued improvements and efficient and effective work by the employee in the
performance of his/her duties.
3.2.3 Merit Increases
Accelerated merit performance step increases of five percent (5%) may be granted an
employee based upon the recommendation of the Department Director and approval of the City
Manager. Employees at the maximum step of their salary range may be granted a merit
performance step increase of five percent (5%) above and beyond their salary range, either in a
one time lump sum payment or as a percent increase per paycheck for the designated period of
time. A merit step increase may be effective for up to one (1) year. A merit step increase may
be withdrawn and is not a disciplinary action and is not appealable.
3.2.4 Anniversary Date
Effective 1-1-89, the anniversary date for employees promoted on or after this date shall remain
unchanged. Based upon job performance, as measured by a Performance Evaluation,
employees may receive consideration for a step increase within their salary range on their
anniversary date.
3.2.5 Promotions
Employees promoted to higher-level positions shall be placed at the step in the new salary
range that will provide, at a minimum, a five (5%) increase (unless that would exceed the top
step in the salary range).
3.2.6 Performance Evaluations
Prior to the completion of the probationary period, a minimum of one performance evaluation
report shall be reviewed with the employee.
Upon completion of the probationary period, a performance report shall be prepared and
reviewed yearly thereafter for each employee in the Classified Service, as a means of
determining whether in -grade salary increases are merited, and/or as a means of improving
employee performance and communication between supervisors and subordinates.
3.3 SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified the incumbent shall be affected as outlined below:
3.3.1 To a Lower Classification
When a position is re -allocated to a lower classification. The incumbent is either:
1. Transferred to a vacant position in the former classification; or
2. If the incumbent's current salary is greater than the top step of the lower classification, Y -
rated at the current salary until the salary of the lower classification is at or above the Y -
rate.
3.3.2 To a Different Classification with the Same Salary Range
When a position is reallocated to a different classification with the same salary range, the
incumbent shall be granted the same status in the new classification, in which he/she shall be
paid at the same step of the range and shall maintain the same salary rights.
3.3.3 To a Higher Classification
When a position is reclassified to a classification with a higher salary range, the incumbent is
moved into the higher classification with the position, except in the circumstances prescribed
below. Placement in the salary range shall be in accordance with the appropriate salary
schedule.
If the duties upon which the reclassification are based could have been assigned to any of a
number of employees in that classification within the division or department, then a promotional
exam is held for the reclassified position. Such an exam is a departmental only recruitment
limited to employees within that classification. If the incumbent is not successful in this
competitive process, she/he is assigned to the position vacated by the promotion.
3.4 OUT OF CLASS COMPENSATION
Employees assigned in writing by their supervisor to perform work in a higher paid classification,
shall be compensated at a rate 5% greater than the employee's current base salary. The out -of -
class increase shall be retroactive to the first day of the assignment. If the assignment extends
beyond four consecutive weeks, then the employee shall be compensated at the lower step of
the classification within which the duties fall if that is greater.
3.5 ADDITIONAL PAY
3.5.1 Confidential Pay
The Confidential Pay incentive for all members is included in the base salary.
3.5.2 Educational Reimbursement
Until July 1, 2009, Local 1 - Confidential had a separate Educational Reimbursement Program
which had a cap of $450/fiscal year. This value is now included in the base salary of all Local 1
- Confidential members. Local 1 - Confidential members agree that future education expenses
are not eligible for reimbursement since these funds have been moved to base pay.
3.5.3 Bilingual Pay
Within the job classifications represented by the Bargaining Unit, provisions are hereby
established whereby an employee may receive bilingual pay for full fluency in a foreign
language.
Full fluency is defined as a skill level that will allow the employee to fully assist someone else
who does not speak English in coping with situations or problems by translating for, conversing
with and/or reading or writing written material.
An employee can petition to his/her Department Director for this bilingual pay incentive. With
the Department Director's recommendation and on review by the Human Resources Director
and approval of the City Manager, the employee may begin to receive this bilingual pay
incentive.
Criteria for approval of the bilingual pay incentive by the City Manager include:
a. Certification by a recognized school of the appropriate skill level; and/or
b. Demonstrated ability of the proficiency level on the job; and
c. Department Director's recommendation and statement that the bilingual skill of the
employee can be of value to the department and the employee in the completion of their
regular work assignments.
An employee approved for the bilingual pay incentive shall receive an additional $150.00 per
month above their base salary.
This bilingual pay incentive shall be reviewed annually and as long as the employee
demonstrates (by work experience or re -testing, as determined by the City of San Rafael) the
full fluency skill level; and as long as the Department Director indicates the value of this skill to
the department and the employee in the completion of their regular work assignments.
Removal of the bilingual pay incentive would be considered a non -disciplinary action and as
such would not be subject to any appeal/grievance procedure.
3.5.4 Uniform Allowance
Any Local 1 - Confidential member required to purchase a uniform to meet departmental
regulations shall be reimbursed for such cost.
3.6 REVENUE SHARING
3.6.1 Conditions for Revenue Sharing
Employees in the bargaining unit positions defined in this MOU shall receive Revenue Sharing
Increases, effective January 1 of each year of the contract, in addition to the Contract
Compensation Increase (if any), if the following conditions are met:
a. If growth in General Tax Revenues have resulted in revenues being available for
distribution, based upon the formulas defined in Section 3.6.2, and,
b. The "net change in General Fund Balance", as defined in Section 3.6.2, as presented in
the previous year's annual audit, is positive and,
c. The City has had two consecutive years with a positive net change in the General Fund
balance, and
d. The net change in the General Fund balance is at least $500,000, and,
e. The total amount of revenue shared will not exceed 2% of annual salary cost paid to all
employees in the bargaining unit.
If all of the above five conditions are met, then a Revenue Sharing salary increase shall be paid
prospectively, effective with the January 1St pay period (paycheck date of January 31s) to bring
the combination of the Contract Compensation Increase and the Revenue Sharing Increase up
to the level of the total compensation of 2% above the Administrative Assistant III represented
by SEIU Local 1021 (as defined below) in recognition of special confidential duties performed by
Local 1 - Confidential Bargaining Unit members. However, in no event shall the Combined
Contract Compensation Increase and Revenue Sharing Increase exceed 5% for the fiscal year
under review.
3.6.2 Revenue Definitions & Revenue Sharing Calculations
Net Change in General Fund Balance is a figure which describes whether the City achieved a
positive change in the General Fund for the preceding fiscal year. It is determined by the City's
audited financial statements and presented as "net change in fund balance" in the City's
published statements.
General Tax Revenues shall be defined to include the following taxes: Sales Tax, Property Tax
(Secured, Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax, Hotel
Occupancy Tax, Business License Tax and Franchise Fees. No other revenue sources of the
City will be included in this definition.
If General Tax Revenues of the City for each fiscal year of this contract exceed General Tax
Revenues of the City for the prior fiscal year as adjusted by 75% of the total compensation
increases provided for the fiscal year, then the members of the bargaining unit shall be entitled
to apply 2.0% of one-half (1/2) of the excess of fiscal year General Tax Revenues over prior
fiscal year General Tax Revenues adjusted for 75% of the total compensation increases (as
listed above in this section) provided to members in the fiscal year, for a Revenue Sharing
Salary increase.
The Revenue Sharing salary increase shall be determined based on a comparison of the total
compensation of the Administrative Assistant III represented by the Local 1 - Confidential
Bargaining unit and 2% above the Administrative Assistant III represented by SEIU Local 1021.
For the purposes of this section, the Administrative Assistant 111 (Local 1 - Confidential) will act
as the benchmark for all Local 1 - Confidential positions.
If total compensation of the top step Local 1 - Confidential benchmark position (noted above)
has not reached the level of total compensation of top step of 2% above the Administrative
Assistant III (SEIU) in September of each year of the contract, then Local 1 - Confidential
Bargaining Unit employees shall be entitled to a revenue sharing increase, subject to the terms
set forth in this section. However, if the increase would cause the benchmark position (Local 1 -
Confidential) total compensation to exceed 2% above the Administrative Assistant III in SEIU,
then only that percentage needed to reach the total compensation level will be applied to all
related classifications. If Revenue Sharing funds available are insufficient to bring the
Administrative Assistant III (Local 1 - Confidential) to 2% above the Administrative Assistant III
(SEIU), the Local 1 - Confidential classifications shall receive only an amount up to the total
Revenue Sharing funds available as defined in this section.
3.6.3 Schedule
a. September 7th- General Tax Revenues. The City shall make known to the Bargaining
Unit if General Tax Revenues have grown from the prior fiscal year on September 7th of
each year of this contract. If no growth in General Tax Revenues has taken place, there
shall be no Revenue Sharing for that fiscal year of the contract.
b. November 1gt - Net Change in General Fund Balance. By November 1St of each year,
the City shall make known to the Bargaining Unit whether there is a positive change in
the General Fund Balance. If there is not, then no Revenue Sharing shall take place for
that fiscal year
c. January 1St — Base Monthly Pay Increases. The January 1St pay period shall be the
start date (for paycheck date of January 31S) for Revenue Sharing Salary increases.
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, Police, Police Mid -Management, Fire, Fire
Chief Officers Association, Western Council of Engineers, Local 1 - Confidential, Mid -
Management and Management employees.
4.2 HEALTH & 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 plan.
The monthly flex dollar allowance effective the paycheck of December 15, 2010 shall be:
For employee only: $ 749
For employee and one dependent: $ 1,231
For employee and two or more dependents: $ 1,336
Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year by
3%.
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) 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
balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be
used in accordance with the terms of the cafeteria plan to purchase health, employee voluntary
life insurance, and Healthcare and Dependent Care expenses or may be converted to taxable
income. For example, in calendar year 2010, a single employee's monthly flex dollar allowance
for health is $727; of that amount $105 has been designated by CalPERS as the City's monthly
PEMHCA contribution. The balance of $622 must be used to purchase other coverage as
offered through the cafeteria plan or may be converted to taxable income once the appropriate
health elections have been made.
If an employee has health insurance coverage through a spouse/dependent or a former
employer and provides proof of other coverage to the Human Resources Department, the
employee may elect to waive the City's health insurance coverage, the employee shall receive
$300 in flex dollars in accordance with the terms of the cafeteria plan. 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.
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.
The City shall be responsible for paying premiums for a Long Term Disability Policy for each
employee that satisfies the eligibility provisions of the long term disability policy. The Long Term
Disability policy shall provide for salary replacement of 66.67% of an individual's salary up to a
maximum disability benefit of $1,000 per month.
The City will contract for a vision plan and provide a flex dollar allowance for the purchase of vision
benefits. The flex dollar allowance for vision benefits shall be in addition to the flex dollar
allowance stated above. The allowance for vision benefits shall not exceed $10.55 per employee
per month. Employees will be eligible to enroll qualified family members and will pay the premium
for such enrollment.
4.2.2 Pay Back Provision
For active employees, the difference between the allotted amount (base level and Flexible
Spending Account) and the cost of the City -offered Health, Accident, Life and Disability
insurance plans will be paid back to the employee up to a maximum $105/month through
December 31, 2009. Pay back is pro rated for part time employees covered by this Agreement.
4.2.3 Retirees Health Insurance
Employees represented by Local 1 - Confidential 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. Longevity Payment for Employees hired on or before January 1, 2010. The City
shall make a monthly longevity payment into a Retiree Healthcare Reimbursement Trust
(Retiree HRA Trust) 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 contribution
to the Retiree HRA trust shall not exceed $659 per month. The City's contribution
towards a retiree's Retiree HRA Trust account 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 4.2.4.b, shall be the PEMHCA minimum contribution as
determined by CalPERS 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 (hired on or after January 1, 2010) 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 time after the conversions.
4.2.4 Pro Rata Benefit Rules
Employees covered by this Agreement who work less than full time but more than twenty (20)
hours per week on a regular basis shall be eligible to receive: a) pro rated leave benefits; b) a
pro rated share of the monthly dollar contribution made by the City to be used for enrollment in
City offered group health, life, and long term disability insurance plans which the employee may
be eligible for based upon the regular hours the employee works, and c) pro rated share shall
be equivalent to the part time employee position's ratio of hours worked to full time equivalency.
4.2.5 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 Local 1 -
Confidential and available pursuant to the IRS Code, 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, 2003 at IRS Code limit, not to exceed $5,000. Employees
are responsible to pay the monthly administrative fee and any increase established by
the third party administrator.
b. Dependent Care Spending Account: Dependent care expenses that qualify under the
IRS Code at the IRS Code limit (currently $5,000). 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.
The City shall establish an annual enrollment period and each employee must re -enroll annually
for either plan noted in a. and/or b. above. The City shall have the authority to implement
changes to the 125 Programs to comply with changes in applicable IRS laws without having to
go through the meet and confer process.
4.2.6 Health Insurance Providers
The City shall have the option, after meeting and consulting with representatives of Local 1 -
Confidential, 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 from those benefits
available under the PERS program.
4.3 DENTAL PLAN
The City will provide a dental insurance program which offers 100% coverage for diagnostic and
preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible
costs associated with crown and cast restoration per patient per calendar year and orthodontic
coverage for eligible dependents (50/50). The dental provider will provide payments for covered
12
services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each
enrollee in each calendar year.
Dental insurance enrollment will be available to part time, permanent employees working at
least 20 hours per week (FTE level of position). The City's contribution towards the monthly
dental insurance premium will be prorated based on the FTE level of the part time employee.
4.4 RETIREMENT CONTRIBUTION
4.4.1 City Paid Employee Retirement (City Paid Member Contribution)
Local 1 - Confidential members shall pay the full share of the employee's contribution to the Marin
County Retirement System.
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.
4.4.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 2.7% at 55 -
retirement program to all eligible Local 1 - Confidential 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.
4.4.3 Member Cost of Living Rates
Local 1 - Confidential members who are eligible to participate in the Marin County Employee
Retirement Association will pay their full share of members' cost of living rates as allowed under
Articles 6 and 6.8 of the 1937 Retirement Act. Local 1 - Confidential member contribution rates
include both the basic and COLA portions (50% of COLA is charged to members as defined in
the 1937 Act).
4.4.4 Pension Costs
Within the time period covered by this MOU, representatives of the City and Local 1 -
Confidential will continue to meet on the subject of reducing pension cost.
4.5 STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically deducted from their
paycheck and no City contribution will be made toward participation in the plan.
It is incumbent upon the employee to keep the City advised of their medical status and eligibility
for SDI. With this notification, SDI benefits, as determined by the State, shall be integrated with
accrued sick and vacation leave in the following manner:
1. Employee notifies supervisor of disability and need for time off. At the same time
employee files for SDI through the State Office.
2. Supervisor verifies from leave records the employee's accrual balances and projects
whether or not employee would, under normal circumstances, be placed in a leave
without pay status during the time off period.
3. Personnel Action Report (PAR) is completed by the supervisor to document request and
approval of extended leave.
4. Human Resources Department, on receipt of PAR, contacts employee and supervisor to
discuss availability of coordination of SDI with leave benefits.
IN
5. Employee's time off is recorded as sick leave and if necessary then vacation leave on
time cards submitted by the supervisor to the Payroll Office.
6. On receipt of the SDI checks employee endorses the checks over to the City of San
Rafael.
7. Based upon employee hourly rate of pay the Payroll Office computes how much used
sick and/or vacation leave time the employee may buy back and credits the employee
with those hours. NOTE: The employee may not buy back more than accrued at or
during the time of the disability.
8. The Human Resources Department, after notification from Payroll, notifies the employee
when they have used all accrued sick and/or vacation time and when leave without pay
status (LWOP) begins. Once the employee is on LWOP they would keep any SDI
checks received and would be fully responsible for the monthly health, dental and life
insurance premiums if they chose to remain in the group plans.
5 LEAVES
5.1 SICK LEAVE
5.1.1 Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at
an 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 Department
Director according to department Rules and Regulations at the beginning of his/her daily duties.
The City has the right to request medical verification from an employee who is absent from
his/her duties for three (3) or more consecutive work days.
5.1.2 Sick Leave Accrual
All eligible full time employees shall earn sick leave credits at the rate of one (1) working day per
month commencing with the date of employment. Unused sick leave may be accumulated to
any amount but a cap exists for payoff purposes (see Section 4.6.5). The sick leave accrual
rate is prorated for eligible part time employees.
5.1.3 Use of Sick Leave
An employee may use accrued sick leave during their probationary period. An employee
eligible for sick leave with pay shall be granted such leave for the following reasons:
1. Personal illness of the employee or illness within the immediate family (family member
means an employee's spouse, registered domestic partner, and any unmarried child,
including adopted child, a stepchild, or recognized natural child who lives with the
employee in a regular parent-child relationship), or physical incapacity of the employee
resulting from causes beyond the employee's control; or
2. Enforced quarantine of the employee in accordance with community health regulations;
or
3. Medical appointments that cannot be scheduled during non -working hours shall be
charged to sick leave.
4. Personal illness of an employee's parent that requires the employee to attend to their
care.
14
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 retire from the City of San Rafael within 120 days of leaving City employment
(excludes deferred retirements) shall receive employment service credit for retirement purposes
only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are
eligible to receive and they elect to receive in compensation for at the time of retirement (see
Section 5.1.6).
Employees hired on or after July 1, 2009 are not eligible to receive employment service credit of
all accrued, unused sick leave for retirement purposes.
5.1.6 Compensation for Unused Portion
Upon termination of employment by resignation, retirement or death, a regular employee who
leaves the City service in good standing shall receive compensation for all accumulated unused
sick leave based upon the following formula: a rate of three percent (3%) for each year of
service (i.e., 3% times number of employment service years). The maximum number of
accumulated, unused sick leave an employee may be compensated for upon termination of
employment is 600 hours. See Section 5.1.5 regarding service credit option for accumulated,
unused sick leave that the employee is not compensated for upon termination.
5.2 VACATION LEAVE
5.2.1 Eligibility
Annual vacation with pay shall be granted each eligible employee. Vacation leave accrued shall
be prorated for those employees working less than full time. Employees will be permitted to use
accrued vacation leave after six (6) months of employment subject to the approval of the
Department Director.
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 accrue vacation at the following rate for continuous service.
Each service year in the chart begins on the first working day and ends on the last day of the
service year:
Service Year Annual Hours Hours Per Month
1 75.000 hours
6.2500
2 75.000 hours
6.2500
3 75.000 hours
6.2500
4 112.500 hours
9.3750
5 1117.867 hours
9.8222
6 ' 123.234 hours
10.2695
7 128.601 hours
10.7167
8 133.968 hours
11.1640
15
9
139.335 hours
11.6110
10
144.702 hours
12.0580
11
150.000 hours
12.5000
12
157.500 hours
13.1250
13
165.000 hours
13.7500
14
172.500 hours
14.3750
15
180.000 hours
15.0000
16 plus
187.500 hours
15.6250
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 Department Director, may advance
vacation credits to any permanent regular and permanent part time employee.
No employee may accrue more than 250 hours. Vacation accruals will resume once the
employee's accumulated vacation balance falls below the allowable cap limit.
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 employee's Department Director 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, the
vacation hours that shall be charged against any employee's accrued vacation shall be those
hours that the employee is regularly scheduled to work.
Employees who terminate their employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the effective date of termination.
5.2.4 Vacation Cash -In
An employee who has taken at least ten (10) days of vacation in the preceding twelve (12)
months may request that accrued vacation, not to exceed seven (7) days, be converted to cash
payments and the request may be granted at the discretion of the City Manager. Employees
cannot cash in more than seven (7) days of vacation in any one twelve (12) month period.
5.3 HOLIDAYS
All employees who are required to work on a day designated as an authorized holiday, other
than a day on which an election is held throughout the state, shall be paid at the applicable rate
of pay for the number of hours actually worked.
When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the
Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed.
The following holidays will be observed:
January 1"
The third Monday in January
The third Monday in February
March 31"
The last Monday in May
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
Cesar Chavez Day
Memorial Day
U06
July 4" Independence Day
The first Monday in September Labor Day
November 11`" Veteran's Day
The fourth Thursday in November Thanksgiving Day
The fourth Friday in November Day after Thanksgiving
December 25"
Christmas Day
In addition to designated holidays, employees in this Bargaining Unit receive two (2) floating
holidays. Floating holidays not used are added to employee's vacation balance.
5.4 OTHER LEAVE
5.4.1 Personal Leave — Supervisory Unit
Up to two (2) days of Personal Leave per fiscal year shall be granted to supervisory employees,
with prior supervisory approval. Employees must submit leave requests two (2) weeks in
advance. Unused Personal Leave does not carry over and cannot be cashed out.
5.4.2 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 within the State and up to five (5)
days 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 Department Director as part of the request for bereavement
leave.
5.4.3 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 Appointing Authority and remits to the City all per diem service fees except mileage
or subsistence allowance within thirty days from the termination of such duty.
5.4.4 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
appointing authority and the Department Director an opportunity, within the limits of military
regulations, to determine when such leave shall be taken.
5.4.5 Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager upon the written request of
the employee. Accrued vacation leave must be exhausted prior to the granting of leave without
pay.
5.4.6 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
17
Resources Department coordinates benefits for Worker's Compensation claims. For further
information, see the City's Workers' Compensation policy located on the Intranet at
https://intra net. citvofsan rafael. o rq.
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.
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 TD payments with
salary continuation, as follows:
Compensation leave payments 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.
Sick Leave Usage Post Industrial Injury/Illness
The following rule applies to employees who have an accepted industrial injury/illness: Available
accrued sick leave cannot be used for more than 60 calendar days after one of the following has
been determined:
a. The employee has reached maximum medical improvement and/or has been
determined "permanent and stationary."
b. 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:
a. The interactive process; attempt to locate other appropriate employment within the City
b. If none available proceed with termination process, including disability retirement
application and/or Skelly process, if appropriate.
5.4.7 Family Medical Leave
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
employee's Department Director 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 appropriate and requested.
Sick leave usage is to be consistent with sick leave provisions of the MOU. To be eligible for this
family leave benefit, an employee must have worked continuously for the City of San Rafael for at
least 12 months and have worked a minimum of 1250 hours in the previous 12 month period. For
details, please see the City's FMLA policy located on the Intranet at
https://intra net. citvofsa nrafael. orq.
5.4.8 Catastrophic Leave
Catastrophic Leave shall be in accordance with the City-wide Catastrophic Leave Policy located
on the City's Intranet at https:Hintranet.citvofsanrafael.orq.
49
G TERMS & CONDITIONS OF EMPLOYMENT
6.1 HOURS OF WORK
The work week will reflect a thirty-seven and one-half (37 1/2) hour work week and a work day
of seven and one-half (7 1/2) hours for all represented job classes in this Agreement and all
accruals and usages in the contract will reflect a seven and one-half (7 1/2) hour work day.
Nothing herein will prevent a Department Director, in his/her discretion, from adopting a flexible
schedule or variable work week by either meeting or conferring with Local 1 - Confidential or the
consent of the affected employee(s).
6.2 OVERTIME
Shall mean actual time authorized and worked beyond the regular work week or work day. A
work or duty week shall be defined as seven (7) consecutive calendar days. Overtime is
compensable to the nearest half-hour, and must have prior authorization and approval of the
Department Director.
Each Department Director shall have the authority to designate certain job classifications for
mandatory overtime in emergencies. In the event the Department Director determines that
there is a staffing need during an emergency, the Department Director shall first make a
reasonable effort to seek qualified volunteers to work overtime during the emergency. If the
Department Director determines that there are an insufficient number of volunteers, or if time
constraints prevent the soliciting of volunteers, the Department Director may order employees in
the designated classifications to report to work in overtime status to address the emergency.
6.3 COMPENSATORY TIME POLICY
With the Department Director's approval, compensatory time, in lieu of overtime pay, may be
taken subject to the following rules:
6.3.1 Accrual Limit
Employees may accrue up to 115 hours of compensatory time after which said employee must
accept overtime pay in lieu of accruing additional compensatory time.
6.3.2 Overtime Rate
Employees who work overtime may be paid for it at the rate of time and one-half or may accrue
compensatory time at a rate of time and one-half subject to the limitations in Section 6.3.1.
Employees who elect compensatory time must take the time off, preferably within the quarter
during which it was earned, and shall not be paid for it.
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 and promotional appointment shall be for one (1) year.
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.
19
6.4.4 Notification of Rejection
On determining that a probationary employee's work is not satisfactory, the Appointing Authority
shall notify the Human Resources Director in writing of his/her intention to terminate the
employee. After discussion with the Human Resources Director, the Appointing Authority shall
notify employee in writing of his/her rejection.
6.4.5 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.
6.4.6 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 position in a higher position
classification provided he/she 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 his/her 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.
6.4.9 Lateral Transfer Probation
Voluntary transfers to another job classification, within the same salary range, shall require a six
(6) month probationary period. In the event of unsuccessful passage of this period refer to
Section 6.4.8.
6.5 TRANSFERS/ REASSIGNMENTS
6.5.1 Types of Transfers
Transfers may be within the same department (intra -departmental) or between departments
(inter -departmental). The requirements for each are as follows:
a. Intra -departmental transfers.
The Appointing Authority shall have the authority to transfer an employee from a position in
one division of a department to a position in the same or similar classification with the same
salary range, in the same division or to another division of the same department (at any time
and for any duration).
b. Inter -departmental transfers.
An employee may transfer from a position in one (1) department to a position in the same or
similar classification in another department, provided the consent of the two Appointing
Authorities and the City Manager is obtained.
W11
c. Voluntary Transfers.
An employee may make a written request for transfer to the Human Resources Director to a
position in the same or similar classification with the same salary range. Such a transfer
may be made on the recommendation of the affected Department Director(s) and the
approval of the City Manager.
6.5.2 Minimum Qualifications & Probation
Any persons transferred to a different position shall possess the minimum qualifications for the
position.
6.5.3 Transfer Procedures
The City Manager may authorize the transfer of an employee from one position to another of the
same or comparable class of work and where the same general type of examination is given for
entrance to such a position.
Transfers from one department to another department having a different jurisdiction or different
function shall be done only with the consent of the Department Directors, involved, unless such
a transfer is ordered by the City Manager for purpose of economy or efficiency.
Any person transferred to a different position shall possess the minimum qualifications for the
position.
Employees who have completed their initial probation may seek voluntary transfers to positions
within the same job class, and/or lower level job classes as long as the employee meets the
minimum qualifications for the position. Employees seeking transfer should submit a completed
application to the Human Resources Department. As vacancies occur, transfer candidates may
receive consideration along with those on the eligibility list.
6.6 PERSONNEL RULES & REGULATIONS
Local 1 - Confidential agrees to accept the City's Personnel Rules and Regulations.
6.6.1 Confidential Nature of Personnel Records
All personnel records and files and examination materials are confidential. The Human
Resources Director shall take all necessary steps to protect the confidentiality of those
materials. Disclosure of such records shall be governed by the Public Records Act,
Government Code Sections 6250, et. seq. Individual employees may review their official
personnel file maintained by Human Resources Department and/or respective appointing
authority. With the written consent of the employee, the authorized representative of the
recognized employee organization may also review that personnel file.
6.6.2 Confidential Nature of Medical Records
All medical records and files are the property of the City of San Rafael. These confidential
records and files are to be maintained in a file separate from the employee's personnel file in
the Human Resources Department. Disclosure of such records shall be governed by the Public
Records Act, Government Code, Section 6250, et. seq.
6.6.3 Outside Employment Policy
Local 1 - Confidential members should refer to the City wide Policy on outside employment,
located on the City's Intranet(httos://intranet.citvofsanrafael.ora) for policies and procedures
related to outside employment.
6.6.4 Use of City Vehicle
At the discretion of the Department Director, a Local 1 - Confidential employee may be assigned
a City vehicle for job related duties during regular working hours. Only in emergency conditions
will an employee be allowed to take a City vehicle home and only with prior approval of the
Department Director.
6.6.5 Safety Policy
The City of San Rafael is committed to providing a safe and healthy place to work. The City
shall furnish safety devices and safeguards, and shall adopt and use methods and processes
adequate to ensure that the work place is safe and healthy. Employees are expected to obey
safety rules and make proper use of safety gear and equipment. The City's safety policies and
procedures shall comply with all applicable state laws related to a safe work environment.
6.7 MISCELLANEOUS
6.7.1 Hazardous Materials
First responders at this level (awareness only) are those who are likely to witness or discover a
hazardous substance release and who have been trained to initiate an emergency response
operations level. "Awareness" individuals take no action beyond notifying the designated
authorities of the release. The Deputy Fire Marshal is the Hazardous Materials Coordinator for
the City of San Rafael.
It is understood and agreed by both parties that employees represented by Local 1 -
Confidential do not have any responsibility to clean up, mitigate or otherwise dispose of
hazardous materials. The Fire Department personnel and/or contract personnel have the direct
responsibility of dealing with hazardous materials.
6.7.2 Gratuities / Solicitation of Contributions
Gratuities and solicitation of gratuities shall be governed by the City's Personnel Rules and
Regulations.
6.7.3 Return of City Equipment
Upon termination of employment, all tools, equipment, and other City property assigned to an
employee shall be returned.
6.7.4 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and
Federal Law.
6.7.5 Employment of Relatives
Employment of relatives shall be governed by the City's Personnel Rules and Regulations.
6.7.6 Labor/ Management Meetings
During the term of the Agreement, the City and the Bargaining Unit agree that consultation
meetings may contribute to improved employer-employee relations. Issues relating to the
usage of volunteers and temporary/part-time/seasonal employees, promotional opportunities
and the implementation of safety programs will serve as a basis for initial agenda items to be
discussed and acted upon.
The committee shall be comprised of two (2) Local 1 - Confidential representatives and three (3)
representatives from City Management. The parties agree that committee members may
change depending on the subject matter.
22
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. It is intended that the subject matter will not include issues
subject to Article 7.4 Grievance Procedures.
6.7.7 Contract Orientation Work Sessions
The City and the Bargaining Unit agree that the individuals having responsibility for the
enforcement of the Agreement, Local 1 - Confidential Representatives and Department
Directors/Supervisors, shall participate in an Annual Contract Orientation Work Session for the
purpose of obtaining a better understanding of the provisions of the contract. These work
sessions shall be held on City time and facilities.
6.7.8 Harassment Policy
Employees shall adhere to the City's Policy against Harassment, located on the City's Intranet
(hftDs://intranet.citvofsanrafael.orci.).
7 PROCEDURES
7.1 DEMOTION & SUSPENSION
7.1.1 Demotion
The Appointing Authority may demote an employee when the following occurs:
a. The employee FAILS to perform his/her required duties.
b. 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 Appointing Authority, 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 Department.
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 Appointing Authority may suspend an employee from a position at any time for a
disciplinary purpose. The 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 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
Appointing Authority and the Human Resources Department.
7.2.2 Termination - Layoff (Lack of work or funds)
The Appointing Authority may terminate an employee because of changes in duties or
organization, abolishment of position, shortage of work or funds, or completion of work for which
employment was made.
23
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 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.
7.2.5 Rejection During Probation
An employee may be terminated from their position during the probationary period of their initial
appointment to the City's classified service without Right of Appeal.
7.3 DISCIPLINARY ACTION
7.3.1 Right to Discipline & Discharge
Upon completion of the designated probationary period an employee shall be designated as a
non -probationary employee and the City shall have the right to discharge or discipline any such
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 during the term of this Memorandum of Understanding, in strikes, individual or group
slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of
Understanding. The City shall use progressive disciplinary steps (i.e., reprimand, suspension,
demotion, discharge) unless the violation is such as to justify termination. Disciplinary action
shall mean discharge/dismissal, demotion, reduction in salary, and suspension resulting in loss
of pay.
In addition, the City may discipline or discharge an employee for the following: Fraud in
securing appointment; negligence of duty; violation of safety rules; unacceptable attendance
record including tardiness, overstaying lunch or break periods; possession, distribution or under
the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous
drugs during working hours; inability, unwillingness, refusal or failure to perform work as
assigned, required or directed; unauthorized soliciting on City property or time; conviction of a
felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward
(mistreatment of discourteousness to) the general public or fellow employees or officers of the
City; falsifying employment application materials, time reports, records, or payroll documents or
other City records; misuse of City property; violation of any of the provisions of these working
rules and regulations or departmental rules and regulations; disorderly conduct, participation in
fights, horseplay or brawls; dishonesty or theft; 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; failure to perform to an acceptable level of work quality and quantity;
insubordination; other acts inimical to the public service; inability or refusal to provide medical
statement on cause of illness or disability.
7.3.2 Preliminary Notice
A non -probationary employee shall receive a preliminary written notice from the employee's
Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must
contain a specific statement of charges or grounds upon which the proposed disciplinary action
is based and the date the disciplinary action will be effective.
24
Any known written materials, reports or documents upon which the disciplinary action is based
must be attached to the notice.
Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in
writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action
shall be imposed until the Department Director has conducted a hearing with the employee and
employee's representative present and having heard the response of the employee. If no
written appeal is filed within five (5) days, the employee shall be deemed to have waived his
right to proceed with the steps for appeal in the Grievance Procedure.
7.3.3 Disciplinary Action and Appeal
After hearing the response of the employee, the Department Director may order that the
proposed disciplinary action or modification thereof be imposed. Such notification shall be
issued in writing within 10 days of the meeting.
If the employee elects to appeal the Department Director action, he/she may request a
confidential settlement conference with the City Manager. Participation in the confidential
settlement conference shall be voluntary. If the matter is still unresolved after the confidential
settlement conference, the employee shall notify the City within ten (10) days that the matter is
appealed to Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in
accordance with the Grievance Procedure.
7.4 GRIEVANCE PROCEDURE
7.4.1 Definition
1. Grievance is a dispute, which involves the interpretation or application of any provision
of this Memorandum of Understanding. All ordinances, resolutions, rules and
regulations, which are not specifically covered by the provisions of this Memorandum
shall not be subject to the Grievance Procedure.
2. Day shall mean any day that the City Office is open for business, excluding Saturdays,
Sundays and the holidays recognized by the City.
3. Grievant may be an individual employee or a group of employees or Local 1 -
Confidential on the behalf of a group of employees or Local 1 - Confidential on its own
behalf on matters involving the City and Local 1 - Confidential relationship.
4. Time limits begin with the day following the event causing the grievance or the day
following receipt of a grievance decision.
7.4.2 Procedure
Step I
Within seven (7) working days of when the grievant knew or should have known of the act or
omission causing the grievance the grievant shall present either in writing or verbally a clear
and concise statement of the grievance to the immediate supervisor. Within five (5) working
days thereafter the immediate supervisor shall investigate and respond to the allegations of
the grievant.
Step 2
If the grievant is not satisfied with the resolution at Step I the grievant must reduce the
grievance to writing and present it to the Department Director within five working (5) days.
The written grievance shall contain a statement of facts about the nature of the grievance,
and shall identify the specific provisions of this Memorandum of Understanding alleged to be
violated, applicable times, places and names of those involved, the remedy or relief
25
requested, and shall be signed by the grievant. The Department Director shall confer with
the grievant and within ten (10) working days respond to the allegations in writing.
Step 3
If the grievant is not satisfied with the resolution at Step 2, the grievant shall, within five (5)
working days, appeal the matter to the City Manager.
The City Manager shall investigate the matter, conduct a hearing if the City Manager deems
it appropriate and within ten (10) working days, thereafter, respond to the allegations in
writing.
Step 4
If the grievance remains unresolved after Step 3, the Bargaining Unit may give written notice
to the City's Human Resources Department within ten (10) working days after receipt of the
response in Step 3; notify the City that Local 1 - Confidential wishes to appeal the grievance
to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no
agreement is reached, they shall request a list from the State Conciliation Service of nine (9)
names. The selection process will include a review of the arbitrator's availability for the
hearing. Each party shall then alternately strike a name until only one (1) name remains,
said person to be the arbitrator. The order of striking shall be determined by the flip of a
coin.
7.4.3 Arbitration
The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence
presented by the parties. The hearing should be held within 60 calendar days of the selection of
the arbitrator. The hearing shall be informal and need not be conducted according to technical
rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only
under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as
any procedural matters, and he/she may call, recall and examine witnesses, as she/she deems
proper.
The burden of proof shall be upon Local 1 - Confidential in grievance matters and upon the City
in disciplinary/discharge matters.
After the conclusion of any hearing and the submission of any post hearing evidence or briefs
agreed upon by the parties, the arbitrator shall render a written decision which shall be final and
binding upon the City, Local 1 - Confidential and any employee(s) involved in the grievance or
disciplinary matter.
The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any
provision of this Memorandum of Understanding. The arbitrator shall only determine whether a
grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall
be, or in the case of disciplinary/discharge matters, whether the City allegations are accurate
and the appropriateness of the disciplinary penalty.
The fees and expenses of the arbitrator shall be shared equally by Local 1 - Confidential and
the City. All other expenses shall be borne by the party incurring them. The cost of the services
for the court reporter shall be borne by the requesting party unless there is a mutual agreement
to share the cost or unless the arbitrator so requests. Then the costs will be shared.
7.4.4 General Provisions
1. Employees who participate in the Grievance Procedure, by filing a grievance or acting,
as a witness on the behalf of either party shall be free from discrimination by either Local
1 - Confidential or the City.
W1
2. A grievant has the right to be represented at each stage of the procedure, to cross
examine witnesses, and have access to all information regarding the basis of the
grievance upon which the City relies in making its determinations.
3. If the City management fails to respond within the specified time limits, the grievance
shall, at the request of Local 1 - Confidential, be moved to the next step of the
procedure. If Local 1 - Confidential or a grievant fails to process or appeal a grievance
within the specified time limits, the matter shall be deemed withdrawn with prejudice.
The parties may, by mutual agreement, waive the steps in the procedure.
4. If a hearing is held during work hours of employee witnesses, such employees shall be
released from duties without loss of pay or benefits to appear at the hearing. Witnesses
requested by the parties shall be compelled to attend said hearings.
5. The Human Resources Department shall act as the central repository for all grievances.
6. Time limits contained herein may be extended by mutual agreement of the parties.
Absence for bona fide reasons by a grievant, Local 1 - Confidential Representative or
any management official involved in responding to the grievance shall automatically
extend the time limits by the same number of days of absence.
7.5 POSITION RECLASSIFICATION
The process by which an individual position may be audited to review the appropriateness of its
classification is provided in this Article.
7.5.1 Purpose
This administrative procedure shall establish consistent guidelines for the creation and/or review
of a position's job classification.
7.5.2 Policy
The City of San Rafael seeks to maintain a classification system and process whereby all
positions are accurately classified on the basis of current and ongoing job responsibilities
officially assigned to said position(s).
7.5.3 Creation of New Position
The Appointing Authority or their designee may during the budget process request the creation
of a new job classification by:
1. Completion of prescribed personnel form(s) and a position description questionnaire
form.
2. Completed forms shall be submitted to the City's Human Resources Department.
3. Human Resources Department staff shall within 60 calendar days of receipt of the forms
complete a formal audit of the proposed job class and prepare a written report.
4. The written report shall be submitted to the City Manager and the City Council for final
approval.
5. Creation of a new job classification shall be effective with the start of the new fiscal year.
7.5.4 Reclassification
The Appointing Authority or their designee or an incumbent of a position or Local 1 -
Confidential on behalf of an employee may request, in writing, a classification review. This
classification review may be requested if the position has not been reviewed within the previous
twelve (12) months and either permanent and substantial changes have been made in the
duties and responsibilities assigned to the position or there is evidence that the majority (50% or
more) of the work being performed is not appropriate for the position's current classification.
1. All requests for reclassification must be submitted to the Human Resources Department
on prescribed personnel form(s) by the appointing authority. Reclassification requests
must be accompanied by a current job description approved by the position's immediate
supervisor and appointing authority.
2. Employee initiated reclassification requests must first be directed to the employee's
Appointing Authority. The appointing authority shall forward the employee's request to
the Human Resources Director within ten (10) days of receipt.
3. The Human Resources Director shall ensure the review (audit) of the employee's
position is completed within sixty (60) calendar days of receipt of the request in the
Human Resources Department.
4. Based upon the analysis and evaluation of a position, the Human Resources
Department reviewer may recommend that the position be sustained in its current class
or be reclassified (up or down) to the proper classification based upon the assigned
work. The City Manager or their designee shall review all reclassification
recommendations made by the Human Resources Department.
5. Within ten (10) days of receipt of the written audit decision the affected employee(s)
may, in writing, submit a request for review of this decision to the City Manager. This
request for review must show substantial error and/or omission on the part of the auditor.
The City Manager may render a decision on the appeal on the basis of the written
material or may interview the involved parties to discuss the specific error or omission
prior to rendering a decision.
6. The City Manager shall have final decision-making authority on all reclassifications.
7. Reclassifications shall be effective the first of the month following final approval of the
action. Any changes of pay as a result of the reallocation shall be in accordance with
the City's Personnel Rules and Regulations in effect at the time.
7.6 FURLOUGH PROGRAM
Both the City of San Rafael and Local 1 - Confidential recognize the unpredictable shifts in
funding that affect City finances. Through this recognition and in a cooperative spirit the City of
San Rafael and Local 1 - Confidential have worked expeditiously on the development of a
Furlough Program. This Agreement does not mean the City will necessarily implement
furloughs; but in the event it is necessary to implement due to continued economic problems in
the City of San Rafael, the City shall meet and consult with the Bargaining Unit at least 60 days
prior to implementation of the Furlough Program. The procedures for this Furlough Program
shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off
(herein described as MTO).
7.6.1 Voluntary Time Off (VTO)
The needs of the City and the respective departments (as determined by the Department
Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO
time granted and the resulting savings will have a corresponding impact on the time needed
through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an
employee needed to take during the fiscal year.
2. An employee selecting at least a 5% reduction of hours through the VTO would receive
"float days" as described in Section 7.6.2, item 4.b.
28
3. Employees who take VTO at a time other than when MTO is taken by other employees
will have to take vacation leave, compensatory time off or leave without pay if the MTO
results in the closure of the department.
4. Employees will be allowed to exceed a 5% reduction of hours through the VTO with
review of the Department Director and approval of the City Manager and such approval
shall be revocable should the City determine that the impact of the absence can not be
absorbed by the Department. Prior to revoking approval, the City will contact the
employee and review pertinent information which would impact the employee's ability to
return to work. Should the City need to remove additional VTO, such removal would be
considered a non -disciplinary action and would not be subject to any appeal/grievance
procedure.
7.6.2 Mandatory Time Off (MTO)
MTO will be taken by the employee during the MTO period when feasible in their respective
department (as determined by the Department Director and City Manager) and after
consultation with Local 1 - Confidential.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for
holidays. MTO time will not impact health, dental and life insurance benefits. At this time
MTO time will not impact Marin County retirement calculations of average compensation
or service credit as the City and employee will continue to fund the full amounts. If the
Marin County Retirement Association changes its policy on this, the City will, effective
the first of the month following notice from the Marin County Retirement Association,
make the necessary change in the program's administration to correspond with the
change in the policy.
3. MTO time shall apply toward time in service for step increases and completion of
probation.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%) reduction in work
hours/pay for the fiscal year. When the maximum MTO reduction (5%) is
implemented, the involved employee shall be credited with three (3) days of float
time.
b. Float time accrued through the MTO Program must be taken in the next fiscal year
following the furlough, with supervisory approval or the leave will be forfeited. The
float days have no cash value upon termination of employment. If an employee is
laid off before having the opportunity to take unused furlough induced float time, said
employee would be eligible to take the unused float time during the thirty -day layoff
notice period.
c. Should the City of San Rafael experience a financial windfall during the fiscal year
that furloughs are implemented, the City and Local 1 - Confidential agree to re -open
negotiations on this Furlough Plan.
7.7 REDUCTION IN FORCE
7.7.1 Authority
The Appointing Authority may lay off, without prejudice, any regular employee because of lack
of work or funds, or organizational alterations, or for reasons of economy or organizational
efficiency.
29
7.7.2 Notice
Regular employees designated for layoff or demotion 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 notified.
7.7.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as
a position or number of positions having the same title, job description and salary. Extra hire
employees shall be laid off before permanent employees in the affected classification. In
effecting the preceding order, a part-time permanent employee with more seniority can displace
a full time permanent employee.
7.7.4 Seniority
If two or more employees within a classification have achieved permanent status, such
employees will be laid off or reduced on the following basis:
a. Seniority within the affected classification will be determinative. Such seniority shall
include time served in higher classification(s). The computation of seniority for part-time
employees will be credited on a pro rata basis to full time service. Time spent on a City
Manager approved leave of absence without pay does not count toward seniority.
b. If the seniority of two or more employees in the affected classification or higher
classification(s) is equal, departmental seniority shall be determinative.
c. If all of the above factors are equal, the date regular status in City service is achieved
shall be determinative.
d. If all of the above are equal, date of certification for appointment shall be determinative.
7.7.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level, or into
the next lower classification in which such employee has previously held regular status. An
employee who is bumped shall be laid off in the same manner as an employee whose position
is abolished.
7.7.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be
affected by a reduction in force to another vacant position for which such employee may qualify.
The length of eligibility for such transfer will be the period of notification as provided in Section
7.7.3, but no longer than the effective date of such layoff or reduction.
7.7.7 Layoff Procedure Notification
Once the decision has been made to reduce the workforce per this MOU, the City will meet with
the Bargaining Unit to review and receive feedback on the procedure to be used to inform and
process the lay-offs. The information gained in this meeting from the Bargaining Unit by the City
will be advisory and non-binding.
7.8 RE-EMPLOYMENT
7.8.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re -appointment to the same or
similar classification in which they held status in the order of seniority in the classification.
Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class
Wo
in which they held status and in which there is a vacancy prior to the appointment of individuals
who have been laid off.
7.8.2 Right to Re -Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held,
shall, in writing, be offered re -appointment in the same classification should a vacancy occur in
the classification within two years after the layoff or demotion. Prior to being re-employed, the
employee must pass a physical exam administered by a City appointed physician and must
pass the background check administered by the City.
7.8.3 Time Limits
Should the person not accept the re -appointment within seven (7) calendar days after the date
of the offer, or should the person decline or be unable to begin work within two weeks after the
date of acceptance of the offer, the person shall be considered unavailable for employment,
shall forfeit the right to re-employment and be removed from the re-employment list.
7.8.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on
the re-employment list shall be offered re-employment.
7.8.5 Probationary Status
Employees re -appointed under the provisions above will not be required to complete a new
probationary period if they had previously held permanent status in the classification.
Employees who had not completed their probationary period shall serve the remainder of the
probationary period upon re -appointment.
7.8.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave
of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll
will not count as time worked for the purposes of seniority accrual.
1E
PEU LOCAL 1 - Confidential:
Kasmir Zarh kiewidz, \
Local 1 - Confidential Business Agent
Maril'ya-H. Pecunia,
Local 1 - Confidential Representative
Date
CITY OF SAN RAFAEL:
Leslie Loomis, Human Resources Director
.m 4utz' Assis}an City Manager
Date /
0
cc
C\LN � N M c L
W W3, fin�
O CC O d' O CO T
M lO M CM cfl � O
U � � 69 � 669 � �
Ln O ' .- CO
m 64 � � �
Q 6�R � 69 �
w
w
w
>
>
U
F-
0
H
IQ -
O
a.
z
z
w
w
w
Ow
w
c
o
_Yj
~
HU
U
O
d
=
►-
w
w
=
Z
Z
~
U
U
Z
Z
O
O
W
w
z
z
Z
z
z
Q
Q
Q
Q
Q
2
2
J
J
0
o
m
N
T
01
�
O
O
O
d
N
N
N
N
t�
t�
f-
N
N
O
ti