HomeMy WebLinkAboutCC Resolution 12968 (MOU SEIU 1021)RESOLUTION NO. 12968
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL PERTAINING TO THE COMPENSATION AND WORKING
CONDITIONS FOR EMPLOYEES REPRESENTED BY
SEIU LOCAL 1021
(One year agreement from July 1, 2010 through June 30, 2011)
WHEREAS, the City of San Rafael and SEIU Local 1021, herein known as the
Union, 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 the Union 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
hsl�ax '::� 'R -Q4 R".e .
Esther C. Beirne, City Clerk
I"i
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SEW Local 1021
JULY 1, 2010 - JUNE 30, 2011
TABLE OF CONTENTS
1
GENERAL PROVISIONS......................................................................................................................1
1.1
INTRODUCTION...........................................................................................................................................1
1.1.1
Scope of Agreement................................................................................................................................ l
1.1.2
Term of MOU............................................................................................................................................1
1.2
RECOGNITION.............................................................................................................................................1
1.2.1
Bargaining Unit......................................................................................................................................... l
1.2.2
Notice to Employees...............................................................................................................................1
1.3
NON-DISCRIMINATION................................................................................................................................1
1.3.1
In General.................................................................................................................................................1
1.3.2
Union Discrimination...............................................................................................................................2
1.4
INSPECTION OF MEMORANDUM OF UNDERSTANDING...............................................................................2
1.5
EXISTING LAWS, REGULATIONS & POLICIES............................................................................................2
1.6
STRIKES & LOCKOUTS..............................................................................................................................2
1.7
SEVERABILITY............................................................................................................................................2
1.8
PREVAILING RIGHTS..................................................................................................................................2
1.9
FULL UNDERSTANDING, MODIFICATION, WAIVER....................................................................................2
1.9.1
Understanding..........................................................................................................................................2
1.9.2
Waiver & Modification.............................................................................................................................2
2
MMBA...........................................................................................................................................................3
2.1
UNION RIGHTS...........................................................................................................................................3
2.1.1
Union 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.......................................................................3
2.2.3
Agency Shop............................................................................................................................................3
2.2.4
Indemnification .........................................................................................................................................4
2.3
MANAGEMENT RIGHTS..............................................................................................................................4
2.4
COMMENCEMENT OF NEGOTIATIONS........................................................................................................5
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
Compensation Goal & Definitions......................................................................................................... 5
3.1.4
Compensation Surveys...........................................................................................................................6
3.1.5
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.........................................................................................................................................7
3.2.4
Anniversary Date.....................................................................................................................................7
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................................................................8
3.3.3
To a Higher Classification......................................................................................................................8
3.4
SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS.................................................................................8
3.4.1
Out of Class Compensation...................................................................................................................8
3.4.2
Shift Differential Pay................................................................................................................................8
3.4.3
Court Pay..................................................................................................................................................8
3.4.4
Library Premium Pay...............................................................................................................................9
SEW MOU 2010-2011
3.5 ADDITIONAL PAY........................................................................................................................................9
3.5.1 Educational Reimbursement — Miscellaneous Unit............................................................................9
3.5.2 Educational Reimbursement — Supervisory Unit................................................................................9
3.5.3 Bilingual Pay— Miscellaneous Employees..........................................................................................9
3.5.4 Bilingual Pay — Supervisory Unit.........................................................................................................10
3.5.5 Sewer and Garbage Employees Uniform Maintenance Program..................................................10
3.5.6 Uniform Allowance.................................................................................................................................10
3.5.7 Uniform Jacket Cleaning Allowance...................................................................................................12
3.5.8 Mechanical Tool Allowance..................................................................................................................12
3.6 REVENUE SHARING...............................................................................................................................12
3.6.1 Conditions for Revenue Sharing.........................................................................................................12
3.6.2 Revenue Definitions & Revenue Sharing Calculations....................................................................13
3.6.3 Schedule.................................................................................................................................................13
4 BENEFITS................................................................................................................................................14
4.1 EMPLOYEE BENEFITS COMMITTEE..........................................................................................................14
4.2 HEALTH & WELFARE...............................................................................................................................14
4.2.1 Full Flex Cafeteria Plan.........................................................................................................................14
4.2.2 Pay Back Provision................................................................................................................................15
4.2.3 Retirees Health Insurance....................................................................................................................15
4.2.4 Pro Rata Benefit Rules.........................................................................................................................15
4.2.5 Health and Dependent Care Spending Accounts.............................................................................16
4.2.6 Health Insurance Providers ..................................................................................................................16
4.3 DENTAL PLAN..........................................................................................................................................16
4.3.1 Dental Plan.............................................................................................................................................16
4.4 RETIREMENT CONTRIBUTION...................................................................................................................16
4.4.1 City Paid Employee Retirement (City Paid Member Contribution).................................................16
4.4.2 Retirement Plans...................................................................................................................................17
4.4.3 Member Cost of Living Rates...............................................................................................................17
4.4.4 Pension Costs........................................................................................................................................17
4.5 STATE DISABILITY INSURANCE (SDI)......................................................................................................17
SLEAVES.......................................................................................................................................................18
5ASICK LEAVE.........................................................................................................................................18
5.1.1 Eligibility .................................................................................................................................................18
5.1.2 Sick Leave Accrual................................................................................................................................18
5.1.3 Use of Sick Leave.................................................................................................................................. 18
5.1.4 Advance of Sick Leave.........................................................................................................................18
5.1.5 Service Credit for Sick Leave...............................................................................................................18
5.1.6 Compensation for Unused Portion......................................................................................................19
5.2 VACATION LEAVE.....................................................................................................................................19
5.2.1 Eligibility ..................................................................................................................................................19
5.2.2 Rate of Accrual.......................................................................................................................................19
5.2.3 Administration of Vacation Leave........................................................................................................20
5.2.4 Vacation Cash-In...................................................................................................................................20
5.3 HOLIDAYS.................................................................................................................................................20
5.3.1 Paid Holidays.........................................................................................................................................20
5.4 OTHER LEAVE..........................................................................................................................................21
5.4.1 Personal Leave — Supervisory Unit.....................................................................................................21
5.4.2 Safety Holiday........................................................................................................................................21
5.4.3 Bereavement Leave..............................................................................................................................21
5.4.4 Jury Duty .................................................................................................................................................21
5.4.5 MilitaryLeave.........................................................................................................................................22
5.4.6 Leave of Absence Without Pay...........................................................................................................22
5.4.7 Industrial Injury Leave...........................................................................................................................22
5.4.8 Family Medical Leave...........................................................................................................................22
5.4.9 Catastrophic Leave................................................................................................................................23
SEIU MOU 2010-2011
6
TERMS & CONDITIONS OF EMPLOYMENT.............................................................................23
6.1
HOURS OF WORK.....................................................................................................................................23
6.2
OVERTIME.................................................................................................................................................23
6.3
COMPENSATORY TIME POLICY................................................................................................................23
6.3.1
Accrual Limit...........................................................................................................................................23
6.3.2
Overtime Rate........................................................................................................................................23
6.4
STAND BY OR CALL BACK DUTY............................................................................................................23
6.4.1
Compensation When Not Assigned to Call Back Duty.....................................................................23
6.4.2
Compensation When Not Assigned to Call Back Duty.....................................................................24
6.4.3
Minimum Payment for Call Out............................................................................................................24
6.4.4
Standby Residency and Pagers..........................................................................................................24
6.6
DOT AND CLASS B REQUIREMENTS.......................................................................................................24
6.6 PROBATIONARY PERIOD.............................................................................................:..................................25
6.6.1
Purpose. of Probation...............................................................................................................................25
6.6.2
Length of Probationary Period...............................................................................................................25
6.6.3
Rejection During Probation.....................................................................................................................25
6.6.4
Notfcation of Rejection..........................................................................................................................25
6.6.5
Extension of Probationary Period..........................................................................................................25
6.6.6
Regular Status..........................................................................................................................................25
6.6.7
Promotion of Probationary Employee...................................................................................................26
6.6.8
Unsuccessful Passage of Promotional Probation.....:.........................................................................26
6.6.9
Lateral Transfer Probation......................................................................................................................26
6.7 TRANSFERS / REASSIGNMENTS......................................................................................................................26
6.7.1
Types of Transfers ...................................................................................................................................26
6.7.2
Minimum Qualfcations & Probation.....................................................................................................26
6.7.3
Transfer Procedures................................................................................................................................26
6.8 PERSONNEL RULES & REGULATIONS...........................................................................................................27
6.8.1
Drug & Alcohol Policy..............................................................................................................................2T
6.8.2
Confidential Nature of Personnel Records...........................................................................................27
6.8.3
Confidential Nature of Medical Records...............................................................................................27
6.8.4
Outside Employment Policy....................................................................................................................27
6.8.5
Use of City Vehicle...................................................................................................................................27
6.8.6
Wireless Communication Policy............................................................................................................27
6.8.7
Safety Policy.............................................................................................................................................28
6.9 MISCELLANEOUS.............................................................................................................................................28
6.9.1
Hazardous Materials................................................................................................................................28
6.9.2
Gratuities / Solicitation of Contributions................................................................................................28
6.9.3
Return of City Equipment........................................................................................................................28
6.9.4
Political Activity .........................................................................................................................................28
6.9.5
Employment of Relatives........................................................................................................................28
6.9.6
Labor/Management Meetings..............................................................................................................28
6.9.7
Contract Orientation Work Sessions.....................................................................................................29
6.9.8
Temp Seasonal Employees....................................................................................................................29
7 PROCEDURES........................................................................................................................................29
7.1
DEMOTION & SUSPENSION......................................................................................................................29
7.1.1
Demotion.................................................................................................................................................29
7.1.2
Suspension.............................................................................................................................................29
7.2
TERMINATION OF EMPLOYMENT..............................................................................................................29
7.2.1
Resignation.............................................................................................................................................29
7.2.2
Termination - Layoff (Lack of work or funds).....................................................................................30
7.2.3
Termination - Disciplinary Action.........................................................................................................30
7.2.4
Retirement..............................................................................................................................................30
7.2.5
Rejection During Probation..................................................................................................................30
7.3
DISCIPLINARY ACTION.............................................................................................................................30
7.3.1
Right to Discipline & Discharge...........................................................................................................30
SEIU MOU 2010-2011 iii
7.3.2
Preliminary Notice..................................................................................................................................31
7.3.3
Disciplinary Action and Appeal............................................................................................................31
7.3.4
Harassment Policy.................................................................................................................................31
7.4
GRIEVANCE PROCEDURE.........................................................................................................................31
7.4.1
Definition.................................................................................................................................................31
7.4.2
Procedure................................................................................................................................................32
7.4.3
Arbitration................................................................................................................................................32
7.4.4
General Provisions................................................................................................................................33
7.5
POSITION RECLASSIFICATION..................................................................................................................33
7.6
FURLOUGH PROGRAM.............................................................................................................................33
7.6.1
Voluntary Time Off (VTO).....................................................................................................................34
7.6.2
Mandatory Time Off (MTO)..................................................................................................................34
7.7
REDUCTION IN FORCE..............................................................................................................................35
7.7.1
Authority ..................................................................................................................................................35
7.7.2
Notice.......................................................................................................................................................35
7.7.3
Order of Layoff.......................................................................................................................................35
7.7.4
Seniority..................................................................................................................................................35
7.7.5
Bumping Rights......................................................................................................................................35
7.7.6
Transfer Rights.......................................................................................................................................36
7.7.7
Layoff Procedure Notification ...............................................................................................................36
7.8
RE-EMPLOYMENT.....................................................................................................................................36
7.8.1
General Guidelines................................................................................................................................36
7.8.2
Right to Re-Employment.......................................................................................................................36
7.8.3
Time Limits..............................................................................................................................................36
7.8.4
Availability ................................................................................................................................................36
7.8.5
Probationary Status...............................................................................................................................36
7.8.6
Restoration of Benefits..........................................................................................................................36
LIST OF EXHIBITS
Exhibit A Salary Schedule for July 1, 2010 — June 30, 2011
Exhibit B Benchmarks and Internal Relationships Table
SEN MOU 2010-2011 iv
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SEIU LOCAL 1021
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 and ending June 30, 2011.
I 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 SEIU 1021 (herein -after called "UNION") 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 Union as bargaining representative for purpose of establishing salaries,
hours, fringe benefits and working conditions for all employees within the Miscellaneous and
Supervisory Bargaining Units. (As referenced in Exhibit "N' attached).
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 the Union 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.
SEW MOU 2010-2011
Such employees shall be entitled to Union representation, and are entitled to seek redress using
the grievance procedure of this MOU.
1.3.2 Union Discrimination
No member, official, or representative of the Union shall, in any way suffer any type of
discrimination in connection with continued employment, promotion, or otherwise by virtue of
membership in or representation of Union.
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Union 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 the
Union 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 Union 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 sets
forth the full and entire understanding of the parties regarding the matters set forth herein.
1.9.2 Waiver & Modification
Except as specifically otherwise provided herein, it is agreed and understood that each party
hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be
required to meet and confer with respect to any subject or matter covered herein, nor as to
wages or fringe benefits during the period of the term of this Memorandum.
SE1U MOU 2010-2011
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 UNION RIGHTS
2. 1.1 Union Stewards Designation
The Union shall, by written notice to the City Manager, designate certain of its members as
Union Stewards. Union Stewards shall be permitted reasonable time for Union activities
including grievance representation. In all cases, the Stewards shall secure permission from the
Stewards' supervisor before leaving a work assignment. Such permission shall not be
unreasonably withheld.
Union Stewards for salary discussions shall be in accordance with the Meyers-Milias-Brown
(MMB) Act.
2.1.2 Bulletin Boards
Authorized representatives of the Union shall be allowed to post Union notices on specified
bulletin boards maintained on City premises.
2.2 DUES DEDUCTION
2.2.1 Collection of Dues
City agrees, upon written consent of the employee involved, to deduct dues and voluntary union
deductions selected by members, as established by the Union, from the salaries of its members.
The sums so withheld shall be remitted by City, without delay, along with a list of employees
and their respective dues and voluntary deductions. Union bears responsibility for allocating
dues and voluntary deductions pursuant to employees' requests.
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 representation Unit by any such employee, but shall reapply to such employee commencing
with the next full pay period following the return of the employee to the representation Unit. The
term "separation" includes transfer out of the Unit, layoff, and leave without pay absences with a
duration period 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, unit
employees may opt to join the union or register as a fee payer during the first thirty (30) days of
their employment. Neither the City nor the Union will discriminate against any employee
because of the exercise of their statutory rights. The Union agrees to its obligation to represent
all of the employees in the unit fairly and equally, without regard to their membership in the
Union.
Therefore, effective August 1, 1992, any employee of the City as of August 1, 1992, who is a
member of the Union on August 1, 1992, or who subsequently joins, and all employees in the
Unit hired on or after that date or who do not make application for membership within thirty (30)
days of the effective date of this Section or thirty (30) days of the commencement of assigned
duties, as a condition of employment, shall pay an agency fee to the Union. If an employee
SEW MOU 2010-2011
does not make application for membership within the prescribed time, the employee shall be
notified by the City or Union that he or she is required by the collective bargaining Agreement to
pay an agency fee to the Union. To accomplish that, the employee will be asked to prepare an
application card. If the employee refuses to complete an application card, the default option
shall be an automatic enrollment as an agency fee payer. The City shall deduct the agency fee
from that employee's paycheck.
Note: The Union is obligated to annually inform the City of the fair share amount.
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 Union dues.
2.2.4 Indemnification
Moneys withheld by the City shall be transmitted to the Treasurer of the Union at the address
specified. The Union 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 Union 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;
SEIU MOU 2010-2011 4
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 the Union 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 Union regarding the
impact of its decision/exercise of rights.
2.4 COMMENCEMENT OF NEGOTIATIONS
It is mutually agreed to begin the Meet and Confer process no later than three (3) months before
the expiration date of this MOU, regarding the terms and conditions applicable to successor
MOUs. The process will be initiated by the Union through the submittal of potential meeting
dates.
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 workday. The method
of the distributing payroll shall be established by the Finance Director.
3.1.2 General Wage Increase — FY 10/11
There will be no unit -wide salary increase to job classes represented by SEIU Local 1021 during
the term of this MOU. However, due to position eliminations leading to the reorganization of the
Public Works Streets Division and Parks Division, there will be salary adjustments to certain
classifications involved in the reorganization as shown in the salary schedule attached as
Exhibit A.
3.1.3 Compensation Goal & Definitions
It is the goal of the City to try to achieve a total compensation package for all employees
represented by the Union in an amount equal to the following:
SEW MOU 2010-2011
1. The average plus one dollar to the total compensation paid to the same or similar
classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San Leandro,
South San Francisco, Alameda, Napa, Novato and Santa Rosa; and,
2. The highest total compensation paid to the same or similar classifications in the following
agencies in Marin County: Corte Madera, Larkspur, Marin County, Mill Valley, Novato,
and San Anselmo.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding
longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid
deferred compensation (except for such portion that may be part of employee cafeteria plan),
employer's contribution towards employees' share of retirement, employer'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.
3.1.4 Compensation Surveys
To measure progress towards the above -stated goal, the City and the Union will jointly survey
the identified benchmark positions, which are identified in the SEIU 1021 Represented
Benchmarks and Internal Relationships Table attached as Exhibit "B" and included as part of
this MOU, in September of the final year of this Agreement.
Identified benchmark positions from other agencies include positions that are filled as well as
those that may be unfilled, so long as the benchmark position is identified by the survey agency
as being on the salary schedule and having a job class description. Other city/agency positions
are established as benchmark positions in San Rafael's compensation survey based upon
similar work and similar job requirements.
Survey data will include all salary and benefit increases, as defined in 'total compensation'. The
City and the Union shall review the benchmark and related survey data for accuracy and
completeness.
3.1.5 Compensation Plan
The Compensation Plan adopted by the City Council shall provide for salary schedules, rates,
ranges, steps and any other special circumstances or items related to the total compensation
paid employees.
Each position within the classified services shall be allocated to its appropriate class in the
classification plan on the basis of duties and responsibilities. Each class shall be assigned a
salary range or a rate established in the salary plan. All persons entering the classified service
shall be compensated in accordance with the salary plan then in effect.
3.2 STEP INCREASES
3.2.1 Entry Level Step
All initial employment shall be at the first step of the salary range, provided that the Department
Director 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. City Manager approval is
required for entry level appointment above Step C for any position.
3.2.2 Consideration for Step Increases
An employee may be considered for a salary step increase in accordance with the time interval
established in the salary plan as referenced in Exhibit "A". Unless otherwise noted, salary step
SEIU MOU 2010-2011 6
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. 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
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.
When an employee is promoted or reclassified to a new position, the first pay date at the new
position shall constitute the employee's new anniversary date for purposes of the annual
Performance Evaluation.
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
Upon completion of the probationary period, a performance evaluation shall be prepared and
reviewed on or before the anniversary date and yearly thereafter as a means of determining
whether a step increase is merited, and/or as a means of improving employee performance and
communication between supervisors and subordinates.
Employees who receive a satisfactory or above rating on their performance evaluation shall
receive a step increase. In the event the performance evaluation occurs after the anniversary
date and the evaluation is rated satisfactory or above, the step increase shall be retroactive to
the anniversary date.
If a performance evaluation is past due by more than 60 days the City shall process a Personnel
Action Report (PAR) moving the employee to the next step in the salary range provided the
Department Director provides a written statement to the Human Resources Director indicating
that the employee's performance is satisfactory or above. The Human Resources Director will
work with the employee's supervisor to have a performance evaluation completed as soon as
possible.
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.
SEW MOU 2010-2011
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 pay
plan.
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 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
3.4.1 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.
In the event a Parking Enforcement Officer is assigned "field training" duties, the City shall
consider this as "out of class" work and the assigned Parking Enforcement Officer will receive
5% of their current pay as compensation for the hours worked in this assignment.
3.4.2 Shift Differential Pay
a. A three percent (3%) shift differential shall be paid for all employees in the
represented bargaining group who are regularly scheduled to work fifty percent
(50%) or more of their shift between the hours of 5:00 p.m. and 11:00 p.m.
b. A five percent (5%) shift differential shall be paid for all employees in the represented
bargaining group who are regularly scheduled to work fifty percent (50%) or more of
their shift between the hours of 11:00 p.m. and 7:00 a.m.
c. Employees in job classes not identified in this section who are assigned to work the
swing or graveyard shift time periods on a temporary basis and/or on an overtime
basis are excluded from shift differential pay for those time periods.
d. Shift differential shall not be considered an additional percentage on salary for
personnel involved, but shall apply only to hours actually worked; e.g., differential
does not apply to sick leave, vacation or compensatory time, but does include
overtime for employees regularly assigned to the swing or graveyard shifts.
3.4.3 Court Pay
Parking Enforcement Officers who are required, in the course and scope of their official
employment, to appear in court or other official hearings other than during his/her work week
schedule, shall receive a minimum of four hours pay if that appearance is on a scheduled day
off. If a court appearance is required on a scheduled work day, and such appearance
SEW MOU 2010-2011
commences one half (1/2) hour after completion of an employee's shift, then the employee shall
be compensated at the overtime rate for actual time spent, beginning at the conclusion of the
regular shift hours and ending upon his/her release from the court or hearing office.
3.4.4 Library Premium Pay
Within the Library job classifications represented by the Union, provisions are hereby
established whereby an employee shall be entitled to additional compensation at one-half (1/2)
their hourly pay rate for each hour actually regularly scheduled and worked on Sundays
(excludes paid leave time). The Library shall first seek volunteers for these hours before
assigning employee to Sunday hours.
Nothing in this section shall change the provisions of Article 6.1. Work Week definition.
Although employees may be able to obtain approval to work beyond the operational hours of the
Library on scheduled Sundays, employees working a shortened Sunday work day must make
up the time either by taking vacation, compensatory time and/or additional work hours on other
scheduled work days during the same work. This flexible work schedule would not constitute
overtime hours. No additional compensation shall be paid when Sunday hours are worked due
to work related emergencies, or for hours covered by the stand by and/or on-call time provisions
of this MOU.
3.5 ADDITIONAL PAY
3.5.1 Educational Reimbursement — Miscellaneous Unit
The Educational Reimbursement is $200/fiscal year, maximum, with the City's payment not to
exceed 75% of the cost. Educational Reimbursement is available to employees who
satisfactorily (grade of C or better, Pass or Complete) complete a course or courses that are
pre -determined to be job related and/or that will assist the employee to prepare for career
advancement in his/her field. To be eligible, employees must have completed probation at the
time of the reimbursement, which is made at the end of the semester.
The Educational Reimbursement Program will include reimbursement for professional
membership dues for work-related organizations for employees in the "Administrative" or
"Professional" sections of the Miscellaneous Bargaining Unit. Prior supervisory approval is
necessary to be eligible for reimbursement. The total reimbursable amount remains at
$200/fiscal year.
3.5.2 Educational Reimbursement — Supervisory Unit
The Educational Reimbursement Program is $225 per fiscal year. This reimbursement is
available to employees who have satisfactorily (grade of C or better, Pass or Complete)
completed a course or courses that are predetermined to be job-related and/or that will assist
the employee to prepare for career advancement in his/her field. To be eligible, employees
must have completed probation at the time of the reimbursement, which is made at the end of
the semester.
The Educational Reimbursement Program will accommodate reimbursement of up to $100 per
fiscal year for professional membership dues for work-related organizations for employees in
the "Administrative", "Professional", or "Library" sections of the Supervisory Bargaining Unit.
Prior supervisory approval is necessary to be eligible for reimbursement. The total reimbursable
amount remains at $225 per fiscal year.
3.5.3 Bilingual Pay — Miscellaneous Employees
Within the job classifications represented by the Union provisions are hereby established
whereby an employee may receive bilingual pay for full fluency in a foreign language.
SEW MOU 2010-2011 9
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 includes:
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. Part-time employees will be pro -rated for this incentive based
on their full time equivalency (FTE).
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 however
removal of bilingual pay is appealable to the Human Resources Director. The determination of
the Human Resources Director is not subject to any appeal/grievance procedure.
3.5.4 Bilingual Pay — Supervisory Unit
Within the Supervising Librarian and the Librarian 1/11 classification, the Library Director shall
establish one position eligible to receive $150.00 per month Bilingual Pay Differential. This
bilingual pay shall become effective the first payroll period after the designated employee takes
and passes an approved proficiency examination.
The employee must be certified as sufficiently fluent in a language deemed to be of work value
to the Library as determined by the Library Director and approved by the City Manager. Fluency
certification may be obtained by either passing a department approved proficiency test or
submitting a current (no more than one year old) certificate of satisfactory proficiency/fluency
from a department approved agency or school. It is agreed that annual re -certification of
fluency is required to continue receiving the Bilingual Pay Differential. Fluency in more than one
foreign language does not entitle an employee to more than one $150.00 per month differential.
3.5.5 Sewer and Garbage Employees Uniform Maintenance Program
Uniform shirts, pants and coveralls will be provided and laundered for the maintenance
employees of the Sewer and Garage work units.
3.5.6 Uniform Allowance
Maintenance employees in Parks, Streets, Building Maintenance and Community Services who
must wear uniforms shall receive a uniform allowance in the amount of $157.50 at the
completion of each six (6) months of service ending June 30th and December 31St. A pro -ration
at the rate of $26.25/month may be given with the recommendation of the Department Director
SE1U MOU 2010-2011 101
and the approval of the City Manager. Uniforms and gear must be in accordance with the
departmental dress code and safety requirements.
Parking lot attendants and parking maintenance staff will be provided with shirts, hats and
jackets by the City if they are required by the City to wear them. Parking Maintenance staff and
Fire Prevention Inspector 1/11 employees, if required to wear a uniform which is not provided by
the City, shall receive an annual uniform allowance of $445 per year, paid in two installments, in
June and December.
Parking Enforcement Officers (PEOs) shall receive an annual uniform allowance of $445 per
year, paid in two installments, in June and December. PEOs shall have utility and rain gear
provided by the City.
Note: While the 6 month periods end June 30th and December 31St the actual payments of the
uniform allowance are provided on the first paycheck in June and the first paycheck in
December.
A safety boot allowance of $130 per year payable on the first paycheck in December shall be
issued to the following job classifications:
7217 BUILDING INSPECTOR
7218 BUILDING INSPECTOR II
7222 CODE ENFORCEMENT OFFICIAL 1
7223 CODE ENFORCEMENT OFFICIAL II
7380 CODE ENFORCEMENT OFFICIAL III
2122 CODE ENFORCEMENT SUPERVISOR
2119 CONSTRUCTION INSPECTOR- SRSD
7224 CUSTODIAN
7231 EQUIPMENT SERVICE ATTENDANT
7232 FACILITY REPAIR SUPERVISOR
7291 FACILITY REPAIR WORKER 1
7233 FACILITY REPAIR WORKER II
7108 FIRE PREVENTION INSPECTOR 1
7107 FIRE PREVENTION INSPECTOR II
6212 PARKING EQUIPMENT TECHNICIAN
6209 PARKING MAINTENANCE & COLLECTIONS
7271 PARKS MAINT. SUPREVISOR
7236 PARKS MAINTENANCE WORKER 1
7238 PARKS MAINTENANCE WORKER II
7239 PARKS MAINTENANCE WORKER III (title to become Parks Lead Maintenance Worker)
7253 PUBLIC WORKS INSPECTOR
7266 SEWER MAINTENANCE WORKER 1
7267 SEWER MAINTENANCE WORKER II
7268 SEWER MAINTENANCE WORKER III
7281 SEWERS SUPERVISOR
7269 SHOP & EQUIPMENT SUPERVISOR
7209 STREET MAINTENANCE SUPERVISOR
7250 STREET MAINTENANCE WORKER I
SEW MOU 2010-2011
7251 STREET MAINTENANCE WORKER II
7252 STREET MAINTENANCE WORKER III (title to become Street Lead Maintenance Worker)
7280 SUPERVISING STREET MAINTENANCE WORKER (title to become Street Lead Maintenance Worker)
7288 SUPERVISING VEHICLE EQUIPMENT MECHANIC
7286 VEHICLE EQUIPMENT MECHANIC 1
7287 VEHICLE EQUIPMENT MECHANIC 11
7290 YARD CLERK/DISPATCHER
3.5.7 Uniform Jacket Cleaning Allowance
Maintenance employees of the Sewer work unit, including the Sewer Maintenance Supervisor,
will receive a work jacket cleaning allowance of $60.00 at the completion of each six (6) months
of service ending June 30th (paid on the June 15th paycheck) and December 31st(paid on the
December 15th paycheck). A pro -ration of $10.00/month may be given with the approval of the
Department Director.
3.5.8 Mechanical Tool Allowance
The City will provide a tool allowance of $400/fiscal year for Vehicle Equipment Mechanics, the
Equipment Service Attendant, the Shop and Equipment Supervisor, and the Parks Mechanic for
tools purchased for use in the course of City work. This tool allowance will be issued during the
month of July. Employees who receive the tool allowance are not eligible to receive
reimbursement for lost or broken tools.
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, in accordance with the schedule in Section 3.6.3, in addition to the base salary increases,
if the following conditions are met:
a. If the total compensation goal, as outlined in Section 3.1.3 has not been reached,
and,
b. If growth in General Tax Revenues, as defined in Section 3.6.2, have resulted in
revenues being available for distribution, and,
c. The "net change in General Fund Balance", as presented in the previous year's City
annual audit, is positive, and,
d. The City has had two consecutive years with a positive net change in the General
Fund balance, and,
e. The net change in the General Fund balance is at least $500,000, and,
f. The total amount of revenue shared will not exceed 2% of annual salary cost paid to
all employees in the bargaining unit.
If the above six conditions are met, then a Revenue Sharing salary increase shall be paid
prospectively, in accordance with the schedule in Section 3.6.3 and calculation in Section 3.6.2.
In no event will total compensation increases available through the revenue sharing provisions
of this contract and provided for bargaining unit employees cause the benchmark positions to
exceed the stated 'total compensation' goal. All related classifications shall receive the same
SEIU MOU 2010-2011 12
increases as those received by their assigned benchmark position (as defined in the SEW 1021
Represented Benchmarks and Internal Salary Relationships table included as part of this MOU).
3.6.2 Revenue Definitions & Revenue Sharing Calculations
General Tax Revenues shall be defined for this Chapter of the Memorandum of Understanding
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.
The City will complete the calculation of the General Tax Revenues in accordance with the
schedule in Section 3.6.3. If General Tax Revenues have not increased over the prior fiscal
year, then the City and Union will not complete the compensation survey as outlined in Section
3.1.4, unless it is the final year of this Agreement.
If total compensation of the top step benchmark positions has not reached the stated goal, then
bargaining unit employees shall be entitled to a revenue sharing increase, subject to the
conditions set forth in Section 3.6.1. However, if the increase would cause the benchmark
position total compensation to exceed the stated goal, then only that percentage needed to
reach the goal for the benchmark position will be applied to all related classifications.
a. Fiscal Year 10/11 Revenue Sharing Increase. If General Tax Revenues of the
City for fiscal year 2009-2010 exceed General Tax Revenues of the City for fiscal
year 2008-2009 as adjusted by 75% of the total compensation increases
provided for fiscal year 2009-2010, then the members of the bargaining unit shall
be entitled to apply 35% of one-half (1/2) of the excess of fiscal year 2009-2010
General Tax Revenues over fiscal year 2008-2009 General Tax Revenues
adjusted for 75% of the total compensation increases provided to members in
fiscal year 2009-2010, for a salary increase.
During each year of this contract, if there are any remaining General Tax Revenues after all
benchmark positions have achieved the'total compensation' goal outlined above, then these
excess General Tax Revenues can be used to provide additional salary or benefit increases.
The excess General Tax Revenues are limited to 1 % of total compensation as calculated by the
survey results completed in each year of this contract (as outlined in Section 3.1.4). The City
and the Union shall meet to review the General Tax Revenue calculations and agree on how the
excess 1 % General Tax Revenues, if available, will be implemented. If no excess General Tax
Revenues are available in any particular year (after'total compensation' goal is reached), there
is no obligation by the City to provide for this 1 % excess General Tax Revenues sharing in
subsequent years (language specifically refers to no carry-over clause in this provision).
3.6.3 Schedule
a. September 7th- General Tax Revenues. The City shall make known to the Union 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 1St - Net Change in General Fund Balance. By November 1st of each
year, the City shall make known to the Union 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. January 1 St pay period shall be the start
date (for paycheck date of January 31 st) for each Revenue Sharing Salary increase.
SEW MOU 2010-2011 13
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, Western Council of Engineers, Local 1 - Confidential, Police
Officers Association, Police Mid -Managers Association, Firefighters' Association, Fire Chief
Officers Association, 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 January 1, 2011 shall be:
For employee only: $ 727
For employee and one dependent: $ 1,195
For employee and two or more dependents: $ 1,297
For part time employee flex dollar allowances, see Section 4.2.4
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 $105.00 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 and 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.
SEIU MOU 2010-2011 14
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 $54/month. Effective with
the paycheck date of January 12, 2007 through December 31, 2009, the maximum pay back is
increased to $150 per month. Pay back is pro rated for part time employees covered by this
Agreement.
4.2.3 Retirees Health Insurance
Employees represented by SEW 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
$752 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, 4.2.5b, 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 to prefund retiree health care premiums while employed by the City. The
retiree health care trust shall be funded by annual conversion of 50 hours of sick time
in service on July 1 of each year, provided an employee has a remaining balance of
75 hours of sick leave after the conversion.
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.
For those part time employees hired prior to January 1, 2010, the flex dollar allowance shall be
pro -rated based off of $1,264 per month. For those electing "Employee Only" coverage, the
maximum benefit for these part time employees shall be $700 per month.
SEW MOU 2010-2011 15
4.2.5 Health and Dependent Care Spending Accounts
City will offer Flexible Spending Accounts as part of its Section 125 Plan for as long as such a
plan is desired by the Union and available pursuant to the IRS Code a Health and Dependent
Care Spending Accounts. The Flexible Spending Accounts offered by the City include:
a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under
the IRS Code effective January 1, 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 Accounts: Dependent care expenses that qualify under
the IRS Code at the IRS Code limit. Employees are responsible to pay the monthly
administrative fee and any increase established by the third party administrator.
c. Premium Only Plan: Excess Medical premiums shall be deducted from employee's
pay with pre-tax dollars as long as such deduction is allowable under the applicable
IRS Code.
City shall establish an annual enrollment period and each employee must re -enroll annually for
either plan noted in a. and/or b. above. 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 The Union
Stewards' Council, 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
4.3.1 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
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 is available to part time, regular, permanent employees working at
least 53.3% FTE. The City's contribution towards the monthly dental insurance premium will be
prorated based on the FTE level of the part time employee. During the term of this contract, the
City agrees to submit a request for proposal to Delta Dental to provide dental insurance to
covered employees. The City shall review and discuss the results with the Union.
4.4 RETIREMENT CONTRIBUTION
4.4.1 City Paid Employee Retirement (City Paid Member Contribution)
Bargaining unit members shall pay the full share of the employee's contribution to the Marin County
Retirement System.
SE1U MOU 2010-2011 16
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 miscellaneous members, as defined under the 1937 Act Government
Code Section 31676, subject to Marin County Employee Retirement Association procedures
and regulations and applicable 1937 Act laws that govern such plans.
4.4.3 Member Cost of Living Rates
Bargaining unit members who are eligible to participate in the Marin County Employee
Retirement Association will pay their full share of members' cost of living rates as allowed under
Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution
rates include both the basic and COLA portions (50% of COLA is charged to members as
defined in the 1937 Act).
4.4.4 Pension Costs
Within the time period covered by this MOU, representatives of the City and SEIU will continue
to meet on the subject of reducing pension costs.
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, within
HIPAA guidelines, 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:
a. Employee notifies supervisor of disability and need for time off. At the same time
employee files for SDI through the State Office.
b. 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.
c. Personnel Action Report (PAR) is completed by the supervisor to document
request and approval of extended leave.
d. Human Resources Department, on receipt of the PAR, contacts employee and
supervisor to discuss availability of coordination of SDI with leave benefits.
e. 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.
f. Upon receipt of the SDI checks, the employee may elect to endorse the checks
over to the City of San Rafael to receive credit.
g. Based upon the employee's 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.
h. The Human Resources Department, after notification from Payroll, notifies the
employee when they have used all accrued sick and/or vacation time and when
SEW MOU 2010-2011 17
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. FMLA/CFRA provide an exception and are referenced under
Section 5.4.8.
S 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 a verification from an employee who is absent from his/her
duties for two (2) or more consecutive workdays. The verification shall be either a physician's
certificate or the employee's personal affidavit verifying the employee's eligibility for sick leave.
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 5.1.6). 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:
Personal illness of the employee or illness within the immediate family (family member
means an employee's spouse, registered domestic partner, any unmarried child,
including adopted child, a stepchild, or recognized natural child who lives with the
employee in a regular parent-child relationship, and parent, including in-laws), or for any
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.
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
SEIU MOU 2010-2011 18
eligible to receive and they elect to receive in compensation for at the time of retirement
pursuant to Section 5.1.6 Compensation for Unused Portion (Sick Leave Payoff).
Employees hired on or after July 1, 2009 are not eligible to receive employment service credit of
any 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 accrual 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
117.867 hours
9.8222
6
123.234 hours
10.2695
7
128.601 hours
10.7167
8
133.968 hours
11.1640
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
SEW MOU 2010-2011 19
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.
The Maximum amount of vacation leave that may be taken at any given time shall be that
amount that has accrued to the employee concerned, subject to the Department Director's
approval. The minimum amount of vacation that may be taken at any given time shall be one-
half (1/2) hour (except that as permitted by law, the City shall authorize the use of vacation time
in smaller increments to coordinate disability or workers compensation leaves with employee
accrued paid time). Vacation leave granted by the City and used by an employee shall be
deducted from the employee's vacation leave bank.
In the event that one or more City holidays falls within an annual vacation leave, such holiday
shall not be charged as vacation leave, and the vacation leave shall be extended accordingly.
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.
Employees may request a temporary waiver of their vacation cap, should a work related injury
prevent use of vacation time. Such requests would need to be in writing, submitted through the
department, and receive the approval of the Department Director and the City Manager.
5.2.4 Vacation Cash -In
An employee, who has taken at least ten (10) days vacation in the preceding twelve (12)
months, may request in any fiscal year 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
5.3.1 Paid 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 151
The third Monday in January
The third Monday in February
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
SEIU MOU 2010-2011 20
March 31s'
Cesar Chavez Day
The last Monday in May
Memorial Day
July 4`"
Independence Day
The first Monday in September
Labor Day
November 11 m
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 Unit receive two (2) floating holidays.
Floating holidays not used are added to employee's vacation balance. Part-time employees will
be paid for holidays on a pro -rated basis.
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 Unit
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 Safety Holiday
A Safety Holiday Incentive Program is established for maintenance employees. Employees will
be placed in one of the following units. The units are: (1) Park Division; (2) Street Division; (3)
Sewer Division; (4) Garage Division; (5) Building Maintenance Division; or (6) Community
Services Custodians. For part-time employees in these units who are eligible for benefits, any
safety holiday will be pro -rated. If all employees of a designated unit complete six (6) months
without a work-related injury or illness resulting in one full day of lost time, a Safety Holiday will
be granted to all employees of that unit, with specific time off granted with prior Supervisory
approval. Note: Long term, consecutive days of lost time shall be considered as one incident
(long term for this purpose shall be defined as 14 days or more).
5.4.3 Bereavement Leave
In the event of the death of an employee's spouse, child, parent, brother, sister, registered
domestic partner, grandchild, grandparent, in-laws, 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.
5.4.4 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.
SEW MOU 2010-2011 21
5.4.5 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.
5.4.6 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.
5.4.7 Industrial Injury Leave
For benefits under Workers Compensation, an employee should report any on the job injury to
his/her supervisor as soon as possible, preferably within twenty-four (24) hours. The Human
Resources department coordinates benefits for Worker's Compensation claims. For further
information see the City's Workers' Compensation policy located on the Intranet
(https://intranet.cityofsanrafael.org).
Employees of the City who have suffered any disability arising out of and in the course of their
employment as defined by the Worker's Compensation Insurance and Safety Act of the State of
California are entitled to all benefits allowed them by the Workers' Compensation Insurance and
Safety Act of the State of California.
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.
5.4.8 Family Medical Leave
Union members agree to adhere to the provisions of the City's Family Medical Leave Policy
which is available on the City's Intranet Website.
SE1U MOU 2010-2011 22
5.4.9 Catastrophic Leave
Catastrophic leave shall be in accordance with the City Catastrophic Leave Policy which is
available on the City's Intranet website.
6 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 workweek by either meeting or conferring with the Union or the consent of
the affected employee(s).
6.2 OVERTIME
Shall mean actual time authorized and worked beyond the regular workweek or workday. 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 (may vary depending on the emergency but primarily relates to
job classifications in the Street Division of Public Works) 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 STAND BY OR CALL BACK DUTY
6.4.1 Compensation When Assigned to Call Back Duty
Miscellaneous and Supervisory employees assigned standby duty on Saturday, Sunday or a
day designated as an authorized holiday by the City Council shall be compensated at the rate of
six (6) hours of their base salary for each day of standby duty. To identify employee eligible for
SEW MOU 2010-2011 23
standby covering holidays, the City and Union acknowledge standby eligibility shall rotate at
12:00 a.m. (midnight) on each Wednesday of the week.
Weekend duty will start at 12:00 midnight on Friday, and will end 12:00 a.m. on Monday. On
holidays during the week, duty will start at 12:00 a.m. on the designed holiday and will end at
12:00 a.m. on the next regular work day, or the employee will receive compensatory time off on
a straight time basis. At the time of accrual, the employee will designate either salary or
compensatory time. Compensatory time off must be approved in accordance with normal leave
request procedures.
6.4.2 Compensation When Not Assigned to Call Back Duty
When an employee not assigned to standby duty is called back to duty, the employee shall
receive compensation for a minimum of four (4) hours.
6.4.3 Minimum Payment for Call Out
Employees on standby duty who are called out and required to work shall be paid a minimum of
two (2) hours at the rate of time and one half, for each time they are called out.
6.4.4 Standby Residency and Pagers
The residency requirement for standby personnel shall include those individuals who live within
a thirty (30) minute travel distance from the Corporation Yard. Pagers and/or cell phones shall
be provided to those persons on standby. Standby assignments will rotate based on seniority
and availability.
A Miscellaneous or Supervisory Unit employee within the residency area shall be considered
eligible for standby duty from 12:00 midnight on the first day of standby duty to 12:00 midnight
on the last day of standby duty. This includes all holidays that may fall within that period. At the
end of this period, standby duty is then assigned to the next employee on the list.
If an employee is sick or has scheduled time off, standby will move to the next person on the
list. It is noted this list was originally established by lottery and that new employees are placed
at the bottom of the list.
6.5 DOT and Class B Requirements
Employees in the following job classes are covered by this policy DOT policy and are subject to
the terms and conditions of the City's DOT Policy:
• Street Maintenance Worker 1/11*
• Street Maintenance Worker III
• Street Lead Maintenance Worker
• Street Maintenance Supervisor
• Park Equipment Mechanic
• Parks Maintenance Worker II
• Parks Lead Maintenance Worker
• Vehicle Equipment Mechanic I**
• Vehicle Equipment Mechanic II
• Equipment Service Attendant
• Supervising Vehicle Equipment Mechanic
• Sewer Maintenance Worker 1**
• Sewer Maintenance Worker II
• Sewer Maintenance Worker III
• Sewer Maintenance Supervisor
• Sewer Maintenance Superintendent
* Street Maintenance Worker 1/11 hired before September 1, 2009 had the option to sign a document stating that
they would obtain a Class B license and thus participate in the DOT program within 6 months from October 1, 2009.
If the employee elects to obtain and maintain a Class B license, he/she is in the program for the duration of their
employment in the position. If assigned to a Class B task, these employees will receive out of class pay for the day
(s) they were required to drive a Class B vehicle.
** Must obtain Class B license within one year of date of hire and become subject to DOT when license is obtained.
SEIU MOU 2010-2011 24
Effective September 1, 2009, employees hired or promoted into Street Maintenance Worker 1/II
position will be required to obtain a Class B license prior to passing of probationary period and
participate in the DOT Program. These employees will not receive out of class pay when
required to drive a Class B Vehicle.
Street Maintenance Worker 1/II employees can opt in to the DOT program upon promotion or if
they obtain the Class B license on their own.
Class B license will remain a requirement for Park Maintenance Worker II. If assigned to a
Class B task, these employees who have the Class B license will receive out of class pay for the
day (s) they were required to drive a Class B vehicle. However, Parks Maintenance Worker II's
hired before September 1, 2009 had a one-time option of opting out of the Class B License
Program by October 1, 2009.
Effective September 1, 2009, employees hired or promoted into Maintenance Worker 1/II
position will have to have the Class B within six (6) months from initial date of appointment.
These employees will not receive out of class pay when required to drive a Class B vehicle.
Parks Maintenance Worker 1/11 employees can opt in to the DOT program upon promotion or if
they obtain the Class B license on their own.
6.6 PROBATIONARY PERIOD
6.6.1 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.
6.6.2 Length of Probationary Period
The probationary period on original and promotional appointment shall be for one (1) year.
Employees shall receive one written Probationary Evaluation from their immediate supervisor
during the Probationary Period, preferably at the midway point.
6.6.3 Rejection During Probation
During the probationary period an employee may be rejected at any time by the Appointing
Authority without the right of appeal.
6.6.4 Notification of Rejection
On determining that a probationary employee's work is not satisfactory, the Appointing Authority
shall notify the Human Resources Director 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.
6.6.5 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.
6.6.6 Regular Status
Regular status shall commence with the day following the expiration date of the probationary
period.
SEIU MOU 2010-2011 25
6.6.7 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.
6.6.8 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.
6.6.9 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 6.5.8.
6.7 TRANSFERS/ REASSIGNMENTS
6.7.1 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.
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.
6.7.2 Minimum Qualifications & Probation
Any persons transferred to a different position shall possess the minimum qualifications for the
position.
6.7.3 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.
SEIU MOU 2010-2011 26
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.
6.8 PERSONNEL RULES & REGULATIONS
Employees covered by this MOU agree to follow the City's Personnel Rules and Regulations
located on the City's Intranet website.
6.8.1 Drug & Alcohol Policy
The City and the Union agree to the non -DOT general drug and alcohol policy. A copy is
available with the City's policies and on the City's Intranet website. (Safety sensitive job classes
are covered by the DOT Drug and Alcohol Policy previously agreed to by both parties and
located on the City's Intranet website).
6.8.2 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 the 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.
6.8.3 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.
6.8.4 Outside Employment Policy
Outside Employment shall be in accordance with the City's Outside Employment Policy which is
available on the City's Intranet website.
6.8.5 Use of City Vehicle
Public Works Supervisors, at the direction of the Department Director, will be allowed to take a
City vehicle home in emergency conditions.
6.8.6 Wireless Communication Policy
Union members agree to adhere to the provisions of the City's Wireless Communication Policy
which is available on the City's Intranet Website. Upon recommendation of the Department
Director, the City will provide Bluetooth devices to those employees who are required to use
their City cell phone while driving during the course of business.
SEW MOU 2010-2011 27
6.8.7 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.
6.9 MISCELLANEOUS
6.9.1 Hazardous Materials
Maintenance employees in the Union will be provided with the necessary training associated
with what is termed first responder awareness level. 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 on -duty Fire
Battalion Chief is the Incident Commander in the event of a hazardous material release.
It is understood and agreed by both parties that maintenance employees in this Union 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.
Maintenance employees of this Union do have direct responsibility to handle (clean up, mitigate,
transport, dispose of, etc.) petroleum products such as diesel fuel gasoline, drain oil, and the
like.
6.9.2 Gratuities/ Solicitation of Contributions
Gratuities and/or solicitation of contributions are not allowed.
6.9.3 Return of City Equipment
Upon termination of employment, all tools, equipment, and other City property assigned to an
employee shall be returned to the employee's supervisor before leaving City employment.
6.9.4 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and
Federal Law.
6.9.5 Employment of Relatives
Employment of relatives shall be governed by the City's Personnel Rules and Regulations.
6.9.6 Labor/Management Meetings
During the term of the Agreement, the City and the Union 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 three (3) representatives from the Miscellaneous and
Supervisory Units and three (3) from City Management as well as the SEW Field
Representative and the Human Resources Director. The parties agree that committee
members may change depending on the subject matter.
Meetings may be requested by either party. The party requesting the meeting shall submit a
proposed agenda and the receiving party shall acknowledge and confirm the date, time and
SEW MOU 2010-2011 28
location of the requested meeting. It is intended that the subject matter will not include issues
subject to Article 7.4 Grievance Procedures.
6.9.7 Contract Orientation Work Sessions
The City and the Union agree that the individuals having responsibility for the enforcement of
the Agreement, Union Stewards 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.
6.9.8 Temp Seasonal Employees
Both the City of San Rafael and SEIU 1021 recognize the valid, necessary reasons for
appropriate temporary, seasonal, retiree, and fixed -term work. The City follows the Resolution
of the City Council of the City of San Rafael adopting a temporary, seasonal, retiree, fixed -term
salary and benefit plan. The City shall make its best efforts, with consideration to the fiscal
condition of the City, to continue to transition temporary positions that are used in a recurring,
routine manner and perform work typically accomplished by SEIU classifications throughout the
term of the agreement, to regular City positions.
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. 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 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 Human Resources Department.
SEIU MOU 2010-2011 29
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.
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 service 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, except where permitted by law. 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.
SEW MOU 2010-2011 30
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.
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 to Step 4 of 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.
7.3.4 Harassment Policy
It is the City's intent and purpose to provide all officials, employees, applicants and contractors
with an environment that is free from any form of harassment, discrimination or retaliation.
Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation
which is available on the City's Intranet website.
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 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 the Union on behalf
of a group of employees or the Union on its own behalf on matters involving the City and
Union relationship.
4. Time limits begin with the day following the event causing the grievance or the day
following receipt of a grievance decision.
SEW MOU 2010-2011 31
7.4.2 Procedure
Step 1.
Within seven (7) 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) 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 1, the grievant must reduce the
grievance to writing and present it to the Department Director within five (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 requested, and shall be signed by the grievant.
The Department Director shall confer with the grievant and within ten (10) 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) 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) days thereafter, respond to the allegations in
writing.
Step 4.
If the grievance remains unresolved after Step 3, the Union may, by written notice to the
City's Human Resources Department within ten (10) days after the receipt of the
response in Step 3, notify the City that the Union 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 he/she deems
proper.
The burden of proof shall be upon the Union in grievance matters and upon the City in
disciplinary/discharge matters.
SEIU MOU 2010-2011 32
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, the Union 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 matter 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 the Union and the City. All
other expenses shall be borne by the party incurring them. The cost of the services of 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 equally.
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 the
Union or the City.
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 the Union, be moved to the next step of the procedure. If the
Union 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, the Union 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
Reclassification of positions covered by this MOU shall be in accordance with the City's
Reclassification Policy available on the City's Intranet website.
7.6 FURLOUGH PROGRAM
Both the City of San Rafael and SEIU 1021 recognize the unpredictable shifts in funding that
affect City finances. Through this recognition and in a cooperative spirit the City of San Rafael
and SEIU 1021 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 Union at least 60 days prior to implementation of the Furlough
SEW MOU 2010-2011 3.3
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 6.6.2. (4.b.).
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 cannot 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 the union.
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
SEW MOU 2010-2011 34
b. Float time accrued through the MTO Program must be taken in the
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 furlough induced 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 the Union 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.
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 so 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 for which
he or she meets the minimum qualifications, or into the next lower classification in which such
SEW MOU 2010-2011 35
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
7.7.2, 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 Union to review and receive feedback on the procedure to be used to inform and process
those classifications and individuals who are determined to be laid off. The information gained
in this meeting from the Union by the City will be advisory and not 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
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 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 shall 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.
SEIU MOU 2010-2011 36
SEW O ALJO
'aul Carroll, SEW Representative
b
Dav Mauldin, Facility Repair Worker
Kenny Schmaus, Parks Maintenance Worker 11
Earl Boisclair, Yard Clerk/Dispatcher
PamLaKleln SuLrks
ervising Librarian
Vern Doughty,aintenance Supervisor
Hollie Stanaland, Supervising Librarian
Eric Kruse, Parking Maintenance & Collections
Wes Sitchler, Sewer Maintenance Worker III
MrVoBima, reet Maint. Worker II
/Ossrrison, Cu todian
(;I gI2010
Date
SEW MOU 2010-2011
CITY OF SAN RAFAEL:
Leslie Loomis, Human Resources Director
(J-inSchutz, Assist rnt City Manager
Megan%U%n, HR Representative
Date
Page 1 of 2 SEIU - San Rafael Exhibit A
SALARY SCHEDULE
Effective July. 2010
Grade Position
7241 ACCOUNTANT 1
7240 ACCOUNTANT II
7200 ACCOUNTING ASSISTANT 1
7201 ACCOUNTING ASSISTANT II
7205 ADMIN ANALYST
7211 ADMIN ASSISTANT 1
7212 ADMIN ASSISTANT II
7213 ADMIN ASSISTANT III
7214 ADMIN ASSISTANT IV
7216 ADMIN ASSISTANT TO THE CC
7210 ASSISTANT PLANNER
7208 ASSOCIATE PLANNER
7217 BUILDING INSPECTOR 1
7218 BUILDING INSPECTOR 11
7475 BUILDING TECHNICIAN 1
7220 BUSINESS LICENSE EXAMINER
7221 CHILD CARE BOOKKEEPER 1
7262 CHILD CARE BOOKKEEPER it
7222 CODE ENFORCEMENT OFFICIAL 1
7223 CODE ENFORCEMENT OFFICIAL II
7380 CODE ENFORCEMENT OFFICIAL III
2122 CODE ENFORCEMENT SUPERVISOR*
2119 CONSTRUCTION INSPECTOR- SRSD
7224 CUSTODIAN
2115 DEPUTY BUILDING OFFICIAL
7226 DEPUTY CITY CLERK
7232 FACILITY REPAIR SUPERVISOR
7291 FACILITY REPAIR WORKER I
7233 FACILITY REPAIR WORKER II
7108 FIRE PREVENTION INSPECTOR 1
7107 FIRE PREVENTION INSPECTOR II
7237 GIS ANALYST 1
2403 GIS ANALYST II
7243 LIBRARIAN 1
7244 LIBRARIAN II
2404 LIBRARY AIDE
7246 LIBRARY ASSISTANT 1
7247 LIBRARY ASSISTANT II
7248 LIBRARY CIRCULATION SUPERVISOR
7292 LITERACY PROGRAM SUPERVISOR
2117 LITERACY SPECIALIST 1
2118 LITERACY SPECIALIST 11
7249 MAIL & STORES CLERK
7255 NETWORK ANALYST
*New Position
**Reclassified from Parks Maintenance Worker 111
* Reclassified from Streets Maintenance Worker 111
A
B
C
D
E
$ 4,814
$
5,054
$
5,307
$
5,572
$
5,851
$ 5,057
$
5,310
$
5,576
$
5,854
$
6,147
$ 3,496
$
3,671
$
3,854
$
4,047
$
4,249
$ 3,854
$
4,047
$
4,249
$
4,461
$
4,685
$ 4,683
$
4,917
$
5,163
$
5,421
$
5,692
$ 3,803
$
3,993
$
4,192
$
4,402
$
4,622
$ 4,193
$
4,403
$
4,623
$
4,854
$
5,097
$ 4,516
$
4,742
$
4,979
$
5,228
$
5,489
$ 4,745
$
4,982
$
5,232
$
5,493
$
5,768
$ 4,516
$
4,742
$
4,979
$
5,228
$
5,489
$ 5,297
$
5,562
$
5,840
$
6,132
$
6,439
$ 5,847
$
6,140
$
6,446
$
6,769
$
7,107
$ 4,799
$
5,039
$
5,291
$
5,556
$
5,834
$ 5,297
$
5,562
$
5,840
$
6,132
$
6,439
$ 4,138
$
4,345
$
4,562
$
4,790
$
5,030
$ 4,049
$
4,251
$
4,464
$
4,687
$
4,921
$ 3,496
$
3,671
$
3,854
$
4,047
$
4,249
$ 3,854
$
4,047
$
4,249
$
4,461
$
4,685
$ 3,844
$
4,036
$
4,238
$
4,449
$
4,672
$ 4,242
$
4,454
$
4,677
$
4,911
$
5,156
$ 4,799
$
5,039
$
5,291
$
5,556
$
5,834
$ 6,097
$
6,402
$
6,722
$
7,058
$
7,411
$ 5,218
$
5,478
$
5,753
$
6,041
$
6,342
$ 3,590
$
3,769
$
3,958
$
4,156
$
4,363
$ 6,286
$
6,601
$
6,931
$
7,277
$
7,641
$ 4,630
$
4,861
$
5,104
$
5,359
$
5,627
$ 5,718
$
6,004
$
6,304
$
6,620
$
6,951
$ 4,056
$
4,259
$
4,472
$
4,695
$
4,930
$ 4,474
$
4,697
$
4,932
$
5,179
$
5,438
$ 6,066
$
6,370
$
6,688
$
7,023
$
7,374
$ 6,688
$
7,022
$
7,374
$
7,743
$
8,130
$ 5,412
$
5,683
$
5,967
$
6,265
$
6,578
$ 5,953
$
6,251
$
6,563
$
6,892
$
7,236
$ 4,642
$
4,874
$
5,117
$
5,373
$
5,642
$ 4,876
$
5,120
$
5,376
$
5,645
$
5,927
$ 2,221
$
2,332
$
2,449
$
2,571
$
2,700
$ 3,054
$
3,207
$
3,367
$
3,536
$
3,712
$ 3,455
$
3,628
$
3,809
$
3,999
$
4,199
$ 4,419
$
4,640
$
4,872
$
5,115
$
5,371
$ 5,381
$
5,650
$
5,932
$
6,229
$
6,540
$ 3,291
$
3,455
$
3,628
$
3,810
$
4,000
$ 3,628
$
3,810
$
4,000
$
4,200
$
4,410
$ 3,285
$
3,449
$
3,622
$
3,803
$
3,993
$ 5,412
$
5,682
$
5,966
$
6,265
$
6,578
NOTE: Positions eliminated by the Council in FY 10/11
will be deleted from this Salary Schedule
Page 2 of 2 SEW - San Rafael Exhibit A
SALARY SCHEDULE
Effective Julv. 2010
Grade Position
A
B
C
D
E
7274 NETWORK SUPPORT TECHNICIAN
$
4,138
$
4,345
$ 4,562
$
4,790
$ 5,030
7285 OFFICE ASSISTANT 1
$
3,128
$
3,284
$ 3,449
$
3,621
$ 3,802
7284 OFFICE ASSISTANT 11
$
3,535
$
3,711
$ 3,897
$
4,092
$ 4,296
7257 PARKING ATTENDANT 1
$
1,788
$
1,877
$ 1,971
$
2,069
$ 2,173
7275 PARKING ATTENDANT II
$
1,970
$
2,068
$ 2,172
$
2,280
$ 2,394
6208 PARKING ENFORCEMENT OFFICER
$
4,442
$
4,646
$ 4,861
$
5,074
$ 5,313
6212 PARKING EQUIPMENT TECHNICIAN
$
4,158
$
4,366
$ 4,584
$
4,813
$ 5,054
6209 PARKING MAINTENANCE & COLLECTIONS
$
4,158
$
4,366
$ 4,584
$
4,813
$ 5,054
6211 PARKING OPERATIONS SUPERVISOR
$
5,718
$
6,004
$ 6,304
$
6,620
$ 6,951
7258 PARKS AND GRAFFITI WORKER
$
3,770
$
3,959
$ 4,157
$
4,364
$ 4,583
7256 PARK EQUIPMENT MECHANIC
$
4,699
$
4,934
$ 5,181
$
5,440
$ 5,712
7271 PARKS MAINT. SUPERVISOR
$
5,718
$
6,004
$ 6,304
$
6,620
$ 6,951
7236 PARKS MAINTENANCE WORKER 1
$
3,770
$
3,959
$ 4,157
$
4,364
$ 4,583
7238 PARKS MAINTENANCE WORKER II
$
4,158
$
4,366
$ 4,584
$
4,813
$ 5,054
PARKS LEAD MAINTENANCE WORKER**
$
4,815
$
5,056
$ 5,309
$
5,575
$ 5,853
7203 PAYROLL TECHNICIAN
$
4,935
$
5,181
$ 5,440
$
5,712
$ 5,998
7261 PLANNING TECHNICIAN
$
4,138
$
4,345
$ 4,562
$
4,790
$ 5,030
7234 PRINTING PRESS OPERATOR
$
4,092
$
4,297
$ 4,512
$
4,737
$ 4,974
1201 PROGRAM COORDINATOR
$
4,349
$
4,566
$ 4,794
$
5,034
$ 5,286
7263 REVENUE SUPERVISOR
$
6,153
$
6,461
$ 6,784
$
7,123
$ 7,479
7219 SENIOR BUILDING TECHNICIAN
$
4,799
$
5,039
$ 5,291
$
5,556
$ 5,834
7265 SENIOR LIBRARY ASSISTANT
$
3,628
$
3,810
$ 4,000
$
4,200
$ 4,410
7264 SENIOR PLANNER
$
6,617
$
6,948
$ 7,295
$
7,660
$ 8,043
7266 SEWER MAINTENANCE WORKER 1
$
4,261
$
4,474
$ 4,697
$
4,932
$ 5,179
7267 SEWER MAINTENANCE WORKER II
$
4,585
$
4,815
$ 5,055
$
5,308
$ 5,574
7268 SEWER MAINTENANCE WORKER III
$
5,058
$
5,311
$ 5,577
$
5,855
$ 6,148
7281 SEWERS SUPERVISOR
$
5,718
$
6,004
$ 6,304
$
6,620
$ 6,951
7269 SHOP & EQUIPMENT SUPERVISOR
$
5,718
$
6,004
$ 6,304
$
6,620
$ 6,951
7250 STREET MAINTENANCE WORKER 1
$
3,959
$
4,157
$ 4,365
$
4,584
$ 4,813
7251 STREET MAINTENANCE WORKER II
$
4,158
$
4,366
$ 4,584
$
4,813
$ 5,054
STREET LEAD MAINTENANCE WORKER***
$
4,815
$
5,056
$ 5,309
$
5,575
$ 5,853
7209 STREET MAINTENANCE SUPERVISOR
$
5,718
$
6,004
$ 6,304
$
6,620
$ 6,951
7245 SUPERVISING LIBRARIAN
$
5,381
$
5,650
$ 5,932
$
6,229
$ 6,540
8523 SUPERVISING PARKING ENFORCEMENT OFFICER
$
4,998
$
5,226
$ 5,469
$
5,708
$ 5,976
7288 SUPERVISING VEHICLE EQUIPMENT MECHANIC
$
5,058
$
5,311
$ 5,577
$
5,855
$ 6,148
7286 VEHICLE EQUIPMENT MECHANIC 1
$
4,261
$
4,474
$ 4,697
$
4,932
$ 5,179
7287 VEHICLE EQUIPMENT MECHANIC II
$
4,699
$
4,934
$ 5,181
$
5,440
$ 5,712
7289 VOLUNTEER PROGRAM COORDINATOR
$
4,038
$
4,240
$ 4,452
$
4,674
$ 4,908
7290 YARD CLERK/DISPATCHER
$
4,056
$
4,259
$ 4,472
$
4,695
$ 4,930
*New Position
**Reclassified from Parks Maintenance Worker 111 NOTE: Positions eliminated by the Council in FY 10/11
***Reclassified from Streets Maintenance Worker 111 will be deleted from this Salary Schedule
Exhibit B
City of San Rafael
Employees represented by SEIU Local 1021
Classification/Compensation Summary: Benchmark Linkages
W:\Management Services- WorkFile\HR- WorkFile\Human Resources\MOU'S\MOU's 2010\SEIU\SEIU 10-
I 1 _Exh B_Benchm ark. doc
Linkage
Current Benchmark
Title
Grade Levels from Benchmark
Supervisor — Revenue
+16
Accountant II
+11
Payroll Technician
+10
Accountant I
+9
Business License Examiner
+2
A Accounting Assistant 11
Accounting Assistant 11
0
Child Care Bookkeeper 11
0
Accounting Assistant 1
4
Child Care Bookkeeper I
4
Customer Service Clerk
4
Senior Planner
+5
Fire Plans Examiner
+4
B Associate Planner
Associate Planner
0
Fire Prevention Inspector 11
-.5
Supervising Inspector
-2
Programmer Analyst 11
-3
Assistant Planner
-4
Building Inspector 11
-4
Fire Prevention Inspector I
-4.5
Programmer Analyst 1
-7
Network Analyst
-7
GIS Analyst
-7
Building Inspector 1
-8
Code Enforcement Oficial III
-8
Senior Building Technician
-8
Administrative Analyst
-9
Recreation Center Supervisor
-12
Code Enforcement Official Il
-13
Planning Technician
-14
Network Support Technician
-12
Building Technician I
-14
Volunteer Program Coordinator
-15
GIS Technician
-16
Code Enforcement Official I
-17
Supervising Parking Enforcement Officer
+12.5
C Parking Enforcement Officer
Parking Enforcement Officer
0
Supervising Librarian
+18
Literacy Program Supervisor
+18
Librarian 11
+14
Librarian 1
+12
Library Circulation Supervisor
+10
Senior Library Assistant
+2
D Library Assistant II
Library Assistant II
0
Library Assistant 1
-5
W:\Management Services- WorkFile\HR- WorkFile\Human Resources\MOU'S\MOU's 2010\SEIU\SEIU 10-
I 1 _Exh B_Benchm ark. doc
Current Benchmark
E Secretary or
Administrative Assistant 11
F Street Maintenance
Supervisor
Exhibit B
Linkage
Title Grade Levels from Benchmark
Administrative Assistant IV +5
Deputy City Clerk +4
Administrative Assistant to the City Clerk +3
Administrative Assistant 111 +3
Administrative Assistant 11 0
Printing Press Operator
Administrative Assistant I
-4
Office Assistant II
-7
Mail and Stores Clerk
-10
Office Assistant 1
-12
Parking Attendant 11
-21
Parking Attendant 1
-23
Supervisor --- Street Maintenance 0
Supervisor—Sewers
0
Supervisor-- Facility Repair
0
Shop and Equipment Supervisor
0
Supervisor --- Parks
0
Supervising Vehicle/Equipment Mechanic
-5
Sewer Maintenance Worker 111
-5
Supervising Street Maintenance Worker
-7
Parking Operations Supervisor
-7
Vehicle/Equipment Mechanic 11
-8
Park Equipment Mechanic
-8
Streets Lead Maintenance Worker
-9
Parks Lead Maintenance Worker
-9
Sewer Maintenance Worker 11
-9
Facility Repair Worker 11
-10
Sweeper Operator
-11
Vehicle/Equipment Mechanic 1
-12
Sewer Maintenance Worker 1
-12
Parks Maintenance Worker 11
-13
Parking Equipment Technician
-13
Parking Maintenance & Collections
-13
Parking Meter Repair Technician
-13
Street Maintenance Worker 11
-13
Facility Repair Worker I
-14
Yard Clerk/Dispatcher
-14
Equipment Service Attendant
-15
Street Maintenance Worker 1
-15
Park & Graffiti Worker
-17
Parks Maintenance Worker 1
-17
Custodian
-19
"Bold Print for job class titles represents job classes in the Supervisory Unit.
W:Nanagement Services- WorkFile\HR- WorkFile\Human Resources\MOU'S\MOU's 2010\SEIU\SEIU-10-
Il ExhB„_Benchmark.doc