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HomeMy WebLinkAboutCC Resolution 12842 (MOU Police Association)RESOLUTION NO. 12842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR EMPLOYEES REPRESENTED BY SAN RAFAEL POLICE ASSOCIATION (Two year agreement from July 1, 2009 through June 30, 2011) WHEREAS, the City of San Rafael and the San Rafael Police Association 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 two-year period from July 1, 2009 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 San Rafael Police Association shall utilize the Memorandum of Understanding for the period beginning July 1, 2009, attached hereto, as the official document of reference respecting compensation and working conditions for employees represented by the San Rafael Police Association. 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 5th of October, 2009, by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk o►r of Agenda Item No: 7 Meeting Data: October 5, 2009 I UL—" SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Management Services Prepared by: Jim Schutz, Assistant City Manager -City Manager Approval: Leslie Loomis, Human Resources Director y SUBJECT: MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL POLICE ASSOCIATION (JULY 1, 2009 THROUGH JUNE 30, 2011) RECOMMENDATION: Adopt resolution. BACKGROUND: The San Rafael Police Association ("SRPA") represents 89 budgeted positions within the City of San Rafael. Negotiation meetings were held with representatives from both the bargaining unit and the City over a period extending from April to September 2009. As with other bargaining units, the recession set the tone for the negotiations. Because of the current economy, the issues centered on not increasing costs for the City and also creating a cafeteria plan to address longer term health costs. A key City priority for all bargaining units was to create a full flex cafeteria plan to control City health care costs into the future and significantly reduce the health benefit of new employees at retirement thus reducing the City's longer term "Other Post Employment Benefit (OPEB)" costs. The plan is based on the CalPERS minimum contribution ($105/month in 2010) and would begin effective January 1, 2010. The CalPERS minimum is also known as the Public Employees' Medical and Hospital Care Act (PEMHCA) minimum as CalPERS administers the PEMHCA program. Active employees participating in the City's cafeteria plan will receive a monthly flex dollar allowance, including the PEMHCA minimum, to purchase benefits. All employees hired on or after January 1, 2010 shall be eligible to receive the PEMHCA minimum contribution upon their retirement from the City. FOR CITY CLERK ONLY File No.: �� 3 Council Meeting: ID %S/09 Disposition: RC ?L U i /0,U !:f /--.$ 4�— SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS / SUMMARY: The following reflects highlights of the tentative agreement between the City of San Rafael and the SRPA on a two-year contract. The provisions of this settlement are consistent with the guidelines authorized by the City Council. 1. Term of the Agreement: July 1, 2009 through June 30, 2011 (2 -year contract). 2. Salary Increase: There will be no salary increase to job classes represented by SRPA during the term of this MOU. 3. Cafeteria Plan: Effective January 1, 2010, the City shall implement a full flex cafeteria plan. The monthly flex dollar allowance shall remain unchanged from the current amounts. These amounts will include the PEMHCA minimum. 4. Retiree Health: The City shall contribute the PEMHCA minimum, as determined by CalPERS on an annual basis, towards retiree health for all employees hired on or after January 1, 2010. 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 employee 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. Employees hired on or before January 1, 2010, who retire from the City, shall receive a monthly contribution to a trust for their health care not to exceed $386 per month. 5. Other Provisions: The SRPA agreed to meet and discuss cost savings to the City should the City be required to re -state and increase the budget deficit for Fiscal Year 2009/10 or if the City projects a deficit for Fiscal Year 2010/11. The SRPA also agreed to continue to meet on the subject of reducing pension costs. FISCAL IMPACT: This two year agreement contains no new costs. Longer term savings will be achieved by implementing the retiree health changes noted above. OPTIONS: The City Council may: 1. Accept staff's recommendation and adopt the resolution, 2. Seek additional information from staff and approve or postpone a decision on this Memorandum of Understanding, or 3. Direct the City's negotiations team back to the table with this bargaining group with a change in authority. ACTION REQUIRED: Adopt the resolution approving the Memorandum of Understanding with SRPA for a period of two years (July 1, 2009 through June 30, 2011). MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL POLICE ASSOCIATION JULY], 2009 - JUNE 30, 2011 TABLE OF CONTENTS GENERALPROVISIONS......................................................................................................................1 1.1. INTRODUCTION........................................................................................................................................... 1 1.1.1. Scope of Agreement........................................................................................................................... l 1.1.2. Term of MOU.......................................................................................................................................1 1.2. RECOGNITION.............................................................................................................................................1 1.2.1. Bargaining Unit....................................................................................................................................1 1.3. NON-DISCRIMINATION................................................................................................................................1 1.3.1. In General............................................................................................................................................ l 1.3.2. Bargaining Unit Discrimination..........................................................................................................2 1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING...............................................................................2 1.5. EXISTING LAWS, REGULATIONS & POLICIES............................................................................................2 1.6. STRIKES & LOCKOUTS..............................................................................................................................2 1.7. SEVERABILITY............................................................................................................................................2 1.8. PREVAILING RIGHTS..................................................................................................................................2 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER....................................................................................2 1.9.1. Understanding.....................................................................................................................................2 1.9.2. Waiver & Modification.........................................................................................................................2 2 MMBA...........................................................................................................................................................3 2.1. BARGAINING UNIT RIGHTS........................................................................................................................3 2.1.1. Bargaining Unit Stewards Designation............................................................................................3 2.1.2. Release Time......................................................................................................................................3 2.2. DUES DEDUCTION......................................................................................................................................3 2.2.1. Collection of Dues...............................................................................................................................3 2.2.2. Dues Collection during Separation from Employment...................................................................3 2.3. MANAGEMENT RIGHTS..............................................................................................................................3 2.4. COMMENCEMENT OF NEGOTIATIONS........................................................................................................4 3 COMPENSATION....................................................................................................................................4 3.1. GENERAL WAGES AND COMPENSATION...................................................................................................4 3.1.1. Pay Dates.............................................................................................................................................4 3.1.2. General Wage Increases...................................................................................................................4 3.1.3. Definitions............................................................................................................................................ 5 3.1.4. Compensation Plan............................................................................................................................5 3.2. STEP INCREASES.......................................................................................................................................5 3.2.1. Entry Level Step..................................................................................................................................5 3.2.2. Consideration for Step Increases.....................................................................................................5 3.2.3. Merit Increases....................................................................................................................................6 3.3. ADDITIONAL PAY........................................................................................................................................6 3.3.1. Shift Differential Pay...........................................................................................................................6 3.3.2. Court Pay.............................................................................................................................................6 3.3.3. Call Back Pay......................................................................................................................................6 3.3.4. Educational Expense Reimbursement.............................................................................................7 3.3.5. Certificate Incentive............................................................................................................................7 3.3.6. Bilingual Pay........................................................................................................................................8 3.3.7. Uniform Allowance..............................................................................................................................8 3.3.8. Special Weapons and Tactics (SWAT) Team................................................................................9 3.3.9. Hostage Negotiations Team (HNT)..................................................................................................9 3.3.10. Field Training Officer (FTO)..............................................................................................................9 3.3.11. Motor Officer Pay................................................................................................................................9 3.3.12. Mental Health Officer Pay..................................................................................................................9 3.3.13. Field Evidence Technician (FET).....................................................................................................9 3.3.14. Self -Defense and Tactics (SDA T) & Firearms Instructor Pay......................................................9 3.3.15. Detective Pay....................................................................................................................................10 3.4. REVENUE SHARING.................................................................................................................................. 10 3.4.1. Conditions for Revenue Sharing.....................................................................................................10 3.4.2. Revenue Definitions & Revenue Sharing Calculations...............................................................10 3.4.3. Schedule............................................................................................................................................10 4 BENEFITS ................................................................................................................................................11 4.1 EMPLOYEE BENEFITS COMMITTEE.......................................................................................................... 11 4.2 HEALTH & WELFARE............................................................................................................................... 11 4.2.1 City Contribution....................................................................................................................................11 4.2.2 Full Flex Cafeteria Plan........................................................................................................................12 4.2.3 Retirees Health Insurance....................................................................................................................12 4.2.4 Health and Dependent Care Spending Accounts.............................................................................13 4.3 PERS HEALTH INSURANCE BENEFITS................................................................................................... 13 4.4 DENTAL PLAN.......................................................................................................................................... 13 4.5 VISION PLAN............................................................................................................................................ 13 4.6 LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT........................................................... 13 4.7 LONG TERM DISABILITY POLICY.............................................................................................................14 4.8 RETIREMENT CONTRIBUTION................................................................................................................... 14 4.8.1 City Paid Employee Retirement (City Paid Member Contribution).................................................14 4.8.2 Retirement Plans...................................................................................................................................14 4.8.3 Member Cost of Living Rates...............................................................................................................14 4.8.4 Pension Costs........................................................................................................................................14 5 LEAVES.....................................................................................................................................................14 5.1 SICK LEAVE.............................................................................................................................................. 14 5.1.1 Eligibility..................................................................................................................................................14 5.1.2 Sick Leave Accrual................................................................................................................................15 5.1.3 Use of Sick Leave..................................................................................................................................15 5.1.4 Advance of Sick Leave.........................................................................................................................15 5.1.5 Service Credit for Sick Leave...............................................................................................................15 5.1.6 Compensation for Unused Portion......................................................................................................15 5.2 VACATION LEAVE.....................................................................................................................................15 5.2.1 Eligibility ..................................................................................................................................................15 5.2.2 Rate of Accrual.......................................................................................................................................15 5.2.3 Administration of Vacation Leave........................................................................................................16 5.2.4 Vacation Sign-up...................................................................................................................................16 5.2.5 Vacation Cap..........................................................................................................................................16 5.2.6 Vacation Cash-In...................................................................................................................................16 5.3 HOLIDAYS.................................................................................................................................................17 5.4 OTHER LEAVE.......................................................................................................................................... 17 5.4.1 Bereavement Leave..............................................................................................................................17 5.4.2 Jury Duty.................................................................................................................................................17 5.4.3 Military Leave.........................................................................................................................................17 5.4.4 Leave of Absence Without Pay...........................................................................................................17 5.4.5 Industrial Injury Leave...........................................................................................................................18 5.4.6 Medical Leave of Absence...................................................................................................................18 5.4.7 Absence without Authorized Leave.....................................................................................................19 5.4.8 Catastrophic Leave................................................................................................................................19 6 TERMS & CONDITIONS OF EMPLOYMENT.............................................................................19 6.1 HOURS OF WORK..................................................................................................................................... 19 6.1.1 Alternate Work Weeks..........................................................................................................................19 6.1.2 Shift Rotation..........................................................................................................................................20 6.1.3 Patrol Briefing.........................................................................................................................................21 6.1.4 Employee Break and Meal Periods.....................................................................................................21 6.2 OVERTIME.................................................................................................................................................21 6.2.1 Overtime.................................................................................................................................................. 21 6.2.2 Requests for Compensatory Time Off................................................................................................22 6.3 SHIFT CHANGES.......................................................................................................................................22 6.4 PROBATIONARY PERIOD..........................................................................................................................22 6.4.1 Purpose of Probation............................................................................................................................22 6.4.2 Length of Probationary Period.............................................................................................................22 6.4.3 Rejection During Probation..................................................................................................................22 6.4.4 Extension of Probationary Period........................................................................................................23 6.4.5 Notification of Rejection or Extension.................................................................................................23 6.4.6 Regular Status.......................................................................................................................................23 6.4.7 Promotion of Probationary Employee.................................................................................................23 6.4.8 Unsuccessful Passage of Promotional Probation.............................................................................23 6.5 PERSONNEL RULES & REGULATIONS.....................................................................................................23 6.5.1 Employer -Employee Resolution..........................................................................................................23 6.5.2 Drug and Alcohol Policy........................................................................................................................23 6.5.3 Outside Employment Policy.................................................................................................................24 6.5.4 Medical Standards.................................................................................................................................24 6.5.5 Temporary Light Duty Policy Statement.............................................................................................24 6.5.6 Reinstatement........................................................................................................................................25 6.6 MISCELLANEOUS......................................................................................................................................25 6.6.1 Gratuities/ Solicitation of Contributions.............................................................................................25 6.6.2 Return of City Equipment.....................................................................................................................26 6.6.3 Political Activity......................................................................................................................................26 6.6.4 Employment of Relatives......................................................................................................................26 6.6.5 Labor/ Management Advisory Meetings............................................................................................26 7 PROCEDURES........................................................................................................................................26 7.1 DEMOTION & SUSPENSION......................................................................................................................26 7.1.1 Demotion.................................................................................................................................................26 7.1.2 Suspension.............................................................................................................................................26 7.2 TERMINATION OF EMPLOYMENT..............................................................................................................27 7.2.1 Resignation.............................................................................................................................................27 7.2.2 Termination - Layoff..............................................................................................................................27 7.2.3 Termination - Disciplinary Action.........................................................................................................27 7.2.4 Retirement..............................................................................................................................................27 7.2.5 Rejection During Probation..................................................................................................................27 7.3 DISCIPLINARY ACTION.............................................................................................................................27 7.3.1 Right to Discipline & Discharge........................................................................................................... 27 7.3.2 Appeals................................................................................................................................................... 28 7.3.3 City Manager and Arbitration...............................................................................................................28 7.4 GRIEVANCE PROCEDURE.........................................................................................................................28 7.4.1 Definition.................................................................................................................................................28 7.4.2 Initial Discussions..................................................................................................................................28 7.4.3 Referral to the City Manager................................................................................................................29 7.4.4 City Manager and Arbitration...............................................................................................................29 7.4.5 No Abridgement of Other Rights of Appeal.......................................................................................29 7.4.6 Pay Claims..............................................................................................................................................29 7.4.7 Matters Excluded from the Grievance Procedure of the Memorandum of Understanding ......... 29 7.5 POSITION RECLASSIFICATION..................................................................................................................30 7.6 REDUCTION IN FORCE..............................................................................................................................30 7.6.1 Notice......................................................................................................................................................30 7.6.2 Order of Layoff.......................................................................................................................................30 7.6.3 Re -Employment Eligibility List.............................................................................................................30 LIST OF EXHIBITS Exhibit A Salary Schedule for July 1, 2009 — June 30, 2011 it MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL POLICE ASSOCIATION The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representative unit, have freely exchanged information, opinions and proposals, and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2009 and ending June 30, 2011. 1 GENERAL PROVISIONS 1.1. INTRODUCTION 1.1.1. Scope of Agreement The salaries, hours, fringe benefits, and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein -after called "CITY") and the San Rafael Police Association (herein -after called "ASSOCIATION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein. In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the Personnel Ordinance, Rules and Regulations, Administrative Procedures, and regulations and directives of the Police Department. 1.1.2. Term of MOU This agreement shall be in effect from July 1, 2009 through June 30, 2011. 1.2. RECOGNITION 1.2.1. Bargaining Unit The City hereby recognizes the Association as the bargaining representative for the purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the San Rafael Police Association Bargaining Unit (as referenced in Exhibit A attached). New classifications developed by the City, and determined to be appropriately included in the Bargaining Unit, shall be assigned a wage scale by the City. The City will forward to the Association the new classification and wage scale. The wage scale for the new classification shall then be subject to the meet and confer process. 1.3. NON-DISCRIMINATION 1.3.1. In General The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual preference, marital status, medical condition or disability. Any employee who believes they are being discriminated against should refer to the City of San Rafael's Harassment Policy for the process of receiving an internal administrative review of their complaint. This administrative procedure shall be used as the internal complaint procedure in lieu of the grievance procedure outlined in this MOU (Article 7.4). Nothing contained in this subsection shall limit an employee's rights under the Police Officer Bill of Rights and/or the disciplinary review and appeal procedure outlined in this MOU. 1.3.2. Bargaining Unit Discrimination No member, official, or representative of the Association shall in any way suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Association. 1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING Both the City and the Association agree to keep duplicate originals of this agreement on file in a readily accessible location available for inspection by any City employee, or member of the public, upon request. 1.5. EXISTING LAWS, REGULATIONS & POLICIES This MOU is subject to all applicable laws. The City agrees to meet and confer with the Association on proposed changes to policies or procedures that impact bargaining rights. 1.6. STRIKES & LOCKOUTS During the term of this MOU, the City agrees that it will not lock out employees, and the Association agrees that it will not encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time. 1.7. SEVERABILITY If any article, paragraph or section of this MOU shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this MOU shall not be affected thereby, and the parties shall enter into meet and confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section 1.8. PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, ordinance or resolution, which are not specifically superseded by this MOU, shall remain in full force and effect throughout the term of this Agreement. 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER 1.9.1. Understanding The parties jointly represent to the City Council that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. 1.9.2. Waiver & Modification Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to meet and confer with respect to any subject or matter covered herein during the period of the term of this MOU The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope to meeting and conferring for a proposed MOU between the parties to be effective on or after July 1, 2011. 2 MMBA 2.1. BARGAINING UNIT RIGHTS 2.1.1. Bargaining Unit Stewards Designation The Association shall, by written notice to the City Manager, designate certain of its members as Employee Representatives. Association representatives who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation, collective bargaining, or grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services. Such employee representatives shall submit through the Police Department chain of command a written request for excused absence to the Police Chief at least forty-eight (48) hours prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed three (3). 2.1.2. Release Time Two hundred (200) hours per calendar year shall be provided for union release time, apart from MMB activity, with ten days advance notice and approval of the Police Chief. Any additional hours shall be granted only with ten days advance notice and approval of the Police Chief. 2.2. DUES DEDUCTION 2.2.1. Collection of Dues City agrees, upon written consent of the employee involved, to deduct dues, as established by the Association, from the salaries of its members. The sums so withheld shall be remitted by City along with a list of employees who have had said dues deducted. 2.2.2. Dues Collection during Separation from Employment The provisions specified in this section shall not apply during periods of separation from the representative Unit by any such employee, but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representative Unit. The term separation includes transfer out of the Unit, layoff, and leave without pay absences with duration of more that 30 calendar days. 2.3. MANAGEMENT RIGHTS The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or non-existence of facts which are the basis of the management decision. 3. To determine the necessity of organization or any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means technology, and extent of services to be provided to the public. 5. Methods of financing. 6. Types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted. 8. To determine and change the number of locations, re -locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 10. To relieve employees from duties for lack of work or similar non -disciplinary reasons. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations. 13. To determine job classifications and to reclassify employees. 14. To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this Memorandum of Understanding and the City's Personnel Rules and Regulations. 15. To determine policies, procedures and standards for selection, training, and promotion of employees. 16. To establish employee performance standards including, but not limited to quality and quantity standards; and to require compliance therewith. 17. To maintain order and efficiency in it facilities and operations. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. The City and the Association agree and understand that if, in the exercise of rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Myers/Milias/Brown Act and case law interpreting said Act; or Federal law, the City shall have the duty to meet and confer with the Association regarding the impact of its decision/exercise of rights. 2.4. COMMENCEMENT OF NEGOTIATIONS It is mutually agreed to begin the Meet and Confer process no later than the first Monday in February, regarding the terms and conditions applicable to successor MOUs. The process will be initiated by the San Rafael Police Association through the submittal of upcoming contract requests it wishes to be considered. 3 COMPENSATION 3.1. GENERAL WAGES AND COMPENSATION 3.1.1. Pay Dates City employees are paid twice per month on the 15th and the last working day of the month. When a holiday falls on a pay day, the pay day will be transferred to the previous day of regular business unless the Finance Division is unable to complete the payroll by that work day, in which case the pay day will be the day following the holiday. The method of the distributing payroll shall be established by the Finance Division. 3.1.2. General Wage Increases Base salary increase shall be defined as an increase to general wages, excluding any benefit increases. Salary increases for all bargaining unit positions are established in the salary table attached as Exhibit A and included as part of this MOU. For the term of this agreement, the following base salary increases shall be applied on the identified effective date: July 1, 2009 0.0% July 1, 2010 0.0% The SRPA agrees to meet and discuss employee compensation should the City be required to re- state and increase the budget deficit for Fiscal Year 2009/10 or if the City projects a deficit for Fiscal Year 2010/11. The budget deficit for Fiscal Year 09/10 may need to be restated, for example, as the actual net change from Fiscal Year 2008/09 becomes known. This language shall only require the City and SRPA to meet and discuss cost savings to the City. The Total Contract Compensation Increase includes the total of salary and benefit changes or increases over the term of this MOU. The Association and City agree that Contract Compensation Increases identified in this MOU (excluding Revenue Sharing) total the following: Fiscal Year 2009-10 0.0% Fiscal Year 2010-11 0.0% 3.1.3. Definitions Total Compensation shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer's contribution towards employees' share of retirement, employer's retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts. The CPI shall be the percentage change in the San Francisco -Oakland -San Jose Area All Urban Consumer index as published by the Bureau of Labor Statistics for the one year period ending the month of October 2009 and each October thereafter during the term of the contract. 3.1.4. Compensation Plan The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, steps and any other special circumstances or items related to the total compensation paid employees. Each position within the classified services shall be allocated to its appropriate class in the classification plan on the basis of duties and responsibilities. Each class shall be assigned a salary range or a rate established in the salary plan. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect. 3.2. STEP INCREASES 3.2.1. Entry Level Step All initial employment shall be at the first step of the salary range. The City Manager or his/her designee may authorize, upon the recommendation of the Police Chief, a position at an appropriate higher salary when, in his/her opinion, it is necessary in order to obtain qualified personnel or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies beginning salary in excess of the first step. Initial employment appointments above Step C will require City Manager Approval. 3.2.2. Consideration for Step Increases An employee may be considered for a step increase in accordance with their anniversary date and the parameters of the salary schedule. Advancement to a higher salary within a salary range may be granted for continued improvements and efficient and effective service by the employee in the performance of his/her duties. Salary advancement shall be made only upon the recommendation of the Police Chief, with the approval of the City Manager or their designee, and are not automatic, but based on acceptable work performance. Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Police Chief and approval of the City Manager. 3.2.3. Merit Increases Employees at the maximum step of their salary range may be granted a merit pay award of up to five percent (5%) above and beyond their salary range. A merit pay award may be effective for up to one (1) year. A merit pay award when expired is not a disciplinary action and is not appealable. Merit pay awards may be granted in recognition of meritorious performance beyond the scope of regular duties and in response to extraordinary conditions. 3.3. ADDITIONAL PAY 3.3.1. Shift Differential Pay A three percent (3%) shift differential shall be paid for all represented employees regularly scheduled to work fifty percent (50%) or more of their shift after 1500 hours. A five percent (5%) shift differential shall be paid for all represented employee regularly scheduled to work fifty percent (50%) or more of their shift after 2200 hours. Employees assigned to work the swing or graveyard shift time periods on overtime or in accordance with Article 6.3, Shift Changes, are excluded from shift differential pay for those time periods. Shift differential shall not be considered an additional percentage on salary for personnel involved, but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts. The current operational policies and provisions for shift rotation and assignment remain in effect. 3.3.2. Court Pay If a police employee receives a subpoena requiring them, in the course and scope of their official employment, to appear in court or other official hearing other than during their regular tour of duty or shift of hours, they shall receive a minimum of two (2) hours pay at the overtime rate. "Other than during their regular tour of duty or shift hours" shall include vacation and compensatory time off. The employee shall submit the required documentation (copy of subpoena and overtime slip) for all related court pay on or immediately after the actual court appearance or after date of cancellation. If such appearance commences during the employee's regular tour of duty or shift of hours and continues beyond the normal completion time of the employee's regular tour of duty or shift of hours, then the employee will be compensated at the overtime rate for the actual time spent beyond the normal completion time of said tour/shift. If an employee receives more than one subpoena for the same scheduled time, he/she will receive the minimum time frame rate only once. The Police Department will provide appearance information for police employees. The department will be responsible for having such information available, when known, by 1800 hours. If the matter is not canceled by 1800 hours, on the court day preceding the appearance date, an employee shall receive one (1) hour pay at the overtime rate. Time spent at the appearance shall be compensated at the overtime rate. Nothing in the provision shall be construed to mean that the Association agrees in any way to any method of "flex scheduling." 3.3.3. Call Back Pay Call-back pay shall be provided at one and one-half times the regular rate with a three (3) hour minimum whenever required by the Department and with the expectation that the full three (3) hours will be worked. At no time will the minimum compensation overlap with a regularly scheduled work assignment. 3.3.4. Educational Expense Reimbursement The Educational Expense Reimbursement Program shall apply to all employees of the Police Department represented by this contract who have completed a total of two (2) or more continuous years of full time service with the San Rafael Police Department. The Educational Expense Reimbursement Program shall relate to the completion of college credits while off-duty for job-related courses, awarded from an accredited community college or an accredited college or an accredited university. Job-related courses are defined as those which contribute to current job performance or prepare the employee for other City positions. An eligible employee who takes a job-related course during off-duty hours at an accredited institution of learning (see above) shall be eligible to receive reimbursement for the costs of tuition, fees, and course materials, up to a maximum of $500 per fiscal year. The employee will be eligible for this reimbursement upon the successful completion of the course and upon the employee having achieved a grade of "Pass" or "C" or better. In order for the eligible employee to qualify for reimbursement, the employee must: a. Department Director or designee Approval — Prior to enrollment, the employee must receive the written approval of the department director or designee concerning the particular course. The decision of the department director shall be final. To be approved by the department director, the department director must find that the course is job-related after reviewing the request, which briefly describes why the employee believes the course to be job-related. b. Reimbursement Request — Provided that the Police Chief finds that the course is job-related and approves the employee's request, the employee shall submit a request for reimbursement to the City Manager or designee that includes a copy of the employee's course grade, the receipts for all course expenses, and a total amount requested for reimbursement. c. Citv Manager or designee Approval — The City Manager or designee shall approve the employee's request for reimbursement provided that the employee has prepared the request in compliance with this program. To insure that the City receives adequate benefit from the increased education of the educational expense reimbursement recipients, the following table of time worked after completion of course work shall apply to all recipients who terminate employment with the City of their own volition. Time between receiving reimbursement and termination of employment Up to 12 months Between 12 months and 18 months Over 18 months 3.3.5. Certificate Incentive Percentage of tuition reimbursement to be repaid to the City 100% 50% 0% The Certification Incentive Program for all employees of the Police Department offers monthly payment for POST Certification as follows: Effective January 1, 2007 the payment for POST Intermediate or Advance Certification to Police Officer, Police Corporal or Police Sergeant shall be: Intermediate Certificate 3.0% increase to monthly base salary Advanced Certificate 5.0% increase to monthly base salary Effective with the pay period start date of January 1, 2007 the payment for POST certificates for Communication Dispatcher, Dispatch Supervisor or Civilian Supervisor shall be: Public Safety Dispatcher Certificate 3.0% increase to base salary Records Supervisory Certificate 5.0% increase to base salary 3.3.6. Bilingual Pay Expert Fluencv Program. A ten percent (10%) pay incentive shall be paid to up to ten (10) designated bilingual employees (sworn or non -sworn). Full Fluencv Proqram. A five percent (5%) bilingual pay incentive shall be paid to up to ten (10) designated bilingual employees (sworn or non -sworn). Conversational Fluencv Program. Effective July 1, 2006, a two and one-half percent (2.5%) pay incentive shall be paid to up to thirty-five (35) designated bilingual employees (sworn and non -sworn). The City will pay, in advance, any authorized training or educational costs as needed, to maintain a complement of up to thirty-five conversational, employees up to amount equal to the cost of the One Twelve USA Program. Employees enrolled in such bilingual training are obligated to reimburse the City through payroll deductions over a period of three (3) years for one-half the cost of any such education after the completion of such course. The employee is obligated to reimburse the City for the full amount of such educational costs if he/she drops out of the education program or does not successfully pass the certification test. In the event an employee must reimburse the full amount, reimbursement shall be through payroll deductions over the course of three (3) years or in full upon separation. Within the limits established in the first three paragraphs of this section, to qualify for the Expert or Full or Conversational Programs, employees must be certified as proficient in a language deemed to be of work related value to the Police Department as determined by the Police Chief and approved by the City Manager by established standards. It is agreed that the City will meet and confer with the Association in order to establish standards for the Expert Fluency Program with the understanding that the standards will focus on external testing and/or certification satisfactory to the Police Chief. Full or conversational proficiency certification may be obtained by passing a standardized departmental test (to be developed by the department) or a Fluency Certification of Completion from One Twelve USA, or passing a departmental conversational test, or obtaining a conversational certification issued by an agency approved by the Police Chief. Fluency in more than one foreign language does not entitle an employee to more than one of the bilingual pay categories. Both parties agree to annual re -certification of proficiency to continue eligibility for the bilingual differential. Shift assignments and distribution of bilingual employees shall be at the discretion of the Police Chief. 3.3.7. Uniform Allowance Each of the following represented classification will receive a uniform allowance for each six (6) months of service ending June 30 and December 31 as follows: Effective January 1, 2001 Classification Semi - Annual Annual A. All sworn employees, Police Service Specialist $375.00 $750.00 B. All other represented employees $325.00 $650.00 C A pro -rated portion of the allowance may be given for the first and last six (6) months of service upon recommendation of the Police Chief. 3.3.8. Special Weapons and Tactics (SWAT) Team Effective January 1, 2007, Police Department personnel assigned to the Special Weapons and Tactics (SWAT) Team shall receive additional compensation amounting to two and one-half percent (2.5%) of their monthly base salary. Team members shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 3.3.3). The City will pay for the equipment for SWAT team members, provided members obtain prior approval of the Police Chief. 3.3.9. Hostage Negotiations Team (HNT) Effective January 1, 2007, Police Department personnel assigned to the Hostage Negotiations Team (HNT) Team shall receive additional compensation amounting to one percent (1%) of their monthly base salary. Team members shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 3.3.3). 3.3.10. Field Training Officer (FTO) a. The Police Department has established a program for selection of Field Training Officers. Effective January 1, 2007, Field Training Officers and the Field Training Program Supervisor shall receive additional compensation amounting to two and one-half percent (2.5%) of their monthly base salary while assigned to the Patrol Division and shall receive an additional two and one-half percent (2.5%) while engaged in training of new Police Officers and Police Service Specialist. Shift assignment will be at the discretion of the Police Chief and based upon the needs of the Department. All other sworn personnel assigned as Field Training Officers will be paid five percent (5%) above their monthly base salary while engaged in training of new Police Officers and Police Service Specialists. b. Effective January 1, 2007, Non -sworn personnel may be formally assigned, in writing, to train employees in their new job classifications. For actual hours spent training this new employee, during the specified training period, the assigned trainer will be paid five percent (5%) above their monthly base salary. 3.3.11. Motor Officer Pay Police Department personnel assigned to the following duty shall receive additional compensation amounting to five percent (5%) of their base monthly salary: Operation of a solo -motorcycle for more than 50% of his/her work month. 3.3.12. Mental Health Officer Pay The Police Department has established a Mental Health Officer Program. Current Police Department personnel, licensed as a clinical psychologist assigned to this duty shall receive additional compensation amounting to fifteen (15%) of their base monthly salary. Effective July 1, 2007, future Police Department personnel assigned to this duty shall receive additional compensation amounting to ten (10%) of their monthly base salary, upon entering their post -Masters level of education. 3.3.13. Field Evidence Technician (FET) The Police Department has established a program for selection of Field Evidence Technicians (FET) or Crime Scene Investigators (CSI). Effective January 1, 2007, Tier 1 -Field Evidence Technicians or Crime Scene Investigators on the Department's call -out list and the FET/CSI Supervisor shall receive additional compensation amounting to one percent (1%) above their base monthly salary. All Field Evidence Technicians shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 3.3.3). 3.3.14. Self -Defense and Tactics (SDAT) & Firearms Instructor Pay The Police Department has established a program for selection of Self -Defense and Tactics (SDAT) & Firearms Instructors. Effective January 1, 2007, Self Defense and Tactics (SDAT) or Firearms Instructors shall receive additional compensation amounting to two and one-half percent (2.5%) above their monthly base salary. Anyone that is a Self -Defense and Tactics (SDAT) Instructor and also a Firearms Instructor will be eligible for only a total of two and one-half percent (2.5%) and not a compounded five percent (5%). 3.3.15. Detective Pay Effective January 1, 2007, sworn personnel assigned to the Support Services Divisions Investigations Unit shall receive additional compensation amounting to five percent (5%) above their monthly base salary. Unit members shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 3.3.3). 3.4. REVENUE SHARING 3.4.1. Conditions for Revenue Sharing Employees in the bargaining unit positions defined in this MOU shall receive Revenue Sharing Increases, effective January 1 of each year of the contract, in addition to the Contract Compensation Increase, if the following conditions are met: a. If the CPI increase, as defined in Section 3.1.3, is greater than the Contract Compensation Increase and, b. If General Tax Revenues have resulted in revenues being available for distribution, based upon the formulas defined in Section 3.4.2 , and, c. The "net change in General Fund Balance", as defined in Section 3.4.2, as presented in the previous year's annual audit, is positive. d. The city's General Fund reserve contains at least 10% of the General Fund budgeted expenditures. If all of the above four conditions are met, then a Revenue Sharing salary increase shall be paid prospectively, in accordance with the schedule below, to bring the combination of the Contract Compensation Increase and the Revenue Sharing Increase up to the level of the CPI, however, in no event shall the Combined Contract Compensation Increase and Revenue Sharing Increase exceed 5% for the fiscal year under review. 3.4.2. Revenue Definitions & Revenue Sharing Calculations Net Change in General Fund Balance is a figure which describes whether the City achieved a positive change in the General Fund for the preceding fiscal year. It is determined by the City's audited financial statements and presented as "net change in fund balance" in the City's published statements. General Tax Revenues shall be defined to include the following taxes: Sales Tax, Property Tax (Secured, Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax, Hotel Occupancy Tax, Business License Tax and Franchise Fees. No other revenue sources of the City will be included in this definition. If General Tax Revenues of the City for each fiscal year of this contract exceed General Tax Revenues of the City for the prior fiscal year as adjusted by 75% of the total compensation increases provided for the fiscal year (for purposes of this calculation, the total compensation figure shall be the same for all bargaining units in the City: 3.0% in FY 2006-2007, 3.5% in FY 2007-2008, and 4.0% in FY 2008-2009), then the members of the bargaining unit shall be entitled to apply 27.0% of one-half (1/2) of the excess of fiscal year General Tax Revenues over prior fiscal year General Tax Revenues adjusted for 75% of the total compensation increases (as listed above in this section) provided to members in the fiscal year, for a Revenue Sharing Salary increase. 3.4.3. Schedule a. September 7th- General Tax Revenues. The City shall make known to the Association if General Tax Revenues have grown from the prior fiscal year on September 7th of each year of 10 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 Association 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. November 30th - CPI. The City shall identify the CPI for the fiscal year ending October of each year and make the figure known to the Police Association by November 30th. d. January 1St — Base Monthly Pay Increases. January 1st pay period start date (for paycheck date of January 31 s) for Revenue Sharing Salary increases. 4 BENEFITS 4.1 EMPLOYEE BENEFITS COMMITTEE Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of benefit programs, cost containment and cost savings options. The Committee shall be made up of representatives of the SEIU, SEIU-Childcare, Western Council of Engineers, Local 1 — Confidential, Police Association, Police Mid -Management, Fire Association, Fire Chief Officers Association, Management, and Mid -Management employees. The Employee Benefits Committee may make recommendations for changes to existing benefits. However, changes to benefits identified in this agreement shall only occur after the City and Association have mutually agreed to meet and confer on such changes and have completed the meet and confer process, including impasse resolution. There shall be no change to any benefits that are subject to the meet and confer process provided in this Memorandum of Understanding absent the specific, written agreement of the Association and completion of the meet and confer process. 4.2 HEALTH & WELFARE 4.2.1 City Contribution Through December 31, 2009, a maximum amount per month will be paid by the City toward the cost of each eligible active or retired employee's health insurance premium, in accordance with the chart below. Active employees shall have an additional maximum amount per month in a flexible benefits spending account which they may apply towards the cost of health accident and life insurance and long-term disability insurance (City or PORAC Plan), in accordance with the chart below. It is understood that the flexible benefits spending account does not apply to retired employees. Part time employees who are eligible for these benefits shall receive an equivalent prorated share of the City's contribution. Enrollment changes for qualifying events (such as births and marriages) will become effective the 1st of the month following timely submission of the required enrollment form and must be in accordance with the benefit administrator's policies. Retroactivity shall only apply when mandated by the benefit administrator's policies. Paycheck Effective Date City Contribution to Flexible Benefits Total Health Insurance Spending Account Dec. 15, 2008 - employee only $386.00 $136.00 $522.00 Dec. 15, 2008 - employee + 1 $386.00 $658.00 $1,044.00 Dec. 15, 2008 - family $386.00 $971.00 $1,357.00 The Association and City agree to meet and confer during the term of this contract regarding a new tier for retiree medical benefits for new employees. 4.2.2 Full Flex Cafeteria Plan Effective January 1, 2010, the City shall implement a full flex cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City's full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan. The monthly flex dollar allowance effective January 1, 2010 shall be: For employee only: $ 522.00 For employee and one dependent: $ 1,044.00 For employee and two or more dependents: $ 1,357.00 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 not to exceed $100,000, 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 $522.00; of that amount, $105.00 has been designated by CalPERS as the City's monthly PEMHCA contribution. The balance of $417.00 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 $150 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. 4.2.3 Retirees Health Insurance Employees represented by the Association who retire from the Marin County Employees' Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City's retiree group health insurance program offered through PEMHCA. The City's contribution towards retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. A. 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 $386 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, 4.2.3b, 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. W 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 Health and Dependent Care Spending Accounts City will offer as part of its Section 125 Plan for as long as such a plan is desired by the Association and available pursuant to the IRS Code a Health and Dependent Care Spending Accounts. The Flexible Spending Accounts offered by the City include: a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS Code effective January 1, 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 Section 4.2.4. a. and/or b. 4.3 PERS HEALTH INSURANCE BENEFITS Upon reasonable advance notice to the Association, the City shall have the option of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits for active or retired employees from those benefits available under the PERS program; and provided further such contracting shall not cause a material increase in premiums for either the City or the employees. There shall be no requirement for the City to meet and confer upon the City's exercising the option described above in accordance with the provisions of this paragraph. 4.4 DENTAL PLAN The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care, $25 deductible on corrective coverage (80/20) per eligible patient per calendar year, 80/20 cost sharing for cast, crowns and restorations, and orthodontic coverage (50/50) within the limits prescribed in the Group Plan document. The City shall continue the current or comparable program and shall pay any increased premium rate increases from date of the increase for the term of this MOU The maximum benefit amount is $1,500 per person per Calendar Year. 4.5 VISION PLAN The City will contract for a vision plan and provide a flex dollar allowance for the purchase of vision benefits. The flex dollar allowance for vision benefits shall be in addition to the flex allowance stated above. The allowance for vision benefits shall not to exceed $10.55/mo. per employee. Employees will be eligible to enroll qualified family members and will pay the premium costs for such enrollment. 4.6 LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT Effective January 1, 2010, the City shall be responsible for paying premiums for a life insurance and Accidental Death and Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a $5,000 life insurance and a $5,000 AD&D benefit. 13 4.7 LONG TERM DISABILITY POLICY Effective January 1, 2010, 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 through the City's CIGNA coverage. If employee selects PORAC in lieu of CIGNA, the employee may access the flex dollar allowances show in 4.2.2 to fund the PORAC plan. 4.8 RETIREMENT CONTRIBUTION 4.8.1 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. The City of San Rafael acknowledges that under its current practice, the employee's share of their retirement contribution is deducted with pretax dollars. This practice will continue until changed through the Meet and Confer process or until IRS regulations change. 4.8.2 Retirement Plans The City shall provide the Marin County Employee Retirement Association 3% at 55 -retirement program to all safety members, as defined under the 1937 Act Government Code Section 31664, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. 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. 4.8.3 Member Cost of Living Rates Bargaining unit members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of member's cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act). 4.8.4 Pension Costs Within the time period covered by this MOU, representatives of the City and the San Rafael Police Association will continue to meet on the subject of reducing pension cost. There shall be no change to the current benefit formula for current employees absent the specific agreement of the Association. 5 LEAVES 5.1 SICK LEAVE 5.1.1 Eligibility Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be considered a privilege, which an employee may use at the employee's discretion, but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Police Chief according to department Rules and Regulations at the beginning of his/her daily duties. Every employee who is absent from his/her duties for two (2) consecutive work days shall file with the Human Resources Director should he/she so request, a physician's certificate or the employee's personal affidavit stating the cause of the illness of disability. The inability or refusal by said employee to furnish the requested information, as herein required, shall constitute good and sufficient cause for disciplinary action, including dismissal. 14 5.1.2 Sick Leave Accrual All eligible full time employees shall earn sick leave credits at the rate of eight (8) hours per month commencing with the date of employment (accrual pro -rated for P/T employees). Unused sick leave may be accumulated with no limit. A cap of twelve hundred (1200) hours shall be in effect for sick leave separation payoff purposes only. 5.1.3 Use of Sick Leave An employee eligible for sick leave with pay will be granted such leave with the approval of the Police Chief for the following purposes: 1. Personal illnesses or illness within the immediate family (immediate family is defined as employee's spouse, dependent children and/or employee's parents), or physical incapacity resulting from causes beyond the employee's control; or, 2. Enforced quarantine of the employee in accordance with community health regulations. 3. Medical appointments that cannot be scheduled during non -working hours shall be charged to sick leave, unless the employee is a sworn police officer. 5.1.4 Advance of Sick Leave Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who has been granted sick leave that is un -accrued at the time of such separation shall reimburse the City of all salary paid in connection with such un -accrued leave. 5.1.5 Service Credit for Sick Leave Employees who are eligible to accrue sick leave and who retire from the City of San Rafael's Marin County Employee's Retirement System, on or after January 1, 2003, and within 120 days of leaving City employment (excludes deferred retirement), shall receive employment service credit, for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours said employee is eligible to receive and elects to receive in compensation at the time of retirement). Note: Refer to Section 5.1.2, Sick Leave Accrual, for sick leave cap limitation for payoff purposes. 5.1.6 Compensation for Unused Portion Upon separation from employment, by resignation, retirement or death, an employee who leaves the City in good standing shall receive compensation for all accrued, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%). 5.2 VACATION LEAVE 5.2.1 Eligibility Annual vacation with pay shall be granted each eligible employee. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the Police Chief. 5.2.2 Rate of Accrual Vacation benefits shall accrue during the probationary period. Each regular full time employee (part time regular are prorated) shall commence to accrue vacation at the following rate for continuous service: • The first three (3) years of continuous employment shall earn ten (10) working days of vacation per year. Such entitlement shall accrue at the rate of five -sixths (5/6) days per month. • From the beginning of the fourth (4th) year of service through the end of the tenth (10th) year of service, fifteen (15) working days of vacation per year. Such entitlement shall accrue at the rate of one and one fourth (1-1/4) days per month. 1k • From the beginning of the eleventh (11th) year of service through the fifteenth (15th) year, twenty (20) working days of vacation per year. Such entitlement shall accrue at the rate of one and two- thirds (1-2/3) day per month. • From the beginning of the sixteenth (16th) year of service and beyond, twenty-five (25) working days of vacation per year. Such entitlement shall accrue at the rate of two and one -twelfth 2-1/12) days per month. Vacation Accrual chart: YEARS OF SERVICE 1 - 3 years 4 - 10 years 11 - 15 years 16 + years ACCRUAL PER YEAR 10 days or 80 hours 15 days or 120 hours 20 days or 160 hours 25 days or 200 hours ACCRUAL PER MONTH .83 days or 6.66 hours 1.25 days or 10 hours 1.67 days or 13.36 hours 2.08 days or 16.68 hours When an employee is on an approved leave without pay, vacation accrual is prorated based upon paid hours in the pay period. 5.2.3 Administration of Vacation Leave The City Manager, upon the recommendation of the Police Chief, may advance un -accrued vacation to any permanent regular and part time employee. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time shall be determined by the employee's Police Chief with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee. In the event that one or more City holidays falls within an annual vacation leave, such holidays shall not be charged as vacation leave, unless the employee is on a schedule to be paid for designated holidays in lieu of days off. Upon termination, an employee shall be compensated vacation accrued but not taken, up to the maximum successfully six months of continuous employment. 5.2.4 Vacation Sign-up in cash at his/her current rate of pay for any accrual cap, provided that the employee has Vacation sign-ups shall occur every six months. The vacation sign-up procedure is established by department policy. 5.2.5 Vacation Cap No employee may accrue more than 250 hours of vacation leave. Vacation accruals will resume once the employee's accumulated vacation balance falls below the allowable cap limit. Employees may, for special situations, i.e., extended medical leave, request an increase in their cap. Each request would need to be in writing, submitted through the department, and receive the approval of the Police Chief and the City Manager. Such requests would be reviewed on a case-by-case basis and would be evaluated based on the reason for the request. This additional vacation accrual could not exceed one-half of the employee's regular annual vacation accrual. In no case would the addition over the cap be extended beyond one additional year from date of approval. 5.2.6 Vacation Cash -In Vacation Conversion: An employee is eligible to request a conversion of vacation time to a cash payment in May or November in any fiscal year in accordance with the following: IT An employee who has taken at least ten (10) days of vacation in the preceding twelve (12) months and has accrued vacation during that time may request up to seven (7) days of vacation conversion. Such requests may be granted at the discretion of the City Manager. If the request is granted, May requests will be paid in the last pay period in June and November requests will be paid in the last pay period in December. Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period. 5.3 HOLIDAYS The following thirteen (13) holidays will be observed: New Year's Day Labor Day Martin Luther King Day Admission Day Washington's Birthday Veteran's Day Lincoln's Birthday Thanksgiving Day Cesar Chavez Day Day after Thanksgiving Memorial Day Christmas Day Independence Day All represented employees in the Police Department shall receive straight time compensation for every holiday worked or which falls on a regularly scheduled day off in each given year, which all other employees receive as time off. Said compensation shall be paid twice each year on the first pay period of December and the first pay period of June. 5.4 OTHER LEAVE 5.4.1 Bereavement Leave In the event of the death of an employee's spouse, registered domestic partner, child, parent, brother, sister, in-laws, grandparent, grandchild or relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to three (3) days of accrued sick leave within the State and up to five (5) days of accrued sick leave out-of-state may be granted for bereavement leave. In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Police Chief as part of the request for bereavement leave. 5.4.2 Jury Duty Employees required to report to jury duty shell be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee provides advance notice to the Police Chief and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty. 5.4.3 Military Leave Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the Police Chief an opportunity, within the limits of military regulations, to determine when such leave shall be taken. 5.4.4 Leave of Absence Without Pay Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Applicable accrued leave must be exhausted prior to the granting of leave without pay. Ili 5.4.5 Industrial Injury Leave For benefits under Workers Compensation, an employee should report any on the job injury to his/her supervisor as soon as possible, preferably within twenty-four (24) hours. The Human Resources' office coordinates benefits for Worker's Compensation claims. For further information, see the City's Workers' Compensation policy located on the Intranet (https:Hintranet. cityofsanrafael. org). Employees of the City who have suffered any disability arising out of, and in the course of their employment as defined by the Worker's Compensation Insurance and Safety Act of the State of California are entitled to all benefits allowed them by the Workers' Compensation Insurance and Safety Act of the State of California. NON -SAFETY EMPLOYEES Temporary disability payments (TD) are made to all employees (full and part-time) when a physician reports an employee is unable to perform their job duties due to an industrial injury and the City cannot accommodate the restrictions mandated by their physician. TD is set by State law and is approximately two-thirds of full salary with state -mandated minimums and maximums. For full-time, regular employees, however, the City augments disability payments to bring them to full salary for the first three (3) calendar months and to % pay for the next 6 months. Compensation leave payments shall not exceed the employee's regular full pay for the first three (3) calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months. All other employees shall be entitled to such compensation as may be allowed them by the Worker's Compensation Insurance and Safety Act of the State of California. SAFETY EMPLOYEES Compensation leave payments are governed by Labor Code Section 4850. Labor Code Section 4850 provides that employees who sustain an industrial injury which precludes them from working are eligible to receive full salary for a period of up to one year during the period of such disability. Sick Leave Usage Post Industrial Injurylillness The following rule applies to both Safety and Non -Safety personnel who have suffered an industrial injury/illness: Available accrued sick leave cannot be used for more than 60 calendar days after one of the following has been determined: • The employee has reached maximum medical improvement and/or has been determined "permanent and stationary." • The employee has been determined to be unable to return to their usual and customary occupation, with or without reasonable accommodation. Given the above has occurred, next steps would include: • The interactive process; attempt to locate other appropriate employment within the City • If none available proceed with termination process, including disability retirement application and/or Skelly process, if appropriate. 5.4.6 Medical Leave of Absence Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the Police Chief for approval and reviewed by the Human Resources Director for consistency with the law prior to approval. Employees approved for this type of leave must use appropriate accrued and unused vacation leave and/or compensatory time before going on leave without pay status. Accrued and unused sick leave may be used if requested. Sick leave usage is to be consistent with the sick leave provisions of the MOU; to be eligible for this family leave benefit, an employee must have 18 worked for the City of San Rafael for at least 12 months and have worked a minimum of 1250 hours in the previous 12 month period. For details, please see the City's FMLA policy located on the Intranet. 5.4.7 Absence without Authorized Leave An unauthorized absence of an employee for three consecutive workdays shall constitute grounds for termination. 5.4.8 Catastrophic Leave All employees of the Police Department should refer to City -Wide Catastrophic Leave Policy located on the City's Intranet(https:Hintranet.cityofsanrafael.org). 6 TERMS & CONDITIONS OF EMPLOYMENT 6.1 HOURS OF WORK For the Police Department the established workweek shall be 0001 Sunday through 2400 hours Saturday. An employee's normal total number of work hours per year shall be 2080 hours. 6.1.1 Alternate Work Weeks Both parties agree that at the discretion of the Police Chief, alternative work schedules which include a total of 2080 annual working hours, if mutually agreed to, may be implemented for designated periods of time for all represented employees for the lifetime of this MOU; any new alternative work schedule established during the term of this MOU shall initially be established on a six-month trial basis. During the trial period if there is a significant increase in overtime costs attributable to the trial plan, or significant increases in sick leave usage or workers compensation claims the department may opt to stop the trial work schedule. For illustration and definition purposes the following chart is prepared: Schedule Definition 4-10 Four (4) consecutive ten (10) hour days with three (3) consecutive days off. 5-8 Five (5) consecutive eight (8) hour days with two (2) consecutive days off. 3-12 The standard work period will consist of 156 hours of work in a 28 day period, broken into thirteen (13) twelve (12) hour days. The standard work cycle consists of working alternately, three (3) consecutive days in a seven day period, then four (4) consecutive days in a seven day period. Each member will be given an extra twelve (12) hour day off during each 28 day period to ensure that no more than thirteen days are worked. This extra day off may be different for each employee on a given team to ensure adequate daily staffing. This extra day off will coincide with the employees regular days off. As a result of working 156 hours in each 28 day period instead of the standard 160 hours, each member will owe the City 4 hours. The City and the Police Association agree to allow each member to bank these 4 hours for three 28 day periods, for a total of twelve (12) hours. Each member would be required to pay back these hours by working a scheduled day off selected by the Department. The scheduled pay back would be for training or other assignments as required by the Department. The following Alternative work schedules are currently being used: PATROL: Sergeants supervising patrol shifts shall work a 3-12 plan. The shifts listed are basic shifts that must be filled in order to meet the minimum staffing levels. If an officer filling one of those shifts is absent for a period of a week or longer, another officer may be required to change shifts to fill the vacancy in accordance with the existing provisions of the MOU regarding changes of assignments. E The rosters anticipate a minimum of twenty-seven officers being assigned to patrol in a duty status in the indicated shifts. In the event twenty-seven officers are not available, the department may opt to return to five eight-hour shifts per week for all patrol officers. It is the department's intent to match staffing levels with calls for service. If calls for service change, the department may alter the hours of shifts to meet the change. DETECTIVES: A 4-10 or 5-8 plan for all detectives with the approval of the Bureau Commander. FRONT OFFICE: A system combining 5-8/4-10 for all front office Records Clerks. COMMUNICATIONS DISPATCHERS: 1. Alternate Work Schedules for Communications Dispatchers include a 4-10 plan or a 3-12 plan. Depending on department needs, some dispatchers may be assigned to work a 4-10 schedule and some may be assigned to work a 3-12 schedule. 2. Under the 3-12 plan, Dispatchers will be required to work the following three-week schedule: Week 1 - three (3) 12 -hour days; Week 2 - three (3) 12 -hour days; and Week 3 - four (4) 12 - hour days. The fourth 12 -hour day in Week 3 is to be determined by the Division Captain and Dispatch Supervisor as part of the rotation schedule. 3. Overtime shall be earned in accordance with the FLSA, meaning that: a) only actual work hours are counted toward overtime; b) only actual work over 40 hours in the City's workweek are paid pursuant to FLSA requirements; and c) all actual work over 40 hours in the City's workweek will be paid at a rate of 1.5 times the individual employee's normal hourly rate. 4. Non-FLSA overtime will also be earned if a Dispatcher on a 3-12 schedule works over his or her scheduled work day or work week (e.g. more than 12 hours on a single day or more than 36 hours in a work week where the employee was scheduled to work three (3) 12 -hour shifts, or more than 48 hours in the work week in which the Dispatcher is scheduled to work four (4) 12 -hour shifts). The City will use the premium portion of any non-FLSA overtime premium pay due in any specific workweek to offset any FLSA overtime premium due in the same work week. The 3-12 Alternate Work Schedule will not have any impact on holiday pay, sick, and vacation accrual rates. However, any holiday, sick, and vacation days off will be deducted for the number of hours scheduled to work, i.e. a sick day under the 3-12 plan will result in the deduction of twelve (12) hours of sick time. 6.1.2 Shift Rotation Both parties agree that at the discretion of the Police Chief, the starting dates for the rotation, if mutually agreed to, may be changed for a designated rotation for all represented employees for the life of this MOU. For members of the Patrol Bureau and Information Services Bureau, the spring rotation shall begin on the Sunday nearest the 15th of March and the fall rotation shall begin on the Sunday nearest the 15th of September. If the members of the Patrol Bureau or Information Services Bureau are working a 3-12 schedule, which operates on three week cycles, then the Spring rotation shall begin on the Sunday nearest to the 15`h of March following a completed three week cycle and the Fall rotation shall begin on the Sunday nearest to the 15th of September following a completed three week cycle. Sergeants assigned to Patrol may select their shift by seniority, within rank. This paragraph shall not apply to probationary Sergeants. Probationary Sergeants shall be assigned at the discretion of the Division Captain, and any remaining open Sergeant slots shall be filled by seniority, within rank. 20 Corporals assigned to Patrol may select their shift by seniority, within rank. This paragraph shall not apply to probationary Corporals. Probationary Corporals shall be assigned at the discretion of the Division Captain, and any remaining open Corporal slots shall be filled by seniority, within rank. Officers assigned to Patrol and not on probation may select their shift by seniority, within rank. This paragraph shall not apply to probationary Officers. Probationary Officers shall be assigned at the discretion of the Division Captain, and any remaining open Officer slots shall be filled by seniority, within rank. 6.1.3 Patrol Briefing Patrol briefing periods will be conducted within Patrol employees designated shifts. 6.1.4 Employee Break and Meal Periods Employee break and meal periods are as follows: Uniformed Patrol emalovees: One 15 minute break in first half of shift and one 45 minute meal period as scheduled and approved by the designated supervisor. All other emDlovees: One 15 minute break to be taken in the first half of the shift, one fifteen minute break to be taken in the second half of the shift, and one 30 minute meal period as scheduled and approved by the designated supervisor. Combination of meal and break period must have prior supervisory approval. No changes will be made in break and meal periods that would alter an employee's regularly scheduled working time without the advance approval from the employee's supervisor. Break and meal periods are paid time and, as such, departmental needs will take priority. In the event that work demands preclude an employee from taking his or her break, and/or meal period, the employee will not be eligible for overtime compensation. 6.2 OVERTIME 6.2.1 Overtime All represented employees who are required to work in excess of their basic work day shall on forms provided by the Police Department designate whether they want the time accrued as compensatory time (C.T.) or paid as overtime at the rate of time and one-half. After initial selection (O/T pay vs. C.T.) if an employee wants to convert compensatory time to cash, or visa versa, the employee must submit a written request to the Police Chief and approval shall be at the discretion of the Police Chief. A calendar year compensatory time accrual cap is established at 120 hours. Employees who have a compensatory time balance in excess of this new cap (120 hours) will receive pay in lieu of continued carrying of these hours from the City on the next available payroll. At the end of each calendar year, any unused accrued time may be carried over to the next calendar year and said balance would affect the employees' ability to accrue additional compensatory time. Before any Sergeant will be allowed to work an overtime shift replacing a beat officer, the overtime opportunity shall be posted for forty-eight (48) hours to allow officers to sign up. Only if officers fail to sign up, or the need to replace a beat officer arises with less than forty-eight (48) hours notice, will sergeants be given the opportunity to work overtime in place of an officer/corporal. This restriction shall not apply to special events or foot beat duty. Both parties agree that any changes in the overtime provisions of this MOU are subject to the meet and confer process. All entry-level probationary employees shall not be allowed to accrue and bank any compensatory time until they have successfully completed their training program. Any overtime worked during their training program shall be paid at time and a half. This section does not apply to any employee that is 21 promoted within the police department, and due to that promotion, is required to complete a training program. Promoted employees may elect to accrue and bank compensatory time or have such time paid at time and a half. 6.2.2 Requests for Compensatory Time Off In the event that the granting of a request for compensatory time off creates one or more vacancies which bring the shift below the minimum staffing level or which otherwise needs to be filled, then the current practice will be utilized as follows: The supervisor will post the vacant slot(s) to be voluntarily back-filled with overtime. If one or more vacancies still exist then the supervisor will 1) assign personnel from the previous shift to hold over at the overtime rate, and/or 2) assign personnel from the following shift to report early at the overtime rate, and/or, in civilian work units, 3) assign personnel to work on their day(s) off. All employees shall be granted compensatory time off when submitted at least 72 hours in advance of the requested time off. If an employee makes a request for compensatory time off with less than 72 hours advance notice and this request does not bring the shift below one above minimum staffing, then the employee shall be granted the time off. If the granting of the request would bring the shift to minimum staffing then the granting of the request would be at the discretion of the Police Chief or his designee. 6.3 SHIFT CHANGES Changes in the days or hours of the regular work schedule of an employee shall entitle such employee to be additionally compensated at one-half (1/2) their hourly pay rate for each hour worked outside their regular schedule unless the City has given the employee a minimum of seven (7) full days (or 168 hours) advance notice of such a change. No advance notice to employees by the City of shift change shall be required and no additional compensation shall be paid when shift changes occur as a result of work related emergencies, i.e., multiple sicknesses, disabilities or injuries; an unplanned for vacancy or shortage occurring less than seven days in advance of the shift change if the employee is given a minimum of twelve hours advance notice or at the specific request of an employee. If a shift change is due to work related illness or accident, it shall be considered an emergency and no overtime will be paid. Vacancies of less than one workweek will be filled by overtime rather than shift changes. This section shall not apply to personnel shortages arising from mutual aid requests, states of emergency declared by the Mayor, Board of Supervisors, Governor or the President or unplanned for critical incidents or situations of more than twenty-four hours duration. 6.4 PROBATIONARY PERIOD 6.4.1 Purpose of Probation After passing an examination and accepting appointment, each employee shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position. 6.4.2 Length of Probationary Period The probationary period on original and promotional appointments shall be eighteen (18) months. 6.4.3 Rejection During Probation During the probationary period, an employee may be rejected at any time by the Appointing Authority without the right of appeal; except as otherwise provided for by the Public Safety Officers Bill of Rights Act, Government Code 3300, et.seq. for sworn officers, and as provided for in applicable existing case law concerning appeal rights/remedies of probationary employees. 22 6.4.4 Extension of Probationary Period The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 6.4.5 Notification of Rejection or Extension Upon determining that a probationary employee's work is not satisfactory, the Police Chief shall notify the Human Resources Director in writing of his/her intention to terminate the employee. After discussion with the Human Resources Director, the Police Chief shall notify the employee in writing of the extension or rejection. 6.4.6 Regular Status Regular status shall commence with the day following the expiration date of the probationary period. 6.4.7 Promotion of Probationary Employee An employee serving a probationary period may be promoted to a higher position classification provided the employee is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date. 6.4.8 Unsuccessful Passage of Promotional Probation An employee who does not successfully pass the promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion. Provided, however, that if the cause for not passing the promotional probationary period was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. 6.5 PERSONNEL RULES & REGULATIONS Both parties agree to the Personnel Rules and Regulations revised in 1994. In the event that conditions appear in both the Rules and Regulations and the MOU, the MOU prevails. 6.5.1 Employer -Employee Resolution The City and the Association agree to abide by the City of San Rafael's Employer -Employee Relations Resolution. 6.5.2 Drug and Alcohol Policy The City and Association jointly recognize alcoholism and drug abuse as illnesses, which may be treatable. The parties are concerned regarding alcoholism and drug problems which cause poor attendance and unsatisfactory employment related performance and/or which may pose a danger to employees or the public. Therefore, the City and Association endorse the concept of a drug free work place. Possession, sale, use, or being under the influence of drugs or alcohol while on the job is strictly prohibited. Employees violating this policy are subject to discipline, up to and including termination. When reasonable cause (relates to readiness and/or ability to perform job responsibilities) exists, the City may require employees to submit to a medical examination, including but not limited to a urine or blood analysis, to determine whether the employee is using drugs or alcohol. Said testing shall occur on City time and be paid for by the City. An employee's failure to submit to a medical examination will be considered an act of insubordination, and therefore, subject to disciplinary action. Depending on the circumstances causing the order for medical examination, employees testing positive may be subject to discipline, up to and including termination. Upon being informed that the employee tested positive, the employee may request a meeting with the Human Resources Director 23 and the Police Chief to review the test results and provide the employee's explanation for such results. Employees are encouraged to voluntarily participate in the City sponsored employee assistance program (EAP). However, EAP participation may be a City -mandated alternative to disciplinary action arising out of a violation of the City's drug and alcohol policy. As a course of participating in the EAP on a mandated basis, an employee may be required to enter into a "return to work agreement," with the City. Said agreement shall stipulate ongoing freedom from drug and/or alcohol use as a condition of continued employment. Employees who seek voluntary assistance for alcohol and/or substance will not be disciplined for seeking such assistance. Requests from employees to the Police Chief for such assistance shall remain confidential and shall not be revealed to other employees or management personnel, who do not have a need to know, without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. An employee who is disciplined/discharged for inappropriate alcohol and/or drug use may appeal such action pursuant to Section 7.3.2 of the Memorandum of Understanding. 6.5.3 Outside Employment Policy All employees of the Police Department should refer to City wide policy located on the City's Intranet (https:Hintranet.citvofsanrafael.orq) for policies and procedures related to outside employment. 6.5.4 Medical Standards Attachments to the City of San Rafael's official job class specifications have been developed by Rehab 90 to describe the activity and frequency of the activities performed by the employee in the course and scope of their job classification. These descriptions are available for review by the employee's treating physician to assist the physician in determining whether the employee is able to return to his/her job after an absence due to an injury or illness. 6.5.5 Temporary Light Duty Policy Statement The purpose of this temporary light duty program is to minimize the losses of productive time, while at the same time reintroducing the employee to work sooner to prevent deterioration of skills, facilitate recovery and reduce income loss. Light duty assignments will be structured so that employees are not placed in a duty status that would aggravate or reincur an injury or illness. Light duty assignments are to be limited to temporary periods and are not to be used to create a permanent light duty assignment. 1. Coverage Any employee who suffers a temporary and partial disability due to an industrial or non -industrial injury or illness will be covered by this light duty program. 2. Determination/Required Resorts a. Light Duty assignments may be made following evaluation and determination by the Police Chief. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determination will also be based on the needs of the City and the impact of light duty departmental operations. b. After the initial report, updated medical reports shall be submitted to the Police Chief at two- week intervals, or at other agreed upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non -industrial injuries or illnesses regardless of whether or not a light duty assignment has been made. c. Reports will be evaluated by the Police Chief for purposes of continuing or terminating a current light duty assignment or to determine when to commence a light duty assignment. 24 3. Liaht Dutv Assianments - Definitions/Restrictions a. Light duty assignments may consist of reduced work hours, limited work or any combination thereof. b. Light duty assignments will not adversely affect the employee's normal wage rate or retirement benefits. c. Light duty assignments will be within the employee's assigned department and will involve work which is consistent with the duties of the employee's classification. d. When feasible, light duty assignments will be during the employee's normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee will be assigned light duty during normal office hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. e. Specific light duty assignments will be developed based upon a case-by-case review of the medical restrictions, so as not to aggravate or reincur an injury or illness. f. Employees will not be placed in light duty assignments that in the normal course of events will require that they provide direct field emergency response. 4. Holidays/Vacations a. Holidays shall be observed in accordance with the light duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take the holiday off, so shall the light duty employee. If the employee is assigned to work hours on a work holiday, so shall the light duty employee. Compensation for holidays shall be in accordance with applicable Memorandum of Understanding or the Personnel Rules and Regulations. b. Employees assigned to light duty shall take their assigned (selected) vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been enjoyed by the employee if they had remained on full duty. Employees may reschedule their assigned (selected) vacation with the approval of the Police Chief, provided the rescheduling does not result in increased costs or lost time to the City for relief personnel to cover the rescheduled vacation. 5. Return to Full Dutv Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of his or her classification. 6.5.6 Reinstatement Reinstatement after resignation shall be considered as new employment. Reinstatement may only be made upon request to the Police Chief if the individual has: 1. Left City service within the prior twenty-four (24) months. and 2. Left City service in good standing. Good standing shall be defined for the purposes of reinstatement as: 'The employee having provided in writing to the Department two weeks notice of their resignation". 6.6 MISCELLANEOUS 6.6.1 Gratuities /Solicitation of Contributions All employees of the Police Department should refer to Departmental General Orders for the policy and procedures related to gratuities/solicitation of contributions. 25 6.6.2 Return of City Equipment Upon termination of employment, all City property assigned to an employee shall be returned to the employee's supervisor. 6.6.3 Political Activity The political activity of City employees shall comply with pertinent provisions of State and Federal Law. 6.6.4 Employment of Relatives The City retains the right: 1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security or morale. 2. To refuse to place both parties to a relationship in the same Bureau or shift where such has the potential for creating adverse impact on supervision, safety, security, or morale or involves potential conflicts of interest. 6.6.5 Labor/ Management Advisory Meetings During the term of the Agreement, the City and the Association agree that consultation meetings may contribute to improved employer-employee relations. The committee shall be comprised of three (3) representatives from the San Rafael Police Association and three (3) from City Management. The parties agree that committee members may change depending on the subject matter. Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting. 7 PROCEDURES 7.1 DEMOTION & SUSPENSION 7. 1.1 Demotion The Police Chief or designee may demote an employee when the following occurs: A. The employee fails to perform his/her required duties; B. The need for a position which an employee fills no longer exists; C. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. When the action is initiated by the Police Chief, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy filed with the Human Resources Director. Withholding a salary step increase or withdrawing a merit step increase within or above the salary range of the employee's position shall not be deemed a demotion. Disciplinary demotion action shall be in accordance with Article 7.3, "Disciplinary Action." 7.1.2 Suspension The Police Chief or designee may suspend an employee from a position at any time for disciplinary purpose. Intended suspension action shall be reported immediately to the Human Resources Director, and shall be taken in accordance with Article 7.3, "Disciplinary Action." 26 7.2 TERMINATION OF EMPLOYMENT 7.2.1 Resignation An employee wishing to leave the City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Police Chief and Human Resources Department. 7.2.2 Termination - Layoff The Appointing Authority may terminate an employee because of changes in duties or organization, or abolition of position, or shortage of work or funds, or completion of work for which employment was made. 7.2.3 Termination - Disciplinary Action An employee may be terminated at any time for disciplinary action, as provided in Article 7.3, "Disciplinary Action." 7.2.4 Retirement Retirement from the City services shall, except as otherwise provided, be subject to the terms and conditions of the City's contract as amended from time to time, with the Marin County Retirement System. 7.2.5 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 Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, suspension resulting in loss of pay, transfer for purposes of punishment, and written reprimand. The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging in strikes, individual or group slowdowns or work stoppages, or refusal to accept overtime, or for violating or ordering the violation of the Memorandum of Understanding. The City may discipline or discharge an employee for the following: a. Fraud in securing appointment. b. Negligence of duty. c. Violation of safety rules. d. Unacceptable attendance record, including tardiness, overstaying lunch or break periods. e. Possession, Distribution or under the influence of alcoholic beverages, non -prescribed or unauthorized narcotics or dangerous drugs during working hours. f. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. g. Unauthorized soliciting on City property or time. h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. i. Unacceptable behavior toward the general public or fellow employees or officers of the City. j. Falsifying employment application materials, time reports, records, or payroll documents or other City records. k. Disobedience to proper authority. 27 I. Misuses of City property. m. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations. n. Disorderly conduct, participation in fights, horseplay or brawls. o. Dishonesty or theft. p. Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action. q. Failure to perform to an acceptable level of work quality and quantity. r. Insubordination. s. Other acts inimical to the public service. t. Inability or refusal to provide medical statement on cause of illness or disability. 7.3.2 Appeals If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case through the appropriate procedure. A transfer for purpose of punishment not resulting in economic loss and a written reprimand shall only be appealable up to the level of the City Manager or "his/her designee and not eligible for arbitration. Discharge/dismissal, demotion, reduction in salary, suspension resulting in loss of pay, and transfer for purposes of punishment resulting in economic loss shall be appealable up to the level of arbitration. Such appeal must be filed with the City Manager by the employee in writing within five (5) working days from the date of receipt of the notice of discipline/discharge letter and unless so filed the right of appeal is lost. 7.3.3 City Manager and Arbitration The employee (Appellant) may request the appeal be heard by the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the employee (Appellant) shall meet promptly to select a mutually acceptable arbitrator, and to the extent possible for both parties the selection of the arbitrator should be made within 60 days of the request for arbitration. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City. A hearing before the arbitrator shall be held within sixty days of the selection of the Arbitrator unless the mutually acceptable Arbitrator's schedule does not so permit. The arbitrator shall not have the power to amend or modify either party's position; but shall rule on the merits of each party's case as presented during the hearing. Decisions of the Arbitrator on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City. 7.4 GRIEVANCE PROCEDURE 7.4.1 Definition A grievance is any dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding. 7.4.2 Initial Discussions Any employee who believes that he or she has a grievance may discuss his or her complaint with the top management official in the Police Department or with such subordinate management official as the Police Chief may designate. If the issue is not resolved within five (5) working days in the Department, or if the employee elects to submit his or her grievance directly to an official of the employee organization which is formally recognized as the representative of the classification to which he or she is assigned, the procedures hereafter specified may be invoked. 28 7.4.3 Referral to the City Manager Any employee or any official of the employee organization which has been formally recognized by the City and which has jurisdiction over any position directly affected by the grievance may notify the City Manager and Police Chief in writing that a grievance exists, and in such notification, state the particulars of the grievance and, if possible, the nature of the determination which is desired. No grievance may be processed under Section 7.4.4 below which has not first been heard and investigated in pursuance of Section 7.4.2. A grievance which remains unresolved thirty (30) calendar days after it has been submitted in writing may be referred to the next step (see Section 7.4.4). Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative. 7.4.4 City Manager and Arbitration If the grievance is not resolved at the previous step, the grievant, the Association, or the City may, after completion of the previous step in the grievance procedure, submit the grievance by written notice to the City Manager. If arbitration is requested, representatives of the City and the Association shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. A hearing before the arbitrator shall be held within sixty days of the selection of the Arbitrator unless the mutually accepted Arbitrator's schedule does not so permit, and the arbitrator shall render a decision, within sixty days of the completion of the hearing unless the Arbitrator's schedule does not so permit, which is binding on the parties hereto, to the extent permitted by the Charter of the City. 7.4.5 No Abridgement of Other Rights of Appeal The provisions of this grievance procedure shall not abridge on rights granted to employees under the City Charter or City ordinances, resolutions, rules and regulations providing other procedures for resolving disputes, except that an employee may not submit a grievance to an arbitrator in accordance with this grievance procedure if the employee has elected to use another procedure available under the City Charter or City ordinances, resolutions, rules and regulations for the resolution of his or her grievance. If an employee feels he or she has been unjustly discharged/disciplined, the employee shall have the right to appeal his/her case pursuant to Section 7.3.2. Such appeals must be filed in writing within five (5) working days from date of receipt of the notice letter of discharge/discipline and unless so filed the right of appeal is lost, but, in the event that the dispute is carried to arbitration and that such employee is found to have been properly discharged/disciplined under the provisions of Article 7.3, such employee may not be ordered reinstated and no penalty may be assessed upon the Employer. The arbitrator shall not have the power to amend or modify either party's position; but shall rule on the merits of each party's case as presented during the hearing. In addition to the arbitrators proposed by the State Mediation and Conciliation Service, the parties shall be free to select from a pool of arbitrators mutually agreed to by the City and the Association. The parties shall continue to meet and confer, after the adoption of this MOU on a mutually agreeable panel of arbitrators. Once agreed to the panel shall be identified by side letter to the MOU. 7.4.6 Pay Claims All complaints involving or concerning payment of compensation shall be filed in writing and no adjustments shall be retroactive for more that thirty (30) days from the date of filing. 7.4.7 Matters Excluded from the Grievance Procedure of the Memorandum of Understanding In those cases where the matter concerns any rule or policy or administrative procedure of the City contained in the City Charter, the Personnel Ordinance, or the Personnel Rules and Regulations which are adopted pursuant to the City Charter, the appeal procedures contained therein shall be utilized. 29 7.5 POSITION RECLASSIFICATION Reclassification of positions covered by this MOU shall be in accordance with the City's Reclassification Policy available on the City's Intranet website. 7.6 REDUCTION IN FORCE 7.6.1 Notice Employees designated for layoff or demotion due to a reduction in force shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be so notified. 7.6.2 Order of Layoff In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable, in the opinion of the City, to perform the work required. An employee laid off from City services prior to being rehired must pass the physical examination administered by a City -appointed physician and must pass the background check administered by the Police Department. The names of employees laid off shall be placed on a Re- employment Eligible List as hereinafter specified. 7.6.3 Re -Employment Eligibility List The Re-employment Eligible List shall consist of the names of employees and former employees having probationary or permanent status that was laid off in that classification. The rank order on such list shall be determined by relative seniority as specified above. Such list shall take precedence over all other eligible lists in making appointments to the classification in which the employee worked. Employees who did not complete their probationary period prior to being laid off; if re-employed must complete their probationary period. The employee may petition to the Police Chief for early release from this probationary period. The name of any person laid off shall continue on the appropriate Re-employment Eligible List for a period of one (1) year after it is placed thereon. The names of any eligible employees on a Re- employment Eligible List shall be automatically removed from said list at the expiration of the appropriate period of eligibility. 30 SAN RAFAEL POLICE ASSOCIATION: n Harryvarbier, Police Corporal Justin Graham, Police Officer(DI;XL Scott�ingel Police Officer C2V,-2 co -Le -"-A ,Lori Hendricks, Police Dispatcher 1. r' .......... Date CITY OF SAN RAFAEL: 'L. 4'�� Leslie Loomis, Human Resources Director m Schutz, Assistant C Manager Pamela Waterstone, Employee Benefits Analyst �6 Date KE