HomeMy WebLinkAboutCC Resolution 12615 (Salary Management)RESOLUTION NO. 12615
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING
RESOLUTION NO. 12208 AND ADOPTING A NEW RESOLUTION ESTABLISHING THE
COMPENSATION AND WORKING CONDITIONS FOR
UNREPRESENTED MANAGEMENT EMPLOYEES ("MANAGERS")
(effective July 1, 2006 through June 30, 2009)
1. MANAGEMENT EMPLOYEES
The Management Employees of the City of San Rafael are the Management Job Class
Titles ("Managers"), herein enumerated in Exhibit "A", attached hereto and incorporated
herein. This Resolution shall constitute the compensation and conditions of
employment for the Managers for the period from July 1, 2006 through June 30, 2009.
2. SALARY, COMPENSATION GOALS AND REVENUE SHARING
A. GOALS AND COMPENSATION DEFINITIONS
It is the goal of the City Council to try to achieve a total compensation package for all
Managers in an amount equal to the following:
1. The average plus one dollar to the total compensation paid to the same or
similar classifications in the following nine (9) cities: Fairfield, Vallejo,
Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato and
Santa Rosa; and,
2. The highest total compensation paid to the same or similar classifications in the
following agencies in Marin County: Corte Madera, Larkspur, Marin County,
Mill Valley, and Novato.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding
longevity pay steps), educational incentive pay, holiday pay, uniform allowance,
employer paid deferred compensation (except for such portion that may be part of
employee cafeteria plan), employer's contribution towards employees' share of
retirement, employer's retirement contribution, employer paid contributions toward
insurance premiums for health, life, long term disability, dental and vision plans,
management allowance, and employer paid cafeteria/flexible spending accounts.
B. COMPENSATION SURVEYS
In September of each year, in order to measure progress towards the above -stated
goal, the City shall survey the identified benchmark positions (Exhibit "B"). However, if
General Tax Revenues, as defined in Section 2D below, have not increased over the
prior fiscal year, then the City will not complete the compensation survey, unless it is
the final year of this Resolution.
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Identified benchmark positions from other agencies include positions that are filled as
well as those that may be unfilled, so long as the benchmark position is identified by the
survey agency as being on the salary schedule and having a job class description.
Other city/agency positions are established as benchmark positions in San Rafael's
compensation survey based upon similar work and similar job requirements.
Survey data will include all salary and benefit increases, as defined in "'total
compensation", in place or to be effective no later than September 1 of that same year,
for the purpose of applying the excess General Tax Revenues, if any, described herein.
The City shall review the benchmark and related survey data for accuracy and
completeness. The City shall provide the survey data to all Managers.
C. CONDITIONS FOR REVENUE SHARING
Managers shall receive Revenue Sharing Increases, in accordance with the schedule in
Section 2E, below, in addition to the base salary increases, if the following conditions are
met:
1. If the total compensation goal, as outlined in Section 2A has not been reached,
and,
2. If growth in General Tax Revenues, as defined in Section 2D below, have resulted
in revenues being available for distribution, and,
3. The "net change in General Fund Balance", as presented in the previous year's
City annual audit, is positive.
If the above three conditions are met, then a Revenue Sharing salary increase shall be
paid prospectively, in accordance with the schedule in Section 2E below, and using the
calculations identified in Section 2D below.
In no event will total compensation increases available through the revenue sharing
provisions of this Resolution cause the benchmark positions to exceed the stated "total
compensation" goal. All related classifications shall receive the same increases as
those received by their assigned benchmark position.
D. REVENUE DEFINITIONS AND REVENUE SHARING CALCULATION
1. For purposes of this Resolution, "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.
2. The City will complete the calculation of the General Tax Revenues in
accordance with the schedule in Section 2E. If General Tax Revenues have not
increased over the prior fiscal year, then the City shall not complete the
compensation survey as outlined in Section 1 B, unless it is the final year of this
Resolution.
3. If total compensation of the top step benchmark positions has not reached the
stated goal, then the Managers shall be entitled to a revenue sharing increase,
subject to the conditions set forth in Section 1C. However, if the increase would
cause the benchmark position total compensation to exceed the stated goal,
then only that percentage needed to reach the goal for the benchmark position
will be applied to all related classifications.
a. Fiscal Year 06/07 Revenue Sharing Increase. If General Tax Revenues
of the City for fiscal year 2005-2006 exceed General Tax Revenues of the
City for fiscal year 2004-2005 as adjusted by 75% of the total compensation
increases provided for fiscal year 2005-2006, then Managers shall be
entitled to apply 3% of one-half (1/2) of the excess of fiscal year 2005-2006
General Tax Revenues over fiscal year 2004-2005 General Tax Revenues
adjusted for 75% of the total compensation increases provided to members
in fiscal year 2005-2006, for a salary increase.
b. Fiscal Year 07/08 Revenue Sharing Increase. If General Tax Revenues
of the City for fiscal year 2006-2007 exceed General Tax Revenues of the
City for fiscal year 2005-2006 as adjusted by 75% of the total compensation
increases provided for fiscal year 2006-2007, then Managers shall be
entitled to apply 3% of one-half (1/2) of the excess of fiscal year 2006-2007
General Tax Revenues over fiscal year 2005-2006 General Tax Revenues
adjusted for 75% of the total compensation increases provided to members
in fiscal year 2006-2007, for a salary increase.
c. Fiscal Year 08/09 Revenue Sharing Increase. If General Tax Revenues
of the City for fiscal year 2007-2008 exceed General Tax Revenues of the
City for fiscal year 2006-2007 as adjusted by 75% of the total compensation
increases provided for fiscal year 2007-2008, then Managers shall be
entitled to apply 3% of one-half (1/2) of the excess of fiscal year 2007-2008
General Tax Revenues over fiscal year 2006-2007 General Tax Revenues
adjusted for 75% of the total compensation increases provided to members
in fiscal year 2007-2008, for a salary increase.
E. SCHEDULE
1. September 7th- General Tax Revenues. The City shall make known to the
Managers if General Tax Revenues, as defined in Section 2D have grown from the
prior fiscal year on September 7th of each year of this Resolution. If no growth in
General Tax Revenues has taken place, there shall be no Revenue Sharing for that
fiscal year of the contract.
2. November 1St -Net Chanqe in General Fund Balance. By November 1st of each
year, the City shall make known to the Managers whether there is a positive change
in the General Fund Balance, as defined in Section 2C(3). If there is not, then no
Revenue Sharing shall take place for that fiscal year
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3. January 1St — Base Monthly Pav Increases. January 1St pay period shall be the
start date (for paycheck date of January 31 S) for each Revenue Sharing Salary
increase.
F. SALARY INCREASES
1. December 1, 2006 Salary Increase. Retroactive to December 1, 2006 the City
shall provide a 4.0% salary increase to the pay range for all Management
classifications covered by this Resolution (Exhibit "C").
2. July 1, 2007 Salary Increase. Effective July 1, 2007, the City shall provide a
3.0% salary increase to the pay range for all Management classifications covered
by this Resolution (Exhibit "D").
3. July 1, 2008 Salary Increase. Effective July 1, 2008, the City shall provide a
3.0% salary increase to the pay range for all Management classifications covered
by this Resolution (Exhibit "E").
G. CAR ALLOWANCE
All Managers identified in Exhibit "A" are eligible to have the option of use of a city car or a
monthly car allowance. Retroactive to July 1, 2006 pay period, the monthly car allowance
paid to the Managers shall be increased from $250 to $350.
3. INSURANCE
Health & Dental Insurance benefits are prorated for part-time employees in accordance
with the percentage of full-time work schedule. Domestic partners who are registered
with the Secretary of State and same-sex spouses are considered dependents under
these benefits. Pertinent taxes will be applied to coverage provided to registered
domestic partners and same sex spouses as required by federal and state laws.
A. HEALTH INSURANCE
1. Health Insurance for Active Employees. Effective January 1, 2009, 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 1,2009
shall be:
For employee only: $ 508.30
For employee and one dependent: $ 1016.60
For employee and two or more dependents: $ 1321.58
The City shall make available to employees an additional flex dollar allowance
equal to $109 per month to purchase dental coverage under the City's dental plan.
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 other
benefits or may be converted to taxable income. For example, in calendar year
2009, a single employee's monthly flex dollar allowance for health is $508.30, of
that amount, $101.00 has been designated by CalPERS as the City's monthly
PEMHCA contribution. The balance of $407.30 may be used to purchase other
coverage as offered through the cafeteria plan or may be converted to taxable
income.
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 elect to use flex dollars in accordance with the terms of the
cafeteria plan.
Miscellaneous Allowance for Employees hired on or before January 1,2009:
The City shall pay to employees hired on or before January 1,2009 a
miscellaneous allowance in an amount equivalent to the difference between the
employee's benefit election for coverage under PEMHCA and their flex dollar
allowance, if their benefit election under PEMHCA exceeds their flex dollar
allowance. The miscellaneous allowance shall be treated as income. An
employee may use the miscellaneous allowance to pay for health coverage on a
pre-tax basis as defined under the City's Cafeteria plan.
2. Health Insurance for Retirees
a. Managers Hired prior to April 1, 2007 and who retire from the Marin County
Employees Retirement System (MCERS) within 120 days of leaving their City of
San Rafael Management position (and who comply with the appropriate
retirement provisions under the MCERS laws and regulations) are eligible to
continue in the City's group health insurance program. The City's contribution
towards the coverage of retirees under this subsection (3.A.2.a) shall be the
PEMHCA minimum contribution as determined by CalPERS on an annual basis.
On a monthly basis, the City shall make the longevity payment into the City's
401(h) plan . The City's monthly contribution towards the City's 401(h) plan shall
be the difference between the PEMHCA minimum contribution and the premium
cost of coverage, for the retiree and the retiree's spouse/registered domestic
partner or surviving spouse/registered domestic partner and/or qualified
dependent children's coverage under PEMHCA up to the maximum contribution
the City makes towards the cost of coverage of an active employee hired prior to
April 1, 2007. The City's contribution towards the City's 401(h) account shall
remain in effect for the retired manager's life and that of the retired manager's
spouse/registered domestic partner or surviving spouse/registered domestic
partner.
As described in this subsection, the City shall reimburse retired managers and
their spouses or registered domestic partners the Medicare Part B standard
premium amount, (i.e. $96.40 for 2008), as determined by the Centers of
Medicare and Medicaid Services (CMS) on an annual basis. The City shall
reimburse the cost of Medicare Part B standard premiums once the City receives
proof of payment of the Medicare Part B premiums by the retired manager
and/or the retired manager's spouse/registered domestic partner or surviving
spouse/registered domestic partner. This reimbursement shall remain in effect
for the retired manager's life and that of the retired manager's spouse/registered
domestic partner or surviving spouse/registered domestic partner.
b. Managers hired on or after April 1, 2007 and who retire from the Marin
County Employees Retirement System (MCERS) within 120 days of leaving their
City of San Rafael position (and comply with the appropriate retirement
provisions under the MCERS laws and regulations) are eligible to continue in the
City's group health insurance program. The City's contribution towards the
coverage of retirees under this subsection (3.A.2.b) shall be the PEMHCA
minimum contribution as determined by CalPERS on an annual basis.
On a monthly basis, the City shall make the longevity payment into the City's
401(h) plan . The City's monthly contribution towards the City's 401(h) plan shall
be the difference between the PEMHCA minimum contribution and the premium
cost of coverage, up to $600, for the retiree. The City shall not be responsible
for making any contributions towards the cost of coverage of the retiree's
spouse, registered domestic partner or retiree's dependents. The City's
contribution towards the City's 401(h) account shall cease on the retired manager's
death. The City shall not be responsible for reimbursing retired managers and/or
their spouses for any Medicare premiums paid by the retired manager and/or the
retired manager's spouse or surviving spouse.
c. Managers hired on or after January 1,2009 and who retire from the Marin
County Employees Retirement System (MCERS) within 120 days of leaving their
City of San Rafael position (and comply with the appropriate retirement
provisions under the MCERS laws and regulations) are eligible to continue in the
City's group health insurance program. The City's contribution towards the
coverage of retirees under this subsection (3.A.2.c) shall be the PEMHCA
minimum contribution as determined by CalPERS on an annual basis. The City
shall not be responsible for reimbursing retired managers and/or their spouses for
any Medicare premiums paid by the retired manager and/or the retired manager's
spouse or surviving spouse.
B. LIFE INSURANCE
The City shall provide a basic group life insurance plan equal to two times the
employee's annual salary, not to exceed $150,000.
C. LONG-TERM DISABILITY INSURANCE
The City shall provide long term disability (LTD) insurance, at no cost to the employee,
with a benefit of two-thirds (2/3) of the employee's monthly salary, up to a maximum
benefit of $7,500 (reduced by any deductible benefits).
D. DENTAL INSURANCE
The City shall pay dental premiums on behalf of the employee and eligible dependents.
E. EMPLOYEE ASSISTANCE PLAN
The City provides an Employee Assistance Program (EAP) with confidential personal counseling
on work and family related issues such as eldercare, substance abuse, etc. Supervisors may
also utilize the EAP to refer employees to counselors for work related assistance.
4. RETIREMENT
A. EMPLOYER PAID MEMBER CONTRIBUTION (EPMC)
Each Manager is responsible for paying the full cost of their employee contribution rate as
established by the Marin County Employee Retirement System.
B. COLA
Managers participating in the Marin County Employee Retirement Association will pay
their full share of members' cost of living rates as allowed under Articles 6 and 6.8 of
the 1937 Retirement Act. Miscellaneous and safety member contribution rates include
both the basic and COLA portions (currently 50% of the COLA is charged to members
as defined in the 1937 Act).
C. RETIREMENT PLAN
The City shall provide the Marin County Employee Retirement Association 2.7% @55
retirement program to all miscellaneous Managers subject to Marin County Employee
Retirement Association procedures and regulations and applicable 1937 Act laws.
D. SERVICE CREDIT FOR SICK LEAVE
Managers who are eligible to accrue sick leave and who retire from the City of San
Rafael, on or after 07/01/95 and within 120 days of leaving City employment (excludes
deferred retirements), shall receive employment service credit (incorporated from
Resolution #9414, dated July 17, 1995), for retirement purposes only, for all hours of
accrued, unused sick leave (exclusive of any sick leave hours they are eligible to
receive and they elect to receive in compensation for at the time of retirement, pursuant
to Section 5 A. of this Resolution).
E. MANAGEMENT ALLOWANCE
Pursuant to Resolution No. 10657, the City established a Defined Contribution Retirement
Plan for Managers. All rules related to this plan shall be governed by the Plan
document as amended. Current contribution is three percent (3%) of base salary.
Eligible employees shall have a one-time option of electing an employer contribution
(pre-tax) to their PARS account or an after tax payment in the form of a management
allowance. The City shall make Plan changes, as required from time to time, in order to
have the Defined Contribution Retirement Plan remain in compliance with then existing
IRS regulations.
5. LEAVES OF ABSENCE
A. SICK LEAVE
Managers who leave City service in good standing shall receive compensation (cash in)
of all accumulated, unused sick leave based upon the rate of three percent (3%) for
each year of service up to a maximum of fifty percent (50%) of their sick leave balance.
In the event of the death of an employee, payment for unused sick leave (based upon
the previously stated formula) shall be paid to the employee's designated beneficiary.
Managers may accrue unlimited sick leave for usage purposes. However, a maximum
of one thousand, two hundred hours (1200) accrual applies for cash -in purposes.
Managers may use sick leave prior to completion of probation. In recognition of
Managers' exempt status under FLSA, time off for sick leave purposes shall not be
deducted from a Manager's sick leave accrual, unless the time is 7.5 or more
consecutive work hours.
Use of sick leave for work-related injuries or illnesses shall not be required when it is
determined by the treating physician that this status is permanent and stationary.
B. VACATION LEAVE
1. Vacation Accrual - Vacation is accrued when an employee is on pay status
and is credited on a bi-weekly basis. Eligible employees accrue vacation at the
following rate for continuous service performed in pay status:
Years of service
Leave Accrual rate/vearly
1-5 years
15 days
6 years
16 days
7 years
17 days
8 years
18 days
9 years
19 days
10 years
20 days
11 years
21 days
12 years
22 days
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13 years 23 days
14 years 24 days
15 plus years 25 days
In recognition of Managers' exempt status under FLSA, time off for vacation leave
purposes, shall not be deducted from a Manager's vacation accrual, unless the
time is 7.5 or more consecutive work hours.
2. Administration of Vacation Leave
The City Manager may advance vacation leave to a Manager; Prior approval is
required. Managers may accrue a maximum of 250 hours of vacation. Vacation
leave accrual shall resume once the employee's accumulated vacation leave
balance falls below the accrual limit of 250 hours. Managers who terminate their
employment shall be paid in a lump sum for all accrued vacation leave earned
prior to the date of termination.
3. Cash Pavment for Accrued Vacation Leave
a. One-time Vacation Cash -in: In February of 2007, the City will implement
the vacation leave accrual limitation policy by paying each Manager for all
vacation leave hours he/she has accrued in excess of 225 hours. Each
Manager's vacation leave balance will be determined as of the close of
business December 31, 2006 and the vacation cash -in payment shall be
included with the second regular paycheck of February, 2007, unless the
value of the cash -in is greater than $10,000. If the value of the cash -in is
greater than $10,000, the City shall pay the vacation cash -in over a five
year period, on the second paycheck in February each year. The value of
the payment each year will be calculated as one-fifth of the vacation hours
over 225 multiplied by the Manager's current rate of pay in the year of the
payout. Managers who retire or terminate employment with the City of San
Rafael and have a balance remaining for cash -in, will receive the payment
for the balance of the cash -in value as part of the employee's final
compensation. This cash -in payment shall reduce Managers below the
vacation leave accrual limit defined in 513(2) while allowing for additional
accrual time. This one-time payment will not affect a Manager's ability to
participate in the annual vacation "cash -in" described in 5B(3)(b), below.
b. Annual Option for Payment of Accrued Vacation Leave: A Manager who
has taken at least ten (10) days of vacation in the preceding twelve (12)
months, may request that his/her accrued vacation, not to exceed fifty-two
and 1/2 (52.5) hours, be paid to him/her in cash. The request may be
granted at the discretion of the City Manager. Managers may not cash -in
more than fifty-two and 1/2 (52.5) hours within any twelve (12) month
period.
C. ADMINISTRATIVE LEAVE
Managers shall receive seven (7) Administrative Leave days each calendar year subject
to the approval of the department head and the City Manager. An additional three (3)
days may be granted at the discretion and with approval of the department head and the
City Manager. Unused Administrative Leave shall not carry over from one calendar year
to the next, nor shall unused Administrative Leave balances be paid to a Manager upon
his/her resignation.
In recognition of exempt status under FLSA time off for Administrative leave purposes
shall not be deducted from a Manager's administrative leave accrual, unless the time is
7.5 or more consecutive work hours.
D. HOLIDAYS
City shall provide eleven designated holidays and two floating holidays per calendar year to
Managers. The hours for the floating holidays are automatically added to an employees'
vacation accrual on a semi-annual basis.
E. BEREAVEMENT LEAVE
In the event of the death of a Manager's spouse, child, parent, brother, sister, in-law(s), relative
who lives or has lived in the home of the employee, and/or another individual who has a legal
familial relationship to the employee and resided in the employee's household, the City shall
provide bereavement leave up to a maximum of three (3) days within the state and five (5) days
out-of-state.
F. CATASTROPHIC LEAVE
All Managers shall abide by the City's Catastrophic Leave Policy #140.19.
6. EMPLOYMENT TERMS
A. WORK DAY
Unless otherwise designated, the normal business hours for vacation, sick and
administrative leave deduction and sick and administrative leave accrual purposes for
Managers shall be 7.5 hours per day.
B. DRUG FREE WORK PLACE
Management employees endorse the concept of a drug free work place as stated in
Administrative Procedure No. 3 adopted by the City Manager on April 23, 1991 and the
Drug and Alcohol Policy attached as Exhibit "F".
C. FURLOUGH PLAN
Managers endorse the Furlough Program described in Exhibit "G" attached to this
Resolution.
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D. PAY FOR PERFORMANCE EVALUATION SYSTEM
Managers shall be evaluated annually based upon the evaluation program adopted by the
City Council in October of 1996 and incorporated by reference herein.
E. OUTSIDE EMPLOYMENT
All Managers shall abide by the City's Outside Employment Policy #140.17.
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
Council of said City held on the 20th day of October 2008, 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
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Management (Non -Represented)
Salary Resolution July 1, 2006 — June 30, 2009
Exhibits
A Mid Management Positions
B Benchmark Positions
C December 1, 2006 Salary Schedule
D July 1, 2007 Salary Schedule
E July 1, 2008 Salary Schedule
F Drug and Alcohol Policy
G Furlough Program
Management Job Class Titles Exhibit A
Assistant City Attorney
Assistant City Manager
Community Development Director
Community Services Director
Economic Development Director
Finance Director
Fire Chief
Human Resources Director
Library Director
Police Chief
Public Works Director/City Engineer
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2006\Management\Managers salary schedule 06-09.xls 3/20/2007
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Exhibit "B"
Management Position Benchmark Job Classes for
Management Positions
Community Services Director
Library Director
Public Works Director
City of San Rafael
Drug and Alcohol Policy — Non DOT
Exhibit "F"
It is the policy of the City of San Rafael to provide a safe, drug-free and alcohol -free work environment for our employees.
Being under the influence of drugs and/or alcohol on the job poses serious risks to employee health and safety. This policy
sets forth the rights and obligations of covered employees. If you are a covered employee under this policy you should
familiarize yourself with the provisions of this policy BECAUSE COMPLIANCE WITH THIS POLICY IS A
CONDITION OF YOUR EMPLOYMENT.
A. EMPLOYEE QUESTIONS:
An employee shall refer any questions regarding his/her rights and obligations under the policy to the Manager of
the Human Resources Division.
B. COVERED EMPLOYEES:
All employees are covered by this policy.
C. ACCIDENT
An accident occurs when as a result of an occurrence:
an individual dies, or;
a covered employee receives a citation for a moving violation arising from an accident, and:
a. an individual sustains bodily injuries requiring immediate medical treatment away from the
accident scene, or:
b. one or more vehicles is disabled (excluding mechanical failure) and must be towed from the
site
D. PROHIBITIONS
Covered employees shall not be under the influence or in possession of controlled substances or alcohol during
work hours. The following conduct is prohibited and may result in termination:
1. Reporting for duty or remaining on duty while having an alcohol concentration level of .02 or greater;
2. Performing any function or activity which presents a demonstrable danger to the safety of the employee
or the safety of others, including but not limited to operating motorized or air powered equipment or
motorized vehicles and working with hazardous materials within four hours of using alcohol.
3. Being on duty or operating a City of San Rafael vehicle while possessing alcohol and/or controlled
substances;
4. Using alcohol while on duty;
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Drug and Alcohol Policy 2
5. Reporting for duty or remaining on duty when the employee used any controlled substance, except if the
use is pursuant to the instructions of a physician who has advised the employee that the substance does
not adversely affect the employee's ability to perform his/her job;
6. Reporting for duty or remaining on duty if the employee tests positive for controlled substances;
7. Refusing to submit to any alcohol or controlled substances test required by this Policy. A covered
employee who refuses to submit to a required drug/alcohol test will be treated in the same manner as an
employee who tested 0.04 or greater on an alcohol test or tested positively on a controlled substances
test.
Refusal to submit to an alcohol or controlled substances test required by the Policy includes but is not limited to:
a. A refusal to provide a urine sample for a drug test, or a breath sample for an alcohol test;
b. An inability to provide an adequate breath or urine sample without a valid medical explanation;
C. A refusal to complete and sign the breath alcohol testing or drug testing form, or otherwise to
cooperate with the testing process in a way that prevents the completion of the test;
d. Tampering with or attempting to adulterate or substitute the urine specimen or collection
procedure;
e. Not reporting to the collection site in the time allotted by the supervisor or manager who directs
the employee to be tested;
f. Leaving the scene of an accident without a valid reason as to why authorization from a
supervisor or manager who shall determine whether to send the employee for a post -accident
drug and/or alcohol test was not obtained;
g. Consuming alcohol during the eight hours immediately following an accident, unless the
employee has been informed that his/her actions have been discounted as a contributing factor,
or if the employee has been tested.
Additionally, an employee shall report any conviction for any drug-related activity to the Human Resources Manager
within five (5) days after he/she receives notice of the conviction or as soon thereafter as practicable. An employee is not
required to report a misdemeanor marijuana conviction that is more than two (2) years old. All employees covered by this
Policy have previously been provided with a copy of the City's Drug Free Workplace Statement, and have signed an
acknowledgment that they have read the Statement and agree to comply with it.
E. CIRCUMSTANCES UNDER WHICH DRUG AND ALCOHOL TESTING WILL BE IMPOSED ON
COVERED EMPLOYEES:
1. Post -Accident Testing:
Post -Accident drug and alcohol testing will be conducted on employees following an accident where the
employee's performance cannot be discounted as a contributing factor.
The decision as to whether or not to test the employee will be left to a supervisory or management employee. The
presumption is for testing. The only reason an employee will not be tested following an accident is if a
determination is made that the employee's performance could not have been a contributing factor. If a fatality
occurs, the employee will be tested irrespective of whether his/her involvement may be discounted.
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Drug and Alcohol Policy
Post -accident alcohol tests will be administered within two hours following an accident and no test may be
administered after eight hours. A post -accident drug test shall be conducted within 32 hours following the
accident.
2. Reasonable Suspicion Testing:
Covered employees are also required to submit to an alcohol or drug test when a trained supervisor has reasonable
suspicion to believe the employee may be under the influence of alcohol or controlled substances. The
observation must be based on short-term indicators, but not limited to, blurry eyes, slurring of speech, or the smell
of alcohol on the breath. The supervisor may not rely on long-term signs, such as absenteeism or tardiness alone,
to support the need for a reasonable suspicion test. Although only one trained supervisor is needed to determine
reasonable suspicion, when practicable another trained supervisor may be called upon by the suspecting
supervisor to observe the indicator(s).
The reasonable suspicion alcohol test will be administered within two hours of the observation. If not, the
employer must provide written documentation as to why the test was not promptly conducted. No test may be
administered after eight hours following the observation.
To ensure the supervisors are trained to make reasonable suspicion determinations, supervisors vested with the
authority to demand a reasonable suspicion drug and alcohol test will attend at least one hour of training on
alcohol misuse and at least one hour of training on controlled substances use. The training will cover the physical,
behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.
3. Return to Duty/Follow-up Testing:
A covered employee who has violated any of the prohibitions of this policy (See Section D) must submit to a
return to duty test before he/she may be returned to his/her position. The test result must indicate an alcohol
concentration of less than 0.02 or a verified negative result on a controlled substances test. In addition, because
studies have shown that the relapse rate is highest during the first year of recovery, the employee will be subject to
follow-up testing. The employee will be subject to up to six unannounced drug/alcohol tests during the first year
back to duty following the violation.
F. PROCEDURES TO BE USED FOR DETECTION OF DRUGS AND ALCOHOL
Alcohol Testing:
Alcohol testing will be conducted by using an evidential breath testing device (EBT) approved by the National
Highway Traffic safety administration.
A screening test will be conducted first. If the result is an alcohol concentration level less than 0.02, the test is
considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be
conducted.
The procedures that will be utilized for collection and testing of the specimen are attached hereto as Attachment
A.
2. Drug Testing:
Drug testing will be conducted pursuant to the procedures set forth in
Attachment
. '11, r
Drug and Alcohol Policy [�
G. REFUSAL TO SUBMIT TO AN ALCOHOL AND/OR DRUG TEST:
A covered employee who refuses to submit to any required drug/alcohol testing will be treated in the same manner
as an employee who tested 0.04 or greater on an alcohol test or tested positively on a controlled substances test.
H. CONSEQUENCES FOR EMPLOYEES FOUND TO HAVE ALCOHOL CONCENTRATION LEVELS
OF 0.02 OR GREATER BUT LESS THAN 0.04:
An employee whose test indicates an alcohol concentration level between 0.02 and 0.04 will be removed from his
or her job duties for at least 24 hours. Such an employee may be subject to discipline up to and including
termination for any such positive test. City of San Rafael will then retest the employee. Before the employee may
be returned to his/her job duties, the employee's alcohol concentration must indicate a concentration below 0.02.
I. CONSEQUENCES OF FAILING AN ALCOHOL AND/OR DRUG TEST:
A positive result from a drug test will be cause for discipline up to and including termination. An alcohol test
showing an alcohol concentration over .04 may result in disciplinary action, up to and including termination.
If a covered employee is not terminated, the employee:
1. must be removed from his/her work duties for at least 24 hours;
2. must submit to an examination by a substance abuse professional. Upon a determination by the
substance abuse professional, the employee may be required to undergo treatment for his/her alcohol or
drug abuse. City of San Rafael is not required to pay for the treatment;
3. may not be returned to his/her work duties until the employee submits to a return -to -duty controlled
substance and/or alcohol test (depending on which test the employee failed) which indicates an alcohol
concentration level of less than 0.02 or a negative result on a controlled substance test;
4. will be required to submit to unannounced follow-up testing after he/she has been returned to his/her
position. See section F(4) above.
J. INFORMATION CONCERNING THE EFFECTS OF ALCOHOL AND CONTROLLED SUBSTANCES
AND AVAILABLE METHODS OF INTERVENTION
Attached to this Policy as Attachment B are Fact Sheets published by the Federal Transit Administration,
addressing the effects of alcohol and the various controlled substances which are tested for under this Policy.
K. CITY OF SAN RAFAEL EAP PROGRAM
Employees should be aware that the City of San Rafael has established an Employee Assistance Program (EAP)
to help employees who need assistance with alcohol and controlled substances abuse.
W:\Management Services- WorkFile\HR- WorkFile\Human Resources\MOU's 2002\Mgrs-MM\MOU Exhibit Non -DOT Drug and Alcohol
Policy.doc
MANAGEMENT/MID-MANAGEMENT SALARY RESOLUTION
EXHIBIT "G"
FURLOUGH PROGRAM
Both the City of San Rafael and the Management/Mid-Management Group employees recognize the
current economic condition of the State of California and the City of San Rafael. Through this
recognition and in a cooperative spirit the City of San Rafael and these employees have worked
expeditiously on the development of a Furlough Program. This Agreement does not mean the City will
necessarily implement furloughs; but in the event it is necessary to implement due to continued
economic problems in the City of San Rafael the procedures for this Furlough Program shall provide for
both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO).
Voluntary Time Off (VTO).
The City will develop and distribute to all employees during the month of March (1993) a survey to
determine who might be interested in VTO and the extent to which that interest translates into hours
(cost savings) during the coming fiscal year. The needs of the City and the respective departments (as
determined by the Department Head and City Manager) will need to be considered in the actual granting
of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time
needed through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an employee
needed to take during the fiscal year.
2. An employee selecting VTO would receive one half hour of furlough induced Personal Leave
time off for every hour of VTO taken not to exceed the number of furlough induced Personal
Leave time off an employee scheduled for MTO would receive (establishes a maximum cap of
5%). This furlough induced Personal Leave time is to be taken as described in 4.b.
3. Employees who take VTO at a time other than when MTO is taken by other employees will have
to take vacation leave, compensatory time off or leave without pay if the MTO results in the
closure of the department.
Mandatory Time Off (MTO).
MTO will be taken by the employee during the MTO period when feasible in their respective department
(as determined by the Department Head and City Manager). The City will attempt to schedule MTO
time in blocks of days (between Xmas and New Years) or individual days next to scheduled holidays
and/or weekends.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for
holidays. MTO time will not impact health, dental and life insurance benefits. At this time
MTO time will impact Marin County retirement contributions; but if the Marin County Retirement
System changes it policy on this the City will, effective the first of the month following notice from
the Marin County Retirement System, make the necessary change in the program's
administration to correspond with the change in the policy. Any employee who notifies the City
no later than 07/30/93 of their retirement date and retires from the Marin County Retirement
System during FY 93-94 shall be exempted from the MTO requirements. If said employee did
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MANAGEMENT/MID-MANAGEMENT SALARY RESOLUTION
EXHIBIT "G"
not retire during FY 93-94 as stated, said employee would be docked in pay an amount
equivalent to the number of MTO hours taken by other represented employees.
3. MTO time shall apply toward time in service for step increases, completion of probation, and
related service credit.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%) reduction in work
hours/pay for the fiscal year. For each MTO hour deducted the involved employee shall
be credited with an one half hour added to a furlough induced Personal Leave balance.
b. Personal Leave accrued through the MTO Program may be taken beginning July 1,
1994, with supervisory approval. Furlough induced Personal Leave has no cash value
upon termination of employment. If an employee is laid off before having the opportunity
to take unused furlough induced Personal Leave said employee would be eligible to take
the unused furlough induced Personal leave during the thirty day layoff notice period.
C. The employees represented by this Association may elect to give up pay for holidays
worked in lieu of mandatory time off, as long as the dollar value of the holiday pay
equates to the dollar value of the designated mandatory time off.
d. Should the City of San Rafael experience a financial windfall during the fiscal year that
furloughs are implemented, the City agrees to re -open discussions on this Furlough
Program.
e. The City agrees that it will attempt to distribute the dollar value of any MTO time
implemented equally over the remaining number of pay periods in the fiscal year.
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