HomeMy WebLinkAboutCC Resolution 12207 (MOU WCE)RESOLUTION NO. 12207
Resolution of the City Council of the City of San Rafael Pertaining to the
Compensation and Working Conditions for the Western Council of
Engineers, representing the Association of Professional Employees
(3 year agreement from July 1, 2006 through June 30, 2009).
WHEREAS, the City of San Rafael and Western Council of Engineers, herein known as Union,
have met and conferred with regard to wages, hours and working conditions in accordance with the
provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding dated July 1, 2006, and consisting of 43 pages and
4 exhibits has been executed by duly authorized representatives for both parties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows:
Section 1: From and after the date of adoption of this Resolution, the City of San
Rafael and the Union, shall utilize the Memorandum of Understanding for the period
beginning July 1, 2006, as the official document of reference respecting compensation and
working conditions for personnel in the Western Council of Engineers;
Section 2: The schedules describing classes of positions and salary ranges attached
as Exhibit A, B, C, and D are attached to said Memorandum of Understanding, together
with the Memorandum of Understanding itself are hereby adopted and shall be attached
hereto and incorporated in full.
I, JEANNE M. LEONCINI, 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 on Monday, the 5th day of March, 2007 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
,9► . '
JE NNE M. LEONCINI, CITY CLERK
0
MEMORANDUM OF UNDERSTANDING
ENGINEERING UNIT
represented by
WESTERN COUNCIL OF ENGINEERS
July 1, 2006 through June 30, 2009
41,
Table of Contents
CHAPTER 1. GENERAL PROVISIONS 1
ARTICLE 1.1. INTRODUCTION 1
1.1.1. Scope of Agreement. w. 1
1.1.2. Term. 1
ARTICLE 1.2. RECOGNITION 1
1.2.1. Bargaining Unit„ 1
1.2.2. Notice to Employees. 1
ARTICLE 1.3. DISCRIMINATION. 2
1.3.1. In General. 2
1.3.2. WCE Discrimination, 2
ARTICLE 1.4 INSPECTION OF MEMORANDA M OF UNDERSTANDING 2
ARTICLE 1.5. EXISTING LAWS, REGULATIONS AND POLICIES 2
ARTICLE 1.6. STRIKES AND LOCKOUTS 2
ARTICLE 1.7. SEVERABILITY 2
ARTICLE 1.8. PREVAILING RIGHTS 3
ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER 3
1.9.1. Understanding. 3
1.9.2. Waiver & Modification.3
CHAPTER Z. WCE RIGHTS 3
ARTICLE 2.1. WCE STEWARDS 3
2.1.1. Designation. 3
2.1.2. Bulletin Boards. 4
ARTICLE 2.2. DUES DEDUCTION 4
2.2.1. Collection of Dues and Voluntary WCE Deductions 4
2.2.2. Dues Collection During Separation from Employment.—___ -,4
2.2.3. Agency Shop. 4
2.2.4. Indemnification. 5
CHAPTER 3. WAGES S
ARTICLE 3.1 GENERAL WAGES AND REVENUE SHARING 5
3.1.1 Fiscal Year 06/07 General Wage Increase 5
3.1.2. Fiscal Year 07/08 General Wage Increase 5
3.1.3. Fiscal Year 08/09 General Wage Increase 5
3.1.4 Compensation Goal and Compensation Defnutions 5
3.1.5. Compensation Surveys 6
3.1.6. Conditions for Revenue Sharing 7
3.1.7. Revenue Definitions and Revenue Sharing Calculations 7
3.1.8 Schedule 8
ARTICLE 3.2. STEP INCREASE 9
3.2.1. Entry Level Step...._..... _ m.. 9
3.2.2. Consideration for Step Increase. 9
3.2.3. Merit Increases. 9
3.2.4. Anniversary Date. 9
3.2.5. Promotions. 9
Table of Contents
3.2.6. Performance Evaluation.
10
ARTICLE 3.3. SALARY CHANGE ON RECLASSIFICATION
10
3.3.1. To a lower classification.
10
3.3.2. To a different classification with the same salary range.
10
3.3.3. To a higher classification.
10
ARTICLE 3.4. COMPENSATION PLAN
11
ARTICLE 3.5. PAY DATES
11
ARTICLE 3.6. PROBATIONARY PERIOD
11
3.6.1. Purpose of Probation.
11
3.6.2. Length of Probationary Period.
11
3.6.3. Rejection During Probation.
11
3.6.4. Notification of Rejection.
12
3.6.5. Extension of Probationary Period.
12
3.6.6. Regular Status.
12
3.6.7. Promotion of Probationary Employee.
12
3.6.8. Unsuccessful Passage of Promotional Probation.
12
3.6.9. Lateral Transfer Probation.
12
ARTICLE 3.7. SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
12
3.7.1. Out -of -Class Compensation.
12
3.7.2. Shift Differential Pay ......................................... __.......... W._..........
13
3.7.3. Bilingual Pay Incentive
13
CHAPTER 4. BENEFITS
14
ARTICLE 4.1. HEALTH AND WELFARE
14
4.1.1. City Contribution.
14
4.1.2. Pay Back Provision.
15
4.1.3. Health Insurance.
15
_..____-.__..
4.1.4. Retirees Health Insurance.
15
4.1.5. 125 Plan.
15
4.1.6. Pro Rata Benefit Rules.16
.......... W.
4.1.7. Vision Insurance.
16
ARTICLE 4.2. DENTAL INSURANCE
16
ARTICLE 4.3. JOINT BENEFIT COMMITTEE ARTICLE
16
ARTICLE 4.4. STATE DISABILITY INSURANCE (SDI)
17
ARTICLE 4.5. RETIREMENT
18
4.5.1 City Paid Employee Retirement
18
4.5.2 Retirement Plans
18
4.5.3. Member Cost of Living Rates
18
4.5.4. Service Credit for Sick Leave
18
ARTICLE 4.6. SICK LEAVE
18
4.6.1. Eligibility...
18
4.6.2. Accumulation.
19
4.6.3. Use of Sick Leave.
19
4.6.4. Advance of Sick Leave.
19
4.6.5. Compensation for Unused Portion.
19
ARTICLE 4.7. VACATION LEAVE 20
Table of Contents
4.7.1. Eligibility. .. . ..................... . . ......... - .
20
4.7.2. Rate of Accrual.
20
4.7.3. Administration of Vacation Leave.
20
4.7.4. Vacation Cash In.
21
ARTICLE 4.8. HOLIDAYS
22
4.8.1. Paid Holidays.
22
ARTICLE 4.9. OTHER LEAVES
22
4.9.1. Bereavement Leave.22
.. . . .......
4.9.2. Military Leave.
23
4.9.3. Leave of Absence Without Pay.
23
4.9.4. Industrial Injury Leave,
23
4.9.5. Jury Duty. . . ....... . . ..... ....... ......... ...
24
4.9.6. Family Medical Leave.
24
4.9.7. Catastrophic Leave
24
CHAPTER 5. TERMS AND CONDITIONS
25
ARTICLE 5.1. WORKWEEK
25
ARTICLE 5.2. OVERTIME
25
ARTICLE 5.3. COMPENSATORY TIME POLICY
25
5.3.1. Accrual Limit.
25
5.3.2. Overtime Rate.
25
ARTICLE 5.4. CALL-BACK DUTY
26
5.4.1. Compensation When Not Assigned to Call Back Duty.
26
ARTICLE 5.5. TRANSFERS REASSIGNMENTS
26
5.5.1. Types of Transfers.
26
5.5.2. Minimum Qualifications.
26
5.5.3. Transfer Procedures.
26
ARTICLE 5.6. EDUCATION REIMBURSEMENT PROGRAM
27
5.6.1. Required Professional Licenses and Registrations.
27
5.6.2. Professional Development.
27
5.6.3. Allowable Expenses.
27
5.6.4. Procedures for Reimbursement.
28
ARTICLE 5.7. UNIFORM ALLOWANCE
28
ARTICLE 5.8. SAFETY
28
ARTICLE 5.9. MISCELLANEOUS
28
5.9.1. Confidential Nature of Personnel Records.
28
5.9.2. Confidential Nature of Medical Records.
29
5.9.3. Outside Employment.
29
5.9.4. Gratuities/Solicitation of Contributions.
29
5.9.5. Return of City Equipment.
29
5.9.6. Political Activity.
29
5.9.7. Employment of Relatives.
29
5.9.8. Use of City Vehicles.
29
5.9.9. Labor/Management Meetings.
29
5.9.10. Contract Orientation Work Sessions.
30
5.9.11. Personnel Rules and Regulations.
30
5.9.12. Drug and Alcohol Policy (Non -DOT).
30
Table of Contents
CHAPTER 6. PROCEDURES 30
ARTICLE 6.1. DEMOTION AND SUSPENSION
30
6.1.1. Demotion.
30
6.1.2. Suspension.
31
ARTICLE 6.2. TERMINATION OF EMPLOYMENT
31
6.2.1. Resignation.
31
6.2.2. Termination Layoff.
31
6.2.3. Termination - Disciplinary Action.
31
6.2.4. Retirement.
31
6.2.5. Rejection During Probation.
32
ARTICLE 6.3. DISCIPLINARY ACTION
32
6.3.1. Right to Discipline and Discharge.32
6.3.2. Preliminary Notice.
32
6.3.3. Disciplinary Action and Appeal.
33
6.3.4. Sexual/Racial Harassment.
33
ARTICLE 6.4. GRIEVANCE PROCEDURE.
34
6.4.1. Definitions.
34
6.4.2. Procedure.
34
6.4.3. Arbitration.
35
6.4.4. General Provisions,
36
ARTICLE 6.5. POSITION RECLASSIFICATION PROCEDURE
36
6.5.1. Purpose.
37
6.5.2. Policy.
37
6.5.3. Creation of New Position.
37
6.5.4. Reclassification.
37
ARTICLE 6.6. FURLOUGH PROGRAM
38
6.6.1. Voluntary Time Off (VTO).
39
6.6.2. Mandatory Time Off (MT%
39
CHAPTER 7. MANAGEMENT RIGHTS
40
CHAPTER 8. RED UCTION IN FORCE
41
ARTICLE 8.1. AUTHORITY
41
ARTICLE 8.2. NOTICE
41
ARTICLE 8.3. ORDER OF LAYOFF
41
ARTICLE 8.4. SENIORITY
41
ARTICLE 8.5. BI.?MPING RIGHTS
42
ARTICLE 8.6. TRANSFER RIGHTS
42
ARTICLE 8.7. RE-EMPLOYMENT
42
8.7.1. General Guidelines.
42
8.7.2. Right to Re-employment
42
8.7.3. Time Limits.
43
8.7.4. Availability.
43
8.7.5. Probationary Status.
43
8.7.6. Restoration of Benefits.
43
This Memorandum of Understanding is entered into pursuant to the provisions of
Section 3500, et seq. of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in said
representation unit, and have freely exchanged information, opinions and
proposals and have reached agreement on all matters relating to the employment
conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the
City of San Rafael as the joint recommendation of the undersigned parties for
salary and employee benefit adjustments for the period commencing July 1, 2006
and ending June 30, 2009.
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 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 Association Of
Professional Employees represented by the Western Council of Engineers
(herein -after called "WCE") and shall apply to all employees of the City working in
the classifications and bargaining unit set forth herein.
1.1.2. Term.
This agreement shall be in effect from July 1, 2006 through June 30, 2009.
ARTICLE 1.2. RECOGNITION
1.2.1. Bargaining Unit.
The City hereby recognizes the Western Council of Engineers as the bargaining
representative for purpose of establishing salaries, hours, fringe benefits and
working conditions for all employees within the WCE. (As referenced in Exhibit "A"
and "D" attached).
1.2.2. Notice to Employees.
Whenever a person is hired in any of the job classifications set forth herein, the
City shall notify such person that the Western Council of Engineers is the
recognized bargaining representative for employees in that classification.
ARTICLE 1.3. DISCRIMINATION.
1.3.1. In General.
The parties to this contract agree that they shall not, in any manner, discriminate
against any person whatsoever because of race, color, age, religion, ancestry,
national origin, sex, sexual orientation, marital status, medical condition or
disability. Any employee alleging such discrimination should use the internal
administrative process explained in the City of San Rafael's Policy Aqainst
Harassment, Discrimination and Retaliation (Policy No. 140.03) to redress the
situation. Such employees shall be entitled to WCE representation but are not
entitled to seek redress using the grievance procedure of this MOU.
1.3.2. WCE Discrimination.
No member, official, or representative of the WCE 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 WCE.
ARTICLE 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the WCE agree to keep duplicate originals of this Memorandum
on file in a readily accessible location available for inspection by any employee or
member of the public upon request.
ARTICLE 1.5. EXISTING LAWS, REGULATIONS AND POLICIES
This agreement is subject to all applicable laws of the State of California, and
ordinances, regulations, and policies of the City of San Rafael.
ARTICLE 1.6. STRIKES AND LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out
employees, and the WCE agrees that it will not agree to, encourage or approve
any strike or slowdown growing out of any dispute relating to the terms of this
Agreement. The WCE 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.
ARTICLE 1.7. SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid
by operation of law, or by any tribunal of competent jurisdiction, or if compliance
with or any enforcement of any provision hereof be restrained by such tribunal, the
remainder of this Memorandum shall not be affected thereby, and the parties
shall, if possible, enter into meet -and -confer sessions for the sole purpose of
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arriving at a mutually satisfactory replacement for such article, paragraph or
section.
ARTICLE 1.8. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been
adopted through rules, regulation, ordinance or resolution, which are not
specifically superseded by this Memorandum of Understanding shall remain in full
force and effect throughout the term of this Agreement.
ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1. Understanding.
The parties jointly represent to the City Council that this Memorandum of
Understanding set forth the full and entire understanding of the parties regarding
the matters set forth herein.
1.9.2. Waiver & Modification.
Except as specifically otherwise provided herein, it is agreed and understood that
each party hereto voluntarily and unqualifiedly waives its right, and agrees that the
other shall not be required to meet and confer with respect to any subject or
matter covered herein, nor as to wages or fringe benefits during the period of the
term of this Memorandum.
The foregoing shall not preclude the parties hereto from meeting and conferring at
any time during the term of this Agreement with respect to any subject matter
within the scope of meeting and conferring by mutual agreement.
CHAPTER 2. WCE RIGHTS
ARTICLE 2.1. WCE STEWARDS
2.1.1. Designation.
The WCE shall, by written notice to the City Manager, designate certain of its
members as WCE Stewards. WCE Stewards shall be permitted reasonable time
for WCE activities including grievance representation. In all cases, the Stewards
shall secure permission from the Steward's supervisor before leaving a work
assignment. Such permission shall not be unreasonably withheld.
WCE Stewards for salary discussions shall be in accordance with the Meyers-
Milias-Brown (MMB) Act.
0?
2.1.2. Bulletin Boards.
Authorized representatives of the WCE shall be allowed to post WCE notices on
specified bulletin boards maintained on City premises.
ARTICLE 2.2. DUES DEDUCTION
2.2.1. Collection of Dues and Voluntary WCE Deductions
The City agrees to deduct dues and voluntary WCE deductions selected by
members as established by the WCE, from the salaries of its members. The
sums so withheld shall be remitted by the City, without delay, along with a list of
employees and their respective dues and voluntary deductions. The WCE bears
responsibility for allocating dues and voluntary deductions pursuant to employees'
requests.
2.2.2. Dues Collection During Separation from Employment.
The provisions specified above (2.2.1.) shall not apply during periods of
separation from the WCE 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 WCE. The term separation includes transfer out of the WCE,
layoff, and leave without pay absences with a duration of more than five (5)
working days.
2.2.3. Agency Shop.
The parties hereto recognize that, within the Agency shop provisions of this
agreement, WCE employees may opt to join the WCE or register as a fee payer
during the first thirty (30) days of their employment. Neither the City nor the WCE
will discriminate against any employee because of the exercise of their statutory
rights. The WCE agrees to its obligation to represent all of the employees in the
unit fairly and equally, without regard to their membership in the WCE.
All employees , as a condition of employment, either be required to belong to the
WCE or to pay to the WCE an amount equal to a fair share percentage of that
which would be paid by an employee who decides to become a member of the
WCE at the time of employment. Note: The WCE is obligated to annually inform
the City of the fair share amount.
The employee's earnings must be regularly sufficient after other legal and required
deductions are made to cover the amount of the dues or service fees check off
authorized. When an employee is in a non -pay status for an entire pay period, no
withholding will be made to cover the pay period from future earnings. In the case
of an employee who is in a non -pay status during only part of the pay period, and
the salary is not sufficient to cover the full withholding, no deduction shall be
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made. In this connection, all other legal and required deductions have priority
over WCE dues.
The WCE shall notify the City in writing as to the amount of such dues uniformly
required of all members of the WCE.
2.2.4. Indemnification.
Moneys withheld by the City shall be transmitted to the Treasurer of the WCE at
the address specified. The WCE shall indemnify, defend, and hold the City
harmless against any claims made, and against any suit instituted against the City
on account of check off of employee organization dues or service fees. In
addition, the WCE shall refund to the City any amount paid to it in error upon
presentation of supporting evidence.
CHAPTER 3. WAGES
ARTICLE 3.1 GENERAL WAGES AND REVENUE SHARING
3.1.1 Fiscal Year 06/07 General Wage Increase
Effective February 1, 2007, represented in the 2nd paycheck in March, the City
shall grant a 4.0% salary increase for all represented job classes (See Exhibit "A")
3.1.2. Fiscal Year 07/08 General Wage Increase
Effective July 1, 2007, represented in the 2nd paycheck in July, the City shall grant
a 3.0% salary increase for all represented job classes (See Exhibit "B").
3.1.3. Fiscal Year 08/09 General Wage Increase
Effective July 1, 2008, represented in the 2nd paycheck in July, the City shall grant
a 3.0% salary increase for all represented job classes (See Exhibit "C").
3.1.4 Compensation Goal and Compensation Definitions
It is the goal of the City Council to try to achieve a total compensation package for
all employees in the Western Council of Engineers represented by the WCE total
compensation 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, Alameda, Napa, Novato, Santa Rosa and,
2. The highest total compensation paid to the same or similar
classifications in the following agencies in Marin County: Marin County,
Novato and the Jr. Engineering class for the Marin Municipal Water
District.
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Total Compensation for survey purposes shall be defined as: Top step salary
(excluding longevity pay steps), educational incentive pay, holiday pay, uniform
allowance, employer paid deferred compensation (except for such portion that
may be part of employee cafeteria plan), employer's contribution towards
employees' share of retirement, employer's retirement contribution, employer paid
contributions toward insurance premiums for health, life, long term disability,
dental and vision plans, and employer paid cafeteria/flexible spending accounts.
3.1.5. Compensation Surveys
To measure progress towards the above -stated goal, the City and WCE will jointly
survey the identified benchmark position, Assistant Enqineer, in September of
each year of the contract. However, if General Tax Revenues, as defined in
Section 3.1.7 have not increased over the prior fiscal year, then the City and WCE
will not complete the compensation survey, unless it is the final year of this
Agreement.
Identified benchmark positions from other agencies include positions that are filled
as well as those that may be unfilled, so long as the benchmark position is
identified by the survey agency as being on the salary schedule and having a job
class description. Other city/agency positions are established as benchmark
positions in San Rafael's compensation survey based upon similar work and
similar job requirements.
Survey data will include all salary and benefit increases, as defined in 'total
compensation', 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 in this chapter. The City and the WCE shall review the benchmark and
related survey data for accuracy and completeness.
During each year of this contract, if there are any remaining General Tax
Revenues, after all benchmark positions have achieved the 'total compensation'
goal outlined above, then these excess General Tax Revenues can be used to
provide additional salary or benefit increases. The excess General Tax Revenues
are limited to 1% of total compensation as calculated by the survey results
completed in each year of this contract (as outlined in Section 3.1.3). The City
and the Association shall meet to review the General Tax Revenue calculations
and agree on how the excess 1% General Tax Revenues, if available, are
implemented. If no excess General Tax Revenues are available in any particular
year (after'total compensation' goal is reached), there is no obligation by the City
to provide for this 1 % excess General Tax Revenues sharing in subsequent years
(language specifically refers to no carry-over clause in this provision).
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3.1.6. Conditions for Revenue Sharing
Employees in WCE positions defined in this MOU shall receive Revenue Sharing
Increases, in accordance with the schedule in Section 3.1.8, in addition to the base
salary increases, if the following conditions are met:
a. If the total compensation goal, as outlined in Section 3.1.4 has not been
reached, and,
b. If growth in General Tax Revenues, as defined in Section 3.1.7, have
resulted in revenues being available for distribution, and,
c. The "net change in General Fund Balance", as presented in the previous
year's City annual audit, is positive.
If the above three conditions are met, then a Revenue Sharing salary increase shall
be paid prospectively, in accordance with the schedule in Section 3.1.8 and
calculation in Section 3.1.7.
In no event will total compensation increases available through the revenue
sharing provisions of this contract and provided for WCE employees 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.
3.1.7. Revenue Definitions and Revenue Sharing Calculations
General Tax Revenues shall be defined for this Chapter of the Memorandum of
Understanding to include the following taxes: Sales Tax, Property Tax (Secured,
Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax,
Hotel Occupancy Tax, Business License Tax and Franchise Fees. No other
revenue sources of the City will be included in this definition.
The City will complete the calculation of the General Tax Revenues in accordance
with the schedule in Section 3.1.8. If General Tax Revenues have not increased
over the prior fiscal year, then the City and WCE will not complete the
compensation survey as outlined in Section 3.1.5, unless it is the final year of this
Agreement.
If total compensation of the top step benchmark positions has not reached the
stated goal, then WCE employees shall be entitled to a revenue sharing increase,
subject to the conditions set forth in Section 3.1.6. 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.
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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 the
members of the WCE 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 the
members of the WCE 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 the
members of the WCE 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.
3.1.8 Schedule
a. September 7th- General Tax Revenues. The City shall make known to
the WCE if General Tax Revenues have grown from the prior fiscal year on
September 7th of each year of this contract. If no growth in General Tax
Revenues has taken place, there shall be no Revenue Sharing for that
fiscal year of the contract.
b. November 1St - Net Change in General Fund Balance. By November 1st
of each year, the City shall make known to the WCE 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
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January 1St — Base Monthly Pay Increases. January 1St pay period shall be the
start date (for paycheck date of January 31St) for each Revenue Sharing Salary
increase.
ARTICLE 3.2. STEP INCREASE
3.2.1. Entry Level Step.
All initial employment shall be at the first step of the salary range, provided that
the City Manager may make an appointment to a position at an appropriate higher
salary when, in his/her opinion, it is necessary to obtain qualified personnel, or
when it appears that the education or experience of a proposed employee is
substantially superior to the minimum requirements of the class and justifies a
beginning salary in excess of the first step.
3.2.2. Consideration for Step Increase.
An employee may be considered for a salary step increase in accordance with the
time interval established in the salary plan, as referenced in Exhibit "A". Unless
otherwise noted, salary step increases within established salary ranges are
scheduled at yearly intervals. Advancement to a higher salary step within an
established salary range is granted for continued improvements and efficient and
effective work by the employee in the performance of his/her duties.
3.2.3. Merit Increases.
Accelerated merit performance step increases of five percent (5%) may be
granted an employee based upon the recommendation of the Department Director
and approved by the City Manager. Employees at the maximum step of their
salary range may be granted a merit performance step increase of five percent
(5%) above and beyond their salary range. A merit step increase may be effective
for up to one (1) year. A merit step increase may be withdrawn and is not a
disciplinary action and is not appealable.
3.2.4. Anniversary Date.
Effective 1-1-89, the anniversary date for employees promoted on or after this
date shall remain unchanged. Based upon job performance as measured by a
Performance Evaluation, employees may receive consideration for a step increase
within their salary range on their anniversary date.
3.2.5. Promotions.
Employees promoted to higher-level positions shall be placed at the step in the
new salary range that will provide, at a minimum, a five (5%) increase (unless that
would exceed the top step in the salary range).
PO
3.2.6. Performance Evaluation.
Prior to the completion of the probationary period, a minimum of one performance
evaluation report shall be reviewed with the employee, but such report and review
shall not be required prior to separating an employee during the probationary
period if the City, in its discretion, determines that the probationary employee has
engaged in misconduct or other intentional acts which warrant separation.
Upon completion of the probationary period, a performance report shall be
prepared and reviewed yearly thereafter for each employee in the Classified
Service, as a means of determining whether in -grade salary increases are
merited, and/or as a means of improving employee performance and
communication between supervisors and subordinates.
ARTICLE 3.3. SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified, the incumbent shall be affected as outlined
below:
3.3.1. To a lower classification.
When a position is re -allocated to a lower classification. The incumbent is either:
1. Transferred to a vacant position in the former classification; or
2. If the incumbent's current salary is greater than the top step of the lower
classification, Y -rated at the current salary until the salary of the lower
classification is at or above the Y -rate.
3.3.2. To a different classification with the same salary range.
When a position is reallocated to a different classification with the same salary
range, the incumbent shall be granted the same status in the new classification, in
which he/she shall be paid at the same step of the range and shall maintain the
same salary rights.
3.3.3. To a higher classification.
When a position is reclassified to a classification with a higher salary range, the
incumbent is moved into the higher classification with the position, except in the
circumstances prescribed below. Placement in the salary range shall be in
accordance with the appropriate salary pay plan.
If the duties upon which the reclassification are based could have been assigned
to any of a number of employees in that classification within the division or
department, then a promotional exam is held for the reclassified position. Such an
exam is a departmental only recruitment limited to employees within that
classification. If the incumbent is not successful in this competitive process,
she/he is assigned to the position vacated by the promotion.
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ARTICLE 3.4. COMPENSATION PLAN
The Compensation Plan adopted by the City Council shall provide for salary
schedules, rates, ranges, steps and any other special circumstances or items
related to the total compensation paid employees.
Each position within the classified services shall be allocated to its appropriate
class in the classification plan on the basis of duties and responsibilities. Each
class shall be assigned a salary range or a rate established in the salary plan. All
persons entering the classified service shall be compensated in accordance with
the salary plan then in effect.
All initial employments shall be at the first step of the salary range. The City
Manager or his/her designee may authorize, upon the recommendation of the
Appointing Authority, a position at an appropriate higher salary when, in his/her
opinion, it is necessary to obtaining) qualified personnel or when it appears that
the education or experience of a proposed employee is substantially superior to
the minimum requirements of the class and justifies a beginning salary in excess
of the first step.
ARTICLE 3.5. PAY DATES
City employees are paid twice per month on the 15th and the last working day of
the month. When a holiday falls on a payday, the payday will be transferred to the
following day of regular business unless Finance is able to complete the payroll by
the previous workday. The method of the distributing payroll shall be established
by the Director of Finance.
ARTICLE 3.6. PROBATIONARY PERIOD
3.6.1. Purpose of Probation.
After passing an examination and accepting appointment, each employee shall
serve a period of probation beginning on the date of appointment. Such period
shall be for the purpose of determining the employee's ability to perform
satisfactorily the duties prescribed for the position.
3.6.2. Length of Probationary Period.
The probationary period on original and promotional appointment shall be for one
(1) year.
3.6.3. Rejection During Probation.
During the probationary period, an employee may be rejected at any time by the
Appointing Authority without the right of appeal.
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3.6.4. Notification of Rejection.
On determining that a probationary employee's work is not satisfactory, the
Appointing Authority shall notify the Human Resources Director in writing of
his/her intention to terminate the employee. After discussion with the Human
Resources Director, the Appointing Authority shall notify employee in writing of
his/her rejection.
3.6.5. Extension of Probationary Period.
The probationary period shall not be extended except in the case of extended
illness or injury or compelling personal situation during which time the employee
was unable to work. In such cases, the probationary period may be extended for
the length of time the ill or injured employee was unable to work.
3.6.6. Regular Status.
Regular status shall commence with the day following the expiration date of the
probationary period.
3.6.7. Promotion of Probationary Employee.
An employee serving a probationary period may be promoted to a position in a
higher position classification provided he/she is certified from the appropriate
Eligible List. The employee promoted in this manner shall serve a new
probationary period for the position to which employee is promoted and the new
probationary period and promotional appointment shall be effective the same
date.
3.6.8. Unsuccessful Passage of Promotional Probation.
An employee who does not successfully pass his/her promotional probationary
period shall be reinstated to the position in which the employee held regular status
prior to his/her promotion. Provided, however, that if the cause for not passing the
promotional probationary period was sufficient grounds for dismissal, the
employee shall be subject to dismissal without reinstatement to the lower position.
3.6.9. Lateral Transfer Probation.
Voluntary transfers to another job classification, within the same salary range,
shall require a six (6) month probationary period. In the event of unsuccessful
passage of this period refer to 3.6.8.
ARTICLE 3.7. SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
3.7.1. Out -of -Class Compensation.
Employees assigned in writing by their supervisor to perform work in a higher paid
classification, shall be compensated at a rate 5% greater than the employee's
current base salary. The out -of -class increase shall be retroactive to the first day
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of the assignment. If the assignment extends beyond four consecutive weeks,
then the employee shall be compensated at the lower step of the classification
within which the duties fall if that is greater.
3.7.2. Shift Differential Pay
• A three percent (3%) shift differential shall be paid for all employees in
these represented bargaining groups who are regularly scheduled to work
fifty percent (50%) or more of their shift between the hours of 5:00 p.m. and
11:00 P.M.
• A five percent (5%) shift differential shall be paid for all employees in these
represented bargaining groups who are regularly scheduled to work fifty
percent (50%) or more of their shift between the hours of 11:00 p.m. and
7:00 a.m.
• Employees in job classes not identified in this section who are assigned to
work the swing or graveyard shift time periods on a temporary basis and/or
on an overtime basis are excluded from shift differential pay for those time
periods.
• Shift differential shall not be considered an additional percentage on salary
for personnel involved, but shall apply only to hours actually worked; e.g.,
differential does not apply to sick leave, vacation or compensatory time, but
does include overtime for employees regularly assigned to the swing or
graveyard shifts.
3.7.3. Bilingual Pay Incentive
Within the job classifications represented by the WCE, provisions are hereby
established whereby an employee may receive bilingual pay for full fluency in a
foreign language.
Full fluency is defined as a skill level that will allow the employee to fully assist
someone else who does not speak English in coping with situations or problems
by translating for, conversing with and/or reading or writing written material.
An employee can petition to his/her Department Director for this bilingual pay
incentive. With the Department Director's recommendation and on review by the
Human Resources Director and approval of the City Manager the employee may
begin to receive this bilingual pay incentive.
Criteria for approval of the bilingual pay incentive by the City Manager includes:
a. Certification by a recognized school of the appropriate skill level; and/or
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b. Demonstrated ability of the proficiency level on the job; and
c. Department Director's recommendation and statement that the bilingual
skill of the employee can be of value to the department and the employee
in the completion of their regular work assignments.
An employee approved for the bilingual pay incentive shall receive an additional
$150.00 per month above their base salary.
This bilingual pay incentive shall be reviewed annually and shall continue as long
as the employee demonstrates (by work experience or re -testing, as determined
by the City of San Rafael) the full fluency skill level; and as long as the
Department Director indicates the value of this skill to the department and the
employee in the completion of their regular work assignments.
Removal of the bilingual pay incentive would be considered a non -disciplinary
action and as such would not be subject to any appeal/grievance procedure.
CHAPTER 4. BENEFITS
ARTICLE 4.1. HEALTH AND WELFARE
4.1.1. City Contribution.
The City shall contribute toward City offered health insurance premiums for active
employees in accordance with the chart below.
Paycheck Effective
Health Base
Flexible
Total
Date
Benefits
lDec. 15, 2007
$681
$234
$915
March 15, 2007
$681
$300
$981
I Dec. 15, 2007
$681
$447
$1128
Dec 15, 2008
$752
$545
$1297
Active employees will have a Flexible Spending Account, as listed in the above
chart, that may be used to pay for excessive, over the base level above, employee
cost(s) to enroll in City offered group Accident, Life and Disability insurance plans.
Selection of coverage must include the $5,000 basic group life insurance program
and the employee's basic health plan (unless employee can provide proof of other
health insurance coverage).
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4.1.2. Pay Back Provision.
For active employees, the difference between the allotted amount (base level and
Flexible Spending Account) and the cost of the City -offered Health, Accident, Life
and Disability insurance plans will be paid back to the employee up to a maximum
$150/month. Pay back is pro rated for part time employees covered by this
Agreement.
4.1.3. Health Insurance.
The City shall have the option, after meeting and consulting with WCE
representatives, of either contracting with the Public Employees Retirement
System (PERS) Health Benefits Division for health insurance or contracting
directly with some or all of the providers of health insurance under the PERS
program; provided, however, contracting directly with the providers shall not cause
any material reduction in insurance benefits from those benefits available under
the PERS program.
4.1.4. Retirees Health Insurance.
Employees retiring from the City of San Rafael, and within 120 days of leaving
City employment, shall receive the health base contribution according to the chart
in 4.1.1 towards the cost of the health insurance plan they are enrolled in through
the City. There are no pay back provisions for retirees.
4.1.5. 125 Plan.
The City will offer a 125 Plan as long as such a plan is desired by the WCE and
available pursuant to the IRS Code. 125 Plans offered by the City include:
a. 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. Employees must have passed
their initial probation period on or before the December 31 st prior to each
enrollment calendar year (example: employee must have successfully
completed this probation by 12/31/05 in order to enroll for calendar year
2006). Employees separating from City service prior to re -payment of City
advanced medical expense reimbursement shall have said amount
deducted from final check.
b. Dependent care expenses that qualify under the IRS Code at the IRS Code
limit (currently $5,000 per calendar year). Employees are responsible to
pay the monthly administrative fee and any increase established by the
third party administrator.
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c. Excess Medical premiums shall be deducted from employee's pay with pre-
tax dollars as long as such deduction is allowable under the applicable IRS
Code.
The City shall establish an annual enrollment period and each employee must re -
enroll annually for either plan noted in a. and/or b. The City shall have the
authority to implement changes to the 125 Programs to comply with changes in
applicable IRS laws without having to go through the meet and confer process.
4.1.6. Pro Rata Benefit Rules.
Employees covered by this Agreement who work less than full time but more than
twenty (20) hours per week on a regular basis shall be eligible to receive: a) pro
rated leave benefits; b) a pro rated share of the monthly dollar contribution made
by the City to be used for enrollment in City offered group health, life, and long
term disability insurance plans which the employee may be eligible for based upon
the regular hours the employee works, and c) pro rated share shall be equivalent
to the part time employee position's ratio of hours worked to full time equivalency.
4.1.7. Vision Insurance.
The City will pay a monthly premium cost (not to exceed $10.55/mo. per employee)
to enroll WCE members in a vision plan. Employees are eligible to enroll qualified
family members provided the employee pays the entire premium for his/her
dependent's vision coverage.
ARTICLE 4.2. DENTAL INSURANCE
The City will provide a dental insurance program which offers 100% coverage for
diagnostic and preventative care; $25.00 deductible on corrective care (80/20);
and an 80% payment of eligible costs associated with crown and cast restoration
per patient per calendar year and orthodontic coverage for eligible dependents
(50/50). The dental provider will provide payments for covered services at the
percentage indicated in the plan booklet up to a maximum of $1,500 for each
enrollee in each calendar year.
Effective January 1, 2002 dental insurance enrollment will be available to part
time, permanent employees working at least 20 hours per week (FTE level of
position). The City's contribution towards the monthly dental insurance premium
will be prorated based on the FTE level of the part time employee.
ARTICLE 4.3. JOINT BENEFIT COMMITTEE ARTICLE
Both parties agree to continue to utilize the Joint Benefits Committee for ongoing
review of benefit programs, cost containment and cost savings options. The
Committee shall be made up of representatives of the Miscellaneous,
Supervisory, Confidential, WCE, Police, Fire and Management employees.
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ARTICLE 4.4. STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically
deducted from their paycheck and no City contribution will be made toward
participation in the plan.
It is incumbent upon the employee to keep the City advised of their medical status
and eligibility for SDI. With this notification, SDI benefits, as determined by the
State, shall be integrated with accrued sick and vacation leave in the following
manner:
1. Employee notifies supervisor of disability and need for time off. At the
same time, employee files for SDI through the State Office.
2. Supervisor verifies from leave records the employee's accrual balances
and projects whether or not employee would, under normal
circumstances, be placed in a leave without pay status during the time
off period.
3. Personnel Action Form (PAF) is completed by the supervisor to
document request and approval of extended leave.
4. Human Resources Department, on receipt of PAF, contacts employee
and supervisor to discuss availability of coordination of SDI with leave
benefits.
5. Employee's time off is recorded as sick leave and, if necessary, then
vacation leave on time cards submitted by the supervisor to the Payroll
Office.
6. On receipt of the SDI checks, employee endorses the checks over to
the City of San Rafael.
7. Based upon employee's hourly rate of pay, the Payroll Office computes
how much used sick and/or vacation leave time the employee may buy
back, and credits the employee with those hours. NOTE: The employee
may not buy back more than accrued at or during the time of the
disability.
8. The Human Resources Department, after notification from Payroll,
notifies the employee when they have used all accrued sick and/or
vacation time and when leave without pay status (LWOP) begins.
Excluding qualifying FMLA/CFRA leave, once the employee is on
LWOP they would keep any SDI checks received and would be fully
responsible for the monthly health, dental and life insurance premiums if
they chose to remain in the group plans.
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ARTICLE 4.5. RETIREMENT
4.5.1 City Paid Employee Retirement
WCE 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.
4.5.2 Retirement Plans
On July 1, 2004, 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.
4.5.3. Member Cost of Living Rates
Effective July 1, 2003, Association members who are eligible to participate in the
Marin County Employee Retirement Association will pay their full share of
members' cost of living rates as allowed under Articles 6 and 6.8 of the 1937
Retirement Act. Miscellaneous and safety member contribution rates include both
the basic and COLA portions (50% of COLA is charged to members as defined in
the 1937 Act).
4.5.4. Service Credit for Sick Leave
Employees who retire from the City of San Rafael shall receive, within 120 days of
leaving City employment (excludes deferred retirements), employment service
credit for retirement purposes only, for all hours of accrued, unused sick leave
(exclusive of any sick leave hours they are eligible to receive and they elect to
receive in compensation for at the time of retirement) (see 4.6.5.).
ARTICLE 4.6. SICK LEAVE
4.6.1. Eligibility.
Sick leave with pay shall be granted to each eligible employee. Sick leave may
not be used at an employee's discretion, but shall be allowed only in case of
necessity and actual sickness or disability. The employee is required to notify
employee's immediate supervisor or Department Director according to department
Rules and Regulations at the beginning of his/her daily duties. The City has the
right to request a medical verification from an employee who is absent from
his/her duties for two (2) or more consecutive workdays. The verification shall be
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either a physician's certificate or the employee's personal affidavit verifying the
employee's eligibility for sick leave.
4.6.2. Accumulation.
All eligible full time employees shall earn sick leave credits at the rate of one (1)
working day per month commencing with the date of employment. Unused sick
leave may be accumulated to any amount but a cap exists for payoff purposes
(see 4.6.5.). The sick leave accrual rate is prorated for eligible part time
employees.
4.6.3. Use of Sick Leave.
An employee may use accrued sick leave during their probationary period. An
employee eligible for sick leave with pay shall be granted such leave for the
following reasons:
Personal illness of the employee or illness within the immediate family
(family member means an employee's spouse and any unmarried child,
including adopted child, a stepchild, or recognized natural child who
lives with the employee in a regular parent-child relationship), or
physical incapacity of the employee resulting from causes beyond the
employee's control; or
2. Enforced quarantine of the employee in accordance with community
health regulations; or
3. Medical appointments that cannot be scheduled during non -working
hours
4. Personal illness of an employee's parent (excludes in-laws) that require
the employee to attend to their care.
NOTE. Except that in 1. and 2. above, an employee may not use sick leave for a
work related injury and/or illness once said employee has been determined
permanent and stationary and unable to return to their position with or without
reasonable accommodation.
4.6.4. 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.
4.6.5. Compensation for Unused Portion.
Upon termination of employment by resignation, retirement or death, a regular
employee who leaves the City service in good standing shall receive
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compensation for all accumulated unused sick leave based upon the following
formula: a rate of three percent (3%) for each year of service (i.e., 3% times
number of employment service years). The maximum number of accumulated,
unused sick leave an employee may be compensated for upon termination of
employment is 600 hours. See 4.5.4. regarding service credit option for
accumulated, unused sick leave that the employee is not compensated for upon
termination.
ARTICLE 4.7.
4.7.1 Eligibility
VACATION LEAVE
Annual vacation with pay shall be granted each eligible employee. Vacation leave
accrual shall be prorated for those employees working less than full time.
Employees will be permitted to use accrued vacation leave after six (6) months of
employment subject to the approval of the department head.
4.7.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full
time employee (part time regular are prorated) shall accrue vacation at the
following rate for continuous service. (Each service year in the chart begins on the
first working day and ends on the last days of the service year.)
Service Year
1-3
4
5
6
7
8
9
10
11
12
13
14
15
Annual Hours
75.000
112.500
117.867
123.234
128.601
133.968
139.335
144.702
150.000
157.500
165.000
172.500
180.000
1 16+ 187.500
When an employee is on an approved leave without pay,
prorated based upon paid hours in the pay period.
4.7.3 Administration of Vacation Leave
Hours/Month
6.2500
9.3700
9.8222
10.2695
10.7167
11.1640
11.6110
12.0580
12.5000
13.1250
13.7500
14.3750
15.0000
15.6250
vacation accrual is
The City Manager, upon the recommendation of the department head, may advance
vacation credits to any permanent regular and permanent part-time employee.
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No employee may accrue more than 250 hours. Vacation accruals will resume
once the employee's accumulated vacation balance falls below the allowable cap
limit.
The time at which an employee may use his/her accrued vacation leave and the
amount to be taken at any one time, shall be determined by employee's
department head with particular regard for the needs of the City but also, insofar
as possible, considering the wishes of the employee.
The maximum amount of vacation leave that may be taken at any given time shall
be that amount that has accrued to the employee concerned, subject to the
department head's approval. The minimum amount of vacation that may be taken
at any given time shall be one-half (1/2) hour. Vacation leave granted by the City
and used by an employee shall be deducted from the employee's vacation leave
bank.
In the event that one or more City holidays falls within an annual vacation leave,
only those hours that the employee is regularly scheduled to work shall be
charged against any employee's accrued vacation.
Upon termination, an employee shall be compensated in cash at his/her current rate
of pay for any vacation accrued but not taken, up to the maximum accrual cap,
provided that the employee has successfully completed his/her initial probationary
period.
4.7.4 Vacation Cash In
a. One time Vacation Cash In: As of December 31, 2006, the City will
require a one-time vacation buy down for those employees whose vacation
accrual is above 225 hours. This one time payment will be made with the
first paycheck in March 2007. This one time buy -down will bring employees
under the vacation cap as defined in Section 4.7.3 allowing for additional
accrual time. This one time payment will not affect the employee's ability to
participate in the annual vacation cash in for 2007 and subsequent years.
b. An employee who has taken at least ten (10) days vacation in the preceding
twelve (12) months may request, in any fiscal year that accrued vacation, not to
exceed seven (7) days, be converted to cash payments and the request may be
granted at the discretion of the City Manager. Employees cannot cash in more
than seven (7) days of vacation in any one twelve (12) month period.
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ARTICLE 4.8. HOLIDAYS
4.8.1. Paid Holidays.
All employees who are required to work on a day designated as an authorized
holiday, other than a day on which an election is held throughout the state, shall
be paid at the applicable rate of pay for the number of hours actually worked.
When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday
holiday or the Monday following a Sunday holiday shall be deemed to be a holiday
in lieu of the day observed.
The following holidays will be observed:
January 1st:
New Year's Day
The third Monday in January:
Martin Luther King Day
The third Monday in February:
Washington's Birthday
March 31St
Cesar Chavez Day
The last Monday in May:
Memorial Day
July 4th:
Independence Day
The first Monday in September:
Labor Day
November 11:
Veteran's Day
The fourth Thursday of November:
Thanksgiving Day
The fourth Friday of November:
Day after Thanksgiving
December 25th:
Christmas Day
In addition to designated holidays, employees in this Unit receive two (2) floating
holidays. Floating holidays not used are added to employee's vacation balance.
ARTICLE 4.9. OTHER LEAVES
4.9.1. Bereavement Leave.
In the event of the death of an employee's spouse, child, parent, brother, sister,
in-laws, relative who lives or has lived in the home of the employee to such an
extent that the relative was considered a member of the immediate family and/or
another individual who has a legal familial relationship to the employee and
resided in the employee's household, up to three (3) days within the State and up
to five (5) days out-of-state may be granted for bereavement leave.
In those cases where the death involves an individual who had such a relationship
with the employee, as defined above, the employee shall sign a simple affidavit
describing the relationship and submit this to the Department Director as part of
the request for bereavement leave.
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4.9.2. Military Leave.
Military leave shall be granted in accordance with the State of California Military
and Veteran's Code as amended from time to time. All employees entitled to
military leave shall give the appointing authority and the Department Director an
opportunity, within the limits of military regulations, to determine when such leave
shall be taken.
4.9.3. Leave of Absence Without Pay.
Leave of absence without pay may be granted by the City Manager upon the
written request of the employee. Accrued vacation leave must be exhausted prior
to the granting of leave without pay.
4.9.4. 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 City Manager's office coordinates benefits for Workers'
Compensation claims. For further information, see the Industrial Accidents and
Injuries section of the City's Injury and Illness Prevention Program.
All regular, full time employees of the City who have suffered any disability arising
out of and in the course of their employment as defined by the Workers'
Compensation Insurance and Safety Act of the State of California, and who are
receiving or shall receive compensation from the insurance carrier for such
disability, and during the first seven (7) days after such disability when
compensation is not paid by the insurance carrier, shall be entitled to remain
absent from duty with pay until such time as they are able to return to duty or
some other final disposition is made of their case; provided, however,
compensation leave payments shall not exceed the following limitations:
a. 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. Workers'
compensation checks due the employee will be made payable to the City of
San Rafael and the employee. After said check is properly endorsed, it
shall be deposited with the City Treasurer.
b. All other employees shall be entitled to such compensation as may be
allowed them by the Workers' Compensation Insurance and Safety Act of
the State of California.
NOTE: Refer to 4.6.3. for qualifications regarding use of accrued sick
leave.
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4.9.5. Jury Duty.
Employees required to report to jury duty shall be granted a leave of absence with
pay from their assigned duties until released by the court, provided that the
employee provides advance notice to the Appointing Authority and remits to the
City all per diem service fees except mileage or subsistence allowance within thirty
days from the termination of such duty.
4.9.6. Family Medical Leave.
Family leave shall be granted in accordance with the federal Family and Medical
Leave Act of 1993 and the California Family Rights Act of 1991. Requests for
Family Care Leave are submitted to the employee's Department Director for
approval and reviewed by the Human Resources Director for consistency with the
law prior to approval. Employees approved for this type of leave must use
appropriate accrued and unused vacation leave and/or compensatory time before
going on leave without pay status. Accrued and unused sick leave may be used if
appropriate and requested. Sick leave usage is to be consistent with sick leave
provisions of the M.O.U. To be eligible for this family leave benefit, an employee
must have worked continuously for the City of San Rafael for at least 12 months.
An eligible employee may use family medical leave:
• For the birth or placement of a child for adoption or foster care;
• To care for an immediate family member (spouse, child or parent) with a
serious health condition; or,
• To take medical leave when the employee is unable to work because of
a serious health condition.
An employee shall be entitled to twelve (12) weeks of leave of absence, which
need not be consecutive, subject to the conditions indicated herein and the law.
If the employee's spouse is employed by the City, the total time allowed for family
medical leave shall be twelve (12) weeks in any one calendar year.
The City shall continue to provide paid coverage of health benefits for the duration
of the approved leave of absence.
4.9.7. Catastrophic Leave
Employees shall refer to City policy #140.19
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CHAPTER 5. TERMS AND CONDITIONS
ARTICLE 5.1. WORK WEEK
The WORK WEEK will reflect a thirty-seven and one-half (37-1/2) hour work week
and a work day of seven and one-half (7-1/2) hours for all represented job classes
in this Agreement and all accruals and usages in the contract will reflect a seven
and one-half (7-1/2) hour work day. Nothing herein will prevent a Department
Director, in his/her discretion, from adopting a flexible schedule or variable
workweek by either meeting or conferring with the WCE or the consent of the
affected employee(s).
ARTICLE 5.2. OVERTIME
Shall mean actual time authorized and worked beyond the regular workweek or
workday. A work or duty week shall be defined as seven (7) consecutive calendar
days. Overtime is compensable to the nearest half-hour, and must have prior
authorization and approval of the Department Director.
Each Department Director shall have the authority to designate certain job
classifications for mandatory overtime in emergencies. In the event the
Department Director determines that there is a staffing need during an
emergency, the Department Director shall first make a reasonable effort to seek
qualified volunteers to work overtime during the emergency. If the Department
Director determines that there are an insufficient number of volunteers, or if time
constraints prevent the soliciting of volunteers, the Department Director may order
employees in the designated classifications (may vary depending on the
emergency but primarily relates to job classifications in the Street Division of
Public Works) to report to work in overtime status to address the emergency.
ARTICLE 5.3. COMPENSATORY TIME POLICY
With the Department Director's approval, compensatory time, in lieu of overtime
pay, may be taken subject to the following rules:
5.3.1. Accrual Limit.
Employees may accrue up to 115 hours of compensatory time after which said
employee must accept overtime pay in lieu of accruing additional compensatory
time.
5.3.2. Overtime Rate.
Employees who work overtime may be paid for it at the rate of time and one-half
or may accrue compensatory time at a rate of time and one-half, subject to the
limitations in 5.3.1. Employees who elect compensatory time must take the time
off, preferably within the quarter during which it was earned, and shall not be paid
for it.
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ARTICLE 5.4. CALL-BACK DUTY
5.4.1. Compensation When Not Assigned to Call Back Duty.
When an employee not assigned to standby duty is called back to duty, the
employee shall receive compensation for a minimum of four (4) hours.
ARTICLE 5.5. TRANSFERS /REASSIGNMENTS
5.5.1. Types of Transfers.
Transfers may be within the same department (intra -departmental) or between
departments (inter -departmental). The requirements for each are as follows:
a. Intra -departmental transfers.
The Appointing Authority shall have the authority to transfer an employee
from a position in one division of a department to a position in the same or
similar classification with the same salary range, in the same division or to
another division of the same department (at any time and for any duration).
b. Inter -departmental transfers.
An employee may transfer from a position in one (1) department to a
position in the same or similar classification in another department,
provided the consent of the two Appointing Authorities and the City
Manager is obtained.
c. Voluntary Transfers.
An employee may make a written request for transfer to the Human
Resources Director to a position in the same or similar classification with
the same salary range. Such a transfer may be made on the
recommendation of the affected Department Director(s) and the approval of
the City Manager.
5.5.2. Minimum Qualifications.
Any persons transferred to a different position shall possess the minimum
qualifications for the position.
5.5.3. Transfer Procedures.
The City Manager may authorize the transfer of an employee from one position to
another of the same or comparable class of work and where the same general
type of examination is given for entrance to such a position.
Transfers from one department to another department having a different
jurisdiction or different function shall be done only with the consent of the
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Department Directors, involved, unless such a transfer is ordered by the City
Manager for purpose of economy or efficiency.
Employees who have completed their initial probation may seek voluntary
transfers to positions within the same job class, and/or lower level job classes as
long as the employee meets the minimum qualifications for the position.
Employees seeking transfer should submit a completed application to the Human
Resources Department. As vacancies occur, transfer candidates may receive
consideration along with those on the eligibility list.
ARTICLE 5.6. EDUCATION REIMBURSEMENT PROGRAM
5.6.1 Required Professional Licenses and Registration.
The City shall continue to reimburse employees for the fee charged by the State
of California for any renewal fees for their professional registration(s) as a Civil or
Traffic Engineer, or for any other engineering registrations which employees may
hereafter receive, which are required by the employee's position. Verification of
the renewal of the professional registration is required in order to receive the
reimbursement.
5.6.2 Professional Development
For each year of this MOU, each employee shall receive reimbursement up to a
maximum of two hundred twenty-five dollars ($225.00) for professional
development. The monies allocated under this section shall be job-related and/or
related to an employee's potential career advancement in his/her field. It is agreed
that the Professional Development Expenditure is not a substitute for the Public
Works' Department's training budget.
5.6.3 Allowable expenses
Reimbursement under this Section is intended to include items which related to an
employee's job classification and/or which promote and enhance an employee's
development of skills, expertise and education in her/his profession. The items
may include, but are not limited to the following:
• Technical and educational books;
• Subscriptions to professional journals or magazines;
• Membership dues to professional organizations which are related to current
employment, including but not limited to the American Society of Civil
Engineers, traffic engineering associations and water engineering issues -
related associations;
• Registration, application, or examination fees for registration or certification
within his/her profession, as well as for preparatory courses or materials for
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such a registration exam;
Tuition, fees and books for successful completion of courses related to an
employee's job or professional development. If the course is graded,
reimbursement will be dependent upon at least a passing grade (C or
better, Pass or Complete) in the course;
Registration fees, materials and expenses, including travel expenses,
related to attendance at seminars and conferences to be job related and/or
will assist the employee to prepare for career advancement, prior
supervisor approval is necessary for this expense.
5.6.4 Procedures for Reimbursement
All receipts for reimbursement, whatever the aggregate value, must be submitted
as soon as possible after the expense is incurred, but must, in any event, be
submitted before the end of the fiscal year.
The decision as to whether expenditures under this section are eligible for
reimbursement under this section will be made by the Department Head.
Requests for reimbursements will not be unreasonably denied. If the request for
reimbursement is denied, the Department Head must state, in writing, the reasons
for the denial. The employee and a representative of WCE, if requested by the
employee, shall meet with the Department Head to discuss the reasons for the
denial, and the employee will have an opportunity to state why such
reimbursement is appropriate.
ARTICLE 5.7. UNIFORM ALLOWANCE
A safety shoe allowance of $130.00/year will be provided to members of WCE
who have field assignments in or about construction sites or have related
activities. Payment shall be made on the first paycheck in December
ARTICLE 5.8. SAFETY
The City of San Rafael is committed to providing a safe and healthy place to work.
The City shall furnish safety devices and safeguards, and shall adopt and use
methods and processes adequate to ensure that the work place is safe and
healthy. Employees are expected to obey safety rules and make proper use of
safety gear and equipment. The City's safety policies and procedures shall
comply with all applicable state laws related to a safe work environment.
ARTICLE 5.9. MISCELLANEOUS
5.9.1. Confidential Nature of Personnel Records.
All personnel records and files and examination materials are confidential. The
Human Resources Director shall take all necessary steps to protect the
confidentiality of those materials. Disclosure of such records shall be governed by
the Public Records Act, Government Code Sections 6250, et. seq. Individual
employees may review their official personnel file maintained by the Human
Resources Department and/or respective appointing authority. With the written
consent of the employee, the authorized representative of the recognized
employee organization may also review that personnel file.
5.9.2. Confidential Nature of Medical Records.
All medical records and files are the property of the City of San Rafael. These
confidential records and files are to be maintained in a file separate from the
employee's personnel file in the Human Resources Department. Disclosure of
such records shall be governed by the Public Records Act, Government Code,
Section 6250, et. seq.
5.9.3. Outside Employment.
Employees shall abide by City Policy #140.07.
5.9.4. Gratuities/Solicitation of Contributions.
Shall be governed by the City's Personnel Rules and Regulations.
5.9.5. Return of City Equipment.
Upon termination of employment, all tools, equipment, and other City property
assigned to an employee shall be returned.
5.9.6. Political Activity.
The political activity of City employees shall comply with pertinent provisions of
State and Federal Law.
5.9.7. Employment of Relatives.
Shall be governed by the City's Personnel Rules and Regulations.
5.9.8. Use of City Vehicles.
Public Works Supervisors, at the direction of the Department Director, will be
allowed to take a City vehicle home in emergency conditions.
5.9.9. Labor/Management Meetings.
During the term of the Agreement, the City and the WCE agree that consultation
meetings may contribute to improved employer-employee relations. Issues
relating to the usage of volunteers and temporary/part-time/seasonal employees,
promotional opportunities, and the implementation of safety programs will serve
as a basis for initial agenda items to be discussed and acted upon.
The committee shall be comprised of two (2) representatives from the Western
Council of Engineers and representatives from City Management as well as the
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WCE Executive Director and the Human Resources Director. The parties agree
that committee members may change depending on the subject matter.
Meetings may be requested by either party. The party requesting the meeting
shall submit a proposed agenda and the receiving party shall acknowledge and
confirm the date, time and location of the requested meeting. It is intended that
the subject matter will not include issues subject to Article 6.4 Grievance
Procedures.
5.9.10. Contract Orientation Work Sessions.
The City and the WCE agree that the individuals having responsibility for the
enforcement of the Agreement, WCE Stewards and Department
Directors/Supervisors shall participate in an Annual Contract Orientation Work
Session for the purpose of obtaining a better understanding of the provisions of
the contract. These work sessions shall be held on City time and facilities.
5.9.11. Personnel Rules and Regulations.
The WCE agrees to accept the revision to the City's Personnel Rules and
Regulations dated April 20, 1991.
5.9.12. Drug and Alcohol Policy (Non -DOT)
The City and the WCE agree to the general drug and alcohol policy outlined and
presented as an exhibit to this Memorandum of Understanding (Safety sensitive
job classes should refer to the DOT Drug and Alcohol Policy previous agreed to by
the parties for the specifics of that policy).
CHAPTER 6. PROCEDURES
ARTICLE 6.1. DEMOTION AND SUSPENSION
6.1.1. Demotion.
The Appointing Authority may demote an employee when the following occurs:
a. The employee FAILS to perform his/her required duties.
b. An employee requests such a demotion. No employee shall be demoted to
a classification for which he/she does not possess the minimum
qualifications. When the action is initiated by the Appointing Authority,
written notice of demotion shall be provided to an employee at least ten
(10) working days before the effective date of the demotion, and a copy
shall be filed with the Human Resources Department.
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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 6.3, "Disciplinary
Action."
6.1.2. Suspension.
The Appointing Authority may suspend an employee from a position at any time
for a disciplinary purpose. Intended suspension action shall be reported
immediately to the Human Resources Director, and shall be taken in accordance
with Article 6.3, "Disciplinary Action".
ARTICLE 6.2. TERMINATION OF EMPLOYMENT
6.2.1. 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 Appointing Authority and Human
Resources Department.
6.2.2. Termination Layoff.
The Appointing Authority may terminate an employee because of changes in
duties or organization, abolishment of position, shortage of work or funds, or
completion of work for which employment was made.
6.2.3. Termination -Disciplinary Action.
An employee may be terminated at any time for disciplinary action, as provided in
Article 6.3, "Disciplinary Action".
6.2.4. 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.
6.2.5. 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.
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ARTICLE 6.3. DISCIPLINARY ACTION
6.3.1. Right to Discipline and Discharge.
Upon completion of the designated probationary period, an employee shall be
designated as a non -probationary employee and the City shall have the right to
discharge or discipline any such employee for dishonesty, insubordination,
drunkenness, incompetence, negligence, failure to perform work as required or to
observe the Department's safety rules and regulations or for engaging during the
term of this Memorandum of Understanding in strikes, individual or group
slowdowns or work stoppages, or for violating or ordering the violation of the
Memorandum of Understanding. The City shall use progressive disciplinary steps
(i.e., reprimand, suspension, demotion, discharge) unless the violation is such as
to justify termination. Disciplinary action shall mean discharge/dismissal,
demotion, reduction in salary, and suspension resulting in loss of pay.
In addition, the City may discipline or discharge an employee for the following:
Fraud in securing appointment; negligence of duty; violation of safety rules;
unacceptable attendance record including tardiness, overstaying lunch or break
periods; possession, distribution or under the influence of alcoholic beverages,
non-prescription or unauthorized narcotics or dangerous drugs during working
hours; inability, unwillingness, refusal or failure to perform work as assigned,
required or directed; unauthorized soliciting on City property or time; conviction of
a felony or conviction of a misdemeanor involving moral turpitude; unacceptable
behavior toward (mistreatment of discourteousness to) the general public or fellow
employees or officers of the City; falsifying employment application materials, time
reports, records, or payroll documents or other City records; misuse of City
property; violation of any of the provisions of these working rules and regulations
or departmental rules and regulations; disorderly conduct, participation in fights,
horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of
any City policy or rules and regulations over an extended period of time in which a
specific incident in and of itself would not warrant disciplinary action, however, the
cumulative effect would warrant such action; failure to perform to an acceptable
level of work quality and quantity; insubordination; other acts inimical to the public
service; inability or refusal to provide medical statement on cause of illness or
disability.
6.3.2. Preliminary Notice.
A non -probationary employee shall receive a preliminary written notice from the
employee's Supervisor of any proposed disciplinary action that involves the loss of
pay. The notice must contain a specific statement of charges or grounds upon
which the proposed disciplinary action is based and the date the disciplinary
action will be effective.
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Any known written materials, reports or documents upon which the disciplinary
action is based must be attached to the notice.
Upon the receipt of the notice, the employee shall have five (5) days to appeal the
matter in writing to Step 2 of the Grievance Procedure. If a written appeal is filed,
no disciplinary action shall be imposed until the Department Director has
conducted a hearing with the employee and employee's representative present
and having heard the response of the employee. If no written appeal is filed within
five (5) days, the employee shall be deemed to have waived his right to proceed to
Step 4 of the Grievance Procedure.
6.3.3. Disciplinary Action and Appeal.
After hearing the response of the employee, the Department Director may order
that the proposed disciplinary action or modification thereof be imposed.
Thereafter, the employee shall have ten (10) days to appeal this matter to the City
Manager. The City Manager shall investigate the matter, conduct an informal
hearing if the City Manager deems it appropriate and, within ten (10) days
thereafter, respond to the allegations in writing. If this matter remains unresolved,
the WCE may, by written notice to the Human Resources Director within ten (10)
days after the receipt of the City Manager's response, inform the City that the
WCE wishes to appeal the decision to final and binding arbitration. The parties
shall attempt to agree upon an arbitrator. If no agreement is reached, they shall
request a list from the State Mediation and Conciliation Service containing nine (9)
names. The selection process will include a review of the arbitrator's availability
for the hearing. Each party shall then alternately strike a name until only one (1)
name remains, said person to be the arbitrator. The order of striking shall be
determined by the flip of a coin. As used herein, the word "days" shall be deemed
to mean Citv established working days for non-safetv emplovees.
6.3.4. Sexual/Racial Harassment.
Sexual/Racial harassment of one employee by another is cause for disciplinary
action including the possibility of immediate discharge.
Sexual harassment is defined as including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature, when such conduct has the purpose or effect of affecting
employment decisions concerning an individual, or unreasonably interfering with
an individual's work performance, or creating an intimidating and hostile working
environment.
Racial harassment is defined as including but not limited to verbal or physical
conduct of a racial nature, when such conduct has the purpose or effect of
affecting employment decisions concerning an individual, or unreasonably
33
interfering with an individual's work performance, or creating an intimidating and
hostile working environment.
ARTICLE 6.4. GRIEVANCE PROCEDURE.
6.4.1. Definitions.
1. Grievance is a dispute which involves the interpretation or application
of any provision of this Memorandum of Understanding. All ordinances,
resolutions, rules and regulations which are not specifically covered by
the provisions of this Memorandum shall not be subject to the
Grievance Procedure.
2. Day shall mean any during which the City Office is open for business,
excluding Saturdays, Sundays and the holidays recognized by the City.
3. Grievant may be an individual employee or a group of employees or the
WCE on the behalf of a group of employees or the WCE on its own
behalf on matters involving the City and WCE relationship.
4. Time limits begin with the day following the event causing the
grievance or the day following receipt of a grievance decision.
6.4.2. Procedure.
Step 1.
Within seven (7) days of when the grievant knew or should have known of
the act or omission causing the grievance, the grievant shall present, either
in writing or verbally. a clear and concise statement of the grievance to the
immediate supervisor.
Within five (5) days thereafter the immediate supervisor shall investigate
and respond to the allegations of the grievant.
Step 2.
If the grievant is not satisfied with the resolution at Step 1, the grievant
must reduce the grievance to writing and present it to the Department
Director within five (5) days.
The written grievance shall contain a statement of facts about the nature of
the grievance, and shall identify the specific provisions of this Memorandum
of Understanding alleged to be violated, applicable times, places and
names of those involved, the remedy or relief requested, and shall be
signed by the grievant.
The Department Director shall confer with the grievant and, within ten (10)
days, respond to the allegations in writing.
Step 3.
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If the grievant is not satisfied with the resolution at Step 2, the grievant
shall, within five (5) days, appeal the matter to the City Manager.
The City Manager shall investigate the matter, conduct a hearing if the City
Manager deems it appropriate and, within ten (10) days thereafter, respond
to the allegations in writing.
Step 4.
If the grievance remains unresolved after Step 3, the WCE may, by written
notice to the City Human Resources Department within ten (10) days after
the receipt of the response in Step 3, notify the City that the WCE wishes to
appeal the grievance to final and binding arbitration. The parties shall
attempt to agree upon an arbitrator. If no agreement is reached, they shall
request a list from the State Conciliation Service of nine (9) names. The
selection process will include a review of the arbitrator's availability for the
hearing. Each party shall then alternately strike a name until only one (1)
name remains, said person to be the arbitrator. The order of striking shall
be determined by the flip of a coin.
6.4.3. Arbitration.
The arbitrator shall be empowered to conduct a hearing and to hear and receive
evidence presented by the parties. The hearing should be held within 60 calendar
days of the selection of the arbitrator. The hearing shall be informal and need not
be conducted according to technical rules of evidence. Repetitious evidence may
be excluded and oral evidence shall be taken only under oath. The arbitrator shall
determine what evidence is relevant and pertinent, as well as any procedural
matters, and he/she may call, recall and examine witnesses, as he/she deems
proper.
The burden of proof shall be upon the WCE in grievance matters and upon the
City in disciplinary/discharge matters.
After the conclusion of any hearing and the submission of any post hearing
evidence or briefs agreed upon by the parties, the arbitrator shall render a written
decision which shall be final and binding upon the City, the WCE and any
employee(s) involved in the grievance or disciplinary matter.
The arbitrator shall not be empowered to add to, subtract from, or in any way
modify or alter any provision of this Memorandum of Understanding. The
arbitrator shall only determine whether a grievance exists in the manner alleged
by the grievant and what the proper remedy, if any, shall be, or, in the case of
disciplinary/discharge matters, whether the City allegations are accurate and the
appropriateness of the disciplinary penalty.
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The fees and expenses of the arbitrator shall be shared equally by the WCE and
the City. All other expenses shall be borne by the party incurring them. The cost
of the services of court reporter shall be borne by the requesting party unless
there is a mutual agreement to share the cost or unless the arbitrator so requests;
then the costs will be shared equally.
6.4.4. General Provisions.
1. Employees who participate in the Grievance Procedure by filing a
grievance or acting as a witness on the behalf of either party shall be
free from discrimination by either the WCE or the City.
2. A grievant has the right to be represented at each stage of the
procedure, to cross examine witnesses, and to have access to all
information regarding the basis of the grievance upon which the City
relies in making its determinations.
3. If a grievant, or the WCE on behalf of the grievant, fails to carry his/her
grievance forward to the next level within the prescribed time period, the
grievance shall be deemed withdrawn unless the parties have mutually
agreed to an extension of timelines. If a supervisor or manager fails to
respond with an answer within the given period of time, the grievant may
appeal to the next higher level. The parties may by mutual agreement
waive the steps in the procedure.
4. If a hearing is held during work hours of employee witnesses, such
employees shall be released from duties, without loss of pay or benefits,
to appear at the hearing. Witnesses requested by the parties shall be
compelled to attend said hearings.
5. The Human Resources Department shall act as the central repository
for all grievances.
6. Time limits contained herein may be extended by mutual agreement of
the parties. Absence for bona fide reasons by a grievant, the WCE
Executive Director or any management official involved in responding to
the grievance shall automatically extend the time limits by the same
number of days of absence.
ARTICLE 6.5. POSITION RECLASSIFICATION PROCEDURE
The process by which an individual position may be audited to review the
appropriateness of its classification is provided in this Article.
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6.5.1. Purpose.
This administrative procedure shall establish consistent guidelines for the creation
and/or review of a position's job classification.
6.5.2. Policy.
The City of San Rafael seeks to maintain a classification system and process
whereby all positions are accurately classified on the basis of current and ongoing
job responsibilities officially assigned to said position(s).
6.5.3. Creation of New Position.
The Appointing Authority or their designee may, during the budget process,
request the creation of a new job classification as follows:
1. Completion of prescribed personnel form(s) and a position description
questionnaire form.
2. Completed forms shall be submitted to the City of San Rafael's Human
Resources Department.
3. Human Resources Department staff shall within 60 calendar days of
receipt of the forms complete a formal audit of the proposed job class
and prepare a written report.
4. The written report shall be submitted to the City Manager and the City
Council for final approval.
5. Creation of a new job classification shall be effective with the start of the
new fiscal year.
6.5.4. Reclassification.
The Appointing Authority or their designee or an incumbent of a position or the
WCE on behalf of an employee may request, in writing, a classification review.
This classification review may be requested if the position has not been reviewed
within the previous twelve (12) months and either permanent and substantial
changes have been made in the duties and responsibilities assigned to the
position or there is evidence that the majority (50% or more) of the work being
performed is not appropriate for the position's current classification.
1. All requests for reclassification must be submitted to the Human
Resources Department on prescribed personnel form(s) by the
appointing authority. Reclassification requests must be accompanied
by a current job description approved by the position's immediate
supervisor and appointing authority.
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2. Employee initiated reclassification requests must first be directed to the
employee's Appointing Authority. The appointing authority shall forward
the employee's request to the Human Resources Director within ten (10)
days of receipt.
3. The Human Resources Director shall ensure the review (audit) of the
employee's position is completed within sixty (60) calendar days of
receipt of the request in the Human Resources Department.
4. Based upon the analysis and evaluation of a position, the Human
Resources Department reviewer may recommend that the position be
sustained in its current class or be reclassified (up or down) to the
proper classification based upon the assigned work. The City Manager
or their designee shall review all reclassification recommendations
made by the Human Resources Department.
5. Within ten (10) days of receipt of the written audit decision, the affected
employee(s) may, in writing, submit a request for review of this decision
to the City Manager. This request for review must show substantial
error and/or omission on the part of the auditor. The City Manager may
render a decision on the appeal on the basis of the written material or
may interview the involved parties to discuss the specific error or
omission prior to rendering a decision.
6. The City Manager shall have final decision-making authority on all
reclassifications.
7. Reclassifications shall be effective the first of the month following final
approval of the action. Any changes of pay as a result of the
reallocation shall be in accordance with the City's Personnel Rules and
Regulations in effect at the time.
ARTICLE 6.6. FURLOUGH PROGRAM
Both the City of San Rafael and the WCE 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 the WCE have
worked expeditiously on the development of a Furlough Program. This
Agreement does not mean the City will necessarily implement furloughs, however,
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).
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6.6.1. Voluntary Time Off (VTO).
The needs of the City and the respective departments (as determined by the
Department Director and City Manager) will need to be considered in the actual
granting of VTO. Any VTO granted and the resulting savings will have a
corresponding impact on the time needed through MTO.
1. An employee's VTO 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 5.6.2. (4.b.).
3. Employees who take VTO at a time other than when MTO is taken by
other employees will have to take vacation leave, compensatory time off
or leave without pay if the MTO results in the closure of the department.
6.6.2. Mandatory Time Off (MTO).
MTO will be taken by the employee during the MTO period when feasible in their
respective department (as determined by the Department Director and City
Manager) and after consultation with the WCE. The City will attempt to schedule
MTO time in blocks of days (between Christmas and New Year's) or individual
days next to scheduled holidays and/or weekends.
1. Employees may not take paid vacation time in lieu of designated MTO.
2. MTO shall be considered time in pay status for the accrual of leave and
eligibility for holidays. MTO 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 its 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 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.
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3. MTO shall apply towards 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 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 of the following fiscal year, 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. Should the City of San Rafael experience a financial windfall during
the fiscal year that furloughs are implemented, the City and the WCE
agree to re -open negotiations on this Furlough Plan.
CHAPTER 7. MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, all rights of
management which have not been expressly abridged by specific provision of this
Memorandum of Understanding or by law to manage the City, as such rights
existed prior to the execution of this Memorandum of Understanding. The sole
and exclusive rights of management, as they are not abridged by this Agreement
or by law, shall include, but not be limited to, the following rights: To manage the
City generally and to determine the issues of policy; To determine the existence of
facts which are the basis of the management decision; To determine the necessity
of any organization or any service or activity conducted by the City and expand or
diminish services; To determine the nature, manner, means, technology and
extent of services to be provided to the public; Methods of financing; Types of
equipment or technology to be used; 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; To determine and change the number of
locations, re -locations and types of operations, processes and materials to be
used in carrying out all City functions including, but not limited to, the right (after
effect bargaining) to contract for or subcontract any work or operation of the City;
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; To relieve employees from duties for lack of work or other legitimate
reasons; To discharge, suspend, demote or otherwise discipline employees for
proper cause in accordance with the provisions and procedures set forth in City
Personnel Rules and Regulations and this M.O.U; To determine job classifications
and to reclassify employees; To hire, transfer, promote and demote employees in
40
accordance with this Memorandum of Understanding and the City's Rules and
Regulations; To determine policies, procedures and standards for selection,
training and promotion of employees; To establish and modify employee and
organizational performance and productivity standards and programs including but
not limited to, quality and quantity standards; and to require compliance therewith;
To maintain order and efficiency in its facilities and operations; 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; To take any and all
necessary action to carry out the mission of the City in emergencies.
The City and WCE agree and understand that if, in the exercise of any of the
rights set forth above, the effect of said exercise of rights by the City impacts an
area within the scope of representation as set forth in the Meyers/Milias/Brown
Act, case law interpreting said acts, and/or Federal law, the City shall have the
duty to meet and confer with WCE regarding the impact of its decision/exercise of
rights.
CHAPTER 8. REDUCTION IN FORCE
ARTICLE 8.1. AUTHORITY
The Appointing Authority may lay off, without prejudice, any regular employee
because of lack of work or funds, or organizational alterations, or for reasons of
economy or organizational efficiency.
ARTICLE 8.2. NOTICE
Regular employees designated for layoff or demotion shall be notified in writing at
least thirty (30) calendar days prior to the anticipated date of termination or
demotion. The employee organization shall also be no notified.
ARTICLE 8.3. ORDER OF LAYOFF
Layoffs and/or reductions in force shall be made by classification. A classification
is defined as a position or number of positions having the same title, job
description and salary. Extra hire employees shall be laid off before permanent
employees in the affected classification. In effecting the preceding order, a part-
time permanent employee with more seniority can displace a full time permanent
employee.
ARTICLE 8.4. SENIORITY
If two or more employees within a classification have achieved permanent status,
such employees will be laid off or reduced on the following basis:
a. Seniority within the affected classification will be determinative. Such
seniority shall include time served in higher classification (s). The
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computation of seniority for part-time employees will be credited on a pro
rata basis to full time service. Time spent on a City Manager approved
leave of absence without pay does not count toward seniority.
b. If the seniority of two or more employees in the affected classification or
higher classification (s) is equal, departmental seniority shall be
determinative.
c. If all of the above factors are equal, the date regular status in City service is
achieved shall be determinative.
d. If all of the above are equal, date of certification for appointment shall be
determinative.
ARTICLE 8.5. BUMPING RIGHTS
An employee designated to be laid off may bump into a class at the same salary
level, for which he or she qualifies or into the next lower classification in which
such employee has previously held regular status. An employee who is bumped
shall be laid off in the same manner as an employee whose position is abolished.
ARTICLE 8.6. TRANSFER RIGHTS
The Human Resources Director will make every effort to transfer an employee
who is to be affected by a reduction in force to another vacant position for which
such employee may qualify. The length of eligibility for such transfer will be the
period of notification as provided in 8.2, but no longer than the effective date of
such layoff or reduction.
ARTICLE 8.7. RE-EMPLOYMENT
8.7.1. General Guidelines.
Individuals who have been laid off or demoted shall be offered re -appointment to
the same classification in which they held status in the order of seniority in the
classification. Individuals demoted in lieu of reduction in force shall be offered
restoration to the highest class in which they held status and in which there is a
vacancy prior to the appointment of individuals who have been laid off.
8.7.2. Right to Re-employment.
Each person who has been laid off or demoted in lieu of a layoff from a position
the person held, shall, in writing, be offered re -appointment in the same
classification should a vacancy occur in the classification within two years after the
layoff or demotion. Prior to being re-employed, the employee must pass a
physical exam administered by a City appointed physician and must pass the
background check administered by the City.
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8.7.3. Time Limits.
Should the person not accept the re -appointment within seven (7) calendar days
after the date of the offer, or should the person decline or be unable to begin work
within two weeks after the date of acceptance of the offer, the person shall be
considered unavailable for employment, shall forfeit the right to re-employment
and be removed from the re-employment list.
8.7.4. Availability.
Whenever a person is unavailable for re-employment, the next senior person who
is eligible on the re-employment list shall be offered re-employment.
8.7.5. Probationary Status.
Employees re -appointed under the provisions above will not be required to
complete a new probationary period if they had previously held permanent status
in the classification. Employees who had not completed their probationary period
shall serve the remainder of the probationary period upon re -appointment.
8.7.6. Restoration of Benefits.
Employees restored to previously held positions shall be deemed to have returned
from a leave of absence for the purpose of all rights and benefits legally
permissible. Time not on the payroll will not count as time worked for the
purposes of seniority accrual.
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WESTERN COUNCIL OF ENGINEERS
leo G }
/N;ncy Wat on
Western ouncil of Engineers
Diane Decicio
Senior Associate Engineer
Ja et Nibbi
gineering Technician
n
Steve
Senior Associate Engineer
CITY OF SAN RAFAEL
Richard Whitmore
Chief Negotiator
Liebert Cassidy Whitmore
itltant
chutz
City M ager
. J
diA R me
Ass'st t to the City Manager
City of San Rafael
Association of Professional Employees, Classification/Compensation Summary: Benchmark
Linkages
MOU Exhibit "D"
Current Benchmark Linkage
Title Grade Levels from Benchmark
Civil Engineer
+13
Land Development Engineer
+13
Traffic Engineer
+13
Senior Associate Engineer
+11
C Assistant Associate Engineer
+9
Engineer Assistant Engineer
0
Engineering Technician II
0
Traffic Technician II
0
Engineering Technician I
-5
Traffic Technician I
-5