Loading...
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 RAI 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 rd 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. M 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). C 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. 0 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 M 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. im 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. 111 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 12 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 13 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). 14 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. 15 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. We 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. 17 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 im 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 19 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. 20 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. 21 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. 22 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. 23 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 24 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. 25 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 26 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 27 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 29 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. 30 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. 31 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. 32 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. 34 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. 35 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. M 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. 37 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). M 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. 39 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 41 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. 42 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. 43 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