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HomeMy WebLinkAboutCC Resolution 12208 (Salary Management)RESOLUTION NO. 12208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MANAGEMENT EMPLOYEES ("MANAGERS") (effective July 1, 2006 through June 30, 2009) 1. MANAGEMENT EMPLOYEES The Management Employees of the City of San Rafael are the Management Job Class Titles ("Managers", herein) enumerated in Exhibit "A", attached hereto and incorporated herein. This Resolution shall constitute the compensation and conditions of employment for the Managers for the period from July 1, 2006 through June 30, 2009. 2. SALARY. COMPENSATION GOALS AND REVENUE SHARING A. GOALS AND COMPENSATION DEFINITIONS It is the goal of the City Council to try to achieve a total compensation package for all Managers in an amount equal to the following: 1. The average plus one dollar to the total compensation paid to the same or similar classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato and Santa Rosa; and, 2. The highest total compensation paid to the same or similar classifications in the following agencies in Marin County: Corte Madera, Larkspur, Marin County, Mill Valley, and Novato. Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer's contribution towards employees' share of retirement, employer's retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, management allowance, and employer paid cafeteria/flexible spending accounts. B. COMPENSATION SURVEYS In September of each year, in order to measure progress towards the above -stated goal, the City shall survey the identified benchmark positions (Exhibit "B"). However, if General Tax Revenues, as defined in Section 2D below, have not increased over the prior fiscal year, then the City will not complete the compensation survey, unless it is the final year of this Resolution. Identified benchmark positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the benchmark position is identified by the survey agency as being on the salary schedule and having a job class description. Other city/agency positions are established as benchmark positions in San Rafael's compensation survey based upon similar work and similar job requirements. Survey data will include all salary and benefit increases, as defined in "'total compensation", in place or to be effective no later than September 1 of that same year, for the purpose of applying the excess General Tax Revenues, if any, described herein. The City shall review the benchmark and related survey data for accuracy and completeness. The City shall provide the survey data to all Managers. C. CONDITIONS FOR REVENUE SHARING Managers shall receive Revenue Sharing Increases, in accordance with the schedule in Section 2E, below, in addition to the base salary increases, if the following conditions are met: 1. If the total compensation goal, as outlined in Section 2A has not been reached, and, 2. If growth in General Tax Revenues, as defined in Section 2D below, have resulted in revenues being available for distribution, and, 3. The "net change in General Fund Balance", as presented in the previous year's City annual audit, is positive. If the above three conditions are met, then a Revenue Sharing salary increase shall be paid prospectively, in accordance with the schedule in Section 2E below, and using the calculations identified in Section 2D below. In no event will total compensation increases available through the revenue sharing provisions of this Resolution cause the benchmark positions to exceed the stated "total compensation" goal. All related classifications shall receive the same increases as those received by their assigned benchmark position. D. REVENUE DEFINITIONS AND REVENUE SHARING CALCULATION 1. For purposes of this Resolution, "General Tax Revenues" shall be defined to include the following taxes: Sales Tax, Property Tax (Secured, Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax, Hotel Occupancy Tax, Business License Tax and Franchise Fees. No other revenue sources of the City will be included in this definition. 2. The City will complete the calculation of the General Tax Revenues in accordance with the schedule in Section 2E. If General Tax Revenues have not increased over the prior fiscal year, then the City shall not complete the compensation survey as outlined in Section 1 B, unless it is the final year of this Resolution. 3. If total compensation of the top step benchmark positions has not reached the stated goal, then the Managers shall be entitled to a revenue sharing increase, subject to the conditions set forth in Section 1 C. However, if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. a. Fiscal Year 06/07 Revenue Sharing Increase. If General Tax Revenues of the City for fiscal year 2005-2006 exceed General Tax Revenues of the City for fiscal year 2004-2005 as adjusted by 75% of the total compensation increases provided for fiscal year 2005-2006, then Managers shall be entitled to apply 3% of one-half (1/2) of the excess of fiscal year 2005-2006 General Tax Revenues over fiscal year 2004-2005 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2005-2006, for a salary increase. b. Fiscal Year 07/08 Revenue Sharing Increase. If General Tax Revenues of the City for fiscal year 2006-2007 exceed General Tax Revenues of the City for fiscal year 2005-2006 as adjusted by 75% of the total compensation increases provided for fiscal year 2006-2007, then Managers shall be entitled to apply 3% of one-half (1/2) of the excess of fiscal year 2006-2007 General Tax Revenues over fiscal year 2005-2006 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2006-2007, for a salary increase. c. Fiscal Year 08/09 Revenue Sharing Increase. If General Tax Revenues of the City for fiscal year 2007-2008 exceed General Tax Revenues of the City for fiscal year 2006-2007 as adjusted by 75% of the total compensation increases provided for fiscal year 2007-2008, then Managers shall be entitled to apply 3% of one-half (1/2) of the excess of fiscal year 2007-2008 General Tax Revenues over fiscal year 2006-2007 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2007-2008, for a salary increase. E. SCHEDULE September 7th- General Tax Revenues. The City shall make known to the Managers if General Tax Revenues, as defined in Section 2D have grown from the prior fiscal year on September 7th of each year of this Resolution. If no growth in General Tax Revenues has taken place, there shall be no Revenue Sharing for that fiscal year of the contract. 2. November 1St - Net Change in General Fund Balance. By November 1st of each year, the City shall make known to the Managers whether there is a positive change in the General Fund Balance, as defined in Section 2C(3). If there is not, then no Revenue Sharing shall take place for that fiscal year 3. January 1St — Base Monthly Pav Increases. January 1St pay period shall be the start date (for paycheck date of January 31s) for each Revenue Sharing Salary increase. F. SALARY INCREASES 1. December 1. 2006 Salary Increase. Retroactive to December 1, 2006 the City shall provide a 4.0% salary increase to the pay range for all Management classifications covered by this Resolution (Exhibit "C"). 2. Julv 1, 2007 Salary Increase. Effective July 1, 2007, the City shall provide a 3.0% salary increase to the pay range for all Management classifications covered by this Resolution (Exhibit "D"). 3. July 1. 2008 Salary Increase. Effective July 1, 2008, the City shall provide a 3.0% salary increase to the pay range for all Management classifications covered by this Resolution (Exhibit "E"). G. CAR ALLOWANCE All Managers identified in Exhibit "A" are eligible to have the option of use of a city car or a monthly car allowance. Retroactive to July 1, 2006 pay period, the monthly car allowance paid to the Managers shall be increased from $250 to $350. 3. INSURANCE Health & Dental Insurance benefits are prorated for part-time employees in accordance with the percentage of full-time work schedule. Domestic partners who are registered with the Secretary of State are considered dependents under these benefits. A. HEALTH INSURANCE 1. Health Insurance for Active Emolovees. The City shall pay the health insurance premiums on behalf of active employees and dependents for all eligible employees through the City's health plan providers. If an employee has health insurance through a spouse/dependent and provides proof of this insurance to the Human Resources Department, he/she may elect to waive the City's health insurance. 2. Health Insurance for Retirees a. Managers Hired prior to April 1, 2007 and who retire from the Marin County Employees Retirement System (MCERS) within 120 days of leaving their City of San Rafael Management position (and who comply with the appropriate retirement provisions under the MCERS laws and regulations) are eligible to receive the same amount of health insurance premium that active employees are receiving upon retirement. Dependent coverage is included. In addition, the City shall pay the Medicare premiums for those retired Managers already enrolled in or who will be required to enroll in the Medicare program. b. Managers hired on or after April 1, 2007 and who retire from the Marin County Employees Retirement System (MCERS) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERS laws and regulations) are eligible to continue in the City's group health insurance program. The City will pay up to $600 per month for eligible retirees. Dependent coverage is not paid for by the City. B. LIFE INSURANCE The City shall provide a basic group life insurance plan equal to two times the employee's annual salary, not to exceed $150,000. C. LONG-TERM DISABILITY INSURANCE The City shall provide long term disability (LTD) insurance, at no cost to the employee, with a benefit of two-thirds (2/3) of the employee's monthly salary, up to a maximum benefit of $7500 (reduced by any deductible benefits). D. DENTAL INSURANCE The City shall pay dental premiums on behalf of the employee and eligible dependents. The maximum benefit for dental insurance per eligible enrollee is $1,500/calendar year, except for orthodontic coverage, which has a $1,000 lifetime benefit and has certain other limitations (See policy booklet for specifics of the dental plan benefit). E. EMPLOYEE ASSISTANCE PLAN The City provides an Employee Assistance Program (EAP) with confidential personal counseling on work and family related issues such as eldercare, substance abuse, etc. Supervisors may also utilize the EAP to refer employees to counselors for work related assistance. 4. RETIREMENT A. EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) Each Manager is responsible for paying the full cost of their employee contribution rate as established by the Marin County Employee Retirement System. B. COLA Managers participating in the Marin County Employee Retirement Association will pay their full share of members' cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act). C. RETIREMENT PLAN The City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement program to all miscellaneous Managers subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. D. SERVICE CREDIT FOR SICK LEAVE Managers who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after 07/01/95 and within 120 days of leaving City employment (excludes deferred retirements), shall receive employment service credit (incorporated from Resolution #9414, dated July 17, 1995), for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement, pursuant to Section 5 A. of this Resolution). E. MANAGEMENT ALLOWANCE Pursuant to Resolution No. 10657, the City established a Defined Contribution Retirement Plan for Managers. All rules related to this plan shall be governed by the Plan document as amended. Current contribution is three percent (3%) of base salary. Eligible employees shall have a one-time option of electing an employer contribution (pre-tax) to their PARS account or an after tax payment in the form of a management allowance. The City shall make Plan changes, as required from time to time, in order to have the Defined Contribution Retirement Plan remain in compliance with then existing IRS regulations. 5. LEAVES OF ABSENCE A. SICK LEAVE Managers who leave City service in good standing shall receive compensation (cash in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. In the event of the death of an employee, payment for unused sick leave (based upon the previously stated formula) shall be paid to the employee's designated beneficiary. Managers may accrue unlimited sick leave for usage purposes. However, a maximum of one thousand, two hundred hours (1200) accrual applies for cash -in purposes. Managers may use sick leave prior to completion of probation. In recognition of Managers' exempt status under FLSA, time off for sick leave purposes shall not be deducted from a Manager's sick leave accrual, unless the time is 7.5 or more consecutive work hours. Use of sick leave for work-related injuries or illnesses shall not be required when it is determined by the treating physician that this status is permanent and stationary. B. VACATION LEAVE 1. Vacation Accrual - Vacation is accrued when an employee is on pay status and is credited on a bi-weekly basis. Eligible employees accrue vacation at the following rate for continuous service performed in pay status: Years of service Leave Accrual rate/vearly 1-5 years 15 days 6 years 16 days 7 years 17 days 8 years 18 days 9 years 19 days 10 years 20 days 11 years 21 days 12 years 22 days 13 years 23 days 14 years 24 days 15 plus years 25 days In recognition of Managers' exempt status under FLSA, time off for vacation leave purposes, shall not be deducted from a Manager's vacation accrual, unless the time is 7.5 or more consecutive work hours. 2. Administration of Vacation Leave The City Manager may advance vacation leave to a Manager; Prior approval is required. Managers may accrue a maximum of 250 hours of vacation. Vacation leave accrual shall resume once the employee's accumulated vacation leave balance falls below the accrual limit of 250 hours. Managers who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the date of termination. 3. Cash Pavment for Accrued Vacation Leave a. One-time Vacation Cash -in: In February of 2007, the City will implement the vacation leave accrual limitation policy by paying each Manager for all vacation leave hours he/she has accrued in excess of 225 hours. Each Manager's vacation leave balance will be determined as of the close of business December 31, 2006 and the vacation cash -in payment shall be included with the second regular paycheck of February, 2007, unless the value of the cash -in is greater than $10,000. If the value of the cash -in is greater than $10,000, the City shall pay the vacation cash -in over a five year period, on the second paycheck in February each year. The value of the payment each year will be calculated as one-fifth of the vacation hours over 225 multiplied by the Manager's current rate of pay in the year of the payout. Managers who retire or terminate employment with the City of San Rafael and have a balance remaining for cash -in, will receive the payment for the balance of the cash -in value as part of the employee's final compensation. This cash -in payment shall reduce Managers below the vacation leave accrual limit defined in 513(2) while allowing for additional accrual time. This one-time payment will not affect a Manager's ability to participate in the annual vacation "cash -in" described in 513(3)(b), below. b. Annual Option for Payment of Accrued Vacation Leave: A Manager who has taken at least ten (10) days of vacation in the preceding twelve (12) months, may request that his/her accrued vacation, not to exceed fifty-two and 1/2 (52.5) hours, be paid to him/her in cash. The request may be granted at the discretion of the City Manager. Managers may not cash -in more than fifty-two and 1/2 (52.5) hours within any twelve (12) month period. C. ADMINISTRATIVE LEAVE Managers shall receive seven (7) Administrative Leave days each calendar year subject to the approval of the department head and the City Manager. An additional three (3) days may be granted at the discretion and with approval of the department head and the City Manager. Unused Administrative Leave shall not carry over from one calendar year to the next, nor shall unused Administrative Leave balances be paid to a Manager upon his/her resignation. In recognition of exempt status under FLSA time off for Administrative leave purposes shall not be deducted from a Manager's administrative leave accrual, unless the time is 7.5 or more consecutive work hours. D. HOLIDAYS City shall provide eleven designated holidays and two floating holidays per calendar year to Managers. The hours for the floating holidays are automatically added to an employees' vacation accrual on a semi-annual basis. E. BEREAVEMENT LEAVE In the event of the death of a Manager's spouse, child, parent, brother, sister, in-law(s), relative who lives or has lived in the home of the employee, and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, the City shall provide bereavement leave up to a maximum of three (3) days within the state and five (5) days out-of-state. F. CATASTROPHIC LEAVE All Managers shall abide by the City's Catastrophic Leave Policy #140.19. 6. EMPLOYMENT TERMS A. WORK DAY Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes for Managers shall be 7.5 hours per day. B. DRUG FREE WORKPLACE Management employees endorse the concept of a drug free work place as stated in Administrative Procedure No. 3 adopted by the City Manager on April 23, 1991 and the Drug and Alcohol Policy attached as Exhibit "F". C. FURLOUGH PLAN Managers endorse the Furlough Program described in Exhibit "G" attached to this Resolution. D. PAY FOR PERFORMANCE EVALUATION SYSTEM Managers shall be evaluated annually based upon the evaluation program adopted by the City Council in October of 1996 and incorporated by reference herein. E. OUTSIDE EMPLOYMENT All Managers shall abide by the City's Outside Employment Policy #140.17. I, 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 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 JE NE M. LEONCINI, CITY CLERK Management (Non -Represented) Salary Resolution July 1, 2006 — June 30, 2009 Exhibits A Mid Management Positions B Benchmark Positions C December 1, 2006 Salary Schedule D July 1, 2007 Salary Schedule E July 1, 2008 Salary Schedule F Drug and Alcohol Policy G Furlough Program Management Job Class Titles Exhibit A Assistant City Attorney Assistant City Manager Community Development Director Community Services Director Economic Development Director Finance Director Fire Chief Human Resources Director Library Director Police Chief Public Works Director/City Engineer \\sr_fs1\WorkFile\Management Services- WorkFile\HR- WorkFile\Human Resources\MOU'S\MOU'S 2006\MGMT & ELECTEDS 2006\Management\Managers salary schedule 06-09.xls 3/20/2007 Exhibit "B" Management Position Benchmark Job Classes for Management Positions Community Services Director Library Director Public Works Director City of San Rafael Drug and Alcohol Policy — Non DOT Exhibit "F" It is the policy of the City of San Rafael to provide a safe, drug-free and alcohol -free work environment for our employees. Being under the influence of drugs and/or alcohol on the job poses serious risks to employee health and safety. This policy sets forth the rights and obligations of covered employees. If you are a covered employee under this policy you should familiarize yourself with the provisions of this policy BECAUSE COMPLIANCE WITH THIS POLICY IS A CONDITION OF YOUR EMPLOYMENT. A. EMPLOYEE QUESTIONS: An employee shall refer any questions regarding his/her rights and obligations under the policy to the Manager of the Human Resources Division. B. COVERED EMPLOYEES: All employees are covered by this policy. C. ACCIDENT An accident occurs when as a result of an occurrence: an individual dies, or; a covered employee receives a citation for a moving violation arising from an accident, and: a. an individual sustains bodily injuries requiring immediate medical treatment away from the accident scene, or: b. one or more vehicles is disabled (excluding mechanical failure) and must be towed from the site D. PROHIBITIONS Covered employees shall not be under the influence or in possession of controlled substances or alcohol during work hours. The following conduct is prohibited and may result in termination: 1. Reporting for duty or remaining on duty while having an alcohol concentration level of .02 or greater; Performing any function or activity which presents a demonstrable danger to the safety of the employee or the safety of others, including but not limited to operating motorized or air powered equipment or motorized vehicles and working with hazardous materials within four hours of using alcohol. Being on duty or operating a City of San Rafael vehicle while possessing alcohol and/or controlled substances; Using alcohol while on duty; Drug and Alcohol Policy 2 Reporting for duty or remaining on duty when the employee used any controlled substance, except if the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform his/her job; Reporting for duty or remaining on duty if the employee tests positive for controlled substances; Refusing to submit to any alcohol or controlled substances test required by this Policy. A covered employee who refuses to submit to a required drug/alcohol test will be treated in the same manner as an employee who tested 0.04 or greater on an alcohol test or tested positively on a controlled substances test. Refusal to submit to an alcohol or controlled substances test required by the Policy includes but is not limited to: a. A refusal to provide a urine sample for a drug test, or a breath sample for an alcohol test; b. An inability to provide an adequate breath or urine sample without a valid medical explanation; C. A refusal to complete and sign the breath alcohol testing or drug testing form, or otherwise to cooperate with the testing process in a way that prevents the completion of the test; d. Tampering with or attempting to adulterate or substitute the urine specimen or collection procedure; e. Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested; f. Leaving the scene of an accident without a valid reason as to why authorization from a supervisor or manager who shall determine whether to send the employee for a post -accident drug and/or alcohol test was not obtained; g. Consuming alcohol during the eight hours immediately following an accident, unless the employee has been informed that his/her actions have been discounted as a contributing factor, or if the employee has been tested. Additionally, an employee shall report any conviction for any drug-related activity to the Human Resources Manager within five (5) days after he/she receives notice of the conviction or as soon thereafter as practicable. An employee is not required to report a misdemeanor marijuana conviction that is more than two (2) years old. All employees covered by this Policy have previously been provided with a copy of the City's Drug Free Workplace Statement, and have signed an acknowledgment that they have read the Statement and agree to comply with it. E. CIRCUMSTANCES UNDER WHICH DRUG AND ALCOHOL TESTING WILL BE IMPOSED ON COVERED EMPLOYEES: 1. Post -Accident Testing: Post -Accident drug and alcohol testing will be conducted on employees following an accident where the employee's performance cannot be discounted as a contributing factor. The decision as to whether or not to test the employee will be left to a supervisory or management employee. The presumption is for testing. The only reason an employee will not be tested following an accident is if a determination is made that the employee's performance could not have been a contributing factor. If a fatality occurs, the employee will be tested irrespective of whether his/her involvement may be discounted. Drug and Alcohol Policy Post -accident alcohol tests will be administered within two hours following an accident and no test may be administered after eight hours. A post -accident drug test shall be conducted within 32 hours following the accident. 2. Reasonable Suspicion Testing: Covered employees are also required to submit to an alcohol or drug test when a trained supervisor has reasonable suspicion to believe the employee may be under the influence of alcohol or controlled substances. The observation must be based on short-term indicators, but not limited to, blurry eyes, slurring of speech, or the smell of alcohol on the breath. The supervisor may not rely on long-term signs, such as absenteeism or tardiness alone, to support the need for a reasonable suspicion test. Although only one trained supervisor is needed to determine reasonable suspicion, when practicable another trained supervisor may be called upon by the suspecting supervisor to observe the indicator(s). The reasonable suspicion alcohol test will be administered within two hours of the observation. If not, the employer must provide written documentation as to why the test was not promptly conducted. No test may be administered after eight hours following the observation. To ensure the supervisors are trained to make reasonable suspicion determinations, supervisors vested with the authority to demand a reasonable suspicion drug and alcohol test will attend at least one hour of training on alcohol misuse and at least one hour of training on controlled substances use. The training will cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. Return to Duty/Follow-up Testing: A covered employee who has violated any of the prohibitions of this policy (See Section D) must submit to a return to duty test before he/she may be returned to his/her position. The test result must indicate an alcohol concentration of less than 0.02 or a verified negative result on a controlled substances test. In addition, because studies have shown that the relapse rate is highest during the first year of recovery, the employee will be subject to follow-up testing. The employee will be subject to up to six unannounced drug/alcohol tests during the first year back to duty following the violation. F. PROCEDURES TO BE USED FOR DETECTION OF DRUGS AND ALCOHOL Alcohol Testing: Alcohol testing will be conducted by using an evidential breath testing device (EBT) approved by the National Highway Traffic safety administration. A screening test will be conducted first. If the result is an alcohol concentration level less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted. The procedures that will be utilized for collection and testing of the specimen are attached hereto as Attachment A. 2. Drug Testing: Drug testing will be conducted pursuant to the procedures set forth in Attachment Drug and Alcohol Policy G. REFUSAL TO SUBMIT TO AN ALCOHOL AND/OR DRUG TEST: 4 A covered employee who refuses to submit to any required drug/alcohol testing will be treated in the same manner as an employee who tested 0.04 or greater on an alcohol test or tested positively on a controlled substances test. H. CONSEQUENCES FOR EMPLOYEES FOUND TO HAVE ALCOHOL CONCENTRATION LEVELS OF 0.02 OR GREATER BUT LESS THAN 0.04: An employee whose test indicates an alcohol concentration level between 0.02 and 0.04 will be removed from his or her job duties for at least 24 hours. Such an employee may be subject to discipline up to and including termination for any such positive test. City of San Rafael will then retest the employee. Before the employee may be returned to his/her job duties, the employee's alcohol concentration must indicate a concentration below 0.02. I. CONSEQUENCES OF FAILING AN ALCOHOL AND/OR DRUG TEST: A positive result from a drug test will be cause for discipline up to and including termination. An alcohol test showing an alcohol concentration over .04 may result in disciplinary action, up to and including termination. If a covered employee is not terminated, the employee: 1. must be removed from his/her work duties for at least 24 hours; 2. must submit to an examination by a substance abuse professional. Upon a determination by the substance abuse professional, the employee may be required to undergo treatment for his/her alcohol or drug abuse. City of San Rafael is not required to pay for the treatment; 3. may not be returned to his/her work duties until the employee submits to a return -to -duty controlled substance and/or alcohol test (depending on which test the employee failed) which indicates an alcohol concentration level of less than 0.02 or a negative result on a controlled substance test; 4. will be required to submit to unannounced follow-up testing after he/she has been returned to his/her position. See section F(4) above. J. INFORMATION CONCERNING THE EFFECTS OF ALCOHOL AND CONTROLLED SUBSTANCES AND AVAILABLE METHODS OF INTERVENTION Attached to this Policy as Attachment B are Fact Sheets published by the Federal Transit Administration, addressing the effects of alcohol and the various controlled substances which are tested for under this Policy. K. CITY OF SAN RAFAEL EAP PROGRAM Employees should be aware that the City of San Rafael has established an Employee Assistance Program (EAP) to help employees who need assistance with alcohol and controlled substances abuse. W:\Management Services- WorkFile\HR- WorkFile\Human Resources\MOU's 2002\Mgrs-MM\MOU Exhibit Non -DOT Drug and Alcohol Policy.doc MANAGEMENT/MID-MANAGEMENT SALARY RESOLUTION EXHIBIT "G" FURLOUGH PROGRAM Both the City of San Rafael and the Management/Mid-Management Group employees recognize the current economic condition of the State of California and the City of San Rafael. Through this recognition and in a cooperative spirit the City of San Rafael and these employees have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael the procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO). Voluntary Time Off (VTO). The City will develop and distribute to all employees during the month of March (1993) a survey to determine who might be interested in VTO and the extent to which that interest translates into hours (cost savings) during the coming fiscal year. The needs of the City and the respective departments (as determined by the Department Head and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO. 1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year. 2. An employee selecting VTO would receive one half hour of furlough induced Personal Leave time off for every hour of VTO taken not to exceed the number of furlough induced Personal Leave time off an employee scheduled for MTO would receive (establishes a maximum cap of 5%). This furlough induced Personal Leave time is to be taken as described in 4.b. 3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department. Mandatory Time Off (MTO). MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Head and City Manager). The City will attempt to schedule MTO time in blocks of days (between Xmas and New Years) or individual days next to scheduled holidays and/or weekends. 1. Employees may not take paid vacation time in lieu of designated MTO time. 2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will impact Marin County retirement contributions; but if the Marin County Retirement System changes it policy on this the City will, effective the first of the month following notice from the Marin County Retirement System, make the necessary change in the program's administration to correspond with the change in the policy. Any employee who notifies the City no later than 07/30/93 of their retirement date and retires from the Marin County Retirement System during FY 93-94 shall be exempted from the MTO requirements. If said employee did Page 1 of 2 MANAGEMENT/MID-MANAGEMENT SALARY RESOLUTION EXHIBIT "G" not retire during FY 93-94 as stated, said employee would be docked in pay an amount equivalent to the number of MTO hours taken by other represented employees. 3. MTO time shall apply toward time in service for step increases, completion of probation, and related service credit. 4. Other Terms and Conditions: a. The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. For each MTO hour deducted the involved employee shall be credited with an one half hour added to a furlough induced Personal Leave balance. b. Personal Leave accrued through the MTO Program may be taken beginning July 1, 1994, with supervisory approval. Furlough induced Personal Leave has no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced Personal Leave said employee would be eligible to take the unused furlough induced Personal leave during the thirty day layoff notice period. C. The employees represented by this Association may elect to give up pay for holidays worked in lieu of mandatory time off, as long as the dollar value of the holiday pay equates to the dollar value of the designated mandatory time off. d. Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City agrees to re -open discussions on this Furlough Program. e. The City agrees that it will attempt to distribute the dollar value of any MTO time implemented equally over the remaining number of pay periods in the fiscal year. Page 2 of 2