HomeMy WebLinkAboutCC Resolution 11993 (Employment Agr.; City Manager)RESOLUTION NO. 11993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPOINTING KEN NORDHOFF, CITY MANAGER AND
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN EMPLOYMENT AGREEMENT WITH KEN NORDHOFF
(Effective July 1, 2006)
WHEREAS, at a regular meeting on December 19, 2005, the City Council of the City of San
Rafael appointed Ken Nordhoff as Interim City Manager of the City of San Rafael, and
WHEREAS, the City Council appointed Mayor Boro and Councilmember Cohen as an ad hoc
subcommittee of the Council, to meet with Interim City Manager Ken Nordhoff over a several month
period for the purpose of determining progress toward a number of specifically established City goals,
and
WHEREAS, the Mayor and Councilmember Cohen reviewed the current local and statewide
practices in City Manager employment agreements, and based upon a series of meetings with the Interim
City Manager Ken Nordhoff, directed the City Attorney to draft a proposed employment agreement
between the City and Interim City Manager Ken Nordhoff, and
WHEREAS, the Mayor and Councilmember Cohen have met with Interim City Manager Ken
Nordhoff to review the draft Employment Agreement, and
WHEREAS, the City Council of the City of San Rafael met with the City Attorney in closed
session on July 17, 2006, to discuss the appointment of Ken Nordhoff as City Manager and to review the
draft employment agreement, without discussion of the amount of compensation, and
WHEREAS, the City Council considered, as an item of New Business during the regular City
Council meeting of July 17, 2006, the appointment of Ken Nordhoff as City Manager and at that time
publicly discussed and considered and the draft Employment Agreement and the appropriate
compensation to be included therein, and
WHEREAS, the City Council desires to appoint Ken Nordhoff as the City Manager for the City
of San Rafael and, accordingly, to enter into the employment agreement with Ken Nordhoff; and
WHEREAS, Ken Nordhoff is qualified and willing to perform the duties and services of the
position of City Manager in San Rafael:
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O� A
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1. The City Council hereby appoints Ken Nordhoff to serve as the City Manager for the City of San
Rafael, effective July 1, 2006.
2. The City Council hereby approves the Employment Agreement between the City and Ken
Nordhoff, and directs the City Attorney to finalize the Employment Agreement with
incorporation of such matters as were discussed at this City Council meeting, including making
the necessary changes for salary and other Employment Agreement elements as directed by the
City Council, and
3. The City Council hereby authorizes the Mayor to execute the finalized Employment Agreement
between the City of San Rafael and Ken Nordhoff, a copy of which will be made available to the
public once completed And duly executed.
I, Jeanne M. Leoncini, City Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said
City held on the 17th day of July, 2006, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Q?�- I .
vlanne M. Leon: A�CiClerk
W:\Management Services- WorkFile\Finance- WorkFile\Council Material\Resolutions\2006'.City\nordhoff contract reso.doc
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CITY MANAGER EMPLOYMENT AGREEMENT
Between the City of San Rafael and
Ken Nordhoff
Dated
July 17, 2006
TABLE OF CONTENTS
1) PARTIES AND DATES...................................................................................................... 3
2) EMPLOYMENT.................................................................................................................. 3
3) TERM..........................................................................................................................3
4) COMMITMENTS AND UNDERSTANDINGS......................................................................3
A) THE CITY MANAGER COMMITMENTS....................................................................... 3
(1) Duties & Authority................................................................................................. 3
(2) Hours of Work........................................................................................................ 4
(3) Disability or Inability to Perform........................................................................... 5
B) CITY COMMITMENTS.................................................................................................. 5
C) MUTUAL COMMITMENTS........................................................................................... 6
(1) Performance Evaluation....................................................................................... 6
5) COMPENSATION.............................................................................................................. 7
A) COMPENSATION & REQUIRED EMPLOYER COSTS................................................7
(1) Base Salary ............................................................................................................ 7
(2) Required Employer Costs.................................................................................... 7
B) BENEFITS.................................................................................................... 7
(1) Holidays.................................................................................................................. 7
(2) Leave Allowance................................................................................................ 7
(3) Automobile........................................................................................................... 8
(4) Benefits that Accrue to Other Employees.......................................................... 8
6) SECURITY.......................................................................................................................8
A) PENSIONS - (MCERA)............................................................................................... 8
B) Deferred Compensation........................................................................................... 8
C) INSURANCE................................................................................................................9
(1) Disability Insurance.............................................................................................9
(2) Life Insurance........................................................................................................9
11
It % 'a 0 [P %187
EMPLOYMENT AGRELMENT —Ken Nordhoff
7) SEPARATION....................................................................................................................9
A) RESIGNATION RETIREMENT....................................................................................9
B) TERMINATION& REMOVAL........................................................................................9
C) SEVERANCE PAY................................................................................................... 10
D) INVOLUNTARY RESIGNATION.................................................................................10
E) SEPARATION FOR CAUSE......................................................................................10
F) PAYMENT OF UNUSED LEAVE BALANCES........................................................... 11
8) MISCELLANEOUS PROVISIONS....................................................................................11
A)
AMENDMENTS..........................................................................................................11
B)
CONFLICT OF INTEREST...........................................................................................11
C)
INDEMNIFICATION.....................................................................................................11
D)
SEVERABILITY...........................................................................................................12
E)
LAWS AFFECTING TITLE.........................................................................................
12
F)
JURISDICTION AND VENUE.....................................................................................
12
G)
ENTIRE AGREEMENT................................................................................................
12
H)
NOTICE.......................................................................................................................13
EXECUTION.....................................................................................................................14
2
EMPLOYMENT AGREEMENT —Ken Nordhoff
CITY MANAGER EMPLOYMENT AGREEMENT
Between the
City of San Rafael
And
Ken Nordhoff
1) Parties and Date - This Agreement is entered into as of July 17, 2006 by and between
the City of San Rafael a municipal corporation ("City"), and Kenneth A. Nordhoff
("Nordhoff' or "City Manager"). The City and the City Manager are sometimes
individually referred to herein as a "Party" and collectively as "Parties."
A) The City requires the services of a City Manager.
B) The City Manager has the necessary education, experience, skills and expertise to
serve as the City's City Manager; and
C) The City Council of the City desires to employ the City Manager to serve as the
City Manager of City.
D) The Parties desire to execute this Agreement pursuant to the authority of and
subject to the provisions of Government Code Section 53260 et seq.
E) In consideration of these Recitals and the performance by the Parties of the
promises, covenants, and conditions herein contained, the Parties agree as
follows.
2) Emplovment - The City hereby employs Nordhoff as its City Manager, and Nordhoff
hereby accepts such employment on the terms and conditions, recited herein.
3) Term- The Initial Term shall be for a period of 60 months commencing on July 1, 2006,
and continuing until June 30, 2011, (the initial "Termination Date"); provided however
that the parties hereto may, by written agreement and modification of this paragraph
extend the term provided herein.
4) Commitments and Understandings
A) City Manager's Commitments
(1) Duties & Authority
(a) The City Manager shall be the chief administrative officer of the City and be
responsible to the City Council for the proper administration of all affairs of
the City.
(b) The City Manager shall perform all of the duties of the City Manager as set
forth in Section 2.08 of the San Rafael Municipal Code, applicable
provisions of the California Government Code, City policies and procedures
approved by the City Council, as may be provided from time to time. The
City Council has designated and may also designate the City Manager as
the chief executive of other City -related legal entities. Such other legal
entities include the Redevelopment Agency, financing authorities, and joint
powers authorities.
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EMPLOYMENT AGREEMENT — Ken Nordhoff
(c) The City Manager shall administer and enforce policies established by the
City Council and promulgate rules and regulations as necessary to
implement such policies. To accomplish this, the City Manager shall be
required to:
(i) Attend all meetings of the City Council, unless excused by the Mayor.
(ii) Review all agenda documents before preparing the agenda for all
regular or special meetings of the City Council.
(iii) Direct the work of all appointive City officers and departments.
(iv)The City Manager shall endeavor to implement changes that the City
Manager believes will result in greater efficiency, economy, or
improved public service in the administration of City affairs.
Recommend to the City Council from time to time, adoption of such
measures, as the City Manager may deem necessary or expedient for
the health, safety, or welfare of the community or for the improvement
of administrative services. The City Manager shall conduct research in
administrative practices in order to bring about greater efficiency and
economy in City government, and develop and recommend to the City
Council long-range plans to improve City operations and prepare for
future City growth and development
(v) Consolidate or combine offices, positions, departments, or units under
the City Manager's jurisdiction. The City Manager may be the head of
one or more City departments.
(vi)Provide management training, including succession planning, and
develop leadership qualities among department heads and staff as
necessary to build a City management team that can plan for and
meet future challenges.
(vii) Exercise control of City government in emergencies as
authorized by the Municipal code and California law.
(2) Hours of Work
(a) The City Manager is an exempt employee but is expected to engage in those
hours of work that are necessary to fulfill the obligations of the position. The
position does not have set hours of work and the City Manager is expected to
be available at all times.
(b) It is recognized that the City Manager must devote a great deal of time to the
business of the City, outside of the City's customary business hours, and to
that end the City Manager's schedule of work each day and week shall vary
in accordance with the work required to be performed. The City Manager
shall spend sufficient hours on site to perform his duties; however, the City
Manager has discretion over the City Manager's work schedule and work
location.
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EMPLOYMENT AGREEMENT — Ken Nordhoff
(c) The City Manager shall not spend more than 12 hours per month in
teaching, consulting, speaking, or other non -City connected business for
which compensation is paid without the express prior written consent of the
City Council.
(3) Disability or Inability to Perform
(a) In the event the City Manager becomes mentally or physically incapable of
performing the City Manager's functions and duties taking into account
reasonable accommodation and it reasonably appears such incapacity will
last for more than six months, the City Council may terminate the City
Manager. If the City Council does elect to terminate the City Manager due
to incapacity, the City Manager shall receive all severance benefits
provided in Section 7.0 below.
B) City Commitments
(1) The City shall provide the City Manager with the compensation, incentives and
benefits, specified in this Agreement, as from time to time amended, with
written consent of both parties.
(2) The City shall provide the City Manager with a private office, administrative
assistant, staff, office equipment, supplies, automobile allowance, and all other
facilities and services adequate for the performance of his duties.
(3) The City shall pay for or provide the City Manager reimbursement for all actual
business expenses. The City shall provide the City Manager a City credit card
to charge appropriate and lawful City business expenses.
(4) The City agrees to pay the professional dues, subscriptions, travel and
subsistence expenses on behalf of the City Manager as may be necessary for
the City Manager's continuation and full participation in national, regional, state,
and/or local associations and/or organizations necessary and desirable for the
City Manager's continued professional growth and advancement. Said
reimbursement includes governmental groups and committees upon which the
City Manager serves or may serve as a member. Said expenses may also be
reimbursed or directly paid on behalf on the City Manager for courses,
institutes and seminars that are necessary for the professional development of
the City Manager.
(5) Given the importance of technological tools to the effective and efficient conduct
of the City's business, the City shall provide computer, laptop computer, high-
speed internet access, cellular phone, pager, electronic calendar, fax, copy
machine and similar devices to the City Manager at the City's expense, both at
the City Manager's office and, with the consent of the City Council, at the City
Manager's residence.
(6) The City Council sets policy for the governance and administration of the City,
and it implements its policies through the City Manager.
(7) The City Council recognizes that to meet the challenges facing the City it must
exercise decisive policy leadership. As one step in carrying out this leadership
responsibility, the City Council commits to spending time each year outside of
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EMPLOYMENT AGREEMENT —Ken Nordhoff
regular City Council meetings to work with the City Manager and staff on
setting goals and priorities for the City government, and to work on issues that
may be inhibiting the maximal achievement of City goals.
(8) Except for the purpose of inquiry, the City Council and its members shall deal
with all subordinate City employees, officers, contractors, and consultants
solely through the City Manager or the City Manager's designee, and neither
the City Council nor any member thereof shall give orders to any subordinate of
the City Manager, either publicly or privately.
(9) The City Council agrees none of its individual members will order the
appointment or removal of any person to any office or employment under the
supervision and control of the City Manager.
(10)The City Council agrees that any criticism of a City staff member shall be done
privately through the City Manager.
(11)Neither the City Council nor any of its members shall interfere with the execution
of the powers and duties of the City Manager. The City Manager shall take orders
and instructions from the full City Council only when it is sitting as a body in a
lawfully held meeting.
C) Mutual Commitments
(1) Performance Evaluation
(a) Annual performance evaluations are an important way for the City Council
and City Manager to ensure effective communication about expectations
and performance.
(b) The City Council recognizes that for the City Manager to respond to its
needs and to grow in the performance of the City Manager's job, the City
Manager needs to be advised how the City Council members evaluate the
City Manager's performance.
(c) To assure that the City Manager receives this information, the City Council
shall conduct an evaluation of the City Manager's performance at least
once each year. The City Council and the City Manager agree that
performance evaluations, for the purpose of mid -course corrections, may
occur quarterly or several times during each calendar year. In addition, the
City Council may choose to establish a sub -committee to meet with the City
Manager periodically over the course of each year to measure progress on
stated goals and priorities. The annual evaluation shall occur between
June and July of each year.
(d) The annual review and evaluation shall be in accordance with specific
criteria developed jointly by the City Council and the City Manager. Such
criteria may be added to or deleted as the City Council may from time to
time determine in consultation with the City Manager.
(i) The City Council and the City Manager shall define. such goals and
performance objectives as they mutually determine are necessary for
the proper operation of the City and for the attainment of the City
Council's policy objectives, and the City Council and the City Manager
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EMPLOYMENT AGREEMENT — Ken Nordhoff
shall further establish a relative priority among those goals and
performance objectives.
5) COMPENSATION - The City agrees to provide the following compensation to the City
Manager during the term of the agreement:
A) Compensation & Required Employer Costs
(1) Base Salary
(a) The annual salary for the position of City Manager shall initially be $175,000.
The City Council shall review the manager's salary and benefits annually.
Based upon the Manager's performance and availability of funds, it is the
intent of the City Council to compensate the Manager in a manner
consistent with the nature and scope of his assigned duties and
responsibilities and in light thereof to endeavor to make him the highest
paid City Manager in the County. It is further the intent of the City Council
that the salary of the City Manager always be maintained at a level at least
15% above the highest paid department head.
(2) Required Employer Costs
(a) Federal Insurance Contributions Act (FICA) (if applicable).
(b) Medicare.
(c) Unemployment Compensation.
(d) The cost of any fidelity or other bonds required by law for the City Manager.
(e) The cost to defend and indemnify the City Manager as provided in Section
8.0 below.
(f) Workers Compensation.
B) Benefits
(1) Holidays - The City Manager is entitled to paid holidays in accordance with the
provisions of the salary and benefit plan for the Unrepresented Management
Group.
(2) Leave Allowance
(a) The City Manager shall receive the same vacation accrual and benefits as
provided to the Unrepresented Management class of City employees,
except that the City Manager may accrue earned vacation time to an
unlimited level. The City Manager shall be paid for any unused accrued
vacation upon either voluntary or involuntary termination of employment.
(b) The City Manager shall receive the same sick leave accrual and benefits as
provided to the Unrepresented Management class of City employees. Sick
Leave accrual is based upon tenured employment with the City
(c) City Manager shall be entitled to administrative leave per year in accordance
with the Unrepresented Management class of City employees.
EMPLOYMENT AGREEMENT — Ken Nordhoff
(d) The City Manager shall have the option to convert any accrued vacation or
administrative leave balance to cash at any time.
(e) All vacation, administrative and sick leave hours already accumulated by the
City Manager during the time of his previous positions of employment with
the City of San Rafael are carried forward and made applicable in his new
position as City Manager.
(3) Automobile - The City Manager shall be provided a monthly automobile
allowance of $400.00 in exchange for making his personal vehicle available for
his use in connection with City -related business and/or functions during, before,
and after normal work hours. Said allowance is intended to defray costs the
City Manager incurs in utilizing his personal vehicle for City business. The
automobile allowance shall appear on the City Manager's payroll stub as
ordinary income and part of his salary, but shall not be considered part of City
Manager's base salary for purposes of this Agreement. By the City Manager
making his personal automobile available for use, the City Manager is not
precluded from using City vehicles for City business during, before, and after
the normal workday on occasion, when appropriate.
(4) Benefits that Accrue to Other Employees - The City Manager shall be entitled to
all benefits, rights, and privileges accorded to non-public safety City
Department Directors, including, but not limited to, group health and dental
insurance, except as otherwise provided in this Agreement (See Attachment
A). To the extent the benefits contained herein exceed the benefits provided to
the Unrepresented Management Group employees of the City, this Agreement
shall control.
6) SECURITY
A) Pensions - Marin County Employee Retirement Association (MCERA)
(1) Marin County Employee Retirement Association (MCERA). The City will pay
both the City's share and the City Manager's share for participation in the Marin
County Employee Retirement Association.
B) Deferred compensation
(1) Section 457 Plan.
(a) The City shall make, in equal proportionate amounts each pay period, an
annual contribution equal to $5,000 and as allowed by the Internal
Revenue Code and its related regulations (excluding any age-related and
"catch-up provisions that are now or may in the future become applicable)
into a qualified Section 457 Plan from one of the City approved plans as
selected by the City Manager.
S
EMPLOYMENT AGREEMENT — Ken Nordhoff
(2) Section 401 (a) Plan
(a) The City shall make available, and contribute amounts each pay period to an
Internal Revenue Code Section 401 (a) Plan as established by the City,
consistent with the contributions made for employees in the Unrepresented
Management Group.
(3) Internal Revenue Code Compliance - All provisions of Sections 6.A and 6.13 are
subject to the provisions and limitations of the Internal Revenue Code and its
related regulations as amended from time to time. No requirement of any
provision of Sections 6.A and 6.13 shall be effective if it would violate any
provision of the Internal Revenue Code or its related regulations, and the
inability of the City to effectuate such requirements shall not constitute a breach
of this Agreement.
C) Insurance
(1) Disability Insurance. Long Term Disability insurance is to be provided.
(2) Life Insurance. Term life insurance in the amount of $250,000, with the
premium to be paid by the City payable to a beneficiary the City Manager
designates.
7) SEPARATION
A) Resignation/ Retirement - The City Manager may resign at any time and agrees to
give the City at least 45 days advance written notice of the effective date of his
resignation, unless the Parties otherwise agree in writing. If the City Manager retires
from full time public service with the City, the City Manager may provide six
months' advance notice. The City Manager's actual retirement date shall be
mutually agreed to and established.
B) Termination & Removal —
(1) While this Agreement contains reference to an initial 5 year term in Section 3
above it is expressly understood that the Manager is an at -will employee of the
City, serving at the pleasure of the City Council as provided in Government
Code Section 36506.
(2) The City Council may remove the City Manager at any time, with or without
cause, by a majority vote of its members. Notice of termination shall be
provided to the City Manager in writing. Termination as used in this Section
shall also include a request that the City Manager resign an unconsented to
reduction in salary or other financial benefits of the City Manager, a material
reduction in the powers and authority of the City Manager, or the elimination of
the City Manager's position.
(3) Given the at -will nature of the position of City Manager, an important element of
the employment agreement pertains to termination. It is in both the City's
interest and that of the City Manager that any separation of the City Manager
be accomplished in a dignified and businesslike manner.
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EMPLOYMENT AGREEMENT — Ken Nordhoff
C) Severance Pay
(1) In the event the City Manager is terminated by the City Council during such time
as the City Manager continues to be willing and able to perform his duties
under this Agreement, then, and in that event, the City agrees to pay the City
Manager a lump sum cash payment equal to twelve months' base salary. It is
the intention of the parties that this paragraph complies with the requirements
of Government Code Section 53260 et. seq. In the event of any conflict
between this provision and those code sections, the terms of those code
sections shall govern the contractual relationship between the employer and
employee
(2) In addition, the City shall extend to the City Manager the right to continue health
insurance as may be required by and pursuant to the terms and conditions of
the Consolidated Omnibus Budget Reconciliation Act Of 1986 (COBRA).
(3) All payments required under Sections 7.0 (1), and (2), are subject to and shall
be interpreted to comply with the limitations set forth in Government Code
Section 53260.
D) Involuntary Resignation
(1) In the event that the City Council formally, or a majority of the City Council
informally, asks the City Manager to resign, then the City Manager shall be
entitled to resign and still receive the severance benefits provided in Section
7.0 above.
E) Separation for Cause
(1) Notwithstanding the provisions of Section 7.C, the City Manager may be
terminated for cause. As used in this Section, "cause" shall mean only one or
more the following:
(a) Conviction of a felony;
(b) Conviction of any illegal act involving moral turpitude or personal gain;
(c) A plea of nolo contendere to any felony or illegal act involving moral
turpitude or personal gain;
(d) Any act constituting a knowing and intentional violation of City's conflict of
interest code;
(e) Continued abuse of non-prescription drugs or alcohol that materially affects
the performance of the Manager's duties; or
(f) Repeated and protracted unexcused absences from the City Manager's
office and duties.
(2) In the event the City terminates the City Manager for cause, then the City may
terminate this Agreement immediately, and the City Manager shall be entitled
to only the compensation accrued up to the date of termination, payments
required by Section 7.F below, and such other termination benefits and
payments as may be required by law. The City Manager shall not be entitled to
any severance benefits provided by Section 7.C.
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EMPLOYMENT AGREEMENT —Ken Nordhoff
F) Payment for Unused Leave Balance
(1) On separation from City employment, the City Manager shall be paid for all
unused accrued leave allowances provided in Section 5.13 (2) above.
Accumulated leave balances shall be paid at the City Manager's monthly salary
rate at the effective date of separation.
8. MISCELLANEOUS PROVISIONS
A) Amendments - This Agreement may be amended at any time by mutual written
agreement of the City and the City Manager.
B) Conflict of interest
(1) The City Manager shall not engage in any business or transaction or have a
financial or other personal interest or association, direct or indirect, which is in
conflict with the proper discharge of his official duties or which would tend to
impair independence in the performance of his official duties.
(2) The City Manager shall also be subject to the conflict of interest provisions of
the California Government Code and any conflict of interest code applicable to
the City Manager's City employment.
(3) The City Manager is responsible for submitting to the City Clerk the appropriate
Conflict of Interest Statements at the time of appointment, annually thereafter,
and at the time of separation from the position.
C) Indemnification
(1) To the full extent of the law as provided by the California Torts Claims Act
(Government Code Section 810 et seq.) and the indemnity provisions of this
Agreement, whichever shall provide the greatest protection to the City
Manager, the City, shall defend and indemnify the City Manager against and
for all losses sustained by the City Manager in direct consequences of the
discharge of the City Manager's duties on the City's behalf for the period of the
City Manager's employment.
(2) The City shall defend, save harmless and indemnify the City Manager against
any tort, professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission occurring in
the performance of the City Manager's duties as City Manager. The City may
compromise and settle any such claim or suit and pay the amount of any
settlement or judgment rendered thereon in the City's sole discretion.
(3) Whenever the City Manager shall be sued for damages arising out of the
performance of his duties, the City shall provide a legal defense for the City
Manager in such suit and indemnify the City Manager from any judgment
rendered against the City Manager; provided that such indemnity shall not
extend to any judgment for damages arising out of any willful wrongdoing.
This indemnification shall extend beyond termination of employment and the
otherwise expiration of this Agreement to provide protection for any such acts
undertaken or committed in the City Manager's capacity as City Manager,
regardless of whether the notice of filing of a lawsuit occurs during or following
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EMPLOYMENT AGREEMENT — Ken Nordhoff
employment with the City. This indemnity provision shall survive the
termination of the Agreement and is in addition to any other rights or remedies
that the City Manager may have under the law.
(4) The City and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the City Manager, for all matters while
acting within the scope of the City Manager's duties, from all claims, losses and
liabilities arising out of or incident to activities or operations performed by or on
behalf of the City or any party affiliated with or otherwise claiming under or
through it, regardless of any prior, concurrent, or subsequent active or passive
negligence by the City Manager.
(5) In the event that the City Manager shall serve as the chief executive of other
City -related legal entities as provided in Section 4.A (1)(b) above, then each
provision of this Section 7.0 shall be equally applicable to each City -related
legal entity as though set forth in an indemnity agreement between the City
Manager and that legal entity. The City hereby guarantees the performance of
this indemnity obligation by the City -related legal entity, and shall indemnify
and hold the City Manager harmless against any failure or refusal by City
related legal entity to perform its obligations under this Section 7.C.
D) Severability - If any clause, sentence, part, section, or portion of this Agreement is
found by a court of competent jurisdiction to be illegal or unenforceable, such clause,
sentence, part, section, or portion so found shall be regarded as though it were not
part of this Agreement and the remaining parts of this Agreement shall be fully binding
and enforceable by the Parties hereto.
E) Laws Affecting Title - In addition to those laws affecting a City Manager, the City
Manager shall have the same powers, rights and responsibilities as a Chief
Administrative Officer, City Administrative Officer, Administrator, and/or City
Administrator as those terms are used in local, state or federal laws.
F) Jurisdiction and Venue - This Contract shall be construed in accordance with the
laws of the State of California, and the Parties agree that venue shall be in Marin
County, California.
G) Entire Agreement - This Contract represents the entire agreement of the Parties,
and no representations have been made or relied upon except as set forth herein. This
Contract may be amended or modified only by a written, fully executed agreement of
the Parties.
H) Notice - Any notice, amendments, or additions to this Agreement, including change
of address of either party during the term of this Agreement, which the City Manager
or the City shall be required, or may desire, to make shall be in writing and shall be sent
by prepaid first class mail or hand delivered to the respective Parties as follows:
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EMPLOYMENT AGREEMENT — Ken Nordhoff
(a) If to the City:
Mayor
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
With a copy to the City Attorney
(b) If to the City Manager:
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
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EMPLOYMENT AGREEMENT — Ken Nordhoff
EXECUTION:
IN WITNESS WHEREOF, the City of San Rafael has caused this Agreement to be
duly executed by its Mayor and the City Manager, and duly attested by its City Clerk, the day
and year first written above.
EMPLOYER - CITY OF SAN RAFAEL
i
By: l
Alberti . Boro, ayor
ATTEST:
*-V . Al .
J aL nne Leoncini, City Clerk
APPROVED AS TO FORM:
�'a'U ar
Gary-'T. Ragghianti
City Attorney
CITY MANAGER
<\ .l,\l
Ken-NorcNQff
14
ATTACHMENT A
RESOLUTION NO. 11227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION No. 10882 PERTAINING TO THE COMPENSATION
AND WORKING CONDITIONS FOR UNREPRESENTED MANAGEMENT AND MID -
MANAGEMENT EMPLOYEES AND ELECTED CITY ATTORNEY AND CITY CLERK
(July 1, 2002 through June 30, 2006)
I. SALARY
A. Goal and Compensation Definitions
Goal: It is the goal of the City Council to try to achieve a total compensation package for
all employees in an amount equal to the following:
1. One dollar ($1.00) above the average of the total compensation paid to the same or
similar classifications in the following ten (10) cities: Alameda, Fairfield, Hayward,
Napa, Novato, San Leandro, Santa Rosa, Sausalito, South San Francisco and Vallejo.
AND
2. The highest total compensation paid to the same or similar classifications in each of
the following Marin County police agencies: Belvedere, Fairfax, Marin County Sheriffs
Office, Mill Valley, Novato, Ross, San Anselmo, Sausalito, Tiburon and Twin Cities.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding
longevity pay steps), educational incentive pay, car allowance, 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 (to be included for total compensation
survey beginning July 1, 2004), employer paid contributions toward insurance premiums
for health, life, long term disability, dental and vision plans, and employer paid
cafeteria/flexible spending accounts.
B. Compensation Surveys
To measure progress towards the above -stated goal, the City will annually survey the
identified benchmark positions, which are identified as an Exhibit and included as part of
this Salary Resolution. Identified benchmark positions from other agencies includes
positions that are identified by the survey agency and have similar job duties,
qualifications, class and grade compared to the identified benchmark job classes.
To measure whether the goal has been reached, a survey of total compensation for top
step benchmark positions will be conducted annually during the month of July of each year
of the contract. 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
below. If such General Tax Revenues are to be applied to a salary increase, there will be
a wage increase retroactive to September 1 for the year under survey for all
classifications. Retroactive pay increases shall apply to all current and retired (members
who did not resign or were terminated) employees represented by this contract during the
retroactive period.
In no event will total compensation increases available through the revenue sharing
provisions of this contract and provided for bargaining unit 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.
C. July 1, 2002 Salary Increase
Effective July 1, 2002, a 2.0% salary increase to the pay range for all Management and Mid -
Management classifications covered by this salary resolution (Exhibit "Al").
1. If General Tax Revenues of the City for fiscal year 2001-2002 exceed General Tax
Revenues of the City for fiscal year 2000-2001 as adjusted by 75% of the total compensation
increases provided for fiscal year 2001-2002, then the members of the bargaining unit shall
be entitled to apply 13.7% of one-half (1/2) of the excess of fiscal year 2001-2002 General
Tax Revenues over fiscal year 2000-2001 General Tax Revenues adjusted for 75% of the
total compensation increases provided to members in fiscal year 2001-2002, for a salary
increase.
2. Such application of the excess General Tax Revenues, as described above, for a
salary increase shall be based on the surveying of total compensation for the benchmark
positions identified on "Exhibit E" attached to this MOU. All related bargaining unit
classifications will receive the same percentage increase as received by their assigned
benchmark positions, but 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.
D. Salary Increase Following Resolution Adoption
Effective the second payroll period following adoption by the City Council, a
2.0% salary increase to the pay range for all Management and Mid -Management
classifications covered by this salary resolution (Exhibit "A2").
E. July 1, 2003 Salary Increase
Effective July 1, 2003, a 4.5% salary increase to the pay range for all
Management and Mid -Management classifications covered by this salary resolution (Exhibit
„B„
1. If General Tax Revenues of the City forfiscal year 2002-2003 exceed General Tax
Revenues of the City for fiscal year 2001-2002 as adjusted by 75% of the total compensation
increases provided for fiscal year 2002-2003, then the members of the bargaining unit shall
be entitled to apply 13.7% of one-half (1/2) of the excess of fiscal year 2002-2003 General
Tax Revenues over fiscal year 2001-2002 General Tax Revenues adjusted for 75% of the
2
total compensation increases provided to members in fiscal year 20022003, for a salary
increase.
2. Such application of the excess General Tax Revenues, as described above, for a
salary increase shall be based on the surveying of total compensation for the benchmark
positions identified on "Exhibit E" attached to this MOU. All related bargaining unit
classifications will receive the same percentage increase as received by their assigned
benchmark positions, but 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.
F. July 1, 2004 Salary Increase
Effective July 1, 2004, a 2.5% salary increase to the pay range for all
Management and Mid -Management classifications covered by this salary resolution (Exhibit
„CIT
1. If General Tax Revenues of the City for fiscal year 20032004 exceed General Tax
Revenues of the City for fiscal year 2002-2003 as adjusted by 75% of the total compensation
increases provided for fiscal year 2003-2004, then the members of the bargaining unit shall
be entitled to apply 13.7% of one-half (1/2) of the excess of fiscal year 2003.2004 General
Tax Revenues over fiscal year 2002-2003 General Tax Revenues adjusted for 75% of the
total compensation increases provided to members in fiscal year 2003-2004, for a salary
increase.
2. Such application of the excess General Tax Revenues, as described above, for a
salary increase shall be based on the surveying of total compensation for the benchmark
positions identified on "Exhibit P attached to this MOU. All related bargaining unit
classifications will receive the same percentage increase as received by their assigned
benchmark positions, but 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.
G. July 1, 2005 Salary Increase
Effective July 1, 2005, a 2.5% salary increase to the pay range for all
Management and Mid -Management classifications covered by this salary resolution (Exhibit
"ID"
1. If General Tax Revenues of the City for fiscal year 20042005 exceed General Tax
Revenues of the City for fiscal year 2003.2004 as adjusted by 75% of the total compensation
increases provided for fiscal year 2004-2005, then the members of the bargaining unit shall
be entitled to apply 13.7% of one-half (1/2) of the excess of fiscal year 2004-2005 General
Tax Revenues over fiscal year 2003-2004 General Tax Revenues adjusted for 75% of the
total compensation increases provided to members in fiscal year 2004-2005, for a salary
increase.
2. Such application of the excess General Tax Revenues, as described above, for a
salary increase shall be based on the surveying of total compensation for the benchmark
positions identified on "Exhibit E" attached to this MOU. All related bargaining unit
classifications will receive the same percentage increase as received by their assigned
benchmark positions, but 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.
H. Car Allowance
Full time Management employees identified in Section 1A of Exhibit "A" are
eligible to have the option of use of a city car or a monthly car allowance (currently the
monthly car allowance is $250.00). As of August 1, 1996 the car allowance is reported as
salary to the Retirement system.
II. INSURANCE
A. Management Health, Life and Disability
1. Management employees listed in Section 1A of the Salary Exhibits (A through D) shall
receive full coverage for selected Health and Disability premium costs, for enrollment in
the Enhanced Plan and for Life insurance in the amount of the basic $5,000 plan and a
plan equaling two times the employee's annual salary, not to exceed $150,000.
2. Management employees who retire from the Marin County Retirement System within
120 days of leaving their City of San Rafael position are eligible to continue in the City's
group health insurance program with the same City contribution toward their insurance
premium that is provided to active Management employees.
B. Mid -Management Health, Life and Disability
1. Mid -Management employees listed in Section 1 B of the Salary Exhibits (A through D)
shall receive full coverage for the premium cost of the basic $5,000 Life Insurance plan
and the supplemental plan up to the amount of the employee's annual salary.
2. The City's contribution towards the premium costs for each eligible employee's Health
and Disability Plans is $442 per month. Effective December 1, 2001 the City shall pay the
full premium cost for the selected Health and Disability plan for active employees in this
Mid -Management group. Mid -Management employees who retire from the Marin County
Retirement System within 120 days of leaving their City of San Rafael position are eligible
to continue in the City's group health insurance program and receive a City contribution
toward their insurance premium. For Mid -Managers who are currently retired or who retire
prior to December 1, 2001, the City's contribution shall not exceed $442 per month. For
Mid -Managers who retire on or after December 1, 2001 the City shall pay the full cost of
the group health insurance premium.
3. Current Mid -Management employees listed in Section 1 B of the Exhibit shall have the
option of enrollment in the existing Disability plan or the enhanced Disability plan (See
explanation below) offered by the City's provider. Mid -Management employees listed in
Section 1 B, who are hired on or after August 1, 1991, if electing Disability coverage, must
enroll in the enhanced Disability plan.
Existinq Plan: The amount of Monthly Income shal be sixty-six and two-thirds
percent of the first $1,500 of the Member's basic monthly earnings, reduced by
any Deductible Benefits.
Enhanced Plan: The amount of Monthly Income shall be sixty-six and two-thirds
percent of the first $7,500 of the Membert basic monthly earnings, reduced by
any Deductible Benefits.
C. Dental
The City will provide a dental program offering 100% coverage for diagnostic and
preventative care, $25.00 deductible on corrective care (80% / 20% per patient, per calendar
year) and orthodontic coverage (50%/50%) for age eligible dependents; and 80%/20%
coverage of crowns, casts and restorations in accordance with plan document with the
Dental provider.
The maximum benefit for dental insurance per eligible enrollee is $1,500/calends- 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).
II. RETIREMENT
A. EPMC
The City will pay up to a maximum of five percent (5%) of theemployee's retirement
contribution rate (EPMC rate) or fifty percent (50%) of the employee's retirement
contribution rate, whichever is less, to the Marin County Retirement System.
➢ Effective the second pay period from adoption of this Resolution, by tte City Council,
the City will pay the first three percent (3%) of the employee's EPMC rate.
➢ Effective July 1, 2003, the City will pay the first two percent (2%) of the employee's
EPMC rate.
➢ Effective July 1, 2004, the City will pay the first one percent ('P/o) of the employee's
EPMC rate.
> Effective July 1, 2005, the employee shall be responsible for the full cost of their
EPMC rate.
B. COLA
Effective July 1, 2003, participating employee members 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
Effective July 1, 2004, the City shall provide the Marin County Employee Retirement
Association 2.7% @55 retirement program to all miscellaneous members and the 3.0%
@55 retirement program to all safety members, subject to Marin County Employee
Retirement Association procedures and regulations and applicable 1937 Act laws that
govern such plans.
D. Service Credit For Sick Leave
Management and Mid -Management employees 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 V. A. 1. of this Resolution).
E. Management Allowance
Pursuant to Resolution No. 10657 a Defined Contribution Retirement Plan is adopted for
Management and Mid -Management employees. All rules related to this plan shall be
governed by the Plan document and its amendments. Current contribution is three
percent (3%). 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.
IV. LEAVES OF ABSENCE
A. Sick Leave
1. Employees 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.
2. Accrual of sick leave for usage purposes is unlimited. The maximum
of 1200 hours accrual continues to apply for cash -in purposes.
3. Management and Mid -Management employees may use sick leave
prior to completion of probation. In recognition of exempt status from FLSA, time off for sick
leave purposes shall not be deducted from the employee's accrual unless the time is 7.5 or
more consecutive work hours.
4. Exclusion of sick leave for work injury/illness once determined permanent
and stationary by the treating physician.
B. Vacation Leave
The vacation leave program for Management and Mid -Management employees is as
follows:
Years of service
Leave Accrual rate_ /yearly
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 time off for vacation leave purposes, exempt status from FLSA shall not be
deducted from the employees accrual, unless the time is 7.5 or more consecutive work
hours.
The vacation accrual cap policy was established in March of 1997; and provides that no
employee may annually carry forward hours in excess of the cap (one calendar year to
another). The vacation accrual cap has been established at 30 days (225 hours). NOTE:
Employees who were already over this cap on March 31, 1997 will not lose those accrued
hours, but will not be able to carry over any additional hours as long as their balance
exceeds the thirty -day cap.
C. Administrative Leave
Management and Mid -Management employees 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 AdministrAive Leave does not cant'
over from one calendar year to the next, nor are unused balances paid off upon an
employee's resignation.
In recognition of exempt status from FLSA time off for Administrative leave purposes shall
not be deducted from employees accrual, unless the time is 7.5 or more consecutive work
hours.
D. Holidays
City currently provides eleven designated holidays and two floating holidays per year to employees
covered by this Resolution. 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 an employee's spouse, child, parent, brother, sister, inlaw(s), relative
who lives or has lived in the home of the employee to such an exbnt 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 of bereavement leave, may be granted to attend the
funeral.
In those cases where the death involves an individual who had such a relationship with the
employees, as defined above, the employee shall sign a simple affidavit describing the relatimship
and submit this to their immediate supervisor as part of the request for bereavement leave.
F. Catastrophic Leave
Employees may donate accrued leave to other City employees suffering from a
catastrophic illness or injury either to themselves, a spouse, a parent, or to a dependent
minor child. Catastrophic leave is a paid leave of absence due to a life threatening,
verifiable long-term illness or injury such as, but not limited to, cancer or heart attack,
which clearly disables the individual. Employees who have successfully completed 1,950
hours or one year in paid status shall be eligible for catastrophic leave due to their own
serious illness or injury or serious illness or injury to a spouse, parent, or dependent minor
child.
The employee must first exhaust all applicable leave (sick, vacation and/or administrative
leave) before qualifying for catastrophic leave. Catastrophic leave shall be additional paid
leave made available from vacation, sick leave or administrative leave hours donated by
other employees to a specific qualified employee. Employees donating vacation, sick
leave, or administrative leave must donate in increments of whole hours. The donating
employee must have a vacation leave balance of at least 40 hours after the donation of
vacation leave. The donating employee may not donate more than one-half of their
accrued sick leave, and must be left with a balance of at least eighty (80) hours of accrued
sick leave after the donation. Employees may donate all of their administrative leave.
An employee requesting catastrophic leave must receive the approval of the City
Manager. Such leave may initially be approved for up to a maximum of 340 donated
hours. If the catastrophic illness or injury continues, up to an additional 340 donated hours
may be recommended and approved. The Management Services Department shall
account for the donation and disbursement of catastrophic leave hours. All time donated
will be credited on an hour to hour basis regardless of pay differentials between the
donating employee and the recipient.
Catastrophic leave shall not be used in conjunction with any long or short term disability or
Workers Compensation leave. While an employee is on catastrophic leave, using
donated hours, the employee shall not accrue any vacation or sick leave.
V. EMPLOYMENT TERMS
A. Work Day
Unless otherwise designated by the Appointing Authority, the normal business hours for
vacation, sick and administrative leave deduction and sick and administrative leave accrual
purposes for positions in this salary resolution shall be 7.5 hours per day.
B. Drug Free Work Place
Management and Mid -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
Management and Mid -Management employees endorse the Furlough Program described in
Exhibit "G" attached to this salary resolution.
D. Pay for Performance Evaluation System
Management and Mid -Management employees shall be evaluated annually based the
evaluation program adopted by the City Council in October of 1996 and incorporated by
reference herein.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, tereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council
of said City the 1 Uh day of December, 2002 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JN M LEONCINi, CITY CLERK
`T
Management and Mid -Management (Non -Represented)
Salary Resolution July 1, 2002 — June 30, 2006
Exhibits
Al July 1, 2002 Salary Schedule
A2 Second Period Following Adoption Salary Schedule
B July 1, 2003 Salary Schedule
C July 1, 2004 Salary Schedule
D July 1, 2005 Salary Schedule
E Benchmark Job Classes and Internal Relationships
F Drug and Alcohol Policy
G Furlough Program
X
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Exhibit Al
1 -Jul -02
2.00%
Section 1A Management Job Class Titles
GRADE
DESCRIPTION
GROUP
Step A Step E
12001
ASST CITY MANAGER MS
Management
$
8,906.64 $
10,825.26
17101
FIRE CHIEF
Management
$
8,689.38 $
10,561.08
16101
POLICE CHIEF
Management
$
8,689.38 $
10,561.08
12300
COMMUNITY DEVELOPMENT DIRECTOR
Management
$
8,689.38 $
10,561.08
12201
PUBLIC WORKS DIRECTOR
Management
$
8,689.38 $
10,561.08
12801
ECONOMIC DEVELOPMENT DIRECTOR
Management
$
8,270.16 $
10,053.12
12501
ASSISTANT CITY ATTORNEY
Management
$
7,872.36 $
9,568.62
18101
COMMUNITY SERVICES DIRECTOR
Management
$
7,595.94 $
9,232.02
12401
LIBRARY DIRECTOR
Management
$
7,245.06 $
8,805.66
11104
CITY ATTORNEY
Elected
$
7,395.10
11103
CITY CLERK
Elected
$
7,130.46
Section 1 B Mid -Management Job Class Titles
14200
ASST DIR MS -INFO TECHNOLOGY
Mid-Mgmt
$
7,310.34 $
8,885.22
12702
ASST DIR MS -FINANCE
Mid-Mgmt
$
7,310.34 $
8,885.22
12102
ASST DIR MS -HUMAN RES/RISK MGMT
Mid-Mgmt
$
7,310.34 $
8,885.22
19412
ASST DIR PUBLIC WORKS
Mid-Mgmt
$
7,310.34 $
8,885.22
12207
CITY TRAFFIC ENGINEER
Mid-Mgmt
$
6,957.42 $
8,456.82
6950
CHIEF BUILDING OFFICIAL
Mid-Mgmt
$
6,957.42 $
8,456.82
8106
ASST DIR COMMUNITY SERV
Mid-Mgmt
$
6,390.30 $
7,767.30
11105
DEPUTY CITY ATTORNEY
Mid-Mgmt
$
6,303.60 $
7,662.24
9843
INFORMATION SYSTEMS MGR
Mid-Mgmt
$
6,149.58 $
7,474.56
9511
RISK MANAGER
Mid-Mgmt
$
6,149.581$
7,474.56
2104
ASST TO CITY MANAGER
Mid-Mgmt
$
5,853.78 1$
7,114.50
7314
CODE ENFORCEMENT MANAGER
Mid-Mgmt
$
4,543.08 $
6,941.10
7313
ECONOMIC DEVELOPMENT COORD
Mid-Mgmt
$
5,710.98 $
6,941.10
2703
PARKING SERVICES MANAGER
Mid-Mgmt
$
5,710.98 $
6,941.10
9453
PRINCIPAL PLANNER
Mid-Mgmt
$
5,710.98 $
6,941.10
7312
PARKS SUPERINTENDENT
1MId-Mgmt
$
5,571.24 $
6,771.78
17310
SUPERINTENDENT SEWER MAINT
+Mid-Mgmt
1 $
5,571.24 $
6,771.78
7311
SUPERINTENDENT STREET DIVISION
Mid-Mgmt
$
5,571.24 $
6,771.78
8102
SENIOR RECREATION SUPERVISOR
Mid-Mgmt
$
5,375.40 $
6,534.12
12108
PUBLIC WORKS ADMIN SUPERVISOR
Mid-Mgmt
1 $
5,302.98 1$
6,445.38
9204
CULTURAL AFFAIRS SUPERVISOR
Mid-Mgmt
1 $
5,127.54 $
6,232.20
2402
LIBRARY MANAGER
(Management
$
5,127.54 $
6,232.20
9005
EVENTS COORDINATOR
(Mid-Mgmt
$
5,046.96 $
6,135.30
7315
SUPERVISOR -ACCOUNTING
jMid-Mgmt
$
4,924.56 $
5,985.36
8103
RECREATION SUPERVISOR
Mid-Mgmt
$
4,870.50 $
5,920.08
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Exhibit A2
2nd PayPeriod
2.00%
Section 1A Management Job Class Titles
GRADE
DESCRIPTION
GROUP
Step A Step E
2001
ASST CITY MANAGER MS
Management
, $
9,084,77 $
11,041.77
7101
FIRE CHIEF
Management
$
8,863.17 $
10,772.30
6101
POLICE CHIEF
Management
$
8,863.17 $
10,772.30
2300
COMMUNITY DEVELOPMENT DIRECTOR
Management
$
8,863.17 $
10,772.30
2201
PUBLIC WORKS DIRECTOR
Management
$
8,863.17
1+ $
10,772.30
2801
ECONOMIC DEVELOPMENT DIRECTOR
(Management
$
8,435.561$
$
10,254.18
2501
ASSISTANT CITY ATTORNEY
Management
+ $
8,029.81
1$
9,759.99
8101
COMMUNITY SERVICES DIRECTOR
Management
1 $
7,747.861 $
9,416.66
2401
LIBRARY DIRECTOR
Management
$
7,389.96 $
8,981.77
1104
CITY ATTORNEY
Elected
$
- $
7,543.00
1103
CITY CLERK
Elected
$
- $
7,273.07
Section 1 B Mid-Management Job Class Titles
4200
ASST DIR MS -INFO TECHNOLOGY
Mid-Mgmt
$
7,456.55 $
9,062.92
2702
ASST DIR MS-FINANCE
Mid-Mgmt
$
7,456.55 $
9,062.92
2102
ASST DIR MS-HUMAN RES/RISK MGMT
Mid-Mgmt
$
7,456.55 $
9,062.92
9412
ASST DIR PUBLIC WORKS
Mid-Mgmt
$
7,456.55 $
9,062.92
2207
CITY TRAFFIC ENGINEER
Mid-Mgmt
$
7,096.57 $
8,625.96
6950
CHIEF BUILDING OFFICIAL
Mid-Mgmt
$
7,096.57 $
8,625.96
8106
JASST DIR COMMUNITY SERV
Mid-Mgmt
$
6,518.11 1$
7,922.65
1105
IDEPUTY CITY ATTORNEY
Mid-Mgmt
$
6,429.67 $
7,815.48
9843
INFORMATION SYSTEMS MGR
Mid-Mgmt
$
6,272.57 + $
7,624.05
9511
RISK MANAGER
Mid-Mgmt
$
6,272.57 $
7,624.05
2104
(ASST TO CITY MANAGER
Mid-Mgmt
1 $
5,970.86 $
7,256.79
7314
ICODE ENFORCEMENT MANAGER
Mid-Mgmt
' $
4,633.94 $
7,079.92
7313
1 ECONOMIC DEVELOPMENT COORD
Mid-Mgmt
$
5,825.20 $
7,079.92
2703
IPARKING SERVICES MANAGER
Mid-Mgmt
1 $
5,825.20 1$
7,079.92
9453
PRINCIPAL PLANNER
Mid-Mgmt
$
5,825.20' $
7,079.92
7312
PARKS SUPERINTENDENT
Mid-Mgmt
$
5,682.66 $
6,907.22
7310
ISUPERINTENDENT SEWER MAINT
Mid-Mgmt
$
5,682.66 $
6,907.22
7311
ISUPERINTENDENT STREET DIVISION
Mid-Mgmt
$
5,682.66 $
6,907.22
8102
ISENIOR RECREATION SUPERVISOR
Mid-Mgmt
$
5,482.91 1 $
6,664.80
2108
IPUBLIC WORKS ADMIN SUPERVISOR
Mid-Mgmt
+ $
5,409.04 1$
6,574.29
9204
CULTURAL AFFAIRS SUPERVISOR
Mid-Mgmt
$
5,230.091$
$
6,356.84
2402
LIBRARY MANAGER
Management
$
5,230.09
$
6,356.84
9005
IEVENTS COORDINATOR
Mid-Mgr t
$
5,147.90 $
6,258.01
7315
1 SUPERVISOR-ACCOUNTING
Mid-Mgmt
$
5,023.05 $
6,105.07
8103
IRECREATION SUPERVISOR
Mid-Mgmt
+ $
4,967.91 $
6,038.48
L i
i- y
Exhibit B
1 -Jul -03
4.50%
Section 1A Management Job Class Titles
(GRADE
DESCRIPTION
GROUP
Step A
Step E
(`2001
ASST CITY MANAGER MS
Management
$
9,493.59
$
11,538.64
7101
FIRE CHIEF
Management
$
9,262.01
$
11,257.06
6101
POLICE CHIEF
Management
$
9,262.01
$
11,257.06
2300
COMMUNITY DEVELOPMENT DIRECTOR
Management
$
9,262.01
$
11,257.06
12201
PUBLIC WORKS DIRECTOR
Management
$
9,262.01
$
11,257.06
2801
ECONOMIC DEVELOPMENT DIRECTOR
Management
$
8,815.16
$
10,715.62
2501
ASSISTANT CITY ATTORNEY
Management
$
8,391.15
$
10,199.19
6101
COMMUNITY SERVICES DIRECTOR
Management
$
8,096.51
$
9,840.41
12401
LIBRARY DIRECTOR
Management
$
7,722.51
$
9,385.95
11104
CITY ATTORNEY
Elected
$
-
$
7,882.44
11103
CITY CLERK
Elected
$
-
$
7,600.36
Section 1 B Mid -Management Job Class Titles
14200
ASST DIR MS -INFO TECHNOLOGY
Mid-Mgmt
$
7,792.09
$
9,470.76
2702
ASST DIR MS -FINANCE
Mid-Mgmt
$
7,792.09
$
9,470.76
12102
ASST DIR MS -HUMAN RES/RISK MGMT
Mid-Mgmt
$
7,792.09
$
9,470.76
19412
ASST DIR PUBLIC WORKS
Mid-Mgmt
$
7,792.09
$
9,470.76
12207
CITY TRAFFIC ENGINEER
Mid-Mgmt
$
7,415.91
$
9,014.12
16950
CHIEF BUILDING OFFICIAL
Mid-Mgmt
$
7,415.91
$
9,014.12
8106
ASST DIR COMMUNITY SERV
Mid-Mgmt
$
6,811.42
$
8,279.17
1105
DEPUTY CITY ATTORNEY
Mid-Mgmt
$
6,719.01
$
8,167.18
9843
INFORMATION SYSTEMS MGR
Mid-Mgmt
$
6,554.84
$
7,967.13
9511
RISK MANAGER
Mid-Mgmt
$
6,554.84
$
7,967.13
2104
ASST TO CITY MANAGER
Mid-Mgmt
$
6,239.54
$
7,583.35
7314
CODE ENFORCEMENT MANAGER
1Mid-Mgmt
( $
4,842.47
$
7,398.52
7313
ECONOMIC DEVELOPMENT COORD
Mid-Mgmt
1 $
6,087.33
$
7,398.52
2703
PARKING SERVICES MANAGER
1Mid-Mgmt
IS
6,087.33
$
7,398.52
19453
PRINCIPAL PLANNER
1Mid-Mgmt
1 $
6,087.33 1
$
7,398.52
17312
PARKS SUPERINTENDENT
1Mid-Mgmt
1 $
5,938.38 1$
7,218.04
7310
SUPERINTENDENT SEWER MAINT
1Mid-Mgmt
1 $
5,938.38 1$
7,218.04
17311
SUPERINTENDENT STREET DIVISION
Mid-Mgmt
1 $
5,938.38$
7,218.04
18102
SENIOR RECREATION SUPERVISOR
1Mid-Mgmt
1 $
5,729.64'
$
6,964.72
2108
PUBLIC WORKS ADMIN SUPERVISOR
Mid-Mgmt
1 $
5,652.45 1$
6,870.13
9204
CULTURAL AFFAIRS SUPERVISOR
Mid-Mgmt
$
5,465.44 1$
6,642.90
2402
LIBRARY MANAGER
1Management
1 $
5,465.44 1$
6,642.90
9005
EVENTS COORDINATOR
1Mid-Mgmt
1 $
5,379.55 1$
6,539.62
7315
SUPERVISOR - ACCOUNTINGIMid-Mgmt
Mid-Mgmt
$
5,249.09 I
$
6,379.80
8103
RECREATION SUPERVISOR
1 $
5,191.47 1
$
6,310.21
i- y
�y
Exhibit C
1 -Jul -04
2.50%
Section 1A Management Job Class Titles
GRADE
DESCRIPTION
GROUP
Step A
Step E
2001
ASST CITY MANAGER MS
Management
$
9,730.93
$
11,827.11
7101
FIRE CHIEF
Management
$
9,493.56
$
11,538.48
6101
POLICE CHIEF
Management
$
9,493.56
$
11,538.48
2300
COMMUNITY DEVELOPMENT DIRECTOR
Management
$
9,493.56
$
11,538.48
2201
PUBLIC WORKS DIRECTOR
Management
$
9,493.56
$
11,538.48
2801
ECONOMIC DEVELOPMENT DIRECTOR
Management
$
9,035.54
$
10,983.51
2501
ASSISTANT CITY ATTORNEY
Management
$
8,600.93
$
10,454.17
6101
COMMUNITY SERVICES DIRECTOR
Management
$
8,298.93
$
10,086.42
2401
LIBRARY DIRECTOR
Management
$
7,915.57
$
9,620.60
1104
CITY ATTORNEY
Elected
$
-
$
8,079.50
1103
CITY CLERK
Elected
$
-
$
7,790.37
Section 1B Mid -Management Job Class Titles
4200
ASST DIR MS -INFO TECHNOLOGY
Mid-Mgmt
$
7,986.89
$
9,707.52
2702
ASST DIR MS -FINANCE
Mid-Mgmt
$
7,986.89
$
9,707.52
2102
ASST DIR MS -HUMAN RES/RISK MGMT
Mid-Mgmt
$
7,986.89
$
9,707.52
9412
ASST DIR PUBLIC WORKS
Mid-Mgmt
$
7,986.89
$
9,707.52
2207
CITY TRAFFIC ENGINEER
Mid-Mgmt
$
7,601.31
$
9,239.48
6950
CHIEF BUILDING OFFICIAL
Mid-Mgmt
$
7,601.31
$
9,239.48
8106
ASST DIR COMMUNITY SERV
Mid-Mgmt
$
6,981.71
$
8,486.14
1105
DEPUTY CITY ATTORNEY
Mid-Mgmt
$
6,886.98
$
8,371.36
9843
INFORMATION SYSTEMS MGR
Mid-Mgmt
$
6,718.71
$
8,166.31
9511
RISK MANAGER
Mid-Mgmt
$
6,718.71
$
8,166.31
2104
ASST TO CITY MANAGER
Mid-Mgmt
$
6,395.53
$
7,772.93
7314
CODE ENFORCEMENT MANAGER
Mid-Mgmt
$
4,963.53
$
7,583.48
7313
ECONOMIC DEVELOPMENT COORD
Mid-Mgml
$
6,239.52
$
7,583.48
2703
PARKING SERVICES MANAGER
Mid-Mgmt
$
6,239.52
$
7,583.48
9453
PRINCIPAL PLANNER
Mid-Mgmt
$
6,239.52
$
7,583.48
7312
PARKS SUPERINTENDENT
Mid-Mgmt
$
6,086.84
$
7,398.49
7310
SUPERINTENDENT SEWER MAINT
Mid-Mgmt
$
6,086.84
$
7,398.49
7311
SUPERINTENDENT STREET DIVISION
Mid-Mgmt
$
6,086.84
$
7,398.49
8102
SENIOR RECREATION SUPERVISOR
Mid-Mgmt
$
5,872.88
$
7,138.84
2108
PUBLIC WORKS ADMIN SUPERVISOR
Mid-Mgmt
$
5,793.76
$
7,041.88
9204
CULTURAL AFFAIRS SUPERVISOR
Mid-Mgmt
$
5,602.08
$
6,808.97
2402
LIBRARY MANAGER
Management
$
5,602.08
$
6,808.97
9005
EVENTS COORDINATOR
Mid-Mgmt
$
5,514.04
$
6,703.11
7315
SUPERVISOR - ACCOUNTING
Mid-Mgmt
$
5,380.32
$
6,539.29
8103
RECREATION SUPERVISOR
Mid-Mgmt
$
5,321.25
$
6,467.97
�y
L IL
Exhibit D
1-Jul-05
2.50%
Section 1A Management Job Class Titles
GRADE
DESCRIPTION
GROUP
Step A Step E
12001
ASST CITY MANAGER MS
Management
$
9,974.20 $
12,122.79
7101
FIRE CHIEF
Management
$
9,730.90 $
11,826.94
6101
POLICE CHIEF
(Management
$
9,730.90 $
11,826.94
2300
COMMUNITY DEVELOPMENT DIRECTOR
(Management
$
9,730.90 $
11,826.94
2201
PUBLIC WORKS DIRECTOR
IManagement
$
9,730.90 $
11,826.94
12801
ECONOMIC DEVELOPMENT DIRECTOR
IManagement
$
9,261.43 $
11,258.10
2501
ASSISTANT CITY ATTORNEY
Management
$
8,815.95 1 $
10,715.53
8101
COMMUNITY SERVICES DIRECTOR
Management
1 $
8,506.40 $
10,338.58
2401
LIBRARY DIRECTOR
IManagement
1 $
8,113.461 $
9,861.12
1104
CITY ATTORNEY
jElected
$
- $
8,281.49
1103
CITY CLERK
Elected
$
- $
7,985.13'
Section 1 B Mid-Management Job Class Titles
4200
ASST DIR MS -INFO TECHNOLOGY
Mid-Mgmt
$
8,186.57 $
9,950.21
2702
ASST DIR MS-FINANCE
Mid-Mgmt
$
8,186.57 $
9,950.21
2102
ASST DIR MS-HUMAN RES/RISK MGMT
Mid-Mgmt
$
8,186.57 $
9,950.21
9412
ASST DIR PUBLIC WORKS
Mid-Mgmt
$
8,186.57 $
9,950.21
2207
CITY TRAFFIC ENGINEER
Mid-Mgmt
$
7,791.34 $
9,470.46
6950
CHIEF BUILDING OFFICIAL
Mid-Mgmt
$
7,791.34 $
9,470-46
8106
ASST DIR COMMUNITY SERV
Mid-Mgmt
$
7,156.25 $
8,698.30
1105
DEPUTY CITY ATTORNEYIMid-Mgmt
Mid-Mgmt
$
7,059.16 $
8,580.65
9843
INFORMATION SYSTEMS MGR
$
6,886.681$
8,370.47
9511
RISK MANAGER
(Mid-Mgmt
$
6,886.68' $
8,370.47
2104
ASST TO CITY MANAGER
(Mid-Mgmt
1 $
6,555.42 1$
7,967.25
7314
CODE ENFORCEMENT MANAGER
jMid-Mgmt
$
5,087.62 $
7,773.07
7313
ECONOMIC DEVELOPMENT COORD
(Mid-Mgmt
$
6,395.50 $
7,773.07
2703
PARKING SERVICES MANAGER
Mid-Mgmt
' $
6,395.50 $
7,773.07
9453
PRINCIPAL PLANNER
Mid-Mgmt
$
6,395.50 $
7,773.07
7312
PARKS SUPERINTENDENT
Mid-Mgmt
$
6,239.02 $
7,583.45
7310
SUPERINTENDENT SEWER MAINT
(Mid-Mgmt
$
6,239.02 $
7,583.45
17311
SUPERINTENDENT STREET DIVISION
jMid-Mgmt
$
6,239.02 $
7,583.45
8102
SENIOR RECREATION SUPERVISOR
(Mid-Mgmt
$
6,019.70 $
7,317.31
2108
PUBLIC WORKS ADMIN SUPERVISOR
Mid-Mgmt
$
5,938.60 $
7,217.93
9204
CULTURAL AFFAIRS SUPERVISOR
Mid-Mgmt
$
5,742.13 $
6,979.20
2402
LIBRARY MANAGER
IManagement
$
5,742.13 $
6,979.20
9005
EVENTS COORDINATOR
Mid-Mgmt
I $
5,651.89 $
6,870.68
7315
SUPERVISOR - ACCOUNTING1MId-Mgmt
Mid-Mgmt
i $
5,514.82 $
6,702.77
8103
RECREATION SUPERVISOR
1 $
5,454.28 $
6,629.67
L IL
Management/Mid-Management (Non -Represented) Job Class Group
Exhibit "E" Benchmark Job Classes and Internal Relationships
- �i:�:i..'t x •;-"-:.'i'"'kt�'�'J�,..gF,-S^w :.__yy#yr,yc•=�.
`=fat;?Benchria(r�ob'Glass'r,;'< Community Services Director
Benchmark -7 pay grades
Benchmark —14 pay grades
Benchmark -18 pay grades
:_Ben hilt6. C
43
.�
Benchmark — 14 pay grades
(Benchmark +1 platy grade
�.L+.+IAcN�j�. 3.. e.i`�.t� t�.•�. Sakai if'%';+irY")'i y�i'� � i�..
z:�p,
Jo(L��'Clas`
.4N1�. !.! „3�•!: ��l Tom'.: �..��l�f.,��'
Equivalent to Benchmark
Benchmark —2 pay grades
Benchmark — 4 pay grades
Benchmark — 7 pay grades
(Benchmark — 9 pay grades
Benchmark —13 pay grades
Benchmark —14 pay grades
Benchmark —16 pay grades
(Benchmark — 17 pay grades
(Benchmark — 18 pay grades
(Benchmark — 20 pay grades
Benchmark — 22 pay grades
Benchmark — 23 pay grades
NOTE: Each pay grade is equivalent to 2.5%
Assistant Director - Community Services
Senior Recreation Supervisors
Recreation Supervisors
Library Director
Library Manager, Cultural Affairs Supervisor
Asst City Manager
PW Director
Fire Chief, Police Chief and CD Director
Econ. Dev. Director
Asst. City Attorney
Asst Directors of MS and PW Departments
City Traffic Engineer, Chief Building Official
Deputy City Attorney
Risk Manager, Information Systems Manager
Assistant to the City Manager
Principal Planner, Code Enforcement Mgr, Economic Dev.
Coordinator, Parking Services Mgr.
Streets, Parks, & Sewer Superintendents
Public Works Administrative Supervisor
Events Coordinator
Accounting Supervisor
L: 7
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;
2. 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:
I . Reporting for duty or remaining on duty while having an alcohol concentration level of .02 or greater;
2. Performing any function or activity which presents a demonstrable danger to the safety of the employee
or the safety of others, including but not limited to operating motorized or air powered equipment or
motorized vehicles and working with hazardous materials within four hours of using alcohol.
3. Being on duty or operating a City of San Rafael vehicle while possessing alcohol and/or controlled
substances;
4. Using alcohol while on duty;
l� 6
Drug and Alcohol Policy
5. Reporting for duty or remaining on duty when the employee used any controlled substance, except if the
use is pursuant to the instructions of a physician who has advised the employee that the substance does
not adversely affect the employee's ability to perform his/her job;
6. Reporting for duty or remaining on duty if the employee tests positive for controlled substances;
7. Refusing to submit to any alcohol or controlled substances test required by this Policy. A covered
employee who refuses to submit to a required drug/alcohol test will be treated in the same manner as an
employee who tested 0.04 or greater on an alcohol test or tested positively on a controlled substances
test.
Refusal to submit to an alcohol or controlled substances test required by the Policy includes but is not limited to:
A refusal to provide a urine sample for a drug test, or a breath sample for an alcohol test;
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 lluman 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:
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. 11'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
1. 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
( ru
Drug and Alcohol Policy
C. REFUSAL TO SUBMIT TO AN ALCOHOL AND/OR DRUG TEST:
A covered employee who refuses to submit to any required drug/alcohol testing will be treated in the same manner
as an employee who tested 0.04 or greater on an alcohol test or tested positively on a controlled substances test.
F�. 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.
CONSEQUENCES OF FAILING AN ALCOHOL AND/OR DRUG 'PEST:
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 retum-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.
MWanagement Services- WorkFile\HR- WorkFile\Human Resources\MOU's 2002AAgrs-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 departmeris (as
determined by the Department Head and City Manager) will need to be considered in the actual
granting of V70. 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 t*en 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 ther 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
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MANAGEMENT/MID-MANAGEMENT SALARY RESOLUTION
EXHIBIT "G"
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.
3. MTO time shall apply toward time in service for step increase -5 completion of probation, and
related service credit.
4. Other Terms and Conditions:
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.
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 MTOtime
implemented equally over the remaining number of pay periods in the fiscal year.
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