HomeMy WebLinkAboutCC Resolution 12152 (MOU Condidential Unit)RESOLUTION NO. 12152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR
THE SAN RAFAEL ASSOCIATION OF CONFIDENTIAL EMPLOYEES.
(3 year agreement from July 1, 2006 through June 30, 2009)
WHEREAS, the City of San Rafael and San Rafael Association of Confidential Employees,
herein known as Union, have met and conferred with regard to wages, hours and working
conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding dated November 20, 2006 and consisting of
40 pages and exhibits A, B and C has been executed by duly authorized representatives for both
parties;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
follows:
Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and San
Rafael Association of Confidential Employees, shall utilize the Memorandum of Understanding
dated November 20, 2006 as the official document of reference respecting compensation and
working conditions;
Section 2: The schedules describing classes of positions and salary ranges as Exhibits A, B and C
to said Memorandum of Understanding, together with the Memorandum of Understanding itself are
hereby adopted and both shall be attached hereto and incorporated in full.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said
City on Monday, the 20th day of November, 2006 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, CITY CLERK
MEMORANDUM OF UNDERSTANDING
Between
CITY OF SAN RAFAEL
And
THE ASSOCIATION OF CONFIDENTIAL
EMPLOYEES
July 1, 2006 through June 30, 2009
Kim
Chapter 1 GENERAL PROVISIONS 1
ARTICLE I.I. INTRODUCTION 1
1.1.1. Scope of Agreement. 1
1.1.2. Term. 1
ARTICLE 1.2. RECOGNITION 1
1.2.1. Bargaining Unit. 1
1.2.2. Notice to Employees. 1
ARTICLE 1.3. DISCRIMINATION. 2
1.3.1. In General. 2
1.3.2. Association Discrimination. 2
ARTICLE 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING 2
ARTICLE 1.5. EXISTING LAWS, REGULATIONS AND POLICIES 2
ARTICLE 1.6. STRIKES AND LOCKOUTS 2
ARTICLE 1.7. SEVERABILITY 2
ARTICLE 1.8. PREVAILING RIGHTS 3
ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER 3
1.9.1. Understanding. 3
1.9.2. Waiver & Modification. 3
Chapter 2 ASSOCIATION RIGHTS 3
ARTICLE 2.1. ASSOCIATION REPRESENTATIVES 3
2.1.1. Designation. 3
2.1.2. Bulletin Boards. 3
ARTICLE 2.2. DUES DEDUCTION 4
2.2.1. Collection of Dues and Voluntary Association Deductions 4
2.2.2. Dues Collection During Separation from Employment. 4
2.2.3. Indemnification. 4
CHAPTER 3. WAGES 4
ARTICLE 3.1. General Wage Class Increase 4
3.1. Definitions 4
3.1.1. Base Salary Increase 5
3.1.2. Total Compensation 5
3.1.3. Contract Compensation Increases 5
3.1.4. Consumer Price Index (CPI) 5
3.1.5. Net Change in General Fund Balance 5
3.1.6. General Tax Revenues 5
3.2. Revenue Sharing Increase 5
3.2.1. Conditions and Calculation for Revenue Sharina 6
3.2.2. Schedule 6
ARTICLE 3.3. Step Increase 7
3.3.1. Entry Level Step. 7
3.3.2. Consideration for Step Increase. 7
3.3.3.
Merit Increases. 7
3.3.4.
Anniversary Date. 8
3.3.5.
Promotions. 8
3.3.6.
Performance Evaluation. 8
ARTICLE 3.4. SALARY CHANGE ON RECLASSIFICATION
3.4.1. To a lower classification.
3.4.2. To a different classification with the same salary range.
3.4.3. To a higher classification.
ARTICLE 3.5. COMPENSATION PLAN.
ARTICLE 3.6. PAY DATES
ARTICLE 3.7. PROBATIONARY PERIOD
3.7.1.
Purpose of Probation.
3.7.2.
Length of Probationary Period.
3.7.3.
Rejection During Probation.
3.7.4.
Notification of Rejection.
3.7.5.
Extension of Probationary Period.
3.7.6.
Regular Status.
3.7.7.
Promotion of Probationary Employee.
3.7.8.
Unsuccessful Passage of Promotional Probation.
3.7.9.
Lateral Transfer Probation.
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ARTICLE 3.8. SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS 11
3.8.1. Out -of -Class Compensation. 11
3.8.3. Bilingual Pay Incentive 11
CHAPTER 4. BENEFITS
ARTICLE 4.1. HEALTH AND WELFARE
4.1.1.
City Contribution.
4.1.2.
Pay Back Provision.
4.1.3.
Health Insurance.
4.1.4.
Retirees Health Insurance.
4.1.5.
Vision Plan
4.1.6.
125 Plan.
4.1.7.
Pro Rata Benefit Rules.
ARTICLE 4.2. DENTAL INSURANCE
ARTICLE 4.3. JOINT BENEFIT COMMITTEE ARTICLE
ARTICLE 4.4. STATE DISABILITY INSURANCE (SDI)
ARTICLE 4.5. RETIREMENT
4.5.1 City Paid Employee Retirement
4.5.2 Retirement Plans
4.5.3. Member Cost of Living Rates
4.5.4. Service Credit for Sick Leave
ARTICLE 4.6. SICK LEAVE
4.6.1. Eligibility.
4.6.2. Accumulation.
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4.6.3. Use of Sick Leave. 16
4.6.4. Advance of Sick Leave. 17
4.6.5. Compensation For Unused Portion. 17
ARTICLE 4.7. VACATION LEAVE 17
4.7.1. Eligibility. 17
4.7.2. Rate of Accrual. 17
When an employee is on an approved leave without pay, vacation accrual is prorated based
upon paid hours in the pay period. 18
4.7.3. Administration of Vacation Leave. 18
4.7.4. Vacation Cash In. 19
ARTICLE 4.8. HOLIDAYS
19
4.8.1. Paid Holidays.
19
ARTICLE 4.9. OTHER LEAVES
20
4.9.1. Bereavement Leave.
20
4.9.2. Military Leave.
20
4.9.3. Leave of Absence Without Pay.
20
4.9.4. Industrial Injury Leave.
20
4.9.5. Jury Duty.
21
4.9.6. Family Medical Leave.
21
4.9.7. Catastrophic Leave
22
Catastrophic Leave shall be in accordance with City Catastrophic Leave Policy No. 140. 18,
upon effective date of City adoption.
22
CHAPTER 5. TERMS AND CONDITIONS
22
ARTICLE 5.1. WORK WEEK
22
ARTICLE 5.2. OVERTIME
22
ARTICLE 5.3. COMPENSATORY TIME POLICY
22
5.3.1. Accrual Limit.
22
5.3.2. Overtime Rate.
23
ARTICLE 5.4. TRANSFERS / REASSIGNMENTS
23
5.4.1. Types of Transfers.
23
5.4.2. Minimum Qualifications.
23
5.4.3. Transfer Procedures.
23
ARTICLE 5.5. EDUCATION REIMBURSEMENT PROGRAM
24
5.5.1. Educational Reimbursement Program
24
ARTICLE 5.6. SAFETY
24
5.6.1. Hazardous Materials.
24
ARTICLE 5.7. MISCELLANEOUS
25
5.7.1. Confidential Nature of Personnel Records.
25
5.7.2. Confidential Nature of Medical Records.
25
5.7.3. Outside Employment.
25
5.7.4. Gratuities/Solicitation of Contributions.
25
5.7.5. Return of City Equipment.
25
5.7.6. Political Activity.
25
5.7.7. Employment of Relatives. 25
5.7.8. Use of Vehicles City.
26
5.7.9. Labor/Management Meetings.
26
5.7.10. Contract Orientation Work Sessions.
26
5.7.11. Personnel Rules and Regulations.
26
5.7.12. Uniform Allowance
26
CHAPTER 6. PROCEDURES
27
ARTICLE 6.1. DEMOTION AND SUSPENSION
27
6.1.1. Demotion.
27
6.1.2. Suspension.
27
ARTICLE 6.2. TERMINATION OF EMPLOYMENT
27
6.2.1. Resignation.
27
6.2.2. Termination Layoff.
27
6.2.3. Termination - Disciplinary Action.
28
6.2.4. Retirement.
28
6.2.5. Rejection During Probation.
28
ARTICLE 6.3. DISCIPLINARY ACTION
28
6.3.1. Right to Discipline and Discharge.
28
6.3.2. Preliminary Notice.
29
6.3.3. Disciplinary Action and Appeal.
29
6.3.4. Sexual/Racial Harassment.
30
ARTICLE 6.4. GRIEVANCE PROCEDURE.
30
6.4.1. Definitions.
30
6.4.2. Procedure.
31
6.4.3. General Provisions.
32
ARTICLE 6.5. POSITION RECLASSIFICATION PROCEDURE
32
6.5.1. Purpose.
32
6.5.2. Policy.
33
6.5.3. Creation of New Position.
33
6.5.4. Reclassification.
33
ARTICLE 6.6. FURLOUGH PROGRAM
34
6.6.1. Voluntary Time Off (VTO).
34
6.6.2. Mandatory Time Off (MTO).
35
CHAPTER 7. MANAGEMENT RIGHTS
36
CHAPTER 8. REDUCTION IN FORCE
37
ARTICLE 8.1. AUTHORITY
37
ARTICLE 8.2. NOTICE
37
ARTICLE 8.3. ORDER OF LAYOFF
37
ARTICLE 8.4. SENIORITY
37
ARTICLE 8.5. BUMPING RIGHTS
37
ARTICLE 8.6. TRANSFER RIGHTS
38
ARTICLE 8.7. RE-EMPLOYMENT
8.7.1.
General Guidelines.
8.7.2.
Right to Re-employment.
8.7.3.
Time Limits.
8.7.4.
Availability.
8.7.5.
Probationary Status.
8.7.6.
Restoration of Benefits.
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This Memorandum of Understanding is entered into pursuant to the provisions of
Section 3500, et seq. of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in said
representation unit, and have freely exchanged information, opinions and
proposals and have reached agreement on all matters relating to the employment
conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the
City of San Rafael as the joint recommendation of the undersigned parties for
salary and employee benefit adjustments for the period commencing July 1, 2006
through June 30, 2009.
As used in this Memorandum of Understanding, the words "days" or "working
days" shall be deemed to mean those days of the week that the City Hall of the
City of San Rafael is open for business, unless there is a specific reference to
calendar days.
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 1.1. INTRODUCTION
1.1.1. Scope of Agreement.
The salaries, hours, fringe benefits and working conditions set forth have been
mutually agree upon by the designated bargaining representatives of the City of
San Rafael (herein -after called "CITY") and The Association of Confidential
Employees (herein -after called "ASSOCIATION") and shall apply to all employees
of the City working in the classifications and bargaining unit set forth herein.
1.1.2. Term.
This agreement shall be in effect from July 1, 2006 through June 30, 2009.
ARTICLE 1.2. RECOGNITION
1.2.1. Bargaining Unit.
City hereby recognizes Association as bargaining representative for purpose of
establishing salaries, hours, fringe benefits and working conditions for all
employees within the Association.
1.2.2. Notice to Employees.
Whenever a person is hired in any of the job classifications set forth herein, City
shall notify such person that the Association is the recognized bargaining
representative for employees in that classification.
Page I
ARTICLE 1.3. DISCRIMINATION.
1.3.1. In General.
The parties to this contract agree that they shall not, in any manner, discriminate
against any person whatsoever because of race, color, age, religion, ancestry,
national origin, sex, sexual orientation, marital status, medical condition or
disability. Any employee alleging such discrimination should use the internal,
administrative process explained in the City of San Rafael's Policy Against
Harassment, Discrimination and Retaliation (Policy No.140.03) to redress the
situation. Such employees shall be entitled to Association representation but are
not entitled to seek redress using the grievance procedure of this MOU.
1.3.2. Association Discrimination.
No member, official, or representative of the Association shall, in any way suffer
any type of discrimination in connection with continued employment, promotion, or
otherwise by virtue of membership in or representation of Association.
ARTICLE 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Association agree to keep duplicate originals of this
Memorandum on file in a readily accessible location available for inspection by any
employee or member of the public upon request.
ARTICLE 1.5. EXISTING LAWS, REGULATIONS AND POLICIES
This agreement is subject to all applicable laws of the State of California,
ordinances, regulations, and policies of the City of San Rafael.
ARTICLE 1.6. STRIKES AND LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out
employees, and the Association agrees that it will not agree to, encourage or
approve any strike or slowdown growing out of any dispute relating to the terms of
this Agreement. The Association will take whatever lawful steps are necessary to
prevent any interruption of work in violation of this Agreement, recognizing with the
City that all matters of controversy within the scope of this Agreement shall be
settled by established procedures set forth in the City's charter, ordinances, and
regulations, as may be amended from time to time.
ARTICLE 1.7. SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid
by operation of law, or by any tribunal of competent jurisdiction, or if compliance
with or any enforcement of any provision hereof be restrained by such tribunal, the
remainder of this Memorandum shall not be affected thereby, and the parties shall,
if possible, enter into meet -and -confer sessions for the sole purpose of arriving at
a mutually satisfactory replacement for such article, paragraph or section.
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ARTICLE 1.8. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been
adopted through rules, regulation, ordinance or resolution, which are not
specifically superseded by this Memorandum of Understanding shall remain in full
force and effect throughout the term of this Agreement.
ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1. Understanding.
The parties jointly represent to the City Council that this Memorandum of
Understanding set forth the full and entire understanding of the parties regarding
the matters set forth herein.
1.9.2. Waiver & Modification.
Except as specifically otherwise provided herein, it is agreed and understood that
each party hereto voluntarily and unqualifiedly waives its right, and agrees that the
other shall not be required to meet and confer with respect to any subject or matter
covered herein, nor as to wages or fringe benefits during the period of the term of
this Memorandum.
The foregoing shall not preclude the parties hereto from meeting and conferring at
any time during the term of this Agreement with respect to any subject matter
within the scope of meeting and conferring by mutual agreement.
CHAPTER 2. ASSOCIATION RIGHTS
ARTICLE 2.1. ASSOCIATION REPRESENTATIVES
2.1.1. Designation.
The Association shall by written notice to the City Manager, designate certain of its
members as Association Representatives. Association Representatives shall be
permitted reasonable time for Association activities including grievance
representation. In all cases, the Representatives shall secure permission from the
Representative's supervisor before leaving a work assignment. Such permission
shall not be unreasonably withheld.
Association Representatives, for salary discussions, shall be in accordance with
Meyers-Milias-Brown (MMB) Act.
2.1.2. Bulletin Boards.
Authorized representatives of the Association shall be allowed to post Association
notices on specified bulletin boards maintained on City premises.
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ARTICLE 2.2. DUES DEDUCTION
2.2.1. Collection of Dues and Voluntary Association Deductions
City agrees, upon receipt of a written request by Association, and upon written
consent of the employees involved, to deduct dues and voluntary Association
deductions selected by members, as established by the Association, from the
salaries of its members. The Association shall notify the City in writing as to the
amount of such dues uniformly required of all members of the Association. The
sums so withheld shall be remitted by City, without delay, along with a list of
employees and their respective dues and voluntary deductions. Association bears
responsibility for allocating dues and voluntary deductions pursuant to employees'
requests.
The employee's earnings must be regularly sufficient after other legal and required
deductions are made to cover the amount of the dues or service fees check off
authorized. When an employee is in a non -pay status for an entire pay period, no
withholding will be made to cover the pay period from future earnings. In the case
of an employee who is in a non -pay status during only part of the pay period, and
the salary is not sufficient to cover the full withholding, no deduction shall be
made. In this connection, all other legal and required deductions have priority over
Association dues.
2.2.2. Dues Collection During Separation from Employment.
The provisions specified above (2.2.1.) shall not apply during periods of separation
from the Association by any such employee, but shall reapply to such employee
commencing with the next full pay period following the return of the employee to
the representation Association. The term separation includes transfer out of the
Unit, layoff, and leave without pay absences with duration of more than five (5)
working days.
2.2.3. Indemnification.
Moneys withheld by the City shall be transmitted to the Treasurer (as identified in
writing by the Association) of the Association at the address specified. The
Association shall indemnify, defend, and hold the City harmless against any claims
made, and against any suit instituted against the City on account of check off of
employee organization dues or service fees. In addition, the Association shall
refund to the City any amount paid to it in error upon presentation of supporting
evidence.
CHAPTER 3. WAGES
ARTICLE 3.1. General Wage Class Increase
3.1 Definitions.
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3.1.1 Base Salary Increase. Base salary increase shall be defined as an
increase to general wages, excluding any benefit increases. Salary
increases for all bargaining unit positions are established in the salary
tables as Exhibits "A"— "C" and included as part of this MOU. For the term
of this agreement, the following base salary increases shall be applied on
the identified effective date:
November 1, 2006 1.5%
July 1, 2007 1.0%
July 1, 2008 1.5%
3.1.2 Total Compensation. Total Compensation shall be defined as: Top step
salary (excluding longevity pay steps), educational incentive pay,
confidential pay, holiday pay, uniform allowance, employer paid deferred
compensation (except for such portion that may be part of employee
cafeteria plan), employer's contribution towards employees' share of
retirement, employer's retirement contribution, employer paid contributions
toward insurance premiums for health, life, long term disability, dental and
vision plans, and employer paid cafeteria/flexible spending accounts.
3.1.3 Contract Compensation Increases. Includes the total of salary and
benefit changes or increases over the term of this MOU. The Association
and City agree that Contract Compensation Increases identified in this
MOU (excluding Revenue Sharing) total the following:
Fiscal Year 2006-07 3.0%
Fiscal Year 2007-08 3.5%
Fiscal Year 2008-09 4.0%
3.1.4 Consumer Price Index (CPI). The CPI shall be the percentage change in
the San Francisco -Oakland -San Jose Area All Urban Consumer index as
published by the Bureau of Labor Statistics for the one year period ending
the month of October 2006 and each October thereafter during the term of
the contract.
3.1.5 Net Change in General Fund Balance. This is a figure which describes
whether the City achieved a positive change in the General Fund for the
preceding fiscal year. It is determined by the City's audited financial
statements and presented as "net change in fund balance" in the City's
published statements.
3.1.6 General Tax Revenues. 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
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Occupancy Tax, Business License Tax and Franchise Fees. No other
revenue sources of the City will be included in this definition.
If General Tax Revenues of the City for each fiscal year of this contract
exceed General Tax Revenues of the City for the prior fiscal year as
adjusted by 75% of the total compensation increases provided for the fiscal
year (for purposes of this calculation, the total compensation figure shall be
the same for all bargaining units in the City: 3.0% in FY 2006-2007, 3.5% in
FY 2007-2008, and 4.0% in FY 2008-2009), then the members of the
bargaining unit shall be entitled to apply 2.0% of one-half (1/2) of the
excess of fiscal year General Tax Revenues over prior fiscal year General
Tax Revenues adjusted for 75% of the total compensation increases (as
listed above in this section) provided to members in the fiscal year, for a
Revenue Sharing Salary increase.
3.2 Revenue Sharing Increase.
3.2.1. Conditions and Calculation for Revenue Sharing. Employees in the
bargaining unit positions defined in this MOU shall receive Revenue Sharing
Increases, effective January 1 of each year of the contract, in addition to the
Contract Compensation Increase, if the following conditions are met:
a. If the CPI increase, as defined in Section 3.1.4, is greater than the
Contract Compensation Increase and,
b. If General Tax Revenues have resulted in revenues being available for
distribution, based upon the formulas defined in Section 3.1.6 , and,
c. The "net change in General Fund Balance", as defined in Section 3.1.5,
as presented in the previous year's annual audit, is positive.
If all of the above three conditions are met, then a Revenue Sharing salary
increase shall be paid prospectively, effective January 1 St pay period (paycheck
date of January 31s) to bring the combination of the Contract Compensation
Increase and the Revenue Sharing Increase up to the level of the CPI, however, in
no event shall the Combined Contract Compensation Increase and Revenue
Sharing Increase exceed 5% for the fiscal year under review.
3.2.2. Schedule.
a. September 7th- General Tax Revenues. The City shall make known to the
Association if General Tax Revenues have grown from the prior fiscal year
on September 7th of each year of this contract. If no growth in General Tax
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Revenues has taken place, there shall be no Revenue Sharing for that
fiscal year of the contract.
b. November 1st - Net Change in General Fund Balance. By November 1st
of each year, the City shall make known to the Association whether there is
a positive change in the General Fund Balance. If there is not, then no
Revenue Sharing shall take place for that fiscal year.
c. November 30th - CPI. The City shall identify the CPI for the fiscal year
ending October of each year and make the figure known to the Association
by November 30th.
d. January 1st — Base Monthly Pay Increases — January 1st pay period start
date (for paycheck date of January 31s) for Revenue Sharing salary
increases.
ARTICLE 3.3. Step Increase
3.3.1. Entry Level Step.
All initial employment shall be at the first step of the salary range, provided that the
City Manager may make an appointment to a position at an appropriate higher
salary when, in his/her opinion, it is necessary to obtain qualified personnel, or
when it appears that the education or experience of a proposed employee is
substantially superior to the minimum requirements of the class and justifies a
beginning salary in excess of the first step.
3.3.2. Consideration for Step Increase.
An employee may be considered for a salary step increase in accordance with the
time interval established in the salary plan, as referenced in Exhibit "A" -"C". Which,
unless otherwise noted, salary schedule increases within established salary
ranges are scheduled at yearly intervals. Advancement to a higher salary step
within an established salary range is granted for continued improvements and
efficient and effective work by the employee in the performance of his/her duties.
3.3.3. Merit Increases.
Accelerated merit performance step increases of five percent (5%) may be granted
an employee based upon the recommendation of the Department Head and
approved by the City Manager. Employees at the maximum step of their salary
range may be granted a merit performance step increase of five percent (5%)
above and beyond their salary range, either in a one time lump sum payment or
as a percent increase per paycheck for the designated period of time. A merit step
increase may be effective for up to one (1) year. A merit step increase may be
withdrawn and is not a disciplinary action and is not appealable.
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3.3.4. Anniversary Date.
Effective 1-1-89, the anniversary date for employees promoted on or after this date
shall remain unchanged. Based upon job performance, as measured by a
Performance Evaluation, employees may receive consideration for a step increase
within their salary range on their anniversary date.
3.3.5. Promotions.
Employees promoted to higher-level positions shall be placed at the step in the
new salary range that will provide, at a minimum, a five (5%) increase (unless that
would exceed the top step in the salary range).
3.3.6. Performance Evaluation.
Prior to the completion of the probationary period, a minimum of one performance
evaluation report shall be reviewed with the employee.
Upon completion of the probationary period, a performance report shall be
prepared and reviewed yearly thereafter for each employee in the Classified
Service, as a means of determining whether in -grade salary increases are merited,
and/or as a means of improving employee performance and communication
between supervisors and subordinates.
ARTICLE 3.4. SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified the incumbent shall be affected as outlined
below:
3.4.1. To a lower classification.
When a position is re -allocated to a lower classification. The incumbent is either:
1. Transferred to a vacant position in the former classification; or
2. If the incumbent's current salary is greater than the top step of the lower
classification, Y -rated at the current salary until the salary of the lower
classification is at or above the Y -rate.
3.4.2. To a different classification with the same salary range.
When a position is reallocated to a different classification with the same salary
range, the incumbent shall be granted the same status in the new classification, in
which he/she shall be paid at the same step of the range and shall maintain the
same salary rights.
3.4.3. To a higher classification.
When a position is reclassified to a classification with a higher salary range, the
incumbent is moved into the higher classification with the position, except in the
circumstances prescribed below. Placement in the salary range shall be in
accordance with the appropriate salary schedule.
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If the duties upon which the reclassification are based could have been assigned
to any of a number of employees in that classification within the division or
department, then a promotional exam is held for the reclassified position. Such an
exam is a departmental only recruitment limited to employees within that
classification. If the incumbent is not successful in this competitive process,
she/he is assigned to the position vacated by the promotion.
ARTICLE 3.5. COMPENSATION PLAN.
The Compensation Plan adopted by the City Council shall provide for salary
schedules, rates, ranges, steps and any other special circumstances or items
related to the total compensation paid employees.
Each position within the classified services shall be allocated to its appropriate
class in the classification plan on the basis of duties and responsibilities. Each
class shall be assigned a salary range or a rate established in the salary plan. All
persons entering the classified service shall be compensated in accordance with
the salary plan then in effect.
All initial employments shall be at the first step of the salary range. The City
Manager or his/her designee may authorize, upon the recommendation of the
Appointing Authority, a position at an appropriate higher salary when, in his/her
opinion, it is necessary to obtain(ing) qualified personnel or when it appears that
the education or experience of a proposed employee is substantially superior to
the minimum requirements of the class and justifies a beginning salary in excess
of the first step.
ARTICLE 3.6. PAY DATES
City employees are paid twice per month on the 15th and the last working day of
the month. When a holiday falls on a payday, the payday will be transferred to the
following day of regular business unless Finance is able to complete the payroll by
the previous work day. The method of the distributing payroll shall be established
by the Finance Director.
ARTICLE 3.7. PROBATIONARY PERIOD
3.7.1. Purpose of Probation.
After passing an examination and accepting appointment, each employee shall
serve a period of probation beginning on the date of appointment. Such period
shall be for the purpose of determining the employee's ability to perform
satisfactorily the duties prescribed for the position.
Page 9
3.7.2. Length of Probationary Period.
The probationary period on original and promotional appointment shall be for
one(1) year.
3.7.3. Rejection During Probation.
During the probationary period an employee may be rejected at any time by the
Appointing Authority without the right of appeal.
3.7.4. Notification of Rejection.
On determining that a probationary employee's work is not satisfactory, the
Appointing Authority shall notify the Human Resources Manager in writing of
his/her intention to terminate the employee. After discussion with the Human
Resources Manager, the Appointing Authority shall notify employee in writing of
his/her rejection.
3.7.5. Extension of Probationary Period.
The probationary period shall not be extended except in the case of extended
illness or injury or compelling personal situation during which time the employee
was unable to work. In such cases, the probationary period may be extended for
the length of time the ill or injured employee was unable to work.
3.7.6. Regular Status.
Regular status shall commence with the day following the expiration date of the
probationary period.
3.7.7. Promotion of Probationary Employee.
An employee serving a probationary period may be promoted to a position in a
higher position classification provided he/she is certified from the appropriate
Eligible List. The employee promoted in this manner shall serve a new
probationary period for the position to which employee is promoted and the new
probationary period and promotional appointment shall be effective the same date.
3.7.8. Unsuccessful Passage of Promotional Probation.
An employee who does not successfully pass his/her promotional probationary
period shall be reinstated to the position in which the employee held regular status
prior to his/her promotion. Provided, however, that if the cause for not passing the
promotional probationary period was sufficient grounds for dismissal, the
employee shall be subject to dismissal without reinstatement to the lower position.
3.7.9. Lateral Transfer Probation.
Voluntary transfers to another job classification, within the same salary range,
shall require a six (6) month probationary period. In the event of unsuccessful
passage of this period refer to 3.7.8.
Page 10
ARTICLE 3.8. SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
3.8.1. Out -of -Class Compensation.
Employees assigned in writing by their supervisor to perform work in a higher paid
classification, shall be compensated at a rate 5% greater than the employee's
current base salary. The out -of -class increase shall be retroactive to the first day
of the assignment. If the assignment extends beyond four consecutive weeks,
then the employee shall be compensated at the lower step of the classification
within which the duties fall if that is greater.
3.8.2 Confidential Pay
In recognition of special confidential duties performed by Association members, in
addition to base salary indicated on the Salary Schedule attached hereto as
Exhibits "A" — "C", all employee classifications assigned to the Association will
receive 2% Confidential Pay, effective July 1 of each year of this MOU.
3.8.3. Bilingual Pay Incentive
Within the job classifications represented by the Association provisions are hereby
established whereby an employee may receive bilingual pay for full fluency in a
foreign language.
Full fluency is defined as a skill level that will allow the employee to fully assist
someone else who does not speak English in coping with situations or problems
by translating for, conversing with and/or reading or writing written material.
An employee can petition to his/her Department Head for this bilingual pay
incentive. With the Department Head's recommendation and on review by the
Human Resources Manager and approval of the City Manager the employee may
begin to receive this bilingual pay incentive.
Criteria for approval of the bilingual pay incentive by the City Manager include:
a. Certification by a recognized school of the appropriate skill level;
and/or
b. Demonstrated ability of the proficiency level on the job; and
C. Department Head's recommendation and statement that the bilingual
skill of the employee can be of value to the department and the
employee in the completion of their regular work assignments.
An employee approved for the bilingual pay incentive shall receive an additional
$150.00 per month above their base salary.
Page 11
This bilingual pay incentive shall be reviewed annually and as long as the
employee demonstrates (by work experience or re -testing, as determined by the
City of San Rafael) the full fluency skill level; and as long as the Department Head
indicates the value of this skill to the department and the employee in the
completion of their regular work assignments.
Removal of the bilingual pay incentive would be considered a non -disciplinary
action and as such would not be subject to any appeal/grievance procedure.
CHAPTER 4. BENEFITS
ARTICLE 4.1. HEALTH AND WELFARE
4.1.1. City Contribution.
A health base level is established as the City's contribution toward City offered
health insurance premiums for both active and retired employees in accordance
with the chart below.
Paycheck Effective
Health Base
Flexible
Total
Date
Benefits
(July 1- Dec 14, 2006
I $
597
$ 234
$
831
f Dec. 15, 2006
$
597
$ 266
$
863
Dec. 15, 2007
$
628
$ 321
$
949
Dec. 15, 2008
$
659
$ 385
$
1044
Active employees will have a Flexible Spending Account as listed in the chart
above that may be used to pay for excessive, over the base level above,
employee cost(s) to enroll in City offered group Accident, Life and Disability
insurance plans. Selection of coverage must include the $5,000 basic group life
insurance program and the employee's basic health plan (unless employee can
provide proof of other health insurance coverage).
4.1.2. Pay Back Provision.
For active employees, the difference between the allotted amount (base level and
Flexible Spending Account) and the cost of the City -offered Health, Accident, Life
and Disability insurance plans will be paid back to the employee up to a maximum
$105/month. Pay back is pro rated for part time employees covered by this
Agreement.
4.1.3. Health Insurance.
The City shall have the option, after meeting and consulting with representatives of
Association, of either contracting with the Public Employees Retirement System
Page 12
(PERS) Health Benefits Division for health insurance or contracting directly with
some or all of the providers of health insurance under the PERS program;
provided, however, contracting directly with the providers shall not cause any
material reduction in insurance benefits from those benefits available under the
PERS program.
4.1.4. Retirees Health Insurance.
Employees retiring from the City of San Rafael and within 120 days of leaving City
employment, shall receive up to $597 per month contribution toward the cost of
the health insurance plan they are enrolled in through the City. Effective December
15, 2007, the City contribution rate shall be up to $628 per month and effective
December 15, 2008, the rate shall be up to $659 per month. There are no pay
back provisions for retirees.
4.1.5. Vision Plan
City will contract for a vision plan and pay the monthly premium cost (not to exceed
$10.55/mo. per employee) to enroll all Association employees. Employees will be eligible
to enroll qualified family members and will pay the premium costs for such enrollment.
4.1.6. 125 Plan.
City will offer a 125 Plan as long as such a plan is desired by the Association and
available pursuant to the IRS Code. 125 Plans offered by the City include:
a. Out-of-pocket medical expenses that qualify under the IRS Code effective
January 1, 2003 at IRS Code limit, not to exceed $5,000. Employees are
responsible to pay the monthly administrative fee and any increase established
by the third party administrator. Employees must have passed initial probation
period on or before the December 31St prior to each enrollment calendar year
Employees separating from City service prior to re -payment of City advanced
medical expense reimbursement shall have said amount deducted from final
check.
b. Dependent care expenses that qualify under the IRS Code at the IRS Code
limit (currently $5,000). Employees are responsible to pay the monthly
administrative fee and any increase established by the third party
administrator.
c. Excess Medical premiums shall be deducted from employee's pay with pre-tax
dollars as long as such deduction is allowable under the applicable IRS Code.
City shall establish annual enrollment period and each employee must re -enroll
annually for either plan noted in a. and/or b. City shall have the authority to
implement changes to the 125 Programs to comply with changes in applicable IRS
laws without having to go through the meet and confer process.
Page 13
4.1.7. Pro Rata Benefit Rules.
Employees covered by this Agreement who work less than full time but more than
twenty (20) hours per week on a regular basis shall be eligible to receive: a) pro
rated leave benefits; b) a pro rated share of the monthly dollar contribution made
by the city to be used for enrollment in city offered group health, life, and long term
disability insurance plans which the employee may be eligible for based upon the
regular hours the employee works, and c) pro rated share shall be equivalent to
the part time employee position's ratio of hours worked to full time equivalency.
ARTICLE 4.2. DENTAL INSURANCE
The City will provide a dental insurance program which offers 100% coverage for
diagnostic and preventative care; $25.00 deductible on corrective care (80/20);
and an 80% payment of eligible costs associated with crown and cast restoration
per patient per calendar year and orthodontic coverage for eligible dependents
(50/50). The dental provider will provide payments for covered services at the
percentage indicated in the plan booklet up to a maximum of $1,500 for each
enrollee in each calendar year.
Dental insurance enrollment will be available to part time, permanent employees
working at least 20 hours per week (FTE level of position). The City's contribution
towards the monthly dental insurance premium will be prorated based on the FTE
level of the part time employee.
ARTICLE 4.3. JOINT BENEFIT COMMITTEE ARTICLE
Both parties agree to continue to utilize the Joint Benefits Committee for ongoing
review of benefit programs, cost containment and cost savings options. The
Committee shall be made up of representatives of the SEIU, Police, Fire,
Association, Child Care, Confidential and Management employees.
ARTICLE 4.4. STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically
deducted from their paycheck and no City contribution will be made toward
participation in the plan.
It is incumbent upon the employee to keep the City advised of their medical status
and eligibility for SDI. With this notification, SDI benefits, as determined by the
State, shall be integrated with accrued sick and vacation leave in the following
manner:
1. Employee notifies supervisor of disability and need for time off. At the
same time employee files for SDI through the State Office.
2. Supervisor verifies from leave records the employee's accrual balances and
projects whether or not employee would, under normal circumstances, be
placed in a leave without pay status during the time off period.
Page 14
3. Personnel Action Form (PAF) is completed by the supervisor to document
request and approval of extended leave.
4. Human Resources Department, on receipt of PAF, contacts employee and
supervisor to discuss availability of coordination of SDI with leave benefits.
5. Employee's time off is recorded as sick leave and if necessary then
vacation leave on time cards submitted by the supervisor to the Payroll
Office.
6. On receipt of the SDI checks employee endorses the checks over to the
City of San Rafael.
7. Based upon employee hourly rate of pay the Payroll Office computes how
much used sick and/or vacation leave time the employee may buy back and
credits the employee with those hours. NOTE: The employee may not buy
back more than accrued at or during the time of the disability.
8. The Human Resources Department, after notification from Payroll, notifies
the employee when they have used all accrued sick and/or vacation time
and when leave without pay status (LWOP) begins. Once the employee is
on LWOP they would keep any SDI checks received and would be fully
responsible for the monthly health, dental and life insurance premiums if
they chose to remain in the group plans.
ARTICLE 4.5. RETIREMENT
4.5.1 City Paid Employee Retirement
Association members shall pay the full share of the employee's contribution to the
Marin County Retirement System.
The City of San Rafael acknowledges that under its current practice, the
employee's share of their retirement contribution is deducted with pretax dollars.
This practice will continue until changed through the Meet and Confer process or
until IRS regulations change.
4.5.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 2.7% at
55 -retirement program to all eligible Association members, as defined under the
1937 Act Government Code Section 31676, subject to Marin County Employee
Retirement Association procedures and regulations and applicable 1937 Act laws
that govern such plans.
4.5.3. Member Cost of Living Rates
Association members who are eligible to participate in the Marin County Employee
Retirement Association will pay their full share of members' cost of living rates as
allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Association member
contribution rates include both the basic and COLA portions (50% of COLA is
charged to members as defined in the 1937 Act).
Page 15
4.5.4. Service Credit for Sick Leave
Employees who retire from the City of San Rafael within 120 days of leaving City
employment (excludes deferred retirements) shall receive employment service
credit for retirement purposes only, for all hours of accrued, unused sick leave
(exclusive of any sick leave hours they are eligible to receive and they elect to
receive in compensation for at the time of retirement (see 4.6.5.).
ARTICLE 4.6. SICK LEAVE
4.6.1. Eligibility.
Sick leave with pay shall be granted to each eligible employee. Sick leave may
not be used at an employee's discretion, but shall be allowed only in case of
necessity and actual sickness or disability. The employee is required to notify
employee's immediate supervisor or Department Head according to department
Rules and Regulations at the beginning of his/her daily duties. The City has the
right to request medical verification from an employee who is absent from his/her
duties for three (3) or more consecutive work days.
4.6.2. Accumulation.
All eligible full time employees shall earn sick leave credits at the rate of one (1)
working day per month commencing with the date of employment. Unused sick
leave may be accumulated to any amount but a cap exists for payoff purposes
(see 4.6.5.). The sick leave accrual rate is prorated for eligible part time
employees.
4.6.3. Use of Sick Leave.
An employee may use accrued sick leave during their probationary period. An
employee eligible for sick leave with pay shall be granted such leave for the
following reasons:
1. Personal illness of the employee or illness within the immediate family
(family member means an employee's spouse, and any unmarried child,
including adopted child, a stepchild, or recognized natural child who
lives with the employee in a regular parent-child relationship), or
physical incapacity of the employee resulting from causes beyond the
employee's control; or
2. Enforced quarantine of the employee in accordance with community
health regulations; or
3. Medical appointments that cannot be scheduled during non -working
hours shall be charged to sick leave.
4. Personal illness of an employee's parent (excludes in-laws) that require
the employee to attend to their care.
Page 16
Note: Except that in 1. And 2. above an employee may not use sick leave
for a work related injury and/or illness once said employee has been
determined permanent and stationary and unable to return to their position
with or without reasonable accommodation.
4.6.4. Advance of Sick Leave.
Whenever circumstances require, and with the approval of the City Manager, sick
leave may be taken in advance of accrual up to a maximum determined by the
City Manager, provided that any employee separated from the service who has
been granted sick leave that is un -accrued at the time of such separation shall
reimburse the City of all salary paid in connection with such un -accrued leave.
4.6.5. Compensation For Unused Portion.
Upon termination of employment by resignation, retirement or death, a regular
employee who leaves the City service in good standing shall receive
compensation for all accumulated unused sick leave based upon the following
formula: a rate of three percent (3%) for each year of service (i.e., 3% times
number of employment service years). The maximum number of accumulated,
unused sick leave an employee may be compensated for upon termination of
employment is 600 hours. See 4.6.4. regarding service credit option for
accumulated, unused sick leave that the employee is not compensated for upon
termination.
ARTICLE 4.7. VACATION LEAVE
4.7.1. Eligibility.
Annual vacation with pay shall be granted each eligible employee. Vacation leave
accrued shall be prorated for those employees working less than full time.
Employees will be permitted to use accrued vacation leave after six (6) months of
employment subject to the approval of the Department Head.
4.7.2. Rate of Accrual.
Vacation benefits shall accrue during the probationary period. Each regular full
time employee shall commence to accrue vacation at the following rate for
continuous service: Each service year on the chart begins in the first working day
and ends on the last day of the service year. Regular part time employees accrue
vacation prorated based their regularly scheduled hours.
Page 17
Service
Annual Hours I
Hours Per Month
Year
1
75.000 hours I
6.2500
2
75.000 hours I
6.2500
3
75.000 hours I
6.2500
4
112.500 hours
9.3750
5
117.867 hours
9.8222
6
123.234 hours
10.2695
7
128.601 hours
10.7167
8
I 133.968 hours
11.1640
9
139.335 hours
11.6110
10
144.702 hours I
12.0580
11
I 150.000 hours I
12.5000
12
157.500 hours I
13.1250
13
165.000 hours I
13.7500
14
172.500 hours
14.3750
15
180.000 hours
15.0000
16 plus
187.500 hours
15.6250
When an employee is on an approved leave without pay, vacation accrual is
prorated based upon paid hours in the pay period.
4.7.3. Administration of Vacation Leave.
The City Manager, upon the recommendation of the Department Head, may
advance vacation credits to any permanent regular and permanent part time
employee.
No employee may accrue more than 250 hours. Vacation accruals will resume
once the employee's accumulated vacation balance falls below the allowable cap
limit.
The time at which an employee may use his/her accrued vacation leave and the
amount to be taken at any one time, shall be determined by employee's
Department Head with particular regard for the needs of the City but also, insofar
as possible, considering the wishes of the employee. In the event that one or
more City holidays falls within an annual vacation leave, the vacation hours that
shall be charged against any employee's accrued vacation shall be those hours
that the employee is regularly scheduled to work.
Employees who terminate their employment shall be paid in a lump sum for all
accrued vacation leave earned prior to the effective date of termination.
Page 18
4.7.4. Vacation Cash In.
One-time Vacation Cash -in: As of December 31, 2006, the City will require a one-
time vacation buy -down for those employees whose vacation accrual is above 225
hours. This one-time payment will be made with the second paycheck in February
2007. This one time buy -down will bring employees under the vacation cap as
defined in Section 4.7.3., while allowing for additional accrual time. This one-time
payment will not affect the employee's ability to participate in the annual vacation
cash -in for 2007 and subsequent years.
An employee, who has taken at least ten (10) days of vacation in the preceding
twelve (12) months, may request, that accrued vacation, not to exceed seven (7)
days, be converted to cash payments and the request may be granted at the
discretion of the City Manager. Employees cannot cash in more than seven (7)
days of vacation in any one twelve (12) month period.
ARTICLE 4.8. HOLIDAYS
4.8.1. Paid Holidays.
All employees who are required to work on a day designated as an authorized
holiday, other than a day on which an election is held throughout the state, shall
be paid at the applicable rate of pay for the number of hours actually worked.
When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday
holiday or the Monday following a Sunday holiday shall be deemed to be a holiday
in lieu of the day observed.
The following holidays will be observed:
January 1st:
The third Monday in January:
The third Monday in February:
March 31St
The last Monday in May:
July 4th:
The first Monday in September:
November 11:
The fourth Thursday of November:
The fourth Friday of November:
December 25th:
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
In addition to designated holidays, employees in this Unit receive two (2) floating
holidays. Floating holidays not used are added to employee's vacation balance.
Page 19
ARTICLE 4.9. OTHER LEAVES
4.9.1. Bereavement Leave.
In the event of the death of an employee's spouse, child, parent, brother, sister, in-
laws, relative who lives or has lived in the home of the employee to such an extent
that the relative was considered a member of the immediate family and/or another
individual who has a legal familial relationship to the employee and resided in the
employee's household, up to three (3) days within the State and up to five (5) days
out-of-state may be granted for bereavement leave.
In those cases where the death involves an individual who had such a relationship
with the employee, as defined above, the employee shall sign a simple affidavit
describing the relationship and submit this to the Department Head as part of the
request for bereavement leave.
4.9.2. Military Leave.
Military leave shall be granted in accordance with the State of California Military
and Veteran's Code as amended from time to time. All employees entitled to
military leave shall give the appointing authority and the Department Head an
opportunity, within the limits of military regulations, to determine when such leave
shall be taken.
4.9.3. Leave of Absence Without Pay.
Leave of absence without pay may be granted by the City Manager upon the
written request of the employee. Accrued vacation leave must be exhausted prior
to the granting of leave without pay.
4.9.4. Industrial Injury Leave.
For benefits under Workers Compensation, an employee should report any on the
job injury to his/her supervisor as soon as possible, preferably within twenty-four
(24) hours. The City Manager's office coordinates benefits for Worker's
Compensation claims. For further information, see the Industrial Accidents and
Injuries section of the City's Injury and Illness Prevention Program.
All regular, full time employees of the City who have suffered any disability arising
out of and in the course of their employment as defined by the Worker's
Compensation Insurance and Safety Act of the State of California, and who are
receiving or shall receive compensation from the insurance carrier for such
disability, and during the first seven (7) days after such disability when
compensation is not paid by the insurance carrier, shall be entitled to remain
absent from duty with pay until such time as they are able to return to duty or
some other final disposition is made of their case; provided, however,
compensation leave payments shall not exceed the following limitations:
Page 20
Compensation leave payments shall not exceed the employee's regular full pay for
the first three (3) calendar months and three-fourths (3/4) of the regular full pay for
the following six (6) calendar months. Worker's compensation checks due the
employee will be made payable to the City of San Rafael and the employee. After
said check is properly endorsed, it shall be deposited with the City Treasurer.
All other employees shall be entitled to such compensation as may be allowed
them by the Worker's Compensation Insurance and Safety Act of the State of
California.
Note: Refer to 4.6.3. for qualifications regarding use of accrued sick leave.
4.9.5. Jury Duty.
Employees required to report to jury duty shall be granted a leave of absence with
pay from their assigned duties until released by the court, provided that the
employee provides advance notice to the Appointing Authority and remits to the
City all per diem service fees except mileage or subsistence allowance within thirty
days from the termination of such duty.
4.9.6. Family Medical Leave.
Family leave shall be granted in accordance with the federal Family and Medical
Leave Act of 1993 and the California Family Rights Act of 1991. Requests for
Family Care Leave are submitted to the employee's Department Head for approval
and reviewed by the Human Resources Manager for consistency with the law prior
to approval. Employees approved for this type of leave must use appropriate
accrued and unused vacation leave and/or compensatory time before going on
leave without pay status. Accrued and unused sick leave may be used if
appropriate and requested. Sick leave usage is to be consistent with sick leave
provisions of the M.O.U. To be eligible for this family leave benefit, an employee
must have worked continuously for the City of San Rafael for at least 12 months.
An eligible employee may use family medical leave:
For the birth or placement of a child for adoption or foster care;
To care for an immediate family member (spouse, child or parent) with a
serious health condition; or,
To take medical leave when the employee is unable to work because of
a serious health condition.
An employee shall be entitled to twelve (12) weeks of leave of absence, which
need not be consecutive, subject to the conditions indicated herein and the law.
If the employee's spouse is employed by the City, the total time allowed for family
medical leave shall be twelve (12) weeks in any one calendar year.
Page 21
The City shall continue to provide paid coverage of health benefits for the duration
of the approved leave of absence.
4.9.7. Catastrophic Leave
Catastrophic Leave shall be in accordance with City Catastrophic Leave Policy No.
140.18, upon effective date of City adoption.
CHAPTER 5. TERMS AND CONDITIONS
ARTICLE 5.1. WORK WEEK
The work week will reflect a thirty-seven and one-half (37 1/2) hour work week and
a work day of seven and one-half (7 1/2) hours for all represented job classes in
this Agreement and all accruals and usages in the contract will reflect a seven and
one-half (7 1/2) hour work day. Nothing herein will prevent a Department Head, in
his/her discretion, from adopting a flexible schedule or variable work week by
either meeting or conferring with the Association or the consent of the affected
employee(s).
ARTICLE 5.2. OVERTIME
Shall mean actual time authorized and worked beyond the regular work week or
work day. A work or duty week shall be defined as seven (7) consecutive calendar
days. Overtime is compensable to the nearest half-hour, and must have prior
authorization and approval of the Department Head.
Each Department Head shall have the authority to designate certain job
classifications for mandatory overtime in emergencies. In the event the
Department Head determines that there is a staffing need during an emergency,
the Department Head shall first make a reasonable effort to seek qualified
volunteers to work overtime during the emergency. If the Department Head
determines that there are an insufficient number of volunteers, or if time
constraints prevent the soliciting of volunteers, the Department Head may order
employees in the designated classifications to report to work in overtime status to
address the emergency.
ARTICLE 5.3. COMPENSATORY TIME POLICY
With the Department Head's approval, compensatory time, in lieu of overtime pay,
may be taken subject to the following rules:
5.3.1. Accrual Limit.
Employees may accrue up to 115 hours of compensatory time after which said
employee must accept overtime pay in lieu of accruing additional compensatory
time.
Page 22
5.3.2. Overtime Rate.
Employees who work overtime may be paid for it at the rate of time and one-half or
may accrue compensatory time at a rate of time and one-half subject to the
limitations in 5.3.1. Employees who elect compensatory time must take the time
off, preferably within the quarter during which it was earned, and shall not be paid
for it.
ARTICLE 5.4. TRANSFERS / REASSIGNMENTS
5.4.1. Types of Transfers.
Transfers may be within the same department (intra -departmental) or between
departments (inter -departmental). The requirements for each are as follows:
a. Intra -departmental transfers.
The Appointing Authority shall have the authority to transfer an
employee from a position in one division of a department to a
position in the same or similar classification with the same salary
range, in the same division or to another division of the same
department. (at any time and for any duration).
b. Inter -departmental transfers.
An employee may transfer from a position in one (1) department to a
position in the same or similar classification in another department,
provided the consent of the two Appointing Authorities and the City
Manager is obtained.
C. Voluntary Transfers.
An employee may make a written request for transfer to the Human
Resources Manager to a position in the same or similar classification
with the same salary range. Such a transfer may be made on the
recommendation of the affected Department Head(s) and the
approval of the City Manager.
5.4.2. Minimum Qualifications.
Any persons transferred to a different position shall possess the minimum
qualifications for the position.
5.4.3. Transfer Procedures.
The City Manager may authorize the transfer of an employee from one position to
another of the same or comparable class of work and where the same general
type of examination is given for entrance to such a position.
Transfers from one department to another department having a different
jurisdiction or different function shall be done only with the consent of the
Page 23
Department Heads, involved, unless such a transfer is ordered by the City
Manager for purpose of economy or efficiency.
Any person transferred to a different position shall possess the minimum
qualifications for the position.
Employees who have completed their initial probation may seek voluntary
transfers to positions within the same job class, and/or lower level job classes as
long as the employee meets the minimum qualifications for the position.
Employees seeking transfer should submit a completed application to the Human
Resources Department. As vacancies occur, transfer candidates may receive
consideration along with those on the eligibility list.
ARTICLE 5.5. EDUCATION REIMBURSEMENT PROGRAM
5.5.1. Educational Reimbursement Program
The Educational Reimbursement is $450/fiscal year, maximum. Educational
Reimbursement is available to employees who satisfactorily (grade of C or better)
complete a course or courses that are pre -determined to be job related and/or that
will assist the employee to prepare for career advancement in his/her field. To be
eligible, employees must have completed probation at the time of the
reimbursement, which is made at the end of the semester.
The Educational Reimbursement Program will include reimbursement for
professional membership dues for work-related organizations for employees in the
Association. Prior supervisory approval is necessary to be eligible for
reimbursement.
ARTICLE 5.6. SAFETY
The City of San Rafael is committed to providing a safe and healthy place to work.
The City shall furnish safety devices and safeguards, and shall adopt and use
methods and processes adequate to ensure that the work place is safe and
healthy. Employees are expected to obey safety rules and make proper use of
safety gear and equipment. The City's safety policies and procedures shall
comply with all applicable state laws related to a safe work environment.
5.6.1. Hazardous Materials.
First responders at this level (awareness only) are those who are likely to witness
or discover a hazardous substance release and who have been trained to initiate
an emergency response operations level. "Awareness" individuals take no action
beyond notifying the designated authorities of the release. The Deputy Fire
Marshal is the Hazardous Material Coordinator in San Rafael.
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It is understood and agreed by both parties that employees in this Association do
not have any responsibility to clean up, mitigate or otherwise dispose of hazardous
materials. The Fire Department personnel and/or contract personnel have the
direct responsibility of dealing with hazardous materials.
ARTICLE 5.7. MISCELLANEOUS
5.7.1. Confidential Nature of Personnel Records.
All personnel records and files and examination materials are confidential. The
Human Resources Manager shall take all necessary steps to protect the
confidentiality of those materials. Disclosure of such records shall be governed by
the Public Records Act, Government Code Sections 6250, et. seq. Individual
employees may review their official personnel file maintained by Human
Resources Office and/or respective appointing authority. With the written consent
of the employee, the authorized representative of the recognized employee
organization may also review that personnel file.
5.7.2. Confidential Nature of Medical Records.
All medical records and files are the property of the City of San Rafael. These
confidential records and files are to be maintained in a file separate from the
employee's personnel file in the Human Resources Department. Disclosure of
such records shall be governed by the Public Records Act, Government Code,
Section 6250, et. seq.
5.7.3. Outside Employment.
Association members should refer to City wide Policy Number 140.19, the Outside
Employment Policy.
5.7.4. Gratuities/Solicitation of Contributions.
Shall be governed by the City's Personnel Rules and Regulations.
5.7.5. Return of City Equipment.
Upon termination of employment, all tools, equipment, and other City property
assigned to an employee shall be returned.
5.7.6. Political Activity.
The political activity of City employees shall comply with pertinent provisions of
State and Federal Law.
5.7.7. Employment of Relatives.
Shall be governed by the City's Personnel Rules and Regulations.
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5.7.8. Use of Vehicles City.
At the discretion of the Department Head, an Association employee may be
assigned a City vehicle for job related duties during regular working hours. Only in
emergency conditions will an employee be allowed to take a City vehicle home
and only with prior approval of the Department Head. Any current Association
employees assigned a vehicle will surrender said vehicle at the end of the term of
this contract: June 30, 2009.
5.7.9. Labor/Management Meetings.
During the term of the Agreement, the City and the Association agree that
consultation meetings may contribute to improved employer-employee relations.
Issues relating to the usage of volunteers and temporary/part-time/seasonal
employees, promotional opportunities and the implementation of safety programs
will serve as a basis for initial agenda items to be discussed and acted upon.
The committee shall be comprised of two (2) Association representatives and
three (3) from City Management. The parties agree that committee members may
change depending on the subject matter.
Meetings may be requested by either party. The party requesting the meeting
shall submit a proposed agenda and the receiving party shall acknowledge and
confirm the date, time and location of the requested meeting. It is intended that
the subject matter will not include issues subject to Article 6.4 Grievance
Procedures.
5.7.10. Contract Orientation Work Sessions.
The City and the Association agree that the individuals having responsibility for the
enforcement of the Agreement, Association Representatives and Department
Heads/Supervisors shall participate in an Annual Contract Orientation Work
Session for the purpose of obtaining a better understanding of the provisions of
the contract. These work sessions shall be held on City time and facilities.
5.7.11. Personnel Rules and Regulations.
The Association agrees to accept the City's Personnel Rules and Regulations.
5.7.12 Uniform Allowance. Any Association member required to purchase a
uniform to meet departmental regulations shall be reimbursed for its cost.
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CHAPTER 6. PROCEDURES
ARTICLE 6.9. DEMOTION AND SUSPENSION
6.1.1. Demotion.
The Appointing Authority may demote an employee when the following occurs:
(a) The employee FAILS to perform his/her required duties.
(b) An employee requests such a demotion. No employee shall be
demoted to a classification for which he/she does not possess the
minimum qualifications. When the action is initiated by the
Appointing Authority, written notice of demotion shall be provided to
an employee at least ten (10) working days before the effective date
of the demotion, and a copy filed with the Human Resources
Department.
Withholding a salary step increase, or withdrawing a merit step increase within or
above the salary range of the employee's position shall not be deemed a
demotion.
Disciplinary demotion action shall be in accordance with Article 6.3, "Disciplinary
Action."
6.1.2. Suspension.
The Appointing Authority may suspend an employee from a position at any time
for a disciplinary purpose. Intended suspension action shall be reported
immediately to the Human Resources Manager, and shall be taken in accordance
with Article 6.3, "Disciplinary Action".
ARTICLE 6.2. TERMINATION OF EMPLOYMENT
6.2.1. Resignation.
An employee wishing to leave the City service in good standing shall file with
his/her immediate supervisor, at least fourteen (14) days before leaving the
service, a written resignation stating the effective date and reason for leaving. A
copy of the resignation shall be forwarded to the Appointing Authority and Human
Resources Department.
6.2.2. Termination Layoff.
The Appointing Authority may terminate an employee because of changes in
duties or organization, abolishment of position, shortage of work or funds, or
completion of work for which employment was made.
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6.2.3. Termination -Disciplinary Action.
An employee may be terminated at any time for disciplinary action, as provided in
Article 6.3, "Disciplinary Action."
6.2.4. Retirement.
Retirement from the City services shall, except as otherwise provided, be subject
to the terms and conditions of the City's contract as amended from time to time,
with the Marin County Retirement System.
6.2.5. Rejection During Probation.
An employee may be terminated from their position during the probationary period
of their initial appointment to the City's classified service without Right of Appeal.
ARTICLE 6.3. DISCIPLINARY ACTION
6.3.1. Right to Discipline and Discharge.
Upon completion of the designated probationary period an employee shall be
designated as a non -probationary employee and the City shall have the right to
discharge or discipline any such employee for dishonesty, insubordination,
drunkenness, incompetence, negligence, failure to perform work as required or to
observe the Department's safety rules and regulations or for engaging during the
term of this Memorandum of Understanding, in strikes, individual or group
slowdowns or work stoppages, or for violating or ordering the violation of the
Memorandum of Understanding. The City shall use progressive disciplinary steps
(i.e., reprimand, suspension, demotion, discharge) unless the violation is such as
to justify termination. Disciplinary action shall mean discharge/dismissal,
demotion, reduction in salary, and suspension resulting in loss of pay.
In addition, the City may discipline or discharge an employee for the following:
Fraud in securing appointment; negligence of duty; violation of safety rules;
unacceptable attendance record including tardiness, overstaying lunch or break
periods; possession, distribution or under the influence of alcoholic beverages,
non-prescription or unauthorized narcotics or dangerous drugs during working
hours; inability, unwillingness, refusal or failure to perform work as assigned,
required or directed; unauthorized soliciting on City property or time; conviction of
a felony or conviction of a misdemeanor involving moral turpitude; unacceptable
behavior toward (mistreatment of discourteousness to) the general public or fellow
employees or officers of the City; falsifying employment application materials, time
reports, records, or payroll documents or other City records; misuse of City
property; violation of any of the provisions of these working rules and regulations
or departmental rules and regulations; disorderly conduct, participation in fights,
horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of
any City policy or rules and regulations over an extended period of time in which a
specific incident in and of itself would not warrant disciplinary action, however, the
Page 28
cumulative effect would warrant such action; failure to perform to an acceptable
level of work quality and quantity; insubordination; other acts inimical to the public
service; inability or refusal to provide medical statement on cause of illness or
disability.
6.3.2. Preliminary Notice.
A non -probationary employee shall receive a preliminary written notice from the
employee's Supervisor of any proposed disciplinary action that involves the loss of
pay. The notice must contain a specific statement of charges or grounds upon
which the proposed disciplinary action is based and the date the disciplinary action
will be effective.
Any known written materials, reports or documents upon which the disciplinary
action is based must be attached to the notice.
Upon the receipt of the notice, the employee shall have five (5) days to appeal the
matter in writing to Step 2 of the Grievance Procedure. If a written appeal is filed,
no disciplinary action shall be imposed until the Department Head has conducted
a hearing with the employee and employee's representative present and having
heard the response of the employee. If no written appeal is filed within five (5)
days, the employee shall be deemed to have waived his right to proceed with the
steps for appeal in the Grievance Procedure.
6.3.3. Disciplinary Action and Appeal.
(1) After hearing the response of the employee, the Department Head may
order that the proposed disciplinary action or modification thereof be
imposed. Thereafter, if discipline is imposed and if the employee chooses
to appeal that discipline, then the employee shall notify the City in writing
within ten (10) working days after being notified of the discipline that he/she
desires to appeal.
(2) Said notice of appeal shall contain the following: (a) a summary of the
reasons for the appeal; and (b) the relief requested.
(3) In the event the employee submits a request for appeal within the ten (10)
working day period, the City and the Association shall request a
representative from the State Mediation and Conciliation Services to serve
on the Mediation Board (SMCS). The Mediation Board shall be comprised
of one (1) employee representative, one (1) representative of the City and
the representative from SMCS. The Association shall be an indispensable
party to any grievance which is submitted to the Mediation Board.
Page 29
(4) The Human Resources Division shall schedule the hearing, in its discretion,
to reasonably accommodate the schedules of everyone involved in the
hearing. Each party, including the Mediation Board, may have the
assistance of legal counsel if they so choose. The hearing shall be informal
and need not be conducted according to the technical rules of evidence.
Repetitious evidence may be excluded and oral evidence shall be taken
under oath. The burden of proof shall be on the City. If either party desires
to have a court reporter, that party will pay the costs of the reporter.
(5) The Mediation Board shall have the authority to determine the
appropriateness of the discipline, if any, and to make recommendations
regarding such discipline to the City Manager within ten (10) days of the
conclusion of the hearing.
(6) The City Manager shall review the recommendations of the Mediation
Board and, in addition, shall review the entire record of the hearing in the
event the City Manager chooses not to follow the recommendations of the
Mediation Board. The City Manager's decision shall be final.
6.3.4. Sexual/Racial Harassment.
Employees shall refer to the City Policy Against Harassment, Discrimination and
Retaliation (Policy No. 140.03)
ARTICLE 6.4. GRIEVANCE PROCEDURE.
6.4.1. Definitions.
(1) Grievance is a dispute, which involves the interpretation or
application of any provision of this Memorandum of Understanding.
All ordinances, resolutions, rules and regulations, which are not
specifically covered by the provisions of this Memorandum shall not
be subject to the Grievance Procedure.
(2) Day shall mean any day that the City Office is open for business,
excluding Saturdays, Sundays and the holidays recognized by the
City.
(3) Grievant may be an individual employee or a group of employees or
the Association on the behalf of a group of employees or the
Association on its own behalf on matters involving the City and
Association relationship.
(4) Time limits begin with the day following the event causing the
grievance or the day following receipt of a grievance decision.
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6.4.2. Procedure.
Step 1.
Within seven (7) working days of when the grievant knew or should have
known of the act or omission causing the grievance the grievant shall
present either in writing or verbally a clear and concise statement of the
grievance to the immediate supervisor. Within five (5) working days
thereafter the immediate supervisor shall investigate and respond to the
allegations of the grievant.
Step 2.
If the grievant is not satisfied with the resolution at Step 1 the grievant must
reduce the grievance to writing and present it to the Department Head
within five working (5) days. The written grievance shall contain a statement
of facts about the nature of the grievance, and shall identify the specific
provisions of this Memorandum of Understanding alleged to be violated,
applicable times, places and names of those involved, the remedy or relief
requested, and shall be signed by the grievant. The Department Head shall
confer with the grievant and within ten (10) working days respond to the
allegations in writing.
Step 3. If the grievant is not satisfied with the resolution at Step 2, the
grievant shall, within five (5) working days, appeal the matter by notifying
the City in writing that he/she desires to appeal. The following actions shall
then be followed:
(1) The City and the Association shall request a representative from the State
Mediation and Conciliation Services to serve on the Mediation Board
(SMCS). The Mediation Board shall be comprised of one (1) employee
representative, one (1) representative of the City and the representative
from SMCS. The Association shall be an indispensable party to any
grievance which is submitted to the Mediation Board.
(2) The Human Resources Division shall schedule the hearing, in its discretion,
to reasonably accommodate the schedules of everyone involved in the
hearing. Each party, including the Mediation Board, may have the
assistance of legal counsel if they so choose. The hearing shall be informal
and need not be conducted according to the technical rules of evidence.
Repetitious evidence may be excluded and oral evidence shall be taken
under oath. If either party desires to have a court reporter, that party will
pay the costs of the reporter.
(3) The Mediation Board shall have the authority to determine the
appropriateness of the grievance, if any, and to make recommendations
Page 31
regarding the grievance to the City Manager within ten (10) days of the
conclusion of the hearing.
(4) The City Manager shall review the recommendations of the Mediation
Board and, in addition, shall review the entire record of the hearing in the
event the City Manager chooses not to follow the recommendations of the
Mediation Board. The City Manager's decision shall be final.
6.4.3. General Provisions.
(1) Employees who participate in the Grievance Procedure, by filing a
grievance or acting, as a witness on the behalf of either party shall be free
from discrimination by either the Association or the City.
(2) A grievant has the right to be represented at each stage of the procedure,
to cross examine witnesses, and have access to all information regarding
the basis of the grievance upon which the City relies in making its
determinations.
(3) If the City management fails to respond within the specified time limits, the
grievance shall, at the request of the Association, automatically be moved
to the next step of the procedure. If the Association or a grievant fails to
process or appeal a grievance within the specified time limits, the matter
shall be deemed settled. The parties may by mutual agreement waive the
steps in the procedure.
(4) If a hearing is held during work hours of employee witnesses, such
employees shall be released from duties without loss of pay or benefits to
appear at the hearing. Witnesses requested by the parties shall be
compelled to attend said hearings.
(5) The Human Resources Division shall act as the central repository for all
grievances.
(6) Time limits contained herein may be extended by mutual agreement of the
parties. Absence for bona fide reasons by a grievant, the Association
Representative or any management official involved in responding to the
grievance shall automatically extend the time limits by the same number of
days of absence.
ARTICLE 6.5. POSITION RECLASSIFICATION PROCEDURE
The process by which an individual position may be audited to review the
appropriateness of its classification is provided in this Article.
6.5.1. Purpose.
This administrative procedure shall establish consistent guidelines for the creation
and/or review of a position's job classification.
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6.5.2. Policy.
The City of San Rafael seeks to maintain a classification system and process
whereby all positions are accurately classified on the basis of current and ongoing
job responsibilities officially assigned to said position(s).
6.5.3. Creation of New Position.
The Appointing Authority or their designee may during the budget process request
the creation of a new job classification by:
1. Completion of prescribed personnel form(s) and a position
description questionnaire form.
2. Completed forms shall be submitted to the City of San Rafael's
Human Resources Department.
3. Human Resources Department staff shall within 60 calendar days of
receipt of the forms complete a formal audit of the proposed job
class and prepare a written report.
4. The written report shall be submitted to the City Manager and the
City Council for final approval.
5. Creation of a new job classification shall be effective with the start of
the new fiscal year.
6.5.4. Reclassification.
The Appointing Authority or their designee or an incumbent of a position or the
Association on behalf of an employee may request, in writing, a classification
review. This classification review may be requested if the position has not been
reviewed within the previous twelve (12) months and either permanent and
substantial changes have been made in the duties and responsibilities assigned to
the position or there is evidence that the majority (50% or more) of the work being
performed is not appropriate for the position's current classification.
1. All requests for reclassification must be submitted to the Human
Resources Department on prescribed personnel form(s) by the
appointing authority. Reclassification requests must be
accompanied by a current job description approved by the position's
immediate supervisor and appointing authority.
2. Employee initiated reclassification requests must first be directed to
the employee's Appointing Authority. The appointing authority shall
forward the employee's request to the Human Resources Manager
within ten (10) days of receipt.
3. The Human Resources Manager shall ensure the review (audit) of
the employee's position is completed within sixty (60) calendar days
of receipt of the request in the Human Resources Department.
4. Based upon the analysis and evaluation of a position, the Human
Resources Department reviewer may recommend that the position
Page 33
be sustained in its current class or be reclassified (up or down) to the
proper classification based upon the assigned work. The City
Manager or their designee shall review all reclassification
recommendations made by the Human Resources Department.
5. Within ten (10) days of receipt of the written audit decision the
affected employee(s) may, in writing, submit a request for review of
this decision to the City Manager. This request for review must show
substantial error and/or omission on the part of the auditor. The City
Manager may render a decision on the appeal on the basis of the
written material or may interview the involved parties to discuss the
specific error or omission prior to rendering a decision.
6. The City Manager shall have final decision-making authority on all
reclassifications.
7. Reclassifications shall be effective the first of the month following
final approval of the action. Any changes of pay as a result of the
reallocation shall be in accordance with the City's Personnel Rules
and Regulations in effect at the time.
ARTICLE 6.6. FURLOUGH PROGRAM
Both the City of San Rafael and Association 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 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).
6.6.1. Voluntary Time Off (VTO).
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 5.6.2. (4.b.).
Page 34
3. Employees who take VTO at a time other than when MTO is taken
by other employees will have to take vacation leave, compensatory
time off or leave without pay if the MTO results in the closure of the
department.
6.6.2. Mandatory Time Off (MTO).
MTO will be taken by the employee during the MTO period when feasible in their
respective department (as determined by the Department Head and City Manager)
and after consultation with the Association. 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 its policy on this, the City will, effective
the first of the month following notice from the Marin County
Retirement System, make the necessary change in the program's
administration to correspond with the change in the policy3. 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 a 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, following fiscal year, with supervisory
approval. Furlough induced Personal Leave has no cash
value upon termination of employment. If an employee is laid
off before having the opportunity to take unused furlough
induced Personal Leave, said employee would be eligible to
take the unused furlough induced Personal leave during the
thirty -day layoff notice period.
C. Should the City of San Rafael experience a financial windfall
during the fiscal year that furloughs are implemented, the City
and Association agree to re -open negotiations on this
Furlough Plan.
Page 35
CHAPTER 7. MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, all rights of
management which have not been expressly abridged by specific provision of this
Memorandum of Understanding or by law to manage the City, as such rights
existed prior to the execution of this Memorandum of Understanding. The sole
and exclusive rights of management, as they are not abridged by this Agreement
or by law, shall include, but not be limited to, the following rights: To manage the
City generally and to determine the issues of policy; To determine the existence of
facts which are the basis of the management decision; To determine the necessity
of any organization or any service or activity conducted by the City and expand or
diminish services; To determine the nature, manner, means, technology and
extent of services to be provided to the public; Methods of financing; Types of
equipment or technology to be used; To determine and/or change the facilities,
methods, technology, means and size of the work force by which the City
operations are to be conducted; To determine and change the number of
locations, re -locations and types of operations, processes and materials to be
used in carrying out all City functions including, but not limited to, the right (after
effect bargaining) to contract for or subcontract any work or operation of the City;
To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and
assignments; To relieve employees from duties for lack of work or other legitimate
reasons; To discharge, suspend, demote or otherwise discipline employees for
proper cause in accordance with the provisions and procedures set forth in City
Personnel Rules and Regulations and this M.O.U; To determine job classifications
and to reclassify employees; To hire, transfer, promote and demote employees in
accordance with this Memorandum of Understanding and the City's Rules and
Regulations; To determine policies, procedures and standards for selection,
training and promotion of employees; To establish and modify employee and
organizational performance and productivity standards and programs including but
not limited to, quality and quantity standards; and to require compliance therewith;
To maintain order and efficiency in its facilities and operations; To establish and
promulgate and/or modify rules and regulations to maintain order and safety in the
City which are not in contravention with this Agreement; To take any and all
necessary action to carry out the mission of the City in emergencies.
The City and Association agree and understand that if, in the exercise of any of
the rights set forth above, the effect of said exercise of rights by the City impacts
an area within the scope of representation as set forth in the Meyers/Milias/Brown
Act, case law interpreting said acts, and/or Federal law, the City shall have the
duty to meet and confer with Association regarding the impact of its
decision/exercise of rights.
Page 36
CHAPTER 8. REDUCTION IN FORCE
ARTICLE 8.1. AUTHORITY
The Appointing Authority may lay off, without prejudice, any regular employee
because of lack of work or funds, or organizational alterations, or for reasons of
economy or organizational efficiency.
ARTICLE 8.2. NOTICE
Regular employees designated for layoff or demotion shall be notified in writing at
least thirty (30) calendar days prior to the anticipated date of termination or
demotion. The employee organization shall also be notified.
ARTICLE 8.3. ORDER OF LAYOFF
Layoffs and/or reductions in force shall be made by classification. A classification
is defined as a position or number of positions having the same title, job
description and salary. Extra hire employees shall be laid off before permanent
employees in the affected classification. In effecting the preceding order, a part-
time permanent employee with more seniority can displace a full time permanent
employee.
ARTICLE 8.4. SENIORITY
If two or more employees within a classification have achieved permanent status,
such employees will be laid off or reduced on the following basis:
a. Seniority within the affected classification will be determinative. Such
seniority shall include time served in higher classification (s). The computation
of seniority for part-time employees will be credited on a pro rata basis to full
time service. Time spent on a City Manager approved leave of absence
without pay does not count toward seniority.
b. If the seniority of two or more employees in the affected classification or
higher classifications) is equal, departmental seniority shall be determinative.
c. If all of the above factors are equal, the date regular status in City service is
achieved shall be determinative.
d. If all of the above are equal, date of certification for appointment shall be
determinative.
ARTICLE 8.5. BUMPING RIGHTS
An employee designated to be laid off may bump into a class at the same salary
level, or into the next lower classification in which such employee has previously
held regular status. An employee who is bumped, shall be laid off in the same
manner as an employee whose position is abolished.
Page 37
ARTICLE 8.6. TRANSFER RIGHTS
The Human Resources Manager will make every effort to transfer an employee
who is to be affected by a reduction in force to another vacant position for which
such employee may qualify. The length of eligibility for such transfer will be the
period of notification as provided in 8.2, but no longer than the effective date of
such layoff or reduction.
ARTICLE 8.7. RE-EMPLOYMENT
8.7.1. General Guidelines.
Individuals who have been laid off or demoted shall be offered re -appointment to
the same or similar classification in which they held status in the order of seniority
in the classification. Individuals demoted in lieu of reduction in force shall be
offered restoration to the highest class in which they held status and in which there
is a vacancy prior to the appointment of individuals who have been laid off.
8.7.2. Right to Re-employment.
Each person who has been laid off or demoted in lieu of a layoff from a position
the person held, shall, in writing, be offered re -appointment in the same
classification should a vacancy occur in the classification within two years after the
layoff or demotion. Prior to being re-employed, the employee must pass a
physical exam administered by a City appointed physician and must pass the
background check administered by the City.
8.7.3. Time Limits.
Should the person not accept the re -appointment within seven (7) calendar days
after the'date of the offer, or should the person decline or be unable to begin work
within two weeks after the date of acceptance of the offer, the person shall be
considered unavailable for employment, shall forfeit the right to re-employment
and be removed from the re-employment list.
8.7.4. Availability.
Whenever a person is unavailable for re-employment, the next senior person who
is eligible on the re-employment list shall be offered re-employment.
8.7.5. Probationary Status.
Employees re -appointed under the provisions above will not be required to
complete a new probationary period if they had previously held permanent status
in the classification. Employees who had not completed their probationary period
shall serve the remainder of the probationary period upon re -appointment.
8.7.6. Restoration of Benefits.
Employees restored to previously held positions shall be deemed to have returned
from a leave of absence for the purpose of all rights and benefits legally
Page 38
permissible. Time not on the payroll will not count as time worked for the
purposes of seniority accrual.
Page 39
The Association of Confidential
Employees
Lynne Ohlson,
Association Representative
Marily . Pgfcunia,
Association Representative
The City of San Rafael
�r
Richard Whitmore, Chief Negotiator
Leibert, Cassidy and Whitmore
William Scha`r , Assista irector
Community Services
-Yut/wz/)I�
Nancy Mackle I
Interim Assistant City Manager