HomeMy WebLinkAboutCC Resolution 11190 (MOU Police Mid-Management)RESOLUTION NO. 11190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
RESOLUTION NO 10491 PERTAINING TO THE COMPENSATION AND WORKING
CONDITIONS FOR THE SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION.
(4 year MOUfrom July 1, 2002 through Juice 30, 2006).
WHEREAS, the City of San Rafael and the San Rafael Police Mid -Management Association, 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 October 18, 2002, and consisting of 27 pages
and Exhibits has been executed by duly authorized representatives for both parties;
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and
the San Rafael Police Mid -Management Association, shall utilize the Memorandum of
Understanding effective July 1, 2002, as the official document of reference respecting compensation
and working conditions for Police Department personnel represented by the Police Mid -
Management Association;
Section 2: The schedules describing classes of positions and salary ranges attached as
Exhibit A through D, 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 21" day of October, 2002 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: M i 11 e r
JEAM. LEONCIN3, CITY CLERK
O UE,
Memorandum of Understanding
between
San Rafael Police Mid -Management
Association
and
City of San Rafael
July 1, 2002 through June 30, 2006
Table of Contents
CHAPTER 1. GENERAL PROVISIONS 1
1.1. INTRODUCTION
1
1.1.1. Scope of Agreement
1
1.1.2. Term
1
1.2. RECOGNITION
1
1.2.1. Bargaining Unit
1
1.2.2. Available Copies
1
1.3. DISCRIMINATION
2
1.3.1. In General _
2
1.3.2. Association Discrimination
2
1.4. ASSOCIATION RIGHTS
2
1.4.1. Employee Representatives
2
1.4.2. Dues Deduction
2
1.4.3. Release Time
2
1.5. CITY RIGHTS
2
1.5.1. Defined City Rights
2
CHAPTER 2. COMPENSATION
4
2.1. SALARY
4
2.1.1. Goal and Compensation Definitions
4
2.1.2. Compensation Surveys
4
2.1.3. Salary Increases and Revenue Sharing Calculations
5
2.1.3.a Fiscal Year 2002 - 2003 Increase
5
2.1.3.b Fiscal Year 2003 - 2004 Increase
6
2.1.3.c Fiscal Year 2004 - 2005 Increase
6
2.1.3.d Fiscal Year 2005 - 2006 Increase
7
2.2. COMPENSATION PLAN
7
2.2.1. Pay Dates.
8
2.3. SALARY STEP INCREASE
8
2.4. MERIT STEP INCREASE
8
2.5. ADDITIONAL PAY
8
2.5.1. Educational Incentive
8
2.5.2. Bilingual Pay
8
2.5.3 Shift Differential
9
2.6. PROBATIONARY PERIOD
9
2.6.1. Purpose of Probation
9
2.6.2. Length of Probationary Period
9
2.6.3. Rejection During Probation
9
2.6.4. Notification of Rejection
10
2.6.5. Extension of Probationary Period
10
2.6.6. Regular Status
10
2.6.7. Promotion of Probationary Employee
10
2.6.8. Unsuccessful Passage of Promotional Probation
10
Table of Contents
CHAPTER 3. HEALTHAND WELFARE
3.1. INSURANCE
3.2. RETIREMENT CONTRIBUTION
3.2.1. City Paid Employee Retirement
3.2.2. Retirement Plans
3.2.3. Member Cost of Living Rates
3.3. DENTAL INSURANCE
3.4. VACATION LEAVE
3.4.1. Eligibility.
3.4.2. Rate of Accrual.
3.4.3. Administration of Vacation Leave.
3.4.4. Vacation Cash In:
3.4.5. Vacation Cap:
3.5. SICK LEAVE ISSUES
3.5.1. Eligibility.
3.5.2. Accumulation.
3.5.3. Use of Sick Leave.
3.5.4. Advance of Sick Leave.
3.5.5. Upon Termination of Employment.
3.6. ADMINISTRATIVE LEAVE
3.7. HOLIDAYS
3.8. OTHER LEAVES
3.8.1. Bereavement Leave.
3.8.2. Military Leave.
3.8.3. Leave of Absence Without Pay.
3.8.4. Industrial Injury Leave.
3.8.5. Jury Duty.
3.8.6. Medical Leave of Absence.
3.8.7. Absent Without Authorized Leave.
CHAPTER 4. HOURS OF WORK
4.1. WORK WEEK
4.2. ALTERNATIVE WORK SCHEDULES
CHAPTER 5. TERMS AND CONDITIONS OF EMPLOYMENT
5.1. DEMOTION
5.2. SUSPENSION
5.3. TERMINATION OF EMPLOYMENT
5.3.1. Resignation.
5.3.2. Termination - Lay off.
5.3.3. Termination - Disciplinary Action.
5.3.4. Retirement.
5.3.5. Rejection During Probation.
10
10
11
11
12
12
12
12
12
12
13
13
13
14
14
14
14
15
15
15
15
16
16
16
16
16
17
17
17
17
17
17
17
17
18
18
18
18
18
18
18
Table of Contents
CHAPTER 6. DISCIPLINARYACTION
18
6.1. AUTHORITY
18
6.2. DEFINITION
19
6.3. CAUSES FOR DISCIPLINARY ACTION
19
6.4. APPEALS
19
6.5. CITY MANAGER AND ARBITRATION
20
CHAPTER 7. GRIEVANCE PROCEDURE
20
7.1. DEFINITION
20
7.2. INITIAL DISCUSSIONS
20
7.3. REFERRAL TO CITY MANAGER
20
7.4. CITY MANAGER AND ARBITRATION
20
CHAPTER 8. RED UCTION IN FORCE
21
CHAPTER 9. MISCELLANEOUS
21
9.1. EMPLOYER-EMPLOYEE RESOLUTION
21
9.2. UNIFORM ALLOWANCE
22
9.3. OUTSIDE EMPLOYMENT
22
9.4. GRATUITIES/SOLICITATION OF CONTRIBUTIONS
22
9.5. RETURN OF CITY EQUIPMENT
22
9.6. POLITICAL ACTIVITY
22
9.7. EMPLOYMENT OF RELATIVES
22
9.8. RULES AND POLICIES
22
9.8.1. Personnel Rules.
22
9.8.2. Drug And Alcohol Policy.
22
9.8.3. Temporary Modified Duty Policy Statement.
23
9.8.4. City Vehicle Use.
25
9.9. CLASSIFICATION TITLE CHANGE
25
CHAPTER 10.RULES GOVERNING M. 0. U.
25
10.1. EXISTING LAWS, REGULATIONS AND POLICIES
25
10.2. STRIKES AND LOCKOUTS
25
10.3. FULL UNDERSTANDING, MODIFICATION, WAIVER
25
10.4. PREVAILING RIGHTS
26
10.5. SEVERABILITY
26
10.6. SUCCESSOR NEGOTIATIONS
26
San Rafael Police Mid -Manage Association
July 1, 2002 through June 30, 2Uuo
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 representative 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 Julv 1, 2002 and ending on June 30, 2006.
CHAPTER 1. GENERAL PROVISIONS
1.1. INTRODUCTION
1.1.1. Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed
upon by the designated bargaining representatives of the City of San Rafael (herein -after called
"CITY") and the San Rafael Police Mid -Management Association (herein -after called
"ASSOCIATION") and shall apply to all employees of the City working in the classifications and
bargaining unit set forth herein (See Exhibit "A").
In accepting employment with the City of San Rafael, each employee agrees to be governed by and
to comply with the City's Personnel Ordinance, City's Personnel Rules and Regulations, City's
Administrative Procedures, and Police Department Rules & Regulations, General Orders and
Procedures.
1.1.2. Term
This agreement shall be in effect from July 1, 2002 through June 30, 2006.
1.2. RECOGNITION
1.2.1. Bargaining Unit
City hereby recognizes Association as the bargaining representative for purpose of establishing
salaries, hours, fringe benefits and working conditions for all employees within the San Rafael
Police Mid -Management Association Bargaining Unit (As referenced in Exhibit "A" attached).
1.2.2. Available Copies
Both City and Association agree to keep duplicate originals of this agreement on file in a readily
accessible location available for inspection by any City employee, or member of the public, upon
request.
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San Rafael Police Mid-ManagE Association
July 1, 2002 through June 30, 2uuu
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
preference, marital status, medical condition or disability.
Any employee who believes they are being discriminated against should refer to the City of San Rafael's
Harassment Policy for the process of receiving an internal administrative review of their complaint. This
administrative procedure shall be used as the internal complaint procedure in lieu of the grievance procedure
outlined in this MOU (Chapter 7).
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.
1.4. ASSOCIATION RIGHTS
1.4.1. Employee Representatives
The Association shall by written notice to the City Manager designate certain of its members as
Employee Representatives.
1.4.2. Dues Deduction
City agrees, upon written consent of the employee involved, to deduct dues, as established by the
Association, from the salaries of its members. The sums so withheld shall be remitted by City
along with a list of employees who have had said dues deducted.
The provisions specified above shall not apply during periods of separation from the representative
Bargaining Unit 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 representative Bargaining Unit. The
term separation includes transfer out of the Bargaining Unit, layoff, and leave without pay absences
with a duration of more than five (5) working days.
1.4.3. Release Time
One hundred (100) hours per calendar year shall be provided for union release time, apart from
MMB activity, with ten days advance notice and approval of the Chief of Police. Any additional
hours shall be granted only with ten days advance notice and approval of the Chief of Police.
1.5. CITY RIGHTS
1.5.1. Defined City Rights
The City reserves, retains, and is vested with, solely and exclusively, all rights of management
which have not been expressed 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
Page 2 of 27
San Rafael Police Mid -Manage . Association
July 1, 2002 through June 30, 20u6
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:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or non-existence of facts which are the basis of the
management decision.
3. To determine the necessity of organization or any service or activity conducted by the
City and expand or diminish services.
4. To determine the nature, manner, means, technology, and extent of services to be
provided to the public.
5. Methods of financing.
6. Types of equipment or technology to be used.
7. 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.
8. To determine and change the number of locations, relocation's and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to, the right to contract for or subcontract my work or operation of the City.
9. 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.
10. To relieve employees from duties for lack of work or similar non -disciplinary reasons.
11. To establish and modify productivity and performance programs and standards.
12. 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.
13. To determine job classifications and to reclassify employees.
14. To hire, transfer, promote and demote employees for non -disciplinary reasons in
accordance with this Memorandum of Understanding and the City's Personnel Rules
and Regulations.
15. To determine policies, procedures and standards for selection, training, and promotion
of employees.
16. To establish employee performance standards including, but not limited to quality and
quantity standards; and to require compliance therewith.
17. To maintain order and efficiency in its facilities and operations.
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San Rafael Police Mid -Manage, Association
July 1, 2002 through June 30, 20uo
18. 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.
19. To take any and all necessary action to carry out the mission of the City in
emergencies.
Nothing contained within Article 1.5, City Rights, is intended to, in any way, supersede or infringe
upon the rights of the recognized employee Association as provided under applicable Federal and
State law, including, but not limited to California State Government Code Sections 3500 through
3510 inclusive.
CHAPTER 2. COMPENSATION
2.1 - SALARY
2.1.1 - Goal and Compensation Definitions
Goal: It is the goal of the City Council to try to achieve a total compensation package for all
employees in the bargaining unit represented by the San Rafael Police Mid -Managers' Association
in an amount equal to the following:
1. One dollar ($1.00) above the average of the total compensation paid to the same or similar
classifications in the following ten (10) cities: Alameda, Fairfield, Hayward, Napa, Novato, San
Leandro, Santa Rosa, Sausalito, South San Francisco and Vallejo. AND
2. The highest total compensation paid to the same or similar classifications in each of the
following Marin County police agencies: Belvedere, Fairfax, Marin County Sheriffs Office, Mill
Valley, Novato, Ross, San Anselmo, Sausalito, Tiburon and Twin Cities.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity
pay steps), educational incentive pay, holiday pay, uniform allowance, car allowance, employer
paid deferred compensation, employer's contribution towards employees' share of retirement,
employer's retirement contribution (to be included for total compensation survey beginning July 1,
2004), employer paid contributions toward insurance premiums for health, life, long term disability,
dental and vision plans, and employer paid cafeteria/flexible spending accounts.
2.1.2 - Compensation Surveys
To measure progress towards the above -stated goal, the City will survey the identified benchmark
positions, which are identified in the San Rafael Police Mid -Management Association Represented
Benchmarks and Internal Relationships Table attached as Exhibit "E" and included as part of this
M.O.U. The City and the Association shall each assign two individuals to review the benchmarks
and related survey data for accuracy and completeness.
Identified benchmark positions from other agencies includes positions that are filled as well as
those that may be unfilled, so long as the benchmark position is identified by the survey agency as
being on the salary schedule and having a job class description. Other city/agency positions are
established as benchmark positions in San Rafael's compensation survey based upon similar work
and similar job requirements.
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San Rafael Police Mid -Manage Association
July 1, 2002 through June 30, 20ud
To measure whether the goal has been reached, a survey of total compensation for top step
benchmark positions will be conducted annually during the month of July of each year of the
contract. Survey data will include all salary and benefit increases, as defined in 'total
compensation', in place or to be effective no later than September 1 of that same year, for the
purpose of applying the excess General Tax Revenues, if any, described below. If such General
Tax Revenues are to be applied to a salary increase, there will be a wage increase retroactive to
September 1 for the year under survey for all classifications. Retroactive pay increases shall apply
to all current and retired (members who did not resign or were terminated) employees represented
by this contract during the retroactive period.
In no event will total compensation increases available through the revenue sharing provisions of
this contract and provided for bargaining unit employees cause the benchmark positions to exceed
the stated 'total compensation' goal. All related classifications shall receive the same increases as
those received by their assigned benchmark position (as defined in the San Rafael Police Mid -
Management Association Represented Benchmarks and Internal Salary Relationships table
included as part of this M.O.U.)
2.1.3 - Salary Increases And Revenue Sharing Calculations
General Tax Revenues shall be defined for this Chapter of the Memorandum of
Understanding to include the following taxes: Sales Tax, Property Tax (Secured,
Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax,
Hotel Occupancy Tax, Business License Tax and Franchise Fees. No other
revenue sources of the City will be included in this definition.
2.1.3.a - Fiscal Year 2002-2003 Increase
Effective July 1, 2002, bargaining unit employees shall receive an increase of
2.0% in base salary. Beginning the second full pay period following adoption by
the City Council of this M.O.U., bargaining unit employees shall receive an
increase of 2.5% in base salary (to coincide with 2.5% reduction in employee paid
retirement contributions for this fiscal year as identified in Section 3.2.1). See
Exhibit "Al and A2" for salary tables. If, after the above described increase, the
total compensation of the top step benchmark positions has not reached the
stated goal, then bargaining unit employees shall be entitled to the following
possible salary increases:
a. If General Tax Revenues of the City for fiscal year 2001-2002 exceed General Tax
Revenues of the City for fiscal year 2000-2001 as adjusted by 75% of the total
compensation increases provided for fiscal year 2001-2002, then the members of the
bargaining unit shall be entitled to apply 2.4% of one-half (1/2) of the excess of fiscal year
2001-2002 General Tax Revenues over fiscal year 2000-2001 General Tax Revenues
adjusted for 75% of the total compensation increases provided to members in fiscal year
2001-2002, for a salary increase.
b. Such application of the excess General Tax Revenues, as described above, for a salary
increase shall be based on the surveying of total compensation for the benchmark
positions identified on "Exhibit E" attached to this MOU. All bargaining unit classifications
will receive the same percentage increase as received by their assigned benchmark
positions, but if the increase would cause the benchmark position total compensation to
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San Rafael Police Mid-Manag6 Association
July 1, 2002 through June 30, 20ud
exceed the stated goal, then only that percentage needed to reach the goal for the
benchmark position will be applied to all related classifications.
2.1.3.b - Fiscal Year 2003-2004 Increase
Effective July 1, 2003, bargaining unit employees shall receive an increase of
5.0% in base salary (to coincide with 2.5% reduction in employee paid retirement
contributions for this fiscal year as identified in Section 3.2.1). See Exhibit "B" for
salary table. If, after the above described increase, the total compensation of the
top step benchmark positions has not reached the stated goal, then bargaining
unit employees shall be entitled to the following possible salary increases:
a. If General Tax Revenues of the City for fiscal year 2002-2003 exceed General Tax
Revenues of the City for fiscal year 2001-2002 as adjusted by 75% of the total
compensation increases provided for fiscal year 2002-2003, then the members of the
bargaining unit shall be entitled to apply 2.4% of one-half (1/2) of the excess of fiscal year
2002-2003 General Tax Revenues over fiscal year 2001-2002 General Tax Revenues
adjusted for 75% of the total compensation increases provided to members in fiscal year
2002-2003, for a salary increase.
b. Such application of the excess General Tax Revenues, as described above, for a salary
increase shall be based on the surveying of total compensation for the benchmark
positions identified on "Exhibit E" attached to this MOU. All bargaining unit classifications
will receive the same percentage increase as received by their assigned benchmark
positions, but if the increase would cause the benchmark position total compensation to
exceed the stated goal, then only that percentage needed to reach the goal for the
benchmark position will be applied to all related classifications.
2.1.3.c - Fiscal Year 2004-2005 Increase
Effective July 1, 2004, bargaining unit employees shall receive an increase of
4.0% in base salary (to coincide with 2.0% reduction in employee paid retirement
contributions for this fiscal year as identified in Section 3.2.1). See Exhibit T" for
salary table. If, after the above described increase, the total compensation of the
top step benchmark positions has not reached the stated goal, then bargaining
unit employees shall be entitled to the following possible salary increases:
a. If General Tax Revenues of the City for fiscal year 2003-2004 exceed General Tax
Revenues of the City for fiscal year 2002-2003 as adjusted by 75% of the total
compensation increases provided for fiscal year 2003-2004, then the members of the
bargaining unit shall be entitled to apply 2.9% of one-half (1/2) of the excess of fiscal year
2003-2004 General Tax Revenues over fiscal year 2002-2003 General Tax Revenues
adjusted for 75% of the total compensation increases provided to members in fiscal year
2003-2004, for a salary increase.
b. Such application of the excess General Tax Revenues, as described above, for a salary
increase shall be based on the surveying of total compensation for the benchmark
positions identified on "Exhibit E" attached to this MOU. All bargaining unit classifications
will receive the same percentage increase as received by their assigned benchmark
positions, but if the increase would cause the benchmark position total compensation to
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San Rafael Police Mid -Manage, Association
July 1, 2002 through June 30, 2006
exceed the stated goal, then only that percentage needed to reach the goal for the
benchmark position will be applied to all related classifications.
2.1.3.d - Fiscal Year 2005-2006 Increase
Effective July 1, 2005, bargaining unit employees shall receive an increase of
3.0% in base salary (to coincide with 1.0% reduction in employee paid retirement
contributions for this fiscal year as identified in Section 3.2.1). See Exhibit "D" for
salary table. If, after the above described increase, the total compensation of the
top step benchmark positions has not reached the stated goal, then bargaining
unit employees shall be entitled to the following possible salary increases:
a. If General Tax Revenues of the City for fiscal year 2004-2005 exceed General Tax
Revenues of the City for fiscal year 2003-2004 as adjusted by 75% of the total
compensation increases provided for fiscal year 2004-2005, then the members of the
bargaining unit shall be entitled to apply 2.4% of one-half (1/2) of the excess of fiscal year
2004-2005 General Tax Revenues over fiscal year 2003-2004 General Tax Revenues
adjusted for 75% of the total compensation increases provided to members in fiscal year
2004-2005, for a salary increase.
b. Such application of the excess General Tax Revenues, as described
above, for a salary increase shall be based on the surveying of total
compensation for the benchmark positions identified on "Exhibit E" attached to
this MOU. All bargaining unit classifications will receive the same percentage
increase as received by their assigned benchmark positions, but if the increase
would cause the benchmark position total compensation to exceed the stated
goal, then only that percentage needed to reach the goal for the benchmark
position will be applied to all related classifications.
2.2. COMPENSATION PLAN
The Compensation Plan adopted by the City Council shall provide for salary schedules, rates,
ranges, ascending salary steps for all members of the Association and any other special
circumstances or items related to the total compensation paid employees.
Each position within the classified services shall be allocated to an appropriate classification in the
compensation plan on the basis of duties and responsibilities. Each classification shall be assigned
a three step salary range with corresponding ascending salary rates assigned to each step. All
persons entering the classified service shall be compensated in accordance with the salary plan
then in effect.
All initial employment shall be at the first step of the salary step schedule. The City Manager or
his/her designee may authorize, upon the recommendation of the Chief of Police, placement 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 beginning salary in excess of the
first step.
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San Rafael Police Mid -Manage Association
July 1, 2002 through June 30, 2006
2.2.1. 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 pay day, the pay day will be transferred to the following day of regular business
unless the Finance Division is able to complete the payroll by the previous work day. The method
of the distributing payroll shall be established by the Director of Management Services or his
designee.
2.3. SALARY STEP INCREASE
An employee shall be considered for a step increase annually until the top step has been reached.
Advancement to a higher salary within a salary step schedule may be granted for continued
satisfactory service by the employee in the performance of his/her duties. Salary step
advancement shall be made only upon the recommendation of the Chief of Police concerned, with
the approval of the City Manager or his/her designee, and are not automatic, but based on
acceptable work performance.
Accelerated salary step increases may be granted an employee based upon the recommendation
of the Chief of Police and approval of the City Manager for exceptional job performance.
2.4. MERIT STEP INCREASE
Employees at the maximum step of their salary step schedule may be granted a merit performance
step increase of up to five percent (5%) above and beyond their top salary step. A merit step
increase may be effective for up to one (1) year. A merit step increase may be withdrawn after the
specified period of time and is not a disciplinary action and is not appealable. Merit step increases
may be granted in recognition of meritorious performance beyond the scope of regular duties and in
response to extraordinary conditions.
Management and Mid -Management employees shall be evaluated annually based on the
evaluation program adopted by the City Council in October of 1996 and incorporated by reference
herein.
2.5. ADDITIONAL PAY
2.5.1. Educational Incentive
The Educational Incentive for Police Captain and Police Lieutenant is included in the base salary.
2.5.2. Bilingual Pay
Full Fluency Proqram
A five percent (5%) bilingual pay incentive shall be paid to designated bilingual employees.
Conversational Fluency Proqram
A Conversational Fluency Bilingual Program is established which will entitle designated
employees to a conversational bilingual incentive of $50 per month.
Foreiqn Lanquaqe Pav Provisions
The City will pay, in advance, any authorized training or educational costs related to an
employee becoming fluent in a foreign language up to an amount equal to the cost of the
One Twelve USA Program. Employees enrolled in such bilingual training are obligated to
reimburse the City through payroll deductions over a period of three (3) years for one half
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San Rafael Police Mid -Manage Association
July 1, 2002 through June 30, 2006
the cost of any such education after the completion of such course. The employee is
obligated to reimburse the City for the full amount of such education costs if he/she drops
out of the education program or does not successfully pass the certification test. In the
event an employee must reimburse the full amount, reimbursement shall be through payroll
deductions over the course of three (3) years or in full upon separation.
Within the limits established in items 1 and 2 of this section, to qualify for either the Full or
Conversational Programs, employees must be certified as proficient in a language deemed
to be of work related value to the Police Department as determined by the Chief of Police
and approved by the City Manager by established standards. It is agreed that full fluency
or conversational proficiency certification may be obtained by passing a standardized
departmental test (to be developed by the department) or fluency certification issued by an
agency approved by the Chief of Police. Conversational proficiency certification may be
obtained by an employee achieving a Certificate of Completion from One Twelve USA, or
passing a departmental conversational test, or a conversational certification issued by an
agency approved by the Chief of Police.
Fluency in more than one foreign language does not entitle an employee to more than the
5% bilingual pay differential. Both parties agree to annual re -certification of proficiency to
continue eligibility for the bilingual differential.
Shift assignments and distribution of bilingual employees shall be at the discretion of the
Chief of Police.
2.5.3. Shift Differential
A five percent (5%) shift differential shall be paid for Police Lieutenant regularly scheduled to work
fifty percent (50%) or more of their shift after 5:00 p.m.
Shift differential shall not be considered an additional percentage on salary for personnel involved,
but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation
or compensatory time, but does include overtime for employees regularly assigned to the swing or
graveyard shifts. The current operational policies and provisions for shift rotation and assignment
remain in effect.
2.6. PROBATIONARY PERIOD
2.6.1. Purpose of Probation
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.
2.6.2. Length of Probationary Period
The probationary period on original and promotional appointments shall be for twelve (12) months.
2.6.3. Rejection During Probation
During the probationary period, an employee may be rejected at anytime by the Chief of Police
without the right of appeal.
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2.6.4. Notification of Rejection
On determining that a probationary employee's work is not satisfactory, the Chief of Police shall
notify the Personnel Officer in writing of his/her intention to reject the employee. After discussion
with the Personnel Officer, the Chief of Police shall notify the employee in writing of his/her
rejection.
2.6.5. Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness or injury or
compelling personal situation during which time the employee was unable to work. In such cases,
the probationary period may be extended for the length of time the ill or injured employee was
unable to work.
2.6.6. Regular Status
Regular status in the assigned (new) position shall commence with the day following the expiration
date of the probationary period.
2.6.7. Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a higher position
classification provided he/she is certified from the appropriate Eligible List. The employee promoted
in this manner shall serve a new probationary period for the position to which employee is
promoted and the new probationary period and promotional appointment shall be effective the
same date.
2.6.8. Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass his/her promotional probationary period shall be
reinstated to the position in which the employee held regular status prior to his/her promotion and
all previous rights and privileges restored. 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.
CHAPTER 3. HEALTH AND WELFARE
3.1. INSURANCE
A. Health, Life and Long Term Disability
The City shall contribute up to $350/month towards the premium costs for
each eligible employee's group Health and Disability Plans (City or
PORAC disability plan). Employees who retire from the Marin County
Retirement System within 120 days of leaving their City of San Rafael
position are eligible to continue in the City's group health insurance
program and receive a City contribution toward their group health
insurance premium equivalent to $385 per month.
a. Effective the first pay date in December, 2002 the City's contribution
will increase from $385 to $415 per month.
b. Effective the first pay date in December, 2003 the City's
contribution will increase from $415 to $437 per month.
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c. Effective the first pay date December, 2004 the City's
contribution will increase from $437 to $462 per month.
d. Effective the first pay date in December, 2005 the City's
contribution will increase from $462 to $489 per month.
2. The City shall pay the full cost of the employee's enrollment in the City
provided life insurance plans (Basic plan: $5,000 term policy and
Supplemental plan: term policy equal to one times the employee's annual
base pay. NOTE: In this instance, base pay means salary as listed in the
salary resolution).
3. Upon reasonable advance notice to the Association, the City shall have the
option of either contracting with the Public Employees Retirement System
(PERS) Health Benefits Division for health insurance or contracting directly
with some or all of the providers of health insurance under the PERS
program; provided, however, contracting directly with the providers shall
not cause any material reduction in insurance benefits for active or retired
employees from those benefits available under the PERS program; and
provided further such contracting shall not cause a material increase in
premiums for either the City or the employees. There shall be no
requirement for the City to meet and confer upon the City's exercising the
option described above in accordance with the provisions of this
paragraph.
3.2 RETIREMENT
3.2.1. City Paid Employee Retirement
On July 1, 2002, the City will pay the full share of the employee's contribution, not to
exceed eight percent (8%) of salary, to the Marin County Retirement System. If the
full amount of the employee's contribution is less than eight percent (8%) of salary,
then only the full share shall be paid.
Beginning the second full pay period following adoption by the City Council of this M.O.U., the City
will pay the full share of the employee's contribution, not to exceed five and one half percent (5.5%)
of salary, to the Marin County Retirement System. If the full amount of the employee's contribution
is less than five and one half percent (5.5%) of salary, then only the full share shall be paid.
On July 1, 2003, the City will pay the full share of the employee's contribution, not to exceed three
percent (3%) of salary, to the Marin County Retirement System. If the full amount of the
employee's contribution is less than three percent (3%) of salary, then only the full share shall be
paid.
On July 1, 2004, the City will pay the full share of the employee's contribution, not to exceed one
percent (1 %) of salary, to the Marin County Retirement System. If the full amount of the
employee's contribution is less than one percent (1 %) of salary, then only the full share shall be
paid.
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On July 1, 2005, bargaining unit members shall pay the full share of the employee's contribution to
the Marin County Retirement System.
3.2.2 Retirement Plans
On July 1, 2004, the City shall provide the Marin County Employee Retirement Association 3% at
55 retirement program to all safety members, as defined under the 1937 Act Government Code
Section 31664, subject to Marin County Employee Retirement Association procedures and
regulations and applicable 1937 Act laws that govern such plans.
On July 1, 2004, the City shall provide the Marin County Employee Retirement Association 2.7% at
55 retirement program to all miscellaneous members, as defined under the 1937 Act Government
Code Section 31676, subject to Marin County Employee Retirement Association procedures and
regulations and applicable 1937 Act laws that govern such plans.
3.2.3 Member Cost of Living Rates
Effective July 1, 2003, bargaining unit members who are eligible to participate in the
Marin County Employee Retirement Association will pay their full share of members
cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act.
Miscellaneous and safety member contribution rates include both the basic and
COLA portions (50% of COLA is charged to members as defined in the 1937 Act).
3.3. DENTAL INSURANCE
The City will provide a dental insurance program providing 100% coverage for diagnostic and
preventative care, $25 deductible on corrective care (80/20) per patient per calendar year and
orthodontic coverage (50/50); and 80/20 coverage of casts, crowns, and restorations in accordance
with the plan document of the provider.
3.4. VACATION LEAVE
3.4.1. Eligibility.
Annual vacation with pay shall be granted each 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 Chief of
Police.
3.4.2. Rate of Accrual.
Vacation benefits shall accrue during the probationary period. Effective with the first of the month
following adoption of this Resolution, each regular full time employee shall commence to accrue
vacation at the following rate for continuous service:
Years of Service
Leave Accrual rate/year
1 - 5 years
15 days
6 years
16 days
7 years
17 days
8 years
18 days
9 years
19 days
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10 years
20 days
11 years
21 days
12 years
22 days
13 years
23 days
14 years
24 days
15 years plus
25 days
3.4.3. Administration of Vacation Leave.
The City Manager, upon the recommendation of the Chief of Police, may advance vacation credits
to any eligible employee, except that if the employee leaves City employment before accruing the
used vacation leave said employee will reimburse the City of the advanced vacation leave.
In recognition of exempt status from FLSA, time off for vacation leave purposes shall not be
deducted from the employees' accrual, unless the employee is absent for the full work day.
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 the Chief of Police 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 fall within an annual vacation leave, such holidays shall
not be charged as vacation leave, and the vacation leave shall be extended accordingly.
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.
3.4.4. Vacation Cash In:
An employee, who has taken at least ten (10) days vacation in the preceding twelve (12) months,
may request in any fiscal year that accrued vacation, not to exceed seven (7) days, be converted to
cash payments and the request may be granted at the discretion of the City Manager. Employees
can not cash in more than seven (7) days of vacation in any one fiscal year.
3.4.5. Vacation Cap:
This policy becomes effective January 1, 1998. With the effective date of this policy employees
represented by the San Rafael Police Mid -Management Association:
• Would continue to accrue vacation leave at the rate prescribed in Section 3.4.2.
• During each calendar year the policy is in effect employees would be limited (cap) in the
number of vacation hours they can carry over from one year to the next (the cap limit would first
apply to carrying over hours into the 1999 calendar year).
• The carry over limit (cap) is 240 hours, unless the employee was already above this limit at the
time this policy was implemented, in which case their balance is their limit and that limit is
decreased as the employee uses their vacation leave.
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3.5. SICK LEAVE ISSUES
3.5.1. Eligibility.
Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be considered
as a privilege which an employee may use at his/her 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 Chief of Police according to department Rules and Regulations at the
beginning of his/her daily duties. Every employee who is absent from his/her duties for two (2)
consecutive work days shall file with the Personnel Officer, a physician's certificate or the
employee's personal affidavit stating the cause of the illness of disability. The inability or refusal by
said employee to furnish the requested information, as herein required, shall constitute good and
sufficient cause for disciplinary action, including dismissal.
In recognition of exempt status from FLSA, time off for sick leave purposes shall not be deducted
from the employee's account, unless the employee is absent for the full work day.
3.5.2. 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 an
amount not to exceed one hundred fifty (150) working days. The sick leave accrual rate is prorated
for eligible part time employees. The cap on sick leave accrual, 150 days, does not apply for
accrual purposes but does apply for sick leave separation payoff purposes.
3.5.3. 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 or illness within the immediate family (immediate family
under 3.5.3.(1) is defined as employee's spouse, dependent children
and/or employee's parents, not in-laws), or physical incapacity resulting
from causes beyond the employee's control; or
(2) Enforced quarantine of the employee in accordance with community health
regulations.
(3) Medical appointments that cannot be scheduled during non -working hours
shall be charged to sick leave, unless the employee is a sworn Police
Officer.
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.
Sick Leave Service Credit Option
Employees who are eligible to accrue sick leave and who retire from the City of San Rafael, on or
after July 1, 2002, and within 120 days of leaving City employment (excludes deferred retirement),
shall receive employment service credit, for retirement purposes only, for all hours of accrued,
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unused sick leave (exclusive of any sick leave hours said employee is eligible to receive and elects
to receive in compensation at the time of retirement, pursuant to Sick leave payoff Section MOU).
3.5.4. 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 have 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.
3.5.5. Upon Termination of Employment.
By resignation, retirement or death, an employee who leaves the City in good standing shall receive
compensation for all accrued, unused sick leave based upon the rate of three percent (3) for each
year of service up to a maximum of fifty percent (50%) of their sick leave balance.
3.6. ADMINISTRATIVE LEAVE
Mid -Management employees in this Association shall receive seven (7) Administrative Leave days
each calendar year subject to the approval of the department head and the City Manager. An
additional three (3) days may be granted at the discretion and with approval of the department head
and the City Manager. Unused Administrative Leave does not carry over from one calendar year to
the next, nor are unused balances paid off upon an employee's resignation.
In recognition of exempt status from FLSA time off for Administrative leave purposes shall not be
deducted from employee's accrual, unless the employee is absent for the full work day.
3.7. HOLIDAYS
The following holidays will be observed:
New Years Day
Washington's Birthday
Cesar Chavez Day
Independence Day
Admission Day
Thanksgiving Day
Christmas Day
Martin Luther King Day
Lincoln's Birthday
Memorial Day
Labor Day
Veteran's Day
Day after Thanksgiving
All represented employees in this Association shall receive straight time compensation for every
holiday worked or which falls on a regularly scheduled day off in each given year which all other
employees receive as time off Said compensation shall be paid twice each year on the first pay
period of December and the first pay period of June.
All represented employees in this Association shall have the discretion of either work the holiday,
take the holiday off, or use vacation or administrative leave to take the holiday off and still receive
compensation (subject to normal leave approval procedures within the Department.)
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3.8. OTHER LEAVES
3.8.1. 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 of
accrued sick leave within the State and up to five (5) days of accrued sick leave out-of-state, may
be granted for bereavement leave so the employee may attend the funeral.
In the case where the death involves an individual who had such a relationship with the employee,
as defined above, the employee shall sign a simple memo describing the relationship and submit
this to the Chief of Police as part of the request for bereavement leave.
3.8.2. 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 City
Manager and the Chief of Police an opportunity within the limits of military regulations, to determine
when such leave shall be taken.
3.8.3. Leave of Absence Without Pay.
Leave of absence without pay may be granted by the City Manager upon the written request of the
employee. Applicable accrued leave must be exhausted prior to the granting of leave without pay.
Applicable benefits do not accrue during times of leave without pay and Police Officer status is
removed.
3.8.4. 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 City's
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:
SAFETY EMPLOYEES
Compensation leave payments shall not exceed the employee's regular full pay for the first twelve
(12) calendar months.
Worker's Compensation checks from the City's Worker's Compensation Administrator 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.
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3.8.5. 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 Chief Of Police and remits to the City all per diem service fees except mileage or subsistence
allowance within thirty days from the termination of such duty.
3.8.6. Medical Leave of Absence.
Upon depletion of sick leave and any other accrued paid leave, an employee may be granted a
medical leave of absence without pay for a period not exceeding sixty days by the City Manager. If
the employee is unable to return to work at the end of this period, he or she must request further
medical leave in writing with a doctor's statement which will be subject to the approval of the City
Manager. If further leave is not granted, and the employee is unable/unwilling to return to full duty,
the employee's service with the City shall be considered terminated.
3.8.7. Absent Without Authorized Leave.
An unauthorized absence of an employee for three consecutive work day shall constitute an
automatic resignation from City service.
CHAPTER 4. HOURS OF WORK
4.1. WORK WEEK
The established work week for the Police Department shall be 0001 hours Sunday through 2400
hours Saturday. Job classifications covered by this Memorandum of Understanding would be
scheduled to work during normal business working hours, Monday through Friday.
4.2. ALTERNATIVE WORK SCHEDULES
Alternative work schedules which include a total of 2080 annual working hours, if mutually agreed
to by the Association and the Chief of Police, may be implemented for designated trial periods of
time. During these trial periods, the work unit's effectiveness, sick leave usage and workers
compensation claims shall be evaluated. During the trial period, either party shall have the right to
terminate the alternative work schedule with seven days notice to the other party.
CHAPTER 5. TERMS AND CONDITIONS OF EMPLOYMENT
5.1. DEMOTION
The City Manager or his/her designee may demote an employee when the following occurs:
(A) The employee fails to perform his/her required duties.
(B) The need for a position which an employee fills no longer exists;
(C) An employee requests such a demotion.
No employee shall be demoted to a classification for which he/she does not possess the
minimum qualifications of the position at the time of demotion.
When the action is initiated by the City Manager or his/her designee, 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 Personnel Office.
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Withholding a salary step increase, or withdrawing a merit step increase within or above
the salary range of the employee's position shall not be deemed a demotion.
Disciplinary demotion action shall be in accordance with Chapter 6 "Disciplinary Action."
5.2. SUSPENSION
The City Manager may suspend an employee from a position at any time for a disciplinary purpose.
Intended suspension action shall be reported immediately to the Personnel Officer, and shall be
taken in accordance with Chapter 6 , "Disciplinary Action."
5.3. TERMINATION OF EMPLOYMENT
5.3.1. 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 City
Manager and Personnel Office.
5.3.2. Termination - Lay off.
The City Manager or his/her designee may terminate an employee because of changes in duties or
organization, abolition of position, shortage of work or funds, or completion of work for which
employment was made.
5.3.3. Termination - Disciplinary Action.
An employee may be terminated at any time for disciplinary action, as provided in Chapter 6
"Disciplinary Action."
5.3.4. 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.
5.3.5. 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.
CHAPTER 6. DISCIPLINARY ACTION
6.1. AUTHORITY
The City shall have the right to discharge or discipline any 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 in strikes, individual or group
slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of
Understanding.
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6.2. DEFINITION
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and suspension
resulting in loss of pay.
6.3. CAUSES FOR DISCIPLINARY ACTION
The City may discipline or discharge an employee for the following:
A. Fraud in securing appointment.
B. Negligence of duty.
C. Violation of safety rules.
D. Unacceptable attendance record including tardiness,
overstaying lunch or break periods.
E. Possession, distribution or under the influence of
alcoholic beverages, non-prescription or unauthorized
narcotic or dangerous drugs during working hours.
F. Inability, unwillingness, refusal or failure to perform
work as assigned, required or directed.
G. Unauthorized soliciting on City property or time.
H. Conviction of a felony or conviction of a misdemeanor
involving moral turpitude.
I. Unacceptable behavior toward (mistreatment or
discourteousness to) the general public or fellow
employees or officers of the City.
J. Falsifying employment application materials, time
reports, records, or payroll documents or other City
records.
K. Disobedience to proper authority.
L. Misuse of City property.
M. Violation of any of the provisions of these working rules
and regulations or departmental rules and regulations.
N. Disorderly conduct, participation in fights, or brawls.
O. Dishonesty or theft.
P. Establishment of a pattern of violations of any City
policy or rules and regulations over an extended period
of time in which a specific incident in and of itself would
not warrant disciplinary action, however, the cumulative
effect would warrant such action.
Q. Failure to perform to an acceptable level of work quality
and quantity.
R. Insubordination.
S. Other acts inimicable to the public service.
6.4. APPEALS
If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the
right to appeal his or her case through the appropriate procedure (Chapter 7). Such appeal must be
filed with the City Manager by the employee in writing within five (5) working days from the date of
the discipline/discharge and unless so filed the right of appeal is lost.
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6.5. CITY MANAGER AND ARBITRATION
The employee (Appellant) may submit the appeal directly to the City Manager or may request
arbitration. If arbitration is requested, representatives, of the City and the employee (Appellant)
shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the
arbitrator and of a court reporter shall be shared equally by the Association and the City.
A hearing before the arbitrator shall be held within sixty days of the selection of the arbitrator unless
the arbitrator's schedule does not so permit. The arbitrator shall not have the power to amend or
modify either party's position, but shall rule on the merits of each party's case as presented during
the hearing. Decisions of the Arbitrator on matters properly before them shall be final and binding
on the parties hereto, to the extent permitted by the Charter of the City.
In addition to the arbitrators proposed by the State Mediation and Conciliation Service, the parties
shall be free to select from a pool of arbitrators mutually selected by the City and the Association.
CHAPTER 7. GRIEVANCE PROCEDURE
7.1. DEFINITION
A grievance is any dispute which involves the interpretation or application of any provision of this
Memorandum of Understanding.
7.2. INITIAL DISCUSSIONS
Any employee who believes that he or she has a grievance may discuss his or her complaint with
the Chief of Police or with such management official as the Chief of Police may designate. If the
issue is not resolved within five (5) working days in the Department, or if the employee elects to
submit his or her grievance directly to an official of the employee organization which is formally
recognized as the representative of the classification of which he or she is assigned, the
procedures hereafter specified may be invoked.
7.3. REFERRAL TO CITY MANAGER
Any employee or any official of the employee organization which have been formally recognized by
the City and which has jurisdiction over any position directly affected by the grievance may notify
the City Manager and Police Chief in writing that a grievance exists, and in such notification, state
the particulars of the grievance, and, if possible, the nature of the determination which is desired.
No grievance may be processed under subsection 7.4 below which has not first been heard and
investigated in pursuance of subsection 7.2. A grievance which remains unresolved thirty (30)
calendar days after it has been submitted in writing may be referred to the next step.
Any time limit may be extended to a definite date by mutual agreement of the Association and the
appropriate management representative.
7.4. CITY MANAGER AND ARBITRATION
If the grievance is not resolved in the previous step, the grievant, the Association, or the City may,
after completion of the previous step in the grievance procedure, submit the grievance directly to
the City Manager, or may request arbitration. If arbitration is requested, representatives of the City
and the Association shall meet promptly to select a mutually acceptable arbitrator. The fees and
expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the
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City. Each part, however, shall bear the cost of its own presentations, including preparation and
post hearing briefings, if any.
No Arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a
position over which a recognized employee organization has jurisdiction unless such dispute falls
within the definition of grievance as hereinabove set forth in paragraph (1) of this Section.
Proposals to add to or change this Memorandum of Understanding or written agreement or
addenda supplementary hereto shall not be grievable and nor proposal to modify, amend or
terminate this Memorandum of Understanding, not any matter or subject under this Section; and no
Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written
agreements or addenda supplementary hereto or to establish any new terms or conditions of
employment. No changes in the Memorandum of Understanding or interpretations thereof will be
recognized unless agreed to by the City Manager and the Association.
A hearing before the arbitrator shall be held within 60 days of the selection of the arbitrator unless
the arbitrator's schedule does not so permit, and the arbitrator shall render a decision which is
binding on the parties hereto, to the extent permitted by the Charter of the City.
CHAPTER 8. REDUCTION IN FORCE
In reduction of forces, the last employee appointed within the represented classification shall be the
first employee laid off, and in re -hiring, the last employee laid off shall be the first employee re -hired
until the list of former employees is exhausted, provided that the employee retained or re -hired is
capable, in the opinion of the City, to perform the work required. An employee laid off from City
services prior to being re -hired must pass the physical examination administered by a City -
appointed physician and must pass the background check administered by the Police Department.
The names of employees laid off shall be placed on a Re-employment Eligible List as hereinafter
specified.
The Re-employment Eligible List shall consist of names of employees and former employees
having probationary or permanent status who were laid off in that classification. The rank order on
such lists shall be determined by relative seniority as specified above. Such list shall take
precedence over all other eligible lists in making appointments to the classification in which the
employee worked.
The name of any person laid off shall continue on the appropriate Re-employment Eligible List for a
period of one (1) year after it is placed thereon. The names of any eligible employees on a Re-
employment eligible List shall be automatically removed from said list at the expiration of the
appropriate period of eligibility.
CHAPTER 9. MISCELLANEOUS
9.9. EMPLOYER-EMPLOYEE RESOLUTION
The City and the Association agree to abide by the City of San Rafael's Employer -Employee
Relations Resolution.
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9.2. UNIFORM ALLOWANCE
The represented classification will receive a uniform allowance for each six (6) months of service
ending June 30 and December 31. Effective with the 12/31/99 payment the uniform allowance will
be $300.00 ($600.00 per year).
A pro -rated portion of the allowance may be given for the first and last six (6) months of service
upon recommendation of the Police Chief and approval of the City Manager or their designee.
9.3. OUTSIDE EMPLOYMENT
All employees of the Police Department should refer to Departmental General Order 91-06 for
the policy and procedures related to outside employment.
9.4. GRATUITIES/SOLICITATION OF CONTRIBUTIONS
All employees of the Police Department should refer to Departmental Rule and Regulation 300.48
and 300.50 for the rules and procedures related to gratuities/solicitation.
9.5. RETURN OF CITY EQUIPMENT
Upon termination of employment, all tools, equipment, and other City property assigned to any
employee shall be returned.
9.6. POLITICAL ACTIVITY
The political activity of City employees shall comply with pertinent provisions of State and Federal
Law.
9.7. EMPLOYMENT OF RELATIVES
The City retains the right:
1. To refuse to place one party to a relationship under the direct supervision of the other
party to a relationship where such has the potential for creating adverse impact on
supervision, safety, security or morale.
2. To refuse to place both parties to a relationship in the same department, division or
facility where such has the potential for creating adverse impact on supervision, safety,
security, or morale, or involves potential conflicts of interest.
9.8. RULES AND POLICIES
9.8.1. Personnel Rules.
This Association accepts the revised Personnel Rules and Regulations presented in a documented
dated 4/91.
9.8.2. Drug And Alcohol Policy.
The City and Association jointly recognize alcoholism and drug abuse as illnesses which may be
treatable. The parties are concerned regarding alcoholism and drug problems which cause poor
attendance and unsatisfactory employment related performance and/or which may pose a danger
to employees or the public. Therefore, the City and Association endorse the concept of a drug free
work place.
Page 22 of 27
San Rafael Police Mid -Manage, Association
July 1, 2002 through June 30, 20u6
Possession and/or sale of illegal drugs, use of illegal drugs or misuse of prescribed drugs or
alcohol, or being under the influence of drugs or alcohol while on the job is strictly prohibited.
Employees violating this policy are subject to discipline, up to and including termination. When
reasonable cause (relates to readiness and/or ability to perform job responsibilities) exists, the City
may require employees to submit to a medical examination, including but not limited to a urine or
blood analysis, to determine whether the employee is using drugs or alcohol. Said testing shall
occur on City time and be paid for by the City. An employee's failure to submit to a medical
examination will be considered an act of insubordination, and therefore, subject to disciplinary
action.
Depending on the circumstances causing the order for medical examination, employees testing
positive may be subject to discipline, up to and including termination. Upon being informed that the
employee tested positive, the employee may request a meeting with the Human Resources
Manager and the Chief of Police to review the test results and provide the employee's explanation
for such results.
Employees are encouraged to voluntarily participate in the City sponsored employee assistance
program (EAP). However, EAP participation may be a City -mandated alternative to disciplinary
action arising out of a violation of the City's drug and alcohol policy.
As a course of participating in the EAP on a mandated basis, an employee may be required to
enter into a "return to work agreement," with the City. Said agreement shall stipulate ongoing
freedom from drug and/or alcohol use as a condition of continued employment.
Employees who seek voluntary assistance for alcohol and/or substance will not be disciplined for
seeking such assistance. Requests from employees to the Chief of Police for such assistance shall
remain confidential and shall not be revealed to other employees or management personnel, who
do not have a need to know, without the employee's consent. Employees enrolled in substance
abuse programs shall be subject to all Employer rules, regulations and job performance standards
with the understanding that an employee enrolled in such a program is receiving treatment for an
illness.
An employee who is disciplined/discharged for inappropriate alcohol and/or drug use may appeal
such action pursuant to Chapter 7.4 of the Memorandum of Understanding.
9.8.3. TEMPORARYMODIFIED DUTYPOLICYSTATEMENT
The purpose of this temporary modified duty program is to minimize the losses of productive time,
while at the same time reintroducing the employee to work sooner to prevent deterioration of skills,
facilitate recovery and reduce income loss. Modified duty assignments will be structured so that
employees are not placed in a duty status that would aggravate or re -incur an injury or illness.
Modified duty assignments are to be limited to temporary periods and are not to be used to create a
permanent modified duty assignment.
1. Coveraqe
Any employee who suffers a temporary and partial disability due to an industrial or non-
industrial injury or illness will be covered by this modified duty program.
2. Determination/Required Reports
Page 23 of 27
San Rafael Police Mid -Manage Association
July 1, 2002 through June 30, 2Uu6
a. Modified Duty assignments may be made following evaluation and determination
by the department head. The determination will be based on available medical
information, and consultation with the employee or the affected supervisor.
Determination will also be based on the needs of the City and the impact of
modified duty departmental operations.
b. After the initial report, updated medical reports shall be submitted to the
department head at two week intervals, or at other agreed upon intervals, for as
long as the employee is off work. Reports will be required for all industrial or non-
industrial injuries or illnesses regardless of whether or not a modified duty
assignment has been made.
C. Reports will be evaluated by the department head for purposes of continuing or
terminating a current modified duty assignment or to determine when to commence
a modified duty assignment.
Modified Duty Assignments - Definitions/Restrictions
a. Modified duty assignments may consist of reduced work hours, limited work or any
combination thereof.
b. Modified duty assignments will not adversely affect the employee's normal wage
rate or retirement benefits.
C. Modified duty assignments will be within the employee's assigned department and
will involve work which is consistent with the duties of the employee's
classification.
d. When feasible, modified duty assignments will be during the employee's normal
shift and duty hours. However, if it is determined that no useful work will be
performed during the normal shift or duty hours, the employee will be assigned
modified duty during normal office hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday.
e. Specific modified duty assignments will be developed based upon a case by case
review of the medical restrictions, so as not to aggravate or reincur an injury or
illness.
f. Employees will not be placed in modified duty assignments, that in the normal
course of events, will require that they provide direct field emergency response.
4. Holidays/Vacations
a. Holidays shall be observed in accordance with the modified duty assignment work
hours and work week. That is, if an employee is assigned to work hours in a
department, division, or operating unit where employees in that work unit take the
holiday off, so shall the modified duty employee. If the employee is assigned to
work hours on a work holiday, so shall the modified duty employee. Compensation
for holidays shall be in accordance with applicable Memorandum of Understanding
or the Personnel Rules and Regulations.
b. Employees assigned to modified duty shall take their assigned (selected) vacation
as normally scheduled. Vacations shall cover the same number of duty and
calendar days as would have been enjoyed by the employee if they had remained
on full duty. Employees may reschedule their assigned (selected) vacation with
the approval of the department head, provided the rescheduling does not result in
increased costs or lost time to the City for relief personnel to cover the rescheduled
vacation.
Page 24 of 27
San Rafael Police Mid -Manage Association
July 1, 2002 through June 30, 2006
5. Return to Full Dutv
Employees will be returned to full duty as soon as possible following medical certification
that the employee is able to resume the full duties of his or her classification.
9.8.4. City Vehicle Use.
The City agrees to allow all currently represented classified positions (Police
Captain, Police Lieutenant, and Police Support Services Manager), covered by
this agreement, the use of department vehicles, as practiced on the date the
M.O.U. was adopted by the City Council, for FY 91-92, as they are expected to
respond to emergencies. During the term of this contract the Chief of Police and
members of this Association shall meet and confer on the development of a
specific policy related to City Vehicle Use.
9.9. CLASSIFICATION TITLE CHANGE
Effective with the adoption of the M.O.U., the job classification title of Police Bureau Commander
will be changed to Police Captain. This title change does not impact current duties assigned to this
job classification. This change is being made to better reflect the nature of the work and the titles
typically used for similar positions in the comparison cities.
CHAPTER 10.RULES GOVERNING M.O.U.
10.1. EXISTING LAWS, REGULATIONS AND POLICIES
This M.O.U. is subject to all applicable laws.
10.2. STRIKES AND LOCKOUTS
During the term of this M.O.U., the City agrees that it will not lock out employees, and the
Association agrees that it will not 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.
10.3. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. The parties jointly represent to the City Council that this M.O.U. set forth the full
and entire understanding of the parties regarding the matters set forth herein.
B. 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, not as to wages or fringe benefits during the period of the term of
this M.O.U. 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 for a proposed M.O.U. between
the parties to be effective on or after July 1, 2006.
Page 25 of 27
San Rafael Police Mid -Manage, Association
July 1, 2002 through June 30, 20U6
10.4. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted through
rules, regulations, ordinance or resolution, which are not specifically superseded by this M.O.U.,
shall remain in full force and effect throughout the term of this Agreement.
10.5. SEVERABILITY
If any article, paragraph or section of this M.O.U. 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 M.O.U. shall not be affected thereby,
and the parties shall enter into meet and confer sessions for the sole purpose of arriving at a
mutually satisfactory replacement for such article, paragraph or section.
10.6. SUCCESSOR NEGOTIATIONS
Both parties agree to begin the meet and confer process no later than April 1, 2006, regarding the
terms and conditions applicable to a M.O.U. effective July 1, 2006. The process will be initiated by
the San Rafael Police Mid -Managers Association through the submittal of upcoming contract
requests it wishes to be considered.
Page 26 of 27
San Rafael Police Mid -Manage+ Association
July 1, 2002 through June 30, 2QU6
SAN RAFAEL POLICE MID -
MANAGEMENT ASSOCIATION
By
John Rohrbacher, Police Captain
C=Cha
AE
BI
DAssistant Director
Management Services Department
By By ,��ibL��%� _
Kenneth- NQrdhoff, Assistant CiiyU
Manager
v12.
Date / '
Page 27 of 27
MEMORANDUM OF UNDERSTANDING
CITY OF SAN RAFAEL
SAN RAFAEL POLICE MID -MANAGEMENT ASSOCATION
List of Exhibits
Exhibit Al Salary Schedule 07/01/02
Exhibit A2 Salary Schedule Second full pay period after adoption
Exhibit B Salary Schedule 07/01/03
Exhibit C Salary Schedule 07/01/04
Exhibit D Salary Schedule 07/01/05
Exhibit E Benchmark and Internal Relationship
San Rafael Police Mid Managers Association
MOU Exhibit "E" Benchmark Relationships
Job Class Title
Police Captain
Police Lieutenant
Benchmark
Relationship
Benchmark
Benchmark - 15%
Police Support Services Mgr. Benchmark - 27%