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HomeMy WebLinkAboutCC Resolution 8824 (Police Mid-Management Assoc.)RESOLUTION NO. 8824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION 8779 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION 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 February 16 , 1993 and consisting of 23 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 the San Rafael Police Mid - Management Association shall utilize the Memorandum of Understanding dated February 16 , 1993, as the official document of reference respecting compensation and working conditions for Police Mid -Management personnel; Section 2. The schedule describing classes of positions and salary ranges attached in Exhibit A 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 Tuesdav , the 16th day of Februarv. 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JEANki M. LEONCINI, City Clerk MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION FISCAL YEAR 93-94 SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION M.O.U. TABLE OF CONTENTS CHAPTER TITLE PAGE CHAPTER 1 GENERAL PROVISIONS 1 1.1 Introduction 1 1.2 Recognition 2 1.3 Descrimination 2 1.4 Association Rights 2 1.5 City Rights 3 CHAPTER 2 COMPENSATION 4 2.1 Salary 4 2.2 Compensation Plan 5 2.3 Salary Step Increase 5 2.4 Merit Step Increase 6 2.5 Additional Pay 6 2.6 Probationary Period 7 CHAPTER 3 HEALTH AND WELFARE 8 3.1 Insurance 8 3.2 Retirement Contribution 8 3.3 Dental Insurance 8 3.4 Vacation Leave 9 3.5 Sick Leave 10 3.6 Administrative Leave 11 3.7 Holidays 12 3.8 Other Leaves 12 CHAPTER 4 HOURS OF WORK 14 4.1 Work Week 14 4.2 Alternative Work Schedules 14 CHAPTER 5 TERMS AND CONDITIONS OF,EMPLOYMENT 14 5.1 Demotion 14 5.2 Suspension 15 5.3 Termination of Employment 15 CHAPTER 6 DISCIPLINARY ACTION 16 6.1 Authority 16 6.2 Definition 16 6.3 Causes for Disciplinary Action 16 6.4 Appeals 17 6.5 City Manager and Arbitration 17 CHAPTER 7 GRIEVANCE PROCEDURE 17 7.1 Definition 17 7.2 Initial Discussions 17 7.3 Referral to City Manager 18 7.4 Adjustment Board 18 7.5 City Manager and Arbitration 19 SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION TABLE OF CONTENTS continued........... CHAPTER 8 REDUCTION IN FORCE 19 CHAPTER 9 MISCELLANEOUS 20 9.1 Employer -Employee Resolution 20 9.2 Uniform Allowance 20 9.3 Outside Employment 20 9.4 Gratuities/Solicitation of Contributions 20 9.5 Return of City Equipment 20 9.6 Political Activity 21 9.7 Employment of Relatives 21 9.8 Rules and Policies 21 9.9 Classification Study 22 CHAPTER 10.0 RULES GOVERNING M.O.U. 22 10.1 Existing Laws, Regulations and Policies 22 10.2 Strikes and Lockouts 22 10.3 Full Understanding, Modification, Waiver 22 10.4 Prevailing Rights 22 10.5 Severability 23 10.6 Successor Negotiations 23 MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL POLICE MID -MANAGEMENT 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 July 1, 1993, and ending on June 30, 1994. 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, 1993 through June 30, 1994. 1 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. 1.3. DISCRIMINATION 1.3.1. In General The parties to this contract agree that manner, discriminate against any person race, color, age, religion, ancestry, sexual preference, marital status, handicap. 1.3.2. Association Discrimination they shall not, in any whatsoever because of national origin, sex, medical condition or 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 2 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. I.S. 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 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, relocations 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. 01 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. 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. Effective 7-01-93, the salary ranges as established in the previous Memorandum of Understanding (M.O.U.) will continue (Exhibit "A attached). 4 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. 2.2.1. Pay Period. 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 Department is able to complete the payroll by the previous work day. The method of the distributing payroll shall be established by the Director of Finance. 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 improvements and efficient and effective 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. A 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 (50) 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. 2.5. ADDITIONAL PAY 2.5.1. Mid Management Allowance A. Employees shall receive a monthly allowance of $172.00/month. B. Employees shall have the option or choice of applying their monthly allowances to the following: 1. Membership in a fitness club. 2. Optical coverage. 3. Payment for dental or medical costs, including premiums, in excess of coverage provided in the City's group plans or premium contribution. 4. Membership dues in community organizations. 5. Deferred Compensation Plan. 6. Professional development costs such as purchase of personal computer equipment, tuition for job related coursework, costs associated with job related training, out of state travel to training or conferences not accommodated in the departmental budget or other professional development/membership costs not included in departmental budget. 7. Annual physical examination. 8. Alternative life insurance programs. 9. Dependent care costs. A dependent is any individual who is a dependent of the employee in accordance with Section 152 (a) of the I.R.S. Code. 10. Cash on a semi-monthly basis with the paycheck (note: this option is not included as salary for retirement purposes). C. Allowances are applied or granted based upon the monthly rates. In the event that an employee leaves the City, he or she is entitled to a pro -rata amount based upon the months of service in the fiscal year in which the separation occurs. 51 2.5.2. Educational Incentive The Educational Incentive for Police Captain and Police Lieutenant is included in the base salary. 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. 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 r► 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 1. The City shall contribute up to $350/month towards the premium costs for each eligible employee's Health and Disability Plans. The City shall continue to pay up to $350/month for an eligible retiree's enrollment in one of the City offered group health insurance plans. 2. The City shall pay the full cost of the employee's enrollment in the City provided life insurance plans (Basic plan: $5000 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). 3.2. RETIREMENT CONTRIBUTION 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 employee share shall be paid. Additionally, the City has adopted Section 31581.2 of the Government Code for the balance of the employee's portion of the retirement contribution in order to implement Section 414H of the IRS Code to allow for tax deferment of the employee's retirement contribution. 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. E93 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/near 1 - 5 years 15 days 6 years 16 days 7 years 17 days 8 years 18 days 9 years 19 days 10 years 20 days 11 years 21 days 12 years 22 days 13 years 23 days 14 years 24 days 15+years 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. Vacation days may be carried forward only after approval has been secured from the department head and the City Manager. The amount carried forward shall not exceed the annual vacation allotment for the individual. No employee may annually carry forward in excess of five (5) days of his/her annual earned vacation and in no case may he/she have accumulated at the close of any calendar year (December 31) total accumulated days in excess of thirty (30); however, on certain occasions for the convenience of department, the City Manager may extend said accrued vacation leave at City Manager's discretion. 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. w] 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. 3.5. 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 for 10 those hired before 07-01-79. Employees hired on or after this date are not eligible for sick leave separation payoff. 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, 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. 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 unaccrued at the time of such separation shall reimburse the City of all salary paid in connection with such unaccrued leave. 3.5.5. Upon Termination of Employment. By resignation, retirement or death, an employee hired prior to 07-01-79, 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. 3.5.6. Sick Leave Incentive Plan. (Post - July 1, 1979 Employees) Provides for incentive pay in recognition of outstanding attendance as follows: Absence Rate Between 07-01 and 06-30 of each fiscal vear Incentive Pav None 8 hours of pay 1 to 16 hours 6 hours of pay 17 to 24 hours 4 hours of pay 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 11 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 Year's Day Washington's Birthday Memorial Day Labor Day Veteran's Day Day after Thanksgiving Martin Luther King Day Lincoln's Birthday Independence Day Admission Day Thanksgiving Day Christmas Day Lincoln's Birthday and Admission Day are considered to be floating holidays which are compensated for by being added to the represented employees' vacation time if not used during the year. 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 (except for floating holidays which if not used, are added to the employees' vacation balance). 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.) 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. 12 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 informa-tion, 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. 13 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 consecu-tive 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. 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; 14 (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. 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. 15 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. 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. 16 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 or Personnel Officer 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. 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 as soon as practical. 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. 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 17 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 Adjustment Board. Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative. 7.4. ADJUSTMENT BOARD In the event the Association and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove defined) which arises and is presented during the term of the Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of three (3) employee representatives, and three (3) representatives of the City. The Association shall be an indispensable party to any grievance which is submitted to the Adjustment Board. Any party desiring an official transcript of the Adjustment Board hearing shall bear the cost of same. If an Adjustment Board is unable to arrive at a majority decision, either the grievant , the Association or the City may request that the grievance be referred to the City Manager, or arbitrator. No Adjustment Board or 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 W this Memorandum of Understanding, not any matter or subject under this Section; and no Adjustment Board or 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. 7.5. CITY MANAGER AND ARBITRATION If the grievance is not resolved through a majority decision in the previous step (Adjustment Board), 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 City. Each party, however, shall bear the cost of its own presentations, including preparation and post hearing briefs, if any. A hearing before the arbitrator shall be held as soon as practical, 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 hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted, provided that the employee retained or rehired is capable, in the opinion of the City, to perform the work required. An employee laid off from City services prior to being rehired 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 Reemployment Eligible List as hereinafter specified. The Reemployment 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. 19 The name of any person laid off shall continue on the appropriate Reemployment Eligible List for a period of one (1) year after it is placed thereon. The names of any eligible employees on a Reemployment eligible List shall be automatically removed from said list at the expiration of the appropriate period of eligibility. CHAPTER 9. MISCELLANEOUS 9.1. EMPLOYER-EMPLOYEE RESOLUTION The City and the Association agree to abide by the City of San Rafael's Employer -Employee Relations Resolution. 9.2. UNIFORM ALLOWANCE Each of the following represented classifications will receive a uniform allowance for each six (6) months of service ending June 30 and December 31 as follows: A. Uniformed, sworn Patrol employees: July 1, 1993 thru June 30, 1994: $275 ($550/yr.) B. All other represented employees: July 1, 1993 thru June 30, 1994: $200 (400/yr.) C. 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/solici- tation. 9.5. RETURN OF CITY EQUIPMENT Upon termination of employment, all tools, equipment, and other City property assigned to any employee shall be returned. 20 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. Both parties agree to meet and confer over the Personnel Rules and Regulations revision project currently underway. 9.8.2. Drug And Alcohol Policy. The City and the Association both support a drug and alcohol free work place and endorse the general policies outlined in Administrative Procedure #3 adopted by the City Manager on 4-23-91. Further, because of the nature of work performed by the members of the Association, both parties agree to meet and confer over a departmental Drug and Alcohol Policy which will better meet the needs of the Police Department and the members of this Association. 9.8.3. Medical Standards. Both parties agree to meet and confer over medical Standards as they may relate to non - placement issues. 9.8.4. Light Duty Policy Statement. Both parties agree to meet and confer over a departmental Light Duty Policy. 9.8.5. City Vehicle Use. The City agrees to allow all represented classified positions, 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. 21 9.9 CLASSIFICATION STUDY The City agrees to conduct a classification study for all represented classified positions covered by this agreement. The study shall be completed by July 1, 1992 (see Letter marked Exhibit "B" for clarification). The study shall consider the findings and recommendations of the just completed Hughes/Heiss report. 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, 1994. 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 22 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, 1994, regarding the terms and conditions applicable to a M.O.U. effective July 1, 1994. 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. SAN RAFAEL POLICE MID- CIT OF AN RAFAEL MANAG ENT ASSOCIATION r B J-�wt5•ot�,fBy Name/Title ,Mame/Title Name/Title v "/Tit /T le By Name/Title DATED: Z /3 /9.3 23 By Name/Title DATED: '62,k/53 POLICE MID -MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING EXHIBIT "A" Effective July 1, 1993, the following salary ranges are hereby established for the job classifications represented by the San Rafael Police Mid -Management Association: SALARY RANGE WAGE CLASS JOB CLASSIFICATION MINIMUM MAXIMUM 6102 Police Captain $4938.38 $5814.74 6103 Police Lieutenant $4395.68 $5174.47 CITY OF SAN RAFAEL SAN RAFAEL, CALIFORNIA (INTER -DEPARTMENTAL MEMORANDUM POLICE MID -MANAGEMENT ASSOCIATION FY93-94 MEMORANDUM OF UNDERSTANDING SIDE LETTER EXHIBIT "B" DATE: JANUARY 30, 1993 TO: Gene Pennington, President San Rafael Police Mid -Management Association FROM: Daryl G. Chandler Personnel Director SUBJECT: Chapter 10. Rules Governing M.O.U. 10.6 Successor Negotiations ----------------------------------------------------------------- ----------------------------------------------------------------- The current M.O.U. (FY92-93) states in Chapter 10.6 that: "Both parties agree to begin the meet and confer process no later than April 1, 1993, regarding the terms and conditions applicable to a M.O.U. effective July 1, 1993. The process will be initiated by the San Rafael Police Mid -Management Association through the submittal of upcoming contract requests it wishes to be considered%" This side letter shall reflect that by early adoption of a FY93- 94 Memorandum of Understanding that includes a three percent (3%) total compensation increase and a furlough program, the Association is not precluded from submitting non -economic issues for consideration by the City, in accordance with Chapter 10.6 above. Should the City and the Police Mid -Management Association reach any agreements on non -economic issues, the M.O.U. for FY93-94 will be so amended. San Rafael Police Mid - Management Association Harold E. Pennington,JPresident 3 DATE A, C' of San Rafael . 0 VI- Dary4l G. Chandler Personnel Director 6 W6115' 3 DATh POLICE MID -MANAGEMENT SALARY RESOLUTION JULY 11 1993 - JUNE 30, 1994 EXHIBIT "C" FURLOUGH PROGRAM Both the City of San Rafael and the Police Mid -Management Association employees recognize the current economic condition of the State of California and the City of San Rafael. Through this recognition and in a cooperative spirit the City of San Rafael and the City's Police Mid -Managers have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael the procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO). Voluntary Time Off (VTO). The City will develop and distribute to all employees during the month of March (1993) a survey to determine who might be interested in VTO and the extent to which that interest translates into hours (cost savings) during the coming fiscal year. The needs of the City and the respective departments (as determined by the Department Head and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO. 1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year. 2. An employee selecting VTO would receive one half hour of furlough induced Personal Leave time off for every hour of VTO taken not to exceed the number of furlough induced Personal Leave time off an employee scheduled for MTO would receive (establishes a maximum cap of 5%). This furlough induced Personal Leave time is to be taken as described in 4.b.. 3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department. Mandatory Time Off (MTO). MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Head and City Manager). The City POLICE MID -MANAGEMENT SALARY RESOLUTION EXHIBIT "C" FURLOUGH PROGRAM Page 2 will attempt to schedule MTO time in blocks of days (between Xmas and New Years) or individual days next to scheduled holidays and/or weekends. 1. Employees may not take paid vacation time in lieu of designated MTO time. 2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will impact Marin County retirement contributions; but if the Marin County Retirement System changes it policy on this the City will, effective the first of the month following notice from the Marin County Retirement System, make the necessary change in the program's administration to correspond with the change in the policy. Any employee who notifies the City no later than 07/30/93 of their retirement date and retires from the Marin County Retirement System during FY 93-94 shall be exempted from the MTO requirements. If said employee did not retire during FY 93-94 as stated, said employee would be docked in pay an amount equivalent to the number of MTO hours taken by other represented employees. 3. MTO time shall apply toward time in service -for step increases, completion of probation, and related service credit. 4. Other Terms and Conditions: a. The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. For each MTO hour deducted the involved employee shall be credited with an one half hour added to a furlough induced Personal Leave balance. b. Personal Leave accrued through the MTO Program may be taken beginning July 1, 1994, with supervisory approval. Furlough induced Personal Leave has no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced Personal Leave said employee would be eligible to take the unused furlough induced Personal leave during the thirty day layoff notice period. C. The employees represented by this Association may elect to give up pay for holidays worked in lieu of POLICE MID -MANAGEMENT SALARY RESOLUTION EXHIBIT 01C" FURLOUGH PROGRAM Page 3 mandatory time off, holiday pay equates mandatory time off. d. Should the City windfall during the implemented the City Furlough Program. as long as the dollar value of the to the dollar value of the designated of San Rafael experience a financial fiscal year that furloughs are agrees to re -open discussions on this e. The City agrees that it will attempt to distribute the dollar value of any MTO time implemented equally over the remaining number of pay periods in the fiscal year.