HomeMy WebLinkAboutCC Resolution 8779 (Police Mid-Management MOU)RESOLUTION NO. 8779
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING RESOLUTION 8578 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
November 16. 1992 and consisting of 24 pages and Exhibits "A" and
"B", 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 November 16. 1992, 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 Monday , the 16th day of November
1992, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Piayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JX M. LEONCIII, City Clerk
ORIGINAL # a ,g
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION
FISCAL YEAR 92-93
SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION M.O.U.
TABLE OF CONTENTS
CHAPTER
TERMS AND CONDITIONS OF EMPLOYMENT
TITLE
PAGE
CHAPTER
1
GENERAL PROVISIONS
1
16
1.1
Introduction
1
CHAPTER 6
1.2
Recognition
2
Authority
1.3
Descrimination
2
17
1.4
Association Rights
2
6.4
1.5
City Rights
3
CHAPTER
2
COMPENSATION
4
18
2.1
Salary
4
7.2
2.2
Compensation Plan
5
Referral to City Manager
2.3
Salary Step Increase
5
19
2.4
Merit Step Increase
6
2.5
Additional Pay
6
2.6
Probationary Period
7
CHAPTER
3
HEALTH AND WELFARE
a
3.1
Insurance
8
3.2
Retirement Contribution
8
3.3
Dental Insurance
9
3.4
Vacation Leave
9
3.5
Sick Leave
10
3.6
Administrative Leave
12
3.7
Holidays
12
3.8
Other Leaves
13
CHAPTER 4 HOURS OF WORK
4.1 Work Week
4.2 Alternative Work Schedules
15
15
15
CHAPTER 5
TERMS AND CONDITIONS OF EMPLOYMENT
15
5.1
Demotion
15
5.2
Suspension
16
5.3
Termination of Employment
.16
CHAPTER 6
DISCIPLINARY ACTION
16
6.1
Authority
16
6.2
Definition
17
6.3
Causes for Disciplinary Action
17
6.4
Appeals
18
6.5
City Manager and Arbitration
18
CHAPTER 7
GRIEVANCE PROCEDURE
18
7.1
Definition
18
7.2
Initial Discussions
18
7.3
Referral to City Manager
19
7.4
Adjustment Board
19
7.5
City Manager and Arbitration
20
SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION
TABLE OF CONTENTS continued...........
CHAPTER 8 REDUCTION IN FORCE
20
CHAPTER 9
MISCELLANEOUS
21
9.1
Employer -Employee Resolution
21
9.2
Uniform Allowance
21
9.3
Outside Employment
21
9.4
Gratuities/Solicitation of Contributions
21
9.5
Return of City Equipment
22
9.6
Political Activity
22
9.7
Employment of Relatives
22
9.8
Rules and Policies
22
9.9
Classification Study
23
CHAPTER 10.0
RULES GOVERNING M.O.U.
23
10.1
Existing Laws, Regulations and Policies
23
10.2
Strikes and Lockouts
23
10.3
Full Understanding, Modification, Waiver
23
10.4
Prevailing Rights
24
10.5
Severability
24
10.6
Successor Negotiations
24
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 Julv 1, 1992, and ending on
June 30, 1993.
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 Julv 1. 1992 through
June 30, 1993.
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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 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
handicap.
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
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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 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.
3
a
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 7-01-92, the salary ranges as established in
the previous Memorandum of Understanding (M.O.U.) will
continue (Exhibit "A attached). In the event the City or the
4
Association desires to re -open the contract for negotiations
on wages the party desiring the re -opener will so advise the
other party during the week of January 4th through 8th, 1993.
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.
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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.
2.5. ADDITIONAL PAY
2.5.1. Mid Management Allowance
A. Employees shall receive a monthly allowance of $125/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.
Note: the re -opener clause specified in 3.1.A.3. would
apply to 2.5.1.
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
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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. In the event the City or the Association desires to re-
open the contract for negotiations medical benefits, the
party desiring the re -opener will so advise the other
party during the week of January 4th through 8th, 1993.
3.2. RETIREMENT CONTRIBUTION
The City will pay up to a maximum of five percent (5%)
of an employee's base salary or fifty percent (50%) of
the employee's retirement contribution rate, whichever
is less, to the Marin County Retirement System.
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.
Note: the re -opener clause specified in 3.1.A.3. would
apply to 3.2.
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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.
Note: the re -opener clause specified in 3.1.A.3
would apply to 3.3.
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
1 - 5
years
6
years
7
years
8
years
9
years
10
years
11
years
12
years
13
years
14
years
15+years
Leave Accrual rate/vear
15 days
16 days
17 days
18 days
19 days
20 days
21 days
22 days
23 days
24 days
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.
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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.
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
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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 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.
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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
None
1 to 16 hours
17 to 24 hours
3.6. ADMINISTRATIVE LEAVE
Incentive Pav
8 hours of pay
6 hours of pay
4 hours of pay
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 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.
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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.
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
13
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.
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.
14
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 S. 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.
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.
15
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.
16
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.
Fyl
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 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.
18
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 this Memorandum
of Understanding, not any matter or subject under this
Section; and no Adjustment Board or Arbitrator shall have
19
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
employees and former employees havi
permanent status who were lai
classification. The rank order on
determined by relative seniority a
Such list shall take precedence over
lists in making appointments to the
which the employee worked.
20
consist of names of
ng probationary or
d off in that
such lists shall be
s specified above.
all other eligible
classification in
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, 1992 thru June 30, 1993: $275
($550/yr.)
B. All other represented employees:
July 1, 1992 thru June 30, 1993: $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.
Note: the re -opener clause specified in 3.1.A.3.
would apply to 9.2.
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.
21
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. 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.
22
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.
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
23
proposed M.O.U. between the parties to be effective
on or after July 1, 1993.
10.4. PREVAILING RIGHTS
All matters
which have
regulations,
specifically
full force
Agreement.
10.5. SEVERABILITY
within the scope of meeting
previously been adopted
ordinance or resolution,
superseded by this M.O.U.,
and effect throughout the
and conferring
through rules,
which are not
shall remain in
term of this
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, 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 -Managers Association through the submittal of
upcoming contract requests it wishes to be considered.
SAN RAFAEL POLICE MID-
:vAS�SACIATIO
xiv �i=..fid
Name/Title -J
ByL1�4�_ �_
Name/Title
By
Name/Title
DATED: /l q 91/
CITY OF SAN RAFAEL
yr
,4r-1.71 By
24
Name/Title
By
By
DATED:
Name/Title
Name/Title
POLICE MID -MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
EXHIBIT "A"
Effective July 1, 1992, the following salary ranges are hereby
established for the job classifications represented by the San
Rafael Police Mid -Management Association:
WAGE CLASS
6102
6103
JOB CLASSIFICATION
Police Captain
Police Lieutenant
SALARY
MINIMUM
$4938.38
$4395.68
RANGE
MAXIMUM
$5814.74
$5174.47
/\111U1 1 �
SAN R.AFA' , POLICE MID-MANAGEM IT ASSOCIATION
PO BOX 151560 -
San Rafael, CA 94915-1560
April 14, 1992
Daryl G. Chandler
Personnel Officer
City of San Rafael
Re: (1) Negotiations Committee
(2) Proposed Contract Changes 1992 - 1993
Dear Daryl:
I received your letter dated April 13, 1992 today. Thank you for your
prompt response to my conversation with you on Friday, April 10, 1992.
The following individuals will represent our Association during this
negotiation period:
President: Gene Pennington
Vice -President: Mike Cronin
Secretary/Treasurer: Tom Boyd
Negotiations Committee: Gene Pennington, Ken Homen or Mike
Cronin.
With regards to the Classification Study from our present M.O.U., I am
not so sure we agree on the intent and content of our conversation last
Friday (April 10, 1992).
I agree that we are willing to accept the Hughes -Reiss recommendations
to; (1) expand our management positions to include an additional
captain; (2) add a new civilian management position; (3) change our
organizational structure to two divisions with a captain responsible for
each division; and (4) assign the lieutenants to management functions
responsible for specific units within the divisions. Our views on the
report were provided to the City Council at the public meeting two weeks
ago.
SAD kFAEL POLICE MM-MANAGEMENI 3SOCIATION
1
If the City Council accepts and implements those recommendations, that
action will resolve our concerns regarding the work tasks, responsibilities
and functions for the positions of lieutenant and captain. The timing,
funding and priority assigned to -this particular item in the Hughes-Heiss
report is the City Council's decision.
Y.
In summary then, I see no reason for you to do the study at this time.
We are willing to wait for awhile and see what actions the City Council
takes on the Hughes-Heiss recommendations.
With regards to contract negotiations, we would like to discuss the
following topics:
WAGES /HO URS/BENEFITS:
Overtime Pay
Salary Adjustments
Retirement
Shift Differential
Bilingual Pay
Medical/Dental costs
Uniform Allowance
Mid -Management Allowance
Vacation Leave
Association Release Time
This list is not all inclusive and other topics may arise in the next few
months which need to be discussed with the City of San Rafael.
I look forward to a continued positive relationship with the City of San
Rafael and once again you have our pledge to work towards a quick
resolution of the issues we wish to discuss. Thank you.
Sincerely,
3x: /-,
Gene Pennington
President
cc: Members
Vince Courtney, Attorney at Law
92/37.DOC
2