HomeMy WebLinkAboutCC Resolution 8695 (Supervisory Personnel)RESOLUTION NO. 8695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING RESOLUTION NO. 8292 PERTAINING
THE COMPENSATION AND WORKING CONDITIONS FOR
MISCELLANEOUS SUPERVISORY PERSONNEL
WHEREAS, the City of San Rafael and Marin Association of
Public Employees/S.E.I.U., Local 949 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 July 6,
1992, and consisting of 34 pages and Exhibit A 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 Marin Association of
Public Employees shall utilize the Memorandum of Understanding
dated July 6, 1992, as the official document of reference
respecting compensation and working conditions for Miscellaneous
Supervisory 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, July 6, 1992, by the following vote, to wit:
AYES: COUNCILMEMBERS• Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAWE M. LEONCI�City*C'lerk
U'RIG]"Al. wos
MEMORANDUM OF UNDERSTANDING
Supervisory Employee Unit
WHEREAS, authorized representatives of the City of SAN
RAFAEL, a chartered City (hereinafter referred to as "City"), and
authorized representatives of the MARIN ASSOCIATION OF PUBLIC
EMPLOYEES/S.E.I.U., Local 949, the recognized employee organization
for classified Miscellaneous employees belonging to the
Supervisory Unit (hereinafter referred to as "Union"), have met
and conferred concerning wages, hours, and working conditions;
NOW, THEREFORE, IT IS AGREED that, pursuant to the
provisions of the Meyers -Mi 1ias-Brown Act, the matters set forth in
this Memorandum of Understanding between the City and the Union and
shall apply to all employees represented by the Union.
IT IS FURTHER AGREED that this Memorandum of
Understanding is subject to the approval of the San Rafael City
Council.
DATED: Julv 6. 1992 .
MARIN ASSOCIATION OF PUBLIC EMPLOYEES CITY OF SAN RAFAEL
S.E.I.U. Local 949
By BY
STEVE O'KEEFE SUZANNE GOLT
Executive Secretary Assistant City Manager
MAPE/S.E.I.U., Local 949
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
MARIN ASSOCIATION OF PUBLIC EMPLOYEES
SUPERVISORY UNIT
SEIU, LOCAL 949, AFL-CIO
This Memorandum of Understanding is entered into pursuant to the
provisions of Section 3500, et seq of the Government Code of the
State of California.
The parties have met and conferred in good faith regarding wages,
hours and other terms and conditions of employment for the
employees in said representation unit, and have freely exchanged
information, opinions and proposals and have reached agreement on
all matters relating to the employment conditions and employer-
employee relations of such employees.
This Memorandum of Understanding shall be presented to the City
Council of the City of San Rafael as the joint recommendation of
the undersigned parties for salary and employee benefit adjustments
for the period commencing July 1, 1992 and ending June 30, 1993.
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 1.1. INTRODUCTION
1.1.1. Scope of Agreement. The salaries, hours, fringe
benefits and working conditions set forth have been mutually agree
upon by the designated bargaining representatives of the City of
San Rafael (herein -after called "CITY") and the Marin Association
of Public Employees, SEIU Local 949 (herein -after called ("UNION")
and shall apply to all employees of the City working in the
classifications and bargaining unit set forth herein.
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1.1.2. Term. This agreement shall be in effect from July 1,
1992 through June 30, 1993.
ARTICLE 1.2. RECOGNITION
1.2.1. Bargaining Unit. City hereby recognizes Union as
bargaining representative for purpose of establishing salaries,
hours, fringe benefits and working conditions for all
employees within the Miscellaneous Bargaining Unit. (As
referenced in Exhibit "A" attached).
1.2.2. Notice to Employees. Whenever a person is hired in any
of the job classifications set forth herein, City shall notify such
person that the Union is the recognized bargaining representative
for employees in that classification.
1.2.3. Available Copies. Both City and Union 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.
ARTICLE 1.3. DISCRIMINATION
1.3.1. In General. The parties to this contract agree that they
shall not, in any manner, discriminate against any person
whatsoever because of race, color, age, religion, ancestry,
national origin, sex, sexual preference, marital status, medical
condition or handicap.
1.3.2. Union Discrimination. No member, official, or
representative of the Union 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 Union.
ARTICLE 1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Union agree to keep duplicate originals of
this Memorandum on file in a readily accessible location available
for inspection by any employee or member of the public upon
request.
ARTICLE I.S. EXISTING LAWS, REGULATIONS AND POLICIES
This agreement is subject to all applicable laws of the State of
California, ordinances, regulations, and policies of the City of
San Rafael.
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ARTICLE 1.6. STRIKES AND LOCKOUTS
During the term of this Memorandum, the City agrees that it will
not lock out employees, and the Union agrees that it will not agree
to, encourage or approve any strike or slowdown growing out of any
dispute relating to the terms of this Agreement. The Union will
take whatever lawful steps are necessary to prevent any
interruption of work in violation of this Agreement, recognizing
with the City that all matters of controversy within the scope of
this Agreement shall be settled by established procedures set forth
in the City's charter, ordinances, and regulations, as may be
amended from time to time.
ARTICLE 1.7. SEVERABILITY
If any article, paragraph or section of this Memorandum shall be
held to be invalid by operation of law, or by any tribunal of
competent jurisdiction, or if compliance with or any enforcement
of any provision hereof be restrained by such tribunal, the
remainder of this Memorandum shall not be affected thereby, and
the parties shall, if possible, enter into meet -and -confer sessions
for the sole purpose of arriving at a mutually satisfactorily
replacement for such article, paragraph or section.
ARTICLE I.S. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have
previously been adopted through rules, regulation, ordinance or
resolution, which are not specifically superseded by this
Memorandum of Understanding shall remain in full force and effect
throughout the term of this Agreement.
ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1. Understanding. The parties jointly represent to the City
Council that this Memorandum of Understanding set forth the full
and entire understanding of the parties regarding the matters set
forth herein.
1.9.2. Waiver & Modification. Except as specifically otherwise
provided herein, it is agreed and understood that each party hereto
voluntarily and unqualifiedly waives its right, and agrees that the
other shall not be required to meet and confer with respect to any
subject or matter covered herein, nor as to wages or fringe
benefits during the period of the term of this Memorandum.
The foregoing shall not preclude the parties hereto from meeting
and conferring at any time during the term of this Agreement with
respect -to any subject matter within the scope of meeting and
conferring by mutual agreement.
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CHAPTER 2. WAGES
ARTICLE 2.1. General Wages
2.1.1. Effective July 1, 1992 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 Union desires
to reopen the contract for negotiations on wages and medical
benefits, the party desiring the reopener will so advise the other
party during the week of January 4th through 8th, 1993.
ARTICLE 2.2. Step Increase
2.2.1. Entry Level Step. All initial employment shall be at the
first step of the salary range, provided that the City Manager may
make an appointment to a position at an appropriate higher salary
when, in his/her opinion, it is necessary to obtain qualified
personnel, or when it appears that the education or experience of
a proposed employee is substantially superior to the minimum
requirements of the class and justifies a beginning salary in
excess of the first step.
2.2.2. Consideration for Step Increase. An employee may be
considered for a salary step increase in accordance with the time
interval established in the salary plan, as referenced in Exhibit
"A". Which, unless otherwise noted, salary step increases within
established salary ranges are scheduled at yearly intervals.
Advanced to a higher salary step within an established salary range
is granted for continued improvements and efficient and effective
work by the employee in the performance of his/her duties.
2.2.3. Merit Increases. Accelerated merit performance step
increases of five percent (5%) may be granted an employee based
upon the recommendation of the Department Head and approved by the
City Manager. Employees at the maximum step of their salary range
may be granted a merit performance step increase of five percent
(5%) above and beyond their salary range. A merit step increase
may be effective for up to one (1) year. A merit step increase may
be withdrawn and is not a disciplinary action and is not
appealable.
2.2.4. Anniversary Date. Effective 1-1-89, the anniversary date
for employees promoted on or after this date shall remain
unchanged. Based upon job performance, as measured by a
Performance Evaluation, employees may receive consideration for a
step increase within their salary range on their anniversary
date.
2.2.5. Promotions. Employees promoted to higher level positions
shall be placed at the step in the new salary range that will
provide, at a minimum, a five (5%) increase (unless that would
exceed the top step in the salary range).
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2.2.6. Performance Evaluation. Prior to the completion of the
probationary period, a minimum of one performance evaluation
report shall be reviewed with the employee.
Upon completion of the probationary period, a performance report
shall be prepared and reviewed yearly thereafter for each employee
in the Classified Service, as a means of determining whether in -
grade salary increases are merited, and/or as a means of improving
employee performance and communication between supervisors and
subordinates.
ARTICLE 2.3 SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified the incumbent shall be
affected as outlined below:
2.3.1. To a lower classification. When a position is
reallocated to a lower classification. The incumbent is either:
1. Transferred to a vacant position in the former
classification; or
2. If the incumbent's current salary is greater than the top
step of the lower classification, Y -rated at the current
salary until the salary of the lower classification is
at or above the Y -rate.
2.3.2. To a different classification with the same salary range.
When a position is reallocated to a different classification with
the same salary range, the incumbent shall be granted the same
status in the new classification, in which he/she shall be paid at
the same step of the range and shall maintain the same salary
rights.
2.3.3. To a higher classification. When a position is
reclassified to a classification with a higher salary range, the
incumbent is moved into the higher classification with the
position, except in the circumstances prescribed below. Placement
in the salary range shall be in accordance with the appropriate
memorandum of understanding.
If the duties upon which the reclassification are based could have
been assigned to any of a number of employees in that
classification within the division or department, then a
promotional exam is held for the reclassified position. Such an
exam is a departmental only recruitment limited to employees within
that classification. If the incumbent is not successful in this
competitive process, she/he is assigned to the position vacated by
the promotion.
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ARTICLE 2.4. COMPENSATION PLAN.
The Compensation Plan adopted by the City Council shall provide
for salary schedules, rates, ranges, steps and any other special
circumstances or items related to the total compensation paid
employees.
Each position within the classified services shall be allocated to
its appropriate class in the classification plan on the basis of
duties and responsibilities. Each class shall be assigned a salary
range or a rate established in the salary plan. All persons
entering the classified service shall be compensated in accordance
with the salary plan then in effect.
All initial employments shall be at the first step of the salary
range. The City Manager or his/her designee may authorize, upon
the recommendation of the Appointing Authority, a position at an
appropriate higher salary when, in his/her opinion, it is necessary
to obtain (ing) qualified personnel or when it appears that the
education or experience of a proposed employee is substantially
superior to the minimum requirements of the class and justifies a
beginning salary in excess of the first step.
ARTICLE 2.5. PAY PERIOD
City employees are paid twice per month on the 15th and the last
working day of the month. When a holday 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.
ARTICLE 2.6 PROBATIONARY PERIOD
2.6.1. Purpose of Probation. After passing an examination and
accepting appointment, each employee shall serve a period of
probation beginning on the date of appointment. Such period shall
be for the purpose of determining the employee's ability to perform
satisfactorily the duties prescribed for the position.
2.6.2. Length of Probationary Period. The probationary period on
original and promotional appointment shall be for one (1) year .
2.6.3. Rejection During Probation. During the probationary period
an employee may be rejected at any time by the Appointing Authority
without the right of appeal.
2.6.4. Notification of Rejection. On determining that a
probationary employee's work is not satisfactory, the Appointing
Authority shall notify the Personnel Officer in writing of his/her
intention to terminate the employee. After discussion with the
Personnel Officer, the Appointing Authority shall notify employee
in writing of his/her rejection.
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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 shall commence with the day
following the expiration date of the probationary period.
2.6.7. Promotion of Probationary Employee. An employee serving
a probationary period may be promoted to a position in a higher
position classification provided he/she is certified from the
appropriate Eligible List. The employee promoted in this manner
shall serve a new probationary period for the position to which
employee is promoted and the new probationary period and
promotional appointment shall be effective the same date.
2.6.8. Unsuccessful Passage of Promotional Probation. An employee
who does not successfully pass his/her promotional probationary
period shall be reinstated to the position in which the employee
held regular status prior to his/her promotion. 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.
2.6.9. Lateral Transfer Probation. Voluntary transfers to another
job classification, within the same salary range, shall require a
six (6) month probationary period. In the event of unsuccessful
passage of this period refer to 7.8.
ARTICLE 2.7. SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
2.7.1. Out -of -Class Compensation. Employees assigned in writing
by their supervisor to perform work in a higher paid
classification, shall be compensated at a rate 5% greater than the
employee's current base salary or the lower step of the
classification within which the duties fall, whichever is greater
after a cummulative three (3) days of work in that higher paid
classification. The out -of -class increase shall be retroactive to
the first day of the assignment.
2.7.2 Bilingual Pay Differential.
1. Within the Librarian I/II classification, the Library
Director shall establish one position eligible to receive
$50.00 per month Bilingual Pay Differential. This bilingual
pay shall become effective the first payroll period after the
designated employee takes and passes an approved proficiency
examination.
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2. The employee must be certified as sufficiently fluent in
a language deemed to be of work value to the Library as
determined by the Library Director and approved by the City
Manager.
3. Fluency certification may be obtained by either passing,
a department approved proficiency test or submitting a current
(no more than one year old) certificate of satisfactory
proficiency/fluency from a department approved agency or
school. It is agreed that annual recertification of fluency
is required to continue receiving the Bilingual Pay
Differential.
4. Fluency in more than one foreign language does not entitle
an employee to more than one $50.00 per month differential.
CHAPTER 3. BENEFITS
ARTICLE 3.1. HEALTH AND WELFARE
3.1.1. City Contribution. A base level of $240/month will be
established as the City's contribution toward City offered health
insurance premiums for both active and retired employees (employees
retiring on or after 9-15-90).
Active employees will have a Flexible Spending Account equal to
$135/month, that may be used to pay for excessive, over the $240
base level, employee cost(s) to enroll in City offered group
Accident, Life and Disability insurance plans. Selection of
coverage must include the $5,000 basic group life insurance program
and the employee's basic health plan (unless employee can provide
proof of other health insurance coverage).
3.1.2. Pay Back Provision. For active employees, the difference
between the allotted amount (base level and Flexible Spending
Account) and the cost of the City -offered Health, Accident, Life
and Disability insurance plans will be paid back to the employee
up to a maximum payback of $50/month.
3.1.3. Retirees Health Insurance. Any employee who retires after
July 1, 1985 and before 9-15-90, is entitled to a medical- benefit
and the City's contribution to such coverage that will not
exceed the cost of the two party rate of the mean of the two
middle cost medical plans.
Employees retiring on or after 9-15-91 and within 120 days of
leaving City employment shall receive a $240 per month contribution
toward the cost of the health insurance plan they are enrolled in
through the City. There are no pay back provisions for retirees.
3.1.4. 125 Plan. The City will offer a 125 Plan for excess health
insurance premiums as long as such a plan is desired by M.A.P.E.
and possible under the IRS code.
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3.1.5. Pro Rata Benefit Rules. Employees covered by this
Agreement who work less than full time but more than twenty (20)
hours per week on a regular basis shall be eligible to receive
prorated leave benefits and a prorated contribution (from base
amount) by the City for health, life and dental benefits which they
may be eligible for based upon the hours worked.
ARTICLE 3.2. DENTAL INSURANCE
The City will provide a dental insurance program which offers 100%
coverage for diagnostic and preventative care; $25.00 deductible
on corrective care (80/20); and an 80% payment of eligible costs
associated with crown and cast restoration per patient per calendar
year and orthodontic coverage for eligible dependents (50/50).
ARTICLE 3.3. JOINT BENEFIT COMMITTEE
Both parties agree to continue to utilize the Joint Benefits
Committee for ongoing review of benefit programs, cost containment
and cost savings options. The Committee shall be made up of
representatives of the Miscellaneous, Supervisory, Police, Fire and
Management employees.
ARTICLE 3.4. STATE DISABILILTY INSURANCE (S.D.I.)
Employees will have the full premium cost for S.D.I.coverage
automatically deducted from their pay check and no City
contribution will be made toward participation in the plan.
It is incumbent upon the employee to keep the City advised of their
medical status and eligibility for S.D.I. With this notification,
S.D.I. benefits, as determined by the State, shall be integrated
with accrued sick and vacation leave in the following manner:
1. Employees notifies supervisor of disability and
need for time off. At the same time employee files
for S.D.I. through the State Office.
2. Supervisor verifies from leave records the
employee's accrual balances and projects whether or not
employee would, under normal circumstances, be placed
in a leave without pay status during the time off
period.
3. Personnel Action Form (PAF) is completed by the
supervisor to document request and approval of extended
leave.
4. Personnel Office, on receipt of PAF, contacts
employee and supervisor to discuss availability of
coordination of S.D.I. with leave benefits.
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5. Employee's time off is recorded as sick leave and
if necessary then vacation leave on time cards
submitted by the supervisor to the Payroll Office.
6. On receipt of the S.D.I. checks employee endorses
the checks over to the City of San Rafael.
7. Based upon employee's hourly rate of pay the
Payroll Office computes how much used sick and/or
vacation leave time the employee may buy back and
credits the employee with those hours. NOTE: The
employee may not buy back more than accrued at or
during the time of the disability.
8. The Personnel Office, after notification from
Payroll, notifies the employee when they have used all
accrued sick and/or vacation time and when leave
without pay status (LWOP) begins. Once the employee is
on LWOP they would keep any S.D.I. checks received and
would be fully responsible for the monthly health,
dental and life insurance premiums if they chose to
remain in the group plans.
ARTICLE 3.5. RETIREMENT
3.5.1. City Contribution. The City will pay up to a maximum of
five percent (5%) of an employee's salary or fifty percent (50%)
of the employee's retirement contribution rate, whichever is less,
to the Marin County Retirement System.
3.5.2. Contribution with Pre-tax Dollars. The City of San Rafael
acknowledges that under its current practice, the employee's share
of their retirement contribution is deducted with pretax dollars.
This practice will continue until changed through the Meet and
Confer process or until IRS regulations change.
ARTICLE 3.6. SICK LEAVE
3.6.1. Eligibility: Sick leave with pay shall be granted to each
eligible employee. Sick leave may not be used at an employee's
discretion, but shall be allowed only in case of necessity and
actual sickness or disability. The employee is required to notify
employee's immediate supervisor or department head according to
department Rules and Regulations at the beginning of his/her daily
duties. Every employee who is absent from his/her duties for two
(2) consecutive work days shall file with the Personnel Director,
a physician's certificate or the employee's personal affidavit
stating the cause of the illness or disability.
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3.6.2. Accumulation: All eligible full time employees shall earn
sick leave credits at the rate of one (1) working day per month
commencing with the date of employment. Unused sick leave may be
accumulated to an amount not to exceed one hundred sixty-five (165 )
working days. The sick leave accrual rate is prorated for eligible
part time employees. Effective 7-1-90, the cap on sick leave
accrual, 165 days, is eliminated for accrual purposes only. The
cap remains in effect for sick leave separation payoff purposes for
those hired before 10-1-79.
3.6.3. Use of Sick Leave: An employee may use accrued sick leave
during their probationary period. An employee eligible for sick
leave with pay shall be granted such leave for the following
reasons:
(1) Personal illness 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.
3.6.4. Advance of Sick Leave: Whenever circumstances require, and
with the approval of the City Manager, sick leave may be taken in
advance of accrual up to a maximum determined by the City Manger,
provided that any employee separated from the service who has 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.
3.6.5. Compensation For Unused Portion. Upon termination of
employment by resignation, retirement or death, a regular employee
who leaves the City service in good standing and who was employed
in the Miscellaneous unit before October 1, 1979, shall receive
compensation for all accumulated unused sick leave based upon the
rate of three percent (3%) for each year of service, to a maximum
of fifty percent (50%).
3.6.6. Sick Leave Incentive.
1. Sick Leave Incentive Program: (Applicable to
those employees hired after October 1, 1979):
Absence Rate(7/1-6/30) Incentive Pav
NONE 8 hours of pay
1-16 hours 6 hours of pay
17-24 hours 4 hours of pay
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ARTICLE 3.7. VACATION LEAVE
3.7.1. Eligibility. Annual vacation with pay shall be granted
each eligible employee. Vacation leave accrued shall be prorated
for those employees working less than full time. Employees will
be permitted to use accrued vacation leave after six (6) months of
employment subject to the approval of the department head.
3.7.2. Rate of Accrual. Vacation benefits shall accrue during the
probationary period. Each regular full time employee shall
commence to accrue vacation at the following rate for continuous
service:
The first three (3) years of
earn ten (10) working days
entitlement shall accrue at
month.
continuous employment shall
of vacation per year. Such
the rate of 6.25 hours per
From the beginning of the fourth (4th) year of service
through the end of the tenth (10th) year of service,
fifteen (15) working days of vacation per year. Such
entitlement shall accrue at the rate of 9.375 hours per
month.
From the beginning of the eleventh (11th) year of service
through the fifteenth (15th) year, twenty (20) working
day of vacation per year. Such entitlement shall accrue
at the rate of 12.5 hours per month.
From the beginning of the sixteenth (16th) year of
service and beyond, twenty-five (25) working days of
vacation per year. Such entitlement shall accrue at the
rate of 15.625 hours per month.
3.7.3. Administration of Vacation Leave. The City Manager, upon
the recommendation of the department head, may advance vacation
credits to any eligible employee. 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 a department, the City Manager
may extend said accrued vacation leave at City Manager's
discretion.
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The time at which an employee may use his/her accrued vacation
leave and the amount to be taken at any one time, shall be
determined by employee's department head with particular regard for
the needs of the City but also, insofar as possible, considering
the wishes of the employee. In the event that one or more City
holidays 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.
3.7.4. 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 twelve
(12) month period.
ARTICLE 3.8. HOLIDAYS
3.8.1. Paid Holidays. All employees who are required to work on
a day designated as an authorized holiday, other than a day
on which an election is held throughout the state, shall be paid
at the applicable rate of pay for the number of hours actually
worked.
When a holiday falls on Saturday or Sunday, the Friday preceding
a Saturday holiday or the Monday following a Sunday holiday shall
be deemed to be a holiday in lieu of the day observed.
The following holidays will be observed:
January 1st: New Year's Day
The third Monday in January: Martin Luther King Day
The third Monday in February: Washington's Birthday
The last Monday in May: Memorial Day
July 4th: Independence Day
The first Monday in September: Labor Day
November 11: Veteran's Day
The fourth Thursday of November: Thanksgiving day
The fourth Friday of November: Day after Thanksgiving
December 25th: Christmas Day
A holiday will also be granted on every other day
appointed by the Governor for a holiday or day of
mourning. In addition to designated holidays, employees
in this Unit receive two (2) floating holidays.
Floating holidays not used are added to employee's
vacation balance.
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ARTICLE 3.9. OTHER LEAVES
3.9.1. Bereavement Leave. In the event of the death of an
employee's spouse, child, parent, brother, sister, in-laws,
relative who lives or has lived in the home of the employee to such
an extent that the relative was considered a member of the
immediate family and/or another individual who has a legal familial
relationship to the employee and resided in the employee's
household, up to three (3) days within the State and up to five
(5) days out-of-state may be granted for bereavement leave.
In those cases where the death involves an individual
who had such a relationship with the employee, as defined above,
the employee shall sign a simple affidavit describing the
relationship and submit this to the department head as part of the
request for bereavement leave.
3.9.2. Military Leave. Military leave shall be granted in
accordance with the State of California Military and Veteran's
Code as amended .from time to time. All employees entitled to
military leave shall give the appointing authority an the
department head an opportunity, within the limits of military
regulations, to determine when such leave shall be taken.
3.9.3. Leave of Absence Without Pay. Leave of absence without
pay may be granted by the City Manager upon the written request of
the employee. Accrued vacation leave must be exhausted prior to
the granting of leave without pay.
3.9.4. Industrial Injury Leave. For benefits under Workers
Compensation, an employee should report any on the job injury to
his/her supervisor as soon as possible, preferably within twenty-
four (24) hours. The City Manager's office coordinates benefits
for Worker's Compensation claims. For further information, see the
Industrial Accidents and Injuries section of the City's Injury and
Illness Prevention Program.
All regular, full time employees of the City who have suffered any
disability arising out of and in the course of their employment as
defined by the Worker's Compensation Insurance and Safety Act of
the State of California, and who are receiving or shall receive
compensation from the insurance carrier for such disability, and
during the first seven (7) days after such disability when
compensation is not paid by the insurance carrier, shall be
entitled to remain absent from duty with pay until such time as
they are able to return to duty or some other final disposition is
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made of their case; provided, however, compensation leave
payments shall not exceed the following limitations:
Compensation leave payments shall not exceed the
employee's regular full pay for the first three
(3) calendar months and three-fourths (3/4) of the
regular full pay for the following six (6)
calendar months. Worker's compensation checks
due the employee will be made payable to the City
of San Rafael and the employee. After said check
is properly endorsed, it shall be deposited with
the City Treasurer.
All other employees shall be entitled to such
compensation as may be allowed them by the
Worker's Compensation Insurance and Safety Act of
the State of California.
3.9.5. Jury Duty. Employees required to report to jury duty shall
be granted a leave of absence with pay from their assigned duties
until released by the court, provided that the employee provides
advance notice to the Appointing Authority and remits to the City
all per diem service fees except mileage or subsistence allowance
within thirty days from the termination of such duty.
3.9.6. Safety Holiday. A Safety Holiday Incentive Program is
established for maintenance employees. Employees will be placed
in one of three units. The units are: (1) Parks; (2) Streets; and
(3) Sewers, Garage, Building Maintenance, and Recreation
Custodians. For part-time employees in these units who are
eligible for benefits, the holiday will be pro -rated. If all
employees of a designated unit complete six (6) months without a
work-related injury or illness resulting in one full day of lost
time, a Safety Holiday will be granted to all employees of that
unit with prior Supervisory approval.
3.9.7. 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 appointing authority. 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 appproval of the City Manager. If further leave is
not granted, the employee's service with the City shall be
considered terminated.
3.9.8. Personal Leave. Up to two (2) days of Personal Leave per
fiscal year shall be granted to Supervisory Unit employees, with
prior supervisory approval. Employees must submit leave requests
two (2) weeks in advance. Unused Personal Leave does not carry
over and cannot be cashed out.
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CHAPTER 4 TERMS AND CONDITIONS
ARTICLE 4.1. WORK WEER
The work week shall consist of forty (40) hours and the work day
shall consist of eight (8) hours, provided, however, that the
classifications in Exhibit "A" Sections 1.1, 1.2, 1.4 shall have
a work week of thirty-seven and one-half (37-1/2) hours and a work
day of seven and one-half (7-1/2) hours.
Effective July 7, 1992 Article 4.1. WORK WEEK will reflect a
thirty-seven and one-half (37 1/2) hour work week and a work day
of seven and one-half (7 1/2) hours for all represented job classes
in this Agreement and all accruals and usages in the contract will
reflect a seven and one-half (7 1/2) hour work day effective the
first day of the following pay period.
ARTICLE 4.2. OVERTIME
Shall mean actual time worked beyond forty (40) hours
per week. A work or duty week shall be defined as seven (7)
consecutive calendar days. overtime is compensable to the nearest
half hour, and must have prior authorization and approval of the
Department Head.
ARTICLE 4.3. COMPENSATORY TIME POLICY
With the department head's approval, compensatory time, in lieu
of overtime pay, may be taken subject to the following rules:
4.3.1. Accrual. Upon accrual of time, five (5) days or forty (40)
hours of compensatory time, employees shall be paid overtime at a
rate of time and one-half of their base salary rate for hours
worked and may not accrue additional compensatory time.
4.3.2. Overtime Rate. Employees who work overtime may be paid for
it at the rate of time and one-half or may accrue compensatory time
at a rate of time and one-half subject to the limitations in 4.3.1.
Employees who elect compensatory time must take the time off,
preferably within the quarter during which it was earned, and shall
not be paid for it.
4.3.3. Use & Carryover. All compensatory time earned during the
fiscal year must be used by June 30th of that year with one
exception. Upon the recommendation of the supervisor and
approval of the department head, employees may carry over up to
forty (40) hours of compensatory time provided it is taken within
the following quarter (7-1 to 9-30).
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4.3.4. Duty -Free Lunch. Supervisory personnel who cannot take a
duty-free lunch, based upon direction from either the department
head or division head, will be credited straight compensatory time.
Time off shall be subject to the existing policies on compensatory
time.
ARTICLE 4.4. CALL-BACK DUTY
When a supervisory employee who is not assigned to standby is
called back to duty, said employee will receive compensation for
a minimum of four (4) hours.
ARTICLE 4.5. TRANSFERS / REASSIGNMENTS
4.5.1. Types of Transfers. Transfers may be within the same
department (intra -departmental) or between departments (inter-
departmental). The requirements for each are as follows:
a. Intra -departmental transfers. The Appointing Authority
shall have the authority to transfer an employee from a
position in one division of a department to a position in the
same or similar classification with the same salary range, in
the same division or to another division of the same
department. (at any time and for any duration).
b. Inter -departmental transfers. An employee may transfer
from a position in one (1) department to a position in the
same or similar classification in another department, provided
the consent of the two Appointing Authorities and the City
Manager is obtained.
C. Voluntary Transfers. An employee may make a written
request for transfer to the Personnel Officer to a position
in the same or similar classification with the same salary
range. Such a transfer may be made on the recommendation of
the affected Department Head(s) and the approval of the City
Manager.
4.5.2. Minimum Qualifications. Any persons transferred to a
different position shall possess the minimum qualifications for the
position.
4.5.3. Transfer Procedures. The City Manager may authorize
the transfer of an employee from one position to another of the
same or comparable class of work and where the same general type
of examination is given for entrance to such a position.
Transfers from one department to another department having a
different jurisdiction or different function shall be done only
with the consent of the Department Heads, involved, unless such a
transfer is ordered by the City Manager for purpose of economy or
efficiency.
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Any person transferred to a different position shall possess the
minimum qualifications for the position.
Employees who have completed their initial probation may seek
voluntary transfers to positions within the same job class, and/or
lower level job classes as long as the employee meets the minimum
qualifications for the position. Employees seeking transfer should
submit a completed application to the Personnel Office. As
vacancies occur, transfer candidates may receive consideration
along with those on the eligibility list.
ARTICLE 4.6. EDUCATION REIMBURSEMENT PROGRAM
The Educational Reimbursement Program is $225 per fiscal year.
This reimbursement is available to employees who have
satisfactorily (grade of C or better, Pass or Complete) completed
a course or courses that are predetermined to be job-related and/or
that will assist the employee to prepare for career advancement in
his/her field. To be eligible, employees must have completed
probation at the time of the reimbursement which is made at the end
of the semester.
The Educational Reimbursement Program will accommodate
reimbursement of up to $100 per fiscal year for professional
membership dues for work-related organizations for employees in the
"Administrative", "Professional", or "Library" sections of the
Supervisory Bargaining Unit. Prior supervisory approval is
necessary to be eligible for reimbursement. The total reimbursable
amount remains at $225 per fiscal year.
ARTICLE 4.7. UNIFORM ALLOWANCE
4.7.1. Sewer and Garage Employees Uniform Maintenance Program.
Uniform shirts, pants and coveralls will be provided and laundered
for the maintenance employees of the Sewer and Garage work units.
4.7.2. Uniform Allowance. Maintenance employees in Parks,
Streets, and Building Maintenance who must wear uniforms shall
receive a uniform allowance in the amount off $157.50 at the
completion of each six (6) months of service ending June 30th and
December 31st. A proration at the rate of $26.25/month may be
given with the recommendation of the department head and the
approval of the City Manager. The uniform allowance includes foul
weather gear. Uniforms and gear must be in accordance with the
departmental dress code and safety requirements.
A safety shoe allowance is $85.00/year will be provided to all
Corporation Yard employees.
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The allowance for boots and raingear for Sewers and Garage
maintenance employees (who are not covered by paragraph # 1 of
4.7.2.shall be $130.00/year. Payment shall be made on December
31st.
4.7.3. Uniform Jacket Cleaning Allowance. The Sewer Maintenance
Supervisor will receive a uniform jacket cleaning allowance of
$60.00 at the completion of each six (6) months of service ending
June 30 and December 31. A proration of $10.00 per month may be
given with the recommendation of the department head and the
approval of the City Manager.
ARTICLE 4.8. SAFETY
The City of San Rafael is committed to providing a safe and healthy
place to work. The City shall furnish safety devices and
safeguards, and shall adopt and use methods and processes adequate
to ensure that the work place is safe and healthy. Employees are
expected to obey safety rules and make proper use of safety gear
•and equipment. The City's safety policies and procedures shall
comply with all applicable state laws related to a safe work
environment.
4.8.1. Hazardous Materials. Maintenance employees in the MAPE
unit will be provided with the necessary training associated with
what is termed first responder awareness level. First responders
at this level (awareness only) are those who are likely to witness
or discover a hazardous substance release and who have been trained
to initiate an emergency response operations level. "Awareness"
individuals take no action beyond notifying the designated
authorities of the release. The Deputy Fire Marshal is the
Hazardous Material Coordinator in San Rafael.
It is understood and agreed by both parties that maintenance
employees in this MAPE unit do no have any responsibility to clean
up, mitigate or otherwise dispose of hazardous materials. The Fire
Department personnel and/or contract personnel have the direct
responsibility of dealing with hazardous materials.
Maintenance employees of this MAPE unit do have direct
responsibility to handle (clean up, mitigate, transport, dispose
of, etc.) petroleum products such as diesel fuel gasoline, drain
oil, and the like.
ARTICLE 4.9. MISCELLANEOUS
4.9.1 Confidential Nature of Personnel Records. All
personnel records and files and examination materials are
confidential. The Personnel Officer shall take all necessary steps
to protect the confidentiality of those materials. Disclosure of
such records shall be governed by the Public Records Act,
19
Government Code Sections 6250, et.seq. Individual employees may
review their official personnel file maintained by the Personnel
Office and/or respective appointing authority. With the written
consent of the employee, the authorized representative of the
recognized employee organization may also review that personnel
file.
4.9.2 Confidential Nature of Medical Records. All
medical records and files are the property of the City of San
Rafael. These confidential records and files are to be maintained
in a file separate from the employee's personnel file in the
Personnel Office. Disclosure of such records shall be governed by
the Public Records Act, Government Code, Section 6250, et.seq.
4.9.3. Outside Employment. Shall be governed by the City's
Personnel Rules and Regulations.
4.9.4. Gratuities/ Solicitation of Contributions. Shall be governed
by the City's Personnel Rules and Regulations.
4.9.5. Return of City Equipment. Upon termination of
employment, all tools, equipment, and other City property
assigned to an employee shall be returned.
4.9.6. Political Activity. The political activity of
City employees shall comply with pertinent provisions of
State and Federal Law.
4.9.7. Employment of Relatives. Shall be governed by
the City's Personnel Rules and Regulations.
4.9.8. Use of City Vehicles. Public Works Supervisors, at the
direction of the department head, will be allowed to take a City
vehicle home in emergency conditions.
CHAPTER 5
ARTICLE 5.1. DEMOTION AND SUSPENSION
5.1.1. Demotion. The Appointing Authority may demote an
employee when the following occurs:
(A) The employee('s ability) FAILS to perform his/her
required duties. (shall fall below acceptable
standards);
(B) An employee requests such a demotion.
No employee shall be demoted to a classification for which
he/she does not possess the minimum qualifications.
20
When the action is initiated by the Appointing Authority,
written notice of demotion shall be provided to an employee
at least ten (10) working days before the effective date of
the demotion, and a copy filed with the 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.
Disciplinairy demotion action shall be in accordance with
Article 5.3, "Disciplinary Action."
5.1.2.Suspension. The Appointing Authority may suspend an
employee from a position at any time for a disciplinary
purpose. Intended suspension action shall be reported
immediatly to the Personnel Officer, and shall be taken in
accordance with Article 5.3, "Disciplinary Action".
ARTICLE 5.2. TERMINATION OF EMPLOYMENT
5.2.1. Resignation. An employee wishing to leave the City
service in good standing shall file with his/her immediate
supervisor, at least fourteen (14) days before leaving the
service, a written resignation stating the effective date
and reason for leaving. A copy of the resignation shall be
forwarded to the Appointing Authority and Personnel Office.
5.2.2. Termination - Layoff. The Appointing Authority may
terminate an employee because of changes in duties or
organization, abolishment of position, shortage of work or funds,
or completion of work for which employment was made.
5.2.3. Termination - Disciplinary Action An employee may be
terminated at any time for disciplinary action, as provided
in Article 5.3, "Disciplinary Action."
5.2.4.Retirement. Retirement from the City services shall,
except as otherwise provided, be subject to the terms and
conditions of the City's contract as amended from time to
time, with the Marin County Retirement System.
5.2.5. Rejection During Probation. An employee may be terminated
from their position during the probationary period of their initial
appointment to the City's classified service without Right of
Appeal.
21
ARTICLE 5.3. DISCIPLINARY ACTION
5.3.1. Right to Discipline and Discharge. Upon completion of the
designated probationary period an employee shall be designated as
a non -probationary employee and the City shall have the right to
discharge or discipline any such employee for dishonesty,
insubordination, drunkenness, incompetence, negligence, failure to
perform work as required or to observe the Department's safety
rules and regulations or for engaging during the term of this
Memorandum of Understanding, in strikes, individual or group
slowdowns or work stoppages, or for violating or ordering the
violation of the Memorandum of Understanding. The City shall use
progressive disciplinary steps (i.e., reprimand, suspension,
demotion, discharge) unless the violation is such as to justify
termination. Disciplinary action shall mean discharge/dismissal,
demotion, reduction in salary, and suspension resulting in loss of
pay.
In addition, the City may discipline or discharge an employee for
the following: Fraud in securing appointment; negligence of duty;
violation of safety, rules; unacceptable attendance record including
tardiness, overstaying lunch or break periods; possession,
distribution or under the influence of alcoholic beverages, non-
prescription or unauthorized narcotics or dangerous drugs during
working hours; inability, unwillingness, refusal or failure to
perform work as assigned, required or directed; unauthorized
soliciting on City property or time; conviction of a felony or
conviction of a misdemeanor involving moral turpitude; unacceptable
behavior toward (mistreatment of discourteousness to) the general
public or fellow employees or officers of the City; falsifying
employment application materials, time reports, records, or payroll
documents or other City records; misuse of City property; violation
of any of the provisions of these working rules and regulations or
departmental rules and regulations; disorderly conduct,
participation in fights, horseplay or brawls; dishonesty or theft;
establishment of a pattern of violations of any City policy or'
rules and regulations over an extended period of time in which a
specific incident in and of itself would not warrant disciplinary
action, however, the cumulative effect would warrant such action;
failure to perform to an acceptable level of work quality and
quantity; insubordination; other acts inimicable to the public
service; inability or refusal to provide medical statement on cause
of illness or disability.
5.3.2. Preliminary Notice. A non -probationary employee shall
receive a preliminary written notice from the employee's Department
Head of any proposed disciplinary action that involves the loss of
pay. The notice must contain a specific statement of charges or
grounds upon which the proposed disciplinary action is based and
the date the disciplinary action will be effective.
22
Any known written materials, reports or documents upon which the
disciplinary action is based must be attached to the notice.
Upon the receipt of the notice, the employee shall have five (5)
days to appeal the matter in writing to Step 3 of the Grievance
Procedure. If a written appeal is filed, no disciplinary action
shall be imposed until the City Manager has conducted a hearing
with the employee and employee's representative present and having
heard the response of the employee. If no written appeal is filed
within five (5) days, the employee shall be deemed to have waived
his right to proceed to Step 4 of the Grievance Procedure.
5.3.3. Disciplinary Action and Appeal. After hearing the response
of the employee the City Manager may order that the proposed
disciplinary action or modification thereof be imposed.
Thereafter, the employee shall notify the City within ten (10) days
that the matter is appealed to Step 4 (Arbitration) of the
Grievance Procedure. The matter shall then proceed in accordance
with the Grievance Procedure.
5.3.4. Sexual/Racial Harassment. Sexual/Racial harassment of one
employee by another is cause for disciplinary action including the
possibility of immediate discharge.
Sexual harassment is defined
unwelcome sexual advances, req
verbal, or physical conduct of
has the purpose or effect c
concerning an individual, or
individual's work performance,
hostile working environment.
as including but not limited to
pests for sexual favors, and other
a sexual nature, when such conduct
affecting employment decisions
unreasonably interfering with an
or creating an intimidating and
Racial harassment is defined as including but not limited to
verbal, or physical conduct of a racial nature, when such conduct
has the purpose or effect of affecting employment decisions
concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and
hostile working environment.
ARTICLE 5.4. GRIEVANCE PROCEDURE.
5.4.1. Definitions.
(1) Grievance is a dispute which involves the interpretation
or application of any provision of this Memorandum of
Understanding. All ordinances, resolutions, rules and
regulations, which are not specifically covered by the
provisions of this Memorandum shall not be subject to the
Grievance Procedure.
23
(2) Day shall mean any that the City Office is open for
business, excluding Saturdays, Sundays and the holidays
recognized by the City.
(3) Grievant may be an individual employee or a group of
employees or the Union.on the behalf of a group of
employees or the Union on its own behalf on matters
involving the City and Union relationship.
(4) Time limits begin with the day following the event
causing the grievance or the day following receipt of a
grievance decision.
5.4.2. Procedure.
Step 1. Within seven (7) days of when the grievant knew or
should have known of the act or omission causing the
grievance the grievant shall present either in
writing or verbally a clear and concise statement
of the grievance to the immediate supervisor.
Within five (5) days thereafter the immediate
supervisor shall investigate and respond to the
allegations of the grievant.
Step 2. If the grievant is not satisfied with the resolution
at Step 1 the grievant must reduce the grievance to
writing and present it to the Department Head within
five ( 5 ) days.
The written grievance shall contain a statement of
facts about the nature of the grievance, and shall
identify the specific provisions of this Memorandum
of Understanding alleged to be violated, applicable
times, places and names of those involved, the
remedy or relief requested, and shall be signed by
the grievant.
The Department Head shall confer with the grievant
and within ten (10) days respond to the allegations
in writing.
Step 3. If the grievant is not satisfied with the resolution
at Step 2, the grievant shall within five (5) days
appeal the matter to the City Manager.
The City Manager shall investigate the matter,
conduct a hearing if the City Manager deems it
appropriate and within ten (10) days, thereafter,
respond to the allegations in writing.
24
Step 4. If the grievance remains unresolved after Step 3,
the Union may, by written notice to the City
Personnel Office within ten (10) days after the
receipt of the response in Step 3, notify the City
that the Union wishes to appeal the grievance to
final and binding arbitration. The parties shall
attempt to agree upon an arbitrator. If no
agreement is reached, they shall request a list from
the State Conciliation service of nine (9) names.
Each party shall then alternately strike a name
until only one (1) name remains, said person to be
the arbitrator. The order of striking shall be
determined by the flip of a coin.
5.4.3. Arbitration. The arbitrator shall be empowered to conduct
a hearing and to hear and receive evidence presented by the
parties. The hearing shall be informal and need not be conducted
according to technical rules of evidence. Repetitious evidence may
be excluded and oral evidence shall be taken only under oath. The
arbitrator shall determine what evidence is relevant and pertinent,
as well as any procedural matters, and he may call, recall and
examine witnesses as he deems proper.
The burden of proof shall be upon the Union in grievance matters
and upon the City in disciplinary/discharge matters.
After the conclusion of any hearing and the submission of any post
hearing evidence or briefs agreed upon by the parties, the
arbitrator shall render a written decision which shall be final and
binding upon the City, the Union and any employee(s) involved in
the grievance or disciplinary matter.
The arbitrator shall not be empowered to add to, subtract from, or
in any way modify or alter any provision of this Memorandum of
Understanding. The arbitrator shall only determine whether a
grievance exists in the manner alleged by the grievant, and what
the proper remedy, if any, shall be, or in the case of
disciplinary/discharge matter whether the City allegations are
accurate and the appropriateness of the disciplinary penalty.
The fees and expenses of the arbitrator shall be shared equally by
the Union and the City. All other expenses shall be borne by the
party incurring them. The cost of the services of court reporter
shall be borne by the requesting party unless there is a mutual
agreement to share the cost or unless the arbitrator so requests.
Then the costs will be shared equally.
25
5.4.4. General Provisions.
(1) Employees who participate in the Grievance Procedure, by
filing a grievance or acting as a witness on the behalf
of either party shall be free from discrimination by
either the Union or the City.
(2) A grievant has the right to be represented at each stage
of the procedure, to cross examine witnesses, and have
access to all information regarding the basis of the
grievance upon which the City relies in making its
determinations.
(3) If the City management fails to respond with the
specified time limits, the grievance shall, at the
request of the Union, automatically be moved to the next
step of the procedure. If the Union or a grievant fails
to process or appeal a grievance within the specified
time limits, the matter shall be deemed settled. The
parties may by mutual agreement waive the steps in the
procedure.
(4) If a hearing is held during work hours of employee
witnesses, such employees shall be released from duties
without loss of pay or benefits to appear at the hearing.
Witnesses requested by the parties shall be compelled to
attend said hearings.
(5) The Personnel office shall act as the central repository
for all grievances.
(6) Time limits contained herein may be extended by mutual
agreement of the parties. Absence for bona fide reasons
by a grievant, the Union Executive Secretary or any
management official involved in responding to the
grievance shall automatically extend the time limits by
the same number of days of absence.
ARTICLE 5.5. POSITION RECLASSIFICATION PROCEDURE
The process by which an individual position may be audited to
review the appropriateness of its classification is:
5.5.1. Purpose. This administrative procedure shall establish
consistent guidelines for the creation and/or review of a
position's job classification.
5.5.2. Policy. The City of San Rafael seeks to maintain a
classification system and process whereby all positions are
accurately classified on the basis of current and ongoing job
responsibilities officially assigned to said position(s).
26
5.5.3. Creation. The Appointing Authority or their designee may
during the budget process request the creation of a new job
classification by:
1. Completion of prescribed personnel form(s) and a position
description questionnaire form.
2. Completed forms shall be submitted to the City of San
Rafael's Personnel Office.
3. Personnel Office staff shall within 60 calendar days of
receipt of the forms complete a formal audit of the
proposed job class and prepare a written report.
4. The written report shall be submitted to the City Manager
and the City Council for final approval.
5. Creation of a new job classification shall be effective
with the start of the new fiscal year.
5.5.4. Reclassification. The Appointing Authority or their
designee or an incumbent of a position may request, in writing, a
classification review. This classification review may be requested
if the position has not been reviewed within the previous twelve
(12) months and either permanent and substantial changes have been
made in the duties and responsibilities assigned to the position
or there is evidence that the majority (50% or more) of the work
being performed is not appropriate for the position's current
classification.
1. All requests for reclassification must be submitted to the
Personnel Office on prescribed personnel form(s) by the
Appointing Authority. Reclassification requests must be
accompanied by a current job description approved by the
position's immediate supervisor and Appointing Authority.
2. Employee initiated reclassification requests must first be
directed to the employee's Appointing Authority. The
Appointing Authority shall forward the employee's request
to the Personnel Officer within ten (10) days of receipt.
3. The Personnel Officer shall ensure the review (audit) of
the employee's position is completed within sixty (60)
calendar days of receipt of the request in the Personnel
Office.
4. Based upon the analysis and evaluation of a position, the
Personnel Office reviewer may recommend that the position
be sustained in its current class or be reclassified (up
or down) to the proper classification based upon the
assigned work. The City Manager or their designee shall
review all reclassification recommendations made by the
Personnel Office.
27
5. Within ten (10) days of receipt of the written audit
decision the affected employee(s) may, in writing, submit
a request for review of this decision to the City Manager.
This request for review must show substantial error and/or
omission on the part of the auditor. The City Manager may
render a decision on the appeal on the basis on the written
material or may interview the involved parties to discuss
the specific error or omission prior to rendering a
decision.
6. The City Manager shall have final decision making authority
on all reclassifications.
7. Reclassifications shall be effective the first of the month
following final approval of the action. Any changes of pay
as a result of the reallocation shall be in accordance with
the City's Personnel Rules and Regulations in effect at the
time.
CHAPTER 6. UNION RIGHTS
ARTICLE 6.1. EMPLOYEE REPRESENTATIVES
6.1.1. Designation. The Union shall by written notice to the City
Manager, designate certain of its members as Employee
Representatives. Employee Representatives shall be permitted
reasonable time for Union activities including grievance
representation. In all cases, the Representative shall secure
permission from the Representative's supervisor before leaving a
work assignment. Such permission shall not be unreasonably
withheld.
Employee Representatives for salary discussions shall be in
accordance with Meyers-Milias-Brown (MMB) Act.
6.1.2. Bulletin Boards. Authorized representatives of the Union
shall be allowed to post Union notices on specified bulletin boards
maintained on City premises.
ARTICLE 6.2. DUES DEDUCTION
6.2.1. Dues Collection. City agrees, upon written consent of the
employee involved, to deduct dues, as established by the Union,
from the salaries of its members. The sums so withheld shall be
remitted by City, without delay, along with a list of employees who
have had said dues deducted.
6.2.2. Dues Collection During Separation from Employment. The
provisions specified above (6.21) shall not apply during periods
of separation from the representation Unit by any such employee,
28
but shall reapply to such employee commencing with the next full
pay period following the return of the employee to the
representation Unit. The term separation includes transfer out of
the Unit, layoff, and leave without pay absenses with a duration
of more than five (5) working days.
ARTICLE 6.3. MAINTENANCE OF MEMBERSHIP
Employees in the bargaining unit who are members of the Union on
the date this Memorandum of Understanding is executed shall remain
members during the period covered by this Agreement, except that
such employees may withdraw during a period not less than sixty
(60) days or more than ninety (90) days prior to the expiration of
this Agreement, pursuant to 6.32 Revocation.
6.3.1. Security Clause. An employee in any of the classes
represented by the Union, hired on or after December 5, 1983, shall
become a member, in good standing in the Union, except that said
employee may, within the first thirty (30) days of employment,
apply in writing to the City, with a copy to the Union, for
exemption, and such employee shall be so exempted.
6.3.2. Revocation. An employee currently a member or who becomes
a member who desires to revoke his/her authorization for Union
membership shall notify the Personnel Officer by mail of such
revocation during a period not less than sixty (60) nor more than
ninety (90) days prior to the expiration of this Agreement.
It is understood that if an employee does not revoke his/her
authorization for Union membership during the period specified
above, dues shall continue to be deducted from the employee's
earning for the remaining term of this Agreement, without further
right to revocation.
6.3.3. Agency Shop Election. Between July 1, 1992 and July 31,
1992 an election will be conducted among the employees covered by
this Memorandum of Understanding to decide whether to accept the
following issue:
The parties herto recognize that membership in the Association is
not compulsory, that employees have the right to join, not join,
maintain, or drop their membership in the Association and that
neither party shall exert any pressure on or discriminate against
an employee regarding such matters. The Association agrees it is
obligated to represent all of the employees in the Unit fairly and
equally, without regard to whether or not an employee is a member
of the Association.
W
Therefore, effective August 1, 1992, any employee of the City as
of August 1, 1992, who is a member of the Association on August 1,
1992, or who subsequently joins, and all employees in the Unit
hired on or after that date shall, as a condition of continued
employment, either be required to belong to the Association or to
pay to the Association an amount equal to 98% of that which would
be paid by an employee who decides to become a member of the
Association at the time of employment.
The employea's earnings must be regularly sufficient after other
legal and reff,;�ired deductions are made to cover the amount of the
dues or servi"a fees checkoff authorized. When an employee is in
a non -pay status for an entire pay period, no withholding will be
made to cover the pay period from future earnings. In the case of
an employee who is in a non -pay status during only part of the pay
period, and the salary is not sufficient to cover the full
withholding, no deduction shall be made. In this connection, all
other legal and required deductions have priority over Association
dues.
The Association shall notify the City in writing as to the amount
of such dues uniformly required of all members of the Association.
Monies withheld by the City shall be transmitted to the Treasurer
of the Association at the address specified. The Association shall
indemnify, defen, and hold the City harmless against any claims
made, and against any suit instituted against the City on account
of checkoff of employee organization dues or service fees. In
addition, the Association shall refund to the City any amount paid
to it in error upon presentation of supporting evidence.
ARTICLE 7. M:-NAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and
excusively, all rights of management which have not been expressly
abridged by specific provision of this Memorandum of Understanding
or by law to manage the City, as such rights existed prior to the
execution of this Memorandum of Understanding. The sole and
exclusive rights of management, as they are not abridged by this
Agreement or by law, shall include, but not be limited to, the
following rights: To manage the City generally and to determine
the issues of policy; To determine the existence of facts which are
the basis of the management decision; To determine the necessity
of any organization or any service or activity conducted by the
City and expand or diminish services; To determine the nature,
manner, means, technology and extent of services to be provided to
the public; Methods of financing; Types of equipment or technology
to be used; To determine and/or change the facilities, methods,
technology, means and size of the work force by which the City
30
operations are to be conducted; 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 (after effect bargaining) to contract
for or subcontract any work or operation of the City; To assign
work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules
and assignments; To relieve employees from duties for lack of work
or other legitimate reasons; To discharge, suspend, demote or
otherwise discipline employees for proper cause in accordance with
the provisions and procedures set forth in City Personnel Rules and
Regulations and this M.O.U; To determine job classifications and
to reclassify employees; To hire, transfer, promote and demote
employees in accordance with this Memorandum of Understanding and
the City's Rules and Regulations; To determine polic as, procedures
and standards for selection, training and promotioi of employees;
To establish and modify employee and organizational performance and
productivity standards and programs including but not limited to,
quality and quantity standards; and to require compliance
therewith; To maintain order and efficiency in its facilities and
operations; To establish and promulgate and/or modify rules and
regulations to maintain order and safety in the City which are not
in contravention with this Agreement; To take any and all necessary
action to carry out the mission of the City in emergencies.
The City and MAPE agree and understand that if, in the exercise of
any of the rights set forth above, the effect of said exercise of
rights by the City impacts an area within the scope of
representation as set forth in the Meyers/Milias/Brown Act, case
law interpreting said acts, and/or Federal law, the City shall have
the duty to meet and confer with MAPE regarding the impact of its
decision/exercise of rights.
ARTICLE 8 REDUCTION IN FORCE
8.1 AUTHORITY
The Appointing Authority may lay off, without prejudice, any
regular employee because of lack of work or funds, or
organizational alterations, or for reasons of economy or
organizational efficiency.
8.2 NOTICE
Regular employees designated for layoff or demotion shall be
notified in writing at least thirty (30) calendar days prior to the
anticipated date of termination or demotion. The employee
organization shall also be no notified.
31
8.3 ORDER OF LAYOFF
Layoffs and/or reductions in force shall be made by classification.
A classification is defined as a position or number of positions
having the same title, job description and salary. Extra hire
employees shall be laid off before permanent employees in the
affected clan-ification. If effecting the preceding order, a part-
time permaneikt employee with more seniority can displace a full
time permanent employee.
8.4 SENIORITY
If two or more employees within a classification have achieved
permanent status, such employees will be laid off or reduced on
the following basis:
a. Seniority within the affected classification will be
determinative. Such seniority shall include time served in
higher classifications (s). The computation of seniority for
part-time employees will be credited on a pro rata basis to
full time service. time spent on a City Manager approved
leave of absence without pay does not count toward seniority.
b. If the seniority of two or more employees in the affected
classification or higher classifications(s) is equal,
departmental seniority shall be determinative.
C. If all Lf the above factors are equal, the date of regular
status in City service is achieved shall be determinative.
d. If all of the above are equal, date of certification for
appointment shall be determinative.
8.5 BUMPING RIGHTS
An employee designated to be laid off may bump into a class at the
same salary level, or into the next lower classification if which
such employee has previously held regular status. An employee who
is bumped, shall be laid off in the same manner as an employee
whose position is abolished.
8.6 TRANSFER RIGHTS
The Personnel Officer will make every effort to transfer an
employee who is to be affected by a reduction in force to another
vacant position for which such employee may qualify. the length
of eligibilit,, for such transfer will be the period of notification
as provided in 10.2, but no longer than the effective date of such
layoff or reduction.
32
8.7 RE-EMPLOYMENT
8.7.1. General Guidelines. Individuals who have been laid off or
demoted shall be offered reappointment to the same classification
in which they held status in the order of seniority in the
classification. Individuals demoted in lieu of reduction in force
shall be offered restoration to the highest class in which they
held status and in which there is a vacancy prior to the
appointment of individuals who have been laid off.
8.7.2. Right to Re-employment. Each person who have been laid off
or demoted in lieu of a layoff from a position the person held,
shall, in writing, be offered reappointment in the same
classification should a vacancy occur in the classification within
two years after the layoff or demotion. Prior to being re-
employed, the employee must pass a physical exam administered by
a City appointed physician and must pass the background check
administered by the City.
8.7.3. Time Limits. Should the person not accept the
reappointment within seven (7) calendar days after the date of the
offer, or should the person decline or be unable to begin work
within two weeks after the date of acceptance of the offer, the
person shall be considered unavailable for employment, shall
forfeit the right to re-employment and be removed from the re-
employment list.
8.7.4. Availability. Whenever a person is unavailable for re-
employment, the next senior person who is eligible on the re-
employment list shall be offered re-employment.
8.7.5. Probationary status. Employees reappointed under the
provisions above will not be required to complete a new
probationary period if they had previously held permanent status
in the classification. Employees who had not completed their
probationary period shall serve the remainder of the probationary
period upon reappointment.
8.7.6. Restoration of Benefits. Employees restored to previously
held positions shall be deemed to have returned from a leave of
33
absence for the purpose of all rights and benefits legally
permissible. Time not on the payroll will not count as time worked
for the purposes of seniority accrual.
Dated:
MARIN ASSOCIATION OF PUBLIC EMPLOYEES CITY OF SAN RAFAEL
S.E.I.U. Local 949
By By
Steven O'Keefe Suzanne Golt
Executive Secretary Assistant City Manager
By Employee Representatives: By
Robert Pendoley
Planning Director
Sheila Edwards
By
Teresa Gilmore Daryl Chandler
Personnel Officer
James Forsythe
34
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