HomeMy WebLinkAboutCC Resolution 8578 (Police Mid-Management MOU)RESOLUTION NO. 8578
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
SAN RAFAEL PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR 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 December
20, 1991 and consisting of 27 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 San Rafael Mid -
Management Association shall utilize the Memorandum of
Understanding dated December 20, 1991, 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 of San Rafal. the 6th day of January
1992, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE E -1d. LEONCINI, City Clerk
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION
FISCAL YEAR 91-92
SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION M.O.U.
TABLE OF CONTENTS
CHAPTER
TITLE
PAGE,
CHAPTER
1.0
GENERAL PROVISIONS
1
1.1
Introduction
1
1.2
Recognition
2
1.3
Discrimination
2
1.4
Association Rights
2
1.5
City Rights
3
CHAPTER
2.0
COMPENSATION
5
2.1
Salary
5
2.2
Compensation Plan
5
2.3
Salary Step Increase
6
2.4
Merit Step Increase
6
2.5
Additional Pay
6
2.6
Probationary Period
7
CHAPTER
3.0
HEALTH AND WELFARE
8
3.1
Insurance
8
3.2
Retirement Contribution
9
3.3
Dental Insurance
9
3.4
Vacation Leave
10
3.5
Sick Leave
11
3.6
Administrative Leave
13
3.7
Holidays
13
3.8
Other Leaves
14
CHAPTER
4.0
HOURS OF WORK
16
4.1
Work Week
16
4.2
Alternative Work Schedules
16
CHAPTER
5.0
TERMS AND CONDITIONS OF EMPLOYMENT
17
5.1
Demotion
17
5.2
Suspension
18
5.3
Termination of Employment
18
CHAPTER
6.0
DISCIPLINARY ACTION
18
6.1
Authority
18
6.2
Definition
19
6.3
Causes for Disciplinary Action
19
6.4
Appeals
20
6.5
City Manager and Arbitration
20
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SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION
TABLE OF CONTENTS continued......
CHAPTER
TITLE
PAGE
CHAPTER
7.0
GRIEVANCE PROCEDURE
20
7.1
Definition
20
7.2
Initial Discussions
21
7.3
Referral to City Manager
21
7.4
Adjustment Board
21
7.5
City Manager and Arbitration
22
CHAPTER
8.0
REDUCTION IN FORCE
23
CHAPTER
9.0
MISCELLANEOUS
23
9.1
Employer -Employee Resolution
23
9.2
Uniform Allowance
23
9.3
Outside Employment
24
9.4
Gratuities/Solicitation of Contributions
24
9.5
Return of City Equipment
24
9.6
Political Activity
24
9.7
Employment of Relatives
24
9.8
Rules and Policies
25
9.9
Classification Study
25
CHAPTER
10.0
RULES GOVERNING M.O.U.
25
10.1
Existing Laws, Regulations and Policies
25
10.2
Strikes and Lockouts
26
10.3
Full Understanding, Modification, Waiver
26
10.4
Prevailing Rights
26
10.5
Severability
26
10.6
Successor Negotiations
27
ii
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION
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, 1991 and ending
June 30. 1992
Chapter 1. GENERAL PROVISIONS
1.1 INTRODUCTION
1.11 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
Attachment 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. 12 Term
This agreement shall be in effect from Julv 1. 1991
through June 30, 1992
1.2 RECOGNITION
1.21 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).
1.22 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
1.31 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.
1.32 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
1.41 Employee Representatives
The Association shall by written notice to the City Manager
designate certain of its members as Employee Representatives.
2
1.42 Dues Deduction
City agrees, upon written consent of the employee involved,
to deduct dues, as established by the Association, from the
salaries of its members. The sums so withheld shall be
remitted by City along with a list of employees who have
had said dues deducted.
The provisions specified above shall not apply during periods
of separation from the representative Bargaining Unit by any
such employee, but shall reapply to such employee commencing
with the next full pay period following the return of the
employee to the representative Bargaining Unit. The term
separation includes transfer out of the Bargaining Unit,
layoff, and leave without pay absences with a duration of more
that five (5) working days.
1.5 CITY RIGHTS
1.51 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.
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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 any
work or operation of the City.
9.) To assign work to and sdhedule 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 it 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 this article 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.
4
CHAPTER 2. COMPENSATION
2.1 SALARY
2.11 Effective 7/01/91 a 2% salary increase
for all represented classifications.
2.12 Effective 3/01/92 a two percent (2%) salary
increase for all represented classification contingent
upon the City having a combined revenue from sales tax,
motor vehicle in lieu fees and the secured property tax levy
equaling or exceeding $14,768,000 by March 31, 1992 after
consideration of loss of revenue or additional costs the
City may experience as a result of the state budget crisis
(which result in the City's revenue dropping below
$14,768,000). (A salary Exhibit page to be developed
reflecting the 2% adjustment if the revenue level is as
stated on March 31, 1992.)
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 employments 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.
2.21 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.
5
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.
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
2.51 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.
P
7. Annual physical examinations.
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.
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.
2.52 Educational Incentive
The Educational Incentive for Police Captain and Police
Lieutenant is included in the base salary.
2.6 PROBATIONARY PERIOD
2.61 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.
2.62 Length of Probationary Period
The probationary period on original and promotional
appointments shall be for twelve (12) months.
2.63 Rejection During Probation
During the probationary period, an employee may be
rejected at any time by the Chief of Police without the
right of appeal.
2.64 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.
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2.65 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.
2.66 Regular Status
Regular status in the assigned (new) position shall
commence with the day following the expiration date of
the probationary period.
2.67 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 promo-
tional appointment shall be effective the same date.
2.68 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, and Long Term Disability
1. A maximum of $330 per month will be contributed by the
City toward the cost of each eligible employee's health,
3
and long term disability (City Plan) insurance package.
Selection of coverage must include the employee's basic
health plan, offered by the City, unless the employee
can show proof of insurance.
2. Effective September 1, 1991, the City shall contribute
a maximum of $350 per month toward the cost of each
eligible employee's health, and long term disability
(City Plan) insurance package. Selection of coverage
must incude the employee's basic health plan, offered by
the City, unless the employee can show proof of
insurance. The City shall continue to pay a maximum of
$350 per month toward an eligible retiree's enrollment
in one of the City offered group health insurance
plans.
3. The City shall pay the full cost of the employee's
enrollment in the City provided life insurance plans
(Basic plan: $5000 term policy and Supplemental plan:
term policy equal to one times the employee's annual
base pay. Note: in this instance base pay means salary
as -listed in the salary resolution).
3.2 RETIREMENT CONTRIBUTION
The City will pay 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.
3.3 DENTAL INSURANCE
A. 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.
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3.4 VACATION LEAVE
3.41 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 Chief of Police.
3.42 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 ten (10) years of continuous employment
shall earn fifteen (15) working days of vacation per
year. Such entitlement shall accrue at the rate of one
and one-fourth (1-1/4) days per month.
From the beginning of the eleventh (11th) year of service
through the fifteenth (15th) year, twenty (20) working
days of vacation per year. Such entitlement shall accrue
at the rate of one and two-thirds (1-2/3) day 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 two and one -twelfth 2-1/12) days per month.
3.43 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 for the advanced vacation leave. Vacation days may
be carried forward only after approval has been secured
from the department head and the City Manager. The
amount carried forward shall not exceed the annual
vacation allotment for the individual.
No employee may annually carry forward in excess of five
(5) days of his/her annual earned vacation and in no case
may he/she have accumulated at the close of any calendar
year (December 31 ) total accumulated days in excess of
10
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.
In recognition of exempt status from FLSA, time off for
vacation leave purposes' shall not be deducted from the
employees' accrual, unless the time is 8 or more
consecutive work hours.
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
employees.
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.
3.44 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
3.51 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 the employee's
discretion, but shall be allowed only in case of necessity and
accrual 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
11
cause of the illness of disability. The inability or refusal
by said employee to furnish the requested information, as
herein required, shall constitute good and sufficient cause
for disciplinary action, including dismissal.
In recognition of exempt status from FLSA, time off for sick
leave purposes shall not be deducted from the employee's
account unless the time is 8 or more consecutive work hours.
3.52 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.
3.53 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.
3.54 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.
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3.55 Upon Termination of Employment: by resignation,
retirement or death, an employee hired prior to 07/01/79,
who leaves the City in good standing shall receive
compensation for all accrued, unused sick leave based upon the
rate of three percent (3) for each year of service up to a
maximum of fifty percent (50%) of their sick leave balance.
3.56 Sick Leave Incentive Plan: (Post - July 1, 1979
Employees) Provides for incentive pay in recognition of
outstanding attendance as follows:
Absence Rate Between
07/01 and 06/30 of each
fiscal vear Incentive Pav
None 8 hours of pay
1 to 16 hours 6 hours of pay
17 to 24 hours 4 hours of pay
3.6 ADMINISTRATIVE LEAVE
The Police Captain and Police Lieutenant job classifications
shall receive seven (7) Administrative Leave days each
calendar year subject to the approval of the Chief of Police
and the City Manager. An additional three (3) days may be
granted at the discretion and with the approval of the Chief
of Police 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 the
employee's account unless the time is 8 or more consecutive
work hours.
3.7 HOLIDAYS
The following holidays will be observed:
New Year's Day Martin Luther King Day
Washington's Birthday Lincoln's Birthday
Memorial Day Independence Day
Labor Day Admission Day
Veteran's Day Thanksgiving Day
Day after Thanksgiving Christmas Day
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Lincoln's Birthday and Admission Day are considered to be
floating holidays which are compensated for by being added
to the represented employeesvacation time if not used during
the year.
All represented employees in this Association shall receive
straight time compensation for every holiday worked or which
falls on a regularly scheduled day off in each given year
which all other employees receive as time off (except for
floating holidays which if not used are added to the
employees' vacation balance). Said compensation shall be paid
twice each year on the first pay period of December and the
first pay period of June.
All represented employees in this Association shall have the
discretion to 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
3.81 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 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 memo describing the relationship
and submit this to the Chief of Police as part of the request
for bereavement leave.
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3.82 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.
3.83 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.
3.84 Industrial Injury Leave
For benefits under Workers Compensation, an employee should
report any on the job injury to his/her supervisor as soon as
possible, preferably within twenty-four (24) hours. The City
Manager's office coordinates benefits for Worker's
Compensation claims. For further information, see the
Industrial Accidents and Injuries section of the City's Injury
and Illness Prevention Program.
All regular, full time employees of the City who have suffered
any disability arising out of, and in the course of their
employment as defined by the Worker's Compensation Insurance
and Safety Act of the State of California, and who are
receiving or shall receive compensation from the City's
insurance carrier for such disability, and during the first
seven (7) days after such disability when compensation is not
paid by the insurance carrier, shall be entitled to remain
absent from duty with pay until such time as they are able to
return to duty or some other final disposition is made of
their case, provided, however, compensation leave payments
shall not exceed the following limitations:
SAFETY EMPLOYEES
Compensation leave payments shall not exceed the employee's
regular full pay for the first twelve (12) calendar months.
Worker's Compensation checks from the City's Worker's
15
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.
3.85 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.
3.86 Medical Leave of Absence
Upon depletion of sick leave and any other accrued paid leave,
an employee may be granted a medical leave of absence without
pay for a period not exceeding sixty days by the City Manager.
If the employee is unable to return to work at the end of this
period, he or she must request further medical leave in
writing with a doctor's statement which will be subject to
the approval of the City Manager. If further leave is not
granted, and the employee is unable/unwilling to return to
full duty, the employee's service with the City shall be
considered terminated.
3.87 Absent Without Authorized Leave
An unauthorized absence of an employee for three consecutive
work days 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
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and the Chief of Police, may be implemented for designated
trial periods of time. During these trial periods of time 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 (7) days written notice
to the other party.
CHAPTER 5 TERMS AND CONDITIONS OF EMPLOYMENT
5.1 DEMOTION
The City Manager or his/her designee may demote an employee
when the following occurs:
(A) The employee ('s ability) fails to perform his/her
required duties;
(B) The need for a position which an employee fills no longer
exists;
(C) An employee request 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 day before the effective
date of the demotion, and a copy filed with the Personnel
Office.
Withholding a salary step increase, or withdrawing a merit
step increase within or above the salary range of the
employee's position shall not be deemed a demotion.
Disciplinary demotion action shall be in accordance with
Chapter 6 , "Disciplinary Action."
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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
5.31 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.
5.32 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.
5.33 Termination - Disciplinary Action. An employee may be
terminated at any tine for disciplinary action, as provided
in Chapter 6 , "Disciplinary Action."
5.34 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.
5.35 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
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or to observe the Department's safety rules and regulations
or for engaging in strikes, individual or group slowdowns or
work stoppages, or for violating or ordering the violation
of the Memorandum of Understanding.
6.2 DEFINITION
Disciplinary action shall mean discharge/ dismissal, demotion,
reduction in salary, and suspension resulting in loss of pay.
6.3 CAUSES FOR DISCIPLINARY ACTION
The City may discipline or discharge an employee for the
following:
A. Fraud in securing appointment.
B. Negligence of duty.
C. Violation of safety rules.
D. Unacceptable attendance record including tardiness,
overstaying lunch or break periods.
E. Possession, distribution or under the influence of
alcoholic beverages, non-prescription or unauthorized
narcotics or dangerous drugs during working hours.
F. Inability, unwillingness, refusal or failure to perform
work as assigned, required or directed.
G. Unauthorized (not approved by Chief of Police)'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.
"Pt
Q. Failure to perform to
and quantity based on
R. Insubordination.
S. Other acts inimicable
6.4 APPEALS
an acceptable level of work quality
annual performance evaluations.
to=the public service.
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.
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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 to which he or she is assigned, the procedures
hereafter specified may be invoked.
7.3 REFERRAL TO CITY MANAGER
Any employee or any official of the employee organization
which has 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.
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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 arbitration.
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, nor nay matter or subject
under this Section; and no Adjustment Board or Arbitrator
shall have the power to amend or modify this Memorandum of
Understanding or written agreements or addenda supplementary
hereto or to establish any new terms or conditions of
employment.
No changes in the Memorandum of Understanding or
interpretations thereof will be recognized unless agreed to
by the City Manager and the Association.
7.5 CITY MANAGER AND ARBITRATION
If the grievance is not resolved through a majority decision
in the previous step (Adjustment Board), the grievant, the
Association, or the City may, after completion of the
previous step in the grievance procedure, submit the
grievance directly to the City Manager or may request
arbitration. If arbitration is requested, representatives
of the City and the Association shall meet promptly to select
a mutually acceptable arbitrator. The fees and expenses of
the arbitrator and of a court reporter shall be shared equally
by the Association and the City. Each party, however, shall
bear the cost of its own presentations, including preparation
and post hearing briefs, if any. A hearing before the
arbitrator shall be held as soon as practical, and the
arbitrator shall render a decision which is binding on the
parties hereto, to the extent permitted by the Charter of the
City.
22
CHAPTER S 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 Reeemployment Eligible List shall consist of the names of
employees and former employees having probationary or
permanent status who were laid off in that classification.
The rank order on such list shall be determined by relative
seniority as specified above. Such list shall take precedence
over all other eligible lists in making appointments to the
classification in which the employee worked.
The name of any person laid off shall continue on the
appropriate Reemployment Eligible List for a period of two (2)
years 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 classification will receive
a uniform allowance for each six (6) months of service ending
23
June 30 and December 31 as follows:
A. Uniformed, sworn Patrol employees:
1. July 1, 1991 thru June 30, 1992: $275 ($550/yr.)
B.' All other represented employees:
1. July 1, 1991 thru June 30, 1992: $200 ($400/yr.)
C. A pro -rated portion of the allowance may be given for the
first and last six (6) months of service upon
recommendation of the -Police Chief and approval of the
City Manager or their designee.
9.3 OUTSIDE EMPLOYMENT
All employees of the Police Department should refer to
Departmental General Order 91-06 for the policy
and procedures related to outside employment.
9.4 GRATUITIES/SOLICITATION OF CONTRIBUTIONS
All employees of the Police Department should refer to
Departmental Rule and Regulation 300.48 and 300.50 for the -
rules and procedures related to gratuities/solicitation.
9.5 RETURN OF CITY EQUIPMENT
Upon termination of employment, all tools, equipment, and
other City property assigned to an 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.
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9.8 RULES AND POLICIES
9.81 Personnel Rules. Both parties agree to meet and confer
over the Personnel Rules and Regulations revision project
currently underway.
9.82 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 04/23/91.
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.
9.83 Medical Standards. Both parties agree to meet and
confer over medical Standards as they may related to non -
placement issues.
9.84 Light Duty Policy Statement. Both parties agree to meet
and confer over a departmental Light Duty Policy.
9.85 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 this
M.O.U. is adopted by the City Council, 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. The study
shall consider the findings and recommendations of the just
completed Hughes/Reiss 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.
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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. sets 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 to meeting and conferring
for a proposed M.O.U. between the parties to be effective
on or after July 1, 1991.
10.4 PREVAILING RIGHTS
All matters within the scope of meeting and conferring which
have previously been adopted through rules, regulations,
ordinance or resolution, which are not specifically superseded
by this M.O.U., shall remain in full force and effect
throughout the term of this Agreement.
10.5 SEVERABILITY
If any article, paragraph or section of this M.O.U. shall -be
held to be invalid by operation of law, or by any tribunal of
competent jurisdiction, or if compliance with or any
-26-
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, 1992, regarding the terms and conditions
applicable to a M.O.U. effective July 1, 1992. 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 -MANAGEMENT
ASSOCIA
By
By
Name/Title
Name/Title -iI
Name/Title
Name/Title
DATED:
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CITY OF SAN RAFAEL
`\` me/Title
1
By
Name/Title
By
DATED:
Name/Title
Name/Title
SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 91-92
EXHIBIT "A"
Effective July 1, 1991 the following salary ranges are hereby
created for the job classifications represented by the San Rafael
Police Mid -Management Association:
WAGE CLASS
6102
JOB CLASSIFICATION
Police captain
SALARY RANGE
$4938.38 $5814.74
6103 Police Lieutenant $4395.68 $5174.47