HomeMy WebLinkAboutResolution No. 6078RESOLUTION NO. E078
A RESOLUTION OF THE CITY COU14CIL
OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION NO. 5929
PERTAINING TO THE COMPENSATION
AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL
WHEREAS, there appear to exist certain inconsistent provisions
in the City Resolution 5929 and that certain Memorandum of Under-
standing dated June 30, 1979, executed by and between City and
the San Rafael Police Association; and
WHEREAS, City and San Rafael Police Association have met
and conferred with regard to such inconsistencies and determined to
correct same through adoption by reference of the terms and provisions
of the Memorandum of Understanding referred to above; and
WHEREAS, in pursuit of said common goal, it is necessary that
City Resolution 5929 be amended, NOW, THEREFORE,
BE IT RESOLVED by the City Council of the City of San Rafael as follows:
Section 1. Resolution 5929, consisting of five (5) pages, and
adopted July 7, 1979, is hereby amended insofar as the same may
be inconsistent with any term or provision of that certain Memorandum
of Understanding, dated June 30, 1979, consisting of one (1) page,
and six (6) pages attached Exhibit "A";
Section 2. From and after the date of adoption of th{is
resolution, City and the San Rafael Police Officers Association shall
utilize the Memorandum of Understanding dated June 30, 1979, as the
official document of reference respecting compensation and working
conditions for Police Department personnel;
Section 3. The schedule describing classes of positions
and salary ranges attached as Exhibit "A" -to City Resolution 5929,
is hereby adopted as an exhibit to the Memorandum of Understanding
and both shall be attached hereto and incorporated in full.
RESOLUTION NO. 6078 p. 2
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution. was duly and
regularly introduced and adopted at a regular meeting of the
Council of said City on Monday the 6th day of April ,
1981, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
A. _
VNNE M. LEONCINI, City Clerk
MEMORANDUM OF UNDERSTANDING
WHEREAS, authorized representatives of the CITY OF SAN
RAFAEL, a chartered city (hereinafter referred to as "City''), and
authorized representatives of the SAN RAFAEL POLICE ASSOCIATION,
the recognized employee organization representing various employees
of the San Rafael Police Department (hereinafter referred to as "Association"),
have met and conferred concerning wages, hours, and working conditions;
NOW, THEREFORE, IT IS AGREED that, pursuant to the provisions
of the Meyers-Milias-Brown Act, the matters set forth in Exhibit "A"
constitute the written Memorandum of Agreement between the City and the
Association and shall apply to all employees represented by the Association,
to w -it: all employees of the Police Department, except the Police Chief,
captains, lieutenants, and the secretary to the Police Chief.
IT IS FURTHER AGREED that this Memorandum of Understanding
is subject to the approval of the San Rafael City Council.
Dated: June 30, 1979.
SAN RAFAEL POLICE ASSOCIATION
By
By
Bob Buck,
By
esicien
ssociation Negotiator
Exhibit y''
OF SAN RA AEL
Gary 7JRagg[Aanti
Special Counsel
I. TERM.
This Agreement shall be in effect from July 1, 1979, through
June 30, 1982.
II. SALARY.
Effective July 1, 1979, a salary increase of eight percent (81o) shall
be paid to all employees covered by this Agreement and shall be applied
across the board to all classifications, steps and ranges.
Effective July 1, 1980, a salary increase of six percent (670) shall
be paid to all employees covered by this Agreement and shall be applied
across the board to all classifications, steps and ranges.
Effective July 1, 1981, a salary increase of six percent (6(1/o) shall
be paid to all employees covered by this Agreement and shall be applied
across the board to all classifications, steps and ranges.
III. MEDICAL INSURANCE.
Effective July 1, 1981, City agrees to pay any increase in premiums
in health insurance, to a maximum of fifteen percent (1516) above the 1979/
1980 fiscal year premium.
IV. RETIREMENT CONTRIBUTION.
Effective July 1, 1979, City agrees to payment of employees' contribution
to Marin County Retirement System, up to a maximum of four percent (4%)
of the employee's salary.
V. LONG-TERM DISABILITY INSURANCE.
City agrees to cooperate with and permit Police Bargaining Unit to
withdraw from City's long-term disability plan to PORAL Plan so long as,
71,iI,;l 'roil - hn.ryr. I.
and only if, such withdrawal is at no cost to City, either in additional cost
of premiums to PORAC, or changein experience rating to City.
VI. SICK LEAVE ACCUMULATION AND ELIMINATION FOR NEW EMPLOYEE'
Upon termination of employment, by resignation, retirement or death,
an employee who leaves the municipal service in good standing shall receive
compensation for all accumulated unused sick leave based upon the rate of
three percent (39/o) for each year of service, to a maximum of fifty percent (50%).
Commencing July 1, 1979, no new employee of the Police Department
shall be entitled to payment for accrued sick leave benefits as set forth
hereinabove.
VII. EDUCATIONAL INCENTIVE.
The educational incentive program now in existence for employees
of the Police Department shall continue; provided, however, that, effective
July 1, 1979, payment for POST Intermediate Certificate and for Advanced
Certificate shall no longer be a percentage of employee salary, but shall
rather be fixed at the following maximum amounts:
Intermediate Certificate Advanced Certificate
Sergeant $94.00 $ 135. 00
Corporal 86.00 122.00
Office r 81.00 117.00
VIII. SHIFT CHANGES.
The parties hereto agree that changes in the days or hours of the
regular work schedule of an employee shall entitle such employee to overtime
compensation at the rate of time and one-half for any hours worked outside
the employee's regular work schedule, unless City shall have given employee
Exhibit ''A'' - Page 2.
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seven (7) days notice of such change; provided, however, that no advance
notice to employees by City of shift change shall be required and no overtime
shall be required to be paid by City when shift changes occur as the result
of emergencies, multiple sicknesses, disabilities or injury, or at the
specific request of an employee.
IX. PERSONNEL RULES.
Association agrees to and hereby does, adopt the City's Personnel
Rules and Regulations in the form attached hereto and incorporated herein
as Exhibit "13".
No changes shall be made by City in the Personnel Ordinance, Rules
or Regulations without prior meeting and conferring in good faith with the
A s s ociation.
X. UNIFORM ALLOWANCE
Uniformed members of the Police Department shall receive a uniform
allowance in the amount of $150.00 at the completion of each six (6) months of
service ending June 30 and December 31; a proration at the rate of $25. 00 per
month may be given for a portion of the first and last six (6) months of service
upon recommendation of the Department Head and approval of the City Manager.
Administrative and Investigative personnel who occasionally wear a uniform
shall receive $100.00 at the coi-rlpletion of each six (6) months of service
ending June 30 and December 31; a�{K•e�a-t� � �` ''�- -- .
� e gi v e n av.-i F1 e F1 -nei-r,&43-ove.
XI. DENTAL INSURANCE.
City agrees to pay any increased rate in connection with the Dental
Insurance pro.2ram carried by California Dental Service, Program III A,
Exhibit "A" - Page 3.
as presently being offered by City to employees, from the date of any such
increase and for the term of this Agreement.
XII. OVERTIME.
All represented employees who are required to work in excess of
their basic work week during any one week shall accrue compensatory time
off at the rate of time and one-half. Upon accrual of five (5) days or forty
(40) hours of overtime, members of the Police Department shall be paid
at the rate of time and one-half of their established hourly rate.
Notification by the Officer in Charge proposing that compensatory time
be taken, or by the employee's requesting time off, on any specific date must
be submitted not less than five (5) days in advance for the mutual agreement
of both parties.
Police officers who are required in the course and scope of their
official employment to appear in Court or other official hearings other than
during their regular tour of duty or shift of hours shall receive a minimum
of two (2) hours pay at overtime rate; if such appearance is required to be
made by a member of the Department on a day off, he shall receive a minimum
of three (3) hours pay at overtime rate. The provisions of this section shall
become effective July 1, 1980.
XIII. EXISTING LAWS, REGULATIONS AND POLICIES.
This Memorandum is subject to all applicable laws.
XIV. STRIKES AND LOCKOUTS.
During the term of this Memorandum, the City agrees that it will not
lock out employees, and the Association agrees that it will not encourage or
approve any str`�':ce or slowdown growing out of any dispute relating to the terms
Exhibit ''A'' - Page 4.
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A 1_
J2
I7
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.
XV. FULL UNDERSTANDING, MODIFICATION, WAIVER.
A. The parties jointly represent to the City Council that this
Memorandum of Understanding 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, 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 for a proposed Memorandum
of Understanding between the parties to be effective on or after July 1, 1982.
XVI. 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 Memorandum of Understanding
shall remain in full force and effect throughout the term of this Agreement.
Exhibit ''A'' - Page 5.
J? -
XVII. ''MOST FAVORED NATION'' CLAUSE.
In the event that the City Council grants to any employees represented
by a recognized employee organization (within the meaning of the Meyers-
Milias-Brown Act) any benefits greater than those salary increases granted
to the employees represented by the Association, this Memorandum of
Understanding shall automatically be amended so as to provide that the
employees represented by the Association shall receive the same level of
greater or more favorable increases, retroactive to the date that they are
granted to the employees represented by any other recognized employee
organization. This paragraph shall remain in full force and effect for the
term of this Memorandum of Understanding.
XVIII. 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 enter into meet -and -
confer sessions for the sole purpose of arriving at a mutually satisfactory
replacement for suc(z article, paragraph or section.
Dated: June F 1979.
SAN RAFAEL POLICE ASSOCIATION CITY JOY SAN RAFAEL
By By YL t. .
President Oary T. agghianti
Special Counsel
By _
Bob uck, Association Negotiator
Exhibit ''A'' Paec 6 -of -6
T, l
P.O. Box 4058 Santa Rosa, California 95402 Phone (707) 528-3126
June 22, 1979
Mr. Gary T. Ragghianti
Special Counsel
City of San Rafael
1534 5th Avenue
San Rafael, California 94901
Dear Gary:
The purpose of this letter is to memorialize the intent of the San
Rafael Police Association regarding Section IX of the Memorandum of
Understanding between the City of San Rafael and the Association dated
June 30, 1979.
As expressed at the bargaining table, the Association has serious
concerns relative to certain provisions of the Personnel Rules. We did
agree to the adoption of the rules, primarily to get the matter off dead
center, the intent being to meet and confer as soon as practicable.
i
`Tn Ehin nad i n'-'einvn Eoa the 14re rLirhte 4n .ri44 us to
Sincerely,
Bob Bucic, for San Rafael Police Association
-c ?'r f C:,::
----,• s'�"/ S �/' `v"9
. agr
r
By " SLC. C�
City of San Rafael
E X H I B I T 11611
(A) Effective July 1, 1981, the following classes of positions and
lary ranges are hereby created for Police Department Personnel:
alary
A
B
C
D
E
nge No.
Title
1727
1810
1903
P -15a
1506
1575
1649
1727
1810
1931
2021
2125
-17
Police Sergeant
1465
P-10
1931
2021
2125
-17
Police Inspector
P -7a
1071
1727
1810
1903
-15a
Police Corporal
1506
1575
1649
1727
1810
-14a
Police Officer
1506
1575
1649
1727
1810
-14a
Park Ranger
1048
1097
1145
P -4a
919
-10
Communications Dispatcher
1223
1280
1340
1340
1399
1399
1465
1465
-10
Property Clerk
1223
1097
1280
1145
1201
1251
1307
_7a
Police Secretary
Of
1071
1119
1170
1223
1280
-7
Parking Enforcement
1048
1097
1145
1201
1251
'-6a
Police Stenographer
—6a
Police Records Clerk
1048 -
1097
1048
1145
1097
1201
1145
1251
1201
-Sa
Police Typist Clerk II
1004
959
1004
1048
1097
1145
11-4a
Police Clerk
919
959
1004
1048
1097
P -3a
Police typist p Clerk I
807
845
886
923
966
PY
Police Cadet
Salary Schedule
1931
2021
2125
P-17
1727
1810
1903
P -15a
1506
1575
1649
1727
1810
-14a
1223
1280
1340
1399
1465
P-10
1097
1145
1201
1251
1307
P -7a
1071
1119
1170
1223
1280
P-7
1048
1097
1145
1201
1251
P -6a
1004
1048
1097
1145
1201
P -5a
959
1004
1048
1097
1145
P -4a
919
959
1004
1048
1097
P -3a
807
845
886
923
966
PY
E X H I B I T "B"
(A) Effective July 1, 1980, the following classes of positions and
salary ranges are hereby created for Police Department Personnel:
Salary
Range No.
Title
A
B
C
D
E
P-17
Police Sergeant
1629
1708
1822
1907
2005
P-17
Police Inspector
1629
1708
1822
1907
2005
P -15a
Police Corporal
1382
P -7a
1629
1708
1795
P -14a
Police Officer
1421
1486
1556
1629
1708
P -14a
Park Ranger
1421
1486
1556
1629
1708
P-10
Communications Dispatcher
1154
1208
1264
1320
1382
P-10
Property Clerk
1154
1208
1264
1320
1382
P -7a
Police Secretary
1035
1080
1133
1180
1233
P-7
Parking Enforcement Officer
1010
1056
1104
1154
1208
P -6a
Police Stenographer
989
1035
1080
1133
1180
P -6a
Police Records Clerk
989
1035
1080
1133
1180
P -5a
Police Typist Clerk II
947
989
1035
1080
1133
P -4a
Police Clerk
905
947
989
1035
1080
P -3a
Police typist Clerk I
867
905
947
989
1035
Py
Police Cadet
761
797
836
871
911
Salary Schedule
P-17
1822
- .-1907
2005
P -15a
1629
1708
1795
P -14a
1421
1486
1556
1629
1708
P-10
1154
1208
1264
1320
1382
P -7a
1035
1080
1133
1180
1233
P-7
1010
1056
1104
1154
1208
P -6a
989
1035
1080
1133
1180
P -5a
947
989
1035
1080
1133
P -4a
905
947
989
1035
1080
P -3a
867
905
947
989
1035
Py
761
797
836
871
911
E X H I B I T 118"
(A) Effective July 1, 1979, the following classes of positions and
salary ranges are hereby created for Police Department Personnel:
Salary
1641
1718
1806
P -15a
Range No
Title
A
B
C
D
E
P-17
Police Sergeant
1468
1539
1641
1718
180
P-17
Police Inspector
1245
P -7a
1641
1718
180
P -15a
Police Corporal
P-7
910
1468
1539
161
P -14a
Police Officer
1280
1339
1402
1468
153
P -14a
Park Ranger
1280
1339
1402
1468
153
P-10
Communications Dispatcher
1040
1088
1139
1189
124
P-10
Property Clerk
1040
1088
1139
1189
12',
P -7a
Police Secretary
932
973
1021
1063
111
P-7
Parking Enforcement Officer
910
951
995
1040
108
P -6a
Police Stenographer
891
932
973
1021
106
P -6a
Police Records Clerk
891
932
973
1021
106
P -5a
Police Typist Clerk II
853
891
932
973
102
P -4a
Police Clerk
815
853
891
932
97
P -3a
Police Typist Clerk I
781
815
853
891
93
Py
Police Cadet
686
718
753
785
82
Salary Schedule
P-17
1641
1718
1806
P -15a
1468
1539
1617
P -14a
1280
1339
1402
1468
1539
P-10
1040
1088
113.9
1189
1245
P -7a
932
973
1021
1063
1111
P-7
910
951
995
1040
1088
P -6a
891
932
973
1021
1063
P -5a
853
891
932
973
1021
P -4a
815
853
891
932
973
P -3a
781
815
853
891
932
Py
686
718
753
785
821