HomeMy WebLinkAboutCC Resolution 14949 (Approval of the New Memorandum of Understanding with AFSCME - Local 1 & Furlough Reimbursement Side Letter)RESOLUTION NO. 14949
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND AFSCME/PEU LOCAL 1
(LOCAL 1) PERTAINING TO COMPENSATION AND WORKING CONDITIONS (JULY 1, 2021
THROUGH JUNE 30, 2024) AND FURLOUGH REIMBURSEMENT SIDE LETTER
WHEREAS, the AFSCME/PEU Local 1 (Local 1) labor agreement with the City expired
on June 30, 2021, after a one-year extension; and
WHEREAS, the City of San Rafael and representatives of Local 1 have met and
conferred in good faith 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 (“MOU”) pertaining to the three-year
period from July 1, 2021 through June 30, 2024 has been ratified by Local 1 members; and
WHEREAS, a side letter has been mutually agreed upon by the City and Local 1
regarding the repayment of the furlough which was implemented in fiscal year 20-21; and
WHEREAS, the circumstances that make it possible for the City to reimburse employees
for the furlough are extremely unique in nature and this one-time reimbursement for FY 20-21 is
non-precedential;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: From and after the date of adoption of this Resolution, the City of San
Rafael and AFSCME/PEU Local 1 (Local 1) shall utilize the MOU for the period beginning
July 1, 2021, attached hereto, as the official document of reference respecting
compensation and working conditions for employees represented by Local 1.
Section 2: The schedules describing classes of positions and salary ranges are
attached to said MOU and, together with the MOU itself, are hereby adopted and shall be
attached hereto and incorporated in full.
Section 3: One-time repayment of the furlough shall be made per the agreed upon
Furlough Reimbursement Side Letter.
I, Lindsay Lara, 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 City
Council of the City of San Rafael, held on Monday, the 19th of July 2021, by the following vote,
to wit:
AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
Lindsay Lara, City Clerk
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
AFSCME / Local 1
JULY 19 2021- JUNE 30, 2024
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TABLE OF CONTENTS
I GENERAL PROVISIONS
1.1
INTRODUCTION...........................................................................................................................................
l
1.1.1
Scope of Agreement................................................................................................................................1
1.1.2
Term of MOU............................................................................................................................................1
1.2
RECOGNITION.............................................................................................................................................1
1.2.1
Bargaining Unit.........................................................................................................................................1
1.2.2
Notice to Employees................................................................................................................................1
1.3
NON-DISCRIMINATION................................................................................................................................2
1.3.1
In General.................................................................................................................................................2
1.3.2
Bargaining Unit Discrimination...............................................................................................................2
1.4
INSPECTION OF MEMORANDUM OF UNDERSTANDING...............................................................................2
1.5
EXISTING LAWS, REGULATIONS & POLICIES............................................................................................2
1.6
STRIKES & LOCKOUTS...............................................................................................................................2
1.7
SEVERABILITY............................................................................................................................................2
1.8
PREVAILING RIGHTS...................................................................................................................................2
1.9
FULL UNDERSTANDING, MODIFICATION, WAIVER.....................................................................................3
1.9.1
Understanding..........................................................................................................................................3
1.9.2
Waiver & Modification..............................................................................................................................3
2
MMBA...........................................................................................................................................................3
2.1
BARGAINING UNIT RIGHTS.........................................................................................................................3
2.1.1
Bargaining Unit Stewards Designation.................................................................................................3
2.1.2
Bulletin Boards.........................................................................................................................................3
2.1.3
Union Orientation of New Employees...................................................................................................3
2.1.4
Employee Information.............................................................................................................................4
2.2
DUES DEDUCTION......................................................................................................................................4
2.2.1
Collection of Dues....................................................................................................................................4
2.2.2
Dues Collection during Separation from Employment.......................................................................4
2.2.3
Indemnification.........................................................................................................................................4
2.3
MANAGEMENT RIGHTS...............................................................................................................................4
3
COMPENSATION.....................................................................................................................................5
3.1
GENERAL WAGES AND COMPENSATION...................................................................................................5
3.1.1
Pay Dates..................................................................................................................................................5
3.1.2
General Wage Increase..........................................................................................................................5
3.1.3
One -Time Payment.................................................................................................................................6
3.1.4
Definitions.................................................................................................................................................7
3.1.5
Compensation Plan.................................................................................................................................7
3.2
STEP INCREASES.......................................................................................................................................7
3.2.1
Entry Level Step.......................................................................................................................................7
3.2.2
Consideration for Step Increases..........................................................................................................7
3.2.3
Merit Increases.........................................................................................................................................7
3.2.4
Anniversary Date.....................................................................................................................................8
3.2.5
Promotions................................................................................................................................................8
3.2.6
Performance Evaluations........................................................................................................................8
3.3
SALARY CHANGE ON RECLASSIFICATION.................................................................................................8
3.3.1
To a Lower Classification........................................................................................................................8
3.3.2
To a Different Classification with the Same Salary Range................................................................8
3.3.3
To a Higher Classification.......................................................................................................................8
3.4
OUT OF CLASS COMPENSATION................................................................................................................9
3.5
ADDITIONAL PAY........................................................................................................................................9
3.5.1
Confidential Pay.......................................................................................................................................9
3.5.2
Educational Pay.......................................................................................................................................9
Local 1 MOU 2021 - 2024
3.5.3
Bilingual Pay.............................................................................................................................................9
3.5.4
Uniform Allowance...................................................................................................................................9
SICK LEAVE..............................................................................................................................................14
4
BENEFITS.................................................................................................................................................10
Eligibility...............:..................................................................................................................................14
4.1
EMPLOYEE BENEFITS COMMITTEE..........................................................................................................10
Sick Leave Accrual................................................................................................................................14
4.2
HEALTH & WELFARE...............................................................................................................................10
Use of Sick Leave..................................................................................................................................14
4.2.1
Full Flex Cafeteria Plan.........................................................................................................................
10
4.2.2
Retirees Health Insurance....................................................................................................................11
Service Credit for Sick Leave...............................................................................................................15
4.2.3
Pro Rata Benefit Rules..........................................................................................................................
11
4.2.4
Health and Dependent Care Spending Accounts.............................................................................12
VACATION LEAVE.....................................................................................................................................15
4.2.5
Health Insurance Providers..................................................................................................................12
Eligibility..................................................................................................................................................15
4.3
DENTAL PLAN..........................................................................................................................................12
Rate of Accrual.......................................................................................................................................15
4.4
VISION PLAN.............................................................................................................................................12
Administration of Vacation Leave........................................................................................................16
4.5
RETIREMENT CONTRIBUTION...................................................................................................................13
Vacation Cash-In...................................................................................................................................16
4.5.1
Member Contribution.............................................................................................................................13
HOLIDAYS... .... _ ........................................................................................................................................
4.5.2
Retirement Plans...................................................................................................................................13
OTHER LEAVE..........................................................................................................................................17
4.5.3
Member Cost of Living Rates...............................................................................................................13
Bereavement Leave..............................................................................................................................17
4.5.4
Pension Committee...............................................................................................................................13
Jury Duty.................................................................................................................................................17
4.6
STATE DISABILITY INSURANCE (SDI) AND PAID FAMILY LEAVE(PFL).................................................13
Military Leave.........................................................................................................................................17
4.7
DEFERRED COMPENSATION....................................................................................................................14
Leave of Absence Without Pay............................................................................................................17
4.8
GYM REIMBURSEMENT.............................................................................................................................14
Industrial Injury Leave...........................................................................................................................17
4.9
BENEFIT REOPENER................................................................................................................................14
Family Medical Leave............................................................................................................................18
5
LEAVES.....................................................................................................................................................14
5.1
SICK LEAVE..............................................................................................................................................14
5.1.1
Eligibility...............:..................................................................................................................................14
5.1.2
Sick Leave Accrual................................................................................................................................14
5.1.3
Use of Sick Leave..................................................................................................................................14
5.1.4
Advance of Sick Leave-. ........................................................................................................................
15
5.1.5
Service Credit for Sick Leave...............................................................................................................15
5.1.6
Compensation for Unused Portion......................................................................................................15
5.2
VACATION LEAVE.....................................................................................................................................15
5.2.1
Eligibility..................................................................................................................................................15
5.2.2
Rate of Accrual.......................................................................................................................................15
5.2.3
Administration of Vacation Leave........................................................................................................16
5.2.4
Vacation Cash-In...................................................................................................................................16
5.3
HOLIDAYS... .... _ ........................................................................................................................................
16
5.4
OTHER LEAVE..........................................................................................................................................17
5.4.1
Bereavement Leave..............................................................................................................................17
5.4.2
Jury Duty.................................................................................................................................................17
5.4.3
Military Leave.........................................................................................................................................17
5.4.4
Leave of Absence Without Pay............................................................................................................17
5.4.5
Industrial Injury Leave...........................................................................................................................17
5.4.6
Family Medical Leave............................................................................................................................18
5.4.7
Catastrophic Leave................................................................................................................................18
5.4.8
Administrative Leave.............................................................................................................................18
6
TERMS & CONDITIONS OF EMPLOYMENT.............................................................................19
6.1
HOURS OF WORK.....................................................................................................................................19
6.2
OVERTIME.................................................................................................................................................19
6.3
COMPENSATORY TIME POLICY................................................................................................................19
6.3.1
Accrual Limit...........................................................................................................................................19
6.3.2
Overtime Rate........................................................................................................................................19
6.4
PROBATIONARY PERIOD..........................................................................................................................19
6.4.1
Purpose of Probation.............................................................................................................................19
6.4.2
Length of Probationary Period.............................................................................................................19
6.4.3
Rejection During Probation..................................................................................................................19
6.4.4
Notification of Rejection........................................................................................................................20
Local I MOU 2021 - 2024
6.4.5
Extension of Probationary Period........................................................................................................20
6.4.6
Regular Status........................................................................................................................................20
6.4.7
Promotion of Probationary Employee.................................................................................................20
6.4.8
Unsuccessful Passage of Promotional Probation.............................................................................20
6.4.9
Lateral Transfer Probation....................................................................................................................20
6.5
TRANSFERS / REASSIGNMENTS...............................................................................................................20
6.5.1
Types of Transfers.................................................................................................................................20
6.5.2
Minimum Qualifications & Probation...................................................................................................21
6.5.3
Transfer Procedures..............................................................................................................................21
6.6
PERSONNEL RULES & REGULATIONS.....................................................................................................21
6.6.1
Confidential Nature of Personnel Records.........................................................................................21
6.6.2
Confidential Nature of Medical Records.............................................................................................21
6.6.3
Outside Employment Policy.................................................................................................................21
6.6.4
Use of City Vehicle................................................................................................................................22
6.6.5
Safety Policy...........................................................................................................................................22
6.7
MISCELLANEOUS......................................................................................................................................22
6.7.1
Hazardous Materials..............................................................................................................................22
6.7.2
Gratuities / Solicitation of Contributions..............................................................................................22
6.7.3
Return of City Equipment......................................................................................................................22
6.7.4
Political Activity.......................................................................................................................................22
6.7.5
Employment of Relatives......................................................................................................................22
6.7.6
Labor/ Management Meetings............................................................................................................22
6.7.7
Contract Orientation Work Sessions...................................................................................................23
6.7.8
Harassment Policy.................................................................................................................................23
6.7.9
Work Place Conduct..............................................................................................................................23
7
PROCEDURES........................................................................................................................................23
7.1
DEMOTION & SUSPENSION......................................................................................................................23
7.1.1
Demotion.................................................................................................................................................23
7.1.2
Suspension.............................................................................................................................................23
7.2
TERMINATION OF EMPLOYMENT..............................................................................................................23
7.2.1
Resignation.............................................................................................................................................23
7.2.2
Termination - Layoff (Lack of work or funds).....................................................................................24
7.2.3
Termination - Disciplinary Action.........................................................................................................24
7.2.4
Retirement..............................................................................................................................................24
7.2.5
Rejection During Probation..................................................................................................................24
7.3
DISCIPLINARY ACTION.............................................................................................................................24
7.3.1
Notification of Weingarten Rights........................................................................................................24
7.3.2
Right to Discipline & Discharge...........................................................................................................24
7.3.3
Preliminary Notice..................................................................................................................................25
7.3.4
Disciplinary Action and Appeal............................................................................................................25
7.4
GRIEVANCE PROCEDURE.........................................................................................................................25
7.4.1
Definition.................................................................................................................................................25
7.4.2
Procedure................................................................................................................................................26
7.4.3
Arbitration................................................................................................................................................26
7.4.4
General Provisions................................................................................................................................27
7.5
POSITION RECLASSIFICATION..................................................................................................................27
7.5.1
Purpose...................................................................................................................................................27
7.5.2
Policy.......................................................................................................................................................27
7.5.3
Creation of New Position......................................................................................................................27
7.5.4
Reclassification......................................................................................................................................28
7.6
FURLOUGH PROGRAM.............................................................................................................................28
7.6.1
Voluntary Time Off (VTO).....................................................................................................................29
7.6.2
Mandatory Time Off (MTO)..................................................................................................................29
7.7
REDUCTION IN FORCE..............................................................................................................................30
7.7.1
Authority..................................................................................................................................................30
Local I MOU 2021 - 2024 jij
7.7.2
Notice.......................................................................................................................................................30
7.7.3
Order of Layoff.......................................................................................................................................30
7.7.4
Seniority..................................................................................................................................................30
7.7.5
Bumping Rights......................................................................................................................................30
7.7.6
Transfer Rights.......................................................................................................................................30
7.7.7
Layoff Procedure Notification...............................................................................................................31
7.8
RE-EMPLOYMENT.....................................................................................................................................31
7.8.1
General Guidelines................................................................................................................................31
7.8.2
Right to Re-Employment.......................................................................................................................31
7.8.3
Time Limits..............................................................................................................................................31
7.8.4
Availability...............................................................................................................................................31
7.8.5
Probationary Status...............................................................................................................................31
7.8.6
Restoration of Benefits..........................................................................................................................31
LIST OF EXHIBITS
Exhibit A Salary Schedule for July 1, 2021 — June 30, 2024
Local 1 MOU 2021 - 2024 ��•
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
PUBLIC EMPLOYEES UNION AFSCME / LOCAL 1
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, 2021 through June 30, 2024.
As used in this Memorandum of Understanding, the words "days" or "working days" shall be
deemed to mean those days of the week that the City Hall of the City of San Rafael is open for
business, unless there is a specific reference to calendar days.
I GENERAL PROVISIONS
1.1 INTRODUCTION
1.1.1 Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed
upon by the designated bargaining representatives of the City of San Rafael (herein -after called
"CITY") and the Public Employees Union AFSCME / Local 1 (herein -after called "AFSCME /
Local 1") and shall apply to all employees of the City working in the classifications and
bargaining unit set forth herein.
1.1.2 Term of MOU
This agreement shall be in effect from July 1, 2021 through June 30, 2024.
1.2 RECOGNITION
1.2.1 Bargaining Unit
City hereby recognizes AFSCME / Local 1 as bargaining representative for the purpose of
establishing salaries, hours, fringe benefits and working conditions for all employees within the
Bargaining Unit.
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 AFSCME / Local 1 is the recognized bargaining representative for employees
in that classification.
Local 1 MOU 2021 - 2024
1.3 NON-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
orientation, marital status, medical condition or disability. Any employee alleging such
discrimination should use the internal, administrative process explained in the City of San
Rafael's Policy Against Harassment, Discrimination and Retaliation to redress the situation.
Such employees shall be entitled to AFSCME / Local 1 representation but are not entitled to
seek redress using the grievance procedure of this MOU.
1.3.2 Bargaining Unit Discrimination
No member, official, or representative of AFSCME / Local 1 shall, in any way, suffer any type of
discrimination in connection with continued employment, promotion, or otherwise by virtue of
membership in or representation by the Bargaining Unit.
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and AFSCME / Local 1 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.
1.5 EXISTING LAWS, REGULATIONS & POLICIES
This agreement is subject to ail applicable laws of the State of California, ordinances,
regulations, and policies of the City of San Rafael.
1.6 STRIKES & LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out employees, and
AFSCME / Local 1 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 Bargaining Unit 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.
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 satisfactory replacement for such article, paragraph or
section.
1.8 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.
Local 1 MOU 2021 - 2024
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.
2 MMBA
2.1 BARGAINING UNIT RIGHTS
2.1.1 Bargaining Unit Stewards Designation
The Bargaining Unit shall, by written notice to the City Manager, designate certain of its
members as AFSCME / Local 1 Representatives. AFSCME / Local 1 Representatives shall be
permitted reasonable time for Bargaining Unit activities including grievance representation. In
all cases, the Representatives shall secure permission from the Representative's supervisor
before leaving a work assignment. Such permission shall not be unreasonably withheld.
AFSCME / Local 1 Representatives, for salary discussions, shall be in accordance with Meyers-
Milias-Brown Act (MMBA.
2.1.2 Bulletin Boards
Authorized representatives of the Bargaining Unit shall be allowed to post AFSCME / Local 1
notices on specified bulletin boards maintained on City premises.
2.1.3 Union Orientation of New Employees
Whenever the City hires an employee within any classification covered by this Memorandum of
Understanding and represented by the Union, as soon as possible the City will inform the
employee that they are represented by the Union, inform the employee of the terms and
provisions of this Memorandum of Understanding and will provide said employee with a copy of
the current Memorandum of Understanding. The City shall make available up to two hours, at a
mutually agreeable time, during the initial thirty (30) days of employment for new employee
orientation by the Union. In addition, the City will also provide reasonable advance written
notice to the Union of all employee orientations conducted by the City for its members, to
include the date, time, and location of the orientation. Written notice shall be via email.
The Union will be afforded the opportunity to have the Business Agent and/or a bargaining unit
member (City employee) as representatives to meet with the new employee(s). The Union's
new employee orientation will be conducted during regular working hours on paid City time and
at a mutually agreeable time approved by department management. At no time shall the Union's
new employee orientation result in any overtime or additional costs to the City. The Union will
provide the City advance notice of the name(s) of the bargaining unit member(s) who they wish
to attend the orientation.
Local 1 MOU 2021 - 2024 3
2.1.4 Employee Information
The City shall provide the Union with the name, job title, department, work location, work, home
and personal cell phone numbers, home address and personal email address on file with the
City for all employees within the Union every 120 days. In addition, a report with similar
information of each Union new hire will be provided to the Union within 30 days of the hire date.
2.2 DUES DEDUCTION
2.2.1 Collection of Dues
City agrees, upon receipt of a written request by the Bargaining Unit to deduct dues and
voluntary Bargaining Unit deductions selected by members, as established by AFSCME / Local
1, from the salaries of its members. The Bargaining Unit shall notify the City in writing as to the
amount of such dues uniformly required of all members of AFSCME / Local 1. The sums so
withheld shall be remitted by City, without delay, along with a list of employees and their
respective dues and voluntary deductions. The Bargaining Unit bears responsibility for
allocating dues and voluntary deductions pursuant to employees' requests.
The employee's earnings must be regularly sufficient after other legal and required deductions
are made to cover the amount of the dues or service fees check off 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 AFSCME / Local 1 dues.
2.2.2 Dues Collection during Separation from Employment
The provisions specified above (Section 2.2.1.) shall not apply during periods of separation from
the 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 representation by the Bargaining
Unit. The term separation includes transfer out of the Bargaining Unit, layoff, and leave without
pay absences with duration of more than five (5) working days.
2.2.3 Indemnification
Moneys withheld by the City shall be transmitted to the Treasurer (as identified in writing by
AFSCME / Local 1) at the address specified. The Bargaining Unit shall indemnify, defend, and
hold the City harmless against any claims made, and against any suit instituted against the City
on account of check off of employee organization dues or service fees. In addition, the
Bargaining Unit shall refund to the City any amount paid to it in error upon presentation of
supporting evidence.
2.3 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, 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:
1. To manage the City generally and to determine the issues of policy;
2. To determine the existence of facts which are the basis of the management decision;
3. To determine the necessity of any organization or any service or activity conducted by
the City and expand or diminish services;
Local I MOU 2021 - 2024 d
4. To determine the nature, manner, means, technology and extent of services to be
provided to the public;
5. Methods of financing;
6. Types of equipment or technology to be used;
7. To determine and/or change the facilities, methods, technology, means and size of the
work force by which the City operations are to be conducted;
8. To determine and change the number of locations, re -locations 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;
9. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments;
10. To relieve employees from duties for lack of work or other legitimate reasons;
11. 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 MOU;
12. To determine job classifications and to reclassify employees;
13. To hire, transfer, promote and demote employees in accordance with this Memorandum
of Understanding and the City's Rules and Regulations;
14. To determine policies, procedures and standards for selection, training and promotion of
employees;
15. 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;
16. To maintain order and efficiency in its facilities and operations;
17. 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;
18. To take any and all necessary action to carry out the mission of the City in emergencies.
The City and AFSCME / Local 1 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 (MMBA), case law interpreting
said acts, and/or Federal law, the City shall have the duty to meet and confer with the
Bargaining Unit regarding the impact of its decision/exercise of rights.
3 COMPENSATION
3.1 GENERAL WAGES AND COMPENSATION
3.1.1 Pay Dates
City employees are paid twice per month on the 151' and the last working day of the month.
When a holiday falls on a payday, the payday will be transferred to the following day of regular
business unless Finance is able to complete the payroll by the previous work day. The method
of distributing the payroll shall be established by the Finance Director.
3.1.2 General Wage Increase
Prior year contract extension — restoration of 3% base wage: For FY 20-21, all bargaining
groups (except WCE, AFSCME / Local 1, Mid -Management and Executive Management)
received a 3% base wage increase for the 1 -year contract extension, which was implemented
Local I MMU 2021 - 2024
for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which
were projected at that time, resulted in an unintended disparate treatment of the bargaining
groups. WCE, AFSCME / Local 1, Mid -Management and Executive Management did not receive
this same 3% base wage increase for FY 20-21. However, the City is now in a financial position
to "restore" the 3% base wage increase to those groups. The 3% base wage increase will apply
to all AFSCME / Local 1 positions and is reflected in the attached revised salary schedules,
effective on July 1, 2021.
The City shall provide the following salary increases for the listed positions in each year of the
MOU, with Year 1 salary increases to become effective July 1, 2021; or, on the first pay period
after Council's approval — whichever occurs later in time.:
Administrative Assistant to Police Chief, Administrative Assistant to the City Manager and
Senior Administrative Assistant
• 1.6% general salary increase plus 1.9% equity adjustment (3.50% total) in Year(s) 1, 2
and 3
Legal Assistant 1/II
• 1.6% general salary increase plus 1.4% equity adjustment (3.00% total) in Year(s) 1, 2
and 3
Payroll Technician
• 1.6% general salary increase plus .9% equity adjustment (2.50% total) in Year(s) 1, 2
and 3
HR Representative 1/11
• 1.6% general salary increase plus 2.4% equity adjustment (4.00% total) in Year 1
• 1.6% general salary increase plus .9% equity adjustment (2.50% total) in Years 2 and 3
Management Analyst and Associate Management Analyst
• 1.6% general salary increase plus .9% equity adjustment (2.50% total) in Year 1
• 1.6% general salary increase plus .4% equity adjustment (2.00% total) in Years 2 and 3
Principal Accountant and Senior Accountant
• 1.6% general salary increase plus 2.4% equity adjustment (4.00% total) in Year(s) 1, 2,
and 3
Administrative Assistant I and Administrative Assistant II (Confidential)
• 1.6% general salary increase plus 1.9% equity adjustment (3.50% total) in Year 1
• 1.6% general salary increase plus .9% equity adjustment (2.50% total) in Years 2 and 3
3.1.3 One -Time Payment
Effective the pay period including July 1, 2021 or the first full pay period following Council
ratification of a new MOU, whichever occurs later, each employee in the bargaining unit will
receive a one-time payment of $2,250 in exchange for the elimination of the Revenue Sharing
provision from the MOU. This payment will not contribute to Classic or PEPRA employees'
pensions and is subject to normal payroll taxation.
Local I MOU 2021 - 2024
3.1.4 Definitions
Total Compensation shall be defined as: Top step salary (excluding longevity pay steps),
educational incentive pay, confidential pay, holiday pay, uniform allowance, employer paid
deferred compensation (except for such portion that may be part of employee cafeteria plan),
employer's contribution towards employees' share of retirement, employer's retirement
contribution, employer paid contributions toward insurance premiums for health, life, long term
disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.
The CPI shall be the percentage change in the San Francisco -Oakland -San Jose Area All
Urban Consumer index as published by the Bureau of Labor Statistics for the one-year period
ending each October during the term of the contract.
3.1.5 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 in order 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.
3.2 STEP INCREASES
3.2.1 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.
3.2.2 Consideration for Step Increases
An employee may be considered for an annual salary step increase in accordance with their
anniversary date and the parameters of the salary schedule, as referenced in Exhibit A. Unless
otherwise noted, salary schedule increases within established salary ranges are scheduled at
yearly intervals. Advancement 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.
3.2.3 Merit Increases
Accelerated merit performance step increases of five percent (5%) may be granted an
employee based upon the recommendation of the Department Director and approval of 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, either in a
one-time lump sum payment or as a percent increase per paycheck for the designated period of
Local l MMU 2021 - 2024
time. Merit pay awards may be granted in recognition of meritorious performance on complex
special project(s) of significant value to the organization and beyond the scope of regular duties
in response to extraordinary conditions. 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.
3.2.4 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.
3.2.5 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).
3.2.6 Performance Evaluations
Prior to the completion of the probationary period, a minimum of one performance evaluation
report shall be reviewed with the employee, but such report and review shall not be required
prior to separating an employee during the probationary period.
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.
3.3 SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified the incumbent shall be affected as outlined below:
3.3.1 To a Lower Classification
When a position is re -allocated 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.
3.3.2 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.
3.3.3 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 salary
schedule.
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
Local 1 MOU 2021 - 2024
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.
3.4 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. The out -of -
class increase shall be retroactive to the first day of the assignment. If the assignment extends
beyond four consecutive weeks, then the employee shall be compensated at the lower step of
the classification within which the duties fall if that is greater.
3.5 ADDITIONAL PAY
3.5.1 Confidential Pay
Effective 2009, the Confidential Pay incentive for all members is included in the base salary.
3.5.2 Educational Pay
Education Pay is included in the base salary.
3.5.3 Bilingual Pay
Within the job classifications represented by the Bargaining Unit, provisions are hereby
established whereby an employee may receive bilingual pay for full fluency in a foreign
language.
Full fluency is defined as a skill level that will allow the employee to fully assist someone else
who does not speak English in coping with situations or problems by translating for, conversing
with and/or reading or writing written material.
An employee can petition to his/her Department Director for this bilingual pay incentive. With
the Department Director's recommendation and on review by the Human Resources Director
and approval of the City Manager, the employee may begin to receive this bilingual pay
incentive.
Criteria for approval of the bilingual pay incentive by the City Manager include:
a. Certification by a recognized school of the appropriate skill level; and/or
b. Demonstrated ability of the proficiency level on the job; and
c. Department Director's recommendation and statement that the bilingual skill of the
employee can be of value to the department and the employee in the completion of their
regular work assignments.
An employee approved for the bilingual pay incentive shall receive an additional $200.00 per
month above their base salary.
This bilingual pay incentive shall be reviewed annually and as long as the employee
demonstrates (by work experience or re -testing, as determined by the City of San Rafael) the
full fluency skill level; and as long as the Department Director indicates the value of this skill to
the department and the employee in the completion of their regular work assignments.
Removal of the bilingual pay incentive would be considered a non -disciplinary action and as
such would not be subject to any appeal/grievance procedure.
3.5.4 Uniform Allowance
Any AFSCME / Local 1 member required to purchase a uniform to meet departmental
regulations shall be reimbursed for such cost.
Local I MMU 2021 - 2024 4
4 BENEFITS
4.1 EMPLOYEE BENEFITS COMMITTEE
Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of
benefit programs, cost containment and cost savings options. The Committee shall be made up
of representatives of the SEIU, SEIU - Childcare, Police, Police Mid -Management, Fire, Fire
Chief Officers Association, Western Council of Engineers, AFSCME / Local 1, Mid -Management
and Management employees.
4.2 HEALTH & WELFARE
4.2.1 Full Flex Cafeteria Plan
Effective January 1, 2010, the City implemented a Full Flex Cafeteria Plan for active employees,
in accordance with IRS Code Section 125. Active employees participating in the City's Full Flex
Cafeteria Plan shall receive a monthly flex dollar allowance to purchase benefits under the plan.
The monthly flex dollar allowance effective the paycheck of December 15, 2020 shall be:
For employee only: $ 803.50
For employee and one dependent: $1,606.99
For employee and two or more dependents: $1,771.10
Flex dollar allowances shall increase on the December 151 paycheck of each subsequent year up
to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser
Bay Area premium rate increase for the upcoming calendar year.
The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents, an amount not to exceed the California Public Employees' Medical and Hospital
Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of
the monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. The
balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be
used in accordance with the terms of the cafeteria plan to purchase health benefits or may be
converted to taxable income.
Conditional Opt -Out Arrangement: An employee may elect to waive the City's health
insurance coverage and receive a $300 monthly Opt -Out payment in accordance with the terms
of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following
conditions:
1) The employee certifies that the employee and all individuals in the employee's tax
family for whom coverage is waived have alternative Minimum Essential Coverage
as defined by the Patient Protection and Affordable Care Act through a provider
other than a federal marketplace, a state exchange, or an individual policy.
2) During the City's annual open enrollment period, the employee must complete an
annual written attestation confirming that the employee and the other members of
the employee's tax family are enrolled in alternative Minimum Essential Coverage.
The employee agrees to notify the City no later than 30 days if the employee or
other member(s) of the employee's tax family lose coverage under the alternative
Minimum Coverage Plan.
3) The employee understands that the City is legally required to immediately stop
conditional opt -out payments if City learns that the employee and/or members of
the employee's family do not have the alternative Minimal Essential Coverage.
Local I MOU 2021 - 2024 10
The City reserves the right to modify at any time, the amount an employee is eligible to receive
under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation, or Federal
and/or California agency guidance.
The City shall be responsible for paying premiums for a life insurance and Accidental Death and
Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a
$5,000 life insurance and a $5,000 AD&D benefit.
The City shall be responsible for paying premiums for a Long -Term Disability Policy for each
employee that satisfies the eligibility provisions of the long-term disability policy. The Long -Term
Disability policy shall provide for salary replacement of 66.67% of an individual's salary up to a
maximum disability benefit of $1,000 per month.
4.2.2 Retirees Health Insurance
Employees represented by AFSCME / Local 1 who retire from the Marin County Employees'
Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position
(and who comply with the appropriate retirement provisions under the MCERA laws and
regulations) are eligible to continue in the City's retiree group health insurance program offered
through PEMHCA. The City's contribution towards retiree coverage shall be the PEMHCA
minimum contribution as determined by CalPERS on an annual basis.
a. Employees hired on or before January 1, 2010. The City shall make a monthly retiree
health insurance payment into a Retiree Healthcare Reimbursement Trust (Retiree HRA
Trust) on behalf of employees hired before January 1, 2010 and who retire from the City
of San Rafael as described in this Section. The City's total payment, which includes the
PEMHCA minimum contribution, shall not exceed $659 per month. The City's retiree
health contribution shall continue for the lifetime of the retiree and retiree's spouse, in
accordance with PEMHCA eligibility provisions for coverage.
Employees receive the pro -rated amount based on their status at the time of retirement.
For example: if an employee works parttime and retires while working part-time, then the
employee receives a pro -rated contribution based on the employee's parttime status at
the point of retirement.
Employees hired on or after January 1, 2010 and who meet the eligibility
requirements for retiree health insurance are eligible to continue in the City's group
health insurance program. The City's maximum contribution towards retiree coverage
under this subsection 4.2.2.b, shall be the PEMHCA minimum contribution as
determined by CalPERS on an annual basis. The City shall not be responsible for
making any contributions towards the cost of coverage of the retiree's spouse, registered
domestic partner, or dependents upon the employee's retirement from the City in excess
of the PEMHCA minimum contribution as required by CalPERS.
The City shall additionally make available a retiree health care trust to enable these
employees (hired on or after January 1, 2010) to prefund retiree health care premiums
while employed by the City. The retiree health care trust shall be funded by annual
conversion of 50 hours of sick time in service on July 1 of each year, provided an
employee has a remaining balance of 125 hours of sick leave time after the conversions.
4.2.3 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: a) pro -rated leave benefits; b) a
pro -rated share of the monthly dollar contribution made by the City to be used for enrollment in
City offered group health, life, and long term disability insurance plans which the employee may
Local 1 MOU 2021 - 2024 1 1
be eligible for based upon the regular hours the employee works, and c) pro -rated share shall
be equivalent to the part time employee position's ratio of hours worked to full time equivalency.
4.2.4 Health and Dependent Care Spending Accounts
City will offer as part of its Section 125 Plan, for as long as such a plan is desired by AFSCME /
Local 1 and available pursuant to the IRS Code, Health and Dependent Care Spending
Accounts. The Flexible Spending Accounts offered by the City include:
a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the
IRS Code effective January 1, 2003 at IRS Code limit, not to exceed $2,500. Employees
are responsible to pay the monthly administrative fee and any increase established by
the third -party administrator.
b. Dependent Care Spending Account: Dependent care expenses that qualify under the
IRS Code at the IRS Code limit (currently $5,000). Employees are responsible to pay
the monthly administrative fee and any increase established by the third -party
administrator.
c. Premium Only Plan: Excess Medical premiums shall be deducted from employee's pay
with pre-tax dollars as long as such deduction is allowable under the applicable IRS
Code.
The City shall establish an annual enrollment period and each employee must re -enroll annually
for either plan noted in a. and/or b. above. The City shall have the authority to implement
changes to the 125 Programs to comply with changes in applicable IRS laws without having to
go through the meet and confer process.
4.2.5 Health Insurance Providers
The City shall have the option, after meeting and consulting with representatives of AFSCME /
Local 1, of either contracting with the Public Employees Retirement System (PERS) Health
Benefits Division for health insurance or contracting directly with some or all of the providers of
health insurance under the PERS program; provided, however, contracting directly with the
providers shall not cause any material reduction in insurance benefits from those benefits
available under the PERS program.
4.3 DENTAL PLAN
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). The dental provider will provide payments for covered
services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each
enrollee in each calendar year.
Dental insurance enrollment will be available to part time, permanent employees working at
least 20 hours per week (FTE level of position). The City's contribution towards the monthly
dental insurance premium will be prorated based on the FTE level of the part time employee.
4.4 VISION PLAN
The City will contract for and pay for a vision plan for employee only vision benefits. Employees
will be eligible to enroll qualified family members and will pay the premium for such enrollment.
Local I MOU 2021 - 2024 12
4.5 RETIREMENT CONTRIBUTION
4.5.1 Member Contribution
AFSCME / Local 1 members shall pay the full share of the employee's contribution to the Marin
County Retirement System.
Effective when feasible in accordance with MCERA and City administrative requirements all unit
employees will pay an additional contribution of one percent (1%) of pensionable compensation
toward the normal cost of pension provided by the Marin County Employees Retirement
Association, in addition to the current employee contribution towards pension as determined by
MCERA.
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.
4.5.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 2.7% at 55 -
retirement program to all eligible AFSCME / Local 1 members, as defined under the 1937 Act
Government Code Section 31676, subject to Marin County Employee Retirement Association
procedures and regulations and applicable 1937 Act laws that govern such plans. This is based
on an employee's single highest year of compensation.
Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the
formula 2% at 55, calculated based on the average of their highest three years of
compensation, in accordance with MCERA regulations. The annual pension adjustment shall
be a maximum of 2% COLA. Minimum retirement age is 55.
Employees hired by the City on or after January 1, 2013 who are defined as "new members" of
MCERA in accordance with the Public Employees' Pension Reform Act (PEPRA) of 2013, shall
be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members.
Final compensation will be based upon the highest annual average compensation earnable
during the thirty-six (36) consecutive months of employment immediately preceding the effective
date of his or her retirement or some other period designated by the retiring employee.
4.5.3 Member Cost of Living Rates
AFSCME / Local 1 members who are eligible to participate in the Marin County Employee
Retirement Association will pay their full share of members' cost of living rates as allowed under
Articles 6 and 6.8 of the 1937 Retirement Act. AFSCME / Local 1 member contribution rates
include both the basic and COLA portions (50% of COLA is charged to members as defined in
the 1937 Act).
4.5.4 Pension Committee
A representative of the Union will participate in the City-wide pension committee.
4.6 STATE DISABILITY INSURANCE (SDI) AND PAID FAMILY LEAVE (PFL)
Employees will have the full premium cost for SDI or PFL coverage automatically deducted from
their paycheck 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 SDI or PFL. With this notification, SDI or PFL benefits, as determined by the State, shall be
integrated with accrued sick and vacation leave.
Local 1 MMU 2021 - 2024 13
4.7 DEFERRED COMPENSATION
Effective simultaneously with the increase in employee contribution by one percent (1%) to be
contributed toward the normal cost of pension benefits provided by MCERA as described in
Article 4.1.4, the City will contribute one percent (1%) of pensionable compensation toward a
City -provided deferred compensation plan.
The City will make an additional contribution equivalent to one and six hundredths percent
(1.06%) of base pay into a City -provided deferred compensation plan for each member of the
unit to be paid in installments on a pay period basis following agreement.
4.8 GYM REIMBURSEMENT
Employees are eligible to receive up to $16.50 per month reimbursement for paid gym
membership. Such reimbursement shall be processed annually and reported as taxable income
to the employee.
4.9 BENEFIT REOPENER
The City may reopen negotiations during the term of this Agreement to meet and confer on a
replacement health, dental and life insurance/AD&D plan provider.
5 LEAVES
5.1 SICK LEAVE
5.1.1 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
Director according to department Rules and Regulations at the beginning of his/her daily duties.
The City has the right to request medical verification from an employee who is absent from
his/her duties for three (3) or more consecutive work days.
5.1.2 Sick Leave Accrual
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 any amount, but a cap exists for payoff purposes (see Section 5.1.6). The sick leave accrual
rate is prorated for eligible part time employees.
5.1.3 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 of the employee or illness within the immediate family (family member
means an employee's spouse, registered domestic partner, sibling, parent, parent -in-
law, grandchild, grandparent and any unmarried child, including adopted child, a
stepchild, or recognized natural child who lives with the employee in a regular parent-
child relationship), or physical incapacity of the employee resulting from causes beyond
the employee's control; or
2. Enforced quarantine of the employee in accordance with community health regulations;
or
3. Medical appointments that cannot be scheduled during non -working hours shall be
charged to sick leave.
Local 1 MOU 2021 - 2024 14
4. Personal illness of an employee's parent that requires the employee to attend to their
care.
5.1.4 Advance of Sick Leave
Whenever circumstances require, and with the approval of the City Manager, sick leave may be
taken in advance of accrual up to a maximum determined by the City Manager, provided that
any employee separated from the service who has been granted sick leave that is un -accrued at
the time of such separation shall reimburse the City of all salary paid in connection with such
un -accrued leave.
5.1.5 Service Credit for Sick Leave
Employees who retire from the City of San Rafael within 120 days of leaving City employment
(excludes deferred retirements) shall receive employment service credit for retirement purposes
only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are
eligible to receive and they elect to receive in compensation for at the time of retirement (see
Section 5.1.6).
Employees hired on or after July 1, 2009 are not eligible to receive employment service credit of
all accrued, unused sick leave for retirement purposes.
5.1.6 Compensation for Unused Portion
Upon termination of employment by resignation, retirement or death, a regular employee who
leaves the City service in good standing shall receive compensation for all accumulated unused
sick leave based upon the following formula: a rate of three percent (3%) for each year of
service (i.e., 3% times number of employment service years). The maximum number of
accumulated, unused sick leave an employee may be compensated for upon termination of
employment is 600 hours. See Section 5.1.5 regarding service credit option for accumulated,
unused sick leave that the employee is not compensated for upon termination.
5.2 VACATION LEAVE
5.2.1 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 Director.
5.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full-time employee
(part time regular are prorated) shall accrue vacation at the following rate for continuous service.
Each service year in the chart begins on the first working day and ends on the last day of the
service year:
Service Year
Annual Hours
Hours Per Month
1
75.000 hours
6.2500
2
75.000 hours
6.2500
3
75.000 hours
6.2500
4
112.500 hours
9.3750
5
117.867 hours
9.8222
6
123.234 hours
10.2695
Local 1 MOU 2021 - 2024
7
128.601 hours
10.7167
8
133.968 hours
11.1640
9
139.335 hours
11.6110
10
144.702 hours
12.0580
11
150.000 hours
12.5000
12
157.500 hours
13.1250
13
165.000 hours
13.7500
14
172.500 hours
14.3750
15
180.000 hours
15.0000
16 plus
187.500 hours
15.6250
When an employee is on an approved leave without pay, vacation accrual is prorated based
upon paid hours in the pay period.
5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Department Director, may advance
vacation credits to any permanent regular and permanent part time employee.
No employee may accrue more than 250 hours. Vacation accruals will resume once the
employee's accumulated vacation balance falls below the allowable cap limit.
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 Director 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 falls within an annual vacation leave, the
vacation hours that shall be charged against any employee's accrued vacation shall be those
hours that the employee is regularly scheduled to work.
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.
5.2.4 Vacation Cash -In
An employee who has taken at least ten (10) days of vacation in the preceding twelve (12)
months may request 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
cannot cash in more than seven (7) days of vacation in any one twelve (12) month period.
5.3 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 1s1
The third Monday in January
The third Monday in February
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
Local I MOU 2021 - 2024 16
March 31't
Cesar Chavez Day
The last Monday in May
Memorial Day
July 411
Independence Day
The first Monday in September
Labor Day
November 111h
Veteran's Day
The fourth Thursday in November
Thanksgiving Day
The fourth Friday in November
Day after Thanksgiving
December 25t1
Christmas Day
In addition to designated holidays, employees in this Bargaining Unit receive two (2) floating
holidays. Floating holidays not used are added to employee's vacation balance.
5.4 OTHER LEAVE
5.4.1 Bereavement Leave
In the event of the death of an employee's spouse, registered domestic partner, child, parent,
parent -in-law, sibling, grandparent, grandchild or 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 five (5) days 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 Director as part of the request for bereavement
leave.
5.4.2 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.
5.4.3 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 and the Department Director an opportunity, within the limits of military
regulations, to determine when such leave shall be taken.
5.4.4 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.
5.4.5 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 Human
Resources Department coordinates benefits for Worker's Compensation claims. For further
information, see the City's Workers' Compensation policy located on the Intranet at
https://intranet.cityofsanrafael.org.
Local 1 MOU 2021 - 2024 17
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 are entitled to all benefits allowed them by the Workers' Compensation Insurance and
Safety Act of the State of California.
Temporary disability payments (TD) are made to all employees (full and part-time) when a
physician reports an employee is unable to perform their job duties due to an industrial injury
and the City cannot accommodate the restrictions mandated by their physician. TD is set by
State law and is approximately two-thirds of full salary with state -mandated minimums and
maximums. For full-time, regular employees, however, the City augments TD payments with
salary continuation, as follows:
Workers 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.
Sick Leave Usage Post Industrial Injury/Illness
The following rule applies to employees who have an accepted industrial injury/illness: Available
accrued sick leave cannot be used for more than 60 calendar days after one of the following has
been determined:
a. The employee has reached maximum medical improvement and/or has been
determined "permanent and stationary."
b. The employee has been determined to be unable to return to their usual and customary
occupation, with or without reasonable accommodation.
Given the above has occurred next steps would include:
a. The interactive process; attempt to locate other appropriate employment within the City
b. If none available proceed with termination process, including disability retirement
application and/or Skelly process, if appropriate.
5.4.6 Family Medical Leave
Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993
and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the
employee's Department Director for approval and reviewed by the Human Resources Director for
consistency with the law prior to approval. Employees approved for this type of leave must use
appropriate accrued and unused vacation leave and/or compensatory time before going on leave
without pay status. Accrued and unused sick leave may be used if appropriate and requested.
Sick leave usage is to be consistent with sick leave provisions of the MOU. To be eligible for this
family leave benefit, an employee must have worked continuously for the City of San Rafael for at
least 12 months and have worked a minimum of 1250 hours in the previous 12 -month period. For
details, please see the City's FMLA policy located on the Intranet at
haps:Hintranet.cityofsanrafael.org.
5.4.7 Catastrophic Leave
Catastrophic Leave shall be in accordance with the City-wide Catastrophic Leave Policy located
on the City's Intranet at https:Hintranet.citVofsanrafael.orq.
5.4.8 Administrative Leave
Employees filling positions designated as exempt from overtime shall receive five (5) days of
Administrative Leave each calendar year subject to the approval of the Department Director and
the City Manager. Unused Administrative Leave shall not carry over from one calendar year to
Local I MOU 2021 - 2024 18
the next, nor shall unused Administrative Leave Balances be paid to an exempt confidential
employee upon his/her resignation.
6 TERMS & CONDITIONS OF EMPLOYMENT
6.1 HOURS OF WORK
The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all represented job
classes. Unless otherwise designated, the normal business hours for vacation, sick and
administrative leave deduction and sick and administrative leave accrual purposes shall be 7.5
hours per day.
6.2 OVERTIME
Overtime shall mean actual time authorized and worked beyond thirty-seven and one half (37.5)
hours in the regular work 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 Director.
Each Department Director shall have the authority to designate certain job classifications for
mandatory overtime in emergencies. In the event the Department Director determines that
there is a staffing need during an emergency, the Department Director shall first make a
reasonable effort to seek qualified volunteers to work overtime during the emergency. If the
Department Director determines that there are an insufficient number of volunteers, or if time
constraints prevent the soliciting of volunteers, the Department Director may order employees in
the designated classifications to report to work in overtime status to address the emergency.
6.3 COMPENSATORY TIME POLICY
With the Department Director's approval, compensatory time, in lieu of overtime pay, may be
taken subject to the following rules:
6.3.1 Accrual Limit
Employees may accrue up to 125 hours of compensatory time after which said employee must
accept overtime pay in lieu of accruing additional compensatory time.
6.3.2 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 Section 6.3.1.
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.
6.4 PROBATIONARY PERIOD
6.4.1 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.
6.4.2 Length of Probationary Period
The probationary period on original and promotional appointment shall be for one (1) year.
6.4.3 Rejection During Probation
During the probationary period an employee may be rejected at any time by the Appointing
Authority without the right of appeal.
Local I MOU 2021 - 2024 19
6.4.4 Notification of Rejection
On determining that a probationary employee's work is not satisfactory, the Appointing Authority
shall notify the Human Resources Director in writing of his/her intention to terminate the
employee. After discussion with the Human Resources Director, the Appointing Authority shall
notify employee in writing of his/her rejection.
6.4.5 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.
6.4.6 Regular Status
Regular status shall commence with the day following the expiration date of the probationary
period.
6.4.7 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.
6.4.8 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.
6.4.9 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
Section 6.4.8.
6.5 TRANSFERS / REASSIGNMENTS
6.5.1 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.
Local I MMU 2021 - 2024 �Q
c. Voluntary Transfers.
An employee may make a written request for transfer to the Human Resources Director 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 Director(s) and the
approval of the City Manager.
6.5.2 Minimum Qualifications & Probation
Any persons transferred to a different position shall possess the minimum qualifications for the
position.
6.5.3 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 Directors, involved, unless such
a transfer is ordered by the City Manager for purpose of economy or efficiency.
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 Human Resources Department. As vacancies occur, transfer candidates may
receive consideration along with those on the eligibility list.
6.6 PERSONNEL RULES & REGULATIONS
AFSCME / Local 1 agrees to accept the City's Personnel Rules and Regulations.
6.6.1 Confidential Nature of Personnel Records
All personnel records and files and examination materials are confidential. The Human
Resources Director shall take all necessary steps to protect the confidentiality of those
materials. Disclosure of such records shall be governed by the Public Records Act,
Government Code Sections 6250, et. seq. Individual employees may review their official
personnel file maintained by Human Resources Department 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.
6.6.2 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 Human Resources Department. Disclosure of such records shall be governed by the Public
Records Act, Government Code, Section 6250, et. seq.
6.6.3 Outside Employment Policy
AFSCME / Local 1 members should refer to the City wide Policy on outside employment,
located on the City's Intranet(https://intranet.cityofsanrafael.org) for policies and procedures
related to outside employment.
Local I MOU 2021 - 2024 '� I
6.6.4 Use of City Vehicle
At the discretion of the Department Director, a AFSCME / Local 1 employee may be assigned a
City vehicle for job related duties during regular working hours. Only in emergency conditions
will an employee be allowed to take a City vehicle home and only with prior approval of the
Department Director.
6.6.5 Safety Policy
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.
6.7 MISCELLANEOUS
6.7.1 Hazardous Materials
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 Materials Coordinator for
the City of San Rafael.
It is understood and agreed by both parties that employees represented by AFSCME / Local 1
do not 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.
6.7.2 Gratuities / Solicitation of Contributions
Gratuities and solicitation of gratuities shall be governed by the City's Personnel Rules and
Regulations.
6.7.3 Return of City Equipment
Upon termination of employment, all tools, equipment, and other City property assigned to an
employee shall be returned.
6.7.4 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and
Federal Law.
6.7.5 Employment of Relatives
Employment of relatives shall be governed by the City's Personnel Rules and Regulations.
6.7.6 Labor/ Management Meetings
During the term of the Agreement, the City and the Bargaining Unit agree that consultation
meetings may contribute to improved employer-employee relations. Issues relating to the
usage of volunteers and temporary/part-time/seasonal employees, promotional opportunities
and the implementation of safety programs will serve as a basis for initial agenda items to be
discussed and acted upon.
The committee shall be comprised of two (2) AFSCME / Local 1 representatives and three (3)
representatives from City Management. The parties agree that committee members may
change depending on the subject matter.
Local I MOU 2021 - 2024 77
Meetings may be requested by either party. The party requesting the meeting shall submit a
proposed agenda and the receiving party shall acknowledge and confirm the date, time and
location of the requested meeting. It is intended that the subject matter will not include issues
subject to Article 7.4 Grievance Procedures.
6.7.7 Contract Orientation Work Sessions
The City and the Bargaining Unit agree that the individuals having responsibility for the
enforcement of the Agreement, AFSCME / Local 1 Representatives and Department
Directors/Supervisors, shall participate in an Annual Contract Orientation Work Session for the
purpose of obtaining a better understanding of the provisions of the contract. These work
sessions shall be held on City time and facilities.
6.7.8 Harassment Policy
Employees shall adhere to the City's Policy against Harassment, located on the City's Intranet
(https://i ntranet.cityofsanrafael.org ).
6.7.9 Work Place Conduct
Employees, managers and supervisors will treat each other, regardless of position or
profession, with dignity, courtesy, trust and respect. Disputes over the interpretation or
application of this section will not be subject to the arbitration process of this agreement.
7 PROCEDURES
7.1 DEMOTION & SUSPENSION
7.1.1 Demotion
The Appointing Authority may demote an employee when the following occurs:
a. The employee FAILS to perform his/her required duties.
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. 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 Human Resources Department.
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 Article 7.3, "Disciplinary Action."
7.1.2 Suspension
The Appointing Authority may suspend an employee from a position at any time for a
disciplinary purpose. The intended suspension action shall be reported immediately to the
Human Resources Director, and shall be taken in accordance with Article 7.3, "Disciplinary
Action".
7.2 TERMINATION OF EMPLOYMENT
7.2.1 Resignation
An employee wishing to leave 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 the Human Resources Department.
Local l MOU 2021 - 2024 1-3
7.2.2 Termination - Layoff (Lack of work or funds)
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.
The City will not layoff any employees in the bargaining unit between July 1, 2011 and
December 31, 2011, unless the City is subject to significant revenue reduction (a reduction of
one percent (1%) or more in General Fund revenue) due to state cuts or reduction in other
revenue sources.
7.2.3 Termination - Disciplinary Action
An employee may be terminated at any time for disciplinary action, as provided in Article 7.3,
"Disciplinary Action".
7.2.4 Retirement
Retirement from 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.
7.2.5 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.
7.3 DISCIPLINARY ACTION
7.3.1 Notification of Weingarten Rights
The City will inform all members of their rights to Union representation (Weingarten Rights) prior
to any meetings in which disciplinary action may be a result.
7.3.2 Right to Discipline & 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
Local I MOU 2021 - 2024 24
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 inimical to the public service; inability or refusal to provide medical
statement on cause of illness or disability.
7.3.3 Preliminary Notice
A non -probationary employee shall receive a preliminary written notice from the employee's
Supervisor 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.
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 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action
shall be imposed until the Department Director 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 with the steps for appeal in the Grievance Procedure.
7.3.4 Disciplinary Action and Appeal
After hearing the response of the employee, the Department Director may order that the
proposed disciplinary action or modification thereof be imposed. Such notification shall be
issued in writing within 10 days of the meeting.
If the employee elects to appeal the Department Director action, he/she may request a
confidential settlement conference with the City Manager. Participation in the confidential
settlement conference shall be voluntary. For pre -termination disciplinary action, the decision of
the City Manager shall be final and binding.
For disciplinary discharges only, if the matter is still unresolved after the confidential settlement
conference, the employee shall notify the City within ten (10) days that the discharge is
appealed to Step 4 (Arbitration) of the Grievance Procedure. The discharge appeal shall then
proceed in accordance with the Grievance Procedure.
7.4 GRIEVANCE PROCEDURE
7.4.1 Definition
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.
2. Day shall mean any day 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 AFSCME / Local 1
on the behalf of a group of employees or AFSCME / Local 1 on its own behalf on matters
involving the City and AFSCME / Local 1 relationship.
Time limits begin with the day following the event causing the grievance or the day
following receipt of a grievance decision.
Local I MMU 2021 - 2024 -)5
7.4.2 Procedure
Step 1
Within seven (7) working 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) working
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 Director within five working (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 Director shall confer with
the grievant and within ten (10) working 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)
working 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) working days, thereafter, respond to the allegations in
writing.
Step 4
If the grievance remains unresolved after Step 3, the Bargaining Unit may give written notice
to the City's Human Resources Department within ten (10) working days after receipt of the
response in Step 3; notify the City that AFSCME / Local 1 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. The selection process will include a review of the arbitrator's availability for the
hearing. 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.
7.4.3 Arbitration
The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence
presented by the parties. The hearing should be held within 60 calendar days of the selection of
the arbitrator. 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/she may call, recall and examine witnesses, as she/she deems
proper.
The burden of proof shall be upon AFSCME / Local 1 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, AFSCME / Local 1 and any employee(s) involved in the grievance or
disciplinary discharge.
Local 1 MOU 2021 - 2024 16
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 matters, whether the City allegations are accurate
and the appropriateness of the disciplinary discharge.
The fees and expenses of the arbitrator shall be shared equally by AFSCME / Local 1 and the
City. All other expenses shall be borne by the party incurring them. The cost of the services for
the 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.
7.4.4 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
AFSCME / Local 1 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 within the specified time limits, the grievance
shall, at the request of AFSCME / Local 1, be moved to the next step of the procedure.
If AFSCME / Local 1 or a grievant fails to process or appeal a grievance within the
specified time limits, the matter shall be deemed withdrawn with prejudice. 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 Human Resources Department 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, AFSCME / Local 1 Representative or any
management official involved in responding to the grievance shall automatically extend
the time limits by the same number of days of absence.
7.5 POSITION RECLASSIFICATION
The process by which an individual position may be audited to review the appropriateness of its
classification is provided in this Article.
7.5.1 Purpose
This administrative procedure shall establish consistent guidelines for the creation and/or review
of a position's job classification.
7.5.2 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).
7.5.3 Creation of New Position
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.
Local 1 MOU 2021 - 2024 27
2. Completed forms shall be submitted to the City's Human Resources Department.
3. Human Resources Department 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.
7.5.4 Reclassification
The Appointing Authority or their designee or an incumbent of a position or AFSCME / Local 1
on behalf of an employee 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 Human Resources Department
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 Human Resources Director within ten (10) days of receipt.
3. The Human Resources Director shall ensure the review (audit) of the employee's
position is completed within sixty (60) calendar days of receipt of the request in the
Human Resources Department.
4. Based upon the analysis and evaluation of a position, the Human Resources
Department 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 Human Resources Department.
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 of 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.
7.6 FURLOUGH PROGRAM
Both the City of San Rafael and AFSCME / Local 1 recognize the unpredictable shifts in funding
that affect City finances. Through this recognition and in a cooperative spirit the City of San
Rafael and AFSCME / Local 1 have worked expeditiously on the development of a Furlough
Program. This Agreement does not mean the City will necessarily implement furloughs; but in
the event it is necessary to implement due to continued economic problems in the City of San
Rafael, the City shall meet and consult with the Bargaining Unit at least 60 days prior to
implementation of the Furlough Program. The procedures for this Furlough Program shall
Local 1 MOU 2021 - 2024 7$
provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein
described as MTO).
7.6.1 Voluntary Time Off (VTO)
The needs of the City and the respective departments (as determined by the Department
Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO
time granted and the resulting savings will have a corresponding impact on the time needed
through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an
employee needed to take during the fiscal year.
2. An employee selecting at least a 5% reduction of hours through the VTO would receive
"float days" as described in Section 7.6.2, item 4.b.
3. Employees who take VTO at a time other than when MTO is taken by other employees
will have to take vacation leave, compensatory time off or leave without pay if the MTO
results in the closure of the department.
4. Employees will be allowed to exceed a 5% reduction of hours through the VTO with
review of the Department Director and approval of the City Manager and such approval
shall be revocable should the City determine that the impact of the absence can not be
absorbed by the Department. Prior to revoking approval, the City will contact the
employee and review pertinent information which would impact the employee's ability to
return to work. Should the City need to remove additional VTO, such removal would be
considered a non -disciplinary action and would not be subject to any appeal/grievance
procedure.
7.6.2 Mandatory Time Off (MTO)
MTO will be taken by the employee during the MTO period when feasible in their respective
department (as determined by the Department Director and City Manager) and after
consultation with AFSCME / Local 1.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for
holidays. MTO time will not impact health, dental and life insurance benefits. At this time
MTO time will not impact Marin County retirement calculations of average compensation
or service credit as the City and employee will continue to fund the full amounts. If the
Marin County Retirement Association changes its policy on this, the City will, effective
the first of the month following notice from the Marin County Retirement Association,
make the necessary change in the program's administration to correspond with the
change in the policy.
3. MTO time shall apply toward time in service for step increases and completion of
probation.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%) reduction in work
hours/pay for the fiscal year. When the maximum MTO reduction (5%) is
implemented, the involved employee shall be credited with three (3) days of float
time.
b. Float time accrued through the MTO Program must be taken in the next fiscal year
following the furlough, with supervisory approval or the leave will be forfeited. The
float days have no cash value upon termination of employment. If an employee is
laid off before having the opportunity to take unused furlough induced float time, said
Local I MOU 2021 - 2024 7 g
employee would be eligible to take the unused float time during the thirty -day layoff
notice period.
c. Should the City of San Rafael experience a financial windfall during the fiscal year
that furloughs are implemented, the City and AFSCME / Local 1 agree to re -open
negotiations on this Furlough Plan.
7.7 REDUCTION IN FORCE
7.7.1 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.
7.7.2 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 notified.
7.7.3 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 classification. In
effecting the preceding order, a part-time permanent employee with more seniority can displace
a full time permanent employee.
7.7.4 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 classification (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) is equal, departmental seniority shall be determinative.
c. If all of the above factors are equal, the date 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.
7.7.5 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 in 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.
7.7.6 Transfer Rights
The Human Resources Director 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 eligibility for such transfer will be the period of notification as provided in Section
7.7.3, but no longer than the effective date of such layoff or reduction.
Local I MOU 2021 - 2024 30
7.7.7 Layoff Procedure Notification
Once the decision has been made to reduce the workforce per this MOU, the City will meet with
the Bargaining Unit to review and receive feedback on the procedure to be used to inform and
process the lay-offs. The information gained in this meeting from the Bargaining Unit by the City
will be advisory and non-binding.
7.8 RE-EMPLOYMENT
7.8.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re -appointment to the same or
similar 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.
7.8.2 Right to Re -Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held,
shall, in writing, be offered re -appointment 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.
7.8.3 Time Limits
Should the person not accept the re -appointment 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.
7.8.4 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.
7.8.5 Probationary Status
Employees re -appointed 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 re -appointment.
7.8.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave
of 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.
Local 1 MMU 2021 - 2024 31
AFSCME / Local 1:
Li a s, Business Agent
AFSC E / Local 1
CITY OF SAN RAFAEL:
Tim Davis, Lead Negotiator
Attorney, Burke Williams Sorensen
Rhonda Castelluccl, HR Representative II Sylvia Gonzalez Iton, HR Operations Manager
AFSCME / Local 1
La acne Gittens, Legal Assistant II
AFSCME / Local 1
Anita Rose, Adm'nistrative Assistant to
the Police Chief, AFSCME / Local 1
Date
Local i MOU 2021 - 2024
Nomas Wong, Ana
Date
7/29/21
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Side Letter Between
AFSCME / Local 1 (Local 1)
and
The City of San Rafael
July 19, 2021
In response to the global COVID-19 pandemic that began in the spring of 2020, the City of San
Rafael declared a local state of emergency. Additionally, and in accordance with Governor Gavin
Newsom's Executive Order(s), which severely curtailed and/or outright closed commercial
establishments, the City temporarily closed its offices for an undetermined amount of time and
established remote work options for its non-public safety workforce in order to continue serving the
needs of the community. The City utilizes the services of HDI. to provide sales tax forecasts and tax
revenue projections. HDL advised the City in the Spring of 2020, that it should be prepared for
unprecedented financial losses, in an amount upwards of $12M over the next 18 months. In
anticipation of these dire financial circumstances, the City exercised its management rights under
MOU section 7.6 and implemented a Citywide furlough for all non -safety positions. Based on the
best financial projections available at the time, it was necessary and prudent to implement the
furlough in order to avoid the need to implement reductions in force in the future.
Two significant things changed during fiscal ),car 20-21:
1. In the fall of 2020, the ]Measure 11 passed, which is expected to increase the City's annual
sales tax revenues by approximately 54M, which the City will begin receiving at the end of
FY 20-21, and
In the first quarter of 2021, IIDI: s sales tax revenue forecasts significantly changed for the
better and the revenue losses initially expected due to the pandemic, luckily did not
materialize.
Based on the two above changes in financial condition, the City is projecting a financial surplus for
fiscal year 20-21, therefore the City is willing to issue repayments to employees who were furloughed
over the last year. The City is pleased that it is in the financial position to do so.
The circumstances that make it possible for the City to reimburse employees for the furlough at this
time are extremely unique in nature. The City retains the management right under MOU section 7.6
in the future to implement a furlough if needed. The City docs not commit to any future
reimbursement of the furlough monies and considers this one-time offer to reimburse the FY 20-21
as non -precedential. Thus, the City now grants to each employee in the bargaining group a one-time
re -payment equal to the amount they would have received had the furlough not occurred. In
exchange for receiving these funds, employees will not be entitled to 3 days of float under MOU
section 7.6.2 subsection 4.
The furlough repayment amount for each employee will be calculated based on their individual
actual furlough reduction amounts that were deducted from each employee's paycheck during FY
20-21. The furlough repayment amounts range from approximately $2,000 - $2,700, depending upon
the individual position. The City already made MCERA pension contributions on each employee's
regular (non -furloughed) payroll amount each pay period during FY 20-21, therefore the City will
not make any additional contributions to Classic or PEPRA employees' pensions and it is subject to
AFSCME / Local 1:
CITY OF SAN RAFAEL:
Lia s, Business Agent Tim Davis, Lead Negotiator
AFSC E I Local 1 Attorney, Burke Williams Sorensen
Rhonda Castelluccl, HR Representative II Sylvia Gonzalez ton, HR Operations Manager
AFSCME / Local 1
La acne Gittens, Legal Assistant II
AFSCME / Local 1 _
Anita Rose, Adm nistrative Assistant to
the Police Chief, AFSCME l Local 1
Date
Local I MOU 2021 - 2024
homas�Wong, Ana
Date