HomeMy WebLinkAboutHR San Rafael Police Mid-Management Association MOU 2021-2024MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION
JULY], 2021- JUNE 309 2024
TABLE OF CONTENTS
1 GENERAL PROVISIONS......................................................................................................................
I
1.1.
INTRODUCTION...........................................................................................................................................
1.1.1.
Scope of Agreement...........................................................................................................................
l
1.1.2.
Term of MOU.......................................................................................................................................I
1.2.
RECOGNITION.............................................................................................................................................1
1.2.1.
Bargaining Unit....................................................................................................................................1
1.3.
NON-DISCRIMINATION................................................................................................................................1
1.3.1.
In General.............................................................................................................................................1
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.....................................................................................2
1.9.1.
Understanding.....................................................................................................................................2
1.9.2.
Waiver & Modification.........................................................................................................................2
2 MMBA...........................................................................................................................................................3
2.1.
BARGAINING UNIT RIGHTS.........................................................................................................................3
2.1.1.
Bargaining Unit Stewards Designation............................................................................................3
2.1.2.
Release Time.......................................................................................................................................3
2.2.
DUES DEDUCTION......................................................................................................................................3
2.2.1.
Collection of Dues...............................................................................................................................3
2.2.2.
Dues Collection during Separation from Employment...................................................................3
2.3.
MANAGEMENT RIGHTS...............................................................................................................................3
2.4.
COMMENCEMENT OF NEGOTIATIONS.........................................................................................................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.
Definitions.............................................................................................................................................5
3.1.4.
Compensation Plan.............................................................................................................................5
3.2.
STEP INCREASES.......................................................................................................................................6
3.2.1.
Entry Level Step..................................................................................................................................6
3.2.2.
Consideration for Step Increases.....................................................................................................6
3.2.3.
Merit Increases....................................................................................................................................6
3.3.
ADDITIONAL PAY........................................................................................................................................6
3.3.1.
Shift Differential Pay...........................................................................................................................6
3.3.2.
Educational Incentive.........................................................................................................................6
3.3.3.
Educational Expense Reimbursement.............................................................................................7
3.3.4.
Bilingual Pay........................................................................................................................................7
3.3.5.
Uniform Allowance..............................................................................................................................8
4.1
EMPLOYEE BENEFITS COMMITTEE............................................................................................................8
4.2
HEALTH & WELFARE.................................................................................................................................8
4.2.1
Full Flex Cafeteria Plan...........................................................................................................................8
4.2.2
Retirees Health Insurance......................................................................................................................9
4.2.3
Health and Dependent Care Spending Accounts...............................................................................9
4.3
DENTAL PLAN............................................................................................................................................9
4.4
VISION PLAN.............................................................................................................................................10
4.5
LIFE INSURANCE.......................................................................................................................................10
4.6
LONG TERM DISABILITY POLICY..............................................................................................................10
4.7
RETIREMENT CONTRIBUTION...................................................................................................................10
4.7.1
City Paid Employee Retirement (City Paid Member Contribution)
.................................................10
4.7.2
Retirement Plans...................................................................................................................................10
4.7.3
Member Cost of Living Rates...............................................................................................................10
4.7.4
Pension Costs........................................................................................................................................1
I
5
LEAVES.....................................................................................................................................................1
I
5.1
SICK LEAVE..............................................................................................................................................1
1
5.1.1
Eligibility..................................................................................................................................................11
5.1.2
Sick Leave Accrual................................................................................................................................
11
5.1.3
Use of Sick Leave..................................................................................................................................1
5.1.4
Advance of Sick Leave..........................................................................................................................
l 1
5.1.5
Service Credit for Sick Leave...............................................................................................................12
5.1.6
Compensation for Unused Portion......................................................................................................12
5.2
VACATION LEAVE.....................................................................................................................................12
5.2.1
Eligibility..................................................................................................................................................12
5.2.2
Rate of Accrual.......................................................................................................................................12
5.2.3
Administration of Vacation Leave........................................................................................................12
5.2.4
Vacation Cap..........................................................................................................................................13
5.3
HOLIDAYS.................................................................................................................................................13
5.4
OTHER LEAVE..........................................................................................................................................13
5.4.1
Administrative Leave.............................................................................................................................13
5.4.2
Bereavement Leave..............................................................................................................................
13
5.4.3
Jury Duty.................................................................................................................................................14
5.4.4
Military Leave.........................................................................................................................................14
5.4.5
Leave of Absence Without Pay............................................................................................................14
5.4.6
Industrial Injury Leave...........................................................................................................................14
5.4.7
Medical Leave of Absence...................................................................................................................15
5.4.8
Absence without Authorized Leave.....................................................................................................15
5.4.9
Catastrophic Leave................................................................................................................................15
6
TERMS & CONDITIONS OF EMPLOYMENT.............................................................................15
6.1
HOURS OF WORK.....................................................................................................................................15
6.1.1
Alternative Work Week..........................................................................................................................15
6.2
OVERTIME.................................................................................................................................................15
6.2.1
Special Events, Extra Duty Requests and Grant Operations..........................................................15
6.3
PROBATIONARY PERIOD..........................................................................................................................16
6.3.1
Purpose of Probation.............................................................................................................................16
6.3.2
Length of Probationary Period.............................................................................................................16
6.3.3
Rejection During Probation..................................................................................................................16
6.3.4
Notification of Rejection........................................................................................................................16
6.3.5
Extension of Probationary Period........................................................................................................16
6.3.6
Regular Status........................................................................................................................................16
6.3.7
Promotion of Probationary Employee.................................................................................................16
6.3.8
Unsuccessful Passage of Promotional Probation.............................................................................16
6.4
PERSONNEL RULES & REGULATIONS.....................................................................................................17
6.4.1
Employer -Employee Resolution..........................................................................................................17
6.4.2
Drug and Alcohol Policy........................................................................................................................17
6.4.3
Outside Employment Policy.................................................................................................................17
6.4.4
Harassment Policy.................................................................................................................................18
6.4.5
Wireless Communication Policy..........................................................................................................18
6.4.6
Use of City Vehicle................................................................................................................................18
6.4.7
Temporary Modified Duty Policy..........................................................................................................18
6.5
MISCELLANEOUS......................................................................................................................................19
6.5.1
Gratuities/ Solicitation of Contributions..............................................................................................19
6.5.2
Return of City Equipment......................................................................................................................19
6.5.3
Political Activity.......................................................................................................................................19
6.5.4
Employment of Relatives......................................................................................................................19
6.5.5
Gym Reimbursement............................................................................................................................20
6.5.6
Public Safety Center Fitness Program................................................................................................20
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...............................................................................................................................23
7.2.3
Termination - Disciplinary Action.........................................................................................................23
7.2.4
Retirement..............................................................................................................................................23
7.2.5
Rejection During Probation..................................................................................................................23
7.3
DISCIPLINARY ACTION.............................................................................................................................24
7.3.1
Right to Discipline & Discharge...........................................................................................................24
7.3.2
Appeals....................................................................................................................................................24
7.3.3
City Manager and Arbitration...............................................................................................................25
7.4
GRIEVANCE PROCEDURE.........................................................................................................................25
7.4.1
Definition.................................................................................................................................................25
7.4.2
Initial Discussions..................................................................................................................................25
7.4.3
Referral to the City Manager................................................................................................................25
7.4.4
City Manager and Arbitration...............................................................................................................25
7.5
REDUCTION IN FORCE..............................................................................................................................26
LIST OF EXHIBITS
Exhibit A Salary Schedule for September 1, 2021 — June 30, 2024
ff
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION
This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500,
et.seq. of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment for the employees in said representative unit, and have freely
exchanged information, opinions and proposals and have reached agreement on all matters
relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the City of San
Rafael as the joint recommendation of the undersigned parties for salary and employee benefit
adjustments for the period commencing July 1, 2021 and ending June 30, 2024.
1 GENERAL PROVISIONS
1.1. INTRODUCTION
1.1.1. Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed
upon by the designated bargaining representatives of the City of San Rafael (herein -after called
"CITY") and the San Rafael Police Mid -Management Association (herein -after called
"ASSOCIATION") and shall apply to all employees of the City working in the classifications and
bargaining unit set forth herein (See Exhibit A).
In accepting employment with the City of San Rafael, each employee agrees to be governed by
and to comply with the City's Personnel Ordinance, City's Personnel Rules and Regulations,
City's Administrative Procedures, and Police Department Rules & Regulations, General Orders
and Procedures.
1.1.2. Term 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 the Association as the bargaining representative for purposes of
establishing salaries, hours, fringe benefits and working conditions for all employees within the
San Rafael Police Mid -Management Association Bargaining Unit (as referenced in Exhibit A
attached).
1.3. 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, perceived sexual orientation, gender, gender expression, gender identity, marital
status, medical condition (cancer -related or genetic characteristics), genetic information
(including family medical history) or physical or mental disability.
Any employee who believes they are being discriminated against should refer to the City of San
Rafael's Harassment Policy for the process of receiving an internal administrative review of their
complaint. This administrative procedure shall be used as the internal complaint procedure in
lieu of the grievance procedure outlined in this MOU (Article 7.4).
1.3.2. Bargaining Unit Discrimination
No member, official, or representative of the Association shall, in any way, suffer any type of
discrimination in connection with continued employment, promotion, or otherwise by virtue of
membership in or representation of Association.
1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both City and Association agree to keep duplicate originals of this agreement on file in a readily
accessible location available for inspection by any City employee, or member of the public, upon
request.
1.5. EXISTING LAWS, REGULATIONS & POLICIES
This MOU is subject to all applicable laws.
1.6. STRIKES & LOCKOUTS
During the term of this MOU, the City agrees that it will not lock out employees, and the
Association agrees that it will not encourage or approve any strike or slowdown growing out of
any dispute relating to the terms of this Agreement. The Association will take whatever lawful
steps are necessary to prevent any interruption of work in violation of this Agreement,
recognizing with the City that all matters of controversy within the scope of this Agreement shall
be settled by established procedures set forth in the City's charter, ordinances, and regulations,
as may be amended from time to time.
1.7. SEVERABILITY
If any article, paragraph or section of this MOU 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 MOU shall not be affected
thereby, and the parties shall enter into meet and confer sessions for the sole purpose of
arriving at a mutually satisfactory replacement for such article, paragraph or section.
1.8. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted
through rules, regulations, ordinance or resolution, which are not specifically superseded by this
MOU, shall remain in full force and effect throughout the term of this Agreement.
1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1. Understanding
The parties jointly represent to the City Council that this MOU sets 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, not as to
wages or fringe benefits during the period of the term of this MOU. The foregoing shall not
preclude the parties hereto from meeting and conferring at any time during the term of this
Agreement with respect to any subject matter within the scope of meeting and conferring for a
proposed MOU between the parties to be effective on or after July 1, 2024.
2 MMBA
2.1. BARGAINING UNIT RIGHTS
2.1.1. Bargaining Unit Stewards Designation
The Association shall by written notice to the City Manager designate certain of its members as
Employee Representatives.
2.1.2. Release Time
One hundred (100) hours per calendar year shall be provided for union release time, apart from
MMB activity, with ten days advance notice and approval of the Police Chief. Any additional
hours shall be granted only with ten days advance notice and approval of the Police Chief.
2.1.3 Association Orientation of New Employees
Whenever the City hires an employee within any classification covered by this Memorandum of
Understanding and represented by the Association, the City will provide the new employee with
a copy of the current Memorandum of Understanding. The City shall make available two hours,
at a mutually agreeable time, during the initial thirty (30) days of employment for new employee
orientation by the Association. In addition, the City will also provide reasonable advance notice
to the Association of all employee orientations conducted by the City.
2.1.4 Employee Information
The City shall provide the Association 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 Association every 120 days. In addition, a report with
similar information of each Association new hire will be provided to the Association within 30
days of the hire date.
2.2. DUES DEDUCTION
2.2.1. Collection of Dues
The City agrees, upon written consent of the employee involved, to deduct dues as established
by the Association from the salaries of its members. The sums so withheld shall be remitted by
the City along with a list of employees who have had said dues deducted.
2.2.2. Dues Collection during Separation from Employment
The provisions specified above shall not apply during periods of separation from the
representative bargaining unit by any such employee but shall reapply to such employee
commencing with the next full pay period following the return of the employee to the
representative bargaining unit. The term separation includes transfer out of the bargaining unit,
layoff, and leave without pay absences with a duration of more than five (5) working days.
2.3. MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and exclusively, all rights of management
which have not been expressed abridged by specific provision of this Memorandum of
Understanding or by law to manage the City, as such rights existed prior to the execution of this
Memorandum of Understanding. The sole and exclusive rights of management, as they are not
abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or non-existence of facts which are the basis of the
management decision.
3. To determine the necessity of organization or any service or activity conducted by the
City and expand or diminish services.
4. To determine the nature, manner, means, technology, and extent of services to be
provided to the public.
5. Methods of financing.
6. Types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology, means and size of the
work force by which the City operations are to be conducted.
8. To determine and change the number of locations, relocation's and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to, the right to contract for or subcontract my work or operation of the City.
9. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
10. To relieve employees from duties for lack of work or similar non -disciplinary reasons.
11. To establish and modify productivity and performance programs and standards.
12. To discharge, suspend, demote or otherwise discipline employees for proper cause in
accordance with the provisions and procedures set forth in City Personnel rules and
Regulations.
13. To determine job classifications and to reclassify employees.
14. To hire, transfer, promote and demote employees for non -disciplinary reasons in
accordance with this Memorandum of Understanding and the City's Personnel Rules and
Regulations.
15. To determine policies, procedures and standards for selection, training, and promotion of
employees.
16. To establish employee performance standards including, but not limited to quality and
quantity standards; and to require compliance therewith.
17. To maintain order and efficiency in its facilities and operations.
18. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement.
19. To take any and all necessary action to carry out the mission of the City in emergencies.
Nothing contained within Article 2.3, Management Rights, is intended to, in any way, supersede
or infringe upon the rights of the recognized employee Association as provided under applicable
Federal and State law, including, but not limited to California State Government Code Sections
3500 through 3510 inclusive.
2.4. COMMENCEMENT OF NEGOTIATIONS
Both parties agree to begin the meet and confer process no later than February 1, 2024,
regarding the terms and conditions applicable to an MOU effective July 1, 2024. The process
will be initiated by the San Rafael Police Mid -Managers Association through the submittal of
upcoming contract requests it wishes to be considered.
3 COMPENSATION
3.1. GENERAL WAGES AND COMPENSATION
The City embraces the succession planning model and values promotion from within. The City
recognizes that this model works best when the salary ranges and total compensation align
appropriately. Due to the fact that Police Sergeants are eligible to receive both overtime and a
variety of specialty pays, and Police Lieutenants and Captains are limited in these areas, the
current alignment is not optimal. Thus, the viability of the succession plan model is
compromised. The City recognizes that there is a compaction issue between the Lieutenants
and Sergeants when considering the various special pay differentials that are applied to the
Sergeant pay. The City agrees to utilize the expertise of a classification and compensation
consultant to conduct a total compensation survey of the Sergeant, Lieutenant and Captain job
classes with comparable agencies. The City commits to complete the study and for staff to
recommend an implementation plan to City Council by June 30, 2017. If adjustments are
warranted, SRPMMA positions will be prioritized as funds are available.
3.1.1. Pay Dates
City employees are paid twice per month on the 15"' and the last working day of the month.
When a holiday falls on a pay day, the pay day will be transferred to the following day of regular
business unless the Finance Department is able to complete the payroll by the previous work
day. The method of the distributing payroll shall be established by the Finance Director.
3.1.2. General Wage Increase
In the Year 1, compensation increases will take effect the pay period including July 1, 2021 or
the first full pay period following Council ratification of a new MOU, whichever occurs later.
In Year 1, the City will provide a 1.6% general salary increase plus a 2.4% equity adjustment
(4% total);
In Year 2, the City will provide a 1.6% general salary increase plus a 2.4% equity adjustment
(4% total); and,
In Year 3, the City will provide a 1.6% general salary increase plus a 2.4% equity adjustment
(4% total).
3.1.3. Definitions
Total Compensation shall be defined as: Top step salary (excluding longevity pay steps),
educational incentive 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 the month of October 2016 and each October thereafter during the term of the contract.
3.1.4. Compensation Plan
The Compensation Plan adopted by the City Council shall provide for salary schedules, rates,
ranges, ascending salary steps for all members of the Association and any other special
circumstances or items related to the total compensation paid employees.
Each position within the classified services shall be allocated to an appropriate classification in
the compensation plan on the basis of duties and responsibilities. Each classification shall be
assigned a five-step salary range with corresponding ascending salary rates assigned to each
step. All persons entering the classified service shall be compensated in accordance with the
salary plan then in effect.
3.2. STEP INCREASES
3.2.1. Entry Level Step
All initial employment shall be at the first step of the salary range. The Police Chief may authorize
a position at an appropriate higher salary when, in his/her opinion, it is necessary to obtain qualified
personnel. Initial employment appointments above Step C will require City Manager Approval.
3.2.2. Consideration for Step Increases
An employee shall be considered for a step increase annually until the top step has been
reached. Advancement to a higher salary within a salary step schedule may be granted for
continued satisfactory service by the employee in the performance of his/her duties. Salary step
advancement shall be made only upon the recommendation of the Police Chief concerned, with
the approval of the City Manager or his/her designee, and are not automatic, but based on
acceptable work performance.
Accelerated salary step increases may be granted an employee based upon the
recommendation of the Police Chief and approval of the City Manager for exceptional job
performance.
3 2.3. Merit Increases
Employees at the maximum step of their salary step schedule may be granted a merit
performance step increase of up to five percent (5%) above and beyond their top salary step. A
merit step increase may be effective for up to one (1) year. A merit step increase may be
withdrawn after the specified period of time and is not a disciplinary action and is not
appealable. Merit step increases may be granted in recognition of meritorious performance
beyond the scope of regular duties and in response to extraordinary conditions.
Management and Mid-Management employees shall be evaluated annually based on the
evaluation program adopted by the City Council in October of 1996 and incorporated by
reference herein.
3.3. ADDITIONAL PAY
3.3.1. Shift Differential Pay
A five percent (5%) shift differential shall be paid for Police Lieutenant regularly scheduled to
work fifty percent (50%) or more of their shift after 5:00 p.m.
Shift differential shall not be considered an additional percentage on salary for personnel
involved but shall apply only to hours actually worked; e.g., differential does not apply to sick
leave, vacation or compensatory time, but does include overtime for employees regularly
assigned to the swing or graveyard shifts. The current operational policies and provisions for
shift rotation and assignment remain in effect.
3.3.2. Educational Incentive
The Educational Incentive for Police Captain and Police Lieutenant who have received their
POST Management Certificate will be a flat dollar amount of $264.50 bi-monthly.
3.3.3. Educational Expense Reimbursement
The Educational Expense Reimbursement Program shall apply to all employees of the Police
Department represented by this contract who have completed a total of two (2) or more
continuous years of full-time service with the San Rafael Police Department. The Educational
Expense Reimbursement Program shall relate to the completion of college credits while off-duty
for job-related courses awarded from an accredited community college or an accredited college
or an accredited university. Job-related courses are defined as those which contribute to current
job performance or prepare the employee for other City positions, including but not limited to
obtaining bilingual skills. An eligible employee who takes a job-related course during off-duty
hours at an accredited institution of learning shall be eligible to receive reimbursement for the
costs of tuition, fees, and course materials, up to a maximum of $1,500 per fiscal year.
3.3.4. Bilingual Pay
Full Fluency Program
A five percent (5%) bilingual pay incentive shall be paid to designated bilingual employees at
the full fluency level
Conversational Fluencv Proaram
A two and one-half percent (2.5%) bilingual pay incentive shall be paid to designated employees
who speak Spanish at the conversational level.
Foreign Language Pay Provisions
The City will pay, in advance, for any authorized training or educational costs related to an
employee becoming fluent in a foreign language up to an amount equal to the cost of the
industry standard. Employees enrolled in such bilingual training are obligated to reimburse the
City through payroll deductions over a period of three (3) years for one half the cost of any such
education after the completion of such course. The employee is obligated to reimburse the City
for the full amount of such education costs if he/she drops out of the education program or does
not successfully pass the certification test. In the event an employee must reimburse the full
amount, reimbursement shall be through payroll deductions over the course of three (3) years or
in full upon separation.
Within the limits established in items 1 and 2 of this section, to qualify for either the Full or
Conversational Programs, employees must be certified as proficient in a language deemed to
be of work related value to the Police Department as determined by the Police Chief and
approved by the City Manager by established standards. It is agreed that full fluency or
conversational proficiency certification may be obtained by passing a standardized departmental
test (to be developed by the department) or fluency certification issued by an agency approved
by the Police Chief. Conversational proficiency certification may be obtained by an employee
achieving a Certificate of Completion from One Twelve USA, or passing a departmental
conversational test, or a conversational certification issued by an agency approved by the Police
Chief.
Fluency in more than one foreign language does not entitle an employee to more than the 5%
bilingual pay differential. Both parties agree to annual re -certification of proficiency to continue
eligibility for the bilingual differential.
Shift assignments and distribution of bilingual employees shall be at the discretion of the Police
Chief.
7
3.3.5. Uniform Allowance
The represented classification will receive a uniform allowance of $885.00 for each six (6)
months of service ending June 30 and December 31. A pro -rated portion of the allowance may
be given for the first and last six (6) months of service upon recommendation of the Police Chief
and approval of the City Manager or their designee.
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, Western Council of Engineers, Local 1 —
Confidential, Police, Fire, Management, and Mid -Management employees.
The Employee Benefits Committee may make recommendations for changes to existing
benefits. However, changes to benefits identified in this agreement shall only occur after the
City and Association have mutually agreed to meet and confer on such changes and have
completed the meet and confer process, including impasse resolution.
4.2 HEALTH & WELFARE
Upon reasonable advance notice to the Association, the City shall have the option 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 for active or retired employees from those
benefits available under the PERS program; and provided further such contracting shall not
cause a material increase in premiums for either the City or the employees. There shall be no
requirement for the City to meet and confer upon the City's exercising the option described
above in accordance with the provisions of this paragraph.
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 full flex
cafeteria plan. The ongoing monthly flex dollar allowance shall be:
For employee only: $ 813.18
For employee and one dependent: $1,473.00
For employee and two or more dependents: $1,915.00
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) Minimum 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 monthly flex dollar allowance (including 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. For example, in calendar year 2016, a single employee's
monthly flex dollar allowance for health was $813.18, which includes the $125.00 designated by
CaIPERS as the City's monthly PEMHCA contribution. The flex dollar allowance must be used
to purchase health coverage and any remaining balance would be converted to taxable income.
4.2.2 Retirees Health Insurance
Employees represented by the Police Mid -Management Association 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 by the City before January 1, 2010. The City shall make a monthly
retiree health insurance payment 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
monthly payment shall not exceed $566 per month. This monthly payment shall include
the PEMHCA minimum contribution. The City's retiree health insurance payment shall
continue for the lifetime of the retiree and retiree's spouse, in accordance with PEMHCA
eligibility provisions for coverage.
Employees hired by the City 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, 4.2.2b, 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 CaIPERS.
4.2.3 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 the
Association and available pursuant to the IRS Code a 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, 2013 at IRS Code limit, not to exceed $2,500.
b. Dependent Care Spending Accounts: Dependent care expenses that qualify under the
IRS Code at the IRS Code limit.
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.
City shall establish annual enrollment period and each employee must re -enroll annually for
either plan noted in a. and/or b. 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.
4.3 DENTAL PLAN
The City will provide a dental insurance program providing 100% coverage for diagnostic and
preventative care, $25 deductible on corrective care (80/20) per patient per calendar year and
orthodontic coverage (50/50); and 80/20 coverage of casts, crowns, and restorations in
accordance with the plan document of the provider. The coverage limits are as follows:
Annual Program maximum (per covered person) is $1500
Maximum lifetime orthodontics (per covered person) is $1,000
Annual Program deductible (per person/per family) is $25/$75 for classes I & 11 only.
4.4 VISION PLAN
The City will contract for a vision plan for employee only vision benefits. Employees will be eligible
to enroll qualified family members and will pay the premium costs for such enrollment.
4.5 LIFE INSURANCE
The City shall pay premiums for a life insurance and Accidental Death and Dismemberment
(ADBD) policy for each employee. The life and ADBD policy shall provide a $150,000 life
insurance and a $150,000 AD&D benefit.
4.6 LONG TERM DISABILITY POLICY
The City shall pay premiums for a Long -Term Disability Policy for each employee. 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 $7,500 per month
4.7 RETIREMENT CONTRIBUTION
4.7.1 City Paid Employee Retirement (City Paid Member Contribution)
Bargaining unit members shall pay the full share of the employee's contribution to the Marin
County Retirement System.
Effective the pay period including September 1, 2013, all current and future "classic' and "new"
bargaining unit members shall contribute an additional 1% of pensionable compensation to
MCERA, over and above the employee's contribution noted above. The only employees excluded
from this payment are long-term City employees with thirty or more years of City service who no
longer have to pay any employee contribution to the Marin County Retirement System.
4.7.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 3% at 55 retirement
program to all classic safety members, as defined under the 1937 Act Government Code
Section 31664, subject to Marin County Employee Retirement Association procedures and
regulations and applicable 1937 Act laws that govern such plans. This shall be based on an
employee's single highest year of compensation.
The City shall provide the Marin County Employee Retirement Association 2.7% at 55
retirement program to all miscellaneous 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 shall be based on
an employee's single highest year of compensation.
Safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the
formula 3%@55 calculated based on the average of their highest three years of compensation,
with a 2% COLA benefit cap.
Non -safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit
at the formula 2%@55 calculated based on the average of their highest three years of
compensation, with a 2% COLA benefit cap.
New safety members as defined by the Public Employees' Pension Reform Act of 2013 shall
receive pension benefits as defined by law.
4.7.3 Member Cost of Living Rates
Bargaining unit 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. Miscellaneous and safety member contribution
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rates include both the basic and COLA portions (50% of COLA is charged to members as
defined in the 1937 Act).
4.7.4 Pension Costs
The parties shall discuss pension issues during the term of this MOU utilizing the Labor -
Management Committee process memorialized in Section 6.6.5 of this agreement.
5 LEAVES
5.1 SICK LEAVE
5.1.1 Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be
considered as a privilege which an employee may use at his/her discretion but shall be allowed
only in case of necessity and actual sickness or disability. The employee is required to notify
employee's immediate supervisor or Police Chief according to department Rules and
Regulations at the beginning of his/her daily duties. Every employee who is absent from his/her
duties for two (2) consecutive work days shall file with the Human Resources Director, a
physician's certificate or the employee's personal affidavit verifying the employee's eligibility for
sick leave. The inability or refusal by said employee to furnish the requested information, as
herein required, shall constitute good and sufficient cause for disciplinary action, including
dismissal.
In recognition of exempt status from FLSA, time off for sick leave purposes shall not be
deducted from the employee's account, unless the employee is absent for the full work day.
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 an amount not to exceed twelve hundred (1200) hours. The sick leave accrual rate is
prorated for eligible part time employees. The cap on sick leave accrual, twelve hundred (1200)
hours, does not apply for accrual purposes but does apply for sick leave separation payoff
purposes.
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 or illness within the immediate family (immediate family under Section
5.1.3 is defined as employee's spouse, registered domestic partner, children, parents,
in-laws, grandparent, grandchild and/or sibling), or physical incapacity resulting from
causes beyond the employee's control; or
2. Enforced quarantine of the employee in accordance with community health regulations.
3. Medical appointments that cannot be scheduled during non -working hours shall be
charged to sick leave, unless the employee is a sworn peace officer.
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 have 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 are eligible to accrue sick leave and who retire from the City of San Rafael, on
or after July 1, 2002, and within 120 days of leaving City employment (excludes deferred
retirement), shall receive employment service credit, for retirement purposes only, for all hours
of accrued, unused sick leave (exclusive of any sick leave hours said employee is eligible to
receive and elects to receive in compensation at the time of retirement, pursuant to Section
5.1.6 Compensation for Unused Portion (Sick leave Payoff).
5.1.6 Compensation for Unused Portion
By resignation, retirement or death, an employee who leaves the City in good standing shall
receive compensation for all accrued, unused sick leave based upon the rate of three percent
(3) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance.
5.2 VACATION LEAVE
5.2.1 Eligibility
Annual vacation with pay shall be granted to 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
Police Chief.
5.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full time employee
(part-time regular employees are prorated) shall commence to accrue vacation at the following
rate for continuous service. For the purpose of this section, one (1) day equals eight (8) hours.
Years of Service
Leave Accrual rate/year
1 - 5 years
15 days or 120 hours
6 years
16 days or 128 hours
7 years
17 days or 136 hours
8 years
18 days or 144 hours
9 years
19 days or 152 hours
10 years
20 days or 160 hours
11 years
21 days or 168 hours
12 years
22 days or 176 hours
13 years
23 days or 184 hours
14 years
24 days or 192 hours
15 years plus
25 days or 200 hours
5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Police Chief, may advance un -accrued
vacation to any permanent regular and part time employee. If the employee leaves City
employment before accruing the used vacation leave, said employee will reimburse the City the
value of the advanced vacation leave.
In recognition of exempt status from FLSA, time off for vacation leave purposes shall not be
deducted from the employees' accrual, unless the employee is absent for the full work day.
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The time at which an employee may use his/her accrued vacation leave and the amount to be
taken at any one time, shall be determined by the Police Chief with particular regard for the
needs of the City, but also, insofar as possible, considering the wishes of the employee.
In the event that one or more City holidays fall within an annual vacation leave, such holidays
shall not be charged as vacation leave, and the vacation leave shall be extended accordingly.
Employees who terminate their employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the effective date of termination.
5.2.4 Vacation Cap
No employee may accrue more than 250 hours vacation leave. Vacation accruals will resume
once the employee's accumulated vacation balance falls below the allowable cap limit.
Employees may, for special situations (i.e., extended medical leave), request an increase in
their cap. Each request would need to be in writing, submitted through the department, and
receive the approval of the Police Chief and the City Manager. Such requests would be
reviewed on a case-by-case basis and would be evaluated based on the reason for the request.
This additional vacation accrual could not exceed one-half of the employee's regular annual
vacation accrual. In no case would the addition over the cap be extended beyond one
additional year.
5.3 HOLIDAYS
The following holidays will be observed:
New Years Day
Martin Luther King Day
Washington's Birthday
Lincoln's Birthday
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Admission Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
5.4 OTHER LEAVE
5.4.1 Administrative Leave
Mid -Management employees in this Association shall receive eighty (80) hours of Administrative
Leave each calendar year subject to the approval of the Police Chief and the City Manager.
Unused Administrative Leave does not carry over from one calendar year to the next, nor are
unused balances paid off upon an employee's resignation.
In recognition of exempt status from FLSA time off for Administrative leave purposes shall not
be deducted from employee's accrual, unless the employee is absent for the full work day.
5.4.2 Bereavement Leave
In the event of the death of an employee's spouse, registered domestic partner, child, parent,
sibling, in-laws, 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 three (3) days of paid bereavement leave within the state and up to
five (5) days of paid bereavement leave out-of-state may be granted for bereavement leave.
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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 Police Chief as part of the request for bereavement leave.
5.4.3 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 Police Chief and remits to the City all per diem service fees except mileage or
subsistence allowance within thirty days from the termination of such duty.
5.4.4 Military Leave
Military leave shall be granted in accordance with the State of California Military and Veteran's
Code as amended from time to time. All employees entitled to military leave shall give the City
Manager and the Police Chief an opportunity within the limits of military regulations, to
determine when such leave shall be taken.
5.4.5 Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager upon the written request of
the employee. Applicable accrued leave must be exhausted prior to the granting of leave
without pay. Applicable benefits do not accrue during times of leave without pay and Police
Officer status is removed.
5.4.6 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 Workers' Compensation claims.
For further information, see the City's Workers' Compensation policy located on the Intranet
(https://intranet.citvofsanrafael.org ).
Employees of the City who have suffered any disability arising out of, and in the course of their
employment as defined by the Workers' 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.
SAFETY EMPLOYEES
Compensation leave payments are governed by Labor Code Section 4850. Labor Code Section
4850 provides that employees who sustain an industrial injury which precludes them from working
are eligible to receive full salary for a period of up to one year during the period of such disability.
The following rule applies to both Safety and Non -Safety personnel who have suffered an 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 a 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, the next steps would include:
a. The interactive process; attempt to locate other appropriate employment within the City.
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b. If none available proceed with termination process, including disability retirement application
and/or Skelly process, if appropriate.
5.4.7 Medical Leave of Absence
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 Police Chief 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 requested. Sick leave
usage is to be consistent with the sick leave provisions of the MOU. To be eligible for this family
leave benefit, an employee must have worked for the City of San Rafael for at least 12 months
and have worked a minimum of 1,250 hours in the previous 12 -month period. For details,
please see the City's FMLA policy located on the Intranet(https://intranet.citvofsanrafael.org).
5.4.8 Absence without Authorized Leave
An unauthorized absence of an employee for three consecutive work days shall constitute an
automatic resignation from City service.
5.4.9 Catastrophic Leave
All employees of the Police Department should refer to the Citywide Catastrophic Leave Policy
located on the City's Intranet(https://intranet.citvofsanrafael.org).
6 TERMS & CONDITIONS OF EMPLOYMENT
6.1 HOURS OF WORK
The established work week for the Police Department shall be 00:01 hours Sunday through
24:00 hours Saturday. Job classifications covered by this Memorandum of Understanding would
be scheduled to work during normal business working hours, Monday through Friday.
6.1.1 Alternative Work Week
Police Lieutenants and Police Captains have the option of working a 4-10 or 5-8 plan as shown
below:
Schedule
Definition
4-10
Four (4) consecutive ten (10) hour days with three (3) consecutive days off.
5-8
Five (5) consecutive eight (8) hour days with two (2) consecutive days off.
The Police Chief reserves the right to change schedules based on emergency circumstances.
6.2 OVERTIME
The following special provisions for the payment of overtime will apply to (the FLSA exempt)
Police Lieutenants and Police Captains.
6.2.1 Special Events, Extra Duty Requests and Grant Operations
Employees shall be compensated at the overtime rate for the highest Police Sergeant as
determined by the Police Department Business Office and shall not exceed grant limitations for
extended hours worked for special events and grant operations which are compensated outside
of the City's General Fund. Police Lieutenants and Police Captains will only be allowed to work
overtime on such assignments under any of the following circumstance:
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a. Required management staffing at the request of the Police Chief or his/her designee
b- Backfill of a vacant sworn officer position if the overtime opportunity has been posted for
at least seven (7) days and remains unfilled, or if the vacancy remains unfilled less than
forty-eight (48) hours prior to the event.
Both parties understand and agree that nothing within this overtime provision shall alleviate
represented employees from management duties during special events and grant operations.
6.3 PROBATIONARY PERIOD
6.3.1 Purpose of Probation
Each employee shall serve a period of probation beginning on the date of appointment. Such
period shall be for the purpose of determining the employee's ability to perform satisfactorily the
duties prescribed for the position.
6.3.2 Length of Probationary Period
The probationary period on original and promotional appointments shall be for twelve (12)
months.
6.3.3 Rejection During Probation
During the probationary period, an employee may be rejected at any time by the Police Chief
without the right of appeal.
6.3.4 Notification of Rejection
On determining that a probationary employee's work is not satisfactory, the Police Chief shall
notify the Human Resources Director in writing of his/her intention to reject the employee. After
discussion with the Human Resources Director, the Police Chief shall notify the employee in
writing of his/her rejection.
6.3.5 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.
6.3.6 Regular Status
Regular status in the assigned (new) position shall commence with the day following the
expiration date of the probationary period.
6.3.7 Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a higher
classification provided he/she is certified from the appropriate Eligibility 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.
6.3.8 Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass his/her promotional probationary period shall be
reinstated to the position in which the employee held regular status prior to his/her promotion
and all previous rights and privileges restored. Provided, however, that if the cause for not
passing the promotional probationary period was sufficient grounds for dismissal, the employee
shall be subject to dismissal without reinstatement to the lower position.
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6.4 PERSONNEL RULES & REGULATIONS
This Association accepts the revised Personnel Rules and Regulations presented in a
documented dated April 1991.
6.4.1 Employer-Employee Resolution
The City and the Association agree to abide by the City of San Rafael's Employer-Employee
Relations Resolution.
6.4.2 Drug and Alcohol Policy
The City and Association jointly recognize alcoholism and drug abuse as illnesses which may
be treatable. The parties are concerned regarding alcoholism and drug problems which cause
poor attendance and unsatisfactory employment related performance and/or which may pose a
danger to employees or the public. Therefore, the City and Association endorse the concept of a
drug free work place.
Possession and/or sale of illegal drugs, use of illegal drugs or misuse of prescribed drugs or
alcohol, or being under the influence of drugs or alcohol while on the job is strictly prohibited.
Employees violating this policy are subject to discipline, up to and including termination. When
reasonable cause (relates to readiness and/or ability to perform job responsibilities) exists, the
City may require employees to submit to a medical examination, including but not limited to a
urine or blood analysis, to determine whether the employee is using drugs or alcohol. Said
testing shall occur on City time and be paid for by the City. An employee's failure to submit to a
medical examination will be considered an act of insubordination and, therefore, subject to
disciplinary action.
Depending on the circumstances causing the order for medical examination, employees testing
positive may be subject to discipline, up to and including termination. Upon being informed that
the employee tested positive, the employee may request a meeting with the Human Resources
Director and the Police Chief to review the test results and provide the employee's explanation
for such results.
Employees are encouraged to voluntarily participate in the City sponsored employee assistance
program (EAP). However, EAP participation may be a City-mandated alternative to disciplinary
action arising out of a violation of the City's drug and alcohol policy.
As a course of participating in the EAP on a mandated basis, an employee may be required to
enter into a "return to work agreement" with the City. Said agreement shall stipulate ongoing
freedom from drug and/or alcohol use as a condition of continued employment.
Employees who seek voluntary assistance for alcohol and/or substance abuse will not be
disciplined for seeking such assistance. Requests from employees to the Police Chief for such
assistance shall remain confidential and shall not be revealed to other employees or
management personnel who do not have a need to know, without the employee's consent.
Employees enrolled in substance abuse programs shall be subject to all employer rules,
regulations and job performance standards with the understanding that an employee enrolled in
such a program is receiving treatment for an illness.
An employee who is disciplined/discharged for inappropriate alcohol and/or drug use may
appeal such action pursuant to Section 7.4.4 of the Memorandum of Understanding.
6.4.3 Outside Employment Policy
All employees of the Police Department should refer to the Citywide policy located on the City's
Intranet (https://intranet.cityofsanrafael.org) for policies and procedures related to outside
employment.
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6.4.4 Harassment Policy
It is the City's intent and purpose to provide all officials, employees, applicants and contractors
with an environment that is free from any form of harassment, discrimination or retaliation.
Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation
which is available on the City's Intranet website.
6.4.5 Wireless Communication Policy
Union members agree to adhere to the provisions of the City's Wireless Communication Policy
which is available on the City's Intranet Website.
6.4.6 Use of City Vehicle
The City agrees to allow all currently represented classified positions covered by this agreement
(Police Captain and Police Lieutenant) the use of department vehicles, as practiced on the date
the MOU was adopted by the City Council for FY 91-92, as they are expected to respond to
emergencies. During the term of this contract the Police Chief and members of this Association
shall meet and confer on the development of a specific policy related to City Vehicle Use.
6.4.7 Temporary Modified Duty Policy
The purpose of this temporary modified duty program is to minimize the loss of productive time,
while at the same time reintroducing the employee to work sooner to prevent deterioration of
skills, facilitate recovery and reduce income loss. Modified duty assignments will be structured
so that employees are not placed in a duty status that would aggravate or re -incur an injury or
illness. Modified duty assignments are to be limited to temporary periods and are not to be
used to create a permanent modified duty assignment.
1. Coverage
Any employee who suffers a temporary and partial disability due to an industrial or non-
industrial injury or illness will be covered by this modified duty program.
2. Determination/Required Reports
a. Modified Duty assignments may be made following evaluation and determination by
the Police Chief. The determination will be based on available medical information,
and consultation with the employee or the affected supervisor. Determination will
also be based on the needs of the City and the impact of modified duty departmental
operations.
b. After the initial report, updated medical reports shall be submitted to the Police Chief
at two-week intervals, or at other agreed upon intervals, for as long as the employee
is off work. Reports will be required for all industrial or non -industrial injuries or
illnesses regardless of whether or not a modified duty assignment has been made.
c. Reports will be evaluated by the Police Chief for purposes of continuing or
terminating a current modified duty assignment or to determine when to commence a
modified duty assignment.
3. Modified Duty Assignments - Definitions/Restrictions
a. Modified duty assignments may consist of reduced work hours, limited work or any
combination thereof.
b. Modified duty assignments will not adversely affect the employee's normal wage rate
or retirement benefits.
c. Modified duty assignments will be within the employee's assigned department and
will involve work which is consistent with the duties of the employee's classification.
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d. When feasible, modified duty assignments will be during the employee's normal shift
and duty hours. However, if it is determined that no useful work will be performed
during the normal shift or duty hours, the employee will be assigned modified duty
during normal office hours of 8:00 a.m. to 5:00 p.m. Monday through Friday.
e. Specific modified duty assignments will be developed based upon a case by case
review of the medical restrictions, so as not to aggravate or reincur an injury or
illness.
f. Employees will not be placed in modified duty assignments that, in the normal course
of events, will require that they provide direct field emergency response.
4. HolidaysNacations
a. Holidays shall be observed in accordance with the modified duty assignment work
hours and work week. That is, if an employee is assigned to work hours in a
department, division, or operating unit where employees in that work unit take the
holiday off, so shall the modified duty employee. If the employees are assigned to
work hours on a work holiday, so shall the modified duty employee. Compensation
for holidays shall be in accordance with applicable Memorandum of Understanding
or the Personnel Rules and Regulations.
b. Employees assigned to modified duty shall take their assigned (selected) vacation as
normally scheduled. Vacations shall cover the same number of duty and calendar
days as would have been enjoyed by the employee if they had remained on full duty.
Employees may reschedule their assigned (selected) vacation with the approval of
the Police Chief, provided the rescheduling does not result in increased costs or lost
time to the City for relief personnel to cover the rescheduled vacation.
5. Return to Full Duty
Employees will be returned to full duty as soon as possible following medical certification
that the employee is able to resume the full duties of his or her classification.
6.5 MISCELLANEOUS
6.5.1 Gratuities/ Solicitation of Contributions
All employees of the Police Department should refer to Departmental Rules and Regulations
300.48 and 300.50 for the rules and procedures related to gratuities/solicitation.
6.5.2 Return of City Equipment
Upon termination of employment, all tools, equipment, and other City property assigned to any
employee shall be returned to the employee's supervisor.
6.5.3 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and
Federal Law.
6.5.4 Employment of Relatives
The City retains the right:
To refuse to place one party to a relationship under the direct supervision of the other
party to a relationship where such has the potential for creating adverse impact on
supervision, safety, security or morale.
To refuse to place both parties to a relationship in the same department, division or
facility where such has the potential for creating adverse impact on supervision, safety,
security, or morale, or involves potential conflicts of interest.
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6.5.5 Gym Reimbursement
Employees are eligible to receive up to $50 reimbursement per month for paid gym
memberships, workout classes or similar ongoing fitness activities. Such reimbursement shall
be paid once per year by the City in a lump -sum check and reported as taxable income to the
employee.
6.5.6 Public Safety Center Fitness Program
PURPOSE AND SCOPE:
The purpose of this policy is to establish guidelines for employees utilizing the Public Safety
Center (PSC) fitness facility. The Department requires all those electing to use the PSC fitness
facility to adhere to the conditions and policies as described in this policy. Persons who do not
meet the conditions as described in this directive will be deemed to be engaging in activities
outside the scope of their employment, and the City shall not have any liability for injuries or
losses resulting from such activities. The City will not accept responsibility for injuries incurred
as a result of recreational exercise/activities or competitive events.
PR0rFnt1RFS-
It is the position of the City to encourage a high level of physical fitness among police personnel.
To assist employees in achieving this goal, the Department has implemented an on -duty work-
out policy for all San Rafael Police employees.
A. On -Duty Participation:
On -duty participation is defined as one hour of on -duty time for the purpose of
exercise.
B. Exercise time and use of the PSC fitness facility may not begin until the Waiver and
Release of Liability form has been read, signed, and filled out for all employees.
C. Use of the Public Safety Center fitness facility by Participants:
1) All personnel, regardless of assignment, may use the PSC fitness facility for
workouts between the hours of 0500hrs to 2200hrs.
2) There shall be no meals or snacks eaten in the PSC fitness facility; water or other
workout drinks are acceptable.
3) All personnel using the PSC fitness facility shall wipe down all equipment after use
and pick up any trash.
D. The PSC fitness facility is the only approved and authorized on -duty work out facility:
1) On duty exercise must take place within the PSC so employees can remain available
for emergencies or return to their duty assignment in the event exigencies arise.
Employees must be prepared to change into uniform without undue delay if
necessary.
2) The PSC fitness facility is located on the second floor. This area is close to the
sleeping quarters of the firefighters and police employees should respect the shared
area appropriately.
E. On duty exercise time shall be utilized in lieu of a meal break. Personnel participating in
an on -duty work out will remain personally responsible for sustenance at their desk as
time permits in the balance of their workload.
20
F. Provisions of the on -duty exercise policy that are specifically related to personnel
assigned to Patrol are as follows:
1) On -duty exercise time is approved by the Watch Commander or his/ her designee
only when the shift is above minimum staffing. Due consideration must be given to
staffing and activity levels. Exercise time may be canceled at the discretion of the
Watch Commander (or designee). The Watch Commander's decision regarding on -
duty exercise cannot be grieved.
2) No more than one (1) employee from patrol may exercise on -duty at any given time.
When on -duty, there shall only be one (1) on -duty patrol officer in the workout room
at a time.
3) A police radio shall be audible inside the PSC fitness facility any time patrol
personnel are exercising. Patrol personnel shall respond to their call sign when
called from communications.
4) Participants assigned to patrol wishing to use on -duty time for exercise must request
the desired time at the beginning of the shift. Requests may also be made a shift in
advance. Seniority will be used to determine exercise times.
5) Reports and calls for service have priority over exercise time. No work-related
assignments should remain pending while working out unless they can be completed
in a timely manner without incurring overtime,
6) Personnel participating in on -duty workouts shall not be permitted to do so in
conjunction with briefing at the beginning of their shift or proximate to the completion
of their shift. On -duty workouts may only take place at the direction and with approval
of the Watch Commander (or designee).
7) On -duty exercise time may not be taken on the last hour of the shift (as enumerated
in section 7 of this section).
8) During Field Training, neither the Field Training Officer (FTO) nor the Officer in
Training (OIT) may utilize the PSC fitness facility on -duty.
G. Employees are required to immediately report any injuries or serious illnesses while
using the PSC fitness facility to their supervisor:
H. Miscellaneous provisions of the on -duty exercise policy:
1) No exercise program hours will be carried over from one day to the next.
2) Performance issues, at the discretion of the Chief of Police, may be the basis for an
individual being denied permission to participate in on -duty exercise.
3) Break periods (rest breaks) cannot be used to extend exercise time.
4) The provisions and implementation of this on -duty exercise policy will not be subject
to challenge or grievance by employees.
INJURIES OR SERIOUS ILLNESSES:
Employees are required to immediately report all injuries or serious illnesses that require
medical attention. Following such an injury, exercise privileges will be suspended immediately
until further notice. Determination of when an injured participant may resume exercise activity
will be at the discretion of the Chief of Police or his/her designee following a complete review of
the injury report. This determination will be based on the nature of the injury and the
health/fitness needs of the individual.
a) An injured employee may be required to submit a memo detailing their injury/illness and
obtain clearance in writing from the attending physician prior to resuming exercise
activities.
b) Once cleared to resume physical fitness activities, the injured participant will follow the
exercise prescribed without deviation. Deviation from the prescribed exercise program
may result in disqualification from using the PSC fitness facility on -duty and off-duty.
c) Those participants whose injury/illness requires a 'light duty" status may use the PSC
fitness facility following a clearance by their attending physician. Exercise activity will be
limited to the fitness program prescribed.
d) Failure to immediately report any injury or illness resulting from working out in the PSC
fitness facility may result in loss of facility use privileges both on and off duty.
OFF DUTY EXERCISE BY EMPLOYEES:
Employees may use the PSC fitness facility during their off-duty time under the following
guidelines:
a) Must read, sign, and submit the Waiver and Release of Liability form, which must then
be authorized by the Chief of Police.
b) Exercise sessions are on off-duty time only and there is no limit to how many times one
can use the facility.
c) Follow all safety rules.
d) Follow all guidelines as described in this policy.
e) Only SRPD employees are allowed to use the facility.
GENERAL SAFETY RULES:
a) Proper warmup and cooldown activities are to be performed before and after weight
training and cardiovascular workout sessions.
b) All safety stops and mechanisms on exercise equipment must be properly adjusted
before each use.
c) All weight plates must be removed from the lifting bar and returned to the proper storage
rack immediately after use.
d) Proper athletic footwear and shirts must be worn while exercising in the PSC fitness
facility.
e) All injuries or exercise equipment needing repair should be reported to the Watch
Commander immediately.
f) Spotters are required for all heavy lifting. If no spotters are available, no heavy lifting will
be allowed.
PROGRAM LENGTH:
a) This will be a pilot program for six (6) months. At the end of the six months, the program
will be evaluated by the Chief of Police to determine if the program should continue
and/or be modified.
b) If at any time during the program the Chief of Police determines that it is detrimental to
the functioning of the department, the Chief may cancel the program. The Chiefs
decision to cancel the program will not be subject to challenge or grievance.
?2
7 PROCEDURES
7.1 DEMOTION & SUSPENSION
7. 1.1 Demotion
The City Manager or his/her designee may demote an employee when the following occurs:
a. The employee fails to perform his/her required duties.
b. The need for a position which an employee fills no longer exists;
c. An employee requests such a demotion.
No employee shall be demoted to a classification for which he/she does not possess the
minimum qualifications of the position at the time of demotion.
When the action is initiated by the City Manager or his/her designee, written notice of demotion
shall be provided to an employee at least ten (10) working days before the effective date of the
demotion, and a copy filed with the 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 City Manager may suspend an employee from a position at any time for a disciplinary
purpose. Intended suspension action shall be reported immediately to the 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
City Manager and the Human Resources Department.
7.2.2 Termination - Layoff
The City Manager or his/her designee may terminate an employee because of changes in
duties or organization, abolition of position, shortage of work or funds, or completion of work for
which employment was made.
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 service 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.
23
7.3 DISCIPLINARY ACTION
7.3.1 Right to Discipline & Discharge
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and
suspension resulting in loss of pay.
The City shall have the right to discharge or discipline any employee for dishonesty,
insubordination, drunkenness, incompetence, negligence, failure to perform work as required or
to observe the Department's safety rules and regulations or for engaging in strikes, individual or
group slowdowns or work stoppages, or for violating or ordering the violation of the
Memorandum of Understanding.
The City may discipline or discharge an employee for the following:
a. Fraud in securing appointment.
b. Negligence of duty.
c. Violation of safety rules.
d. Unacceptable attendance record including tardiness, overstaying lunch or break periods.
e. Possession, distribution or under the influence of alcoholic beverages, non-prescription
or unauthorized narcotic or dangerous drugs during working hours.
f. Inability, unwillingness, refusal or failure to perform work as assigned, required or
directed.
g. Unauthorized soliciting on City property or time.
h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude.
i. Unacceptable behavior toward (mistreatment or discourteousness to) the general public
or fellow employees or officers of the City.
j. Falsifying employment application materials, time reports, records, or payroll documents
or other City records.
k. Disobedience to proper authority.
I. Misuse of City property.
m. Violation of any of the provisions of these working rules and regulations or departmental
rules and regulations.
n. Disorderly conduct, participation in fights, or brawls.
o. Dishonesty or theft.
p. Establishment of a pattern of violations of any City policy or rules and regulations over
an extended period of time in which a specific incident in and of itself would not warrant
disciplinary action, however, the cumulative effect would warrant such action.
q. Failure to perform to an acceptable level of work quality and quantity.
r. Insubordination.
s. Other acts inimical to the public service.
7.3.2 Appeals
If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have
the right to appeal his or her case through the appropriate procedure (Article 7.4). Such appeal
must be filed with the City Manager by the employee in writing within five (5) working days from
the date of the discipline/discharge; unless so filed the right of appeal is lost.
24
7.3.3 City Manager and Arbitration
The employee (appellant) may submit the appeal directly to the City Manager or may request
arbitration. If arbitration is requested, representatives of the City and the employee (appellant)
shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the
arbitrator and of a court reporter shall be shared equally by the Association and the City.
A hearing before the arbitrator shall be held within sixty days of the selection of the arbitrator
unless the arbitrator's schedule does not so permit. The arbitrator shall hear each party's case
as presented during the hearing, and shall subsequently have the power to affirm, reject, or
provide a lesser form of discipline. Decisions of the Arbitrator on matters properly before them
shall be final and binding on the parties hereto, to the extent permitted by the Charter of the
City.
In addition to the arbitrators proposed by the State Mediation and Conciliation Service, the
parties shall be free to select from a pool of arbitrators mutually selected by the City and the
Association.
7.4 GRIEVANCE PROCEDURE
7.4.1 Definition
A grievance is any dispute which involves the interpretation or application of any provision of
this Memorandum of Understanding.
7.4.2 Initial Discussions
Any employee who believes that he or she has a grievance may discuss his or her complaint
with the Police Chief or with such management official as the Police Chief may designate. If the
issue is not resolved within five (5) working days in the Department, or if the employee elects to
submit his or her grievance directly to an official of the employee organization which is formally
recognized as the representative of the classification of which he or she is assigned, the
procedures hereafter specified may be invoked.
7.4.3 Referral to the City Manager
Any employee or any official of the employee organization which have been formally recognized
by the City and which has jurisdiction over any position directly affected by the grievance, may
notify the City Manager and Police Chief in writing that a grievance exists and, in such
notification, state the particulars of the grievance and, if possible, the nature of the
determination which is desired.
No grievance may be processed under Section 7.4.4 below which has not first been heard and
investigated in pursuance of Section 7.4.2. A grievance which remains unresolved thirty (30)
calendar days after it has been submitted in writing may be referred to the next step.
Any time limit may be extended to a definite date by mutual agreement of the Association and
the appropriate management representative.
7.4.4 City Manager and Arbitration
If the grievance is not resolved in the previous step, the grievant, the Association, or the City
may, after completion of the previous step in the grievance procedure, submit the grievance
directly to the City Manager or may request arbitration. If arbitration is requested,
representatives of the City and the Association shall meet promptly to select a mutually
acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be
shared equally by the Association and the City. Each party, however, shall bear the cost of its
own presentations, including preparation and post hearing briefings, if any.
No Arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a
position over which a recognized employee organization has jurisdiction unless such dispute
falls within the definition of grievance as hereinabove set forth in paragraph (1) of this section.
Proposals to add to or change this Memorandum of Understanding or written agreement or
addenda supplementary hereto shall not be grievable and nor proposal to modify, amend or
terminate this Memorandum of Understanding, not any matter or subject under this section; and
no Arbitrator shall have the power to amend or modify this Memorandum of Understanding or
written agreements or addenda supplementary hereto or to establish any new terms or
conditions of employment. No changes in the Memorandum of Understanding or interpretations
thereof will be recognized unless agreed to by the City Manager and the Association.
A hearing before the arbitrator shall be held within 60 days of the selection of the arbitrator
unless the arbitrator's schedule does not so permit, and the arbitrator shall render a decision
which is binding on the parties hereto, to the extent permitted by the Charter of the City.
7.5 REDUCTION IN FORCE
In reduction of force, the last employee appointed within the represented classification shall be
the first employee laid off, and in re -hiring, the last employee laid off shall be the first employee
re -hired until the list of former employees is exhausted, provided that the employee retained or
re -hired is capable, in the opinion of the City, to perform the work required. An employee laid off
from City services prior to being re -hired must pass the physical examination administered by a
City -appointed physician and must pass the background check administered by the Police
Department. The names of employees laid off shall be placed on a Re-employment Eligibility
List as hereinafter specified.
The Re-employment Eligibility List shall consist of names of employees and former employees
having probationary or permanent status who were laid off in that classification. The rank order
on such lists shall be determined by relative seniority as specified above. Such list shall take
precedence over all other eligible lists in making appointments to the classification in which the
employee worked.
The name of any person laid off shall continue on the appropriate Re-employment Eligible List
for a period of one (1) year after it is placed thereon. The names of any eligible employees on a
Re-employment Eligibility List shall be automatically removed from said list at the expiration of
the appropriate period of eligibility.
26
SAN RAFAEL POLICE MID -MANAGEMENT
ASSOCIATION:
Dan Fink, Police Lieutenant
Scott Eberle, Police Lieutenant
f") I za -t-)
Date
CITY OF SAN RAFAEL:
1
Cristine Alilovich, Assistant City Manager
Sylvia onzalez-She on, HR Operations Mgr
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