HomeMy WebLinkAboutCM-HR Successor Memorandum of Understanding with San Rafael Fire Chief Officers' Association (SRFCOA)____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: June 3, 2024
Disposition: Resolution 15294
Agenda Item No: 6.d
Meeting Date: June 3, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office/Human Resources
Prepared by: Angela Robinson Piñon,
Assistant City Manager
Marissa Sanchez, Human
Resources Director
City Manager Approval: ______________
TOPIC: SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH SAN RAFAEL FIRE
CHIEF OFFICERS’ ASSOCIATION (SRFCOA)
SUBJECT: RESOLUTION APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING
PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL
FIRE CHIEF OFFICERS’ ASSOCIATION (SRFCOA), BEGINNING JUNE 1, 2024
THROUGH JUNE 30, 2027
RECOMMENDATION:
Adopt a resolution approving a successor memorandum of understanding (MOU) pertaining to
compensation and working conditions for the San Rafael Fire Chief Officers’ Association (SRFCOA)
beginning June 1, 2024, and ending June 30, 2027.
BACKGROUND:
The San Rafael Fire Chief Officers’ Association (SRFCOA) represents 3 sworn employees in the San
Rafael Fire Department. The most recent Memorandum of Understanding (“MOU”) for SRFCOA will
expire on June 30, 2024. Representatives of the City and SRFCOA have met in good faith and worked
diligently to negotiate the terms of a successor MOU. The City and SRFCOA signed a total package
tentative agreement for a three-year successor MOU effective June 1, 2024, and SRFCOA membership
ratified the proposal on May 29, 2024.
The City’s negotiations were informed by the following:
•Fiscal Sustainability and Predictability
o Revenue Assumptions
o Expenditure Assumptions
o Inflation and recession predictions
•Three-year MOUs
•Recruitment and Retention of Employees
o Vacancy and Attrition Rates
o Hard to fill job classifications
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Compensation of Comparable Agencies as Specified in the Current MOU
• Internal Equity and Compaction
ANALYSIS:
As noted previously, the City’s negotiations were informed by compensation by comparable agencies as
well as internal equity and compaction. As specified in the SRFCOA MOU, the City prepared a
compensation survey for the rank of Battalion Chief. The survey included wages and benefits as of
December 2023, and the analysis concluded the total compensation (excluding retirement) for Battalion
Chiefs was 11.25% less than comparable Bay Area agencies.
The following section summarizes the terms and significant economic items in the successor MOU
between the City and SRFCOA. In addition to the economic items, some operational items were
addressed in the final agreement.
1. Term of the Agreement: June 1, 2024, through June 30, 2027
2. Salary Increase (Article 3.1.1): All classifications in the bargaining group will receive a 3.0% cost
of living salary increase each year of the MOU. In addition, individual classifications will receive
equity adjustments based on the labor market adjustment agreed to for each position.
a. Year 1: 3.00% general salary increase and a 3.55% equity adjustment (6.55% total
increase)
b. Year 2: 3.00% general salary increase and a 3.00% equity adjustment (6.00% total increase)
c. Year 3: 3.00% general salary increase a 2.5% equity adjustment on July 1, 2026 (5.50%
total increase), and a 1.00% equity adjustment on January 1, 2027
The salary schedule included in the attached MOU authorizes the proposed new salary range for
SRFCOA.
3. Full Flex Cafeteria Plan (Article 4.2.1): To address rising healthcare costs and improve the
City’s ability to recruit and retain employees and to improve the market position among
comparator agencies, employees will receive an increase in their monthly Flex Dollar Allowance
as noted below:
Health Tier Current Increase Effective
Dec 2024
Employee Only $ 825.69 $ 124.31 $ 950.00
Employee +1 dependent $ 1,321.09 $ 578.91 $ 1,900.00
Employee + Family $ 1,717.44 $ 682.56 $ 2,400.00
For the term of this MOU, on December 15, 2025 and December 15, 2026, the flex dollar amount
shall increase up to a maximum of 5%, based on the Kaiser Bay Area premium rate increase. If
the Kaiser Bay Area premium rate increase is between 10%-15%, the City and employees
represented by SRFCOA will split the cost of the increase above ten percent (10%) evenly. Should
the rate increase exceed 15%, the City and the Association agree to reopen the MOU to negotiate
the employer’s contribution to healthcare. Upon expiration of the MOU, the flex dollar amount
increase shall revert back to a maximum of 3%, based on the Kaiser Bay Area premium rate
increase.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
4. Bilingual Pay (Article 3.4.4): Includes compensation for employees fluent in a language other than
English. Employees who demonstrate proficiency in speaking and writing a language may receive
up to an additional $250.00 monthly.
5. Specialty Assignment (Article 6.5): Adds a 5% incentive for employees who take on additional
work responsibilities as part of a specialty assignment within SRFD.
6. Acting Deputy Chief/Fire Chief Pay (Article 6.9.6): Employees who are asked to perform the job
duties and responsibilities of either the Deputy Chief or Fire Chief will receive “out of class”
compensation after working one (1) 37.5-hour work week or more.
7. Non-Economic Items: In addition to the items discussed above, an agreement was
reached on other proposals, which reflect minor changes to existing provisions with no
additional cost. The attached MOU includes all the changes agreed to by the parties. A brief
overview of these negotiated MOU sections includes:
• Gender Neutral Language (Throughout MOU): Replaced references to “he,” “she,” “his,” and
“hers” with “they,” “them,” and “their.”
• Compensation Goals & Definitions (Article 3.1.2): Adds bilingual pay to the definition of “total
compensation.”
• Contributions to Retiree Health Savings Account (Article 4.2.3): Changed the voluntary
employee contribution from $5,000 to 100 hours of employee compensation.
• Sick Leave Payoff (Article 5.1.5): Incorporated an existing side letter regarding the maximum
sick leave payout, and contribution of excess leave into an employee’s Retiree Health
Savings Account.
• Holidays – Days Observed (Article 5.3.1): Incorporates side letter recognizing Juneteenth as
a City holiday.
• Bereavement Leave (Article 5.4.2): Updated existing bereavement language to comply with
changes in state law.
• Traumatic Incident Leave (Article 5.4.10): Allows the Fire Chief to authorize up to forty-eight
hours of leave for an employee who has experienced a traumatic incident while on duty.
• Paid Parental Leave (Article 5.4.11): Provides 300 hours (or 13 shifts) of paid parent leave
for employees following the birth or adoption of a child.
• End of Life Care Leave (Article 5.4.12): Provides up to 80 hours of paid leave for an
employee who is providing care to a family member at the end of their life.
FISCAL IMPACT:
The current total annual salary and benefit cost for the 3 employees of SRFCOA is $1,208,877. The
additional ongoing incremental cost of the successor MOU beyond the fiscal year 2023-24 budget is:
Incremental
FY 2024-25
Incremental
FY 2025-26
Incremental
FY 2026-27
Wages:
Salary $51,368 $40,506 $43,133
Other Costs:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Pension* $37,827 $29,829 $31,763
Taxes (Medicare, WC) $ 4,122 $ 3,884 $ 4,136
Benefits $15,460 $ 2,894 $ 3,044
Total Annual Incremental Costs: $108,777 $77,113 $82,076
Total Over Term of Contract $326,331 $154,226 $82,076
$570,436
*This incremental pension cost results only from the negotiated wage increase and does not include the cost of
associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged.
Over the term of the agreement, the contract costs are $570,436 for an effective date of July 1, 2024.
The increase in compensation included in this resolution is being reflected in the City’s FY 2024-25
budget and updated budget projections. Funding for these positions is provided for within the City’s
General Fund (73%) and EMS/Paramedic Tax Special Revenue Fund (27%).
OPTIONS:
The City Council has the following options to consider in this matter:
• Adopt the resolution
• Adopt resolution with modifications.
• Direct staff to return with more information.
• Take no action.
RECOMMENDED ACTION:
Adopt a resolution approving a successor memorandum of understanding (MOU) pertaining to
compensation and working conditions for the San Rafael Fire Chief Officers’ Association (SRFCOA)
beginning June 1, 2024, and ending June 30, 2027.
ATTACHMENTS:
1. Resolution with attached MOU between the City of San Rafael and the San Rafael Fire Chief
Officers’ Association for June 1, 2024, to June 30, 2027 (and all attachments)
2. Draft MOU with tracked changes
RESOLUTION NO. 15294
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND SAN RAFAEL FIRE CHIEF OFFICERS’
ASSOCIATION (SRFCOA) PERTAINING TO COMPENSATION AND WORKING
CONDITIONS (JUNE 1, 2024 THROUGH JUNE 30, 2027)
WHEREAS, the City of San Rafael and representatives of SRFCOA have met and conferred in
good faith with regard to wages, hours and working conditions in accordance with the provisions
of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding (“MOU”) pertaining to the three-year period from
June 1, 2024, through June 30, 2027, has been ratified by SRFCOA members.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
Section 1: From and after the date of adoption of this Resolution, the
City of San Rafael and San Rafael Fire Chief Officers’ Association
(SRFCOA) shall utilize the MOU for the period beginning June 1, 2024,
attached hereto, as the official document of reference respecting
compensation and working conditions for employees represented by
SRFCOA.
Section 2: The schedules describing classes of positions and salary
ranges are attached to said MOU and, together with the MOU itself, are
hereby adopted and shall be attached hereto and incorporated in full.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of the City of
San Rafael, held on the 3rd of June 2024, by the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
Lindsay Lara, City Clerk
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL FIRE CHIEF OFFICERS’ ASSOCIATION
JUNE 1, 2024 - JUNE 30, 2027
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SRFCO MOU 2024-2027
TABLE OF CONTENTS
1 GENERAL PROVISIONS ............................................................................................................. 5
1.1 INTRODUCTION ................................................................................................................................... 5
1.1.1 SCOPE OF AGREEMENT .................................................................................................................. 5
1.1.2 TERM OF MEMORANDUM OF UNDERSTANDING (MOU) ................................................................ 5
1.2 RECOGNITION ..................................................................................................................................... 5
1.2.1 BARGAINING UNIT ........................................................................................................................... 5
1.2.2 AVAILABLE COPIES ......................................................................................................................... 6
1.2.3 CITY RECOGNITION ......................................................................................................................... 6
1.2.4 EMPLOYEE REPRESENTATIVES ...................................................................................................... 6
1.3 DISCRIMINATION ................................................................................................................................. 6
1.3.1 IN GENERAL ..................................................................................................................................... 6
1.3.2 ASSOCIATION DISCRIMINATION ...................................................................................................... 6
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING ...................................................................... 6
1.5 EXISTING LAWS, REGULATIONS & POLICIES ................................................................................... 6
1.6 STRIKES & LOCKOUTS ...................................................................................................................... 6
1.7 SEVERABILITY .................................................................................................................................... 7
1.8 PREVAILING RIGHTS .......................................................................................................................... 7
1.9 MANAGEMENT RIGHTS ...................................................................................................................... 7
1.10 FULL UNDERSTANDING, MODIFICATION, WAIVER ......................................................................... 8
1.10.1 MODIFICATION/WAIVER ................................................................................................................ 8
1.10.2 EFFECTIVE DATES ........................................................................................................................ 8
1.10.3 JOINT REPRESENTATION .............................................................................................................. 8
2 MMBA .................................................................................................................................................. 8
2.1 DUES DEDUCTION .............................................................................................................................. 8
2.2 RELEASE TIME ................................................................................................................................... 9
2.3 ASSOCIATION ORIENTATION OF NEW EMPLOYEES ......................................................................... 9
2.4 EMPLOYEE INFORMATION .................................................................................................................. 9
3 COMPENSATION ......................................................................................................................... 10
3.1 GENERAL WAGES & COMPENSATION ............................................................................................ 10
3.1.1 GENERAL WAGE INCREASE .......................................................................................................... 10
3.1.2 COMPENSATION GOAL & DEFINITIONS ........................................................................................ 10
3.1.3 COMPENSATION SURVEYS ........................................................................................................... 10
3.2 SALARY STEP INCREASE ................................................................................................................. 11
3.3 PAY CHECK DATES .......................................................................................................................... 11
3.4 ADDITIONAL PAY .............................................................................................................................. 11
3.4.1 EDUCATION INCENTIVE PROGRAM ............................................................................................... 11
3.4.2 UNIFORM ALLOWANCE .................................................................................................................. 11
3.4.3 BOOT ALLOWANCE ........................................................................................................................ 11
3.4.4 BILINGUAL PAY .............................................................................................................................. 11
4 BENEFITS ....................................................................................................................................... 12
4.1 JOINT BENEFITS COMMITTEE .......................................................................................................... 12
4.2 HEALTH & WELFARE ....................................................................................................................... 12
4.2.1 FULL FLEX CAFETERIA PLAN ........................................................................................................ 12
4.2.2 RETIREE’S HEALTH INSURANCE ................................................................................................... 13
4.2.3 CONTRIBUTIONS INTO A RETIREE HEALTH SAVINGS ACCOUNT (RHS) ..................................... 14
4.2.4 DEFERRED COMPENSATION PLAN ............................................................................................... 14
4.2.5 FLEXIBLE SPENDING ACCOUNT FOR HEALTH AND DEPENDENT CARE REIMBURSEMENT (125)
14
4.3 LIFE INSURANCE............................................................................................................................... 15
4.4 LONG TERM DISABILITY POLICY ..................................................................................................... 15
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SRFCO MOU 2024-2027
4.5 DENTAL PLAN................................................................................................................................... 15
4.6 RETIREMENT ..................................................................................................................................... 15
4.6.1 CITY PAID EMPLOYEE RETIREMENT ............................................................................................ 15
4.6.2 RETIREMENT PLANS ..................................................................................................................... 15
4.6.3 MEMBER COST OF LIVING RATES ................................................................................................ 16
4.6.4 ADDITIONAL PENSION FUNDING ................................................................................................... 16
5 LEAVES ............................................................................................................................................. 16
5.1 SICK LEAVE ...................................................................................................................................... 16
5.1.1 POLICY STATEMENT ...................................................................................................................... 16
5.1.2 ADMINISTRATION OF SICK LEAVE ................................................................................................. 16
5.1.3 SICK LEAVE ACCRUAL .................................................................................................................. 17
5.1.4 SICK LEAVE SERVICE CREDIT OPTION ........................................................................................ 17
5.1.5 SICK LEAVE PAYOFF ..................................................................................................................... 17
5.2 VACATION LEAVE ............................................................................................................................. 17
5.2.1 POLICY STATEMENT ...................................................................................................................... 17
5.2.2 RATE OF ACCRUAL ........................................................................................................................ 18
5.2.3 ADMINISTRATION OF VACATION LEAVE........................................................................................ 18
5.2.4 VACATION ACCRUAL CAP ............................................................................................................. 19
5.2.5 VACATION PAYOFF ........................................................................................................................ 19
5.3 HOLIDAYS ......................................................................................................................................... 19
5.3.1 DAYS OBSERVED .......................................................................................................................... 19
5.3.2 HOLIDAY PAY ................................................................................................................................ 20
5.4 OTHER LEAVE .................................................................................................................................. 20
5.4.1 ADMINISTRATIVE LEAVE ................................................................................................................ 20
5.4.2 BEREAVEMENT LEAVE .................................................................................................................. 20
5.4.3 JURY DUTY .................................................................................................................................... 20
5.4.4 WORKERS COMPENSATION LEAVE .............................................................................................. 20
5.4.5 MILITARY LEAVE ............................................................................................................................ 21
5.4.6 LEAVE OF ABSENCES WITHOUT PAY ........................................................................................... 21
5.4.7 FAMILY MEDICAL LEAVE ............................................................................................................... 21
5.4.8 CATASTROPHIC LEAVE ................................................................................................................. 21
5.4.9 ABSENCE WITHOUT AUTHORIZED LEAVE .................................................................................... 21
5.4.10 TRAUMATIC INCIDENT LEAVE ..................................................................................................... 21
5.4.11 PAID PARENTAL LEAVE .............................................................................................................. 21
5.4.12 END OF LIFE CARE LEAVE .......................................................................................................... 23
5.5 ACCRUAL BALANCE ADJUSTMENT ................................................................................................. 24
6 TERMS & CONDITIONS OF EMPLOYMENT ................................................................... 24
6.1 WORK WEEK .................................................................................................................................... 25
6.2 HOURLY RATE .................................................................................................................................. 25
6.3 OVERTIME ......................................................................................................................................... 25
6.4 CONTRACTUAL OVERTIME LEAVE .................................................................................................. 25
6.4.1 ACCRUAL LIMIT ............................................................................................................................. 25
6.4.2 OVERTIME RATE ........................................................................................................................... 26
6.5 SPECIALTY ASSIGNMENT ................................................................................................................. 26
6.6 SELECTION ....................................................................................................................................... 26
6.6.1 SELECTION PROCESS ................................................................................................................... 26
6.6.2 REFERRAL PROCESS .................................................................................................................... 26
6.6.3 BATTALION CHIEF QUALIFICATIONS ............................................................................................. 26
6.7 PROBATIONARY PERIOD .................................................................................................................. 26
6.7.1 PURPOSE OF PROBATION ............................................................................................................. 26
6.7.2 LENGTH OF PROBATIONARY PERIOD ........................................................................................... 26
6.7.3 REJECTION DURING PROBATION ................................................................................................. 26
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SRFCO MOU 2024-2027
6.7.4 EXTENSION OF PROBATIONARY PERIOD ..................................................................................... 27
6.7.5 NOTIFICATION OF EXTENSION OR REJECTION ............................................................................ 27
6.7.6 REGULAR STATUS ......................................................................................................................... 27
6.7.7 PROMOTION OF PROBATIONARY EMPLOYEE ............................................................................... 27
6.7.8 UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION ........................................................ 27
6.8 PERSONNEL RULES & REGULATIONS ............................................................................................ 27
6.8.1 DRUG & ALCOHOL POLICY ........................................................................................................... 27
6.8.2 OUTSIDE EMPLOYMENT POLICY ................................................................................................... 27
6.8.3 TEMPORARY LIGHT (MODIFIED) DUTY POLICY STATEMENT ...................................................... 27
6.8.4 NO SMOKING/TOBACCO USE POLICY .......................................................................................... 28
6.8.5 MEDICAL STANDARDS ................................................................................................................... 28
6.9 MISCELLANEOUS .............................................................................................................................. 28
6.9.1 RETURN OF CITY EQUIPMENT ...................................................................................................... 28
6.9.2 POLITICAL ACTIVITY ...................................................................................................................... 28
6.9.3 STAFFING LEVELS ......................................................................................................................... 28
6.9.4 CAREER DEVELOPMENT PROGRAM ............................................................................................. 28
6.9.5 GYM REIMBURSEMENT ................................................................................................................. 28
6.9.6 ACTING DEPUTY CHIEF/FIRE CHIEF PAY .................................................................................... 28
7 PROCEDURES ............................................................................................................................... 29
7.1 DEMOTION & SUSPENSION .............................................................................................................. 29
7.1.1 DEMOTION ..................................................................................................................................... 29
7.1.2 SUSPENSION ................................................................................................................................. 29
7.2 TERMINATION OF EMPLOYMENT ...................................................................................................... 29
7.2.1 RESIGNATION ................................................................................................................................ 29
7.2.2 TERMINATION/ DEMOTION - LACK OF WORK OR FUNDS .............................................................. 29
7.2.3 TERMINATION - DISCIPLINARY REASONS ..................................................................................... 29
7.2.4 TERMINATION - PROBATION ......................................................................................................... 30
7.2.5 RETIREMENT ................................................................................................................................. 30
7.3 DISCIPLINARY ACTION ..................................................................................................................... 30
7.3.1 AUTHORITY .................................................................................................................................... 30
7.3.2 DEFINITION .................................................................................................................................... 30
7.3.3 CAUSES FOR DISCIPLINARY ACTION ............................................................................................ 30
7.3.4 APPEALS ........................................................................................................................................ 31
7.3.5 PROCEEDING HEARD BY CITY MANAGER .................................................................................... 31
7.3.6 CITY MANAGER AND ARBITRATION .............................................................................................. 31
7.4 GRIEVANCE PROCEDURE ................................................................................................................ 31
7.4.1 DEFINITION .................................................................................................................................... 31
7.4.2 INITIAL DISCUSSION ...................................................................................................................... 32
7.4.3 REFERRAL TO CITY MANAGER ..................................................................................................... 32
7.4.4 CITY MANAGER AND ARBITRATION .............................................................................................. 32
7.5 FURLOUGH PROGRAM ..................................................................................................................... 32
7.6 REDUCTION IN FORCE ...................................................................................................................... 32
7.6.1 AUTHORITY .................................................................................................................................... 32
7.6.2 NOTICE .......................................................................................................................................... 32
7.6.3 ORDER OF LAYOFF ....................................................................................................................... 33
7.6.4 SENIORITY ..................................................................................................................................... 33
7.6.5 BUMPING RIGHTS .......................................................................................................................... 33
7.6.6 TRANSFER RIGHTS ....................................................................................................................... 33
7.7 RE-EMPLOYMENT ............................................................................................................................. 33
7.7.1 GENERAL GUIDELINES .................................................................................................................. 33
7.7.2 RIGHT TO RE-EMPLOYMENT......................................................................................................... 33
7.7.3 TIME LIMITS ................................................................................................................................... 34
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SRFCO MOU 2024-2027
7.7.4 AVAILABILITY ................................................................................................................................. 34
7.7.5 PROBATIONARY STATUS ............................................................................................................... 34
7.7.6 RESTORATION OF BENEFITS ........................................................................................................ 34
LIST OF EXHIBITS
Exhibit A Salary Schedules for June 1, 2024 – June 30, 2027
Exhibit B Furlough Plan
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SRFCO MOU 2024-2027
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SAN RAFAEL
AND
SAN RAFAEL FIRE CHIEF OFFICERS’ ASSOCIATION
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act
(Section 3500, et seq. the Government Code of the State of California).
The San Rafael Fire Chief Officers’ Association and representatives of the City of San Rafael
have met and conferred in good faith regarding wages, hours and other terms and conditions of
employment of employees in said representative unit, and have freely exchanged information,
opinions and proposals, and have reached an agreement on all matters relating to the
employment conditions and the 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 for salary and employee benefit
adjustments for the period commencing June1, 2024 and ending June 30, 2027. When ratified
by the City Council, this Memorandum of Understanding shall be binding upon the San Rafael
Fire Chief Officers’ Association, the employees it represents, and the City of San Rafael.
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 Fire Chief Officers’ Association (herein-after called
“ASSOCIATION”) and shall apply to all employees of the City working in the classifications and
bargaining unit set forth as follows:
a. Battalion Chief
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 Employer-Employee Resolution, City’s Administrative Procedures, and Fire Department
Rules and Regulations, General Orders and Procedures.
1.1.2 Term of Memorandum of Understanding (MOU)
This agreement shall be in effect from June 1, 2024 through June 30, 2027.
1.2 RECOGNITION
1.2.1 Bargaining Unit
City hereby recognizes Association as the bargaining representative for purpose of establishing
salaries, hours, fringe benefits and working conditions for all employees within the San Rafael
Fire Chief Officers’ Association Bargaining Unit which includes the following:
a. Battalion Chief
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SRFCO MOU 2024-2027
1.2.2 Available Copies
Both the City and the 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.
1.2.3 City Recognition
The Municipal Employee Relations Officer of the City of San Rafael, or any person or
organization duly authorized by the Municipal Relations Officer, is the representative of the City
of San Rafael, hereinafter referred to as the “City” in employer-employee relations, as provided
in Resolution No. 12189 adopted by the City Council on February 5, 2007.
1.2.4 Employee Representatives
The Association shall, by written notice to the City Manager, designate certain of its members
as Employee Representatives.
1.3 DISCRIMINATION
1.3.1 In General
The parties to this contract agree that they shall not, in any manner, discriminate against any
person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual
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.
1.3.2 Association Discrimination
No member, official, or representative of the Association shall, in any way suffer any type of
discrimination in connection with continued employment, promotion, or otherwise by virtue of
membership in or representation of Association.
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Association agree to keep duplicate originals of this Memorandum on file
in a readily accessible location available for inspection by any employee or member of the
public upon request.
1.5 EXISTING LAWS, REGULATIONS & POLICIES
This Memorandum is subject to all applicable laws.
1.6 STRIKES & LOCKOUTS
During the term of this Memorandum of Understanding, the City agrees that it will not lock out
employees and the Association agrees that it will not agree to encourage or approve any strike
or slow down 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.
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SRFCO MOU 2024-2027
1.7 SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation
of law, or by any tribunal or competent jurisdiction, or if compliance with or any enforcement of
any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not
be affected thereby, and the parties shall, if possible, enter into meet and confer sessions for
the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or
section.
1.8 PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted
through rules, regulations, ordinances or resolutions, which are not specifically superseded by
the M.O.U., shall remain in full force and effect throughout the term of this Agreement.
1.9 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and exclusively, all rights of management
which have not been expressly abridged by specific provision of this Memorandum of
Understanding or by law to manage the City, as such rights existed prior to the execution of this
Memorandum of Understanding. The sole and exclusive rights of management, as they are not
abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence of facts which are the basis of the management decision.
3. To determine the necessity of any organization or any service or activity conducted by
the City and expand or diminish services.
4. To determine the nature, manner, means, technology and extent of services to be
provided to the public.
5. Methods of financing.
6. Types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology, means and size of the
work force by which the City operations are to be conducted.
8. To determine and change the number of locations, re-locations and types of
operations, processes and materials to be used in carrying out all City functions
including, but not limited to, the right to contract for or subcontract any work or
operation of the City.
9. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
10. To relieve employees from duties for lack of work or similar non-disciplinary reasons.
11. To establish and modify organizational 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, the Firefighters Procedural Bill of Rights, and this Memorandum of
Understanding.
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 Rules and
Regulations.
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15. To determine policies, procedure 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.
The City and Association agree and understand that if, in the exercise of any of the rights set
forth above, the effect of said exercise of rights by the City impacts an area within the scope of
representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts,
and/or Federal law, the City shall have the duty to meet and confer with the Association
regarding the impact of its decision/exercise of rights.
1.10 FULL UNDERSTANDING, MODIFICATION, WAIVER
1.10.1 Modification/Waiver
Except as specifically otherwise provided herein, it is agreed and understood that each party
hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be
required to meet and confer with respect to any subject or matter covered herein, nor as to
wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall
not preclude the parties hereto from meeting and conferring at any time during the term of this
Agreement with respect to any subject matter within the scope of meeting and conferring for a
proposed Memorandum of Understanding between the parties to be effective on or after July 1,
2020.
1.10.2 Effective Dates
This Agreement will be in effect from June 1, 2024, through June 30, 2027. It shall be
automatically renewed from year to year thereafter unless either party shall have notified the
other, in writing, at least sixty (60) days prior to the annual anniversary of the above date that it
desires to modify the Memorandum. In the event that such notice is given, negotiations shall
begin no later than thirty (30) days prior to the anniversary date.
1.10.3 Joint Representation
The parties jointly represent to the City Council that this Memorandum of Understanding sets
forth the full and entire understanding of the parties regarding the matters set forth herein.
2 MMBA
2.1 DUES DEDUCTION
Payroll deduction for membership dues shall be granted by the City to the Association.
The following procedures shall be observed in the withholding of employee earnings:
A. Payroll deductions shall be for a specified amount in uniform as between employee
members of the Association and shall not include fines, fees and/or assessments. Dues
deductions shall be made only upon the employees’ written authorization.
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B. Authorization, cancellation or modifications of payroll deduction shall be made upon
forms provided or approved by the City Manager or their designee. The voluntary
payroll deduction authorization shall remain in effect until employment with the City is
terminated or until canceled or modified by the employee by written notice to the City
Manager or their designee. Employees may authorize dues deductions only for the
organization certified as the recognized employee organization of the classification to
which such employees are assigned.
C. Amounts deducted and withheld by the City shall be transmitted to the officer designated
in writing by the Association as the person authorized to receive such funds, at the
address specified.
D. The employees’ earnings must be sufficient, after all other required deductions are
made, to cover the amount of the deductions herein authorized. When an employee is
in a non-pay status for an entire pay period, no withholdings will be made to cover that
pay period from future earnings, nor will the employee deposit the amount with the City
which would have been withheld if the employee had been in a pay status during that
period.
In the case of an employee who is in a non-pay status during a part of the pay period
and the salary is not sufficient to cover the full withholding, no deductions shall be made.
In this connection, all other required deductions have priority over the employee
organization deduction.
E. The Association shall file with the City an indemnity statement wherein the Association
shall indemnify, defend, and hold the City harmless against any claim made and against
any suit initiated against the City on account of check-off of Association dues,
assessments and other payments to the Association. In addition, the Association shall
refund to the City any amounts paid to it in error upon presentation of supporting
evidence.
2.2 RELEASE TIME
The City shall allow a reasonable number of Association members time off without loss of
compensation or other benefits when formally meeting and conferring with representatives of
this City on matters within the scope of representation. Reasonable time off without loss of
compensation or other benefits shall also be granted to members of the Association to
participate in and prepare for grievances.
2.3 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.
2.4 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.
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3 COMPENSATION
3.1 GENERAL WAGES & COMPENSATION
3.1.1 General Wage Increase
In the First Year, compensation increases will take effect the first full pay period including June
1, 2024.
In Year 1, the City will provide a 3.0% general salary increase plus a 3.55% equity
adjustment (6.55% total);
In Year 2, the City will provide a 3.0% general salary increase plus a 3.0% equity
adjustment (6.00% total); and,
In Year 3, the City will provide a 3.0% general salary increase plus a 2.5% equity
adjustment (5.50% total) on July 1, 2026, and a 1.0% general salary increase on
January 1 2027..
3.1.2 Compensation Goal & Definitions
It is the goal of the City Council to try to achieve a total compensation package for all employees
represented by the Association in an amount equal to the following:
1.The average, plus one dollar, of the total compensation paid to the same or similar
classifications in the following ten (10) cities/districts: Alameda, Alameda County,
Fairfield, Hayward, Napa, Novato Fire District, Santa Rosa, Southern Marin Fire
District, and South San Francisco, Vallejo; and,
2.The highest total compensation paid to the same or similar classifications in agencies
in Marin County.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding
longevity pay steps), educational incentive pay, holiday pay, uniform allowance, bilingual pay,
employer paid deferred compensation, employer’s contribution towards employees’ share of
retirement, employer paid contributions toward insurance premiums for health, life, long term
disability, dental and vision plans and employer paid cafeteria/flexible spending accounts. Total
compensation comparisons shall be calculated both with and without the employer’s retirement
contribution.
3.1.3 Compensation Surveys
To measure progress towards the above-stated goal, the City and the Association will jointly
survey the benchmark position of Battalion Chief three (3) months before the expiration of this
contract.
Identified benchmark positions from other agencies include positions that are filled as well as
those that may be unfilled, so long as the benchmark position is identified by the survey agency
as being on the salary schedule and having a job class description. Other city/agency positions
are established as benchmark positions in San Rafael's compensation survey based upon
similar work and similar job requirements.
Survey data will include all salary and benefit increases, as defined in 'total compensation' for
the purpose of measuring progress towards the goal. The City and the Association shall review
the benchmark and related survey data for accuracy and completeness.
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3.2 SALARY STEP INCREASE
An employee shall be considered for a step increase annually until the top step has been
reached. Advancement to a higher salary within a salary step schedule may be granted for
continued satisfactory service by the employee in the performance of their duties. Salary step
advancement shall be made only upon the recommendation of the Fire Chief, with the approval
of the City Manager or their designee, and are not automatic, but based on documented,
acceptable work performance. Accelerated salary step increases may be granted an employee
based upon the recommendation of the Fire Chief and approval of the City Manager for
exceptional job performance.
3.3 PAY CHECK DATES
City employees are paid twice per month on the 15th and the last working day of the month.
When a pay day falls on a holiday, the pay day will be transferred to the following day of regular
business unless the Finance Office is able to complete the payroll by the previous work day.
The method of distributing the payroll shall be established by the Finance Director.
During the term of this Agreement, the City may institute change the payroll schedule from 24
pay cycles per year to 26 pay cycles per year.
3.4 ADDITIONAL PAY
3.4.1 Education Incentive Program
The Educational Incentive for all employees represented by this Association is included in the
base salary.
3.4.2 Uniform Allowance
Uniform members of the Fire Department, represented by this Association, shall receive a
uniform allowance in the amount of $805.00 at the completion of each six months of service
ending June 1st and December 1st. A pro-ration at the rate of $134.17 per month may be given
for a portion of the first and last six months of service upon recommendation of the Department
Head and approval of the City Manager.
3.4.3 Boot Allowance
Uniform members of the Fire Department, represented by this Association, shall be entitled to a
maximum of $160 every two fiscal years for a boot allowance. The employee is responsible for
purchasing safety boots and submitting a receipt for reimbursement. The boots must be
purchased for City use only and must adhere to safety requirements.
3.4.4 Bilingual Pay
Job performance in classifications represented by the Association may receive bilingual pay for
full fluency in a foreign language.
Full fluency is defined as a skill level that will allow the employee to fully assist someone else
who does not speak English in coping with situations or problems by translating for, conversing
with and/or reading or writing written material.
An employee can petition the Fire Chief for this bilingual incentive pay. At the recommendation
of the Fire Chief, the employee may begin to receive this bilingual pay incentive.
Criteria for approval of the bilingual pay incentive by the Fire Chief includes:
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a. Certification by a recognized school of the appropriate skill level; and/or
b. Demonstrated ability of the proficiency level on the job; and
c. Fire Chief's recommendation and statement that the bilingual skill of the employee can be of
value to the department and the employee in the completion of their regular work assignments.
Employees who have been approved for the bilingual pay incentive and are required in the
performance of their duties to converse with the public in a language other than English shall
receive an additional $200.00 per month above their base salary.
Employees who also translate official written documents to or from a language other than
English shall receive an additional $50.00 for a total of $250.00 per month above their base
salary.
This bilingual pay incentive shall be reviewed annually and shall continue as long as the
employee demonstrates (by work experience or re-testing) the full fluency skill level; and as long
as the Fire Chief indicates the value of this skill to the department and the employee in the
completion of their regular work assignments. Removal of the bilingual pay incentive would be
considered a non-disciplinary action.
4 BENEFITS
4.1 JOINT BENEFITS COMMITTEE
Both parties agree to continue to utilize the Joint Benefits Committee for on-going review of
benefit programs, cost containment, and cost savings options. The committee shall include
representatives from all bargaining groups.
4.2 HEALTH & WELFARE
4.2.1 Full Flex Cafeteria Plan
Effective January 1, 2010 the City implemented a full flex cafeteria plan for active employees
in accordance with IRS Code Section 125. Active employees shall receive a monthly flex dollar
allowance to purchase benefits under the Full Flex Cafeteria plan.
Effective July 1, 2024, the monthly flex dollar allowances shall be:
For employee only: $ 825.69
For employee and one dependent: $1,321.09
For employee and two or more dependents: $1,717.44
The monthly flex dollar allowance effective the first paycheck of December 2024 shall be:
For employee only: $ 950.00
For employee and one dependent: $1,900.00
For employee and two or more dependents: $2,400.00
Flex Dollar Increases for this MOU Term
Effective December 15, 2025, and December 15, 2026, the flex dollar allowances shall increase
on the December 15th paycheck up to a maximum of five percent (5.0%) on an annual basis. If
the Kaiser Bay Area premium rate increase is less than five percent (5.0%), the flex dollar
allowance shall only increase the amount of the Kaiser Bay Area premium increase. In the event
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that the Kaiser Bay Area premium rate increase for the upcoming calendar year exceeds ten
percent (10%) and is less than fifteen percent (15%), the City and the employee will split the cost
of the increase above ten percent (10%) evenly; each paying 50% of the dollar value of the
increase between 10-15%. In the unlikely event that the Kaiser Bay Area premium rate increases
for the upcoming calendar year in 2026 or 2027 to an amount exceeding fifteen percent (15%),
the City and the Association agree to reopen the MOU to negotiate the employer’s contribution to
healthcare. The parties agree that this provision will sunset upon the expiration of the MOU.
Upon the expiration of the MOU, flex dollar allowances shall increase on the first paycheck on
December 15, 2027, unless superseded by another agreement, up to a maximum of three percent
(3.0%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate
increase for the upcoming calendar year.
The City shall contribute to the cost of medical coverage for each eligible employee and their
dependents, an amount not to exceed the California Public Employees’ Medical and Hospital
Care Act (PEMHCA) Minimum Employer 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.
Conditional Opt-out Payment: An employee may elect to waive the City’s health insurance
coverage and receive an Opt-out payment in accordance with the terms of the cafeteria plan,
and the Affordable Care Act, if the employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family
for whom coverage is waived, have alternative Minimum Essential Coverage as defined
by the Patient Protection and Affordable Care Act through a provider other than a federal
marketplace, a state exchange, or an individual policy.
2) During the City’s annual open enrollment period, the employee must complete an annual
written attestation confirming that the employee and the other members of the
employee’s tax family are enrolled in alternative Minimum Essential Coverage. The
employee agrees to notify the City no later than 30 days if the employee or other
member(s) of the employee’s tax family lose coverage under the alternative Minimum
Essential Coverage Plan.
3) The employee understands that the City is legally required to immediately stop
conditional Opt-out payments if the City learns that the employee and/or members of the
employee’s family do not have the alternative Minimal Essential Coverage.
The Opt-out payment will be $760 per month for employees hired into the association on or
before January 1, 2017. New members hired into the association after January 1, 2017, shall be
eligible for a $300 Opt-out payment.
The City reserves the right to modify at any time, the amount an employee is eligible to receive
under this paragraph, if required by IRS Cafeteria Plan regulations or other legislation or agency
guidance.
4.2.2 Retiree’s Health Insurance
Employees represented by the Association who retire from the Marin County Retirement
System, subject to Marin County Employee Retirement Association procedures and regulations
and applicable 1937 Act laws that govern such plans, are eligible to continue in the City’s retiree
group health insurance program offered through PEMHCA. The City’s contribution towards
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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 be the difference between the premium cost of
coverage minus the PEMHCA minimum contribution. The City’s total payment shall not
exceed $557 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.
B. 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 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.
4.2.3 Contributions into a Retiree Health Savings Account (RHS)
For employees hired into City employment after January 1, 2010, the City shall contribute 2% of
top step Firefighter-Paramedic base salary into a Retiree Health Savings (RHS) Account and
the employee shall also contribute 2% of top step Firefighter-Paramedic base salary into the
same account. In the event an employee’s salary is not sufficient to contribute the 2%, no City
or employee contribution will be made until such time as the salary is sufficient to make the
contribution.
This contribution will occur each pay period beginning the month after the employee has been
hired.
Employees hired into City employment on or before January 1, 2010, will contribute 100 hours
to an RHS account each July 31st in the form of a sick leave conversion of hours.
4.2.4 Deferred Compensation Plan
Over the course of this Agreement, the City will provide up to two deferred compensation plan
providers, as allowed under the Internal Revenue Code Section 457. Participation in a plan is
voluntary and the administrative fees to participate in the plan are the responsibility of
employees.
The City will make a monthly contribution of 0.83% of base salary to a deferred compensation
plan.
In addition, the City will provide at least one Roth 457 plan option to members by October 1,
2021. The Roth 457 will be funded by employee contributions only.
4.2.5 Flexible Spending Account for Health and Dependent Care Reimbursement (125)
The City will continue to offer a Section 125 Plan pursuant to the IRS Code.
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City shall establish annual enrollment period for the Section 125 Plan and each employee must
re-enroll if they wish to participate in the Section 125 Plan for the following calendar year. 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 but agrees to
coordinate all changes through the Employee Benefits Committee.
4.3 LIFE INSURANCE
The City will pay the full premium cost for enrollment in the group term insurance plans for
employees represented by this bargaining unit. The basic plan provides $150,000 of group term
life insurance and $150,000 of AD&D benefit.
4.4 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 through the City’s CIGNA coverage.
Members of the Chief Officer’s Association may choose to subscribe to a long-term disability
(LTD) plan other than that offered by the City as long as there is no cost to the City.
4.5 DENTAL PLAN
A. The City will provide a dental insurance program providing 100% coverage for
diagnostic and preventative care; $25.00 deductible on corrective care (80/20 cost
sharing after deductible) per calendar year per person, with a $75 deductible limit per
family; and orthodontic care (50/50 cost sharing).
B. The dental plan shall provide for an 80/20 cost sharing for basic services such as
casts, crowns and restorations. Major services such as bridgework and dentures are
covered using a 50/50 cost sharing formula.
C. The City will pay the entire premium cost for such a dental plan and shall pay the
entire cost for any premium rate increases occurring during the term of this
agreement. The City will add the full cost of the dental premium as a paid benefit by
the City to the Full Flex Cafeteria Plan enrollment form.
D. The calendar year benefit for each eligible, enrolled member is $1,500 per calendar
year. Orthodontic benefits remain unchanged and are limited to those dependents up
to the age of 19 and subject to a $1,000 per person, per lifetime benefit.
4.6 RETIREMENT
4.6.1 City Paid Employee Retirement
Bargaining unit members shall pay the full share of the employee's contribution to the Marin
County Retirement System.
Employees represented by this bargaining group who retire from the City of San Rafael within
120 days of leaving City employment (excludes deferred retirements), shall receive employment
service credit for retirement purposes only, for all hours of accrued, unused sick leave
(exclusive of any sick leave hours they are eligible to receive and they elect to receive in
compensation for at the time of retirement, pursuant to Section 5.1.5. of this M.O.U.).
4.6.2 Retirement Plans
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The City shall provide the Marin County Employee Retirement Association 3% at 55 retirement
program to all 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 is based on an employees’ single
highest year of compensation with a 3% COLA.
Safety members 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 consecutive three years of
compensation, with a 2% COLA benefit cap.
Safety employees hired on or after January 1, 2013 who are defined as “new members” of
MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013 shall
be enrolled in the MCERA 2.7%@57 plan for Safety members. The employee is responsible for
paying the employee contribution of half of the total normal cost of the plan, as defined by
MCERA, through a payroll deduction. Final compensation will be based upon the highest
annual average compensation earnable during the thirty-six (36) consecutive months of
employment immediately preceding the effective date of their retirement or some other period
designated by the retiring employee.
4.6.3 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. Safety member contribution rates include both
the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act).
4.6.4 Additional Pension Funding
Effective the pay period including September 1, 2013, each member shall pay an additional
1.0% of pensionable compensation to the Marin County Employee Retirement Association
through a payroll deduction to help fund pension. This deduction shall be made on a pre-tax
basis to the extent allowed by law.
5 LEAVES
5.1 SICK LEAVE
5.1.1 Policy Statement
Each employee represented by this Association shall be eligible to accrue sick leave benefits.
Employees may use accrued sick leave, if necessary, during their probationary period. Sick
leave shall not be considered as a privilege, which an employee may use at their discretion but
shall be allowed only in case of necessity and actual sickness or disability.
5.1.2 Administration of Sick Leave
An employee eligible for sick leave with pay will be granted such leave with the approval of the
Fire Chief for the following purposes: Personal illness or illness within the immediate family
(immediate family is defined based on California Paid Sick Leave law as employee’s spouse,
registered domestic partner, children and/or employee’s parents, in-laws, siblings, grandchild
and grandparents) or physical incapacity resulting from causes beyond the employee’s control;
or Enforced quarantine of the employee in accordance with community health regulations.
Except that an employee may not use sick leave for a work-related injury and/or illness once
said employee has been determined permanent and stationary.
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The employee is required to notify the Fire Chief according to department rules and regulations
at the beginning of their workday if said employee will be absent under the provisions of sick
leave. Every employee who is absent from their duties for two (2) consecutive days, under the
provisions of sick leave, shall file with the Human Resources Director, if so requested, a
verification in the form of 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, up to and including dismissal.
In recognition of exempt status from FLSA, time off for Sick leave purposes shall not be
deducted from employee’s accrual unless the employee is absent for the full workday.
5.1.3 Sick Leave Accrual
Represented employees working a 56-hour work week shall earn sick leave credits at the rate of
twelve (12) hours per month. Represented employees working a 37.5-hour work week shall
earn sick leave credits at the rate of 7.5 hours per month.
Accrual of sick leave for usage purposes is unlimited. The maximum accrual limits for sick leave
payoff purposes are 1,200 hours for employees working a 37.5-hour work week and 1,680
hours for employees working a 56-hour work week.
5.1.4 Sick Leave Service Credit Option
Employees who are eligible to accrue sick leave and who retire from the City of San Rafael on
or after February 1, 2007 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
5.1.5 – Sick Leave Payoff).
Employees hired on or after July 1, 2024, are not eligible to receive employment service credit
of all accrued, unused sick leave for retirement purposes.
5.1.5 Sick Leave Payoff
Employees who leave City service in good standing shall receive compensation (cash in) of all
accumulated, 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. Sick leave payoff
would be subject to a maximum of 600 hours for 37.5 hour per week employees and 840 hours
for 56-hour per week employees, subject to the 3% per year formula noted above. The sick
leave payoff maximum is subject to any previously authorized 401(a) contribution. Any
remaining eligible sick leave payout will be deposited into the employee’s Retiree Health
Savings Account.
In the event of the death of an employee, payment for unused sick leave based upon the
previously stated formula shall be paid to the employee's designated beneficiary.
5.2 VACATION LEAVE
5.2.1 Policy Statement
Each employee represented by this Association shall be eligible to accrue vacation leave
benefits. Employees shall be eligible to use accrued vacation leave subject to the approval of
the Fire Chief.
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5.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full-time employee
(part time regular are prorated) shall accrue vacation at the following rate for continuous service:
For 37.5 hour per week employees
YEARS OF SERVICE ACCRUAL PER YEAR ACCRUAL PER PAY
PERIOD
1 – 5 Years 15 days or 112.5 hours 4.69 hours
6 Years 16 days or 120 hours 5.00 hours
7 Years 17 days or 127.5 hours 5.31 hours
8 Years 18 days or 135 hours 5.63 hours
9 Years 19 days or 142.5 hours 5.94 hours
10 Years 20 days or 150 hours 6.25 hours
11 Years 21 days or 157.5 hours 6.56 hours
12 Years 22 days or 165 hours 6.88 hours
13 Years 23 days or 172.5 hours 7.19 hours
14 Years 24 days or 180 hours 7.5 hours
15+ Years 25 days or 187.5 hours 7.81 hours
For 56-hour per week employees
YEARS OF SERVICE ACCRUAL PER YEAR ACCRUAL PER PAY
PERIOD
1 – 5 Years 7.5 shifts or 180 hours 7.5 hours
6 Years 8 shifts or 192 hours 8 hours
7 Years 8.5 shifts or 204 hours 8.5 hours
8 Years 9 shifts or 216 hours 9 hours
9 Years 9.5 shifts or 228 hours 9.5 hours
10 Years 10.0 shifts or 240 hours 10 hours
11 Years 10.5 shifts or 252 hours 10.5 hours
12 Years 11shifts or 264 hours 11 hours
13 Years 11.5 shifts or 276 hours 11.5 hours
14 Years 12 shifts or 288 hours 12 hours
15+ Years 12.5 shifts or 300 hours 12.5 hours
5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Fire Chief, may advance vacation credits to
any eligible employee, except that if the employee leaves City employment before accruing the
used vacation leave said employee will reimburse the City for the advanced vacation leave.
In recognition of exempt status from FLSA, time off for vacation leave purposes shall not be
deducted from the employee’s accrual unless the employee is absent for the full work day.
The time at which an employee may use their accrued vacation leave and the amount to be
taken at any one time, shall be determined by the Fire Chief with particular regard for the needs
of the City, but also, insofar as possible, considering the wishes of the employee.
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In the event that one or more City holidays falls within an annual vacation leave, such holidays
shall not be charged as vacation leave, unless the employee is on a schedule to be paid for
designated holidays in lieu of days off.
5.2.4 Vacation Accrual Cap
At any time during each calendar year employees will be limited (capped) in the number of
vacation hours they can accrue.
No employee may accrue more than 265 hours for 37.5 hour per week employees and 396
hours for 56-hour per week employees. 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 Fire 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 and be
consistent with the provisions of the MOU. This additional vacation accrual could not exceed
one-half of the employee’s regular annual vacation accrual. In no case would the addition of
vacation accrual over the cap be extended beyond one additional year.
If an employee exceeds the accrued vacation balance (cap) as a result of being on extended
leave pursuant to Labor Code Section 4850, those accrued hours would be carried forward and
the employee would be allowed to use the additional accrued hours without penalty. In no event
will an employee have their vacation hours reduced as a result of exceeding the cap due to
having been off on Labor Code 4850 time as a result of an industrial injury, if the time off due to
an industrial injury prevented them from taking scheduled vacation.
5.2.5 Vacation Payoff
Upon termination of employment by resignation, retirement, or death, employees who leave the
municipal service in good standing shall receive compensation of all accrued unused vacation
leave earned prior to the effective date of leaving their City position. In the event of the death of
an employee, payment for unused vacation leave shall be paid to the employee's designated
beneficiary.
5.3 HOLIDAYS
5.3.1 Days Observed
Employees covered under this Memorandum of Understanding shall be entitled to the following
holidays:
New Year’s Day Independence Day
Martin Luther King Day Labor Day
Washington’s Birthday* Veteran’s Day
Lincoln’s Birthday* Thanksgiving Day
Cesar Chavez Day Day after Thanksgiving
Memorial Day Christmas
Juneteenth
Notes:
*For employees working a 37.5-hour work week, Washington’s and Lincoln’s birthdays are
combined as President’s Day; with that said, employees shall receive one floating holiday.
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7.5 hours for these floating holidays are automatically added to an employee’s Floating Holiday
accrual on a semi-annual basis.
5.3.2 Holiday Pay
All 56 hour a week shift employees represented by this Association are entitled to additional
straight time compensation for every holiday given above. Said compensation shall be paid
twice each year on the first pay period of December and the first pay period of June. Holiday
pay formula will be based on a 56-hour work week (2,912 hours per year for calculating the
hourly rate for a twelve-hour day).
5.4 OTHER LEAVE
5.4.1 Administrative Leave
Represented employees working a 37.5-hour work week shall receive ten (10) Administrative
Leave days (75 hours) each calendar year (56-hour work week represented employees shall
receive 5.0 shifts [120 hours]) subject to the approval of the department head. 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 accrual, unless the employee is absent for the full workday.
5.4.2 Bereavement Leave
In the event of the death of an employee’s spouse, registered domestic partner, child, parent,
sibling, parent in-law(s), grandparent, grandchild sibling in-laws (s) 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 paid and two days
unpaid for 37.5 hour per week represented employees (2 shifts for 56 hour per week
employees) of bereavement leave within the state and up to five (5) days for 37.5 hour per week
represented employees (2 shifts for 56 hour per week employees) of out of state bereavement
leave may be granted to attend the funeral. For any unpaid bereavement days, the employee
may elect to use other accrued leaves. All bereavement leave must be exhausted within 3
months of the date of the death of the family member.
In those cases where the death involves an individual who had such a relationship with the
employees, as defined above, the employee shall sign a simple affidavit describing the
relationship and submit this to the Fire Chief as part of the request for bereavement leave.
The above bereavement clause shall also apply in the event of a reproductive loss for an
employee. The City agrees to maintain employee confidentiality related to the reproductive loss
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 duty until released by the court. The employee shall notify their employer in
advance when summoned for jury duty. If the employee is a shift employee and is selected to
serve on a jury, said employee shall not be required to perform duty during non-court hours until
released by the court.
5.4.4 Workers Compensation Leave
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Safety employees shall be governed by the provisions of Section 4850, et seq. of the Labor
Code. Non-safety employees shall be governed by applicable state law and City Rules and
Regulations. Refer to Section 5.1.2 for qualifications regarding use of accrued sick leave.
5.4.5 Military Leave
Military leave as defined in State law shall be granted to any regular employee.
All employees entitled to Military Leave shall give the Fire Chief a reasonable opportunity, within
the limits of military regulations, to determine when such leave shall be taken.
5.4.6 Leave of Absences Without Pay
Leave of absences without pay (for non-medical reasons which are covered by Section 5.4.7.)
may be granted in cases of emergency or where such absence would not be contrary to the
best interest of the City. Such leave so granted is not a right but an authorized privilege.
Employees on authorized leave of absence without pay may not extend such leave without the
expressed approval of the Appointing Authority. All other applicable leaves must be exhausted
and no vacation, sick leave, or any other paid benefit shall be accrued or used during such
leave. The Fire Chief, as Appointing Authority, may grant up to 30 days of leave without pay
depending upon the merit of the case. Any leave without pay in excess of 30 days may only be
granted upon the recommendation of the Fire Chief and approval of the City Manager and may
not exceed a total of six months.
5.4.7 Family Medical Leave
Such leave shall be in accordance with applicable State and Federal law.
5.4.8 Catastrophic Leave
Association members shall abide by City Policy.
5.4.9 Absence Without Authorized Leave
An unauthorized absence of an employee for three consecutive work days may result in an
investigation as to the circumstances of the situation and disciplinary action up to and including
termination, if warranted.
5.4.10 Traumatic Incident Leave
At the discretion of the Fire Chief, an employee who has experienced a traumatic incident while
on duty may be granted up to the remainder of their regular assigned set (up to forty-eight
hours), or the remainder of their overtime shift (up to twenty-four hours) to address the mental
and/or physical impacts of the incident. Traumatic incident leave granted to an employee under
this provision shall not exceed forty-eight (48) hours.
5.4.11 Paid Parental Leave
Eligibility:
Effective July 1, 2024, any full-time, regular, or probationary employee who has been
continuously employed by the City for at least 12 months prior to the start of the leave shall be
eligible for Paid Parental Leave (PPL) to use within 12 months of the following eligible events:
1. Birth of a child of the employee, the employee’s spouse, or the employee’s domestic
partner.
2. Placement of a child with the employee for adoption.
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For the purposes of PPL, the definition of “parent” and “child” are as defined by the California
Family Rights Act.
The City Manager may authorize, upon the recommendation of the Fire Chief, an exception to
the eligibility provisions, when it is, in their opinion, necessary in order to hire or retain qualified
personnel. In these circumstances, the benefit will be prorated based on the number of months
employed.
Benefit and Use:
1. Eligible employees shall be granted 13 shifts of PPL leave for members on a 56-hour
work week and 300 hours for members on a 40-hour work week to use within 12 months
of the qualifying event for the purposes of disability due to pregnancy and/or baby/child
bonding. Regular part-time employees shall be eligible for a prorated number of PPL
hours, based on scheduled and budgeted FTE.
2. PPL is based on a 12-month rolling calendar. No more than 13 shifts for a member on a
56-hour work week, or 300 hours for members on a 40-hour work week may be used in
any 12- month period. PPL may not be used or extended beyond the 12-month time
frame and any accrued and unused PPL will be forfeited at the end of the 12-month
period for the qualifying event.
3. Upon termination of the employee’s employment at the City, they will not be paid for any
accrued and unused PPL for which they were eligible.
4. PPL is based on the employee’s regularly scheduled hourly base wage. It is considered
“paid status” for the purpose of merit, seniority, benefit premium contributions, retirement
service credit, vacation and sick leave accrual, and City benefit eligibility and
contributions.
5. PPL shall run concurrently with FMLA/CFRA and with PDL as set forth in paragraph 7,
below. Eligible employees will be reinstated to the same or equivalent position in
accordance with FMLA/CFRA protections. This may include altered assignments to
accommodate the department’s operational needs when the employee is fewer hours
than their regularly scheduled work hours.
6. Pregnancy Disability Leave (PDL): An eligible employee on PDL must reduce their sick
leave balance to 40 hours or less (for a 40-hour work week employee), or 48 hours or
less (for a 56-hour work week employee) to use PPL concurrently with PDL. An eligible
employee is not required to further reduce their balance once they have reached the
initial threshold of 40 or 48 hours (dependent upon work schedule) or less.
7. Use of this leave constitutes a “compelling personal situation during which time the
employee was unable to work” under Article 6.6.5 of this MOU and the probationary
period for any probationary employee who uses this leave shall be extended for the
length of time the employee was off work using this leave.
Coordination of Benefits & Leaves:
• PPL taken under this provision will run concurrently with leave under the FMLA, CFRA,
and PDL once the eligible employee’s sick leave balance is reduced to 40 hours or less
for members on a 40-hour work week, and 48-hours or less for members on a 56-hour
work week.
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• PPL will be fully integrated with any short-term disability or California Paid Family Leave
program but shall not exceed one hundred percent (100%) of the employee’s normal
gross salary rate.
• The use of Short-Term Disability (STD) and Paid Family Leave (PFL) will not reduce
available hours under the PPL leave entitlement.
• For time covered by FMLA/CFRA job protected leave for baby/child bonding purposes,
PPL must be used prior to other accrued leave or unpaid leave except as discussed in
number 7 above.
• If an employee has exhausted FMLA/CFRA entitlements for reasons other than baby
bonding, PPL must be used prior to other accrued leaves or Leave Without Pay for
arranged leaves for the purpose of baby bonding. Scheduling of non-FMLA/CFRA
protected PPL is subject to Fire Chief approval.
• An employee who is eligible for PPL but is on leave for other reasons cannot use PPL
except as described in paragraph 7 above.
Additional Restrictions
Notwithstanding the requirements of other state and federal protected leave (such as FMLA,
PDL, CFRA, School leave, etc.), where this leave is not coordinated with another protected
leave status, the following rules shall apply:
• Due to the scheduling complexities in a 24/7 facility, an employee must use these leaves
in increments of a full shift.
• Unless there is specific approval by the Fire Chief, as applicable, these leaves must be
used consecutively and not intermittently by eligible employees.
• Unless there is an emergency need to use one of these leaves, these leaves may not be
used to disrupt the shift bid for major holidays including Thanksgiving and Christmas and
the week surrounding those holidays, when vacation requests are high. For example, if
an employee is not successfully able to bid the week between Christmas and New Years
through the shift bidding procedure, the employee will not be able to take PPL for that
holiday week and bump someone who successfully bid for the week.
• If the department is operating below daily minimum staffing and/or the department is
experiencing a high vacancy rate, the Chief may temporarily suspend these benefits until
staffing returns to normal.
• An Eligible Employee who desires exceptions to any of the parameters listed above may
submit their requests to the Fire Chief for consideration.
5.4.12 End of Life Care Leave
Eligibility:
Effective July 1, 2024 any full time, regular or probationary employee who has been
continuously employed by the City for at least 12 months prior to the start of the leave shall be
eligible for End of Life Care leave to provide end of life care for an immediate family member,
which shall include an employee’s spouse, registered domestic partner, child, parent, sibling,
siblings-in law, parent, parent in-law(s), grandparent, or grandchild.
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End of Life care may be used to provide support, assistance and care to an immediate family
member, as defined above, who is receiving end of life services through hospice or a medical
facility.
re to an immediate family member, as defined above, who is receiving end of life services
through hospice or a medical facility.
Benefit and Use:
1. Eligible employees shall receive 4 shifts of End of Life Care leave for members on a 56-
hour work week, and 80 hours for members on a 40-hour work week to be used during
their employment with the City for use to support an immediate family member near the
end of life, as described above.
2. Upon termination of the employee’s employment at the City, they will not be paid for any
accrued and unused End of Life Care leave for which they were eligible. Further, if an
employee leaves City employment and returns to City service later in their career, the
employee shall receive any unused hours from their previous employment with the City
but shall not be granted any additional hours of for End of Life Care Leave.
3. End of Life Care leave is based on the employee’s regularly scheduled hourly base
wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium
contributions, retirement service credit, vacation and sick leave accrual, and City benefit
eligibility and contributions.
4. , retirement service credit, vacation and sick leave accrual, and City benefit eligibility and
contributions.
5. End of Life Care leave shall be used in a block of continuous time or on an intermittent
or reduced schedule. Intermittent leaves or reduced schedules must be arranged and
approved by the employee’s supervisor in advance.
6. End of Life Care shall run concurrently with FMLA/CFRA. Eligible employees will be
reinstated to the same or equivalent position in accordance with FMLA/CFRA
protections. This may include altered assignments to accommodate the department’s
operational needs when the employee is working a reduced work schedule.
7. reduced work schedule.
8. An employee who is eligible for End of Life Care Leave but is on leave for other reasons
cannot use End of Life Care Leave except as described in paragraph 5 above.
Use of this leave constitutes a “compelling personal situation during which time the
employee was unable to work” under Article 6.7.4 of this MOU and the probationary period
for any probationary employee who uses this leave shall be extended for the length of time
the employee was off work using this leave.
5.5 ACCRUAL BALANCE ADJUSTMENT
When a member moves from a 56-hour work week assignment to a 37.5-hour work week
assignment, accrued vacation, sick, and administrative leave hour balances will be multiplied by
.67 to determine new leave balances.
When a member moves from a 37.5-hour work week assignment to a 56-hour work week
assignment, accrued vacation, sick, and administrative leave hours will be multiplied by 1.49 to
determine new leave balances.
This does not apply to temporary reassignments.
6 TERMS & CONDITIONS OF EMPLOYMENT
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6.1 WORK WEEK
The established work week for suppression employees covered by this Memorandum of
Understanding shall consist of a fifty-six (56) hour workweek with a three (3) platoon system. A
work shift shall be defined as twenty-four (24) consecutive hours, commencing at 0800 and
continuing through 0800 the following day. A set shall be defined as two twenty-four hour shifts
worked consecutively.
Suppression employees work a fifty-six (56) hour work week in twenty-four (24) hour shifts
within a twenty-four (24) day cycle as listed below (commonly referred to as the “2 X 4”
schedule):
X = 24 hour on-duty period
0 = 24 hour off-duty period
Example: XXOOOO/XXOOOO/XXOOOO/XXOOOO
The 2 X 4 schedule shall not change the rules regarding use of sick leave. Employees should
notify the Fire Department administration that sick leave use is needed according to current
policy and before each 24-hour shift.
The established workweek for 37.5-hour employees shall be negotiable between the Employee
and the Fire Chief, with the final schedule determined by the Fire Chief’s approval.
6.2 HOURLY RATE
The hourly rate for personnel covered by this MOU shall be based on 1950 annual work hours
for represented job classes working a 37.5-hour work week and 2912 annual work hours for
represented job classes working a 56-hour work week.
6.3 OVERTIME
Employees in the FLSA exempt classifications of Administrative Chief/Fire Division Chief or
Battalion Chief will be paid overtime for additional days authorized and worked in excess of their
regular work week schedule provided that:
1. The employee is assigned to overtime relief duty as shift commander, Strike Team
Leader, or other authorized emergency overhead assignment; and
2. The Fire Chief has authorized the overtime work in writing and in advance of the
performance of the work. The overtime authorized in this section will be paid at time
and one half of the 56-hour rate, regardless of whether the employee normally works a
37.5 hour or 56-hour schedule.
6.4 CONTRACTUAL OVERTIME LEAVE
With the Fire Chief’s approval, contractual Overtime Leave, in lieu of overtime pay, may be
taken subject to the following rules:
6.4.1 Accrual Limit
Battalion Chiefs filling a Specialty Assignment on a 37.5-hour work week schedule, who work
overtime as specified in Section 6.3, may accrue up to 75 hours of Contractual Overtime Leave
after which said employee must accept overtime pay in lieu of accruing additional Contractual
Overtime Leave.
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6.4.2 Overtime Rate
Battalion Chiefs filling a Specialty Assignment on a 37.5-hour work week schedule, who work
overtime as specified in Section 6.3, may elect to accrue Contractual Overtime Leave on an
hour for hour basis subject to the limitations in Section 6.4.1. Employees who elect Contractual
Overtime Leave must take the time off and will be paid based on the 37.5-hour rate when the
Contractual Overtime Leave time is taken.
6.5 SPECIALTY ASSIGNMENT
If through mutual agreement with the Fire Chief operations personnel are assigned to the 37.5-
hour work schedule, as opposed to the 56-hour schedule, for assignments such as training, fire
prevention, or other administrative functions, such employee shall receive five percent (5%)
premium pay and shall also receive an additional incentive of five percent (5%) added to the
base salary. The length of the assignment shall be based on mutual agreement between the
employee and the Fire Chief. When an employee filling a specialty assignment works overtime
beyond the regularly scheduled work day as a shift commander, strike team leader or other
authorized emergency overhead assignment, the five percent (5%) specialty assignment
premium pay and five percent (5%) incentive pay will not will be paid on the overtime hours.
6.6 SELECTION
6.6.1 Selection Process
The City’s Human Resources Department shall be responsible for the administration of all
recruitments.
6.6.2 Referral Process
All qualified candidates, based upon competitive examination, shall be placed on the Eligibility
List for the appropriate job classification. The Fire Chief shall have the authority of “the Rule of
the List” and all candidates on a current Eligibility List shall be eligible for referral to the Fire
Chief for final selection.
6.6.3 Battalion Chief Qualifications
In addition to other qualifications described in the Fire Department’s Career Development
Guide, qualifications for candidates for Chief Officer positions represented by this Association in
the Fire Department will include three (3) years of line captain experience or two (2) years of
line captain experience if appointed to an acting assignment.
6.7 PROBATIONARY PERIOD
6.7.1 Purpose of Probation
Each employee shall serve a period of probation beginning on the date of initial appointment to
their position. The purpose of probation shall be to determine the employee’s ability to perform
satisfactorily the duties prescribed for the position, prior to the employee entering regular status.
6.7.2 Length of Probationary Period
The probationary period on original and promotional appointments shall be for twelve (12)
months.
6.7.3 Rejection During Probation
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During the probationary period an employee may be rejected at any time by the Fire Chief
without the right of appeal.
6.7.4 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.
6.7.5 Notification of Extension or Rejection
On determining that a probationary employee’s work is not satisfactory, the Fire Chief shall
notify the Human Resources Director in writing of their intention to extend the employee’s
probationary period or reject the employee. After discussion with the Human Resources
Director, the Fire Chief shall notify the employee in writing of their extension or rejection.
6.7.6 Regular Status
For the purpose of this agreement, regular status shall mean; full time, non-probationary status.
Regular status shall commence with the day following the expiration date of a probationary
period.
6.7.7 Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a higher position
classification provided they is certified from the appropriate Eligible List. The employee
promoted in this manner shall serve a new probationary period for the position to which the
employee is promoted and the new probationary period and promotional appointment shall be
effective the same date.
6.7.8 Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass their promotional probationary period shall be
reinstated to the position in which the employee held regular status prior to their promotion and
all previous rights and privileges restored. Provided, however, that if the cause for not passing
the promotional probationary period is sufficient grounds for dismissal, the employee shall be
subject to dismissal without reinstated to the lower position. If the employee has completed the
probationary period in the prior classification and the employee is subject to dismissal without
reinstatement, the employee has the opportunity to appeal pursuant to the provisions of the
Firefighters Procedural Bill of Rights Act and this Memorandum of Understanding.
6.8 PERSONNEL RULES & REGULATIONS
6.8.1 Drug & Alcohol Policy
SRFCOA agree to adhere to the Drug and Alcohol Policy as outlined in the San Rafael
Firefighters’ Association contract.
6.8.2 Outside Employment Policy
Association members shall abide by City’s policy dated June 27, 2007.
6.8.3 Temporary Light (Modified) Duty Policy Statement
SRFCOA agrees to follow the City of San Rafael’s Modified Light Duty Work Policy dated June
6, 2008.
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6.8.4 No Smoking/Tobacco Use Policy
Employees hired by the City of San Rafael after 7/1/08 are required to sign a condition of
employment statement that they agree not to smoke or use tobacco products of any kind while
employed by the City of San Rafael. This signature must be obtained prior to the date of hire.
Employees hired before 7/1/08 will not be allowed to smoke or use tobacco products as follows:
1. While inside any City of San Rafael structure or space
2. While inside any City/Fire Department vehicle
3. While in public when on-duty or in uniform
4. In compliance with State and local ordinance
The City will provide tobacco cessation assistance to employees who desire to stop using
tobacco products. Employees will be referred to the City’s employee assistance program for
initial assistance and, if needed, will be eligible to receive up to $2500 in additional funds to
complete a certified tobacco cessation program. Written approval from the Fire Chief is
required for the additional funding.
6.8.5 Medical Standards
The City will establish pre-employment medical standards for all classifications represented by
the San Rafael Fire Chief Officers’ Association.
6.9 MISCELLANEOUS
6.9.1 Return of City Equipment
Upon termination of employment, all tools, equipment, and other city property assigned to any
employee shall be returned to the Fire Department.
6.9.2 Political Activity
The political activity of employees shall comply with pertinent provisions of State and Federal
law.
6.9.3 Staffing Levels
Any changes in the current staffing levels of positions represented by this Association will be
subject to meet and confer.
6.9.4 Career Development Program
The San Rafael Fire Chief Officers’ Association agrees to the Career Development Guidelines
as written.
6.9.5 Gym Reimbursement
Employees are eligible to receive up to $16.50 per month reimbursement for paid gym
memberships, workout classes or similar ongoing fitness activities. Such reimbursement shall
be reported as taxable income to the employee.
6.9.6 Acting Deputy Chief/Fire Chief Pay
The City may offer the role of Acting Deputy Chief or Acting Fire Chief to Chief Officers who
meet the eligibility requirements to fill this role as determined by both the Fire Chief and the City
Manager. A Chief Officer may be assigned to either role when either the Deputy Chief or Fire
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Chief is unavailable, or either position is vacant. In order to be eligible to receive acting pay their
assignment must be in the absence of a Fire Chief or Deputy Fire Chief for a minimum of one
(1) 37.5-hour workweek or more. When qualified employees are appointed to fill a vacancy to
work out of their normal classification for one (1) week or more, they will be paid at the same
step as their regular position (example: a Battalion Chief at Step C will be paid Step C Deputy
Chief wages).
7 PROCEDURES
7.1 DEMOTION & SUSPENSION
7.1.1 Demotion
The Fire Chief may demote an employee when the following occurs:
a. The employee fails to perform their required duties.
b. An employee requests such a demotion.
No employee shall be demoted to a classification for which they do not possess the minimum
qualifications.
When the action is initiated by the Fire Chief, written notice of demotion shall be provided to an
employee at least ten (10) calendar days before the effective date of the demotion, and a copy
filed with the Human Resources Department.
Demotion pursuant to Section 7.1.1 (a) shall be deemed disciplinary action and as such shall be
handled according to the provisions of the Section titled “Disciplinary Action” of this
Memorandum of Understanding.
7.1.2 Suspension
On the recommendation of the Fire Chief, 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 the
Section titled Disciplinary Action of this Memorandum of Understanding and provisions for
exempt status employees.
7.2 TERMINATION OF EMPLOYMENT
7.2.1 Resignation
An employee wishing to leave City service in good standing shall file with their immediate
supervisor, at least fourteen (14) calendar 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 Fire Chief and the Human Resources Department.
7.2.2 Termination/ Demotion - Lack of work or funds
The Fire Chief may terminate an employee because of reorganization, abolition of position, and
shortage of funds. Said termination shall be considered a Reduction In Force and shall be
processed in accordance with Article 7.6, Reduction in Force, of this Memorandum of
Understanding.
7.2.3 Termination - Disciplinary Reasons
An employee may be terminated for disciplinary reasons, as provided in Article 7.3, Disciplinary
Action, of this Memorandum of Understanding.
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7.2.4 Termination - Probation
The rejection of an employee during their initial probationary period is covered in Article 7.3,
Probationary Period, of this Memorandum of Understanding.
7.2.5 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.
7.3 DISCIPLINARY ACTION
7.3.1 Authority
The City shall have the right to discharge or discipline any employee for dishonesty,
insubordination, drunkenness, incompetence, negligence, failure to perform work as required 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.
7.3.2 Definition
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and/or
suspension resulting in loss of pay. Any disciplinary action taken shall be consistent with the
provisions of the Fair Labor Standards Act as it relates to exempt employees.
7.3.3 Causes for Disciplinary Action
The City may discipline or discharge an employee for the following:
a. Fraud in securing appointment.
b. Negligence of duty.
c. Violation of safety rules.
d. Unacceptable attendance record including tardiness, overstaying lunch or break periods.
e. Possession, distribution or under the influence of alcoholic beverages, non-prescription
or unauthorized narcotics or dangerous drugs during working hours.
f. Inability, unwillingness, refusal or failure to perform work as assigned, required or
directed.
g. Unauthorized soliciting on City property or time.
h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude.
i. Unacceptable behavior towards (mistreatment or discourteousness to) the general public
or fellow employees or officers of the City.
j. Falsifying employment application materials, time reports, records, or payroll documents
or other City records.
k. Disobedience to proper authority.
l. Misuse of City property.
m. Violation of any of the provisions of these working rules and regulations or departmental
rules and regulations.
n. Disorderly conduct, participation in fights, horseplay or brawls.
o. Dishonesty or theft.
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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.
t. Inability or refusal to provide medical statement on cause of illness or disability.
7.3.4 Appeals
Whenever punitive action is undertaken, the offending employee shall have the opportunity for
an administrative appeal which will be conducted in conformance with the Administrative
Procedures Act and this Memorandum of Understanding. If an employee feels they have been
unjustly disciplined/discharged, they shall have the right to appeal their case through the
appropriate procedure established in this Memorandum of Understanding. Such appeal must
be filed with the City Manager by the employee in writing within ten (10) working days from the
date of the discipline/discharge and unless so filed the right of appeal is lost.
7.3.5 Proceeding Heard by City Manager
The appellant may submit the appeal directly to the City Manager or may request arbitration. If
an employee elects to have an appeal heard by the City Manager, the employee must state in
writing that they waive their right to an appeal that conforms to the procedures of the
Administrative Procedure Act.
7.3.6 City Manager and Arbitration
If arbitration is requested, the arbitration will be held in conformance with the Administrative
Procedure Act, California Code of Regulations, and other applicable statutes. Representatives
of the City and the appellant shall meet within fourteen (14) calendar days to select a mutually
acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be
shared equally by the appellant and the City.
A hearing before the arbitrator shall be held within 60 calendar days of selection of the arbitrator
unless the mutually accepted Arbitrator’s schedule does not so permit, in which case the
hearing shall be held not more than 120 days after the selection of the arbitrator. In addition to
arbitrators proposed by the State Mediation and Conciliation Service, the parties shall be free to
select from a pool of arbitrators mutually agreed to by the City and the Association. 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.
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 (excluding Article 1.3 and Article 1.5 of this M.O.U.), or any
Fire Department policy specifically referenced herein, except issues concerning appeals of
punitive action, which is governed by Article 7.3. Policy 1-VI-3 is specifically incorporated by
reference. Proposals to add to or change this Memorandum of Understanding or written
agreement or addenda supplementary hereto shall not be grievable.
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SRFCO MOU 2024-2027
7.4.2 Initial Discussion
Any employee who believes that they have a grievance may discuss their complaint with the
Fire Chief. If the issue is not resolved within ten (10) working days, or if the employee elects to
submit their grievance directly to an official of the association, the procedures hereafter
specified shall be invoked.
7.4.3 Referral to City Manager
Any employee or any official of the Association may notify the City Manager and Fire Chief in
writing that a grievance exists, and in such notification state the particulars of the grievance,
and, if possible, what remedy or resolution is desired.
No grievance may be processed under Section 7.4.4 below which has not been first heard and
investigated in pursuance of Section 7.4.2. A grievance which remains unresolved ten (10)
working days after it has been submitted to the City Manager 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 Section 7.4.3 of this Memorandum of
Understanding, the grievant, the Association, or the City, after completion of the previous step in
the grievance procedure, may submit the grievance directly to the City Manager or may request
arbitration. If arbitration is requested, representatives of the City and the Grievant shall meet
within ten (10) working days to select a mutually acceptable arbitrator. The selection process
will include a review of the arbitrator’s availability for the hearing. The fees and expenses of the
arbitrator and of a court reporter shall be shared equally by the Grievant and the City. Each
party, however, shall bear the cost of its own presentations, including preparation and post
hearing briefs, if any. A hearing before the arbitrator shall be held within 60 calendar days of
selection of the arbitrator unless the mutually accepted 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. 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.
7.5 FURLOUGH PROGRAM
The employees of this Association endorse the Furlough Program described in Exhibit “B”
attached to this Memorandum of Understanding.
7.6 REDUCTION IN FORCE
7.6.1 Authority
The Fire Chief may lay off, without prejudice, any regular employee because of lack of work or
funds, or organizational alterations, or for reasons of economy or organizational efficiency.
7.6.2 Notice
Employees designated for layoff or demotion in lieu of lay off shall be notified in writing at least
thirty (30) calendar days prior to the anticipated date of lay off or demotion. The Association
shall also be so notified.
33
SRFCO MOU 2024-2027
7.6.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as
a position or number of positions having the same title, job description and salary. Extra-hire
employees shall be laid off before permanent employees in the affected classification. In
effecting the preceding order, a part-time permanent employee with more seniority can displace
a full-time permanent employee.
7.6.4 Seniority
If two or more employees within a classification have achieved permanent status, such
employees will be laid off or reduced on the following basis:
a. Seniority within the affected classifications will be determinative. Such seniority shall
include time served in higher classification(s). The computation of seniority for part-time
employees will be credited on a pro-rata basis to full-time service. Time spent on a City
Manager approved leave of absence without pay does not count toward seniority.
b. If the seniority of two or more employees in the affected classification or higher
classification(s) is equal, departmental seniority shall be determinative.
c. If all of the above factors are equal, the date of regular status in City service shall be
determinative.
d. If all of the above are equal, date of certification for appointment shall be determinative.
7.6.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level, or into
the next lower classification in which such employee has previously held regular status. An
employee who is bumped shall be laid off in the same manner as an employee whose position
is abolished.
7.6.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be
affected by a reduction in force to another vacant position for which such employee may qualify.
The length of eligibility for such transfer will be the period of notification as provided in Section
7.6.2, but no longer than the effective date of such layoff or reduction.
7.7 RE-EMPLOYMENT
7.7.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re-appointment to the same
classification in which they held status in the order of seniority in the classification. Individuals
demoted in lieu of reduction in force shall be offered restoration to the highest class in which
they held status and in which there is a vacancy prior to the appointment of individuals who
have been laid off.
7.7.2 Right to Re-Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held,
shall, in writing, be offered re-appointment in the same classification should a vacancy occur in
the classification within two years after the layoff or demotion. Prior to being re-employed, the
employee must pass a physical exam administered by a City appointed physician and must
pass the background check administered by the City.
34
SRFCO MOU 2024-2027
7.7.3 Time Limits
Should the person not accept the re-appointment within seven (7) calendar days after the date
of the offer, or should the person decline or be unable to begin work within two weeks after the
date of acceptance of the offer, the person shall be considered unavailable for employment,
shall forfeit the right to re-employment and shall be removed from the re-employment list.
7.7.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on
the re-employment list shall be offered re-employment.
7.7.5 Probationary Status
Employees re-appointed under the provisions above will not be required to complete a new
probationary period if they had previously held permanent status in the classification.
Employees who have not completed their probationary period shall serve the remainder of the
probationary period upon re-appointment.
7.7.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave
of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll
will not count as time worked for the purposes of seniority accrual.
35
SRFCO MOU 2024-2027
SAN RAFAEL FIRE CHIEF OFFICERS’
ASSOCIATION:
CITY OF SAN RAFAEL:
Jason Hatfield, Battalion Chief Angela Robinson Piñon, Assistant City
Manager
Kyle Hamilton, Battalion Chief Marissa Sanchez, Director, Human
Resources
Date Date
Exhibit A
Wage Classes Title A B C D
7112 Battalion Chief 15,136$ 15,893$ 16,688$ $17,522
SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION
SALARY SCHEDULE
Effective July 1, 2024
https://cityofsanrafael.sharepoint.com/sites/Bargaining/Shared Documents/BARGAINING_2024/Staff Reports/Archive/HR-SRFCOA MOU/SRFCOA 24-27 salary schedule 5/29/2024_3:22 PM
Exhibit A
Wage Classes Title A B C D
7112 Battalion Chief 16,044$ 16,846$ 17,689$ $18,573
SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION
SALARY SCHEDULE
Effective July 1, 2025
https://cityofsanrafael.sharepoint.com/sites/Bargaining/Shared Documents/BARGAINING_2024/Staff Reports/Archive/HR-SRFCOA MOU/SRFCOA 24-27 salary schedule 5/29/2024_3:22 PM
Exhibit A
Wage Classes Title A B C D
7112 Battalion Chief 16,927$ 17,773$ 18,662$ $19,595
SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION
SALARY SCHEDULE
Effective July 1, 2026
https://cityofsanrafael.sharepoint.com/sites/Bargaining/Shared Documents/BARGAINING_2024/Staff Reports/Archive/HR-SRFCOA MOU/SRFCOA 24-27 salary schedule 5/29/2024_3:22 PM
Exhibit A
Wage Classes Title A B C D
7112 Battalion Chief 17,096$ 17,951$ 18,848$ $19,791
SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION
SALARY SCHEDULE
Effective January 1, 2027
https://cityofsanrafael.sharepoint.com/sites/Bargaining/Shared Documents/BARGAINING_2024/Staff Reports/Archive/HR-SRFCOA MOU/SRFCOA 24-27 salary schedule 5/29/2024_3:22 PM
San Rafael Fire Chief Officers Association
Exhibit B
Page 1 of 2
FURLOUGH PROGRAM
Both the City of San Rafael and the Fire Chief Officer’s Association employees recognize the current
economic condition of the State of California and the City of San Rafael. Through this recognition and
in a cooperative spirit, the City of San Rafael and the Fire Chief Officer’s Association have worked
expeditiously on the development of a Furlough Program. This Agreement does not mean the City will
necessarily implement furloughs; but in the event it is necessary to implement due to continued
economic problems in the City of San Rafael, the procedures for this Furlough Program shall provide for
both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as
MTO).
Voluntary Time Off (VTO).
The City will develop and distribute to all employees a survey to determine who might be interested in
VTO and the extent to which that interest translates into hours (cost savings) during the coming fiscal
year. The needs of the City and the respective departments (as determined by the Department Head
and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and
the resulting savings will have a corresponding impact on the time needed through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an employee
needed to take during the fiscal year.
2. An employee selecting VTO would receive one half hour of furlough induced Personal Leave
time off for every hour of VTO taken not to exceed the number of furlough induced Personal
Leave time off an employee scheduled for MTO would receive (establishes a maximum cap of
5%). This furlough induced Personal Leave time is to be taken as described in 4.b.
3. Employees who take VTO at a time other than when MTO is taken by other employees will
have to take vacation leave, compensatory time off or leave without pay if the MTO results in
the closure of the department.
Mandatory Time Off (MTO).
MTO will be taken by the employee during the MTO period when feasible in their respective department
(as determined by the Department Head and City Manager). The City will attempt to schedule MTO
time in blocks of days (between Christmas and New Years) or individual days next to scheduled
holidays and/or weekends.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for
holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO
time will impact Marin County retirement contributions; but if the Marin County Retirement
System changes it policy on this the City will, effective the first of the month following notice
from the Marin County Retirement System, make the necessary change in the program's
administration to correspond with the change in the policy. Any employee who notifies the City
no later than the first day of the fiscal year of the contract term of their retirement date and
retires from the Marin County Retirement System during the term of this contract shall be
San Rafael Fire Chief Officers Association
Exhibit B
Page 2 of 2
exempted from the MTO requirements. If said employee did not retire during the fiscal year as
stated, said employee would be docked in pay an amount equivalent to the number of MTO
hours taken by other represented employees.
3. MTO time shall apply toward time in service for step increases, completion of probation, and
related service credit.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%) reduction in work
hours/pay for the fiscal year. For each MTO hour deducted the involved employee shall
be credited with an one half hour added to a furlough induced Personal Leave balance.
b. Personal Leave accrued through the MTO Program may be taken beginning the first day
of the following fiscal year with supervisory approval. Furlough induced Personal Leave
has no cash value upon termination of employment. If an employee is laid off before
having the opportunity to take unused furlough induced Personal Leave said employee
would be eligible to take the unused furlough induced Personal leave during the thirty
day layoff notice period.
c. The employees represented by this Association may elect to give up pay for holidays
worked in lieu of mandatory time off, as long as the dollar value of the holiday pay
equates to the dollar value of the designated mandatory time off.
d. Should the City of San Rafael experience a financial windfall during the fiscal year that
furloughs are implemented, the City agrees to re-open discussions on this Furlough
Program.
e. The City agrees that it will attempt to distribute the dollar value of any MTO time
implemented equally over the remaining number of pay periods in the fiscal year.
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL POLICE MID-MANAGEMENT ASSOCIATION
JUNE 1, 2024 - JUNE 30, 2027
i
TABLE OF CONTENTS
1 GENERAL PROVISIONS ...................................................................................................................... 1
1.1. INTRODUCTION ........................................................................................................................................... 1
1.1.1. Scope of Agreement ........................................................................................................................... 1
1.1.2. Term of MOU ....................................................................................................................................... 1
1.2. RECOGNITION ............................................................................................................................................. 1
1.2.1. Bargaining Unit .................................................................................................................................... 1
1.3. 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
2.2.3. Indemnification .................................................................................................................................... 3
2.3. MANAGEMENT RIGHTS ............................................................................................................................... 4
2.4. COMMENCEMENT OF NEGOTIATIONS ......................................................................................................... 5
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............................................................................................................................. 6
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 ......................................................................................................................... 7
3.3.3. Educational Expense Reimbursement ............................................................................................. 7
3.3.4. Bilingual Pay ........................................................................................................................................ 7
3.3.5. Uniform Allowance .............................................................................................................................. 8
3.3.6. Longevity .............................................................................................................................................. 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 ............................................................................. 10
4.3 DENTAL PLAN .......................................................................................................................................... 10
4.4 VISION PLAN ............................................................................................................................................. 10
ii
4.5 LIFE INSURANCE ....................................................................................................................................... 10
4.6 LONG TERM DISABILITY POLICY.............................................................................................................. 10
4.7 RETIREMENT CONTRIBUTION ................................................................................................................... 11
4.7.1 City Paid Employee Retirement (City Paid Member Contribution) ................................................. 11
4.7.2 Retirement Plans ................................................................................................................................... 11
4.7.3 Member Cost of Living Rates ............................................................................................................... 11
4.7.4 Pension Costs ........................................................................................................................................ 11
5 LEAVES ..................................................................................................................................................... 12
5.1 SICK LEAVE .............................................................................................................................................. 12
5.1.1 Eligibility .................................................................................................................................................. 12
5.1.2 Sick Leave Accrual ................................................................................................................................ 12
5.1.3 Use of Sick Leave .................................................................................................................................. 12
5.1.4 Advance of Sick Leave.......................................................................................................................... 12
5.1.5 Service Credit for Sick Leave ............................................................................................................... 12
5.1.6 Compensation for Unused Portion ...................................................................................................... 13
5.2 VACATION LEAVE ..................................................................................................................................... 13
5.2.1 Eligibility .................................................................................................................................................. 13
5.2.2 Rate of Accrual ....................................................................................................................................... 13
5.2.3 Administration of Vacation Leave ........................................................................................................ 13
5.2.4 Vacation Cap .......................................................................................................................................... 14
5.3 HOLIDAYS ................................................................................................................................................. 14
5.4 OTHER LEAVE .......................................................................................................................................... 14
5.4.1 Administrative Leave ............................................................................................................................. 14
5.4.2 Bereavement Leave .............................................................................................................................. 14
5.4.3 Jury Duty ................................................................................................................................................. 15
5.4.4 Military Leave ......................................................................................................................................... 15
5.4.5 Leave of Absence Without Pay ............................................................................................................ 15
5.4.6 Industrial Injury Leave ........................................................................................................................... 15
5.4.7 Medical Leave of Absence ................................................................................................................... 16
5.4.8 Absence without Authorized Leave ..................................................................................................... 16
5.4.9 Catastrophic Leave ................................................................................................................................ 16
5.4.10 Paid Parental Leave ......................................................................................................................... 16
5.4.11 End of Life Care Leave ..................................................................................................................... 18
6 TERMS & CONDITIONS OF EMPLOYMENT ............................................................................. 19
6.1 HOURS OF WORK ..................................................................................................................................... 19
6.1.1 Alternative Work Week.......................................................................................................................... 19
6.2 OVERTIME ................................................................................................................................................. 19
6.2.1 Special Events, Extra Duty Requests and Grant Operations .......................................................... 19
6.3 PROBATIONARY PERIOD .......................................................................................................................... 20
6.3.1 Purpose of Probation ............................................................................................................................. 20
6.3.2 Length of Probationary Period ............................................................................................................. 20
6.3.3 Rejection During Probation .................................................................................................................. 20
6.3.4 Notification of Rejection ........................................................................................................................ 20
6.3.5 Extension of Probationary Period ........................................................................................................ 20
6.3.6 Regular Status ........................................................................................................................................ 20
6.3.7 Promotion of Probationary Employee ................................................................................................. 20
6.3.8 Unsuccessful Passage of Promotional Probation ............................................................................. 20
6.4 PERSONNEL RULES & REGULATIONS ..................................................................................................... 20
6.4.1 Employer-Employee Resolution .......................................................................................................... 21
6.4.2 Drug and Alcohol Policy ........................................................................................................................ 21
6.4.3 Outside Employment Policy ................................................................................................................. 21
6.4.4 Harassment Policy ................................................................................................................................. 21
6.4.5 Wireless Communication Policy .......................................................................................................... 22
6.4.6 Use of City Vehicle ................................................................................................................................ 22
6.4.7 Temporary Modified Duty Policy .......................................................................................................... 22
iii
6.5 MISCELLANEOUS ...................................................................................................................................... 23
6.5.1 Gratuities / Solicitation of Contributions.............................................................................................. 23
6.5.2 Return of City Equipment ...................................................................................................................... 23
6.5.3 Political Activity ....................................................................................................................................... 23
6.5.4 Employment of Relatives ...................................................................................................................... 23
6.5.5 Gym Reimbursement ............................................................................................................................ 23
6.5.6 Public Safety Center Fitness Program................................................................................................ 24
7 PROCEDURES ........................................................................................................................................ 26
7.1 DEMOTION & SUSPENSION ...................................................................................................................... 26
7.1.1 Demotion ................................................................................................................................................. 27
7.1.2 Suspension ............................................................................................................................................. 27
7.2 TERMINATION OF EMPLOYMENT .............................................................................................................. 27
7.2.1 Resignation ............................................................................................................................................. 27
7.2.2 Termination - Layoff ............................................................................................................................... 27
7.2.3 Termination - Disciplinary Action ......................................................................................................... 27
7.2.4 Retirement .............................................................................................................................................. 27
7.2.5 Rejection During Probation .................................................................................................................. 27
7.3 DISCIPLINARY ACTION ............................................................................................................................. 27
7.3.1 Right to Discipline & Discharge ........................................................................................................... 27
7.3.2 Appeals .................................................................................................................................................... 28
7.3.3 City Manager and Arbitration ............................................................................................................... 28
7.4 GRIEVANCE PROCEDURE ......................................................................................................................... 29
7.4.1 Definition ................................................................................................................................................. 29
7.4.2 Initial Discussions .................................................................................................................................. 29
7.4.3 Referral to the City Manager ................................................................................................................ 29
7.4.4 City Manager and Arbitration ............................................................................................................... 29
7.5 REDUCTION IN FORCE .............................................................................................................................. 30
LIST OF EXHIBITS
Exhibit A Salary Schedule for June 1, 2024 – June 30, 2027
1
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 June 1, 2024 and ending June 30, 2027.
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 June 1, 2024 through June 30, 2027.
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
2
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
3
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, 2027.
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.
2.2.3. Indemnification
The Association will indemnify and hold City harmless against any cost or liability resulting from
any and all claims, demands, suits or any other action arising from the operation of any
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provision of this Article. The indemnification includes the cost of defending against any such
actions or claims, including claims based on the City’s reliance on the Association’s seeking
dues from employees who contest they are members of the Association.
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
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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, 2027,
regarding the terms and conditions applicable to an MOU effective July 1, 2027. 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 15th and the last working day of the month.
When a holiday falls on a pay day, the pay day will be transferred to the following day of regular
business unless the Finance Department is able to complete the payroll by the previous work
day. The method of the distributing payroll shall be established by the Finance Director.
3.1.2. General Wage Increase
In the Year 1, compensation increases will take effect the first full pay period including June 1,
2024. Additionally, the salary range for all classifications shall have an additional step added to
the top of the salary range (Step F) for each position, which is five percent (5%) above Step E.
All employees that have completed at least one year of service at Step E of their classification
shall advance to Step F in the first full pay period after Council approves the successor MOU.
In Year 1, the City will provide a 3.00% general salary increase plus a 4.00% equity
adjustment (7.00% total increase);
In Year 2, the City will provide a 3.00% general salary increase plus a 1.50% equity
adjustment (4.50% total increase); and,
In Year 3, the City will provide a 3.00% general salary increase plus a 1.50% equity
adjustment (4.50% total increase).
3.1.3. Definitions
Total Compensation shall be defined as: Top step salary, educational incentive pay,
maximum longevity pay available to employees with 12 or more years experience, holiday pay,
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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 their 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 their duties. Salary step
advancement shall be made only upon the recommendation of the Police Chief concerned, with
the approval of the City Manager or their 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
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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 City of San Rafael supports and encourages job-related professional development of its
employees. 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 Fluency Program
A two and one-half percent (2.5%) bilingual pay incentive shall be paid to designated employees
who speak Spanish at the conversational level.
Expert Fluency Program
A 10 percent (10%) bilingual pay incentive shall be paid to designated bilingual employees who
speak Spanish at the Expert Fluency level. An employee must have at least five (5) years with
the San Rafael Police Department before being eligible for expert fluency.
Employees who have not qualified for the Expert Fluency Program prior to June 1, 2024,
shall not be eligible for the Expert Fluency Program incentive.
Within the limits established in the first three paragraphs of this section, to qualify for the
Conversational, Full or Expert 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 fluency proficiency certification for employees hired by the City after July 1,
2021 will be obtained by passing a standardized certification issued by an agency approved by
the Human Resources Department.
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Fluency in more than one foreign language does not entitle an employee to more than one of
the bilingual pay categories. Both parties agree to re-certification of proficiency every three (3)
years at department’s expense and discretion to continue eligibility for the bilingual differential.
Shift assignments and distribution of bilingual employees shall be at the discretion of the Police
Chief.
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.
3.3.6. Longevity
Effective July 1, 2025, employees with at least eight (8) years of sworn law enforcement
experience as Penal Code section 830.1 peace officers shall receive an additional two and a
half percent (2.5%) above their base hourly rate of pay.
Effective July 1, 2025, employees with at least twelve (12) years of sworn law enforcement
experience as Penal Code section 830.1 peace officers shall receive an additional two and a
half percent (2.5%), for a total of five percent (5.0%) above their base hourly rate of pay.
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.
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Effective June1, 2024, the monthly flex dollar allowances 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 monthly flex dollar allowance effective the first paycheck in December 2024 shall be:
For employee only: $ 950.00
For employee and one dependent: $1,900.00
For employee and two or more dependents: $2,400.00
Flex Dollar Increases for this MOU Term
Effective December 15, 2025, and December 15, 2026, the flex dollar allowances shall increase
on the December 15th paycheck up to a maximum of five percent (5.0%) on an annual basis. If
the Kaiser Bay Area premium rate increase is less than five percent (5.0%), the flex dollar
allowance shall only increase the amount of the Kaiser Bay Area premium increase. In the event
that the Kaiser Bay Area premium rate increase for the upcoming calendar year exceeds ten
percent (10%) and is less than fifteen percent (15%), the City and the employee will split the
cost of the increase above ten percent (10%) evenly; each paying 50% of the dollar value of the
increase between 10-15%. In the unlikely event that the Kaiser Bay Area premium rate
increases for the upcoming calendar year in 2026 or 2027 to an amount exceeding fifteen
percent (15%), the City and the Association agree to reopen the MOU to negotiate the
employer’s contribution to healthcare. The parties agree that this provision will sunset upon the
expiration of the MOU.
Upon the expiration of the MOU, the flex dollar allowances shall increase on the December
15th paycheck up to a maximum of three percent (3.0%) on an annual basis, based on but not to
exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year.
The City shall contribute to the cost of medical coverage for each eligible employee and their
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
CalPERS as the City’s monthly PEMHCA contribution. The flex dollar allowance must be used
to purchase health coverage.
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
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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.
b. 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 CalPERS.
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 & II 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
(AD&D) policy for each employee. The life and AD&D policy shall provide a $150,000 life
insurance and a $150,000 AD&D benefit.
4.6 LONG TERM DISABILITY POLICY
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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
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.
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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 their 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 their daily duties. Every employee who is absent from their
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
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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 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.
The time at which an employee may use their 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.
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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
Juneteenth Labor Day
Independence Day Veteran’s Day
Thanksgiving Day Day after Thanksgiving
Christmas Day
All represented employees in the Police Department shall receive straight time compensation
for every holiday worked or which falls on a regularly scheduled day off in each given year,
which all other employees receive as time off. Said compensation shall be during the pay period
that the holiday occurs. In order to be eligible for compensation for the paid holiday, the
employee must both be in paid status on the day before the holiday and on the day after the
holiday.
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, parent 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. For
any unpaid bereavement days, the employee may elect to use other accrued leaves. All
bereavement leave must be exhausted within 3 months of the date of the death of the family
member.
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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.
The above bereavement clause shall also apply in the event of a reproductive loss for an
employee. The City agrees to maintain employee confidentiality related to the reproductive loss
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
their 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.cityofsanrafael.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:
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a. The interactive process; attempt to locate other appropriate employment within the City.
b. If none available proceed with termination process, including disability retirement application
and/or Skelly process, if appropriate.
5.4.7 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.cityofsanrafael.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.cityofsanrafael.org).
5.4.10 Paid Parental Leave
Eligibility:
Effective July 1, 2024, any full-time, regular, or probationary employee who has been
continuously employed by the City for at least 12 months prior to the start of the leave shall be
eligible for Paid Parental Leave (PPL) to use within 12 months of the following eligible events:
1. Birth of a child of the employee, the employee’s spouse, or the employee’s domestic
partner.
2. Placement of a child with the employee for adoption.
For the purposes of PPL, the definition of “parent” and “child” are as defined by the California
Family Rights Act.
The City Manager may authorize, upon the recommendation of the Police Chief, an exception to
the eligibility provisions, when it is, in their opinion, necessary in order to hire or retain qualified
personnel. In these circumstances, the benefit will be prorated based on the number of months
employed.
Benefit and Use:
1. Eligible employees shall be granted 300 PPL hours to use within 12 months of the qualifying
event for the purposes of disability due to pregnancy and/or baby/child bonding. Regular part-
time employees shall be eligible for a prorated number of PPL hours, based on scheduled and
budgeted FTE.
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2. PPL is based on a 12-month rolling calendar. No more than 300 PPL hours may be used in
any 12- month period. PPL may not be used or extended beyond the 12-month time frame and
any accrued and unused PPL will be forfeited at the end of the 12-month period for the
qualifying event.
3. Upon termination of the employee’s employment at the City, they will not be paid for any
accrued and unused PPL for which they were eligible.
4. PPL is based on the employee’s regularly scheduled hourly base wage. It is considered “paid
status” for the purpose of merit, seniority, benefit premium contributions, retirement service
credit, vacation and sick leave accrual, and City benefit eligibility and contributions.
5. PPL shall be used in a block of continuous time or on an intermittent basis or reduced
schedule. For the purposes of this article, a reduced schedule is anything less than a full shift.
Intermittent leaves or reduced schedules must be arranged and approved by the employee’s
supervisor in advance.
6. PPL shall run concurrently with FMLA/CFRA and with PDL as set forth in paragraph 7, below.
Eligible employees will be reinstated to the same or equivalent position in accordance with
FMLA/CFRA protections. This may include altered assignments to accommodate the
department’s operational needs when the employee is fewer hours than their regularly
scheduled work hours.
7. Pregnancy Disability Leave (PDL): An eligible employee on PDL must reduce their sick leave
balance to 40 hours or less to use PPL concurrently with PDL. An eligible employee is not
required to further reduce their balance once they have reached the initial threshold of 40 hours
or less.
8. Use of this leave constitutes a “compelling personal situation during which time the employee
was unable to work” under Article 6.3.5 of this MOU and the probationary period for any
probationary employee who uses this leave shall be extended for the length of time the
employee was off work using this leave.
Coordination of Benefits & Leaves:
• PPL taken under this provision will run concurrently with leave under the FMLA, CFRA,
and PDL once the eligible employee’s sick leave balance is reduced to 40 hours or less.
• PPL will be fully integrated with any short-term disability or California Paid Family Leave
program but shall not exceed one hundred percent (100%) of the employee’s normal
gross salary rate.
• The use of State Disability Insurance (SDI), Short-Term Disability (STD) and Paid Family
Leave (PFL) will not reduce available hours under the PPL leave entitlement.
• For time covered by FMLA/CFRA job protected leave for baby/child bonding purposes,
PPL must be used prior to other accrued leave or unpaid leave except as discussed in
number 7 above.
• If an employee has exhausted FMLA/CFRA entitlements for reasons other than baby
bonding, PPL must be used prior to other accrued leaves or Leave Without Pay for
arranged leaves for the purpose of baby bonding. Scheduling of non-FMLA/CFRA
protected PPL is subject to Police Chief approval.
• An employee who is eligible for PPL but is on leave for other reasons cannot use PPL
except as described in paragraph 7 above.
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Additional Restrictions
Notwithstanding the requirements of other state and federal protected leave (such as FMLA,
PDL, CFRA, School leave, etc.), where this leave is not coordinated with another protected
leave status, the following rules shall apply:
• Due to the scheduling complexities in a 24/7 facility, an employee may only use these
leaves in increments of a full shift.
• Unless there is specific approval by the Police Chief, as applicable, these leaves must
be used consecutively and not intermittently by eligible employees.
• Unless there is an emergency need to use one of these leaves, these leaves may not be
used to disrupt the shift bid for major holidays including Thanksgiving and Christmas and
the week surrounding those holidays, when vacation requests are high. For example, if
an employee is not successfully able to bid the week between Christmas
and New Years through the shift bidding procedure, the employee will not be able to
take PPL for that holiday week and bump someone who successfully bid for the week.
• If the department is operating with minimum staffing as described in the Patrol Staffing
Directive, the Chief may temporarily suspend these benefits until staffing returns to
minimum staffing levels.
5.4.11 End of Life Care Leave
Eligibility:
Effective July 1, 2024 any full time, regular or probationary employee who has been
continuously employed by the City for at least 12 months prior to the start of the leave shall be
eligible for End of Life Care leave to provide end of life care for an immediate family member,
which shall include an employee’s spouse, registered domestic partner, child, parent, sibling,
parent, parent in-law(s), grandparent, or grandchild.
End of Life care may be used to provide support, assistance and care to an immediate family
member, as defined above, who is receiving end of life services through hospice or a medical
facility.
Benefit and Use:
1. Eligible employees shall receive 80 hours of End of Life Care leave to be used during their
employment with the City for use to support an immediate family member near the end of life, as
described above.
2. Upon termination of the employee’s employment at the City, they will not be paid for any
accrued and unused End of Life Care leave for which they were eligible. Further, if an employee
leaves City employment and returns to City service later in their career, the employee shall
receive any unused hours from their previous employment with the City but shall not be granted
any additional hours of for End of Life Care Leave.
3. End of Life Care leave is based on the employee’s regularly scheduled hourly base wage. It
is considered “paid status” for the purpose of merit, seniority, benefit premium contributions,
retirement service credit, vacation and sick leave accrual, and City benefit eligibility and
contributions.
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4. End of Life Care leave shall be used in a block of continuous time or on an intermittent or
reduced schedule. Intermittent leaves or reduced schedules must be arranged and approved by
the employee’s supervisor in advance.
5. End of Life Care shall run concurrently with FMLA/CFRA. Eligible employees will be
reinstated to the same or equivalent position in accordance with FMLA/CFRA protections. This
may include altered assignments to accommodate the department’s operational needs when the
employee is working a reduced work schedule.
6. An employee who is eligible for End of Life Care Leave but is on leave for other reasons
cannot use PPL except as described in paragraph 5 above.
7. Use of this leave constitutes a “compelling personal situation during which time the employee
was unable to work” under Article 6.3.5 of this MOU and the probationary period for any
probationary employee who uses this leave shall be extended for the length of time the
employee was off work using this leave.
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:
a. Required management staffing at the request of the Police Chief or their 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.
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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 their intention to reject the employee. After
discussion with the Human Resources Director, the Police Chief shall notify the employee in
writing of their 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 they are 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 their promotional probationary period shall be
reinstated to the position in which the employee held regular status prior to their 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.
6.4 PERSONNEL RULES & REGULATIONS
This Association accepts the revised Personnel Rules and Regulations presented in a
documented dated April 1991.
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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.
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.
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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.
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.
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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. Holidays/Vacations
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 their classification.
6.5 MISCELLANEOUS
6.5.1 Gratuities / Solicitation of Contributions
All employees of the Police Department should refer to Departmental Rules and Regulations
320.5.2(e) 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:
1. To refuse to place one party to a relationship under the direct supervision of the other
party to a relationship where such has the potential for creating adverse impact on
supervision, safety, security or morale.
2. To refuse to place both parties to a relationship in the same department, division or
facility where such has the potential for creating adverse impact on supervision, safety,
security, or morale, or involves potential conflicts of interest.
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
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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.
PROCEDURES:
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:
1. 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.
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 their designee only
when the shift is above minimum staffing. Due consideration must be given to
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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 their 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.
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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.
7 PROCEDURES
7.1 DEMOTION & SUSPENSION
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7.1.1 Demotion
The City Manager or their designee may demote an employee when the following occurs:
a. The employee fails to perform their 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 they do not possess the minimum
qualifications of the position at the time of demotion.
When the action is initiated by the City Manager or their 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 their 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 their 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.
7.3 DISCIPLINARY ACTION
7.3.1 Right to Discipline & Discharge
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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.
l. Misuse of City property.
m. Violation of any of the provisions of these working rules and regulations or departmental
rules and regulations.
n. Disorderly conduct, participation in fights, or brawls.
o. Dishonesty or theft.
p. Establishment of a pattern of violations of any City policy or rules and regulations over
an extended period of time in which a specific incident in and of itself would not warrant
disciplinary action, however, the cumulative effect would warrant such action.
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 they have been unjustly disciplined/discharged, they shall have the right to
appeal their 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.
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)
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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 they have a grievance may discuss their 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
their grievance directly to an official of the employee organization which is formally recognized
as the representative of the classification of which they are 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.
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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.
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SAN RAFAEL POLICE MID-MANAGEMENT
ASSOCIATION:
CITY OF SAN RAFAEL:
Todd Berringer, Police Lieutenant Angela Robinson Piñon, Assistant City
Manager
Scott Eberle, Police Lieutenant Marissa Sanchez, Director, Human Resources
Date Date