HomeMy WebLinkAboutHR San Rafael Mid-Management Association MOU 2024-2027MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL MID -MANAGEMENT EMPLOYEE ASSOCIATION
JULY19 2024 - JUNE 30, 2027
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TABLE OF CONTENTS
I
GENERAL PROVISIONS ---_-'__-----------------_------|
1.1
INTRoouoTxom---------------------------------------------J
1.1.1
Scope nf&yOU.......................................................................................................................................... |
1.1.2
Term ofMOU............................................................................................................................................ |
1.2
RsoommITxzm---------------------------------------------J
1.2.1
Bargaining Unit ..-------------------------------------------'|
/.2.2
Notice boEmployees ..................................................................................................................... 2
1'3
--------------_—__-_--'_--'--__---'2
1.31
/nGeneral ................................................................................................................................................. 2
1.3.2
Association Discrimination ...................................................................................................................... 2
Y/*
MOU DISTmIBuTxOm------------------------------.------------2
1.5
SENIORITY .................................................................................................................................................. 2
1'6
PEACEFUL PsmpOmMAmCs--------------------------.------------.2
1.7
SewemAouLITT............................................................................................................................................
1.8
ExiSTINoL.ows.REGULATIONS & POLICIES ............................................................................................ 3
1'9
FULL UNDERSTANDING, MODIFICATION, WAIVER ..................................................................................... 3
1.9.1
Understanding .......................................................................................................................................... 3
1.9i2
Modification ............................................................................................................................................... 3
2
M1MBA........................................................................................................................................................... 3
2.1
ASSOCIATION RIGHTS ................................................................................................................................
2.1.1
Designation ofAssociation Representatives ---------------------------'. }
2.1.2
Bulletin Boards ......................................................................................................................................... 3
2.1.3
New Members .......................................................................................................................................... 3
2.1/4
Employee information ............................................................................................................................. 4
2.2
DUES DEDUCTION ...................................................................................................................................... 4
2.2.1
Collection ofDues ....................................................................................................................................
2.2.2
Dues Collection during Separation from Employment ....................................................................... 4
2.23
Indemnification ./i
2.3
MANAGEMENT RIGHTS ............................................................................................................................... 4
2.4
COMMENCEMENT OF NEGOTIATIONS -_-------_—_—'_—'_—___---'---5
3
COMPENSATION--.'---------'—'_''__'__'--_'-.--.__—'-'-_--6
3.1
GENERAL WAGES AND COMPENSATION ................................................................................................... 6
3.11
Pay Dates .................................................................................................................................................. 0
3.1.2
General Wage Increase ............. ----... ....... ----........ ---...... ----'------/6
3.1.3
Compensation Survey Agwnc�o........................................................................................................... h
3.1.4
Compensation Surveys ........................................................................................................................... 6
3.1.5
Compensation Plan ................................................................................................................................. 7
3.2
STspImCmsAasa....................................................................................................................................... 7
3.2./
Entry Level Step ....................................................................................................................................... 7
3.2.2
Annual Performance Evaluations and Step Increases ....................................................................... 7
3.2.3
Temporary Merit Increases .................................................................................................................... 7
3.2.4
Anniversary Date .................................................................................................................................. 8
3.2.5
Promotions ................................................................................................................................................ V
3.3
SALARY CHANGE omRECLASSIFICATION ................................................................................................. 8
3.3.1
ToaLower Classification ........................................................................................................................ 8
3.32
7bmDifferent Classification with the Same Salary Range ................................................................ 8
3.3.3
7bmHigher Classification ....................................................................................................................... 8
3.4
SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS ................................................................................. 0
3.4.1
Out ofClass Compensation ................................................................................................................... 8
3/42
Bilingual Pay .............................................................................................................................................
3.4.4
Management Allowance..........................................................................................................................9
4 BENEFITS...................................................................................................................................................9
4.1
HEALTH INSURANCE................................................................................................................................10
4.1.1
Health Insurance for Active Employees..............................................................................................10
4.1.2
Health Insurance for Retirees..............................................................................................................1
l
4.1.3
Health and Dependent Care Spending Accounts.............................................................................12
4.2
HEALTH INSURANCE PROVIDERS............................................................................................................13
4.3
DENTAL PLAN..........................................................................................................................................13
4.4
VISION CARE PLAN..................................................................................................................................13
4.5
LIFE INSURANCE.......................................................................................................................................13
4.6
LONG TERM DISABILITY INSURANCE.......................................................................................................13
4.7
RETIREMENT CONTRIBUTION...................................................................................................................13
4.7.1
Employer Paid Member Contribution (EPMC)...................................................................................13
4.7.2
COLA.......................................................................................................................................................13
4.7.3
Retirement Plan.....................................................................................................................................13
4.7.4
Service Credit for Sick Leave (see section 5.1.5).............................................................................14
4.8
STATE DISABILITY INSURANCE (SDI)......................................................................................................14
4.9
EMPLOYEE ASSISTANCE PLAN................................................................................................................15
4.10
DEFERRED COMPENSATION....................................................................................................................15
4.11
WELLNESS BENEFIT................................................................................................................................15
5 LEAVES
.....................................................................................................................................................15
5.1
SICK LEAVE..............................................................................................................................................15
5.1.1
Eligibility ..................................................................................................................................................15
5.1.2
Sick Leave Accrual................................................................................................................................15
5.1.3
Use of Sick Leave..................................................................................................................................15
5.1.4
Advance of Sick Leave..........................................................................................................................16
5.1.5
Service Credit for Sick Leave (see section 4.7.4).............................................................................16
5.1.6
Compensation for Unused Portion......................................................................................................16
5.2
VACATION LEAVE.....................................................................................................................................16
5.2.1
Eligibility ..................................................................................................................................................16
5.2.2
Rate of Accrual .......................................................................................................................................16
5.2.3
Administration of Vacation Leave........................................................................................................17
5.3
HOLIDAYS.................................................................................................................................................18
5.3.1
Paid Holidays..........................................................................................................................................18
5.4
OTHER LEAVE..........................................................................................................................................18
5.4.1
Paid Parental Leave..............................................................................................................................18
5.4.2
End of Life Care Leave .............................. .....................20
......................................................................
5.4.3
Bereavement Leave..............................................................................................................................20
5.4.4
Jury Duty.................................................................................................................................................21
5.4.5
Military Leave.........................................................................................................................................21
5.4.6
Leave of Absence Without Pay............................................................................................................21
5.4.7
Industrial Injury Leave...........................................................................................................................21
5.4.8
Family Medical Leave............................................................................................................................22
5.4.9
Catastrophic Leave................................................................................................................................22
5.4.10
Absence Without Authorized Leave...............................................................................................22
5.4.11
Administrative Leave........................................................................................................................22
6 TERMS
& CONDITIONS OF EMPLOYMENT.............................................................................22
6.1
HOURS OF WORK.....................................................................................................................................22
6.2
TRANSFERS I REASSIGNMENTS...............................................................................................................22
6.2.1
Types of Transfers.................................................................................................................................22
6.2.2
Minimum Qualifications & Probation...................................................................................................22
6.2.3
Transfer Procedures..............................................................................................................................23
6.3
PERSONNEL RULES & REGULATIONS.....................................................................................................23
6.4
CITY POLICIES..........................................................................................................................................23
6.4.1
Drug Free Workplace...........................................................................................................................23
MMEA MOU 2024 - 2027
6.4.2 Outside Employment Policy.................................................................................................................23
6.5
CITY VEHICLES.........................................................................................................................................23
6.6
FURLOUGH PLAN.....................................................................................................................................23
6.7
PERSONNEL FILES & RECORDS..............................................................................................................24
6.7.1
Confidential Nature of Personnel Records.........................................................................................24
6.7.2
Confidential Nature of Medical Records.............................................................................................25
6.8
MISCELLANEOUS......................................................................................................................................25
6.8.1
Gratuities / Solicitation of Contributions..............................................................................................25
6.8.2
Return of City Equipment......................................................................................................................25
6.8.3
Political Activity.. .......... .......... __ ......................................................................................................
25
6.8.4
Contract Orientation Work Sessions...................................................................................................25
6.9
LABOR/MANAGEMENT MEETINGS...........................................................................................................25
7
REDUCTION IN FORCE......................................................................................................................25
7.1
LAYOFFS...................................................................................................................................................25
7.1.1
Authority ............................................................................................................ .............................25
7.1.2
Notice.......................................................................................................................................................25
7.1.3
Order of Layoff.......................................................................................................................................26
7.1.4
Seniority ..................................................................................................................................................26
7.1.5
Transfer Rights.......................................................................................................................•...............26
7.1.6
Layoff Impacts........................................................................................................................................26
7.1.7
Re-Employment.....................................................................................................................................26
7.2
GRIEVANCE PROCEDURE.........................................................................................................................27
7.2.1
Definition.................................................................................................................................................27
7.2.2
General Provisions................................................................................................................................27
7.2.3
Procedure................................................................................................................................................27
7.3
EMPLOYMENT SEPARATION.....................................................................................................................28
7.3.1
Separations Requiring Severance.......................................................................................................28
7.3.2
Separations Not Requiring Severance...............................................................................................29
7.4
DISCIPLINE................................................................................................................................................30
LIST OF EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Salary Schedule for July 1, 2024 — June 30, 2027
Represented Classifications
COLA and Equity Adjustments
MMEA MOU 2024 - 2027 iii
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
MID -MANAGEMENT EMPLOYEE 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 Mid -Management Employees Association ("Association") and representatives of the City of
San Rafael ("City") have met and conferred in good faith regarding wages, hours and other terms
and conditions of employment for the employees in said representation unit, and have freely
exchanged information, opinions and proposals and have reached MOU on all matters relating to
the employment conditions and employer -employee relations of such employees.
This MOU shall be presented to the City Council of the City of San Rafael as the joint
recommendation of the undersigned parties for salary and employee benefit adjustments for the
period commencing July 1, 2024, and ending June 30, 2027. When approved by the City Council
at an open -session meeting, this MOU shall be binding upon the Association, the employees it
represents, and the City.
1 GENERAL PROVISIONS
1.1 INTRODUCTION
1.1.1 Scope of MOU
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed
upon by the designated bargaining representatives of the City and Association and shall apply to
all employees of the City working in the classifications and bargaining unit set forth herein.
In accepting employment with the City of San Rafael, each employee agrees to be governed by
and to comply with the City of San Rafael Personnel Ordinance, Rules and Regulations and
Administrative Procedures.
1.1.2 Term of MOU
This MOU shall be in effect from July 1, 2024 through June 30, 2027.
1.2 RECOGNITION
1.2.1 Bargaining Unit
The City hereby recognizes the Association as the bargaining representative for the purpose of
meeting and conferring regarding wages, hours, and other terms and conditions of employment,
for all employees within the Mid Management Employee Association Unit (as referenced in Exhibit
B attached). For all new mid -management classifications that the City creates after the adoption
of this MOU, the City shall notify the Association of the new classification and either place the
classification in the unit or provide an explanation as to why the City believes the Mid Management
Employee Association unit is not the proper unit placement. This includes any temporary or fixed
term employees in accordance with AB 1484. The composition of the unit may also be
appropriately modified in accordance with Employer -Employee Relations Resolution 12189.
MNIEA MOU 2024 - 2027
1.2.2 Notice to Employees
Whenever a person is hired in any of the job classifications set forth herein, City shall notify such
person that the Association is the recognized bargaining representative for employees in that
classification.
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 a legally protected status, including race, color, age, religion,
ancestry, national origin, sex, sexual orientation, perceived sexual orientation, marital status,
transgender status, medical condition (cancer -related or genetic characteristics), genetic
information (including family medical history) or physical or mental disability.
Any employee alleging such discrimination should use the internal, administrative process
explained in the City's Policy Against Harassment, Discrimination and Retaliation to report the
situation. This administrative procedure shall be used as the internal complaint procedure and
not 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 MOU DISTRIBUTION
The City shall post an electronic copy of the MOU on the City website within 30 calendar days of
final ratification. Any Side Letters to the MOU subsequent to the initial posting of the MOU shall
also be posted on the City's website.
1.5 SENIORITY
Whenever seniority is used to determine a working condition (e.g., vacation accrual, vacation cap,
severance pay, sick time pay out, etc.), it shall be determined by the employee's original start
date with the City, regardless of original status (seasonal, fixed -term, etc.). This provision does
not apply to layoffs under Section 7.1.4.
1.6 PEACEFUL PERFORMANCE
The parties to this MOU recognize their mutual responsibility to provide the citizens uninterrupted
municipal services, therefore, for the duration of this MOU, and extending through the exhaustion
of impasse procedures, the parties agree not to conduct strike or lockout activities. During the
term of this MOU, 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, sympathy strike, or slowdown growing
out of any dispute relating to the terms of this MOU. The parties will take whatever lawful steps
are necessary to prevent any interruption of work in violation of this MOU
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, 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.
MrAEA'VIOU 2024 - 2027 1
1.8 EXISTING LAWS, REGULATIONS & POLICIES
All matters within the scope of meeting and conferring which have previously been adopted
through rules, regulation, ordinance or resolution, which are not specifically superseded by this
MOU, shall remain in full force and effect throughout the term of this MOU.
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 Modification
Any agreement, alteration, understanding, variation, waiver, or modification of any of these terms
or provisions contained herein shall not in any manner be binding upon the parties hereto unless
made and executed in writing by all parties hereto, approved and implemented by the City Council.
2 MMBA
2.1 ASSOCIATION RIGHTS
2.1.1 Designation of Association Representatives
The Association shall, by written notice to the City Manager, designate no more than three (3) of
its members as Association employee representatives without loss of compensation or other
benefits while formally meeting and conferring with representatives of the City on matters within
the scope of representation. Association representatives shall be permitted reasonable time for
Association activities including grievance representation. In all cases, the representatives shall
secure permission from their supervisor before leaving a work assignment. Such permission shall
not be unreasonably withheld.
The negotiating team for the Association, shall be comprised of no more than three (3) employees,
and shall be permitted to attend negotiating sessions during their work hours with pay. There shall
be no compensation for negotiations meetings held outside scheduled work hours of members of
the bargaining team.
2.1.2 Bulletin Boards
Authorized representatives of the Association shall be allowed to post Association notices on
specified bulletin boards maintained on City premises.
2.1.3 New Members
Whenever the City hires or promotes an employee into any classification covered by this MOU
and represented by the Association, the City will inform the Association representatives and the
employee, as soon as possible, of the terms and provisions of this MOU and notify the employee
that it can review the MOU on the City's website. The City shall make available up to 30 minutes,
at a mutually agreeable time, during the initial thirty (30) days of employment in that position for
new employee orientation with one (1) representative from the Association, who shall be allowed
to attend without loss of pay. The City and the Association intend that time (i.e., up to 30 minutes)
will occur at the employee orientation, or as promptly as possible on or after the first day of
employment, whenever possible. The City will provide reasonable advance notice to the
Association of employee orientations conducted by the City. New employees shall be advised of
the potential release of personal information, identified in Employee Information (Article 2.1.4),
and shall have the option to request in writing to Human Resources that the City refrain from
disclosing such personal information to the Association.
MMEA MOU 2024 - 2027
2.1.4 Employee Information
The City shall provide the Association with the name, hire date, job title, department, work
location, work phone number, work email address, 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 new employee hired or
promoted into the unit will be provided to the Association within 30 days of the hire or promotion
date. The City shall provide this information regardless of whether the newly hired employee was
previously employed by the City. An employee may request that the City refrain from disclosing
their home address, home telephone number, personal cellular telephone number, personal email
address, or birth date to the Association upon written request to Human Resources.
2.2 DUES DEDUCTION
2.2.1 Collection of Dues
The City shall deduct dues each pay period from the pay of all Association members. Such
deductions shall be authorized in writing. The City shall rely on a certification from the Association
for the authorization, modification, or cancellation of any/all dues deductions. The City shall remit
such funds to the Association within thirty (30) days following their deduction.
The City shall rely on a certification from an Association representative requesting a deduction or
reduction that they have and will maintain an authorization, signed by the individual from whose
salary or wages the deduction or reduction is to be made. The Association shall maintain
individual employee authorizations and shall not be required to provide a copy of an individual
authorizations to the City unless a dispute arises about the existence or terms of a particular
authorization. The Association shall indemnify the City for any claims made by a bargaining unit
member for deductions made in reliance on that certification.
2.2.2 Dues Collection during Separation from Employment
Dues shall not be collected during periods of separation from the representation 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 representation Unit. The term "separation" includes transfer out
of the Unit, layoff, and leave without pay absences with a duration period of more than five (5)
working days.
2.2. 3 Indemnification
Moneys withheld by the City shall be transmitted to the Treasurer of the Association at the address
specified. The Association shall indemnify, defend, and hold the City harmless against any claims
made, and against any suit instituted against the City on account of check off of employee
organization dues or service fees. In addition, the Association shall refund to the City any amount
paid to it in error upon presentation of supporting evidence.
2.3 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, all rights of management
which have not been expressly abridged by specific provision of this MOU or by law to manage
the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights
of management, as they are not abridged by this MOU 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;
MMEA MOU 2024 - 2027 a
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 (subject to bargaining in accordance with the MMBA) to contract for or
subcontract any work or operation of the City;
9. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments;
10. To relieve employees from duties for lack of work or other legitimate reasons;
11. To 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 and this MOU;
13. To determine job classifications and to reclassify employees;
14. To hire, transfer, promote and demote employees in accordance with this MOU and the
City's Rules and Regulations;
15. To determine policies, procedures and standards for selection, training and promotion of
employees;
16. To establish and modify employee and organizational performance and productivity
standards and programs including but not limited to, quality and quantity standards; and
to require compliance therewith;
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 MOU;
19. To take any and all necessary action to carry out the mission of the City in emergencies.
The City and the 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 act, 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.
2.4 COMMENCEMENT OF NEGOTIATIONS
It is mutually agreed to begin the Meet and Confer process no later than three (3) months before
the expiration date of this MOU, regarding the terms and conditions applicable to successor
MOUs. The process will be initiated by the Association through the submittal of a request to re-
negotiate.
MMEA MOU 2024 - 2027
3 COMPENSATION
3.1 GENERAL WAGES AND COMPENSATION
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 payday, the payday will be transferred to the following day of regular business
unless Finance is able to complete the payroll by the previous workday. The method of
distributing the payroll shall be established by the Finance Director.
The City calculates 1,950 hours as the annual number of work hours per year (37 .5 hours per
work week times 52 weeks per year equals 1,950 hours). Each semi-monthly pay period is
calculated at 81.25 hours (1,950 hours divided by 24 pay periods). The hourly rate of pay is
calculated by multiplying the monthly rate of pay identified in Exhibit A times 12 months to equal
the annual rate of pay, divided by 1,950 hours in a work year, to equal the hourly rate of pay.
The City will modify its pay scheduled to 26 pay periods effective when administratively feasible
subject to addressing technical issues and reaching agreement with all bargaining groups.
3.1.2 General Wage Increase
The City shall provide the following salary and equity adjustment increases for the listed positions
in each year of the MOU, with Year 1 salary increases to become effective July 1, 2024; or, on
the first pay period after Council's approval - whichever occurs later in time as set forth in Exhibit
C.
The parties also agree to reopen negotiations during the term of the MOU after January 1, 2025
unless a sooner date is mutually agreed upon to discuss reclassifications and/or equity
adjustments for the following classifications: Data & Infrastructure Manager, Assistant Community
Development Director, Deputy Building Official and Senior Project Manager.
The effective date of any compensation increases will be July 1, 2024 if the parties complete
negotiations within 45 days of the City's initial presentation to the Association of the analysis on
each classification. The effective date of any compensation decreases will follow completion of
the negotiations on each classification.
3.1.3 Compensation Survey Agencies
When conducting total compensation surveys, the City will survey the following agencies:
Alameda, Fairfield, Hayward, Napa, Novato, San Leandro, Santa Rosa, South San
Francisco, and Vallejo; Corte Madera, Larkspur, Marin County, Mill Valley, Novato, and
San Anselmo.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity
pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred
compensation (except for such portion that may be part of employee cafeteria plan), employer's
contribution towards employees' share of retirement, employer's retirement contribution,
employer paid contributions towards insurance premiums for health, life, long term disability,
dental and vision plans, and employer paid cafeteria/flexible spending accounts.
3.1.4 Compensation Surveys
The City and the Association will jointly survey the identified benchmark positions, which are
identified in Exhibit A and included as part of this MOU, in January of the final year of this
Agreement.
MMEA MOU 2024 - 2027
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." The
City and the Association shall review the benchmark and related survey data for accuracy and
completeness.
3.1.5 Compensation Plan
The Compensation Plan adopted by the City Council shall provide for salary schedules, rates,
ranges, steps, and any other special circumstances or items related to the total compensation
paid employees.
Each position within the classified services shall be allocated to its appropriate class in the
classification plan on the basis of duties and responsibilities. Each class shall be assigned a salary
range or a rate established in the salary plan. All persons entering the classified service shall be
compensated in accordance with the salary plan then in effect.
3.2 STEP INCREASES
3.2.1 Entry Level Step
All initial employment shall be at the first step of the salary range, provided that the Department
Director may make an appointment to a position at an appropriate higher salary when, in their
opinion, it is necessary to obtain qualified personnel, or when it appears that the education or
experience of a proposed employee is substantially superior to the minimum requirements of the
class and justifies a beginning salary in excess of the first step. City Manager approval is required
for entry level appointment above Step C for any position.
3.2.2 Annual Performance Evaluations and Step Increases
Employees shall receive an annual performance evaluation on or before their anniversary date.
If the employee's performance evaluation is not delivered on or before their anniversary date, and
the employee is eligible for a step increase, that step increase will become effective on their
anniversary date. If there is a delay in processing the step increase, a retroactive pay adjustment
will be processed back to their anniversary date.
Employees shall be eligible for step increases based on the following criteria:
a. Satisfactory performance evaluations meeting or exceeding established performance
standards;
b. Completion of one year of continuous service with the city; and
c. Compliance with all applicable workplace policies and regulations.
3.2.3 Temporary Merit Increases
Temporary merit performance increases of five percent (5%) may be granted an employee based
upon the recommendation of the Department Director and approval of the City Manager.
Employees at the maximum step of their salary range may be granted a merit performance
increase of five percent (5%) above and beyond their salary range. A merit increase may be
effective for up to one (1) year. A merit increase may be withdrawn and is not a disciplinary action
and is not appealable.
MMEA MOU 2024 - 2027
3.2.4 Anniversary Date
When an employee is promoted or reclassified to a new position, the first pay date at the new
position shall constitute the employee's new anniversary date for purposes of the annual
Performance Evaluation.
3.2.5 Promotions
Employees promoted to higher -level positions shall be placed at the step in the new salary range
that will provide, at a minimum, a five {5%) increase (unless that would exceed the top step in the
salary range).
3.3 SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified the incumbent shall be affected as outlined below:
3.3.1 To a Lower Classification
When a position is re -allocated to a lower classification, the incumbent is either:
1. Transferred to a vacant position in the former classification; or
2. If the incumbent's current salary is greater than the top step of the lower classification, Y-
rated at the current salary until the salary of the lower classification is at or above the Y-
rate.
3.3.2 To a Different Classification with the Same Salary Range
When a position is reallocated to a different classification with the same salary range, the
incumbent shall be granted the same status in the new classification, in which they shall be paid
at the same step of the range and shall maintain the same salary rights.
3.3.3 To a Higher Classification
When a position is reclassified to a classification with a higher salary range, the incumbent is
moved into the higher classification with the position, except in the circumstances prescribed
below. Placement in the salary range shall be in accordance with the appropriate salary pay plan
but shall be no less than the employee's current pay rate.
If the duties upon which the reclassification are based could have been assigned to any of a
number of employees in that classification within the division or department, then a promotional
exam is held for the reclassified position. Such an exam is a departmental only recruitment limited
to employees within that classification. If the incumbent is not successful in this competitive
process, they are assigned to the position vacated by the promotion.
3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
3.4.1 Out of Class Compensation
Employees assigned in writing by their Department Director to perform additional duties of a
higher paid classification shall be compensated at a rate not less than 5% greater than the
employee's current base salary. Eligibility for out -of -class compensation requires a minimum
assignment of ten (10) consecutive days.
The out -of -class pay becomes effective on the first day of the assignment. If the assignment
extends beyond four consecutive weeks, then the employee shall be compensated at the lower
step of the classification within which the duties fall if that is greater than 5% of the employee's
base pay. The Department Director is required to complete a Personnel Action Report (PAR), to
initiate out -of -class compensation.
MMEA MOU 2024 - 2027
3.4.2 Bilingual Pay
Within the job classifications represented by the Union provisions are hereby established whereby
an employee may receive bilingual pay for full fluency in a foreign language.
Full fluency is defined as a skill level that will allow the employee to fully assist someone else who
does not speak English in coping with situations or problems by translating for, conversing with
and/or reading or writing written material.
An employee can petition their Department Director for this bilingual pay incentive. With the
Department Director's recommendation and on review by the Human Resources Director and
approval of the City Manager the employee may begin to receive this bilingual pay incentive.
Criteria for approval of the bilingual pay incentive by the City Manager includes:
a. Certification by a recognized school of the appropriate skill level; and/or
b. Demonstrated ability of the proficiency level on the job; and
c. Department Director's recommendation and statement that the bilingual skill of the
employee can be of value to the department and the employee in the completion of their
regular work assignments.
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 as long as the employee demonstrates
(by work experience or re -testing, as determined by the City of San Rafael) the full fluency skill
level; and as long as the Department Director indicates the value of this skill to the department
and the employee in the completion of their regular work assignments.
Removal of the bilingual pay incentive would be considered a non -disciplinary action however
removal of bilingual pay is appealable to the Human Resources Director. The determination of
the Human Resources Director is not subject to any appeal/grievance procedure.
3.4.3 Uniform Pay
Unit members who are required to wear a uniform which is not provided by the City, shall receive
an annual uniform allowance of $545 per year, paid in two installments, in June and December.
3.4.4 Management Allowance
As of September 16, 2015, the Management Allowance of 4.54% was rolled into base pay for all
Mid -Management employees.
4 BENEFITS
Health & Dental Insurance benefits are prorated for part-time employees in accordance with
percentage of full-time work schedule. Domestic partners who are registered with the Secretary
of State and same -sex spouses are considered dependents under these benefits. Pertinent taxes
will be applied to coverage provided to registered domestic partners and same sex spouses as
required by federal and state laws.
MMEA MOU 2024 - 2027
4.1 HEALTH INSURANCE
4.1.1 Health Insurance for Active Employees
The City provides a full flex cafeteria plan for active employees, in accordance with IRS Code
Section 125. Active employees participating in the City's full flex cafeteria plan shall receive a
monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan.
The monthly flex dollar allowance effective the paycheck of July 1, 2024 shall be:
For employee only: $ 735.86
For employee and one dependent: $1,471.71
For employee and two or more dependents: $1,913.24
The monthly flex dollar allowance effective the paycheck of December 15, 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
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 employers contribution to healthcare. The
parties agree that this provision will sunset upon the expiration of the MOU.
Upon expiration of the MOU, the flex dollar allowances shall increase on the December 15th
paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis,
based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar
year.
The City shall contribute to the cost of medical coverage for each eligible employee and their
dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care
Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the
monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. The balance
of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in
accordance with the terms of the cafeteria plan to purchase health benefits.
Conditional Opt -Out Payment: An employee may elect to waive the City's health insurance
coverage and receive the value of the Employee Only contribution as a monthly Opt -Out payment
in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee
complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee's tax family
for whom coverage is waived, have alternative Minimum Essential Coverage as defined
by the Patient Protection and Affordable Care Act through a provider other than a federal
marketplace, a state exchange, or an individual policy.
MMEA MOU 2024 - 2027 10
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 City reserves the right to modify at any time, the amount an employee is eligible to receive
under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal
and/or California agency guidance.
Miscellaneous Allowance for Employees hired on or before January 1, 2009:
The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance
in an amount equivalent to the difference between the employee's benefit election for coverage
under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds
their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee
may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined
under the City's Cafeteria plan.
4.1.2 Health Insurance for Retirees
Mid -Managers Hired Prior to April 1, 2007
The following sections do not apply to temporary or fixed term classifications.
a. Mid -Managers who retired on or after December 1, 2001, from the Marin County Employees
Retirement Association (MCERA) within 120 days of leaving their City of San Rafael Mid -
Management position (and who comply with the appropriate retirement provisions under the
MCERA laws and regulations) are eligible to receive upon retirement the PEMHCA minimum
contribution as designated by PEMHCA on an annual basis.
Longevity Payments: The City shall make a longevity payment equivalent to the difference
between the PEMHCA minimum contribution and the premium cost of coverage for the retiree,
the retiree's spouse/registered domestic partner and/or qualified dependent children (as defined
by PEMHCA) capped at the contribution the City makes towards the health coverage of active
Mid -Manager employees. The City's longevity contribution shall remain in effect during the lifetime
of the Mid -Manager and Mid -Manager's spouse/registered domestic partner or surviving
spouse/registered domestic partner.
As described in this subsection, the City shall reimburse retired Mid -Managers and their spouses
or registered domestic partners the Medicare Part B standard premium amount as determined by
the Centers of Medicare and Medicaid Services (CMS) on an annual basis. To initiate
reimbursement, retirees must submit proof of payment of the Medicare Part B premiums to the
Human Resources Department. If the Medicare Part B is deducted from social security, the
retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare
Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly
basis. This reimbursement shall remain in effect for the retired Mid -Manager's life and that of the
retired Mid -Manager's spouse/registered domestic partner or surviving spouse/registered
domestic partner.
MME•A MOU 2024 - 2027 1 1
Mid -Managers Hired On Or After April 1, 2007:
b. Mid -Managers who are hired on or after April 1, 2007, and who retire from the Marin County
Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael
position (and comply with the appropriate retirement provisions under the MCERA laws and
regulations) are eligible to continue in the City's group health insurance program. The City's
contribution towards the coverage of retirees under this subsection shall be the PEMHCA
minimum contribution as determined by CaIPERS on an annual basis.
Longevity Payments: The City shall make a longevity payment equivalent to the difference
between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for
the retiree. 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. The City's longevity
contribution shall cease upon the retired Mid -Manager's death.
The City shall not be responsible for reimbursing retired Mid -Managers and/or their spouses for
any Medicare premiums paid by the retired Mid -Manager and/or the retired Mid -Manager's
spouse or surviving spouse.
Mid -Manager Hired On Or After January 1, 2009
c. Mid -Managers who are hired on or after January 1, 2009, and who retire from the Marin
County Employees Retirement Association (MCERA) within 120 days of leaving their City of San
Rafael position (and comply with the appropriate retirement provisions under the MCERS laws
and regulations) are eligible to continue in the City's group health insurance program. The City's
contribution towards the coverage of retirees under this subsection shall be the PEMHCA
minimum contribution as determined by CaIPERS on an annual basis.
The City shall not be responsible for reimbursing retired Mid -Managers and/or their spouses for
any Medicare premiums paid by the retired Mid -Manager and/or the retired Mid -Manager's
spouse or surviving spouse.
The City shall additionally make available a retiree health care trust to enable these employees
to prefund retiree health care premiums while employed by the City. The retiree health care trust
shall be funded by the mandatory annual conversion of 80 hours of sick time in service on July 1
of each year, provided an employee has a remaining balance of 75 hours of sick leave after the
conversion.
4.1.3 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. The Flexible Spending Accounts offered by
the City include:
a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS
Code up to the IRS Code limit. Employees are responsible to pay the monthly
administrative fee and any increase established by the third -party administrator.
b. Dependent Care Spending Account: Dependent care expenses that qualify under the IRS
Code up to the IRS Code Limit. Employees are responsible to pay the monthly
administrative fee and any increase established by the third -party administrator.
c. Premium Only Plan: Employee's share of medical insurance premiums shall be deducted
from employee's pay with pre-tax dollars as long as such deduction is allowable under the
applicable IRS Code.
The City shall establish an annual enrollment period and each employee must re -enroll annually
for either plan noted in a. and/or b. above. City shall have the authority to implement changes to
NWEA MOU 2024 - 2027 12
the 125 Programs to comply with changes in applicable IRS laws without having to go through
the meet and confer process; however, the City shall notify the Association of any changes as
soon as practicable.
4.2 HEALTH INSURANCE PROVIDERS
The City shall have the option, after meeting and consulting with Association representatives, of
either contracting with the Public Employees Retirement System (PERS) Health Benefits Division
for health insurance or contracting directly with some or all of the providers of health insurance
under the PERS program; provided, however, contracting directly with the providers shall not
cause any material reduction in insurance benefits from those benefits available under the PERS
program.
4.3 DENTAL PLAN
The City shall make available to employees, an additional flex dollar allowance equal to $113 per
month to purchase dental coverage under the City's dental plan. The City shall pay dental
premiums on behalf of the employee and eligible dependents.
4.4 VISION CARE PLAN
The City will contract for and pay for a vision plan for "employee plus dependent" vision benefits.
4.5 LIFE INSURANCE
The City shall provide a basic group life insurance plan in the amount of $300,000 at no cost to
the employee.
4.6 LONG TERM DISABILITY INSURANCE
The City shall provide long term disability (LTD) insurance, at no cost to the employee, with a
benefit of two-thirds (2/3) of the employee's monthly salary, up to a maximum benefit of $7500
(reduced by any deductible benefits).
4.7 RETIREMENT CONTRIBUTION
4.7.1 Employer Paid Member Contribution (EPMC)
Each Mid -Manager is responsible for paying the full cost of their employee contribution rate as
established by the Marin County Employee Retirement Association.
Effective September 1, 2013, in accordance with MCERA and City administrative requirements, all
Mid -Management employees will pay an additional contribution of one percent (1 %) of pensionable
compensation toward the normal cost of pension provided by the Marin County Employees
Retirement Association, in addition to the current employee contribution towards pension as
determined by MCERA.
4.7.2 COLA
Mid -Managers participating 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 (currently 50% of the COLA is charged to members as defined in the 1937 Act).
4.7.3 Retirement Plan
The City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement
program to all miscellaneous Mid -Manager subject to Marin County Employee Retirement
Association procedures and regulations and applicable 1937 Act laws. This is based on an
employee's single highest year of compensation.
MMEA MOU 2024 - 2027 13
Employees hired on or after July 1, 2011, will receive an MCERA retirement benefit at the formula
2% at 55, calculated based on the average of their highest three years of compensation, in
accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2%
COLA. The minimum retirement age is 55.
Employees hired by the City on or after January 1, 2013 who are defined as "new members" of
MCERA in accordance with the Public Employees' Pension Reform Act (PEPRA) of 2013, shall
be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. 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 his or her retirement or some other period
designated by the retiring employee.
4.7.4 Service Credit for Sick Leave (see section 5.1.5)
Mid -Managers who are eligible to accrue sick leave and who retire from the City of San Rafael,
on or after 07/01/95 and within 120 days of leaving City employment (excludes deferred
retirements), shall receive employment service credit (incorporated from Resolution #9414, dated
July 17, 1995), 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 of this Resolution). This provision will no longer
be available to Mid -Managers hired after June 30, 2009.
4.8 STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically deducted from their
paycheck and no City contribution will be made toward participation in the plan. It is incumbent
upon the employee to keep the City advised of their medical status, within HIPAA guidelines, and
eligibility for SDI. With this notification, SDI benefits, as determined by the State, shall be
integrated with accrued sick and vacation leave in the following manner:
a. Employee notifies supervisor of disability and need for time off. At the same time employee
files for SDI through the State Office.
b. Supervisor verifies from leave records the employee's accrual balances and projects
whether or not employee would, under normal circumstances, be placed in a leave without
pay status during the time off period.
c. Personnel Action Report (PAR) is completed by the supervisor to document request and
approval of extended leave.
d. Human Resources Department, on receipt of the PAR, contacts employee and supervisor
to discuss availability of coordination of SDI with leave benefits.
e. Employee's time off is recorded as sick leave and if necessary then vacation leave on
timecards submitted by the supervisor to the Payroll Office.
f. Upon receipt of the SDI payments, the employee must endorse the payments over to the
City of San Rafael to receive credit for leave taken.
g. Based upon the employee's hourly rate of pay, the Payroll Office computes how much
used sick and/or vacation leave time the employee will be credited and credits the
employee with those hours. NOTE: The employee may not be credited more than accrued
at or during the time of the disability.
MMEA N10U 2024 - 2027 14
The Human Resources Department, after notification from Payroll, notifies the employee
when they have used all accrued sick and/or vacation time and when leave without pay
status (LWOP) begins. Once the employee is on LWOP they would keep any SDI
payments received and would be fully responsible for the monthly health, dental and life
insurance premiums if they chose to remain in the group plans. FMLA/CFRA provide an
exception and are referenced under Section 5.4.8.
4.9 EMPLOYEE ASSISTANCE PLAN
The City provides an Employee Assistance Program (EAP) with confidential personal counseling
on work and family related issues such as eldercare, substance abuse, etc. Supervisors may also
utilize the EAP to refer employees to counselors for work related assistance.
4.10 DEFERRED COMPENSATION
The City will contribute one and six hundredths percent (1.06%) of base pay into a City -provided
deferred compensation plan for each employee in the unit to be paid in installments on a pay
period basis following agreement.
4.11 WELLNESS BENEFIT
Employees are eligible to receive up to $16.50 per month reimbursement for all eligible health
and wellness expenses as follows: preventative medical examinations (minus any amount paid
by a private insurance plan), paid health or gym club memberships, licensed weight loss facility
memberships, physical therapy sessions, smoking cessation programs, wellness counseling,
acupuncture, or meditation programs. Such reimbursement shall be reported as taxable income
to the employee.
5 LEAVES
5.1 SICK LEAVE
5.1.1 Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at an
employee's discretion but shall be allowed only in case of necessity and actual sickness or
disability. The employee is required to notify employee's immediate supervisor or Department
Director according to department Rules and Regulations or as soon as the employee is aware of
the need for the absence and no later than at the beginning of their daily duties.
If an employee has documented sick leave abuse, the employee may be placed on an attendance
management plan. The employee shall be taken off an attendance management plan after twelve
(12) months unless the pattern of sick leave abuse has continued.
5.1.2 Sick Leave Accrual
Full-time mid -managers shall earn sick leave credits at the rate of one (1) working day per month
commencing with the date of employment. Unused sick leave may be accumulated to any
amount. The sick leave accrual rate is prorated for eligible part time employees.
5.1.3 Use of Sick Leave
An employee eligible for sick leave with pay shall be granted such leave for the following
reasons:
1. Personal illness of the employee or illness within the immediate family (family member
means an employee's spouse, registered domestic partner, child, including adopted
child, a stepchild, or recognized natural child who lives with the employee in a regular
MMEA MOU 2024 - 2027 15
parent -child relationship, parent, including in-laws, and grandparent, or designated
person), or for any physical incapacity of the employee resulting from causes beyond the
employee's control; or
2. Medical appointments.
In recognition of Mid -Managers' exempt status under FLSA, time off for sick leave purposes shall
not be deducted from a Mid- Manager's sick leave accrual, unless the employee is absent for the
full workday.
Use of sick leave for work -related injuries or illnesses shall not be required when it is determined
by the treating physician that this status is permanent and stationary.
5.1.4 Advance of Sick Leave
Whenever circumstances require, and with the approval of the City Manager, sick leave may be
taken in advance of accrual up to a maximum determined by the City Manager, provided that any
employee separated from the service who has been granted sick leave that is un-accrued at the
time of such separation shall reimburse the City of all salary paid in connection with such un-
accrued leave.
5.1.5 Service Credit for Sick Leave (see section 4.7.4)
Employees who retire from the City of San Rafael within 120 days of leaving City employment
(excludes deferred retirements) shall receive employment service credit for retirement purposes
only for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible
to receive and they elect to receive in compensation for at the time of retirement pursuant to
Section 5.1.6 Compensation for Unused Portion (Sick Leave Payoff). Employees hired on or after
July 1, 2009 are not eligible to receive employment service credit of any accrued, unused sick
leave for retirement purposes.
5.1.6 Compensation for Unused Portion
Mid -Managers 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. 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.
Mid -Managers may accrue unlimited sick leave for usage purposes. However, a maximum of one
thousand, two hundred hours (1,200) accrual applies for cash -in purposes at the time of City
separation.
5.2 VACATION LEAVE
5.2.1 Eligibility
Annual vacation with pay shall be granted to each eligible employee. Vacation leave accrual shall
be prorated for those employees working less than full time.
5.2.2 Rate of Accrual
Each regular full-time employee (part time regular are prorated) shall accrue vacation at the
following rate for continuous service.
Vacation is accrued when an employee is on pay status and is credited on a semi-monthly basis.
Eligible employees accrue vacation at the following rate for continuous service performed in pay
status:
Years of service Leave Accrual rate/yearly
MMGA NIOU 2024 - 2027 16
1-5 years
15 days
6 years
16 days
7 years
17 days
8 years
18 days
9 years
19 days
10 years
20 days
11 years
21 days
12 years
22 days
13 years
23 days
14 years
24 days
15 plus years
25 days
When an employee is on an approved leave without pay, vacation accrual is prorated based upon
paid hours in the pay period. Upon the City's modification of its pay schedule to 26 pay periods,
the above accrual rates shall be adjusted to a pay period basis
In recognition of Mid -Managers' exempt status under F.LSA, time off for vacation leave purposes
shall not be deducted from a Mid -Manager's vacation accrual unless the employee is absent for
the full workday.
5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Department Director, may advance Vacation
leave to a Mid Manager; prior approval is required. No employee may accrue more than 250
Hours of vacation. Vacation accruals will resume once the employee's accumulated vacation
balance falls below the allowable cap limit.
Mid -Managers who terminate their employment shall be paid a lump sum for all accrued vacation
leave earned prior to the date of termination. Mid -Managers may not utilize accrued vacation,
administrative leave time, or personal leave time to extend their retirement date and service credit
at the end of their city service.
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 employee's Department Director with particular regard
for the needs of the City but also, insofar as possible, considering the wishes of the employee.
The Maximum amount of vacation leave that may be taken at any given time shall be that amount
that has accrued to the employee concerned, subject to the Department Director's approval. The
minimum amount of vacation that may be taken at any given time shall be one-half (1/2) hour
(except that as permitted by law, the City shall authorize the use of vacation time in smaller
increments to coordinate disability or workers compensation leaves with employee accrued paid
time). Vacation leave granted by the City and used by an employee shall be deducted from the
employee's vacation leave bank.
If one or more City holidays falls within an annual vacation leave, such holiday shall not be
charged as vacation leave, and the vacation leave shall be extended accordingly. Employees may
request a temporary waiver of their vacation cap, should a work -related injury prevent use of
vacation time. Such requests would need to be in writing, submitted through the department, and
receive the approval of the Department Director and the City Manager.
MMEA MOU 2024 - 2027 17
5.3 HOLIDAYS
5.3.1 Paid Holidays
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.
All employees who are required to work on a day designated as an authorized holiday, other than
a day on which an election is held throughout the state, shall be paid at the applicable rate of pay
for the number of hours actually worked.
When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the
Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed.
By written agreement between any employee who works in the Library or Parking Division and
their supervisor, an employee directed to work the observed holiday can bank the holiday time to
be scheduled as paid time off at a later date. Holidays will be lost if not used within the same fiscal
year, and will not be cashed out at any time during employment or upon separation.
The following paid holidays will be observed:
January V
New Year's Day
The third Monday in January
Martin Luther King Jr. Day
The third Monday in February
Washington's Birthday
March 315t
Cesar Chavez Day
The last Monday in May
Memorial Day
June 19th
Juneteenth
July 41h
Independence Day
The first Monday in September
Labor Day
November 11th
Veteran's Day
The fourth Thursday in November
Thanksgiving Day
The fourth Friday in November
Day after Thanksgiving
December 25th
Christmas Day
In addition to designated holidays, employees in this Unit receive one (1) floating holiday. Floating
holidays not used are added to the employee's vacation balance. Part-time employees will be
paid for holidays on a pro -rated basis.
5.4 OTHER LEAVE
5.4.1 Paid Parental Leave
Eligibility:
Effective July 1, 2024, any full time or regular 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
registered 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.
MMGA MOU 2024 - 2027 18
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 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 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 or reduced schedule.
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 working a
reduced work schedule.
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.
Coordination of Benefits & Leaves:
• PPL taken under this policy 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 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 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 department 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.
MMEA MOU 2024 - 2027 19
5.4.2 End of Life Care Leave
Eligibility:
Effective July 1, 2024, any full time or regular 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.
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.
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.
5.4.3 Bereavement Leave
In the event of the death of an employee's spouse, child, parent, sibling, registered domestic
partner, grandchild, grandparent, in-laws, relative who lives or has lived in the home of the
employee to such an extent that the relative was considered a member of the immediate family
and/or another individual who has a legal familial relationship to the employee and resided in the
employee's household, up to five (5) days may be granted for bereavement leave for each death
of a family member. The five days may be taken intermittently but must be used within three (3)
months of the date of the family member's death.
In those cases where the death involves an individual who had such a relationship with the
employee, as defined above, the employee shall sign a simple affidavit describing the relationship
and submit this to the Department Director as part of the request for bereavement leave. Unit
members may make a request to the Human Resources Director, or their designee, to use
bereavement leave for a relative other than those listed above.
MNILA MOU 2024 - 2027 20
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.
5.4.4 Jury Duty
Employees required to report to jury duty shall be granted a leave of absence with pay from their
assigned duties until released by the court, provided that the employee provides advance notice
to the Appointing Authority and remits to the City all per diem service fees except mileage or
subsistence allowance within thirty days from the termination of such duty.
5.4.5 Military Leave
Military leave shall be granted in accordance with the State of California Military and Veteran's
Code as amended from time to time. All employees entitled to military leave shall give the
appointing authority and the Department Director an opportunity, within the limits of military
regulations, to determine when such leave shall be taken.
5.4.6 Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager upon the written request of
the employee. Accrued vacation leave must be exhausted prior to the granting of leave without
pay.
5.4.7 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 Worker's Compensation claims. For further
information see the City's Workers' Compensation policy located on the website.
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.
Temporary disability payments (TD) are made to all employees (full and part-time) when a
physician reports an employee is unable to perform their job duties due to an industrial injury and
the City cannot accommodate the restrictions mandated by their physician. TD is set by State law
and is approximately two-thirds of full salary with state -mandated minimums and maximums. For
full-time, regular employees, however, the City augments TD payments with salary continuation
as follows: Compensation leave payments shall not exceed the employee's regular full pay for the
first three 3) calendar months and three -fourths (3/4) of the regular full pay for the following six
(6) calendar months.
Sick Leave Usage Post Industrial Injury/Illness
The following rule applies to employees who have an accepted industrial injury/illness: Available
accrued sick leave cannot be used for more than 60 calendar days after one of the following has
been determined:
a. The employee has reached maximum medical improvement and/or has been determined
"permanent and stationary."
b. The employee has been determined to be unable to return to their usual and customary
occupation, with or without reasonable accommodation.
NINIEA NIOU 2024 - 2027 21
Given the above has occurred next steps would include:
a. The interactive process; attempt to locate other appropriate employment within the City.
b. If none are available proceed with termination process, including disability retirement
application and/or Skelly process, if appropriate.
5.4.8 Family Medical Leave
Association members agree to adhere to the provisions of the City's Family Medical Leave Policy
which is available on the City's website.
5.4.9 Catastrophic Leave
Catastrophic leave shall be in accordance with the City Catastrophic Leave Policy which is
available on the City's website.
5.4.10 Absence Without Authorized Leave
An unauthorized absence of an employee for three consecutive workdays shall constitute grounds
for termination.
5.4.11 Administrative Leave
Mid -Managers shall receive ten (10) Administrative Leave days (75 hours) each calendar year
subject to the approval of the Department Director and the City Manager. An additional three (3)
days may be granted at the discretion and with approval of the department director and the City
Manager. Unused Administrative Leave shall not carry over from one calendar year to the next,
nor shall unused Administrative Leave balances be paid to a Mid -Manager upon their resignation.
In recognition of exempt status under FLSA time off for Administrative leave purposes shall not
be deducted from a Mid -Manager's administrative leave accrual, unless the employee is absent
for the full workday.
6 TERMS & CONDITIONS OF EMPLOYMENT
6.1 HOURS OF WORK
The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all job classes. Unless
otherwise designated, the normal business hours for vacation, sick and administrative leave
deduction and sick and administrative leave accrual purposes for Mid -Managers shall be 7.5
hours per day.
6.2 TRANSFERS / REASSIGNMENTS
6.2.1 Types of Transfers
Transfers may be within the same department (intra-departmental) or between departments
(inter -departmental). The requirements for each are as follows:
a. Intra-departmental transfers. The Appointing Authority shall have the authority to
transfer an employee from a position in one division of a department to a position in the
same or similar classification with the same salary range, in the same division or to another
division of the same department (at any time and for any duration).
b. Voluntary Transfers. An employee may make a written request for transfer to the Human
Resources Director to a position in the same or similar classification with the same salary
range. Such a transfer may be made on the recommendation of the affected Department
Director(s) and the approval of the City Manager.
6.2.2 Minimum Qualifications & Probation
MMEA MOU 2024 - 2027 22
Any persons transferred to a different position shall possess the minimum qualifications for the
position.
6.2.3 Transfer Procedures
The City Manager may authorize the transfer of an employee from one position to another of the
same or comparable class of work and where the same general type of examination is given for
entrance to such a position. Transfers from one department to another department having a
different jurisdiction or different function shall be done only with the consent of the Department
Directors involved, unless such a transfer is ordered by the City Manager for purpose of economy
or efficiency. Any person transferred to a different position shall possess the minimum
qualifications for the position. Employees may seek voluntary transfers to positions within the
same job class, and/or lower -level job classes as long as the employee meets the minimum
qualifications for the position. Employees seeking transfer should submit a completed application
to the Human Resources Department. As vacancies occur, transfer candidates may receive
consideration along with those on the eligibility list.
6.3 PERSONNEL RULES & REGULATIONS
All represented employees shall follow the City's Personnel Rules and Regulations located on the
City's website.
6.4 CITY POLICIES
6.4.1 Drug Free Workplace
All represented employees shall abide by the City's Drug and Alcohol Policy.
6.4.2 Outside Employment Policy
All represented employees shall abide by the City's Outside Employment Policy.
6.5 CITY VEHICLES
Under limited circumstances, a city vehicle may be provided to a represented employees if it is
determined to be needed to complete their job duties and upon approval of the City Manager.
6.6 FURLOUGH PLAN
Both the City of San Rafael and the Mid -Management Group 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 these employees 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 needs of the City and the respective departments (as determined by the Department Director
and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted
and the resulting savings will have a corresponding impact on the time needed through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an
employee needed to take during the fiscal year.
MMEA MOU 2024 - 2027 73
2. 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 Director 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 Association changes it policy on this the City will, effective the first of the month
following notice from the Marin County Retirement Association, make the necessary
change in the program's administration to correspond with the change in the policy. Any
employee who notifies the City no later than 07/30/11 of their retirement date and retires
from the Marin County Retirement System during FY 11-12 shall be exempted from the
MTO requirements. If said employee did not retire during FY 11-12 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. When the maximum MTO reduction (5%) is
implemented, the involved employee shall be credited with three (3) days of float
time.
b. Float Time accrued through the MTO Program must be taken in the fiscal year
following the furlough, with supervisory approval, or the leave will be forfeited. The
float days have no cash value upon termination of employment. If an employee is
laid off before having the opportunity to take unused furlough induced float time,
said employee would be eligible to take the unused furlough induced float time
during the thirty -day layoff notice period.
c. Should the City of San Rafael experience a financial windfall during the fiscal year
that furloughs are implemented, the City agrees to re -open discussions on this
Furlough Program.
d. 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.
6.7 PERSONNEL FILES & RECORDS
6.7.1 Confidential Nature of Personnel Records
All personnel records and files and examination materials are confidential. The Human Resources
Director shall take all necessary steps to protect the confidentiality of those materials. Disclosure
of such records shall be governed by the Public Records Act, Government Code Sections 6250,
et. seq.
MMEA MOU 2024 - 2027 24
Individual employees may review their official personnel file maintained by the Human Resources
Department and/or respective appointing authority. With the written consent of the employee, the
authorized representative of the recognized employee organization may also review that
personnel file.
6.7.2 Confidential Nature of Medical Records
All medical records and files are the property of the City of San Rafael. These confidential records
and files are to be maintained in a file separate from the employee's personnel file in the Human
Resources Department. Disclosure of such records shall be governed by the Public Records Act,
Government Code, Section 6250, et. seq.
6.8 MISCELLANEOUS
6.8.1 Gratuities / Solicitation of Contributions
Gratuities and/or solicitation of contributions are not allowed.
6.8.2 Return of City Equipment
Upon termination of employment, all tools, equipment, and other City property assigned to an
employee shall be returned to the employee's supervisor before leaving City employment.
6.8.3 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and Federal
Law.
6.8.4 Contract Orientation Work Sessions
The City and the Association agree that the individuals having responsibility for the enforcement
of the MOU, Association Officers and Department Directors/Supervisors, shall participate in an
Annual Contract Orientation Work Session for the purpose of obtaining a better understanding of
the provisions of the contract. These work sessions shall be held on City time and facilities.
6.9 LABOR/MANAGEMENT MEETINGS
The City and the Association agree that consultation meetings may contribute to improved
employer -employee relations.
The committee shall be comprised of three (3) representatives from the Association and
representatives from City Management. The parties agree that committee members may change
depending on the subject matter. Meetings may be requested by either party. The party
requesting the meeting shall submit a proposed agenda and the receiving party shall
acknowledge and confirm the date, time and location of the requested meeting. Unless there is
mutual agreement between parties, the committee shall hold no more than 1 meeting each
quarter. It is intended that the subject matter will not include issues subject to Article 7.2 Grievance
Procedures.
7 REDUCTION IN FORCE
7.1 LAYOFFS
7.1.1 Authority
The City may lay off any represented employee because of lack of work or funds, or organizational
alterations, or for reasons of economy or organizational efficiency.
7.1.2 Notice
MMEA MOU 2024 - 2027 25
Employees designated for layoff or demotion shall be notified in writing at least thirty (30) calendar
days prior to the anticipated date of termination or demotion. The Association shall also be
notified.
7.1.3 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. Fixed term
employees shall be laid off before permanent employees in the affected classification.
7.1.4 Seniority
When two or more employees within a classification will be laid off or reduced, it will be done on
the following basis:
a. Seniority within the affected classification will be determinative. Such seniority shall
include time served in higher classification(s). The computation of seniority for part-time
employees will be credited on a pro rata basis to full-time service. Time spent on a City
Manager approved leave of absence without pay does not count toward seniority.
b. If the seniority of two or more employees in the affected classification or higher
classifications) is equal, departmental seniority shall be determinative.
c. If all of the above are equal, date of original hire with the City shall be determinative.
7.1.5 Transfer Rights
The City 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. If the vacancy is in the
Department from which the employee is being laid off, and within their classification series,
reassignment shall be made. An employee will retain their current salary rate upon their initial
placement into the position, unless, the employee's salary rate exceeds the top of the salary
schedule of any lower classification to which they may be reassigned. The length of eligibility for
such transfer will be the period of notification as provided in Section 7.1.2, but no longer than the
effective date of such layoff or reduction.
7.1.6 Layoff Impacts
Once the decision has been made to reduce the workforce per this MOU, the City will meet and
confer with the Association overall all negotiable impacts of the City's decision to layoff.
7.1.7 Re -Employment
Employees subject to layoff shall be placed on a reemployment list for two (2) years from the
effective date of their layoff. Employees placed on a re-employment list must ensure that the
City's Human Resources Department is provided with current contact information (mobile phone
number and current email) so the employee can be contacted about any reemployment
opportunity.
During the two (2) years on the reemployment list, such employees shall be considered for any
vacancies occurring in their job classification or classification series, if qualified. Such employees
are entitled to be interviewed for such vacancies if they indicate they are interested in being
considered for the vacancy. If the vacancy (in their job classification or classification series, if
qualified) is in the Department from which the employee was laid off, reappointment shall be
made.
Employees offered the right to reinstatement from a reemployment list shall be granted up to
fourteen (14) calendar days from the date of notification to decide whether to accept
reinstatement. If an employee refuses to be reemployed or does not respond within fourteen (14)
MNIEA MOU 2024 - 2027 26
calendar days of notification, the employee will be removed from the reemployment list.
Employees who retire from MCERA while on a re-employment list are removed from the re-
employment list on the date of their retirement application.
If an employee is reinstated from a reemployment list, their seniority shall be restored. They will
not accrue seniority for the time on the reemployment list. Employees reinstated from a
reemployment list will have their sick leave balance (on the day of layoff) restored.
7.2 GRIEVANCE PROCEDURE
7.2.1 Definition
Grievance is a dispute which involves the interpretation or application of any provision of this
Memorandum of Understanding. A dispute regarding the interpretation of the applicable City's
Personnel Rules and Regulations is subject to the grievance procedure up to Step 3 (Human
Resources Director). All ordinances, resolutions, rules and regulations which are not specifically
covered by the provisions of this Memorandum shall not be subject to the Grievance Procedure.
Grievant may be an individual employee or a group of employees or the Association on behalf of
a group of employees or the Association on its own behalf on matters involving the City and
Association relationship.
Time limits begin with the day following the event causing the grievance or the day following
receipt of a grievance decision.
7.2.2 General Provisions
Employees who participate in the Grievance Procedure by filing a grievance or acting as a witness
on the behalf of either party shall be free from discrimination by either the Association or the City.
A grievant has the right to be represented at each stage of the procedure and have access to
information that is relevant and necessary to the grievance.
If the City management fails to respond within the specified time limits, the grievance shall, at the
request of the Association, be moved to the next step of the procedure. If the Association or a
grievant fails to process or appeal a grievance within the specified time limits, the matter shall be
deemed withdrawn with prejudice. The parties may by mutual agreement waive the steps in the
procedure or agree that a grievance may be filed initially at a higher step.
The Human Resources Department shall act as the central repository for all grievances.
Time limits contained herein may be extended by mutual agreement of the parties. Absence for
bona fide reasons by a grievant, the Association representative or any management official
involved in responding to the grievance shall automatically extend the time limits by the same
number of days of absence.
7.2.3 Procedure
Step 1.
Within ten (10) calendar days of when the grievant knew or should have known of the act or
omission causing the grievance, the grievant shall present either in writing or verbally a clear and
concise statement of the grievance to the immediate supervisor. Within fifteen (15) calendar days
thereafter, the immediate supervisor shall investigate and respond to the allegations of the
grievant.
Step 2.
If the grievant is not satisfied with the resolution at Step 1, the grievant must reduce the grievance
to writing and present it to the Department Director within ten (10) calendar days. The written
MMEA MOU 2024 - 2027 27
grievance shall contain a statement of facts about the nature of the grievance and shall identify
the specific provisions of this Memorandum of Understanding (or applicable City Personnel Rule
or Regulation) alleged to be violated, applicable times, places and names of those involved, the
remedy or relief requested, and shall be signed by the grievant. The Department Director shall
confer with the grievant and within fifteen (15) calendar days respond to the allegations in writing.
Step 3.
If the grievant is not satisfied with the resolution at Step 2, the grievant shall within ten (10)
calendar days appeal the matter to the Human Resources Director. The Human Resources
Director shall investigate the matter, conduct a hearing if the Human Resources Director deems
it appropriate and within fifteen (15) calendar days thereafter, respond to the allegations in writing.
Step 4.
If the grievance remains unresolved after Step 3, the Association may, by written notice to the
City's Human Resources Department within ten (10) calendar days after the receipt of the
response in Step 3, notify the City that the Association wishes to appeal the Step 3 decision to
the City Manager or their designee.
The Association shall submit in writing a written statement of the grievance and deliver a copy to
the City Manager or their designee. The written statement shall include the following information:
• The factual basis for the grievance.
• Allegations of the specific wrongful act and harm done.
• The specific portion of the MOU or applicable City Personnel Rule or Regulation that
was violated.
• The remedy being sought.
• Copies of Step 1-3 responses.
Within ten (10) calendar days thereafter, the City Manager or their designee may, at their direction,
schedule a meeting with the grievant to discuss the matter. After consideration of the facts and
an investigation, the City Manager or their designee shall respond to the employee within fifteen
(15) calendar days. The City Manager may extend the deadline by fifteen (15) calendar days if
further investigation is required. The response shall be in writing. The decision of the City Manager
will be final and binding.
The City Manager's decision will be limited as follows:
1. The decision shall neither add to, detract from, nor modify any of the language of the
MOU.
2. The decision shall be confined to the precise issues(s) the grievance has raised and
that the grievant has submitted.
3. Any monetary award in favor of the grievant may not exceed wages or benefits that
the grievant has actually lost as a result of the matters alleged in the grievance. In no
event shall any grievance award include any compensatory damages or attorney's
fees.
7.3 EMPLOYMENT SEPARATION
Represented employees are at -will employees of the City.
7.3.1 Separations Requiring Severance
MN1EA MOU 2024 - 2027 28
Except employees who have committed an abuse of office or position as defined by Government
Code Section 53243.4 or committed a violation of the Fair Employment and Housing Act, a mid -
management unit employee who is involuntarily separated shall receive severance pay in a lump
sum equal to the following provided they sign a settlement and general release provided by the
City:
• 1 year of service = two -months of salary and two month of COBRA health insurance.
• 2 years of service = three -months of salary and three months of COBRA health insurance.
• 3 years of service = four -months of salary and four months of COBRA health insurance.
• 4 years of service = five -months of salary and five months of COBRA health insurance.
• 5 years of service = six -months of salary and six months of COBRA health insurance.
7.3.2 Separations Not Requiring Severance
For employees who have committed an abuse of office or position as defined by Government
Code Section 53243.4 or committed a violation of the Fair Employment and Housing Act, the City
shall provide the employee with a notice of intent to terminate prior to imposition. This document
shall set forth the grounds for termination, the facts supporting the grounds, and all evidence upon
which the termination is taken. In addition, the notice will advise the employee of their right to
respond to the proposed termination either in writing or orally at a meeting and identify who from
the City to contact if the employee decides to respond to the termination.
Any response must be received by the City within fifteen (15) calendar days of the employee
receiving the notice of intent to terminate. The meeting, if requested by the employee, shall take
place at a mutually agreeable time within fifteen (15) days (unless mutually agreed to be extended
by the parties) of the employee's request at a location determined by the City. If the employee
does not provide a written response or request a meeting within the time limits, termination will
be imposed. The employee has the right to be represented at all stages of this process.
If termination is imposed, the City shall issue a final notice of termination. The notice shall include
the same information as what is required for a notice of intent. The notice shall also set forth the
employee's appeal rights advising the employee that if they wish to appeal the termination, they
must do so in writing by serving a notice of appeal to the Human Resources Director within fifteen
(15) calendar days. The notice of termination will set forth the effective date of the termination.
The City's Human Resources Director or their designee shall contact either the employee or their
identified representative within ten (10) calendar days (unless the date is extended by mutual
agreement of the parties) of receipt of the notice of appeal to determine whether the parties can
agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for
the City shall contact the agreed upon arbitrator to determine their availability for the hearing. If
the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee
will send a letter to the Public Employment Relations Board requesting a list of seven (7)
arbitrators. Once the list is received, the representatives of the parties shall strike names until an
arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name,
and proceed until one (1) name remains, and that person shall be the arbitrator. Once the
arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. During the
hearing, the formal rules of evidence do not apply. The arbitration may be conducted virtually
based on mutual agreement of the parties.
The cost of the list of arbitrators, and the arbitrator themselves, shall be split between the City
and the Association if the Association is financially supporting the appeal. Any arbitration
expenses incurred as the result of a postponement or cancellation of a hearing shall be borne by
the postponing or cancelling party. If either party wishes to have a transcript of the arbitration
MMEA MOU 2024 - 2027 29
proceedings, the requesting party will be solely responsible for all costs associated with the
transcript. If both parties request a transcript, the cost will be shared equally. Each party shall
arrange for and pay expenses of witnesses that are called by such party, except that any City
employee called as a witness shall be released from work without loss of compensation or other
benefits for the time needed to testify at the arbitration hearing. Arrangements for employee
witnesses shall be made through the Human Resources Director, or designee at least three (3)
calendar days in advance of the hearing date.
The arbitrator's decision will be limited to whether the employee committed an abuse of office or
position as defined by Government Code Section 53243.4 or committed a violation of the Fair
Employment and Housing Act, which the City must prove by a preponderance of the evidence.
The arbitrator shall issue their advisory recommendation within thirty (30) calendar days from the
conclusion of the hearing unless the period has been mutually extended in writing by the parties.
Once the arbitrator issues their advisory recommendation, they will submit it to the City Manager
as well as both parties' representatives.
Within thirty (30) days of receipt of the advisory arbitrator's recommendation, the City Manager
shall issue and send their final written decision to the parties. The City Manager may accept,
reject or modify the advisory arbitrator's recommendation or any part thereof. The City Manager's
decision shall be final and binding. In reaching their decision, the City Manager shall review the
advisory arbitrator's recommendation and the evidence, both documentary and testimonial, and
arguments presented to the advisory arbitrator. The employee has the right to appeal the City
Manager's decision in accordance with California Code of Civil Procedure section 1094.5 that
provides a 90-day statute of limitations.
7.4 DISCIPLINE
The City retains the management right to discipline unit members. However, the City agrees that
the Association has the right to represent members should the City decide to issue discipline.
Discipline may be initiated for reasons, including, but not limited to, employee misconduct,
violations of law and/or City or Department rule, policy, or procedure.
The City shall provide timely notice in writing to the employee and the Association of any
disciplinary action being taken. This document shall set forth the grounds for discipline, the facts
supporting the grounds, and all evidence upon which the discipline is taken.
For discipline that does not result in loss of pay or title, represented employees may submit a
written response to the discipline and the City shall include it with the discipline if the City puts the
discipline in the employee's personnel file.
For any discipline that results in loss of pay or title, the City shall allow the employee and an
Association representative to respond to the proposed discipline orally or in writing prior to the
discipline being imposed. Any response must be received by the City within fifteen (15) calendar
days of the employee receiving the notice of intent to discipline. If the City imposes discipline,
and the employee submitted a written response to the proposed discipline, the City shall include
it with the discipline in the employee's personnel file
MMEA NIOU 2024 - 2027 30
MID -MANAGEMENT EMPLOYEE ASSOCIATION: CITY OF SAN RAFAEL:
6/27/2024
Jeffrey Natke, Chief Negotiator
City Employee Associates, LLC
-/W,. u/a, 07/05/24
Thomas Wong, Senior Management Analyst II
Date
7/9/94
Tim Davis (Jul 2. 2024 08:39 PDT)
Tim Davis, Chief Negotiator
Burke Williams Sorensen
i i0i.
4�
7/5/2024
Nick Biss, Principal HR Analyst
Date
MMEA MOU 2024 - 2027 31
SAN RAFAEL UNREPRESENTED MID -MANAGEMENT
SALARY SCHEDULE
Effective July 1, 2024
Grads
Potit(on
A
13
E
2303
Assistant Community Development Director
$
13,025
$
13.676
$
14,360
$
15,078
$
15,832
2304
Assistant Community & Economic Development
Director
$
13,676
$
14,360
$
15.078
$
15.832
$
16,624
2400
Assistant Library and Recreation Director
$
12.036
$
12,638
$
13.270
$
13.933
$
14,630
2202
Assistant Public Works Director
$
13,530
$
14,207
$
14,917
$
15,663
$
16,446
2302
Chief Building Official
$
12,574
$
13,202
$
13,863
$
14,556
$
15,284
4203
Civic Engagement Manager
$
10,843
$
11,385
$
11,955
$
12,552
$
13,180
2122
1 Code Enforcement Supervisor
$
8,186
$
8,595
$
9,025
$
9,477
$
9,950
4204
Data & Infrastructure Manager
$
11,667
$
12.251
$
12,863
$
13,506
$
14,182
4213
Deputy Building Official
$
11,101
$
11.656
$
12.239
$
12.851
$
13,493
7125
Deputy Director of Emerqencv Manaqement
$
13.531
$
14.207
$
14.918
$
15.663
$
16,447
2120
IDeputy Fire Marshall
$
10.702
$
11.237
$
11.799
$
12,389
$
13.009
TBD
Deputy PW Administrative Services Director
$
12,292
$
12.907
$
13.552
$
14,230
$
14,941
2135
Deputy Public Works Director
$
12,292
$
12,907
$
13,552
$
14.230
$
14,941
7117
Emergency Services Manager
$
9.883
$
10.377
$
10.896
$
11.441
$
12.013
2137
Housinq Manaqer
$
11,844
$
12,436
$
13,058
$
13,710
$
14,396
2208
Operations and Maintenance Manager
$
11,300
$
11.865
$
12.459
$
13.082
$
13,736
2208
Operations and Maintenance Manaqer (SRSD)
$
11.300
$
11.865
$
12.459
$
13.082
$
13.736
TBD
Operations & Maintenance Superintendent
$
10,124
$
10.631
$
11.162
$
11,720
$
12,306
2703
Parking Services Manaqer
$
10.326
$
10,842
$
11.385
$
11.954
$
12,551
7312
Parks Superintendent
$
10,124
$
10,631
$
11,162
$
11.720
S
12,306
2116
Planning Manaqer
$
11,844
$
12.436
$
13,058
$
13.710
$
14,396
2206
Principal Civil Engineer (SRSD)
$
13.806
$
14.497
$
15.222
$
15,983
$
16,782
4206
Product Manaqer
$
10,843
$
11,385
$
11,955
$
12.552
$
13.180
8103
Recreation Supervisor
$
8.531
$
8,957
$
9.405
$
9.875
$
10.369
9511
Risk Manager
$
11,508
$
12,084
$
12,688
$
13,322
$
13,988
7317
Senior Code Enforcement Supervisor
$
9,036
$
9,487
$
9,962
$
10,460
$
10,983
2101
Senior Management Analyst 1
$
8,384
$
8,803
$
9,243
$
9,705
$
10,191
2105
Senior Management Analyst II
$
9,982
$
10,481
$
11,005
$
11,555
$
12,133
2203
Senior Pro .ect Manaqer
$
10,021
$
10,522
$
11,048
$
11,600
$
12,181
8102 1
Senior Recreation Supervisor
$
9,643
$
10,125
$
10,631
$
11,163
$
11,721
7310
Sewer Maintenance Superintendent
$
10,124
$
10.631
$
11,162
$
11,720
$
12,306
7311
Street Maintenance Superintendent
$
10,124
$
10,631
$
11,162
1 $
11,720
$
12,306
7245
Supervising Librarian
$
8,737
$
9,174
$
9.632
$
10,114
$
10,620
2150 iSustainability
Program Manaqer I
$
8.573
1 $
9,002
$
9.452
$
9,925
$
10,421
SAN RAFAEL UNREPRESENTED MID -MANAGEMENT
SALARY SCHEDULE
Effective July 1. 2025
_Grade
fsositUdit
A
B
C
D
E
2303
Assistant Community Development Director
$
13.416
$
14,086
$
14,791
$
15,530
$
16,307
2304
Assistant Community & Economic Development
Director
$
14,086
$
14,791
$
15,530
$
16,307
$
17,122
2400
Assistant Library and Recreation Director
$
12,698
$
13,333
$
14,000
$
14.700
$
15,435
2202
Assistant Public Works Director
$
14,139
$
14,846
$
15.588
$
16,368
$
17,186
2302
Chief Buildinq Official
$
13.140
$
13.797
$
14.486
$
15,211
$
15.971
4203
Civic Engagement Manaaer
$
11.440
$
12.012
$
12,612
$
13,243
$
13;905
2122
Code Enforcement Supervisor
$
8,555
$
8,982
$
9,431
$
9,903
$
10,398
4204
Data & Infrastructure Manager
$
12,017
$
12,618
$
13,249
$
13,912
$
14,607
4213
Deputy Building Official
$
11,434
$
12,006
$
12,606
$
13,236
$
13,898
7125
Deputy Director of Emergency Management
$
14,139
$
14,846
$
15.589
$
16,368
$
17,187
2120
Deputy Fire Marshall
$
11,184
$
11,743
$
12,330
$
12,947
$
13,594
TBD
Deputy PW Administrative Services Director
$
12,845
$
13,488
$
14,162
$
14,870
$
15,614
2135
Deputy Public Works Director
$
12,845
$
13,488
$
14,162
$
14;870
$
15,614
7117
Emergency Services Manager
$
10,180
$
10.688
$
11,223
$
11,784
$
12,373
2137
Housing Manager
$
12,495
$
13,120
$
13,776
$
14,465
$
15,188
2208
Operations and Maintenance Manager
$
11,922
$
12,518
$
13,144
$
13,801
$
14,491
2208
Operations and Maintenance Manager (SRSD)
$
11,922
$
12,518
$
13,144
$
13,801
$
14,491
TBD
Operations & Maintenance Superintendent
$
12,784
$
13,423
$
14,094
$
14,799
$
15,539
2703
Parking Services Manager
$
10,791
$
11,330
$
11,897
$
12,492
$
13,116
7312
Parks Superintendent
$
10,529
$
11,056
$
11,609
$
12.189
$
12,798
2116
Planning Manager
$
12,495
$
13,120
$
13,776
$
14,465
$
15,188
2206
Principal Civil Engineer (SRSD)
$
14,221
$
14,932
$
15,678
$
16,462
$
17,285
4206
Product Manager
$
11,440
$
12.012
$
12,612
$
13,243
$
13,905
8103
Recreation Supervisor
$
8,829
$
9,271
$
9,734
$
10,221
$
10,732
9511
Risk Manager
$
11,854
$
12,446
$
13,069
$
13,722
$
14,408
7317
Senior Code Enforcement Supervisor
$
9,442
$
9,914
$
10,410
$
10,931
$
11,477
2101
Senior Management Analyst 1
$
8,761
$
9,199
$
9.659
$
10,142
$
10.649
2105
Senior Management Analvst II
$
10,431
$
10.953
$
11.500
$
12.075
$
12.679
2203
Senior Proiect Manaqer
$
10.322
$
10,838
$
11.380
$
11,949
$
12,546
8102
Senior Recreation Supervisor
$
10.173
$
10.682
$
11.216
$
11,777
$
12,366
7310
Sewer Maintenance Superintendent
$
10,529
$
11,056
$
11,609
$
12,189
$
12,798
7311
Street Maintenance Superintendent
$
10,529
$
11,056
$
11,609
$
12,189
$
12,798
7245
Supervisinq Librarian
$
9.261
$
9.724
$
10,210
$
10,721
S
11,257
2150
Sustainability Program Manager
$
9,174 1
$
9.632
$
10.114
1 $
10,620
$
11,150
SAN RAFAEL UNREPRESENTED MID -MANAGEMENT
SALARY SCHEDULE
Effective July 1, 2026
Grade
PdsiNon
A
B
E
2303
Assistant Community Development Director
$
13,818
$
14,509
$
15,235
$
15,996
$
16,796
2304
Assistant Community & Economic Development
Director
$
14,509
$
15,235
$
15,996
$
16,796
$
17.636
2400
Assistant Library and Recreation Director
$
13.333
$
14,000
$
14,700
$
15,435
$
16.206
2202
Assistant Public Works Director
$
14,705
$
15,440
$
16,212
$
17,022
$
17,874
2302
Chief Building Official
$
13,665
$
14,348
$
15,066
$
15,819
$
16,610
4203
Civic Engagement Manager
$
12,012
$
12,612
$
13,243
$
13,905
$
14,600
2122
Code Enforcement Supervisor
$
8,897
$
9,342
$
9,809
$
10.299
$
10,814
4204
Data & Infrastructure Manager
$
12,378
$
12.997
$
13.647
$
14,329
$
15,045
4213
Deputy Building Official
$
11,777
$
12,366
$
12.984
$
13,633
$
14.315
7125
Deputy Director of Emergencv Manaaement
$
14,705
$
15.440
$
16.212
$
17.023
$
17.874
2120
Deputy Fire Marshall
$
11.631
$
12,213
$
12.824
$
13,465
$
14.138
TBD
Deputy PW Administrative Services Director
$
13,359
$
14,027
$
14,729
$
15,465
$
16.238
2135
Deputy Public Works Director
$
13,359
$
14,027
$
14.729
$
15.465
$
16,238
7117
Emeraencv Services Manager
$
10.485
$
11.009
$
11.560
$
12.138
$
12.744
2137
Housing Manager
$
13,120
$
13.776
$
14.465
$
15.188
$
15.947
2208
Operations and Maintenance Manager
$
12.518
$
13.144
$
13.801
$
14.491
$
15.216
2208
Operations and Maintenance Manager (SRSD)
$
12.518
$
13.144
$
13.801
$
14.491
$
15.216
TBD
Operations & Maintenance Superintendent
$
13.359
$
14.027
$
14.729
$
15,465
$
16.238
2703
Parking Services Manager
$
11,222
$
11.784
$
12.373
$
12.991
$
13,641
7312
Parks Superintendent
$
10,950
$
11,498
$
12.073
$
12.676
$
13,310
2116
Planning Manager
$
13.120
$
13,776
$
14,465
$
15.188
$
15,947
2206
Principal Civil Enaineer (SRSD)
$
14.647
$
15,380
$
16,149
$
16.956
$
17.804
4206
Product Manager
$
12,012
$
12,612
$
13,243
$
13,905
$
14,600
8103
Recreation Supervisor
$
9,138
$
9,595
$
10,075
$
10,579
$
11,108
9511
Risk Manager
$
12,209
$
12,820
$
13,461
$
14,134
$
14,840
7317
Senior Code Enforcement Supervisor
$
9,820
$
10,311
$
10,827
$
11,368
$
11,936
2101
Senior Management Analyst 1
$
9,112
$
9,567
$
10,045
$
10,548
$
11,075
2105
Senior Management Analyst II
$
10,848
$
11,391
$
11,960
$
12,558
$
13,186
2203
1 Senior Proiect Manager
$
10,631
$
11,163
$
11,721
$
12.307
$
12,922
8102
Senior Recreation Supervisor
$
10,682
$
11,216
$
11,777
$
12.366
$
12,984
7310
Sewer Maintenance Superintendent
$
10,950
$
11,498
$
12,073
$
12.676
$
13,310
7311
Street Maintenance Superintendent
$
%950
$
11,498
$
12.073
$
12,676
$
13,310
7245
Supervising Librarian
$
91817
$
10,308
$
10.823
$
11,364
$
11,932
2150
SustainabilityProgram Manager
$
9.816
$
10.306
$
10.822
$
11.363
$
11,931
SRMMEA MOU — Exhibit B
San Rafael Mid -Management Association
Represented Classifications
Assistant Community Development Director
Assistant Director of Community and Economic Development
Assistant Library and Recreation Director
lAssistant Public Works Director
Chief Building Official
Civic En a ement Manager
Code Enforcement Supervisor
Data & Infrastructure Manager
Deputy Building Official
Deputy Director of Emergency Management
Deputy Fire Marshal
Deputy Public Works Administrative Director
Deputy Public Works Director
Emergency Services Manager
Housing Manager
Operations and Maintenance Manager
Operations and Maintenance Superintendent
Parking Services Manager
Parks Superintendent
Planning Manager
Principal Civil Engineer SRSD
Product Manager
SRMMEA MOU — Exhibit B
San Rafael Mid -Management Association
Represented Classifications
Recreation Supervisor
Risk Manager
Senior Code Enforcement Supervisor
Senior Management Analyst I
Senior Manaqement Analvst II
Senior Project Manager
Senior Recreation Supervisor
Sewer Maintenance Superintendent
Street Maintenance Superintendent
Supervisinq Librarian
Sustainability Program Manager
Climate Adaptation and Resilience Planner (Advanced Professional Temp Fixed Term
Wildfire Prevention Program Manager Advanced Professional Temp Fixed Term
Enterprise Applications Manager (Advanced Professional Temp Fixed Term)
Police Senior Project Manager Advanced Professional Temp Fixed Term
All Fixed Term positions in any of the classifications above
SRMMEA MOU - Exhibit C
San Rafael Mid -Management Association
Salary & Equity Adjustments (2024-2027)
The City shall provide the following salary and equity adjustments increases for the listed positions in
each year of the MOU, with Year I salary increases to become effective July 1, 2024; or, on the first pay
period after Council's approval -whichever occurs later in time:
YOI
C&U � J.1 To";tip
Year 2
-COLANi Equa MORotas '.%,
1 - % I Aso
YWr3
COLA 1% 1 EaLwy (% I
I Total
3 -Y)
200
3 CPO W
4.00
C7'r
vsa
6.00
3 00
1 zc
1 460
3 00
ALOO
Ei! Orant Cmanev
300
.01,
4.00
M
400
300
.1
tt,
4.00-
C__C,
.:LtN
Hcu%na Uawe,
360
6.00
1100
,so
--s- -
�,X
2 T,
4.00
CA.,
Pj;ynrvl k
g r32
I 2� W
GOPQ
3 00
250
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5.00
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6-00
1300
1 11
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7.00
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7.00
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6.00
1 300
2 _z40
150
TO
2 X
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2 ITJ
6.00
1 300
2 ;C
6.50
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aco
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400
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300
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300
00
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1 or,
1 .0
450
W.
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Ltr3r% I;r--
AssstvUtxary D,Et�
3 7:
3 or!
1 600
i M
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5.00
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6.00
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