HomeMy WebLinkAboutCM-HR Successor Memorandum of Understanding with the Service Employees International Union, Local 1021 (SEIU Local 1021)____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: July 15, 2024
Disposition: Resolution 15331
Agenda Item No: 5.e
Meeting Date: July 15, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office/Human Resources
Prepared by: Angela Robinson Piñon,
Assistant City Manager
Marissa Sanchez, Human
Resources Director
City Manager Approval: ______________
TOPIC: SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH THE SERVICE
EMPLOYEES INTERNATIONAL UNION, LOCAL 1021 (SEIU LOCAL 1021)
SUBJECT: RESOLUTION APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING
PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR THE
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021 (JULY 1, 2024,
THROUGH JUNE 30, 2027)
RECOMMENDATION:
Adopt a resolution approving a successor memorandum of understanding (MOU) pertaining to
compensation and working conditions for the Service Employees International Union, Local 1021 (SEIU
Local 1021) beginning July 1, 2024, and ending June 30, 2027.
BACKGROUND:
The Service Employees International Union, Local 1021 (SEIU Local 1021) represents 146.14 FTE
employees in various City departments. The most recent Memorandum of Understanding (“MOU”) for
SEIU Local 1021 expired on June 30, 2024. Representatives of the City and SEIU Local 1021 have met
in good faith and worked diligently to negotiate the terms of a successor MOU. The City and SEIU Local
1021 signed a total package tentative agreement for a three-year successor MOU effective July 1, 2024,
and SEIU Local 1021 membership ratified the proposal on Thursday, June 27, 2024.
The City’s negotiations were informed by the following:
•Fiscal Sustainability and Predictability
o Revenue Assumptions
o Expenditure Assumptions
o Inflation and recession predictions
•Three-year MOUs
•Recruitment and Retention of Employees
o Vacancy and Attrition Rates
o Hard to fill job classifications
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Compensation of Comparable Agencies as Specified in the Current MOU
• Internal Equity and Compaction
ANALYSIS:
The following section summarizes the terms and significant economic items in the successor MOU
between the City and SEIU Local 1021. In addition to the economic items, some operational items were
addressed in the final agreement.
1. Term of the Agreement: July 1, 2024, through June 30, 2027
2. Salary Increase (Article 3.1.2): All classifications in the bargaining group will receive a 3.0%
general salary increase each year of the MOU. In addition, individual classifications will receive
equity adjustments based on the labor market adjustment agreed to for each position. The total
value of the salary increases applied across the bargaining group is as follows:
a. Year 1: A 3.0% cost of living increase and up to a 9.0% equity adjustment (dependent upon
position) for a total increase of 5.0% to 12.0%
b. Year 2: A 3.0% cost of living increase and up to a 3.0% equity adjustment (dependent upon
position) for a total increase of 4.0% to 6.0%
c. Year 3: A 3.0% cost of living increase and up to a 3.0% equity adjustment (dependent upon
position) for a total increase of 4.0% to 6.0%
The salary schedule included in the attached MOU authorizes the proposed new salary range for
each position.
3. Full Flex Cafeteria Plan (Article 4.2.1): To address rising healthcare costs and improve the City’s
ability to recruit and retain employees and to improve the market position among comparator
agencies, employees will receive an increase in their monthly Flex Dollar Allowance as noted below:
Health Tier Current Increase Effective
Dec 2024
Employee Only $ 853.35 $ 96.65 $ 950.00
Employee +1 dependent $ 1,614.17 $ 285.83 $ 1,900.00
Employee + Family $ 1,768.81 $ 631.19 $ 2,400.00
For the term of this MOU, on December 15, 2025, and December 15, 2026, the flex dollar amount
shall increase up to a maximum of 5%, based on the Kaiser Bay Area premium rate increase. If the
Kaiser Bay Area premium rate increase is between 10%-15%, the City and represented employees
will split the cost of the increase above ten percent (10%) evenly. Should the rate increase exceed
15%, the City and the Association agree to reopen the MOU to negotiate the employer’s contribution
to healthcare. Upon expiration of the MOU, the flex dollar amount increase shall revert to a maximum
of 3%, based on the Kaiser Bay Area premium rate increase.
4. Bilingual Pay (Article 3.5.4): Increases compensation for employees fluent in a language other
than English. Employees who demonstrate proficiency in speaking and writing a language may
receive up to an additional $250.00 monthly.
5. Uniform Allowance (Article 3.5.7): Increases the safety boot allowance from $200 to $400 for
employees required to wear safety boots.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
6. Life Insurance (Article 4.5): Increases the life insurance and Accidental Death & Dismemberment
(AD&D) from $5,000 to $20,000.
7. Non-Economic Items: In addition to the items discussed above, an agreement was reached on
other proposals, which reflect minor changes to existing provisions with no additional cost. Several
of these items relate to the consolidation of the prior SEIU - Child Care Unit MOU into the general
SEIU MOU. The Child Care related changes includes Educational Reimbursement – Child Care
Unit (Article 3.5.2), Hours of Work (Article 6.1), CPR/First Aid Training (Article 6.8.9) and the
Childcare Division Employee Program Discount (Article 6.8.10). The attached MOU includes all the
changes agreed to by the parties. A brief overview of these negotiated MOU sections includes:
• Gender Neutral Language (Throughout MOU): Replaced references to “he,” “she,” “his,” and
“hers” with “they,” “them,” and “their.”
• Change of Shift (Article 3.4.4): Describes the notification process for employees when a
supervisor seeks to change their shift.
• Educational Reimbursement – Child Care Unit (Article 3.5.2): Incorporates existing language
from the prior SEIU agreement for Child Care employees related to educational
reimbursements.
• Eligibility (Article 5.2.1): Employees no longer have to wait until after they have six (6) months
of employment before they can use their accrued vacation leave.
• Holidays – Days Observed (Article 5.3.1): Incorporates side letter recognizing Juneteenth as
a City holiday.
• Bereavement Leave (Article 5.4.3): Updated existing bereavement language to comply with
changes in state law.
• Emergency/Smoke Leave (Article 5.4.10): Clarifies that employees may be assigned to an
alternate worksite in the event the City declares an emergency. It also adds a provision for
emergency leave for employees subject to a residential evacuation.
• Paid Parental Leave (Article 5.4.11): Provides 300 hours of paid parent leave for employees
following the birth or adoption of a child.
• End of Life Care Leave (Article 5.4.12): Provides up to 80 hours of paid leave for an
employee who is providing care to a family member at the end of their life.
• Hours of Work (Article 6.1): Specifies the hours of work for full-time child-care instructors are
thirty-five hours vs. thirty-seven and one-half (37.5) hours for all other full-time represented
employees.
• Consecutive Two-Day Weekends (Article 6.1.1): Updates language to state that employees
that may be scheduled to work a weekend shall be given the option to receive two (2)
consecutive days off.
• CPR/First Aid Training (Article 6.8.9): Incorporates language from the SEIU Child Care MOU
related to CPR and first aid certifications.
• Childcare Division Employee Program Discount (Article 6.8.10): Incorporates language from
the SEIU Child Care MOU to permit child-care employees with children enrolled in a City
program to receive a fifty percent (50%) discount on program fees based on their level of
enrollment.
• Hazardous Materials (Article 6.9.1): Clarifies responsibilities for streets, park maintenance
and facilities employees.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
FISCAL IMPACT:
The current total annual salary and benefit cost for the 146.14 FTE employees of SEIU Local 1021 is
$18,739,417. The additional ongoing incremental cost of the successor MOU is:
Incremental
FY 2024-25
Incremental
FY 2025-26
Incremental
FY 2026-27
Wages:
Salary $732,869 $522,759 $547,014
Other Costs:
Pension* $305,740 $220,485 $230,700
Taxes (Medicare, WC) $33,973 $25,749 $26,885
Benefits $567,628 $140,967 $147,723
Total Annual Incremental Costs: $1,640,210 $909,960 $952,322
Total Over Term of Contract $4,920,630 $1,819,920 $952,322
$7,692,872
*This incremental pension cost results only from the negotiated wage increase and does not include the cost of
associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged.
Over the term of the agreement, the contract costs are $7,692,872 with an effective date of July 1, 2024.
The increase in compensation included in this resolution is being reflected in the City’s FY 2024-25
budget and updated budget projections.
OPTIONS:
The City Council has the following options to consider in this matter:
• Adopt the resolution.
• Adopt resolution with modifications.
• Direct staff to return with more information.
• Take no action.
RECOMMENDED ACTION:
Adopt a resolution approving a successor memorandum of understanding (MOU) pertaining to
compensation and working conditions for the Service Employees International Union, Local 1021 (SEIU
Local 1021) beginning July 1, 2024, and ending June 30, 2027.
ATTACHMENTS:
1. Resolution with attached MOU between the City of San Rafael and the Service Employees
International Union, Local 1021 (SEIU Local 1021) for July 1, 2024, to June 30, 2027 (and all
exhibits)
2. Draft MOU with tracked changes
RESOLUTION NO. 15331
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 1021 (SEIU LOCAL 1021) PERTAINING TO COMPENSATION AND
WORKING CONDITIONS (JULY 1, 2024 THROUGH JUNE 30, 2027)
WHEREAS, the City of San Rafael and representatives of SEIU Local 1021 have met and
conferred in good faith with regard to wages, hours and working conditions in accordance with
the provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding (“MOU”) pertaining to the three-year period from
July 1, 2024, through June 30, 2027, has been ratified by SEIU Local 1021 members.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
Section 1: From and after the date of adoption of this Resolution, the
City of San Rafael and the Service Employees International Union, Local
1021 (SEIU Local 1021) shall utilize the MOU for the period beginning July
1, 2024, attached hereto, as the official document of reference respecting
compensation and working conditions for employees represented by SEIU
Local 1021.
Section 2: The schedules describing classes of positions and salary
ranges are attached to said MOU and, together with the MOU itself, are
hereby adopted and shall be attached hereto and incorporated in full.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of the City of
San Rafael, held on the 15th of July 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Councilmembers: Bushey, Kertz & Mayor Kate
Councilmembers: None
Councilmembers: Hill & Llorens Gulati
Lindsay Lara, City Clerk
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SEIU Local 1021
JULY 1, 2024 - JUNE 30, 2027
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SEIU 2024-2027
Table of Contents
1 GENERAL PROVISIONS ....................................................................................................... 5
1.1 INTRODUCTION ............................................................................................................................... 5
1.1.1 Scope of Agreement .................................................................................................................... 5
1.1.2 Term of MOU ............................................................................................................................... 5
1.2 RECOGNITION ................................................................................................................................ 5
1.2.1 Bargaining Unit ............................................................................................................................ 5
1.2.2 Notice to Employees .................................................................................................................... 5
1.3 NON-DISCRIMINATION .................................................................................................................... 5
1.3.1 In General .................................................................................................................................... 5
1.3.2 Union Discrimination .................................................................................................................... 6
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING ....................................................................... 6
1.5 EXISTING LAWS, REGULATIONS & POLICIES .................................................................................... 6
1.6 STRIKES & LOCKOUTS ................................................................................................................... 6
1.7 SEVERABILITY ............................................................................................................................... 6
1.8 PREVAILING RIGHTS ....................................................................................................................... 6
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER ............................................................................. 6
1.9.1 Understanding ............................................................................................................................. 6
1.9.2 Waiver & Modification .................................................................................................................. 6
2 MMBA ......................................................................................................................................... 7
2.1 UNION RIGHTS ............................................................................................................................... 7
2.1.1 Union Stewards Designation ....................................................................................................... 7
2.1.2 Bulletin Boards ............................................................................................................................. 7
2.1.3 New Members .............................................................................................................................. 7
2.1.4 Employee Information .................................................................................................................. 7
2.1.5 Union Meeting Space .................................................................................................................. 8
2.1.6 Union Communications ................................................................................................................ 8
2.2 DUES DEDUCTION .......................................................................................................................... 8
2.2.1 Collection of Dues ........................................................................................................................ 8
2.2.2 Dues Collection during Separation from Employment ................................................................. 8
2.2.3 Indemnification ............................................................................................................................. 8
2.3 MANAGEMENT RIGHTS ................................................................................................................... 8
2.4 COMMENCEMENT OF NEGOTIATIONS ............................................................................................... 9
3 COMPENSATION .................................................................................................................. 10
3.1 GENERAL WAGES AND COMPENSATION ........................................................................................ 10
3.1.1 Pay Dates .................................................................................................................................. 10
3.1.2 General Wage Increase ............................................................................................................. 10
3.1.3 Compensation Goal & Definitions .............................................................................................. 11
3.1.4 Compensation Surveys .............................................................................................................. 12
3.1.5 Compensation Plan ................................................................................................................... 12
3.2 STEP INCREASES ......................................................................................................................... 12
3.2.1 Entry Level Step ........................................................................................................................ 12
3.2.2 Consideration for Step Increases .............................................................................................. 12
3.2.3 Temporary Merit Increases ........................................................................................................ 13
3.2.4 Anniversary Date ....................................................................................................................... 13
3.2.5 Promotions ................................................................................................................................. 13
3.2.6 Performance Evaluations ........................................................................................................... 13
3.3 SALARY CHANGE ON RECLASSIFICATION ...................................................................................... 13
3.3.1 To a Lower Classification ........................................................................................................... 13
3.3.2 To a Different Classification with the Same Salary Range ........................................................ 13
3.3.3 To a Higher Classification .......................................................................................................... 14
3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS ........................................................................ 14
3.4.1 Out of Class Compensation ....................................................................................................... 14
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SEIU 2024-2027
3.4.2 Shift Differential Pay .................................................................................................................. 14
3.4.3 Court Pay ................................................................................................................................... 15
3.4.4 Change of Shift .......................................................................................................................... 15
3.5 ADDITIONAL PAY ......................................................................................................................... 15
3.5.1 Educational Reimbursement – Miscellaneous Unit ................................................................... 15
3.5.2 Educational Reimbursement – Child Care Unit ......................................................................... 15
3.5.3 Educational Reimbursement – Supervisory Unit ....................................................................... 16
3.5.4 Bilingual Pay .............................................................................................................................. 16
3.5.5 Garage Employees Uniform Maintenance Program .................................................................. 17
3.5.6 Sewer Employees Uniform Maintenance Program ................................................................... 17
3.5.7 Uniform Allowance ..................................................................................................................... 17
3.5.8 Uniform Jacket Cleaning Allowance .......................................................................................... 18
3.5.9 Mechanical Tool Allowance ....................................................................................................... 18
3.5.10 Holiday Pay ................................................................................................................................ 18
4 BENEFITS ............................................................................................................................... 18
4.1 EMPLOYEE BENEFITS COMMITTEE ................................................................................................ 18
4.2 HEALTH & WELFARE .................................................................................................................... 19
4.2.1 Full Flex Cafeteria Plan ............................................................................................................. 19
4.2.2 Retirees Health Insurance ......................................................................................................... 20
4.2.3 Health and Dependent Care Spending Accounts ...................................................................... 21
4.2.4 Health Insurance Providers ....................................................................................................... 21
4.3 DENTAL PLAN .............................................................................................................................. 21
4.4 VISION CARE PLAN ...................................................................................................................... 22
4.5 LIFE INSURANCE .......................................................................................................................... 22
4.6 LONG TERM DISABILITY INSURANCE ............................................................................................. 22
4.7 RETIREMENT CONTRIBUTION ........................................................................................................ 22
4.7.1 City Paid Employee Retirement (City Paid Member Contribution) ............................................ 22
4.7.2 Retirement Plans ....................................................................................................................... 22
4.7.3 Member Cost of Living Rates .................................................................................................... 23
4.8 STATE DISABILITY INSURANCE (SDI) ............................................................................................ 23
5 LEAVES ..................................................................................................................................... 23
5.1 SICK LEAVE ................................................................................................................................. 23
5.1.1 Eligibility ..................................................................................................................................... 23
5.1.2 Sick Leave Accrual .................................................................................................................... 24
5.1.3 Use of Sick Leave ...................................................................................................................... 24
5.1.4 Advance of Sick Leave .............................................................................................................. 24
5.1.5 Service Credit for Sick Leave .................................................................................................... 24
5.1.6 Compensation for Unused Portion ............................................................................................ 24
5.2 VACATION LEAVE......................................................................................................................... 25
5.2.1 Eligibility ..................................................................................................................................... 25
5.2.2 Rate of Accrual .......................................................................................................................... 25
5.2.3 Administration of Vacation Leave .............................................................................................. 25
5.3 HOLIDAYS .................................................................................................................................... 26
5.3.1 Paid Holidays ............................................................................................................................. 26
5.4 OTHER LEAVE ............................................................................................................................. 27
5.4.1 Personal Leave – Supervisory Unit ........................................................................................... 27
5.4.2 Safety Holiday ............................................................................................................................ 27
5.4.3 Bereavement Leave ................................................................................................................... 27
5.4.4 Jury Duty .................................................................................................................................... 27
5.4.5 Military Leave ............................................................................................................................. 28
5.4.6 Leave of Absence Without Pay ................................................................................................. 28
5.4.7 Industrial Injury Leave ................................................................................................................ 28
5.4.8 Family Medical Leave ................................................................................................................ 28
5.4.9 Catastrophic Leave .................................................................................................................... 28
5.4.10 Emergency/Smoke Leave .......................................................................................................... 29
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SEIU 2024-2027
5.4.11 Paid Parental Leave .................................................................................................................. 29
5.4.12 End of Life Care Leave .............................................................................................................. 30
6 TERMS & CONDITIONS OF EMPLOYMENT ................................................................. 31
6.1 HOURS OF WORK ......................................................................................................................... 31
6.2 OVERTIME ................................................................................................................................... 31
6.3 COMPENSATORY TIME POLICY ..................................................................................................... 32
6.3.1 Accrual Limit .............................................................................................................................. 32
6.3.2 Overtime Rate ............................................................................................................................ 32
6.4 STAND BY OR CALL BACK DUTY .................................................................................................. 32
6.4.1 Compensation When Assigned to Standby Duty – All Departments except Sanitation ............ 32
6.4.2 Compensation When Assigned to Standby Duty – Sanitation Department .............................. 32
6.4.3 Compensation When Not Assigned to Call Back Duty .............................................................. 33
6.4.4 Minimum Payment for Call Out .................................................................................................. 33
6.4.5 Standby Residency and Cell Phones ........................................................................................ 33
6.5 DOT AND CLASS B REQUIREMENTS ............................................................................................. 33
6.6 PROBATIONARY PERIOD .................................................................................................................... 34
6.6.1 Purpose of Probation ................................................................................................................... 34
6.6.2 Length of Probationary Period ..................................................................................................... 34
6.6.3 Rejection During Probation .......................................................................................................... 34
6.6.4 Notification of Rejection ............................................................................................................... 34
6.6.5 Extension of Probationary Period ................................................................................................ 35
6.6.6 Regular Status ............................................................................................................................. 35
6.6.7 Promotion of Probationary Employee .......................................................................................... 35
6.6.8 Unsuccessful Passage of Promotional Probation ....................................................................... 35
6.6.9 Lateral Transfer Probation ........................................................................................................... 35
6.7 TRANSFERS / REASSIGNMENTS ........................................................................................................... 35
6.7.1 Types of Transfers ....................................................................................................................... 35
6.7.2 Minimum Qualifications & Probation ............................................................................................ 36
6.7.3 Transfer Procedures .................................................................................................................... 36
6.8 PERSONNEL RULES & REGULATIONS ................................................................................................. 36
6.8.1 Drug & Alcohol Policy .................................................................................................................. 36
6.8.2 Confidential Nature of Personnel Records .................................................................................. 36
6.8.3 Confidential Nature of Medical Records ...................................................................................... 36
6.8.4 Outside Employment Policy ......................................................................................................... 36
6.8.5 Use of City Vehicle ...................................................................................................................... 36
6.8.6 Wireless Communication Policy .................................................................................................. 37
6.8.7 Safety Policy ................................................................................................................................ 37
6.8.8 Materials Relating to Disciplinary Action ..................................................................................... 37
6.8.9 CPR / First Aid Training ............................................................................................................... 37
6.8.10 Childcare Division Employee Program Discount ....................................................................... 37
6.9 MISCELLANEOUS ................................................................................................................................ 37
6.9.1 Hazardous Materials .................................................................................................................... 37
6.9.2 Gratuities / Solicitation of Contributions ....................................................................................... 38
6.9.3 Return of City Equipment............................................................................................................. 38
6.9.4 Political Activity ............................................................................................................................ 38
6.9.5 Employment of Relatives ............................................................................................................. 38
6.9.6 Labor / Management Meetings .................................................................................................. 38
6.9.7 Contract Orientation Work Sessions ......................................................................................... 38
6.9.8 Temp Seasonal Employees ....................................................................................................... 38
6.9.9 Gym Reimbursement ................................................................................................................. 39
7 PROCEDURES ....................................................................................................................... 39
7.1 DEMOTION & SUSPENSION ........................................................................................................... 39
7.1.1 Demotion .................................................................................................................................... 39
7.1.2 Suspension ................................................................................................................................ 39
7.2 TERMINATION OF EMPLOYMENT .................................................................................................... 39
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SEIU 2024-2027
7.2.1 Resignation ................................................................................................................................ 39
7.2.2 Termination - Layoff (Lack of work or funds) ............................................................................. 39
7.2.3 Termination - Disciplinary Action ............................................................................................... 39
7.2.4 Retirement ................................................................................................................................. 39
7.2.5 Job Abandonment ...................................................................................................................... 39
7.3 DISCIPLINARY ACTION .................................................................................................................. 40
7.3.1 Right to Discipline & Discharge ................................................................................................. 40
7.3.2 Preliminary Notice ...................................................................................................................... 40
7.3.3 Disciplinary Action and Appeal .................................................................................................. 41
7.3.4 Harassment Policy ..................................................................................................................... 41
7.4 GRIEVANCE PROCEDURE ............................................................................................................. 41
7.4.1 Definition .................................................................................................................................... 41
7.4.2 Procedure .................................................................................................................................. 41
7.4.3 Arbitration................................................................................................................................... 42
7.4.4 General Provisions .................................................................................................................... 43
7.5 POSITION RECLASSIFICATION ....................................................................................................... 43
7.6 FURLOUGH PROGRAM .................................................................................................................. 43
7.6.1 Voluntary Time Off (VTO) .......................................................................................................... 43
7.6.2 Mandatory Time Off (MTO) ........................................................................................................ 44
7.7 REDUCTION IN FORCE .................................................................................................................. 44
7.7.1 Authority ..................................................................................................................................... 44
7.7.2 Notice ......................................................................................................................................... 45
7.7.3 Order of Layoff ........................................................................................................................... 45
7.7.4 Seniority ..................................................................................................................................... 45
7.7.5 Bumping Rights ......................................................................................................................... 45
7.7.6 Transfer Rights .......................................................................................................................... 45
7.7.7 Layoff Procedure Notification..................................................................................................... 45
7.8 RE-EMPLOYMENT ........................................................................................................................ 45
7.8.1 General Guidelines .................................................................................................................... 46
7.8.2 Right to Re-Employment ............................................................................................................ 46
7.8.3 Time Limits................................................................................................................................. 46
7.8.4 Availability .................................................................................................................................. 46
7.8.5 Probationary Status ................................................................................................................... 46
7.8.6 Restoration of Benefits .............................................................................................................. 46
LIST OF EXHIBITS
Exhibit A Salary Schedule for July 1, 2024 – June 30, 2027
Exhibit B Benchmarks and Internal Relationships Table
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SEIU 2024-2027
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SEIU LOCAL 1021
This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500,
et seq. of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment for the employees in said representation unit, and have freely
exchanged information, opinions and proposals and have reached agreement on all matters
relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the City of San
Rafael as the joint recommendation of the undersigned parties for salary and employee benefit
adjustments for the period commencing July 1, 2024 and ending June 30, 2027. When ratified
by the Local 1021 Bargaining Unit membership and approved by City Council, this
Memorandum of Understanding shall be binding upon the SEIU Local 1021, the employees it
represents, and the City of San Rafael.
1 GENERAL PROVISIONS
1.1 INTRODUCTION
1.1.1 Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed
upon by the designated bargaining representatives of the City of San Rafael (herein-after called
"CITY") and SEIU 1021 (herein-after called "UNION") and shall apply to all employees of the
City working in the classifications and bargaining unit set forth herein.
1.1.2 Term of MOU
This agreement shall be in effect from July 1, 2024 through June 30, 2027
1.2 RECOGNITION
1.2.1 Bargaining Unit
City hereby recognizes Union as bargaining representative for purpose of establishing salaries,
hours, fringe benefits and working conditions for all employees within the Miscellaneous and
Supervisory Bargaining Units. (As referenced in Exhibit "A" attached).
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 Union 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 race, color, age, religion, ancestry, national origin, sex, sexual
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SEIU 2024-2027
orientation, perceived sexual orientation, gender, gender expression, gender identity, marital
status, medical condition (cancer-related or genetic characteristics), genetic information
(including family medical history) or physical or mental disability. Any employee alleging such
discrimination should use the internal, administrative process explained in the City of San
Rafael’s Policy against Harassment, Discrimination and Retaliation to redress the situation.
Such employees shall be entitled to Union representation.
1.3.2 Union Discrimination
No member, official, or representative of the Union 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 Union.
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Union agree to keep duplicate originals of this Memorandum on file in a
readily accessible location available for inspection by any employee or member of the public
upon request.
1.5 EXISTING LAWS, REGULATIONS & POLICIES
This agreement is subject to all applicable laws of the State of California, ordinances,
regulations, and policies of the City of San Rafael.
1.6 STRIKES & LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out employees, and the
Union agrees that it will not agree to, encourage or approve any strike or slowdown growing out
of any dispute relating to the terms of this Agreement. The Union will take whatever lawful
steps are necessary to prevent any interruption of work in violation of this Agreement,
recognizing with the City that all matters of controversy within the scope of this Agreement shall
be settled by established procedures set forth in the City's charter, ordinances, and regulations,
as may be amended from time to time.
1.7 SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation
of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of
any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not
be affected thereby, and the parties shall, if possible, enter into meet-and-confer sessions for
the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or
section.
1.8 PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted
through rules, regulation, ordinance or resolution, which are not specifically superseded by this
Memorandum of Understanding, shall remain in full force and effect throughout the term of this
Agreement.
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1 Understanding
The parties jointly represent to the City Council that this Memorandum of Understanding sets
forth the full and entire understanding of the parties regarding the matters set forth herein.
1.9.2 Waiver & Modification
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Except as specifically otherwise provided herein, it is agreed and understood that each party
hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be
required to meet and confer with respect to any subject or matter covered herein, nor as to
wages or fringe benefits during the period of the term of this Memorandum.
The foregoing shall not preclude the parties hereto from meeting and conferring at any time
during the term of this Agreement with respect to any subject matter within the scope of meeting
and conferring by mutual agreement.
2 MMBA
2.1 UNION RIGHTS
2.1.1 Union Stewards Designation
The Union shall, by written notice to the City Manager, designate certain of its members as
Union Stewards. Union Stewards shall be permitted reasonable time for Union activities
including grievance representation. In all cases, the Stewards shall secure permission from the
Stewards’ supervisor before leaving a work assignment. Such permission shall not be
unreasonably withheld.
Union Stewards for salary discussions shall be in accordance with the Meyers-Milias-Brown
(MMBA) Act.
2.1.2 Bulletin Boards
Authorized representatives of the Union shall be allowed to post Union notices on specified
bulletin boards maintained on City premises.
2.1.3 New Members
Whenever the City hires an employee within any classification covered by this Memorandum of
Understanding and represented by the Union, the City will inform the employee, as soon as
possible, of the terms and provisions of this Memorandum of Understanding and will provide
said employee with a copy of the current Memorandum of Understanding. The City shall make
available up to forty-five (45) minutes, at a mutually agreeable time within thirty (30) days of the
City’s notice of a new employee to the Union for a new employee orientation by the Union. The
City and the Union intend that time (i.e., up to 45 minutes) will occur at employee orientation
whenever possible.
The City will provide reasonable advance notice to the Union of employee orientations
conducted by the City. The Union Representative shall receive not less than 10 days' notice in
advance of a City orientation, except that a shorter notice may be provided in a specific instance
where there is an urgent need critical to the City’s operations that was not reasonably
foreseeable. The structure, time, and manner of Union Representative access shall be
determined through mutual agreement between the City and the Union.
If the City has not conducted an in-person new employee orientation within 30 days of a newly
hired employee's start date, and the new employee is working in person, the Union
Representative shall be entitled to schedule an in-person meeting at the worksite during
employment hours, during which newly hired employees shall have the opportunity to attend
and shall be relieved of other duties for the purpose of attending the meeting.
2.1.4 Employee Information
The City shall provide the Union with the name, job title, department, work location, work, home
and personal cell phone numbers, home address,personal email address hire date and pay rate
on file with the City for all employees within the Union every 120 days. In addition, a report with
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similar information of each Union new hire will be provided to the Union within 30 days of the
hire date.
If the City updates its human resources management system, then the City will notify SEIU
within 30-days of transferring to the new system of any additional reports that can be run from
the system. After the City provides SEIU with this notice, then either Party may request to open
this section for further negotiations.
2.1.5 Union Meeting Space
Upon Union's request, the City shall provide meeting space outside working hours, provided
such space is available and Union complies with all departmental rules and City policies.
Request for use of facilities may be made in advance to the Department Head, or designee, and
will indicate the date, time, and general purpose of the meeting and facilities needed.
2.1.6 Union Communications
The City’s communication infrastructure (e.g. City email, postal mail, phone, or online
messaging service) may be used for communication between bargaining unit members and
Union Representatives. The Union understands that the management of the communication
infrastructure is a matter within the discretion of the City. Union Representatives acknowledge
they must adhere to all City computer use and privacy policies.
2.2 DUES DEDUCTION
2.2.1 Collection of Dues
City agrees to deduct dues and voluntary union deductions selected by members, as
established by the Union, from the salaries of its members. The sums so withheld shall be
remitted by City, without delay, along with a list of employees and their respective dues and
voluntary deductions. Union bears responsibility for allocating dues and voluntary deductions
pursuant to employees’ requests.
2.2.2 Dues Collection during Separation from Employment
The provisions specified above (Section 2.2.1.) shall not apply during periods of separation from
the 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 Union at the address
specified. The Union 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 Union shall refund to the City any amount
paid to it in error upon presentation of supporting evidence.
2.3 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, all rights of management
which have not been expressly abridged by specific provision of this Memorandum of
Understanding or by law to manage the City, as such rights existed prior to the execution of this
Memorandum of Understanding. The sole and exclusive rights of management, as they are not
abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
1.To manage the City generally and to determine the issues of policy;
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2.To determine the existence of facts which are the basis of the management decision;
3.To determine the necessity of any organization or any service or activity conducted by
the City and expand or diminish services;
4.To determine the nature, manner, means, technology and extent of services to be
provided to the public;
5.Methods of financing;
6.Types of equipment or technology to be used;
7.To determine and/or change the facilities, methods, technology, means and size of the
work force by which the City operations are to be conducted;
8.To determine and change the number of locations, re-locations and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to, the right (after effect bargaining) to contract for or subcontract any work or
operation of the City;
9.To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments;
10.To relieve employees from duties for lack of work or other legitimate reasons;
11.To discharge, suspend, demote or otherwise discipline employees for proper cause in
accordance with the provisions and procedures set forth in City Personnel Rules and
Regulations and this MOU;
12.To determine job classifications and to reclassify employees;
13.To hire, transfer, promote and demote employees in accordance with this Memorandum
of Understanding and the City's Rules and Regulations;
14.To determine policies, procedures and standards for selection, training and promotion of
employees;
15.To establish and modify employee and organizational performance and productivity
standards and programs including but not limited to, quality and quantity standards; and
to require compliance therewith;
16.To maintain order and efficiency in its facilities and operations;
17.To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement;
18.To take any and all necessary action to carry out the mission of the City in emergencies.
The City and the Union agree and understand that if, in the exercise of any of the rights set forth
above, the effect of said exercise of rights by the City impacts an area within the scope of
representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts,
and/or Federal law, the City shall have the duty to meet and confer with the Union 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 Union through the submittal of potential meeting
dates.
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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 payday falls on a holiday, 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 the distributing 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) for all classifications except Child
Care Instructor I and II. 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 Appendix 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 annual number of work hours per year for the classifications of Child Care Instructor I and II
shall be 1,820 hours per year (35 hours per week times 52 week per year equals 1,820 hours).
Each semi-monthly pay period is calculated at 75.53 hours (1,820 hours divided by 24 pay
periods). The hourly rate of pay is calculated by multiplying the monthly rate of pay identified in
Appendix A times 12 months to equal the annual rate of pay, divided by 1,820 hours in a work
year, to equal the hourly rate of pay.
The City will modify its pay schedule 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 increases at the following rates by benchmark in each
year of the MOU:
Accounting Assistant II
•Effective July 1, 2024, a 3.0% general salary increase plus 2.0% equity adjustment
(a 5.0% total wage increase).
•Effective July 1, 2025, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase).
•Effective July 1, 2026, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase).
Administrative Assistant II
•Effective July 1, 2024, a 3.0% general salary increase plus 2.0% equity adjustment
(a 5.0% total wage increase).
•Effective July 1, 2025, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase).
•Effective July 1, 2026, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase).
Associate Planner
•Effective July 1, 2024, a 3.0% general salary increase plus 2.0% equity adjustment
(a 5.0% total wage increase).
•Effective July 1, 2025, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase).
•Effective July 1, 2026, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase).
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Library Assistant II
•Effective July 1, 2024, a 3.0% general salary increase plus 9.0% equity adjustment
(a 12.0% total wage increase).
•Effective July 1, 2025, a 3.0% general salary increase plus 3.0% equity adjustment
(a 6.0% total wage increase).
•Effective July 1, 2026, a 3.0% general salary increase plus 3.0% equity adjustment
(a 6.0% total wage increase).
Parking Enforcement Officer
•Effective July 1, 2024, a 3.0% general salary increase plus 2.0% equity adjustment
(a 5.0% total wage increase).
•Effective July 1, 2025, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase).
•Effective July 1, 2026, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase).
Street Maintenance Supervisor
Effective July 1, 2024, a 3.0% general salary increase plus 2. 0% equity adjustment
(a 5.0% total wage increase).
Effective July 1, 2025, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase).
Effective July 1, 2026, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase)
Child Care Director, Child Care Instructor I/II
Effective July 1, 2024, a 3.0% general salary increase plus 9.0% equity adjustment
(a 12.0% total wage increase).
Effective July 1, 2025, a 3.0% general salary increase plus 3.0% equity adjustment
(a 6.0% total wage increase).
Effective July 1, 2026, a 3.0% general salary increase plus 3.0% equity adjustment
(a 6.0% total wage increase)
The parties agree to reopen negotiations during the term of the MOU to continue to
discuss appropriate adjustments for the Child Care Director benchmark. COLA and
Equity adjustments for this benchmark shall not preclude further wage adjustments.
The parties acknowledge that future compensation adjustments will also be based on
Council approval of any side letter to the MOU in open session and based on
Council’s approval of any additional rate increases to the Childcare Program to
ensure that it is funded.
For all other classifications that are not linked to benchmark positions
Effective July 1, 2024, a 3.0% general salary increase plus 2. 0% equity adjustment
(a 5.0% total wage increase).
Effective July 1, 2025, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase).
Effective July 1, 2026, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase)
3.1.3 Compensation Goal & Definitions
It is the goal of the City to try to achieve a total compensation package for all employees
represented by the Union in an amount equal to the following:
1.The average plus one dollar to the total compensation paid to the same or similar
classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San Leandro,
South San Francisco, Alameda, Napa, Novato and Santa Rosa; and,
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2.The highest total compensation paid to the same or similar classifications in the following
agencies in Marin County: 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 toward insurance premiums for health, life, long term
disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.
3.1.4 Compensation Surveys
To measure progress towards the above-stated goal, the City and the Union will jointly survey
the identified benchmark positions, which are identified in the SEIU 1021 Represented
Benchmarks and Internal Relationships Table attached as Exhibit "B" and included as part of
this MOU, in January of the final year of this Agreement.
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 Union 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 Consideration for Step Increases
An employee may be considered for a salary step increase in accordance with the time interval
established in the salary plan as referenced in Exhibit "A". Unless otherwise noted, salary step
increases within established salary ranges are scheduled at yearly intervals. Advancement to a
higher salary step within an established salary range is granted for continued improvements and
efficient and effective work by the employee in the performance of their duties.
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3.2.3 Temporary Merit Increases
Temporary merit performance increases of five percent (5%) may be granted to an employee for
temporary work performed beyond their current classification 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
temporary merit increase may be withdrawn and is not a disciplinary action and is not
appealable.
3.2.4 Anniversary Date
Based upon job performance, as measured by a Performance Evaluation, employees may
receive consideration for a step increase within their salary range on their anniversary date.
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).
3.2.6 Performance Evaluations
Upon completion of the probationary period, a performance evaluation shall be prepared and
reviewed on or before the anniversary date and yearly thereafter as a means of determining
whether a step increase is merited, and/or as a means of improving employee performance and
communication between supervisors and subordinates.
Employees who receive a satisfactory or above rating on their performance evaluation shall
receive a step increase. In the event the performance evaluation occurs after the anniversary
date and the evaluation is rated satisfactory or above, the step increase shall be retroactive to
the anniversary date.
If a performance evaluation is past due by more than 60 days the City shall process a Personnel
Action Report (PAR) moving the employee to the next step in the salary range provided the
Department Director provides a written statement to the Human Resources Director indicating
that the employee’s performance is satisfactory or above. The Human Resources Director will
work with the employee’s supervisor to have a performance evaluation completed as soon as
possible.
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
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
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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.
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, she/he is 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 supervisor to perform work in a higher paid classification,
shall be compensated at a rate 5% greater than the employee's current base salary. Eligibility
for out-of-class compensation requires a minimum assignment of five (5) consecutive days. The
out-of-class increase shall be retroactive to the first day of the assignment However, when an
employee is moving from a nonlead/supervisory to a lead/supervisory role, the out-of-class pay
becomes effective on the first day of the assignment and the five (5) day minimum requirement
does not apply. 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. The Department Director is required to complete a Personnel Action Report (PAR),
located on the HR page of the Intranet, to initiate out-of-class compensation.
In the event a Parking Enforcement Officer is assigned “field training” duties, the City shall
consider this as “out of class” work and the assigned Parking Enforcement Officer will receive
5% of their current pay as compensation for the hours worked in this assignment.
3.4.2 Shift Differential Pay
a.A three percent (3%) shift differential shall be paid for all employees in the
represented bargaining group who are regularly scheduled to work fifty percent
(50%) or more of their shift between the hours of 5:00 p.m. and 11:00 p.m.
b.A five percent (5%) shift differential shall be paid for all employees in the represented
bargaining group who are regularly scheduled to work fifty percent (50%) or more of
their shift between the hours of 11:00 p.m. and 7:00 a.m.
c.Employees in job classes not identified in this section who are assigned to work the
swing or graveyard shift time periods on a temporary basis and/or on an overtime
basis are excluded from shift differential pay for those time periods.
d.Shift differential shall not be considered an additional percentage on salary for
personnel involved but shall apply only to hours actually worked; e.g., differential
does not apply to sick leave, vacation or compensatory time, but does include
overtime for employees regularly assigned to the swing or graveyard shifts.
e.Childcare Instructor I/IIs covered by this MOU who have a two-hour or more break in
shifts during the same day will receive a .5 hour premium pay for that day.
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3.4.3 Court Pay
Parking Enforcement Officers who are required, in the course and scope of their official
employment, to appear in court or other official hearings other than during their work week
schedule, shall receive a minimum of four hours pay if that appearance is on a scheduled day
off. If a court appearance is required on a scheduled work day, and such appearance
commences one half (1/2) hour after completion of an employee’s shift, then the employee shall
be compensated at the overtime rate for actual time spent, beginning at the conclusion of the
regular shift hours and ending upon their release from the court or hearing office.
3.4.4 Change of Shift
A shift change is defined as a change in the hours of work in a day and/or the days of work in a
week. This section is not to be used to change employee’s schedules or shift in order to avoid
the payment of overtime.
The City shall provide unit members with notice of any changes to their regularly scheduled
shifts prior to the beginning of the work week and not less than 72-hours to when the shift
change is scheduled to occur.
The City is not required to provide the above-described advance notice of a shift change when a
shift change is made in response to an emergency event, including but not limited to an event
that poses immediate danger to live or property or a natural disaster.
In the event that the City is not able to provide notice as described above, then the employee
shall be paid a premium of one and one-half times the regular rate of pay for the hours worked
outside of their regularly scheduled shift.
3.5 ADDITIONAL PAY
3.5.1 Educational Reimbursement – Miscellaneous Unit
The Educational Reimbursement is $200/fiscal year, maximum, with the City's payment not to
exceed 75% of the cost. Educational Reimbursement is available to employees who
satisfactorily (grade of C or better, Pass or Complete) complete a course or courses that are
pre-determined to be job related and/or that will assist the employee to prepare for career
advancement in their field. To be eligible, employees must have completed probation at the time
of the reimbursement, which is made at the end of the semester.
The Educational Reimbursement Program will include reimbursement for professional
membership dues for work-related organizations for employees in the “Administrative” or
"Professional" sections of the Miscellaneous Bargaining Unit. Prior supervisory approval is
necessary to be eligible for reimbursement. The total reimbursable amount remains at
$200/fiscal year.
3.5.2 Educational Reimbursement – Child Care Unit
An Educational Reimbursement Program is available to employees for courses that are: job
related, assist the employee in meeting requirements and/or prepare the employee for career
advancement in the childcare field.
The reimbursement may not exceed 75% for the cost of the course, up to $300 per fiscal year
maximum. The Educational Reimbursement Program also includes an additional reimbursement
of up to $60 per fiscal year for professional membership dues for work-related organizations for
employees.
To be eligible to receive reimbursement under this program the employee must:
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a.submit a written request and receive prior approval from the Recreation
Supervisor for the Childcare Program;
b.be regularly scheduled to work 20 hours or more per week;
c.have completed initial probation before reimbursement is received; and
satisfactorily complete the course.
3.5.3 Educational Reimbursement – Supervisory Unit
The Educational Reimbursement Program is $225 per fiscal year. This reimbursement is
available to employees who have satisfactorily (grade of C or better, Pass or Complete)
completed a course or courses that are predetermined to be job-related and/or that will assist
the employee to prepare for career advancement in their field. To be eligible, employees must
have completed probation at the time of the reimbursement, which is made at the end of the
semester.
The Educational Reimbursement Program will accommodate reimbursement of up to $100 per
fiscal year for professional membership dues for work-related organizations for employees in
the "Administrative", "Professional", or "Library" sections of the Supervisory Bargaining Unit.
Prior supervisory approval is necessary to be eligible for reimbursement. The total reimbursable
amount remains at $225 per fiscal year.
3.5.4 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 to 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.
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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.
3.5.5 Garage Employees Uniform Maintenance Program
Uniform shirts, pants and coveralls will be provided. The City installed laundered facilities on-
site and the maintenance employees of the Garage work units will self-launder their uniforms.
3.5.6 Sewer Employees Uniform Maintenance Program
Uniform shirts, pants and coveralls will be provided and laundered for the maintenance
employees of the Sanitation Department.
3.5.7 Uniform Allowance
Maintenance employees in Parks, Streets, Building Maintenance and Community Services who
must wear uniforms shall receive a uniform allowance in the amount of $157.50 at the
completion of each six (6) months of service ending June 30th and December 31st. A pro-ration
at the rate of $26.25/month may be given with the recommendation of the Department Director
and the approval of the City Manager. Uniforms and gear must be in accordance with the
departmental dress code and safety requirements.
Parking lot attendants and parking maintenance staff will be provided with shirts, hats and
jackets by the City if they are required by the City to wear them.
The Environmental Management Coordinator, the Emergency Management Coordinator,
Parking Maintenance staff and Fire Prevention Inspector I/II employees, if required to wear a
uniform which is not provided by the City, shall receive an annual uniform allowance of $445 per
year, paid in two installments, in June and December.
Parking Enforcement Officers (PEOs) shall receive an annual uniform allowance of $445 per
year, paid in two installments, in June and December. PEOs shall have utility and rain gear
provided by the City.
A safety boot allowance of $400 per Fiscal Year shall be issued to employees in the following
job classifications who shall be required to wear safety boots:
2119 CONSTRUCTION INSPECTOR- SRSD
7224 CUSTODIAN
7120 EMERGENCY MANAGEMENT COORDINATOR
1201 ENVIRONMENTAL MANAGEMENT COORDINATOR
7231 EQUIPMENT SERVICE ATTENDANT
7232 FACILITY REPAIR SUPERVISOR
7291 FACILITY REPAIR WORKER I
7233 FACILITY REPAIR WORKER II
7294 FACILITY REPAIR WORKER III
7108 FIRE PREVENTION INSPECTOR I
7107 FIRE PREVENTION INSPECTOR II
6212 PARKING EQUIPMENT TECHNICIAN
7256 PARK EQUIPMENT MECHANIC
7271 PARKS MAINT. SUPERVISOR
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7236 PARKS MAINTENANCE WORKER I
7238 PARKS MAINTENANCE WORKER II
2123 PARKS LEAD MAINTENANCE WORKER
6208 PARKING ENFORCEMENT OFFICER
7290 PUBLIC WORKS DISPATCHER
7253 PUBLIC WORKS INSPECTOR
7266 SEWER MAINTENANCE WORKER I
7267 SEWER MAINTENANCE WORKER II
2204 SEWER LEAD MAINTENANCE WORKER
7281 SEWERS SUPERVISOR
7269 SHOP & EQUIPMENT SUPERVISOR
7209 STREET MAINTENANCE SUPERVISOR
7250 STREET MAINTENANCE WORKER I
7251 STREET MAINTENANCE WORKER II
7280 STREET LEAD MAINTENANCE WORKER
7288 SUPERVISING VEHICLE EQUIPMENT MECHANIC
7283 SWEEPER OPERATOR
7286 VEHICLE EQUIPMENT MECHANIC I
7287 VEHICLE EQUIPMENT MECHANIC II
3.5.8 Uniform Jacket Cleaning Allowance
Maintenance employees of the Sewer work unit, including the Sewer Maintenance Supervisor,
will receive a work jacket cleaning allowance of $60.00 at the completion of each six (6) months
of service ending June 30th (paid on the June 15th paycheck) and December 31st (paid on the
December 15th paycheck). A pro-ration of $10.00/month may be given with the approval of the
Department Director.
3.5.9 Mechanical Tool Allowance
The City will provide a tool allowance of $400/fiscal year for Vehicle Equipment Mechanics, the
Equipment Service Attendant, the Shop and Equipment Supervisor, and the Parks Mechanic for
tools purchased for use in the course of City work. This tool allowance will be issued during the
month of July. Employees who receive the tool allowance are not eligible to receive
reimbursement for lost or broken tools.
3.5.10 Holiday Pay
Parking Enforcement Officers shall receive holiday pay if a holiday falls on their regular day off.
If the holiday falls on a day which they are scheduled to work, they will be paid for the holiday
automatically. The employee will use additional hours of vacation, comp, float or unpaid leave to
complete their regularly scheduled work day.
4 BENEFITS
4.1 EMPLOYEE BENEFITS COMMITTEE
Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of
benefit programs, cost containment and cost savings options. The Committee shall be made up
of representatives of the SEIU, Western Council of Engineers, Local 1 - Confidential, Police
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Officers Association, Police Mid-Managers Association, Firefighters’ Association, Fire Chief
Officers Association, Mid-Management and Management employees.
4.2 HEALTH & WELFARE
4.2.1 Full Flex Cafeteria Plan
Effective January 1, 2010, the City implemented a Full Flex Cafeteria plan (known as the Flexible
Benefits Plan) for active employees, in accordance with IRS Code Section 125. Active employees
participating in the City’s Full Flex Cafeteria plan shall receive a monthly flex dollar allowance to
purchase benefits under the plan.
Effective July 1, 2024, the monthly flex dollar allowances shall be:
$ 853.35 For employee only:
For employee and one dependent: $ 1,614.17
For employee and two or more dependents:$1,768.81
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
Flex Dollar Increases for this MOU Term
Effective December 15, 2025 and December 15, 2026, the flex dollar allowances shall increase
on the December 15th paycheck up to a maximum of five percent (5.0%) on an annual basis. If
the Kaiser Bay Area premium rate increase is less than five percent (5.0%), the flex dollar
allowance shall only increase the amount of the Kaiser Bay Area premium increase. In the event
that the Kaiser Bay Area premium rate increase for the upcoming calendar year exceeds ten
percent (10%) and is less than fifteen percent (15%), the City and the employee will split the
cost of the increase above ten percent (10%) evenly; each paying 50% of the dollar value of the
increase between 10-15%. In the unlikely event that the Kaiser Bay Area premium rate
increases for the upcoming calendar year in 2026 or 2027 to an amount exceeding fifteen
percent (15%), the City and the Association agree to reopen the MOU to negotiate the
employer’s contribution to healthcare. The parties agree that this provision will sunset upon the
expiration of the MOU.
Upon the expiration of the MOU, the flex dollar allowances shall increase on the December 15th
paycheck 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) Minimum Employer contribution, as determined by CalPERS on an annual
basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution
towards PEMHCA. The monthly flex dollar allowance (including the PEMHCA minimum
contribution) may be used in accordance with the terms of the cafeteria plan to purchase health
benefits.
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Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance
coverage and receive a $300 monthly Opt-Out payment in accordance with the terms of the
cafeteria plan and the Affordable Care Act if the employee complies with the following
conditions:
1)The employee certifies that the employee and all individuals in the employee’s tax family
for whom coverage is waived, have alternative Minimum Essential Coverage as defined
by the Patient Protection and Affordable Care Act through a provider other than a federal
marketplace, a state exchange, or an individual policy.
2)During the City’s annual open enrollment period, the employee must complete an annual
written attestation confirming that the employee and the other members of the
employee’s tax family are enrolled in alternative Minimum Essential Coverage. The
employee agrees to notify the City no later than 30 days if the employee or other
member(s) of the employee’s tax family lose coverage under the alternative Minimum
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 or other legislation or agency
guidance.
Unless a greater benefit is required by law, part-time, regular, permanent employees working at
least 53.3% FTE shall be eligible to receive: a) pro-rated leave benefits; and b) a pro-rated flex
dollar monthly allowance based upon the regular hours the employee works. The pro-rated
share shall be equivalent to the part time employee position’s ratio of hours worked to full time
equivalency.
For those part time employees hired prior to January 1, 2010 electing “Employee Only”
coverage, the flex dollar allowance shall be prorated based off $1,264. The maximum benefit
shall be $700 per month, unless a greater benefit is required by law.
4.2.2 Retirees Health Insurance
Employees represented by SEIU who retire from the Marin County Employees’ Retirement
Association (MCERA) within 120 days of leaving their City of San Rafael position (and who
comply with the appropriate retirement provisions under the MCERA laws and regulations) are
eligible to continue in the City’s retiree group health insurance program offered through
PEMHCA. The City’s contribution towards retiree coverage shall be the PEMHCA minimum
contribution as determined by CalPERS on an annual basis.
a.Employees hired on or before January 1, 2010
The City shall make a monthly retiree health insurance contribution on behalf of
employees hired before January 1, 2010 and who retire from the City of San Rafael
as described in this Section. The City’s total monthly contribution, which includes the
PEMHCA minimum contribution, shall not exceed $752 per month. The City’s retiree
health contribution shall continue for the lifetime of the retiree and retiree’s spouse, in
accordance with PEMHCA eligibility provisions for coverage. Employees receive the
pro-rated amount based on their status at the time of retirement. For example: if an
employee works part-time, and retires while working part-time, then the employee
receives a pro-rated contribution based on the employee’s part-time status at the
point of retirement.
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b.Employees hired on or after January 1, 2010, and who meet the eligibility
requirements for retiree health insurance, are eligible to continue in the City’s group
health insurance program. The City’s maximum contribution towards retiree
coverage under this subsection, 4.2.5b, shall be the PEMHCA minimum contribution
as determined by CalPERS on an annual basis. The City shall not be responsible for
making any contributions towards the cost of coverage of the retiree’s spouse,
registered domestic partner, or dependents upon the employee’s retirement from the
City in excess of the PEMHCA minimum contribution as required by CalPERS.
The City shall additionally make available a retiree health care trust to enable these
employees to prefund retiree health care premiums while employed by the City. The
retiree health care trust shall be funded by annual conversion of 50 hours of sick time
in service on July 1 of each year, provided an employee has a remaining balance of
125 hours of sick leave after the conversion.
4.2.3 Health and Dependent Care Spending Accounts
City will offer Flexible Spending Accounts as part of its Section 125 Plan for as long as such a
plan is desired by the Union 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 Accounts: 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.
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
the 125 Programs to comply with changes in applicable IRS laws without having to go through
the meet and confer process.
4.2.4 Health Insurance Providers
The City shall have the option, after meeting and consulting with representatives of The Union
Stewards’ Council, of either contracting with the Public Employees Retirement System (PERS)
Health Benefits Division for health insurance or contracting directly with some or all of the
providers of health insurance under the PERS program; provided, however, contracting directly
with the providers shall not cause any material reduction in insurance benefits from those
benefits available under the PERS program.
4.3 DENTAL PLAN
The City will provide a dental insurance program which offers 100% coverage for diagnostic and
preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible
costs associated with crown and cast restoration per patient per calendar year and orthodontic
coverage for eligible dependents (50/50). The dental provider will provide payments for covered
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services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each
enrollee in each calendar year.
Dental insurance enrollment is available to part time, regular, permanent employees working at
least 53.3% FTE. The City’s contribution towards the monthly dental insurance premium will be
prorated based on the FTE level of the part time employee.
4.4 VISION CARE PLAN
The City will provide vision care benefits for employee only coverage. Employees may enroll
qualified family members and pay the premium costs for such enrollment.
4.5 LIFE INSURANCE
The City shall be responsible for paying premiums for a life insurance and Accidental Death &
Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a
$20,000 life insurance and a $20,000 AD&D benefit. The City shall also make available a
voluntary life insurance program at employee expense.
4.6 LONG TERM DISABILITY INSURANCE
The City shall be responsible for paying premiums for a Long-Term Disability Policy for each
employee that satisfies the eligibility provisions of the long-term disability policy. The Long-Term
Disability policy shall provide for salary replacement of 66.67% of an individual’s salary up to a
maximum disability benefit of $1,000 per month.
4.7 RETIREMENT CONTRIBUTION
4.7.1 City Paid Employee Retirement (City Paid Member Contribution)
Bargaining unit members shall pay the full share of the employee's contribution to the Marin County
Retirement System.
The City of San Rafael acknowledges that under its current practice, the employee’s share of
their retirement contribution is deducted with pretax dollars. This practice will continue until
changed through the Meet and Confer process or until IRS regulations change.
4.7.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 2.7% at 55-
retirement program to all miscellaneous members, as defined under the 1937 Act Government
Code Section 31676, subject to Marin County Employee Retirement Association procedures
and regulations and applicable 1937 Act laws that govern such plans. This is based on an
employee’s single highest year of compensation.
Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the
formula 2% at 55, calculated based on the average of their highest three years of
compensation, in accordance with MCERA regulations. The annual pension adjustment shall
be a maximum of 2% COLA. Minimum retirement age is 55.
Employees hired by the City on or after January 1, 2013 who are defined as “new members” of
MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall
be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is
responsible for paying the employee contribution of half of the total normal cost of the plan, as
defined by MCERA, through a payroll deduction. Final compensation will be based upon the
highest annual average compensation earnable during the thirty-six (36) consecutive months of
employment immediately preceding the effective date of their retirement or some other period
designated by the retiring employee.
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4.7.3 Member Cost of Living Rates
Bargaining unit members who are eligible to participate in the Marin County Employee
Retirement Association will pay their full share of members’ cost of living rates as allowed under
Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution
rates include both the basic and COLA portions (50% of COLA is charged to members as
defined in the 1937 Act).
4.8 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 time cards 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.
h.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.
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
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of the need for the absence and no later than at the beginning of their daily duties. The City may
request verification from a medical provider from any employee who is absent for three (3) or
more consecutive days.
If an employee has documented sick leave abuse, the employee may be placed on an
attendance management plan, which will require the employee to submit verification from a
medical provider for all future use of sick leave. 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
All eligible full-time employees shall earn sick leave credits at the rate of one (1) working day
per month commencing with the date of employment. Unused sick leave may be accumulated
to any amount but a cap exists for payoff purposes (see Section 5.1.6). The sick leave accrual
rate is prorated for eligible part time employees.
5.1.3 Use of Sick Leave
An employee may use accrued sick leave during their probationary period. An employee
eligible for sick leave with pay shall be granted such leave for the following reasons:
1.Personal illness of the employee or illness within the immediate family (family member
means an employee’s spouse, registered domestic partner, any unmarried child,
including adopted child, a stepchild, or recognized natural child who lives with the
employee in a regular parent-child relationship, parent, including in-laws, and
grandparent), or for any physical incapacity of the employee resulting from causes
beyond the employee’s control; or
2.Enforced quarantine of the employee in accordance with community health regulations;
or
3.Medical appointments that cannot be scheduled during non-working hours.
5.1.4 Advance of Sick Leave
Whenever circumstances require, and with the approval of the City Manager, sick leave may be
taken in advance of accrual up to a maximum determined by the City Manager, provided that
any employee separated from the service who has been granted sick leave that is un-accrued at
the time of such separation shall reimburse the City of all salary paid in connection with such
un-accrued leave.
5.1.5 Service Credit for Sick Leave
Employees who retire from the City of San Rafael within 120 days of leaving City employment
(excludes deferred retirements) shall receive employment service credit for retirement purposes
only for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are
eligible to receive and they elect to receive in compensation for at the time of retirement
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
Upon termination of employment by resignation, retirement or death, a regular employee who
leaves the City service in good standing shall receive compensation for all accumulated unused
sick leave based upon the following formula: a rate of three percent (3%) for each year of
service (i.e., 3% times number of employment service years). The maximum number of
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accumulated, unused sick leave an employee may be compensated for upon termination of
employment is 600 hours. See Section 5.1.5 regarding service credit option for accumulated,
unused sick leave that the employee is not compensated for upon termination.
5.2 VACATION LEAVE
5.2.1 Eligibility
Annual vacation with pay shall be granted each eligible employee. Vacation leave accrual shall
be prorated for those employees working less than full time. Employees will be permitted to use
accrued vacation leave subject to the approval of the Department Director.
5.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full-time employee
(part time regular are prorated) shall accrue vacation at the following rate for continuous service.
Each service year in the chart begins on the first working day and ends on the last day of the
service year:
Service Year Annual Hours
(37.50 Hr)
Hours Per Month
(37.50 Hr)
Annual Hours
(35 Hr)
Hours Per Month
(35 Hr)
1 75.000 hours 6.2500 hours 70.000 hours 5.8333 hours
2 75.000 hours 6.2500 hours 70.000 hours 5.8333 hours
3 75.000 hours 6.2500 hours 70.000 hours 5.8333 hours
4 112.500 hours 9.3750 hours 105.000 hours 8.7500 hours
5 117.867 hours 9.8222 hours 110.250 hours 9.1875 hours
6 123.234 hours 10.2695 hours 115.500 hours 9.6250 hours
7 128.601 hours 10.7167 hours 120.750 hours 10.0625 hours
8 133.968 hours 11.1640 hours 126.000 hours 10.5000 hours
9 139.335 hours 11.6110 hours 131.250 hours 10.9375 hours
10 144.702 hours 12.0580 hours 136.500 hours 11.3750 hours
11 150.000 hours 12.5000 hours 140.000 hours 11.6667 hours
12 157.500 hours 13.1250 hours 147.000 hours 12.2500 hours
13 165.000 hours 13.7500 hours 154.000 hours 12.8333 hours
14 172.500 hours 14.3750 hours 161.000 hours 13.4167 hours
15 180.000 hours 15.0000 hours 168.000 hours 14.0000 hours
16 plus 187.500 hours 15.6250 hours 175.000 hours 14.5833 hours
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.
5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Department Director, may advance
vacation credits to any permanent regular and permanent part-time employee.
No employee may accrue more than 250 hours. Vacation accruals will resume once the
employee’s accumulated vacation balance falls below the allowable cap limit.
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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.
In the event that 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 who terminate their employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the effective date of termination.
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.
5.3 HOLIDAYS
5.3.1 Paid Holidays
In order to be eligible for compensation for the paid holiday, the employee must be in both paid
status on the day before the holiday and the day after the holiday.
All employees who are eligible for compensation for the paid 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 the employee and supervisor, an employee working an
alternative work schedule 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 holidays will be observed:
January 1st New Year’s Day
The third Monday in January Martin Luther King Jr. Day
The third Monday in February Washington’s Birthday
March 31st Cesar Chavez Day
The last Monday in May Memorial Day
July 4th Holiday Independence Day
June 19th Juneteenth
The first Monday in September Labor Day
November 11th Veteran’s Day
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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
provided in January of each year. Floating holidays not used by the end of the calendar year
are added to employee's vacation balance. Part-time employees will be paid for holidays on a
pro-rated basis.
5.4 OTHER LEAVE
5.4.1 Personal Leave – Supervisory Unit
Up to two (2) days of Personal Leave per fiscal year shall be granted to Supervisory Unit
employees, with prior supervisory approval. Employees must submit leave requests two (2)
weeks in advance. Unused Personal Leave does not carry over and cannot be cashed out.
5.4.2 Safety Holiday
A Safety Holiday Incentive Program is established for maintenance employees. Employees will
be placed in one of the following units. The units are: (1) Park Division; (2) Street Division; (3)
Sewer Division; (4) Garage Division; (5) Building Maintenance Division; or (6) Community
Services Custodians. For part-time employees in these units who are eligible for benefits, any
safety holiday will be pro-rated. If all employees of a designated unit complete six (6) months
without a work-related injury or illness resulting in one full day of lost time, a Safety Holiday will
be granted to all employees of that unit, with specific time off granted with prior Supervisory
approval. Note: Multiple days of lost time for the same injury or illness shall be considered as
one incident.
5.4.3 Bereavement Leave
The City recognizes that the death of a family member is a time of grief and stress and will act in
a compassionate matter. In the event of the death of an employee's spouse, child, parent,
sibling, registered domestic partner, grandchild, grandparent, parent in-laws, or relative who
lives or has lived in the home of the employee to such an extent that the relative was considered
a member of the immediate family and/or another individual who has a legal familial relationship
to the employee and resided in the employee's household, up to five (5) days may be granted
for paid bereavement leave per occurrence. All bereavement leave must be exhausted within 3
months of the date of the death of the family member.
In those cases where the death involves an individual who had such a relationship with the
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. No request shall be unreasonably denied, and the City agrees to collaborate with the
employee to find a resolution.
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.
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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 Intranet
(https://intranet.cityofsanrafael.org).
Employees of the City who have suffered any disability arising out of and in the course of their
employment as defined by the Worker's Compensation Insurance and Safety Act of the State of
California are entitled to all benefits allowed them by the Workers’ Compensation Insurance and
Safety Act of the State of California.
Temporary disability payments (TD) are made to all employees (full and part-time) when a
physician reports an employee is unable to perform their job duties due to an industrial injury
and the City cannot accommodate the restrictions mandated by their physician. TD is set by
State law and is approximately two-thirds of full salary with state-mandated minimums and
maximums. For full-time, regular employees, however, the City augments TD payments with
salary continuation as follows: Compensation leave payments shall not exceed the employee's
regular full pay for the first three 3) calendar months and three-fourths (3/4) of the regular full
pay for the following six (6) calendar months.
Sick Leave Usage Post Industrial Injury/Illness:
The following rule applies to employees who have an accepted industrial injury/illness: Available
accrued sick leave cannot be used for more than 60 calendar days after one of the following has
been determined:
a.The employee has reached maximum medical improvement and/or has been
determined “permanent and stationary”,
b.The employee has been determined to be unable to return to their usual and customary
occupation, with or without reasonable accommodation.
Given the above has occurred, next steps would include:
a.The interactive process; attempt to locate other appropriate employment within the City
b.If none available, proceed with termination process, including disability retirement
application and/or Skelly process, if appropriate.
5.4.8 Family Medical Leave
Union members agree to adhere to the provisions of the City’s Family Medical Leave Policy
which is available on the City’s Intranet Website.
5.4.9 Catastrophic Leave
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Catastrophic leave shall be in accordance with the City Catastrophic Leave Policy which is
available on the City’s Intranet website.
5.4.10 Emergency/Smoke Leave
In the event that an emergency is declared that impacts City facilities or operations and results
in the closure of any facilities, employees regularly assigned to work in a closed worksite may
be required to report to a worksite other than their regular worksite to assist in emergency duties
or to a non-impacted worksite for regular duties at the discretion of the City.
If employees are not assigned to a non-impacted worksite or assigned to assist in emergency
duties, they shall be granted leave up to 10 days in any calendar year and compensated for
their regularly scheduled work day with no adverse effect to the employee.
This provision applies to Federal, State, County, or City declared emergencies or to other non-
declared circumstances that result in the closure of City facilities.
For up to 30 days during a required residential evacuation that has resulted from an above-
declared emergency without additional approval from the Department Head, no employee shall
be penalized for their inability to report to their worksite.
Employees who notify their supervisors that they are subject to a required residential evacuation
resulting from a Federal, State, County, or City declared emergency shall not be disciplined for
their inability to report to their worksite for the duration of the required residential evacuation.
5.4.11 Paid Parental Leave
Eligibility:
Effective July 1, 2024 any full time, regular or probationary employee who has been
continuously employed by the City for at least 12 months prior to the start of the leave shall be
eligible for Paid Parental Leave (PPL) to use within 12 months of the following eligible events:
1.Birth of a child of the employee, the employee’s spouse, or the employee’s 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.
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.
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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.
8.Use of this leave constitutes a “compelling personal situation during which time the
employee was unable to work” under Article 6.6.5 of this MOU and the probationary period
for any probationary employee who uses this leave shall be extended for the length of time
the employee was off work using this leave.
Coordination of Benefits & Leaves:
•PPL taken under this 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.
5.4.12 End of Life Care Leave
Eligibility:
Effective July 1, 2024 any full time, regular or probationary employee who has been
continuously employed by the City for at least 12 months prior to the start of the leave shall
be eligible for End of Life Care leave to provide end of life care for an immediate family
member, which shall include an employee’s spouse, registered domestic partner, child,
parent, sibling, 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:
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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.
6.An employee who is eligible for End of Life Care Leave but is on leave for other reasons
cannot use PPL except as described in paragraph 5 above.
7.Use of this leave constitutes a “compelling personal situation during which time the
employee was unable to work” under Article 6.6.5 of this MOU and the probationary period
for any probationary employee who uses this leave shall be extended for the length of time
the employee was off work using this leave.
6 TERMS & CONDITIONS OF EMPLOYMENT
6.1 HOURS OF WORK
Except for full-time Child Care Instructors I/II, the WORK WEEK will reflect thirty-seven and one-
half (37.5) hours for all represented job classes. The WORK WEEK for full-time Child Care
Instructors I/II will reflect thirty-five (35) hours per week. Unless otherwise designated, the
normal business hours for vacation, sick and administrative leave deduction and sick and
administrative leave accrual purposes shall be 7.5 hours per day for 37.50 hour employees and
7.0 hours per day for 35-hour employees. The 37.5-hour work week will begin July 1, 2013, at
which time employees shall return to the work schedule worked prior to implementation of the
37.5-hour (or 35-hour) work week, unless otherwise arranged with the Department Head.
6.1.1 Consecutive Two-Day Weekends
When a library employee who traditionally works Monday-Friday is scheduled to work on a weekend,
the City will provide the option for the employee to receive 2 consecutive days off work during that
same workweek.
6.2 OVERTIME
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Overtime shall mean actual time authorized and worked beyond thirty-seven and one-half (37.5)
hours in a regular work week, or seven and one-half hours (7.5) in one work day or regularly
scheduled shift. A work or duty week shall be defined as seven (7) consecutive calendar days.
Overtime is compensable to the nearest half-hour and must have prior authorization and
approval of the Department Director.
Each Department Director shall have the authority to designate certain job classifications for
mandatory overtime in emergencies. In the event the Department Director determines that
there is a staffing need during an emergency, the Department Director shall first make a
reasonable effort to seek qualified volunteers to work overtime during the emergency. If the
Department Director determines that there are an insufficient number of volunteers, or if time
constraints prevent the soliciting of volunteers, the Department Director may order employees in
the designated classifications (may vary depending on the emergency but primarily relates to
job classifications in the Street Division of Public Works) to report to work in overtime status to
address the emergency.
6.3 COMPENSATORY TIME POLICY
With the Department Director's approval, compensatory time, in lieu of overtime pay, may be
taken subject to the following rules:
6.3.1 Accrual Limit
Employees may accrue up to 115 hours of compensatory time after which said employee must
accept overtime pay in lieu of accruing additional compensatory time.
6.3.2 Overtime Rate
Employees who work overtime may be paid for it at the rate of time and one-half or may accrue
compensatory time at a rate of time and one-half subject to the limitations in Section 6.3.1.
Employees who elect compensatory time must take the time off, preferably within the quarter
during which it was earned, and shall not be paid for it.
6.4 STAND BY OR CALL BACK DUTY
6.4.1 Compensation When Assigned to Standby Duty – All Departments except Sanitation
Miscellaneous and Supervisory employees assigned standby duty on Saturday, Sunday or a
day designated as an authorized holiday by the City Council shall be compensated at the rate of
six (6) hours of their base salary for each day of standby duty. To identify employees eligible for
standby covering holidays, the City and Union acknowledge standby eligibility shall rotate at the
beginning of the work shift each Wednesday.
Weekend duty will start at the end of the last shift of the employee's designated workweek and
will end at the beginning of the first shift of the employee's following designated workweek. On
holidays during the week, duty will start at the end of the employee's designated work shift on
the day before the designated holiday and will end at the beginning of the employee's
designated work shift on the next regular work day, or the employee will receive compensatory
time off on a straight time basis. At the time of accrual, the employee will designate either
salary or compensatory time. Compensatory time off must be approved in accordance with
normal leave request procedures.
6.4.2 Compensation When Assigned to Standby Duty – Sanitation Department
Weekend standby duty shall start at the end of the employee’s shift on Friday and end at the
beginning of the employee’s shift on Monday. Miscellaneous and Supervisory employees
assigned to weekend standby duty shall be compensated at the rate of sixteen (16) hours of
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their base salary (two (2) hours for the end of the employee’s shift on Friday through 11:59 pm
on Friday, six (6) hours for 12 am to 11:59 pm on Saturday, six (6) hours for 12 am to 11:59 pm
on Sunday, and two (2) hours for 12 am on Monday through the start of the employee’s shift on
Monday).
Miscellaneous and Supervisory employees assigned standby duty on a day designated as an
authorized holiday by the City Council shall be compensated at the rate of six (6) hours of their
base salary for each day of holiday standby duty. Any holiday that falls on a day of the week
that is contiguous with a weekend (Friday, Monday or Thanksgiving) will be covered by the
employee on duty for the weekend standby shift. An employee assigned to standby duty for a
weekend that includes one or more holidays will be paid their regular standby pay for the
weekend in addition to their regular standby pay for any holiday assigned.
Standby duty during the week (Monday-Thursday) is normally assigned to the Operations &
Maintenance Manager. If the Operations & Maintenance Manager is unable to cover a work
week (Monday-Thursday) shift, it may be assigned to the Sewers Maintenance Supervisor or
eligible maintenance worker, from the end of their shift until the beginning of the next
operational shift. The employee who is assigned to a work week (Monday-Thursday) shift will
be compensated at the rate of two (2) hours of their base salary.
In lieu of being assigned a commuter vehicle, the Sewers Maintenance Supervisor shall
receive a monthly commuter allowance of $250.00 per pay period.
On holidays during the week (Tuesday-Thursday), standby duty will start at the end of shift on
the day before the designated holiday and will end at the beginning of shift on the next regular
work day. At the time of accrual, the employee will designate either salary or compensatory
time. Compensatory time off must be approved in accordance with normal leave request
procedures. Any holiday that falls on a day which is not contiguous with a weekend will be
assigned to eligible employees on a rotating basis.
6.4.3 Compensation When Not Assigned to Call Back Duty
When an employee not assigned to standby duty is called back to duty, the employee shall
receive compensation for a minimum of four (4) hours.
6.4.4 Minimum Payment for Call Out
Employees on standby duty who are called out and required to work shall be paid a minimum of
two (2) hours at the rate of time and one half, for each time they are called out.
6.4.5 Standby Residency and Cell Phones
The residency requirement for standby personnel shall include those individuals who live within
a sixty (60) minute travel distance from the Corporation Yard. Cell phones shall be provided to
those persons on standby. Standby duty is assigned on a rotating basis.
A Miscellaneous or Supervisory Unit employee within the residency area shall be considered
eligible for standby duty. This includes all holidays that may fall within the assigned standby
duty period.
If an employee is sick or has scheduled time off, standby will move to the next person on the list
that is available and qualified. Determination of whether an employee is qualified is made by
the Supervisor or Operations and Maintenance Manager. It is noted this list was originally
established by knowledge and that new employees are placed at the bottom of the list.
6.5 DOT AND CLASS B REQUIREMENTS
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Employees in the following job classes are covered by this DOT policy and are subject to the
terms and conditions of the City’s DOT Policy:
▪Street Maintenance Worker I/II*
▪Street Maintenance Worker III
▪Street Lead Maintenance Worker
▪Street Maintenance Supervisor
▪Park Equipment Mechanic
▪Parks Lead Maintenance Worker
▪Vehicle Equipment Mechanic I**
▪Vehicle Equipment Mechanic II
▪Equipment Service Attendant
▪Supervising Vehicle Equipment Mechanic
▪Sewer Maintenance Worker I**
▪Sewer Maintenance Worker II
▪Sewer Maintenance Worker III
▪Sewer Maintenance Supervisor
▪Sewer Maintenance Superintendent
* Street Maintenance Worker I/II hired before September 1, 2009 had the option to sign a document stating that
they would obtain a Class B license and thus participate in the DOT program within 6 months from October 1, 2009.
If the employee elects to obtain and maintain a Class B license, they are in the program for the duration of their
employment in the position. If assigned to a Class B task, these employees will receive out of class pay for the day
(s) they were required to drive a Class B vehicle.
** Must obtain Class B license within one year of date of hire and become subject to DOT when license is obtained.
Effective September 1, 2009, employees hired or promoted into a Street Maintenance Worker II
position will be required to possess a Class B license and participate in the DOT Program.
These employees will not receive out of class pay when required to drive a Class B Vehicle.
Street Maintenance Worker I employees can opt in to the DOT program upon appointment if
they possess a Class B license or if they obtain the Class B license on their own.
Class B license is not a requirement for the Park Maintenance Worker I/II classification. Parks
Maintenance Worker I/II employees who possess or obtain a Class B license can opt in to the
DOT program. If an employee opts into the DOT program, they will be covered by the DOT
Policy and are subject to the terms and conditions of the City’s DOT Policy. If enrolled in the
DOT program and assigned to a Class B task, these employees who have the Class B license
will receive out of class pay for the day(s) they were required to drive a Class B vehicle.
6.6 PROBATIONARY PERIOD
6.6.1 Purpose of Probation
After passing an examination and accepting appointment, each employee shall serve a period
of probation beginning on the date of appointment. Such period shall be for the purpose of
determining the employee's ability to perform satisfactorily the duties prescribed for the position.
6.6.2 Length of Probationary Period
The probationary period on original and promotional appointment shall be for one (1) year.
Employees shall receive one written Probationary Evaluation from their immediate supervisor
during the Probationary Period, preferably at the midway point.
6.6.3 Rejection During Probation
During the probationary period an employee may be rejected at any time by the Appointing
Authority without the right of appeal.
6.6.4 Notification of Rejection
On determining that a probationary employee's work is not satisfactory, the Appointing Authority
shall notify the Human Resources Director of their intention to terminate the employee. After
discussion with the Human Resources Director, the Appointing Authority shall notify employee
in writing of the rejection.
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6.6.5 Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness or injury or
compelling personal situation during which time the employee was unable to work. In such
cases, the probationary period may be extended for the length of time the ill or injured employee
was unable to work.
6.6.6 Regular Status
Regular status shall commence with the day following the expiration date of the probationary
period.
6.6.7 Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a higher position
classification provided they are certified from the appropriate Eligible List. The employee
promoted in this manner shall serve a new probationary period for the position to which
employee is promoted and the new probationary period and promotional appointment shall be
effective the same date.
6.6.8 Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass their promotional probationary period shall be
reinstated to the position in which the employee held regular status prior to their promotion.
Provided, however, that if the cause for not passing the promotional probationary period was
sufficient grounds for dismissal, the employee shall be subject to dismissal without
reinstatement to the lower position.
6.6.9 Lateral Transfer Probation
Voluntary transfers to another job classification, within the same salary range, shall require a six
(6)month probationary period. In the event of unsuccessful passage of this period refer to
Section 6.6.8.
6.7 TRANSFERS / REASSIGNMENTS
6.7.1 Types of Transfers
Transfers may be within the same department (intra-departmental) or between departments
(inter-departmental). The requirements for each are as follows:
a. Intra-departmental transfers.
The Appointing Authority shall have the authority to transfer an employee from a
position in one division of a department to a position in the same or similar
classification with the same salary range, in the same division or to another
division of the same department (at any time and for any duration).
b. Inter-departmental transfers.
An employee may transfer from a position in one (1) department to a position in
the same or similar classification in another department, provided the consent of
the two Appointing Authorities and the City Manager is obtained.
c.Voluntary Transfers.
An employee may make a written request for transfer to the Human Resources
Director to a position in the same or similar classification with the same salary
range. Such a transfer may be made on the recommendation of the affected
Department Director(s) and the approval of the City Manager.
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6.7.2 Minimum Qualifications & Probation
Any persons transferred to a different position shall possess the minimum qualifications for the
position.
6.7.3 Transfer Procedures
The City Manager may authorize the transfer of an employee from one position to another of the
same or comparable class of work and where the same general type of examination is given for
entrance to such a position.
Transfers from one department to another department having a different jurisdiction or different
function shall be done only with the consent of the Department Directors involved, unless such a
transfer is ordered by the City Manager for purpose of economy or efficiency.
Any person transferred to a different position shall possess the minimum qualifications for the
position.
Employees who have completed their initial probation may seek voluntary transfers to positions
within the same job class, and/or lower level job classes as long as the employee meets the
minimum qualifications for the position. Employees seeking transfer should submit a completed
application to the Human Resources Department. As vacancies occur, transfer candidates may
receive consideration along with those on the eligibility list.
6.8 PERSONNEL RULES & REGULATIONS
Employees covered by this MOU agree to follow the City’s Personnel Rules and Regulations
located on the City’s Intranet website.
6.8.1 Drug & Alcohol Policy
The City and the Union agree to the non-DOT general drug and alcohol policy. A copy is
available with the City’s policies and on the City’s Intranet website. (Safety sensitive job classes
are covered by the DOT Drug and Alcohol Policy previously agreed to by both parties and
located on the City’s Intranet website).
6.8.2 Confidential Nature of Personnel Records
All personnel records and files and examination materials are confidential. The Human
Resources Director shall take all necessary steps to protect the confidentiality of those
materials. Disclosure of such records shall be governed by the Public Records Act,
Government Code Sections 6250, et. seq. Individual employees may review their official
personnel file maintained by 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.
6.8.3 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.
6.8.4 Outside Employment Policy
Outside Employment shall be in accordance with the City’s Outside Employment Policy which is
available on the City’s Intranet website.
6.8.5 Use of City Vehicle
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Public Works Supervisors, at the direction of the Department Director, will be allowed to take a
City vehicle home in emergency conditions.
6.8.6 Wireless Communication Policy
Union members agree to adhere to the provisions of the City’s Wireless Communication Policy
which is available on the City’s Intranet Website. Upon recommendation of the Department
Director, the City will provide Bluetooth devices to those employees who are required to use
their City cell phone while driving during the course of business.
6.8.7 Safety Policy
The City of San Rafael is committed to providing a safe and healthy place to work. The City
shall furnish safety devices and safeguards and shall adopt and use methods and processes
adequate to ensure that the work place is safe and healthy. Employees are expected to obey
safety rules and make proper use of safety gear and equipment. The City's safety policies and
procedures shall comply with all applicable state laws related to a safe work environment.
6.8.8 Materials Relating to Disciplinary Action
Except for the specific disciplinary matters provided below, reprimands and suspensions of less
than five (5) days in the employee’s personnel file which have been in the file three (3) years or
more shall not be used unless the materials relate to conduct that reoccurred within three (3)
years of the first incident.
At the request of the employee, materials relating to disciplinary actions which are three (3) or
more years old shall be removed, provided there has been no reoccurrence of the conduct on
which the discipline was based. Performance evaluations are excluded from this provision.
Materials relating to disciplinary actions for misappropriation of public funds or property; misuse
or destruction of public property; the use of being under the influence of drugs or alcohol at
work; acts which would constitute a felony; acts which present an immediate danger to the
public health and safety; or acts of harassment or discrimination based on protected status will
not be removed from the employee’s personnel file.
6.8.9 CPR / First Aid Training
An annual program for cardiopulmonary resuscitation (CPR) and First Aid certification will be
provided for persons working as Childcare Directors and Instructors II.
6.8.10 Childcare Division Employee Program Discount
All Childcare staff with children enrolled in any City of San Rafael Childcare Division program
will receive a 50% discount on program fees based on their level of enrollment. All policies
regarding admission and attendance in the Childcare Program will continue to apply to
Childcare staff in accordance with the Childcare Division Parent Handbook and Childcare Staff
Handbook.
6.9 MISCELLANEOUS
6.9.1 Hazardous Materials
Maintenance employees in the Union will be provided with the necessary training associated
with what is termed first responder awareness level. First responders at this level (awareness
only) are those who are likely to witness or discover a hazardous substance release and who
have been trained to initiate an emergency response operations level. "Awareness” individuals
take no action beyond notifying the designated authorities of the release. The on-duty Fire
Battalion Chief is the Incident Commander in the event of a hazardous material release.
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It is understood and agreed by both parties that maintenance employees in this Union do not
have any responsibility to clean up, mitigate or otherwise dispose of hazardous materials. The
Fire Department personnel and/or contract personnel have the direct responsibility of dealing
with hazardous materials.
Maintenance employees of this Union do have direct responsibility to handle (clean up, mitigate,
transport, dispose of, etc.) petroleum products such as diesel fuel gasoline, drain oil, and the
like.
Streets, Parks Maintenance, and Facilities employees of this Union have direct responsibility to
handle (clean up, mitigate, transport, dispose of, etc.) needles and oil spills.
6.9.2 Gratuities / Solicitation of Contributions
Gratuities and/or solicitation of contributions are not allowed.
6.9.3 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.
6.9.4 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and
Federal Law.
6.9.5 Employment of Relatives
Employment of relatives shall be governed by the City's Personnel Rules and Regulations.
6.9.6 Labor / Management Meetings
The City and the Union agree that consultation meetings may contribute to improved employer-
employee relations.
The committee shall be comprised of three (3) representatives from the Miscellaneous and
Supervisory Units and three (3) from City Management as well as the SEIU Field
Representative and the Human Resources Director. 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. It is intended that the subject matter will not include issues
subject to Article 7.4 Grievance Procedures.
6.9.7 Contract Orientation Work Sessions
The City and the Union agree that the individuals having responsibility for the enforcement of
the Agreement, Union Stewards 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.
6.9.8 Temp Seasonal Employees
Both the City of San Rafael and SEIU 1021 recognize the valid, necessary reasons for
appropriate temporary, seasonal, retiree, and fixed-term work. The City follows the Resolution
of the City Council of the City of San Rafael adopting a temporary, seasonal, retiree, fixed-term
salary and benefit plan. The City shall make its best efforts, with consideration to the fiscal
condition of the City, to continue to transition temporary positions that are used in a recurring,
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routine manner and perform work typically accomplished by SEIU classifications throughout the
term of the agreement, to regular City positions.
6.9.9 Gym Reimbursement
Employees are eligible to receive up to $16.50 per month reimbursement for paid gym
memberships. Such reimbursement shall be reported as taxable income to the employee.
7 PROCEDURES
7.1 DEMOTION & SUSPENSION
7.1.1 Demotion
The Appointing Authority may demote an employee when the following occurs:
a.The employee FAILS to perform their required duties.
b.An employee requests such a demotion. No employee shall be demoted to a
classification for which they do not possess the minimum qualifications. When
the action is initiated by the Appointing Authority, written notice of demotion shall
be provided to an employee at least ten (10) working days before the effective
date of the demotion, and a copy filed with the Human Resources Department.
Withholding a salary step increase or withdrawing a merit step increase within or above the
salary range of the employee's position shall not be deemed a demotion.
Disciplinary demotion action shall be in accordance with Article 7.3 Disciplinary Action.
7.1.2 Suspension
The Appointing Authority may suspend an employee from a position at any time for a
disciplinary purpose. Intended suspension action shall be reported immediately to the Human
Resources Director and shall be taken in accordance with Article 7.3 Disciplinary Action.
7.2 TERMINATION OF EMPLOYMENT
7.2.1 Resignation
An employee wishing to leave City service in good standing shall file with their immediate
supervisor, at least fourteen (14) days before leaving service, a written resignation stating the
effective date and reason for leaving. A copy of the resignation shall be forwarded to the
Appointing Authority and Human Resources Department.
7.2.2 Termination - Layoff (Lack of work or funds)
The Appointing Authority may terminate an employee because of changes in duties or
organization, abolishment of position, shortage of work or funds, or completion of work for which
employment was made.
7.2.3 Termination - Disciplinary Action
An employee may be terminated at any time for disciplinary action, as provided in Article 7.3
Disciplinary Action.
7.2.4 Retirement
Retirement from City service shall, except as otherwise provided, be subject to the terms and
conditions of the City's contract, as amended from time to time, with the Marin County
Retirement System.
7.2.5 Job Abandonment
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Absence from duty without authorization for any period of time may be cause for disciplinary
action. Absence from duty without authorization in excess of five (5) continuous working days
may constitute abandonment of the position and may be grounds for termination. The
employee and the Union shall be notified by certified mail of proposed termination prior to the
effective date of termination.
7.3 DISCIPLINARY ACTION
7.3.1 Right to Discipline & Discharge
Upon completion of the designated probationary period an employee shall be designated as a
non-probationary employee and the City shall have the right to discharge or discipline any such
employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to
perform work as required or to observe the Department's safety rules and regulations, or for
engaging, during the term of this Memorandum of Understanding, in strikes, individual or group
slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of
Understanding, except where permitted by law. The City shall use progressive disciplinary
steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to justify
termination. Disciplinary action shall mean discharge/dismissal/termination, demotion, reduction
in wage, suspension resulting in loss of pay, and written reprimand.
In addition, the City may discipline or discharge an employee for the following: Fraud in
securing appointment; negligence of duty; violation of safety rules; unacceptable attendance
record including tardiness, overstaying lunch or break periods; possession, distribution or under
the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous
drugs during working hours; inability, unwillingness, refusal or failure to perform work as
assigned, required or directed; unauthorized soliciting on City property or time; conviction of a
felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward
(mistreatment of discourteousness to) the general public or fellow employees or officers of the
City; falsifying employment application materials, time reports, records, or payroll documents or
other City records; misuse of City property; violation of any of the provisions of these working
rules and regulations or departmental rules and regulations; disorderly conduct, participation in
fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any
City policy or rules and regulations over an extended period of time in which a specific incident
in and of itself would not warrant disciplinary action, however, the cumulative effect would
warrant such action; failure to perform to an acceptable level of work quality and quantity;
insubordination; other acts inimical to the public service; inability or refusal to provide medical
statement on cause of illness or disability.
7.3.2 Preliminary Notice
A non-probationary employee shall receive a preliminary written notice from the employee's
Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must
contain a specific statement of charges or grounds upon which the proposed disciplinary action
is based and the date the disciplinary action will be effective.
Any known written materials, reports or documents upon which the disciplinary action is based
must be attached to the notice.
Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in
writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action
shall be imposed until the Department Director has conducted a hearing with the employee and
employee's representative present and having heard the response of the employee. The
Department Director’s decision shall be final for written reprimands.
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SEIU 2024-2027
If no written appeal is filed within five (5) days, the employee shall be deemed to have waived
their right to proceed to Step 4 of the Grievance Procedure.
7.3.3 Disciplinary Action and Appeal
After hearing the response of the employee, the Department Director may order that the
proposed disciplinary action or modification thereof be imposed. Such notification shall be
issued in writing within 10 days of the meeting.
If the employee elects to appeal the Department Director action, they may request a confidential
settlement conference with the City Manager. Participation in the confidential settlement
conference shall be voluntary. If the matter is still unresolved after the confidential settlement
conference, the employee shall notify the City within ten (10) days that the matter is appealed to
Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in accordance
with the Grievance Procedure. The City Manager’s decision shall be final for suspensions of
five (5) days or less.
7.3.4 Harassment Policy
It is the City’s intent and purpose to provide all officials, employees, applicants and contractors
with an environment that is free from any form of harassment, discrimination or retaliation.
Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation
which is available on the City’s Intranet website.
7.4 GRIEVANCE PROCEDURE
7.4.1 Definition
1.Grievance is a dispute which involves the interpretation or application of any provision
of this Memorandum of Understanding, except issues concerning appeals of punitive
action, which are governed by Sections 7.1, 7.2 and 7.3 of this Memorandum. A dispute
regarding the interpretation of the City’s Personnel Rules and Regulations is subject to
the grievance procedure up to Step 3 (City Manager). All ordinances, resolutions, rules
and regulations which are not specifically covered by the provisions of this Memorandum
shall not be subject to the Grievance Procedure.
2.Day shall mean any that the City Office is open for business, excluding Saturdays,
Sundays and the holidays recognized by the City.
3.Grievant may be an individual employee or a group of employees or the Union on behalf
of a group of employees or the Union on its own behalf on matters involving the City and
Union relationship.
4.Time limits begin with the day following the event causing the grievance or the day
following receipt of a grievance decision.
7.4.2 Procedure
Step 1.
Within seven (7) days of when the grievant knew or should have known of the act or
omission causing the grievance, the grievant shall present either in writing or verbally a
clear and concise statement of the grievance to the immediate supervisor.
Within five (5) days thereafter, the immediate supervisor shall investigate and respond to
the allegations of the grievant.
Step 2.
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SEIU 2024-2027
If the grievant is not satisfied with the resolution at Step 1, the grievant must reduce the
grievance to writing and present it to the Department Director within five (5) days.
The written grievance shall contain a statement of facts about the nature of the
grievance and shall identify the specific provisions of this Memorandum of
Understanding alleged to be violated, applicable times, places and names of those
involved, the remedy or relief requested, and shall be signed by the grievant.
The Department Director shall confer with the grievant and within ten (10) days respond
to the allegations in writing.
Step 3.
If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five
(5)days appeal the matter to the City Manager.
The City Manager shall investigate the matter, conduct a hearing if the City Manager
deems it appropriate and within ten (10) days thereafter, respond to the allegations in
writing.
Step 4.
If the grievance remains unresolved after Step 3, the Union may, by written notice to the
City’s Human Resources Department within ten (10) days after the receipt of the
response in Step 3, notify the City that the Union wishes to appeal the grievance to final
and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no
agreement is reached, they shall request a list from the State Conciliation Service of
nine (9) names. The selection process will include a review of the arbitrator’s availability
for the hearing.
Each party shall then alternately strike a name until only one (1) name remains, said
person to be the arbitrator. The order of striking shall be determined by the flip of a coin.
7.4.3 Arbitration
The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence
presented by the parties. The hearing should be held within 60 calendar days of the selection of
the arbitrator. The hearing shall be informal and need not be conducted according to technical
rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only
under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as
any procedural matters, and they may call, recall and examine witnesses, as they deem proper.
The burden of proof shall be upon the Union in grievance matters and upon the City in
disciplinary/discharge matters.
After the conclusion of any hearing and the submission of any post hearing evidence or briefs
agreed upon by the parties, the arbitrator shall render a written decision which shall be final and
binding upon the City, the Union and any employee(s) involved in the grievance or disciplinary
matter.
The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any
provision of this Memorandum of Understanding. The arbitrator shall only determine whether a
grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall
be, or in the case of disciplinary/discharge matter whether the City allegations are accurate and
the appropriateness of the disciplinary penalty.
The fees and expenses of the arbitrator shall be shared equally by the Union and the City. All
other expenses shall be borne by the party incurring them. The cost of the services of court
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SEIU 2024-2027
reporter shall be borne by the requesting party unless there is a mutual agreement to share the
cost or unless the arbitrator so requests. Then the costs will be shared equally.
7.4.4 General Provisions
1.Employees who participate in the Grievance Procedure by filing a grievance or acting as
a witness on the behalf of either party shall be free from discrimination by either the
Union or the City.
2.A grievant has the right to be represented at each stage of the procedure, to cross
examine witnesses, and have access to all information regarding the basis of the
grievance upon which the City relies in making its determinations.
3.If the City management fails to respond within the specified time limits, the grievance
shall, at the request of the Union, be moved to the next step of the procedure. If the
Union or a grievant fails to process or appeal a grievance within the specified time limits,
the matter shall be deemed withdrawn with prejudice. The parties may by mutual
agreement waive the steps in the procedure.
4.If a hearing is held during work hours of employee witnesses, such employees shall be
released from duties without loss of pay or benefits to appear at the hearing. Witnesses
requested by the parties shall be compelled to attend said hearings.
5.The Human Resources Department shall act as the central repository for all grievances.
6.Time limits contained herein may be extended by mutual agreement of the parties.
Absence for bona fide reasons by a grievant, the Union representative or any
management official involved in responding to the grievance shall automatically extend
the time limits by the same number of days of absence.
7.5 POSITION RECLASSIFICATION
Reclassification of positions covered by this MOU shall be in accordance with the City’s
Reclassification Policy available on the City’s Intranet website.
7.6 FURLOUGH PROGRAM
Both the City of San Rafael and SEIU 1021 recognize the unpredictable changes in funding that
affect City finances. Through this recognition and in a cooperative spirit the City of San Rafael
and SEIU 1021 have worked expeditiously on the development of a Furlough Program. This
Agreement does not mean the City will necessarily implement furloughs; but in the event it is
necessary to implement due to continued economic problems in the City of San Rafael, the City
shall meet and consult with the Union at least 60 days prior to implementation of the Furlough
Program. 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).
7.6.1 Voluntary Time Off (VTO)
The needs of the City and the respective departments (as determined by the Department
Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO
time granted and the resulting savings will have a corresponding impact on the time needed
through MTO.
1.An employee's VTO time would count in determining how many hours of MTO an
employee needed to take during the fiscal year.
2.An employee selecting at least a 5% reduction of hours through the VTO would
receive “float days” as described in 6.6.2. (4.b.).
44
3.Employees who take VTO at a time other than when MTO is taken by other
employees will have to take vacation leave, compensatory time off or leave
without pay if the MTO results in the closure of the department.
4.Employees will be allowed to exceed a 5% reduction of hours through the VTO
with review of the Department Director and approval of the City Manager and
such approval shall be revocable should the City determine that the impact of the
absence cannot be absorbed by the Department. Prior to revoking approval, the
City will contact the employee and review pertinent information which would
impact the employee’s ability to return to work. Should the City need to remove
additional VTO, such removal would be considered a non-disciplinary action and
would not be subject to any appeal/grievance procedure.
7.6.2 Mandatory Time Off (MTO)
MTO will be taken by the employee during the MTO period when feasible in their respective
department (as determined by the Department Director and City Manager) and after
consultation with the union.
1.Employees may not take paid vacation time in lieu of designated MTO time.
2.MTO time shall be considered time in pay status for the accrual of leave and
eligibility for holidays. MTO time will not impact health, dental and life insurance
benefits. At this time MTO time will not impact Marin County retirement
calculations of average compensation or service credit as the City and employee
will continue to fund the full amounts. If the Marin County Retirement Association
changes its policy on this, the City will, effective the first of the month following
notice from the Marin County Retirement Association, make the necessary
change in the program's administration to correspond with the change in the
policy.
3.MTO time shall apply toward time in service for step increases and completion of
probation.
4.Other Terms and Conditions:
a.The MTO program shall be limited to a maximum five percent (5%)
reduction in work hours/pay for the fiscal year. When the maximum MTO
reduction (5% is implemented, the involved employee shall be credited
with three (3) days of float time
b.Float time accrued through the MTO Program must be taken in the 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 and the Union agree
to re-open negotiations on this Furlough Plan.
7.7 REDUCTION IN FORCE
7.7.1 Authority
SEIU 2024-2027
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SEIU 2024-2027
The Appointing Authority may lay off, without prejudice, any regular employee because of lack
of work or funds, or organizational alterations, or for reasons of economy or organizational
efficiency.
7.7.2 Notice
Regular employees designated for layoff or demotion shall be notified in writing at least thirty
(30)calendar days prior to the anticipated date of termination or demotion. The employee
organization shall also be so notified.
7.7.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as
a position or number of positions having the same title, job description and salary. Extra hire
employees shall be laid off before permanent employees in the affected classification. In
effecting the preceding order, a part-time permanent employee with more seniority can displace
a full time permanent employee.
7.7.4 Seniority
If two or more employees within a classification have achieved permanent status, such
employees will be laid off or reduced on the following basis:
a.Seniority within the affected classification will be determinative. Such seniority
shall include time served in higher classification(s). The computation of seniority
for part-time employees will be credited on a pro rata basis to full time service.
Time spent on a City Manager approved leave of absence without pay does not
count toward seniority.
b.If the seniority of two or more employees in the affected classification or higher
classification(s) is equal, departmental seniority shall be determinative.
c.If all of the above factors are equal, the date regular status in City service is
achieved shall be determinative.
d.If all of the above are equal, date of certification for appointment shall be
determinative.
7.7.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level for which
they meet the minimum qualifications, or into the next lower classification in which such
employee has previously held regular status. An employee who is bumped shall be laid off in
the same manner as an employee whose position is abolished.
7.7.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be
affected by a reduction in force to another vacant position for which such employee may qualify.
The length of eligibility for such transfer will be the period of notification as provided in Section
7.7.2, but no longer than the effective date of such layoff or reduction.
7.7.7 Layoff Procedure Notification
Once the decision has been made to reduce the workforce per this MOU, the City will meet with
the Union to review and receive feedback on the procedure to be used to inform and process
those classifications and individuals who are determined to be laid off. The information gained
in this meeting from the Union by the City will be advisory and not binding.
7.8 RE-EMPLOYMENT
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SEIU 2024-2027
7.8.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re-appointment to the same
classification in which they held status in the order of seniority in the classification. Individuals
demoted in lieu of reduction in force shall be offered restoration to the highest class in which
they held status and in which there is a vacancy prior to the appointment of individuals who
have been laid off.
7.8.2 Right to Re-Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held,
shall, in writing, be offered re-appointment in the same classification should a vacancy occur in
the classification within two years after the layoff or demotion. Prior to being re-employed, the
employee must pass a physical exam administered by a City appointed physician and must
pass the background check administered by the City.
7.8.3 Time Limits
Should the person not accept the re-appointment within seven (7) calendar days after the date
of the offer, or should the person decline or be unable to begin work within two weeks after the
date of acceptance of the offer, the person shall be considered unavailable for employment,
shall forfeit the right to re-employment and shall be removed from the re-employment list.
7.8.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on
the re-employment list shall be offered re-employment.
7.8.5 Probationary Status
Employees re-appointed under the provisions above will not be required to complete a new
probationary period if they had previously held permanent status in the classification.
Employees who had not completed their probationary period shall serve the remainder of the
probationary period upon re-appointment.
7.8.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave
of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll
will not count as time worked for the purposes of seniority accrual.
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SEIU 2024-2027
SEIU LOCAL 1021: CITY OF SAN RAFAEL:
Aaron Burton, Field Representative
SEIU Local 1021
Tim Davis, Chief Negotiator
City of San Rafael
Jana Blunt, Field Representative
SEIU Local 1021
Kenny Gatlin, Chapter President
SEIU Local 1021
Grade Position A B C D E
7241 Accountant I 6,720$ 7,056$ 7,409$ 7,779$ 8,168$
7240 Accountant II 7,057$ 7,409$ 7,780$ 8,169$ 8,577$
7200 Accounting Assistant I 4,895$ 5,139$ 5,396$ 5,666$ 5,949$
7201 Accounting Assistant II 5,391$ 5,661$ 5,944$ 6,241$ 6,553$
7300 Senior Accounting Assistant 5,944$ 6,241$ 6,553$ 6,881$ 7,225$
7299 Accounting Technician 6,722$ 7,058$ 7,411$ 7,782$ 8,171$
7205 Administrative Analyst 6,352$ 6,670$ 7,003$ 7,353$ 7,721$
7211 Administrative Assistant I 5,073$ 5,327$ 5,593$ 5,873$ 6,166$
7212 Administrative Assistant II 5,594$ 5,873$ 6,167$ 6,475$ 6,799$
7295 Senior Administrative Assistant 6,023$ 6,324$ 6,640$ 6,972$ 7,321$
7216 Administrative Assistant to the City Clerk 6,023$ 6,324$ 6,640$ 6,972$ 7,321$
7210 Assistant Planner 7,184$ 7,544$ 7,921$ 8,317$ 8,733$
7208 Associate Planner 7,929$ 8,325$ 8,741$ 9,179$ 9,637$
7217 Building Inspector I 6,510$ 6,836$ 7,178$ 7,536$ 7,913$
7218 Building Inspector II 7,184$ 7,544$ 7,921$ 8,317$ 8,733$
7220 Business License Examiner 5,660$ 5,943$ 6,240$ 6,552$ 6,880$
9352 Child Care Director 5,043$ 5,295$ 5,560$ $ 5,838 6,130$
9351 Child Care Instructor I 2,820$ 2,961$ 3,109$ $ 3,264 3,427$
9350 Child Care Instructor II 3,619$ 3,800$ 3,990$ $ 4,190 4,399$
7222 Code Enforcement Official I 5,215$ 5,476$ 5,750$ 6,038$ 6,339$
7223 Code Enforcement Official II 5,755$ 6,043$ 6,345$ 6,662$ 6,995$
7380 Code Enforcement Official III 6,835$ 7,176$ 7,535$ 7,912$ 8,307$
2119 Construction Inspector - SRSD 7,076$ 7,430$ 7,802$ 8,192$ 8,601$
7224 Custodian 4,857$ 5,100$ 5,355$ 5,623$ 5,904$
4210 Data Analyst I 7,339$ 7,706$ 8,091$ 8,496$ 8,920$
4211 Data Analyst II 8,073$ 8,476$ 8,900$ 9,345$ 9,812$
4212 Data Analyst III 8,880$ 9,324$ 9,790$ 10,280$ 10,794$
7226 Deputy City Clerk I 6,174$ 6,483$ 6,807$ 7,147$ 7,505$
3702 Deputy City Clerk II 7,505$ 7,879$ 8,273$ 8,687$ 9,121$
7120 Emergency Management Coordinator 5,883$ 6,177$ 6,486$ 6,810$ 7,151$
7121 Environmental Management Coordinator 5,883$ 6,177$ 6,486$ 6,810$ 7,151$
7232 Facility Repair Supervisor 7,733$ 8,119$ 8,525$ 8,952$ 9,399$
7291 Facility Repair Worker I 5,487$ 5,762$ 6,050$ 6,352$ 6,670$
7233 Facility Repair Worker II 6,052$ 6,354$ 6,672$ 7,006$ 7,356$
7294 Facility Repair Worker III 6,513$ 6,838$ 7,180$ 7,539$ 7,916$
7108 Fire Prevention Inspector I 8,226$ 8,638$ 9,070$ 9,523$ 9,999$
7107 Fire Prevention Inspector II 9,069$ 9,522$ 9,998$ 10,498$ 11,023$
7298 IT Help Desk Supervisor 8,073$ 8,476$ 8,900$ 9,345$ 9,812$
7243 Librarian I 6,716$ 7,052$ 7,404$ 7,775$ 8,163$
7244 Librarian II 7,055$ 7,408$ 7,778$ 8,167$ 8,575$
2404 Library Aide 3,219$ 3,380$ 3,549$ 3,727$ 3,913$
7246 Library Assistant I 4,422$ 4,643$ 4,875$ 5,119$ 5,375$
7247 Library Assistant II 5,001$ 5,251$ 5,513$ 5,789$ 6,079$
2405 Library Tech Services Supervisor 6,394$ 6,714$ 7,049$ 7,402$ 7,772$
City of San Rafael
SEIU - SALARY SCHEDULE
Effective July 1, 2024
EXHIBIT A
7292 Literacy Program Supervisor 7,783$ 8,173$ 8,581$ 9,010$ 9,461$
7249 Mail and Stores Clerk 4,384$ 4,603$ 4,833$ 5,075$ 5,329$
7255 Network Analyst 7,340$ 7,707$ 8,092$ 8,497$ 8,922$
7274 Network Support Technician 5,614$ 5,895$ 6,190$ 6,499$ 6,824$
7285 Office Assistant I 4,175$ 4,383$ 4,603$ 4,833$ 5,074$
7284 Office Assistant II 4,716$ 4,952$ 5,199$ 5,459$ 5,732$
7256 Park Equipment Mechanic 6,356$ 6,674$ 7,008$ 7,358$ 7,726$
7257 Parking Attendant I 2,390$ 2,509$ 2,635$ 2,767$ 2,905$
7275 Parking Attendant II 2,632$ 2,764$ 2,902$ 3,047$ 3,199$
6208 Parking Enforcement Officer 5,830$ 6,122$ 6,428$ 6,749$ 7,087$
6212 Parking Equipment Technician 5,625$ 5,906$ 6,201$ 6,512$ 6,837$
6209 Parking Maintenance & Collections 5,625$ 5,906$ 6,201$ 6,511$ 6,837$
6211 Parking Operations Supervisor 7,733$ 8,119$ 8,525$ 8,951$ 9,399$
7258 Parks & Graffitti Worker 5,102$ 5,357$ 5,625$ 5,906$ 6,201$
2123 Parks Lead Maintenance Worker 6,513$ 6,838$ 7,180$ 7,539$ 7,916$
7271 Parks Maintenance Supervisor 7,733$ 8,119$ 8,525$ 8,952$ 9,399$
7236 Parks Maintenance Worker I 5,357$ 5,625$ 5,906$ 6,202$ 6,512$
7238 Parks Maintenance Worker II 5,625$ 5,906$ 6,202$ 6,512$ 6,837$
7296 Permit Services Coordinator 7,755$ 8,143$ 8,550$ 8,978$ 9,426$
7396 Permit Services Supervisor 8,725$ 9,161$ 9,620$ 10,101$ 10,606$
7196 Permit Technician I 5,381$ 5,650$ 5,933$ 6,229$ 6,541$
7197 Permit Technician II 5,919$ 6,215$ 6,525$ 6,852$ 7,194$
7198 Permit Technician III 6,511$ 6,836$ 7,178$ 7,537$ 7,914$
7261 Planning Technician 5,614$ 5,895$ 6,190$ 6,499$ 6,824$
9453 Principal Planner 10,378$ 10,897$ 11,442$ 12,014$ 12,614$
7234 Printing Press Operator 5,459$ 5,732$ 6,018$ 6,319$ 6,635$
7305 Program Analyst 6,967$ 7,315$ 7,681$ 8,065$ 8,468$
1201 Program Coordinator 5,900$ 6,195$ 6,505$ 6,830$ 7,171$
7290 Public Works Dispatcher 5,625$ 5,906$ 6,202$ 6,512$ 6,837$
7253 Public Works Inspector 6,433$ 6,755$ 7,092$ 7,447$ 7,819$
7263 Revenue Supervisor 8,574$ 9,002$ 9,453$ 9,925$ 10,421$
2309 Senior Building Inspector 8,528$ 8,955$ 9,403$ 9,873$ 10,366$
7265 Senior Library Assistant 5,252$ 5,514$ 5,790$ 6,079$ 6,383$
7264 Senior Planner 8,972$ 9,421$ 9,892$ 10,387$ 10,906$
2204 Sewer Lead Maintenance Worker 7,182$ 7,541$ 7,918$ 8,314$ 8,729$
7266 Sewer Maintenance Worker I 5,764$ 6,052$ 6,355$ 6,672$ 7,006$
7267 Sewer Maintenance Worker II 6,203$ 6,513$ 6,839$ 7,180$ 7,539$
7281 Sewers Supervisor 8,118$ 8,524$ 8,950$ 9,398$ 9,868$
7269 Shop & Equipment Supervisor 7,733$ 8,120$ 8,525$ 8,952$ 9,399$
7280 Street Lead Maintenance Worker 6,513$ 6,838$ 7,180$ 7,539$ 7,916$
7209 Street Maintenance Supervisor 7,733$ 8,119$ 8,525$ 8,952$ 9,399$
7250 Street Maintenance Worker I 5,357$ 5,625$ 5,906$ 6,202$ 6,512$
7251 Street Maintenance Worker II 5,625$ 5,906$ 6,202$ 6,512$ 6,837$
7283 Street Sweeper Operator 5,906$ 6,202$ 6,512$ 6,837$ 7,179$
8523 Supervising Parking Enforcement Officer 6,557$ 6,885$ 7,229$ 7,590$ 7,970$
7288 Supervising Vehicle/Equipment Mechanic 6,841$ 7,183$ 7,542$ 7,919$ 8,315$
7286 Vehicle/Equipment Mechanic I 5,764$ 6,052$ 6,355$ 6,673$ 7,006$
7287 Vehicle/Equipment Mechanic II 6,356$ 6,674$ 7,008$ 7,358$ 7,726$
2131 Volunteer Program Assistant 5,689$ 5,973$ 6,272$ 6,586$ 6,915$
EXHIBIT A
Grade Position A B C D E
7241 Accountant I 6,989$ 7,338$ 7,705$ 8,090$ 8,495$
7240 Accountant II 7,339$ 7,706$ 8,091$ 8,496$ 8,920$
7200 Accounting Assistant I 5,090$ 5,345$ 5,612$ 5,893$ 6,187$
7201 Accounting Assistant II 5,607$ 5,887$ 6,182$ 6,491$ 6,815$
7300 Senior Accounting Assistant 6,182$ 6,491$ 6,815$ 7,156$ 7,514$
7299 Accounting Technician 6,991$ 7,340$ 7,707$ 8,093$ 8,497$
7205 Administrative Analyst 6,606$ 6,936$ 7,283$ 7,647$ 8,030$
7211 Administrative Assistant I 5,276$ 5,540$ 5,817$ 6,108$ 6,413$
7212 Administrative Assistant II 5,817$ 6,108$ 6,414$ 6,734$ 7,071$
7295 Senior Administrative Assistant 6,264$ 6,577$ 6,906$ 7,251$ 7,614$
7216 Administrative Assistant to the City Clerk 6,264$ 6,577$ 6,906$ 7,251$ 7,614$
7210 Assistant Planner 7,472$ 7,845$ 8,238$ 8,650$ 9,082$
7208 Associate Planner 8,246$ 8,658$ 9,091$ 9,546$ 10,023$
7217 Building Inspector I 6,771$ 7,109$ 7,465$ 7,838$ 8,230$
7218 Building Inspector II 7,472$ 7,845$ 8,238$ 8,650$ 9,082$
7220 Business License Examiner 5,886$ 6,181$ 6,490$ 6,814$ 7,155$
9352 Child Care Director 5,346$ 5,613$ 5,893$ $ 6,188 6,498$
9351 Child Care Instructor I 2,989$ 3,138$ 3,295$ $ 3,460 3,633$
9350 Child Care Instructor II 3,837$ 4,028$ 4,230$ $ 4,441 4,663$
7222 Code Enforcement Official I 5,424$ 5,695$ 5,980$ 6,279$ 6,593$
7223 Code Enforcement Official II 5,985$ 6,284$ 6,598$ 6,928$ 7,275$
7380 Code Enforcement Official III 7,108$ 7,463$ 7,837$ 8,228$ 8,640$
2119 Construction Inspector - SRSD 7,359$ 7,727$ 8,114$ 8,519$ 8,945$
7224 Custodian 5,052$ 5,304$ 5,569$ 5,848$ 6,140$
4210 Data Analyst I 7,632$ 8,014$ 8,415$ 8,835$ 9,277$
4211 Data Analyst II 8,396$ 8,815$ 9,256$ 9,719$ 10,205$
4212 Data Analyst III 9,235$ 9,697$ 10,182$ 10,691$ 11,225$
7226 Deputy City Clerk I 6,421$ 6,742$ 7,079$ 7,433$ 7,805$
3702 Deputy City Clerk II 7,805$ 8,195$ 8,604$ 9,034$ 9,486$
7120 Emergency Management Coordinator 6,118$ 6,424$ 6,745$ 7,083$ 7,437$
7121 Environmental Management Coordinator 6,118$ 6,424$ 6,745$ 7,083$ 7,437$
7232 Facility Repair Supervisor 8,042$ 8,444$ 8,866$ 9,310$ 9,775$
7291 Facility Repair Worker I 5,707$ 5,992$ 6,292$ 6,606$ 6,937$
7233 Facility Repair Worker II 6,294$ 6,608$ 6,939$ 7,286$ 7,650$
7294 Facility Repair Worker III 6,773$ 7,112$ 7,468$ 7,841$ 8,233$
7108 Fire Prevention Inspector I 8,556$ 8,983$ 9,433$ 9,904$ 10,399$
7107 Fire Prevention Inspector II 9,432$ 9,903$ 10,398$ 10,918$ 11,464$
7298 IT Help Desk Supervisor 8,396$ 8,815$ 9,256$ 9,719$ 10,205$
7243 Librarian I 7,119$ 7,475$ 7,849$ 8,241$ 8,653$
7244 Librarian II 7,478$ 7,852$ 8,245$ 8,657$ 9,090$
2404 Library Aide 3,412$ 3,583$ 3,762$ 3,950$ 4,148$
7246 Library Assistant I 4,687$ 4,922$ 5,168$ 5,426$ 5,698$
7247 Library Assistant II 5,301$ 5,566$ 5,844$ 6,137$ 6,443$
2405 Library Tech Services Supervisor 6,778$ 7,116$ 7,472$ 7,846$ 8,238$
City of San Rafael
SEIU - SALARY SCHEDULE
Effective July 1, 2025
EXHIBIT A
7292 Literacy Program Supervisor 8,250$ 8,663$ 9,096$ 9,551$ 10,028$
7249 Mail and Stores Clerk 4,559$ 4,787$ 5,027$ 5,278$ 5,542$
7255 Network Analyst 7,634$ 8,015$ 8,416$ 8,837$ 9,279$
7274 Network Support Technician 5,839$ 6,131$ 6,437$ 6,759$ 7,097$
7285 Office Assistant I 4,342$ 4,559$ 4,787$ 5,026$ 5,277$
7284 Office Assistant II 4,905$ 5,150$ 5,407$ 5,678$ 5,962$
7256 Park Equipment Mechanic 6,611$ 6,941$ 7,288$ 7,653$ 8,035$
7257 Parking Attendant I 2,486$ 2,610$ 2,740$ 2,877$ 3,021$
7275 Parking Attendant II 2,737$ 2,874$ 3,018$ 3,169$ 3,327$
6208 Parking Enforcement Officer 6,064$ 6,367$ 6,685$ 7,019$ 7,370$
6212 Parking Equipment Technician 5,850$ 6,142$ 6,450$ 6,772$ 7,111$
6209 Parking Maintenance & Collections 5,850$ 6,142$ 6,449$ 6,772$ 7,110$
6211 Parking Operations Supervisor 8,042$ 8,444$ 8,866$ 9,310$ 9,775$
7258 Parks & Graffitti Worker 5,306$ 5,571$ 5,850$ 6,142$ 6,449$
2123 Parks Lead Maintenance Worker 6,773$ 7,112$ 7,468$ 7,841$ 8,233$
7271 Parks Maintenance Supervisor 8,042$ 8,444$ 8,866$ 9,310$ 9,775$
7236 Parks Maintenance Worker I 5,572$ 5,850$ 6,143$ 6,450$ 6,772$
7238 Parks Maintenance Worker II 5,850$ 6,143$ 6,450$ 6,772$ 7,111$
7296 Permit Services Coordinator 8,065$ 8,469$ 8,892$ 9,337$ 9,804$
7396 Permit Services Supervisor 9,074$ 9,528$ 10,004$ 10,505$ 11,030$
7196 Permit Technician I 5,596$ 5,876$ 6,170$ 6,478$ 6,802$
7197 Permit Technician II 6,155$ 6,463$ 6,786$ 7,126$ 7,482$
7198 Permit Technician III 6,771$ 7,110$ 7,465$ 7,839$ 8,231$
7261 Planning Technician 5,839$ 6,131$ 6,437$ 6,759$ 7,097$
9453 Principal Planner 10,793$ 11,333$ 11,899$ 12,494$ 13,119$
7234 Printing Press Operator 5,677$ 5,961$ 6,259$ 6,572$ 6,901$
7305 Program Analyst 7,246$ 7,608$ 7,988$ 8,388$ 8,807$
1201 Program Coordinator 6,136$ 6,443$ 6,765$ 7,103$ 7,458$
7290 Public Works Dispatcher 5,850$ 6,143$ 6,450$ 6,772$ 7,111$
7253 Public Works Inspector 6,690$ 7,025$ 7,376$ 7,745$ 8,132$
7263 Revenue Supervisor 8,917$ 9,363$ 9,831$ 10,322$ 10,838$
2309 Senior Building Inspector 8,870$ 9,313$ 9,779$ 10,268$ 10,781$
7265 Senior Library Assistant 5,567$ 5,845$ 6,137$ 6,444$ 6,766$
7264 Senior Planner 9,331$ 9,798$ 10,288$ 10,802$ 11,342$
2204 Sewer Lead Maintenance Worker 7,469$ 7,842$ 8,234$ 8,646$ 9,078$
7266 Sewer Maintenance Worker I 5,994$ 6,294$ 6,609$ 6,939$ 7,286$
7267 Sewer Maintenance Worker II 6,451$ 6,773$ 7,112$ 7,468$ 7,841$
7281 Sewers Supervisor 8,443$ 8,865$ 9,308$ 9,774$ 10,263$
7269 Shop & Equipment Supervisor 8,042$ 8,444$ 8,867$ 9,310$ 9,775$
7280 Street Lead Maintenance Worker 6,773$ 7,112$ 7,468$ 7,841$ 8,233$
7209 Street Maintenance Supervisor 8,042$ 8,444$ 8,866$ 9,310$ 9,775$
7250 Street Maintenance Worker I 5,572$ 5,850$ 6,143$ 6,450$ 6,772$
7251 Street Maintenance Worker II 5,850$ 6,143$ 6,450$ 6,772$ 7,111$
7283 Street Sweeper Operator 6,143$ 6,450$ 6,772$ 7,111$ 7,466$
8523 Supervising Parking Enforcement Officer 6,819$ 7,160$ 7,518$ 7,894$ 8,289$
7288 Supervising Vehicle/Equipment Mechanic 7,114$ 7,470$ 7,843$ 8,236$ 8,647$
7286 Vehicle/Equipment Mechanic I 5,995$ 6,294$ 6,609$ 6,939$ 7,286$
7287 Vehicle/Equipment Mechanic II 6,610$ 6,941$ 7,288$ 7,652$ 8,035$
2131 Volunteer Program Assistant 5,917$ 6,212$ 6,523$ 6,849$ 7,192$
EXHIBIT A
Grade Position A B C D E
7241 Accountant I 7,268$ 7,632$ 8,013$ 8,414$ 8,835$
7240 Accountant II 7,632$ 8,014$ 8,415$ 8,835$ 9,277$
7200 Accounting Assistant I 5,294$ 5,559$ 5,837$ 6,128$ 6,435$
7201 Accounting Assistant II 5,831$ 6,123$ 6,429$ 6,750$ 7,088$
7300 Senior Accounting Assistant 6,429$ 6,751$ 7,088$ 7,442$ 7,815$
7299 Accounting Technician 7,271$ 7,634$ 8,016$ 8,417$ 8,837$
7205 Administrative Analyst 6,870$ 7,214$ 7,575$ 7,953$ 8,351$
7211 Administrative Assistant I 5,487$ 5,761$ 6,050$ 6,352$ 6,670$
7212 Administrative Assistant II 6,050$ 6,352$ 6,670$ 7,004$ 7,354$
7295 Senior Administrative Assistant 6,515$ 6,840$ 7,182$ 7,541$ 7,918$
7216 Administrative Assistant to the City Clerk 6,515$ 6,840$ 7,182$ 7,541$ 7,918$
7210 Assistant Planner 7,771$ 8,159$ 8,567$ 8,995$ 9,445$
7208 Associate Planner 8,576$ 9,005$ 9,455$ 9,927$ 10,424$
7217 Building Inspector I 7,042$ 7,394$ 7,763$ 8,151$ 8,559$
7218 Building Inspector II 7,771$ 8,159$ 8,567$ 8,996$ 9,445$
7220 Business License Examiner 6,122$ 6,428$ 6,749$ 7,087$ 7,441$
9352 Child Care Director 5,666$ 5,950$ 6,247$ $ 6,559 6,887$
9351 Child Care Instructor I 3,168$ 3,326$ 3,493$ $ 3,667 3,851$
9350 Child Care Instructor II 4,067$ 4,270$ 4,484$ $ 4,708 4,943$
7222 Code Enforcement Official I 5,641$ 5,923$ 6,219$ 6,530$ 6,857$
7223 Code Enforcement Official II 6,224$ 6,536$ 6,862$ 7,206$ 7,566$
7380 Code Enforcement Official III 7,392$ 7,762$ 8,150$ 8,557$ 8,985$
2119 Construction Inspector - SRSD 7,654$ 8,036$ 8,438$ 8,860$ 9,303$
7224 Custodian 5,254$ 5,516$ 5,792$ 6,082$ 6,386$
4210 Data Analyst I 7,938$ 8,334$ 8,751$ 9,189$ 9,648$
4211 Data Analyst II 8,731$ 9,168$ 9,626$ 10,108$ 10,613$
4212 Data Analyst III 9,604$ 10,085$ 10,589$ 11,118$ 11,674$
7226 Deputy City Clerk I 6,678$ 7,012$ 7,363$ 7,731$ 8,117$
3702 Deputy City Clerk II 8,117$ 8,522$ 8,948$ 9,396$ 9,866$
7120 Emergency Management Coordinator 6,363$ 6,681$ 7,015$ 7,366$ 7,734$
7121 Environmental Management Coordinator 6,363$ 6,681$ 7,015$ 7,366$ 7,734$
7232 Facility Repair Supervisor 8,364$ 8,782$ 9,221$ 9,682$ 10,166$
7291 Facility Repair Worker I 5,935$ 6,232$ 6,543$ 6,871$ 7,214$
7233 Facility Repair Worker II 6,546$ 6,873$ 7,216$ 7,577$ 7,956$
7294 Facility Repair Worker III 7,044$ 7,396$ 7,766$ 8,155$ 8,562$
7108 Fire Prevention Inspector I 8,898$ 9,343$ 9,810$ 10,300$ 10,815$
7107 Fire Prevention Inspector II 9,809$ 10,299$ 10,814$ 11,355$ 11,923$
7298 IT Help Desk Supervisor 8,732$ 9,168$ 9,626$ 10,108$ 10,613$
7243 Librarian I 7,546$ 7,923$ 8,320$ 8,736$ 9,172$
7244 Librarian II 7,927$ 8,323$ 8,739$ 9,176$ 9,635$
2404 Library Aide 3,617$ 3,798$ 3,988$ 4,187$ 4,397$
7246 Library Assistant I 4,969$ 5,217$ 5,478$ 5,752$ 6,039$
7247 Library Assistant II 5,619$ 5,900$ 6,195$ 6,505$ 6,830$
2405 Library Tech Services Supervisor 7,184$ 7,543$ 7,921$ 8,317$ 8,732$
City of San Rafael
SEIU - SALARY SCHEDULE
Effective July 1, 2026
EXHIBIT A
7292 Literacy Program Supervisor 8,745$ 9,183$ 9,642$ 10,124$ 10,630$
7249 Mail and Stores Clerk 4,742$ 4,979$ 5,228$ 5,489$ 5,764$
7255 Network Analyst 7,939$ 8,336$ 8,753$ 9,190$ 9,650$
7274 Network Support Technician 6,072$ 6,376$ 6,695$ 7,030$ 7,381$
7285 Office Assistant I 4,515$ 4,741$ 4,978$ 5,227$ 5,488$
7284 Office Assistant II 5,101$ 5,356$ 5,624$ 5,905$ 6,200$
7256 Park Equipment Mechanic 6,875$ 7,219$ 7,580$ 7,959$ 8,357$
7257 Parking Attendant I 2,585$ 2,714$ 2,850$ 2,992$ 3,142$
7275 Parking Attendant II 2,847$ 2,989$ 3,139$ 3,296$ 3,460$
6208 Parking Enforcement Officer 6,306$ 6,622$ 6,953$ 7,300$ 7,665$
6212 Parking Equipment Technician 6,084$ 6,388$ 6,707$ 7,043$ 7,395$
6209 Parking Maintenance & Collections 6,084$ 6,388$ 6,707$ 7,043$ 7,395$
6211 Parking Operations Supervisor 8,364$ 8,782$ 9,221$ 9,682$ 10,166$
7258 Parks & Graffitti Worker 5,518$ 5,794$ 6,084$ 6,388$ 6,707$
2123 Parks Lead Maintenance Worker 7,044$ 7,396$ 7,766$ 8,155$ 8,562$
7271 Parks Maintenance Supervisor 8,364$ 8,782$ 9,221$ 9,682$ 10,166$
7236 Parks Maintenance Worker I 5,794$ 6,084$ 6,388$ 6,708$ 7,043$
7238 Parks Maintenance Worker II 6,084$ 6,388$ 6,708$ 7,043$ 7,395$
7296 Permit Services Coordinator 8,388$ 8,807$ 9,248$ 9,710$ 10,196$
7396 Permit Services Supervisor 9,437$ 9,909$ 10,404$ 10,925$ 11,471$
7196 Permit Technician I 5,820$ 6,111$ 6,417$ 6,737$ 7,074$
7197 Permit Technician II 6,402$ 6,722$ 7,058$ 7,411$ 7,781$
7198 Permit Technician III 7,042$ 7,394$ 7,764$ 8,152$ 8,560$
7261 Planning Technician 6,072$ 6,376$ 6,695$ 7,030$ 7,381$
9453 Principal Planner 11,225$ 11,786$ 12,375$ 12,994$ 13,644$
7234 Printing Press Operator 5,904$ 6,199$ 6,509$ 6,835$ 7,177$
7305 Program Analyst 7,535$ 7,912$ 8,308$ 8,723$ 9,159$
1201 Program Coordinator 6,381$ 6,700$ 7,035$ 7,387$ 7,756$
7290 Public Works Dispatcher 6,084$ 6,388$ 6,708$ 7,043$ 7,395$
7253 Public Works Inspector 6,958$ 7,306$ 7,671$ 8,055$ 8,458$
7263 Revenue Supervisor 9,273$ 9,737$ 10,224$ 10,735$ 11,272$
2309 Senior Building Inspector 9,224$ 9,686$ 10,170$ 10,678$ 11,212$
7265 Senior Library Assistant 5,901$ 6,196$ 6,506$ 6,831$ 7,172$
7264 Senior Planner 9,704$ 10,190$ 10,699$ 11,234$ 11,796$
2204 Sewer Lead Maintenance Worker 7,768$ 8,156$ 8,564$ 8,992$ 9,442$
7266 Sewer Maintenance Worker I 6,234$ 6,546$ 6,873$ 7,217$ 7,578$
7267 Sewer Maintenance Worker II 6,709$ 7,044$ 7,397$ 7,766$ 8,155$
7281 Sewers Supervisor 8,781$ 9,220$ 9,681$ 10,165$ 10,673$
7269 Shop & Equipment Supervisor 8,364$ 8,782$ 9,221$ 9,682$ 10,166$
7280 Street Lead Maintenance Worker 7,044$ 7,396$ 7,766$ 8,155$ 8,562$
7209 Street Maintenance Supervisor 8,364$ 8,782$ 9,221$ 9,682$ 10,166$
7250 Street Maintenance Worker I 5,794$ 6,084$ 6,388$ 6,708$ 7,043$
7251 Street Maintenance Worker II 6,084$ 6,388$ 6,708$ 7,043$ 7,395$
7283 Street Sweeper Operator 6,388$ 6,708$ 7,043$ 7,395$ 7,765$
8523 Supervising Parking Enforcement Officer 7,092$ 7,446$ 7,819$ 8,210$ 8,620$
7288 Supervising Vehicle/Equipment Mechanic 7,399$ 7,769$ 8,157$ 8,565$ 8,993$
7286 Vehicle/Equipment Mechanic I 6,234$ 6,546$ 6,873$ 7,217$ 7,578$
7287 Vehicle/Equipment Mechanic II 6,875$ 7,219$ 7,580$ 7,959$ 8,356$
2131 Volunteer Program Assistant 6,153$ 6,461$ 6,784$ 7,123$ 7,479$
EXHIBIT A
EXHIBIT B
City of San Rafael
SEIU Local 1021 Classification/Compensation Summary: Benchmark Linkages
MOU Exhibit “B“
Current Benchmark Linkage
Title Grade Levels from Benchmark
Supervisor – Revenue +16
A Accounting Accountant II +11
Assistant II Payroll Technician +10
Accountant I +9
Business License Examiner +2
Accounting Assistant II 0
Child Care Bookkeeper II 0
Accounting Assistant I -4
Child Care Bookkeeper I -4
Customer Service Clerk -4
B. Associate Planner Senior Planner +5
Fire Plans Examiner +4
Associate Planner 0
Fire Prevention Inspector II -.5
Construction Inspector (SRSD) Supervising Inspector -2
Permit Services Coordinator Programmer Analyst II -3
Principal Planner Assistant Planner -4
Senior Building Inspector Building Inspector II -4
Data Analyst II Fire Prevention Inspector I -4.5
Volunteer Program Assistant Programmer Analyst I -7
Program Coordinator Network Analyst -7
IT Help Desk Supervisor GIS Analyst -7
Building Inspector I -8
Code Enforcement Official III - 8
Senior Building Technician -8
Administrative Analyst, Digital Services Analyst -9
Recreation Center Supervisor -12
Code Enforcement Official II -13
Planning Technician -14
Network Support Technician -12
Building Technician I -14
Volunteer Program Coordinator -15
GIS Technician -16
Code Enforcement Official I -17
D Parking Enforcement Officer Supervising Parking Enforcement Officer +12.5
Parking Enforcement Officer 0
E. Library Assistant II Supervising Librarian +18
Literacy Program Supervisor +18
Librarian II +14
Library Aide Librarian I +12
Library Circulation or Tech Services Supervisor +10
Senior Library Assistant +2
Library Assistant II 0
Library Assistant I -5
EXHIBIT B
Current Benchmark Linkage
Title Grade Levels from Benchmark
F. Administrative Assistant II Administrative Assistant IV +5
Deputy City Clerk +4
Administrative Assistant to the City Clerk +3
Administrative Assistant III +3
Administrative Assistant II 0
Printing Press Operator -1
Administrative Assistant I -4
Office Assistant II -7
Mail and Stores Clerk -10
Office Assistant I -12
Parking Attendant II -21
Parking Attendant I -23
G Street Maintenance Supervisor Supervisor – Street Maintenance 0
Supervisor – Sewers 0
Supervisor – Facility Repair 0
Shop and Equipment Supervisor 0
Supervisor – Parks 0
Supervising Vehicle/Equipment Mechanic -5
Environmental Mgmt Coordinator Sewer Lead Maintenance Worker -5
Supervising Street Maintenance Worker -7
Parking Operations Supervisor -7
Vehicle/Equipment Mechanic II -8
Park Equipment Mechanic -8
Street Maintenance Worker III / Street Lead Maintenance Worker -9
Parks Maintenance Worker III / Parks Lead Maintenance Worker -9
Sewer Maintenance Worker II -9
Facility Repair Worker II -10
Sweeper Operator -11
Vehicle/Equipment Mechanic I -12
Sewer Maintenance Worker I -12
Parks Maintenance Worker II -13
Parking Equipment Technician -13
Parking Maintenance & Collections -13
Parking Meter Repair Technician -13
Street Maintenance Worker II -13
Facility Repair Worker I -14
Yard Clerk/Dispatcher -14
Equipment Service Attendant -15
Street Maintenance Worker I -15
Park & Graffiti Worker -17
Parks Maintenance Worker I -17
Custodian -19
**Bold Print for job class titles represents job classes in the Supervisory Unit.
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SEIU Local 1021
JULY 1, 20241 - JUNE 30, 20274
1
SEIU 20241-20274
Table of Contents
1 GENERAL PROVISIONS ....................................................................................................... 9
1.1 INTRODUCTION ............................................................................................................................... 9
1.1.1 Scope of Agreement .................................................................................................................... 9
1.1.2 Term of MOU ............................................................................................................................... 9
1.2 RECOGNITION ................................................................................................................................ 9
1.2.1 Bargaining Unit ............................................................................................................................ 9
1.2.2 Notice to Employees .................................................................................................................... 9
1.3 NON-DISCRIMINATION .................................................................................................................... 9
1.3.1 In General .................................................................................................................................... 9
1.3.2 Union Discrimination .................................................................................................................. 10
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING ..................................................................... 10
1.5 EXISTING LAWS, REGULATIONS & POLICIES .................................................................................. 10
1.6 STRIKES & LOCKOUTS ................................................................................................................. 10
1.7 SEVERABILITY ............................................................................................................................. 10
1.8 PREVAILING RIGHTS ..................................................................................................................... 10
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER ........................................................................... 10
1.9.1 Understanding ........................................................................................................................... 10
1.9.2 Waiver & Modification ................................................................................................................ 10
2 MMBA ....................................................................................................................................... 11
2.1 UNION RIGHTS ............................................................................................................................. 11
2.1.1 Union Stewards Designation ..................................................................................................... 11
2.1.2 Bulletin Boards ........................................................................................................................... 11
2.1.3 New Members ............................................................................................................................ 11
2.1.4 Employee Information ................................................................................................................ 11
2.1.5 Union Meeting Space ................................................................................................................ 12
2.1.6 Union Communications .............................................................................................................. 12
2.2 DUES DEDUCTION ........................................................................................................................ 12
2.2.1 Collection of Dues ...................................................................................................................... 12
2.2.2 Dues Collection during Separation from Employment ............................................................... 12
2.2.3 Indemnification ........................................................................................................................... 12
2.3 MANAGEMENT RIGHTS ................................................................................................................. 12
2.4 COMMENCEMENT OF NEGOTIATIONS ............................................................................................. 13
3 COMPENSATION .................................................................................................................. 14
3.1 GENERAL WAGES AND COMPENSATION ........................................................................................ 14
3.1.1 Pay Dates .................................................................................................................................. 14
3.1.2 General Wage Increase ............................................................................................................. 14
3.1.3 Compensation Goal & Definitions .............................................................................................. 15
3.1.4 Compensation Surveys .............................................................................................................. 16
3.1.5 Compensation Plan ................................................................................................................... 16
3.2 STEP INCREASES ......................................................................................................................... 16
3.2.1 Entry Level Step ........................................................................................................................ 16
3.2.2 Consideration for Step Increases .............................................................................................. 16
3.2.3 Temporary Merit Increases ........................................................................................................ 17
3.2.4 Anniversary Date ....................................................................................................................... 17
3.2.5 Promotions ................................................................................................................................. 17
3.2.6 Performance Evaluations ........................................................................................................... 17
3.3 SALARY CHANGE ON RECLASSIFICATION ...................................................................................... 17
3.3.1 To a Lower Classification ........................................................................................................... 17
3.3.2 To a Different Classification with the Same Salary Range ........................................................ 17
3.3.3 To a Higher Classification .......................................................................................................... 18
3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS ........................................................................ 18
3.4.1 Out of Class Compensation ....................................................................................................... 18
2
SEIU 20241-20274
3.4.2 Shift Differential Pay .................................................................................................................. 18
3.4.3 Court Pay ................................................................................................................................... 19
3.4.4 Change of Shift .......................................................................................................................... 19
3.5 ADDITIONAL PAY ......................................................................................................................... 19
3.5.1 Educational Reimbursement – Miscellaneous Unit ................................................................... 19
3.5.2 Educational Reimbursement – Child Care Unit ......................................................................... 19
3.5.3 Educational Reimbursement – Supervisory Unit ....................................................................... 20
3.5.4 Bilingual Pay .............................................................................................................................. 20
3.5.5 Garage Employees Uniform Maintenance Program .................................................................. 21
3.5.6 Sewer Employees Uniform Maintenance Program ................................................................... 21
3.5.7 Uniform Allowance ..................................................................................................................... 21
3.5.8 Uniform Jacket Cleaning Allowance .......................................................................................... 22
3.5.9 Mechanical Tool Allowance ....................................................................................................... 23
3.5.10 Holiday Pay ................................................................................................................................ 23
4 BENEFITS ............................................................................................................................... 23
4.1 EMPLOYEE BENEFITS COMMITTEE ................................................................................................ 23
4.2 HEALTH & WELFARE .................................................................................................................... 23
4.2.1 Full Flex Cafeteria Plan ............................................................................................................. 23
4.2.2 Retirees Health Insurance ......................................................................................................... 25
4.2.3 Health and Dependent Care Spending Accounts ...................................................................... 25
4.2.4 Health Insurance Providers ....................................................................................................... 26
4.3 DENTAL PLAN .............................................................................................................................. 26
4.4 VISION CARE PLAN ...................................................................................................................... 26
4.5 LIFE INSURANCE .......................................................................................................................... 26
4.6 LONG TERM DISABILITY INSURANCE ............................................................................................. 26
4.7 RETIREMENT CONTRIBUTION ........................................................................................................ 27
4.7.1 City Paid Employee Retirement (City Paid Member Contribution) ............................................ 27
4.7.2 Retirement Plans ....................................................................................................................... 27
4.7.3 Member Cost of Living Rates .................................................................................................... 27
4.8 STATE DISABILITY INSURANCE (SDI) ............................................................................................ 27
5 LEAVES ..................................................................................................................................... 28
5.1 SICK LEAVE ................................................................................................................................. 28
5.1.1 Eligibility ..................................................................................................................................... 28
5.1.2 Sick Leave Accrual .................................................................................................................... 28
5.1.3 Use of Sick Leave ...................................................................................................................... 28
5.1.4 Advance of Sick Leave .............................................................................................................. 29
5.1.5 Service Credit for Sick Leave .................................................................................................... 29
5.1.6 Compensation for Unused Portion ............................................................................................ 29
5.2 VACATION LEAVE......................................................................................................................... 29
5.2.1 Eligibility ..................................................................................................................................... 29
5.2.2 Rate of Accrual .......................................................................................................................... 29
5.2.3 Administration of Vacation Leave .............................................................................................. 30
5.3 HOLIDAYS .................................................................................................................................... 31
5.3.1 Paid Holidays ............................................................................................................................. 31
5.4 OTHER LEAVE ............................................................................................................................. 31
5.4.1 Personal Leave – Supervisory Unit ........................................................................................... 32
5.4.2 Safety Holiday ............................................................................................................................ 32
5.4.3 Bereavement Leave ................................................................................................................... 32
5.4.4 Jury Duty .................................................................................................................................... 32
5.4.5 Military Leave ............................................................................................................................. 32
5.4.6 Leave of Absence Without Pay ................................................................................................. 32
5.4.7 Industrial Injury Leave ................................................................................................................ 33
5.4.8 Family Medical Leave ................................................................................................................ 33
5.4.9 Catastrophic Leave .................................................................................................................... 33
5.4.10 Emergency/Smoke Leave .......................................................................................................... 33
3
SEIU 20241-20274
5.4.11 Paid Parental Leave .................................................................................................................. 34
5.4.12 End of Life Care Leave .............................................................................................................. 35
6 TERMS & CONDITIONS OF EMPLOYMENT ................................................................. 36
6.1 HOURS OF WORK ......................................................................................................................... 36
6.2 OVERTIME ................................................................................................................................... 37
6.3 COMPENSATORY TIME POLICY ..................................................................................................... 37
6.3.1 Accrual Limit .............................................................................................................................. 37
6.3.2 Overtime Rate ............................................................................................................................ 37
6.4 STAND BY OR CALL BACK DUTY .................................................................................................. 37
6.4.1 Compensation When Assigned to Standby Duty – All Departments except Sanitation ............ 37
6.4.2 Compensation When Assigned to Standby Duty – Sanitation Department .............................. 37
6.4.3 Compensation When Not Assigned to Call Back Duty .............................................................. 38
6.4.4 Minimum Payment for Call Out .................................................................................................. 38
6.4.5 Standby Residency and Cell Phones ........................................................................................ 38
6.5 DOT AND CLASS B REQUIREMENTS ............................................................................................. 39
6.6 PROBATIONARY PERIOD .................................................................................................................... 39
6.6.1 Purpose of Probation ................................................................................................................... 39
6.6.2 Length of Probationary Period ..................................................................................................... 39
6.6.3 Rejection During Probation .......................................................................................................... 39
6.6.4 Notification of Rejection ............................................................................................................... 39
6.6.5 Extension of Probationary Period ................................................................................................ 40
6.6.6 Regular Status ............................................................................................................................. 40
6.6.7 Promotion of Probationary Employee .......................................................................................... 40
6.6.8 Unsuccessful Passage of Promotional Probation ....................................................................... 40
6.6.9 Lateral Transfer Probation ........................................................................................................... 40
6.7 TRANSFERS / REASSIGNMENTS ........................................................................................................... 40
6.7.1 Types of Transfers ....................................................................................................................... 40
6.7.2 Minimum Qualifications & Probation ............................................................................................ 41
6.7.3 Transfer Procedures .................................................................................................................... 41
6.8 PERSONNEL RULES & REGULATIONS ................................................................................................. 41
6.8.1 Drug & Alcohol Policy .................................................................................................................. 41
6.8.2 Confidential Nature of Personnel Records .................................................................................. 41
6.8.3 Confidential Nature of Medical Records ...................................................................................... 41
6.8.4 Outside Employment Policy ......................................................................................................... 41
6.8.5 Use of City Vehicle ...................................................................................................................... 42
6.8.6 Wireless Communication Policy .................................................................................................. 42
6.8.7 Safety Policy ................................................................................................................................ 42
6.8.8 Materials Relating to Disciplinary Action ..................................................................................... 42
6.8.9 CPR / First Aid Training ............................................................................................................... 42
6.8.10 Childcare Division Employee Program Discount ....................................................................... 42
6.9 MISCELLANEOUS ................................................................................................................................ 42
6.9.1 Hazardous Materials .................................................................................................................... 42
6.9.2 Gratuities / Solicitation of Contributions ....................................................................................... 43
6.9.3 Return of City Equipment............................................................................................................. 43
6.9.4 Political Activity ............................................................................................................................ 43
6.9.5 Employment of Relatives ............................................................................................................. 43
6.9.6 Labor / Management Meetings .................................................................................................. 43
6.9.7 Contract Orientation Work Sessions ......................................................................................... 43
6.9.8 Temp Seasonal Employees ....................................................................................................... 43
6.9.9 Gym Reimbursement ................................................................................................................. 44
7 PROCEDURES ....................................................................................................................... 44
7.1 DEMOTION & SUSPENSION ........................................................................................................... 44
7.1.1 Demotion .................................................................................................................................... 44
7.1.2 Suspension ................................................................................................................................ 44
7.2 TERMINATION OF EMPLOYMENT .................................................................................................... 44
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SEIU 20241-20274
7.2.1 Resignation ................................................................................................................................ 44
7.2.2 Termination - Layoff (Lack of work or funds) ............................................................................. 44
7.2.3 Termination - Disciplinary Action ............................................................................................... 44
7.2.4 Retirement ................................................................................................................................. 44
7.2.5 Job Abandonment ...................................................................................................................... 45
7.3 DISCIPLINARY ACTION .................................................................................................................. 45
7.3.1 Right to Discipline & Discharge ................................................................................................. 45
7.3.2 Preliminary Notice ...................................................................................................................... 45
7.3.3 Disciplinary Action and Appeal .................................................................................................. 46
7.3.4 Harassment Policy ..................................................................................................................... 46
7.4 GRIEVANCE PROCEDURE ............................................................................................................. 46
7.4.1 Definition .................................................................................................................................... 46
7.4.2 Procedure .................................................................................................................................. 46
7.4.3 Arbitration................................................................................................................................... 47
7.4.4 General Provisions .................................................................................................................... 48
7.5 POSITION RECLASSIFICATION ....................................................................................................... 48
7.6 FURLOUGH PROGRAM .................................................................................................................. 48
7.6.1 Voluntary Time Off (VTO) .......................................................................................................... 48
7.6.2 Mandatory Time Off (MTO) ........................................................................................................ 49
7.7 REDUCTION IN FORCE .................................................................................................................. 50
7.7.1 Authority ..................................................................................................................................... 50
7.7.2 Notice ......................................................................................................................................... 50
7.7.3 Order of Layoff ........................................................................................................................... 50
7.7.4 Seniority ..................................................................................................................................... 50
7.7.5 Bumping Rights ......................................................................................................................... 50
7.7.6 Transfer Rights .......................................................................................................................... 50
7.7.7 Layoff Procedure Notification..................................................................................................... 51
7.8 RE-EMPLOYMENT ........................................................................................................................ 51
7.8.1 General Guidelines .................................................................................................................... 51
7.8.2 Right to Re-Employment ............................................................................................................ 51
7.8.3 Time Limits................................................................................................................................. 51
7.8.4 Availability .................................................................................................................................. 51
7.8.5 Probationary Status ................................................................................................................... 51
7.8.6 Restoration of Benefits .............................................................................................................. 51
1 GENERAL PROVISIONS ....................................................................................................... 5
1.1 INTRODUCTION ............................................................................................................................... 5
1.1.1 Scope of Agreement .................................................................................................................... 5
1.1.2 Term of MOU ............................................................................................................................... 5
1.2 RECOGNITION ................................................................................................................................ 5
1.2.1 Bargaining Unit ............................................................................................................................ 5
1.2.2 Notice to Employees .................................................................................................................... 5
1.3 NON-DISCRIMINATION .................................................................................................................... 5
1.3.1 In General .................................................................................................................................... 5
1.3.2 Union Discrimination .................................................................................................................... 6
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING ....................................................................... 6
1.5 EXISTING LAWS, REGULATIONS & POLICIES .................................................................................... 6
1.6 STRIKES & LOCKOUTS ................................................................................................................... 6
1.7 SEVERABILITY ............................................................................................................................... 6
1.8 PREVAILING RIGHTS ....................................................................................................................... 6
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER ............................................................................. 6
1.9.1 Understanding ............................................................................................................................. 6
1.9.2 Waiver & Modification .................................................................................................................. 6
2 MMBA ......................................................................................................................................... 7
2.1 UNION RIGHTS ............................................................................................................................... 7
2.1.1 Union Stewards Designation ....................................................................................................... 7
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SEIU 20241-20274
2.1.2 Bulletin Boards ............................................................................................................................. 7
2.1.3 New Members .............................................................................................................................. 7
2.1.4 Employee Information .................................................................................................................. 7
2.2 DUES DEDUCTION .......................................................................................................................... 7
2.2.1 Collection of Dues ........................................................................................................................ 7
2.2.2 Dues Collection during Separation from Employment ................................................................. 7
2.2.3 Indemnification ............................................................................................................................. 8
2.3 MANAGEMENT RIGHTS ................................................................................................................... 8
2.4 COMMENCEMENT OF NEGOTIATIONS ............................................................................................... 9
3 COMPENSATION .................................................................................................................... 9
3.1 GENERAL WAGES AND COMPENSATION .......................................................................................... 9
3.1.1 Pay Dates .................................................................................................................................... 9
3.1.2 General Wage Increase ............................................................................................................... 9
3.1.3 Compensation Goal & Definitions .............................................................................................. 10
3.1.4 Compensation Surveys .............................................................................................................. 11
3.1.5 Compensation Plan ................................................................................................................... 11
3.2 STEP INCREASES ......................................................................................................................... 11
3.2.1 Entry Level Step ........................................................................................................................ 11
3.2.2 Consideration for Step Increases .............................................................................................. 11
3.2.3 Merit Increases .......................................................................................................................... 11
3.2.4 Anniversary Date ....................................................................................................................... 12
3.2.5 Promotions ................................................................................................................................. 12
3.2.6 Performance Evaluations ........................................................................................................... 12
3.3 SALARY CHANGE ON RECLASSIFICATION ...................................................................................... 12
3.3.1 To a Lower Classification ........................................................................................................... 12
3.3.2 To a Different Classification with the Same Salary Range ........................................................ 12
3.3.3 To a Higher Classification .......................................................................................................... 12
3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS ........................................................................ 13
3.4.1 Out of Class Compensation ....................................................................................................... 13
3.4.2 Shift Differential Pay .................................................................................................................. 13
3.4.3 Court Pay ................................................................................................................................... 13
3.5 ADDITIONAL PAY ......................................................................................................................... 14
3.5.1 Educational Reimbursement – Miscellaneous Unit ................................................................... 14
3.5.2 Educational Reimbursement – Supervisory Unit ....................................................................... 14
3.5.3 Bilingual Pay – Miscellaneous Employees ................................................................................ 14
3.5.4 Bilingual Pay – Supervisory Unit ............................................................................................... 15
3.5.5 Garage Employees Uniform Maintenance Program .................................................................. 15
3.5.6 Sewer Employees Uniform Maintenance Program ................................................................... 15
3.5.7 Uniform Allowance ..................................................................................................................... 15
3.5.8 Uniform Jacket Cleaning Allowance .......................................................................................... 16
3.5.9 Mechanical Tool Allowance ....................................................................................................... 17
3.5.10 Holiday Pay ................................................................................................................................ 17
4 BENEFITS ............................................................................................................................... 17
4.1 EMPLOYEE BENEFITS COMMITTEE ................................................................................................ 17
4.2 HEALTH & WELFARE .................................................................................................................... 17
4.2.1 Full Flex Cafeteria Plan ............................................................................................................. 17
4.2.2 Retirees Health Insurance ......................................................................................................... 18
4.2.3 Health and Dependent Care Spending Accounts ...................................................................... 19
4.2.4 Health Insurance Providers ....................................................................................................... 19
4.3 DENTAL PLAN .............................................................................................................................. 19
4.4 VISION CARE PLAN ...................................................................................................................... 20
4.5 LIFE INSURANCE .......................................................................................................................... 20
4.6 LONG TERM DISABILITY INSURANCE ............................................................................................. 20
4.7 RETIREMENT CONTRIBUTION ........................................................................................................ 20
4.7.1 City Paid Employee Retirement (City Paid Member Contribution) ............................................ 20
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SEIU 20241-20274
4.7.2 Retirement Plans ....................................................................................................................... 20
4.7.3 Member Cost of Living Rates .................................................................................................... 20
4.8 STATE DISABILITY INSURANCE (SDI) ............................................................................................ 21
5 LEAVES ..................................................................................................................................... 21
5.1 SICK LEAVE ................................................................................................................................. 21
5.1.1 Eligibility ..................................................................................................................................... 21
5.1.2 Sick Leave Accrual .................................................................................................................... 22
5.1.3 Use of Sick Leave ...................................................................................................................... 22
5.1.4 Advance of Sick Leave .............................................................................................................. 22
5.1.5 Service Credit for Sick Leave .................................................................................................... 22
5.1.6 Compensation for Unused Portion ............................................................................................ 22
5.2 VACATION LEAVE......................................................................................................................... 23
5.2.1 Eligibility ..................................................................................................................................... 23
5.2.2 Rate of Accrual .......................................................................................................................... 23
5.2.3 Administration of Vacation Leave .............................................................................................. 23
5.2.4 Vacation Cash-In ....................................................................................................................... 24
5.3 HOLIDAYS .................................................................................................................................... 24
5.3.1 Paid Holidays ............................................................................................................................. 24
5.4 OTHER LEAVE ............................................................................................................................. 25
5.4.1 Personal Leave – Supervisory Unit ........................................................................................... 25
5.4.2 Safety Holiday ............................................................................................................................ 25
5.4.3 Bereavement Leave ................................................................................................................... 25
5.4.4 Jury Duty .................................................................................................................................... 25
5.4.5 Military Leave ............................................................................................................................. 25
5.4.6 Leave of Absence Without Pay ................................................................................................. 26
5.4.7 Industrial Injury Leave ................................................................................................................ 26
5.4.8 Family Medical Leave ................................................................................................................ 26
5.4.9 Catastrophic Leave .................................................................................................................... 26
6 TERMS & CONDITIONS OF EMPLOYMENT ................................................................. 27
6.1 HOURS OF WORK ......................................................................................................................... 27
6.2 OVERTIME ................................................................................................................................... 27
6.3 COMPENSATORY TIME POLICY ..................................................................................................... 27
6.3.1 Accrual Limit .............................................................................................................................. 27
6.3.2 Overtime Rate ............................................................................................................................ 27
6.4 STAND BY OR CALL BACK DUTY .................................................................................................. 28
6.4.1 Compensation When Assigned to Standby Duty – All Departments except Sanitation ............ 28
6.4.2 Compensation When Assigned to Standby Duty – Sanitation Department .............................. 28
6.4.3 Compensation When Not Assigned to Call Back Duty .............................................................. 29
6.4.4 Minimum Payment for Call Out .................................................................................................. 29
6.4.5 Standby Residency and Cell Phones ........................................................................................ 29
6.5 DOT AND CLASS B REQUIREMENTS ............................................................................................. 29
6.6 PROBATIONARY PERIOD .................................................................................................................... 30
6.6.1 Purpose of Probation ................................................................................................................... 30
6.6.2 Length of Probationary Period ..................................................................................................... 30
6.6.3 Rejection During Probation .......................................................................................................... 30
6.6.4 Notification of Rejection ............................................................................................................... 30
6.6.5 Extension of Probationary Period ................................................................................................ 30
6.6.6 Regular Status ............................................................................................................................. 30
6.6.7 Promotion of Probationary Employee .......................................................................................... 30
6.6.8 Unsuccessful Passage of Promotional Probation ....................................................................... 30
6.6.9 Lateral Transfer Probation ........................................................................................................... 31
6.7 TRANSFERS / REASSIGNMENTS ........................................................................................................... 31
6.7.1 Types of Transfers ....................................................................................................................... 31
6.7.2 Minimum Qualifications & Probation ............................................................................................ 31
6.7.3 Transfer Procedures .................................................................................................................... 31
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SEIU 20241-20274
6.8 PERSONNEL RULES & REGULATIONS ................................................................................................. 31
6.8.1 Drug & Alcohol Policy .................................................................................................................. 32
6.8.2 Confidential Nature of Personnel Records .................................................................................. 32
6.8.3 Confidential Nature of Medical Records ...................................................................................... 32
6.8.4 Outside Employment Policy ......................................................................................................... 32
6.8.5 Use of City Vehicle ...................................................................................................................... 32
6.8.6 Wireless Communication Policy .................................................................................................. 32
6.8.7 Safety Policy ................................................................................................................................ 32
6.8.8 Materials Relating to Disciplinary Action ..................................................................................... 32
6.9 MISCELLANEOUS ................................................................................................................................ 33
6.9.1 Hazardous Materials .................................................................................................................... 33
6.9.2 Gratuities / Solicitation of Contributions ....................................................................................... 33
6.9.3 Return of City Equipment............................................................................................................. 33
6.9.4 Political Activity ............................................................................................................................ 33
6.9.5 Employment of Relatives ............................................................................................................. 33
6.9.6 Labor / Management Meetings .................................................................................................. 33
6.9.7 Contract Orientation Work Sessions ......................................................................................... 34
6.9.8 Temp Seasonal Employees ....................................................................................................... 34
6.9.9 Gym Reimbursement ................................................................................................................. 34
7 PROCEDURES ....................................................................................................................... 34
7.1 DEMOTION & SUSPENSION ........................................................................................................... 34
7.1.1 Demotion .................................................................................................................................... 34
7.1.2 Suspension ................................................................................................................................ 34
7.2 TERMINATION OF EMPLOYMENT .................................................................................................... 34
7.2.1 Resignation ................................................................................................................................ 34
7.2.2 Termination - Layoff (Lack of work or funds) ............................................................................. 35
7.2.3 Termination - Disciplinary Action ............................................................................................... 35
7.2.4 Retirement ................................................................................................................................. 35
7.2.5 Job Abandonment ...................................................................................................................... 35
7.3 DISCIPLINARY ACTION .................................................................................................................. 35
7.3.1 Right to Discipline & Discharge ................................................................................................. 35
7.3.2 Preliminary Notice ...................................................................................................................... 36
7.3.3 Disciplinary Action and Appeal .................................................................................................. 36
7.3.4 Harassment Policy ..................................................................................................................... 36
7.4 GRIEVANCE PROCEDURE ............................................................................................................. 36
7.4.1 Definition .................................................................................................................................... 36
7.4.2 Procedure .................................................................................................................................. 37
7.4.3 Arbitration................................................................................................................................... 37
7.4.4 General Provisions .................................................................................................................... 38
7.5 POSITION RECLASSIFICATION ....................................................................................................... 38
7.6 FURLOUGH PROGRAM .................................................................................................................. 38
7.6.1 Voluntary Time Off (VTO) .......................................................................................................... 39
7.6.2 Mandatory Time Off (MTO) ........................................................................................................ 39
7.7 REDUCTION IN FORCE .................................................................................................................. 40
7.7.1 Authority ..................................................................................................................................... 40
7.7.2 Notice ......................................................................................................................................... 40
7.7.3 Order of Layoff ........................................................................................................................... 40
7.7.4 Seniority ..................................................................................................................................... 40
7.7.5 Bumping Rights ......................................................................................................................... 41
7.7.6 Transfer Rights .......................................................................................................................... 41
7.7.7 Layoff Procedure Notification..................................................................................................... 41
7.8 RE-EMPLOYMENT ........................................................................................................................ 41
7.8.1 General Guidelines .................................................................................................................... 41
7.8.2 Right to Re-Employment ............................................................................................................ 41
7.8.3 Time Limits................................................................................................................................. 41
7.8.4 Availability .................................................................................................................................. 41
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SEIU 20241-20274
7.8.5 Probationary Status ................................................................................................................... 41
7.8.6 Restoration of Benefits .............................................................................................................. 42
LIST OF EXHIBITS
Exhibit A Salary Schedule for July 1, 20241 – June 30, 20274
Exhibit B Benchmarks and Internal Relationships Table
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SEIU 20241-20274
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SEIU LOCAL 1021
This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500,
et seq. of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment for the employees in said representation unit, and have freely
exchanged information, opinions and proposals and have reached agreement on all matters
relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the City of San
Rafael as the joint recommendation of the undersigned parties for salary and employee benefit
adjustments for the period commencing July 1, 20241 and ending June 30, 20274. When
ratified by the Local 1021 Bargaining Unit membership and approved by City Council, this
Memorandum of Understanding shall be binding upon the SEIU Local 1021, the employees it
represents, and the City of San Rafael.
7 GENERAL PROVISIONS
7.1 INTRODUCTION
7.1.1 Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed
upon by the designated bargaining representatives of the City of San Rafael (herein-after called
"CITY") and SEIU 1021 (herein-after called "UNION") and shall apply to all employees of the
City working in the classifications and bargaining unit set forth herein.
7.1.2 Term of MOU
This agreement shall be in effect from July 1, 20241 through June 30, 20274
7.2 RECOGNITION
7.2.1 Bargaining Unit
City hereby recognizes Union as bargaining representative for purpose of establishing salaries,
hours, fringe benefits and working conditions for all employees within the Miscellaneous and
Supervisory Bargaining Units. (As referenced in Exhibit "A" attached).
7.2.2 Notice to Employees
Whenever a person is hired in any of the job classifications set forth herein, City shall notify
such person that the Union is the recognized bargaining representative for employees in that
classification.
7.3 NON-DISCRIMINATION
7.3.1 In General
The parties to this contract agree that they shall not, in any manner, discriminate against any
person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual
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SEIU 20241-20274
orientation, perceived sexual orientation, gender, gender expression, gender identity, marital
status, medical condition (cancer-related or genetic characteristics), genetic information
(including family medical history) or physical or mental disability. Any employee alleging such
discrimination should use the internal, administrative process explained in the City of San
Rafael’s Policy against Harassment, Discrimination and Retaliation to redress the situation.
Such employees shall be entitled to Union representation.
7.3.2 Union Discrimination
No member, official, or representative of the Union 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 Union.
7.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Union agree to keep duplicate originals of this Memorandum on file in a
readily accessible location available for inspection by any employee or member of the public
upon request.
7.5 EXISTING LAWS, REGULATIONS & POLICIES
This agreement is subject to all applicable laws of the State of California, ordinances,
regulations, and policies of the City of San Rafael.
7.6 STRIKES & LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out employees, and the
Union agrees that it will not agree to, encourage or approve any strike or slowdown growing out
of any dispute relating to the terms of this Agreement. The Union will take whatever lawful
steps are necessary to prevent any interruption of work in violation of this Agreement,
recognizing with the City that all matters of controversy within the scope of this Agreement shall
be settled by established procedures set forth in the City's charter, ordinances, and regulations,
as may be amended from time to time.
7.7 SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation
of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of
any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not
be affected thereby, and the parties shall, if possible, enter into meet-and-confer sessions for
the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or
section.
7.8 PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted
through rules, regulation, ordinance or resolution, which are not specifically superseded by this
Memorandum of Understanding, shall remain in full force and effect throughout the term of this
Agreement.
7.9 FULL UNDERSTANDING, MODIFICATION, WAIVER
7.9.1 Understanding
The parties jointly represent to the City Council that this Memorandum of Understanding sets
forth the full and entire understanding of the parties regarding the matters set forth herein.
7.9.2 Waiver & Modification
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SEIU 20241-20274
Except as specifically otherwise provided herein, it is agreed and understood that each party
hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be
required to meet and confer with respect to any subject or matter covered herein, nor as to
wages or fringe benefits during the period of the term of this Memorandum.
The foregoing shall not preclude the parties hereto from meeting and conferring at any time
during the term of this Agreement with respect to any subject matter within the scope of meeting
and conferring by mutual agreement.
8 MMBA
8.1 UNION RIGHTS
8.1.1 Union Stewards Designation
The Union shall, by written notice to the City Manager, designate certain of its members as
Union Stewards. Union Stewards shall be permitted reasonable time for Union activities
including grievance representation. In all cases, the Stewards shall secure permission from the
Stewards’ supervisor before leaving a work assignment. Such permission shall not be
unreasonably withheld.
Union Stewards for salary discussions shall be in accordance with the Meyers-Milias-Brown
(MMBA) Act.
8.1.2 Bulletin Boards
Authorized representatives of the Union shall be allowed to post Union notices on specified
bulletin boards maintained on City premises.
8.1.3 New Members
Whenever the City hires an employee within any classification covered by this Memorandum of
Understanding and represented by the Union, the City will inform the employee, as soon as
possible, of the terms and provisions of this Memorandum of Understanding and will provide
said employee with a copy of the current Memorandum of Understanding. The City shall make
available up to forty-five (45)30 minutes, at a mutually agreeable time, during the initial within
thirty (30) days of the City’s notice of a new employee to the Union employment for a new
employee orientation by the Union. The City and the Union intend that time (i.e., up to 4530
minutes) will occur at employee orientation whenever possible.
The City will provide reasonable advance notice to the Union of employee orientations
conducted by the City. The Union Representative shall receive not less than 10 days' notice in
advance of a City orientation, except that a shorter notice may be provided in a specific instance
where there is an urgent need critical to the City’s operations that was not reasonably
foreseeable. The structure, time, and manner of Union Representative access shall be
determined through mutual agreement between the City and the Union.
If the City has not conducted an in-person new employee orientation within 30 days of a newly
hired employee's start date, and the new employee is working in person, the Union
Representative shall be entitled to schedule an in-person meeting at the worksite during
employment hours, during which newly hired employees shall have the opportunity to attend
and shall be relieved of other duties for the purpose of attending the meeting.
8.1.4 Employee Information
The City shall provide the Union with the name, job title, department, work location, work, home
and personal cell phone numbers, home address, and personal email address hire date and
pay rate on file with the City for all employees within the Union every 120 days. In addition, a
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SEIU 20241-20274
report with similar information of each Union new hire will be provided to the Union within 30
days of the hire date.
If the City updates its human resources management system, then the City will notify SEIU
within 30-days of transferring to the new system of any additional reports that can be run from
the system. After the City provides SEIU with this notice, then either Party may request to open
this section for further negotiations.
8.1.5 Union Meeting Space
Upon Union's request, the City shall provide meeting space outside working hours, provided
such space is available and Union complies with all departmental rules and City policies.
Request for use of facilities may be made in advance to the Department Head, or designee, and
will indicate the date, time, and general purpose of the meeting and facilities needed.
8.1.6 Union Communications
The City’s communication infrastructure (e.g. City email, postal mail, phone, or online
messaging service) may be used for communication between bargaining unit members and
Union Representatives. The Union understands that the management of the communication
infrastructure is a matter within the discretion of the City. Union Representatives acknowledge
they must adhere to all City computer use and privacy policies.
8.2 DUES DEDUCTION
8.2.1 Collection of Dues
City agrees to deduct dues and voluntary union deductions selected by members, as
established by the Union, from the salaries of its members. The sums so withheld shall be
remitted by City, without delay, along with a list of employees and their respective dues and
voluntary deductions. Union bears responsibility for allocating dues and voluntary deductions
pursuant to employees’ requests.
8.2.2 Dues Collection during Separation from Employment
The provisions specified above (Section 2.2.1.) shall not apply during periods of separation from
the 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.
8.2.3 Indemnification
Moneys withheld by the City shall be transmitted to the Treasurer of the Union at the address
specified. The Union 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 Union shall refund to the City any amount
paid to it in error upon presentation of supporting evidence.
8.3 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, all rights of management
which have not been expressly abridged by specific provision of this Memorandum of
Understanding or by law to manage the City, as such rights existed prior to the execution of this
Memorandum of Understanding. The sole and exclusive rights of management, as they are not
abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy;
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SEIU 20241-20274
2. To determine the existence of facts which are the basis of the management decision;
3. To determine the necessity of any organization or any service or activity conducted by
the City and expand or diminish services;
4. To determine the nature, manner, means, technology and extent of services to be
provided to the public;
5. Methods of financing;
6. Types of equipment or technology to be used;
7. To determine and/or change the facilities, methods, technology, means and size of the
work force by which the City operations are to be conducted;
8. To determine and change the number of locations, re-locations and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to, the right (after effect bargaining) to contract for or subcontract any work or
operation of the City;
9. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments;
10. To relieve employees from duties for lack of work or other legitimate reasons;
11. To discharge, suspend, demote or otherwise discipline employees for proper cause in
accordance with the provisions and procedures set forth in City Personnel Rules and
Regulations and this MOU;
12. To determine job classifications and to reclassify employees;
13. To hire, transfer, promote and demote employees in accordance with this Memorandum
of Understanding and the City's Rules and Regulations;
14. To determine policies, procedures and standards for selection, training and promotion of
employees;
15. To establish and modify employee and organizational performance and productivity
standards and programs including but not limited to, quality and quantity standards; and
to require compliance therewith;
16. To maintain order and efficiency in its facilities and operations;
17. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement;
18. To take any and all necessary action to carry out the mission of the City in emergencies.
The City and the Union agree and understand that if, in the exercise of any of the rights set forth
above, the effect of said exercise of rights by the City impacts an area within the scope of
representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts,
and/or Federal law, the City shall have the duty to meet and confer with the Union regarding the
impact of its decision/exercise of rights.
8.4 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 Union through the submittal of potential meeting
dates.
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9 COMPENSATION
9.1 GENERAL WAGES AND COMPENSATION
9.1.1 Pay Dates
City employees are paid twice per month on the 15th and the last working day of the month.
When a payday falls on a holiday, 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 the distributing 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) for all classifications except Child Care
Instructor I and II. 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 Appendix 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 annual number of work hours per year for the classifications of Child Care Instructor I and II
shall be 1,820 hours per year (35 hours per week times 52 week per year equals 1,820 hours).
Each semi-monthly pay period is calculated at 75.53 hours (1,820 hours divided by 24 pay
periods). The hourly rate of pay is calculated by multiplying the monthly rate of pay identified in
Appendix A times 12 months to equal the annual rate of pay, divided by 1,820 hours in a work
year, to equal the hourly rate of pay.
The City will modify its pay schedule to 26 pay periods effective when administratively feasible
subject to addressing technical issues and reaching agreement with all bargaining groups.
9.1.2 General Wage Increase
The City shall provide the following salary increases at the following rates by benchmark in each
year of the MOU:
Accounting Assistant II
• Effective July 1, 20212024, a 1.63.0% general salary increase plus 1.652.0% equity
adjustment (a 3.255.0% total wage increase).
• Effective July 1, 20222025, a 1.63.0% general salary increase plus 1.40% equity
adjustment (a 34.0% total wage increase).
• Effective July 1, 20232026, a 1.63.0% general salary increase plus 1.40% equity
adjustment (a 34.0% total wage increase).
Administrative Assistant II
• Effective July 1, 20212024, a 1.63.0% general salary increase plus 1.652.0% equity
adjustment (a 3.255.0% total wage increase).
• Effective July 1, 20222025, a 1.63.0% general salary increase plus 1.40% equity
adjustment (a 34.0% total wage increase).
• Effective July 1, 20212026, a 1.63.0% general salary increase plus 1.40% equity
adjustment (a 34.0% total wage increase).
Associate Planner
• Effective July 1, 20212024, a 1.63.0% general salary increase plus 2.40% equity
adjustment (a 45.0% total wage increase).
• Effective July 1, 20222025, a 1.63.0% general salary increase plus 2.151.0% equity
adjustment (a 3.754.0% total wage increase).
• Effective July 1, 20232026, a 1.63.0% general salary increase plus 1.650% equity
adjustment (a 3.254.0% total wage increase).
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Library Assistant II
• Effective July 1, 20212024, a 1.63.0% general salary increase plus 2.49.0% equity
adjustment (a 412.0% total wage increase).
• Effective July 1, 20222025, a 1.63.0% general salary increase plus 2.153.0% equity
adjustment (a 3.756.0% total wage increase).
• Effective July 1, 20232026, a 1.63.0% general salary increase plus 1.653.0% equity
adjustment (a 3.256.0% total wage increase).
Parking Enforcement Officer
• Effective July 1, 20212024, a 1.63.0% general salary increase plus 1.652.0% equity
adjustment (a 3.255.0% total wage increase).
• Effective July 1, 20222025, a 1.63.0% general salary increase plus 1.40% equity
adjustment (a 34.0% total wage increase).
• Effective July 1, 20232026, a 1.63.0% general salary increase plus 1.40% equity
adjustment (a 34.0% total wage increase).
Street Maintenance Supervisor
Effective July 1, 20212024, a 1.63.0% general salary increase plus 2. 10% equity
adjustment (a 3.705.0% total wage increase).
Effective July 1, 20222025, a 1.63.0% general salary increase plus 1.90% equity
adjustment (a 3.504.0% total wage increase).
Effective July 1, 20232026, a 1.63.0% general salary increase plus 1.91.0% equity
adjustment (a 3.504.0% total wage increase).
Child Care Director, Child Care Instructor I/II
Effective July 1, 2024, a 3.0% general salary increase plus 9. 0% equity adjustment
(a 12.0% total wage increase).
Effective July 1, 2025, a 3.0% general salary increase plus 3.0% equity adjustment
(a 6.0% total wage increase).
Effective July 1, 2026, a 3.0% general salary increase plus 3.0% equity adjustment
(a 6.0% total wage increase)
The parties agree to reopen negotiations during the term of the MOU to continue to
discuss appropriate adjustments for the Child Care Director benchmark. COLA and
Equity adjustments for this benchmark shall not preclude further wage adjustments.
The parties acknowledge that future compensation adjustments will also be based on
Council approval of any side letter to the MOU in open session and based on
Council’s approval of any additional rate increases to the Childcare Program to
ensure that it is funded.
For all other classifications that are not linked to benchmark positions
Effective July 1, 2024, a 3.0% general salary increase plus 2. 0% equity adjustment
(a 5.0% total wage increase).
Effective July 1, 2025, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase).
Effective July 1, 2026, a 3.0% general salary increase plus 1.0% equity adjustment
(a 4.0% total wage increase)
9.1.3 Compensation Goal & Definitions
It is the goal of the City to try to achieve a total compensation package for all employees
represented by the Union in an amount equal to the following:
1. The average plus one dollar to the total compensation paid to the same or similar
classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San Leandro,
South San Francisco, Alameda, Napa, Novato and Santa Rosa; and,
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2. The highest total compensation paid to the same or similar classifications in the following
agencies in Marin County: 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 toward insurance premiums for health, life, long term
disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.
9.1.4 Compensation Surveys
To measure progress towards the above-stated goal, the City and the Union will jointly survey
the identified benchmark positions, which are identified in the SEIU 1021 Represented
Benchmarks and Internal Relationships Table attached as Exhibit "B" and included as part of
this MOU, in September January of the final year of this Agreement.
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 Union shall review the benchmark and related survey data for accuracy and
completeness.
9.1.5 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.
9.2 STEP INCREASES
9.2.1 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
his/hertheir 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.
9.2.2 Consideration for Step Increases
An employee may be considered for a salary step increase in accordance with the time interval
established in the salary plan as referenced in Exhibit "A". Unless otherwise noted, salary step
increases within established salary ranges are scheduled at yearly intervals. Advancement to a
higher salary step within an established salary range is granted for continued improvements and
efficient and effective work by the employee in the performance of his/hertheir duties.
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9.2.3 Temporary Merit Increases
TemporaryAccelerated merit performance step increases of five percent (5%) may be granted to
an employee for temporary work performed beyond their current classification based upon the
recommendation of the Department Director and approval of the City Manager. Employees at
the maximum step of their salary range may be granted a merit performance step increase of
five percent (5%) above and beyond their salary range. A merit step increase may be effective
for up to one (1) year. A merit step increase may be withdrawn and is not a disciplinary action
and is not appealable. A temporary merit increase may be withdrawn and is not a disciplinary
action and is not appealable.
9.2.4 Anniversary Date
Based upon job performance, as measured by a Performance Evaluation, employees may
receive consideration for a step increase within their salary range on their anniversary date.
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.
9.2.5 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).
9.2.6 Performance Evaluations
Upon completion of the probationary period, a performance evaluation shall be prepared and
reviewed on or before the anniversary date and yearly thereafter as a means of determining
whether a step increase is merited, and/or as a means of improving employee performance and
communication between supervisors and subordinates.
Employees who receive a satisfactory or above rating on their performance evaluation shall
receive a step increase. In the event the performance evaluation occurs after the anniversary
date and the evaluation is rated satisfactory or above, the step increase shall be retroactive to
the anniversary date.
If a performance evaluation is past due by more than 60 days the City shall process a Personnel
Action Report (PAR) moving the employee to the next step in the salary range provided the
Department Director provides a written statement to the Human Resources Director indicating
that the employee’s performance is satisfactory or above. The Human Resources Director will
work with the employee’s supervisor to have a performance evaluation completed as soon as
possible.
9.3 SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified, the incumbent shall be affected as outlined below:
9.3.1 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
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.
9.3.2 To a Different Classification with the Same Salary Range
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When a position is reallocated to a different classification with the same salary range, the
incumbent shall be granted the same status in the new classification, in which he/shethey shall
be paid at the same step of the range and shall maintain the same salary rights.
9.3.3 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.
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, she/he is assigned to the position vacated by the promotion.
9.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
9.4.1 Out of Class Compensation
Employees assigned in writing by their supervisor to perform work in a higher paid classification,
shall be compensated at a rate 5% greater than the employee's current base salary. Eligibility
for out-of-class compensation requires a minimum assignment of five (5) consecutive days. The
out-of-class increase shall be retroactive to the first day of the assignment However, when an
employee is moving from a nonlead/supervisory to a lead/supervisory role, the out-of-class pay
becomes effective on the first day of the assignment and the five (5) day minimum requirement
does not apply. 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. The Department Director is required to complete a Personnel Action Report (PAR),
located on the HR page of the Intranet, to initiate out-of-class compensation.
In the event a Parking Enforcement Officer is assigned “field training” duties, the City shall
consider this as “out of class” work and the assigned Parking Enforcement Officer will receive
5% of their current pay as compensation for the hours worked in this assignment.
9.4.2 Shift Differential Pay
a. A three percent (3%) shift differential shall be paid for all employees in the
represented bargaining group who are regularly scheduled to work fifty percent
(50%) or more of their shift between the hours of 5:00 p.m. and 11:00 p.m.
b. A five percent (5%) shift differential shall be paid for all employees in the represented
bargaining group who are regularly scheduled to work fifty percent (50%) or more of
their shift between the hours of 11:00 p.m. and 7:00 a.m.
c. Employees in job classes not identified in this section who are assigned to work the
swing or graveyard shift time periods on a temporary basis and/or on an overtime
basis are excluded from shift differential pay for those time periods.
d. Shift differential shall not be considered an additional percentage on salary for
personnel involved but shall apply only to hours actually worked; e.g., differential
does not apply to sick leave, vacation or compensatory time, but does include
overtime for employees regularly assigned to the swing or graveyard shifts.
d.e. Childcare Instructor I/IIs covered by this MOU who have a two-hour or more
break in shifts during the same day will receive a .5 hour premium pay for that day.
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9.4.3 Court Pay
Parking Enforcement Officers who are required, in the course and scope of their official
employment, to appear in court or other official hearings other than during his/hertheir work
week schedule, shall receive a minimum of four hours pay if that appearance is on a scheduled
day off. If a court appearance is required on a scheduled work day, and such appearance
commences one half (1/2) hour after completion of an employee’s shift, then the employee shall
be compensated at the overtime rate for actual time spent, beginning at the conclusion of the
regular shift hours and ending upon his/hertheir release from the court or hearing office.
9.4.4 Change of Shift
A shift change is defined as a change in the hours of work in a day and/or the days of work in a
week. This section is not to be used to change employee’s schedules or shift in order to avoid
the payment of overtime.
The City shall provide unit members with notice of any changes to their regularly scheduled
shifts prior to the beginning of the work week and not less than 72-hours to when the shift
change is scheduled to occur.
The City is not required to provide the above-described advance notice of a shift change when a
shift change is made in response to an emergency event, including but not limited to an event
that poses immediate danger to live or property or a natural disaster.
In the event that the City is not able to provide notice as described above, then the employee
shall be paid a premium of one and one-half times the regular rate of pay for the hours worked
outside of their regularly scheduled shift.
9.5 ADDITIONAL PAY
9.5.1 Educational Reimbursement – Miscellaneous Unit
The Educational Reimbursement is $200/fiscal year, maximum, with the City's payment not to
exceed 75% of the cost. Educational Reimbursement is available to employees who
satisfactorily (grade of C or better, Pass or Complete) complete a course or courses that are
pre-determined to be job related and/or that will assist the employee to prepare for career
advancement in his/hertheir field. To be eligible, employees must have completed probation at
the time of the reimbursement, which is made at the end of the semester.
The Educational Reimbursement Program will include reimbursement for professional
membership dues for work-related organizations for employees in the “Administrative” or
"Professional" sections of the Miscellaneous Bargaining Unit. Prior supervisory approval is
necessary to be eligible for reimbursement. The total reimbursable amount remains at
$200/fiscal year.
9.5.2 Educational Reimbursement – Child Care Unit
An Educational Reimbursement Program is available to employees for courses that are: job
related, assist the employee in meeting requirements and/or prepare the employee for career
advancement in the childcare field.
The reimbursement may not exceed 75% for the cost of the course, up to $300 per fiscal year
maximum. The Educational Reimbursement Program also includes an additional reimbursement
of up to $60 per fiscal year for professional membership dues for work-related organizations for
employees.
To be eligible to receive reimbursement under this program the employee must:
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a. submit a written request and receive prior approval from the Recreation
Supervisor for the Childcare Program;
b. be regularly scheduled to work 20 hours or more per week;
c. have completed initial probation before reimbursement is received; and
satisfactorily complete the course.
9.5.29.5.3 Educational Reimbursement – Supervisory Unit
The Educational Reimbursement Program is $225 per fiscal year. This reimbursement is
available to employees who have satisfactorily (grade of C or better, Pass or Complete)
completed a course or courses that are predetermined to be job-related and/or that will assist
the employee to prepare for career advancement in his/hertheir field. To be eligible, employees
must have completed probation at the time of the reimbursement, which is made at the end of
the semester.
The Educational Reimbursement Program will accommodate reimbursement of up to $100 per
fiscal year for professional membership dues for work-related organizations for employees in
the "Administrative", "Professional", or "Library" sections of the Supervisory Bargaining Unit.
Prior supervisory approval is necessary to be eligible for reimbursement. The total reimbursable
amount remains at $225 per fiscal year.
9.5.39.5.4 Bilingual Pay – Miscellaneous Employees
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 to his/hertheir 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.
An employee approved for the bilingual pay incentive shall receive an additional $150.00 per
month above their base salary. Part-time employees will be pro-rated for this incentive based
on their full-time equivalency (FTE).
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.
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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.
9.5.4 Bilingual Pay – Supervisory Unit
Within the Supervising Librarian and the Librarian I/II classification, the Library Director shall
establish one position eligible to receive $150.00 per month Bilingual Pay Differential. This
bilingual pay shall become effective the first payroll period after the designated employee takes
and passes an approved proficiency examination.
The employee must be certified as sufficiently fluent in a language deemed to be of work value
to the Library as determined by the Library Director and approved by the City Manager. Fluency
certification may be obtained by either passing a department approved proficiency test or
submitting a current (no more than one year old) certificate of satisfactory proficiency/fluency
from a department approved agency or school. It is agreed that annual re-certification of
fluency is required to continue receiving the Bilingual Pay Differential. Fluency in more than one
foreign language does not entitle an employee to more than one $150.00 per month differential.
9.5.5 Garage Employees Uniform Maintenance Program
Uniform shirts, pants and coveralls will be provided. The City installed laundered facilities on-
site and the maintenance employees of the Garage work units will self-launder their uniforms.
9.5.6 Sewer Employees Uniform Maintenance Program
Uniform shirts, pants and coveralls will be provided and laundered for the maintenance
employees of the Sanitation Department.
9.5.7 Uniform Allowance
Maintenance employees in Parks, Streets, Building Maintenance and Community Services who
must wear uniforms shall receive a uniform allowance in the amount of $157.50 at the
completion of each six (6) months of service ending June 30th and December 31st. A pro-ration
at the rate of $26.25/month may be given with the recommendation of the Department Director
and the approval of the City Manager. Uniforms and gear must be in accordance with the
departmental dress code and safety requirements.
Parking lot attendants and parking maintenance staff will be provided with shirts, hats and
jackets by the City if they are required by the City to wear them.
The Environmental Management Coordinator, the Emergency Management Coordinator,
Parking Maintenance staff and Fire Prevention Inspector I/II employees, if required to wear a
uniform which is not provided by the City, shall receive an annual uniform allowance of $445 per
year, paid in two installments, in June and December.
Parking Enforcement Officers (PEOs) shall receive an annual uniform allowance of $445 per
year, paid in two installments, in June and December. PEOs shall have utility and rain gear
provided by the City.
Note: While the 6-month periods end June 30th and December 31st, the actual payments of the
uniform allowance are provided on the first paycheck in June and the first paycheck in
December.
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A safety boot allowance of $200 $400 per Fiscal Yyear payable on the first paycheck in
December shall be issued to employees in the following job classifications who shall be required
to wear safety boots:
2119 CONSTRUCTION INSPECTOR- SRSD
7224 CUSTODIAN
7120 EMERGENCY MANAGEMENT COORDINATOR
1201 ENVIRONMENTAL MANAGEMENT COORDINATOR
7231 EQUIPMENT SERVICE ATTENDANT
7232 FACILITY REPAIR SUPERVISOR
7291 FACILITY REPAIR WORKER I
7233 FACILITY REPAIR WORKER II
7294 FACILITY REPAIR WORKER III
7108 FIRE PREVENTION INSPECTOR I
7107 FIRE PREVENTION INSPECTOR II
6212 PARKING EQUIPMENT TECHNICIAN
7256 PARK EQUIPMENT MECHANIC
7271 PARKS MAINT. SUPERVISOR
7236 PARKS MAINTENANCE WORKER I
7238 PARKS MAINTENANCE WORKER II
2123 PARKS LEAD MAINTENANCE WORKER
6208 PARKING ENFORCEMENT OFFICER
7290 PUBLIC WORKS DISPATCHER
7253 PUBLIC WORKS INSPECTOR
7266 SEWER MAINTENANCE WORKER I
7267 SEWER MAINTENANCE WORKER II
2204 SEWER LEAD MAINTENANCE WORKER
7281 SEWERS SUPERVISOR
7269 SHOP & EQUIPMENT SUPERVISOR
7209 STREET MAINTENANCE SUPERVISOR
7250 STREET MAINTENANCE WORKER I
7251 STREET MAINTENANCE WORKER II
7280 STREET LEAD MAINTENANCE WORKER
7288 SUPERVISING VEHICLE EQUIPMENT MECHANIC
7283 SWEEPER OPERATOR
7286 VEHICLE EQUIPMENT MECHANIC I
7287 VEHICLE EQUIPMENT MECHANIC II
9.5.8 Uniform Jacket Cleaning Allowance
Maintenance employees of the Sewer work unit, including the Sewer Maintenance Supervisor,
will receive a work jacket cleaning allowance of $60.00 at the completion of each six (6) months
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of service ending June 30th (paid on the June 15th paycheck) and December 31st (paid on the
December 15th paycheck). A pro-ration of $10.00/month may be given with the approval of the
Department Director.
9.5.9 Mechanical Tool Allowance
The City will provide a tool allowance of $400/fiscal year for Vehicle Equipment Mechanics, the
Equipment Service Attendant, the Shop and Equipment Supervisor, and the Parks Mechanic for
tools purchased for use in the course of City work. This tool allowance will be issued during the
month of July. Employees who receive the tool allowance are not eligible to receive
reimbursement for lost or broken tools.
9.5.10 Holiday Pay
Parking Enforcement Officers shall receive holiday pay if a holiday falls on their regular day off.
If the holiday falls on a day which they are scheduled to work, they will be paid for the holiday
automatically. The employee will use additional hours of vacation, comp, float or unpaid leave to
complete his or hertheir regularly scheduled work day.
10 BENEFITS
10.1 EMPLOYEE BENEFITS COMMITTEE
Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of
benefit programs, cost containment and cost savings options. The Committee shall be made up
of representatives of the SEIU, Western Council of Engineers, Local 1 - Confidential, Police
Officers Association, Police Mid-Managers Association, Firefighters’ Association, Fire Chief
Officers Association, Mid-Management and Management employees.
10.2 HEALTH & WELFARE
10.2.1 Full Flex Cafeteria Plan
Effective January 1, 2010, the City implemented a Full Flex Cafeteria plan (known as the Flexible
Benefits Plan) for active employees, in accordance with IRS Code Section 125. Active employees
participating in the City’s Full Flex Cafeteria plan shall receive a monthly flex dollar allowance to
purchase benefits under the plan.
Effective July 1, 2024, the monthly flex dollar allowances shall be:
For employee only: $ 853.35
For employee and one dependent: $ 1,614.17
For employee and two or more dependents: $ 1,768.81
The monthly flex dollar allowance effective the paycheck of December 15, 2020 2024 shall be:
For employee only: $ 780.93950.00
For employee and one dependent: $ 1,477.201,900.00
For employee and two or more dependents: $ 1,618.712,400.00
Flex Dollar Increases for this MOU Term
Effective December 15, 2025 and December 15, 2026, the flex dollar allowances shall increase
on the December 15th paycheck up to a maximum of five percent (5.0%) on an annual basis. If
the Kaiser Bay Area premium rate increase is less than five percent (5.0%), the flex dollar
allowance shall only increase the amount of the Kaiser Bay Area premium increase. In the event
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that the Kaiser Bay Area premium rate increase for the upcoming calendar year exceeds ten
percent (10%) and is less than fifteen percent (15%), the City and the employee will split the
cost of the increase above ten percent (10%) evenly; each paying 50% of the dollar value of the
increase between 10-15%. In the unlikely event that the Kaiser Bay Area premium rate
increases for the upcoming calendar year in 2026 or 2027 to an amount exceeding fifteen
percent (15%), the City and the Association agree to reopen the MOU to negotiate the
employer’s contribution to healthcare. The parties agree that this provision will sunset upon the
expiration of the MOUEffective 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%). 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 precent (15%), the City and SEIU Local 1021 agree to reopen the MOU to
negotiate the employer’s contribution to healthcare. The parties agree that this provision will
sunset upon the expiration of the MOU.
Upon the expiration of the MOU, the Fflex 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
his/hertheir dependents, an amount not to exceed the California Public Employees’ Medical and
Hospital Care Act (PEMHCA) Minimum Employer contribution, as determined by CalPERS on an
annual basis. This portion of the monthly flex dollar allowance is identified as the City’s
contribution towards PEMHCA. The monthly flex dollar allowance (including the PEMHCA
minimum contribution) may be used in accordance with the terms of the cafeteria plan to
purchase health benefits or may be converted to taxable income.
Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance
coverage and receive a $300 monthly Opt-Out payment in accordance with the terms of the
cafeteria plan and the Affordable Care Act if the employee complies with the following
conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family
for whom coverage is waived, have alternative Minimum Essential Coverage as defined
by the Patient Protection and Affordable Care Act through a provider other than a federal
marketplace, a state exchange, or an individual policy.
2) During the City’s annual open enrollment period, the employee must complete an annual
written attestation confirming that the employee and the other members of the
employee’s tax family are enrolled in alternative Minimum Essential Coverage. The
employee agrees to notify the City no later than 30 days if the employee or other
member(s) of the employee’s tax family lose coverage under the alternative Minimum
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.
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The City reserves the right to modify at any time, the amount an employee is eligible to receive
under this paragraph, if required by IRS Cafeteria Plan regulations or other legislation or agency
guidance.
Unless a greater benefit is required by law, part-time, regular, permanent employees working at
least 53.3% FTE shall be eligible to receive: a) pro-rated leave benefits; and b) a pro-rated flex
dollar monthly allowance based upon the regular hours the employee works. The pro-rated
share shall be equivalent to the part time employee position’s ratio of hours worked to full time
equivalency.
For those part time employees hired prior to January 1, 2010 electing “Employee Only”
coverage, the flex dollar allowance shall be prorated based off $1,264. The maximum benefit
shall be $700 per month, unless a greater benefit is required by law.
10.2.2 Retirees Health Insurance
Employees represented by SEIU who retire from the Marin County Employees’ Retirement
Association (MCERA) within 120 days of leaving their City of San Rafael position (and who
comply with the appropriate retirement provisions under the MCERA laws and regulations) are
eligible to continue in the City’s retiree group health insurance program offered through
PEMHCA. The City’s contribution towards retiree coverage shall be the PEMHCA minimum
contribution as determined by CalPERS on an annual basis.
a. Employees hired on or before January 1, 2010
The City shall make a monthly retiree health insurance contribution on behalf of
employees hired before January 1, 2010 and who retire from the City of San Rafael
as described in this Section. The City’s total monthly contribution, which includes the
PEMHCA minimum contribution, shall not exceed $752 per month. The City’s retiree
health contribution shall continue for the lifetime of the retiree and retiree’s spouse, in
accordance with PEMHCA eligibility provisions for coverage. Employees receive the
pro-rated amount based on their status at the time of retirement. For example: if an
employee works part-time, and retires while working part-time, then the employee
receives a pro-rated contribution based on the employee’s part-time status at the
point of retirement.
b. Employees hired on or after January 1, 2010, and who meet the eligibility
requirements for retiree health insurance, are eligible to continue in the City’s group
health insurance program. The City’s maximum contribution towards retiree
coverage under this subsection, 4.2.5b, shall be the PEMHCA minimum contribution
as determined by CalPERS on an annual basis. The City shall not be responsible for
making any contributions towards the cost of coverage of the retiree’s spouse,
registered domestic partner, or dependents upon the employee’s retirement from the
City in excess of the PEMHCA minimum contribution as required by CalPERS.
The City shall additionally make available a retiree health care trust to enable these
employees to prefund retiree health care premiums while employed by the City. The
retiree health care trust shall be funded by annual conversion of 50 hours of sick time
in service on July 1 of each year, provided an employee has a remaining balance of
75 125 hours of sick leave after the conversion.
10.2.3 Health and Dependent Care Spending Accounts
City will offer Flexible Spending Accounts as part of its Section 125 Plan for as long as such a
plan is desired by the Union and available pursuant to the IRS Code. The Flexible Spending
Accounts offered by the City include:
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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 Accounts: 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.
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
the 125 Programs to comply with changes in applicable IRS laws without having to go through
the meet and confer process.
10.2.4 Health Insurance Providers
The City shall have the option, after meeting and consulting with representatives of The Union
Stewards’ Council, 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.
10.3 DENTAL PLAN
The City will provide a dental insurance program which offers 100% coverage for diagnostic and
preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible
costs associated with crown and cast restoration per patient per calendar year and orthodontic
coverage for eligible dependents (50/50). The dental provider will provide payments for covered
services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each
enrollee in each calendar year.
Dental insurance enrollment is available to part time, regular, permanent employees working at
least 53.3% FTE. The City’s contribution towards the monthly dental insurance premium will be
prorated based on the FTE level of the part time employee.
10.4 VISION CARE PLAN
The City will provide vision care benefits for employee only coverage. Employees may enroll
qualified family members and pay the premium costs for such enrollment.
10.5 LIFE INSURANCE
The City shall be responsible for paying premiums for a life insurance and Accidental Death &
Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a
$5,000$20,000 life insurance and a $5,000 $20,000 AD&D benefit. The City shall also make
available a voluntary life insurance program at employee expense.
10.6 LONG TERM DISABILITY INSURANCE
The City shall be responsible for paying premiums for a Long-Term Disability Policy for each
employee that satisfies the eligibility provisions of the long-term disability policy. The Long-Term
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Disability policy shall provide for salary replacement of 66.67% of an individual’s salary up to a
maximum disability benefit of $1,000 per month.
10.7 RETIREMENT CONTRIBUTION
10.7.1 City Paid Employee Retirement (City Paid Member Contribution)
Bargaining unit members shall pay the full share of the employee's contribution to the Marin County
Retirement System.
The City of San Rafael acknowledges that under its current practice, the employee’s share of
their retirement contribution is deducted with pretax dollars. This practice will continue until
changed through the Meet and Confer process or until IRS regulations change.
10.7.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 2.7% at 55-
retirement program to all miscellaneous members, as defined under the 1937 Act Government
Code Section 31676, subject to Marin County Employee Retirement Association procedures
and regulations and applicable 1937 Act laws that govern such plans. This is based on an
employee’s single highest year of compensation.
Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the
formula 2% at 55, calculated based on the average of their highest three years of
compensation, in accordance with MCERA regulations. The annual pension adjustment shall
be a maximum of 2% COLA. Minimum retirement age is 55.
Employees hired by the City on or after January 1, 2013 who are defined as “new members” of
MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall
be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. 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 hertheir retirement or some other
period designated by the retiring employee.
10.7.3 Member Cost of Living Rates
Bargaining unit members who are eligible to participate in the Marin County Employee
Retirement Association will pay their full share of members’ cost of living rates as allowed under
Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution
rates include both the basic and COLA portions (50% of COLA is charged to members as
defined in the 1937 Act).
10.8 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.
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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 time cards 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.
h. 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.
11 LEAVES
11.1 SICK LEAVE
11.1.1 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 his/hertheir daily duties. The
City may request verification from a medical provider from any employee who is absent for three
(3) or more consecutive days.
If an employee has documented sick leave abuse, the employee may be placed on an
attendance management plan, which will require the employee to submit verification from a
medical provider for all future use of sick leave. The employee shall be taken off an attendance
management plan after twelve (12) months unless the pattern of sick leave abuse has
continued.
11.1.2 Sick Leave Accrual
All eligible full-time employees shall earn sick leave credits at the rate of one (1) working day
per month commencing with the date of employment. Unused sick leave may be accumulated
to any amount but a cap exists for payoff purposes (see Section 5.1.6). The sick leave accrual
rate is prorated for eligible part time employees.
11.1.3 Use of Sick Leave
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An employee may use accrued sick leave during their probationary period. An employee
eligible for sick leave with pay shall be granted such leave for the following reasons:
1. Personal illness of the employee or illness within the immediate family (family member
means an employee’s spouse, registered domestic partner, any unmarried child,
including adopted child, a stepchild, or recognized natural child who lives with the
employee in a regular parent-child relationship, parent, including in-laws, and
grandparent), or for any physical incapacity of the employee resulting from causes
beyond the employee’s control; or
2. Enforced quarantine of the employee in accordance with community health regulations;
or
3. Medical appointments that cannot be scheduled during non-working hours.
11.1.4 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.
11.1.5 Service Credit for Sick Leave
Employees who retire from the City of San Rafael within 120 days of leaving City employment
(excludes deferred retirements) shall receive employment service credit for retirement purposes
only for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are
eligible to receive and they elect to receive in compensation for at the time of retirement
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.
11.1.6 Compensation for Unused Portion
Upon termination of employment by resignation, retirement or death, a regular employee who
leaves the City service in good standing shall receive compensation for all accumulated unused
sick leave based upon the following formula: a rate of three percent (3%) for each year of
service (i.e., 3% times number of employment service years). The maximum number of
accumulated, unused sick leave an employee may be compensated for upon termination of
employment is 600 hours. See Section 5.1.5 regarding service credit option for accumulated,
unused sick leave that the employee is not compensated for upon termination.
11.2 VACATION LEAVE
11.2.1 Eligibility
Annual vacation with pay shall be granted each eligible employee. Vacation leave accrual shall
be prorated for those employees working less than full time. Employees will be permitted to use
accrued vacation leave after six (6) months of employment subject to the approval of the
Department Director.
11.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full-time employee
(part time regular are prorated) shall accrue vacation at the following rate for continuous service.
Each service year in the chart begins on the first working day and ends on the last day of the
service year:
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Service Year Annual Hours
(37.50 Hr)
Hours Per Month
(37.50 Hr)
Annual Hours
(35 Hr)
Hours Per Month
(35 Hr)
1 75.000 hours 6.2500 hours 70.000 hours 5.8333 hours
2 75.000 hours 6.2500 hours 70.000 hours 5.8333 hours
3 75.000 hours 6.2500 hours 70.000 hours 5.8333 hours
4 112.500 hours 9.3750 hours 105.000 hours 8.7500 hours
5 117.867 hours 9.8222 hours 110.250 hours 9.1875 hours
6 123.234 hours 10.2695 hours 115.500 hours 9.6250 hours
7 128.601 hours 10.7167 hours 120.750 hours 10.0625 hours
8 133.968 hours 11.1640 hours 126.000 hours 10.5000 hours
9 139.335 hours 11.6110 hours 131.250 hours 10.9375 hours
10 144.702 hours 12.0580 hours 136.500 hours 11.3750 hours
11 150.000 hours 12.5000 hours 140.000 hours 11.6667 hours
12 157.500 hours 13.1250 hours 147.000 hours 12.2500 hours
13 165.000 hours 13.7500 hours 154.000 hours 12.8333 hours
14 172.500 hours 14.3750 hours 161.000 hours 13.4167 hours
15 180.000 hours 15.0000 hours 168.000 hours 14.0000 hours
16 plus 187.500 hours 15.6250 hours 175.000 hours 14.5833 hours
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.
11.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Department Director, may advance
vacation credits to any permanent regular and permanent part-time employee.
No employee may accrue more than 250 hours. Vacation accruals will resume once the
employee’s accumulated vacation balance falls below the allowable cap limit.
The time at which an employee may use his/hertheir 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.
In the event that 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 who terminate their employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the effective date of termination.
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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.
11.2.4 Vacation Cash-In
An employee, who has taken at least ten (10) days of vacation in the preceding twelve (12)
months, may request in any fiscal year that accrued vacation, not to exceed seven (7) days, be
converted to cash payments and the request may be granted at the discretion of the City
Manager. Employees cannot cash in more than seven (7) days of vacation in any one twelve
(12) month period.
11.3 HOLIDAYS
11.3.1 Paid Holidays
In order to be eligible for compensation for the paid holiday, the employee must be in both paid
status on the day before the holiday and the day after the holiday.
All employees who are required to work on a day designated as an authorized holidayeligible for
compensation for the paid 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 the employee and supervisor, an employee working an
alternative work schedule 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 holidays will be observed:
January 1st New Year’s Day
The third Monday in January Martin Luther King Jr. Day
The third Monday in February Washington’s Birthday
March 31st Cesar Chavez Day
The last Monday in May Memorial Day
July 4th Holiday Independence Day
June 19th Juneteenth
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 onetwo (12) floating holidays
provided in January of each year. Floating holidays not used by the end of the calendar year
are added to employee's vacation balance. Part-time employees will be paid for holidays on a
pro-rated basis.
11.4 OTHER LEAVE
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11.4.1 Personal Leave – Supervisory Unit
Up to two (2) days of Personal Leave per fiscal year shall be granted to Supervisory Unit
employees, with prior supervisory approval. Employees must submit leave requests two (2)
weeks in advance. Unused Personal Leave does not carry over and cannot be cashed out.
11.4.2 Safety Holiday
A Safety Holiday Incentive Program is established for maintenance employees. Employees will
be placed in one of the following units. The units are: (1) Park Division; (2) Street Division; (3)
Sewer Division; (4) Garage Division; (5) Building Maintenance Division; or (6) Community
Services Custodians. For part-time employees in these units who are eligible for benefits, any
safety holiday will be pro-rated. If all employees of a designated unit complete six (6) months
without a work-related injury or illness resulting in one full day of lost time, a Safety Holiday will
be granted to all employees of that unit, with specific time off granted with prior Supervisory
approval. Note: Multiple days of lost time for the same injury or illness shall be considered as
one incident.
11.4.3 Bereavement Leave
The City recognizes that the death of a family member is a time of grief and stress and will act in
a compassionate matter. In the event of the death of an employee's spouse, child, parent,
sibling, registered domestic partner, grandchild, grandparent, parent in-laws, or relative who
lives or has lived in the home of the employee to such an extent that the relative was considered
a member of the immediate family and/or another individual who has a legal familial relationship
to the employee and resided in the employee's household, up to five (5) days may be granted
for paid bereavement leave per occurrence. All bereavement leave must be exhausted within 3
months of the date of the death of the family member.
In those cases where the death involves an individual who had such a relationship with the
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. No request shall be unreasonably denied, and the City agrees to collaborate with the
employee to find a resolution.
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.
11.4.4 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.
11.4.5 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.
11.4.6 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.
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11.4.7 Industrial Injury Leave
For benefits under Workers Compensation, an employee should report any on the job injury to
his/hertheir supervisor as soon as possible, preferably within twenty-four (24) hours. The
Human Resources department coordinates benefits for Worker's Compensation claims. For
further information see the City’s Workers’ Compensation policy located on the Intranet
(https://intranet.cityofsanrafael.org).
Employees of the City who have suffered any disability arising out of and in the course of their
employment as defined by the Worker's Compensation Insurance and Safety Act of the State of
California are entitled to all benefits allowed them by the Workers’ Compensation Insurance and
Safety Act of the State of California.
Temporary disability payments (TD) are made to all employees (full and part-time) when a
physician reports an employee is unable to perform their job duties due to an industrial injury
and the City cannot accommodate the restrictions mandated by their physician. TD is set by
State law and is approximately two-thirds of full salary with state-mandated minimums and
maximums. For full-time, regular employees, however, the City augments TD payments with
salary continuation as follows: Compensation leave payments shall not exceed the employee's
regular full pay for the first three 3) calendar months and three-fourths (3/4) of the regular full
pay for the following six (6) calendar months.
Sick Leave Usage Post Industrial Injury/Illness:
The following rule applies to employees who have an accepted industrial injury/illness: Available
accrued sick leave cannot be used for more than 60 calendar days after one of the following has
been determined:
a. The employee has reached maximum medical improvement and/or has been
determined “permanent and stationary”,
b. The employee has been determined to be unable to return to their usual and customary
occupation, with or without reasonable accommodation.
Given the above has occurred, next steps would include:
a. The interactive process; attempt to locate other appropriate employment within the City
b. If none available, proceed with termination process, including disability retirement
application and/or Skelly process, if appropriate.
11.4.8 Family Medical Leave
Union members agree to adhere to the provisions of the City’s Family Medical Leave Policy
which is available on the City’s Intranet Website.
11.4.9 Catastrophic Leave
Catastrophic leave shall be in accordance with the City Catastrophic Leave Policy which is
available on the City’s Intranet website.
11.4.10 Emergency/Smoke Leave
In the event that an emergency is declared that impacts City facilities or operations and results
in the closure of any facilities, employees regularly assigned to work in a closed worksite may
be required to report to a worksite other than their regular worksite to assist in emergency duties
or to a non-impacted worksite for regular duties at the discretion of the City.
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If employees are not assigned to a non-impacted worksite or assigned to assist in emergency
duties, they shall be granted leave up to 10 days in any calendar year and compensated for
their regularly scheduled work day with no adverse effect to the employee.
This provision applies to Federal, State, County, or City declared emergencies or to other non-
declared circumstances that result in the closure of City facilities.
For up to 30 days during a required residential evacuation that has resulted from an above-
declared emergency without additional approval from the Department Head, no employee shall
be penalized for their inability to report to their worksite.
Employees who notify their supervisors that they are subject to a required residential evacuation
resulting from a Federal, State, County, or City declared emergency shall not be disciplined for
their inability to report to their worksite for the duration of the required residential evacuation.
11.4.1011.4.11 Paid Parental Leave
Eligibility:
Effective July 1, 2024 any full time, regular or probationary employee who has been
continuously employed by the City for at least 12 months prior to the start of the leave shall be
eligible for Paid Parental Leave (PPL) to use within 12 months of the following eligible events:
1. Birth of a child of the employee, the employee’s spouse, or the employee’s 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.
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.
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7. Pregnancy Disability Leave (PDL): An eligible employee on PDL must reduce their sick
leave balance to 40 hours or less to use PPL concurrently with PDL. An eligible employee is
not required to further reduce their balance once they have reached the initial threshold of
40 hours or less.
8. Use of this leave constitutes a “compelling personal situation during which time the
employee was unable to work” under Article 6.6.5 of this MOU and the probationary period
for any probationary employee who uses this leave shall be extended for the length of time
the employee was off work using this leave.
Coordination of Benefits & Leaves:
• PPL taken under this 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.
11.4.12 End of Life Care Leave
Eligibility:
Effective July 1, 2024 any full time, regular or probationary employee who has been
continuously employed by the City for at least 12 months prior to the start of the leave shall be
eligible for End of Life Care leave to provide end of life care for an immediate family member,
which shall include an employee’s spouse, registered domestic partner, child, parent, sibling,
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
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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.
6. An employee who is eligible for End of Life Care Leave but is on leave for other reasons
cannot use PPL except as described in paragraph 5 above.
1.7. Use of this leave constitutes a “compelling personal situation during which time the
employee was unable to work” under Article 6.6.5 of this MOU and the probationary period
for any probationary employee who uses this leave shall be extended for the length of time
the employee was off work using this leave.
12 TERMS & CONDITIONS OF EMPLOYMENT
12.1 HOURS OF WORK
Except for full-time Child Care Instructors I/II, Tthe WORK WEEK will reflect thirty-seven and
one-half (37.5) hours for all represented job classes. The WORK WEEK for full-time Child Care
Instructors I/II will reflect thirty-five (35) hours per week. Unless otherwise designated, the
normal business hours for vacation, sick and administrative leave deduction and sick and
administrative leave accrual purposes shall be 7.5 hours per day for 37.50 hour employees and
7.0 hours per day for 35-hour employees. The 37.5-hour work week will begin July 1, 2013, at
which time employees shall return to the work schedule worked prior to implementation of the
37.536-hour (or 35-hour) work week, unless otherwise arranged with the Department Head.
6.1.1 Consecutive Two-Day Weekends
No later than October 1, 2018, each library employee shall have a weekend consisting of two
consecutive days off work. At least one of the weekend days shall be a Saturday or Sunday.
The City and the Union shall begin the meet and confer process regarding scheduling in the
library within 30 calendar days of the ratification of this successor MOU.
Within 30 calendar days of the City Council approval of this successor MOU, the City and the
Union shall begin the meet and confer process with the purpose of providing all employees with
the option of having a consecutive two-day weekend. By mutual agreement of the City and the
Union, additional language may be added to this section as a result of the meet and confer
process.
When a library employee who traditionally works Monday-Friday is scheduled to work on a weekend,
the City will provide the option for the employee to receive 2 consecutive days off work during that
same workweek.
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12.2 OVERTIME
Overtime shall mean actual time authorized and worked beyond thirty-seven and one-half (37.5)
hours in a regular work week, or seven and one-half hours (7.5) in one work day or regularly
scheduled shift. A work or duty week shall be defined as seven (7) consecutive calendar days.
Overtime is compensable to the nearest half-hour and must have prior authorization and
approval of the Department Director.
Each Department Director shall have the authority to designate certain job classifications for
mandatory overtime in emergencies. In the event the Department Director determines that
there is a staffing need during an emergency, the Department Director shall first make a
reasonable effort to seek qualified volunteers to work overtime during the emergency. If the
Department Director determines that there are an insufficient number of volunteers, or if time
constraints prevent the soliciting of volunteers, the Department Director may order employees in
the designated classifications (may vary depending on the emergency but primarily relates to
job classifications in the Street Division of Public Works) to report to work in overtime status to
address the emergency.
12.3 COMPENSATORY TIME POLICY
With the Department Director's approval, compensatory time, in lieu of overtime pay, may be
taken subject to the following rules:
12.3.1 Accrual Limit
Employees may accrue up to 115 hours of compensatory time after which said employee must
accept overtime pay in lieu of accruing additional compensatory time.
12.3.2 Overtime Rate
Employees who work overtime may be paid for it at the rate of time and one-half or may accrue
compensatory time at a rate of time and one-half subject to the limitations in Section 6.3.1.
Employees who elect compensatory time must take the time off, preferably within the quarter
during which it was earned, and shall not be paid for it.
12.4 STAND BY OR CALL BACK DUTY
12.4.1 Compensation When Assigned to Standby Duty – All Departments except Sanitation
Miscellaneous and Supervisory employees assigned standby duty on Saturday, Sunday or a
day designated as an authorized holiday by the City Council shall be compensated at the rate of
six (6) hours of their base salary for each day of standby duty. To identify employees eligible for
standby covering holidays, the City and Union acknowledge standby eligibility shall rotate at
12:00 a.m. (midnight) on the beginning of the work shift each Wednesday of the week.
Weekend duty will start at 12:00 midnight on Friday the end of the last shift of the employee's
designated workweek and will end 12:00 a.m. on Monday at the beginning of the first shift of the
employee's following designated workweek. On holidays during the week, duty will start at
12:00 a.m. the end of the employee's designated work shift on the day before the designated
holiday and will end at 12:00 a.m. the beginning of the employee's designated work shift on the
next regular work day, or the employee will receive compensatory time off on a straight time
basis. At the time of accrual, the employee will designate either salary or compensatory time.
Compensatory time off must be approved in accordance with normal leave request procedures.
12.4.2 Compensation When Assigned to Standby Duty – Sanitation Department
Weekend standby duty shall start at the end of the employee’s shift on Friday and end at the
beginning of the employee’s shift on Monday. Miscellaneous and Supervisory employees
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assigned to weekend standby duty shall be compensated at the rate of sixteen (16) hours of
their base salary (two (2) hours for the end of the employee’s shift on Friday through 11:59 pm
on Friday, six (6) hours for 12 am to 11:59 pm on Saturday, six (6) hours for 12 am to 11:59 pm
on Sunday, and two (2) hours for 12 am on Monday through the start of the employee’s shift on
Monday).
Miscellaneous and Supervisory employees assigned standby duty on a day designated as an
authorized holiday by the City Council shall be compensated at the rate of six (6) hours of their
base salary for each day of holiday standby duty. Any holiday that falls on a day of the week
that is contiguous with a weekend (Friday, Monday or Thanksgiving) will be covered by the
employee on duty for the weekend standby shift. An employee assigned to standby duty for a
weekend that includes one or more holidays will be paid their regular standby pay for the
weekend in addition to their regular standby pay for any holiday assigned.
Standby duty during the week (Monday-Thursday) is normally assigned to the Operations &
Maintenance Manager. If the Operations & Maintenance Manager is unable to cover a work
week (Monday-Thursday) shift, it may be assigned to the Sewers Maintenance Supervisor or
eligible maintenance worker, from the end of their shift until the beginning of the next
operational shift. The employee who is assigned to a work week (Monday-Thursday) shift will
be compensated at the rate of two (2) hours of their base salary.
The City shall assign the Sewers Maintenance Supervisor a vehicle to commute to and from
work and their place of residence. In lieu of being assigned a commuter vehicle, the Sewers
Maintenance Supervisor shall receive a monthly commuter allowance of $250.00 per pay
period.
On holidays during the week (Tuesday-Thursday), standby duty will start at the end of shift on
the day before the designated holiday and will end at the beginning of shift on the next regular
work day. At the time of accrual, the employee will designate either salary or compensatory
time. Compensatory time off must be approved in accordance with normal leave request
procedures. Any holiday that falls on a day which is not contiguous with a weekend will be
assigned to eligible employees on a rotating basis.
12.4.3 Compensation When Not Assigned to Call Back Duty
When an employee not assigned to standby duty is called back to duty, the employee shall
receive compensation for a minimum of four (4) hours.
12.4.4 Minimum Payment for Call Out
Employees on standby duty who are called out and required to work shall be paid a minimum of
two (2) hours at the rate of time and one half, for each time they are called out.
12.4.5 Standby Residency and Cell Phones
The residency requirement for standby personnel shall include those individuals who live within
a sixty (60) minute travel distance from the Corporation Yard. Cell phones shall be provided to
those persons on standby. Standby duty is assigned on a rotating basis.
A Miscellaneous or Supervisory Unit employee within the residency area shall be considered
eligible for standby duty. This includes all holidays that may fall within the assigned standby
duty period.
If an employee is sick or has scheduled time off, standby will move to the next person on the list
that is available and qualified. Determination of whether an employee is qualified is made by
the Supervisor or Operations and Maintenance Manager. It is noted this list was originally
established by knowledge and that new employees are placed at the bottom of the list.
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12.5 DOT AND CLASS B REQUIREMENTS
Employees in the following job classes are covered by this DOT policy and are subject to the
terms and conditions of the City’s DOT Policy:
▪ Street Maintenance Worker I/II*
▪ Street Maintenance Worker III
▪ Street Lead Maintenance Worker
▪ Street Maintenance Supervisor
▪ Park Equipment Mechanic
▪ Parks Lead Maintenance Worker
▪ Vehicle Equipment Mechanic I**
▪ Vehicle Equipment Mechanic II
▪ Equipment Service Attendant
▪ Supervising Vehicle Equipment Mechanic
▪ Sewer Maintenance Worker I**
▪ Sewer Maintenance Worker II
▪ Sewer Maintenance Worker III
▪ Sewer Maintenance Supervisor
▪ Sewer Maintenance Superintendent
* Street Maintenance Worker I/II hired before September 1, 2009 had the option to sign a document stating that
they would obtain a Class B license and thus participate in the DOT program within 6 months from October 1, 2009.
If the employee elects to obtain and maintain a Class B license, he/she isthey are in the program for the duration of
their employment in the position. If assigned to a Class B task, these employees will receive out of class pay for the
day (s) they were required to drive a Class B vehicle.
** Must obtain Class B license within one year of date of hire and become subject to DOT when license is obtained.
Effective September 1, 2009, employees hired or promoted into a Street Maintenance Worker II
position will be required to possess a Class B license and participate in the DOT Program.
These employees will not receive out of class pay when required to drive a Class B Vehicle.
Street Maintenance Worker I employees can opt in to the DOT program upon appointment if
they possess a Class B license or if they obtain the Class B license on their own.
Class B license is not a requirement for the Park Maintenance Worker I/II classification. Parks
Maintenance Worker I/II employees who possess or obtain a Class B license can opt in to the
DOT program. If an employee opts into the DOT program, they will be covered by the DOT
Policy and are subject to the terms and conditions of the City’s DOT Policy. If enrolled in the
DOT program and assigned to a Class B task, these employees who have the Class B license
will receive out of class pay for the day(s) they were required to drive a Class B vehicle.
6.6 PROBATIONARY PERIOD
6.6.1 Purpose of Probation
After passing an examination and accepting appointment, each employee shall serve a period
of probation beginning on the date of appointment. Such period shall be for the purpose of
determining the employee's ability to perform satisfactorily the duties prescribed for the position.
6.6.2 Length of Probationary Period
The probationary period on original and promotional appointment shall be for one (1) year.
Employees shall receive one written Probationary Evaluation from their immediate supervisor
during the Probationary Period, preferably at the midway point.
6.6.3 Rejection During Probation
During the probationary period an employee may be rejected at any time by the Appointing
Authority without the right of appeal.
6.6.4 Notification of Rejection
On determining that a probationary employee's work is not satisfactory, the Appointing Authority
shall notify the Human Resources Director of his/hertheir intention to terminate the employee.
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After discussion with the Human Resources Director, the Appointing Authority shall notify
employee in writing of his/herthe rejection.
6.6.5 Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness or injury or
compelling personal situation during which time the employee was unable to work. In such
cases, the probationary period may be extended for the length of time the ill or injured employee
was unable to work.
6.6.6 Regular Status
Regular status shall commence with the day following the expiration date of the probationary
period.
6.6.7 Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a higher position
classification provided he/she isthey are certified from the appropriate Eligible List. The
employee promoted in this manner shall serve a new probationary period for the position to
which employee is promoted and the new probationary period and promotional appointment
shall be effective the same date.
6.6.8 Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass his/hertheir promotional probationary period shall
be reinstated to the position in which the employee held regular status prior to his/hertheir
promotion. Provided, however, that if the cause for not passing the promotional probationary
period was sufficient grounds for dismissal, the employee shall be subject to dismissal without
reinstatement to the lower position.
6.6.9 Lateral Transfer Probation
Voluntary transfers to another job classification, within the same salary range, shall require a six
(6) month probationary period. In the event of unsuccessful passage of this period refer to
Section 6.6.8.
6.7 TRANSFERS / REASSIGNMENTS
6.7.1 Types of Transfers
Transfers may be within the same department (intra-departmental) or between departments
(inter-departmental). The requirements for each are as follows:
a. Intra-departmental transfers.
The Appointing Authority shall have the authority to transfer an employee from a
position in one division of a department to a position in the same or similar
classification with the same salary range, in the same division or to another
division of the same department (at any time and for any duration).
b. Inter-departmental transfers.
An employee may transfer from a position in one (1) department to a position in
the same or similar classification in another department, provided the consent of
the two Appointing Authorities and the City Manager is obtained.
c. Voluntary Transfers.
An employee may make a written request for transfer to the Human Resources
Director to a position in the same or similar classification with the same salary
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range. Such a transfer may be made on the recommendation of the affected
Department Director(s) and the approval of the City Manager.
6.7.2 Minimum Qualifications & Probation
Any persons transferred to a different position shall possess the minimum qualifications for the
position.
6.7.3 Transfer Procedures
The City Manager may authorize the transfer of an employee from one position to another of the
same or comparable class of work and where the same general type of examination is given for
entrance to such a position.
Transfers from one department to another department having a different jurisdiction or different
function shall be done only with the consent of the Department Directors involved, unless such a
transfer is ordered by the City Manager for purpose of economy or efficiency.
Any person transferred to a different position shall possess the minimum qualifications for the
position.
Employees who have completed their initial probation may seek voluntary transfers to positions
within the same job class, and/or lower level job classes as long as the employee meets the
minimum qualifications for the position. Employees seeking transfer should submit a completed
application to the Human Resources Department. As vacancies occur, transfer candidates may
receive consideration along with those on the eligibility list.
6.8 PERSONNEL RULES & REGULATIONS
Employees covered by this MOU agree to follow the City’s Personnel Rules and Regulations
located on the City’s Intranet website.
6.8.1 Drug & Alcohol Policy
The City and the Union agree to the non-DOT general drug and alcohol policy. A copy is
available with the City’s policies and on the City’s Intranet website. (Safety sensitive job classes
are covered by the DOT Drug and Alcohol Policy previously agreed to by both parties and
located on the City’s Intranet website).
6.8.2 Confidential Nature of Personnel Records
All personnel records and files and examination materials are confidential. The Human
Resources Director shall take all necessary steps to protect the confidentiality of those
materials. Disclosure of such records shall be governed by the Public Records Act,
Government Code Sections 6250, et. seq. Individual employees may review their official
personnel file maintained by 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.
6.8.3 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.
6.8.4 Outside Employment Policy
Outside Employment shall be in accordance with the City’s Outside Employment Policy which is
available on the City’s Intranet website.
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6.8.5 Use of City Vehicle
Public Works Supervisors, at the direction of the Department Director, will be allowed to take a
City vehicle home in emergency conditions.
6.8.6 Wireless Communication Policy
Union members agree to adhere to the provisions of the City’s Wireless Communication Policy
which is available on the City’s Intranet Website. Upon recommendation of the Department
Director, the City will provide Bluetooth devices to those employees who are required to use
their City cell phone while driving during the course of business.
6.8.7 Safety Policy
The City of San Rafael is committed to providing a safe and healthy place to work. The City
shall furnish safety devices and safeguards and shall adopt and use methods and processes
adequate to ensure that the work place is safe and healthy. Employees are expected to obey
safety rules and make proper use of safety gear and equipment. The City's safety policies and
procedures shall comply with all applicable state laws related to a safe work environment.
6.8.8 Materials Relating to Disciplinary Action
Except for the specific disciplinary matters provided below, reprimands and suspensions of less
than five (5) days in the employee’s personnel file which have been in the file three (3) years or
more shall not be used unless the materials relate to conduct that reoccurred within three (3)
years of the first incident.
At the request of the employee, materials relating to disciplinary actions which are three (3) or
more years old shall be removed, provided there has been no reoccurrence of the conduct on
which the discipline was based. Performance evaluations are excluded from this provision.
Materials relating to disciplinary actions for misappropriation of public funds or property; misuse
or destruction of public property; the use of being under the influence of drugs or alcohol at
work; acts which would constitute a felony; acts which present an immediate danger to the
public health and safety; or acts of harassment or discrimination based on protected status will
not be removed from the employee’s personnel file.
6.8.9 CPR / First Aid Training
An annual program for cardiopulmonary resuscitation (CPR) and First Aid certification will be
provided for persons working as Childcare Directors and Instructors II.
6.8.10 Childcare Division Employee Program Discount
All Childcare staff with children enrolled in any City of San Rafael Childcare Division program
will receive a 50% discount on program fees based on their level of enrollment. All policies
regarding admission and attendance in the Childcare Program will continue to apply to
Childcare staff in accordance with the Childcare Division Parent Handbook and Childcare Staff
Handbook.
6.9 MISCELLANEOUS
6.9.1 Hazardous Materials
Maintenance employees in the Union will be provided with the necessary training associated
with what is termed first responder awareness level. First responders at this level (awareness
only) are those who are likely to witness or discover a hazardous substance release and who
have been trained to initiate an emergency response operations level. "Awareness” individuals
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take no action beyond notifying the designated authorities of the release. The on-duty Fire
Battalion Chief is the Incident Commander in the event of a hazardous material release.
It is understood and agreed by both parties that maintenance employees in this Union do not
have any responsibility to clean up, mitigate or otherwise dispose of hazardous materials. The
Fire Department personnel and/or contract personnel have the direct responsibility of dealing
with hazardous materials.
Maintenance employees of this Union do have direct responsibility to handle (clean up, mitigate,
transport, dispose of, etc.) petroleum products such as diesel fuel gasoline, drain oil, and the
like.
Streets, Parks Maintenance, and Facilities employees of this Union have direct responsibility to
handle (clean up, mitigate, transport, dispose of, etc.) needles and oil spills.
6.9.2 Gratuities / Solicitation of Contributions
Gratuities and/or solicitation of contributions are not allowed.
6.9.3 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.
6.9.4 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and
Federal Law.
6.9.5 Employment of Relatives
Employment of relatives shall be governed by the City's Personnel Rules and Regulations.
6.9.6 Labor / Management Meetings
The City and the Union agree that consultation meetings may contribute to improved employer-
employee relations.
The committee shall be comprised of three (3) representatives from the Miscellaneous and
Supervisory Units and three (3) from City Management as well as the SEIU Field
Representative and the Human Resources Director. 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. It is intended that the subject matter will not include issues
subject to Article 7.4 Grievance Procedures.
6.9.7 Contract Orientation Work Sessions
The City and the Union agree that the individuals having responsibility for the enforcement of
the Agreement, Union Stewards 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.
6.9.8 Temp Seasonal Employees
Both the City of San Rafael and SEIU 1021 recognize the valid, necessary reasons for
appropriate temporary, seasonal, retiree, and fixed-term work. The City follows the Resolution
of the City Council of the City of San Rafael adopting a temporary, seasonal, retiree, fixed-term
salary and benefit plan. The City shall make its best efforts, with consideration to the fiscal
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condition of the City, to continue to transition temporary positions that are used in a recurring,
routine manner and perform work typically accomplished by SEIU classifications throughout the
term of the agreement, to regular City positions.
6.9.9 Gym Reimbursement
Employees are eligible to receive up to $16.50 per month reimbursement for paid gym
memberships. Such reimbursement shall be reported as taxable income to the employee.
13 PROCEDURES
13.1 DEMOTION & SUSPENSION
13.1.1 Demotion
The Appointing Authority may demote an employee when the following occurs:
a. The employee FAILS to perform his/hertheir required duties.
b. An employee requests such a demotion. No employee shall be demoted to a
classification for which he/she doesthey do not possess the minimum
qualifications. When the action is initiated by the Appointing Authority, written
notice of demotion shall be provided to an employee at least ten (10) working
days before the effective date of the demotion, and a copy filed with the Human
Resources Department.
Withholding a salary step increase or withdrawing a merit step increase within or above the
salary range of the employee's position shall not be deemed a demotion.
Disciplinary demotion action shall be in accordance with Article 7.3 Disciplinary Action.
13.1.2 Suspension
The Appointing Authority may suspend an employee from a position at any time for a
disciplinary purpose. Intended suspension action shall be reported immediately to the Human
Resources Director and shall be taken in accordance with Article 7.3 Disciplinary Action.
13.2 TERMINATION OF EMPLOYMENT
13.2.1 Resignation
An employee wishing to leave City service in good standing shall file with his/hertheir immediate
supervisor, at least fourteen (14) days before leaving service, a written resignation stating the
effective date and reason for leaving. A copy of the resignation shall be forwarded to the
Appointing Authority and Human Resources Department.
13.2.2 Termination - Layoff (Lack of work or funds)
The Appointing Authority may terminate an employee because of changes in duties or
organization, abolishment of position, shortage of work or funds, or completion of work for which
employment was made.
13.2.3 Termination - Disciplinary Action
An employee may be terminated at any time for disciplinary action, as provided in Article 7.3
Disciplinary Action.
13.2.4 Retirement
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Retirement from City service shall, except as otherwise provided, be subject to the terms and
conditions of the City's contract, as amended from time to time, with the Marin County
Retirement System.
13.2.5 Job Abandonment
Absence from duty without authorization for any period of time may be cause for disciplinary
action. Absence from duty without authorization in excess of five (5) continuous working days
may constitute abandonment of the position and may be grounds for termination. The
employee and the Union shall be notified by certified mail of proposed termination prior to the
effective date of termination.
13.3 DISCIPLINARY ACTION
13.3.1 Right to Discipline & Discharge
Upon completion of the designated probationary period an employee shall be designated as a
non-probationary employee and the City shall have the right to discharge or discipline any such
employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to
perform work as required or to observe the Department's safety rules and regulations, or for
engaging, during the term of this Memorandum of Understanding, in strikes, individual or group
slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of
Understanding, except where permitted by law. The City shall use progressive disciplinary
steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to justify
termination. Disciplinary action shall mean discharge/dismissal/termination, demotion, reduction
in wage, suspension resulting in loss of pay, and written reprimand.
In addition, the City may discipline or discharge an employee for the following: Fraud in
securing appointment; negligence of duty; violation of safety rules; unacceptable attendance
record including tardiness, overstaying lunch or break periods; possession, distribution or under
the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous
drugs during working hours; inability, unwillingness, refusal or failure to perform work as
assigned, required or directed; unauthorized soliciting on City property or time; conviction of a
felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward
(mistreatment of discourteousness to) the general public or fellow employees or officers of the
City; falsifying employment application materials, time reports, records, or payroll documents or
other City records; misuse of City property; violation of any of the provisions of these working
rules and regulations or departmental rules and regulations; disorderly conduct, participation in
fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any
City policy or rules and regulations over an extended period of time in which a specific incident
in and of itself would not warrant disciplinary action, however, the cumulative effect would
warrant such action; failure to perform to an acceptable level of work quality and quantity;
insubordination; other acts inimical to the public service; inability or refusal to provide medical
statement on cause of illness or disability.
13.3.2 Preliminary Notice
A non-probationary employee shall receive a preliminary written notice from the employee's
Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must
contain a specific statement of charges or grounds upon which the proposed disciplinary action
is based and the date the disciplinary action will be effective.
Any known written materials, reports or documents upon which the disciplinary action is based
must be attached to the notice.
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Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in
writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action
shall be imposed until the Department Director has conducted a hearing with the employee and
employee's representative present and having heard the response of the employee. The
Department Director’s decision shall be final for written reprimands.
If no written appeal is filed within five (5) days, the employee shall be deemed to have waived
his their right to proceed to Step 4 of the Grievance Procedure.
13.3.3 Disciplinary Action and Appeal
After hearing the response of the employee, the Department Director may order that the
proposed disciplinary action or modification thereof be imposed. Such notification shall be
issued in writing within 10 days of the meeting.
If the employee elects to appeal the Department Director action, he/shethey may request a
confidential settlement conference with the City Manager. Participation in the confidential
settlement conference shall be voluntary. If the matter is still unresolved after the confidential
settlement conference, the employee shall notify the City within ten (10) days that the matter is
appealed to Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in
accordance with the Grievance Procedure. The City Manager’s decision shall be final for
suspensions of five (5) days or less.
13.3.4 Harassment Policy
It is the City’s intent and purpose to provide all officials, employees, applicants and contractors
with an environment that is free from any form of harassment, discrimination or retaliation.
Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation
which is available on the City’s Intranet website.
13.4 GRIEVANCE PROCEDURE
13.4.1 Definition
1. Grievance is a dispute which involves the interpretation or application of any provision
of this Memorandum of Understanding, except issues concerning appeals of punitive
action, which are governed by Sections 7.1, 7.2 and 7.3 of this Memorandum. A dispute
regarding the interpretation of the City’s Personnel Rules and Regulations is subject to
the grievance procedure up to Step 3 (City Manager). All ordinances, resolutions, rules
and regulations which are not specifically covered by the provisions of this Memorandum
shall not be subject to the Grievance Procedure.
2. Day shall mean any that the City Office is open for business, excluding Saturdays,
Sundays and the holidays recognized by the City.
3. Grievant may be an individual employee or a group of employees or the Union on behalf
of a group of employees or the Union on its own behalf on matters involving the City and
Union relationship.
4. Time limits begin with the day following the event causing the grievance or the day
following receipt of a grievance decision.
13.4.2 Procedure
Step 1.
Within seven (7) 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.
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Within five (5) days thereafter, the immediate supervisor shall investigate and respond to
the allegations of the grievant.
Step 2.
If the grievant is not satisfied with the resolution at Step 1, the grievant must reduce the
grievance to writing and present it to the Department Director within five (5) days.
The written grievance shall contain a statement of facts about the nature of the
grievance and shall identify the specific provisions of this Memorandum of
Understanding alleged to be violated, applicable times, places and names of those
involved, the remedy or relief requested, and shall be signed by the grievant.
The Department Director shall confer with the grievant and within ten (10) days respond
to the allegations in writing.
Step 3.
If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five
(5) days appeal the matter to the City Manager.
The City Manager shall investigate the matter, conduct a hearing if the City Manager
deems it appropriate and within ten (10) days thereafter, respond to the allegations in
writing.
Step 4.
If the grievance remains unresolved after Step 3, the Union may, by written notice to the
City’s Human Resources Department within ten (10) days after the receipt of the
response in Step 3, notify the City that the Union wishes to appeal the grievance to final
and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no
agreement is reached, they shall request a list from the State Conciliation Service of
nine (9) names. The selection process will include a review of the arbitrator’s availability
for the hearing.
Each party shall then alternately strike a name until only one (1) name remains, said
person to be the arbitrator. The order of striking shall be determined by the flip of a coin.
13.4.3 Arbitration
The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence
presented by the parties. The hearing should be held within 60 calendar days of the selection of
the arbitrator. The hearing shall be informal and need not be conducted according to technical
rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only
under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as
any procedural matters, and he/shethey may call, recall and examine witnesses, as he/shethey
deems proper.
The burden of proof shall be upon the Union in grievance matters and upon the City in
disciplinary/discharge matters.
After the conclusion of any hearing and the submission of any post hearing evidence or briefs
agreed upon by the parties, the arbitrator shall render a written decision which shall be final and
binding upon the City, the Union and any employee(s) involved in the grievance or disciplinary
matter.
The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any
provision of this Memorandum of Understanding. The arbitrator shall only determine whether a
grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall
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be, or in the case of disciplinary/discharge matter whether the City allegations are accurate and
the appropriateness of the disciplinary penalty.
The fees and expenses of the arbitrator shall be shared equally by the Union and the City. All
other expenses shall be borne by the party incurring them. The cost of the services of court
reporter shall be borne by the requesting party unless there is a mutual agreement to share the
cost or unless the arbitrator so requests. Then the costs will be shared equally.
13.4.4 General Provisions
1. Employees who participate in the Grievance Procedure by filing a grievance or acting as
a witness on the behalf of either party shall be free from discrimination by either the
Union or the City.
2. A grievant has the right to be represented at each stage of the procedure, to cross
examine witnesses, and have access to all information regarding the basis of the
grievance upon which the City relies in making its determinations.
3. If the City management fails to respond within the specified time limits, the grievance
shall, at the request of the Union, be moved to the next step of the procedure. If the
Union or a grievant fails to process or appeal a grievance within the specified time limits,
the matter shall be deemed withdrawn with prejudice. The parties may by mutual
agreement waive the steps in the procedure.
4. If a hearing is held during work hours of employee witnesses, such employees shall be
released from duties without loss of pay or benefits to appear at the hearing. Witnesses
requested by the parties shall be compelled to attend said hearings.
5. The Human Resources Department shall act as the central repository for all grievances.
6. Time limits contained herein may be extended by mutual agreement of the parties.
Absence for bona fide reasons by a grievant, the Union 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.
13.5 POSITION RECLASSIFICATION
Reclassification of positions covered by this MOU shall be in accordance with the City’s
Reclassification Policy available on the City’s Intranet website.
13.6 FURLOUGH PROGRAM
Both the City of San Rafael and SEIU 1021 recognize the unpredictable changes in funding that
affect City finances. Through this recognition and in a cooperative spirit the City of San Rafael
and SEIU 1021 have worked expeditiously on the development of a Furlough Program. This
Agreement does not mean the City will necessarily implement furloughs; but in the event it is
necessary to implement due to continued economic problems in the City of San Rafael, the City
shall meet and consult with the Union at least 60 days prior to implementation of the Furlough
Program. 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).
13.6.1 Voluntary Time Off (VTO)
The needs of the City and the respective departments (as determined by the Department
Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO
time granted and the resulting savings will have a corresponding impact on the time needed
through MTO.
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1. An employee's VTO time would count in determining how many hours of MTO an
employee needed to take during the fiscal year.
2. An employee selecting at least a 5% reduction of hours through the VTO would
receive “float days” as described in 6.6.2. (4.b.).
3. Employees who take VTO at a time other than when MTO is taken by other
employees will have to take vacation leave, compensatory time off or leave
without pay if the MTO results in the closure of the department.
4. Employees will be allowed to exceed a 5% reduction of hours through the VTO
with review of the Department Director and approval of the City Manager and
such approval shall be revocable should the City determine that the impact of the
absence cannot be absorbed by the Department. Prior to revoking approval, the
City will contact the employee and review pertinent information which would
impact the employee’s ability to return to work. Should the City need to remove
additional VTO, such removal would be considered a non-disciplinary action and
would not be subject to any appeal/grievance procedure.
13.6.2 Mandatory Time Off (MTO)
MTO will be taken by the employee during the MTO period when feasible in their respective
department (as determined by the Department Director and City Manager) and after
consultation with the union.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and
eligibility for holidays. MTO time will not impact health, dental and life insurance
benefits. At this time MTO time will not impact Marin County retirement
calculations of average compensation or service credit as the City and employee
will continue to fund the full amounts. If the Marin County Retirement Association
changes its policy on this, the City will, effective the first of the month following
notice from the Marin County Retirement Association, make the necessary
change in the program's administration to correspond with the change in the
policy.
3. MTO time shall apply toward time in service for step increases and completion of
probation.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%)
reduction in work hours/pay for the fiscal year. When the maximum MTO
reduction (5% is implemented, the involved employee shall be credited
with three (3) days of float time
b. Float time accrued through the MTO Program must be taken in the 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.
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c. Should the City of San Rafael experience a financial windfall during the
fiscal year that furloughs are implemented, the City and the Union agree
to re-open negotiations on this Furlough Plan.
13.7 REDUCTION IN FORCE
13.7.1 Authority
The Appointing Authority may lay off, without prejudice, any regular employee because of lack
of work or funds, or organizational alterations, or for reasons of economy or organizational
efficiency.
13.7.2 Notice
Regular employees designated for layoff or demotion shall be notified in writing at least thirty
(30) calendar days prior to the anticipated date of termination or demotion. The employee
organization shall also be so notified.
13.7.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as
a position or number of positions having the same title, job description and salary. Extra hire
employees shall be laid off before permanent employees in the affected classification. In
effecting the preceding order, a part-time permanent employee with more seniority can displace
a full time permanent employee.
13.7.4 Seniority
If two or more employees within a classification have achieved permanent status, such
employees will be laid off or reduced on the following basis:
a. Seniority within the affected classification will be determinative. Such seniority
shall include time served in higher classification(s). The computation of seniority
for part-time employees will be credited on a pro rata basis to full time service.
Time spent on a City Manager approved leave of absence without pay does not
count toward seniority.
b. If the seniority of two or more employees in the affected classification or higher
classification(s) is equal, departmental seniority shall be determinative.
c. If all of the above factors are equal, the date regular status in City service is
achieved shall be determinative.
d. If all of the above are equal, date of certification for appointment shall be
determinative.
13.7.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level for which
he or she they meets the minimum qualifications, or into the next lower classification in which
such employee has previously held regular status. An employee who is bumped shall be laid off
in the same manner as an employee whose position is abolished.
13.7.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be
affected by a reduction in force to another vacant position for which such employee may qualify.
The length of eligibility for such transfer will be the period of notification as provided in Section
7.7.2, but no longer than the effective date of such layoff or reduction.
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13.7.7 Layoff Procedure Notification
Once the decision has been made to reduce the workforce per this MOU, the City will meet with
the Union to review and receive feedback on the procedure to be used to inform and process
those classifications and individuals who are determined to be laid off. The information gained
in this meeting from the Union by the City will be advisory and not binding.
13.8 RE-EMPLOYMENT
13.8.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re-appointment to the same
classification in which they held status in the order of seniority in the classification. Individuals
demoted in lieu of reduction in force shall be offered restoration to the highest class in which
they held status and in which there is a vacancy prior to the appointment of individuals who
have been laid off.
13.8.2 Right to Re-Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held,
shall, in writing, be offered re-appointment in the same classification should a vacancy occur in
the classification within two years after the layoff or demotion. Prior to being re-employed, the
employee must pass a physical exam administered by a City appointed physician and must
pass the background check administered by the City.
13.8.3 Time Limits
Should the person not accept the re-appointment within seven (7) calendar days after the date
of the offer, or should the person decline or be unable to begin work within two weeks after the
date of acceptance of the offer, the person shall be considered unavailable for employment,
shall forfeit the right to re-employment and shall be removed from the re-employment list.
13.8.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on
the re-employment list shall be offered re-employment.
13.8.5 Probationary Status
Employees re-appointed under the provisions above will not be required to complete a new
probationary period if they had previously held permanent status in the classification.
Employees who had not completed their probationary period shall serve the remainder of the
probationary period upon re-appointment.
13.8.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave
of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll
will not count as time worked for the purposes of seniority accrual.
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SEIU LOCAL 1021: CITY OF SAN RAFAEL:
Aaron Burton, Field RepresentativeTiffany
Crain
SEIU Local 1021Chief Negotiator
Tim Davis, Lead Chief Negotiator
City of San RafaelBurke Williams Sorensen
Jana Blunt, Field RepresentativeJoel Evans-
Fudem
SEIU Local 1021Field Representative
Cristine Alilovich
Assistant City Manager
Kenny Gatlin, Chapter PresidentAndrea
Zanetti
SEIU Local 1021Regional Director
Sylvia Gonzalez-Shelton
HR Operations Manager
John Stead-Mendez, Executive Director
SEIU Local 1021
Thomas Wong
Analyst
Kenny Gatlin, SEIU Bargaining Team Member Date
Tiffany Haley, SEIU Bargaining Team Member
Allan Lee, SEIU Bargaining Team Member
Jamie Poirier, SEIU Bargaining Team Member
Wes Sitchler, SEIU Bargaining Team Member
Date