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HomeMy WebLinkAboutHR MOU Police Mid-Management 2002ITY OF SAN ,tAFAEL P. O. Box 151560 San Rafael, CA 94915-1560 Phone (415) 485-3070 FAX (415) 459-2242 TDD (415) 485-3198 Agenda Item No: 8 Meeting Date: October 21, 2002 REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Memorandum of Understanding (MOU) pertaining to compensation and Rafael Police working ce Mnditions between the City of San Rafael and the San Mid -Management Association .. .,.,, Approved by: Daryl G. handler, Asst. Director Mgmt. Services Rod Gould, City Manager Submitted by Date: October 16, 2002 RECOMMENDATION: Adopt resolution approving the Memorandum of Understanding (MOU) between the City of San Rafael and the San Rafael Police Mid -Management Association. SUMMARY/BACKGROUND: Attached please find the Resolution and the complete Memorandum of Understanding between the City and the San Rafael Police Mid -Management Association which details the agreed upon wages, hours and working conditions for the employees covered by this MOU. The negotiations with this group centered on the feasibility of providing an enhancement to the current retirement plan for these employees (It is noted this bargaining group includes two "safety" job classes and one "miscellaneous" job class.) An actuarial study was completed prior to these negotiations to gather information on the cost of implementing a retirement enhancement. It was determined that in order to consider either of the two possible retirement enhancements a long term agreement would be necessary and the bargaining group would need to share in the cost of implementing such a plan enhancement. The San Rafael Police Mid -Management Association and the City negotiating team reached an agreement on a four-year agreement that would include implementation of a retirement enhance in the third year of the agreement. The agreement reached with this bargaining group complies with the guidelines authorized by the City Council. A summary of the key elements in the MOU follows Othis report. File No: 1- S- o' c q -3 _30 lgemylCouncil Meeting _��o Y ADOPTED RESOONLUTINO 11190 — RESOLUTION AMENDING RESOLUTION NO. 10491 DlsposlUon PERTAINING TO THE COMPENSATION AND WORIONG CONDITIONS FOR THE SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION (4 year MOU from July 1, 2002 through June 30, 2009) (Counclimember Miller absent) 1. Term of Agreemen.. Four (4) year agreement beginning July 1, 2002 through June 30, 2006. Il. Compensation: a. FY 02/03: Effective July 1, 2002 an across the board salary range increase to the three represented job classes (Police Captain, Police Lieutenant and Police Support Services Manager) of two percent (2.0%) and beginning the second full pay period following adoption of the MOU by the City Council a two and one half percent (2.5%) across the board salary range increase to the three represented job classes (see shift in employer paid "employee" retirement contribution below). b. FY 03/04: Effective July 1, 2003 an across the board salary range increase to the three represented job classes of 5.0% (see shift in employer paid "employee" retirement contribution below). C. FY 04/05: Effective July 1, 2004 an across the board salary range increase to the two represented job classes of 4.0% (see shift in employer paid "employee" retirement contribution below). d. FY 05/06: Effective July 1, 2005 an across the board salary range increase to the two represented job classes of 3.0% (see shift in employer paid "employee" retirement contribution below). III. Retirement: a. Employer Paid Member Contribution (EPMC): Pursuant to previous MOUs the City of San Rafael pays the full cost of the employees' contribution into this retirement plan, not to exceed eight (8%) percent (Note: actual employee contribution rate is based on age at entry into the retirement system). During the course of this MOU contract renewal the City will incrementally lower its contribution to EPMC and adjust salary by a like amount. The incremental change in this City expense is shown below. 1. Beginning the second full pay period following adoption of this MOU by the City Council the EPMC rate will be changed from eight percent (8.0%) to the first five and one-half percent (5.5%) of the EPMC. 2. Effective July 1, 2003 the City's EPMC rate contribution will be changed from the first five and one-half percent (5.5%) to the first three percent (3.0%). 3. Effective July 1, 2004 the City's EPMC rate contribution will be changed from the first three percent (3.0%) to the first one percent (1.0%) 4. Effective July 1, 2005 bargaining unit members shall pay the full share of the employees' contribution (EPMC rate) to the Marin County Employees' Retirement System. b. Member CO A of Living Rates: In the employees' iodrement system, Marin County Employees' Retirement System, a cost of living adjustment (COLA) is built into the employer and employee retirement contribution rates. Information obtained from representatives of this system indicated that in all other employer plans in this retirement system, the COLA rate was built into the EPMC rate, not split between the employer and EPMC rate, as is the case with the City of San Rafael. It is estimated by the actuarial study report that the employer contribution to the COLA is 1.0% of payroll for Safety members and 1.34% of payroll for Miscellaneous members. With adoption of this MOU the City and the bargaining group have agreed to shift this amount to base salary and have the EPMC rate table adjusted by a like amount (as allowed under Articles 6 and 6.8 of the 1937 Retirement Act). Per the negotiated MOU this change would be implemented with the salary increase to be granted on July 1, 2003. a. Retirement Plan: The San Rafael Police Mid -Management Association represents both "safety" and "miscellaneous" members in the Marin County Employees' Retirement System. Effective July 1, 2004, the 3% @ 55 retirement program would be implemented for all safety job classes represented by this bargaining group. Effective July 1, 2004, the 2.7% @55 retirement program would be implemented for all miscellaneous job classes represented by this bargaining group. The implement and administration of these retirement plans would be subject to Marin County Employee Retirement Association procedures and regulations applicable to the 1937 Act laws that govern such plans. IV. City Contribution to Employee Health and Disability Insurance: During the four-year term of this MOU the City shall increase its contribution to the employee's premium costs for enrollment in group health and disability insurance plans. Currently the City's contribution is $385 per month. a. Effective the first paycheck in December 2002 the City contribution shall increase to $415 per month. b. Effective the first paycheck in December 2003 the City contribution shall increase to $437 per month. C. Effective the first paycheck in December 2004 the City contribution shall increase to $462 per month. d. Effective the first paycheck in December 2005 the City contribution shall increase to $489 per month. V. Non -Economic Issues: a. Discrimination: The City of San Rafael's Harassment policy and the grievance procedure outlined in that policy is identified as the process the employee should following in reporting alleged discriminatcii/harassment instead of the grievanuo procedure outlined in the MOU. b. Drug and Alcohol Policy: A specific policy on this subject is established and outlined in this MOU. C. Temporary Modified Duty Policy: A specific policy on this subject is established and outlined in this MOU. FISCAL IMPACT: Over the course of this four-year agreement the total compensation costs (salaries, retirement and benefits) will increase by $145,650 for this six member bargaining group. This increase is in line with the compensation authority granted to the City's team for these negotiations. OPTIONS: The City Council can accept staffs recommendation and adopt the resolution or seek additional information from staff and postpone a decision on this Memorandum of Understanding or the City Council can direct the City's negotiations team back to the table with this bargaining group with a change in authority. ACTION REQUIRED: The City Council adopts the resolution approving the renewal of the Memorandum of Understanding with the San Rafael Police Mid -Management Association for a period of four years (July 1, 2002 through June 30, 2006). RESOLUTION NO. 11190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO 10491 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION. (4 year MOUfrom July 1, 2002 through June 30, 2006). WHEREAS, the City of San Rafael and the San Rafael Police Mid -Management Association, have met and conferred 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 dated October 18, 2002, and consisting of 27 pages and Exhibits has been executed by duly authorized representatives for both parties; follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and the San Rafael Police Mid -Management Association, shall utilize the Memorandum of Understanding effective July 1, 2002, as the official document of reference respecting compensation and working conditions for Police Department personnel represented by the Police Mid - Management Association; Section 2: The schedules describing classes of positions and salary ranges attached as Exhibit A through D, to said Memorandum of Understanding, together with the Memorandum of Understanding itself are hereby adopted and both shall be attached hereto and incorporated in full. I, JEANNE M. LEONCIi`II, 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 Council of said City on Monday the 21' day of October, 2002 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mi 11 e (\�� fid/ j� � �, h1 JC—a�w/`�• JEA . LEONCIM, CITY CLERK Memorandum of Understanding between San Rafael Police Mid -Management Association and City of San Rafael July 1, 2002 through June 30, 2006 Table of Contents CHAPTER 1. GENERAL PROVISIONS 1.1. INTRODUCTION 1.1.1. Scope of Agreement 1.1.2. Term 1.2. RECOGNITION 1.2.1. Bargaining Unit 1.2.2. Available Copies 1.3. DISCRIMINATION 1.3.1. In General 1.3.2. Association Discrimination 1.4. ASSOCIATION RIGHTS_ 1.4.1. Employee Representatives 1.4.2. Dues Deduction 1.4.3. Release Time 1.5. CITY RIGHTS 1.5.1. Defined City Rights CHAPTER 2. COMPENSATION 2.1. SALARY 2.1.1. Goal and Compensation Definitions 2.1.2. Compensation Surveys 2.1.3. Salary Increases and Revenue Sharing Calculations 2.1.3.a Fiscal Year 2002 - 2003 Increase 2.1.3.b Fiscal Year 2003 - 2004 Increase 2.1.3.c Fiscal Year 2004 - 2005 Increase 2.1.3.d Fiscal Year 2005 - 2006 Increase 2.2. COMPENSATION PLAN 2.2.1. Pay Dates. 2.3. SALARY STEP INCREASE 2.4. MERIT STEP INCREASE 2.5. ADDITIONAL PAY _ 2.5.1. Educational Incentive 2.5.2. Bilingual Pay 2.5.3 Shift Differential 2.6. PROBATIONARY PERIOD 2.6.1. Purpose of Probation 2.6.2. Length of Probationary Period 2.6.3. Rejection During Probation 2.6.4. Notification of Rejection 2.6.5. Extension of Probationary Period 2.6.6. Regular Status 2.6.7. Promotion of Probationary Employee 2.6.8. Unsuccessful Passage of Promotional Probation I 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 4 4 4 4 5 5 6 6 7 7 8 8 8 8 8 8 9 9 9 9 9 10 10 10 10 10 Table of Contents CHAPTER 3. HEALTHAND WELFARE 10 3.1. INSURANCE 10 3.2. RETIREMENT CONTRIBUTION 11 3.2.1. City Paid Employee Retirement 11 3.2.2. Retirement Plans 12 3.2.3. Member Cost of Living Rates 12 3.3. DENTAL INSURANCE 12 3.4. VACATION LEAVE 12 3.4.1. Eligibility. 12 3.4.2. Rate of Accrual. 12 3.4.3. Administration of Vacation Leave. 13 3.4.4. Vacation Cash In: 13 3.4.5. Vacation Cap: 13 3.5. SICK LEAVE ISSUES 14 3.5.1. Eligibility. 14 3.5.2. Accumulation. 14 3.5.3. Use of Sick Leave. 14 3.5.4. Advance of Sick Leave. 15 3.5.5. Upon Termination of Employment. 15 3.6. ADMINISTRATIVE LEAVE 15 3.7. HOLIDAYS 15 3.8. OTHER LEAVES 16 3.8.1. Bereavement Leave. 16 3.8.2. Military Leave. 16 3.8.3. Leave of Absence Without Pay. 16 3.8.4. Industrial Injury Leave. 16 3.8.5. Jury Duty. 17 3.8.6. Medical Leave of Absence. 17 3.8.7. Absent Without Authorized Leave. 17 CHAPTER 4. HOURS OF WORK 17 4.1. WORK WEEK 17 4.2. ALTERNATIVE WORK SCHEDULES 17 CHAPTER S. TERMS AND CONDITIONS OF EMPLOYMENT 17 5.1. DEMOTION 17 5.2. SUSPENSION 18 5.3. TERMINATION OF EMPLOYMENT 18 5.3.1. Resignation. 18 5.3.2. Termination - Lay off. 18 5.3.3. Termination - Disciplinary Action. 18 5.3.4. Retirement. 18 5.3.5. Rejection During Probation. 18 Table of Contents CHAPTER 6. DISCIPLINARYACTION 18 6.1. AUTHORITY 18 6.2. DEFINITION 19 6.3. CAUSES FOR DISCIPLINARY ACTION 19 6.4. APPEALS 19 6.5. CITY MANAGER AND ARBITRATION 20 CHAPTER 7. GRIEVANCE PROCEDURE 20 7.1. DEFINITION 20 7.2. INITIAL DISCUSSIONS 20 7.3. REFERRAL TO CITY MANAGER 20 7.4. CITY MANAGER AND ARBITRATION 20 CHAPTER 8. REDUCTIONIN FORCE 21 CHAPTER 9. MISCELLANEOUS 21 9.1. EMPLOYER-EMPLOYEE RESOLUTION 21 9.2. UNIFORM ALLOWANCE 22 9.3. OUTSIDE EMPLOYMENT 22 9.4. GRATUITIES/SOLICITATION OF CONTRIBUTIONS 22 9.5. RETURN OF CITY EQUIPMENT 22 9.6. POLITICAL ACTIVITY 22 9.7. EMPLOYMENT OF RELATIVES 22 9.8. RULES AND POLICIES 22 9.8.1. Personnel Rules. 22 9.8.2. Drug And Alcohol Policy. 22 9.8.3. Temporary Modified Duty Policy Statement. 23 9.8.4. City Vehicle Use. 25 9.9. CLASSIFICATION TITLE CHANGE 25 CHAPTER IO.RULES GOVERNING M. 0. U. 25 10.1. EXISTING LAWS, REGULATIONS AND POLICIES 25 10.2. STRIKES AND LOCKOUTS 25 10.3. FULL UNDERSTANDING, MODIFICATION, WAIVER 25 10.4. PREVAILING RIGHTS 26 10.5. SEVERABILITY 26 10.6. SUCCESSOR NEGOTIATIONS 26 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500 et.seq. of the Government Code of the State of California. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representative unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2002 and ending on June 30, 2006. CHAPTER 1. GENERAL PROVISIONS 1.1. INTRODUCTION 1.1.1. Scope of Agreement The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein -after called "CITY") and the San Rafael Police Mid -Management Association (herein -after called "ASSOCIATION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein (See Exhibit "A"). In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the City's Personnel Ordinance, City's Personnel Rules and Regulations, City's Administrative Procedures, and Police Department Rules & Regulations, General Orders and Procedures. 1.1.2. Term This agreement shall be in effect from July 1, 2002 through June 30, 2006. 1.2. RECOGNITION 1.2.1. Bargaining Unit City hereby recognizes Association as the bargaining representative for purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the San Rafael Police Mid -Management Association Bargaining Unit (As referenced in Exhibit "A" attached). 1.2.2. Available Copies Both City and Association agree to keep duplicate originals of this agreement on file in a readily accessible location available for inspection by any City employee, or member of the public, upon request. Page 1 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 1.3. DISCRIMINATION 1.3.1. In General The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual preference, marital status, medical condition or disability. Any employee who believes they are being discriminated against should refer to the City of San Rafael's Harassment Policy for the process of receiving an internal administrative review of their complaint. This administrative procedure shall be used as the internal complaint procedure in lieu of the grievance procedure outlined in this MOU (Chapter 7). 1.3.2. Association Discrimination No member, official, or representative of the Association shall, in any way suffer any type of discrimination in connection with continued employment, promotion , or otherwise by virtue of membership in or representation of Association. 1.4. ASSOCIATION RIGHTS 1.4.1. Employee Representatives The Association shall by written notice to the City Manager designate certain of its members as Employee Representatives. 1.4.2. Dues Deduction City agrees, upon written consent of the employee involved, to deduct dues, as established by the Association, from the salaries of its members. The sums so withheld shall be remitted by City along with a list of employees who have had said dues deducted. The provisions specified above shall not apply during periods of separation from the representative Bargaining Unit by any such employee, but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representative Bargaining Unit. The term separation includes transfer out of the Bargaining Unit, layoff, and leave without pay absences with a duration of more than five (5) working days. 1.4.3. Release Time One hundred (100) hours per calendar year shall be provided for union release time, apart from MMB activity, with ten days advance notice and approval of the Chief of Police. Any additional hours shall be granted only with ten days advance notice and approval of the Chief of Police. 1.5. CITY RIGHTS 1.5.1. Defined City Rights The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressed abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Page 2 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or non-existence of facts which are the basis of the management decision. 3. To determine the necessity of organization or any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means, technology, and extent of services to be provided to the public. 5. Methods of financing. 6. Types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted. 8. To determine and change the number of locations, relocation's and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract my work or operation of the City. 9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 10. To relieve employees from duties for lack of work or similar non -disciplinary reasons. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel rules and Regulations. 13. To determine job classifications and to reclassify employees. 14. To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this Memorandum of Understanding and the City's Personnel Rules and Regulations. 15. To determine policies, procedures and standards for selection, training, and promotion of employees. 16. To establish employee performance standards including, but not limited to quality and quantity standards; and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operations. Page 3 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. Nothing contained within Article 1.5, City Rights, is intended to, in any way, supersede or infringe upon the rights of the recognized employee Association as provided under applicable Federal and State law, including, but not limited to California State Government Code Sections 3500 through 3510 inclusive. CHAPTER 2. COMPENSATION 2.1 - SALARY 2.1.1 - Goal and Compensation Definitions Goal: It is the goal of the City Council to try to achieve a total compensation package for all employees in the bargaining unit represented by the San Rafael Police Mid -Managers' Association in an amount equal to the following: 1. One dollar ($1.00) above the average of the total compensation paid to the same or similar classifications in the following ten (10) cities: Alameda, Fairfield, Hayward, Napa, Novato, San Leandro, Santa Rosa, Sausalito, South San Francisco and Vallejo. AND 2. The highest total compensation paid to the same or similar classifications in each of the following Marin County police agencies: Belvedere, Fairfax, Marin County Sheriffs Office, Mill Valley, Novato, Ross, San Anselmo, Sausalito, Tiburon and Twin Cities. Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, car allowance, employer paid deferred compensation, employer's contribution towards employees' share of retirement, employer's retirement contribution (to be included for total compensation survey beginning July 1, 2004), employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts. 2.1.2 - Compensation Surveys To measure progress towards the above -stated goal, the City will survey the identified benchmark positions, which are identified in the San Rafael Police Mid -Management Association Represented Benchmarks and Internal Relationships Table attached as Exhibit "E" and included as part of this M.O.U. The City and the Association shall each assign two individuals to review the benchmarks and related survey data for accuracy and completeness. Identified benchmark positions from other agencies includes 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. Page 4 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 To measure whether the goal has been reached, a survey of total compensation for top step benchmark positions will be conducted annually during the month of July of each year of the contract. Survey data will include all salary and benefit increases, as defined in 'total compensation', in place or to be effective no later than September 1 of that same year, for the purpose of applying the excess General Tax Revenues, if any, described below. If such General Tax Revenues are to be applied to a salary increase, there will be a wage increase retroactive to September 1 for the year under survey for all classifications. Retroactive pay increases shall apply to all current and retired (members who did not resign or were terminated) employees represented by this contract during the retroactive period. In no event will total compensation increases available through the revenue sharing provisions of this contract and provided for bargaining unit employees cause the benchmark positions to exceed the stated 'total compensation' goal. All related classifications shall receive the same increases as those received by their assigned benchmark position (as defined in the San Rafael Police Mid - Management Association Represented Benchmarks and Internal Salary Relationships table included as part of this M.O.U.) 2.1.3 - Salary Increases And Revenue Sharing Calculations General Tax Revenues shall be defined for this Chapter of the Memorandum of Understanding to include the following taxes: Sales Tax, Property Tax (Secured, Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax, Hotel Occupancy Tax, Business License Tax and Franchise Fees. No other revenue sources of the City will be included in this definition. 2.1.3.a - Fiscal Year 2002-2003 Increase Effective July 1, 2002, bargaining unit employees shall receive an increase of 2.0% in base salary. Beginning the second full pay period following adoption by the City Council of this M.O.U., bargaining unit employees shall receive an increase of 2.5% in base salary (to coincide with 2.5% reduction in employee paid retirement contributions for this fiscal year as identified in Section 3.2.1). See Exhibit "Al and A2" for salary tables. If, after the above described increase, the total compensation of the top step benchmark positions has not reached the stated goal, then bargaining unit employees shall be entitled to the following possible salary increases: a. If General Tax Revenues of the City for fiscal year 2001-2002 exceed General Tax Revenues of the City for fiscal year 2000-2001 as adjusted by 75% of the total compensation increases provided for fiscal year 2001-2002, then the members of the bargaining unit shall be entitled to apply 2.4% of one-half (1/2) of the excess of fiscal year 2001-2002 General Tax Revenues over fiscal year 2000-2001 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2001-2002, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions identified on "Exhibit E" attached to this MOU. All bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to Page 5 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. 2.1.3.b - Fiscal Year 2003-2004 Increase Effective July 1, 2003, bargaining unit employees shall receive an increase of 5.0% in base salary (to coincide with 2.5% reduction in employee paid retirement contributions for this fiscal year as identified in Section 3.2.1). See Exhibit "B" for salary table. If, after the above described increase, the total compensation of the top step benchmark positions has not reached the stated goal, then bargaining unit employees shall be entitled to the following possible salary increases: a. If General Tax Revenues of the City for fiscal year 2002-2003 exceed General Tax Revenues of the City for fiscal year 2001-2002 as adjusted by 75% of the total compensation increases provided for fiscal year 2002-2003, then the members of the bargaining unit shall be entitled to apply 2.4% of one-half (1/2) of the excess of fiscal year 2002-2003 General Tax Revenues over fiscal year 2001-2002 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2002-2003, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions identified on "Exhibit E" attached to this MOU. All bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. 2.1.3.c - Fiscal Year 2004-2005 Increase Effective July 1, 2004, bargaining unit employees shall receive an increase of 4.0% in base salary (to coincide with 2.0% reduction in employee paid retirement contributions for this fiscal year as identified in Section 3.2.1). See Exhibit "C" for salary table. If, after the above described increase, the total compensation of the top step benchmark positions has not reached the stated goal, then bargaining unit employees shall be entitled to the following possible salary increases: a. If General Tax Revenues of the City for fiscal year 2003-2004 exceed General Tax Revenues of the City for fiscal year 2002-2003 as adjusted by 75% of the total compensation increases provided for fiscal year 2003-2004, then the members of the bargaining unit shall be entitled to apply 2.9% of one-half (1/2) of the excess of fiscal year 2003-2004 General Tax Revenues over fiscal year 2002-2003 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2003-2004, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions identified on "Exhibit E" attached to this MOU. All bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to Page 6 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. 2.1.3.d - Fiscal Year 2005-2006 Increase Effective July 1, 2005, bargaining unit employees shall receive an increase of 3.0% in base salary (to coincide with 1.0% reduction in employee paid retirement contributions for this fiscal year as identified in Section 3.2.1). See Exhibit "D" for salary table. If, after the above described increase, the total compensation of the top step benchmark positions has not reached the stated goal, then bargaining unit employees shall be entitled to the following possible salary increases: a. If General Tax Revenues of the City for fiscal year 2004-2005 exceed General Tax Revenues of the City for fiscal year 2003-2004 as adjusted by 75% of the total compensation increases provided for fiscal year 2004-2005, then the members of the bargaining unit shall be entitled to apply 2.4% of one-half (1/2) of the excess of fiscal year 2004-2005 General Tax Revenues over fiscal year 2003-2004 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2004-2005, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions identified on "Exhibit E" attached to this MOU. All bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. 2.2. COMPENSATION PLAN The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, ascending salary steps for all members of the Association and any other special circumstances or items related to the total compensation paid employees. Each position within the classified services shall be allocated to an appropriate classification in the compensation plan on the basis of duties and responsibilities. Each classification shall be assigned a three step salary range with corresponding ascending salary rates assigned to each step. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect. All initial employment shall be at the first step of the salary step schedule. The City Manager or his/her designee may authorize, upon the recommendation of the Chief of Police, placement at an appropriate higher salary when, in his/her opinion, it is necessary to obtain(ing) 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 beginning salary in excess of the first step. Page 7 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 2.2.1. Pay Dates City employees are paid twice per month on the 15th and the last working day of the month. When a holiday falls on a pay day, the pay day will be transferred to the following day of regular business unless the Finance Division is able to complete the payroll by the previous work day. The method of the distributing payroll shall be established by the Director of Management Services or his designee. 2.3. SALARY STEP INCREASE An employee shall be considered for a step increase annually until the top step has been reached. Advancement to a higher salary within a salary step schedule may be granted for continued satisfactory service by the employee in the performance of his/her duties. Salary step advancement shall be made only upon the recommendation of the Chief of Police concerned, with the approval of the City Manager or his/her designee, and are not automatic, but based on acceptable work performance. Accelerated salary step increases may be granted an employee based upon the recommendation of the Chief of Police and approval of the City Manager for exceptional job performance. 2.4. MERIT STEP INCREASE Employees at the maximum step of their salary step schedule may be granted a merit performance step increase of up to five percent (5%) above and beyond their top salary step. A merit step increase may be effective for up to one (1) year. A merit step increase may be withdrawn after the specified period of time and is not a disciplinary action and is not appealable. Merit step increases may be granted in recognition of meritorious performance beyond the scope of regular duties and in response to extraordinary conditions. Management and Mid -Management employees shall be evaluated annually based on the evaluation program adopted by the City Council in October of 1996 and incorporated by reference herein. 2.5. ADDITIONAL PAY 2.5.1. Educational Incentive The Educational Incentive for Police Captain and Police Lieutenant is included in the base salary. 2.5.2. Bilingual Pay Full Fluency Program A five percent (5%) bilingual pay incentive shall be paid to designated bilingual employees. Conversational Fluency Program A Conversational Fluency Bilingual Program is established which will entitle designated employees to a conversational bilingual incentive of $50 per month. Foreign Language Pay Provisions The City will pay, in advance, any authorized training or educational costs related to an employee becoming fluent in a foreign language up to an amount equal to the cost of the One Twelve USA Program. Employees enrolled in such bilingual training are obligated to reimburse the City through payroll deductions over a period of three (3) years for one half Page 8 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 the cost of any such education after the completion of such course. The employee is obligated to reimburse the City for the full amount of such education costs if he/she drops out of the education program or does not successfully pass the certification test. In the event an employee must reimburse the full amount, reimbursement shall be through payroll deductions over the course of three (3) years or in full upon separation. Within the limits established in items 1 and 2 of this section, to qualify for either the Full or Conversational Programs, employees must be certified as proficient in a language deemed to be of work related value to the Police Department as determined by the Chief of Police and approved by the City Manager by established standards. It is agreed that full fluency or conversational proficiency certification may be obtained by passing a standardized departmental test (to be developed by the department) or fluency certification issued by an agency approved by the Chief of Police. Conversational proficiency certification may be obtained by an employee achieving a Certificate of Completion from One Twelve USA, or passing a departmental conversational test, or a conversational certification issued by an agency approved by the Chief of Police. Fluency in more than one foreign language does not entitle an employee to more than the 5% bilingual pay differential. Both parties agree to annual re -certification of proficiency to continue eligibility for the bilingual differential. Shift assignments and distribution of bilingual employees shall be at the discretion of the Chief of Police. 2.5.3. Shift Differential A five percent (5%) shift differential shall be paid for Police Lieutenant regularly scheduled to work fifty percent (50%) or more of their shift after 5:00 p.m. Shift differential shall not be considered an additional percentage on salary for personnel involved, but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts. The current operational policies and provisions for shift rotation and assignment remain in effect. 2.6. PROBATIONARY PERIOD 2.6.1. Purpose of Probation Each employee shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position. 2.6.2. Length of Probationary Period The probationary period on original and promotional appointments shall be for twelve (12) months. 2.6.3. Rejection During Probation During the probationary period, an employee may be rejected at anytime by the Chief of Police without the right of appeal. Page 9 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 2.6.4. Notification of Rejection On determining that a probationary employee's work is not satisfactory, the Chief of Police shall notify the Personnel Officer in writing of his/her intention to reject the employee. After discussion with the Personnel Officer, the Chief of Police shall notify the employee in writing of his/her rejection. 2.6.5. 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. 2.6.6. Regular Status Regular status in the assigned (new) position shall commence with the day following the expiration date of the probationary period. 2.6.7. Promotion of Probationary Employee An employee serving a probationary period may be promoted to a position in a higher position classification provided he/she is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date. 2.6.8. Unsuccessful Passage of Promotional Probation An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion and all previous rights and privileges restored. Provided, however, that if the cause for not passing the promotional probationary period was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. CHAPTER 3. HEALTH AND WELFARE 3.1. INSURANCE A. Health, Life and Long Term Disability 1. The City shall contribute up to $350/month towards the premium costs for each eligible employee's group Health and Disability Plans (City or PORAC disability plan). Employees who retire from the Marin County Retirement System within 120 days of leaving their City of San Rafael position are eligible to continue in the City's group health insurance program and receive a City contribution toward their group health insurance premium equivalent to $385 per month. a. Effective the first pay date in December, 2002 the City's contribution will increase from $385 to $415 per month. b. Effective the first pay date in December, 2003 the City's contribution will increase from $415 to $437 per month. Page 10 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 c. Effective the first pay date December, 2004 the City's contribution will increase from $437 to $462 per month. d. Effective the first pay date in December, 2005 the City's contribution will increase from $462 to $489 per month. 2. The City shall pay the full cost of the employee's enrollment in the City provided life insurance plans (Basic plan: $5,000 term policy and Supplemental plan: term policy equal to one times the employee's annual base pay. NOTE: In this instance, base pay means salary as listed in the salary resolution). 3. Upon reasonable advance notice to the Association, the City shall have the option of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits for active or retired employees from those benefits available under the PERS program; and provided further such contracting shall not cause a material increase in premiums for either the City or the employees. There shall be no requirement for the City to meet and confer upon the City's exercising the option described above in accordance with the provisions of this paragraph. 3.2 RETIREMENT 3.2.1. City Paid Employee Retirement On July 1, 2002, the City will pay the full share of the employee's contribution, not to exceed eight percent (8%) of salary, to the Marin County Retirement System. If the full amount of the employee's contribution is less than eight percent (8%) of salary, then only the full share shall be paid. Beginning the second full pay period following adoption by the City Council of this M.O.U., the City will pay the full share of the employee's contribution, not to exceed five and one half percent (5.5%) of salary, to the Marin County Retirement System. If the full amount of the employee's contribution is less than five and one half percent (5.5%) of salary, then only the full share shall be paid. On July 1, 2003, the City will pay the full share of the employee's contribution, not to exceed three percent (3%) of salary, to the Marin County Retirement System. If the full amount of the employee's contribution is less than three percent (3%) of salary, then only the full share shall be paid. On July 1, 2004, the City will pay the full share of the employee's contribution, not to exceed one percent (1 %) of salary, to the Marin County Retirement System. If the full amount of the employee's contribution is less than one percent (1 %) of salary, then only the full share shall be paid. Page 11 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 On July 1, 2005, bargaining unit members shall pay the full share of the employee's contribution to the Marin County Retirement System. 3.2.2 Retirement Plans On July 1, 2004, the City shall provide the Marin County Employee Retirement Association 3% at 55 retirement program to all safety members, as defined under the 1937 Act Government Code Section 31664, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. On July 1, 2004, 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. 3.2.3 Member Cost of Living Rates Effective July 1, 2003, 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). 3.3. DENTAL INSURANCE The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care, $25 deductible on corrective care (80/20) per patient per calendar year and orthodontic coverage (50/50); and 80/20 coverage of casts, crowns, and restorations in accordance with the plan document of the provider. 3.4. VACATION LEAVE 3.4.1. Eligibility. Annual vacation with pay shall be granted each employee. Vacation leave accrued shall be prorated for those employees working less than full time. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the Chief of Police. 3.4.2. Rate of Accrual. Vacation benefits shall accrue during the probationary period. Effective with the first of the month following adoption of this Resolution, each regular full time employee shall commence to accrue vacation at the following rate for continuous service: Years of Service Leave Accrual rate/year 1 - 5 years 15 days 6 years 16 days 7 years 17 days 8 years 18 days 9 years 19 days Page 12 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 10 years 20 days 11 years 21 days 12 years 22 days 13 years 23 days 14 years 24 days 15 years plus 25 days 3.4.3. Administration of Vacation Leave. The City Manager, upon the recommendation of the Chief of Police, may advance vacation credits to any eligible employee, except that if the employee leaves City employment before accruing the used vacation leave said employee will reimburse the City of the advanced vacation leave. In recognition of exempt status from FLSA, time off for vacation leave purposes shall not be deducted from the employees' accrual, unless the employee is absent for the full work day. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, shall be determined by the Chief of Police with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee. In the event that one or more City holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. 3.4.4. Vacation Cash In: An employee, who has taken at least ten (10) days 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 can not cash in more than seven (7) days of vacation in any one fiscal year. 3.4.5. Vacation Cap: This policy becomes effective January 1, 1998. With the effective date of this policy employees represented by the San Rafael Police Mid -Management Association: • Would continue to accrue vacation leave at the rate prescribed in Section 3.4.2. • During each calendar year the policy is in effect employees would be limited (cap) in the number of vacation hours they can carry over from one year to the next (the cap limit would first apply to carrying over hours into the 1999 calendar year). • The carry over limit (cap) is 240 hours, unless the employee was already above this limit at the time this policy was implemented, in which case their balance is their limit and that limit is decreased as the employee uses their vacation leave. Page 13 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 3.5. SICK LEAVE ISSUES 3.5.1. Eligibility. Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be considered as a privilege which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Chief of Police according to department Rules and Regulations at the beginning of his/her daily duties. Every employee who is absent from his/her duties for two (2) consecutive work days shall file with the Personnel Officer, a physician's certificate or the employee's personal affidavit stating the cause of the illness of disability. The inability or refusal by said employee to furnish the requested information, as herein required, shall constitute good and sufficient cause for disciplinary action, including dismissal. In recognition of exempt status from FLSA, time off for sick leave purposes shall not be deducted from the employee's account, unless the employee is absent for the full work day. 3.5.2. Accumulation. All eligible full time employees shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave may be accumulated to an amount not to exceed one hundred fifty (150) working days. The sick leave accrual rate is prorated for eligible part time employees. The cap on sick leave accrual, 150 days, does not apply for accrual purposes but does apply for sick leave separation payoff purposes. 3.5.3. Use of Sick Leave. An employee may use accrued sick leave during their probationary period. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: (1) Personal illness or illness within the immediate family (immediate family under 3.5.3.(1) is defined as employee's spouse, dependent children and/or employee's parents, not in-laws), or physical incapacity resulting from causes beyond the employee's control; or (2) Enforced quarantine of the employee in accordance with community health regulations. (3) Medical appointments that cannot be scheduled during non -working hours shall be charged to sick leave, unless the employee is a sworn Police Officer. Except that in 1. and 2. above an employee may not use sick leave for a work related injury and/or illness once said employee has been determined permanent and stationary. Sick Leave Service Credit Option: Employees who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after July 1, 2002, and within 120 days of leaving City employment (excludes deferred retirement), shall receive employment service credit, for retirement purposes only, for all hours of accrued, Page 14 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 unused sick leave (exclusive of any sick leave hours said employee is eligible to receive and elects to receive in compensation at the time of retirement, pursuant to Sick leave payoff Section MOU). 3.5.4. Advance of Sick Leave. Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who have been granted sick leave that is un -accrued at the time of such separation shall reimburse the City of all salary paid in connection with such un - accrued leave. 3.5.5. Upon Termination of Employment. By resignation, retirement or death, an employee who leaves the City in good standing shall receive compensation for all accrued, unused sick leave based upon the rate of three percent (3) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. 3.6. ADMINISTRATIVE LEAVE Mid -Management employees in this Association shall receive seven (7) Administrative Leave days each calendar year subject to the approval of the department head and the City Manager. An additional three (3) days may be granted at the discretion and with approval of the department head and the City Manager. Unused Administrative Leave does not carry over from one calendar year to the next, nor are unused balances paid off upon an employee's resignation. In recognition of exempt status from FLSA time off for Administrative leave purposes shall not be deducted from employee's accrual, unless the employee is absent for the full work day. 3.7. HOLIDAYS The following holidays will be observed: New Years Day Martin Luther King Day Washington's Birthday Lincoln's Birthday Cesar Chavez Day Memorial Day Independence Day Labor Day Admission Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day All represented employees in this Association shall receive straight time compensation for every holiday worked or which falls on a regularly scheduled day off in each given year which all other employees receive as time off Said compensation shall be paid twice each year on the first pay period of December and the first pay period of June. All represented employees in this Association shall have the discretion of either work the holiday, take the holiday off, or use vacation or administrative leave to take the holiday off and still receive compensation (subject to normal leave approval procedures within the Department.) Page 15 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 3.8. OTHER LEAVES 3.8.1. Bereavement Leave. In the event of the death of an employee's spouse, child, parent, brother, sister, in-laws, relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family, and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to three (3) days of accrued sick leave within the State and up to five (5) days of accrued sick leave out-of-state, may be granted for bereavement leave so the employee may attend the funeral. In the case where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple memo describing the relationship and submit this to the Chief of Police as part of the request for bereavement leave. 3.8.2. Military Leave. Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the City Manager and the Chief of Police an opportunity within the limits of military regulations, to determine when such leave shall be taken. 3.8.3. Leave of Absence Without Pay. Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Applicable accrued leave must be exhausted prior to the granting of leave without pay. Applicable benefits do not accrue during times of leave without pay and Police Officer status is removed. 3.8.4. Industrial Injury Leave. For benefits under Workers Compensation, an employee should report any on the job injury to his/her supervisor as soon as possible, preferably within twenty-four (24) hours. The City Manager's office coordinates benefits for Worker's Compensation claims. For further information, see the Industrial Accidents and Injuries section of the City's Injury and Illness Prevention Program. All regular, full time 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, and who are receiving or shall receive compensation from the City's insurance carrier for such disability, and during the first seven (7) days after such disability when compensation is not paid by the insurance carrier, shall be entitled to remain absent from duty with pay until such time as they are able to return to duty or some other final disposition is made of their case, provided, however, compensation leave payments shall not exceed the following limitations: SAFETY EMPLOYEES Compensation leave payments shall not exceed the employee's regular full pay for the first twelve (12) calendar months. Worker's Compensation checks from the City's Worker's Compensation Administrator due the employee will be made payable to the City of San Rafael and the employee. After said check is properly endorsed, it shall be deposited with the City Treasurer. Page 16 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 3.8.5. 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 Chief Of Police and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty. 3.8.6. Medical Leave of Absence. Upon depletion of sick leave and any other accrued paid leave, an employee may be granted a medical leave of absence without pay for a period not exceeding sixty days by the City Manager. If the employee is unable to return to work at the end of this period, he or she must request further medical leave in writing with a doctor's statement which will be subject to the approval of the City Manager. If further leave is not granted, and the employee is unable/unwilling to return to full duty, the employee's service with the City shall be considered terminated. 3.8.7. Absent Without Authorized Leave. An unauthorized absence of an employee for three consecutive work day shall constitute an automatic resignation from City service. CHAPTER 4. HOURS OF WORK 4.1. WORK WEEK The established work week for the Police Department shall be 0001 hours Sunday through 2400 hours Saturday. Job classifications covered by this Memorandum of Understanding would be scheduled to work during normal business working hours, Monday through Friday. 4.2. ALTERNATIVE WORK SCHEDULES Alternative work schedules which include a total of 2080 annual working hours, if mutually agreed to by the Association and the Chief of Police, may be implemented for designated trial periods of time. During these trial periods, the work unit's effectiveness, sick leave usage and workers compensation claims shall be evaluated. During the trial period, either party shall have the right to terminate the alternative work schedule with seven days notice to the other party. CHAPTER 5. TERMS AND CONDITIONS OF EMPLOYMENT 5.1. DEMOTION The City Manager or his/her designee may demote an employee when the following occurs: (A) The employee fails to perform his/her required duties. (B) The need for a position which an employee fills no longer exists; (C) An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications of the position at the time of demotion. When the action is initiated by the City Manager or his/her designee, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy filed with the Personnel Office. Page 17 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 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 Chapter 6 "Disciplinary Action." 5.2. SUSPENSION The City Manager may suspend an employee from a position at any time for a disciplinary purpose. Intended suspension action shall be reported immediately to the Personnel Officer, and shall be taken in accordance with Chapter 6 , "Disciplinary Action." 5.3. TERMINATION OF EMPLOYMENT 5.3.1. Resignation. An employee wishing to leave the City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the City Manager and Personnel Office. 5.3.2. Termination - Lay off. The City Manager or his/her designee may terminate an employee because of changes in duties or organization, abolition of position, shortage of work or funds, or completion of work for which employment was made. 5.3.3. Termination - Disciplinary Action. An employee may be terminated at any time for disciplinary action, as provided in Chapter 6 "Disciplinary Action." 5.3.4. Retirement. Retirement from the City services shall, except as otherwise provided, be subject to the terms and conditions of the City's contract as amended from time to time, with the Marin County Retirement System. 5.3.5. Rejection During Probation. An employee may be terminated from their position during the probationary period of their initial appointment to the City's classified service without Right of Appeal. CHAPTER 6. DISCIPLINARY ACTION 6.1. AUTHORITY The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. Page 18 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 6.2. DEFINITION Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and suspension resulting in loss of pay. 6.3. CAUSES FOR DISCIPLINARY ACTION The City may discipline or discharge an employee for the following: A. Fraud in securing appointment. B. Negligence of duty. C. Violation of safety rules. D. Unacceptable attendance record including tardiness, overstaying lunch or break periods. E. Possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotic or dangerous drugs during working hours. F. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. G. Unauthorized soliciting on City property or time. H. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. I. Unacceptable behavior toward (mistreatment or discourteousness to) the general public or fellow employees or officers of the City. J. Falsifying employment application materials, time reports, records, or payroll documents or other City records. K. Disobedience to proper authority. L. Misuse of City property. M. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations. N. Disorderly conduct, participation in fights, or brawls. O. Dishonesty or theft. P. Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action. Q. Failure to perform to an acceptable level of work quality and quantity. R. Insubordination. S. Other acts inimicable to the public service. 6.4. APPEALS If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case through the appropriate procedure (Chapter 7). Such appeal must be filed with the City Manager by the employee in writing within five (5) working days from the date of the discipline/discharge and unless so filed the right of appeal is lost. Page 19 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 6.5. CITY MANAGER AND ARBITRATION The employee (Appellant) may submit the appeal directly to the City Manager or may request arbitration. If arbitration is requested, representatives, of the City and the employee (Appellant) shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City. A hearing before the arbitrator shall be held within sixty days of the selection of the arbitrator unless the arbitrator's schedule does not so permit. The arbitrator shall not have the power to amend or modify either party's position, but shall rule on the merits of each party's case as presented during the hearing. Decisions of the Arbitrator on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City. In addition to the arbitrators proposed by the State Mediation and Conciliation Service, the parties shall be free to select from a pool of arbitrators mutually selected by the City and the Association. CHAPTER 7. GRIEVANCE PROCEDURE 7.1. DEFINITION A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding. 7.2. INITIAL DISCUSSIONS Any employee who believes that he or she has a grievance may discuss his or her complaint with the Chief of Police or with such management official as the Chief of Police may designate. If the issue is not resolved within five (5) working days in the Department, or if the employee elects to submit his or her grievance directly to an official of the employee organization which is formally recognized as the representative of the classification of which he or she is assigned, the procedures hereafter specified may be invoked. 7.3. REFERRAL TO CITY MANAGER Any employee or any official of the employee organization which have been formally recognized by the City and which has jurisdiction over any position directly affected by the grievance may notify the City Manager and Police Chief in writing that a grievance exists, and in such notification, state the particulars of the grievance, and, if possible, the nature of the determination which is desired. No grievance may be processed under subsection 7.4 below which has not first been heard and investigated in pursuance of subsection 7.2. A grievance which remains unresolved thirty (30) calendar days after it has been submitted in writing may be referred to the next step. Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative. 7.4. CITY MANAGER AND ARBITRATION If the grievance is not resolved in the previous step, the grievant, the Association, or the City may, after completion of the previous step in the grievance procedure, submit the grievance directly to the City Manager, or may request arbitration. If arbitration is requested, representatives of the City and the Association shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the Page 20 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 City. Each part, however, shall bear the cost of its own presentations, including preparation and post hearing briefings, if any. No Arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of grievance as hereinabove set forth in paragraph (1) of this Section. Proposals to add to or change this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be grievable and nor proposal to modify, amend or terminate this Memorandum of Understanding, not any matter or subject under this Section; and no Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. No changes in the Memorandum of Understanding or interpretations thereof will be recognized unless agreed to by the City Manager and the Association. A hearing before the arbitrator shall be held within 60 days of the selection of the arbitrator unless the arbitrator's schedule does not so permit, and the arbitrator shall render a decision which is binding on the parties hereto, to the extent permitted by the Charter of the City. CHAPTER & REDUCTION IN FORCE In reduction of forces, the last employee appointed within the represented classification shall be the first employee laid off, and in re -hiring, the last employee laid off shall be the first employee re -hired until the list of former employees is exhausted, provided that the employee retained or re -hired is capable, in the opinion of the City, to perform the work required. An employee laid off from City services prior to being re -hired must pass the physical examination administered by a City - appointed physician and must pass the background check administered by the Police Department. The names of employees laid off shall be placed on a Re-employment Eligible List as hereinafter specified. The Re-employment Eligible List shall consist of names of employees and former employees having probationary or permanent status who were laid off in that classification. The rank order on such lists shall be determined by relative seniority as specified above. Such list shall take precedence over all other eligible lists in making appointments to the classification in which the employee worked. The name of any person laid off shall continue on the appropriate Re-employment Eligible List for a period of one (1) year after it is placed thereon. The names of any eligible employees on a Re- employment eligible List shall be automatically removed from said list at the expiration of the appropriate period of eligibility. CHAPTER 9. MISCELLANEOUS 9.1. EMPLOYER-EMPLOYEE RESOLUTION The City and the Association agree to abide by the City of San Rafael's Employer -Employee Relations Resolution. Page 21 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 9.2. UNIFORM ALLOWANCE The represented classification will receive a uniform allowance for each six (6) months of service ending June 30 and December 31. Effective with the 12/31/99 payment the uniform allowance will be $300.00 ($600.00 per year). A pro -rated portion of the allowance may be given for the first and last six (6) months of service upon recommendation of the Police Chief and approval of the City Manager or their designee. 9.3. OUTSIDE EMPLOYMENT All employees of the Police Department should refer to Departmental General Order 91-06 for the policy and procedures related to outside employment. 9.4. GRATUITIES/SOLICITATION OF CONTRIBUTIONS All employees of the Police Department should refer to Departmental Rule and Regulation 300.48 and 300.50 for the rules and procedures related to gratuities/solicitation. 9.5. RETURN OF CITY EQUIPMENT Upon termination of employment, all tools, equipment, and other City property assigned to any employee shall be returned. 9.6. POLITICAL ACTIVITY The political activity of City employees shall comply with pertinent provisions of State and Federal Law. 9.7. EMPLOYMENT OF RELATIVES The City retains the right: 1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security or morale. 2. To refuse to place both parties to a relationship in the same department, division or facility where such has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interest. 9.8. RULES AND POLICIES 9.8.1. Personnel Rules. This Association accepts the revised Personnel Rules and Regulations presented in a documented dated 4/91. 9.8.2. Drug And Alcohol Policy. The City and Association jointly recognize alcoholism and drug abuse as illnesses which may be treatable. The parties are concerned regarding alcoholism and drug problems which cause poor attendance and unsatisfactory employment related performance and/or which may pose a danger to employees or the public. Therefore, the City and Association endorse the concept of a drug free work place. Page 22 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 Possession and/or sale of illegal drugs, use of illegal drugs or misuse of prescribed drugs or alcohol, or being under the influence of drugs or alcohol while on the job is strictly prohibited. Employees violating this policy are subject to discipline, up to and including termination. When reasonable cause (relates to readiness and/or ability to perform job responsibilities) exists, the City may require employees to submit to a medical examination, including but not limited to a urine or blood analysis, to determine whether the employee is using drugs or alcohol. Said testing shall occur on City time and be paid for by the City. An employee's failure to submit to a medical examination will be considered an act of insubordination, and therefore, subject to disciplinary action. Depending on the circumstances causing the order for medical examination, employees testing positive may be subject to discipline, up to and including termination. Upon being informed that the employee tested positive, the employee may request a meeting with the Human Resources Manager and the Chief of Police to review the test results and provide the employee's explanation for such results. Employees are encouraged to voluntarily participate in the City sponsored employee assistance program (EAP). However, EAP participation may be a City -mandated alternative to disciplinary action arising out of a violation of the City's drug and alcohol policy. As a course of participating in the EAP on a mandated basis, an employee may be required to enter into a "return to work agreement," with the City. Said agreement shall stipulate ongoing freedom from drug and/or alcohol use as a condition of continued employment. Employees who seek voluntary assistance for alcohol and/or substance will not be disciplined for seeking such assistance. Requests from employees to the Chief of Police for such assistance shall remain confidential and shall not be revealed to other employees or management personnel, who do not have a need to know, without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. An employee who is disciplined/discharged for inappropriate alcohol and/or drug use may appeal such action pursuant to Chapter 7.4 of the Memorandum of Understanding. 9.8.3. TEMPORARYMODIFIED DUTYPOLICYSTATEMENT The purpose of this temporary modified duty program is to minimize the losses of productive time, while at the same time reintroducing the employee to work sooner to prevent deterioration of skills, facilitate recovery and reduce income loss. Modified duty assignments will be structured so that employees are not placed in a duty status that would aggravate or re -incur an injury or illness. Modified duty assignments are to be limited to temporary periods and are not to be used to create a permanent modified duty assignment. 1. Coverage Any employee who suffers a temporary and partial disability due to an industrial or non- industrial injury or illness will be covered by this modified duty program. Determination/Required Reports Page 23 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 a. Modified Duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determination will also be based on the needs of the City and the impact of modified duty departmental operations. b. After the initial report, updated medical reports shall be submitted to the department head at two week intervals, or at other agreed upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non- industrial injuries or illnesses regardless of whether or not a modified duty assignment has been made. C. Reports will be evaluated by the department head for purposes of continuing or terminating a current modified duty assignment or to determine when to commence a modified duty assignment. . Modified Duty Assignments - Definitions/Restrictions a. Modified duty assignments may consist of reduced work hours, limited work or any combination thereof. b. Modified duty assignments will not adversely affect the employee's normal wage rate or retirement benefits. C. Modified duty assignments will be within the employee's assigned department and will involve work which is consistent with the duties of the employee's classification. d. When feasible, modified duty assignments will be during the employee's normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee will be assigned modified duty during normal office hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. e. Specific modified duty assignments will be developed based upon a case by case review of the medical restrictions, so as not to aggravate or reincur an injury or illness. f. Employees will not be placed in modified duty assignments, that in the normal course of events, will require that they provide direct field emergency response. 4, HolidaysNacations a. Holidays shall be observed in accordance with the modified duty assignment work hours and work week. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take the holiday off, so shall the modified duty employee. If the employee is assigned to work hours on a work holiday, so shall the modified duty employee. Compensation for holidays shall be in accordance with applicable Memorandum of Understanding or the Personnel Rules and Regulations. b. Employees assigned to modified duty shall take their assigned (selected) vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been enjoyed by the employee if they had remained on full duty. Employees may reschedule their assigned (selected) vacation with the approval of the department head, provided the rescheduling does not result in increased costs or lost time to the City for relief personnel to cover the rescheduled vacation. Page 24 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 5. Return to Full Duty Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of his or her classification. 9.8.4. City Vehicle Use. The City agrees to allow all currently represented classified positions (Police Captain, Police Lieutenant, and Police Support Services Manager), covered by this agreement, the use of department vehicles, as practiced on the date the M.O.U. was adopted by the City Council, for FY 91-92, as they are expected to respond to emergencies. During the term of this contract the Chief of Police and members of this Association shall meet and confer on the development of a specific policy related to City Vehicle Use. 9.9. CLASSIFICATION TITLE CHANGE Effective with the adoption of the M.O.U., the job classification title of Police Bureau Commander will be changed to Police Captain. This title change does not impact current duties assigned to this job classification. This change is being made to better reflect the nature of the work and the titles typically used for similar positions in the comparison cities. CHAPTER 10.RULES GOVERNING M.O.U. 10.1. EXISTING LAWS, REGULATIONS AND POLICIES This M.O.U. is subject to all applicable laws. 10.2. STRIKES AND LOCKOUTS During the term of this M.O.U., the City agrees that it will not lock out employees, and the Association agrees that it will not encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time. 10.3. FULL UNDERSTANDING, MODIFICATION, WAIVER A. The parties jointly represent to the City Council that this M.O.U. set forth the full and entire understanding of the parties regarding the matters set forth herein. B. Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to meet and confer with respect to any subject or matter covered herein, not as to wages or fringe benefits during the period of the term of this M.O.U. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring for a proposed M.O.U. between the parties to be effective on or after July 1, 2006. Page 25 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 10.4. PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, ordinance or resolution, which are not specifically superseded by this M.O.U., shall remain in full force and effect throughout the term of this Agreement. 10.5. SEVERABILITY If any article, paragraph or section of this M.O.U. 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 M.O.U. shall not be affected thereby, and the parties shall enter into meet and confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. 10.6. SUCCESSOR NEGOTIATIONS Both parties agree to begin the meet and confer process no later than April 1, 2006, regarding the terms and conditions applicable to a M.O.U. effective July 1, 2006. The process will be initiated by the San Rafael Police Mid -Managers Association through the submittal of upcoming contract requests it wishes to be considered. Page 26 of 27 San Rafael Police Mid -Management Association July 1, 2002 through June 30, 2006 SAN RAFAEL POLICE MID - MANAGEMENT ASSOCIATION By �a John Rohrbacher, Police Captain By iDateI 2,1 v 21- Date CTtYS AEL B A7 Daryl G. Cha dler, Assistant Director Management Services Department By Y� Kennet rdhoff, Assistant Ciiyu Manager Page 27 of 27 MEMORANDUM OF UNDERSTANDING CITY OF SAN RAFAEL SAN RAFAEL POLICE MID -MANAGEMENT ASSOCATION List of Exhibits Exhibit Al Salary Schedule 07/01/02 Exhibit A2 Salary Schedule Second full pay period after adoption Exhibit B Salary Schedule 07/01/03 Exhibit C Salary Schedule 07/01/04 Exhibit D Salary Schedule 07/01/05 Exhibit E Benchmark and Internal Relationship Q :Q L x w c°h° u v LO M LO W CA C10 I_ C. d co U o � Co 0 O Cri N m 1- ti O ti C. a; U U 6% 64 64% N CO O OO O C CO C U OD I- CO CL co ~ rl- m U) +; 6 y M rn CH 6H 00 v,� N 0 m co f. CD C. M r%- r C1D r% CO y 59 ER EA U M CA N Q CO C. 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V cu C ELI a cu acn2 R, ti LO q* c0 c7 qqt W O CO CL . co ►N N cto r O O O CO CO Q T CL 64 Val Ga co N N N co In f� U cm CD ti a cn o LO (D � r r ch m O CO f� CL CD It O Q ~ CL Cl) EA d a U � L � U U) m N C C 'C CD 0a CL =1 a UCD rn (Dcurn U U U 'U m — — — 2.1 C In- CL a° CD N 9 co rn M o m co r• o rn o0 w CL 4.1 U) co LO coO 0 C5 ai ao CL a U) (!9 fia 00 LO rn ti rn V m o fl- :a CL U) 64 Ess I,- o r` M � m rn o a r' co Ess Ess Ess (D LO N Q f` O. �0+ co EA _d � Y d t N E V V% L U a) � m U) O C N C co ` t0 a) 0 d f` C a m =3 CD a U U) (D a`) m U U m U 'U N C d d JIL (0 c San Rafael Police Mid Managers Association MOU Exhibit "E" Benchmark Relationships Job Class Title Police Captain Police Lieutenant Benchmark Relationship Benchmark Benchmark - 15% Police Support Services Mgr. Benchmark - 27%