HomeMy WebLinkAboutHR MOU Police Association 2006CITY OF
SAN RAFAEL
AGENDA ITEM NO.: 8
MEETING DATE: November 20, 2006
REPORT TO MAYOR AND CITY COUNCIL
SUBJECT: Resolution Amending Resolution No. 11199 Approving the Memorandum of
Understanding (MOU) between the City of San Rafael and the Sanafa 1 olice Association.
SUBMITTED BY: APPROVED BY:
Nancy Mackle, Interim Assis ant City Manager Ke hoff, City Manager
RECOMMENDATION:
Adopt resolution amending Resolution No. 11199 approving the Memorandum of Understanding
(MOU) between the City of San Rafael and the San Rafael Police Association.
SUMMARY/BACKGROUND :
Attached is the Resolution and the complete Memorandum of Understanding between the City
and the San Rafael Police Association which details the agreed upon wages, hours and working
conditions for the employees covered by this MOU. The San Rafael Police Association and the
City negotiating team reached an agreement on a three-year 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 in this report.
1. Term of Agreement: A three (3) year agreement beginning July 1, 2006 through June
30, 2009.
2. Compensation: General Wage Increases as follows:
July 1, 2006
2.0%
April 1, 2007
1.0%
Julyl, 2007
2.0%
Feb. 1, 2008
1.0%
July 1, 2008
2.0%
Jan. 1, 2009
1.0%
FOR CITY CLERK. ONLY
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File No.: %-
City Council Meeting: /I 4;�!0 6
Disposition: ADOPTED RESOLUTION NO.12153- RESOLUTION AMENDING RESOLUTION NO. 11199
Y PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT
PERSONNEL (3 year agreement from July 1, 2006 through June 30, 2009)
Page 2
3
2
Compensation Surveys and Revenue Sharing Calculations. Key components in this
section of the MOU include:
a. Compensation surveys have been discontinued.
b. Revenue sharing will not apply in a deficit budget.
c. If revenues are available and if there is not a deficit and if total compensation
does not reach CPI (not to exceed 5%), salaries will be raised to bring total
compensation to meet CPI (or 5%).
d. Revenue sharing increases go into effect in January of each year.
Education Incentive Pay (increased from flat dollar amounts of $291 - $427/month)
Public Safety Dispatcher Certificate 3.0% (effective Jan 1, 2007)
Records Supervisory Certificate 3.0% (effective Jan 1, 2007)
Intermediate Certificate 3.0% (effective Jan 1, 2007)
Advanced Certificate 5.0% (effective Jan 1, 2007)
5. Bilingual Pay. 2.5% pay incentive for conversational bilingual employees for sworn and
non -sworn (increase from $50/month). (Effective July 1, 2006.)
6. Specialty Pay (Effective January 1, 2007. Only applies to select number of staff
assigned to these specialty positions.)
SWAT 2.5% (increase from $600 max per year)
Hostage Negotiation Team 1.0% (increase from $100 per year)
Field Training Officers 2.5% full-time in Patrol, plus additional
2.5% while training, 5% for non -Patrol
Mental Health Officer 15% current, 10% new officer
Field Evidence Technician 1.0% (new)
Defensive Tactics & Firearms Instructor 2.5% (new)
Detective 5% (new)
7. Health & Welfare. Increase the City's monthly contribution to "flexible benefits
spending account" as follows:
Health Base
Flexible
Total
Benefits
Current - all
$
386.00
$
125.00
$
511.00
Year 1 - employee
only
$
386.00
$
125.00
$
511.00
Year 1 - employee
+ 1
$
386.00
$
477.00
$
863.00
Year 1 - family
$
386.00
$
477.00
$
863.00
Year 2 - employee
only
$
386.00
$
125.00
$
511.00
Year 2 - employee
+ 1
$
386.00
$
563.00
$
949.00
Year 2 - family
$
386.00
$
848.00
$
1,234.00
Year 3 - employee
only
$
386.00
$
136.00
$
522.00
Year 3 - employee
+ 1
$
386.00
$
658.00
$
1,044.00
Year 3 - family
$
386.00
$
971.00
$
1,357.00
Page 3
8. Cash Back. Terminate all cash back (pay back).
9. Vacation Caps & Cash Out. Employees whose accrued balances are higher than the
cap will be cashed out with one time buy down. Vacation hours will not be accrued after
employee reaches their new cap in 2007.
10. Work Week—, Clarified work week via side letters signed in 2005 & 2006.
11. New Personnel Policies Agreement on two new City-wide policies: Catastrophic
Leave and Outside Employment
12. Non Economic/ Clarifications. Amendments to the following sections have also been
negotiated for clarification.
• 1.4.1 Employee Representatives
• 2.6.1 Court Pay
• 2.6.2 Call Back Pay
• 2.6.3 Shift Differential
• 4.7.2 Sick leave
• 5.3 Shift Changes
FISCAL IMPACT:
Over the course of this three-year agreement the total compensation costs (salaries, retirement
and benefits) will increase by $1,486,180 for this bargaining group. This increase is in line with
the compensation authority granted to the City's team for these negotiations. Costs for Fiscal
Year 2006/07 are included in the current budget.
OPTIONS:
The City Council can accept staff's 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 REOUIRED:
The City Council adopts the resolution amending Resolution No. 11199 approving the renewal
of the Memorandum of Understanding with the San Rafael Police Association for a period of
three years (July 1, 2006 through June 30, 2009).
CITY OF SAN RAFAEL
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / 9CC
GENDA ITEM NO.
DATE OF MEETING: Nov. 20, 2006
FROM: Nancy Mackle
DEPARTMENT: Economic Development
TITLE OF DOCUMENT: A Resolution of the City Council of the City of San Rafael Amending Resolution
No. I I I„ai q r Pertaining to the Compensation and Working Conditions for Police Department Personnel
(Three Year Agreement from July 1, 2006- June 30, 2009). RECEIVED
Department Head (signature)
ary m T ORN'E"Y
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
AGENDA ITEM: A
ager (signature)
NOT APPROVED
REMARKS:
RESOLUTION NO. 12153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
RESOLUTION NO. 11199 PERTAINING TO THE COMPENSATION AND WORKING
CONDITIONS FOR POLICE DEPARTMENT PERSONNEL.
(3 year agreement from July 1, 2006 through June 30, 2009).
WHEREAS, the City of San Rafael and the San Rafael Police 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 November 20, 2006, and consisting of 39
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 Association, shall utilize the Memorandum of
Understanding for the period beginning July 1, 2006, as the official document of reference
respecting compensation and working conditions for Police Department personnel
represented by the Police Association;
Section 2: The schedules describing classes of positions and salary ranges attached
as Exhibit Al -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. LEONCINI, 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 20th day of November, 2006 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE WE M. LEONCINI, CITY CLERK
'(iaj,± f
`� 3
ORIGINAL
Memorandum of Understanding
between
City of San Rafael
and
San Rafael Police Association
July 1, 2006 through June 30, 2009
CHAPTER 1. GENERAL PROVISIONS 7
1.1. INTRODUCTION
1
I.I.I. Scope of Agreement
1
1.1.2. Term
1
1.2. RECOGNITION
1
1.2.1. Bargaining Unit
1
1.2.2. New Classifications
1
1.2.3. Available Copies
2
1.3. DISCRIMINATION
2
1.3.1. In General
2
1.3.2. Association Discrimination
2
1.4. ASSOCIATION RIGHTS
2
1.4.1. Employee Representatives
2
1.4.2. Union Release Time
2
1.4.3. Commencement of Negotiations
3
1.4.4. Dues Deduction
3
1.5. CITY RIGHTS
3
1.5.1. Defined City Rights
3
CHAPTER 2. COMPENSATION
4
2.1 Definitions
4
2.1.1. Base Salary Increase
4
2.1.2. Total Compensation
5
2.1.3. Contract Compensation Increases
5
2.1.4. Consumer Price Index (CPI)
5
2.1.5. Net Change in General Fund Balance
5
2.1.6. General Tax Revenues
6
2.2. Revenue Sharing Increase
6
2.2.1. Conditions and Calculation for Revenue Sharing
6
2.2.2. Schedule
6
2.3. COMPENSATION PLAN
7
2.3.1. Pay Dates
7
2.4. SALARY STEP INCREASES
7
2.5. MERIT PAY AWARD
8
2.6. CERTIFICATION/EDUCATIONAL INCENTIVE
8
2.6.1. Certificate Incentive
8
2.6.2. Educational Expense Reimbursement Program
8
2.7. ADDITIONAL PAY
9
2.7.1. Court Pay
9
2.7.2. Call -Back Pay
10
2.7.3. Shift Differential
10
2.7.4. Bilingual Pay
11
2.7.5. Special Weapons and Tactics (SWAT) Team
12
2.7.6. Hostage Negotiations Team (HNT)
12
2.7.7. Field Training Officer (FTO)
12
2.7.8. Motor Officer Pay
12
2.7.9. Mental Health Officer Pay
12
2.7.10. Field Evidence Technician (FET)
13
2.7.11. Self -Defense and Tactics (SDAT) & Firearms Instructor Pay
13
2.7.12. Detective Pay
13
CHAPTER 3. PROBATIONARY PERIOD
13
3.1. PURPOSE OF PROBATION
13
3.2. LENGTH OF PROBATIONARY PERIOD
13
3.3. REJECTION DURING PROBATION
13
3.4. EXTENSION OF PROBATIONARY PERIOD
14
3.5. NOTIFICATION OF EXTENSION OR REJECTION
14
3.6. REGULAR STATUS
14
3.7. PROMOTION OF PROBATIONARY EMPLOYEE
14
3.8. UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION
14
CHAPTER 4. HEALTH AND WELFARE
14
4.1. INSURANCES
14
4.1.1. City Contribution
14
4.1.2. Vision Plan
15
4.2. PERS HEALTH INSURANCE BENEFITS
15
4.3. RETIREMENT CONTRIBUTION
16
4.3.1. Retirement Plans
16
4.3.2. Member Cost of Living Rates,..
16
4.4. DENTAL INSURANCE
16
4.5. VACATION LEAVE
16
4.5.1. Eligibility:
16
4.5.2. Rate of Accrual:
17
4.5.3. Administration of Vacation Leave:
17
4.5.4. Vacation Cap
18
4.5.5. Vacation Sign-up
18
4.5.6. Vacation Cash In
18
4.6. SICK LEAVE ISSUES
19
4.6.1. Eligibility
19
4.6.2. Accumulation
19
4.6.3. Use of Sick Leave
19
4.6.4. Advance of Sick Leave
19
4.6.5. Sick Leave Balance
•20
4.7. HOLIDAYS
20
4.8. OTHER LEAVES
21
4.8.1. Bereavement Leave
21
4.8.2. Military Leave
21
4.8.3. Leave of Absence Without Pay
21
4.8.4. Industrial Injury Leave
21
4.8.5. Jury Duty
22
4.8.6. Medical Leave of Absence
22
4.8.7. Absent Without Authorized Leave
22
4.8.8. Catastrophic Leave
22
CHAPTER 5. HOURS OF WORK
23
5.1. WORK WEEK
23
5.1.1. Established Work Week.
23
5.1.2. Alternative Work Schedules.
23
5.1.3. Shift Rotation
25
5.1.4. Patrol Briefing Periods
25
5.1.5. Employee Break and Meal Periods
25
5.2. OVERTIME
26
5.2.1. Requests For Compensatory Time Off.
27
5.3. SHIFT CHANGES
27
CHAPTER 6. TERMS AND CONDITIONS OF EMPLOYMENT
28
6.1. DEMOTION AND SUSPENSION
28
6.2. TERMINATION OF EMPLOYMENT
28
6.2.1. Resignation
28
6.2.2. Termination - Lay Off
28
6.2.3. Termination - Disciplinary Action
28
6.2.4. Retirement
29
6.2.5. Rejection During Probation
29
CHAPTER 7. DISCIPLINARY ACTION
29
7.1. AUTHORITY
29
7.2. DEFINITION
29
7.3. CAUSES FOR DISCIPLINARY ACTION
29
7.4. APPEALS
30
7.5. CITY MANAGER AND ARBITRATION
30
CHAPTER 8 GRIEVANCE PROCEDURE
30
8.1. DEFINITION
30
8.2. INITIAL DISCUSSIONS.
31
8.3. REFERRAL TO CITY MANAGER
31
8.4. CITY MANAGER AND ARBITRATION
31
8.5. NO ABRIDGMENT OF OTHER RIGHTS OF APPEAL
31
8.6. PAY CLAIMS
32
8.7. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE OF THE
MEMORANDUM OF UNDERSTANDING
32
CHAPTER 9. MISCELLANEOUS
32
9.1.
EMPLOYER - EMPLOYEE RESOLUTION
32
9.2.
UNIFORM ALLOWANCE
32
9.3.
OUTSIDE EMPLOYMENT
33
9.4.
GRATUITIES/SOLICITATION OF CONTRIBUTIONS
33
9.5.
RETURN OF CITY EQUIPMENT
33
9.6.
POLITICAL ACTIVITY
33
9.7.
EMPLOYMENT RELATIONSHIPS
33
9.8.
PERSONNEL RULES
33
9.9.
DRUG AND ALCOHOL POLICY
33
9.10.
MEDICAL STANDARDS
34
9.11.
TEMPORARY LIGHT DUTY POLICY STATEMENT
35
9.12.
REINSTATEMENT
36
9.13
LABOR/MANAGEMENT ADVISORY MEETINGS
37
CHAPTER 10. REDUCTION IN FORCE
37
10.1.
NOTICE
37
10.2.
ORDER OF LAYOFF
37
10.3.
RE-EMPLOYMENT ELIGIBLE LIST
37
CHAPTER 11. MOU LANGUAGE
38
11.1.
EXISTING LAWS, REGULATIONS AND POLICIES
38
11.2
STRIKES AND LOCKOUTS
38
11.3.
FULL UNDERSTANDING, MODIFICATION, WAIVER
38
11.4.
PREVAILING RIGHTS
38
11.5.
SEVERABILITY
38
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, 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, 2006 and ending June
30, 2009.
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 Association (herein -after called
"ASSOCIATION") and shall apply to all employees of the City working in the
classifications and bargaining unit set forth herein.
In accepting employment with the City of San Rafael, each employee agrees to be
governed by and to comply with the Personnel Ordinance, Rules and Regulations,
Administrative Procedures, and regulations and directives of the Police Department.
1.1.2. Term
This agreement shall be in effect from July 1, 2006 through June 30, 2009.
1.2. RECOGNITION
1.2.1. Bargaining Unit
The City hereby recognizes the Association as the bargaining representative for the
purpose of establishing salaries, hours, fringe benefits and working conditions for all
employees within the San Rafael Police Association Bargaining Unit (As referenced in
Exhibit " W attached).
1.2.2. New Classifications
New classifications developed by the City, and determined to be appropriately included in
the Bargaining Unit, shall be assigned a wage scale by the City. The City will forward to
the Association the new classification and wage scale. The wage scale for the new
classification shall then be subject to the meet and confer process.
Page 1
1.2.3. Available Copies
Both the City and the Association agree to keep duplicate originals of this agreement
on file in a readily accessible location available for inspection by any City employee, or
member of the public, upon request.
1.3. 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 8). Nothing contained in this subsection shall limit an employee's rights
under the Police Officer Bill of Rights and/or the disciplinary review and appeal
procedure outlined in this MOU.
1.3.2. Association Discrimination
No member, official, or representative of the Association shall in any way suffer any type
of discrimination in connection with continued employment, promotion, or otherwise by
virtue of membership in or representation of Association.
1.4. 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. Association representatives who are official
representatives of the Association shall be given reasonable time off with pay to attend
meetings with management representatives, or to be present at hearings where matters
within the scope of representation, collective bargaining, or grievances are being
considered. The use of official time for this purpose shall be reasonable and shall not
interfere with the performance of City services. Such employee representatives shall
submit through the Police Department chain of command a written request for excused
absence to the Chief of Police at least forty-eight (48) hours prior to the scheduled
meeting whenever possible. Except by mutual agreement, the number of employees
excused for such purposes shall not exceed three (3).
1.4.2. Union Release Time
Two hundred (200) 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
Page 2
additional hours shall be granted only with ten days advance notice and approval of the
Chief of Police.
1.4.3. Commencement of Negotiations
It is mutually agreed to begin the Meet and Confer process no later than the first Monday
in February, regarding the terms and conditions applicable to successor M.O.U.s. The
process will be initiated by the San Rafael Police Association through the submittal of
upcoming contract requests it wishes to be considered.
1.4.4. 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 in this section shall not apply during periods of separation from
the representative 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 Unit. The term separation includes transfer out of the Unit, layoff, and
leave without pay absences with duration of more that 30 calendar days.
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 expressly abridged by specific provision of this
Memorandum of Understanding or by law to manage the City, as such rights existed prior
to the execution of this Memorandum of Understanding. The sole and exclusive rights of
management, as they are not abridged by this Agreement or by law, shall include, but not
be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence 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, re -locations and types of
operations, processes and materials to be used in carrying out all City
Page 3
functions including, but not limited to, the right to contract for or subcontract
any work or operation of the City.
9. To assign work to and schedule employees in accordance with requirements
as determined by the City, and to establish and change work schedules and
assignments.
10. To relieve employees from duties for lack of work or similar non -disciplinary
reasons.
11. To establish and modify 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 it facilities and operations.
18. To establish and promulgate and/or modify rules and regulations to maintain
order and safety in the City which are not in contravention with this Agreement.
19. To take any and all necessary action to carry out the mission of the City in
emergencies.
The City and the Association agree and understand that if, in the exercise of 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 Myers/Milias/Brown Act and case law
interpreting said Act; or Federal law, the City shall have the duty to meet and confer with
the Association regarding the impact of its decision/exercise of rights.
CHAPTER 2. COMPENSATION
2.9 Definitions
2.1.1. Base Salary Increase
Base salary increase shall be defined as an increase to general wages, excluding
any benefit increases. Salary increases for all bargaining unit positions are
established in the salary tables as Attachments Al — C2 and included as part of this
MOU For the term of this agreement, the following base salary increases shall be
applied on the identified effective date:
Page 4
July 1, 2006
2.0%
April 1, 2007
1.0%
July 1, 2007
2.0%
February 1, 2008
1.0%
July 1, 2008
2.0%
January 1, 2009
1.0%
2.1.2. Total Compensation
Total Compensation shall be defined as: Top step salary (excluding longevity pay
steps), educational incentive pay, holiday pay, uniform allowance, employer paid
deferred compensation (except for such portion that may be part of employee
cafeteria plan), employer's contribution towards employees' share of retirement,
employer's retirement contribution, employer paid contributions toward insurance
premiums for health, life, long term disability, dental and vision plans, and employer
paid cafeteria/flexible spending accounts.
2.1.3. Contract Compensation Increases
Includes the total of salary and benefit changes or increases over the term of
this MOU. The Association and City agree that Contract Compensation
Increases identified in this MOU (excluding Revenue Sharing) total the
following:
Fiscal Year 2006-07 3.49%
Fiscal Year 2007-08 3.96%
Fiscal Year 2008-09 3.05%
2.1.4. Consumer Price Index (CPI)
The CPI shall be the percentage change in the San Francisco -Oakland -San Jose
Area All Urban Consumer index as published by the Bureau of Labor Statistics for
the one year period ending the month of October 2006 and each October thereafter
during the term of the contract.
2.1.5. Net Change in General Fund Balance
This is a figure which describes whether the City achieved a positive change in the
General Fund for the preceding fiscal year. It is determined by the City's audited
financial statements and presented as "net change in fund balance" in the City's
published statements.
Page 5
2.1.6. General Tax Revenues
General Tax Revenues shall be defined 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.
If General Tax Revenues of the City for each fiscal year of this contract exceed
General Tax Revenues of the City for the prior fiscal year as adjusted by 75% of the
total compensation increases provided for the fiscal year (for purposes of this
calculation, the total compensation figure shall be the same for all bargaining units
in the City: 3.0% in FY 2006-2007, 3.5% in FY 2007-2008, and 4.0% in FY 2008-
2009), then the members of the bargaining unit shall be entitled to apply 27.0% of
one-half (1/2) of the excess of fiscal year General Tax Revenues over prior fiscal
year General Tax Revenues adjusted for 75% of the total compensation increases
(as listed above in this section) provided to members in the fiscal year, for a
Revenue Sharing Salary increase.
2.2. Revenue Sharing Increase
2.2.1. Conditions and Calculation for Revenue Sharing
Employees in the bargaining unit positions defined in this MOU shall receive Revenue
Sharing Increases, effective January 1 of each year of the contract, in addition to the
Contract Compensation Increase, if the following conditions are met:
a. If the CPI increase, as defined in Section 2.1.4, is greater than the Contract
Compensation Increase and,
b. If General Tax Revenues have resulted in revenues being available for
distribution, based upon the formulas defined in Section 2.1.6 , and,
c. The "net change in General Fund Balance", as defined in Section 2.1.5, as
presented in the previous year's annual audit, is positive.
If all of the above three conditions are met, then a Revenue Sharing salary
increase shall be paid prospectively, in accordance with the schedule below, to
bring the combination of the Contract Compensation Increase and the Revenue
Sharing Increase up to the level of the CPI, however, in no event shall the
Combined Contract Compensation Increase and Revenue Sharing Increase
exceed 5% for the fiscal year under review.
2.2.2. Schedule
a. September 7th- General Tax Revenues. The City shall make known to the
Association if General Tax Revenues have grown from the prior fiscal year on
September 7th of each year of this contract. If no growth in General Tax
Page 6
Revenues has taken place, there shall be no Revenue Sharing for that fiscal
year of the contract.
b. November 1St - Net Change in General Fund Balance. By November 1st of
each year, the City shall make known to the Association whether there is a
positive change in the General Fund Balance. If there is not, then no Revenue
Sharing shall take place for that fiscal year
c. November 30th - CPI. The City shall identify the CPI for the fiscal year ending
October of each year and make the figure known to the Police Association by
November 301H
d. January 1St — Base Monthly Pay Increases. January 1St pay period start date
(for paycheck date of January 31s) for Revenue Sharing Salary increases.
2.3. 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.
All initial employment shall be at the first step of the salary range. The City Manager or
his/her designee may authorize, upon the recommendation of the Chief of Police, a
position 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.
2.3.1. 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 previous
day of regular business unless the Finance Division is unable to complete the payroll by
that work day, in which case the pay day will be the day following the holiday. The
method of the distributing payroll shall be established by the Finance Division.
2.4. SALARY STEP INCREASES
An employee may be considered for a step increase in accordance with the time intervals
established in the salary plan. Advancement to a higher salary within a salary range may
be granted for continued improvements and efficient and effective service by the
employee in the performance of his/her duties. Salary advancement shall be made only
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upon the recommendation of the Chief of Police, with the approval of the City Manager or
their designee, and are not automatic, but based on acceptable work performance.
Accelerated merit performance step increases of five percent (5%) may be granted an
employee based upon the recommendation of the Chief of Police and approval of the City
Manager.
2.5. MERIT PAYAWARD
Employees at the maximum step of their salary range may be granted a merit pay award
of up to five percent (5%) above and beyond their salary range. A merit pay award may
be effective for up to one (1) year. A merit pay award when expired is not a disciplinary
action and is not appealable. Merit pay awards may be granted in recognition of
meritorious performance beyond the scope of regular duties and in response to
extraordinary conditions.
2.6. CERTIFICATION/EDUCATIONAL INCENTIVE
2.6.1. Certificate Incentive
The Certification Incentive Program for all employees of the Police Department
offers monthly payment for POST Certification as follows:
Effective January 1, 2007 the payment for POST Intermediate or Advance
Certification to Police Officer, Police Corporal or Police Sergeant shall be:
Intermediate Certificate 3.0% increase to monthly base salary
Advanced Certificate 5.0% increase to monthly base salary
Effective with the pay period start date of January 1, 2007 the payment for POST
certificates for Communication Dispatcher, Dispatch Supervisor or Civilian Supervisor
shall be:
Public Safety Dispatcher Certificate 3.0% increase to base salary
Records Supervisory Certificate 3.0% increase to base salary
2.6.2. Educational Expense Reimbursement Program
The Educational Expense Reimbursement Program shall apply to all employees of the
Police Department represented by this contract who have completed a total of two (2)
or more continuous years of full time service with the San Rafael Police Department.
The Educational Expense Reimbursement Program shall relate to the completion of
college credits while off-duty for job-related courses, awarded from an accredited
community college or an accredited college or an accredited university. Job-related
courses are defined as those which contribute to current job performance or prepare
the employee for other City positions.
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An eligible employee who takes a job-related course during off-duty hours at an
accredited institution of learning (see above) shall be eligible to receive reimbursement
for the costs of tuition, fees, and course materials, up to a maximum of $500 per fiscal
year. The employee will be eligible for this reimbursement upon the successful
completion of the course and upon the employee having achieved a grade of "Pass" or
"C" or better.
In order for the eligible employee to qualify for reimbursement, the employee must:
a. Department Director or designee Approval — Prior to enrollment, the employee
must receive the written approval of the department director or designee
concerning the particular course. The decision of the department director shall
be final. To be approved by the department director, the department director
must find that the course is job-related after reviewing the request, which briefly
describes why the employee believes the course to be job-related.
b. Reimbursement Request — Provided that the department head finds that the
course is job-related and approves the employee's request, the employee shall
submit a request for reimbursement to the City Manager or designee that
includes a copy of the employee's course grade, the receipts for all course
expenses, and a total amount requested for reimbursement.
c. City Manager or designee Approval — The City Manager or designee shall
approve the employee's request for reimbursement provided that the employee
has prepared the request in compliance with this program.
To insure that the City receives adequate benefit from the increased education of the
educational expense reimbursement recipients, the following table of time worked after
completion of course work shall apply to all recipients who terminate employment with
the City of their own volition.
Time between receiving reimbursement
and termination of employment
Percentage of tuition reimbursement to
be repaid to the Cit
Up to 12 months
100%
Between 12 months and 18 months
50%
Over 18 months
0%
2.7. ADDITIONAL PAY
2.7.1. Court Pay
If a police employee receives a subpoena requiring them, in the course and scope of
their official employment, to appear in court or other official hearing other than during
their regular tour of duty or shift of hours, they shall receive a minimum of two (2) hours
Page 9
pay at the overtime rate. "Other than during their regular tour of duty or shift hours"
shall include vacation and compensatory time off.
The employee shall submit the required documentation (copy of subpoena and
overtime slip) for all related court pay on or immediately after the actual court
appearance or after date of cancellation.
If such appearance commences during the employee's regular tour of duty or shift of
hours and continues beyond the normal completion time of the employee's regular tour
of duty or shift of hours, then the employee will be compensated at the overtime rate
for the actual time spent beyond the normal completion time of said tour/shift.
If an employee receives more than one subpoena for the same scheduled time, he/she
will receive the minimum time frame rate only once.
The Police Department will provide appearance information for police employees. The
department will be responsible for having such information available, when known, by
6:00 p.m. If the matter is not canceled by 6:00 p.m., on the court day preceding the
appearance date, an employee shall receive one (1) hour pay at the overtime rate.
Time spent at the appearance shall be compensated at the overtime rate.
Nothing in the provision shall be construed to mean that the Association agrees in any
way to any method of "flex scheduling."
2.7.2. Call -Back Pay
Call-back pay shall be provided at one and one-half times the regular rate with a three
(3) hour minimum whenever required by the Department and with the expectation that
the full three (3) hours will be worked. At no time will the minimum compensation
overlap with a regularly scheduled work assignment.
2.7.3. Shift Differential
A three percent (3%) shift differential shall be paid for all represented employees
regularly scheduled to work fifty percent (50%) or more of their shift after 1500 hours.
A five percent (5%) shift differential shall be paid for all represented employee regularly
scheduled to work fifty percent (50%) or more of their shift after 2200 hours.
Employees assigned to work the swing or graveyard shift time periods on overtime or
in accordance with Section 5.3, Shift Changes, are excluded from shift differential pay
for those time periods.
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
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employees regularly assigned to the swing or graveyard shifts. The current operational
policies and provisions for shift rotation and assignment remain in effect.
2.7.4. Bilingual Pay
Expert Fluency Program. A ten percent (10%) pay incentive shall be paid to up to ten
(10) designated bilingual employees (sworn or non -sworn).
Full Fluency Program. A five percent (5%) bilingual pay incentive shall be paid to up to
ten (10) designated bilingual employees (sworn or non -sworn).
Conversational Fluency Program. Effective July 1, 2006, a two and one-half percent
(2:5%) pay incentive shall be paid to up to thirty-five (35) designated bilingual
employees (sworn and non -sworn).
The City will pay, in advance, any authorized training or educational costs as needed, to
maintain a complement of up to thirty-five conversational, employees up to 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 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 educational 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 the first three paragraphs of this section, to qualify for the
Expert or 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 the City will meet and confer with the Association in order to establish
standards for the Expert Fluency Program with the understanding that the standards will
focus on external testing and/or certification satisfactory to the Chief of Police. Full or
conversational proficiency certification may be obtained by passing a standardized
departmental test (to be developed by the department) or a Fluency Certification of
Completion from One Twelve USA, or passing a departmental conversational test, or
obtaining 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
one of the bilingual pay categories. Both parties agree to annual re -certification of
proficiency to continue eligibility for the bilingual differential.
Page 11
Shift assignments and distribution of bilingual employees shall be at the discretion of the
Chief of Police.
2.7.5. Special Weapons and Tactics (SWAT) Team
Effective January 1, 2007, Police Department personnel assigned to the Special
Weapons and Tactics (SWAT) Team shall receive additional compensation amounting
to two and one-half percent (2.5%) of their monthly base salary. Team members shall
be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU
(Section 2.7.2). The City will pay for the equipment for SWAT team members,
provided members obtain prior approval of the Chief of Police.
2.7.6. Hostage Negotiations Team (HNT)
Effective January 1, 2007, Police Department personnel assigned to the Hostage
Negotiations Team (HNT) Team shall receive additional compensation amounting to
one percent (1 %) of their monthly base salary. Team members shall be entitled to
callback pay pursuant to the Call -Back Pay provisions of this MOU (Section 2.7.2).
2.7.7. Field Training Officer (FTO)
A. The Police Department has established a program for selection of Field Training
Officers. Effective January 1, 2007, Field Training Officers and the Field Training
Program Supervisor shall receive additional compensation amounting to two and one-
half percent (2.5%) of their monthly base salary while assigned to the Patrol Division
and shall receive an additional two and one-half percent (2.5%) while engaged in
training of new Police Officers and Police Service Specialist. Shift assignment will be at
the discretion of the Chief of Police and based upon the needs of the Department. All
other sworn personnel assigned as Field Training Officers will be paid five percent (5%)
above their monthly base salary while engaged in training of new Police Officers and
Police Service Specialists.
B. Effective January 1, 2007, Non -sworn personnel may be formally assigned, in
writing, to train employees in their new job classifications. For actual hours spent
training this new employee, during the specified training period, the assigned trainer
will be paid five percent (5%) above their monthly base salary.
2.7.8. Motor Officer Pay
Police Department personnel assigned to the following duty shall receive additional
compensation amounting to five percent (5%) of their base monthly salary: Operation
of a solo -motorcycle for more than 50% of his/her work month.
2.7.9. Mental Health Officer Pay
The Police Department has established a Mental Health Officer Program. Current
Police Department personnel, licensed as a clinical psychologist assigned to this duty
shall receive additional compensation amounting to fifteen (15%) of their base monthly
salary. Effective July 1, 2007, future Police Department personnel assigned to this
Page 12
duty shall receive additional compensation amounting to ten (10%) of their monthly
base salary, upon entering their post -Masters level of education.
2.7.10. Field Evidence Technician (FET)
The Police Department has established a program for selection of Field Evidence
Technicians (FET) or Crime Scene Investigators (CSI). Effective January 1, 2007, Tier
1 -Field Evidence Technicians or Crime Scene Investigators on the Department's call -
out list, and the FET/(CSI) Supervisor shall receive additional compensation amounting
to one percent (1 %) above their base monthly salary. All Field Evidence Technicians
shall be entitled to callback pay pursuant to the Call -Back Pay provisions of this MOU
(Section 2.7.2).
2.7.11. Self -Defense and Tactics (SDAT) & Firearms Instructor Pay
The Police Department has established a program for selection of Self -Defense and
Tactics (SDAT) & Firearms Instructors. Effective January 1, 2007, Self Defense and
Tactics (SDAT) or Firearms Instructors shall receive additional compensation
amounting to two and one-half percent (2.5%) above their monthly base salary.
Anyone that is a Self -Defense and Tactics (SDAT) Instructor and also a Firearms
Instructor will be eligible for only a total of two and one-half percent (2.5%) and not a
compounded five percent (5%).
2.7.12. Detective Pay
Effective January 1, 2007, Sworn personnel assigned to the Support Services Divisions
Investigations Unit shall receive additional compensation amounting to five percent
(5%) above their monthly base salary. Unit members shall be entitled to callback pay
pursuant to the Call -Back Pay provisions of this MOU (Section 2.7.2).
CHAPTER 3. PROBATIONARY PERIOD
3.1. 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.
3.2. LENGTH OF PROBATIONARY PERIOD
The probationary period on original and promotional appointments shall be eighteen (18)
months.
3.3. REJECTION DURING PROBATION
During the probationary period, an employee may be rejected at any time by the
Appointing Authority without the right of appeal; except as otherwise provided for by the
Public Safety Officers Bill of Rights Act, Government Code 3300, et.seq. for sworn
Page 13
officers, and as provided for in applicable existing case law concerning appeal
rights/remedies of probationary employees.
3.4. EXTENSION OF PROBATIONARY PERIOD
The probationary period shall not be extended except in the case of extended illness or
injury or compelling personal situation during which time the employee was unable to
work. In such cases, the probationary period may be extended for the length of time the ill
or injured employee was unable to work.
3.5. NOTIFICATION OF EXTENSION OR REJECTION
Upon 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 terminate the
employee. After discussion with the Personnel Officer, the Chief of Police shall notify the
employee in writing of the extension or rejection.
3.6. REGULAR STATUS
Regular status shall commence with the day following the expiration date of the
probationary period.
3.7. PROMOTION OF PROBATIONARY EMPLOYEE
An employee serving a probationary period may be promoted to a higher position
classification provided the employee 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.
3.8. UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION
An employee who does not successfully pass the promotional probationary period shall be
reinstated to the position in which the employee held regular status prior to his/her
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.
CHAPTER 4. HEALTH AND WELFARE
4.1. INSURANCES
Accident, Health, Life and Long Term Disability
4.1.1. City Contribution
Over the term of this contract, a maximum amount per month will be paid by the City
toward the cost of each eligible active or retired employee's health insurance premium, in
accordance with the chart below. Active employees shall have an additional maximum
amount per month in a flexible benefits spending account which they may apply towards
Page 14
the cost of health accident and life insurance and long-term disability insurance (City or
PORAC Plan), in accordance with the chart below. It is understood that the flexible benefits
spending account does not apply to retired employees. Part time employees who are
eligible for these benefits shall receive an equivalent prorated share of the City's
contribution.
Enrollment changes for qualifying events (such as births and marriages) will become
effective the 1St of the month following timely submission of the required enrollment form
and must be in accordance with the benefit administrator's policies. Retroactivity shall only
apply when mandated by the benefit administrator's policies.
Paycheck Effective Date
City
Contribution to
Health
Insurance
Flexible
Benefits
Spending
Account
Total
July -Nov 2006 — all
$386.00
$125.00
$511.00
Dec. 15,2006 - employee
only
$386.00
$125.00
$511.00
Dec. 15, 2006 - employee
+ 1
$386.00
$477.00
$863.00
Dec. 15, 2006 - family
$386.00
$477.00
$863.00
Dec. 15, 2007 - employee
only
$386.00
$125.00
$511.00
Dec. 15, 2007 - employee
+ 1
$386.00
$563.00
$949.00
Dec. 15, 2007 - family
$386.00
$848.00
$1,234.00
Dec. 15, 2008 - employee
only
$386.00
$136.00
$522.00
Dec. 15, 2008 - employee
+ 1
$386.00
$658.00
$1,044.00
Dec. 15, 2008 - family
$386.00 1
$971.00
$1,357.00
The Association and City agree to meet and confer during the term of this contract
regarding a new tier for retiree medical benefits for new employees.
4.1.2. Vision Plan
City will contract for a vision plan and pay the monthly premium cost (not to exceed
$10.55/mo. per employee) to enroll the employee. Employees will be eligible to enroll
qualified family members and will pay the premium costs for such enrollment.
4.2. PERS HEALTH INSURANCE BENEFITS
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.
Page 15
4.3. RETIREMENT 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.
4.3.1. Retirement Plans
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.
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.
4.3.2. Member Cost of Living Rates
Bargaining unit members who are eligible to participate in the Marin County Employee
Retirement Association will pay there 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).
4.4. DENTAL INSURANCE
The City will provide a dental insurance program providing 100% coverage for diagnostic
and preventative care, $25 deductible on corrective coverage (80/20) per eligible patient
per calendar year, 80/20 cost sharing for cast, crowns and restorations, and orthodontic
coverage (50/50) within the limits prescribed in the Group Plan document. The City shall
continue the current or comparable program and shall pay any increased premium rate
increases from date of the increase for the term of this M.O.U.
The maximum benefit amount is $1,500 per person per Calendar Year.
4.5. VACATION LEAVE
4.5.1. Eligibility:
Annual vacation with pay shall be granted each eligible employee. Employees will be
permitted to use accrued vacation leave after six (6) months of employment subject to the
approval of the department head.
Page 16
4.5.2. Rate of Accrual:
Vacation benefits shall accrue during the probationary period. Each regular full time
employee (part time regular are prorated) shall commence to accrue vacation at the
following rate for continuous service:
• The first three (3) years of continuous employment shall earn ten (10) working days
of vacation per year. Such entitlement shall accrue at the rate of five -sixths (5/6)
days per month.
• From the beginning of the fourth (4th) year of service through the end of the tenth
(10th) year of service, fifteen (15) working days of vacation per year. Such
entitlement shall accrue at the rate of one and one fourth (1-1/4) days per month.
• From the beginning of the eleventh (11th) year of service through the fifteenth
(15th) year, twenty (20) working days of vacation per year. Such entitlement shall
accrue at the rate of one and two-thirds (1-2/3) day per month.
• From the beginning of the sixteenth (16th) year of service and beyond, twenty-five
(25) working days of vacation per year. Such entitlement shall accrue at the rate of
two and one -twelfth 2-1/12) days per month.
Vacation Accrual chart:
YEARS OF SERVICE
ACCRUAL PER
ACCRUAL PER
YEAR
MONTH
1 - 3 years
10 days or
.83 days or
80 hours
6.66 hours
4 - 10 years
15 days or
1.25 days or
120 hours
10 hours
11 - 15 years
20 days or
1.67 days or
160 hours
13.36 hours
16 + years
25 days or
2.08 days or
200 hours
16.68 hours
When an employee is on an approved leave without pay, vacation accrual is prorated
based upon paid hours in the pay period.
4.5.3. Administration of Vacation Leave:
The City Manager, upon the recommendation of the department head, may advance
un -accrued vacation to any permanent regular and part time employee.
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 employee's department
head with particular regard for the needs of the City, but also, insofar as possible,
considering the wishes of the employee.
Page 17
In the event that one or more City holidays falls within an annual vacation leave, such
holidays shall not be charged as vacation leave, unless the employee is on a schedule
to be paid for designated holidays in lieu of days off.
Upon termination, an employee shall be compensated in cash at his/her current rate of
pay for any vacation accrued but not taken, up to the maximum accrual cap, provided
that the employee has successfully six months of continuous employment.
4.5.4. Vacation Cap
No employee may accrue more than 250 hours of vacation leave. Vacation accruals
will resume once the employee's accumulated vacation balance falls below the
allowable cap limit.
Employees may, for special situations, i.e., extended medical leave, request an
increase in their cap. Each request would need to be in writing, submitted through the
department, and receive the approval of the Chief of Police and the City Manager.
Such requests would be reviewed on a case-by-case basis and would be evaluated
based on the reason for the request. This additional vacation accrual could not exceed
one-half of the employee's regular annual vacation accrual. In no case would the
addition over the cap be extended beyond one additional year from date of approval.
4.5.5. Vacation Sign-up
Vacation sign-ups shall occur every six months. The vacation sign-up procedure is
established by department policy.
4.5.6. Vacation Cash In
One -Time Vacation Buy -Down: As of December 31, 2006, the City will require a one
time vacation buy -down for those employees whose vacation accrual is above 225
hours. This one time buy -down will bring employees under the vacation cap as defined
in Section 4.6.4 allowing for additional accrual time. This one time payment will be
made with the second pay check in February of 2007. This one time payment will not
affect the employee's ability to participate in the annual vacation cash in for 2007 and
subsequent years.
Vacation Conversion: An employee is eligible to request a conversion of vacation
time to a cash payment in May or November in any fiscal year in accordance with the
following:
A employee who has taken at least ten (10) days of vacation in the preceding twelve
(12) months and has accrued vacation during that time may request up to seven (7)
days of vacation conversion. Such requests may be granted at the discretion of the
City Manager.
Page 18
If the request is granted, May requests will be paid in the last pay period in June and
November requests will be paid in the last pay period in December. Employees cannot
cash in more than seven (7) days of vacation in any one twelve (12) month period.
4.6. SICK LEAVE ISSUES
4.6.1. Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be
considered a privilege, which an employee may use at the 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 head according to
department Rules and Regulations at the beginning of his/her daily duties. Every
employee who is absent from his/her duties for two (2) consecutive work days shall file
with the Human Resources Manager should he/she so request, 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.
4.6.2. Accumulation
All eligible full time employees shall earn sick leave credits at the rate of eight (8) hours
per month commencing with the date of employment (accrual pro -rated for P/T
employees). Unused sick leave may be accumulated with no limit. A cap of twelve
hundred (1200) hours shall be in effect for sick leave separation payoff purposes only.
4.6.3. Use of Sick Leave
An employee eligible for sick leave with pay will be granted such leave with the approval of
the department head for the following purposes:
1. Personal illnesses or illness within the immediate family (immediate family under
4.7.3.(1). is defined as employee's spouse, dependent children and/or employee's
parents), 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 available accrued sick leave for a
work related injury and/or illness sixty calendar days after said employee has been
determined permanent and stationary.
4.6.4. 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,
Page 19
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.
4.6.5. Sick Leave Balance
Upon separation from 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%).
Note: Refer to 4.7.2. for sick leave cap limitation for payoff purposes.
Employees who are eligible to accrue sick leave and who retire from the City of San
Rafael's Marin County Employee's Retirement System, on or after January 1, 2003, and
within 120 days of leaving City employment (excludes deferred retirement), shall receive
employment service credit, for retirement purposes only, for all hours of accrued, unused
sick leave (exclusive of any sick leave hours said employee is eligible to receive and
elects to receive in compensation at the time of retirement).
4.7. HOLIDAYS
The following holidays will be observed:
1.
New Year's Day
2.
Martin Luther King Day
3.
Washington's Birthday
4.
Lincoln's Birthday
5.
Cesar Chavez Day
6.
Memorial Day
7.
Independence Day
8.
Labor Day
9.
Admission Day
10.
Veteran's Day
11.
Thanksgiving Day
12.
Day after Thanksgiving
13.
Christmas Day
All represented employees in the Police Department shall receive straight time
compensation for every holiday worked or which falls on a regularly scheduled day off in
each given year, which all other employees receive as time off. Said compensation shall
be paid twice each year on the first pay period of December and the first pay period of
June.
Page 20
4.8. OTHER LEAVES
4.8.1. 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.
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 Chief of Police as part of the request for bereavement
leave.
4.8.2. 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 Chief of Police an opportunity, within the limits of military regulations, to
determine when such leave shall be taken.
4.8.3. 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.
4.8.4. 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 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:
Page 21
NON -SAFETY EMPLOYEES
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. Worker's Compensation checks 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.
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 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.
All other employees shall be entitled to such compensation as may be allowed them by
the Worker's Compensation Insurance and Safety Act of the State of California.
4.8.5. 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.
4.8.6. Medical Leave of Absence
Family leave shall be granted in accordance with the federal Family and Medical Leave
Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care
Leave are submitted to the Chief of Police for approval and reviewed by the Human
Resources Manager for consistency with the law prior to approval. Employees
approved for this type of leave must use appropriate accrued and unused vacation
leave and/or compensatory time before going on leave without pay status. Accrued
and unused sick leave may be used if requested. Sick leave usage is to be consistent
with the sick leave provisions of the M.O.U. To be eligible for this family leave benefit,
an employee must have worked continuously for the City of San Rafael for at least 12
months.
4.8.7. Absent Without Authorized Leave
An unauthorized absence of an employee for three consecutive workdays shall constitute
grounds for termination.
4.8.8. Catastrophic Leave
All employees of the Police Department should refer to City -Wide Policy 140.19.
Page 22
CHAPTER 5. HOURS OF WORK
5.1. WORK WEEK
5.1.1. Established Work Week.
For the Police Department the established workweek shall be 0001 Sunday through 2400
hours Saturday. An employee's normal total number of work hours per year shall be 2080
hours.
5.1.2. Alternative Work Schedules.
Both parties agree that at the discretion of the Chief of Police, alternative work schedules
which include a total of 2080 annual working hours if mutually agreed to, may be
implemented for designated periods of time for all represented employees for the lifetime
of this M.O.U. Any new alternative work schedule established during the term of this
M.O.U. shall initially be established on a six-month trial basis. During the trial period if
there is a significant increase in overtime costs attributable to the trial plan, or significant
increases in sick leave usage or workers compensation claims the department may opt to
stop the trial work schedule.
For illustration and definition purposes the following chart is prepared:
Schedule
Definition
4-10
Four 4 consecutive ten 10 hour days with three 3 consecutive days off.
5-8
Five 5 consecutive eight 8 hour days with two 2 consecutive days off.
3-12
Ten (10), twelve (12) hour shifts (120 hours) within a three-week (21 -day)
period. In each of two weeks, the employee will be expected to work three
consecutive days of twelve (12) hours each. In the remaining week, the
employee will be expected to work four (4) consecutive days of twelve (12)
hours each.
No overtime will be earned unless the member works more than twelve (12)
hours on any single day or more than thirty six hours in a week where the
employee was scheduled to work three (3), twelve (12) hour shifts. No
overtime will be earned unless the employee works more than twelve (12)
hours on any single day or more than forty-eight hours in a week where the
employee was scheduled to work four 4 twelve 12 hour shifts.
The following Alternative work schedules are currently being used:
PATROL:
Sergeants supervising patrol shifts shall work a 3-12 plan. The shifts listed are basic shifts
that must be filled in order to meet the minimum staffing levels. If an officer filling one of
those shifts is absent for a period of a week or longer, another officer may be required to
Page 23
change shifts to fill the vacancy in accordance with the existing provisions of the M.O.U.
regarding changes of assignments.
The rosters anticipate a minimum of twenty-seven officers being assigned to patrol in a
duty status in the indicated shifts. In the event twenty-seven officers are not available, the
department may opt to return to five eight-hour shifts per week for all patrol officers.
It is the department's intent to match staffing levels with calls for service. If calls for
service change, the department may alter the hours of shifts to meet the change.
DETECTIVES:
A 4-10 or 5-8 plan for all detectives with the approval of the Bureau Commander.
FRONT OFFICE:
A system combining 5-8/4-10 for all front office Records Clerks.
COMMUNICATIONS DISPATCHERS:
1. Alternate Work Schedules for Communications Dispatchers include a 4-10 plan
or a 3-12 plan. Depending on department needs, some dispatchers may be
assigned to work a 4-10 schedule and some may be assigned to work a 3-12
schedule.
2. Under the 3-12 plan, Dispatchers will be required to work the following three-
week schedule: Week 1 — three (3) 12 -hour days; Week 2 — three (3) 12 -hour
days; and Week 3 — four (4) 12 -hour days. The fourth 12 -hour day in Week 3 is
to be determined by the Division Captain and Dispatch Supervisor as part of the
rotation schedule.
3. Overtime shall be earned in accordance with the FLSA, meaning that: a) only
actual work hours are counted toward overtime; b) only actual work over 40
hours in the City's workweek are paid pursuant to FLSA requirements; and c) all
actual work over 40 hours in the City's workweek will be paid at a rate of 1.5
times the individual employee's normal hourly rate.
4. Non-FLSA overtime will also be earned if a Dispatcher on a 3-12 schedule
works over his or her scheduled work day or work week (e.g. more than 12
hours on a single day or more than 36 hours in a work week where the
employee was scheduled to work three (3) 12 -hour shifts, or more than 48
hours in the work week in which the Dispatcher is scheduled to work four (4) 12 -
hour shifts). The City will use the premium portion of any non-FLSA overtime
premium pay due in any specific workweek to offset any FLSA overtime
premium due in the same work week.
Page 24
5. The 3-12 Alternate Work Schedule will not have any impact on holiday pay,
sick, and vacation accrual rates. However, any holiday, sick, and vacation days
off will be deducted for the number of hours scheduled to work, i.e. a sick day
under the 3-12 plan will result in the deduction of twelve (12) hours of sick time.
5.1.3. Shift Rotation
Both parties agree that at the discretion of the Chief of Police, the starting dates for the
rotation, if mutually agreed to, may be changed for a designated rotation for all
represented employees for the life of this M.O.U.
For members of the Patrol Bureau and Information Services Bureau, the spring rotation
shall begin on the Sunday nearest the 15th of March and the fall rotation shall begin on
the Sunday nearest the 15th of September. If the members of the Patrol Bureau or
Information Services Bureau are working a 3-12 schedule, which operates on three
week cycles, then the Spring rotation shall begin on the Sunday nearest to the 15th of
March following a completed three week cycle and the Fall rotation shall begin on the
Sunday nearest to the 15th of September following a completed three week cycle.
Sergeants assigned to Patrol may select their shift by seniority, within rank. This
paragraph shall not apply to probationary Sergeants. Probationary Sergeants shall
be assigned at the discretion of the Division Captain, and any remaining open
Sergeant slots shall be filled by seniority, within rank.
Corporals assigned to Patrol may select their shift by seniority, within rank. This
paragraph shall not apply to probationary Corporals. Probationary Corporals shall
be assigned at the discretion of the Division Captain, and any remaining open
Corporal slots shall be filled by seniority, within rank.
Officers assigned to Patrol and not on probation may select their shift by seniority,
within rank. This paragraph shall not apply to probationary Officers. Probationary
Officers shall be assigned at the discretion of the Division Captain, and any
remaining open Officer slots shall be filled by seniority, within rank.
5.1.4. Patrol Briefing Periods
Patrol briefing periods will be conducted within Patrol employees designated shifts.
5.1.5. Employee Break and Meal Periods
Employee break and meal periods are as follows:
1. Uniformed Patrol employees: One 15 minute break in first half of shift and one 45
minute meal period as scheduled and approved by the designated supervisor.
2. All other employees: One 15 minute break to be taken in the first half of the shift,
one fifteen minute break to be taken in the second half of the shift, and one 30
Page 25
minute meal period as scheduled and approved by the designated supervisor.
Combination of meal and break period must have prior supervisory approval.
3. No changes will be made in break and meal periods that would alter an employee's
regularly scheduled working time without the advance approval from the
employee's supervisor.
4. Break and meal periods are paid time and, as such, departmental needs will take
priority. In the event that work demands preclude an employee from taking his or
her break, and/or meal period, the employee will not be eligible for overtime
compensation.
5.2. OVERTIME
All represented employees who are required to work in excess of their basic work day
shall on forms provided by the Police Department designate whether they want the time
accrued as compensatory time (C.T.) or paid as overtime at the rate of time and one-half.
After initial selection (O/T pay - C.T.) if an employee wants to convert compensatory time
to cash, or visa versa, the employee must submit a written request to the Chief of Police
and approval shall be at the discretion of the Chief of Police.
A calendar year compensatory time accrual cap is established at 120 hours.
Employees who have a compensatory time balance in excess of this new cap (120
hours) will receive pay in lieu of continued carrying of these hours from the City on the
next available payroll. At the end of each calendar year, any unused accrued time may
be carried over to the next calendar year and said balance would affect the employees'
ability to accrue additional compensatory time.
Before any Sergeant will be allowed to work an overtime shift replacing a beat officer, the
overtime opportunity shall be posted for forty-eight (48) hours to allow officers to sign up.
Only if officers fail to sign up, or the need to replace a beat officer arises with less than
forty-eight (48) hours notice, will sergeants be given the opportunity to work overtime in
place of an officer/corporal. This restriction shall not apply to special events or foot beat
duty.
Both parties agree that any changes in the overtime provisions of this M.O.U. are subject
to the meet and confer process.
Page 26
All entry-level employees hired after November 15, 1998 shall not be allowed to accrue
and bank any compensatory time until they have successfully completed their
probationary time. Any overtime worked during their probationary time shall be paid.
This section does not apply to any employee that is promoted within the police
department, and due to that promotion, is required to complete a probationary period.
5.2.1. Requests For Compensatory Time Off.
In the event that the granting of a request for compensatory time off creates one or more
vacancies which bring the shift below the minimum staffing level or which otherwise needs
to be filled, then the current practice will be utilized as follows: The supervisor will post the
vacant slot(s) to be voluntarily back-filled with overtime. If one or more vacancies still exist
then the supervisor will 1) assign personnel from the previous shift to hold over at the
overtime rate, and/or 2) assign personnel from the following shift to report early at the
overtime rate, and/or, in civilian work units, 3) assign personnel to work on their day(s) off.
All employees shall be granted compensatory time off when submitted at least 72
hours in advance of the requested time off. If an employee makes a request for
compensatory time off with less than 72 hours advance notice and this request does
not bring the shift below one above minimum staffing, then the employee shall be
granted the time off. If the granting of the request would bring the shift to minimum
staffing then the granting of the request would be at the discretion of the Chief of Police
or his designee.
5.3. SHIFT CHANGES
Changes in the days or hours of the regular work schedule of an employee shall entitle
such employee to be additionally compensated at one-half (1/2) their hourly pay rate for
each hour worked outside their regular schedule unless the City has given the employee a
minimum of seven (7) full days (or 168 hours) advance notice of such a change. No
advance notice to employees by the City of shift change shall be required and no
additional compensation shall be paid when shift changes occur as a result of work related
emergencies, i.e., multiple sicknesses, disabilities or injuries; an unplanned for vacancy or
shortage occurring less than seven days in advance of the shift change if the employee is
given a minimum of twelve hours advance notice or at the specific request of an
employee. If a shift change is due to work related illness or accident, it shall be
considered an emergency and no overtime will be paid.
Vacancies of less than one workweek will be filled by overtime rather than shift changes.
This section shall not apply to personnel shortages arising from mutual aid requests,
states of emergency declared by the Mayor, Board of Supervisors, Governor or the
President or unplanned for critical incidents or situations of more than twenty-four hours
duration.
Page 27
CHAPTER 6. TERMS AND CONDITIONS OF EMPLOYMENT
6.1. DEMOTION AND SUSPENSION
The Chief of Police or 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.
When the action is initiated by the Chief of Police, 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. 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 7, "Disciplinary Action."
The Chief of Police or designee may suspend an employee from a position at any time for
disciplinary purpose. Intended suspension action shall be reported immediately to the
Personnel Officer, and shall be taken in accordance with Chapter 7, "Disciplinary Action."
6.2. TERMINATION OF EMPLOYMENT
6.2.1. 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 Chief of Police and Personnel Office.
6.2.2. Termination - Lay Off
The Appointing Authority may terminate an employee because of changes in duties or
organization, or abolition of position, or shortage of work or funds, or completion of work
for which employment was made.
6.2.3. Termination -Disciplinary Action
An employee may be terminated at any time for disciplinary action, as provided in Chapter
7, "Disciplinary Action."
Page 28
6.2.4. 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.
6.2.5. Rejection During Probation
An employee may be terminated from their position during the probationary period of their
initial appointment to the City's classified service without right of appeal.
CHAPTER 7. DISCIPLINARY ACTION
7.1. 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 refusal to accept overtime, or
for violating or ordering the violation of the Memorandum of Understanding.
7.2, DEFINITION
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary,
suspension resulting in loss of pay, transfer for purposes of punishment, and written
reprimand.
7.3. 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-
prescribed or unauthorized narcotics or dangerous drugs during working hours.
F. Inability, unwillingness, refusal or failure to perform work as assigned, required
or directed.
G. Unauthorized soliciting on City property or time.
H. Conviction of a felony or conviction of a misdemeanor involving moral turpitude.
I. Unacceptable behavior toward 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. Misuses of City property.
M. Violation of any of the provisions of these working rules and regulations or
departmental rules and regulations.
Page 29
N. Disorderly conduct, participation in fights, horseplay 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.
T. Inability or refusal to provide medical statement on cause of illness or disability.
7.4. 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. A transfer for
purpose of punishment not resulting in economic loss and a written reprimand shall only
be appealable up to the level of the City Manager or "his/her designee and not eligible for
arbitration. Discharge/dismissal, demotion, reduction in salary, suspension resulting in
loss of pay, and transfer for purposes of punishment resulting in economic loss shall be
appealable up to the level of arbitration. Such appeal must be filed with the City Manager
by the employee in writing within five (5) working days from the date of receipt of the
notice of discipline/discharge letter and unless so filed the right of appeal is lost.
7.5. CITY MANAGER AND ARBITRATION
The employee (Appellant) may request the appeal be heard by 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, and to
the extent possible for both parties the selection of the arbitrator should be made within 60
days of the request for arbitration. 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 mutually acceptable 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.
CHAPTER 8 GRIEVANCE PROCEDURE
8.1. DEFINITION
A grievance is any dispute, which involves the interpretation or application of any provision
of this Memorandum of Understanding.
Page 30
8.2. INITIAL DISCUSSIONS.
Any employee who believes that he or she has a grievance may discuss his or her
complaint with the top management official in the Police Department or with such
subordinate 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 to which he or she is
assigned, the procedures hereafter specified may be invoked.
8.3. REFERRAL TO CITY MANAGER
Any employee or any official of the employee organization which has 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 8.4
below which has not first been heard and investigated in pursuance of subsection 8.2. A
grievance which remains unresolved thirty (30) calendar days after it has been submitted
in writing may be referred to the next step (8.4).
Any time limit may be extended to a definite date by mutual agreement of the Association
and the appropriate management representative.
8.4. CITY MANAGER AND ARBITRATION
If the grievance is not resolved at the previous step, the grievant, the Association, or the
City may, after completion of the previous step in the grievance procedure, submit the
grievance by written notice to the City Manager. 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 Union and the City. Each party, however, shall bear the cost of
its own presentation, including preparation and post hearing briefs, if any. A hearing
before the arbitrator shall be held within sixty days of the selection of the Arbitrator unless
the mutually accepted Arbitrator's schedule does not so permit, and the arbitrator shall
render a decision, within sixty days of the completion of the hearing unless the Arbitrator's
schedule does not so permit, which is binding on the parties hereto, to the extent
permitted by the Charter of the City.
8.5. NO ABRIDGMENT OF OTHER RIGHTS OF APPEAL
The provisions of this grievance procedure shall not abridge on rights granted to
employees under the City Charter or City ordinances, resolutions, rules and regulations
providing other procedures for resolving disputes, except that an employee may not
submit a grievance to an arbitrator in accordance with this grievance procedure if the
employee has elected to use another procedure available under the City Charter or City
ordinances, resolutions, rules and regulations for the resolution of his or her grievance.
Page 31
If an employee feels he or she has been unjustly discharged/disciplined, the employee
shall have the right to appeal his/her case pursuant to Chapter 7.4. Such appeals must be
filed in writing within five (5) working days from date of receipt of the notice letter of
discharge/discipline and unless so filed the right of appeal is lost, but, in the event that the
dispute is carried to arbitration and that such employee is found to have been properly
discharged/disciplined under the provisions of Chapter 7, such employee may not be
ordered reinstated and no penalty may be assessed upon the Employer. 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.
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 agreed to by the City and
the Association. The parties shall continue to meet and confer, after the adoption of this
MOU on a mutually agreeable panel of arbitrators. Once agreed to the panel shall be
identified by side letter to the MOU.
8.6. PAY CLAIMS
All complaints involving or concerning payment of compensation shall be filed in writing and
no adjustments shall be retroactive for more that thirty (30) days from the date of filing.
8.7. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE OF THE
MEMORANDUM OF UNDERSTANDING
In those cases where the matter concerns any rule or policy or administrative procedure of
the City contained in the City Charter, the Personnel Ordinance, or the Personnel Rules
and Regulations which are adopted pursuant to the City Charter, the appeal procedures
contained therein shall be utilized.
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.
9.2. UNIFORM ALLOWANCE
Each of the following represented classification will receive a uniform allowance for each
six (6) months of service ending June 30 and December 31 as follows:
Effective January 1, 2001
Page 32
Classification
Semi - Annual
Annual
A.
All sworn employees, Police Service
$375.00
$750.00
Specialist
B.
All other represented employees
$325.00
$650.00
C.
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.
Page 32
9.3. OUTSIDE EMPLOYMENT
All employees of the Police Department should refer to City wide policy 140.07 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 General Orders for
the policy and procedures related to gratuities/solicitation of contributions.
9.5. RETURN OF CITY EQUIPMENT
Upon termination of employment, all City property assigned to an 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 RELATIONSHIPS
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 Bureau or shift
where such has the potential for creating adverse impact on supervision, safety,
security, or morale or involves potential conflicts of interest.
9.8. PERSONNEL RULES
Both parties agree to the Personnel Rules and Regulations revised in 1994. In the
event that conditions appear in both the Rules and Regulations and the M.O.U., the
M.O.U. prevails.
9.9. DRUG AND ALCOHOL POLICY
The City and Association jointly recognize alcoholism and drug abuse as illnesses,
which may be treatable. The parties are concerned regarding alcoholism and drug
problems which cause poor attendance and unsatisfactory employment related
performance and/or which may pose a danger to employees or the public. Therefore,
the City and Association endorse the concept of a drug free work place.
Possession, sale, use, 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
Page 33
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.
9.10. MEDICAL STANDARDS
Attachments to the City of San Rafael's official job class specifications have been
developed by Rehab 90 to describe the activity and frequency of the activities performed
by the employee in the course and scope of their job classification. These descriptions
are available for review by the employee's treating physician to assist the physician in
determining whether the employee is able to return to his/her job after an absence due to
an injury or illness.
Page 34
9.11. TEMPORARY LIGHT DUTY POLICY STATEMENT
The purpose of this temporary light 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. Light duty
assignments will be structured so that employees are not placed in a duty status that
would aggravate or reincur an injury or illness. Light duty assignments are to be limited
to temporary periods and are not to be used to create a permanent light 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 light
duty program.
2. Determination/Required Reports
a. Light 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 light 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 light duty assignment has
been made.
C. Reports will be evaluated by the department head for purposes of
continuing or terminating a current light duty assignment or to
determine when to commence a light duty assignment.
3. Light Duty Assignments - Definitions/Restrictions
a. Light duty assignments may consist of reduced work hours, limited
work or any combination thereof.
b. Light duty assignments will not adversely affect the employee's
normal wage rate or retirement benefits.
C. Light 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.
Page 35
d. When feasible, light 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 light duty during
normal office hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday.
e. Specific light 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 light 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 light duty
assignment work hours and workweek. 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
light duty employee. If the employee is assigned to work hours on
a work holiday, so shall the light duty employee. Compensation for
holidays shall be in accordance with applicable Memorandum of
Understanding or the Personnel Rules and Regulations.
b. Employees assigned to light 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.
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.
9.12. REINSTATEMENT
Reinstatement after resignation shall be considered as new employment. Reinstatement
may only be made upon request to the Chief of Police if the individual has:
1. Left City service within the prior twenty-four (24) months.
Page 36
and
2. Left City service in good standing. Good standing shall be defined for the
purposes of reinstatement as: "The employee having provided in writing to the
Department two weeks notice of their resignation".
9.13 LABOR/MANAGEMENT ADVISORY MEETINGS
During the term of the Agreement, the City and the Association agree that
consultation meetings may contribute to improved employer-employee relations.
The committee shall be comprised of three (3) representatives from the San Rafael
Police Association and three (3) from City Management. The parties agree that
committee members may change depending on the subject matter.
Meetings may be requested by either party. The party requesting the meeting shall
submit a proposed agenda and the receiving party shall acknowledge and confirm the
date, time and location of the requested meeting.
CHAPTER 10. REDUCTION IN FORCE
10.1. NOTICE
Employees designated for layoff or demotion due to a reduction in force 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.
10.2. ORDER OF LAYOFF
In reduction of forces, the last employee hired shall be the first employee laid off, and in
rehiring, the last employee laid off shall be the first employee rehired until the list of former
employees is exhausted; provided that the employee retained or rehired is capable, in the
opinion of the City, to perform the work required. An employee laid off from City services
prior to being rehired 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.
10.3. RE-EMPLOYMENT ELIGIBLE LIST
The Re-employment Eligible List shall consist of the names of employees and former
employees having probationary or permanent status that was laid off in that
classification. The rank order on such list 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.
Employees who did not complete their probationary period prior to being laid off; if re-
employed must complete their probationary period. The employee may petition to the
Chief of Police for early release from this probationary period.
Page 37
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 11. MOU LANGUAGE
11.1. EXISTING LAWS, REGULATIONS AND POLICIES
This M.O.U. is subject to all applicable laws.
11.2 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.
11.3. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. The parties jointly represent to the City Council that this M.O.U. sets forth the full and
entire understanding of the parties regarding the matters set forth herein.
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
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 to meeting and conferring for a proposed
M.O.U. between the parties to be effective on or after July 1, 2009.
11.4. 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.
11.5. 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
Page 38
SAN RAFAEL POLICE
ASSOCIATION
J Noble
C
;7
ef 'tor
Alan Et. Piombo, Jr.
Police Sergeant
Dan Fink
Police Sergeant
Lori Hendricks
Police Dispatcher
12/06/06
DATED
CITY OF SAN RAFAEL
15
Richard Whitmore
Chief Negotiator
Liebert Cassidy Whitmore
�Z4,lK
Nancy Mackle
Interim Assistant City Manager
is Ro ro - '
istapf to the City Manager
12/04/06
DATED
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San Rafael Police Association MOU
Term: July 1, 2006 — June 30, 2009
Exhibit "D"
City
of San Rafael
- Police Department - San Rafael
Police Association Represented
Benchmarks And Internal Salary
Relationships
Current
Linkage
Benchmark
Title
%from Benchmark
Police Officer
Benchmark Job Class
A
Police Officer
Police Corporal
Police Officer + 5.0%
Park Ran er
Equivalent to Police Officer Benchmark
Police Recruit
Police Officer -10.0%
Police Security Officer
Police Officer -25%
B
Communication
Civilian Supervisor'Dispatch Supervisor
Communications Dispatcher +20.06/o
Dis atcher
Crime Analyst
Communications Dispatcher +7.5%
Communications Dis atcher
Benchmark Job Class
Evidence & Prop. Technician
Equivalent to Communications Dis atcher Benchmark
Police Admin. Technician
Communications Dis atcher-2.5°!0
Police Support Services Specialist.
Communications Dispatcher -5.0%
Police Records & Comm. Specialist II
Communications Dispatcher -20.0%
_
Dispatch Trainee
Communications Dispatcher -25.0%
Police Records & Comm Specialist I
Police Records & Comm. Specialist II -10.0%
Police Cadet
Police Records & Comm. Specialist II 85.0%
Police ReRulatory Officer
Equivalent to Communication Dispatcher Benchmark
C
Police Ser eant
Police Ser eant
Benchmark Job Class
Youth Pro yram S----
Police Ser eant -7.5%