HomeMy WebLinkAboutHR MOU SEIU Local 1021 2006CITY OF SAN RAFAEL
P. O. Box 151560
San Rafael, CA 94915-1560
Phone (415) 485-3070
FAX (415) 459-2242
TDD (415) 485-3198
Agenda Item No: 10
Meeting Date: December 18, 2006
REPORT TO MAYOR AND CITY COUNCIL
SUBJECT: Memorandum of Understanding (MOU) pertaining to compensation
and working conditions for SEIU 949, Supervisory and Miscellaneous Units (3 year agreement
July 1, 2006 -June 30, 2009)
Submitted by:iGrV'`�'/ / �'"�V' ""—Approved by:
Nancy Mackle, IrAterim Asst. City Manager Ken Nordhoff, City Manager
RECOMMENDATION:
Adopt resolution approving the Memorandum of Understanding (MOU) between the City
of San Rafael and SEIU 949, Supervisory and Miscellaneous Units.
SUMMARY/BACKGROUND:
The City negotiating team and the SEIU 949 team reached an agreement on a three-
year agreement that is consistent with the guidelines authorized by the City Council. A
summary of the key elements in the MOU follows:
Term of Agreement:
A three (3) year agreement beginning July 1, 2006 through June 30, 2009.
II. Compensation:
General Wage increases:
a. Year 1, effective pay period beginning January 1, 2007: 4.0%
b. Year 2, effective pay period beginning July 1, 2007: 2.7%
c. Year 3, effective pay period beginning July 1, 2008: 2.8%
Compensation Surveys and Revenue Sharing:
Amended survey list to remove smaller jurisdictions in Marin. No revenue sharing
if there is a deficit. Established separate salary increases for Shop and
Equipment Supervisor and Supervisor Grounds to reach a compensation goal
tied to related benchmarked positions when the availability of excess general tax
revenues make this possible.
File No: -7 '3 Agmq1CouncilMeeUng.g
DIsposltion , ADOPTED RESOLU ON NO. 12171 — RESOLUTION AMENDING RESOLUTION NUMBER 11208
PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR SEW 949,
SUPERVISORY AND MISCELLANEOUS UNITS (3 -year agreement from July 1, 2006 through
June 3n ....• s.....,
III. Employee Benefits:
City Contribution to Employee Health and Disability Insurance: Monthly
contributions per chart below. In addition, cash back is increased to $150/month.
A new health option via Section 125 Plan participation is provided for part time
employees working less than three quarter time.
Paycheck Effective
Health Base
Flexible
Total
Date
Benefits
July 1- Dec 29, 2006
$
597
$ 234
$
831
Jan. 12, 2007
$
645
$ 311
$
956
Dec. 15, 2007
$
696
$ 403
$
1,099
Dec. 15, 2008
$
752
$ 512
$
1,264
Retiree Medical. City contribution to monthly retiree medical to be increased
from up to $597 to a maximum of $645, $696, and $752 over the contract term.
Vacation. A new fixed vacation cap is established. Tied into the cap is a one
time, City-wide buy down of accrued vacation above the cap. Employees will not
accrue vacation over the new cap.
City Policies. Consistent with other bargaining units to date, SEIU has agreed to
new city policies for Outside Employment and Catastrophic Leave
IV. Non Economic Items:
A series of clean up items were agreed to by the Union and the City. Sections of the
MOU or side letter agreements that have been negotiated include:
• Discrimination — reference to new policy
• Language clarification regarding reclassification
• State Disability Insurance -clarification with FMLA
• Sick Leave- clarification regarding verification
• Uniform Allowance - clarify current practice
• Discipline process clarification
• Grievance process clarification
• Furlough Notice
• Layoff Notice
• Bumping Rights clarification
• Side Letter on information regarding City hiring of Temporary employees
• Agreement on Noticing Union Regarding Contracting Out
• Agreement to discuss options with Retiree Health for New Hires
• City staff to recommend creation of two permanent Library Page positions as part
of budget process.
FISCAL IMPACT:
Over the course of this three-year agreement the total compensation costs (salaries,
retirement and benefits) will increase by $1,275,000 for this bargaining group. This
increase is in line with the compensation authority granted to the City's team for these
negotiations. Compensation costs for the first year had already been established in the
fiscal year 2006-2007 budget. Therefore, no new appropriations are required at this
time. The costs for the future years will be built into the 2007-09 two year budget
process which commences next Spring.
OPTIONS:
The City Council can accept staffs recommendation and adopt the resolution or seek
additional information from staff and postpone a decision on this Memorandum of
Understanding or the City Council can direct the City's negotiations team back to the
table with this bargaining group with a change in authority.
ACTION REQUIRED:
The City Council adopt the resolution approving the renewal of the Memorandum of
Understanding with the Union for a period of three years (July 1, 2006 through June 30,
2009).
CITY OF Mayor
Albert J. Boro
Council Members
Paul M. Cohen
Barbara He/%r
Cir N. Miller
Gary 0. Phillips
DEPARTMENT OF THE CITY CLERK
January 22, 2007
File # 7-8-1
Jim Firth
Union Representative
SEN 949
4340 Redwood Highway, Suite # A37
San Rafael, CA 94903
RE: RESOLUTION NO. 12171, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN RAFAEL AMENDING RESOLUTION NUMBER 11208
PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS
FOR SEN 949, SUPERVISORY AND MISCELLANEOUS UNITS
(3 -year agreement from July 1, 2006 through June 30, 2009)
Dear firth:
Enclosed is a fully executed Duplicate Original of Resolution No. 12171, adopted by the
San Rafael City Council at a Regular Meeting on December 18, 2006.
If I may be of further assistance, please call me at (415) 485-3065.
Sincerely,
JEANNE M. LEONCINI
City Clerk
Encl.
JML:rm
cc: Nancy Mackle, Economic Development Director (without encl.)
WACity Clerk- WorkFile\Letters & Memos etc\Firth SEN -2006 MOU Supr & Misc.doc
1488f!/JhA�eaue, Boom209, P. 0. Box151580, SanBafae%CA 94915-1580
P118849.• 14151485-3880 fax 14151485-31331BB.• !4151485-3198
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From: A Date: 0�
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❑
City AttornE
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City Clerk
❑
City Manage
❑
Community
❑ Builc
❑ Codi
❑ Plan
Fire
Library
Manageme..- --- , ..
❑ Financial Serv.
❑ Human Res.
❑ ISD
Police
Print Shop/ Mail
Public Works
❑ Corp Yard
❑ City Hall
Community Services
❑ Child Care Div.
❑ Facilities riU'44 Unr(_. jJ UZ 5 �J L4
❑ Programs
❑ Youth Services
❑ Redevelopment �-cn*2 S� I U
❑ Other: —�
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❑ Remarks:
RESOLUTION NO. 1_2171
A Resolution of the City Council of the City of San Rafael Amending
Resolution Number 11208 Pertaining to the Compensation and Working
Conditions for SEIU 949, Supervisory and Miscellaneous Units.
(3 year agreement from July 1, 2006 through June 30, 2009).
WHEREAS, the City of San Rafael and SEIU 949, Marin Association of Public Employees, herein
known as Union, have met and conferred with regard to wages, hours and working conditions in
accordance in accordance with the provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding dated July 1, 2006, and consisting of 49 pages and
Exhibits has been executed by duly authorized representatives for both parties;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows:
Section 1: From and after the date of adoption of this Resolution, the City of San
Rafael and the Union, 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 personnel in the Supervisory and Miscellaneous Units represented
by MAP E;
Section 2: The schedules describing classes of positions and salary ranges attached
as Exhibit A, B, C, and D attached to said Memorandum of Understanding, together with
the Memorandum of Understanding itself are hereby adopted and 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 18th day of December, 2006 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miller
-ks
JEA . LEONCINI, CITY CLERK
ORIGINAL
MEMORANDUM OF UNDERSTANDING
SEW 949 - SUPERVISORY AND MISCELLANEOUS UNITS
July 1, 2006 through June 30, 2009
CHAPTER]. GENERAL PROVISIONS
ARTICLE 1.1. INTRODUCTION_
1.1.1. Scope of Agreement.
1.1.2. Term.
ARTICLE 1.2. RECOGNITION _
1.2.1. Bargaining Unit.
1.2.2. Notice to Employees.
ARTICLE 1.3. DISCRIMINATION.
1.3.1. In General.
1.3.2. Union Discrimination.
ARTICLE 1.4
ARTICLE 1.5.
ARTICLE 1.6.
ARTICLE 1.7.
INSPECTION OF MEMORANDUM OF UNDERSTANDING
EXISTING LAWS, REGULATIONS AND POLICIES
STRIKES AND LOCKOUTS
SEVERABILITY
ARTICLE 1.8. PREVAILING RIGHTS
ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1. Understanding.
1.9.2. Waiver & Modification.
CHAPTER 2. UNION RIGHTS
ARTICLE 2.1. UNION STEWARDS
2.1.1. Designation.
2.1.2. Bulletin Boards.
ARTICLE 2.2. DUES DEDUCTION
2.2.1. Collection of Dues and Voluntary Union Deductions
2.2.2. Dues Collection During Separation from Employment.
2.2.3. Agency Shop.
2.2.4. Indemnification.
CHAPTER 3. WAGES
ARTICLE 3.1 GENERAL WAGES AND REVENUE SHARING
3.1.1 Fiscal Year 06/07 General Wage Increase
3.1.2. Fiscal Year 07/08 General Wage Increase
3.1.3. Fiscal Year 08/09 General Wage Increase
3.1.4 Compensation Goal and Compensation Definitions
3.1.5. Compensation Surveys
3.1.6. Conditions for Revenue Sharing
3.1.7. Revenue Definitions and Revenue Sharing Calculations
3.1.8 Schedule
ARTICLE 3.2. STEP INCREASE _
3.2.1.
Entry Level Step.
3.2.2.
Consideration for Step Increase.
3.2.3.
Merit Increases.
3.2.4.
Anniversary Date.
3.2.5.
Promotions.
3
3
3
3
3
3
3
4
4
4
4
4
4
4
5
5
5
5
S
5
5
5
6
6
6
6
7
J
7
7
_7
_7
_7
_8
_8
9
10
11
11
11
11
11
12
3.2.6. Performance Evaluation.
ARTICLE 3.3. SALARY CHANGE ON RECLASSIFICATION
3.3.1. To a lower classification.
3.3.2. To a different classification with the same salary range.
3.3.3. To a higher classification.
12
12
12
12
12
ARTICLE 3.4. COMPENSATION PLAN., 13
ARTICLE 3.5. PAY DATES 13
ARTICLE 3.6. PROBATIONARY PERIOD
13
3.6.1.
Purpose of Probation.
13
3.6.2.
Length of Probationary Period.
13
3.6.3.
Rejection During Probation.
13
3.6.4.
Notification of Rejection.
14
3.6.5.
Extension of Probationary Period.
14
3.6.6.
Regular Status.
14
3.6.7.
Promotion of Probationary Employee.
14
3.6.8.
Unsuccessful Passage of Promotional Probation.
14
3.6.9.
Lateral Transfer Probation.
14
ARTICLE 3.7. SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
14
3.7.1.
Out -of -Class Compensation.
14
3.7.2.
Shift Differential Pay -
15
3.7.3.
Bilingual Pay Incentive — Miscellaneous Employees
15
3.7.4.
Bilingual Pay Incentive — Supervisory Unit
16
3.7.5.
Court Pay
16
3.7.6.
Library Premium Pay
17
CHAPTER 4. BENEFITS 17
ARTICLE 4.1. HEALTH AND WELFARE
17
4.1.1. City Contribution.
17
4.1.2. Pay Back Provision.
18
4.1.3. Health Insurance.
18
4.1.4. Retirees Health Insurance.
18
4.1.5. 125 Plan.
18
4.1.6. Pro Rata Benefit Rules
19
4.1.7. Health Options for Part Time Employees
19
ARTICLE 4.2. DENTAL INSURANCE
19
ARTICLE 4.3. JOINT BENEFIT COMMITTEE ARTICLE
20
ARTICLE 4.4. STATE DISABILITY INSURANCE (SDI)
20
ARTICLE 4.5. RETIREMENT
21
4.5.1 City Paid Employee Retirement
21
4.5.2 Retirement Plans
21
4.5.3. Member Cost of Living Rates
21
4.5.4. Service Credit for Sick Leave
21
ARTICLE 4.6. SICK LEAVE
22
4.6.1. Eligibility.
22
4.6.2. Accumulation.
22
4.6.3. Use of Sick Leave.
22
4.6.4. Advance of Sick Leave.
23
4.6.5. Compensation for Unused Portion. 23
ARTICLE 4.7. VACATION LEAVE
23
4.7.1. Eligibility.
23
4.7.2. Rate of Accrual.
23
4.7.3. Administration of Vacation Leave.
24
4.7.4. Vacation Cash In.
25
ARTICLE 4.8. HOLIDAYS
25
4.8.1. Paid Holidays.
25
ARTICLE 4.9. OTHER LEAVES
26
4.9.1. Bereavement Leave.
26
4.9.2. Military Leave.
26
4.9.3. Leave of Absence Without Pay.
26
4.9.4. Industrial Injury Leave.
26
4.9.5. Jury Duty.
27
4.9.6. Safety Holiday.
27
4.9.7. Family Medical Leave.
27
4.9.8. Personal Leave — Supervisory Unit
28
4.9.9. Catastrophic Leave
28
CHAPTER S. TERMS AND CONDITIONS 28
ARTICLE 5.1. WORKWEEK 28
ARTICLE 5.2. OVERTIME 28
ARTICLE 5.3. COMPENSATORY TIME POLICY
29
5.3.1. Accrual Limit.
29
5.3.2. Overtime Rate.
29
ARTICLE 5.4. STANDBY OR CALL-BACK DUTY
29
5.4.1. Compensation When Assigned to Standby Duty.
29
5.4.2. Minimum Payment for Call Out.
30
5.4.3. Compensation When Not Assigned to Call Back Duty.
30
5.4.4. . Standby Residency and Pagers.
30
ARTICLE 5.5. TRANSFERS / REASSIGNMENTS
30
5.5.1. Types of Transfers.
30
5.5.2. Minimum Qualifications.
31
5.5.3. Transfer Procedures.
31
ARTICLE 5.6. EDUCATION REIMBURSEMENT PROGRAM
32
5.6.1. Educational Reimbursement Program — Miscellaneous Unit
32
5.6.2. Educational Reimbursement Program — Supervisory Unit
32
ARTICLE 5.7. MECHANIC TOOL REIMBURSEMENT
32
ARTICLE 5.8. UNIFORM ALLOWANCE
32
5.8.1. Sewer and Garage Employees Uniform Maintenance Program.
32
5.8.2. Uniform Allowance.
33
5.8.3. Uniform Jacket Cleaning Allowance.
33
ARTICLE 5.9. SAFETY
33
5.9.1. Hazardous Materials.
34
ARTICLE 5.10. MISCELLANEOUS
34
5.10.1. Confidential Nature of Personnel Records.
34
5.10.2.
Confidential Nature of Medical Records.
34
5.10.3.
Outside Employment.
34
5.10.4.
Gratuities/Solicitation of Contributions.
35
5.10.5.
Return of City Equipment.
35
5.10.6.
Political Activity.
35
5.10.7.
Employment of Relatives.
35
5.10.8.
Use of City Vehicles.
35
5.10.9.
Labor/Management Meetings.
35
5.10.10.
Contract Orientation Work Sessions.
35
5.10.11.
Personnel Rules and Regulations.
36
5.10.12.
Drug and Alcohol Policy (Non -DOT)
36
CHAPTER
6. PROCEDURES
36
ARTICLE 6.1. DEMOTION AND SUSPENSION
36
6.1.1.
Demotion.
36
6.1.2.
Suspension.
36
ARTICLE 6.2. TERMINATION OF EMPLOYMENT
36
6.2.1.
Resignation.
36
6.2.2.
Termination Layoff.
37
6.2.3.
Termination - Disciplinary Action.
37
6.2.4.
Retirement.
37
6.2.5.
Rejection During Probation.
37
ARTICLE 6.3. DISCIPLINARY ACTION
37
6.3.1.
Right to Discipline and Discharge.
37
6.3.2.
Preliminary Notice.
38
6.3.3.
Disciplinary Action and Appeal.
38
6.3.4.
Sexual/Racial Harassment.
39
ARTICLE 6.4. GRIEVANCE PROCEDURE.
6.4.1. Definitions.
6.4.2. Procedure.
6.4.3. Arbitration.
6.4.4. General Provisions.
ARTICLE 6.5. POSITION RECLASSIFICATION PROCEDURE
6.5.1. Purpose.
6.5.2. Policy. _
6.5.3. Creation of New Position.
6.5.4. Reclassification.
39
39
39
40
41
42
42
42
42
42
ARTICLE 6.6. FURLOUGH PROGRAM
43
6.6.1. Voluntary Time Off (VTO).
44
6.6.2. Mandatory Time Off (MTO).
44
CHAPTER 7. MANAGEMENT RIGHTS
45
CHAPTER 8. RED UCTIONIN FORCE
46
ARTICLE 8.1. AUTHORITY
46
ARTICLE 8.2. NOTICE
46
ARTICLE 8.3. ORDER OF LAYOFF
46
ARTICLE 8.4. SENIORITY
47
ARTICLE 8.5. BUMPING RIGHTS
ARTICLE 8.6. TRANSFER RIGHTS
ARTICLE 8.7. RE-EMPLOYMENT
8.7.1.
General Guidelines.
8.7.2.
Right to Re-employment.
8.7.3.
Time Limits.
8.7.4.
Availability.
8.7.5.
Probationary Status.
8.7.6.
Restoration of Benefits.
47
47
47
47
48
48
48
48
48
This Memorandum of Understanding is entered into pursuant to the provisions of
Section 3500, et seq. of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in said
representation unit, and have freely exchanged information, opinions and
proposals and have reached agreement on all matters relating to the employment
conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the
City of San Rafael as the joint recommendation of the undersigned parties for
salary and employee benefit adjustments for the period commencing July 1, 2006
and ending June 30, 2009.
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 1.1. INTRODUCTION
1.1.1. Scope of Agreement.
The salaries, hours, fringe benefits and working conditions set forth have been
mutually agree upon by the designated bargaining representatives of the City of
San Rafael (herein -after called "CITY") and SEIU 949 (herein -after called
"UNION") and shall apply to all employees of the City working in the classifications
and bargaining unit set forth herein.
1.1.2. Term.
This agreement shall be in effect from July 1, 2006 through June 30, 2009.
ARTICLE 1.2. RECOGNITION
1.2.1. Bargaining Unit.
City hereby recognizes Union as bargaining representative for purpose of
establishing salaries, hours, fringe benefits and working conditions for all
employees within the Miscellaneous and Supervisory Bargaining Units. (As
referenced in Exhibit "A" through "D" attached).
1.2.2. Notice to Employees.
Whenever a person is hired in any of the job classifications set forth herein, City
shall notify such person that the Union is the recognized bargaining representative
for employees in that classification.
Page 3
ARTICLE 1.3. DISCRIMINATION.
1.3.1. In General.
The parties to this contract agree that they shall not, in any manner, discriminate
against any person whatsoever because of race, color, age, religion, ancestry,
national origin, sex, sexual orientation, marital status, medical condition or
disability. Any employee alleging such discrimination should use the internal,
administrative process explained in the City of San Rafael's Policy Against
Harassment, Discrimination and Retaliation (Policy No. 140.03) to redress the
situation. Such employees shall be entitled to Union representation but are not
entitled to seek redress using the grievance procedure of this MOU.
1.3.2. Union Discrimination.
No member, official, or representative of the Union shall, in any way suffer any
type of discrimination in connection with continued employment, promotion, or
otherwise by virtue of membership in or representation of Union.
ARTICLE 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Union agree to keep duplicate originals of this Memorandum
on file in a readily accessible location available for inspection by any employee or
member of the public upon request.
ARTICLE 1.5. EXISTING LAWS, REGULATIONS AND POLICIES
This agreement is subject to all applicable laws of the State of California,
ordinances, regulations, and policies of the City of San Rafael.
ARTICLE 1.6. STRIKES AND LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out
employees, and the Union agrees that it will not agree to, encourage or approve
any strike or slowdown growing out of any dispute relating to the terms of this
Agreement. The Union will take whatever lawful steps are necessary to prevent
any interruption of work in violation of this Agreement, recognizing with the City
that all matters of controversy within the scope of this Agreement shall be settled
by established procedures set forth in the City's charter, ordinances, and
regulations, as may be amended from time to time.
ARTICLE 1.7. SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid
by operation of law, or by any tribunal of competent jurisdiction, or if compliance
with or any enforcement of any provision hereof be restrained by such tribunal, the
remainder of this Memorandum shall not be affected thereby, and the parties shall,
if possible, enter into meet -and -confer sessions for the sole purpose of arriving at
a mutually satisfactory replacement for such article, paragraph or section.
Page 4
ARTICLE 1.8. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been
adopted through rules, regulation, ordinance or resolution, which are not
specifically superseded by this Memorandum of Understanding shall remain in full
force and effect throughout the term of this Agreement.
ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1. Understanding.
The parties jointly represent to the City Council that this Memorandum of
Understanding set forth the full and entire understanding of the parties regarding
the matters set forth herein.
1.9.2. Waiver & Modification.
Except as specifically otherwise provided herein, it is agreed and understood that
each party hereto voluntarily and unqualifiedly waives its right, and agrees that the
other shall not be required to meet and confer with respect to any subject or matter
covered herein, nor as to wages or fringe benefits during the period of the term of
this Memorandum.
The foregoing shall not preclude the parties hereto from meeting and conferring at
any time during the term of this Agreement with respect to any subject matter
within the scope of meeting and conferring by mutual agreement.
CHAPTER 2. UNION RIGHTS
ARTICLE 2.1. UNION STEWARDS
2.1.1. Designation.
The Union shall by written notice to the City Manager, designate certain of its
members as Union Stewards. Union Stewards shall be permitted reasonable time
for Union activities including grievance representation. In all cases, the Stewards
shall secure permission from the Steward's supervisor before leaving a work
assignment. Such permission shall not be unreasonably withheld.
Union Stewards for salary discussions shall be in accordance with Meyers-Milias-
Brown (MMB) Act.
2.1.2. Bulletin Boards.
Authorized representatives of the Union shall be allowed to post Union notices on
specified bulletin boards maintained on City premises.
Page 5
ARTICLE 2.2. DUES DEDUCTION
2.2.1. Collection of Dues and Voluntary Union Deductions
City agrees, upon written consent of the employee involved, to deduct dues and
voluntary union deductions selected by members, as established by the Union,
from the salaries of its members. The sums so withheld shall be remitted by City,
without delay, along with a list of employees and their respective dues and
voluntary deductions. Union bears responsibility for allocating dues and voluntary
deductions pursuant to employees' requests.
2.2.2. Dues Collection During Separation from Employment.
The provisions specified above (2.2.1.) shall not apply during periods of separation
from the representation Unit by any such employee, but shall reapply to such
employee commencing with the next full pay period following the return of the
employee to the representation Unit. The term separation includes transfer out of
the Unit, layoff, and leave without pay absences with a duration of more than five
(5) working days.
2.2.3. Agency Shop.
The parties hereto recognize that within the Agency shop provisions of this
agreement, unit employees may opt to join the union or register as a fee payer
during the first thirty (30) days of their employment. Neither the City or the Union
will discriminate against any employee because of the exercise of their statutory
rights. The Union agrees to its obligation to represent all of the employees in the
unit fairly and equally, without regard to their membership in the Union.
Therefore, effective August 1, 1992, any employee of the City as of August 1,
1992, who is a member of the Union on August 1, 1992, or who subsequently
joins, and all employees in the Unit hired on or after that date shall, as a condition
of continued employment, either be required to belong to the Union or to pay to the
Union an amount equal to a fair share percentage of that which would be paid by
an employee who decides to become a member of the Union at the time of
employment. Note: The Union is obligated to annually inform the City of the fair
share amount.
The employee's earnings must be regularly sufficient after other legal and required
deductions are made to cover the amount of the dues or service fees check off
authorized. When an employee is in a non -pay status for an entire pay period, no
withholding will be made to cover the pay period from future earnings. In the case
of an employee who is in a non -pay status during only part of the pay period, and
the salary is not sufficient to cover the full withholding, no deduction shall be
made. In this connection, all other legal and required deductions have priority over
Union dues.
Page 6
The Union shall notify the City in writing as to the amount of such dues uniformly
required of all members of the Union.
2.2.4. Indemnification.
Moneys withheld by the City shall be transmitted to the Treasurer of the Union at
the address specified. The Union shall indemnify, defend, and hold the City
harmless against any claims made, and against any suit instituted against the City
on account of check off of employee organization dues or service fees. In
addition, the Union shall refund to the City any amount paid to it in error upon
presentation of supporting evidence.
CHAPTER 3. WAGES
ARTICLE 3.1 GENERAL WAGES AND REVENUE SHARING
3.1.1 Fiscal Year 06/07 General Wage Increase
Effective the beginning of the first payroll period of January 1- 15, 2007,
represented in the January 31, 2007 paycheck date, the City shall grant a 4.0%
salary increase for all represented job classes (See Exhibit "A").
3.1.2. Fiscal Year 07/08 General Wage Increase
Effective the beginning of the payroll period July 1 —15, 2007, represented in the
July 31, 2007 paycheck date, the City shall grant a 2.7% salary increase for all
represented job classes (See Exhibit "B").
3.1.3. Fiscal Year 08/09 General Wage Increase
Effective the beginning of the payroll period July 1 — 15, 2008 represented in the
July 31, 2008 paycheck date the City shall grant a 2.8% salary increase for all
represented job classes (See Exhibit "C").
3.1.4 Compensation Goal and Compensation Definitions
It is the goal of the City Council to try to achieve a total compensation package for
all employees represented by the Union in an amount equal to the following:
The average plus one dollar to the total compensation paid to the same or similar
classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San
Leandro, South San Francisco, Alameda, Napa, Novato and Santa Rosa; and,
The highest total compensation paid to the same or similar classifications in the
following agencies in Marin County: Corte Madera, Larkspur, Marin County, Mill
Valley, Novato, and San Anselmo.
Total Compensation for survey purposes shall be defined as: Top step salary
(excluding longevity pay steps), educational incentive pay, holiday pay, uniform
Page 7
allowance, employer paid deferred compensation (except for such portion that
may be part of employee cafeteria plan), employer's contribution towards
employees' share of retirement, employer's retirement contribution, employer paid
contributions toward insurance premiums for health, life, long term disability,
dental and vision plans, and employer paid cafeteria/flexible spending accounts.
3.1.5. Compensation Surveys
To measure progress towards the above -stated goal, the City and the Union will
jointly survey the identified benchmark positions, which are identified in the SEIU
949 Represented Benchmarks and Internal Relationships Table attached as
Exhibit "D" and included as part of this M.O.U., in September of each year of the
contract. However, if General Tax Revenues, as defined in Section 3.1.7 have not
increased over the prior fiscal year, then the City and Union will not complete the
compensation survey, unless it is the final year of this Agreement.
Identified benchmark positions from other agencies include positions that are filled
as well as those that may be unfilled, so long as the benchmark position is
identified by the survey agency as being on the salary schedule and having a job
class description. Other city/agency positions are established as benchmark
positions in San Rafael's compensation survey based upon similar work and
similar job requirements.
Survey data will include all salary and benefit increases, as defined in 'total
compensation', in place or to be effective no later than September 1 of that same
year, for the purpose of applying the excess General Tax Revenues, if any,
described in this chapter. The City and the Union shall review the benchmark and
related survey data for accuracy and completeness.
3.1.6. Conditions for Revenue Sharing
Employees in the bargaining unit positions defined in this MOU shall receive Revenue
Sharing Increases, in accordance with the schedule in Section 3.1.8, in addition to the
base salary increases, if the following conditions are met:
a. If the total compensation goal, as outlined in Section 3.1.4 has not been
reached, and,
b. If growth in General Tax Revenues, as defined in Section 3.1.7, have
resulted in revenues being available for distribution, and,
c. The "net change in General Fund Balance", as presented in the previous
year's City annual audit, is positive.
If the above three conditions are met, then a Revenue Sharing salary increase shall
be paid prospectively, in accordance with the schedule in Section 3.1.8 and
calculation in Section 3.1.7.
Page 8
In no event will total compensation increases available through the revenue
sharing provisions of this contract and provided for bargaining unit employees
cause the benchmark positions to exceed the stated 'total compensation' goal. All
related classifications shall receive the same increases as those received by their
assigned benchmark position (as defined in the SEIU 949 Represented
Benchmarks and Internal Salary Relationships table included as part of this
M.O.U.)
3.1.7. Revenue Definitions and Revenue Sharing Calculations
General Tax Revenues shall be defined for this Chapter of the Memorandum of
Understanding to include the following taxes: Sales Tax, Property Tax (Secured,
Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax,
Hotel Occupancy Tax, Business License Tax and Franchise Fees. No other
revenue sources of the City will be included in this definition.
The City will complete the calculation of the General Tax Revenues in accordance
with the schedule in Section 3.1.8. If General Tax Revenues have not increased
over the prior fiscal year, then the City and Union will not complete the
compensation survey as outlined in Section 3.1.5, unless it is the final year of this
Agreement.
If total compensation of the top step benchmark positions has not reached the
stated goal, then bargaining unit employees shall be entitled to a revenue sharing
increase, subject to the conditions set forth in Section 3.1.6. However, if the
increase would cause the benchmark position total compensation to exceed the
stated goal, then only that percentage needed to reach the goal for the benchmark
position will be applied to all related classifications.
a. Fiscal Year 06/07 Revenue Sharing Increase. If General Tax Revenues of
the City for fiscal year 2005-2006 exceed General Tax Revenues of the City for
fiscal year 2004-2005 as adjusted by 75% of the total compensation increases
provided for fiscal year 2005-2006, then the members of the bargaining unit
shall be entitled to apply 35% of one-half (1/2) of the excess of fiscal year
2005-2006 General Tax Revenues over fiscal year 2004-2005 General Tax
Revenues adjusted for 75% of the total compensation increases provided to
members in fiscal year 2005-2006, for a salary increase.
b. Fiscal Year 07/08 Revenue Sharing Increase. If General Tax Revenues of
the City for fiscal year 2006-2007 exceed General Tax Revenues of the City for
fiscal year 2005-2006 as adjusted by 75% of the total compensation increases
provided for fiscal year 2006-2007, then the members of the bargaining unit
shall be entitled to apply 35% of one-half (1/2) of the excess of fiscal year
2006-2007 General Tax Revenues over fiscal year 2005-2006 General Tax
Page 9
Revenues adjusted for 75% of the total compensation increases provided to
members in fiscal year 2006-2007, for a salary increase.
c. Fiscal Year 08/09 Revenue Sharing Increase. If General Tax Revenues of
the City for fiscal year 2007-2008 exceed General Tax Revenues of the City for
fiscal year 2006-2007 as adjusted by 75% of the total compensation increases
provided for fiscal year 2007-2008, then the members of the bargaining unit
shall be entitled to apply 35% of one-half (1/2) of the excess of fiscal year
2007-2008 General Tax Revenues over fiscal year 2006-2007 General Tax
Revenues adjusted for 75% of the total compensation increases provided to
members in fiscal year 2007-2008, for a salary increase.
During each year of this contract, if there are any remaining General Tax
Revenues, after all benchmark positions have achieved the 'total compensation'
goal outlined above, then these excess General Tax Revenues can be used to
provide additional salary or benefit increases. The excess General Tax Revenues
are limited to 1 % of total compensation as calculated by the survey results
completed in each year of this contract (as outlined in Section 3.1.3). The City and
the Union shall meet to review the General Tax Revenue calculations and agree
on how the excess 1 % General Tax Revenues, if available, are implemented. If
no excess General Tax Revenues are available in any particular year (after'total
compensation' goal is reached), there is no obligation by the City to provide for this
1 % excess General Tax Revenues sharing in subsequent years (language
specifically refers to no carry-over clause in this provision).
If excess General Tax Revenues are available to be applied based on the
surveying of total compensation for the benchmark positions to a salary increase,
the classifications Shop and Equipment Supervisor and Supervisor Grounds will
receive an additional 2.5% salary increase each January 1 St when such increases
are awarded, added to any increase warranted by the survey results (This shall be
done prior to the implementation of any other equity increases.) If excess General
Tax Revenues are not available for salary increases based on the survey, the
additional 2.5% salary increase for these classifications will be added to the 2.5%
salary increase scheduled for the following year. The goal is to increase the salary
of the Shop and Equipment Supervisor classification by a total of 2.5%, aligning
with the benchmark of Street Maintenance Supervisor. The goal is to increase the
salary of the Supervisor Grounds classification by 2.5% each year for a total of
5%, aligning with the benchmark of Street Maintenance Supervisor.
3.1.8 Schedule
a. September 7th- General Tax Revenues. The City shall make known to
the Union 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
Revenues has taken place, there shall be no Revenue Sharing for that
fiscal year of the contract.
Page 10
b. November 1St - Net Change in General Fund Balance. By November 1st
of each year, the City shall make known to the Union 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. January 1St — Base Monthly Pay Increases. January 1St pay period shall be
the start date (for paycheck date of January 31 st) for each Revenue Sharing
Salary increase.
ARTICLE 3.2. STEP INCREASE
3.2.1. Entry Level Step.
All initial employment shall be at the first step of the salary range, provided that the
City Manager may make an appointment to a position at an appropriate higher
salary when, in his/her opinion, it is necessary to obtain qualified personnel, or
when it appears that the education or experience of a proposed employee is
substantially superior to the minimum requirements of the class and justifies a
beginning salary in excess of the first step.
3.2.2. Consideration for Step Increase.
An employee may be considered for a salary step increase in accordance with the
time interval established in the salary plan, as referenced in Exhibit "A" -"C". Which,
unless otherwise noted, salary step increases within established salary ranges are
scheduled at yearly intervals. Advancement to a higher salary step within an
established salary range is granted for continued improvements and efficient and
effective work by the employee in the performance of his/her duties.
3.2.3. Merit Increases.
Accelerated merit performance step increases of five percent (5%) may be granted
an employee based upon the recommendation of the Department Head and
approved by the City Manager. Employees at the maximum step of their salary
range may be granted a merit performance step increase of five percent (5%)
above and beyond their salary range. A merit step increase may be effective for
up to one (1) year. A merit step increase may be withdrawn and is not a
disciplinary action and is not appealable.
3.2.4. Anniversary Date.
Effective 1-1-89, the anniversary date for employees promoted on or after this date
shall remain unchanged. Based upon job performance, as measured by a
Performance Evaluation, employees may receive consideration for a step increase
within their salary range on their anniversary date.
Page 11
3.2.5. Promotions.
Employees promoted to higher-level positions shall be placed at the step in the
new salary range that will provide, at a minimum, a five (5%) increase (unless that
would exceed the top step in the salary range).
3.2.6. Performance Evaluation.
Prior to the completion of the probationary period, a minimum of one performance
evaluation report shall be reviewed with the employee.
Upon completion of the probationary period, a performance report shall be
prepared and reviewed yearly thereafter for each employee in the Classified
Service, as a means of determining whether in -grade salary increases are merited,
and/or as a means of improving employee performance and communication
between supervisors and subordinates.
ARTICLE 3.3. SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified the incumbent shall be affected as outlined
below:
3.3.1. To a lower classification.
When a position is re -allocated to a lower classification. The incumbent is either:
1. Transferred to a vacant position in the former classification; or
2. If the incumbent's current salary is greater than the top step of the lower
classification, Y -rated at the current salary until the salary of the lower
classification is at or above the Y -rate.
3.3.2. To a different classification with the same salary range.
When a position is reallocated to a different classification with the same salary
range, the incumbent shall be granted the same status in the new classification, in
which he/she shall be paid at the same step of the range and shall maintain the
same salary rights.
3.3.3. To a higher classification.
When a position is reclassified to a classification with a higher salary range, the
incumbent is moved into the higher classification with the position, except in the
circumstances prescribed below. Placement in the salary range shall be in
accordance with the appropriate salary pay plan.
If the duties upon which the reclassification are based could have been assigned
to any of a number of employees in that classification within the division or
department, then a promotional exam is held for the reclassified position. Such an
exam is a departmental only recruitment limited to employees within that
Page 12
classification. If the incumbent is not successful in this competitive process,
she/he is assigned to the position vacated by the promotion.
ARTICLE 3.4. 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 employments shall be at the first step of the salary range. The City
Manager or his/her designee may authorize, upon the recommendation of the
Appointing Authority, 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 a beginning salary in excess
of the first step.
ARTICLE 3.5. PAY DATES
City employees are paid twice per month on the 15th and the last working day of
the month. When a holiday falls on a payday, the payday will be transferred to the
following day of regular business unless Finance is able to complete the payroll by
the previous workday. The method of the distributing payroll shall be established
by the Finance Director.
ARTICLE 3.6. PROBATIONARY PERIOD
3.6.1. Purpose of Probation.
After passing an examination and accepting appointment, each employee shall
serve a period of probation beginning on the date of appointment. Such period
shall be for the purpose of determining the employee's ability to perform
satisfactorily the duties prescribed for the position.
3.6.2. Length of Probationary Period.
The probationary period on original and promotional appointment shall be for one
(1) year.
3.6.3. Rejection During Probation.
During the probationary period an employee may be rejected at any time by the
Appointing Authority without the right of appeal.
Page 13
3.6.4. Notification of Rejection.
On determining that a probationary employee's work is not satisfactory, the
Appointing Authority shall notify the Human Resources Manager in writing of
his/her intention to terminate the employee. After discussion with the Human
Resources Manager, the Appointing Authority shall notify employee in writing of
his/her rejection.
3.6.5. Extension of Probationary Period.
The probationary period shall not be extended except in the case of extended
illness or injury or compelling personal situation during which time the employee
was unable to work. In such cases, the probationary period may be extended for
the length of time the ill or injured employee was unable to work.
3.6.6. Regular Status.
Regular status shall commence with the day following the expiration date of the
probationary period.
3.6.7. Promotion of Probationary Employee.
An employee serving a probationary period may be promoted to a position in a
higher position classification provided he/she is certified from the appropriate
Eligible List. The employee promoted in this manner shall serve a new
probationary period for the position to which employee is promoted and the new
probationary period and promotional appointment shall be effective the same date.
3.6.8. Unsuccessful Passage of Promotional Probation.
An employee who does not successfully pass his/her promotional probationary
period shall be reinstated to the position in which the employee held regular status
prior to his/her promotion. 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.
3.6.9. Lateral Transfer Probation.
Voluntary transfers to another job classification, within the same salary range,
shall require a six (6) month probationary period. In the event of unsuccessful
passage of this period refer to 3.6.8.
ARTICLE 3.7. SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
3.7.1. Out -of -Class Compensation.
Employees assigned in writing by their supervisor to perform work in a higher paid
classification, shall be compensated at a rate 5% greater than the employee's
current base salary. The out -of -class increase shall be retroactive to the first day
of the assignment. If the assignment extends beyond four consecutive weeks,
Page 14
then the employee shall be compensated at the lower step of the classification
within which the duties fall if that is greater.
In the event a Parking Enforcement Officer is assigned "field training" duties the
City shall consider this as "out of class" work and the assigned Parking
Enforcement Officer will receive 5% of their current pay as compensation for the
hours worked in this assignment.
3.7.2. Shift Differential Pay -
a. A three percent (3%) shift differential shall be paid for all employees in
these represented bargaining groups who are regularly scheduled to work
fifty percent (50%) or more of their shift between the hours of 5:00 p.m. and
11:00 P.M.
b. A five percent (5%) shift differential shall be paid for all employees in these
represented bargaining groups who are regularly scheduled to work fifty
percent (50%) or more of their shift between the hours of 11:00 p.m. and
7:00 a.m.
c. Employees in job classes not identified in this section who are assigned to
work the swing or graveyard shift time periods on a temporary basis and/or
on an overtime basis are excluded from shift differential pay for those time
periods.
d. Shift differential shall not be considered an additional percentage on salary
for personnel involved, but shall apply only to hours actually worked; e.g.,
differential does not apply to sick leave, vacation or compensatory time, but
does include overtime for employees regularly assigned to the swing or
graveyard shifts.
3.7.3. Bilingual Pay Incentive — Miscellaneous Employees
Within the job classifications represented by the Union provisions are hereby
established whereby an employee may receive bilingual pay for full fluency in a
foreign language.
Full fluency is defined as a skill level that will allow the employee to fully assist
someone else who does not speak English in coping with situations or problems
by translating for, conversing with and/or reading or writing written material.
An employee can petition to his/her department head for this bilingual pay
incentive. With the department head's recommendation and on review by the
Human Resources Manager and approval of the City Manager the employee may
begin to receive this bilingual pay incentive.
Page 15
Criteria for approval of the bilingual pay incentive by the City Manager includes:
a. Certification by a recognized school of the appropriate skill level; and/or
b. Demonstrated ability of the proficiency level on the job; and
c. Department head's recommendation and statement that the bilingual skill of
the employee can be of value to the department and the employee in the
completion of their regular work assignments.
An employee approved for the bilingual pay incentive shall receive an additional
$150.00 per month above their base salary.
This bilingual pay incentive shall be reviewed annually and as long as the
employee demonstrates (by work experience or re -testing, as determined by the
City of San Rafael) the full fluency skill level; and as long as the Department Head
indicates the value of this skill to the department and the employee in the
completion of their regular work assignments.
Removal of the bilingual pay incentive would be considered a non -disciplinary
action and as such would not be subject to any appeal/grievance procedure.
3.7.4. Bilingual Pay Incentive — Supervisory Unit
Within the Librarian 1/II classification, the Library Director shall establish one
position eligible to receive $50.00 per month Bilingual Pay Differential. This
bilingual pay shall become effective the first payroll period after the designated
employee takes and passes an approved proficiency examination.
The employee must be certified as sufficiently fluent in a language deemed to be
of work value to the Library as determined by the Library Director and approved by
the City Manager. Fluency certification may be obtained by either passing a
department approved proficiency test or submitting a current (no more than one
year old) certificate of satisfactory proficiency/fluency from a department approved
agency or school. It is agreed that annual re -certification of fluency is required to
continue receiving the Bilingual Pay Differential. Fluency in more than one foreign
language does not entitle an employee to more than one $50.00 per month
differential.
3.7.5. Court Pay
Parking Enforcement Officers who are required, in the course and scope of their
official employment, to appear in court or other official hearings other than during
his/her work week schedule, shall receive a minimum of four hours pay if that
appearance is on a scheduled day off. If a court appearance is required on a
scheduled work day, and such appearance commences one half (1/2) hour after
completion of an employee's shift, then the employee shall be compensated at the
Page 16
overtime rate for actual time spent, beginning at the conclusion of the regular shift
hours and ending upon his/her release from the court or hearing office.
3.7.6. Library Premium Pay
Within the Library job classifications represented by the Union provisions are
hereby established whereby an employee shall be entitled to additional
compensation at one-half (1/2) their hourly pay rate for each hour actually
regularly scheduled and worked on Sundays (excludes paid leave time). The
Library shall first seek volunteers for these hours before assigning employee to
Sunday hours.
Nothing in this section shall change the provisions of Article 5.1. Work Week
definition. Although employees may be able to obtain approval to work beyond the
operational hours of the Library on scheduled Sundays, employees working a
shortened Sunday work day must make up the time either by taking vacation,
compensatory time and/or additional work hours on other scheduled work days
during the same work. This flexible work schedule would not constitute overtime
hours. No additional compensation shall be paid when Sunday hours are worked
due to work related emergencies, or for hours covered by the stand by and/or on-
call time provisions of this M.O.U.
CHAPTER 4. BENEFITS
ARTICLE 4.1. HEALTH AND WELFARE
4.1.1. City Contribution.
The City shall contribute toward City offered health insurance premiums for active
employees in accordance with the chart below.
Paycheck Effective Date
Health Base
Flexible Benefits
Total
July 1 — Dec 29, 2006
$
597
$
234
$
831
Jan 12, 2007
$
645
$
311
$
956
Dec 15, 2007
$
696
$
403
$
1099
Dec 15, 2008
$
752
$
512
$
1264
Active employees will have a Flexible Spending Account as listed in the chart
above that may be used to pay for excessive, over the base level above,
employee cost(s) to enroll in City offered group Accident, Life and Disability
insurance plans. Selection of coverage must include the $5,000 basic group life
insurance program and the employee's basic health plan (unless employee can
provide proof of other health insurance coverage).
Page 17
4.1.2. Pay Back Provision.
For active employees, the difference between the allotted amount (base level and
Flexible Spending Account) and the cost of the City -offered Health, Accident, Life
and Disability insurance plans will be paid back to the employee up to a maximum
$54/month. Effective with the paycheck date of January 12, 2007 the maximum
pay back is increased to $150 per month. Pay back is pro rated for part time
employees covered by this Agreement.
4.1.3. Health Insurance.
The City shall have the option, after meeting and consulting with representatives of
THE UNION Stewards' Council, of either contracting with the Public Employees
Retirement System (PERS) Health Benefits Division for health insurance or
contracting directly with some or all of the providers of health insurance under the
PERS program; provided, however, contracting directly with the providers shall not
cause any material reduction in insurance benefits from those benefits available
under the PERS program.
4.1.4. Retirees Health Insurance.
Employees retiring (on or after 9-15-90) from the City of San Rafael and within 120
days of leaving City employment, shall receive up to $597 per month contribution
toward the cost of the health insurance plan they are enrolled in through the City.
Effective with the paycheck date of January 12, 2007 this amount will increase
from up to $597 per month to up to $645 per month effective with the paycheck
date of 12/15/07 this amount will increase up to $696 per month, and effective with
the paycheck date of 12/15/08, this amount will increase up to $752 per month.
There are no pay back provisions for retirees.
4.1.5. 125 Plan.
City will offer a 125 Plan as long as such a plan is desired by the Union and
available pursuant to the IRS Code. 125 Plans offered by the City include:
a. Out-of-pocket medical expenses that qualify under the IRS Code effective
January 1, 2003 at IRS Code limit, not to exceed $5,000. Employees are
responsible to pay the monthly administrative fee and any increase
established by the third party administrator. Employees must have passed
initial probation period on or before the December 31St prior to each
enrollment calendar year (example: employee must have successfully
completed this probation by 12/31/06 in order to enroll for calendar year
2007). Employees separating from City service prior to re -payment of City
advanced medical expense reimbursement shall have said amount
deducted from final check.
Page 18
b. Dependent care expenses that qualify under the IRS Code at the IRS Code
limit. Employees are responsible to pay the monthly administrative fee and
any increase established by the third party administrator.
c. Excess Medical premiums shall be deducted from employee's pay with pre-
tax dollars as long as such deduction is allowable under the applicable IRS
Code.
City shall establish annual enrollment period and each employee must re -enroll
annually for either plan noted in a. and/or b. City shall have the authority to
implement changes to the 125 Programs to comply with changes in applicable IRS
laws without having to go through the meet and confer process.
4.1.6. Pro Rata Benefit Rules
Employees covered by this Agreement who work less than full time but more than
twenty (20) hours per week on a regular basis shall be eligible to receive: a) pro
rated leave benefits; b) a pro rated share of the monthly dollar contribution made
by the city to be used for enrollment in city offered group health, life, and long term
disability insurance plans which the employee may be eligible for based upon the
regular hours the employee works, and c) pro rated share shall be equivalent to
the part time employee position's ratio of hours worked to full time equivalency.
4.1.7. Health Options for Part Time Employees
Part-time employees (defined for purposes of this section 4.1.7 to be those who
work less than .75 FTE) who are eligible for the pro -rated cafeteria plan (health
and life insurance and flexible benefits) as defined in Section 4.1.1 and 4.1.6 may
elect to opt out of the cafeteria plan provided proof of other health insurance
coverage is provided and the CALPERS HB12 Form is completed. Eligibility to
opt out of the cafeteria plan is subject to PERS and IRS regulations. If the eligibility
requirements are met, an employee can elect to enroll in the City's Section 125
(Flexible Spending Account Plan) on an annual basis during the December 1
through December 15 open enrollment period. The City will fund the Section 125
plan with the equivalent contribution amount that would have otherwise been
contributed to the pro -rated cafeteria plan provided this amount does not exceed
the maximum ($5000.00) allowed by the IRS.
ARTICLE 4.2. DENTAL INSURANCE
The City will provide a dental insurance program which offers 100% coverage for
diagnostic and preventative care; $25.00 deductible on corrective care (80/20);
and an 80% payment of eligible costs associated with crown and cast restoration
per patient per calendar year and orthodontic coverage for eligible dependents
(50/50). The dental provider will provide payments for covered services at the
percentage indicated in the plan booklet up to a maximum of $1,500 for each
enrollee in each calendar year.
Page 19
Effective January 1, 2002 dental insurance enrollment will be available to part
time, permanent employees working at least 20 hours per week (FTE level of
position). The City's contribution towards the monthly dental insurance premium
will be prorated based on the FTE level of the part time employee.
ARTICLE 4.3. JOINT BENEFIT COMMITTEE ARTICLE
Both parties agree to continue to utilize the Joint Benefits Committee for ongoing
review of benefit programs, cost containment and cost savings options. The
Committee shall be made up of representatives of the SEIU, Association of
Professional Employees, Association of Confidential Employees, Police, Fire and
Management employees.
ARTICLE 4.4. STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically
deducted from their paycheck and no City contribution will be made toward
participation in the plan.
It is incumbent upon the employee to keep the City advised of their medical status
and eligibility for SDI. With this notification, SDI benefits, as determined by the
State, shall be integrated with accrued sick and vacation leave in the following
manner:
1. Employee notifies supervisor of disability and need for time off. At the
same time employee files for SDI through the State Office.
2. Supervisor verifies from leave records the employee's accrual balances and
projects whether or not employee would, under normal circumstances, be
placed in a leave without pay status during the time off period.
3. Personnel Action Form (PAF) is completed by the supervisor to document
request and approval of extended leave.
4. Human Resources Division, on receipt of PAF, contacts employee and
supervisor to discuss availability of coordination of SDI with leave benefits.
5. Employee's time off is recorded as sick leave and if necessary then
vacation leave on time cards submitted by the supervisor to the Payroll
Office.
6. On receipt of the SDI checks employee endorses the checks over to the
City of San Rafael.
7. Based upon employee's hourly rate of pay the Payroll Office computes how
much used sick and/or vacation leave time the employee may buy back and
credits the employee with those hours. NOTE: The employee may not buy
back more than accrued at or during the time of the disability.
Page 20
8. The Human Resources Division, after notification from Payroll, notifies the
employee when they have used all accrued sick and/or vacation time and
when leave without pay status (LWOP) begins. Once the employee is on
LWOP they would keep any SDI checks received and would be fully
responsible for the monthly health, dental and life insurance premiums if
they chose to remain in the group plans. FMLA/CFRA provide an exception
and are referenced under section 4.9.7
ARTICLE 4.5. RETIREMENT
4.5.1 City Paid Employee Retirement
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.
4.5.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 2.7% at
55 -retirement program to all miscellaneous members, as defined under the 1937
Act Government Code Section 31676, subject to Marin County Employee
Retirement Association procedures and regulations and applicable 1937 Act laws
that govern such plans.
4.5.3. Member Cost of Living Rates
Bargaining unit members who are eligible to participate in the Marin County
Employee Retirement Association will pay their full share of members' cost of
living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act.
Miscellaneous and safety member contribution rates include both the basic and
COLA portions (50% of COLA is charged to members as defined in the 1937 Act).
4.5.4. Service Credit for Sick Leave
Employees who retire from the City of San Rafael within 120 days of leaving City
employment (excludes deferred retirements) shall receive employment service
credit for retirement purposes only, for all hours of accrued, unused sick leave
(exclusive of any sick leave hours they are eligible to receive and they elect to
receive in compensation for at the time of retirement (see 4.6.5.).
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ARTICLE 4.6. SICK LEAVE
4.6.1. Eligibility.
Sick leave with pay shall be granted to each eligible employee. Sick leave may
not be used at an employee's discretion, but shall be allowed only in case of
necessity and actual sickness or disability. The employee is required to notify
employee's immediate supervisor or department head according to department
Rules and Regulations at the beginning of his/her daily duties. The City has the
right to request a verification from an employee who is absent from his/her duties
for two (2) or more consecutive workdays. The verification shall be either a
physician's certificate or the employee's personal affidavit verifying the employee's
eligibility for sick leave.
4.6.2. Accumulation.
All eligible full time employees shall earn sick leave credits at the rate of one (1)
working day per month commencing with the date of employment. Unused sick
leave may be accumulated to any amount but a cap exists for payoff purposes
(see 4.6.5.). The sick leave accrual rate is prorated for eligible part time
employees.
4.6.3. Use of Sick Leave.
An employee may use accrued sick leave during their probationary period. An
employee eligible for sick leave with pay shall be granted such leave for the
following reasons:
1. Personal illness of the employee or illness within the immediate family
(family member means an employee's spouse, and any unmarried child,
including adopted child, a stepchild, or recognized natural child who lives
with the employee in a regular parent-child relationship), or physical
incapacity of the employee resulting from causes beyond the employee's
control; or
2. Enforced quarantine of the employee in accordance with community health
regulations; or
3. Medical appointments that cannot be scheduled during non -working hours
shall be charged to sick leave.
4. Personal illness of an employee's parent (excludes in-laws) that require the
employee to attend to their care.
Note: Except that in 1. and 2., above an employee may not use sick leave
for a work related injury and/or illness once said employee has been
determined permanent and stationary and unable to return to their position
with or without reasonable accommodation.
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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, 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. Compensation for Unused Portion.
Upon termination of employment by resignation, retirement or death, a regular
employee who leaves the City service in good standing shall receive
compensation for all accumulated unused sick leave based upon the following
formula: a rate of three percent (3%) for each year of service (i.e., 3% times
number of employment service years). The maximum number of accumulated,
unused sick leave an employee may be compensated for upon termination of
employment is 600 hours. See 4.5.4. regarding service credit option for
accumulated, unused sick leave that the employee is not compensated for upon
termination.
ARTICLE 4.7. VACATION LEAVE
4.7.1. Eligibility.
Annual vacation with pay shall be granted each eligible employee. Vacation leave
accrual shall be prorated for those employees working less than full time.
Employees will be permitted to use accrued vacation leave after six (6) months of
employment subject to the approval of the department head.
4.7.2. Rate of Accrual.
Vacation benefits shall accrue during the probationary period. Each regular full
time employee (part time regular are prorated) shall accrue vacation at the
following rate for continuous service. Each service year in the chart begins on the
first working day and ends on the last day of the service year:
Service
Year
Annual Hours
Hours Per Month
1
75.000 hours
6.2500
2
75.000 hours
6.2500
3
75.000 hours
6.2500
4
112.500 hours
9.3750
5
117.867 hours
9.8222
6
123.234 hours
10.2695
7
128.601 hours
10.7167
8
133.968 hours
11.1640
9
139.335 hours
11.6110
10
144.702 hours
12.0580
Page 23
11
150.000 hours
12.5000
12
157.500 hours
13.1250
13
165.000 hours
13.7500
14
172.500 hours
14.3750
15
180.000 hours
15.0000
16 plus
187.500 hours
15.6250
When an employee is on an approved leave without pay, vacation accrual is
prorated based upon paid hours in the pay period.
4.7.3. Administration of Vacation Leave.
The City Manager, upon the recommendation of the department head, may
advance vacation credits to any permanent regular and permanent part-time
employee.
No employee may accrue more than 250 hours. Vacation accruals will resume
once the employee's accumulated vacation balance falls below the allowable cap
limit.
The time at which an employee may use his/her accrued vacation leave and the
amount to be taken at any one time, shall be determined by employee's
department head with particular regard for the needs of the City but also, insofar
as possible, considering the wishes of the employee.
The Maximum amount of vacation leave that may be taken at any given time shall
be that amount that has accrued to the employee concerned, subject to the
department head's approval. The minimum amount of vacation that may be taken
at any given time shall be one-half (1/2) hour (except that as permitted by law, the
City shall authorize the use of vacation time in smaller increments to coordinate
disability or workers compensation leaves with employee accrued paid time).
Vacation leave granted by the City and used by an employee shall be deducted
from the employee's vacation leave bank.
In the event that one or more City holidays falls within an annual vacation leave,
such holiday shall not be charged as vacation leave, and the vacation leave shall
be extended accordingly.
Employees who terminate their employment shall be paid in a lump sum for all
accrued vacation leave earned prior to the effective date of termination.
Employees may request a temporary waiver of their vacation cap, should a work
related injury prevent use of vacation time. Such requests would need to be in
writing, submitted through the department, and receive the approval of the
Department Director and the City Manager.
Page 24
4.7.4. Vacation Cash In.
One time Vacation Cash In: 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 payment will be made with the second pay check in
February 2007. This one time buy -down will bring employees under the vacation
cap as defined in Section 4.7.3, allowing for additional accrual time. The one time
payment will not affect the employee's ability to participate in the annual vacation
cash in for 2007 and subsequent years.
An employee, who has taken at least ten (10) days vacation in the preceding
twelve (12) months, may request in any fiscal year that accrued vacation, not to
exceed seven (7) days, be converted to cash payments and the request may be
granted at the discretion of the City Manager. Employees cannot cash in more
than seven (7) days of vacation in any one twelve (12) month period.
ARTICLE 4.8. HOLIDAYS
4.8.1. Paid Holidays.
All employees who are required to work on a day designated as an authorized
holiday, other than a day on which an election is held throughout the state, shall
be paid at the applicable rate of pay for the number of hours actually worked.
When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday
holiday or the Monday following a Sunday holiday shall be deemed to be a holiday
in lieu of the day observed.
The following holidays will be observed:
January 1st:
New Year's Day
The third Monday in January:
Martin Luther King Day
The third Monday in February:
Washington's Birthday
March 31St
Cesar Chavez Day
The last Monday in May:
Memorial Day
July 4th:
Independence Day
The first Monday in September:
Labor Day
November 11:
Veteran's Day
The fourth Thursday of November:
Thanksgiving Day
The fourth Friday of November:
Day after Thanksgiving
December 25th:
Christmas Day
In addition to designated holidays, employees in this Unit receive two (2) floating
holidays. Floating holidays not used are added to employee's vacation balance.
Page 25
ARTICLE 4.9. OTHER LEAVES
4.9.1. 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 within the State and up to five (5) days
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 department head as part of the
request for bereavement leave.
4.9.2. 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 appointing authority and the department head an
opportunity, within the limits of military regulations, to determine when such leave
shall be taken.
4.9.3. Leave of Absence Without Pay.
Leave of absence without pay may be granted by the City Manager upon the
written request of the employee. Accrued vacation leave must be exhausted prior
to the granting of leave without pay.
4.9.4. 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 26
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.
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.
Note: Refer to 4.6.3. for qualifications regarding use of accrued sick leave.
4.9.5. 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 Appointing Authority and remits to the
City all per diem service fees except mileage or subsistence allowance within thirty
days from the termination of such duty.
4.9.6. Safety Holiday.
A Safety Holiday Incentive Program is established for maintenance employees.
Employees will be placed in one of the following units. The units are: (1) Park
Division; (2) Street Division; (3) Sewer Division; (4) Garage Division; (5) Building
Maintenance Division; or (6) Community Services Custodians. For part-time
employees in these units who are eligible for benefits, any safety holiday will be
pro -rated. If all employees of a designated unit complete six (6) months without a
work-related injury or illness resulting in one full day of lost time, a Safety Holiday
will be granted to all employees of that unit, with specific time off granted with prior
Supervisory approval. Note: Long term, consecutive days of lost time shall be
considered as one incident (long term for this purpose shall be defined as 14 days
or more).
4.9.7. Family Medical Leave.
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 employee's department head 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
appropriate and requested. Sick leave usage is to be consistent with 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.
Page 27
An eligible employee may use family medical leave:
• For the birth or placement of a child for adoption or foster care;
• To care for an immediate family member (spouse, child or parent) with a
serious health condition; or,
• To take medical leave when the employee is unable to work because of
a serious health condition.
An employee shall be entitled to twelve (12) weeks of leave of absence, which
need not be consecutive, subject to the conditions indicated herein and the law.
If the employee's spouse is employed by the City, the total time allowed for family
medical leave shall be twelve (12) weeks in any one calendar year.
The City shall continue to provide paid coverage of health benefits for the duration
of the approved leave of absence.
4.9.8. Personal Leave — Supervisory Unit
Up to two (2) days of Personal Leave per fiscal year shall be granted to
Supervisory Unit employees, with prior supervisory approval. Employees must
submit leave requests two (2) weeks in advance. Unused Personal Leave does
not carry over and cannot be cashed out.
4.9.9. Catastrophic Leave
Catastrophic leave shall be in accordance with City Catastrophic Leave Policy
140.18, upon effective date of City adoption. The City agrees not to make
changes to the Catastrophic Leave policy during the term of this agreement unless
the Union consents to midterm negotiations on this subject.
CHAPTER 5. TERMS AND CONDITIONS
ARTICLE 5.1. WORK WEEK
The WORK WEEK will reflect a thirty-seven and one-half (37 1/2) hour work week
and a work day of seven and one-half (7 1/2) hours for all represented job classes
in this Agreement and all accruals and usages in the contract will reflect a seven
and one-half (7 1/2) hour work day. Nothing herein will prevent a Department
Head, in his/her discretion, from adopting a flexible schedule or variable workweek
by either meeting or conferring with the Union or the consent of the affected
employee(s).
ARTICLE 5.2. OVERTIME
Shall mean actual time authorized and worked beyond the regular workweek or
workday. A work or duty week shall be defined as seven (7) consecutive calendar
Page 28
days. Overtime is compensable to the nearest half-hour, and must have prior
authorization and approval of the Department Head.
Each Department Head shall have the authority to designate certain job
classifications for mandatory overtime in emergencies. In the event the
Department Head determines that there is a staffing need during an emergency,
the Department Head shall first make a reasonable effort to seek qualified
volunteers to work overtime during the emergency. If the Department Head
determines that there are an insufficient number of volunteers, or if time
constraints prevent the soliciting of volunteers, the Department Head may order
employees in the designated classifications (may vary depending on the
emergency but primarily relates to job classifications in the Street Division of
Public Works) to report to work in overtime status to address the emergency.
ARTICLE 5.3. COMPENSATORY TIME POLICY
With the department head's approval, compensatory time, in lieu of overtime pay,
may be taken subject to the following rules:
5.3.1. Accrual Limit.
Employees may accrue up to 115 hours of compensatory time after which said
employee must accept overtime pay in lieu of accruing additional compensatory
time.
5.3.2. Overtime Rate.
Employees who work overtime may be paid for it at the rate of time and one-half or
may accrue compensatory time at a rate of time and one-half subject to the
limitations in 5.3.1. Employees who elect compensatory time must take the time
off, preferably within the quarter during which it was earned, and shall not be paid
for it.
ARTICLE 5.4. STANDBY OR CALL-BACK DUTY
5.4.1. Compensation When Assigned to Standby Duty.
Miscellaneous and Supervisory employees assigned standby duty on Saturday,
Sunday or a day designated as an authorized holiday by the City Council shall be
compensated at the rate of six (6) hours of their base salary for each day of
standby duty. To identify employee eligible for standby covering holidays, the City
and Union acknowledge standby eligibility shall rotate at 12:00 a.m. (midnight) on
each Wednesday of the week.
Weekend duty will start at 12:00 midnight on Friday, and will end 12:00 a.m. on
Monday. On holidays during the week, duty will start at 12:00 a.m. on the
designed holiday and will end at 12:00 a.m. on the next regular work day, or the
employee will receive compensatory time off on a straight time basis. At the time
Page 29
of accrual, the employee will designate either salary or compensatory time.
Compensatory time off must be approved in accordance with normal leave request
procedures.
5.4.2. Minimum Payment for Call Out.
Employees on standby duty who are called out and required to work, shall be paid
a minimum of two (2) hours at the rate of time and one half, for each time they are
called out.
5.4.3. Compensation When Not Assigned to Call Back Duty.
When an employee not assigned to standby duty is called back to duty, the
employee shall receive compensation for a minimum of four (4) hours.
5.4.4. Standby Residency and Pagers.
The residency requirement for standby personnel shall include those individuals
who live within a thirty (30) minute travel distance from the Corporation Yard.
Pagers shall be provided to those persons on standby.
A Miscellaneous or Supervisory Unit employee within the residency area shall be
considered eligible for standby duty from 12:00 midnight Wednesday to the
following Wednesday at 12:00 midnight. This includes all holidays that may fall
within that period. At the end of this one-week period, the standby is then
assigned to the next employee on the list. The following is the standby list
selection:
As an employee's turn comes up through regular rotation, the employee
must observe the following rules:
a. If the employee is sick, or has scheduled time off, standby will move
to the next person on the list.
b. The employee scheduled for standby must pick up the beeper and
keys from the Street Maintenance Supervisor at 3:00 p.m. on the day
before the standby study begins.
It is noted this list was originally established by lottery; new employees are
placed at the bottom of the list.
ARTICLE 5.5. TRANSFERS / REASSIGNMENTS
5.5.1. Types of Transfers.
Transfers may be within the same department (intra -departmental) or between
departments (inter -departmental). The requirements for each are as follows:
a. Intra -departmental transfers.
The Appointing Authority shall have the authority to transfer an
employee from a position in one division of a department to a
Page 30
position in the same or similar classification with the same salary
range, in the same division or to another division of the same
department. (at any time and for any duration).
b. Inter -departmental transfers.
An employee may transfer from a position in one (1) department to a
position in the same or similar classification in another department,
provided the consent of the two Appointing Authorities and the City
Manager is obtained.
C. Voluntary Transfers.
An employee may make a written request for transfer to the Human
Resources Manager to a position in the same or similar classification
with the same salary range. Such a transfer may be made on the
recommendation of the affected Department Head(s) and the
approval of the City Manager.
5.5.2. Minimum Qualifications.
Any persons transferred to a different position shall possess the minimum
qualifications for the position.
5.5.3. Transfer Procedures.
The City Manager may authorize the transfer of an employee from one position to
another of the same or comparable class of work and where the same general
type of examination is given for entrance to such a position.
Transfers from one department to another department having a different
jurisdiction or different function shall be done only with the consent of the
Department Heads, involved, unless such a transfer is ordered by the City
Manager for purpose of economy or efficiency.
Any person transferred to a different position shall possess the minimum
qualifications for the position.
Employees who have completed their initial probation may seek voluntary
transfers to positions within the same job class, and/or lower level job classes as
long as the employee meets the minimum qualifications for the position.
Employees seeking transfer should submit a completed application to the Human
Resources Division. As vacancies occur, transfer candidates may receive
consideration along with those on the eligibility list.
Page 31
ARTICLE 5.6. EDUCATION REIMBURSEMENT PROGRAM
5.6.1. Educational Reimbursement Program — Miscellaneous Unit
The Educational Reimbursement is $200/fiscal year, maximum, with the City's
payment not to exceed 75% of the cost. Educational Reimbursement is available
to employees who satisfactorily (grade of C or better, Pass or complete) complete
a course or courses that are pre -determined to be job related and/or that will assist
the employee to prepare for career advancement in his/her field. To be eligible,
employees must have completed probation at the time of the reimbursement,
which is made at the end of the semester.
The Educational Reimbursement Program will include reimbursement for
professional membership dues for work-related organizations for employees in the
"Administrative" or "Professional" sections of the Miscellaneous Bargaining Unit.
Prior supervisory approval is necessary to be eligible for reimbursement. The total
reimbursable amount remains at $200/fiscal year.
5.6.2. Educational Reimbursement Program — Supervisory Unit
The Educational Reimbursement Program is $225 per fiscal year. This
reimbursement is available to employees who have satisfactorily (grade of C or
better, Pass or Complete) completed a course or courses that are predetermined
to be job-related and/or that will assist the employee to prepare for career
advancement in his/her field. To be eligible, employees must have completed
probation at the time of the reimbursement, which is made at the end of the
semester.
The Educational Reimbursement Program will accommodate reimbursement of up
to $100 per fiscal year for professional membership dues for work-related
organizations for employees in the "Administrative", "Professional", or "Library"
sections of the Supervisory Bargaining Unit. Prior supervisory approval is
necessary to be eligible for reimbursement. The total reimbursable amount
remains at $225 per fiscal year.
ARTICLE 5.7. MECHANIC TOOL REIMBURSEMENT
The City will provide up to $200/fiscal year tool reimbursement to Vehicle
Equipment Mechanics, the Equipment Service Attendant, and the Shop and
Equipment Supervisor for tools purchased for use in the course of City work.
Employees must submit proof of payment for purchase prior to reimbursement.
ARTICLE 5.8. UNIFORM ALLOWANCE
5.8.1. Sewer and Garage Employees Uniform Maintenance Program.
Uniform shirts, pants and coveralls will be provided and laundered for the
maintenance employees of the Sewer and Garage work units.
Page 32
5.8.2. Uniform Allowance.
Maintenance employees in Parks, Streets, Building Maintenance and Community
Services who must wear uniforms shall receive a uniform allowance in the amount
off $157.50 at the completion of each six (6) months of service ending June 30th
and December 31St. A pro -ration at the rate of $26.25/month may be given with
the recommendation of the department head and the approval of the City
Manager. Uniforms and gear must be in accordance with the departmental dress
code and safety requirements.
Parking lot attendants and parking maintenance staff will be provided with shirts,
hats and jackets by the City if they are required by the City to wear them. Parking
Maintenance staff, if required to wear a uniform which is not provided by the City,
shall receive an annual uniform allowance of $445 per year, paid in two
installments, in June and December.
Parking Enforcement Officers (PEOs) shall receive an annual uniform allowance of
$445 per year, paid in two installments, in June and December. PEOs shall have
utility and rain gear provided by the City.
Note: While the 6 month periods end June 30th and December 31St the actual
payments of the uniform allowance are provided on the first paycheck in June and
the first paycheck in December.
A safety shoe allowance of $130.00/year will be provided to City Hall employees
who have field assignments in or about construction sites or have related activities
and to all Corporation Yard maintenance employees and Custodians.
The allowance for boots for Sewers and Garage maintenance employees shall be
$130.00/year. Payment shall be made on the first paycheck in December.
5.8.3. Uniform Jacket Cleaning Allowance.
Maintenance employees of the Sewer work unit, including the Sewer Maintenance
Supervisor will receive a work jacket cleaning allowance of $60.00 at the
completion of each six (6) months of service ending June 30th and December 31St
A pro -ration of $10.00/month may be given with the recommendation of the
department head and the approval of the City Manager.
Note: While the 6 month periods end June 30th and December 31St the actual
payments of the uniform jacket cleaning allowance are provided on the first
paycheck in June and the first paycheck in December.
ARTICLE 5.9. SAFETY
The City of San Rafael is committed to providing a safe and healthy place to work.
The City shall furnish safety devices and safeguards, and shall adopt and use
Page 33
methods and processes adequate to ensure that the work place is safe and
healthy. Employees are expected to obey safety rules and make proper use of
safety gear and equipment. The City's safety policies and procedures shall
comply with all applicable state laws related to a safe work environment.
5.9.1. Hazardous Materials.
Maintenance employees in the Union will be provided with the necessary training
associated with what is termed first responder awareness level. First responders
at this level (awareness only) are those who are likely to witness or discover a
hazardous substance release and who have been trained to initiate an emergency
response operations level. "Awareness" individuals take no action beyond
notifying the designated authorities of the release. The on -duty Fire Battalion
Chief is the Incident Commander in the event of a hazardous material release.
It is understood and agreed by both parties that maintenance employees in this
Union do not have any responsibility to clean up, mitigate or otherwise dispose of
hazardous materials. The Fire Department personnel and/or contract personnel
have the direct responsibility of dealing with hazardous materials.
Maintenance employees of this Union do have direct responsibility to handle
(clean up, mitigate, transport, dispose of, etc.) petroleum products such as diesel
fuel gasoline, drain oil, and the like.
ARTICLE 5.10. MISCELLANEOUS
5.10.1. Confidential Nature of Personnel Records.
All personnel records and files and examination materials are confidential. The
Human Resources Manager shall take all necessary steps to protect the
confidentiality of those materials. Disclosure of such records shall be governed by
the Public Records Act, Government Code Sections 6250, et. seq. Individual
employees may review their official personnel file maintained by the Personnel
Office and/or respective appointing authority. With the written consent of the
employee, the authorized representative of the recognized employee organization
may also review that personnel file.
5.10.2. Confidential Nature of Medical Records.
All medical records and files are the property of the City of San Rafael. These
confidential records and files are to be maintained in a file separate from the
employee's personnel file in the Human Resources Division. Disclosure of such
records shall be governed by the Public Records Act, Government Code, Section
6250, et. seq.
5.10.3. Outside Employment.
Outside Employment shall be in accordance with City Outside Employment Policy
No. 140.07, upon effective date of City adoption.
Page 34
5.10.4. Gratuities/Solicitation of Contributions.
Shall be governed by the City's Personnel Rules and Regulations.
5.10.5. Return of City Equipment.
Upon termination of employment, all tools, equipment, and other City property
assigned to an employee shall be returned.
5.10.6. Political Activity.
The political activity of City employees shall comply with pertinent provisions of
State and Federal Law.
5.10.7. Employment of Relatives.
Shall be governed by the City's Personnel Rules and Regulations.
5.10.8. Use of City Vehicles.
Public Works Supervisors, at the direction of the department head, will be allowed
to take a City vehicle home in emergency conditions.
5.10.9. Labor/Management Meetings.
During the term of the Agreement, the City and the Union agree that consultation
meetings may contribute to improved employer-employee relations. Issues relating
to the usage of volunteers and temporary/part-time/seasonal employees,
promotional opportunities and the implementation of safety programs will serve as
a basis for initial agenda items to be discussed and acted upon.
The committee shall be comprised of three (3) representatives from the
Miscellaneous and Supervisory Units and three (3) from City Management as well
as the SEIU Field Representative and the Director of Personnel. The parties
agree that committee members may change depending on the subject matter.
Meetings may be requested by either party. The party requesting the meeting
shall submit a proposed agenda and the receiving party shall acknowledge and
confirm the date, time and location of the requested meeting. It is intended that
the subject matter will not include issues subject to Article 6.4 Grievance
Procedures.
5.10.10. Contract Orientation Work Sessions.
The City and the Union agree that the individuals having responsibility for the
enforcement of the Agreement, Union Stewards and Department
Heads/Supervisors shall participate in an Annual Contract Orientation Work
Session for the purpose of obtaining a better understanding of the provisions of
the contract. These work sessions shall be held on City time and facilities.
Page 35
5.10.11. Personnel Rules and Regulations.
The Union agrees to accept the revision to the City's Personnel Rules and
Regulations dated April 20, 1991.
5.10.12. Drug and Alcohol Policy (Non -DOT)
The City and the Union agree to the non -DOT general drug and alcohol policy. A
copy is available with the City's policies. (Safety sensitive job classes should refer
to the DOT Drug and Alcohol Policy previous agreed to by the parties for the
specifics of that policy).
CHAPTER 6. PROCEDURES
ARTICLE 6.1. DEMOTION AND SUSPENSION
6.1.1. Demotion.
The Appointing Authority may demote an employee when the following occurs:
(a) The employee FAILS to perform his/her required duties.
(b) 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
Appointing Authority, written notice of demotion shall be provided to
an employee at least ten (10) working days before the effective date
of the demotion, and a copy filed with the Human Resources
Division.
Withholding a salary step increase, or withdrawing a merit step increase within or
above the salary range of the employee's position shall not be deemed a
demotion.
Disciplinary demotion action shall be in accordance with Article 6.3, "Disciplinary
Action."
6.1.2. Suspension.
The Appointing Authority may suspend an employee from a position at any time
for a disciplinary purpose. Intended suspension action shall be reported
immediately to the Human Resources Manager, and shall be taken in accordance
with Article 6.3, "Disciplinary Action".
ARTICLE 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
Page 36
service, a written resignation stating the effective date and reason for leaving. A
copy of the resignation shall be forwarded to the Appointing Authority and Human
Resources Division.
6.2.2. Termination Layoff.
The Appointing Authority may terminate an employee because of changes in
duties or organization, abolishment of position, shortage of work or funds, or
completion of work for which employment was made.
6.2.3. Termination -Disciplinary Action.
An employee may be terminated at any time for disciplinary action, as provided in
Article 6.3, "Disciplinary Action."
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.
ARTICLE 6.3. DISCIPLINARY ACTION
6.3.1. Right to Discipline and Discharge.
Upon completion of the designated probationary period an employee shall be
designated as a non -probationary employee and the City shall have the right to
discharge or discipline any such employee for dishonesty, insubordination,
drunkenness, incompetence, negligence, failure to perform work as required or to
observe the Department's safety rules and regulations or for engaging during the
term of this Memorandum of Understanding, in strikes, individual or group
slowdowns or work stoppages, or for violating or ordering the violation of the
Memorandum of Understanding. The City shall use progressive disciplinary steps
(i.e., reprimand, suspension, demotion, discharge) unless the violation is such as
to justify termination. Disciplinary action shall mean discharge/dismissal,
demotion, reduction in salary, and suspension resulting in loss of pay.
In addition, the City may discipline or discharge an employee for the following:
Fraud in securing appointment; negligence of duty; violation of safety rules;
unacceptable attendance record including tardiness, overstaying lunch or break
periods; possession, distribution or under the influence of alcoholic beverages,
non-prescription or unauthorized narcotics or dangerous drugs during working
hours; inability, unwillingness, refusal or failure to perform work as assigned,
required or directed; unauthorized soliciting on City property or time; conviction of
Page 37
a felony or conviction of a misdemeanor involving moral turpitude; unacceptable
behavior toward (mistreatment of discourteousness to) the general public or fellow
employees or officers of the City; falsifying employment application materials, time
reports, records, or payroll documents or other City records; misuse of City
property; violation of any of the provisions of these working rules and regulations
or departmental rules and regulations; disorderly conduct, participation in fights,
horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of
any City policy or rules and regulations over an extended period of time in which a
specific incident in and of itself would not warrant disciplinary action, however, the
cumulative effect would warrant such action; failure to perform to an acceptable
level of work quality and quantity; insubordination; other acts inimicable to the
public service; inability or refusal to provide medical statement on cause of illness
or disability.
6.3.2. Preliminary Notice.
A non -probationary employee shall receive a preliminary written notice from the
employee's Supervisor of any proposed disciplinary action that involves the loss of
pay. The notice must contain a specific statement of charges or grounds upon
which the proposed disciplinary action is based and the date the disciplinary action
will be effective.
Any known written materials, reports or documents upon which the disciplinary
action is based must be attached to the notice.
Upon the receipt of the notice, the employee shall have five (5) days to appeal the
matter in writing to Step 2 of the Grievance Procedure. If a written appeal is filed,
no disciplinary action shall be imposed until the Department Head has conducted
a hearing with the employee and employee's representative present and having
heard the response of the employee.
If no written appeal is filed within five (5) days, the employee shall be deemed to
have waived his right to proceed to Step 4 of the Grievance Procedure.
6.3.3. Disciplinary Action and Appeal.
After hearing the response of the employee, the Department Head may order that
the proposed disciplinary action or modification thereof be imposed. Such
notification shall be issued in writing within 10 days of the meeting.
If the employee elects to appeal the Department Head action, he/she may request
a confidential settlement conference with the City Manager. Participation in the
confidential settlement conference shall be voluntary. If the matter is still
unresolved after the confidential settlement conference, the employee shall notify
the City within ten (10) days that the matter is appealed to Step 4 (Arbitration) of
Page 38
the Grievance Procedure. The matter shall then proceed in accordance with the
Grievance Procedure.
6.3.4. Sexual/Racial Harassment.
Sexual/Racial harassment of one employee by another is cause for disciplinary
action including the possibility of immediate discharge.
Sexual harassment is defined as including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the purpose or effect of affecting
employment decisions concerning an individual, or unreasonably interfering with
an individual's work performance, or creating an intimidating and hostile working
environment.
Racial harassment is defined as including but not limited to verbal, or physical
conduct of a racial nature, when such conduct has the purpose or effect of
affecting employment decisions concerning an individual, or unreasonably
interfering with an individual's work performance, or creating an intimidating and
hostile working environment.
ARTICLE 6.4. GRIEVANCE PROCEDURE.
6.4.1. Definitions.
(1) Grievance is a dispute, which involves the interpretation or
application of any provision of this Memorandum of Understanding.
All ordinances, resolutions, rules and regulations, which are not
specifically covered by the provisions of this Memorandum shall not
be subject to the Grievance Procedure.
(2) Day shall mean any that the City Office is open for business,
excluding Saturdays, Sundays and the holidays recognized by the
City.
(3) Grievant may be an individual employee or a group of employees or
the Union on the behalf of a group of employees or the Union on its
own behalf on matters involving the City and Union relationship.
(4) Time limits begin with the day following the event causing the
grievance or the day following receipt of a grievance decision.
6.4.2. Procedure.
Step 1.
Within seven (7) days of when the grievant knew or should have known of
the act or omission causing the grievance the grievant shall present either
in writing or verbally a clear and concise statement of the grievance to the
immediate supervisor.
Page 39
Within five (5) days thereafter the immediate supervisor shall investigate
and respond to the allegations of the grievant.
Step 2.
If the grievant is not satisfied with the resolution at Step 1 the grievant must
reduce the grievance to writing and present it to the Department Head
within five (5) days.
The written grievance shall contain a statement of facts about the nature of
the grievance, and shall identify the specific provisions of this Memorandum
of Understanding alleged to be violated, applicable times, places and
names of those involved, the remedy or relief requested, and shall be
signed by the grievant.
The Department Head shall confer with the grievant and within ten (10)
days respond to the allegations in writing.
Step 3.
If the grievant is not satisfied with the resolution at Step 2, the grievant shall
within five (5) days appeal the matter to the City Manager.
The City Manager shall investigate the matter, conduct a hearing if the City
Manager deems it appropriate and within ten (10) days, thereafter, respond
to the allegations in writing.
Step 4.
If the grievance remains unresolved after Step 3, the Union may, by written
notice to the City Human Resources Division within ten (10) days after the
receipt of the response in Step 3, notify the City that the Union wishes to
appeal the grievance to final and binding arbitration. The parties shall
attempt to agree upon an arbitrator. If no agreement is reached, they shall
request a list from the State Conciliation Service of nine (9) names. The
selection process will include a review of the arbitrator's availability for the
hearing.
Each party shall then alternately strike a name until only one (1) name
remains, said person to be the arbitrator. The order of striking shall be
determined by the flip of a coin.
6.4.3. Arbitration.
The arbitrator shall be empowered to conduct a hearing and to hear and receive
evidence presented by the parties. The hearing should be held within 60 calendar
days of the selection of the arbitrator. The hearing shall be informal and need not
be conducted according to technical rules of evidence. Repetitious evidence may
be excluded and oral evidence shall be taken only under oath. The arbitrator shall
determine what evidence is relevant and pertinent, as well as any procedural
Page 40
matters, and he/she may call, recall and examine witnesses, as he/she deems
proper.
The burden of proof shall be upon the Union in grievance matters and upon the
City in disciplinary/discharge matters.
After the conclusion of any hearing and the submission of any post hearing
evidence or briefs agreed upon by the parties, the arbitrator shall render a written
decision which shall be final and binding upon the City, the Union and any
employee(s) involved in the grievance or disciplinary matter.
The arbitrator shall not be empowered to add to, subtract from, or in any way
modify or alter any provision of this Memorandum of Understanding. The
arbitrator shall only determine whether a grievance exists in the manner alleged by
the grievant, and what the proper remedy, if any, shall be, or in the case of
disciplinary/discharge matter whether the City allegations are accurate and the
appropriateness of the disciplinary penalty.
The fees and expenses of the arbitrator shall be shared equally by the Union and
the City. All other expenses shall be borne by the party incurring them. The cost
of the services of court reporter shall be borne by the requesting party unless there
is a mutual agreement to share the cost or unless the arbitrator so requests. Then
the costs will be shared equally.
6.4.4. General Provisions.
(1) Employees who participate in the Grievance Procedure, by filing a
grievance or acting, as a witness on the behalf of either party shall be free
from discrimination by either the Union or the City.
(2) A grievant has the right to be represented at each stage of the procedure,
to cross examine witnesses, and have access to all information regarding
the basis of the grievance upon which the City relies in making its
determinations.
(3) If the City management fails to respond within the specified time limits, the
grievance shall, at the request of the Union, be moved to the next step of
the procedure. If the Union or a grievant fails to process or appeal a
grievance within the specified time limits, the matter shall be deemed
withdrawn with prejudice. The parties may by mutual agreement waive the
steps in the procedure.
(4) If a hearing is held during work hours of employee witnesses, such
employees shall be released from duties without loss of pay or benefits to
appear at the hearing. Witnesses requested by the parties shall be
compelled to attend said hearings.
Page 41
(5) The Human Resources DivisionHuman Resources Division shall act as the
central repository for all grievances.
(6) Time limits contained herein may be extended by mutual agreement of the
parties. Absence for bona fide reasons by a grievant, the Union
representative or any management official involved in responding to the
grievance shall automatically extend the time limits by the same number of
days of absence.
ARTICLE 6.5. POSITION RECLASSIFICATION PROCEDURE
The process by which an individual position may be audited to review the
appropriateness of its classification is provided in this Article.
6.5.1. Purpose.
This administrative procedure shall establish consistent guidelines for the creation
and/or review of a position's job classification.
6.5.2. Policy.
The City of San Rafael seeks to maintain a classification system and process
whereby all positions are accurately classified on the basis of current and ongoing
job responsibilities officially assigned to said position(s).
6.5.3. Creation of New Position.
The Appointing Authority or their designee may during the budget process request
the creation of a new job classification by:
1. Completion of prescribed personnel form(s) and a position description
questionnaire form.
2. Completed forms shall be submitted to the City of San Rafael's Human
Resources Division.
3. Human Resources Division staff shall within 60 calendar days of receipt
of the forms complete a formal audit of the proposed job class and
prepare a written report.
4. The written report shall be submitted to the City Manager and the City
Council for final approval.
5. Creation of a new job classification shall be effective with the start of
the new fiscal year.
6.5.4. Reclassification.
The Appointing Authority or their designee or an incumbent of a position or the
Union on behalf of an employee may request, in writing, a classification review.
This classification review may be requested if the position has not been reviewed
within the previous twelve (12) months and either permanent and substantial
Page 42
changes have been made in the duties and responsibilities assigned to the
position or there is evidence that the majority (50% or more) of the work being
performed is not appropriate for the position's current classification.
All requests for reclassification must be submitted to the Human
Resources Division on prescribed personnel form(s) by the
appointing authority. Reclassification requests must be
accompanied by a current job description approved by the position's
immediate supervisor and appointing authority.
2. Employee initiated reclassification requests must first be directed to
the employee's Appointing Authority. The appointing authority shall
forward the employee's request to the Human Resources Manager
within ten (10) days of receipt.
3. The Human Resources Manager shall ensure the review (audit) of
the employee's position is completed within sixty (60) calendar days
of receipt of the request in the Human Resources Division.
4. Based upon the analysis and evaluation of a position, the Human
Resources Division reviewer may recommend that the position be
sustained in its current class or be reclassified (up or down) to the
proper classification based upon the assigned work. The City
Manager or their designee shall review all reclassification
recommendations made by the Human Resources Division.
5. Within ten (10) days of receipt of the written audit decision the
affected employee(s) may, in writing, submit a request for review of
this decision to the City Manager. This request for review must show
substantial error and/or omission on the part of the auditor. The City
Manager may render a decision on the appeal on the basis of the
written material or may interview the involved parties to discuss the
specific error or omission prior to rendering a decision.
6. The City Manager shall have final decision-making authority on all
reclassifications.
7. Reclassifications shall be effective the first of the month following
final approval of the action. Any changes of pay as a result of the
reallocation shall be in accordance with the City's Personnel Rules
and Regulations in effect at the time.
ARTICLE 6.6. FURLOUGH PROGRAM
Both the City of San Rafael and SEIU 949 recognize the unpredictable shifts in
funding that affect City finances. Through this recognition and in a cooperative
spirit the City of San Rafael and SEIU 949 have worked expeditiously on the
development of a Furlough Program. This Agreement does not mean the City will
necessarily implement furloughs; but in the event it is necessary to implement due
Page 43
to continued economic problems in the City of San Rafael, the City shall meet and
consult with the Union at least 60 days prior to implementation of the Furlough
Program. The procedures for this Furlough Program shall provide for both
Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein
described as MTO).
6.6.1. Voluntary Time Off (VTO).
The needs of the City and the respective departments (as determined by the
Department Head and City Manager) will need to be considered in the actual
granting of VTO. Any VTO time granted and the resulting savings will have a
corresponding impact on the time needed through MTO.
1. An employee's VTO time would count in determining how many
hours of MTO an employee needed to take during the fiscal year.
2. An employee selecting VTO would receive one half hour of furlough
induced Personal Leave time off for every hour of VTO taken not to
exceed the number of furlough induced Personal Leave time off an
employee scheduled for MTO would receive (establishes a maximum
cap of 5%). This furlough induced Personal Leave time is to be
taken as described in 6.6.2. (4.b.).
3. Employees who take VTO at a time other than when MTO is taken
by other employees will have to take vacation leave, compensatory
time off or leave without pay if the MTO results in the closure of the
department.
6.6.2. Mandatory Time Off (MTO).
MTO will be taken by the employee during the MTO period when feasible in their
respective department (as determined by the Department Head and City Manager)
and after consultation with the union. The City will attempt to schedule MTO time
in blocks of days (between Xmas and New Years) or individual days next to
scheduled holidays and/or weekends.
1. Employees may not take paid vacation time in lieu of designated
MTO time.
2. MTO time shall be considered time in pay status for the accrual of
leave and eligibility for holidays. MTO time will not impact health,
dental and life insurance benefits. At this time MTO time will impact
Marin County retirement contributions; but if the Marin County
Retirement System changes its policy on this, the City will, effective
the first of the month following notice from the Marin County
Retirement System, make the necessary change in the program's
administration to correspond with the change in the policy. Any
employee who notifies the City no later than 07-30-93 of their
Page 44
retirement date, and retires from the Marin County Retirement
System during FY 93-94, shall be exempted from the MTO
requirements. If said employee did not retire during FY 93-94 as
stated, said employee would be docked in pay an amount equivalent
to the number of MTO hours taken by other represented employees.
3. MTO time shall apply toward time in service for step increases,
completion of probation, and related service credit.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent
(5%) reduction in work hours/pay for the fiscal year. For each
MTO hour deducted, the involved employee shall be credited
with a one half hour added to a furlough induced Personal
Leave balance.
b. Personal Leave accrued through the MTO Program may be
taken beginning July 1, following fiscal year, with supervisory
approval. Furlough induced Personal Leave has no cash
value upon termination of employment. If an employee is laid
off before having the opportunity to take unused furlough
induced Personal Leave, said employee would be eligible to
take the unused furlough induced Personal leave during the
thirty -day layoff notice period.
C. Should the City of San Rafael experience a financial windfall
during the fiscal year that furloughs are implemented, the City
and the Union agree to re -open negotiations on this Furlough
Plan.
CHAPTER 7. MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, all rights of
management which have not been expressly abridged by specific provision of this
Memorandum of Understanding or by law to manage the City, as such rights
existed prior to the execution of this Memorandum of Understanding. The sole
and exclusive rights of management, as they are not abridged by this Agreement
or by law, shall include, but not be limited to, the following rights: To manage the
City generally and to determine the issues of policy; To determine the existence of
facts which are the basis of the management decision; To determine the necessity
of any organization or any service or activity conducted by the City and expand or
diminish services; To determine the nature, manner, means, technology and
extent of services to be provided to the public; Methods of financing; Types of
equipment or technology to be used; 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; To determine and change the number of
locations, re -locations and types of operations, processes and materials to be
Page 45
used in carrying out all City functions including, but not limited to, the right (after
effect bargaining) to contract for or subcontract any work or operation of the City;
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; To relieve employees from duties for lack of work or other legitimate
reasons; To discharge, suspend, demote or otherwise discipline employees for
proper cause in accordance with the provisions and procedures set forth in City
Personnel Rules and Regulations and this M.O.U; To determine job classifications
and to reclassify employees; To hire, transfer, promote and demote employees in
accordance with this Memorandum of Understanding and the City's Rules and
Regulations; To determine policies, procedures and standards for selection,
training and promotion of employees; To establish and modify employee and
organizational performance and productivity standards and programs including but
not limited to, quality and quantity standards; and to require compliance therewith;
To maintain order and efficiency in its facilities and operations; 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; To take any and all
necessary action to carry out the mission of the City in emergencies.
The City and the Union agree and understand that if, in the exercise of any of the
rights set forth above, the effect of said exercise of rights by the City impacts an
area within the scope of representation as set forth in the Meyers/Milias/Brown
Act, case law interpreting said acts, and/or Federal law, the City shall have the
duty to meet and confer with the Union regarding the impact of its
decision/exercise of rights.
CHAPTER 8. REDUCTION IN FORCE
ARTICLE 8.1. AUTHORITY
The Appointing Authority may lay off, without prejudice, any regular employee
because of lack of work or funds, or organizational alterations, or for reasons of
economy or organizational efficiency.
ARTICLE 8.2. NOTICE
Regular employees designated for layoff or demotion shall be notified in writing at
least thirty (30) calendar days prior to the anticipated date of termination or
demotion. The employee organization shall also be so notified.
ARTICLE 8.3. ORDER OF LAYOFF
Layoffs and/or reductions in force shall be made by classification. A classification
is defined as a position or number of positions having the same title, job
description and salary. Extra hire employees shall be laid off before permanent
employees in the affected classification. In effecting the preceding order, a part -
Page 46
time permanent employee with more seniority can displace a full time permanent
employee.
ARTICLE 8.4. SENIORITY
If two or more employees within a classification have achieved permanent status,
such employees will be laid off or reduced on the following basis:
a. Seniority within the affected classification will be determinative.
Such seniority shall include time served in higher classification (s).
The computation of seniority for part-time employees will be credited
on a pro rata basis to full time service. Time spent on a City
Manager approved leave of absence without pay does not count
toward seniority.
b. If the seniority of two or more employees in the affected classification
or higher classifications) is equal, departmental seniority shall be
determinative.
C. If all of the above factors are equal, the date regular status in City
service is achieved shall be determinative.
d. If all of the above are equal, date of certification for appointment shall
be determinative.
ARTICLE 8.5. BUMPING RIGHTS
An employee designated to be laid off may bump into a class at the same salary
level for which he or she meets the minimum qualifications, or into the next lower
classification in which such employee has previously held regular status. An
employee who is bumped, shall be laid off in the same manner as an employee
whose position is abolished.
ARTICLE 8.6. TRANSFER RIGHTS
The Human Resources Manager will make every effort to transfer an employee
who is to be affected by a reduction in force to another vacant position for which
such employee may qualify. The length of eligibility for such transfer will be the
period of notification as provided in 8.2, but no longer than the effective date of
such layoff or reduction.
ARTICLE 8.7. RE-EMPLOYMENT
8.7.1. General Guidelines.
Individuals who have been laid off or demoted shall be offered re -appointment to
the same classification in which they held status in the order of seniority in the
classification. Individuals demoted in lieu of reduction in force shall be offered
restoration to the highest class in which they held status and in which there is a
vacancy prior to the appointment of individuals who have been laid off.
Page 47
8.7.2. Right to Re-employment.
Each person who has been laid off or demoted in lieu of a layoff from a position
the person held, shall, in writing, be offered re -appointment in the same
classification should a vacancy occur in the classification within two years after the
layoff or demotion. Prior to being re-employed, the employee must pass a
physical exam administered by a City appointed physician and must pass the
background check administered by the City.
8.7.3. Time Limits.
Should the person not accept the re -appointment within seven (7) calendar days
after the date of the offer, or should the person decline or be unable to begin work
within two weeks after the date of acceptance of the offer, the person shall be
considered unavailable for employment, shall forfeit the right to re-employment
and be removed from the re-employment list.
8.7.4. Availability.
Whenever a person is unavailable for re-employment, the next senior person who
is eligible on the re-employment list shall be offered re-employment.
8.7.5. Probationary Status.
Employees re -appointed under the provisions above will not be required to
complete a new probationary period if they had previously held permanent status
in the classification. Employees who had not completed their probationary period
shall serve the remainder of the probationary period upon re -appointment.
8.7.6. Restoration of Benefits.
Employees restored to previously held positions shall be deemed to have returned
from a leave of absence for the purpose of all rights and benefits legally
permissible. Time not on the payroll will not count as time worked for the
purposes of seniority accrual.
Page 48
ja
Dated
S.E.I.U. Local
Director
Employee Representatives:
'51evc, 91i1
�
Steve
-Egger
- Vim%
Victor Gasser
An Forsythe
Eric Kruse
id Mautdin
Mark Wright
CITY OF SAN RAFAEL
(z 0-"—
L2.4-i�
Donna Williamson
Liebert Cassidy and Whitmore
Lead Negotiator
Nancy Mackie
Interim Assistant City Manager
mero
t to th City Manager
SEIU 949 Miscellaneous & Supervisory Units
MOU Exhibits
July 1, 2006 through June 30, 2009
Exhibit "A":
Exhibit "B"
Exhibit "C"
January 1, 2007
July 1, 2007
July 1, 2008
Salary Schedule
Salary Schedule
Salary Schedule
Exhibit "D" Job Class Benchmark Linkage
SEIU 949
SALARY SCHEDULE
AS OF JANUARY 1, 2007
4%
Salary
Grou Grade
Position
A
B
C
D
E
SEIU
7241
ACCOUNTANT I
$4,445
$4,668
$4,900
$5,146
$5,403
SEIU
7240
ACCOUNTANT II
$4,671
$4,905
$5,150
$5,407
$5,677
SEIU
7200
ACCOUNTING ASSISTANT
$3,225
$3,385
$3,555
$3,733
$3,919
SEIU
7201
ACCOUNTING ASSISTANT II
$3,556
$3,734
$3,921
$4,117
$4,322
SEIU
7205
ADMIN ANALYST
$4,436
$4,657
$4,890
$5,134
$5,391
SEIU
7211
ADMIN ASSISTANT 1
$3,509
$3,684
$3,869
$4,061
$4,264
SEIU
7212
ADMIN ASSISTANT II
$3,871
$4,064
$4,267
$4,480
$4,704
SEIU
7213
ADMIN ASSISTANT III
$4,169
$4,378
$4,597
$4,828
$5,068
SEIU
7214
ADMIN ASSISTANT IV
$4,383
$4,601
$4,831
$5,072
$5,326
SEIU
7216
ADMIN ASSISTANT TO THE CC
$4,169
$4,378
$4,597
$4,828
$5,068
SEIU
7210
ASSISTANT PLANNER
$5,018
$5,269
$5,532
$5,808
$6,099
SEIU
7208
ASSOCIATE PLANNER
$5,539
$5,816
$6,107
$6,413
$6,732
SEIU
7217
BUILDING INSPECTOR 1
$4,546
$4,773
$5,012
$5,263
$5,526
SEIU
7218
BUILDING INSPECTOR II
$5,018
$5,269
$5,532
$5,808
$6,099
SEIU
7475
BUILDING TECHNICIAN 1
$3,921
$4,116
$4,322
$4,539
$4,764
SEIU
7220
BUSINESS LICENSE EXAMINER
$3,737
$3,924
$4,120
$4,326
$4,542
SEIU
7221
CHILD CARE BOOKKEEPER 1
$3,225
$3,385
$3,555
$3,733
$3,919
SEIU
7262
CHILD CARE BOOKKEEPER II
$3,556
$3,734
$3,921
$4,117
$4,322
SEIU
7222
CODE ENFORCEMENT OFFICIAL 1
$3,640
$3,822
$4,013
$4,214
$4,425
SEIU
7223
CODE ENFORCEMENT OFFICIAL II
$4,018
$4,219
$4,429
$4,651
$4,884
SEIU
7380
CODE ENFORCEMENT OFFICIAL III
$4,546
$4,773
$5,012
$5,263
$5,526
SEIU
7224
CUSTODIAN
$3,312
$3,478
$3,650
$3,834
$4,025
SEIU
7225
CUSTOMER SERVICE CLERK
$3,225
$3,385
$3,555
$3,733
$3,919
SEIU
7226
DEPUTY CITY CLERK
$4,274
$4,489
$4,712
$4,948
$5,196
SEIU
7231
EQUIPMENT SERVICE ATTENDANT
$3,654
$3,837
$4,028
$4,230
$4,441
SEIU
7232
FACILITY REPAIR SUPERVISOR
$5,283
$5,547
$5,824
$6,115
$6,421
SEIU
7291
FACILITY REPAIR WORKER 1
$3,744
$3,931
$4,128
$4,334
$4,550
SEIU
7233
FACILITY REPAIR WORKER II
$4,131
$4,337
$4,554
$4,782
$5,020
SEIU
FIRE PLANS EXAMINER
$6,054
$6,356
$6,674
$7,008
$7,358
Exhibit A (Page 1 of 3)
SEIU 949
SALARY SCHEDULE
AS OF JANUARY 1, 2007
4%
Salary Grou
Grade
Position
A
B C D E
SEIU
FIRE PREVENTION INSPECTOR 1
$4,914
$5,159
$5,417
$5,688
$5,973
SEIU
7107
FIRE PREVENTION INSPECTOR II
$5,504
$5,778
$6,067
$6,371
$6,689
SEIU
7237
GIS ANALYST
$5,125
$5,423
$5,651
$5,934
$6,231
SEIU
7276
GIS TECHNICIAN
$3,732
$3,919
$4,113
$4,319
$4,535
SEIU
7271
GROUNDS SUPERVISOR
$5,028
$5,280
$5,543
$5,822
$6,112
SEIU
7236
GROUNDSWORKER 1
$3,478
$3,651
$3,836
$4,026
$4,228
SEIU
7238
GROUNDSWORKER II
$3,838
$4,030
$4,231
$4,443
$4,664
SEIU
7239
GROUNDSWORKER III
$4,234
$4,446
$4,668
$4,900
$5,146
SEIU
7243
LIBRARIAN 1
$4,326
$4,544
$4,770
$5,009
$5,259
SEIU
7244
LIBRARIAN II
$4,546
$4,773
$5,012
$5,266
$5,526
SEIU
7246
LIBRARY ASSISTANT 1
$2,843
$2,987
$3,136
$3,292
$3,457
SEIU
7247
LIBRARY ASSISTANT II
$3,218
$3,379
$3,547
$3,724
$3,911
SEIU
7248
LIBRARY CIRCULATION
SUPERVISOR
$4,118
$4,324
$4,541
$4,768
$5,007
SEIU
7292
LITERACY PROGRAM SUPERVISOR
$5,018
$5,269
$5,532
$5,808
$6,099
SEIU
7249
MAIL & STORES CLERK
$3,030
$3,180
$3,339
$3,506
$3,682
SEIU
7255
NETWORK ANALYST
$5,125
$5,423
$5,651
$5,934
$6,231
SEIU
7274
NETWORK SUPPORT TECHNICIAN
$3,921
$4,116
$4,322
$4,539
$4,764
SEIU
7285
OFFICE ASSISTANT 1
$2,885
$3,028 1$3,179
$3,338
$3,505
SEIU
7284
OFFICE ASSISTANT II
$3,260
$3,424
$3,594
$3,774
$3,962
SEIU
7256
PARK EQUIPMENT MECHANIC
$4,340
$4,556
$4,784
$5,023
$5,274
SEIU
7257
PARKING ATTENDANT 1
$1,643
$1,724
$1,811
$1,901
$1,996
SEIU
7275
PARKING ATTENDANT II
$1,812
$1,901
$1,996
$2,096
$2,201
SEIU
6208
PARKING ENFORCEMENT OFFICER
$4,208
$4,400
$4,605
$4,806
$5,033
SEIU
PARKING EQUIPMENT TECHNICIAN
$3,838
$4,030
$4,231
$4,443
$4,664
SEIU
6209
PARKING MAINTENANCE &
COLLECTIONS
$3,838
$4,030
$4,231
$4,443
$4,664
SEIU
7254
PARKING METER REPAIR
TECHNICIAN
$3,838
$4,030
$4,231
$4,443
$4,664
SEIU
6211
PARKING OPERATIONS
SUPERVISOR
$4,383
$4,601
$4,831
$5,072
$5,326
SEIU
7258
PARKS AND GRAFFITI WORKER
$3,478
$3,651
$3,836
$4,026
$4,228
SEIU 17203
PAYROLL TECHNICIAN
$4,557
$4,785 1$5,024
$5,276
$5,539
SEIU 17261
IPLANNING
TECHNICIAN
$3,921
$4,116 1$4,322
$4,539
$4,764
Exhibit A (Page 2 of 3)
SEIU 949
SALARY SCHEDULE
AS OF JANUARY 1, 2007
4%
Exhibit A (Page 3 of 3)
Salary Grou
Grade
Position
A
B
C
D
E
SEIU
7235
PRINT SHOP SUPERVISOR
$4,605
$4,836
$5,077
$5,330
$5,597
SEIU
7234
PRINTING PRESS OPERATOR
$3,777
$3,966
$4,164
$4,373
$4,591
SEIU
7272
PROGRAMMER ANALYST 1
$4,659
$4,892
$5,138
$5,394
$5,664
SEIU
7273
PROGRAMMER ANALYST II
$5,144
$5,401
$5,670
$5,954
$6,251
SEIU
7253
PUBLIC WORKS INSPECTOR
$4,819
$5,061
$5,312
$5,579
$5,857
SEIU
7259
RECREATION CENTER
SUPERVISOR
$4,118
$4,324
$4,541
$4,768
$5,007
SEIU
7263
REVENUE SUPERVISOR
$5,684
$5,969
$6,267
$6,580
$6,911
SEW
2309
SENIOR BUILDING INSPECTOR
$5,954
$6,251
$6,564
$6,892
$7,237
SEIU
7219
SENIOR BUILDING TECHNICIAN
$4,546
$4,773
$5,012
$5,263
$5,526
SEIU
7265
SENIOR LIBRARY ASSISTANT
$3,381
$3,548
$3,726
$3,914
$4,109
SEIU
7264
SENIOR PLANNER
$6,267
$6,580
$6,909
$7,254
$7,618
SEIU
7266
SEWER MAINTENANCE WORKER 1
$3,933
$4,130
$4,336
$4,553
$4,780
SEIU
7267
SEWER MAINTENANCE WORKER II
$4,234
$4,446
$4,668
$4,900
$5,146
SEIU
7268
SEWER MAINTENANCE WORKER III
$4,673
$4,906
$5,152
$5,409
$5,678
SEIU
7281
SEWERS SUPERVISOR
$5,283
$5,547
$5,824
$6,115
$6,421
SEIU
7269
SHOP & EQUIPMENT SUPERVISOR
$5,154
$5,412
$5,683
$5,966
$6,265
SEIU
7209
STREET MAINTENANCE
SUPERVISOR
$5,283
$5,547
$5,824
$6,115
$6,421
SEIU
7250
STREET MAINTENANCE WORKER 1
$3,654
$3,837
$4,028
$4,230
$4,441
SEIU
7251
STREET MAINTENANCE WORKER II
$3,838
$4,030
$4,231
$4,443
$4,664
SEIU
7252
STREET MAINTENANCE WORKER III
$4,234
$4,446
$4,668
$4,900
$5,146
SEIU
7279
SUPERVISING BUILDING
INSPECTOR
$5,273
$5,535
$5,813
$6,104
$6,407
SEIU
7245
SUPERVISING LIBRARIAN
$5,018
$5,269
$5,532
$5,808
$6,099
SEIU
8523
SUPERVISING PARKING
ENFORCEMENT OFFICER
$4,734
$4,950
$5,180
$5,407
$5,661
SEIU
7280
SUPERVISING STREET
MAINTENANCE WORKER
$4,447
$4,670
$4,904
$5,148
$5,405
SEIU
7288
SUPERVISING VEHICLE EQUIPMENT
MECHANIC
$4,673
$4,906
$5,152
$5,409
$5,678
SEIU
7283
SWEEPER OPERATOR
$4,031
$4,232
$4,444
$4,665
$4,898
SEIU
7286
VEHICLE EQUIPMENT MECHANIC 1
$3,933
$4,130
$4,336
$4,553
$4,780
SEIU
7287
VEHICLE EQUIPMENT MECHANIC II
$4,340
$4,556
$4,784
$5,023
$5,274
SEIU
7289
VOLUNTEER PROGRAM
COORDINATOR
$3,825
$4,0$4,649
SEIU
7290
YARD CLERK/DISPATCHER
$3,744 1$3'9
31
$4,128
$4,334
r 4,550
Exhibit A (Page 3 of 3)
SEIU 949
SALARY SCHEDULE
AS OF JULY 1, 2007
2.7%
Salary
Group Grade
Position
A
B
C
D
E
SEIU
7241
ACCOUNTANT 1
$4,565
$4,794
$5,033
$5,285
$5,549
SEIU
7240
ACCOUNTANT II
$4,797
$5,037
$5,289
$5,553
$5,831
SEIU
7200
ACCOUNTING ASSISTANT
$3,312
$3,477
$3,651
$3,833
$4,025
SEIU
7201
ACCOUNTING ASSISTANT II
$3,652
$3,834
$4,027
$4,229
$4,439
SEIU
7205
ADMIN ANALYST
$4,555
$4,783
$5,022
$5,273
$5,537
SEIU
7211
ADMIN ASSISTANT 1
$3,604
$3,783
$3,973
$4,171
$4,379
SEIU
7212
ADMIN ASSISTANT II
$3,975
$4,174
$4,382
$4,601
$4,831
SEIU
7213
ADMIN ASSISTANT III
$4,282
$4,497
$4,721
$4,958
$5,205
SEIU
7214
ADMIN ASSISTANT IV
$4,501
$4,725
$4,961
$5,209
$5,470
SEIU
7216
ADMIN ASSISTANT TO THE CC
$4,282
$4,497
$4,721
$4,958
$5,205
SEIU
7210
ASSISTANT PLANNER
$5,153
$5,411
$5,681
$5,965
$6,263
SEIU
7208
ASSOCIATE PLANNER
$5,689
$5,973
$6,272
$6,586
$6,914
SEIU
7217
BUILDING INSPECTOR 1
$4,669
$4,901
$5,147
$5,406
$5,675
SEIU
7218
BUILDING INSPECTOR II
$5,153
$5,411
$5,681
$5,965
$6,263
SEIU
7475
BUILDING TECHNICIAN 1
$4,027
$4,227
$4,439
$4,661
$4,893
SEIU
7220
BUSINESS LICENSE EXAMINER
$3,838
$4,030
$4,232
$4,443
$4,664
SEIU
7221
CHILD CARE BOOKKEEPER 1
$3,312
$3,477
$3,651
$3,833
$4,025
SEIU
7262
CHILD CARE BOOKKEEPER II
$3,652
$3,834
$4,027
$4,229
$4,439
SEIU
7222
CODE ENFORCEMENT OFFICIAL 1
$3,738
$3,925
$4,122
$4,328
$4,545
SEIU
7223
CODE ENFORCEMENT OFFICIAL II
$4,126
$4,333
$4,549
$4,776
$5,016
SEIU
7380
CODE ENFORCEMENT OFFICIAL III
$4,669
$4,901
$5,147
$5,406
$5,675
SEIU
7224
CUSTODIAN
$3,402
$3,572
$3,749
$3,938
$4,133
SEIU
7225
CUSTOMER SERVICE CLERK
$3,312
$3,477
$3,651
$3,833
$4,025
SEIU
7226
DEPUTY CITY CLERK
$4,390
$4,610
$4,839
$5,082
$5,336
SEIU
7231
EQUIPMENT SERVICE ATTENDANT
$3,752
$3,940
$4,137
$4,344
$4,561
SEIU
7232
FACILITY REPAIR SUPERVISOR
$5,426
$5,697
$5,981
$6,280
$6,594
SEIU
7291
FACILITY REPAIR WORKER 1
$3,845
$4,037
$4,239
$4,451
$4,673
SEIU
7233
FACILITY REPAIR WORKER II
$4,242
$4,454
$4,677
$4,911
$5,156
SEIU
FIRE PLANS EXAMINER
$6,217
$6,528
$6,854
$7,197
1$7,557
Exhibit B (Page 1 of 3)
SEIU 949
SALARY SCHEDULE
AS OF JULY 1, 2007
2.7%
Salary Group
Grade
Position
A
B
C
D
E
SEIU
FIRE PREVENTION INSPECTOR 1
$5,047
$5,299
$5,564
$5,841
$6,134
SEIU
7107
FIRE PREVENTION INSPECTOR II
$5,652
$5,934
$6,231
$6,543
$6,870
SEIU
7237
GIS ANALYST
$5,263
$5,569
$5,804
$6,094
$6,399
SEIU
7276
GIS TECHNICIAN
$3,832
$4,025
$4,224
$4,436
$4,658
SEIU
7271
GROUNDS SUPERVISOR
$5,164
$5,423
$5,693
$5,979
$6,277
SEIU
7236
GROUNDSWORKER 1
$3,572
$3,750
$3,939
$4,135
$4,342
SEIU
7238
GROUNDSWORKER II
$3,941
$4,139
$4,345
$4,563
$4,790
SEIU
7239
GROUNDSWORKER III
$4,348
$4,566
$4,794
$5,033
$5,285
SEIU
7243
LIBRARIAN 1
$4,443
$4,666
$4,899
$5,144
$5,401
SEIU
7244
LIBRARIAN II
$4,669
$4,901
$5,147
$5,408
$5,675
SEIU
7246
LIBRARY ASSISTANT 1
$2,920
$3,068
$3,220
$3,380
$3,550
SEIU
7247
LIBRARY ASSISTANT II
$3,305
$3,470
$3,643
$3,825
$4,017
SEIU
7248
LIBRARY CIRCULATION
SUPERVISOR
$4,230
$4,441
$4,663
$4,897
$5,142
SEIU
7292
LITERACY PROGRAM SUPERVISOR
$5,153
$5,411
$5,681
$5,965
$6,263
SEIU
7249
MAIL & STORES CLERK
$3,111
$3,266
$3,430
$3,600
$3,781
SEIU
7255
NETWORK ANALYST
$5,263
$5,569
$5,804
$6,094
$6,399
SEIU
7274
NETWORK SUPPORT TECHNICIAN
$4,027
$4,227
$4,439
$4,661
$4,893
SEIU
7285
OFFICE ASSISTANT 1
$2,963
$3,110
$3,265
$3,429
$3,599
SEIU
7284
OFFICE ASSISTANT II
$3,348
$3,516
$3,691
$3,876
$4,069
SEIU
7256
PARK EQUIPMENT MECHANIC
$4,457
$4,679
$4,913
$5,159
$5,416
SEIU
7257
PARKING ATTENDANT 1
$1,688
$1,771
$1,860
$1,952
$2,050
SEIU
7275
PARKING ATTENDANT II
$1,861
$1,952
$2,050
$2,152
$2,260
SEIU
6208
PARKING ENFORCEMENT OFFICER
$4,321
$4,519
$4,729
$4,936
$5,168
SEIU
PARKING EQUIPMENT TECHNICIAN
$3,941
$4,139
$4,345
$4,563
$4,790
SEIU
6209
PARKING MAINTENANCE &
COLLECTIONS
$3,941
$4,139
$4,345
$4,563
$4,790
SEIU
7254
PARKING METER REPAIR
TECHNICIAN
$3,941
$4,139
$4,345
$4,563
$4,790
SEIU
6211
PARKING OPERATIONS
SUPERVISOR
$4,501
$4,725
$4,961
$5,209 1$5,470
SEIU
7258
PARKS AND GRAFFITI WORKER
$3,572
$3,750
$3,939
$4,135
$4,342
SEIU
7203
PAYROLL TECHNICIAN
$4,680
$4,914
$5,160
$5,418
$5,689
SEIU
7261
PLANNING TECHNICIAN 1$4,027
$4,227 1$4,439
$4,661
$4,893
Exhibit B (Page 2 of 3)
SEIU 949
SALARY SCHEDULE
AS OF JULY 1, 2007
2.7%
Salary Group
Grade
Position
A
B
C
D
E
SEIU
7235
PRINT SHOP SUPERVISOR
$4,729
$4,967
$5,214
$5,474
$5,748
SEIU
7234
PRINTING PRESS OPERATOR
$3,879
$4,073
$4,277
$4,491
$4,715
SEIU
7272
PROGRAMMER ANALYST 1
$4,785
$5,024
$5,276
$5,540
$5,817
SEIU
7273
PROGRAMMER ANALYST II
$5,283
$5,547
$5,823
$6,115
$6,420
SEIU
7253
PUBLIC WORKS INSPECTOR
$4,949
$5,197
$5,456
$5,729
$6,015
SEIU
7259
RECREATION CENTER SUPERVISOR
$4,230
$4,441
$4,663
$4,897
$5,142
SEIU
7263
REVENUE SUPERVISOR
$5,837
$6,130
$6,436
$6,758
$7,097
SEIU
2309
SENIOR BUILDING INSPECTOR
$6,115
$6,420
$6,742
$7,078
$7,433
SEIU
7219
SENIOR BUILDING TECHNICIAN
$4,669
$4,901
$5,147
$5,406
$5,675
SEIU
7265
SENIOR LIBRARY ASSISTANT
$3,472
$3,644
$3,827
$4,019
$4,220
SEIU
7264
SENIOR PLANNER
$6,436
$6,758
$7,095
$7,450
$7,824
SEIU
7266
SEWER MAINTENANCE WORKER 1
$4,039
$4,241
$4,453
$4,676
$4,909
SEIU
7267
SEWER MAINTENANCE WORKER II
$4,348
$4,566
$4,794
$5,033
$5,285
SEIU
7268
SEWER MAINTENANCE WORKER III
$4,799
$5,038
$5,291
$5,555
$5,832
SEIU
7281
ISEWERS SUPERVISOR
$5,426
$5,697
$5,981
$6,280
$6,594
SEIU
7269
SHOP & EQUIPMENT SUPERVISOR
$5,293
$5,558
$5,836
$6,128
$6,434
SEIU
7209
STREET MAINTENANCE
SUPERVISOR
$5,426
$5,697
$5,981
$6,280
$6,594
SEIU
7250
STREET MAINTENANCE WORKER 1
$3,752
$3,940
$4,137
$4,344
$4,561
SEIU
7251
STREET MAINTENANCE WORKER II
$3,941
$4,139
$4,345
$4,563 1$4,790
SEIU
7252
STREET MAINTENANCE WORKER III
$4,348
$4,566
$4,794
$5,033
$5,285
SEIU
7279
SUPERVISING BUILDING
INSPECTOR
$5,415
$5,684
$5,969
$6,269
$6,580
SEIU
7245
SUPERVISING LIBRARIAN
$5,153
$5,411
$5,681
$5,965
$6,263
SEIU
8523
SUPERVISING PARKING
ENFORCEMENT OFFICER
$4,862
$5,084
$5,320
$5,553
$5,814
SEIU
7280
SUPERVISING STREET
MAINTENANCE WORKER
$4,567
$4,796
$5,036
$5,287
$5,551
SEIU
7288
SUPERVISING VEHICLE EQUIPMENT
MECHANIC
$4,799
$5,038
$5,291
$5,555
$5,832
SEIU
7283
SWEEPER OPERATOR
$4,140
$4,346
$4,564
$4,791
$5,031
SEIU
7286
VEHICLE EQUIPMENT MECHANIC 1
$4,039
$4,241
$4,453
$4,676
$4,909
SEIU
7287
VEHICLE EQUIPMENT MECHANIC II
$4,457
$4,679
$4,913
$5,159
$5,416
SEIU
7289
VOLUNTEER PROGRAM
COORDINATOR
$3,928
$4,124
$4,330
$4,547
$4,774
SEIU
7290
YARD CLERK/DISPATCHER
$3,845
$4,037
$4,239
$4,451
$4,673
Exhibit B (Page 3 of 3)
SEIU 949
SALARY SCHEDULE
AS OF JULY 1, 2008
2.8%
Salary
Groul Grade
Position
A
B
C
D
E
SEIU
7241
ACCOUNTANT I
$4,693
$4,928
$5,174
$5,433
$5,704
SEIU
7240
ACCOUNTANT II
$4,931
$5,178
$5,437
$5,708
$5,994
SEIU
7200
ACCOUNTING ASSISTANT
$3,405
$3,574
$3,753
$3,941
$4,137
SEIU
7201
ACCOUNTING ASSISTANT II
$3,754
$3,942
1$4,139
1$4,347
$4,563
SEIU
7205
ADMIN ANALYST
$4,683
$4,917
$5,163
$5,421
$5,692
SEIU
7211
ADMIN ASSISTANT 1
$3,705
$3,889
$4,085
$4,288
$4,502
SEIU
7212
ADMIN ASSISTANT II
$4,087
$4,291
$4,505
$4,730
$4,966
SEIU
7213
ADMIN ASSISTANT III
$4,402
$4,623
$4,853
$5,097
$5,350
SEIU
7214
ADMIN ASSISTANT IV
$4,627
$4,857
$5,100
$5,355
$5,623
SEIU
7216
ADMIN ASSISTANT TO THE CC
$4,402
$4,623
$4,853
$5,097
$5,350
SEIU
7210
ASSISTANT PLANNER
$5,298
$5,562
$5,840
$6,132
$6,439
SEIU
7208
ASSOCIATE PLANNER
$5,848
$6,140
$6,447
$6,770
$7,107
SEIU
7217
BUILDING INSPECTOR 1
$4,799
$5,039
$5,291
$5,557
$5,834
SEIU
7218
BUILDING INSPECTOR II
$5,298
$5,562
$5,840
$6,132
$6,439
SEIU
7475
BUILDING TECHNICIAN 1
$4,139
$4,346
$4,563
$4,792
$5,030
SEIU
7220
BUSINESS LICENSE EXAMINER
$3,945
$4,143
$4,350
$4,568
$4,795
SEIU
7221
CHILD CARE BOOKKEEPER 1
$3,405
$3,574
$3,753
$3,941
$4,137
SEIU
7262
CHILD CARE BOOKKEEPER II
$3,754
$3,942
$4,139
$4,347
$4,563
SEIU
7222
CODE ENFORCEMENT OFFICIAL 1
$3,843
$4,035
$4,237
$4,449
$4,672
SEIU
7223
CODE ENFORCEMENT OFFICIAL II
$4,242
$4,455
$4,676
$4,910
$5,156
SEIU
7380
CODE ENFORCEMENT OFFICIAL III
$4,799
$5,039
$5,291
$5,557
$5,834
SEIU
7224
CUSTODIAN
$3,497
$3,672
$3,854
$4,048
$4,249
SEIU
7225
CUSTOMER SERVICE CLERK
$3,405
$3,574
$3,753
$3,941
$4,137
SEIU
7226
DEPUTY CITY CLERK
$4,513
$4,739
$4,975
$5,224
$5,486
SEIU
7231
EQUIPMENT SERVICE ATTENDANT
$3,857
$4,050
$4,253
$4,466
$4,688
SEIU
7232
FACILITY REPAIR SUPERVISOR
$5,578
$5,857
$6,149
$6,456
$6,779
SEIU
7291
FACILITY REPAIR WORKER 1
$3,953
$4,150
$4,358
$4,575
$4,804
SEIU
7233
FACILITY REPAIR WORKER II
$4,361
$4,579
$4,808
$5,049
$5,300
SEIU
FIRE PLANS EXAMINER
$6,391
$6,711
$7,046
$7,398
$7,768
Exhibit C (Page 1 of 3)
SEIU 949
SALARY SCHEDULE
AS OF JULY 1, 2008
2.8%
Exhibit C (Page 2 of 3)
Salary Grout
Grade
Position
A
B
C
D
E
SEIU
FIRE PREVENTION INSPECTOR 1
$5,188
$5,447
$5,719
$6,005
$6,306
SEIU
7107
FIRE PREVENTION INSPECTOR II
$5,811
$6,100
$6,406
$6,726
$7,062
SEIU
7237
GIS ANALYST
$5,411
$5,725
$5,966
$6,265
$6,578
SEIU
7276
GIS TECHNICIAN
$3,940
$4,137
$4,343
$4,560
$4,788
SEIU
7271
GROUNDS SUPERVISOR
$5,309
$5,574
$5,852
$6,147
$6,453
SEIU
7236
GROUNDSWORKER 1
$3,672
$3,855
$4,049
$4,250
$4,463
SEIU
7238
GROUNDSWORKER II
$4,052
$4,255
$4,467
$4,691
$4,924
SEIU
7239
GROUNDSWORKER III
$4,470
$4,694
$4,928
$5,174
$5,433
SEIU
7243
LIBRARIAN 1
$4,568
$4,797
$5,036
$5,288
$5,553
SEIU
7244
LIBRARIAN II
$4,799
$5,039
$5,291
$5,559
$5,834
SEIU
7246
LIBRARY ASSISTANT 1
$3,002
$3,153
$3,310
$3,475
$3,650
SEIU
7247
LIBRARY ASSISTANT II
$3,397
$3,567
$3,745
$3,932
$4,130
SEIU
7248
LIBRARY CIRCULATION
SUPERVISOR
$4,348
$4,565
$4,794
$5,034
$5,286
SEIU
7292
LITERACY PROGRAM SUPERVISOR
$5,298
$5,562
$5,840
$6,132
$6,439
SEIU
7249
MAIL & STORES CLERK
$3,198
$3,358
$3,526
$3,701
$3,887
SEIU
7255
NETWORK ANALYST
$5,411
$5,725
$5,966
$6,265
$6,578
SEIU
7274
NETWORK SUPPORT TECHNICIAN
$4,139
$4,346
$4,563
$4,792
$5,030
SEIU
7285
OFFICE ASSISTANT 1
$3,046
$3,197
$3,357
$3,525
$3,700
SEIU
7284
OFFICE ASSISTANT II
$3,442
$3,615
$3,795
$3,985
$4,183
SEIU
7256
PARK EQUIPMENT MECHANIC
$4,582
$4,810
$5,051
$5,303
$5,568
SEIU
7257
PARKING ATTENDANT 1
$1,735
$1,820
$1,912
$2,007
$2,107
SEIU
7275
PARKING ATTENDANT II
$1,913
$2,007
$2,107
$2,212
$2,323
SEIU
6208
PARKING ENFORCEMENT OFFICER
$4,442
$4,646
$4,862
$5,074
$5,313
SEIU
PARKING EQUIPMENT TECHNICIAN
$4,052
$4,255
$4,467
$4,691
$4,924
SEIU
6209
PARKING MAINTENANCE &
COLLECTIONS
$4,052
$4,255
$4,467
$4,691
$4,924
SEIU
7254
PARKING METER REPAIR
TECHNICIAN
$4,052
$4,255
$4,467
$4,691
$4,924
SEIU
6211
PARKING OPERATIONS
SUPERVISOR
$4,627
$4,857
$5,100
$5,355
$5,623
SEIU
7258
PARKS AND GRAFFITI WORKER
$3,672
$3,855
$4,049
$4,250
$4,463
SEIU
7203
PAYROLL TECHNICIAN
$4,811
$5,052
$5,304
$5,570
$5,848
SEIU 17261
IPLANNING
TECHNICIAN 1$4,139
$4,346 1$4,563
1$4,792
$5,030
Exhibit C (Page 2 of 3)
SEIU 949
SALARY SCHEDULE
AS OF JULY 1, 2008
2.8%
Exhibit C (Page 3 of 3)
Salary Grout
Grade
Position
A
B
C
D
E
SEIU
7235
PRINT SHOP SUPERVISOR
$4,862
$5,106
$5,360
$5,627
$5,909
SEIU
7234
PRINTING PRESS OPERATOR
$3,988
$4,187
$4,396
$4,617
$4,847
SEIU
7272
PROGRAMMER ANALYST 1
$4,919
$5,165
$5,424
$5,695
$5,980
SEIU
7273
PROGRAMMER ANALYST II
$5,431
$5,702
$5,986
$6,286
$6,600
SEIU
7253
PUBLIC WORKS INSPECTOR
$5,088
$5,343
$5,609
$5,890
$6,184
SEIU
7259
RECREATION CENTER
SUPERVISOR
$4,348
$4,565
$4,794
$5,034
$5,286
SEIU
7263
REVENUE SUPERVISOR
$6,000
$6,301
$6,616
$6,947
$7,296
SEIU
2309
SENIOR BUILDING INSPECTOR
$6,286
$6,600
$6,930
$7,276
$7,641
SEIU
7219
SENIOR BUILDING TECHNICIAN
$4,799
$5,039
$5,291
$5,557
$5,834
SEIU
7265
SENIOR LIBRARY ASSISTANT
$3,570
$3,746
$3,934
$4,132
$4,338
SEIU
7264
SENIOR PLANNER
$6,616
$6,947
$7,294
$7,658
$8,043
SEIU
7266
SEWER MAINTENANCE WORKER 1
$4,153
$4,360
$4,578
$4,807
$5,046
SEIU
7267
SEWER MAINTENANCE WORKER II
$4,470
$4,694
$4,928
$5,174
$5,433
SEIU
7268
SEWER MAINTENANCE WORKER III
$4,933
$5,179
$5,439
$5,711
$5,995
SEIU
7281
SEWERS SUPERVISOR
$5,578
$5,857
$6,149
$6,456
$6,779
SEIU
7269
SHOP & EQUIPMENT SUPERVISOR
$5,442
$5,714
$5,999
$6,299
$6,614
SEIU
7209
STREET MAINTENANCE
SUPERVISOR
$5,578
$5,857
$6,149
$6,456
$6,779
SEIU
7250
STREET MAINTENANCE WORKER 1
$3,857
$4,050
$4,253
$4,466
$4,688
SEIU
7251
STREET MAINTENANCE WORKER II
$4,052
$4,255
$4,467
$4,691
$4,924
SEIU
7252
STREET MAINTENANCE WORKER III
$4,470
$4,694
$4,928
$5,174
$5,433
SEIU
7279
SUPERVISING BUILDING
INSPECTOR
$5,567 1$5,843
$6,137
$6,444
$6,765
SEIU
7245
SUPERVISING LIBRARIAN
$5,298
$5,562
$5,840
$6,132
$6,439
SEIU
8523
SUPERVISING PARKING
ENFORCEMENT OFFICER
$4,998
$5,226
$5,469
$5,708
$5,976
SEIU
7280
SUPERVISING STREET
MAINTENANCE WORKER
$4,695
$4,930
$5,177
$5,435
$5,706
SEIU
7288
SUPERVISING VEHICLE EQUIPMENT
MECHANIC
$4,933
$5,179
$5,439
$5,711
$5,995
SEIU
7283
SWEEPER OPERATOR
$4,256
$4,468
$4,692
$4,926
$5,172
SEIU
7286
VEHICLE EQUIPMENT MECHANIC 1
$4,153
$4,360
$4,578
$4,807
$5,046
SEIU
7287
VEHICLE EQUIPMENT MECHANIC II
$4,582
$4,810
$5,051
$5,303
$5,568
SEIU
7289
VOLUNTEER PROGRAM
COORDINATOR 1$4,038
$4,239
$4,451
$4,674
$4,908
SEIU
7290
YARD CLERK/DISPATCHER
$3,953
$4,150
$4,358
$4,575
$4,804
Exhibit C (Page 3 of 3)
City of San Rafael
SEIU 949 Classification/Compensation Summary: Benchmark Linkages
OU Exhibit "D"
Current Benchmark
Title
Linkage
Grade Levels from Benchmark
Supervisor — Revenue
+16
A
Accounting
Accountant II
+11
Assistant II
Payroll Technician
+10
Accountant I
+9
Business License Examiner
+2
Accounting Assistant II
0
Child Care Bookkeeper II
0
Accounting Assistant I
-4
Child Care Bookkeeper I
-4
Customer Service Clerk
-4
B.
Associate Planner
Senior Planner
+5
Fire Plans Examiner
+4
Associate Planner
0
Fire Prevention Inspector II
-.5
Supervising Inspector
-2
Programmer Analyst II
-3
Assistant Planner
-4
Building Inspector II
-4
Fire Prevention Inspector I
4.5
Programmer Analyst I
-7
Network Analyst
-7
GIS Analyst
-7
Building Inspector I
-8
Code Enforcement Official III
-8
Senior Building Technician
-8
Administrative Analyst
-9
Recreation Center Supervisor
-12
Code Enforcement Official II
-13
Planning Technician
-14
Network Support Technician
-12
Building Technician I
-14
Volunteer Program Coordinator
-15
GIS Technician
-16
Code Enforcement Official I
-17
I3
Parking Enforcement
Officer
Supervising Parking Enforcement Officer
+12.5
Parking Enforcement Officer
0
E.
Library Assistant II
Supervising Librarian
+18
Literacy Program Supervisor
+18
Librarian II
+14
Librarian I
+12
Library Circulation Supervisor
+10
Senior LibraryAssistant
+2
Library Assistant II
0
Library Assistant I
-5
Current Benchmark
Title
Linkage
Grade Levels from Benchmark
F. Secretary or
Administrative
Assistant 11
Administrative Assistant IV
+5
Administrative Assistant IV
+5
Deputy City Clerk
+4
Administrative Assistant to the City Clerk
+3
Administrative Assistant 111
+3
Administrative Assistant 11
0
Printing Press Operator
-1
Administrative Assistant 1
4
Office Assistant H
-7
Mail and Stores Clerk
-10
Office Assistant 1
-12
Parking Attendant 11
-21
Parking Attendant 1
-23
G Street Maintenance
Supervisor
Supervisor— Street Maintenance
0
Supervisor — Sewers
0
Supervisor — Facility Repair
0
Shop and Equipment Supervisor
0
Supervisor — Parks
0
Supervising Vehicle/Equipment Mechanic
-5
Sewer Maintenance Worker 111
-5
Supervising Street Maintenance Worker
-7
Parking Operations Supervisor
-7
Vehicle/Equipment Mechanic Il
-8
Park Equipment Mechanic
-8
Street Maintenance Worker 111
-9
Grounds Worker 111
-9
Sewer Maintenance Worker 11
-9
Facility Repair Worker 11
-10
Sweeper Operator
-11
Vehicle/Equipment Mechanic 1
-12
Sewer Maintenance Worker 1
-12
Grounds Worker 11
-13
Parking Equipment Technician
-13
Parking Maintenance & Collections
-13
Parkin Meter Re air Technician
-13
Street Maintenance Worker 11
-13
Facility Repair Worker 1
-14
Yard Clerk/Dispatcher
-14
Equipment Service Attendant
-15
Street Maintenance Worker 1
-15
Park & Graffiti Worker
-17
Grounds Worker 1
-17
Custodian
-19
"Bold Print for job class titles represents job classes in the Supervisory Unit.
W:\Management Services- WorkFile\HR- WorkFile\Human Resources\MOU's 20061,MAPE\MOU Exhibit Benchmark Linkages
Verl.doc
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 /iRCC AGENDA ITEM NO. ID
DATE OF MEETING:
12/18/06
FROM: Nancy Mackle R E C E tV E
DEPARTMENT: Economic Development DEC 12 2006
Et mr T T O N E Y
TITLE OF DOCUMENT: Memorandum of Understanding (MOU) pertaining to compensation
and working conditions for SEIU 949, Supervisory and Miscellaneous Units (3 year agreement July 1,
2006 -June 30, 2009)
0 vkx- � q A vja= t �
Department Hea (signature)
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPOVE S COUNCIL / AGENCY
AGE D
City Hager (signature)
NOT APPROVED
REMARKS: