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Home My WebLink AboutHR MOU Police Mid-Management 2013'Agenda Item No: I OWN" eeting Date: August 19, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Management Services Prepared by: Anil Comelo, HR Director City Manager Approval: SUBJECT: RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION (JULY 11 2013 THROUGH JUNE 30,2014) Rsill BACKGROUND: Since 2008, the City of San Rafael has had to make significant budget balancing decisions to deal with the impacts of the national recession. Some of the person nel-related steps taken to help address the City's deficit include work furloughs and/or pay reductions, an early retirement program, a hiring freeze, layoffs and other actions. These concessions were negotiated and agreed to with the bargaining units in an effort to reduce costs during years of significant budget deficits. For the last two years, the SRPMMA accepted concessions of approximately 4% in Total Compensation. The most recent MOUs expired on June 30, 2013. For the past several months, representatives of the City and San Rafael Police Mid -Management Association (SRPMMA) met in good -faith and worked diligently to negotiate a new labor MOU. Both sides recognized the impact of the recent recession on the City's finances as well as the concessions agreed to by City employees. The resulting labor agreement addresses several important issues and does not include any salary increases during this one year agreement. However, this agreement provides a modest increase in benefits. ANALYSIS: The following reflects highlights of the tentative agreement of the City and SRPMMA that is consistent with the guidelines authorized by the City Council. The union is scheduled to ratify the contract on August 15, 2013. 1. Term of the Agreement: July 1, 2013 through June 30, 2014e 2. Salary Increase: There will be no salary increase for job classes represented by this bargaining group during the term of this MOU. 3. Pension: Bargaining group members will increase pension contributions by 1% of pensionable compensation. SRPMMA also agree to participate in discussions with City representatives on pension issues during the term of this contract. FOR CITY CLERK ONLY File No.: Council Meeting: 2 L DlisposiMiono. 4. Deferred Compensation: The City will make a monthly contribution of .26% of base salary toward a City -provided deferred compensation plan. 5. Cafeteria Plan: The SRFCOA will receive the following increases to the Cafeteria plan. Effective the September 30th paycheck, the flex dollar allowances will increase as follows. - From To 'or employees only: $ 577.00 $ 644.51 'or employee + 1 $1044.00 $1166.15 'For family $1357.00 $1515.77 Effective the December 15th paycheck, the flex dollar allowances will increase as follows-. From To For employees only: $ 644.51 $ 683.18 For employee + 1 $1166.15 $1236.12 For family $1515.77 $1606.72 The City will contribute an additional amount of $130 toward medical costs each month from January 2014 to June 2014'. FISCAL IMPACT: The agreement will result in a Total Compensation increase of approximately 0.6% ($9,315) for the one year agreement. OPTIONS: • Approve the Resolution to implement the above recommendations. • Request changes to the recommendations. • Direct staff to develop alternatives to the recommendations. a 0 Urs We a; (TTR 0 2 ATTACHMENTS- • Resolution Regarding the Requested Actions. • MOU between City of San Rafael and SRPMMA for July 1, 2013 to June 30, 2014 (and all attachments) RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL POLICE MID-MANAGASSOCIATION WHEREAS,(JULY 1, 2013 THROUGH JUNE 3% 2014) . had to make significantbudget balancing decisions i i"'. impactswith the of . ! . ! and I WHEREAS, the City of San Rafael and representatives of SRPMMA have met and conferred in ilii faith with regard to wages,i i working conditions in accordance the provisions of i i ' i . financesWHEREAS, both sides recognize the impact of the recent recession on the City's and WHEREAS, a Memorandum of Understanding pertaining to the one year period fro July 1, 2013 through "` 30, 2014 is scheduled to be ratified on August NOW, ' i'COUNCILOF THE CITY OF 'N RAFAEL DOES SectionRESOLVE, DETERMINE AND ORDER AS FOLLOWS: . andafter thedateof adoptionofthisResolution,of Rafael and San Rafael Police Mid -Management Association shall utilize th Memorandum of !" ! ! for period beginningJuly 1, 2013, attachedhereto, the official document of _ respecting compensationi workingconditions• Sectionemployees represented by SRPMMA. )I describingclassesof positionsandsalaryranges attached to said Memorandum of Understanding and, together with the Memorandum of Understandingitself, are herby adoptedandshallbeattachedheretoandincorporated in 1, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify ,, t the foregoing Resolutionduly and regularlyintroducedand adoptedat a regular! of Council ofthe CityofSan,Rafael, i on Monday,` of August, by the following vote, to i "' i' Colin,i i Heller, i ih & Mayor Phillips � i► i '" i ' i '` sther C. Beirne, City Clerli 19 U L KO -1 A U U T, FIT A Fbw-,� k between � 1 1 �# i 1 1 ♦ # 1 # JUL Y 1, 2013 I GENERAL PROVISIONS ---.----------------------------------1 1.1. INTRODUCTION ........................................................................................................................................... l Y.Y.Y. Scope of ----------------------------------------..l 1.1.2. Term ofMOU....................................................................................................................................... l 1.2. RECOGNITION .................................... ................................................................................. ....................... l 1.2.1. Bargaining Unit .------.------------------------------------..l 1.3. _________.__—.__._—.--._—.—.—_—_--''-------] 1.3.1. /nGeneral -------------------------------------------.—.l 1.3.2. Bargaining Unit Discrimination —.--.—'—,—.----.—_'—.—'—'—.—_.--.--.—.2 1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING -------------------------..2 1.5. ExISTImG I./wns,REGULATIOmS & POLICIES ............................................................................................ 2 1.6. STRIKES & LOCKOUTS .............................................................................................................................. 2 1.7. SEVERABILITY ............................................................................................................................................ 2 1.8. PREVAILING RIGHTS .................................................................................................................................. 2 1.9. FULL UNDERSTANDING9 MODIFICATIONv WAIVER .................................................................................... 2 1.9.1. Understanding --.--.---------------------.---------.-----..2 1.9.2. Waiver & Modification .................................................................................................... .................... 2 2 M11MBA........................................................................................................................................................... 3 2.1. BARGAINING UNIT RIGHTS ........................................................................................................................ 3 2.1.1. Bargaining Unit Stewards Designation ------------------------------..3 2.1.2. Release Time ...................................................................................................................................... 3 2.2. DUES DEDUCTION ...................................................................................................................................... 9 2.2.1. Collection of Dues ..------.-----.--.--.--------------------.3 2.2.2. Dues Collection durinxy SeDaration from Employment ---------------------..3 2.3. MANAGEMENT RIGHTS .............................................................................................................................. 3 2.4~ COMMENCEMENT OF NEGOTIATIONS ........................................................................................................ 4 3 COMPENSATION..................................................................................................................................... 4 3.1~ GENERAL WAGES AND COMPENSATION ---------------------------------4 3.1.1. Pay Dates ............................................................................................................................................. 4 3.1.2. General Wage Increase .................... ................................................................................................ 5 3.1.3. Definitions ............................................................................................................................................ 5 3.1.4` Compensation Plan ............................................................................................................................ 5 3.2. STEPNNCREASES....................................................................................................................................... 5 3.2.1. Entry Level Step .................................................................................................................................. 5 3.2.2. Consideration for Step Increases ..................................................................................................... 5 3.2.3. Merit Increases .................................................................................................................................... 5 3.3. ADDITIONAL PAY ........................................................................................................................................ 6 3.3.1. Shift Differential Pay ........................................................................................................................... 6 3.3.2. Educational Incentive ......................................................................................................................... 6 3.3.3. Bilingual Pay ........................................................................................................................................ 6 3.34� Uniform Allowance .............................................................................................................................. 7 3~4. REVENUE SHARING .................................................................................................................................... 7 3.4.1. Conditions for Revenue ----------------------------------7 3.4.2. Revenue Definitions &Revenue Sharing Cakculation�---------------------..7 3.4`3� Schedule .............................................................................................................................................. 8 4.1 EMPLOYEE BENEFITS COMMITTEE ............................................................................................................ 8 4.2 HEALTx& WELFARE .................................................................................................................................. 8 4.2.1 Full Flex Cafeteria Plan ........................................................................................................................... 8 4`2.2 Retirees Health Insurance Effective January Y'2UYO........................................................................ 9 4.2.3 Health and Dependent Cane Spending Accounts -----..)O 4.4 RETIREMENT CONTRIBUTION ------------------------------.-------..I] 4`4`1 City Paid Employee Retirement (City Paid Member ----------------.Il 4`4`2 Retirement Plans ................................................................................................................................... Il 4`4.3 Member Cost of Living Rates .............................................................................................................. ll 5 LE"ES..................................................................................................................................................... l2 5.1 SICK LEAVE .--------------------------------------.,—_-----.l2 5.1.1 Eligibility ---------------------------------------.--------..l2 5.1.2 Sick Leave Accrual ................................................................................................................................ l2 5.1.3 Use ofSick Leave .................................................................................................................................. L2 5.1.4 Advance of Sick Leave ......................................................................................................................... l2 5.1.5 Service Credit for Sick Leave .............................................................................................................. l2 5.1.6 Compensation for Unused Portion ...................................................................................................... l3 5.2 VACATION LEAVE .------------.-------------------------------.l3 5.2.1 Eligibility ------------------------------------------_-----I3 5.2.2 Rate ofAccrual .... ------------------------------------------..l3 5.2.3 Administration ofVacation Leave ........................................................................................................ l3 5.2.4 Vacation Cap .......................................................................................................................................... l4 5.3 HOLIDAYS ................................................................................................................................................. |4 5.4 OTHER LEAVE .......................................................................................................................................... }4 5.4`1 Administrative Leave ............................................................................................................................. l4 5.4.2 Bereavement Leave .............................................................................................................................. ]4 5.4`3 Jury Duty ................................................................................................................................................. l4 5.4`4 Military Leave ..................................................................................................... .................................... |5 5.4`5 Leave ofAbsence Without Pay ................................................. ............. ......................................... ..l5 5.4`6 Industrial Injury Leame................................... ......................................... ..... .................................... |5 5.4`7 Medical Leave of Absence ............................................... —.......................................... .................... l5 5.4`8 Absence without Authorized Leave .................................................................................................... |6 5.4`9 Catastrophic Leave ... ..................................................... ... .................................. ........................... l6 6 TERMS & CONDITIONS OF EMPLOYMENT ......................... .......................... ....... ................ l6 6.1 HOURS OF WORK ......... ... ....................................................................................................................... l6 6.1.1 Alternative Work Week ............................................................... ................................... ..................... l6 6.2 OVERTIME ------------------------------------------------l6 6.2.1 Special Events, Extra Duty Requests and Grant Operations -------------------l8 6.3 PROBATIONARY PERIOD...................................................................................................................... ..)7 6.3.1 Purpose ofProbabon—............................................. ......................... ............. ...... ............................ l7 0'3.2 Length of Probationary Pexiod.................. ...... .................................... ..... .......................... —.... \7 8'3.3 Rejection During Probation ....................................................................... .................................. ...... l7 83.4 Notification of Rejection .................... ........................................................ ...................... ................ |7 6.3.5 Extension of Probationary Period ........................................ ............................................................... |7 6.3.8 Regular S/a/us—....................................................................................................... ..... ..................... |7 6'3.7 Promotion of Probationary Employee ..... ............................................................... ............... ........... l7 6.3.8 Unsuccessful Passage ofPromotional Probation ............................................................................. l7 6~4 PERSONNEL RULES & REGULATIONS .................................................. ....... .......................................... l7 0'4.1 Resolution .......................................................................................................... I0 6'4`2 Drug and Alcohol Policy ....................................................................................................................... }8 6.4.3 Outside Employment Policy .......................................................................... ...................................... )0 6.4.4 Harassment Policy .--------_---------------------------------..l8 6.4.5 Wireless Communication Policy ..................................... .................................................................... l9 6.4`6 Use of City Vehicle ................................................................................................................................ l9 6.4.7 Temporary Modified Duty Policy ......................................................................................................... l9 6.5 MISCELLANEOUS --------------------------------------------.2O 6.5.1 Gratuities/ Solicitation ofContributions ............................................................................................. 2O 65.2 Return of City Equipment ---------------------------------------2O 6.5.3 Political --------------------------------------------..2O M 7 PROCEDURES ........................................................................................................................................ 2l 7'1 DEMOTION & SUSPENSION ...................................................................................................................... 2l 7.1.1 Demotion ................................................................................................................................................. 2l 7.1.2 Suspension ............................................................................................................................................. 2l 7.2 TERMINATION OF EMPLOYMENT .............................................................................................................. 2l 7.2.1 Resignation ___._---.--_--.--.-----.-----------------------.2l 7.2.2 Termination - Layoff ................................................................................... ....... ................................. 2I 7.2.3 Tennination- Disciplinary Action ........................... ............................................................................. 2l 7.2.4 Retirement ................................................................................................. ............................................ 2l 7.2.5 Rejection During Probation ........................................................................ ................... ..................... 2I 7.3 DISCIPLINARY ACTION ....................................... ............... —.............................................................. 22 7.3.1 Right to Discipline & Discharge ............................................................................. ............................. 22 7.3.2 Appeals --------.----------.-----------.----.-------------22 7.3.3 City Manager and Arbitration ................................................................ ..................................... ........ 23 7.4 GRIEVANCE PROCEDURE .......................................................... ............................................................. 23 7.4`1 Definition ........ -------------------------------------------__.23 7.4`2 Initial Discussions .......................................... ...................................................................................... 23 7.4.3 Referral tothe City --.----------------------------------.23 7.4.4 City Manager and Arbitration .... ..................................................................................... .................... 23 LIST OF EXHIBITS between CITY OF SAN RAFAEL and W Ah �ft Ab ap Awo dr 4W AD 40 Aft, Afk ow Wo AW 1W W 4W 1W 4W 4W AF 4W do 4v 4W .4 owl 101 MAM at W do Ow 4w Owr W 4w w Ah IV �w 40 av A A Ab 40 Ak 4W AW 0 - - 0— * Z 0 - 0 so -0 AO Alk Alk Ala Alk As AS AS ®r 1W 17 -IR 11 L7-1 I I IL01 E !IJkTArUV'FAIRII rUIRI I Mg-ML-74WOLNIN IWO10 PI;0 I I I I I I t474k KIL9JKtW-AffP1 I I 1 "0 E A R I It t 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or non-existence of facts which are the basis of the management decision. 3. To determine the necessity of organization or any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means, technology, and extent of services to be provided to the public. 5. Methods of financing. 6. Types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted. 8. To determine and change the number of locations, relocation's and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract my work or operation of the City. 9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 10. To relieve employees from duties for lack of work or similar non -disciplinary reasons. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel rules and Regulations. 13. To determine job classifications and to reclassify employees. 14. To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this Memorandum of Understanding and the City's Personnel Rules and Regulations. 15. To determine policies, procedures and standards for selection, training, and promotion of employees. 16. To establish employee performance standards including, but not limited to quality and quantity standards; and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operations. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. lot- IIIHMU 0 -W 1W W W Wf f 4V W W W W • 4W 4F 4W • 40 4W 1W 0 0 0 W 40 0 00 A 0 0 0 IL 0 OF 0 0 0 fol 0— 0 0 0 0 0 0 0 0 0 0 0 0 W 91 Shift assignments and distribution of bngual employees shall be at the discretion of the Police Chief. 3.3.4. Uniform Allowance The represented classcation will receive a uniform allowance of $530.00 for each months of service ending June 30 and December 31. A pro -rated portion of the allowance may be given for the first and last six (6) months of service upon recommendation of P! Chief and approval of the City Manager or their designee. 3.4. REVENUE SHARING 3.4. 1. Conditions for Revenue Sharing Employees in the bargag unit poons defined in this MOU shall receive Revenue Sharing Increases, effective January 1 of each year of the contract, in addon to the Contrac) Compensation Increase (if any), if the following conditions are met: a. If the CPI increase, as defined in Section 3.1.3, is greater than the Contract Compensation Increase, and b. If General Tax Revenues have resulted in revenues being available for distribution, based upon the formulas defined in Section 3.4.2, and c. The "net change in General Fund Balance"defined in Section presented in the previous fiscal year's annual audited financial statements, is positive, and d. The City's General Fund Emergency and Cash Flow reserve at the end of the previous fiscal year contains at least 10% of the General Fund budgeted expenditures for that same year. If all of the above four conditions are met, then a Revenue Sharing salary increase shall be paid prospectively, in accordance with the schedule below, to bring the combination of the Contract Compensation Increase (if any) and the Revenue Sharing Increase up to the level of the CPI, however, in no event shall the Combined Contract Compensation Increase and Revenue Sharing Increase exceed 5% for the contract year under review. 3.4.2. Revenue Definitions & Revenue Sharing Calculations Net Change in General Fund Balance is determined in the course of the City's annual financial audit, and presented as "net change in fund balance 77 in the City's published financial statements. General Tax Revenues shall be defined to i® the following taxes: Sales Tax, Property Tax (Secured, Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax, Hotel Occupancy Tax, Business License Tax and Franchise Fees. No other revenue sources of the City will be included in this definition. If General Tax Revenues of the City for the fiscal year previous to this contract year (i.e., FY 2012-2013) exceed General Tax Revenues of the City for the prior fiscal year (i.e., FY 2011 - 2012) then the members of the bargaining unit shall be entitled to apply 27.0% of one-half (1/2) of the excess of fiscal year General Tax Revenues over prior fiscal year General Tax Revenues adjusted for 75% of the total compensation increases provided to members for the contract year, in accordance with the schedule below, for a Revenue Sharing Total Compensation adjustment. h a. SeptemberGeneral Tax Revenues. The City shall make known to the Association if General Tax Revenues of the most recently ended fiscal year 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. b. November 15th - Net Change in General Fund Balance and the funding level of the City's General Fund Emergency and Cashflow reserve. By November 15th of each year, the City shall make known to the Association whether there is a positive change in the General Fund Balance when the most recently ended fiscal year is compared to the previous one. At the same time, the City shall make known to the Association whether the funding level of the City's General Fund Emergency and Cashflow reserve is at or above 10% of budgeted expenditures. If these two conditions are not met, then no Revenue Sharing shall take place for that contract year. c. November 30th - CPI. If the conditions for revenue sharing have been met for the contract year, the City shall identify the change in CPI for the year ending October and make the figure known to the Association by November 30th. d. January 1st — Base Monthly Pay Increases are calculated. January 1st is the effective start date (for paycheck date of January 31st) for Revenue Sharing Salary increases. 1W 1W 1W 1W 10 10 1W• aw. AW 1W IN, cafeteria plan. The monthly flex dollar allowance effective the paycheck of September 30, 20130 Lhall be: For employee only: $ 644.51 For employee and one dependent: $11166-15 For employee and two or more dependents: $1,515.77 The monthly flex dollar allowance effective the paycheck of December 15, 2013 shall be: For employee only: $683.18 For employee and one dependent: $17236.12 For employee and two or more dependents: $1,606.72 retiree coverage shall be "P l Cminimum contribution as determined by CalPERS on an annual basis. a. Longevity Payment for Employees Wired on or before January 1, 2010. The City shall make a monthly longevity payment into a Retiree Healthcare Reimbursement Trust (Retiree HRA Trust) on behalf of employees hired before January 1 1 2010 and who retire from the City of San Rafael as described in this section. The City's * monthly contribution to the Retiree HRA trust shall not exceed $566 per month. The City's contribution towards a retiree's Retiree HRA Trust account shall continue for the lifetime of the retiree and retiree's spouse, in accordance with PEMHCA eligibility provisions for coverage. Employees hired on or after January 1 2010 and who meet the eligibility requirements for retiree health insurance SII eligible to continue in the City's group health insurance program. The City's maximum contribution towards retiree coverage under this subsection, 4.2.2b, shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree's spouse, registered domestic partner, or dependents upon the employee's retirement from the City in excess of the PEMHCA minimum contribution as required by CalPERS. IM TdIWI 17k i Iplilliq rli��; MW =5-8-A Bargaining unit members shall pay the full share of the employee's contribution to the Marin County Retirement System. Effective the pay period including September 1, 2013, all current and future "classic " and "new" bargaining unit members shall contribute an additional 1% of pensionable compensation to MCERA, over and above the employee's contribution noted above. The only employees excluded X trom this payment are long-term City employees with thirty or more years of City service who no longer have to pay any employee contribution to the Marin County Retirement System. owdWiln =_1 The City shall provide the Marin County Employee Retirement Association 3% at 55 retirement program to all classic safety members, as defined under the 1937 Act Government Code Section 31664, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This shall be based on an employee's single highest year of compensation. The City shall provide the Marin County Employee Retirement Association 2.7% at 55 retirement program to all miscellaneous members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This shall be based on an employee's single highest year of compensation. Safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 3%@55 calculated based on the average of their highest three years of compensation, with a 2% COLA benefit cap. Non -safety employees hired on or after July 1, at the formula 2%@55 calculated based on compensation, with a 2% COLA benefit cap. 2011 will receive an MCERA retirement benefit the average of their highest three years of New safety members as defined by the Public Employees' Pension Reform Act of 2013 shall receive pension benefits as defined by law. 4.4.3 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). 4.4.4 Pension Costs The parties shall discuss pension issues during the term of this MU utilizing the Labor - Management Committee process memorialized in Section 6.6.5 of this agreement. 4.4.5 Deferred Compensation The City will make a monthly contribution of 0.26% of base salary to a deferred compensation plan. on * LE"ES 5.1 SICK LE"E 5. 1. 1 Eligibility Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be considered as a privilege which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Police Chief according to department Rules and Regulations at the beginning of his/her daily duties. Every employee who is absent from his/her duties for two (2) consecutive work days shall file with the Human Resources Director, a physician's certificate or the employee's personal affidavit verifying the employee's eligibility for sick leave. The inability or refusal by said employee to furnish the requested information, as herein required, shall constitute good and sufficient cause for disciplinary action, including dismissal. In recognition of exempt status from FLSA, time off for sick leave purposes shall not be deducted from the employee's account, unless the employee is absent for the full work day. 5.1.2 Sick Leave Accrual All eligible full time employees shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave may be accumulated to an amount not to exceed twelve hundred (1200) hours. The sick leave accrual rate is prorated for eligible part time employees. The cap on sick leave accrual, twelve hundred (1200) hours, does not apply for accrual purposes but does apply for sick leave separation payoff purposes. 5.1.3 Use of Sick Leave An employee may use accrued sick leave during their probationary period. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: 1 Personal illness or illness within the immediate family (immediate family under Section 5.1.3 is defined as employee's spouse, domestic partner, dependent children and/or employee's parents, not in-laws), or physical incapacity resulting from causes beyond the employee's control; or 2. Enforced quarantine of the employee in accordance with community health regulation 3. Medical ,,iiintments that cannot be scheduled during non -working hours shall be charged to sick leave, unless the employee is a sworn peace officer. Ir"!'henever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who have been granted sick leave that is un -accrued at the time of such separation shall reimburse the City of all salary paid in connection with such un -accrued leave. 5.1.5 Service Credit for Sick Leave Employees who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after July 1, 2002, and within 120 days of leaving City employment (excludes deferred retirement), shall receive employment service credit, for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours said employee is eligible to receive and elects to receive in compensation at the time of retirement, pursuant to Section 5.1.6 Compensation for Unused Portion (Sick leave Payoff). IN 5.1.6 Compensation for Unused Portion By resignation, i s ! or death, ,, employee i! i.. i leaves good r !! shall receive compensation ! allaccrued, iisickleave based upon therateofthreepercent (3) i each t i ofservice up to ..maximum of percent ... (50%) of their leave t i i..si 5.2 VACATION Eligibility Annual iwith i tshall be granted ieach i ! b .. employee. .. ileave i s accrued shall be prorated for i employees i! ii i ! lessthan time.Employees be permitted touse accrued vacationleave t i after months of employment i i # i to i approval of the Police Chief. w of Accrual Vacation benefitsshall accrue duringthe probationary !!r! s i ii Each regular time employee (part-time i! r employees s i prorated) shallcommence to accrue vacation at i following rate ! continuous For e purposeofthis section,one i t equals eight ! hours. years 15 days or hours i t 16 i t ! shours i r days ihours 18 days or 144 hours • i • days or ! 20 days or 160 hours ".,21daysor 6ihours i s days ihours i s days ihours 24days ! •hours 15 years plus 25 days or 200 hours ! i111111111111 The City Manager, upon the recommendation of the Police Chief, may advance un -accrued vacationto any permanent regularand part time employee. .• employee leaves employment, before accruing the used vacation leave, said employee will reimburse the City the valueof " advanced vacation In recognitionof exempt .. from 1timeoAJor vacation leave r ! #! i shall! be deducted from the employees' accrual, unless the employee is absent for the full work day. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any onetime,shallbe determined by e PoliceChiefparticularregard for the needsof but !insofarpossible, ! ! .• !thewishesof •. employee. In the event one or ! "City holidaysan annual vacationleave,such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees ! terminatetheir! be paid in a lumpsumfor accruedvacatio leave earned prior to the effective date of termination. a 5.2.4 Vacation Cap No employee may accrue more than 250 hours vacation leave. Vacation accruals will resume once the employee 's accumulated vacation balance falls below the allowable cap limit. Employees may, for special situations (i.e., extended medical leave), request an increase in their cap. Each request would need to be in writing, submitted through the department, and receive the approval of the Police Chief and the City Manager. Such requests would be reviewed on a case-by-case basis and would be evaluated based on the reason for the request. This additional vacation accrual could not exceed one-half of the employee's regular annual vacation accrual. In no case would the addon over the cap be extended beyond one additional year. New Years Day Martin Luther King Day Washington's Birthday Lincoln's Birthday Cesar Chavez Day Memorial Day Independence Day Labor Day Admission Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day 5.4 OTHER LEAVE 5.4.1 Administrative Leave Mid -Management employees in this Association shall receive eighty (80) hours of Administrative Leave each calendar year subject to the approval of the Police Chief and the City Manager. Unused Administrative Leave does not carry over from one calendar year to the next, nor are unused balances paid off upon an employee's resignation. In recognition of exempt status from FLSA time off for Administrative leave purposes shall not be deducted from employee's accrual, unless the employee is absent for the full work day. In the event of the death of an employee's spouse, registered domestic partner, child, parent, brother, sister, in-laws, grandparent, grandchild or relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to three (3) days of accrued sick leave within the state and up to five (5) .tays of accrued sick leave out-of-state may be granted for bereavement leave. In those cases where the death involves an individual who had such a relationship with the employee as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Police Chief as part of the request for bereavement leave. 5.4.3 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 IE a. The employee has reached a maximum medical improvement and/or hasbeen determined "permanent and stationary 7) ; b. The employee has been determined to be unable to return to their usual and customary occupation, with or without reasonable accommodation. Given the above has occurred, the next steps would include: a. The interactive process; attempt to locate other appropriate employment within the City. none available proceed with termination process, including disability retirement application and/or Skelly process, if appropriate. Medical Leave of Absence Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the Police Chief for approval and reviewed by the Human Resources Director for consistency with the law prior to approval. Employees approved for this type of leave must use [a appropriate accrued and unused vacation leave and/or compensatory time before going on leave without pay status. Accrued and unused sick leave may be used if requested. Sick leave usage is to be consistent with the sick leave provisions of the MOU. To be eligible for this family leave benefit, an employee must have worked for the City of San Rafael for at least 12 months and have worked a minimum of 1250 hours in the previous 12 month period. For details, please see the City's FMLA policy located on the Intranet (hft intranet. fsanrafael.o[g). An unauthorized absence of an employee for three consecutive work days shall constitute an automatic resignation from City service. 7-4 All employees of the Police Department should refer to the Citywide Catastrophic Leave Policy located on the City's Intranet (b#p§.//i ntra net. cityofsa n rafael. org). The established work week for the Police Department shall be 00:01 hours Sunday through 24:00 hours Saturday. Job classifications covered by this Memorandum of Understanding woulli'. be scheduled to work during normal business working hours, Monday through Friday. 171-132 • Police Lieutenants and Police Captains have the option of working a 4-10 or 5-8 plan as shown below: 11M 1111 11, q I III q �Iq IIIII The following special provisions for the payment of overtime will apply to (the FLSA exempt) Police Lieutenants and Police Captains. `11111111 li 1, � iprir i I Employees shall be compensated at the overtime rate for the highest Police Sergeant as determined by the Police Department Business Office and shall not exceed grant limitations for extended hours worked for special events and grant operations which are compensated outside of the City's General Fund. Police Lieutenants and Police Captains will only be allowed to work overtime on such assignments under any of the following circumstance: 111111!1111111 q I qil I i I I I Lt. Backfill of a vacant sworn officer position if the overtime opportunity has been posted for at least seven (7) days and remains unfilled, or if the vacancy remains unfilled less than forty-eight (48) hours prior to the event. Both parties understand and agree that nothing within this overtime provision shall alleviate represented employees from management duties during special events and grant operations. a Definition Four (4) consecutive ten (10) hour days with three (3) consecutive days off. Five (5) consecutive eight (8) hour days with two (2) consecutive days off. 11M 1111 11, q I III q �Iq IIIII The following special provisions for the payment of overtime will apply to (the FLSA exempt) Police Lieutenants and Police Captains. `11111111 li 1, � iprir i I Employees shall be compensated at the overtime rate for the highest Police Sergeant as determined by the Police Department Business Office and shall not exceed grant limitations for extended hours worked for special events and grant operations which are compensated outside of the City's General Fund. Police Lieutenants and Police Captains will only be allowed to work overtime on such assignments under any of the following circumstance: 111111!1111111 q I qil I i I I I Lt. Backfill of a vacant sworn officer position if the overtime opportunity has been posted for at least seven (7) days and remains unfilled, or if the vacancy remains unfilled less than forty-eight (48) hours prior to the event. Both parties understand and agree that nothing within this overtime provision shall alleviate represented employees from management duties during special events and grant operations. a IN lim Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation which is available on the City's Intranet website. 6.4.5 Wireless Communication Policy Union members agree to adhere to the provisions of the City's Wireless Communication Policy which is available on the City's Intranet Website. 6.4.6 Use of City Vehicle The City agrees to allow all currently represented classified positions covered by this agreement (Police Captain and Police Lieutenant) the r• department vehicles, as practiced on r!. the MOU was adopted by the City Council for FY 91-92, as they are expected to respond to emergencies. During the term of this contract the Police Chief and members of this Association shall meet and confer on the development of a specific policy related to City Vehicle Use. 6.4.7 Temporary Modified Duty Policy The purpose of this temporary modified duty program is to minimize the loss of productive time, while at the same time reintroducing the employee to work sooner to prevent deterioration of skills, facilitate recovery and reduce income loss. Modified duty assignments will be structured so that employees are not placed in a duty status that would aggravate or re -incur an injury or illness. Moded duty assignments are to be limited to temporary periods and are not to be used to create a permanent modified duty assignment. 1 Covera Any employee who suffers a temporary and partial disability due to an industrial or non- industrial injury or illness will be covered by this modified duty program. 2. Determination/Required Reports a. Modified Duty assignments may be made following evaluation and determination by the Police Chief. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determination will also be based on the needs of the City and the impact of modified duty departmental operations. b. After the initial report, updated medical reports shall be submitted to the Police Chief at two week intervals, or at other agreed upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non -industrial injuries or illnesses regardless of whether or not a modified duty assignment has been made. c. Reports will be evaluated by the Police Chief for purposes of continuing or terminating a current modified duty assignment or to determine when to commence a modified duty assignment. 3. Modified Duty Assignments - Definitions/Restrictions a. Modified duty assignments may consist of reduced work hours, limited work or any combination thereof. b. Modified duty assignments will not adversely affect the employee's normal wage rate or retirement benefits. c. Modified duty assignments will be within the employee's assigned department and will involve work which is consistent with the duties of the employee's classification. d. When feasible, modified duty assignments will be during the employee's normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee it assigned modified duty during normal office hours of 8-00 a.m. to 5:00 p.m. Monday through Friday. IN e. Specific modified duty assignments will be developed based upon a case by case review of the medical restrictions, so as not to aggravate or reincur an injury or illness. f. Employees will not be placed in modified duty assignments that, in the normal course of events, will require that they provide direct field emergency response. 4. Holiday Nacations a. Holidays shall be observed in accordance with the modified duty assignment work hours and work week. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take the holiday off, so shall the modified duty employee. If the employees are assigned to work hours on a work holiday, so shall the moded duty employee. Compensation for holidays shall be in accordance with applicable Memorandum of Understanding or the Personnel Rules and Regulations. b. Employees assigned to modified duty shall take their assigned (selected) vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been enjoyed by the employee if they had remained on full duty. Employees may reschedule their assigned (selected) vacation with the approval of the Police Chief, provided the rescheduling does not result in increased costs or lost time to the City for relief personnel to cover the rescheduled vacation. 5. Return to Full Employees will be returned to full duty as soon as possible following medical certcation that the employee is able to resume the full duties of his or her classification. 6.5 MISCELLANEOUS 6.5. 1 Gratuities / Solicitation of Contributions All employees of the Police Department should refer to Departmental Rules and Regulations 300.48 and 300.50 for the rules and procedures related to gratuities/solicitation. 6.5.2 Return of City Equipment Upon termination of employment, all tools, equipment, and other City property assigned to any employee shall be returned to the employee's supervisor. 6.5.3 Political Activity The political activity of City employees shall comply with pertinent provisions of State and Federal Law. 6.5.4 Employment of Relatives The City retains the right: 1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security or morale. 2. To refuse to place both parties to a relationship in the same department, division or facility where such has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interest. ME 7 PROCEDURES 7.1 DEMOTION &SUSPENSION 7.1. 1 Demotion The City Manager or his/her designee may demote an employee when the following occurs: a. The employee fails to perform his/her required duties. b. The need for a position which an employee fills no longer exists; c. An employee requests such a demotion. a Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and suspension resulting in loss of pay. The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging in strikes 7 individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. 1 11 IIIIIIIIqI II! 1� I IIIIIIII I � ; 11111111111 r 1 1 111 a. Fraud in securing appointment. b. Negligence of duty. c. Violation of safety rules. d. Unacceptable attendance record including tardiness, overstaying lunch or break periods. e. Possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotic or dangerous drugs during working hours. f. Inabty, unwngness, refusal or failure to perform work as assigned, required or directed. g. Unauthorized soliciting on City property or time. h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. i. Unacceptable behavior toward (mistreatment or discourteousness to) the general public or fellow employees or officers of the City. j. Falsifying employment application materials, time reports, records, or payroll documents or other City records. k. Disobedience to proper authority. 1. Misuse of City property. m. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations. n. Disorderly conduct, participation in fights, or brawls. o. Dishonesty or theft. p. Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action. q. Failure to perform to an acceptable level of work quality and quantity. r. Insubordination. s. Other acts inimical to the public service. 7.3.2 Appeals If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case through the appropriate procedure (Article 7.4). Such appeal must be filed with the City Manager by the employee in writing within five (5) working days from the date of the discipline/discharge; unless so filed the right of appeal is lost. KX IN No Arbitrator shall entertain hear, decide or make recommendations on any dispute involving - J C position over which a recognized employee organization has jurisdiction unless such dispute falls within the definon of grievance as hereinabove set forth in paragraph (1) of this section. Proposals to add to or change this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be grievable and nor proposal to modify, amend or terminate this Memorandum of Understanding, not any matter or subject under this section; an( no Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or condons of employment. No changes in the Memorandum of Understanding or interpretation thereof will be recognized unless agreed to by the City Manager and the Association. A hearing before the arbitrator shall be held within 60 days of the selection of the arbitrator unless the arbitrator's schedule does not so permit, and the arbitrator shall render a deon -which is binding on the parties hereto, to the extent permitted by the Charter of the City. 7.5 REDUCTION IN FORCE In reduction of force, the last employee appointed within the represented classification shall be the first employee laid off, and in re -hiring, the last employee laid off shall be the first employee reed until the list of former employees is exhausted, provided that the employee retained or re -hired is capable, in the opinion of the City, to perform the work required. An employee laid off from City, services prior to being re -hired must pass the physical examination administered by a City -appointed physician and must pass the background check administered by the Police Department. The names of employees laid off shall be placed on a Re-employment Eligibility List as hereinafter specified. The Re-employment Eligibility List shall consist of names of employees and former employees having probationary or permanent status who were laid off in that classification. The rank order on such lists shall be determined by relative seniority as speced above. Such list shall take precedence over all other eligible lists in making appointments to the classification in which the employee worked. The name of any person laid off shall continue on the appropriate Re-employment Eligible List for a period of one (1) year after it is placed thereon. The names of any eligible employees on a Re-employment Eligibility List shall be automatically removed from said list at the expiration of the appropriate period of eligibility. RE 93M.AFAEL 130� CE MID -MANAGEMENT CITY OF SAN RAFAEL: Date _,�ck Hughdd, Lead Aegotiator A _iorney, Liebert Cassidy Whitmore Human Resources Director MR 00 N M T- C) C) N Co INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SR CC AGENDA ITEM NO. DATE OF MEETING: August 19, 2013 FROM: Anil Comelo, Human Resources Directoj DEPARTMENT: Human Resources / Management Services DATE: August 12, 2013 TITLE OF DOCUMENT: RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MIOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL POLICE MID - MANAGEMENT ASSOCIATION (JULY 11 2013 THROUGH JUNE 3012014) 1§=p -, -114N71"111" 03 APPROVED AS COUNCIL / AGENCY AGE W—DA ITEM: L --- MOM 10 1* I W, MIS W N wd on, 'Me ffim '11w2AIMM APPROVED AS TO FORM. 7!j P -A City Attorney {signaturey