HomeMy WebLinkAboutCC Resolution 12967 (MOU WCE)RESOLUTION NO. 12967
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL PERTAINING TO THE COMPENSATION AND WORKING
CONDITIONS FOR EMPLOYEES REPRESENTED BY THE
WESTERN COUNCIL OF ENGINEERS (WCE)
(One year agreement from July 1, 2010 through June 30, 2011)
WHEREAS, the City of San Rafael and WCE, herein known as the Union, have
met and conferred with regard to wages, hours and working conditions in accordance with
the provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding pertaining to the one-year period
from July 1, 2010 through June 30, 2011 has been executed by duly authorized
representatives for both parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: From and after the date of adoption of this Resolution, the City of
San Rafael and the Union shall utilize the Memorandum of Understanding for the
period beginning July 1, 2010, attached hereto, as the official document of
reference respecting compensation and working conditions for employees
represented by the Union.
Section 2: The schedules describing classes of positions and salary ranges
are attached to said Memorandum of Understanding and, together with the
Memorandum of Understanding itself, are herby adopted and shall be attached
hereto and incorporated in full.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael, held on Monday, the 7th of June, 2010, by the following
vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Esther C. Beirne, City Clerk
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
WESTERN COUNCIL OF ENGINEERS
JULY 1, 2010 - JUNE 30, 2011
TABLE OF CONTENTS
1 GENERAL PROVISIONS..............................................................................
1.1 INTRODUCTION.................................................................................................
1.1.1 Scope of Agreement......................................................................................
1.1.2 Term of MOU.................................................................................................
1.2 RECOGNITION..................................................................................................
1.2.1 Bargaining Unit...............................................................................................
1.2.2 Notice to Employees......................................................................................
1.3 NON-DISCRIMINATION.......................................................................................
1.3.1 In General.......................................................................................................
1.3.2 Union Discrimination......................................................................................
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING ..........................................
1.5 EXISTING LAWS, REGULATIONS & POLICIES......................................................
1.6 STRIKES & LOCKOUTS.....................................................................................
1.7 SEVERABILITY..................................................................................................
1.8 PREVAILING RIGHTS.........................................................................................
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER ...............................................
1.9.1 Understanding................................................................................................
1.9.2 Waiver & Modification....................................................................................
2 MMBA...............................................................................................................
2.1 UNION RIGHTS.................................................................................................
2.1.1 Union Stewards Designation..........................................................................
2.1.2 Bulletin Boards...............................................................................................
2.2 DUES DEDUCTION............................................................................................
2.2.1 Collection of Dues..........................................................................................
2.2.2 Dues Collection during Separation from Employment ...................................
2.2.3 Agency Shop..................................................................................................
2.2.4 Indemnification...............................................................................................
2.3 MANAGEMENT RIGHTS.....................................................................................
2.4 COMMENCEMENT OF NEGOTIATIONS.................................................................
3 COMPENSATION...........................................................................................
3.1 GENERAL WAGES AND COMPENSATION............................................................
3.1.1 Pay Dates.......................................................................................................
3.1.2 General Wage Increase — FY 09/10..............................................................
3.1.3 Compensation Goal & Definitions..................................................................
3.1.4 Compensation Surveys..................................................................................
3.1.5 Compensation Plan........................................................................................
3.2 STEP INCREASES.............................................................................................
3.2.1 Entry Level Step.............................................................................................
3.2.2 Consideration for Step Increases...................................................................
3.2.3 Merit Increases...............................................................................................
3.2.4 Anniversary Date............................................................................................
3.2.5 Promotions.....................................................................................................
3.2.6 Performance Evaluations...............................................................................
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..............................................................................
3.4 SPECIFIED WAGE ADJUSTMENTS I DIFFERENTIALS ............................................
3.4.1 Out of Class Compensation...........................................................................
3.4.2 Shift Differential Pay.......................................................................................
3.5 ADDITIONAL PAY..............................................................................................
3.5.1 Required Professional Licenses and Registration .........................................
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3.5.2
Professional Development...........................................................................................................9
3.5.3
Allowable Expenses.....................................................................................................................9
3.5.4
Procedures for Reimbursement...................................................................................................9
3.5.5
Bilingual Pay..............................................................................................................................10
3.5.6
Uniform Allowance.....................................................................................................................10
3.6
REVENUE SHARING......................................................................................................................10
3.6.1
Conditions for Revenue Sharing................................................................................................10
3.6.2
Revenue Definitions & Revenue Sharing Calculations..............................................................11
3.6.3
Schedule....................................................................................................................................11
4
BENEFITS....................................................................................................................................12
4.1
EMPLOYEE BENEFITS COMMITTEE................................................................................................12
4.2
HEALTH & WELFARE....................................................................................................................12
4.2.1
City Contribution.........................................................................................................................12
4.2.2
Full Flex Cafeteria Plan..............................................................................................................12
4.2.3
Pay Back Provision....................................................................................................................13
4.2.4
Retirees Health Insurance..........................................................................................................13
4.2.5
Pro Rata Benefit Rules...............................................................................................................13
4.2.6
Health and Dependent Care Spending Accounts......................................................................14
4.2.7
Health Insurance Providers........................................................................................................14
4.3
DENTAL PLAN..............................................................................................................................14
4.3.1
Dental Plan.................................................................................................................................14
4.4
RETIREMENT CONTRIBUTION.........................................................................................................14
4.4.1
City Paid Employee Retirement (City Paid Member Contribution)............................................14
4.4.2
Retirement Plans........................................................................................................................15
4.4.3
Member Cost of Living Rates.....................................................................................................15
4.4.4
Pension Costs............................................................................................................................15
4.5
STATE DISABILITY INSURANCE (SDI).............................................................................................15
5
LEAVES........................................................................................................................................16
5.1
SICK LEAVE.................................................................................................................................16
5.1.1
Eligibility.....................................................................................................................................16
5.1.2
Sick Leave Accrual.....................................................................................................................16
5.1.3
Use of Sick Leave......................................................................................................................16
5.1.4
Advance of Sick Leave...............................................................................................................16
5.1.5
Service Credit for Sick Leave.....................................................................................................15
5.1.6
Compensation for Unused Sick Leave.......................................................................................17
5.2
VACATION LEAVE.........................................................................................................................17
5.2.1
Eligibility.....................................................................................................................................17
5.2.2
Rate of Accrual...........................................................................................................................17
5.2.3
Administration of Vacation Leave..............................................................................................17
5.2.4
Vacation Cash-In........................................................................................................................18
5.3
HOLIDAYS....................................................................................................................................18
5.3.1
Paid Holidays.............................................................................................................................18
5.4
OTHER LEAVES............................................................................................................................19
5.4.1
Bereavement Leave...................................................................................................................19
5.4.2
Jury Duty....................................................................................................................................19
5.4.3
Military Leave.............................................................................................................................19
5.4.4
Leave of Absence Without Pay..................................................................................................19
5.4.5
Industrial Injury Leave................................................................................................................19
5.4.6
Family Medical Leave................................................................................................................20
5.4.7
Catastrophic Leave....................................................................................................................20
6
TERMS & CONDITIONS OF EMPLOYMENT......................................................................20
6.1
HOURS OF WORK.........................................................................................................................20
6.2
OVERTIME....................................................................................................................................20
6.3
COMP TIME POLICY......................................................................................................................21
6.3.1
Accrual Limit...............................................................................................................................21
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6.3.2
Overtime Rate............................................................................................................................21
6.4
STAND BY OR CALL BACK DUTY..................................................................................................21
6.4.1
Compensation When Not Assigned to Call Back Duty..............................................................21
6.5
PROBATIONARY PERIOD...............................................................................................................21
6.5.1
Purpose of Probation.................................................................................................................21
6.5.2
Probationary Period...................................................................................................................21
6.5.3
Rejection During Probation........................................................................................................21
6.5.4
Notification of Rejection.............................................................................................................21
6.5.5
Extension of Probationary Period..............................................................................................21
6.5.6
Regular Status...........................................................................................................................21
6.5.7
Promotion of Probationary Employee........................................................................................22
6.5.8
Unsuccessful Passage of Promotional Probation......................................................................22
6.5.9
Lateral Transfer Probation.........................................................................................................22
6.6
TRANSFERS / REASSIGNMENTS.....................................................................................................22
6.6.1
Minimum Qualifications & Probation..........................................................................................22
6.6.2
Transfer Procedures..................................................................................................................22
6.7
PERSONNEL RULES & REGULATIONS............................................................................................23
6.7.1
Drug & Alcohol Policy.................................................................................................................23
6.7.2
Confidential Nature of Personnel Records.................................................................................23
6.7.3
Confidential Nature of Medical Records....................................................................................23
6.7.4
Outside Employment Policy.......................................................................................................23
6.7.5
Use of City Vehicle.....................................................................................................................23
6.7.6
Safety Policy..............................................................................................................................23
6.8
MISCELLANEOUS..........................................................................................................................24
6.8.1
Gratuities/Solicitation of Contributions.......................................................................................24
6.8.2
Return of City Equipment...........................................................................................................24
6.8.3
Political Activity..........................................................................................................................24
6.8.4
Employment of Relatives...........................................................................................................24
6.8.5
Labor/ Management Meetings..................................................................................................24
6.8.6
Contract Orientation Work Sessions..........................................................................................24
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PROCEDURES............................................................................................................................24
7.1
DEMOTION & SUSPENSION............................................................................................................24
7.1.1
Demotion....................................................................................................................................24
7.1.2
Suspension................................................................................................................................25
7.2
TERMINATION OF EMPLOYMENT....................................................................................................25
7.2.1
Resignation................................................................................................................................25
7.2.2
Termination - Layoff (Lack of work or funds).............................................................................25
7.2.3
Termination - Disciplinary Action...............................................................................................25
7.2.4
Retirement..................................................................................................................................25
7.2.5
Rejection During Probation........................................................................................................25
7.3
DISCIPLINARY ACTION..................................................................................................................25
7.3.1
Right to Discipline & Discharge..................................................................................................25
7.3.2
Preliminary Notice......................................................................................................................26
7.3.3
Disciplinary Action and Appeal...................................................................................................26
7.3.4
Harassment Policy.....................................................................................................................27
7.4
GRIEVANCE PROCEDURE..............................................................................................................27
7.4.1
Definition....................................................................................................................................27
7.4.2
Procedure...................................................................................................................................27
7.4.3
Arbitration...................................................................................................................................28
7.4.4
General Provisions.....................................................................................................................28
7.5
POSITION RECLASSIFICATION.......................................................................................................29
7.6
FURLOUGH PROGRAM..................................................................................................................29
7.6.1
Voluntary Time Off (VTO)..........................................................................................................29
7.6.2
Mandatory Time Off (MTO)........................................................................................................30
7.7
REDUCTION IN FORCE...................................................................................................................30
7.7.1
Authority.....................................................................................................................................30
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7.7.2 Notice..............................................................................................................
7.7.3 Order of Layoff................................................................................................
7.7.4 Seniority..........................................................................................................
7.7.5 Bumping Rights...............................................................................................
7.7.6 Transfer Rights................................................................................................
7.8 RE-EMPLOYMENT..............................................................................................
7.8.1 General Guidelines.........................................................................................
7.8.2 Right to Re-Employment.................................................................................
7.8.3 Time Limits......................................................................................................
7.8.4 Availability.......................................................................................................
7.8.5 Probationary Status.........................................................................................
7.8.6 Restoration of Benefits....................................................................................
7.8.7 Layoff Procedure Notification..........................................................................
LIST OF EXHIBITS
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Exhibit A Salary Schedules for July 1, 2010 — June 30, 2011
Exhibit B Classification/Compensation Summary: Benchmark Linkages
IV
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
WESTERN COUNCIL OF ENGINEERS
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, 2010 and ending June 30, 2011.
1 GENERAL PROVISIONS
1.1 INTRODUCTION
1.1.1 Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed
upon by the designated bargaining representatives of the City of San Rafael (herein -after called
"CITY") and the Engineering Unit employees as represented by the Western Council of
Engineers (herein -after called "WCE") and shall apply to all employees of the City working in the
classifications and bargaining unit set forth herein.
1.1.2 Term of MOU
This agreement shall be in effect from July 1, 2010 through June 30, 2011.
1.2 RECOGNITION
1.2.1 Bargaining Unit
The City hereby recognizes the Western Council of Engineers as the bargaining representative
for purpose of establishing salaries, hours, fringe benefits and working conditions for all
employees within the WCE. (As referenced in Exhibit "A" and "B" attached).
1.2.2 Notice to Employees
Whenever a person is hired in any of the job classifications set forth herein, the City shall notify
such person that the Western Council of Engineers is the recognized bargaining representative
for employees in that classification.
1.3 NON-DISCRIMINATION
1.3.1 In General
The parties to this contract agree that they shall not, in any manner, discriminate against any
person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual
orientation, marital status, medical condition or disability. Any employee alleging such
discrimination should use the internal administrative process explained in the City Policy against
Harassment, Discrimination and Retaliation which is available on the City's Intranet website to
redress the situation. Such employees shall be entitled to WCE 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 WCE 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 WCE.
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the WCE agree to keep duplicate originals of this Memorandum on file in a
readily accessible location available for inspection by any employee or member of the public
upon request.
1.5 EXISTING LAWS, REGULATIONS & POLICIES
This agreement is subject to all applicable laws of the State of California, and ordinances,
regulations, and policies of the City of San Rafael.
1.6 STRIKES & LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out employees, and the
WCE 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 WCE will take whatever lawful steps
are necessary to prevent any interruption of work in violation of this Agreement, recognizing with
the City that all matters of controversy within the scope of this Agreement shall be settled by
established procedures set forth in the City's charter, ordinances, and regulations, as may be
amended from time to time.
1.7 SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation
of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of
any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not
be affected thereby, and the parties shall, if possible, enter into meet -and -confer sessions for
the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or
section.
1.8 PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted
through rules, regulation, ordinance or resolution, which are not specifically superseded by this
Memorandum of Understanding shall remain in full force and effect throughout the term of this
Agreement.
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1 Understanding
The parties jointly represent to the City Council that this Memorandum of Understanding 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.
Z MMBA
2.1 UNION RIGHTS
2. 1.1 Union Stewards Designation
The WCE shall, by written notice to the City Manager, designate certain of its members as WCE
Officers. WCE Officers shall be permitted reasonable time for WCE activities including
grievance representation. In all cases, the Officers shall secure permission from the Officer's
supervisor before leaving a work assignment. Such permission shall not be unreasonably
withheld.
WCE Officers for salary discussions shall be in accordance with the Meyers-Milias-Brown
(MMB) Act.
2.1.2 Bulletin Boards
Authorized representatives of the WCE shall be allowed to post WCE notices on specified
bulletin boards maintained on City premises.
2.2 DUES DEDUCTION
2.2.1 Collection of Dues
The City agrees to deduct dues and voluntary WCE deductions selected by members as
established by the WCE, from the salaries of its members. The sums so withheld shall be
remitted by the City, without delay, along with a list of employees and their respective dues and
voluntary deductions. The WCE bears responsibility for allocating dues and voluntary
deductions pursuant to employees' requests.
2.2.2 Dues Collection during Separation from Employment
The provisions specified above (Section 2.2.1.) shall not apply during periods of separation from
the WCE 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 WCE. The term separation includes
transfer out of the WCE, 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, WCE
employees may opt to join the WCE or register as a fee payer during the first thirty (30) days of
their employment. Neither the City nor the WCE will discriminate against any employee
because of the exercise of their statutory rights. The WCE agrees to its obligation to represent
all of the employees in the unit fairly and equally, without regard to their membership in the
WCE.
All employees, as a condition of employment, either be required to belong to the WCE or to pay
to the WCE 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 WCE at the time of employment. Note:
The WCE is obligated to annually inform the City of the fair share amount.
W
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 WCE dues.
The WCE shall notify the City in writing as to the amount of such dues uniformly required of all
members of the WCE.
2.2.4 Indemnification
Moneys withheld by the City shall be transmitted to the Treasurer of the WCE at the address
specified. The WCE 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 WCE shall refund to the City any amount
paid to it in error upon presentation of supporting evidence.
2.3 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and exclusively, all rights of management
which have not been expressly abridged by specific provision of this Memorandum of
Understanding or by law to manage the City, as such rights existed prior to the execution of this
Memorandum of Understanding. The sole and exclusive rights of management, as they are not
abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy;
2. To determine the existence of facts which are the basis of the management decision;
3. To determine the necessity of any organization or any service or activity conducted by
the City and expand or diminish services;
4. To determine the nature, manner, means, technology and extent of services to be
provided to the public;
5. Methods of financing;
6. Types of equipment or technology to be used;
7. To determine and/or change the facilities, methods, technology, means and size of the
work force by which the City operations are to be conducted;
8. To determine and change the number of locations, re -locations and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to, the right (after effects bargaining) to contract for or subcontract any work or
operation of the City;
9. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments;
10. To relieve employees from duties for lack of work or other legitimate reasons;
11. To discharge, suspend, demote or otherwise discipline employees for proper cause in
accordance with the provisions and procedures set forth in City Personnel Rules and
Regulations and this MOU;
12. To determine job classifications and to reclassify employees;
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13. To hire, transfer, promote and demote employees in accordance with this Memorandum
of Understanding and the City's Rules and Regulations;
14. To determine policies, procedures and standards for selection, training and promotion of
employees;
15. To establish and modify employee and organizational performance and productivity
standards and programs including but not limited to, quality and quantity standards; and
to require compliance therewith;
16. To maintain order and efficiency in its facilities and operations;
17. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement;
18. To take any and all necessary action to carry out the mission of the City in emergencies.
The City and the Union agree and understand that if, in the exercise of any of the rights set forth
above, the effect of said exercise of rights by the City impacts an area within the scope of
representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts,
and/or Federal law, the City shall have the duty to meet and confer with the Union regarding the
impact of its decision/exercise of rights.
2.4 COMMENCEMENT OF NEGOTIATIONS
It is mutually agreed to begin the Meet and Confer process no later than three (3) months before
the expiration date of this MOU, regarding the terms and conditions applicable to successor
MOUs. The process will be initiated by the Union through the submittal of potential meeting
dates.
3 COMPENSATION
3.1 GENERAL WAGES AND COMPENSATION
3.1.1 Pay Dates
City employees are paid twice per month on the 15th and the last working day of the month.
When a 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 Director of Finance.
3.1.2 General Wage Increase — FY 10/11
During the fiscal year of July 1, 2010 through June 30, 2011, WCE agrees to a 0% salary
increase.
3.1.3 Compensation Goal & Definitions
It is the goal of the City Council to try to achieve a total compensation package for all employees
represented by the WCE in an amount equal to the following:
1. The average plus one dollar to the total compensation paid to the same or similar
classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San
Leandro, Alameda, Napa, Novato, Santa Rosa and,
2. The highest total compensation paid to the same or similar classifications in the
following agencies in Marin County: Marin County, Novato and the Jr. Engineering
class for the Marin Municipal Water District.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding
longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid
deferred compensation (except for such portion that may be part of employee cafeteria plan),
employer's contribution towards employees' share of retirement, employer's retirement
contribution, employer paid contributions toward insurance premiums for health, life, long term
disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.
3.1.4 Compensation Surveys
To measure progress towards the above -stated goal, the City and WCE will jointly survey the
identified benchmark position, Assistant Engineer, in September of the final year of the contract.
However, if General Tax Revenues, as defined in Section 3.6.2 have not increased over the
prior fiscal year, then the City and WCE 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 WCE shall
review the benchmark and related survey data for accuracy and completeness.
During the 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 the year of this contract (as outlined in Section 3.1.3). The City and
WCE 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).
3.1.5 Compensation Plan
The Compensation Plan adopted by the City Council shall provide for salary schedules, rates,
ranges, steps and any other special circumstances or items related to the total compensation
paid employees.
Each position within the classified services shall be allocated to its appropriate class in the
classification plan on the basis of duties and responsibilities. Each class shall be assigned a
salary range or a rate established in the salary plan. All persons entering the classified service
shall be compensated in accordance with the salary plan then in effect.
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 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.
C7
3.2 STEP INCREASES
3.2.1 Entry Level Step
All initial employment shall be at the first step of the salary range, provided that the Department
Director may make an appointment to a position at an appropriate higher salary when, in 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. City Manager approval is
required for entry level appointment above Step C for any position.
3.2.2 Consideration for Step Increases
An employee may be considered for a salary step increase in accordance with the time interval
established in the salary plan, as referenced in Exhibit "A". Unless otherwise noted, salary step
increases within established salary ranges are scheduled at yearly intervals. Advancement to a
higher salary step within an established salary range is granted for continued improvements and
efficient and effective work by the employee in the performance of 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 Director 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
Based upon job performance as measured by a Performance Evaluation, employees may
receive consideration for a step increase within their salary range on their anniversary date.
When an employee is promoted or reclassified to a new position, the first pay date at the new
position shall constitute the employee's new anniversary date for purposes of the annual
Performance Evaluation.
3.2.5 Promotions
Employees promoted to higher-level positions shall be placed at the step in the new salary
range that will provide, at a minimum, a five (5%) increase (unless that would exceed the top
step in the salary range).
3.2.6 Performance Evaluations
Prior to the completion of the probationary period, a minimum of one performance evaluation
report shall be reviewed with the employee, but such report and review shall not be required
prior to separating an employee during the probationary period if the City, in its discretion,
determines that the probationary employee has engaged in misconduct or other intentional acts
which warrant separation.
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.
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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 classification. If the incumbent is not successful in this
competitive process, she/he is assigned to the position vacated by the promotion.
3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
3.4.1 Out of Class Compensation
Employees assigned in writing by their supervisor to perform work in a higher paid classification,
shall be compensated at a rate 5% greater than the employee's current base salary. Eligibility
for Out -of -Class compensation requires a minimum assignment of five (5) consecutive
workdays. The out -of -class increase shall be retroactive to the first day of the assignment. If
the assignment extends beyond four consecutive weeks, then the employee shall be
compensated at the lower step of the classification within which the duties fall if that is greater.
The Department Director is required to complete a Personnel Action Report (PAR), located on
the Human Resources page of the Intranet, to initiate Out -of -Class Compensation.
3.4.2 Shift Differential Pay
• 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.
• 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.
• 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.
E'•1
• 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.
3.5 ADDITIONAL PAY
3.5.1 Required Professional Licenses and Registration
The City shall continue to reimburse employees for the fee charged by the State of California for
any renewal fees for their professional registration(s) as a Civil or Traffic Engineer, or for any
other engineering registrations which employees may hereafter receive, which are required by
the employee's position. Verification of the renewal of the professional registration is required in
order to receive the reimbursement.
3.5.2 Professional Development
For each year of this MOU, each employee shall receive reimbursement up to a maximum of
two hundred twenty-five dollars ($225.00) for professional development. The monies allocated
under this section shall be job-related and/or related to an employee's potential career
advancement in his/her field. It is agreed that the Professional Development Expenditure is not
a substitute for the Public Works' Department's training budget.
3.5.3 Allowable Expenses
Reimbursement under this Section is intended to include items which related to an employee's
job classification and/or which promote and enhance an employee's development of skills,
expertise and education in her/his profession. The items may include, but are not limited to the
following:
• Technical and educational books;
• Subscriptions to professional journals or magazines;
• Membership dues to professional organizations which are related to current
employment, including but not limited to the American Society of Civil Engineers, traffic
engineering associations and water engineering issues -related associations;
• Registration, application, or examination fees for registration or certification within his/her
profession, as well as for preparatory courses or materials for such a registration exam;
• Tuition, fees and books for successful completion of courses related to an employee's
job or professional development. If the course is graded, reimbursement will be
dependent upon at least a passing grade (C or better, Pass or Complete) in the course;
Registration fees, materials and expenses, including travel expenses, related to attendance at
seminars and conferences to be job related and/or will assist the employee to prepare for career
advancement, prior supervisor approval is necessary for this expense.
3.5.4 Procedures for Reimbursement
All receipts for reimbursement, whatever the aggregate value, must be submitted as soon as
possible after the expense is incurred, but must, in any event, be submitted before the end of
the fiscal year.
The decision as to whether expenditures under this section are eligible for reimbursement under
this section will be made by the Department Director or designee. Requests for reimbursements
will not be unreasonably denied. If the request for reimbursement is denied, the Department
0
Director or designee must state, in writing, the reasons for the denial. The employee and a
representative of WCE, if requested by the employee, shall meet with the Department Director
or designee to discuss the reasons for the denial, and the employee will have an opportunity to
state why such reimbursement is appropriate.
3.5.5 Bilingual Pay
Within the job classifications represented by the WCE, 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 Director for this bilingual pay incentive. With
the Department Director's recommendation and on review by the Human Resources Director
and approval of the City Manager the employee may begin to receive this bilingual pay
incentive.
Criteria for approval of the bilingual pay incentive by the City Manager includes:
a. Certification by a recognized school of the appropriate skill level; and/or
b. Demonstrated ability of the proficiency level on the job; and
c. Department Director's recommendation and statement that the bilingual skill of the
employee can be of value to the department and the employee in the completion of their
regular work assignments.
An employee approved for the bilingual pay incentive shall receive an additional $150.00 per
month above their base salary. Part-time employees will be pro -rated for this incentive based
on their FTE.
This bilingual pay incentive shall be reviewed annually and shall continue as long as the
employee demonstrates (by work experience or re -testing, as determined by the City of San
Rafael) the full fluency skill level; and as long as the Department Director indicates the value of
this skill to the department and the employee in the completion of their regular work
assignments.
Removal of the bilingual pay incentive would be considered a non -disciplinary action and as
such would not be subject to any appeal/grievance procedure.
3.5.6 Uniform Allowance
A safety shoe allowance of $130.00/year will be provided to members of WCE who have field
assignments in or about construction sites or have related activities. Payment shall be made on
the first paycheck in December.
3.6 REVENUE SHARING
3.6.1 Conditions for Revenue Sharing
Employees in WCE positions defined in this MOU shall receive Revenue Sharing Increases, in
accordance with the schedule in Section 3.6.3, in addition to the base salary increases, if the
following conditions are met:
a. If the total compensation goal, as outlined in Section 3.1.3 has not been reached, and,
b. If growth in General Tax Revenues, as defined in Section 3.6.2, have resulted in
revenues being available for distribution, and,
10
c. The "net change in General Fund Balance" is positive for two consecutive years and
d. The net change in the General Fund balance is at least $500,000.
e. The total amount of revenue shared will not exceed 2% of annual salary cost paid to all
employees in the bargaining unit.
If the above five conditions are met, then a Revenue Sharing salary increase shall be paid
prospectively, in accordance with the schedule in Section 3.6.3 and calculation in Section 3.6.2.
In no event will total compensation increases available through the revenue sharing provisions
of this contract and provided for WCE 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.
3.6.2 Revenue Definitions & 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 3.6.3. If General Tax Revenues have not increased over the prior fiscal
year, then the City and WCE will not complete the compensation survey as outlined in Section
3.1.4.
If total compensation of the top step benchmark positions has not reached the stated goal, then
WCE employees shall be entitled to a revenue sharing increase, subject to the conditions set
forth in Section 3.6.1. 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 10/11 Revenue Sharing Increase. If General Tax Revenues of the City for
fiscal year 2009-2010 exceed General Tax Revenues of the City for fiscal year 2008-
2009 as adjusted by 75% of the total compensation increases provided for fiscal year
2009-2010, then the members of the WCE shall be entitled to apply 3% of one-half (1/2)
of the excess of fiscal year 2009-2010 General Tax Revenues over fiscal year 2008-
2009 General Tax Revenues adjusted for 75% of the total compensation increases
provided to members in fiscal year 2009-2010, for a salary increase.
3.6.3 Schedule
a. September 7th- General Tax Revenues. The City shall make known to the WCE if
General Tax Revenues have grown from the prior fiscal year on September Ph 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 1st - Net Change in General Fund Balance. By November 1st of each
year, the City shall make known to the WCE 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
January 1St— Base Monthly Pay Increases. January 1St pay period shall be the start date (for
paycheck date of January 31St) for each Revenue Sharing Salary increase.
It
4 BENEFITS
4.1 EMPLOYEE BENEFITS COMMITTEE
Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of
benefit programs, cost containment and cost savings options. The Committee shall be made
up of representatives of the SEIU, SEIU-Childcare, Western Council of Engineers, Local 1 -
Confidential, Police, Police Mid -Management, Fire, Fire Mid -Management, Mid -Management
and Management employees.
4.2 HEALTH & WELFARE
4.2.1 Full Flex Cafeteria Plan
Effective January 1, 2010, the City implemented a Full Flex Cafeteria plan for active employees, in
accordance with IRS Code Section 125. Active employees participating in the City's full flex
cafeteria plan, shall receive a monthly flex dollar allowance to purchase benefits under the plan.
The monthly flex dollar allowance effective the paycheck of December 15, 2010 shall be:
For employee only: $ 632
For employee and one dependent: $ 1,247
For employee and two or more dependents: $ 1,353
Flex dollar allowances shall increase on the December 15t' paycheck of each subsequent year by
3%.
The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents, an amount not to exceed the California Public Employees' Medical and Hospital
Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of
the monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. The
balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be
used in accordance with the terms of the cafeteria plan to purchase health, employee voluntary
life insurance, and Healthcare and Dependent Care expenses or may be converted to taxable
income. For example, in calendar year 2010, a single employee's monthly flex dollar allowance
for health is $613 of that amount $105.00 has been designated by CalPERS as the City's
monthly PEMHCA contribution. The balance of $508 must be used to purchase other coverage
as offered through the cafeteria plan or may be converted to taxable income once the
appropriate health elections have been made.
If an employee has health insurance coverage through a spouse/dependent or a former
employer and provides proof of other coverage to the Human Resources Department, the
employee may elect to waive the City's health insurance coverage, and the employee shall
receive $300 in flex dollars in accordance with the terms of the cafeteria plan. The City reserves
the right to modify at any time, the amount an employee is eligible to receive under this
paragraph, if required by IRS Cafeteria Plan regulations.
The City shall be responsible for paying premiums for a life insurance and Accidental Death and
Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a
$5,000 life insurance and a $5,000 AD&D benefit.
The City shall be responsible for paying premiums for a Long Term Disability Policy for each
employee that satisfies the eligibility provisions of the long term disability policy. The Long Term
Disability policy shall provide for salary replacement of 66.67% of an individual's salary up to a
maximum disability benefit of $1,000 per month.
The City will contract for a vision plan and provide a flex dollar allowance for the purchase of vision
benefits. The flex dollar allowance for vision benefits shall be in addition to the flex dollar
allowance stated above. The allowance for vision benefits shall not exceed $10.55 per employee
per month. Employees will be eligible to enroll qualified family members and will pay the premium
for such enrollment.
4.2.2 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 $150/month through
December 31, 2009. Pay back is pro rated for part time employees covered by this Agreement.
4.2.3 Retirees Health Insurance
Employees represented by WCE who retire from the Marin County Employees' Retirement
Association (MCERA) within 120 days of leaving their City of San Rafael position (and who
comply with the appropriate retirement provisions under the MCERA laws and regulations) are
eligible to continue in the City's retiree group health insurance program offered through
PEMHCA. The City's contribution towards retiree coverage shall be the PEMHCA minimum
contribution as determined by CalPERS on an annual basis.
a. Longevity Payment for Employees hired 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, 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 $752 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.
b. Employees hired on or after January 1, 2010 and who meet the eligibility requirements
for retiree health insurance are eligible to continue in the City's group health insurance
program. The City's maximum contribution towards retiree coverage under this subsection,
4.2.4 B, shall be the PEMHCA minimum contribution as determined by CalPERS on an
annual basis. The City shall not be responsible for making any contributions towards the
cost of coverage of the retiree's spouse, registered domestic partner, or dependents upon
the employee's retirement from the City in excess of the PEMHCA minimum contribution as
required by CalPERS.
The City shall additionally make available a retiree health care trust to enable these
employees (hired after January 1, 2010) to prefund retiree health care premiums while
employed by the City. The retiree health care trust shall be funded by annual conversion of
50 hours of sick time in service on July 1 of each year, provided an employee has a
remaining balance of 75 hours of sick leave after the conversion.
4.2.4 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.
13
4.2.5 Health and Dependent Care Spending Accounts
The City will offer as part of its Section 125 Plan, for as long as such a plan is desired by the
WCE and available pursuant to the IRS Code, Health and Dependent Care Spending Accounts.
The Flexible Spending Accounts offered by the City include:
a. Healthcare Spending Account: 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.
b. Dependent Care Spending Account: Dependent care expenses that qualify under the
IRS Code at the IRS Code limit (currently $5,000 per calendar year). Employees are
responsible to pay the monthly administrative fee and any increase established by the
third party administrator.
c. Premium Only Plan: 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.
The City shall establish an annual enrollment period and each employee must re -enroll annually
for either plan noted in a. and/or b. The City shall have the authority to implement changes to
the 125 Programs to comply with changes in applicable IRS laws without having to go through
the meet and confer process.
4.2.6 Health Insurance Providers
The City shall have the option, after meeting and consulting with WCE representatives, of either
contracting with the Public Employees Retirement System (PERS) Health Benefits Division for
health insurance or contracting directly with some or all of the providers of health insurance
under the PERS program; provided, however, contracting directly with the providers shall not
cause any material reduction in insurance benefits from those benefits available under the
PERS program.
4.3 DENTAL PLAN
4.3.1 Dental Plan
The City will provide a dental insurance program which offers 100% coverage for diagnostic and
preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible
costs associated with crown and cast restoration per patient per calendar year and orthodontic
coverage for eligible dependents (50/50). The dental provider will provide payments for covered
services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each
enrollee in each calendar year.
Dental insurance enrollment is available to part time, regular, permanent employees working at
least 20 hours per week. The City's contribution towards the monthly dental insurance premium
will be prorated based on the FTE level of the part time employee.
4.4 RETIREMENT CONTRIBUTION
4.4.1 City Paid Employee Retirement (City Paid Member Contribution)
WCE 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.
4.4.2 Retirement Plans
On July 1, 2004, the City provided 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.
4.4.3 Member Cost of Living Rates
Association 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 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 at the time of retirement pursuant to
Section 5.1.6.) Compensation for Unused Sick Leave.
Employees hired on or after July 1, 2009 are not eligible to receive employment service credit of
any accrued, unused sick leave for retirement purposes.
4.4.5 Pension Costs
Within the time period covered by this MOU, representatives of the City and WCE will continue
to meet on the subject of reducing pension costs.
4.5 STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically deducted from their
paycheck and no City contribution will be made toward participation in the plan.
It is incumbent upon the employee to keep the City advised of their medical status, within
HIPAA guidelines, and eligibility for SDI. With this notification, SDI benefits, as determined by
the State, shall be integrated with accrued sick and vacation leave in the following manner:
a. Employee notifies supervisor of disability and need for time off. At the same
time, employee files for SDI through the State Office.
b. Supervisor verifies from leave records the employee's accrual balances and
projects whether or not employee would, under normal circumstances, be placed
in a leave without pay status during the time off period.
c. Personnel Action Report (PAR) is completed by the supervisor to document
request and approval of extended leave.
d. Human Resources Department, on receipt of the PAR, contacts employee and
supervisor to discuss availability of coordination of SDI with leave benefits.
e. Employee's time off is recorded as sick leave and, if necessary, then vacation
leave on time cards submitted by the supervisor to the Payroll Office.
15
f. Upon receipt of the SDI checks, the employee may elect to endorse the checks
over to the City of San Rafael to receive credit.
g. Based upon the employee's hourly rate of pay, the Payroll Office computes how
much used sick and/or vacation leave time the employee 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.
h. The Human Resources Department, after notification from Payroll, notifies the
employee when they have used all accrued sick and/or vacation time and when
leave without pay status (LWOP) begins. Excluding qualifying FMLA/CFRA
leave, 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 5.4.6.
S LEAVES
5.1 SICK LEAVE
5.1.1 Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at
an employee's discretion, but shall be allowed only in case of necessity and actual sickness or
disability. The employee is required to notify employee's immediate supervisor or Department
Director according to department Rules and Regulations at the beginning of his/her daily duties.
The City has the right to request a medical 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.
5.1.2 Sick Leave Accrual
All eligible full time employees shall earn sick leave credits at the rate of one (1) working day per
month commencing with the date of employment. Unused sick leave may be accumulated to
any amount but a cap exists for payoff purposes (see Section 5.1.6.). The sick leave accrual
rate is prorated for eligible part time employees.
5.1.3 Use of Sick Leave
An employee may use accrued sick leave during their probationary period. An employee
eligible for sick leave with pay shall be granted such leave for the following reasons:
1) Personal illness or physical incapacity of the employee or illness within the immediate
family. Family is defined as an employee's spouse, registered domestic partner,
unmarried children including adopted children, stepchildren, or recognized natural
children who live with the employee in a regular parent-child relationship, and parents
(including in-laws);
2) Enforced quarantine of the employee in accordance with community health regulations;
3) Medical appointments that cannot be scheduled during non -working hours.
5.1.4 Advance of Sick Leave
Whenever circumstances require, and with the approval of the City Manager, sick leave may be
taken in advance of accrual up to a maximum determined by the City Manager, provided that
any employee separated from the service who has been granted sick leave that is un -accrued at
16
the time of such separation shall reimburse the City of all salary paid in connection with such
un -accrued leave.
5.1.5 Compensation for Unused Sick Leave
Upon termination of employment by resignation, retirement or death, a regular employee who
leaves the City service in good standing shall receive compensation for all accumulated unused
sick leave based upon the following formula: a rate of three percent (3%) for each year of
service (i.e., 3% times number of employment service years). The maximum number of
accumulated, unused sick leave an employee may be compensated for upon termination of
employment is 600 hours. See Section 5.1.5. regarding service credit option for accumulated,
unused sick leave that the employee is not compensated for upon termination.
5.2 VACATION LEAVE
5.2.1 Eligibility
Annual vacation with pay shall be granted each eligible employee. Vacation leave accrual shall
be prorated for those employees working less than full time. Employees will be permitted to use
accrued vacation leave after six (6) months of employment subject to the approval of the
Department Director.
5.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full time employee
(part time regular are prorated) shall accrue vacation at the following rate for continuous service.
(Each service year in the chart begins on the first working day and ends on the last days of the
service year.)
Service Year
Annual Hours
Hours/Month
1-3
75.000
6.2500
4
112.500
9.3700
5
117.867
9.8222
6
123.234
.....................
10.2695
7
128.601
10.7167
8
133.968
11.1640
9
139.335
11.6110
10
144.702
12.0580
11
150.000
12.5000
12
157.500
13.1250
13
165.000
13.7500
14
172.500
14.3750
15
180.000
15.0000
16+
187.500
15.6250
When an employee is on an approved leave without pay, vacation accrual is prorated based
upon paid hours in the pay period.
5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Department Director, may advance vacation
credits to any permanent regular and permanent part-time employee.
No employee may accrue more than 250 hours. Vacation accruals will resume once the
employee's accumulated vacation balance falls below the allowable cap limit.
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The time at which an employee may use his/her accrued vacation leave and the amount to be
taken at any one time, shall be determined by employee's Department Director with particular
regard for the needs of the City but also, insofar as possible, considering the wishes of the
employee.
The maximum amount of vacation leave that may be taken at any given time shall be that
amount that has accrued to the employee concerned, subject to the Department Director's
approval. The minimum amount of vacation that may be taken at any given time shall be one-
half (1/2) hour. 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, only those
hours that the employee is regularly scheduled to work shall be charged against any employee's
accrued vacation.
Upon termination, an employee shall be compensated in cash at his/her current rate of pay for any
vacation accrued but not taken, up to the maximum accrual cap, provided that the employee has
successfully completed his/her initial probationary period.
5.2.4 Vacation Cash -In
An employee who has taken at least ten (10) days vacation in the preceding twelve (12) months
may request, in any fiscal year that accrued vacation, not to exceed seven (7) days, be
converted to cash payments and the request may be granted at the discretion of the City
Manager. Employees cannot cash in more than seven (7) days of vacation in any one twelve
(12) month period.
5.3 HOLIDAYS
5.3.1 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 15t
New Year's Day
The third Monday in January
Martin Luther King Jr. Day
The third Monday in February
Washington's Birthday
March 31"
Cesar Chavez Day
The last Monday in May
Memorial Day
July 4"
Independence Day
The first Monday in September
Labor Day
November 11"
Veteran's Day
The fourth Thursday in November
Thanksgiving Day
The fourth Friday in November
Day after Thanksgiving
December 25th
Christmas Day
In addition to designated holidays, employees in this Unit receive two (2) floating holidays.
Floating holidays not used are added to employee's vacation balance. Part-time employees will
be paid for holidays on a pro -rated basis.
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5.4 OTHER LEAVES
5.4.1 Bereavement Leave
In the event of the death of an employee's spouse, registered domestic partner, 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 Director as part of the request for bereavement
leave.
5.4.2 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.
5.4.3 Military Leave
Military leave shall be granted in accordance with the State of California Military and Veteran's
Code as amended from time to time. All employees entitled to military leave shall give the
appointing authority and the Department Director an opportunity, within the limits of military
regulations, to determine when such leave shall be taken.
5.4.4 Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager upon the written request of
the employee. Accrued vacation leave must be exhausted prior to the granting of leave without
pay.
5.4.5 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 Human
Resources' Department coordinates benefits for Workers' Compensation claims. For further
information, see the City's Workers' Compensation policy located on the Intranet
(https:Hintranet.cityofsanrafael.org).
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 Workers' Compensation Insurance and Safety
Act of the State of California, may be entitled to compensation, as follows:
Temporary disability payments (TD) are made when a physician reports an employee is unable
to perform their job duties and the City cannot accommodate any restrictions. The employee is
not entitled to TD for the first 3 days of disability unless the employee is hospitalized as an in-
patient, or off for more than 14 days. In this case, the employee shall be entitled to remain
absent from duty with pay for these first 3 days. TD is set by State law and is based on potential
wages lost (full or partial) due to the injury. It is approximately two-thirds of full salary with state -
mandated minimums and maximums. The City, however, augments regular employees'
disability payments to bring them to full salary for the first three (3) calendar months and to 3/
pay for the next 6 months. Compensation leave payments shall not exceed the employee's
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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..
All other employees shall be entitled to such compensation as may be allowed them by the
Workers' Compensation Insurance and Safety Act of the State of California.
Sick Leave Usage Post Industrial Injury/Illness
The following rule applies to employees who have an accepted industrial injury/illness: Available
accrued sick leave cannot be used for more than 60 calendar days after one of the following has
been determined:
• The employee has reached maximum medical improvement and/or has been
determined "permanent and stationary."
• The employee has been determined to be unable to return to their usual and customary
occupation, with or without reasonable accommodation.
Given the above has occurred, next steps would include:
• The interactive process; attempt to locate other appropriate employment within the City
• If none available, proceed with termination process, including disability retirement
application and/or Skelly process, if appropriate.
5.4.6 Family Medical Leave
Union members agree to adhere to the provisions of the City's Family Medical Leave Policy
which is available on the City's Intranet Website.
5.4.7 Catastrophic Leave
Catastrophic leave shall be in accordance with City Catastrophic Leave Policy which is available
on the City's Intranet website.
6 TERMS & CONDITIONS OF EMPLOYMENT
HOURS of WORK will reflect a seven and one-half (7-1/2) hour work day. Nothing herein will
prevent a Department Director, in his/her discretion, from adopting a flexible schedule or
variable workweek by either meeting or conferring with the WCE or the consent of the affected
employee(s).
6.1 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 days. Overtime is
compensable to the nearest half-hour, and must have prior authorization and approval of the
Department Director.
Each Department Director shall have the authority to designate certain job classifications for
mandatory overtime in emergencies. In the event the Department Director determines that
there is a staffing need during an emergency, the Department Director shall first make a
reasonable effort to seek qualified volunteers to work overtime during the emergency. If the
Department Director determines that there are an insufficient number of volunteers, or if time
constraints prevent the soliciting of volunteers, the Department Director may order employees in
the designated classifications (may vary depending on the emergency but primarily relates to
job classifications in the Street Division of Public Works) to report to work in overtime status to
address the emergency.
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6.2 COMPENSATORY TIME POLICY
With the Department Director's approval, compensatory time, in lieu of overtime pay, may be
taken subject to the following rules:
6.2.1 Accrual Limit
Employees may accrue up to 115 hours of compensatory time after which said employee must
accept overtime pay in lieu of accruing additional compensatory time.
6.2.2 Overtime Rate
Employees who work overtime may be paid for it at the rate of time and one-half or may accrue
compensatory time at a rate of time and one-half, subject to the limitations in Section 6.3.1.
Employees who elect compensatory time must take the time off, preferably within the quarter
during which it was earned, and shall not be paid for it.
6.3 STAND BY OR CALL BACK DUTY
6.3.1 Compensation When Not Assigned to Call Back Duty
When an employee not assigned to standby duty is called back to duty, the employee shall
receive compensation for a minimum of four (4) hours.
6.4 PROBATIONARY PERIOD
6.4.1 Purpose of Probation
After passing an examination and accepting appointment, each employee shall serve a period
of probation beginning on the date of appointment. Such period shall be for the purpose of
determining the employee's ability to perform satisfactorily the duties prescribed for the position.
6.4.2 Probationary Period
The probationary period on original and promotional appointment shall be for one (1) year.
Employees shall receive verbal feedback from their immediate supervisor throughout the
probationary period.
6.4.3 Rejection During Probation
During the probationary period, an employee may be rejected at any time by the Appointing
Authority without the right of appeal.
6.4.4 Notification of Rejection
On determining that a probationary employee's work is not satisfactory, the Appointing Authority
shall notify the Human Resources Director of his/her intention to terminate the employee. After
discussion with the Human Resources Director, the Appointing Authority shall notify employee
in writing of his/her rejection.
6.4.5 Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness or injury or
compelling personal situation during which time the employee was unable to work. In such
cases, the probationary period may be extended for the length of time the ill or injured employee
was unable to work.
6.4.6 Regular Status
Regular status shall commence with the day following the expiration date of the probationary
period.
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6.4.7 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.
6.4.8 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.
6.4.9 Lateral Transfer Probation
Voluntary transfers to another job classification, within the same salary range, shall require a six
(6) month probationary period. In the event of unsuccessful passage of this period refer to
Section 3.6.8.
6.5 TRANSFERS/ REASSIGNMENTS
Transfers may be within the same department (intra -departmental) or between departments
(inter -departmental). The requirements for each are as follows:
a. Intra -departmental transfers.
The Appointing Authority shall have the authority to transfer an employee from a position
in one division of a department to a position in the same or similar classification with the
same salary range, in the same division or to another division of the same department
(at any time and for any duration).
b. Inter -departmental transfers.
An employee may transfer from a position in one (1) department to a position in the
same or similar classification in another department, provided the consent of the two
Appointing Authorities and the City Manager is obtained.
c. Voluntary Transfers.
An employee may make a written request for transfer to the Human Resources Director
to a position in the same or similar classification with the same salary range. Such a
transfer may be made on the recommendation of the affected Department Director(s)
and the approval of the City Manager.
6.5.1 Minimum Qualifications & Probation
Any persons transferred to a different position shall possess the minimum qualifications for the
position.
6.5.2 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.
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Transfers from one department to another department having a different jurisdiction or different
function shall be done only with the consent of the Department Directors, involved, unless such
a transfer is ordered by the City Manager for purpose of economy or efficiency.
Employees who have completed their initial probation may seek voluntary transfers to positions
within the same job class, and/or lower level job classes as long as the employee meets the
minimum qualifications for the position. Employees seeking transfer should submit a completed
application to the Human Resources Department. As vacancies occur, transfer candidates may
receive consideration along with those on the eligibility list.
6.6 PERSONNEL RULES & REGULATIONS
The WCE agrees to adhere to the City's Personnel Rules and Regulations located on the City's
Intranet website.
6.6.1 Drug & Alcohol Policy
The City and the WCE agree to the non -DOT general drug and alcohol policy. A copy is
available with the City's policies and on the City's Intranet website.
6.6.2 Confidential Nature of Personnel Records
All personnel records and files and examination materials are confidential. The Human
Resources Director shall take all necessary steps to protect the confidentiality of those
materials. Disclosure of such records shall be governed by the Public Records Act,
Government Code Sections 6250, et. seq. Individual employees may review their official
personnel file maintained by the Human Resources Department and/or respective appointing
authority. With the written consent of the employee, the authorized representative of the
recognized employee organization may also review that personnel file.
6.6.3 Confidential Nature of Medical Records
All medical records and files are the property of the City of San Rafael. These confidential
records and files are to be maintained in a file separate from the employee's personnel file in
the Human Resources Department. Disclosure of such records shall be governed by the Public
Records Act, Government Code, Section 6250, et. seq.
6.6.4 Outside Employment Policy
Outside Employment shall be in accordance with the City's Outside Employment Policy which is
available on the City's Intranet website.
6.6.5 Use of City Vehicle
Public Works Supervisors, at the direction of the Department Director, will be allowed to take a
City vehicle home in emergency conditions.
6.6.6 Safety Policy
The City of San Rafael is committed to providing a safe and healthy place to work. The City
shall furnish safety devices and safeguards, and shall adopt and use methods and processes
adequate to ensure that the work place is safe and healthy. Employees are expected to obey
safety rules and make proper use of safety gear and equipment. The City's safety policies and
procedures shall comply with all applicable state laws related to a safe work environment.
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6.7 MISCELLANEOUS
6.7.1 Gratuities/Solicitation of Contributions
Gratuities and/or solicitation of contributions are not allowed. Employees should refer to the
City's Personnel Rules and Regulations.
6.7.2 Return of City Equipment
Upon termination of employment, all tools, equipment, and other City property assigned to an
employee shall be returned to the employee's supervisor before leaving City employment.
6.7.3 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and
Federal Law.
6.7.4 Employment of Relatives
Shall be governed by the City's Personnel Rules and Regulations.
6.7.5 Labor/ Management Meetings
During the term of the Agreement, the City and the WCE 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 two (2) representatives from the Western Council of
Engineers and representatives from City Management as well as the WCE Executive Director
and the Human Resources Director. The parties agree that committee members may change
depending on the subject matter.
Meetings may be requested by either party. The party requesting the meeting shall submit a
proposed agenda and the receiving party shall acknowledge and confirm the date, time and
location of the requested meeting. It is intended that the subject matter will not include issues
subject to Article 7.4 Grievance Procedures.
6.7.6 Contract Orientation Work Sessions
The City and the WCE agree that the individuals having responsibility for the enforcement of the
Agreement, WCE Stewards and Department Directors/Supervisors shall participate in an
Annual Contract Orientation Work Session for the purpose of obtaining a better understanding
of the provisions of the contract. These work sessions shall be held on City time and facilities.
7 PROCEDURES
7.1 DEMOTION & SUSPENSION
7.1.1 Demotion
The Appointing Authority may demote an employee when the following occurs:
a. The employee FAILS to perform 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
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provided to an employee at least ten (10) working days before the effective date of the
demotion, and a copy shall be filed with the Human Resources Department.
Withholding a salary step increase or withdrawing a merit step increase within or above the
salary range of the employee's position shall not be deemed a demotion.
Disciplinary demotion action shall be in accordance with Article 7.3, "Disciplinary Action."
7.1.2 Suspension
The Appointing Authority may suspend an employee from a position at any time for a
disciplinary purpose. Intended suspension action shall be reported immediately to the Human
Resources Director, and shall be taken in accordance with Article 7.3, "Disciplinary Action".
7.2 TERMINATION OF EMPLOYMENT
7.2.1 Resignation
An employee wishing to leave the City service in good standing shall file with his/her immediate
supervisor, at least fourteen (14) days before leaving the service, a written resignation stating
the effective date and reason for leaving. A copy of the resignation shall be forwarded to the
Appointing Authority and Human Resources Department.
7.2.2 Termination - Layoff (Lack of work or funds)
The Appointing Authority may terminate an employee udcause of changes in duties or
organization, abolishment of position, shortage of work or funds, or completion of work for which
employment was made.
7.2.3 Termination - Disciplinary Action
An employee may be terminated at any time for disciplinary action, as provided in Article 7.3,
"Disciplinary Action".
7.2.4 Retirement
Retirement from 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.
7.2.5 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.
7.3 DISCIPLINARY ACTION
7.3.1 Right to Discipline & Discharge
Upon completion of the designated probationary period, an employee shall be designated as a
non -probationary employee and the City shall have the right to discharge or discipline any such
employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to
perform work as required or to observe the Department's safety rules and regulations or for
engaging during the term of this Memorandum of Understanding in strikes, individual or group
slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of
Understanding. 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.
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In addition, the City may discipline or discharge an employee for the following: Fraud in
securing appointment; negligence of duty; violation of safety rules; unacceptable attendance
record including tardiness, overstaying lunch or break periods; possession, distribution or under
the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous
drugs during working hours; inability, unwillingness, refusal or failure to perform work as
assigned, required or directed; unauthorized soliciting on City property or time; conviction of a
felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward
(mistreatment of discourteousness to) the general public or fellow employees or officers of the
City; falsifying employment application materials, time reports, records, or payroll documents or
other City records; misuse of City property; violation of any of the provisions of these working
rules and regulations or departmental rules and regulations; disorderly conduct, participation in
fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any
City policy or rules and regulations over an extended period of time in which a specific incident
in and of itself would not warrant disciplinary action, however, the cumulative effect would
warrant such action; failure to perform to an acceptable level of work quality and quantity;
insubordination; other acts inimical to the public service; inability or refusal to provide medical
statement on cause of illness or disability.
7.3.2 Preliminary Notice
A non-probationary employee shall receive a preliminary written notice from the employee's
Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must
contain a specific statement of charges or grounds upon which the proposed disciplinary action
is based and the date the disciplinary action will be effective.
Any known written materials, reports or documents upon which the disciplinary action is based
must be attached to the notice.
Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in
writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action
shall be imposed until the Department Director has conducted a hearing with the employee and
employee's representative present and having heard the response of the employee. 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.
7.3.3 Disciplinary Action and Appeal
After hearing the response of the employee, the Department Director may order that the
proposed disciplinary action or modification thereof be imposed. Thereafter, the employee shall
have ten (10) days to appeal this matter to the City Manager. The City Manager shall
investigate the matter, conduct an informal hearing if the City Manager deems it appropriate
and, within ten (10) days thereafter, respond to the allegations in writing. If this matter remains
unresolved, the WCE may, by written notice to the Human Resources Director within ten (10)
days after the receipt of the City Manager's response, inform the City that the WCE wishes to
appeal the decision 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 Mediation and
Conciliation Service containing 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. As used herein. the word "days" shall be deemed to mean Citv
established working days for non-safetv emr)lovees.
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7.3.4 Harassment Policy
It is the City's intent and purpose to provide all officials, employees, applicants, and contractors
with an environment that is free from any form of harassment, discrimination or retaliation.
Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation
which is available on the City's Intranet website.
7.4 GRIEVANCE PROCEDURE
7.4.1 Definition
1) Grievance is a dispute, which involves the interpretation or application of any provision
of this Memorandum of Understanding. 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.
7.4.2 Procedure
Step 1.
Within seven (7) days of when the grievant knew or should have known of the act or
omission causing the grievance the grievant shall present either in writing or verbally a
clear and concise statement of the grievance to the immediate supervisor.
Within five (5) days thereafter the immediate supervisor shall investigate and respond to
the allegations of the grievant.
Step 2.
If the grievant is not satisfied with the resolution at Step 1 the grievant must reduce the
grievance to writing and present it to the Department Director within five (5) days.
The written grievance shall contain a statement of facts about the nature of the
grievance, and shall identify the specific provisions of this Memorandum of
Understanding alleged to be violated, applicable times, places and names of those
involved, the remedy or relief requested, and shall be signed by the grievant.
The Department Director shall confer with the grievant and within ten (10) days respond
to the allegations in writing.
Step 3.
If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five
(5) days appeal the matter to the City Manager.
The City Manager shall investigate the matter, conduct a hearing if the City Manager
deems it appropriate and within ten (10) days, thereafter, respond to the allegations in
writing.
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Step 4.
If the grievance remains unresolved after Step 3, the Union may, by written notice to the
City Human Resources Department within ten (10) days after the receipt of the response
in Step 3, notify the City that the Union wishes to appeal the grievance to final and
binding arbitration. The parties shall attempt to agree upon an arbitrator. If no
agreement is reached, they shall request a list from the State Conciliation Service of
nine (9) names. The selection process will include a review of the arbitrator's availability
for the hearing.
Each party shall then alternately strike a name until only one (1) name remains, said
person to be the arbitrator. The order of striking shall be determined by the flip of a coin.
7.4.3 Arbitration
The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence
presented by the parties. The hearing should be held within 60 calendar days of the selection of
the arbitrator. The hearing shall be informal and need not be conducted according to technical
rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only
under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as
any procedural matters, and he/she may call, recall and examine witnesses, as he/she deems
proper.
The burden of proof shall be upon the WCE 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 WCE 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 matters, 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 WCE 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.
7.4.4 General Provisions
1. Employees who participate in the Grievance Procedure by filing a grievance or acting as
a witness on the behalf of either party shall be free from discrimination by either the
WCE or the City.
2. A grievant has the right to be represented at each stage of the procedure, to cross
examine witnesses, and to have access to all information regarding the basis of the
grievance upon which the City relies in making its determinations.
3. If a grievant, or the WCE on behalf of the grievant, fails to carry his/her grievance
forward to the next level within the prescribed time period, the grievance shall be
deemed withdrawn unless the parties have mutually agreed to an extension of timelines.
If a supervisor or manager fails to respond with an answer within the given period of
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time, the grievant may appeal to the next higher level. The parties may by mutual
agreement waive the steps in the procedure.
4. If a hearing is held during work hours of employee witnesses, such employees shall be
released from duties, without loss of pay or benefits, to appear at the hearing.
Witnesses requested by the parties shall be compelled to attend said hearings.
5. The Human Resources Department shall act as the central repository for all grievances.
6. Time limits contained herein may be extended by mutual agreement of the parties.
Absence for bona fide reasons by a grievant, the WCE Executive Director or any
management official involved in responding to the grievance shall automatically extend
the time limits by the same number of days of absence.
7.5 POSITION RECLASSIFICATION
Reclassification of positions covered by this MOU shall be in accordance with the City's
Reclassification Policy available on the City's Intranet website
7.6 FURLOUGH PROGRAM
Both the City of San Rafael and the WCE recognize the current economic condition of the State
of California and the City of San Rafael. Through this recognition and in a cooperative spirit, the
City of San Rafael and the WCE have worked expeditiously on the development of a Furlough
Program. This Agreement does not mean the City will necessarily implement furloughs,
however, in the event it is necessary to implement due to continued economic problems in the
City of San Rafael, the procedures for this Furlough Program shall provide for both Voluntary
Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO).
7.6.1 Voluntary Time Off (VTO)
The needs of the City and the respective departments (as determined by the Department
Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO
time granted and the resulting savings will have a corresponding impact on the time needed
through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an
employee needed to take during the fiscal year.
2. An employee selecting at least a 5% reduction of hours through the VTO would receive
"float" days as described in Section 7.6.2. (4.a.).
3. Employees who take VTO at a time other than when MTO is taken by other employees
will have to take vacation leave, compensatory time off or leave without pay if the MTO
results in the closure of the department.
4. Employees will be allowed to exceed a 5% reduction of hours through the VTO with
review of the Department Director and approval of the City Manager and such approval
shall be revocable should the City determine that the impact of the absence can not be
absorbed by the Department. Prior to revoking approval, the City will contact the
employee and review pertinent information which would impact the employee's ability to
return to work. Should the City need to remove additional VTO, such removal would be
considered a non -disciplinary action and would not be subject to any appeal/grievance
procedure.
W
7.6.2 Mandatory Time Off (MTO)
MTO will be taken by the employee during the MTO period when feasible in their respective
department (as determined by the Department Director and City Manager) and after
consultation with WCE.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for
holidays. MTO time will not impact health, dental and life insurance benefits. At this time
MTO time will not impact Marin County retirement calculations of average compensation
or service credit as the City and employee will continue to fund the full amounts. If the
Marin County Retirement Association changes its policy on this, the City will, effective
the first of the month following notice from the Marin County Retirement Association,
make the necessary change in the program's administration to correspond with the
change in the policy.
3. MTO time shall apply toward time in service for step increases and completion of
probation.
4. Other Terms and Conditions:
a) The MTO program shall be limited to a maximum five percent (5%) reduction in work
hours/pay for the fiscal year. When the maximum MTO reduction (5%) is
implemented, the involved employee shall be credited with three (3) days of float
time.
b) Float time accrued through the MTO Program must be taken in the next fiscal year
following the furlough, with supervisory approval, or the leave will be forfeited. The
float days have no cash value upon termination of employment. If an employee is
laid off before having the opportunity to take unused furlough induced float time, said
employee would be eligible to take the unused furlough induced float time during the
thirty -day layoff notice period.
c) Should the City of San Rafael experience a financial windfall during the fiscal year
that furloughs are implemented, the City and WCE agree to re -open negotiations on
this Furlough Plan.
7.7 REDUCTION IN FORCE
7.7.1 Authority
The Appointing Authority may lay off, without prejudice, any regular employee because of lack
of work or funds, or organizational alterations, or for reasons of economy or organizational
efficiency.
7.7.2 Notice
Regular employees designated for layoff or demotion shall be notified in writing at least thirty
(30) calendar days prior to the anticipated date of termination or demotion. The employee
organization shall also be notified.
7.7.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as
a position or number of positions having the same title, job description and salary. For WCE
represented engineering positions, the classifications will be Engineering Technician 1/11, Traffic
Engineering Technician 1/11, Assistant Engineer, Associate Engineer, Senior Associate Engineer,
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Land Development Engineer, Civil Engineer, Traffic Engineer separately. Each classification
stands alone for purpose of layoffs. Any layoff will be based on seniority within the classification
and will be implemented in the following order: extra hire employees, probationary employees
and regular employees. In effecting the preceding order, a part-time regular employee with
more seniority can displace a full-time regular employee.
7.7.4 Seniority
Probationary employees will always be laid off before employees who have regular status in a
classification. If two or more employees within a classification have achieved regular status,
such employees will be laid off or reduced on the following basis:
a. Seniority within the classification will be determinative. Any layoffs in these classes
will be based on overall seniority in the classification, not on the basis of any working
title or currently assigned duties.
b. If the seniority of two or more employees in the affected classification or higher
classification(s) is equal, departmental seniority shall be determinative.
c. If all of the above factors are equal, the date regular status in City service is achieved
shall be determinative.
d. If all of the above are equal, date of certification for appointment shall be
determinative.
7.7.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level, for which
he or she qualifies or into the next lower classification in which such employee has previously
held regular status. An employee who is bumped shall be laid off in the same manner as an
employee whose position is abolished.
7.7.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be
affected by a reduction in force to another vacant position for which such employee may qualify.
The length of eligibility for such transfer will be the period of notification as provided in Section
7.7.2, but no longer than the effective date of such layoff or reduction.
7.8 RE-EMPLOYMENT
7.8.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re -appointment to the same
classification in which they held status in the order of seniority in the classification. Individuals
demoted in lieu of reduction in force shall be offered restoration to the highest class in which
they held status and in which there is a vacancy prior to the appointment of individuals who
have been laid off.
7.8.2 Right to Re -Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held,
shall, in writing, be offered re -appointment in the same classification should a vacancy occur in
the classification within two years after the layoff or demotion. Prior to being re-employed, the
employee must pass a physical exam administered by a City appointed physician and must
pass the background check administered by the City.
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7.8.3 Time Limits
Should the person not accept the re -appointment within seven (7) calendar days after the date
of the offer, or should the person decline or be unable to begin work within two weeks after the
date of acceptance of the offer, the person shall be considered unavailable for employment,
shall forfeit the right to re-employment and be removed from the re-employment list.
7.8.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on
the re-employment list shall be offered re-employment.
7.8.5 Probationary Status
Employees re -appointed under the provisions above will not be required to complete a new
probationary period if they had previously held permanent status in the classification.
Employees who had not completed their probationary period shall serve the remainder of the
probationary period upon re -appointment.
7.8.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave
of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll
will not count as time worked for the purposes of seniority accrual.
7.8.7 Layoff Procedure Notification
Once the decision has been made to reduce the workforce per this MOU, the City will meet with
the union to review and receive feedback on the procedure to be used to inform and process the
lay-offs. The information gained in this meeting from the union by the City will be advisory and
not binding.
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WESTERN COUNCIL OF ENGINEERS
11 F6 -t4' U0
Nancy waon, Western Council of Engineers
Diane Decicio, Senior Associate Engineer
i4et Nibbi, Engineering Technician
CITY OF SAN RAFAEL
Leslie Loomis, Human Resources Director
Jim
im Schutz, Assists t City Manager
Khelr!'Jhovahn, HR Representative
Date Date
City of San Rafael
Engineering Unit Employees as represented by WCE
Classification/Compensation Summary: Benchmark Linkages
Current Benchmark
C Assistant Engineer
Title
Civil Engineer
Land Development Engineer
Traffic Engineer
Senior Associate Engineer
Associate Engineer
Assistant Engineer
Engineering Technician II
Traffic Technician II
Engineering Technician I
Traffic Technician I
Linkage
Exhibit B
Grade Levels from Benchmark