San Rafael City Council
May 20, 2024

Goal A: Neighborhood and Economic Vitality
A1 Prioritize implementing key General Plan 2040 programs, including neighborhood planning, economic vitality, tree inventory, and improving and preserving public assets.

Update The City has made progress on implementing key programs in the General Plan. Examples of these include:
- Planting trees on City-owned land, including Sun Valley Park, McInnis Parkway, and other locations. - Securing a Climate Action Corps Fellow to conduct tree inventories and identify locations to plant new trees. - Receiving $3,051,000 in One Bay Area Grant 3 funding for the Fourth Street intersection realignment project in January 2023; this project is currently in the design phase.
- Converting B Street from one-way to two-way traffic.
- Securing transportation grants for the 2nd/4th Street intersection, Canal area improvements, rapid rectangular flashing beacons for crosswalks surrounding schools, and a mid-block crossing with bulb-outs along Francisco Blvd.

The City Council received a comprehensive list of General Plan Updates as a part of the March 4, 2024 General Plan annual progress report.

A2 Where discretion is allowed under State housing laws, create standards to guide new developments to best fit into San Rafael through implementing the Downtown Precise Plan and additional policies, as needed.

Update Staff reviewed and evaluated the Downtown Precise Plan for potential modifications, application checklists, and architectural guidance documents to increase housing applications within the downtown precise plan area. Staff are currently developing a scope of services in anticipation of consultant vetting and selection. It is anticipated that a consultant would be selected in Q3/Q4 2024. Any Preliminary Downtown Precise Plan amendments would trigger review and approval by the Planning Commission and City Council.

A3 Establish a By-Right Neighborhood Affordable Housing Overlay Zone to streamline the review and approval of affordable housing projects in high-density residential zoning districts. Develop a comprehensive plan for the Priority Development Areas (PDA) in the North and Southeast San Rafael neighborhoods addressing future development, mobility, sea level rise, and other community priorities.

Update Progress has been made on the creation a Specific Plan for Northgate and East San Rafael. The City was awarded ~$1.6 million ($800k each) in grant funds for community outreach and the creation of a Canal Priority Development Area (PDA), and a Northgate PDA. The East San Rafael Specific Plan area (Canal Neighborhood) project is scheduled to begin first, with an RFP to select a consultant anticipated for release in Q2 of 2024.

Staff continue to work with housing developers to streamline the review and approval process, in line with Program # 41 of the City’s 2023-2031 Housing Element. Establishment of a by-right neighborhood affordable housing overlay zone requires further evaluation in the context of other affordable housing tools available, including state policies and programs that provide streamlining and concessions. Existing Citywide affordable housing tools are also due for evaluation; when the City Council adopted adjustments to the inclusionary housing requirement in 2021, staff committed to returning to City Council with an evaluation of the inclusionary housing policy’s performance and impact over the first several years of implementation.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Goal A: Neighborhood and Economic Vitality
Staff anticipate working with a consultant beginning in Q4 of 2024 to evaluate the policy and propose updates to City Council as needed.

A4 As development projects arise, create development agreements as necessary and facilitate community engagement efforts to inform and solicit input from the community throughout the process, such as the Northgate project.

Update The Northgate Mall redevelopment project is currently in development agreement negotiations.

Staff will recommend pursuing development agreements for large-scale projects which may trigger zoning amendments or phased project implementation.

A5 Using results from the 2022-23-day laborer survey, work with governmental and community partners to facilitate a Feasibility Study of a Day Laborer Center/Hiring Hall in San Rafael.

Update This project has not started and is anticipated to occur in FY 2024-25.

A6 Consider revisions to the Cannabis program, such as reviewing quantities and types of licenses, evaluating revisions for hemp products, and addressing products targeting youth.

Update Staff hosted a cannabis industry convening to discuss industry trends and potential program modifications to the San Rafael Cannabis Program. The primary modification requested by businesses was an extension of the current tax reduction for non-storefront retail businesses to alleviate the tax burden these businesses face. Staff will bring a proposal forward to City Council once received from the cannabis license holders. The current tax reduction expires in 2025. Due to Cannabis businesses attrition, there are ample licenses available in each type, and no increase in available licenses is recommended. In addition, staff evaluated implementing micro-licenses, an additional license type, but has not been prioritized given limited demand and the volatility of the regulated cannabis market.

The Code Enforcement division, City Attorney, and City Manager departments have collaborated with the Department of Cannabis Control on regulation and inspections of sales of illegal hemp/cannabis products.

A7 Continue to develop, improve, and implement a comprehensive plan to address the issue of illegal dumping in areas of denser multifamily housing, with a focus on improving access to legal disposal options for tenants.

Update The Together San Rafael Team is conducting a cost analysis of a suite of options to bring to the City Council in Q3 of fiscal year 2024-25.

Staff is currently presenting to key community groups for feedback on the final set of recommendations.

A8 Assess feasibility and revise the City’s current residential parking permit program to address overcrowding of neighborhood parking in a cost-neutral and equitable manner.

Update The City released an RFP and, in February 2024, hired Dixon Unlimited to develop a residential parking permit program. The first phase is focused on East San Rafael, but the program will be designed to be adaptable to other areas of the City impacted by parking issues.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Goal B: Quality of Life
B1 Use the Parks and Recreation Master Plan to guide the development, enhancement, and maintenance of parks, recreational facilities, and programs for the City.

Update Utilizing the Parks and Recreation Master Plan, the City has:
- Developed recommendations for the annual Measure A work plan. - Installed taller fencing along the Albert Field third baseline for safety. - Piloted a keyless access approach at the tennis courts based on community feedback. - Contracted sod work at Albert Field to prepare for the 2024 season. - Added a weekend cleaning for high-use park restrooms.

B2 Enhance recreational opportunities and user experience at Pickleweed Park by adding new amenities, enhancing existing facilities, and installing all-weather turf on the field to provide a safe, sustainable, and inclusive community space.

Update The City has successfully secured a $4.24M Land and Water Conservation Fund Grant from the National Park Service and allocated an additional $4.24M in required matching funds to support the Pickleweed Park Enhancement Project. The project scope includes replacing the grass field with -weather turf; installing a new basketball court, play structures, fitness equipment, gazebo, landscaping, lighting, and additional parking; and replacing the existing restroom. The project team is finalizing the San Francisco Bay Conservation and Development Commission (BCDC) administrative permit and 100% construction documents in Q2 of 2024. Staff are still solidifying the construction timeline; however, it is anticipated to begin in Fall 2024 with renovation of the field and installation of amenities on the west side of the park. The grant requires that the project be completed, and all expenses incurred no later than June 30, 2026.

B3 Redesign interior space at Pickleweed Branch Library and improve the Downtown Library's critical and life safety infrastructure, operations, and services to provide safe, functional, and innovative learning spaces.

Update The Downtown Library renovation is in the design stage, with construction documents being prepared for permitting and bidding.

Construction is estimated to begin in late Summer/early Fall 2024. Staff completed an RFP for architectural, engineering, and design services for the Pickleweed Branch remodel project and expect to begin design in Summer of 2024, with construction estimated for Summer 2025.

B4 Replace the playground at Peacock Gap Park with a new, modern structure.

Update Staff developed and completed an RFP for architectural and engineering services in the Q1 of 2023 and selected Royston, Hanamoto, Alley & Abey, and who have started work on design and community engagement. Staff plans to conduct additional outreach efforts, including an in-person event and an online survey, as part of the design process. Construction is estimated to begin in Fall 2024.

B5 Continue the process to assess the feasibility of constructing a new library facility that meets the current and future needs of the community, including identifying potential funding sources and partnerships.

Update In the Summer of 2023, staff conducted a survey to gauge voter support for a tax measure to fund a new and/or expanded downtown library. Since conducting the survey, the Library Foundation decided to launch a citizen's initiative to put a tax measure on the ballot to fund a new library and community center at Albert Park. Staff are awaiting the results of that process before taking further action on this objective.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Goal B: Quality of Life
B6 Amend the smoking ordinance to bring it up to the latest standards, such as allowing the public to bring a civil action against any person who has multiple violations.

Update The County of Marin plans to introduce an amendment in include a price floor on tobacco products to the Tobacco Retail License regulations later this year. At that time, staff will present for City Council consideration, that amendment and an additional amendment that would establish a private right to action in the City’s Clean Indoor and Outdoor Air and Health Protection chapter of the SRMC.

B7 Continue to implement the Age-Friendly Strategic Plan, including working with the Age-Friendly Task Force to support ageism trainings and activities to address social isolation.

Update Staff supported the Age-Friendly Community Partnership in holding an ageism training course for the City's management team and a lunch-and-learn on ageism for all City staff. Staff also partnered with the Age-Friendly Community Partnership to hold a spring celebration for all in our community who are "90 and better!" The City issued a Certificate of Occupancy for the Vivalon Healthy Aging Campus at 999 Third St, which includes sixty-six units of affordable housing for older adults.

B8 Develop a comprehensive Master Plan for the Terra Linda Park and Community Center that will guide future site improvements and enhance the park and community center's role as a community resource.

Update Staff completed an RFP for landscape architectural and engineering services to lead the Terra Linda Park and Community Center planning process. Community engagement is scheduled for Spring/Summer 2024, and the plan is slated for completion in Spring 2025.

Goal C: Public Safety
C1 Analyze the results and effectiveness of the Specialized Assistance for Everyone (SAFE) team three-year pilot and determine if/how it should be adjusted (e.g. hours of operation) to have the greatest impact on community members and develop funding feasibility to extend beyond the pilot program period of time.

Update The SAFE Team has handled 3,152 calls for service since their inception on March 27, 2023. During the past year they have diverted 113 clients from the emergency department, 125 clients from jail, and 152 instances where they transported the individual to the hospital/crisis stabilization unit, instead of an ambulance. The SAFE Team assisted the police department with lowering their response times to priority 1 incidents down to 5 minutes in 2023, as compared to 7 minutes in 2022.

To expand hours of operation, Petaluma People’s Services Center (in coordination with the police department) applied for a $1.5M grant to the Marin Community Foundation. Staff continue to explore additional grant opportunities to fund the SAFE Team.

C2 Improve service to the community by reducing emergency response times of priority 1 police calls to average of less than six minutes.

Update In 2023 this objective was met; response times for priority one calls were reduced to five minutes from seven minutes.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Goal C: Public Safety
C3 Continue community conversations about how the police department can improve residents' feelings of safety in their neighborhoods and improve trust with the community.

Update The police department continues to hold community engagement events such as Coffee with a Cop, Community Academy in English and Spanish, Camp Chance, reading to elementary school students, Touch a Truck at Al Boro Center, Movies in the Park, a back-to-school backpack giveaway, and social media engagement. The Police Advisory and Accountability Committee (PAAC) was established to provide input to improve public transparency and accountability with respect to the San Rafael Police Department and provide greater community participation in making recommendations on police department policies, practices, and procedures, including those related to community relations, hiring, and training best practices.

C4 Conduct a comprehensive evaluation of the Advanced License Plate Reader (ALPR) technology to assess its effectiveness in reducing auto thefts and Part 1 crimes while ensuring privacy and equity considerations are addressed. Analyze crime trend data to measure the impact of ALPR technology on investigations and explore ways to mitigate potential biases and protect sensitive personal information.

Update After an evaluation of ALPR Technology, the City selected FLOCK camera to deploy ALPR in the City. To date, 16 of the 18 total cameras are installed and functioning. The system has led to multiple arrests for violent crimes and recovered multiple stolen vehicles.

C5 Conduct a detailed fire deployment study to ensure that the current needs of the community are being met and to prepare for future growth.

Update The fire department, using a cooperative purchase agreement through NPPGov, a national cooperative procurement organization, entered into an agreement with Emergency Services Consulting International (ESCI) to conduct a Staffing and Resource Deployment Study. The study will examine the current and future service demand forecast to identify and evaluate future strategies to meet longrange needs. The fire department held a kick-off meeting in early April, and a final report is expected in Fall of 2024.

C6 Examine emergency medical services delivery in San Rafael to ensure the highest-quality care is provided and the appropriate resources are provided in a responsible and effective manner for increasing demands for service.

Update The City contracted with Citygate Associates to analyze current service levels and present preliminary findings and recommendations.

Staff are continuing to evaluate staffing and deployment alternatives and will be formulating specific recommendations in the coming fiscal year.

C7 Evaluate the financial feasibility of the paramedic tax revenues to address future needs, including an increase in elder care facilities.

Update This project has not started and is anticipated to begin in FY 2024-25.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Goal D: Public Assets
D1 Evaluate and prioritize the Capital Improvement Program annually, including initiating grant-funded projects in 2023 (e.g. improvements to the Second Street and Fourth Street intersection).

Update Staff conduct annual evaluations of the CIP, reviewing, updating, and prioritizing improvement needs. To continue to grow and meet growing community needs and City Council priorities, staff plans to evaluate the project ranking criteria and the CIP process next fiscal year (FY 2025-26), including consideration for capacity planning and prioritization. Once the process evolves staff will implement the new process and criteria into the next CIP document. As the criteria and CIP process for FY 2026-27are updated, presentations to the City Council provide an opportunity for the Mayor, Councilmembers, and the community to be engaged and weigh in on the process and prioritization of projects.

D2 Improve transportation and safety in the Canal neighborhood by conducting a feasibility study of the Canal multi-modal experience and Canal swing bridge incorporating recommendations from the Canal Community Based Transportation Plan.

Update The City received State of CA Active Transportation Plan Cycle 6 grants, which fully funds the swing bridge feasibility study and partially funds the multi-modal experience design and construction. An RFP is being developed and will be advertised in summer 2024 to procure consultant firms to assist with the environmental and design phase for the multi-modal experience project. The development of an RFP for the swing bridge feasibility study is planned for Spring 2025.

D3 Actively participate in the decision-making process with the Golden Gate Bridge, Highway and Transportation District in relocating the San Rafael (Bettini) Transit Center.

Update Staff regularly participate in meetings with the Community Design Advisory Group. Staff also participate in focused design reviews, discussion regarding impacts to the public right-of-way, and coordinate updates for City Council meetings related to the Transit Center Project. The City has provided letters of support for grants and additional funding for the project. Over the next fiscal year, staff will work with Golden Gate Transit to set the schedule for public meetings including community design updates, planning commission, and City Council meetings.

D4 Coordinate with the TAM and the County of Marin in the analysis and implementation of Vision Zero, or equivalent, to eliminate all traffic fatalities and severe injuries while increasing safe, healthy, equitable mobility for pedestrians, cyclists, and all modes of traffic.

Update At the April 2, 2024, meeting, the City Council adopted the 2024 Marin Countywide Local Road Safety Plan. Adopting the Local Road Safety Plan will help move San Rafael towards its Vision Zero goals to eliminate all traffic fatalities and severe injuries while increasing safe, healthy, equitable mobility for pedestrians, cyclists, and all modes of traffic by 2050. Staff will be developing a Vision Zero Action Plan that incorporates the Countywide Local Road Safety Plan among other things in fiscal year 2024-25.

D5 Actively participate in the decision-making process with Transportation Authority of Marin (TAM), other agencies, and the community on the US101/I-580 Multimodal and Local Access Improvement Project.

Update Staff regularly participate in meetings with TAM to coordinate project decision-making and funding strategy for Phase I (i.e., Bike and Pedestrian Improvements between 580 and 101).

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Goal D: Public Assets
D6 Develop a comprehensive Storm Drain Master Plan that will include network upgrades, maintenance schedules, sea level rise planning, and requirements for new developments.

Update The City released an RFP on February 6, 2024, and is bringing a recommended contractor to develop a storm drain plan for consideration at the May 20, 2024, City Council meeting.

D7 Develop an inventory of City assets, including buildings, infrastructure, parks, lighting, open space, and trees, and develop a strategic plan for asset management to identify and quantify unfunded liabilities and deferred maintenance costs. Engage community volunteers to support this effort.

Update The City has completed a Light Detection and Ranging (LiDAR) survey of City-owned assets and plans to continue to gather non- LiDAR inventory including facilities and parks assets. Staff are finalizing the procurement of an Asset Management System (AMS) and preparing to integrate data into the software. Training and setting standard operating procedures and policies will be a focus next fiscal year fiscal year 2024-25). Staff will begin to develop near-term and long-term maintenance goals and investigate opportunities for future buildout and utilization of ASM program.

D8 Reduce the City's greenhouse gas emissions by transitioning, where feasible, diesel and gasoline-powered vehicles to electric vehicles.

Update Staff have secured the services of a consultant at no cost to the City for electrical capacity assessments for City Hall, Public Safety Center, and Public Works for EV charger planning. Staff successfully applied to Metropolitan Transportation Commission to fund a consultant to develop a fleet transition plan for the City’s fleet of vehicles. Staff are revising the fleet policy to incorporate the transition to zero-emission vehicles, which will be completed in Q2 of 2024.

D9 Develop and adopt an updated Pedestrian and Bicycle Master Plan to improve connectivity, safety, and accessibility for pedestrians and cyclists.

Update Staff has created and advertised an online survey to collect input and suggested improvements for the Citywide Bicycle and Pedestrian Plan (CBPP). Staff will release an RFP in Q1 of 2025 to select a consultant to complete the CBPP. In collaboration with the Bicycle and Pedestrian Committee, staff and the consultant will review the existing plan, outreach to the community for recommendations to the current network, review polices and projects, and assist with prioritization of projects for the annual CIP update.

Goal E: Foundational Services
E1 Develop a civic engagement strategy and reestablish the City’s Communications Team, including coordination and strategy around Citywide communications, website content strategy, and best practices.

Update A City staff communications team was established that meets weekly to coordinate outreach and engagement. Similarly, staff have developed a website team to coordinate training, best practices, and special website projects. The City is currently recruiting a Civic Engagement Manager who will work on developing a strategic communications plan roadmap. In addition, the City is developing and posting Frequently Asked Questions (FAQ) for high priority projects like the Northgate Redevelopment Project, the Dominican project, Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Goal E: Foundational Services
and the recently updated camping ordinance. The City also developed a FAQ in response to the Terra Linda gasoline spill. The City recently re-established issuing the homelessness newsletter monthly.

E2 Improve the user experience for the public by implementing a new, modern permit management system which will streamline processes for applicants and improve coordination of permit services across all City departments.

Update Following a year of user research and review of video demos with the cross-departmental permit management team, staff developed and published an RFP in May 2023. The selection team selected OpenGov after following up with several municipalities who have had successful transitions to the system. The project kicked off in February 2024 and implementation will be conducted in three phases:

Building/Planning, Code Enforcement, and Public Works/Sanitation. Staff are currently building out permit workflows and migrating legacy data to the new system. It is anticipated that the new system will make it easier for our customers to track projects, inspections, and upload drawings through a better web interface. It will also allow better access to project documents for our third-party plan examiners and inspectors and allow better communications between the reviewing department and field inspections. The permits system will have compliant credit card security. The project is expected to be completed by December 2024, with the launch in early 2025.

E3 Make recommendations to bring to the ballot the Municipal Code and San Rafael's Charter focusing on updating any outdated, confusing, or inaccurate language, and make them more accessible, understandable, and gender inclusive.

Update The City Council adopted amendments to the Municipal Code, removing outdated and inaccurate language at the City Council meeting on February 5, 2024. The comprehensive update to the City’s Charter will occur in fiscal year 2024-2025.

E4 Enhance Performance Measurement through the co-development of dashboards and data tools for the Council policy focus areas, provide easy access to performance metrics, and enable data-driven decision-making by City departments. Evaluate which datasets can be added to our open data portal to increase transparency.

Update Staff are currently updating performance metrics, identifying new metrics for key policy focus areas, and outlining operational metrics.

The updated performance measurement program will be presented to the City Council in June 2024.

Over the past year, staff have also:
- Developed data tools for the Police Department, including a Use of Force dashboard for tracking use of force cases and the routing of internal documentation related to each case, and - Supported the implementation of data tools for Community and Economic Development to assist prospective businesses find information related to parcels and potential business locations.

In fiscal year 2024-25, as part of the asset management program, staff will be adding data related to street trees to support community efforts to develop a tree inventory.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Goal E: Foundational Services
E5 Continue next phases of internal "Together San Rafael" efforts including improvements to employee recognition, employee experience including onboarding and mentoring, and DEIB projects and trainings.

Update The City established the Together San Rafael DEIB Committee in the summer of 2023. Since that time, this group has helped to develop a “Lunch and Learn” series where a presentation is given on a DEIB related topic. To date, the group has hosted Lunch and Learns on Combating Antisemitism and Hate Speech, Combating Ageism, Combating Islamophobia, Celebrating Black History Month, and Celebrating Asian American Heritage Month. The DEIB Committee has also served as a reviewing body for diversity related proclamations, and other initiatives.

Staff have developed a 2024 work plan for Together San Rafael (TSR) and are implementing programming to support culture-building in the City. This work includes the development of new internal communications processes, videos highlighting TSR, and a review of the TSR guiding principles together with the City team.

E6 Review and revise, as necessary, the City’s notification and communication standards for projects going through the entitlement process and consider different standards depending on the potential impact of the project on the community.

Update Staff started to evaluate the notification and communication standards for the planning entitlement process to identify areas for improvement, to be implemented in Fiscal Year 2024-25. Areas for potential improvement are related to updated communication tools through digital media platforms. In conjunction with the Digital Services and Open Government Department, a process improvement and evaluation of digital media tools for updated communication standards for development projects will commence in Q4 of 2024.

E7 Analyze new revenue alternatives and opportunities for future needs, including aggressively seeking grant funding Update City staff continue to actively apply for grants and other external funding opportunities to support high priority needs. Since the Goals and Objectives were approved by the City Council last June, the City has received just over $17M in grant funding, as summarized below:

Transportation Grants:
- Reconnecting Communities and Neighborhoods Grant: $1.94 million for the South Merrydale Road – Civic Center Connector Pathway (aka Rafael Meadows Safe Crossing Pathway Project). This project creates a paved pathway on the south side of the Civic Center SMART train station under Highway 101 connecting the west neighborhood near Rafael Meadows to the Civic Center and schools on the east side of Highway 101.
- Transportation Fund for Clean Air (TFCA) and Transportation Development Act (TDA): $425,000 total for two projects. One project is the Francisco Boulevard East Mid-Block Crossing Enhancement Project located at the recently redeveloped Canal Alliance building near Grand Avenue. This project adds a lighted crosswalk on Francisco Blvd East allowing community members visiting Canal Alliance to have a more direct connection towards the Canal neighborhood. The other project includes installing five lighted crosswalk systems throughout the city that were identified through Safe Routes to Schools and community feedback.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Goal E: Foundational Services
- Some of the upcoming grant applications the city is actively working on applications include Active Transportation Program Cycle 7 (ATP), Safe Streets for All (SS4A), and Highway Safety Improvement Program (HSIP).

Sustainability & Emergency Management Grants:
- FEMA Local Hazard Mitigation Grant: applied for and awarded $900,000. This project will identify flood mitigation measures that are also eligible activities including localized flood risk reduction projects and potentially infrastructure retrofits. - EPA Community Change Grant in collaboration with Marin Community Foundation and Canal Alliance: applied for and awarded $504,000 for the City’s portion of the grant. This project would coordinate and lead a three-year comprehensive waste management, litter, and dumping reduction program with residents and businesses in the Canal neighborhood. - MCF Climate Justice Grant: applied for $300,000. This project would be to fund a two-year position in the Sustainability Division to coordinate across departments for all Canal neighborhood projects with a focus on resilience, equity, and workforce development.

Library and Recreation Grants:
- Land and Water Conservation Fund Grant from the National Park Service: applied for and awarded $4.24M to support the Pickleweed Park Enhancement Project.
- Food, Agriculture, and Resilient Ecosystems (FARE) Grant Program: applied for $123k and awarded $35k to support infrastructure improvements at the Canal Community Garden. - Nutrition Infrastructure Grant: applied for and awarded $6,379.76 to replace the refrigerator at the Boro Community Center - Pittsburgh Foundation: awarded unsolicited grant of $16,421.79 for general operating support of the San Rafael Public Library - California State Library: applied for and awarded $7,005 for ZipBooks program. - California State Preschool Program: applied for and was awarded $510,697 to support Pickleweed Preschool Program. - CDBG: applied for and awarded $23,000 to support Pickleweed Preschool Program. - First Five: unsuccessfully applied for $100k to support Pickleweed Preschool Program. - CalTrans CleanCA: unsuccessfully applied for $4.101M for Pickleweed Park Enhancement project. - AARP Challenge Grant: unsuccessfully applied for $10,955 in partnership with Age Friendly Community Task Force to install benches and recreation tables at Gerstle Park.

Homelessness Grants:
- In April of 2024, the City and County were awarded an Encampment Resolution Fund Round 3 (ERF-3) grant that was codesigned and applied for with the County of Marin Health and Human Services (HHS). The award for $5,999,241.68 was allocated by the California Interagency Council on Homelessness (Cal ICH).

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Goal E: Foundational Services
Community & Economic Development Grants:
- In July 2023, the City was awarded a $797,000 One Bay Area Grant (OBAG) by the Metropolitan Transportation Commission (MTC) to complete a Specific Plan for the SE San Rafael/Canal Neighborhood Priority Development Area. The OBAG grant will be disbursed to the City in installments, as specific deliverables are completed. The scope of the Specific Plan requires MTC approval for fund distribution. Staff is in the final draft of scope development and anticipate the project kicking off in Q4 2024.

An additional $797,000 grant has been awarded for the Northgate Priority Development Area. The final scope development for that grant is pending the outcomes of the Northgate Mall redevelopment project that is currently in the entitlement review phase.
- In July 2023, the City as the fiscal sponsor for the Downtown San Rafael Arts District (DSRAD) received a $671,429 grant from the California Arts Commission. The City has been working with the grant subrecipients: Artworks Downtown, Marin Society of Artists, Youth in Arts, California Film Institute, and the Downtown Business Improvement District/San Rafael Chamber of Commerce on grant implementation in support of the DSRAD.

Mental Health Grants:
- The City requested $1.5M in funding from the Marin Community Foundation to support the SAFE Team.

Fire Grants:
-The City submitted a grant from the Assistance to Firefighters Grant (AFG) to replace 52 self-contained breathing apparatus (SCBA). The request amounts to $415,000.
-The San Rafael Fire Department was awarded a grant from the California Department of Fish and Wildlife for an Oil Spill Trailer and equipment.

Policy Focus Area: Economic Growth
EG1 Implement initiatives from the Economic Development Strategic Plan (EDSP) that will reinvigorate commerce across the city, find innovative strategies to attract and retain businesses, attract high-tech and other emerging market users, and ensure that growth is not only sustainable, but also equitable.

Update The EDSP was adopted in May 2023. Three focus areas were identified for staff implementation, which include:
1) Launch of Business Expansion Attraction Retention (BEAR) program. 2) Conduct feasibility of an enhanced infrastructure financing district (EIFD); and 3) Conduct feasibility analysis on the formation of a property-based improvement district (PBID) in Downtown.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Policy Focus Area: Economic Growth
The City will launch the Economic Development "GO" Program in Q2 of 2024, which will include marketing and branding materials associated with a BEAR program. An EIFD consultant, Kosmont, has been conducting a feasibility analysis of forming an EIFD, and a feasibility report with recommendations is anticipated in Q3 of 2024. The feasibility of the PBID formation will require an RFP for consulting services for feasibility analysis. The RFP release is anticipated in Q3 of 2024.

EG2 Create an environment that is conducive to business growth and job creation, encouraging investment and innovation, developing infrastructure and human capital, and promoting trade and commerce.

Update With the recent merger of the Community & Economic Development Department in March 2024, resource allocation and operational efficiencies supporting investment and business growth are being implemented as part of the departmental reorganization.

EG3 Conduct a feasibility study for the creation of Property Based Improvement Districts (PBIDs) that enhance the appearance and vitality of public spaces through such things as: improving safety, cleanliness, marketing, and physical upgrades.

Update The feasibility of the PBID formation will require an RFP for consulting services for feasibility analysis. The RFP release is anticipated in Q3 of 2024.

EG4 Work with community partners such as the Chamber of Commerce, Business Improvement District (BID), Small Business Development Center, Marin County Office of Education, Canal Alliance, and Hispanic Chamber of Commerce on economic recovery initiatives and workforce development programs.

Update Staff continue to foster strategic partnerships with the San Rafael Chamber of Commerce to support the evolution of the Downtown Business Improvement District and the feasibility analysis of the PBID for post-pandemic downtown economic recovery. In addition, staff is working with the Canal Alliance on multiple City projects with a specific opportunity for community engagement on the Specific Plan project for East San Rafael identified in Goal A3.

EG5 Explore new revenues to fund economic development, such as a tourism-based improvement assessment or an increased Transit Occupancy Tax.

Update Staff engaged the Marin County Visitor Bureau on San Rafael-specific resource allocation from the Marin County Tourism Improvement District (TID) revenue from San Rafael hotels subject to the TID to understand the return on investment to San Rafael from San Rafael hotels. This will help better define what funding sources are collected from San Rafael and how to better advocate for supporting our growing tourism market. Increased tourism revenue from transient occupancy tax (TOT) is anticipated to continue with tourism economic recovery and new additional hotels in San Rafael, including the new AC Marriott in downtown.

Staff are currently gathering data for potential options on City TOT modifications or County TID modifications. This item will be brought to the City Council Economic Development Subcommittee for policy direction in Q4 of 2024.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Policy Focus Area: Diversity, Equity, Inclusion & Belonging (DEIB) DEIB1 Continue and expand training for all City staff, elected officials, and boards and commissions members around Diversity, Equity, Inclusion and Belonging (DEIB) principles to ensure that equity considerations are integrated into the City’s policies and practices.

Update The City established the Together San Rafael DEIB Committee in the summer of 2023, with representatives from various departments throughout the City. The purpose of the committee is to recommend and develop internal, citywide initiatives that support the City’s culture and recognize its commitment to diversity, equity, inclusion, and belonging.

To underscore this initiative, in January and February of 2023, all Police Department employees had the opportunity to participate in a unique and highly sought-after training opportunity through the Tools for Tolerance law enforcement training program at the Museum of Tolerance in Los Angeles. The museum experience challenges visitors to confront personal biases and prejudice, and to promote awareness about tolerance issues. All department employees actively engaged in discussions around diversity, personal values, and responsibility as they apply to their role in society and the work they are charged with as law enforcement professionals.

This program redefines the role of the law enforcement professional in a diverse society, provides a new way of understanding the community they serve, and suggests how to use integrity in developing trust. The training focused on advanced skills that serve to enhance department member’s understanding of and ability to work with people from divergent backgrounds, how integrity can be used in the application, and the resulting levels of trust that can be built.

In Fall of 2023, all non-public safety employees received an interactive five-hour DEIB training. Since then, new hires have also received this same training and the program will continue to provide this training as part of the onboarding process.

As discussed in Goal E5, the DEIB Committee continues to host the “Lunch and Learn” Series. the committee continues to provide education, engagement, and opportunities to learn from people, groups and organizations that are committed to equity work.

Staff are developing customized training for all police and fire department personnel, which will include and build upon the same curriculum as the training provided to all non-public safety employees. The public safety DEIB training will be scheduled by Fall 2024. The City will continue to provide these training courses as new staff are hired by the City.

The City is providing $50 stipends, per month, to the Police Advisory and Accountability Committee and is currently evaluating providing stipends to all Boards, Commissions & Committees. The City committed to providing stipends to the members of the Police Advisory and Accountability Committee to address potential barriers to participation. The stipend could be used to offset childcare or other expenses that someone may incur because of their participation.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Policy Focus Area: Diversity, Equity, Inclusion & Belonging (DEIB) DEIB2 Develop a strategic roadmap to guide the City's DEIB internally facing efforts, including implementing the human resources equity audit and continuing to evaluate policies and practices for alignment with DEIB principles.

Update The DEIB Committee evaluates City policies and practices through the lens of equity and in consideration of DEIB principles. The DEIB Committee formed a sub-committee to work with the Human Resources department on implementing specific measures related to hiring practices and ensuring that there is a strong sense of belonging for all employees who work in the City. In addition, the DEIB Committee has formed a sub-committee to consider how the City can use data and technology to advance equity.

As part of the City's ongoing recruitment efforts, Human Resources has implemented the use of an updated "Recruitment Kick-Off Document" in each planning meeting with hiring managers; which includes a requirement that all interview panels include one individual who identifies as female, and one individual who identifies as a person of color, to ensure diverse candidates feel a sense of belonging during the process, and to ensure diverse perspectives are considered when making hiring decisions. Additionally, a question related to DEIB is required for all interview panels.

DEIB3 Continue inclusive resident engagement practices that find opportunities to partner with underserved community members to build capacity for meaningful civic engagement and lift traditionally marginalized voices.

Update The City has worked in coordination with Canal Alliance, Voces del Canal, Multi-Cultural Center of Marin, and other community-based organization partner agencies to develop strategies for specific inclusive engagements, including the promotion of the Police Accountability and Advisory Committee and the Canal Broadband Feasibility study. Staff continues to support multilingual public meetings (including community meetings in Spanish with English interpretation, workshops, and social media in English and Spanish.

Staff are working on formalizing these approaches through strategic communications and language access planning. The Police Advisory and Accountability Committee was the first Committee to have Spanish language interpretation at all its meetings. In addition, meeting materials are translated into Spanish and Vietnamese.

DEIB4 Hold community meetings in Spanish with English interpretation and analyze best practices for increasing inclusivity by offering daycare, food, and stipends to participants.

Update Throughout the community engagement efforts for the Police Accountability and Advisory Committee, the City of San Rafael deployed multilingual community workshops, including meetings in which the primary language was Spanish. The City continues to support interpretation services at public meetings and is formalizing the practice for multiple meeting bodies.

Staff also provided childcare services and snacks for the evening meetings on policing in San Rafael. Staff will continue to offer these types of services and analyze if they bring additional participation along with language access as best practices.

The Fire Department has prioritized translating all prevention and emergency preparedness information and developed a community ambassador program in partnership with CBOs. Ambassadors receive stipends from community partners, funded from the Marin Wildfire Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Policy Focus Area: Diversity, Equity, Inclusion & Belonging (DEIB) Prevention Authority, to do various forms of community outreach in native languages with an emphasis on signing people up for emergency alerts.

The City Clerk’s office is offering stipends to the Police Advisory and Accountability Committee members as a pilot program and may bring stipends to all Boards, Commissions and Committees depending on the outcome of the pilot.

DEIB5 Increase police accountability and promote transparency with law enforcement and develop a community accountability advisory committee who will evaluate options such as, engaging an independent auditor and providing feedback on policing policies and practices.

Update Police Advisory and Accountability Committee, established in December 2023, meets monthly to enhance transparency and community engagement in police operations. Further information is available here: https://www.cityofsanrafael.org/paac/. As part of the creation of the Police Advisory & Accountability Committee creation there was extensive community engagement in 2022 to inform the priorities of the of the Committee. In addition, after the City Council established the committee in June 2023, the City conducted extensive outreach to ensure the committee reflected the cultural and linguistic diversity of the community.

Among the topics the Police Advisory and Accountability Committee will evaluate and make recommendations on is the potential engagement of an Independent Police Auditor to review and assess Police Administrative Investigations and/or incidents involving police use of force. The scope and role of a potential Independent Police Auditor is to be determined and will be evaluated by the PAAC.

DEIB6 Develop a Language Resource Access Plan to support multilingual engagement practices across the City and explore best practices for interpretation for all publicly noticed meetings.

Update Staff worked through the budget process to highlight areas of funding for translation services and will be working with the DEIB committee to support this plan. Staff anticipates developing and presenting the Language Resource Access Plan to the City Council in 2025.

DEIB7 Implement strategies to increase the diversity of public safety recruitment to attract and hire qualified candidates from diverse backgrounds.

Update In February 2024, the San Rafael Police Department developed a 2024-2026 Recruitment and Selection Plan. The plan details strategies to enhance the diversity of the public safety workforce and to attract and appoint qualified candidates from diverse backgrounds. The comprehensive plan can be accessed here: San Rafael Police Department Recruitment & Selection Plan As of May 2024, the City is on course to recruit twenty new employees within the last twelve months. Among these hires, eight are female, and twelve identify as Hispanic. Currently, forty two percent of the San Rafael Police Department identifies as non-white.

The San Rafael Fire Department is committed to fostering an environment that embraces and celebrates diversity in all its forms. Their recruitment plan outlines strategies to create a more inclusive and diverse workforce within our department and includes:

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Policy Focus Area: Diversity, Equity, Inclusion & Belonging (DEIB) • Creating a Recruitment Team: Implement targeted recruitment efforts to attract candidates from underrepresented communities. Partner with community organizations, schools, and colleges to reach diverse candidate pools. Review and revise hiring practices to ensure they are equitable and bias-free. • Training and Development: Encourage participation in professional development opportunities for career advancement. Review and revise training and probationary/promotional processes to ensure they are equitable and bias-free. • Create Mentorship and Support: Establish mentorship programs to support the career growth of diverse employees. Pair new recruits with experienced firefighters from similar backgrounds for guidance and support.

Policy Focus Area: Housing and Homelessness (HH)
HH1 Evaluate existing tenant protection policies to determine their effectiveness and consider the implementation of revised policies to expand housing choices for all residents, as outlined in the 2023-2031 Housing Element, to ensure habitability, create fair housing, and end homelessness.

Update Staff are evaluating the City's existing tenant protection policies and are planning to bring forward a report to the City Council in fiscal year 2024-25. Additionally, the City is participating in countywide community engagement efforts designed to help inform the development of Marin jurisdictions' anti-displacement strategies. Staff is planning a capacity-building workshop series for Spanishspeaking residents to supplement the Countywide approach.

HH2 Partner with community stakeholders to develop policies to protect renters and low-income earners from increasing housing prices and uncertain economic conditions. Support maintaining and improving our housing base and reduce the likelihood of homelessness.

Update Staff are working with the community and with stakeholders to evaluate and develop Citywide tenant protection policies. While this comprehensive evaluation process is underway, the City Council adopted an urgency ordinance on April 15, 2024, to prevent further displacement in the Opportunity Zone by prohibiting substantial rehabilitation” as a just cause reason for eviction, and requiring landlords to offer tenants the right to return to their unit after repairs are completed. In addition, this ordinance requires that a property owner provide a daily temporary relocation assistance payment to the displaced tenant or offer a comparable unit if available on the property, or on another property within San Rafael city limits when a unit is being substantially rehabilitated to address health and safety concerns. This was in response to feedback from community members and community-based organizations about the need for immediate and urgent action.

In 2023, the City Council awarded $1M from the City’s Affordable Housing Trust Fund to the rehabilitation of affordable units at Terra Linda Manor and $200k to renovate affordable units at Marin Villa Estates. Additionally, the City Council allocated another $180k from Community Development Block Grant funding to the renovation of affordable units at Marin Villa Estates.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Policy Focus Area: Housing and Homelessness (HH)
In 2024, the City Council awarded $200k to Art Works Downtown to complete an electrical upgrade project at their downtown property which provides 17 affordable housing units. The council also allocated $45k to Marin Center for Independent Living’s program offering home access modifications, and $297k in CDBG funds to the development of Habitat Redwood Blvd, a new affordable homeownership development in northern Marin. This development will provide units to the greater county population, including San Rafael.

HH3 Continue evaluating Housing-Focused Shelter (Interim Housing), fortified with strong case management services to help transition unhoused community members into permanent supportive housing.

Update Staff worked with the County of Marin on Encampment Resolution Fund Round 3 (ERF-3) grants ($6 million) to provide interim housing, case management, and other services in San Rafael, and at the Mahon Creek Area encampment.

The ERF-3 grant contemplates the development of an interim housing project will include a continuum of interventions from sanctioned camping to tiny shelters and transitional housing to rapid rehousing and permanent housing, with case management services. The City's Encampment Resolution Funding Round 1 (ERF-1, $522K) and Round 2 (ERF-2, $250K) awards and the City's High-Utilizer Case Management program (funded by ARPA) have successfully housed 20 of 34 chronically homeless individuals in permanent supportive housing over the last two years and expect to find housing for 6-8 more program participants over the coming year.

HH4 Explore options for establishing a standardized process to regularly issue Notices of Funding Availability (NOFAs) to facilitate development of new affordable housing using the City's Affordable Housing Trust Fund.

Update Staff are developing proposed improvements to the NOFA process. The purpose of these improvements is to streamline the process and timeline for applicants, align the application and award process with similar County of Marin funding awards to reduce the burden on applicants, facilitate coordinated strategic awards with multiple jurisdictions contributing, and reduce the administrative burden on staff.

HH5 Continue to take a leadership role to support the countywide coordinated entry system and Project Homekey-type efforts to end chronic and veteran homelessness.

Update The City has taken a leadership role within the system of care by supporting new permanent supportive housing at its Homekey project at 3301 Kerner, with 43 Permanent Supportive Housing units expected to open in early 2025. The City committed approximately $2.1M in Affordable Housing Trust Fund dollars to the project. In addition, City staff have presented on the topics of housing and homelessness at community and neighborhood meetings and published the City's homelessness and housing newsletters on a regular basis.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Policy Focus Area: Sustainability, Climate Change & Disaster Preparedness (SCD) SCD1 Develop a comprehensive adaptation plan that addresses the challenges and risks posed by wildfires, sea level rise, and other disasters to San Rafael and its residents using strategies and data from community partnerships and past planning efforts to provide a roadmap for disaster prevention and mitigation.

Update Staff have researched other cities' efforts and plans and are reconsidering whether a comprehensive adaptation plan adds value to all the other planning efforts the City is currently engaged in regarding mitigating disasters. Staff have contributed to the updated countywide Local Hazard Mitigation Plan, including actions related to sea level rise and other climate-related disasters, and are currently working on a sea level rise adaptation and resilience plan. This plan is being developed in conjunction with the grant-funded sea level rise feasibility study project in the Canal to leverage the work of the consultants and robust community engagement that are part of that study. This will position the City well for future project funding.

SCD2 Build a more resilient community in the face of disasters, able to recover more quickly and effectively, including evacuation planning for residents in the event of emergencies. Increase disaster preparedness outreach so all residents, regardless of income, language, physical ability, digital access, or any limiting factor have knowledge and resources to be prepared to respond to disasters.

Update The City adopted the updated Emergency Operations Plan and developed an updated Emergency Operations Center (EOC) Handbook, and Storm Response Playbook. The City participated in the Countywide updates of the Local Hazard Mitigation Plan. Staff continue to conduct and develop training for community members and City staff on topics relating to disaster preparedness, response, and recovery.

Staff have increased Spanish language disaster preparedness outreach, including offering classes and printed material in Spanish, and developing a peer-to-peer outreach program.

Staff is currently drafting a Citywide Continuity of Operations Plan as well as Wildfire Response Playbook.

SCD3 Implement SB 1383 and reduce short-lived climate pollutants from organic waste. Promote voluntary compliance, protect the environment, and contribute to the City’s overall sustainability goals.

Update The City has signed an agreement with Zero Waste Marin to take on responsibility for implementing many of the provisions of SB 1383, including enforcement, outreach, and edible food recovery. The City will still need to oversee and be involved with some enforcement, conduct a certain amount of our own outreach ongoing, and establish citywide procurement of paper products that meets the regulations and track them annually. Staff is currently conducting trainings in all departments on the regulations, is developing instructional materials, and is working with janitorial contractors to meet the regulations.

SCD4 Continue to do outreach and partner with the County of Marin to implement the Reusable Foodware Ordinance to reduce waste, litter, and contamination in composting streams.

Update Staff participates in a countywide working group on the Reusable Foodware Ordinance. The City’s Sustainability Fellow has been assigned to lead outreach efforts. County Environmental Health Services is conducting enforcement and will work with the Sustainability and Code Enforcement divisions when necessary.

Attachment 1: City Council 2023-2025 Goals & Objectives Progress Update

Policy Focus Area: Sustainability, Climate Change & Disaster Preparedness (SCD) SCD5 Collaborate with the Transportation Authority of Marin and other community partners to develop an electric vehicle (EV) strategy for San Rafael, including increasing EV’s and EV charging infrastructure at City facilities and in the community.

Update The City Council accepted the City's Electric Vehicle Acceleration Strategy and Workplan on September 5, 2023.The City completed a charging evaluation assessment on several of our facilities in April 2024 and is actively working on our implementation plan.

SCD6 Collaborate with the County of Marin to develop and implement a comprehensive Building Electrification Plan.

Update Staff have contributed to the County of Marin’s draft Building Electrification plan. The County anticipates final adoption of this plan in Summer 2024.

Objective Milestone or Activity Description Primary
Dept
Supportin
g Dept
Start
Date
Target
Completion Status Funding Barriers & Comments GOAL CIP Y/N Asset Inventory and Asset Strategic Management Plan
Asset Inventory
Develop list of assets and associated attributes, conduct data collection using LiDAR for all visible assets (e.g., curb ramps, hydrants, signage, trees, etc.), and extract/export features from LiDAR data in a format compatible with the City's GIS
PW DS Q3 FY '24 Q4 FY '24 In Process Services
Procured
Mitigate risk around Staff time/competing priorities with potential temp staff/intern
Management Software
Selection Procure Asset Management Software (AMS) and recommend vendor PW DS Q3 FY '24 Q4 FY '24 In Process PW/DS In the PW/DS budget Community Engagement Provide update on asset inventory efforts and introduce project plan to the community for feedback PW DS Q4 FY '24 Q1 FY '25 In Process - Align staff time constraints with community expectations Software Rollout Provide staff with access to AMS and training on how to search and update asset data PW DS Q4 FY '24 Q2 FY '25 In Process - -
Standard Operating
Procedures and Policies
Define information management and data share approach (e.g., replacement schedules, investigation of funding opportunities, reduction or expansion of inventory, etc.)
PW DS Q4 FY '24 Q3 FY '25 In Process - Staff capacity constraints Inventory Update Incorporate additional non-LiDAR asset data (e.g., location and description) PW DS Q1 FY '25 Q3 FY '25 Upcoming General Fund Potential cost for intern/temp staff from the General Fund System Integration Integrate asset inventory with SeeClickFix (SCF) system PW DS Q2 FY '25 Q3 FY '25 Upcoming - - Software Training Train staff on responding to SCF tickets via AMS PW DS Q2 FY '25 Q4 FY '25 Upcoming - Dependent on Citywide implementation of SCF SOPs and SCF integration with AMS
Draft Asset Strategic
Management Plan (ASMP)
Develop near-term and long-term maintenance goals and investigate opportunities for future buildout and utilization of asset management program
PW DS Q4 FY '25 Q1 FY '26 Upcoming
Presentation Provide update on ASMP to City Council and seek feedback from community PW DS Q2 FY '26 Q2 FY '26 Upcoming Final ASMP Finalize ASMP based on consideration of feedback PW DS Q3 FY '26 Q3 FY '26 Upcoming Citywide Bicycle and Pedestrian Plan (CBPP)
RFP Develop and advertise Request for Proposal (RFP) PW - Q3 FY '24 Q1 FY '25 In Process Staff capacity constraints. Consider hiring a traffic consultant project manager to manage the consultant team.

Community Engagement
Create and advertise online survey to collect input and suggested improvements for CBPP update. Provide opportunities to gather input on suggested improvements at existing events. A few examples include: BPAC meetings, Movie in the Parks, neighborhood meetings, Age Friendly Task Force, Safe Routes to Schools, etc.

PW - Q4 FY '24 Q1 FY '26 In Process
Staff anticipates using a variety of outreach methods (e.g., meetings/workshops, online survey, pop-up event, social media campaign, etc.) to effectively engage the community and gather feedback from the largest demographic possible.

Review outreach strategy with an equity lens.

Professional Services
Agreement Award
Recommend consultant team to BPAC and City Council and award of professional services agreement PW - Q2 FY '25 Q2 FY '25 Upcoming Staff capacity constraints
CBPP Update
Review existing Bicycle & Pedestrian Master plan projects, suggested improvements from outreach. Prepare exhibits and report summarizing the assessment of the current network and recommendations for new or updated policies and projects. Include rough order of magnitude project costs to assist with annual CIP update
PW Fire, PD Q3 FY '25 Q3 FY '26 Upcoming
Staff capacity constraints
Presentation Introduce and present draft CBPP update to BPAC and City Council PW - Q4 FY '26 Q4 FY '26 Upcoming Adoption Finalize CBPP based on consideration of feedback and adoption of CBPP by City Council PW - Q1 FY '27 Q2 FY '27 Upcoming
N
D:

Bullet
#7
Fund 246
D:

Bullet
#9 DRAFT Y
Draft Infrastructure and Transportation Work Plan Projects and Programs Citywide Buildings and Facilities Plan (CBFP)
RFP Develop and advertise Request for Proposal (RFP) PW - Q1 FY '25 Q1 FY '25 Upcoming Staff capacity constraints Professional Services
Agreement Award
Recommend consultant team and award of professional services agreement to City Council PW - Q2 FY '25 Q2 FY '25 Upcoming
Asset Inventory and
Conditions Assessment
Develop list of buildings and facilities assets and associated attributes, conduct site investigations, review maintenance records, input collected data into asset management software, and prepare conditions assessment report based on compilation of data
PW - Q3 FY '25 Q1 FY '26 Upcoming Hire temporary admin assistant to help collect and digitize asset inventory
Draft CBFP
Prepare draft report summarizing the assessment of existing buildings and facilities, recommendations for new or updated policies and projects, and maintenance and inspection plan approach
PW - Q1 FY '26 Q2 FY '27 Upcoming
Final CBFP Finalize CBFP and include with annual budget and CIP process. PW - Q3 FY '27 Q4 FY '27 Upcoming Citywide Storm Drain Plan (CSDP)
RFP Develop and advertise Request for Proposal (RFP) PW - Q3 FY '24 Q3 FY '24 Complete - PSA Award Recommend consultant team and award of professional services agreement to City Council PW - Q4 FY '24 Q4 FY '24 In Process -
Asset Inventory and
Conditions Assessment
Develop list of storm drain assets and associated attributes, conduct field data collection in three parts (i.e., topside field investigation, video inspections, and pump station assessment), extract/export features from data in a format compatible with the City's GIS, and prepare conditions assessment report based on review of storm drain data
PW - Q1 FY '25 Q3 FY '25 Upcoming
Draft CSDP
Prepare draft report summarizing the field data collection results and system needs, existing conditions, new stormwater project recommendations, and maintenance and inspection plan approach
PW - Q4 FY '25 Q2 FY '26 Upcoming Staff capacity constraints and funding if additional scope needed to complete
Draft Drainage Design
Standards
Develop draft drainage design standards and guidelines to provide guidance on how to analyze and appropriately size drainage infrastructure, including references to other relevant drainage requirements or guidance documents (e.g., MCSTOPPP water quality treatment measures and Marin County Drainage Manual)
PW - Q2 FY '26 Q3 FY '26 Upcoming
Presentation Introduce and present draft CSDP and drainage design standards to City Council PW - Q4 FY '26 Q4 FY '26 Upcoming
Adoption Finalize CSDP and design standards based on consideration of feedback and adoption of them by City Council PW - Q1 FY '27 Q2 FY '27 Upcoming D:

Bullet
#6
D:

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Fund
205,
General
Fund Y
Fund 603 Y
DRAFT
FY25-26 Capital Improvement Program (CIP) Plan
Project Ranking Criteria
Review
Evaluate project ranking criteria and process, including consideration for capacity planning and prioritization. Implement new process and criteria. PW CMO, FIN Q1 FY '25 Q2 FY '25 Upcoming General Fund Staff capacity constraints and funding if outside consultants needed
Parks Measure A Work
Plan Development
Develop Measure A Work Plan based on CPRMP priorities and recommendations and present to Parks and Recreation Commission LR PW Q3 FY' 25 Q3 FY' 25 Upcoming - Staff capacity constraints Goals & Objectives and
DPW Work Plan
Create department Goals and Objectives for upcoming fiscal year. Create work plan that links Goals and Objectives with CIP. PW CMO Q2 FY '25 Q4 FY' 25 Upcoming General Fund Staff capacity constraints and funding if outside consultants needed. Coordination with other departments and CMO
CIP Budget and Report Conduct budget analysis and program funds for high ranking CIP projects and annual programs, and prepare draft CIP report PW CMO, FIN Q3 FY' 25 Q4 FY' 25 Upcoming General Fund Presentation Introduce and present draft CIP plan to BPAC and City Council PW CMO, FIN Q4 FY' 25 Q4 FY' 25 Upcoming Adoption Finalize CIP plan based on consideration of feedback and adoption by City Council PW CMO, FIN Q4 FY' 25 Q4 FY' 25 Upcoming General Fund Storm Drain Maintenance Environmental Compliance and Permitting Project RFP Develop and advertise Request for Proposal (RFP) PW - Q4 FY '24 Q1 FY '25 In Process Staff capacity constraints PSA Award Select consultant team and award of professional services agreement by City Council PW - Q2 FY '25 Q2 FY '25 Upcoming
Preliminary Environmental
Assessment and
Documentation
Collect site information and prepare documentation supporting applications to regulatory agencies PW - Q3 FY '25 Q4 FY '25 Upcoming Staff capacity constraints. Weather and permitting requirements Environmental Clearance Prepare and submit applications to relevant regulatory agencies and respond to application review comments PW - Q4 FY '25 Q1 FY '26 Upcoming Approval/Permit Receive approval/permit from relevant regulatory agencies PW - Q2 FY '26 Q2 FY '26 Upcoming Permitting agencies timeline Terra Linda Park and Community Center Enhancement Plan (TLPCCEP) PSA Award Recommend consultant team and award of professional services agreement by City Council LR PW Q3 FY '24 Q3 FY '24 Complete RFP was advertised in Q2 FY '24.

Site Assessment Conduct site visit to assess existing facilities, meet with recreation and maintenance staff for needs assessment and review record documents LR PR Q4 FY '24 Q1 FY '25 In Process Community Engagement Develop and implement plan for soliciting community feedback LR PW Q4 FY '24 Q1 FY '25 Upcoming Staff anticipates using a variety of outreach methods (e.g., meetings/workshops, online survey, pop-up event, social media campaign, etc.) to effectively engage the community and gather feedback from the largest demographic possible.

Policies and Projects
Develop and prioritize recommended policies and projects, including rough order of magnitude project costs, for consideration during the annual CIP update and considerations for ongoing maintenance and estimated cost for implementation
LR PW Q2 FY '25 Q2 FY '25 Upcoming
Draft TLPCCEP
Prepare draft report summarizing site assessment findings and recommendations for new or updated policies and projects and maintenance and inspection approach
LR PW Q3 FY '25 Q3 FY '25 Upcoming
Presentation Introduce and present draft TLPCCEP to Parks and Recreation Commission and City Council LR PW Q3 FY '25 Q3 FY '25 Upcoming
Adoption Finalize TLPCCEP based on consideration of feedback and adoption by City Council LR PW Q4 FY '25 Q4 FY '25 Upcoming -
Measure
A
General
Fund
approved
request
from
FY24
B:

Bullet
8 Y
Y
D:

Bullet
#1
N
DRAFT
Sea Level Rise Feasibility Assessment (SLRFA)
Project Team Assembly
and Scope
Collaborate with stakeholders, including community and technical partners, to formulate core project team and develop project scope to comply with grant deliverables
ST PW Q2 FY '23 Q1 FY '25 In Process Staff capacity constraints Community Engagement
Conduct workshops, facilitate regular meetings (with focus groups, steering committee, technical advisory committee, and working groups), and lead social media campaigns to educate the community about sea level rise, adaptation alternative approaches and the project, and gather feedback on adaptation preferences, information gaps, and concerns with potential SLR impacts
ST PW Q3 FY '23 Q3 FY '25 In Process
PSA Award Recommend engineering consultant team and award of professional services agreement by City Council ST PW Q3 FY '24 Q3 FY '24 In Process Staff capacity constraints Draft SLRFA Prepare draft report summarizing assessment of adaptation alternatives ST PW Q1 FY '25 Q3 FY '25 Upcoming Presentation Introduce and present draft SLRFA to SLR Sub-committee and accept comments ST PW Q4 FY '25 Q4 FY '25 Upcoming
Final SLRFA Finalize SLRFA based on consideration of feedback and integrate with Priority Development Area Plan ST PW Q1 FY '26 Q1 FY '26 Upcoming Road Safety Planning, including adoption of Vision Zero Action Plan LRSP Creation Support Support TAM and County of Marin on Local Road Safety Plan (LRSP) creation PW CMO FY '23 Q3 FY '24 Complete TAM and County
Need to coordinate with Bike and Ped Citywide Plan, timing consideration
LRSP Adoption Adopt LRSP by City Council PW - Q4 FY '24 Q4 FY '24 Complete - Ongoing until funding obtained Traffic Calming Policy Create a toolbox of traffic calming measures, create a priority list and outline the process for implementation PW PD, Fire Q3 FY '24 Q3 FY '25 In Process - Staffing constraints; impact on other initiatives Grant Application Collaborate with County of Marin on submission of joint application for Federal Safe Streets for All planning grant PW - Q4 FY '24 Q2 FY '25 In Process Seeking
SS4A
Grant
Grant needed to perform action plan and CBPP
AB 43 Evaluate applicability of AB 43 and options for implementation PW PD, Fire Q2 FY '25 Q4 FY '25 Upcoming Fund 246 Need to coordinate with Action Plan.

Annual program project
selection FY 24-25
Identify projects assoicated with annual programs related to road safety and Vision Zero goals PW Q1 FY '25 Q1 FY '25 Upcoming -
Annual program project
selection FY 25-26
Identify projects assoicated with annual programs related to road safety and Vision Zero goals PW Q3 FY '25 Q1 FY '26 Upcoming -
Draft Action Plan Create strategy and implementation plan for Vision Zero; evaluate LRSP, AB laws, other traffic initiatives, and planning documents; PW - Q3 FY '25 Q3 FY '26 Upcoming Seeking
SS4A
Grant
Funding for grant needed to perform action plan. Need to coordinate with CBPP, timing consideration
Community Engagement Develop and implement plan for providing project updates and soliciting community input. PW CMO Q3 FY '25 Q1 FY '26 Upcoming
Staff anticipates using a variety of outreach methods in conjunction with Marin County to effectively engage the community and gather feedback and educate the largest
demographic possible.

Technical Engagement Create Technical Advisory committee with key internal and external stakeholders. Meet throughout the Action Plan process PW CMO, PD, Fire Q3 FY '25 Q4 FY '26 Upcoming Coordination of schedules with key stakeholders. Consensus on ways to get to Zero.

Presentation Introduce and present draft Vision Zero Action Plan to BPAC and City Council PW - Q3 FY '26 Q3 FY '26 Upcoming
Adoption Finalize plan based on consideration of feedback and adoption of Vision Zero Action Plan by City Council PW CMO, PD, Fire Q3 FY '26 Q4 FY '26 Upcoming State
grants
(OPR,
SCC),
Marin
Communi
ty
Foundati
on
Sustain
ability
Focus
Area:

Bullet
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N
N
DRAFT
Albert J Boro Community Center: HVAC & Roof Repair Project Roof Assessment Perform core sampling of existing roof and prepare report summarizing results of roof assessment and recommendations for roof repair PW LR Q3 FY '24 Q2 FY '25 In Process HVAC Assessment
Develop recommendations for enhancing efficiency, repairing and upgrading HVAC systems based on assessment of current HVAC systems and review of operation and maintenance records
PW LR Q3 FY '25 Q3 FY '25 Upcoming
Design Develop construction documents and obtain environmental clearance PW - Q4 FY '25 Q1 FY '26 Upcoming Duration of design phase is dependent of level of repair necessary for HVAC and roof.

Bid Advertisement &
Construction Award Solicit for construction bids and award of construction contract PW - Q2 FY '26 Q3 FY '26 Upcoming Construction Obtain construction-related permits and construct project PW - Q4 FY '26 Q1 FY '27 Upcoming bid results, weather conditions, coordination with events/programs at the center
Childcare Portable Building Replacement (Pickleweed) Project Contract consultant from
On call consultants
Request proposal and contract directly with architectural consultant from on call/ service level agreement list. PW - Q4 FY '24 Q2 FY '25 Upcoming Planning/Design Develop conceptual plans and construction documents and obtain environmental clearance PW - Q2 FY '25 Q3 FY '25 Upcoming Staff capacity. Existing conditions constraints Bid Advertisement &
Construction Award
Solicit for construction bids and award of construction contract by City Council PW - Q4 FY '25 Q4 FY '25 Upcoming
Construction
Obtain construction-related permits and construct project PW - Q4 FY '25 Q1 FY '26 Upcoming Supply chain and manufacturer delays on modular building.

Construction can only occur during summer break from
school.

Downtown Library Modernization Project
Grant Administration Submit grant compliance documents for Building Forward and State Targeted grants funding LR PW Q3 FY '23 Q3 FY '26 In Process Planning
Develop conceptual design and prepare design development documents, including rough order of magnitude costs, to support selection of improvements for final project scope
PW LR Q3 FY '23 Q3 FY '24 Complete -
Design Develop construction documents and obtain environmental clearance PW LR Q4 FY '24 Q4 FY '24 In Process Bid Advertisement &
Construction Award Solicit for construction bids and award of construction contract PW LR Q1 FY '25 Q1 FY '25 Upcoming Design team and staff will evaluate various project delivery methods in support of successful project completion.

Construction Obtain construction-related permits and construct project PW LR Q1 FY '25 Q3 FY '25 Upcoming Bid results could impact scope and timing. Discovery of unforeseen building conditions can impact project costs and timeline. Temporary site is in the process of being to
continue providing library services during construction.

Fund 603 N
Fund 603
B:

Bullet
#3
N Y
Y
The following projects are incluced in the FY 2024-25 Capital Improvement Program Y
Building
Forward
Grant,
State
Targeted
Grant,
and
Memorial DRAFTFunds
Pickleweed Branch Library Redesign Project
Grant Administration Submit grant compliance documents for Building Forward and State Targeted grants funding LR PW Q2 FY '24 Q3 FY '26 In Process RFP Develop and advertise Request for Proposal (RFP) LR PW Q2 FY '24 Q3 FY '24 Complete - PSA Award Recommend consultant team and award of professional services agreement by City Council LR PW Q4 FY '24 Q4 FY '24 Complete -
Planning
Develop conceptual design and prepare design development documents, including rough order of magnitude costs, to support selection of improvements for final project scope
PW LR Q4 FY '24 Q2 FY '25 Upcoming Staff capacity constraints Community Engagement Develop and implement plan for soliciting community feedback on facility improvement and upgrade options LR PW Q1 FY '25 Q2 FY '25 Upcoming Design Develop construction documents and obtain environmental clearance PW LR Q3 FY '25 Q4 FY '25 Upcoming Bid Advertisement &
Construction Award
Solicit for construction bids and award of construction contract by City Council PW LR Q4 FY '25 Q1 FY '26 Upcoming
Construction Obtain construction-related permits and construct project PW LR Q1 FY '26 Q3 FY '26 Upcoming Bid results could impact scope and timing Albert Park Fence Installation Project
Design Revise construction documents based on site assessment and obtain environmental clearance PW LR Q2 FY '24 Q3 FY '24 Complete Project scope was modified a few times because bid results exceeded project budget, repeatedly. Installation of taller fencing along the third base line was identified as a top priority in the CPRMP and remained part of the project
scope.

Construction Award Solicit for construction bids and award of construction contract by City Manager PW LR Q3 FY '24 Q3 FY '24 Complete
Construction Obtain construction-related permits and construct project PW LR Q4 FY '24 Q4 FY '24 Complete Peacock Gap Park Playground Improvement Project
Planning/Design Develop conceptual plans and construction documents and obtain environmental clearance PW LR Q3 FY '24 Q1 FY '25 In Process - Community Engagement Facilitate pop-up event and conduct survey to solicit community feedback on design options and present design to Parks and Recreation Commission LR PW Q2 FY '25 Q2 FY '25 Upcoming Bid Advertisement &
Construction Award
Solicit for construction bids and award of construction contract by City Council PW LR Q3 FY '25 Q3 FY '25 Upcoming
Construction Obtain construction-related permits and construct project PW LR Q4 FY '25 Q1 FY '26 Upcoming Bid results; construction material lead time and weather conditions
Measure
A
Measure
A
Building
Forward
Grant
and
Memorial
Funds
B:

Bullet
#3
N
Y
Y
Y
B:

Bullet
#4
DRAFT
Pickleweed Park Enhancement & Field Renovation Project
P Grant Administration
Submit grant compliance documents to secure and maintain Land and Water Conservation Fund (LWCF) funding and request for project cost reimbursements
LR PW Q2 FY '24 Q3 FY '26 In Process Planning, grant applications, and community outreach meetings/events were completed prior to Q3 FY '24.

Design/Permitting Prepare construction documents and obtain necessary environmental permits PW LR Q2 FY '23 Q4 FY '24 In Process -
Bid Advertisement &
Construction Award
Solicit for construction bids and award of construction contract by City Council PW LR Q1 FY '25 Q1 FY '25 Upcoming
Construction Obtain construction-related permits and construct project PW LR Q2 FY '25 Q3 FY '26 Upcoming Secure additional funding; bids results could impact scope and timing; weather conditions and environmental permit requirements; need to share space with other construction projects in the area
B St Culvert Replacement Project
Design Revision Revise construction documents based on feedback from San Rafael Sanitation District PW - Q3 FY '24 Q3 FY '24 Complete Project timeline was impacted by weather conditions and utility coordination; therefore, project had to be readvertised for construction bids.

Bid Advertisement &
Construction Award
Solicit for construction bids and award of construction contract by City Council PW - Q4 FY '24 Q4 FY '24 Complete
Construction Obtain construction-related permits and construct project PW - Q1 FY '25 Q3 FY '25 Upcoming Consider construction inspector to assist with staff capacity.

FY24-25 Corrugated Metal Pipe Replacement Project
Planning Identify and prioritize pipe segments for replacement based on ongoing operation and maintenance records PW - Q4 FY '24 Q1 FY '25 Upcoming Staff capacity and funding Design Develop construction documents and obtain environmental clearance PW - Q1 FY '25 Q2 FY '25 Upcoming Construction Award Solicit for construction bids and award of construction contract by City Manager PW - Q2 FY '25 Q2 FY '25 Upcoming
Construction Obtain construction-related permits and construct project PW - Q2 FY '25 Q4 FY '25 Upcoming Bid results; construction material lead time and weather conditions
San Quentin Pump Station Reconstruction Project
Construction Obtain construction-related permits and construct project Q4 FY '23 Q3 FY '24 Complete Construction Resumption Resume construction and complete project Q1 FY '25 Q1 FY '26 Upcoming Construction material lead time and weather conditions Large Trash Capture Projects - 5 Locations (MCSTOPPP)
RFP Develop and advertise Request for Proposal (RFP) PW - Q1 FY '25 Q1 FY '25 Upcoming
Device installation requires pump station upgrades leading to project cost going over available grant funding.

PSA Award Recommend consultant team and award of professional services agreement by City Council PW -
Q2 FY '25 Q2 FY '25 Upcoming
Design Develop construction documents and obtain environmental clearance PW - Q3 FY '25 Q4 FY '26 Upcoming Bid Advertisement &
Construction Award
Solicit for construction bids and award of construction contract by City Council PW -
Q1 FY '27 Q1 FY '27 Upcoming
Construction Obtain construction-related permits and construct project PW - Q2 FY '27 Q2 FY '28 Upcoming Bid results; construction material lead time and weather conditions. Funding short falls
EPA
WQIF
Grant,
Caltrans
Cooperati
ve
Agreeme
nt
ARPA
Fund
205,
Fund 206
Fund 206
N
Y
Y
N
B:
bullet
#2
N
N
Y
Y
LWCF
National
Parks
Grant,
General
Fund

DRAFT Y
Canal Active Transportation Experience Improvements Project Grant Administration
Submit grant compliance documents to secure and maintain Active Transportation Program Cycle 6 (ATP 6) funding and request for project cost reimbursements
PW - Q2 FY '24 Q4 FY '28 In Progress
RFP Develop and advertise Request for Proposal (RFP) for Project Approval PW - Q4 FY '24 Q1 FY '25 In Process Staff TBD; will hire/manage consultant PSA Award Recommend consultant team and award of professional services agreement by City Council
PW - Q2 FY '25 Q2 FY '25 Upcoming -
PA&ED Conduct preliminary design, environmental scoping and prepare necessary environmental documentation PW - Q3 FY '25 Q4 FY '25 Upcoming Construction funding available FY '27 Community Engagement Introduce and present project conceptual design to community for feedback PW - Q4 FY '25 Q4 FY '25 Upcoming Grant application scope of work set. Outreach focused on lighting
Lighting Policy Review lighting policy and ordinance for lighting along Jean Starkweather pathway PW - Q4 FY '25 Q4 FY '25 Upcoming Review with community, Parks & Recreation Commission, and City Council. Parks currently closed sunset to sunrise.

Design RFP Develop and advertise Request for Proposal (RFP) for design phase PW - Q1 FY '26 Q1 FY '26 In Process Staff TBD; will hire/manage consultant Design PSA Award Recommend consultant team and award of professional services agreement by City Council
PW - Q2 FY '26 Q2 FY '26 Upcoming -
Design Develop construction documents based on consideration of feedback from conceptual design
PW - Q3 FY '26 Q1 FY '27 Upcoming Project timeline is dependent on federal funding procedures and may be impacted by necessary utility coordination.

Caltrans Field Review,
Environmental Studies and
Approval
Coordinate with Caltrans to review project scope and agree on project requirements necessary to comply with federal and state laws and regulations. Prepare and submit documentation for compliance with the National Environmental Policy Act (NEPA) and other applicable federal environmentally related laws, and adherence to public hearing process for approval.

PW - Q3 FY '26 Q4 FY '26 Project timeline is dependent on federal funding procedures and may be impacted by necessary utility coordination.

Caltrans Right-of-Way
Certification and Utility
Coordination
Coordinate with Caltrans for right-of-way certification, adherence to utility relocation procedures, and prepare and submit documentation necessary to comply with federal and state laws and regulations.

PW - Q4 FY '26 Q1 FY '27 Project timeline is dependent on federal funding procedures and may be impacted by necessary utility coordination.

Bid Advertisement &
Award
Solicit for construction bids and award of construction contract by City Council PW - Q2 FY '27 Q2 FY '27 Upcoming
Construction Obtain construction-related permits and construct project PW - Q3 FY '27 Q3 FY '28 Upcoming Project timeline is dependent on federal funding procedures and may be impacted by necessary utility coordination.

Construction funding available in fiscal year 2027.

D:

Bullet
#2
ATP
Grant,
Fund 206
Y
DRAFT
Canal Alliance Mid-Block Crossing Enhancement Project
Grant Administration Submit grant compliance documents to secure and maintain grant funding and request for project cost reimbursements PW - Q3 FY '24 Q2 FY '26 In Progress City secured: Transportation Development Act (TDA) and
Transportation Fund for Clean Air (TFCA) funding.

Canal Alliance working on remaining funding shortage. City just reccomended CDGB funding for a portion of the project.

Contract consultant from
On call consult
Request proposal and contract directly with architectural consultant from on call/ service level agreement list within City Manager authority PW - Q1 FY '25 Q1 FY '25 Upcoming Design Develop construction documents based on conception design and obtain environmental clearance PW - Q1 FY '25 Q2 FY '25 Upcoming Bid Advertisement &
Construction Award
Solicit for construction bids and award of construction contract by City Council PW - Q3 FY '25 Q3 FY '25 Upcoming
Construction Obtain construction-related permits and construct project PW - Q4 FY '25 Q1 FY '26 Upcoming Bid results; construction material lead time. Funding short falls
Fourth St/Miracle Mile at Second St and West Crescent Dr Project Grant Administration
Submit grant compliance documents to secure and maintain One Bay Area Grant Cycle 3 (OBAG 3) funding and request for project cost reimbursements
PW - Q2 FY '24 Q1 FY '28 In Progress
PA&ED Conduct preliminary design and prepare necessary environmental documentation PW - Q1 FY '24 Q3 FY '25 In Progress
Design Prepare construction documents based on consideration of feedback from conceptual design options and obtain environmental clearance PW - Q1 FY '24 Q2 FY '26 In Progress Coordination with utility companies, especially for relocation of cabinets and undergrounding of overhead lines, can
heavily influence project timeline. Adherence to OBAG 3 federal funding procedures, e.g. Caltrans field review, will lengthen project timeline.

Caltrans Field Review,
Environmental Studies and
Approval
Coordinate with Caltrans to review project scope and agree on project requirements necessary to comply with federal and state laws and regulations. Prepare and submit documentation for compliance with the National Environmental Policy Act (NEPA) and other applicable federal environmentally related laws, and adherence to public hearing process for approval.

PW - Q3 FY '24 Q4 FY '25 Project timeline is dependent on federal funding procedures and may be impacted by necessary utility coordination.

Community Engagement Develop and implement plan for obtaining feedback on downtown gateway design PW - Q3 FY '25 Q3 FY '25 Upcoming
Caltrans Right-of-Way
Certification and Utility
Coordination
Coordinate with Caltrans for right-of-way certification, adherence to utility relocation procedures, and prepare and submit documentation necessary to comply with federal and state laws and regulations.

PW - Q1 FY '26 Q2 FY '26 Project timeline is dependent on federal funding procedures and may be impacted by necessary utility coordination.

Bid Advertisement &
Award
Solicit for construction bids and award of construction contract by City Council PW - Q2 FY '26 Q3 FY '26 Upcoming
Construction Obtain construction-related permits and construct project PW - Q4 FY '26 Q4 FY '27 Upcoming Coordination with utility companies, especially for relocation of cabinets and undergrounding of overhead lines, can
heavily influence project timeline.

TDA,
TFCA,
CDGB,
Canal
Alliance
N
MTC
Grant,
Fund 206
D:

Bullet
#1
Y
Y
DRAFT
FY24-25 City-Led Sidewalk Repair Project
Design
Prepare construction documents and obtain environmental clearance PW - Q2 FY '25 Q3 FY '25 Upcoming Staff capacity
Construction Award Solicit for construction bids and award of construction contract by City Manager PW - Q4 FY '25 Q4 FY '25 Upcoming
Construction Obtain construction-related permits and construct project PW - Q4 FY '25 Q1 FY '26 Upcoming FY24-25 Pavement Maintenance Project
Design Prepare construction documents and obtain environmental clearance PW - Q2 FY '25 Q3 FY '25 Upcoming Staff capacity Bid Advertisement &
Construction Award
Solicit for construction bids and award of construction contract by City Council PW - Q3 FY '25 Q3 FY '25 Upcoming
Construction Obtain construction-related permits and construct project PW - Q4 FY '25 Q2 FY '26 Upcoming Bid results; weather Lincoln Ave Safety Improvement Project
Grant Administration
Submit grant compliance documents to secure and maintain Highway Safety Improvement Program (HSIP) funding and request for project cost reimbursements
PW - Q4 FY '24 Q4 FY '26 In Progress
PSA Award Solicit proposals for professional design services and recommend consultant team for award of professional services agreement by City Manager PW - Q1 FY '25 Q1 FY '25 Upcoming Design Prepare construction documents and obtain environmental clearance PW - Q2 FY '25 Q3 FY '25 Upcoming Staff capacity Construction Award Solicit for construction bids and award of construction contract by City Manager PW - Q4 FY '25 Q4 FY '25 Upcoming
Construction Obtain construction-related permits and construct project PW - Q1 FY '26 Q3 FY '26 Upcoming Bid results San Rafael Canal Crossing Project
Feasibility Study RFP Develop and advertise Request for Proposal (RFP) to conduct feasibility study PW - Q3 FY '25 Q4 FY '25 Upcoming Starting in April '25; staff constraints PSA Award Recommend consultant team and award of professional services agreement by City Council PW - Q1 FY '26 Q1 FY '26 Upcoming -
Feasibility Study
Develop plan for community engagement, conduct feasibility study and prepare draft report with recommendations, including rough order of magnitude costs and funding opportunities
PW - Q2 FY '26 Q1 FY '28 Upcoming Timeline estimated; Council to receive outreach/presentations; task will expand in FY '25
Community Engagement Introduce project feasibility study to the community for feedback PW - Q3 FY '26 Q3 FY '26 Upcoming Community Engagement Provide update on feasibility study and draft recommendations to the community for feedback PW - Q1 FY '28 Q1 FY '28 Upcoming Final Feasibility Study Finalize feasibility study report based on consideration of feedback PW - Q2 FY '28 Q2 FY '28 Upcoming D:

Bullet
#2
ATP
Grant
Fund
206/
RMRA
Fund 206
HSIP
Funds
and Gas
Tax
Funds
#206
N
N
N
Y
Y
Y
Y
DRAFT
South Merryvale Rd - Civic Center Connector Pathway Project Grant Administration
Submit grant compliance documents to secure and maintain Reconnecting Communities and Neighborhoods (RCN) Grant Program funding and request for project cost reimbursements
PW Q1 FY '25 Q1 FY '28 Upcoming
RFP Develop and advertise Request for Proposal (RFP) PW - Q1 FY '25 Q1 FY '25 Upcoming PSA Award Recommend consultant team and award of professional services agreement by City Council PW - Q2 FY '25 Q2 FY '25 Upcoming
Planning/Design Develop conceptual plans and construction documents and obtain environmental clearance PW - Q3 FY '25 Q3 FY '26 Upcoming Caltrans Field Review,
Environmental Studies and
Approval
Coordinate with Caltrans to review project scope and agree on project requirements necessary to comply with federal and state laws and regulations. Prepare and submit documentation for compliance with the National Environmental Policy Act (NEPA) and other applicable federal environmentally related laws, and adherence to public hearing process for approval.

PW - Q4 FY '25 Q2 FY '26 Upcoming Project timeline is dependent on federal funding procedures and may be impacted by necessary utility coordination.

Community Engagement Introduce and present conceptual plans to BPAC and the community for feedback PW - Q1 FY '26 Q1 FY '26 Upcoming
Caltrans Right-of-Way
Certification and Utility
Coordination
Coordinate with Caltrans for right-of-way certification, adherence to utility relocation procedures, and prepare and submit documentation necessary to comply with federal and state laws and regulations.

PW - Q2 FY '26 Q3 FY '26 Upcoming Project timeline is dependent on federal funding procedures and may be impacted by necessary utility coordination.

Bid Advertisement &
Construction Award
Solicit for construction bids and award of construction contract by City Council PW - Q4 FY '26 Q4 FY '26 Upcoming
Construction Obtain construction-related permits and construct project PW - Q1 FY '27 Q4 FY '27 Upcoming Bid results N
RCN
grant and
Fund 206
(Measure
B)
Y
DRAFT
Performance Measurement
Select Slides from the Citywide Performance Dashboard 2024 Update View the Performance Measurement Dashboard. 2024 Dashboard Live 5/20/2024. https://www.cityofsanrafael.org/performance-metrics
Housing and Homelessness: Home Back
Case Management Clients Transitioned to Permanent Supportive Housing ~ ® Definition: The number of case
Current Step on the Path to Housing
Case Management Cl ients in City-Funded Services
Step 1: Step 2: Step 3: Step 4:

Early Assessment Voucher Issued Housed
management clients in the two City-funded
programs, broken down by steps in their
pathway to housing. The two programs, the
Encampment Resolution Case Management
Program, and the High Utilizer Program,
engage unserved people living in
encampments. Case management staff work
to build trust, asses for housing assistance
eligibility, obtain identification and other
documents required for housing, address
credit-related barriers, search for apartments,
and support clients in maintaining housing. Engagement Document & Active Search for Ongoing Support The graphic displays the number of people
currently in each step of the process before
getting housing.

Metric:
20 out of 34 participants have been
housed
9 people were housed in 2023
Summary: 20 people in the two programs
have been housed.

Target: In 3 years ...
,. 46 of 65 case management clients gain and
maintain permanent housing, and
Trust-Building
. . .
'Ii 'Ii 'Ii
3 people
Credit Readiness Apartments . . . . .
'Ii 'Ii 'Ii 'Ii 'Ii
;;;; . . . . . 'Ii 'Ii 'Ii 'Ii 'Ii . . . . . 'Ii 'Ii 'Ii 'Ii 'Ii ;;;;;;;; . . . . . 'Ii 'Ii 'Ii 'Ii 'Ii . . . . . 'Ii 'Ii 'Ii 'Ii 'Ii 7 people 4 person 20 people
housed
Operational Metrics: Crime Home Back
Group A Offenses Reported in San Rafael ~ ®
Definition: This dataset includes all
Group A offenses reported within the San
Rafael j urisdiction. Offenses are categorized
as Group A offenses by the National
Incident-Based Reporting System (NIBRS)
based on the seriousness, frequency, and
prevalence of the offense. All Group A
offenses are defined here.

Metric (2023 Data):
4,046 Total Group A Offenses
(-11.6% si nee 2022)
780 Crimes Against Persons (-5,3% since
2022)
2,606 Crimes Against Property Total
(-10.4% since 2022)
660 Crimes Against Society (-21.6%)
Summary: Total Group A offenses and
almost every category of Group A offenses
dropped in 2023 compared to 2022.

Data source: San Rafael Police Department
NIBRS Data
3K
OK
1K
Crimes Against Society Total, Crimes Aga inst Property and Crimes Against Persons Total by Year 2022 2023
Year
e crimes Against Society Total e crimes Against Property e crimes Against Persons Total •
Crimes Reported By Type
2022 and 2023
Offense
• Reported in 2022 • Reported in 2023
i
A
Operational Metrics: Home Back
Number of Code Enforcement Cases Opened ~ @
Definition:

The City of San Rafael Code Enforcement Division is
the enforcement arm of the Community
Development Department. Code Enforcement
Officers work with the other city department s as well
as the City Attorney's Office to investigate and
enforce violations of .ct_tv and state code. A code
enforcement case can o pen in c few ways:
• City staff or other government agencies observe a
violation.
• As part of a pro-active program such as our Housing
Inspection pro;Jram.
• In response to a complaint by an individ ual.

Metric (2023 Data):
359 Code Enforcement Cases
Opened
(- 10% since 2019)
Summary: The number of code
enforcement cases opened dropped to
almost a third of 2019 cases during the
pandemic years (2020 - 2022). In 2023
Property Maintenance code cases were the
most common case type.

Data source: San Rafael Code Enforcement
TPnm - Ont;i trnc:kPrl in TrnklT
400
'" 300
:::
..

CJ
~ 200 ..
e
:,
Z 100
* 200
..

CJ
0 ~
.. t 100
z
2019 2020
Total Code Enforcement Cases
2021
Year
Num ber of Code Enforcement Cases Opened by Type
2020 2021
Year
e Building e Health and Safety e Other e Property Maintenance e Zoning 2022 2023
2022
Operational Metrics: Community Development H;;e
8 ®
Permits Issued
Definition: This dataset includes permits
issued by the City of San Rafael, including
the Community Development Department,
Fire, and Public Works.

Metric (2023 Data):
4,944 Total Permits Issued
(+21.3% since 2019)
Summary: The total number of permits
issued by the City of San Rafael has stayed
constant between 2022 and 2023, and
increased by 20% since 2019.

Data source: TraklT
SK
4K
'" 3K
:::

C
-2!
0 2K
1K
OK 2018
Sum of Permits Issued by Year
2019 2020 2021 2022 2023
Year
2023
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 6.b
Meeting Date: May 20, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office/Human Resources
Prepared by: Angela Robinson Piñon,
Assistant City Manager
Marissa Sanchez,
Human Resources Director
City Manager Approval: ______________
TOPIC: SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH SAN RAFAEL POLICE

ASSOCIATION (SRPA)
SUBJECT: RESOLUTION APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING

PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL POLICE ASSOCIATION (SRPA) (JUNE 1, 2024 THROUGH JUNE 30, 2027) RECOMMENDATION:

Adopt a resolution approving a successor memorandum of understanding (MOU) pertaining to compensation and working conditions for the San Rafael Police Association (SRPA) beginning June 1, 2024, and ending June 30, 2027.

BACKGROUND:

The San Rafael Police Association (SRPA) represents 82 employees in the San Rafael Police Department, including both sworn and civilian positions. The most recent Memorandum of Understanding (“MOU”) for SRPA will expire on June 30, 2024. Over the past several months, representatives of the City and SRPA have met in good faith and worked diligently to negotiate the terms of a successor MOU.

The City and SRPA signed a total package tentative agreement for a three-year successor MOU effective June 1, 2024, and SRPA membership ratified the proposal on May 14, 2024.

The City’s negotiations were informed by the following:
• Fiscal sustainability and predictability
o Revenue assumptions
o Expenditure assumptions
o Inflation and recession projections
• Three-year MOUs
• Recruitment and retention of employees
o Vacancy and attrition rates
o Hard to fill job classifications
• Compensation of comparable agencies as specified in the current MOU SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Internal equity and compaction
ANALYSIS:

The following section summarizes the terms and significant economic items in the successor MOU between the City and SRPA. In addition to the economic items, some operational items were addressed in the final tentative agreement.

1. Term of the Agreement: June 1, 2024, through June 30, 2027

2. Wage Increases (Article 3.1.2): All classifications in the bargaining group will receive a 3.0% cost of living salary increase each year of the MOU. In addition, individual classifications will receive equity adjustments based on the labor market adjustment agreed to for each position. The total value of the salary increases applied across the bargaining group is as follows:
a. Year 1: The total value of a 7.57% base wage increase1 , which includes equity adjustments
ranging between 1.0-4.0%, depending on the position
b. Year 2: The total value of a 4.16% base wage increase, which includes equity adjustments ranging between 0-1.5%, depending on the position
c. Year 3: The total value of a 4.33% base wage increase, which includes equity adjustments ranging between 0-1.5%, depending on the position
The salary schedule included in the attached MOU authorizes the proposed new salary range for each position, including the addition of Step F for selected classifications.

3. Full Flex Cafeteria Plan (Article 4.2.1): To address rising healthcare costs and improve the City’s ability to recruit and retain employees and to improve the market position among comparator agencies, employees will receive an increase in their monthly flex dollar allowance as noted below:

Health Tier Current Increase Effective
Dec 2024
Employee Only $ 853.48 $ 96.52 $ 950.00
Employee +1 dependent $ 1,708.13 $ 191.87 $ 1,900.00
Employee + Family $ 2,220.68 $ 179.32 $ 2,400.00
For the term of this MOU, on December 15, 2025, and December 15, 2026, the flex dollar amount shall increase up to a maximum of 5%, based on the Kaiser Bay Area premium rate increase. If the Kaiser Bay Area premium rate increase is between 10%-15%, the City and employees represented by SRPA will split the cost of the increase above ten percent (10%) evenly. Should the rate increase exceed 15%, the City and the Association agree to reopen the MOU to negotiate the employer’s contribution to healthcare. Upon expiration of the MOU, the flex dollar amount increase shall revert back to a maximum of 3%, based on the Kaiser Bay Area premium rate increase.

4. Certificate Incentive (Article 3.3.5): Increases in compensation for sworn officers with an advanced California Peace Officer Standards and Training (POST) certificate from 5.0% to 7.5% of base hourly pay. Additionally, add the POST “Public Safety Dispatcher Advanced Certificate” to the 1 The “total value” of a base wage increase is the total cost of the wage increase across all represented classifications and includes the cost of living salary increase and applicable equity adjustments.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
list of certifications eligible for an incentive and include a 4.0% increase to base hourly pay for employees that have earned that certification.

5. Bilingual Pay (Article 3.3.6): Increases compensation for employees fluent in a language other than English. Employees who demonstrate proficiency in speaking and writing a language may receive up to an additional $250 monthly.

6. Longevity (Article 3.3.19): Starting July 1, 2025, sworn employees with at least eight years of experience will receive additional compensation based on their law enforcement experience. Under the MOU, a sworn employee with eight years of law enforcement experience, as specified under section 830.1 of the California Penal Code, would receive a 2.5% increase above their base hourly pay rate. Sworn employees with 12 or more years of experience would receive an additional 2.5%, for a total of 5.0% above their base hourly pay rate.

7. Non-Economic Items: In addition to the items discussed above, an agreement was reached on other proposals, which reflect minor changes to existing provisions with no additional cost. The attached MOU includes all the changes agreed to by the parties. A brief overview of these negotiated MOU sections includes:
• Gender Neutral Language (Throughout MOU): Replaced references to “he,” “she,” “his,” and “hers” with “they,” “them,” and “their.”
• Definitions (Section 3.1.3): Updated the definition of “total” compensation to include longevity pay available to employees with 12 or more years of experience. • Holidays – Days Observed (Section 5.4.1): Incorporates side letter recognizing Juneteenth as a City holiday.
• Bereavement Leave (Section 5.4.1): Updated existing bereavement language to comply with changes in state law.
• Paid Parental Leave (Section 5.4.9): Provides 300 hours of paid parental leave for employees following the birth or adoption of a child.
• End of Life Care Leave (Section 5.4.10): Provides up to 80 hours of paid leave for an employee who is providing care to a family member at the end of their life.

FISCAL IMPACT:

The current total annual salary and benefit cost for the 82 employees of SRPA is $18,497,590. The additional ongoing incremental cost of the successor MOU beyond the fiscal year 2023-24 budget is:

Incremental
FY 2024-25
Incremental
FY 2025-26
Incremental
FY 2026-27
Wages:

Salary $849,540 $635,522 $503,424
Other Costs:

Pension* $488,142 $365,168 $289,266
Taxes (Medicare, WC) $ 77,078 $ 57,660 $ 45,675
Benefits $132,050 $ 87,336 $ 91,935
Total Annual Incremental Costs: $1,546,810 $1,145,686 $930,300 Total Over Term of Contract: $4,640,430 $2,291,372 $930,000 $7,979,998
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
*This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged.

Over the term of the agreement, the contract costs are $7,979,998 for an effective date of June 1, 2024.

The increase in compensation included in this resolution is being reflected in the City’s fiscal year 2024- 25 proposed budget. Funding for these positions comes from the City’s General Fund.

OPTIONS:

The City Council has the following options to consider in this matter:
• Adopt the resolution.
• Adopt resolution with modifications.
• Direct staff to return with more information.
• Take no action.

RECOMMENDED ACTION:

Adopt a resolution approving a successor memorandum of understanding (MOU) pertaining to compensation and working conditions for the San Rafael Police Association (SRPA) beginning June 1, 2024, and ending June 30, 2027.

ATTACHMENTS:

1. Resolution with attached MOU between the City of San Rafael and the San Rafael Police Association for June 1, 2024, to June 30, 2027 (and all attachments)

2. Draft MOU with tracked changes
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY AND SAN RAFAEL POLICE ASSOCIATION (SRPA) PERTAINING TO COMPENSATION AND WORKING CONDITIONS (JUNE 1, 2024 THROUGH JUNE 30, 2027)
WHEREAS, the City of San Rafael and representatives of SRPA have met and conferred in good faith 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 (“MOU”) pertaining to the three-year period from June 1, 2024, through June 30, 2027, has been ratified by SRPA members.

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 San Rafael Police Association (SRPA) shall utilize the MOU for the period beginning June 1, 2024, attached hereto, as the official document of reference respecting compensation and working conditions for employees represented by SRPA.

Section 2: The schedules describing classes of positions and salary ranges are attached to said MOU and, together with the MOU itself, are hereby adopted and shall be attached hereto and incorporated in full.

I, Lindsay Lara, 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 the 20th of May 2024, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk

MEMORANDUM OF UNDERSTANDING
between

CITY OF SAN RAFAEL
and

SAN RAFAEL POLICE ASSOCIATION
JUNE 1, 2024 - JUNE 30, 2027
SRPA MOU 2024-2027 i

TABLE OF CONTENTS
1 GENERAL PROVISIONS ......................................................................................................................1

1.1. INTRODUCTION ...........................................................................................................................................1

1.1.1. Scope of Agreement...........................................................................................................................1

1.1.2. Term of MOU .......................................................................................................................................1

1.2. RECOGNITION.............................................................................................................................................1

1.2.1. Bargaining Unit....................................................................................................................................1

1.3. NON-DISCRIMINATION................................................................................................................................1

1.3.1. In General.............................................................................................................................................1

1.3.2. Bargaining Unit Discrimination..........................................................................................................2

1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING...............................................................................2

1.5. EXISTING LAWS, REGULATIONS & POLICIES ............................................................................................2

1.6. STRIKES & LOCKOUTS...............................................................................................................................2

1.7. SEVERABILITY ............................................................................................................................................2

1.8. PREVAILING RIGHTS...................................................................................................................................2

1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER.....................................................................................2

1.9.1. Understanding .....................................................................................................................................2

1.9.2. Waiver & Modification.........................................................................................................................2 2 MMBA...........................................................................................................................................................3

2.1. BARGAINING UNIT RIGHTS.........................................................................................................................3

2.1.1. Bargaining Unit Stewards Designation ............................................................................................3

2.1.2. Release Time.......................................................................................................................................3

2.1.3. Association Orientation of New Employees ....................................................................................3

2.1.4. Employee Information.........................................................................................................................3

2.2. DUES DEDUCTION ......................................................................................................................................3

2.2.1. Collection of Dues...............................................................................................................................3

2.2.2. Dues Collection during Separation from Employment...................................................................3

2.3. MANAGEMENT RIGHTS...............................................................................................................................3

2.4. COMMENCEMENT OF NEGOTIATIONS.........................................................................................................4 3 COMPENSATION ....................................................................................................................................5

3.1. GENERAL WAGES AND COMPENSATION ...................................................................................................5

3.1.1. Pay Dates.............................................................................................................................................5

3.1.2. General Wage Increases ...................................................................................................................5

3.1.3. Definitions.............................................................................................................................................6

3.1.4. Compensation Plan ............................................................................................................................7

3.1.5. Fair Labor Standards Act...................................................................................................................7

3.2. STEP INCREASES .......................................................................................................................................7

3.2.1. Entry Level Step..................................................................................................................................7

3.2.2. Consideration for Step Increases .....................................................................................................7

3.2.3. Merit Increases....................................................................................................................................7

3.3. ADDITIONAL PAY........................................................................................................................................8

3.3.1. Shift Differential Pay ...........................................................................................................................8

3.3.2. Court Pay .............................................................................................................................................8

3.3.3. Call Back Pay ......................................................................................................................................8

3.3.4. Educational Expense Reimbursement.............................................................................................8

3.3.5. Certificate Incentive ............................................................................................................................9

3.3.6. Bilingual Pay ........................................................................................................................................9

3.3.7. Uniform Allowance............................................................................................................................10

3.3.8. Special Weapons and Tactics (SWAT) Team ..............................................................................10

3.3.9. Hostage Negotiations Team (HNT)................................................................................................11

3.3.10. Field Training Officer (FTO).............................................................................................................11

3.3.11. Motor Officer Pay ..............................................................................................................................11

3.3.12. Major Accident Investigation Team ................................................................................................11

3.3.13. Crime Scene Investigator (CSI) ......................................................................................................11

3.3.14. Self-Defense and Tactics (SDAT) & Firearms Instructor Pay ....................................................11

3.3.15. Detective Pay.....................................................................................................................................12

3.3.16. Out of Class Pay ...............................................................................................................................12 SRPA MOU 2024-2027 ii

3.3.17. Canine Handler Pay..........................................................................................................................12

3.3.18. Hiring Incentives for Lateral Police Officers ..................................................................................12

3.3.19. Longevity ............................................................................................................................................13

4.1 EMPLOYEE BENEFITS COMMITTEE ..........................................................................................................13

4.2 HEALTH & WELFARE ...............................................................................................................................14

4.2.1 Full Flex Cafeteria Plan.........................................................................................................................14

4.2.2 Retirees Health Insurance....................................................................................................................15

4.2.3 Health and Dependent Care Spending Accounts .............................................................................15

4.3 PERS HEALTH INSURANCE BENEFITS....................................................................................................16

4.4 DENTAL PLAN ..........................................................................................................................................16

4.5 VISION PLAN.............................................................................................................................................16

4.6 LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT...........................................................16

4.7 LONG TERM DISABILITY POLICY..............................................................................................................16

4.8 RETIREMENT.............................................................................................................................................16

4.8.1 Retirement Contribution........................................................................................................................16

4.8.2 Retirement Plans ...................................................................................................................................17

4.8.3 Member Cost of Living Rates...............................................................................................................17

4.8.4 Pension Costs ........................................................................................................................................17 5 LEAVES .....................................................................................................................................................18

5.1 SICK LEAVE..............................................................................................................................................18

5.1.1 Eligibility ..................................................................................................................................................18

5.1.2 Sick Leave Accrual ................................................................................................................................18

5.1.3 Use of Sick Leave..................................................................................................................................18

5.1.4 Advance of Sick Leave..........................................................................................................................18

5.1.5 Service Credit for Sick Leave...............................................................................................................18

5.1.6 Compensation for Unused Portion ......................................................................................................18

5.2 VACATION LEAVE.....................................................................................................................................19

5.2.1 Eligibility ..................................................................................................................................................19

5.2.2 Rate of Accrual.......................................................................................................................................19

5.2.3 Administration of Vacation Leave........................................................................................................19

5.2.4 Vacation Sign-up....................................................................................................................................19

5.2.5 Vacation Cap..........................................................................................................................................20

5.2.6 Vacation Cash-In ...................................................................................................................................20

5.3 HOLIDAYS.................................................................................................................................................20

5.4 OTHER LEAVE ..........................................................................................................................................20

5.4.1 Bereavement Leave ..............................................................................................................................20

5.4.2 Jury Duty .................................................................................................................................................21

5.4.3 Military Leave .........................................................................................................................................21

5.4.4 Leave of Absence Without Pay............................................................................................................21

5.4.5 Industrial Injury Leave...........................................................................................................................21

5.4.6 Medical Leave of Absence ...................................................................................................................22

5.4.7 Absence without Authorized Leave.....................................................................................................22

5.4.8 Catastrophic Leave................................................................................................................................22

5.4.9 Paid Parental Leave ..............................................................................................................................22

5.4.10 Paid Parental Leave .........................................................................................................................24 6 TERMS & CONDITIONS OF EMPLOYMENT.............................................................................25

6.1 HOURS OF WORK/FLSA WORK PERIOD ................................................................................................25

6.1.1 Alternate Work Schedules....................................................................................................................25

6.1.2 Shift Rotation..........................................................................................................................................27

6.1.3 Patrol Briefing.........................................................................................................................................27

6.1.4 Employee Break and Meal Periods.....................................................................................................27

6.2 OVERTIME.................................................................................................................................................28

6.2.1 Overtime..................................................................................................................................................28

6.2.2 Requests for Compensatory Time Off ................................................................................................28

6.3 SHIFT CHANGES.......................................................................................................................................29

6.4 PROBATIONARY PERIOD ..........................................................................................................................29

6.4.1 Purpose of Probation.............................................................................................................................29

6.4.2 Length of Probationary Period .............................................................................................................29 SRPA MOU 2024-2027 iii

6.4.3 Rejection During Probation ..................................................................................................................29

6.4.4 Extension of Probationary Period........................................................................................................29

6.4.5 Notification of Rejection or Extension.................................................................................................30

6.4.6 Regular Status........................................................................................................................................30

6.4.7 Promotion of Probationary Employee.................................................................................................30

6.4.8 Unsuccessful Passage of Promotional Probation.............................................................................30

6.5 PERSONNEL RULES & REGULATIONS .....................................................................................................30

6.5.1 Employer-Employee Resolution ..........................................................................................................30

6.5.2 Drug and Alcohol Policy........................................................................................................................30

6.5.3 Outside Employment Policy .................................................................................................................31

6.5.4 Harassment Policy.................................................................................................................................31

6.5.5 Wireless Communication Policy ..........................................................................................................31

6.5.6 Medical Standards .................................................................................................................................31

6.5.7 Temporary Light Duty Policy Statement.............................................................................................31

6.5.8 Reinstatement ........................................................................................................................................32

6.6 MISCELLANEOUS......................................................................................................................................33

6.6.1 Gratuities / Solicitation of Contributions..............................................................................................33

6.6.2 Return of City Equipment......................................................................................................................33

6.6.3 Political Activity.......................................................................................................................................33

6.6.4 Employment of Relatives......................................................................................................................33

6.6.5 Labor / Management Advisory Meetings............................................................................................33

6.6.6 Gym Membership Reimbursement .....................................................................................................33

6.6.7 Public Safety Center Fitness Program................................................................................................33 7 PROCEDURES ........................................................................................................................................36

7.1 DEMOTION & SUSPENSION ......................................................................................................................36

7.1.1 Demotion.................................................................................................................................................36

7.1.2 Suspension .............................................................................................................................................36

7.2 TERMINATION OF EMPLOYMENT ..............................................................................................................37

7.2.1 Resignation.............................................................................................................................................37

7.2.2 Termination - Layoff...............................................................................................................................37

7.2.3 Termination - Disciplinary Action.........................................................................................................37

7.2.4 Retirement ..............................................................................................................................................37

7.3 DISCIPLINARY ACTION .............................................................................................................................37

7.3.1 Right to Discipline & Discharge ...........................................................................................................37

7.3.2 Appeals....................................................................................................................................................38

7.3.3 City Manager and Arbitration ...............................................................................................................38

7.4 GRIEVANCE PROCEDURE.........................................................................................................................38

7.4.1 Definition .................................................................................................................................................38

7.4.2 Initial Discussions ..................................................................................................................................38

7.4.3 Referral to the City Manager................................................................................................................39

7.4.4 City Manager and Arbitration ...............................................................................................................39

7.4.5 No Abridgement of Other Rights of Appeal........................................................................................39

7.4.6 Pay Claims..............................................................................................................................................39

7.4.7 Matters Excluded from the Grievance Procedure of the Memorandum of Understanding.........39

7.5 POSITION RECLASSIFICATION..................................................................................................................39

7.6 REDUCTION IN FORCE..............................................................................................................................40

7.6.1 Notice.......................................................................................................................................................40

7.6.2 Order of Layoff .......................................................................................................................................40

7.6.3 Re-Employment Eligibility List..............................................................................................................40

LIST OF EXHIBITS
Exhibit A Salary Schedule for June 1, 2024 – June 30, 2027 Exhibit B Canine Program Side Letter
SRPA MOU 2024-2027 1

MEMORANDUM OF UNDERSTANDING
between

CITY OF SAN RAFAEL
and

SAN RAFAEL POLICE ASSOCIATION
The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representative unit, have freely exchanged information, opinions and proposals, and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing June 1, 2024 and ending June 30, 2027. 1 GENERAL PROVISIONS

1.1. INTRODUCTION

1.1.1. Scope of Agreement
The salaries, hours, fringe benefits, and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein-after called "CITY") and the San Rafael Police Association (herein-after called "ASSOCIATION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein.

In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the Personnel Ordinance, Rules and Regulations, Administrative Procedures, and regulations and directives of the Police Department.

1.1.2. Term of MOU
This agreement shall be in effect from June 1, 2024 through June 30, 2027.

1.2. RECOGNITION

1.2.1. Bargaining Unit
The City hereby recognizes the Association as the bargaining representative for the purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the San Rafael Police Association Bargaining Unit (as referenced in Exhibit A attached).

New classifications developed by the City and determined to be appropriately included in the Bargaining Unit, shall be assigned a wage scale by the City. The City will forward to the Association the new classification and wage scale. The wage scale for the new classification shall then be subject to the meet and confer process.

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 preference, marital status, medical condition or disability.

Any employee who believes they are being discriminated against should refer to the City of San Rafael’s Harassment Policy for the process of receiving an internal administrative review of their complaint. This administrative procedure shall be used as the internal complaint procedure in lieu of SRPA MOU 2024-2027 2
the grievance procedure outlined in this MOU (Article 7.4). Nothing contained in this subsection shall limit an employee’s rights under the Police Officer Bill of Rights and/or the disciplinary review and appeal procedure outlined in this MOU.

1.3.2. Bargaining Unit Discrimination
No member, official, or representative of the Association shall in any way suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Association.

1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Association agree to keep duplicate originals of this agreement on file in a readily accessible location available for inspection by any City employee, or member of the public, upon request.

1.5. EXISTING LAWS, REGULATIONS & POLICIES
This MOU is subject to all applicable laws.

The City agrees to meet and confer with the Association on proposed changes to policies or procedures that impact bargaining rights.

1.6. STRIKES & LOCKOUTS
During the term of this MOU, the City agrees that it will not lock out employees, and the Association agrees that it will not encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time.

1.7. SEVERABILITY
If any article, paragraph or section of this MOU 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 MOU shall not be affected thereby, and the parties shall enter into meet and confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section

1.8. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, ordinance or resolution, which are not specifically superseded by this MOU, 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 MOU sets 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 during the period of the term of this MOU. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope to meeting and conferring for a proposed MOU between the parties to be effective on or after July 1, 2024.

SRPA MOU 2024-2027 3
2 MMBA

2.1. BARGAINING UNIT RIGHTS

2.1.1. Bargaining Unit Stewards Designation
The Association shall, by written notice to the City Manager, designate certain of its members as Employee Representatives. Association representatives who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation, collective bargaining, or grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services. Such employee representatives shall submit through the Police Department chain of command a written request for excused absence to the Police Chief at least forty-eight (48) hours prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed three (3).

2.1.2. Release Time
Two hundred (200) hours per calendar year shall be provided for union release time, apart from MMB activity, with ten days advance notice and approval of the Police Chief. Any additional hours shall be granted only with ten days advance notice and approval of the Police Chief.

2.1.3. Association Orientation of New Employees
Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Association, the City will provide the new employee with a copy of the current Memorandum of Understanding. The City shall make available two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Association. In addition, the City will also provide reasonable advance notice to the Association of all employee orientations conducted by the City.

2.1.4. Employee Information
The City shall provide the Association with the name, job title, department, work location, work, home and personal cell phone numbers, home address and personal email address on file with the City for all employees within the Association every 120 days. In addition, a report with similar information of each Association new hire will be provided to the Association within 30 days of the hire date.

2.2. DUES DEDUCTION

2.2.1. Collection of Dues
City agrees, upon written consent of the employee involved, to deduct dues, as established by the Association, from the salaries of its members. The sums so withheld shall be remitted by City along with a list of employees who have had said dues deducted.

2.2.2. Dues Collection during Separation from Employment The provisions specified in this section shall not apply during periods of separation from the representative Unit by any such employee but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representative Unit. The term separation includes transfer out of the Unit, layoff, and leave without pay absences with duration of more than 30 calendar days.

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:

SRPA MOU 2024-2027 4

1. To manage the City generally and to determine the issues of policy.

2. To determine the existence or non-existence of facts which are the basis of the management decision.

3. To determine the necessity of organization or any service or activity conducted by the City and expand or diminish services.

4. To determine the nature, manner, means technology, and extent of services to be provided to the public.

5. Methods of financing.

6. Types of equipment or technology to be used.

7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted.

8. To determine and change the number of locations, re-locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City.

9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments.

10. To relieve employees from duties for lack of work or similar non-disciplinary reasons.

11. To establish and modify productivity and performance programs and standards.

12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations.

13. To determine job classifications and to reclassify employees.

14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Memorandum of Understanding and the City's Personnel Rules and Regulations.

15. To determine policies, procedures and standards for selection, training, and promotion of employees.

16. To establish employee performance standards including, but not limited to quality and quantity standards; and to require compliance therewith.

17. To maintain order and efficiency in it facilities and operations.

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement.

19. To take any and all necessary action to carry out the mission of the City in emergencies.

The City and the Association agree and understand that if, in the exercise of rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers-Milias-Brown Act and case law interpreting said Act; or Federal law, the City shall have the duty to meet and confer with the Association regarding the impact of its decision/exercise of rights.

2.4. COMMENCEMENT OF NEGOTIATIONS
It is mutually agreed to begin the Meet and Confer process no later than the first Monday in February, regarding the terms and conditions applicable to successor MOUs. The process will be initiated by the San Rafael Police Association through the submittal of upcoming contract requests it wishes to be considered.

SRPA MOU 2024-2027 5
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 pay day, the pay day will be transferred to the previous day of regular business unless the Finance Division is unable to complete the payroll by that work day, in which case the pay day will be the day following the holiday. The method of the distributing payroll shall be established by the Finance Division.

During the term of this Agreement, the City may institute a change of the payroll schedule from 24 pay cycles per year to 26 pay cycles per year, providing the City gives the association six months’ notice.

3.1.2. General Wage Increases
Base salary increase shall be defined as an increase to general wages, excluding any benefit increases. Salary increases for all bargaining unit positions are established based on the base hourly rates set forth in the table attached as Exhibit A and included as part of this MOU. For the term of this agreement, the following base salary increases shall be applied on the identified effective date:
• Effective the first full pay period including June 1, 2024, or the first full pay period following City Council ratification of a new MOU, whichever occurs later:
o A 3.0% cost of living adjustment for all classifications and the City shall eliminate Step A1 from the salary schedule. Additionally, the salary range for the following classifications, Police Officer, Police Corporal, Police Sergeant, Police Communications Dispatcher, Police Lead Communications Dispatcher, and Police Support Services Supervisor shall have an additional step added to the top of the salary range (Step F) for each position, which is five percent (5%) above Step E. All employees in the Police Officer, Police Corporal, Police Sergeant, Police Communications Dispatcher, Police Lead Communications Dispatcher and Police Support Services Supervisor classifications that have completed at least one year of service at Step E of their classification shall advance to Step F in the first full pay period after Council approves the successor MOU.
o A 2.0% equity adjustment increase for the Police Communications Dispatcher classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Police Lead Communications Dispatcher classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Police Support Services Supervisor classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Records Specialist/Call Taker classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Mental Health Liaison classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Police Officer classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Police Corporal classification (5% total increase) on June 1, 2024;
o A 4.0% equity adjustment increase for the Police Sergeant classification (7% total increase) on June 1, 2024; and
SRPA MOU 2024-2027 6
o All other classifications receive an equity adjustment of 1% (4% total increase) on June 1, 2024.
• Effective July 1, 2025:
o A 3.0% cost of living adjustment for all classifications; o A 1.5% equity adjustment increase for the Police Communications Dispatcher classification (4.5% total increase) on July1, 2025;
o A 1.5% equity adjustment increase for the Police Lead Communications Dispatcher classification (4.5% total increase) on July 1, 2025;
o A 1.5% equity adjustment increase for the Police Support Services Supervisor classification (4.5% total increase) on July 1, 2025;
o A 1.5% equity adjustment increase for the Mental Health Liaison classification (4.5% total increase) on July 1, 2025;
o A 1.5% equity adjustment increase for the Police Officer classification (4.5% total increase) on June 1, 2025;
o A 1.5% equity adjustment increase for the Police Corporal classification (4.5% total increase) on July 1, 2025;
o A 1.5% equity adjustment increase for the Police Sergeant classification (4.5% total increase) on July 1, 2025; and
o All other classifications receive an equity adjustment of 0.6% (3.6% total increase) on July 1, 2025.
• Effective July 1, 2026:
o A 3.0% base wage increase cost of living adjustment for all classifications; o A 1.5% equity adjustment increase for the Police Communications Dispatcher classification (4.5% total increase) on July1, 2026;
o A 1.5% equity adjustment increase for the Police Lead Communications Dispatcher classification (4.5% total increase) on July 1, 2026;
o A 1.5% equity adjustment increase for the Police Support Services Supervisor classification (4.5% total increase) on July 1, 2026;
o A 1.5% equity adjustment increase for the Mental Health Liaison classification (4.5% total increase) on July 1, 2026;
o A 1.5% equity adjustment increase for the Police Officer classification (4.5% total increase) on June 1, 2026;
o A 1.5% equity adjustment increase for the Police Corporal classification (4.5% total increase) on July 1, 2026;
o A 1.5% equity adjustment increase for the Police Sergeant classification (4.5% total increase) on July 1, 2026; and
o All other classifications receive an equity adjustment of 0.6% (3.6% total increase) on July 1, 2026.

3.1.3. Definitions
Total Compensation shall be defined as: Top step salary, maximum longevity pay available to employees with 12 or more years of experience, educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of SRPA MOU 2024-2027 7
employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.

Either Party may prepare total compensation surveys in support of labor negotiations. The City will prepare total compensation surveys both with and without the employer’s retirement contribution included in the computation. The City and the Association shall review the benchmark and related survey data for accuracy and completeness.

3.1.4. Compensation Plan
The Compensation Plan adopted by the City Council shall provide for salary schedules, base hourly 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.

3.1.5. Fair Labor Standards Act
The Parties shall continue to discuss changes to ensure the City’s compliance with the FLSA. The Parties understand that the City has the management right to administer its payroll system in compliance with the law and also understand that all impacts of any resulting changes to employee compensation must be negotiated with SRPA. The City does not believe that any changes will lead to wage reductions for employees and the City will provide an offset if that occurs.

3.2. STEP INCREASES

3.2.1. Entry Level Step
All initial employment shall be at the entry level step for the base hourly pay rate as indicated in Attachment A. The City Manager or their designee may authorize, upon the recommendation of the Police Chief, a position at an appropriate higher salary when, in their opinion, it is necessary in order 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 beginning salary in excess of the first step. Initial employment appointments above Step C will require City Manager Approval.

3.2.2. Consideration for Step Increases
An employee may be considered for a step increase in accordance with their anniversary date and the parameters of the base hourly pay rate schedule. Advancement to a higher base hourly rate within the schedule may be granted for continued improvements and efficient and effective service by the employee in the performance of their duties. Base hourly rate advancement shall be made only upon the recommendation of the Police Chief, with the approval of the City Manager or their designee, and are not automatic, but based on acceptable work performance.

Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Police Chief and approval of the City Manager.

3.2.3. Merit Increases
Employees at the maximum step of their base hourly pay rate may be granted a merit pay award of up to five percent (5%) above and beyond their base hourly pay rate. A merit pay award may be effective for up to one (1) year. A merit pay award when expired is not a disciplinary action and is not appealable.

Merit pay awards may be granted in recognition of meritorious performance beyond the scope of regular duties and in response to extraordinary conditions.

SRPA MOU 2024-2027 8

3.3. ADDITIONAL PAY

3.3.1. Shift Differential Pay
A three percent (3%) shift differential shall be paid for all represented employees regularly scheduled to work fifty percent (50%) or more of their shift after 1500 hours.

A five percent (5%) shift differential shall be paid for all represented employee regularly scheduled to work fifty percent (50%) or more of their shift after 2200 hours.

Employees assigned to work the swing or graveyard shift time periods on overtime or in accordance with Article 6.3, Shift Changes, are excluded from shift differential pay for those time periods.

Shift differential shall not be considered an additional percentage on salary for personnel involved but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts. The current operational policies and provisions for shift rotation and assignment remain in effect.

3.3.2. Court Pay
If a police employee receives a subpoena requiring them, in the course and scope of their official employment, to appear in court or other official hearing other than during their regular tour of duty or shift of hours, they shall receive a minimum of two (2) hours pay at the overtime rate. “Other than during their regular tour of duty or shift hours” shall include vacation and compensatory time off.

The employee shall submit the required documentation (copy of subpoena and overtime slip) for all related court pay on or immediately after the actual court appearance or after date of cancellation.

If such appearance commences during the employee’s regular tour of duty or shift of hours and continues beyond the normal completion time of the employee’s regular tour of duty or shift of hours, then the employee will be compensated at the overtime rate for the actual time spent beyond the normal completion time of said tour/shift.

If an employee receives more than one subpoena for the same scheduled time, they will receive the minimum time frame rate only once.

The Police Department will provide appearance information for police employees. The department will be responsible for having such information available, when known, by 1800 hours. If the matter is not canceled by 1800 hours, on the court day preceding the appearance date, an employee shall receive one (1) hour pay at the overtime rate. Time spent at the appearance shall be compensated at the overtime rate.

Nothing in the provision shall be construed to mean that the Association agrees in any way to any method of “flex scheduling.”

3.3.3. Call Back Pay
Call-back pay shall be provided at one and one-half times the regular rate with a three (3) hour minimum whenever required by the Department and with the expectation that the full three (3) hours will be worked. At no time will the minimum compensation overlap with a regularly scheduled work assignment.

3.3.4. Educational Expense Reimbursement
The Educational Expense Reimbursement Program shall apply to all employees of the Police Department represented by this contract who have completed a total of two (2) or more continuous years of full-time service with the San Rafael Police Department. The Educational Expense Reimbursement Program shall relate to the completion of college credits while off-duty for job-related courses, awarded from an accredited community college or an accredited college or an accredited SRPA MOU 2024-2027 9
university. Job-related courses are defined as those which contribute to current job performance or prepare the employee for other City positions, including but not limited to obtaining bilingual skills.

An eligible employee who takes a job-related course during off-duty hours at an accredited institution of learning (see above) shall be eligible to receive reimbursement for the costs of tuition, fees, and course materials, up to a maximum of $1,500 per fiscal year. The employee will be eligible for this reimbursement upon the successful completion of the course and upon the employee having achieved a grade of “Pass” or “C” or better.

In order for the eligible employee to qualify for reimbursement, the employee must:
a. Chief of Police or Designee Approval – Prior to enrollment, the employee must receive the written approval of the Chief of Police (the “Chief”) or designee concerning the particular course. The decision of the Chief shall be final. To be approved by the Chief, the Chief must find that the course is job-related after reviewing the request, which briefly describes why the employee believes the course to be job-related.
b. Reimbursement Request – Provided that the Chief finds that the course is job-related and approves the employee’s request, the employee shall submit a request for reimbursement to the Chief or designee that includes a copy of the employee’s course grade, the receipts for all course expenses, and a total amount requested for reimbursement.

To ensure that the City receives adequate benefit from the increased education of the educational expense reimbursement recipients, the following table of time worked after completion of course work shall apply to all recipients who terminate employment with the City of their own volition.

Time between receiving reimbursement
and termination of employment
Percentage of tuition reimbursement to be
repaid to the City
Up to 12 months 100%
Between 12 months and 18 months 50%
Over 18 months 0%

3.3.5. Certificate Incentive
The Certification Incentive Program for all employees of the Police Department offers monthly payment for POST Certification as follows:

Effective July 1, 2024, the payment for POST Intermediate or Advance Certification to Police Officer, Police Corporal or Police Sergeant shall be:

Intermediate Certificate 3.0% increase to base hourly pay rate Advanced Certificate 7.5% increase to base hourly pay rate Effective with the pay period start date of July 1, 2024, the payment for POST certificates for Police Communication Dispatcher, Police Lead Communications Dispatcher, or Police Support Services Supervisor shall be:

Public Safety Dispatcher Intermediate
Certificate

3.0% increase to base hourly
pay rate
Public Safety Dispatcher Advanced
Certificate

4.0% increase to base hourly
pay rate
Records Supervisory Certificate 5.0% increase to base hourly pay rate

3.3.6. Bilingual Pay
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Expert Fluency Program. A ten percent (10%) pay incentive shall be paid to up to eleven (11) designated bilingual employees (sworn or non-sworn). With the approval of the Chief of Police and the City Manager, more than eleven (11) employees may be designated as eligible for the Expert Fluency Program.

Full Fluency Program. A five percent (5%) bilingual pay incentive shall be paid to up to ten (10) designated bilingual employees (sworn or non-sworn). With the approval of the Chief of Police and the City Manager, more than ten (10) employees may be designated as eligible for the Expert Fluency Program.

Conversational Fluency Program. Effective July 1, 2006, a two and one-half percent (2.5%) pay incentive shall be paid to up to thirty-five (35) designated bilingual employees (sworn and non-sworn).

With the approval of the Chief of Police and the City Manager, more than thirty-five (35) employees may be designated as eligible for the Conversational Fluency Program. Within the limits established in the first three paragraphs of this section, to qualify for the Expert or Full or Conversational Programs, employees must be certified as proficient in a language deemed to be of work-related value to the Police Department as determined by the Police Chief and approved by the City Manager by established standards. It is agreed that the City will meet and confer with the Association in order to establish standards for the Expert Fluency Program with the understanding that the standards will focus on external testing and/or certification satisfactory to the Police Chief and by the City Manager.

Full or conversational proficiency certification may be obtained by passing a standardized departmental test (to be developed by the department) or a Fluency Certification of Completion from a departmental conversational test, or obtaining a conversational certification issued by an agency or other vendor approved by the Police Chief.

Fluency in more than one foreign language does not entitle an employee to more than one of the bilingual pay categories. Both parties agree to re-certification of proficiency every three (3) years at the department’s expense and discretion to continue eligibility for the bilingual differential. The City shall provide initial certification testing and testing to advance to a higher program level each year if there are candidates who are both interested and qualified. Employees may acquire certification during the intervening periods at their own expense.

Shift assignments and distribution of bilingual employees shall be at the discretion of the Chief of Police.

3.3.7. Uniform Allowance
Each of the following represented classification will receive a uniform allowance for each six (6) months of service ending June 30 and December 31 as follows:

Effective July 1, 2018
Classification Semi - Annual Annual
A. All sworn employees, Police Service Specialist $730.00 $1,460.00 B. All other represented employees $325.00 $650.00
C. A pro-rated portion of the allowance may be given for the first and last six (6) months of service upon recommendation of the Police Chief.

3.3.8. Special Weapons and Tactics (SWAT) Team
Police Department personnel assigned to the Special Weapons and Tactics (SWAT) Team shall receive additional compensation amounting to two and one-half percent (2.5%) of their base hourly pay rate. Team members shall be entitled to callback pay pursuant to the Call-Back Pay provisions of this MOU (Section 3.3.3). The City will pay for the equipment for SWAT team members, provided members obtain prior approval of the Chief of Police.

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Employees shall be appointed to a five-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee.

3.3.9. Hostage Negotiations Team (HNT)
Police Department personnel assigned to the Hostage Negotiations Team (HNT) Team shall receive additional compensation amounting to one percent (1%) of their base hourly pay rate. Team members shall be entitled to callback pay pursuant to the Call-Back Pay provisions of this MOU (Section 3.3.3).

Employees shall be appointed to a five-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee.

3.3.10. Field Training Officer (FTO)
a. The Police Department has established a program for selection of Field Training Officers. Field Training Officers and the Field Training Program Supervisor shall receive additional compensation amounting to two and one-half percent (2.5%) of their base hourly pay rate while assigned to the Patrol Division and shall receive an additional two and one-half percent (2.5%) while engaged in training of new Police Officers and Community Service Officers. Shift assignment will be at the discretion of the Chief of Police and based upon the needs of the Department. All other sworn personnel assigned as Field Training Officers will be paid five percent (5%) above their base hourly pay rate while engaged in training of new Police Officers and Community Service Officers.
b. Non-sworn personnel may be formally assigned, in writing, to train employees in their new job classifications. For actual hours spent training this new employee, during the specified training period, the assigned trainer will be paid five percent (5%) above their base hourly pay rate. c. Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee.

3.3.11. Motor Officer Pay
Police Department personnel assigned to the following duty shall receive additional compensation amounting to five percent (5%) of their base hourly pay rate: Operation of a solo-motorcycle for more than 50% of their work month.

3.3.12. Major Accident Investigation Team
Tier 1 MAIT personnel on the Department’s call-out list shall receive additional compensation amounting to one percent (1%) above their base hourly pay rate. All MAIT Personnel shall be entitled to callback pay pursuant to the Call-Back Pay provisions of this MOU (Section 3.3.3) Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee.

3.3.13. Crime Scene Investigator (CSI)
Crime Scene Investigators on the Department’s call-out list and the Supervisor shall receive additional compensation amounting to one percent (1%) above their base hourly pay rate. All Crime Scene Investigators shall be entitled to callback pay pursuant to the Call-Back Pay provisions of this MOU (Section 3.3.3).

Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. The three-year term shall not apply to Community Service Officers.

3.3.14. Self-Defense and Tactics (SDAT) & Firearms Instructor Pay The Police Department has established a program for selection of Self-Defense and Tactics (SDAT) & Firearms Instructors. Self Defense and Tactics (SDAT) or Firearms Instructors shall receive SRPA MOU 2024-2027 12
additional compensation amounting to two and one-half percent (2.5%) above their base hourly pay rate. Anyone that is a Self-Defense and Tactics (SDAT) Instructor and also a Firearms Instructor will be eligible for only a total of two and one-half percent (2.5%) and not a compounded five percent (5%).

Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. The three-year term shall not apply to Community Service Officers.

3.3.15. Detective Pay
Sworn personnel assigned to the Support Services Divisions Investigations Unit shall receive additional compensation amounting to five percent (5%) above their base hourly pay rate. Unit members shall be entitled to callback pay pursuant to the Call-Back Pay provisions of this MOU (Section 3.3.3).

3.3.16. Out of Class Pay
Police Services Specialists assigned in writing by their supervisor to work as a Communications Dispatcher shall be compensated at a rate 5% greater than the employee’s current base hourly pay rate. The out-of-class increase shall be retroactive to the first day of the assignment and based on hours actually worked in the higher classification.

3.3.17. Canine Handler Pay
The parties agree to initiate a Canine Handler Program at a time to be determined by the Police Department. Officers assigned to and participating in the canine program shall receive additional compensation amounting to 5% above their base hourly pay rate subject to the restrictions stated in the attached Canine Handler Program Side Letter.

3.3.18. Hiring Incentives for Lateral Police Officers
To be eligible for the below hiring incentives, a qualified lateral police officer candidate (“Eligible Lateral Hire”) must, at the time of filing the employment application: (1) be currently working for another California law enforcement agency, (2) have two years’ experience as a full-time peace officer in California, and (3) possess a current California P.O.S.T. certificate. Lateral officer hires with prior full-time San Rafael Police Department experience are not eligible under the terms of this Agreement unless they have a minimum of two years’ separation from the San Rafael Police Department as a full-time peace officer and have met the requirements of (1) and (3) described above for Eligible Lateral Hires, in which case they will be deemed an Eligible Lateral Hire for purposes of this hiring incentive plan.

Any employee who served as a peace officer with other police agencies with no break in service immediately prior to employment with the City of San Rafael will be credited with years of sworn service in such previous employment solely for the purpose of determining vacation accruals on a prospective basis after certification of the prior years of sworn service. Any period of 30 calendar days or less when moving between agencies will not be considered a break in service.

Upon hire and commencement of work as a Police Officer with the City of San Rafael, an Eligible Lateral Hire from another law enforcement agency will receive a five thousand dollars ($5,000) hiring incentive payment. For retirement purposes, this incentive is Compensation Earnable for Classic members. However, this incentive is not Pensionable Compensation for PEPRA members Upon successful completion of the field training program, as determined by Police Administration, the Eligible Lateral Hire will receive five thousand dollars ($5,000) hiring incentive payment. For retirement purposes, this incentive is Compensation Earnable for Classic members. However, this incentive is not Pensionable Compensation for PEPRA members.

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Upon successful completion of the probationary period (eighteen months) as a Police Officer, the Eligible Lateral Hire will receive a five thousand dollars ($5,000) hiring incentive payment. For retirement purposes, this incentive is Compensation Earnable for Classic members. However, this incentive is not Pensionable Compensation for PEPRA members.

Upon successful completion of three complete years of City service the Eligible Lateral Hire will receive a ten thousand dollars ($10,000) hiring incentive payment. For retirement purposes, this incentive is Compensation Earnable for Classic members. However, this incentive is not Pensionable Compensation for PEPRA members.

The City retains the right and exclusive authority to offer step placement above “B” Step of the Police Office salary range based on the Eligible Lateral Hire’s qualifications and other factors such as current salary. The salary range placement shall be included in the conditional employment offer letter provided to the lateral officer.

Current San Rafael Police Department Employees who refer an Eligible Lateral Hire will receive an incentive of two thousand five hundred dollars ($2,500) for hired and retained Eligible Lateral Hires.

The referral incentive for current San Rafael Police Department Employees is not Compensation Earnable for Classic members nor Pensionable Compensation for PEPRA members.

Only one current San Rafael Police Officer can be identified as the referring officer for each Eligible Lateral Hire for purposes of the referral incentive outlined above. The current San Rafael Police Officer referring the Eligible Lateral Hire must be identified in writing by the Eligible Lateral Hire at the time the application for employment is submitted to obtain the referral incentive. Referring San Rafael Police Officers may not receive more than five (5) referral incentives per fiscal year.

3.3.19. Longevity
Effective July 1, 2025, employees with at least eight (8) years of sworn law enforcement experience as Penal Code section 830.1 peace officers shall receive an additional two and a half percent (2.5%) above their base hourly rate of pay.

Effective July 1, 2025, employees with at least twelve (12) years of sworn law enforcement experience as Penal Code section 830.1 peace officers shall receive an additional two and a half percent (2.5%), for a total of five percent (5.0%) above their base hourly rate of pay.

With the approval of the Chief of Police and the City Manager, employees with experience as a sworn peace officer in another state may be credited with years of service toward the Longevity Pay threshold.
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 Association, Police Mid-Management, Fire Association, Fire Chief Officers Association, Management, and Mid-Management employees.

The Employee Benefits Committee may make recommendations for changes to existing benefits.

However, changes to benefits identified in this agreement shall only occur after the City and Association have mutually agreed to meet and confer on such changes and have completed the meet and confer process, including impasse resolution. There shall be no change to any benefits that are SRPA MOU 2024-2027 14
subject to the meet and confer process provided in this Memorandum of Understanding absent the specific, written agreement of the Association and completion of the meet and confer process.

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 full flex cafeteria plan.

Effective June 1, 2024, the monthly flex dollar allowance shall be:

For employee only: $ 853.48
For employee only and one dependent: $1,708.13
For employee and two or more dependents: $2,220.68
Effective January 1, 2025, the monthly flex dollar allowance shall be:

For employee only: $ 950.00
For employee and one dependent: $1,900.00
For employee and two or more dependents: $2,400.00
Flex Dollar Increases for this MOU Term
Effective December 15, 2025 and December 15, 2026, the flex dollar allowances shall increase on the December 15th paycheck up to a maximum of five percent (5.0%) on an annual basis. If the Kaiser Bay Area premium rate increase is less than five percent (5.0%), the flex dollar allowance shall only increase the amount of the Kaiser Bay Area premium increase. In the event that the Kaiser Bay Area premium rate increase for the upcoming calendar year exceeds ten percent (10%) and is less than fifteen percent (15%), the City and the employee will split the cost of the increase above ten percent (10%) evenly; each paying 50% of the dollar value of the increase between 10-15%. In the unlikely event that the Kaiser Bay Area premium rate increases for the upcoming calendar year in 2026 or 2027 to an amount exceeding fifteen percent (15%), the City and the Association agree to reopen the MOU to negotiate the employer’s contribution to healthcare. The parties agree that this provision will sunset upon the expiration of the MOU.

Upon the expiration of the MOU, the flex dollar allowances shall increase on the December 15th paycheck up to a maximum of three percent (3.0%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year.

The City shall contribute to the cost of medical coverage for each eligible employee and their dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) Minimum Employer 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 monthly flex dollar allowance (including the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits.

Conditional Opt-Out Arrangement: An employee may elect to waive the City’s health insurance coverage and receive a $300 monthly Opt-Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived have alternative Minimum Essential Coverage as defined SRPA MOU 2024-2027 15
by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Coverage Plan.
3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage.

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, other legislation or Federal and/or California agency guidance.

4.2.2 Retirees Health Insurance
Employees represented by the Association 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. Employees hired before January 1, 2010
The City shall make a monthly retiree health insurance payment 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 payment shall be the difference between the premium cost of coverage minus the PEMHCA minimum contribution. The City’s total payment (PEMHCA minimum contribution plus additional cost of retiree premiums) shall be $386 per month. The City’s retiree health insurance contribution 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, 4.2.3b, 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 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 250 hours of sick leave after the conversion.

4.2.3 Health and Dependent Care Spending Accounts
City will offer as part of its Section 125 Plan for as long as such a plan is desired by the Association and available pursuant to the IRS Code a 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, 2013 at IRS Code limit, not to exceed $ $2,500. Employees are SRPA MOU 2024-2027 16
responsible to pay the monthly administrative fee and any increase established by the thirdparty administrator. b. Dependent Care Spending Accounts: Dependent care expenses that qualify under the IRS Code at the IRS Code limit. Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator. c. 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.

City shall establish an annual enrollment period and each employee must re-enroll annually for either plan noted in Section 4.2.3. a. and/or b.

4.3 PERS HEALTH INSURANCE BENEFITS
Upon reasonable advance notice to the Association, the City shall have the option of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits for active or retired employees from those benefits available under the PERS program; and provided further such contracting shall not cause a material increase in premiums for either the City or the employees. There shall be no requirement for the City to meet and confer upon the City’s exercising the option described above in accordance with the provisions of this paragraph.

4.4 DENTAL PLAN
The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care, $25 deductible on corrective coverage (80/20) per eligible patient per calendar year, 80/20 cost sharing for cast, crowns and restorations, and orthodontic coverage (50/50) within the limits prescribed in the Group Plan document. The City shall continue the current or comparable program and shall pay any increased premium rate increases from date of the increase for the term of this MOU The maximum benefit amount is $1,500 per person per Calendar Year.

4.5 VISION PLAN
The City will contract for a vision plan for employee only vision benefits. Employees will be eligible to enroll qualified family members and will pay the premium costs for such enrollment.

4.6 LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT Effective January 1, 2010, 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.

4.7 LONG TERM DISABILITY POLICY
An employee shall have the option to fund a PORAC Long-Term Disability policy with after-tax income. In lieu of the City sponsored LTD plan, the City will pay an annual $100 lump sum payment minus applicable taxes to each employee. This lump sum payment will be made in the first pay period in December of each year of this MOU.

4.8 RETIREMENT

4.8.1 Retirement Contribution
Bargaining unit members shall pay the full share of the employee's contribution to the Marin County Retirement System.

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Effective the pay period including September 1, 2013, all current and “PEPRA” (“classic” and “new”) bargaining unit members shall contribute an additional 1% of pensionable compensation to MCERA, over and above the employee’s contribution noted above.

The 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.

4.8.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 3% at 55-retirement program to all safety members, as defined under the 1937 Act Government Code Section 31664, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This shall be based on an employee’s single highest year of compensation.

The City shall provide the Marin County Employee Retirement Association 2.7% at 55-retirement program to all miscellaneous members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This shall be based on an employee’s single highest year of compensation.

Safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 3%@55 calculated based on the average of their highest three years of compensation, with a 2% COLA benefit cap.

Non-safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2%@55 calculated based on the average of their highest three years of compensation, with a 2% COLA benefit cap.

Safety employees hired on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2.7% @ 57 plan for Safety members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of their retirement or some other period designated by the retiring employee.

Non-safety employees hired on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of their retirement or some other period designated by the retiring employee.

4.8.3 Member Cost of Living Rates
Bargaining unit members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of member’s 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).

4.8.4 Pension Costs
The parties shall discuss pension issues during the term of this MOU utilizing the Labor-Management Committee process memorialized in Section 6.6.5 of this agreement.

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5 LEAVES

5.1 SICK LEAVE

5.1.1 Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be considered a privilege, which an employee may use at the employee's discretion, but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Police Chief according to department Rules and Regulations at the beginning of their daily duties. Every employee who is absent from their duties for two (2) consecutive work days shall file with the Human Resources Director should they so request, a physician's certificate or the employee's personal affidavit stating the cause of the illness of disability. The inability or refusal by said employee to furnish the requested information, as herein required, shall constitute good and sufficient cause for disciplinary action, including dismissal.

5.1.2 Sick Leave Accrual
All eligible full-time employees shall earn sick leave credits at the rate of eight (8) hours per month commencing with the date of employment (accrual pro-rated for P/T employees). Unused sick leave may be accumulated with no limit. A cap of twelve hundred (1200) hours shall be in effect for sick leave separation payoff purposes only.

5.1.3 Use of Sick Leave
An employee eligible for sick leave with pay will be granted such leave with the approval of the Chief of Police for the following purposes:

1. Personal illnesses or illness within the immediate family (immediate family is defined as:
employee’s spouse or registered domestic partner, dependent children grandchildren, siblings, and/or employee’s parents or parent(s)-in-law), or physical incapacity resulting from causes beyond the employee’s control; or,

2. Enforced quarantine of the employee in accordance with community health regulations; or

3. Medical appointments that cannot be scheduled during non-working hours shall be charged to sick leave, unless the employee is a sworn police officer.

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 the time of such separation shall reimburse the City of all salary paid in connection with such un-accrued leave.

5.1.5 Service Credit for Sick Leave
Employees who are eligible to accrue sick leave and who retire from the City of San Rafael’s Marin County Employee’s Retirement System, on or after January 1, 2003, and within 120 days of leaving City employment (excludes deferred retirement), shall receive employment service credit, for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours said employee is eligible to receive and elects to receive in compensation at the time of retirement).

Note: Refer to Section 5.1.2, Sick Leave Accrual, for sick leave cap limitation for payoff purposes.

5.1.6 Compensation for Unused Portion
Upon separation from employment, by resignation, retirement or death, an employee who leaves the City in good standing shall receive compensation for all accrued, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%).

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5.2 VACATION LEAVE

5.2.1 Eligibility
Annual vacation with pay shall be granted each eligible employee. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the Police Chief.

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 commence to accrue vacation at the following rate for continuous service:

Vacation Accrual chart:

YEARS OF SERVICE ACCRUAL PER YEAR ACCRUAL PER MONTH
1 - 3 years 80 hours 6.66 hours
4 - 10 years 120 hours 10 hours
11 - 15 years 160 hours 13.34 hours
16 + years 200 hours 16.68 hours
When an employee is on an approved leave without pay, vacation accrual is prorated based upon paid hours in the pay period.

5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Police Chief, may advance un-accrued vacation to any permanent regular and part-time employee.

The time at which an employee may use their accrued vacation leave and the amount to be taken at any one time shall be determined by the employee’s Chief of Police with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee.

In the event that one or more City holidays falls within an annual vacation leave, such holidays shall not be charged as vacation leave, unless the employee is on a schedule to be paid for designated holidays in lieu of days off.

Upon termination, an employee shall be compensated in cash at their current rate of pay for any vacation accrued but not taken, up to the maximum accrual cap.

5.2.4 Vacation Sign-up
Vacation sign-ups shall occur every six months during the designated shift rotations as outlined in Section 6.1.2 of this MOU. Employees will sign up for vacation based on seniority within their assigned work unit using the Vacation Sign-Up Roster. Employees who do not sign up during shift rotation will be able to sign up for vacation beyond the traditional shift sign up period only if the desired week(s) are open and available.

Employees may take a single vacation day only if the following criteria are met:

1. The single day vacation is selected 120 hours prior to the date to be taken.

2. The single vacation day does not cause the employee’s assigned shift to go below the minimum staffing requirements.

3. The single vacation day may be denied between 120 and 71 hours in advance of the date to be taken if staffing is projected to fall below minimum staffing requirements due to additional employees using sick leave, comp time or for specific department needs.

4. If there are schedule changes due to additional employees using sick leave, comp time or other causes between 70 hours and the date to be taken, the department will honor the employee’s single vacation leave request and allow the employee to use the single vacation day.

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The Parties agree to discuss the vacation sign-up process (Section 5.2.4) and CTO (Section 6.2.2) during the term of this Agreement. The Parties must mutually agree to any changes to either or both sections.

5.2.5 Vacation Cap
No employee may accrue more than 250 hours of vacation leave. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable cap limit.

Employees may, for special situations, i.e., extended medical leave, request an increase in their cap.

Each request would need to be in writing, submitted through the department, and receive the approval of the Police Chief and the City Manager. Such requests would be reviewed on a case-by-case basis and would be evaluated based on the reason for the request. This additional vacation accrual could not exceed one-half of the employee’s regular annual vacation accrual. In no case would the addition over the cap be extended beyond one additional year from date of approval.

5.2.6 Vacation Cash-In
Vacation Conversion: An employee is eligible to request a conversion of vacation time to a cash payment in May or November in any fiscal year in accordance with the following:

An employee who has taken at least ten (10) days of vacation in the preceding twelve (12) months and has accrued vacation during that time may request up to seven (7) days of vacation conversion.

Such requests may be granted at the discretion of the City Manager.

If the request is granted, May requests will be paid in the last pay period in June and November requests will be paid in the last pay period in December. Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period.

5.3 HOLIDAYS
The following thirteen (13) holidays will be observed:

New Year’s Day Labor Day
Martin Luther King Day Veteran’s Day
Washington’s Birthday Thanksgiving Day
Lincoln’s Birthday Day after Thanksgiving
Cesar Chavez Day Christmas Day
Memorial Day
Juneteenth
Independence Day
All represented employees in the Police Department shall receive straight time compensation for every holiday worked or which falls on a regularly scheduled day off in each given year, which all other employees receive as time off. Said compensation shall be during the pay period that the holiday occurs.

In order to be eligible for compensation for the paid holiday, the employee must both be in paid status on the day before the holiday and on the day after the holiday.

5.4 OTHER LEAVE

5.4.1 Bereavement Leave
In the event of the death of an employee's spouse, registered domestic partner, child, parent, sibling, parent-in-laws, grandparent, grandchild or relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to five (5) days of accrued sick leave may be granted for bereavement leave for each death of a family SRPA MOU 2024-2027 21
member. The five days may be taken intermittently but must be used within three (3) months of the date of the family member’s death.

In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Police Chief as part of the request for bereavement leave.

The above bereavement clause shall also apply in the event of a reproductive loss for an employee. The City agrees to maintain employee confidentiality related to the reproductive loss 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 Police Chief 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 Police Chief 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. Applicable accrued 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 their supervisor as soon as possible, preferably within twenty-four (24) hours. The Human Resources' office coordinates benefits for Worker's Compensation claims.

For further information, see the City’s Workers’ Compensation policy located on the Intranet (https://intranet.cityofsanrafael.org).

Employees of the City who have suffered any disability arising out of, and in the course of their employment as defined by the Worker's Compensation Insurance and Safety Act of the State of California are entitled to all benefits allowed them by the Workers’ Compensation Insurance and Safety Act of the State of California.

NON-SAFETY EMPLOYEES
Temporary disability payments (TD) are made to all employees (full and part-time) when a physician reports an employee is unable to perform their job duties due to an industrial injury and the City cannot accommodate the restrictions mandated by their physician. TD is set by State law and is approximately two-thirds of full salary with state-mandated minimums and maximums. For full-time, regular employees, however, the City augments disability payments to bring them to full salary for the first three (3) calendar months and to ¾ pay for the next 6 months. Compensation leave payments shall not exceed the employee's regular full pay for the first three (3) calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months.

All other employees shall be entitled to such compensation as may be allowed them by the Worker's Compensation Insurance and Safety Act of the State of California.

SAFETY EMPLOYEES
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Compensation leave payments are governed by Labor Code Section 4850. Labor Code Section 4850 provides that employees who sustain an industrial injury which precludes them from working are eligible to receive full salary for a period of up to one year during the period of such disability.

Sick Leave Usage Post Industrial Injury/Illness
The following rule applies to both Safety and Non-Safety personnel who have suffered an 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 Medical Leave of Absence
Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the Police Chief for approval and reviewed by the Human Resources Director for consistency with the law prior to approval. Employees approved for this type of leave must use appropriate accrued and unused vacation leave and/or compensatory time before going on leave without pay status. Accrued and unused sick leave may be used if requested. Sick leave usage is to be consistent with the sick leave provisions of the MOU; to be eligible for this family leave benefit, an employee must have worked for the City of San Rafael for at least 12 months and have worked a minimum of 1,250 hours in the previous 12-month period. For details, please see the City’s FMLA policy located on the Intranet.

5.4.7 Absence without Authorized Leave
An unauthorized absence of an employee for three consecutive workdays shall constitute grounds for termination.

5.4.8 Catastrophic Leave
All employees of the Police Department should refer to City-Wide Catastrophic Leave Policy located on the City’s Intranet (https://intranet.cityofsanrafael.org).

5.4.9 Paid Parental Leave
Eligibility:

Effective July 1, 2024, any full-time, regular, or probationary employee who has been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for Paid Parental Leave (PPL) to use within 12 months of the following eligible events:

1. Birth of a child of the employee, the employee’s spouse, or the employee’s domestic partner.

2. Placement of a child with the employee for adoption.

For the purposes of PPL, the definition of “parent” and “child” are as defined by the California Family Rights Act.

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The City Manager may authorize, upon the recommendation of the Police Chief, an exception to the eligibility provisions, when it is, in their opinion, necessary in order to hire or retain qualified personnel.

In these circumstances, the benefit will be prorated based on the number of months employed.

Benefit and Use:

1. Eligible employees shall be granted 300 PPL hours to use within 12 months of the qualifying event for the purposes of disability due to pregnancy and/or baby/child bonding. Regular part-time employees shall be eligible for a prorated number of PPL hours, based on scheduled and budgeted FTE.

2. PPL is based on a 12-month rolling calendar. No more than 300 PPL hours may be used in any 12- month period. PPL may not be used or extended beyond the 12-month time frame and any accrued and unused PPL will be forfeited at the end of the 12-month period for the qualifying event.

3. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused PPL for which they were eligible.

4. PPL is based on the employee’s regularly scheduled hourly base wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.

5. PPL shall be used in a block of continuous time or on an intermittent basis or reduced schedule.

For the purposes of this article, a reduced schedule is anything less than a full shift. Intermittent leaves or reduced schedules must be arranged and approved by the employee’s supervisor in advance.

6. PPL shall run concurrently with FMLA/CFRA and with PDL as set forth in paragraph 7, below.

Eligible employees will be reinstated to the same or equivalent position in accordance with FMLA/CFRA protections. This may include altered assignments to accommodate the department’s operational needs when the employee is fewer hours than their regularly scheduled work hours.

7. Pregnancy Disability Leave (PDL): An eligible employee on PDL must reduce their sick leave balance to 40 hours or less to use PPL concurrently with PDL. An eligible employee is not required to further reduce their balance once they have reached the initial threshold of 40 hours or less.

8. Use of this leave constitutes a “compelling personal situation during which time the employee was unable to work” under Article 6.4.4 of this MOU and the probationary period for any probationary employee who uses this leave shall be extended for the length of time the employee was off work using this leave.

Coordination of Benefits & Leaves:
• PPL taken under this provision will run concurrently with leave under the FMLA, CFRA, and PDL once the eligible employee’s sick leave balance is reduced to 40 hours or less. • PPL will be fully integrated with any short-term disability or California Paid Family Leave program but shall not exceed one hundred percent (100%) of the employee’s normal gross salary rate.
• The use of State Disability insurance (SDI) or Short-Term Disability (STD) and Paid Family Leave (PFL) will not reduce available hours under the PPL leave entitlement.

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• For time covered by FMLA/CFRA job protected leave for baby/child bonding purposes, PPL must be used prior to other accrued leave or unpaid leave except as discussed in number 7 above.
• If an employee has exhausted FMLA/CFRA entitlements for reasons other than baby bonding, PPL must be used prior to other accrued leaves or Leave Without Pay for arranged leaves for the purpose of baby bonding. Scheduling of non-FMLA/CFRA protected PPL is subject to Police Chief approval.
• An employee who is eligible for PPL but is on leave for other reasons cannot use PPL except as described in paragraph 7 above.

Additional Restrictions:

Notwithstanding the requirements of other state and federal protected leave (such as FMLA, PDL, CFRA, School leave, etc.), where this leave is not coordinated with another protected leave status, the following rules shall apply:
• Due to the scheduling complexities in a 24/7 facility, an employee may only use these leaves in increments of a full shift.
• Unless there is specific approval by the Police Chief, as applicable, these leaves must be used consecutively and not intermittently by eligible employees. • Unless there is an emergency need to use one of these leaves, these leaves may not be used to disrupt the shift bid for City paid holidays and the week surrounding those holidays, when vacation requests are high. For example, if an employee is not successfully able to bid the week between Christmas and New Years through the shift bidding procedure, the employee will not be able to take PPL for that holiday week and bump someone who successfully bid for the week.
• If the department is operating with minimum staffing as described in the Patrol Staffing Directive, the Chief may temporarily suspend these benefits until staffing returns to minimum staffing levels.

5.4.10 Paid Parental Leave
Eligibility:

Effective July 1, 2024 any full time, regular or probationary employee who has been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for End of Life Care leave to provide end of life care for an immediate family member, which shall include an employee’s spouse, registered domestic partner, child, parent, sibling, parent, parent in-law(s), grandparent, or grandchild.

End of Life care may be used to provide support, assistance and care to an immediate family member, as defined above, who is receiving end of life services through hospice or a medical facility.

Benefit and Use:

1. Eligible employees shall receive 80 hours of End of Life Care leave to be used during their employment with the City for use to support an immediate family member near the end of life, as described above.

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2. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused End of Life Care leave for which they were eligible. Further, if an employee leaves City employment and returns to City service later in their career, the employee shall receive any unused hours from their previous employment with the City but shall not be granted any additional hours of for End of Life Care Leave.

3. End of Life Care leave is based on the employee’s regularly scheduled hourly base wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.

4. End of Life Care leave shall be used in a block of continuous time or on an intermittent or reduced schedule. Intermittent leaves or reduced schedules must be arranged and approved by the employee’s supervisor in advance.

5. End of Life Care shall run concurrently with FMLA/CFRA. Eligible employees will be reinstated to the same or equivalent position in accordance with FMLA/CFRA protections. This may include altered assignments to accommodate the department’s operational needs when the employee is working a reduced work schedule.

6. An employee who is eligible for End of Life Care Leave but is on leave for other reasons cannot use PPL except as described in paragraph 5 above.

7. Use of this leave constitutes a “compelling personal situation during which time the employee was unable to work” under Article 6.4.4 of this MOU and the probationary period for any probationary employee who uses this leave shall be extended for the length of time the employee was off work using this leave.
6 TERMS & CONDITIONS OF EMPLOYMENT

6.1 HOURS OF WORK/FLSA WORK PERIOD
The work period for personnel assigned to patrol is pursuant to a 21-day Section 207(k) of the FLSA, which begins and ends at 5:00 a.m. shift change. The work period for all other personnel is seven days, Sunday through Saturday of each calendar week, starting at midnight on the first day of the period and ending one minute before midnight on the last day of the period. An employee's normal total number of work hours per year shall be 2080 hours.

The parties may reopen negotiations during the term of the Agreement to negotiate the City’s administration of a new payroll system and/or changes made to comply with a 28-day FLSA work period.

Any changes to mandatory subjects of bargaining during the term of the MOU will be implemented subject to mutual agreement.

6.1.1 Alternate Work Schedules
Both parties agree that at the discretion of the Police Chief, alternative work schedules which include a total of 2,080 annual working hours, if mutually agreed to, may be implemented for designated periods of time for all represented employees for the lifetime of this MOU; any new alternative work schedule established during the term of this MOU shall initially be established on a six-month trial basis. During the trial period if there is a significant increase in overtime costs attributable to the trial plan, or significant increases in sick leave usage or workers compensation claims or reduced staffing due to injuries, illness, or vacancies, the department may opt to stop the trial alternative work schedule.

For illustration and definition purposes the following chart is prepared:

Schedule Definition
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4-10 Four (4) consecutive ten (10) hour days with three (3) consecutive days off. 5-8 Five (5) consecutive eight (8) hour days with two (2) consecutive days off. 3-12 The standard work period will consist of 156 hours of work in a 28-day period, broken into thirteen (13) twelve (12) hour days. The standard work cycle consists of working alternately, three (3) consecutive days in a seven-day period, then four (4) consecutive days in a seven-day period. Each member will be given an extra twelve (12) hour day off during each 28-day period to ensure that no more than thirteen days are worked. This extra day off may be different for each employee on a given team to ensure adequate daily staffing. This extra day off will coincide with the employees’ regular days off. As a result of working 156 hours in each 28-day period instead of the standard 160 hours, each member will owe the City 4 hours. The City and the Police Association agree to allow each member to bank these 4 hours for three 28-day periods, for a total of twelve (12) hours. Each member would be required to pay back these hours by working a scheduled day off selected by the Department. The scheduled pay back would be for training or other assignments as required by the Department. 4-4 Four (4) consecutive ten (10) hour days with four (4) consecutive days off. Each employee will work three-hundred twenty (320) hours of work within an eight-week cycle.

The following Alternative work schedules are currently being used:

PATROL:

The shifts listed are basic shifts that must be filled in order to meet the minimum staffing levels. If an officer filling one of those shifts is absent for a period of a week or longer, another officer may be required to change shifts to fill the vacancy in accordance with the existing provisions of the MOU regarding changes of assignments.

The rosters anticipate a minimum of twenty-seven officers being assigned to patrol in a duty status in the indicated shifts. In the event twenty-seven officers are not available, the department may opt to return to five eight-hour shifts per week for all patrol officers.

It is the department's intent to match staffing levels with calls for service. If calls for service change, the department may alter the hours of shifts to meet the change.

DETECTIVES:

A 4-10 or 5-8 plan for all detectives with the approval of the Bureau Commander.

FRONT OFFICE:

A system combining 5-8/4-10 for all front office Records Clerks.

COMMUNICATIONS DISPATCHERS:

1. Alternate Work Schedules for Communications Dispatchers include a 4-4 plan, a 4-10 plan or a 3-12 plan. Depending on department needs, some dispatchers may be assigned to work a 4-4 schedule while others may be assigned to a 4-10 schedule or a 3-12 schedule.

2. Under the 3-12 plan, Dispatchers will be required to work the following three-week schedule:

Week 1 - three (3) 12-hour days; Week 2 - three (3) 12-hour days; and Week 3 - four (4) 12- hour days. The fourth 12-hour day in Week 3 is to be determined by the Division Captain and Dispatch Supervisor as part of the rotation schedule.

3. Overtime shall be earned in accordance with the FLSA, meaning that: a) only actual work hours are counted toward overtime; b) only actual work over 40 hours in the City’s workweek are paid pursuant to FLSA requirements; and c) all actual work over 40 hours in the City’s workweek will be paid at a rate of 1.5 times the individual employee’s regular rate of pay.

4. Non-FLSA overtime will also be earned if a Dispatcher on a 3-12 schedule works over their scheduled work day or work week (e.g. more than 12 hours on a single day or more than 36 hours in a work week where the employee was scheduled to work three (3) 12-hour shifts, or SRPA MOU 2024-2027 27
more than 48 hours in the work week in which the Dispatcher is scheduled to work four (4) 12- hour shifts). The City will use the premium portion of any non-FLSA overtime premium pay due in any specific workweek to offset any FLSA overtime premium due in the same work week.

The 3-12 Alternate Work Schedule will not have any impact on holiday pay, sick, and vacation accrual rates. However, any holiday, sick, and vacation days off will be deducted for the number of hours scheduled to work, i.e. a sick day under the 3-12 plan will result in the deduction of twelve (12) hours of sick time.

6.1.2 Shift Rotation
Both parties agree that at the discretion of the Police Chief, the starting dates for the rotation, if mutually agreed to, may be changed for a designated rotation for all represented employees for the life of this MOU.

For members of the Patrol Bureau and Information Services Bureau, the spring rotation shall begin on the Sunday nearest the 15th of March and the fall rotation shall begin on the Sunday nearest the 15th of September. If the members of the Patrol Bureau or Information Services Bureau are working a 3-12 schedule, which operates on three-week cycles, then the Spring rotation shall begin on the Sunday nearest to the 15th of March following a completed three-week cycle and the Fall rotation shall begin on the Sunday nearest to the 15th of September following a completed three-week cycle.

Sergeants assigned to Patrol may select their shift by seniority, within rank. This paragraph shall not apply to probationary Sergeants. Probationary Sergeants shall be assigned at the discretion of the Division Captain, and any remaining open Sergeant slots shall be filled by seniority, within rank.

Corporals assigned to Patrol may select their shift by seniority, within rank. This paragraph shall not apply to probationary Corporals. Probationary Corporals shall be assigned at the discretion of the Division Captain, and any remaining open Corporal slots shall be filled by seniority, within rank.

Officers assigned to Patrol and not on probation may select their shift by seniority, within rank. This paragraph shall not apply to probationary Officers. Probationary Officers shall be assigned at the discretion of the Division Captain, and any remaining open Officer slots shall be filled by seniority, within rank.

Police Call Taker & Records Specialists work group working in the Records Unit will have the option to rotate three times per year: on the Sunday nearest the 15th of January; on the Sunday nearest the 15th of May; and on the Sunday nearest the 15th of September. This will begin at the September 2011 rotation. This practice will be at the discretion of the Chief of Police.

6.1.3 Patrol Briefing
Patrol briefing periods will be conducted within Patrol employees designated shifts.

6.1.4 Employee Break and Meal Periods
Employee break and meal periods are as follows:

Uniformed Patrol employees: One 15-minute break in first half of shift and one 45-minute meal period as scheduled and approved by the designated supervisor.

All other employees: One 15-minute break to be taken in the first half of the shift, one fifteen-minute break to be taken in the second half of the shift, and one 30-minute meal period as scheduled and approved by the designated supervisor. Combination of meal and break period must have prior supervisory approval.

No changes will be made in break and meal periods that would alter an employee’s regularly scheduled working time without the advance approval from the employee's supervisor.

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Break and meal periods are paid time and, as such, departmental needs will take priority. In the event that work demands preclude an employee from taking their break, and/or meal period, the employee will not be eligible for overtime compensation.

6.2 OVERTIME

6.2.1 Overtime
All represented employees who work overtime shall on forms provided by the Police Department designate whether they want the time accrued as compensatory time (C.T.) or paid as overtime at the rate of time and one-half. After initial selection (O/T pay vs. C.T.) if an employee wants to convert compensatory time to cash, or vice versa, the employee must submit a written request to the Police Chief and approval shall be at the discretion of the Police Chief.

Employees may accrue up to 200 hours of compensatory time at any time. Employees may use up to 120 hours of comp time each calendar year. Employees may take an additional 80 hours of comp time for the remainder of the year, however those 80 hours will fall under the single day vacation guidelines. Employees who have a comp time balance in excess of the 200-hour cap will receive pay in lieu of continued carrying of these hours from the City on the next available pay check. At the end of the calendar year, any unused accrued comp time may be carried over to the next calendar year and said balance would affect the employees’ ability to accrue additional comp time.

Before any Sergeant will be allowed to work an overtime shift replacing a beat officer, the overtime opportunity shall be posted for forty-eight (48) hours to allow officers to sign up. Only if officers fail to sign up, or the need to replace a beat officer arises with less than forty-eight (48) hours’ notice, will sergeants be given the opportunity to work overtime in place of an officer/corporal. This restriction shall not apply to special events or foot beat duty.

Both parties agree that any changes in the overtime provisions of this MOU are subject to the meet and confer process.

All entry-level probationary employees shall not be allowed to accrue and bank any compensatory time until they have successfully completed their training program. Any overtime worked during their training program shall be paid at time and a half. This section does not apply to any employee that is promoted within the police department, and due to that promotion, is required to complete a training program. Promoted employees may elect to accrue and bank compensatory time or have such time paid at time and a half.

6.2.2 Requests for Compensatory Time Off
In the event that the granting of a request for compensatory time off creates one or more vacancies which bring the shift below the minimum staffing level or which otherwise needs to be filled, then the current practice will be utilized as follows: The supervisor will post the vacant slot(s) to be voluntarily back-filled with overtime. If one or more vacancies still exist then the supervisor will 1) assign personnel from the previous shift to hold over at the overtime rate, and/or 2) assign personnel from the following shift to report early at the overtime rate, and/or, in civilian work units, 3) assign personnel to work on their day(s) off.

All employees shall be granted compensatory time off when submitted at least 72 hours in advance of the requested time off. If an employee makes a request for compensatory time off with less than 72 hours advance notice and this request does not bring the shift below one above minimum staffing, then the employee shall be granted the time off. If the granting of the request would bring the shift to minimum staffing then the granting of the request would be at the discretion of the Police Chief or his designee.

Any comp time requests after an employee uses 120 hours in a calendar year will fall under the preexisting single day vacation guidelines. Employees may take up to 80 hours of additional comp time only if the following criteria are met:

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• The comp time is selected 120 hours prior to the date to be taken. • The comp time does not cause the employee’s assigned shift to go below the minimum staffing requirements.
• The comp time may be denied between 120 and 71 hours in advance of the date to be taken if staffing is projected to fall below minimum staffing requirements due to additional employees using sick leave, comp time or for specific department needs. • If there are schedule changes due to additional employees using sick leave, comp time or other causes between 70 hours and the date to be taken, the department will honor the employee's comp time leave request and allow the employee to use the comp time.

6.3 SHIFT CHANGES
Changes in the days or hours of the regular work schedule of an employee shall entitle such employee to be additionally compensated at one-half (1/2) their hourly pay rate for each hour worked outside their regular schedule unless the City has given the employee a minimum of seven (7) full days (or 168 hours) advance notice of such a change. No advance notice to employees by the City of shift change shall be required and no additional compensation shall be paid when shift changes occur as a result of work related emergencies, i.e., multiple sicknesses, disabilities or injuries; an unplanned for vacancy or shortage occurring less than seven days in advance of the shift change if the employee is given a minimum of twelve hours advance notice or at the specific request of an employee. If a shift change is due to work related illness or accident, it shall be considered an emergency and no overtime will be paid.

Vacancies of less than one workweek will be filled by overtime rather than shift changes.

This section shall not apply to personnel shortages arising from mutual aid requests, states of emergency declared by the Mayor, Board of Supervisors, Governor or the President or unplanned for critical incidents or situations of more than twenty-four hours duration.

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 Length of Probationary Period
The probationary period on original appointments shall be eighteen (18) months. The probationary period on promotional appointments shall be twelve (12) months for internal promotions from:
• Police Officer to Police Corporal
• Police Corporal to Police Sergeant
• Dispatcher to Lead Dispatcher
• Lead Dispatcher to Dispatch Supervisor
• Records Specialist/Call Taker to Records Supervisor
All other internal promotions shall be subject to an eighteen (18) month 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; except as otherwise provided for by the Public Safety Officers Bill of Rights Act, Government Code 3300, et.seq. for sworn officers, and as provided for in applicable existing case law concerning appeal rights/remedies of probationary employees.

6.4.4 Extension of Probationary Period
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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.

6.4.5 Notification of Rejection or Extension
Upon determining that a probationary employee's work is not satisfactory, the Police Chief shall notify the Human Resources Director in writing of their intention to terminate the employee.

After discussion with the Human Resources Director, the Police Chief shall notify the employee in writing of the extension or rejection.

6.4.6 Regular Status
Regular status shall commence with the day following the expiration date of the probationary period.

6.4.7 Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a higher position classification provided the employee is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date.

6.4.8 Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass the promotional probationary period shall be reinstated to the position in which the employee held regular status prior to their 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.

6.5 PERSONNEL RULES & REGULATIONS
Both parties agree to the most updated Personnel Rules and Regulations that exist on July 1, 2011 for the purposes of this agreement, which are available on the City’s intranet website. In the event that conditions appear in both the Rules and Regulations and the MOU, the MOU prevails.

6.5.1 Employer-Employee Resolution
The City and the Association agree to abide by the City of San Rafael's Employer-Employee Relations Resolution.

6.5.2 Drug and Alcohol Policy
The City and Association jointly recognize alcoholism and drug abuse as illnesses, which may be treatable. The parties are concerned regarding alcoholism and drug problems which cause poor attendance and unsatisfactory employment related performance, and/or which may pose a danger to employees or the public. Therefore, the City and Association endorse the concept of a drug free work place.

Possession, sale, use, or being under the influence of drugs or alcohol while on the job is strictly prohibited. Employees violating this policy are subject to discipline, up to and including termination.

When reasonable cause (relates to readiness and/or ability to perform job responsibilities) exists, the City may require employees to submit to a medical examination, including but not limited to a urine or blood analysis, to determine whether the employee is using drugs or alcohol. Said testing shall occur on City time and be paid for by the City. An employee’s failure to submit to a medical examination will be considered an act of insubordination, and therefore, subject to disciplinary action.

Depending on the circumstances causing the order for medical examination, employees testing positive may be subject to discipline, up to and including termination. Upon being informed that the employee tested positive, the employee may request a meeting with the Human Resources Director SRPA MOU 2024-2027 31
and the Police Chief to review the test results and provide the employee’s explanation for such results.

Employees are encouraged to voluntarily participate in the City sponsored employee assistance program (EAP). However, EAP participation may be a City-mandated alternative to disciplinary action arising out of a violation of the City’s drug and alcohol policy.

As a course of participating in the EAP on a mandated basis, an employee may be required to enter into a “return to work agreement,” with the City. Said agreement shall stipulate ongoing freedom from drug and/or alcohol use as a condition of continued employment.

Employees who seek voluntary assistance for alcohol and/or substance will not be disciplined for seeking such assistance. Requests from employees to the Police Chief for such assistance shall remain confidential and shall not be revealed to other employees or management personnel, who do not have a need to know, without the employee’s consent. Employees enrolled in substance abuse programs shall be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.

An employee who is disciplined/discharged for inappropriate alcohol and/or drug use may appeal such action pursuant to Section 7.3.2 of the Memorandum of Understanding.

6.5.3 Outside Employment Policy
All employees of the Police Department should refer to City wide policy located on the City’s Intranet (https://intranet.cityofsanrafael.org) for policies and procedures related to outside employment.

6.5.4 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.

6.5.5 Wireless Communication Policy
Union members agree to adhere to the provisions of the City’s Wireless Communication Policy which is available on the City’s Intranet Website.

6.5.6 Medical Standards
Attachments to the City of San Rafael’s official job class specifications have been developed by Rehab 90 to describe the activity and frequency of the activities performed by the employee in the course and scope of their job classification. These descriptions are available for review by the employee’s treating physician to assist the physician in determining whether the employee is able to return to their job after an absence due to an injury or illness.

6.5.7 Temporary Light Duty Policy Statement
The purpose of this temporary light duty program is to minimize the losses of productive time, while at the same time reintroducing the employee to work sooner to prevent deterioration of skills, facilitate recovery and reduce income loss. Light duty assignments will be structured so that employees are not placed in a duty status that would aggravate or reincur an injury or illness. Light duty assignments are to be limited to temporary periods and are not to be used to create a permanent light duty assignment.

1. Coverage
Any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness will be covered by this light duty program.

2. Determination/Required Reports
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a. Light Duty assignments may be made following evaluation and determination by the Police Chief. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determination will also be based on the needs of the City and the impact of light duty departmental operations. b. After the initial report, updated medical reports shall be submitted to the Police Chief at twoweek intervals, or at other agreed upon intervals, for as long as the employee is off work.

Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether or not a light duty assignment has been made.
c. Reports will be evaluated by the Police Chief for purposes of continuing or terminating a current light duty assignment or to determine when to commence a light duty assignment.

3. Light Duty Assignments - Definitions/Restrictions
a. Light duty assignments may consist of reduced work hours, limited work or any combination thereof.
b. Light duty assignments will not adversely affect the employee’s normal wage rate or retirement benefits.
c. Light duty assignments will be within the employee’s assigned department and will involve work which is consistent with the duties of the employee’s classification. d. When feasible, light duty assignments will be during the employee’s normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee will be assigned light duty during normal office hours of 8:00 a.m. to 5:00 p.m. Monday through Friday.
e. Specific light duty assignments will be developed based upon a case-by-case review of the medical restrictions, so as not to aggravate or reincur an injury or illness. f. Employees will not be placed in light duty assignments that in the normal course of events will require that they provide direct field emergency response.

4. Holidays/Vacations
a. Holidays shall be observed in accordance with the light duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take the holiday off, so shall the light duty employee. If the employee is assigned to work hours on a work holiday, so shall the light duty employee. Compensation for holidays shall be in accordance with applicable Memorandum of Understanding or the Personnel Rules and Regulations.
b. Employees assigned to light duty shall take their assigned (selected) vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been enjoyed by the employee if they had remained on full duty. Employees may reschedule their assigned (selected) vacation with the approval of the Police Chief, provided the rescheduling does not result in increased costs or lost time to the City for relief personnel to cover the rescheduled vacation.

5. Return to Full Duty
Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of their classification.

6.5.8 Reinstatement
Reinstatement after resignation shall be considered as new employment. Reinstatement may only be made upon request to the Police Chief if the individual has:

1. Left City service within the prior twenty-four (24) months. and
SRPA MOU 2024-2027 33

2. Left City service in good standing. Good standing shall be defined for the purposes of reinstatement as: "The employee having provided in writing to the Department two weeks’ notice of their resignation".

6.6 MISCELLANEOUS

6.6.1 Gratuities / Solicitation of Contributions
All employees of the Police Department should refer to Departmental General Orders for the policy and procedures related to gratuities/solicitation of contributions.

6.6.2 Return of City Equipment
Upon termination of employment, all City property assigned to an employee shall be returned to the employee’s supervisor.

6.6.3 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and Federal Law.

6.6.4 Employment of Relatives
The City retains the right:

1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security or morale.

2. To refuse to place both parties to a relationship in the same Bureau or shift where such has the potential for creating adverse impact on supervision, safety, security, or morale or involves potential conflicts of interest.

6.6.5 Labor / Management Advisory Meetings
During the term of the Agreement, the City and the Association agree that consultation meetings may contribute to improved employer-employee relations.

The committee shall be comprised of three (3) representatives from the San Rafael Police Association and three (3) from City Management. The parties agree that committee members may change depending on the subject matter.

Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting.

6.6.6 Gym Membership Reimbursement
Employees are eligible to receive up to $50 reimbursement per month for paid gym memberships.

Such reimbursement shall be paid once per year by the City in a lump-sum check and reported as taxable income to the employee.

6.6.7 Public Safety Center Fitness Program
PURPOSE AND SCOPE:

The purpose of this policy is to establish guidelines for employees utilizing the Public Safety Center (PSC) fitness facility. The Department requires all those electing to use the PSC fitness facility to adhere to the conditions and policies as described in this policy. Persons who do not meet the conditions as described in this directive will be deemed to be engaging in activities outside the scope of their employment, and the City shall not have any liability for injuries or losses resulting from such activities. The City will not accept responsibility for injuries incurred as a result of recreational exercise/activities or competitive events.

PROCEDURES:

SRPA MOU 2024-2027 34
It is the position of the City to encourage a high level of physical fitness among police personnel. To assist employees in achieving this goal, the Department has implemented an on-duty work-out policy for all San Rafael Police employees.

A. On-Duty Participation:

1. On-duty participation is defined as one hour of on-duty time, a maximum of two days per workweek, for the purpose of exercise.
i. This time includes: 10 minutes to change, 40 minutes to exercise, and 10 minutes to shower and change.

B. Exercise time and use of the PSC fitness facility may not begin until the Waiver and Release of Liability form has been read, signed, and filled out for all employees.

C. Part-time employees may exercise in the PSC fitness facility during off duty time only.

D. Use of the Public Safety Center fitness facility by Participants:
1) All personnel, regardless of assignment, may use the PSC fitness facility for workouts between the hours of 0700hrs to 2200hrs.
2) No more than one (1) on-duty employee from each workgroup will be allowed in the PSC fitness facility area at one time. For example, one officer, on dispatcher, one detective at a time.
3) There shall be no meals or snacks eaten in the PSC fitness facility; water or other workout drinks are acceptable.
4) All personnel using the PSC fitness facility shall wipe down all equipment after use and pick up any trash.

E. The PSC fitness facility is the only approved and authorized on-duty work out facility:
1) On duty exercise must take place within the PSC so employees can remain available for emergencies or return to their duty assignment in the event exigencies arise. Employees must be prepared to change into uniform without undue delay if necessary. 2) The PSC fitness facility is located on the second floor. This area is close to the sleeping quarters of the firefighters and police employees should respect the shared area appropriately.

F. Provisions of the on-duty exercise policy that are specifically related to personnel assigned to Patrol are as follows:
1) On duty exercise time shall be utilized in lieu of a meal break. Personnel participating in an on-duty work out will remain personally responsible for sustenance in their vehicle as time permits in the balance of their workload.
2) On-duty exercise time is approved by the Watch Commander or his/ her designee only when the shift is above minimum staffing. Due consideration must be given to staffing and activity levels. Exercise time may be canceled at the discretion of the Watch Commander (or designee). The Watch Commander's decision regarding on-duty exercise cannot be grieved.
3) No more than one (1) employee from patrol may exercise on-duty at any given time. When on-duty, there shall only be one (1) on-duty patrol officer in the workout room at a time. 4) A police radio shall be audible inside the PSC fitness facility any time patrol personnel are exercising. Patrol personnel shall respond to their call sign when called from communications.

SRPA MOU 2024-2027 35
5) Participants assigned to patrol wishing to use on-duty time for exercise must request the desired time at the beginning of the shift. Requests may also be made a shift in advance.

Seniority will be used to determine exercise times.
6) Reports and calls for service have priority over exercise time. No work-related assignments should remain pending while working out unless they can be completed in a timely manner without incurring overtime,
7) Personnel participating in on-duty workouts shall not be permitted to do so in conjunction with briefing at the beginning of their shift or proximate to the completion of their shift. Onduty workouts may only take place at the direction and with approval of the Watch Commander (or designee).
8) On-duty exercise time may not be taken on the last hour of the shift (as enumerated in section 7 of this section).
9) During Field Training, neither the Field Training Officer (FTO) nor the Officer in Training (OIT) may utilize the PSC fitness facility on-duty.

G. Employees are required to immediately report any injuries or serious illnesses while using the PSC fitness facility to their supervisor:

H. Miscellaneous provisions of the on-duty exercise policy:
1) No exercise program hours will be carried over from one day to the next. 2) Performance issues, at the discretion of the Chief of Police, may be the basis for an individual being denied permission to participate in on-duty exercise. 3) Break periods (rest breaks) cannot be used to extend exercise time. 4) The provisions and implementation of this on-duty exercise policy will not be subject to challenge or grievance by employees.

INJURIES OR SERIOUS ILLNESSES:

Employees are required to immediately report all injuries or serious illnesses that require medical attention. Following such an injury, exercise privileges will be suspended immediately until further notice. Determination of when an injured participant may resume exercise activity will be at the discretion of the Chief of Police or their designee following a complete review of the injury report. This determination will be based on the nature of the injury and the health/fitness needs of the individual. a) An injured employee may be required to submit a memo detailing their injury/illness and obtain clearance in writing from the attending physician prior to resuming exercise activities. b) Once cleared to resume physical fitness activities, the injured participant will follow the exercise prescribed without deviation. Deviation from the prescribed exercise program may result in disqualification from using the PSC fitness facility on-duty and off-duty. c) Those participants whose injury/illness requires a "light duty" status may use the PSC fitness facility following a clearance by their attending physician. Exercise activity will be limited to the fitness program prescribed.
d) Failure to immediately report any injury or illness resulting from working out in the PSC fitness facility may result in loss of facility use privileges both on and off duty.

OFF DUTY EXERCISE BY EMPLOYEES:

Employees may use the PSC fitness facility during their off-duty time under the following guidelines:
a) Must read, sign, and submit the Waiver and Release of Liability form, which must then be authorized by the Chief of Police.

SRPA MOU 2024-2027 36
b) Exercise sessions are on off-duty time only and there is no limit to how many times one can use the facility.
c) Follow all safety rules.
d) Follow all guidelines as described in this policy.
e) Only SRPD employees are allowed to use the facility.

GENERAL SAFETY RULES:
a) Proper warmup and cooldown activities are to be performed before and after weight training and cardiovascular workout sessions.
b) All safety stops and mechanisms on exercise equipment must be properly adjusted before each use.
c) All weight plates must be removed from the lifting bar and returned to the proper storage rack immediately after use.
d) Proper athletic footwear and shirts must be worn while exercising in the PSC fitness facility. e) All injuries or exercise equipment needing repair should be reported to the Watch Commander immediately.
f) Spotters are required for all heavy lifting. If no spotters are available, no heavy lifting will be allowed.

PROGRAM LENGTH:
a) This will be a pilot program for six (6) months. At the end of the six months, the program will be evaluated by the Chief of Police to determine if the program should continue and/or be modified.
b) If at any time during the program the Chief of Police determines that it is detrimental to the functioning of the department, the Chief may cancel the program. The Chiefs decision to cancel the program will not be subject to challenge or grievance. 7 PROCEDURES

7.1 DEMOTION & SUSPENSION

7.1.1 Demotion
The Police Chief or designee may demote an employee when the following occurs:

A. The employee fails to perform their required duties; B. The need for a position which an employee fills no longer exists; C. An employee requests such a demotion.

No employee shall be demoted to a classification for which they does not possess the minimum qualifications.

When the action is initiated by the Police Chief, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy filed with the Human Resources Director. 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
SRPA MOU 2024-2027 37
The Police Chief or designee may suspend an employee from a position at any time for 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 their 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 Police Chief and Human Resources Department.

7.2.2 Termination - Layoff
The Appointing Authority may terminate an employee because of changes in duties or organization, or abolition of position, or shortage of work or funds, or completion of work for which employment was made.

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.

7.3 DISCIPLINARY ACTION

7.3.1 Right to Discipline & Discharge
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, suspension resulting in loss of pay, transfer for purposes of punishment, and written reprimand.

The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging in strikes, individual or group slowdowns or work stoppages, or refusal to accept overtime, or for violating or ordering the violation of the Memorandum of Understanding.

The City may discipline or discharge an employee for the following:
a. Fraud in securing appointment.
b. Negligence of duty.
c. Violation of safety rules.
d. Unacceptable attendance record, including tardiness, overstaying lunch or break periods. e. Possession, Distribution or under the influence of alcoholic beverages, non-prescribed or unauthorized narcotics or dangerous drugs during working hours. f. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. g. Unauthorized soliciting on City property or time.
h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. i. Unacceptable behavior toward the general public or fellow employees or officers of the City.

SRPA MOU 2024-2027 38
j. Falsifying employment application materials, time reports, records, or payroll documents or other City records.
k. Disobedience to proper authority.
l. Misuses of City property.
m. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations.
n. Disorderly conduct, participation in fights, horseplay or brawls. o. Dishonesty or theft.
p. Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action. q. Failure to perform to an acceptable level of work quality and quantity. r. Insubordination.
s. Other acts inimical to the public service.
t. Inability or refusal to provide medical statement on cause of illness or disability.

7.3.2 Appeals
If an employee believes they has been unjustly disciplined/discharged, they shall have the right to appeal their case through the appropriate procedure. A transfer for purpose of punishment not resulting in economic loss and a written reprimand shall only be appealable up to the level of the City Manager or “their designee and not eligible for arbitration. Discharge/dismissal, demotion, reduction in salary, suspension resulting in loss of pay, and transfer for purposes of punishment resulting in economic loss shall be appealable up to the level of arbitration. Such appeal must be filed with the City Manager by the employee in writing within five (5) working days from the date of receipt of the notice of discipline/discharge letter and unless so filed the right of appeal is lost.

7.3.3 City Manager and Arbitration
The employee (Appellant) may request the appeal be heard by the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the employee (Appellant) shall meet promptly to select a mutually acceptable arbitrator, and to the extent possible for both parties the selection of the arbitrator should be made within 60 days of the request for arbitration. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City.

A hearing before the arbitrator shall be held within sixty days of the selection of the Arbitrator unless the mutually acceptable Arbitrator’s schedule does not so permit. The Arbitrator shall hear each party's case as presented during the hearing and shall subsequently have the power to affirm, reject, or provide a lesser form of discipline. Decisions of the Arbitrator on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City.

7.4 GRIEVANCE PROCEDURE

7.4.1 Definition
A grievance is any dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding.

7.4.2 Initial Discussions
Any employee who believes that they has a grievance may discuss their complaint with the top management official in the Police Department or with such subordinate management official as the Police Chief may designate. If the issue is not resolved within five (5) working days in the Department, or if the employee elects to submit their grievance directly to an official of the employee organization which is formally recognized as the representative of the classification to which they is assigned, the procedures hereafter specified may be invoked.

SRPA MOU 2024-2027 39

7.4.3 Referral to the City Manager
Any employee or any official of the employee organization which has been formally recognized by the City and which has jurisdiction over any position directly affected by the grievance may notify the City Manager and Police Chief in writing that a grievance exists, and in such notification, state the particulars of the grievance and, if possible, the nature of the determination which is desired. No grievance may be processed under Section 7.4.4 below which has not first been heard and investigated in pursuance of Section 7.4.2. A grievance which remains unresolved thirty (30) calendar days after it has been submitted in writing may be referred to the next step (see Section 7.4.4).

Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative.

7.4.4 City Manager and Arbitration
If the grievance is not resolved at the previous step, the grievant, the Association, or the City may, after completion of the previous step in the grievance procedure, submit the grievance by written notice to the City Manager. If arbitration is requested, representatives of the City and the Association shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. A hearing before the arbitrator shall be held within sixty days of the selection of the Arbitrator unless the mutually accepted Arbitrator’s schedule does not so permit, and the arbitrator shall render a decision, within sixty days of the completion of the hearing unless the Arbitrator’s schedule does not so permit, which is binding on the parties hereto, to the extent permitted by the Charter of the City.

7.4.5 No Abridgement of Other Rights of Appeal
The provisions of this grievance procedure shall not abridge on rights granted to employees under the City Charter or City ordinances, resolutions, rules and regulations providing other procedures for resolving disputes, except that an employee may not submit a grievance to an arbitrator in accordance with this grievance procedure if the employee has elected to use another procedure available under the City Charter or City ordinances, resolutions, rules and regulations for the resolution of their grievance.

If an employee feels they has been unjustly discharged/disciplined, the employee shall have the right to appeal their case pursuant to Section 7.3.2. Such appeals must be filed in writing within five (5) working days from date of receipt of the notice letter of discharge/discipline and unless so filed the right of appeal is lost, but, in the event that the dispute is carried to arbitration and that such employee is found to have been properly discharged/disciplined under the provisions of Article 7.3, such employee may not be ordered reinstated and no penalty may be assessed upon the Employer. The arbitrator shall not have the power to amend or modify either party's position; but shall rule on the merits of each party's case as presented during the hearing.

In addition to the arbitrators proposed by the State Mediation and Conciliation Service, the parties shall be free to select from a pool of arbitrators mutually agreed to by the City and the Association. The parties shall continue to meet and confer, after the adoption of this MOU on a mutually agreeable panel of arbitrators. Once agreed to the panel shall be identified by side letter to the MOU.

7.4.6 Pay Claims
All complaints involving or concerning payment of compensation shall be filed in writing and no adjustments shall be retroactive for more than thirty (30) days from the date of filing.

7.4.7 Matters Excluded from the Grievance Procedure of the Memorandum of Understanding In those cases where the matter concerns any rule or policy or administrative procedure of the City contained in the City Charter, the Personnel Ordinance, or the Personnel Rules and Regulations which are adopted pursuant to the City Charter, the appeal procedures contained therein shall be utilized.

7.5 POSITION RECLASSIFICATION
SRPA MOU 2024-2027 40
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 REDUCTION IN FORCE

7.6.1 Notice
Employees designated for layoff or demotion due to a reduction in force shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be so notified.

7.6.2 Order of Layoff
In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable, in the opinion of the City, to perform the work required. An employee laid off from City services prior to being rehired must pass the physical examination administered by a City-appointed physician and must pass the background check administered by the Police Department. The names of employees laid off shall be placed on a Reemployment Eligible List as hereinafter specified.

7.6.3 Re-Employment Eligibility List
The Re-employment Eligible List shall consist of the names of employees and former employees having probationary or permanent status that was laid off in that classification. The rank order on such list shall be determined by relative seniority as specified above. Such list shall take precedence over all other eligible lists in making appointments to the classification in which the employee worked.

Employees who did not complete their probationary period prior to being laid off; if re-employed must complete their probationary period. The employee may petition to the Police Chief for early release from this probationary period.

The name of any person laid off shall continue on the appropriate Re-employment Eligible List for a period of one (1) year after it is placed thereon. The names of any eligible employees on a Reemployment Eligible List shall be automatically removed from said list at the expiration of the appropriate period of eligibility.

SRPA MOU 2024-2027 41
SAN RAFAEL POLICE ASSOCIATION: CITY OF SAN RAFAEL:

Peter Hoffmann
Lead Negotiator
Tim Davis, Lead Negotiator
Burke Williams & Sorensen
Michael Mathis
SRPA President
Nicholas Biss
Principal HR Analyst
Lynn Murphy
SRPA Representative
Blake Delzell
SRPA Representative
Date Date
Grade* Position A B C D E F
Annually $ 72,650 $ 76,283 $ 80,097 $ 84,102 $ 88,307
Monthly $ 6,054 $ 6,357 $ 6,675 $ 7,008 $ 7,359
Hourly $ 34.9279 $ 36.6743 $ 38.5081 $ 40.4335 $ 42.4551 Annually $ 98,265 $ 103,178 $ 108,337 $ 113,754 $ 119,442 Monthly $ 8,189 $ 8,598 $ 9,028 $ 9,480 $ 9,953
Hourly $ 47.2429 $ 49.6050 $ 52.0853 $ 54.6895 $ 57.4240 Annually $ 74,422 $ 78,143 $ 82,050 $ 86,153 $ 90,460
Monthly $ 6,202 $ 6,512 $ 6,838 $ 7,179 $ 7,538
Hourly $ 35.7797 $ 37.5687 $ 39.4471 $ 41.4195 $ 43.4905 Annually $ 70,607 $ 74,137 $ 77,844 $ 81,736 $ 85,823
Monthly $ 5,884 $ 6,178 $ 6,487 $ 6,811 $ 7,152
Hourly $ 33.9456 $ 35.6428 $ 37.4250 $ 39.2962 $ 41.2610 Annually $ 106,299 $ 111,613 $ 117,194 $ 123,054 $ 129,207 $ 135,667 Monthly $ 8,858 $ 9,301 $ 9,766 $ 10,254 $ 10,767 $ 11,306 Hourly $ 51.1051 $ 53.6603 $ 56.3433 $ 59.1605 $ 62.1185 $ 65.2244 Annually $ 61,029 $ 64,081 $ 67,285 $ 70,649 $ 74,182
Monthly $ 5,086 $ 5,340 $ 5,607 $ 5,887 $ 6,182
Hourly $ 29.3410 $ 30.8081 $ 32.3485 $ 33.9659 $ 35.6642 Annually $ 77,032 $ 80,884 $ 84,928 $ 89,174 $ 93,633 $ 98,315 Monthly $ 6,419 $ 6,740 $ 7,077 $ 7,431 $ 7,803 $ 8,193 Hourly $ 37.0346 $ 38.8863 $ 40.8307 $ 42.8722 $ 45.0158 $ 47.2666 Annually $ 82,810 $ 86,950 $ 91,298 $ 95,863 $ 100,656 $ 105,689 Monthly $ 6,901 $ 7,246 $ 7,608 $ 7,989 $ 8,388 $ 8,807 Hourly $ 39.8125 $ 41.8031 $ 43.8933 $ 46.0879 $ 48.3923 $ 50.8120 Annually N/A N/A $ 123,593 $ 129,772 $ 136,261 $ 143,074 Monthly N/A N/A $ 10,299 $ 10,814 $ 11,355 $ 11,923
Hourly N/A N/A $ 59.4196 $ 62.3906 $ 65.5101 $ 68.7856
Annually $ 76,298 $ 80,113 $ 84,119 $ 88,325 $ 92,741
Monthly $ 6,358 $ 6,676 $ 7,010 $ 7,360 $ 7,728
Hourly $ 36.6819 $ 38.5160 $ 40.4418 $ 42.4639 $ 44.5871 Annually $ 106,776 $ 112,114 $ 117,720 $ 123,606 $ 129,786 $ 136,276 Monthly $ 8,898 $ 9,343 $ 9,810 $ 10,301 $ 10,816 $ 11,356 Hourly $ 51.3344 $ 53.9012 $ 56.5962 $ 59.4260 $ 62.3973 $ 65.5172 Annually $ 88,782 $ 93,221 $ 97,882 $ 102,776 $ 107,915 Monthly $ 7,398 $ 7,768 $ 8,157 $ 8,565 $ 8,993
Hourly $ 42.6835 $ 44.8177 $ 47.0585 $ 49.4115 $ 51.8820 Annually $ 77,032 $ 80,884 $ 84,928 $ 89,174 $ 93,633 $ 98,315 Monthly $ 6,419 $ 6,740 $ 7,077 $ 7,431 $ 7,803 $ 8,193 Hourly $ 37.0346 $ 38.8863 $ 40.8307 $ 42.8722 $ 45.0158 $ 47.2666 Annually $ 72,148 $ 75,756 $ 79,544 $ 83,521 $ 87,697 $ 92,082 Monthly $ 6,012 $ 6,313 $ 6,629 $ 6,960 $ 7,308 $ 7,673 Hourly $ 34.6867 $ 36.4210 $ 38.2421 $ 40.1542 $ 42.1619 $ 44.2700 Annually N/A N/A $ 144,015 $ 151,216 $ 158,777 $ 166,715 Monthly N/A N/A $ 12,001 $ 12,601 $ 13,231 $ 13,893
Hourly N/A N/A $ 69.2380 $ 72.6999 $ 76.3349 $ 80.1516
Annually $ 109,063 $ 114,516 $ 120,242 $ 126,254 $ 132,566 Monthly $ 9,089 $ 9,543 $ 10,020 $ 10,521 $ 11,047
Hourly $ 52.4339 $ 55.0556 $ 57.8084 $ 60.6988 $ 63.7338 *Entry Level Pay Grade is 1XXXX (e.g., Entry Level Police Officer grade code is 16107) *see Exhibit C side letter as part of the MOU for changes made to the police cadet position e cadet position 6220 MENTAL HEALTH LIAISON

SAN RAFAEL POLICE ASSOCIATION

SALARY SCHEDULE
Effective June 1, 2024
6203 COMMUNITY SERVICE OFFICER
6202 POLICE ADMINISTRATIVE TECHNICIAN
2121 POLICE CALL TAKER & RECORDS SPECIALIST
6201 POLICE SUPPORT SERVICES SUPERVISOR
9622 POLICE COMMUNICATIONS DISPATCH TRAINEE
6205 POLICE COMMUNICATIONS DISPATCHER
6215 POLICE LEAD COMMUNICATIONS DISPATCHER
6106 POLICE CORPORAL
6206 POLICE EVIDENCE & PROPERTY TECHNICIAN
6107 POLICE OFFICER
6109 POLICE RECRUIT
6111 POLICE REGULATORY OFFICER
4524 POLICE SECURITY OFFICER
6104 POLICE SERGEANT
9525 YOUTH SERVICES PROGRAM SUPERVISOR
Grade* Position A B C D E F
Annually $ 75,266 $ 79,029 $ 82,980 $ 87,129 $ 91,486
Monthly $ 6,272 $ 6,586 $ 6,915 $ 7,261 $ 7,624
Hourly $ 36.1853 $ 37.9946 $ 39.8943 $ 41.8891 $ 43.9835 Annually $ 102,687 $ 107,821 $ 113,213 $ 118,873 $ 124,817 Monthly $ 8,557 $ 8,985 $ 9,434 $ 9,906 $ 10,401
Hourly $ 49.3688 $ 51.8372 $ 54.4291 $ 57.1506 $ 60.0081 Annually $ 77,101 $ 80,956 $ 85,004 $ 89,254 $ 93,717
Monthly $ 6,425 $ 6,746 $ 7,084 $ 7,438 $ 7,810
Hourly $ 37.0678 $ 38.9212 $ 40.8672 $ 42.9106 $ 45.0561 Annually $ 73,784 $ 77,473 $ 81,347 $ 85,414 $ 89,685
Monthly $ 6,149 $ 6,456 $ 6,779 $ 7,118 $ 7,474
Hourly $ 35.4731 $ 37.2468 $ 39.1091 $ 41.0646 $ 43.1178 Annually $ 111,082 $ 116,636 $ 122,468 $ 128,591 $ 135,021 $ 141,772 Monthly $ 9,257 $ 9,720 $ 10,206 $ 10,716 $ 11,252 $ 11,814 Hourly $ 53.4048 $ 56.0750 $ 58.8788 $ 61.8227 $ 64.9138 $ 68.1595 Annually $ 63,226 $ 66,388 $ 69,707 $ 73,192 $ 76,852
Monthly $ 5,269 $ 5,532 $ 5,809 $ 6,099 $ 6,404
Hourly $ 30.3973 $ 31.9172 $ 33.5130 $ 35.1887 $ 36.9481 Annually $ 80,498 $ 84,523 $ 88,750 $ 93,187 $ 97,846 $ 102,739 Monthly $ 6,708 $ 7,044 $ 7,396 $ 7,766 $ 8,154 $ 8,562 Hourly $ 38.7012 $ 40.6362 $ 42.6680 $ 44.8014 $ 47.0415 $ 49.3936 Annually $ 86,536 $ 90,863 $ 95,406 $ 100,177 $ 105,186 $ 110,445 Monthly $ 7,211 $ 7,572 $ 7,951 $ 8,348 $ 8,765 $ 9,204 Hourly $ 41.6041 $ 43.6843 $ 45.8685 $ 48.1619 $ 50.5700 $ 53.0985 Annually N/A N/A $ 129,154 $ 135,612 $ 142,393 $ 149,512 Monthly N/A N/A $ 10,763 $ 11,301 $ 11,866 $ 12,459
Hourly N/A N/A $ 62.0935 $ 65.1982 $ 68.4581 $ 71.8810
Annually $ 79,045 $ 82,997 $ 87,147 $ 91,505 $ 96,080
Monthly $ 6,587 $ 6,916 $ 7,262 $ 7,625 $ 8,007
Hourly $ 38.0025 $ 39.9026 $ 41.8977 $ 43.9926 $ 46.1922 Annually $ 111,581 $ 117,160 $ 123,018 $ 129,168 $ 135,627 $ 142,408 Monthly $ 9,298 $ 9,763 $ 10,251 $ 10,764 $ 11,302 $ 11,867 Hourly $ 53.6445 $ 56.3267 $ 59.1430 $ 62.1002 $ 65.2052 $ 68.4655 Annually $ 91,978 $ 96,577 $ 101,405 $ 106,476 $ 111,800 Monthly $ 7,665 $ 8,048 $ 8,450 $ 8,873 $ 9,317
Hourly $ 44.2201 $ 46.4311 $ 48.7526 $ 51.1903 $ 53.7498 Annually $ 80,498 $ 84,523 $ 88,750 $ 93,187 $ 97,846 $ 102,739 Monthly $ 6,708 $ 7,044 $ 7,396 $ 7,766 $ 8,154 $ 8,562 Hourly $ 38.7012 $ 40.6362 $ 42.6680 $ 44.8014 $ 47.0415 $ 49.3936 Annually $ 75,395 $ 79,165 $ 83,123 $ 87,279 $ 91,643 $ 96,225 Monthly $ 6,283 $ 6,597 $ 6,927 $ 7,273 $ 7,637 $ 8,019 Hourly $ 36.2476 $ 38.0600 $ 39.9630 $ 41.9611 $ 44.0592 $ 46.2622 Annually N/A N/A $ 150,496 $ 158,020 $ 165,922 $ 174,218 Monthly N/A N/A $ 12,541 $ 13,168 $ 13,827 $ 14,518
Hourly N/A N/A $ 72.3537 $ 75.9714 $ 79.7700 $ 83.7585
Annually $ 112,989 $ 118,638 $ 124,570 $ 130,799 $ 137,339 Monthly $ 9,416 $ 9,887 $ 10,381 $ 10,900 $ 11,445
Hourly $ 54.3216 $ 57.0376 $ 59.8895 $ 62.8840 $ 66.0282 *Entry Level Pay Grade is 1XXXX (e.g., Entry Level Police Officer grade code is 16107) *see Exhibit C side letter as part of the MOU for changes made to the police cadet position e cadet position 6220 MENTAL HEALTH LIAISON

SAN RAFAEL POLICE ASSOCIATION

SALARY SCHEDULE
Effective July 1, 2025
6203 COMMUNITY SERVICE OFFICER
6202 POLICE ADMINISTRATIVE TECHNICIAN
2121 POLICE CALL TAKER & RECORDS SPECIALIST
6201 POLICE SUPPORT SERVICES SUPERVISOR
9622 POLICE COMMUNICATIONS DISPATCH TRAINEE
6205 POLICE COMMUNICATIONS DISPATCHER
6215 POLICE LEAD COMMUNICATIONS DISPATCHER
6106 POLICE CORPORAL
6206 POLICE EVIDENCE & PROPERTY TECHNICIAN
6107 POLICE OFFICER
6109 POLICE RECRUIT
6111 POLICE REGULATORY OFFICER
4524 POLICE SECURITY OFFICER
6104 POLICE SERGEANT
9525 YOUTH SERVICES PROGRAM SUPERVISOR
Grade* Position A B C D E F
Annually $ 77,975 $ 81,874 $ 85,968 $ 90,266 $ 94,779
Monthly $ 6,498 $ 6,823 $ 7,164 $ 7,522 $ 7,898
Hourly $ 37.4880 $ 39.3624 $ 41.3305 $ 43.3971 $ 45.5669 Annually $ 107,308 $ 112,673 $ 118,307 $ 124,222 $ 130,434 Monthly $ 8,942 $ 9,389 $ 9,859 $ 10,352 $ 10,869
Hourly $ 51.5904 $ 54.1699 $ 56.8784 $ 59.7223 $ 62.7085 Annually $ 79,877 $ 83,870 $ 88,064 $ 92,467 $ 97,091
Monthly $ 6,656 $ 6,989 $ 7,339 $ 7,706 $ 8,091
Hourly $ 38.4022 $ 40.3223 $ 42.3384 $ 44.4554 $ 46.6781 Annually $ 77,104 $ 80,960 $ 85,008 $ 89,258 $ 93,721
Monthly $ 6,425 $ 6,747 $ 7,084 $ 7,438 $ 7,810
Hourly $ 37.0694 $ 38.9229 $ 40.8690 $ 42.9125 $ 45.0581 Annually $ 116,081 $ 121,885 $ 127,979 $ 134,378 $ 141,097 $ 148,152 Monthly $ 9,673 $ 10,157 $ 10,665 $ 11,198 $ 11,758 $ 12,346 Hourly $ 55.8080 $ 58.5984 $ 61.5283 $ 64.6047 $ 67.8350 $ 71.2267 Annually $ 65,503 $ 68,778 $ 72,217 $ 75,827 $ 79,619
Monthly $ 5,459 $ 5,731 $ 6,018 $ 6,319 $ 6,635
Hourly $ 31.4916 $ 33.0662 $ 34.7195 $ 36.4555 $ 38.2783 Annually $ 84,121 $ 88,327 $ 92,743 $ 97,380 $ 102,249 $ 107,362 Monthly $ 7,010 $ 7,361 $ 7,729 $ 8,115 $ 8,521 $ 8,947 Hourly $ 40.4427 $ 42.4649 $ 44.5881 $ 46.8175 $ 49.1584 $ 51.6163 Annually $ 90,431 $ 94,952 $ 99,700 $ 104,685 $ 109,919 $ 115,415 Monthly $ 7,536 $ 7,913 $ 8,308 $ 8,724 $ 9,160 $ 9,618 Hourly $ 43.4762 $ 45.6500 $ 47.9326 $ 50.3292 $ 52.8456 $ 55.4879 Annually N/A N/A $ 134,966 $ 141,715 $ 148,800 $ 156,241 Monthly N/A N/A $ 11,247 $ 11,810 $ 12,400 $ 13,020
Hourly N/A N/A $ 64.8877 $ 68.1321 $ 71.5387 $ 75.1156
Annually $ 81,891 $ 85,985 $ 90,285 $ 94,799 $ 99,539
Monthly $ 6,824 $ 7,165 $ 7,524 $ 7,900 $ 8,295
Hourly $ 39.3705 $ 41.3391 $ 43.4060 $ 45.5763 $ 47.8551 Annually $ 116,602 $ 122,432 $ 128,553 $ 134,981 $ 141,730 $ 148,817 Monthly $ 9,717 $ 10,203 $ 10,713 $ 11,248 $ 11,811 $ 12,401 Hourly $ 56.0585 $ 58.8614 $ 61.8045 $ 64.8947 $ 68.1394 $ 71.5464 Annually $ 95,289 $ 100,053 $ 105,056 $ 110,309 $ 115,824 Monthly $ 7,941 $ 8,338 $ 8,755 $ 9,192 $ 9,652
Hourly $ 45.8120 $ 48.1026 $ 50.5077 $ 53.0331 $ 55.6848 Annually $ 84,121 $ 88,327 $ 92,743 $ 97,380 $ 102,249 $ 107,362 Monthly $ 7,010 $ 7,361 $ 7,729 $ 8,115 $ 8,521 $ 8,947 Hourly $ 40.4427 $ 42.4649 $ 44.5881 $ 46.8175 $ 49.1584 $ 51.6163 Annually $ 78,788 $ 82,727 $ 86,864 $ 91,207 $ 95,767 $ 100,555 Monthly $ 6,566 $ 6,894 $ 7,239 $ 7,601 $ 7,981 $ 8,380 Hourly $ 37.8788 $ 39.7727 $ 41.7613 $ 43.8494 $ 46.0419 $ 48.3440 Annually N/A N/A $ 157,268 $ 165,131 $ 173,388 $ 182,057 Monthly N/A N/A $ 13,106 $ 13,761 $ 14,449 $ 15,171
Hourly N/A N/A $ 75.6096 $ 79.3901 $ 83.3596 $ 87.5276
Annually $ 117,056 $ 122,909 $ 129,055 $ 135,507 $ 142,283 Monthly $ 9,755 $ 10,242 $ 10,755 $ 11,292 $ 11,857
Hourly $ 56.2771 $ 59.0910 $ 62.0455 $ 65.1478 $ 68.4052 *Entry Level Pay Grade is 1XXXX (e.g., Entry Level Police Officer grade code is 16107) *see Exhibit C side letter as part of the MOU for changes made to the police cadet position e cadet position 6220 MENTAL HEALTH LIAISON

SAN RAFAEL POLICE ASSOCIATION

SALARY SCHEDULE
Effective July 1, 2026
6203 COMMUNITY SERVICE OFFICER
6202 POLICE ADMINISTRATIVE TECHNICIAN
2121 POLICE CALL TAKER & RECORDS SPECIALIST
6201 POLICE SUPPORT SERVICES SUPERVISOR
9622 POLICE COMMUNICATIONS DISPATCH TRAINEE
6205 POLICE COMMUNICATIONS DISPATCHER
6215 POLICE LEAD COMMUNICATIONS DISPATCHER
6106 POLICE CORPORAL
6206 POLICE EVIDENCE & PROPERTY TECHNICIAN
6107 POLICE OFFICER
6109 POLICE RECRUIT
6111 POLICE REGULATORY OFFICER
4524 POLICE SECURITY OFFICER
6104 POLICE SERGEANT
9525 YOUTH SERVICES PROGRAM SUPERVISOR
Exhibit B

SIDE LETTER BETWEEN THE CITY OF SAN RAFAEL AND THE

SAN RAFAEL POLICE ASSOCIATION REGARDING CANINE HANDLER PROGRAM Compensation
In accordance with the Fair Labor Standards Act (FLSA), the City and the Association agree that the average amount of time required for the proper care of feeding, grooming, cleaning, cleaning, and kenneling, a police canine is one half (1/2) hour per day for every day the officer has the responsibility for the dog.

All canine handlers who have an active canine will report for their regularly scheduled shift one hour later than scheduled. For example, if the canine handler is scheduled to work from 1600 to 0200 hours, the canine handler will be required to be at work and on duty at 1700 hours. This will allow the canine handlers to accrue one hour per day, four days a week, for a total of four hours a week. This is thirty minutes more than required by FLSA and will be used to compensate the canine handlers for additional canine maintenance activities as assigned by their supervisor.

Work Shifts
Officers assigned as canine handlers will work a 4-10 shift. If there are two canine handlers each will be assigned to hours (generally swing shift) that provide maximum seven day coverage. Canine handlers will rotate between shifts every four months.

Canine handlers shall receive a five percent (5%) incentive pay added to their base wage so long as they are assigned to the canine program and are responsible for their canine. Newly assigned canine handlers will be required to resign from collateral assignments as Field Training Officers (FTO) and/or SWAT.

After one ( 1) year as a canine handler, the canine handler will be allowed to apply for collateral assignments as they open, excluding Field Training Officer. Reinstatement to SWAT after one year will be based on the officer's ability to pass the physical agility test, the recommendation of the SWAT lieutenant, and the recommendation of the canine program lieutenant.

Canine Food and Care
The City shall provide canine food, reasonable veterinary care, ordinary equipment, and any other essential items associated with the care and maintenance of any police canine that has not been permanently retired.

Retirement
The Chief of Police shall have the sole authority to deem a canine permanently retired and may factor in past, present, and future veterinary costs in making the decision on whether to permanently retire the canine.

Canine Purchase
In the event the City owned canine is permanently retired, the most recent canine handler shall have the option to purchase the canine from the City for one dollar ($1 ). The purchase of the canine shall include an indemnification and hold harmless agreement signed by the purchasing officer releasing the City from all liability, including future veterinary care, maintenance, and other costs, relating to the canine.

Exhibit B
Removal from Program
The City may remove an employee from the canine program without providing a hearing or other due process unless the removal is for disciplinary reasons. An employee removed from the canine program under any circumstances shall no longer receive canine incentive pay. An employee removed from the program for disciplinary reasons will have appeal rights under the Public Safety Officers Procedural Bill of Rights and the MOU. Except for this specific appeal right, the parties agree that discretion for this assignment remains with the City.

City Vehicles
Canine Officers will transport their assigned police service dogs in a City of San Rafael canine vehicle during their work shifts. Canine Officers will use these vehicles normally for patrol duties. Canine Officers may only use a take-home vehicle, if any, for transportation to and from an assigned work shift or other authorized activities.

San Rafael Police Association: City of San Rafael:

Carl Huber, Police Corporal
~ Anil
~ Cornela, Human Resources Director

MEMORANDUM OF UNDERSTANDING
between

CITY OF SAN RAFAEL
and

SAN RAFAEL POLICE ASSOCIATION
JULY JUNE 1, 2021 2024 - JUNE 30, 20242027
SRPA MOU 20212024-20274 i

TABLE OF CONTENTS
1 GENERAL PROVISIONS ......................................................................................................................1

1.1. INTRODUCTION ...........................................................................................................................................1

1.1.1. Scope of Agreement...........................................................................................................................1

1.1.2. Term of MOU .......................................................................................................................................1

1.2. RECOGNITION.............................................................................................................................................1

1.2.1. Bargaining Unit....................................................................................................................................1

1.3. NON-DISCRIMINATION................................................................................................................................1

1.3.1. In General.............................................................................................................................................1

1.3.2. Bargaining Unit Discrimination..........................................................................................................2

1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING...............................................................................2

1.5. EXISTING LAWS, REGULATIONS & POLICIES ............................................................................................2

1.6. STRIKES & LOCKOUTS...............................................................................................................................2

1.7. SEVERABILITY ............................................................................................................................................2

1.8. PREVAILING RIGHTS...................................................................................................................................2

1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER.....................................................................................2

1.9.1. Understanding .....................................................................................................................................2

1.9.2. Waiver & Modification.........................................................................................................................2 2 MMBA...........................................................................................................................................................3

2.1. BARGAINING UNIT RIGHTS.........................................................................................................................3

2.1.1. Bargaining Unit Stewards Designation ............................................................................................3

2.1.2. Release Time.......................................................................................................................................3

2.1.3. Association Orientation of New Employees ....................................................................................3

2.1.4. Employee Information.........................................................................................................................3

2.2. DUES DEDUCTION ......................................................................................................................................3

2.2.1. Collection of Dues...............................................................................................................................3

2.2.2. Dues Collection during Separation from Employment...................................................................3

2.3. MANAGEMENT RIGHTS...............................................................................................................................3

2.4. COMMENCEMENT OF NEGOTIATIONS.........................................................................................................4 3 COMPENSATION ....................................................................................................................................5

3.1. GENERAL WAGES AND COMPENSATION ...................................................................................................5

3.1.1. Pay Dates.............................................................................................................................................5

3.1.2. General Wage Increases ...................................................................................................................5

3.1.3. Definitions.............................................................................................................................................7

3.1.4. Compensation Plan ............................................................................................................................7

3.1.5. Fair Labor Standards Act...................................................................................................................7

3.2. STEP INCREASES .......................................................................................................................................7

3.2.1. Entry Level Step..................................................................................................................................7

3.2.2. Consideration for Step Increases .....................................................................................................7

3.2.3. Merit Increases....................................................................................................................................8

3.3. ADDITIONAL PAY........................................................................................................................................8

3.3.1. Shift Differential Pay ...........................................................................................................................8

3.3.2. Court Pay .............................................................................................................................................8

3.3.3. Call Back Pay ......................................................................................................................................9

3.3.4. Educational Expense Reimbursement.............................................................................................9

3.3.5. Certificate Incentive ............................................................................................................................9

3.3.6. Bilingual Pay ......................................................................................................................................10

3.3.7. Uniform Allowance............................................................................................................................10

3.3.8. Special Weapons and Tactics (SWAT) Team ..............................................................................11

3.3.9. Hostage Negotiations Team (HNT)................................................................................................11

3.3.10. Field Training Officer (FTO).............................................................................................................11

3.3.11. Motor Officer Pay ..............................................................................................................................11

3.3.12. Major Accident Investigation Team ................................................................................................11

3.3.13. Crime Scene Investigator (CSI) ......................................................................................................12

3.3.14. Self-Defense and Tactics (SDAT) & Firearms Instructor Pay ....................................................12

3.3.15. Detective Pay.....................................................................................................................................12

3.3.16. Out of Class Pay ...............................................................................................................................12 SRPA MOU 20212024-20274 ii

3.3.17. Canine Handler Pay..........................................................................................................................12

3.3.18. Hiring Incentives for Lateral Police Officers ..................................................................................12

3.3.19. Longevity ............................................................................................................................................13

4.1 EMPLOYEE BENEFITS COMMITTEE ..........................................................................................................14

4.2 HEALTH & WELFARE ...............................................................................................................................14

4.2.1 Full Flex Cafeteria Plan.........................................................................................................................14

4.2.2 Retirees Health Insurance....................................................................................................................15

4.2.3 Health and Dependent Care Spending Accounts .............................................................................16

4.3 PERS HEALTH INSURANCE BENEFITS....................................................................................................16

4.4 DENTAL PLAN ..........................................................................................................................................16

4.5 VISION PLAN.............................................................................................................................................16

4.6 LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT...........................................................17

4.7 LONG TERM DISABILITY POLICY..............................................................................................................17

4.8 RETIREMENT.............................................................................................................................................17

4.8.1 Retirement Contribution........................................................................................................................17

4.8.2 Retirement Plans ...................................................................................................................................17

4.8.3 Member Cost of Living Rates...............................................................................................................18

4.8.4 Pension Costs ........................................................................................................................................18 5 LEAVES .....................................................................................................................................................18

5.1 SICK LEAVE..............................................................................................................................................18

5.1.1 Eligibility ..................................................................................................................................................18

5.1.2 Sick Leave Accrual ................................................................................................................................18

5.1.3 Use of Sick Leave..................................................................................................................................18

5.1.4 Advance of Sick Leave..........................................................................................................................19

5.1.5 Service Credit for Sick Leave...............................................................................................................19

5.1.6 Compensation for Unused Portion ......................................................................................................19

5.2 VACATION LEAVE.....................................................................................................................................19

5.2.1 Eligibility ..................................................................................................................................................19

5.2.2 Rate of Accrual.......................................................................................................................................19

5.2.3 Administration of Vacation Leave........................................................................................................19

5.2.4 Vacation Sign-up....................................................................................................................................20

5.2.5 Vacation Cap..........................................................................................................................................20

5.2.6 Vacation Cash-In ...................................................................................................................................20

5.3 HOLIDAYS.................................................................................................................................................21

5.4 OTHER LEAVE ..........................................................................................................................................21

5.4.1 Bereavement Leave ..............................................................................................................................21

5.4.2 Jury Duty .................................................................................................................................................21

5.4.3 Military Leave .........................................................................................................................................21

5.4.4 Leave of Absence Without Pay............................................................................................................21

5.4.5 Industrial Injury Leave...........................................................................................................................22

5.4.6 Medical Leave of Absence ...................................................................................................................22

5.4.7 Absence without Authorized Leave.....................................................................................................23

5.4.8 Catastrophic Leave................................................................................................................................23

5.4.9 Paid Parental Leave ..............................................................................................................................23

5.4.10 Paid Parental Leave .........................................................................................................................25 6 TERMS & CONDITIONS OF EMPLOYMENT.............................................................................26

6.1 HOURS OF WORK/FLSA WORK PERIOD ................................................................................................26

6.1.1 Alternate Work Schedules....................................................................................................................26

6.1.2 Shift Rotation..........................................................................................................................................27

6.1.3 Patrol Briefing.........................................................................................................................................28

6.1.4 Employee Break and Meal Periods.....................................................................................................28

6.2 OVERTIME.................................................................................................................................................28

6.2.1 Overtime..................................................................................................................................................28

6.2.2 Requests for Compensatory Time Off ................................................................................................29

6.3 SHIFT CHANGES.......................................................................................................................................29

6.4 PROBATIONARY PERIOD ..........................................................................................................................30

6.4.1 Purpose of Probation.............................................................................................................................30

6.4.2 Length of Probationary Period .............................................................................................................30 SRPA MOU 20212024-20274 iii

6.4.3 Rejection During Probation ..................................................................................................................30

6.4.4 Extension of Probationary Period........................................................................................................30

6.4.5 Notification of Rejection or Extension................................................................................................. 30

6.4.6 Regular Status........................................................................................................................................30

6.4.7 Promotion of Probationary Employee................................................................................................. 30

6.4.8 Unsuccessful Passage of Promotional Probation.............................................................................30

6.5 PERSONNEL RULES & REGULATIONS .....................................................................................................31

6.5.1 Employer-Employee Resolution ..........................................................................................................31

6.5.2 Drug and Alcohol Policy........................................................................................................................31

6.5.3 Outside Employment Policy .................................................................................................................31

6.5.4 Harassment Policy................................................................................................................................. 32

6.5.5 Wireless Communication Policy ..........................................................................................................32

6.5.6 Medical Standards ................................................................................................................................. 32

6.5.7 Temporary Light Duty Policy Statement.............................................................................................32

6.5.8 Reinstatement ........................................................................................................................................33

6.6 MISCELLANEOUS......................................................................................................................................33

6.6.1 Gratuities / Solicitation of Contributions..............................................................................................33

6.6.2 Return of City Equipment......................................................................................................................33

6.6.3 Political Activity.......................................................................................................................................33

6.6.4 Employment of Relatives......................................................................................................................33

6.6.5 Labor / Management Advisory Meetings............................................................................................34

6.6.6 Gym Membership Reimbursement .....................................................................................................34

6.6.7 Public Safety Center Fitness Program................................................................................................34 7 PROCEDURES ........................................................................................................................................37

7.1 DEMOTION & SUSPENSION ......................................................................................................................37

7.1.1 Demotion.................................................................................................................................................37

7.1.2 Suspension .............................................................................................................................................37

7.2 TERMINATION OF EMPLOYMENT ..............................................................................................................37

7.2.1 Resignation.............................................................................................................................................37

7.2.2 Termination - Layoff...............................................................................................................................37

7.2.3 Termination - Disciplinary Action.........................................................................................................37

7.2.4 Retirement ..............................................................................................................................................38

7.3 DISCIPLINARY ACTION .............................................................................................................................38

7.3.1 Right to Discipline & Discharge ...........................................................................................................38

7.3.2 Appeals....................................................................................................................................................39

7.3.3 City Manager and Arbitration ...............................................................................................................39

7.4 GRIEVANCE PROCEDURE.........................................................................................................................39

7.4.1 Definition .................................................................................................................................................39

7.4.2 Initial Discussions ..................................................................................................................................39

7.4.3 Referral to the City Manager................................................................................................................39

7.4.4 City Manager and Arbitration ...............................................................................................................39

7.4.5 No Abridgement of Other Rights of Appeal........................................................................................40

7.4.6 Pay Claims..............................................................................................................................................40

7.4.7 Matters Excluded from the Grievance Procedure of the Memorandum of Understanding.........40

7.5 POSITION RECLASSIFICATION..................................................................................................................40

7.6 REDUCTION IN FORCE..............................................................................................................................40

7.6.1 Notice.......................................................................................................................................................40

7.6.2 Order of Layoff .......................................................................................................................................40

7.6.3 Re-Employment Eligibility List..............................................................................................................41 1 GENERAL PROVISIONS ...................................................................................................................... 1

1.1. INTRODUCTION ........................................................................................................................................... 1

1.1.1. Scope of Agreement........................................................................................................................... 1

1.1.2. Term of MOU ....................................................................................................................................... 1

1.2. RECOGNITION............................................................................................................................................. 1

1.2.1. Bargaining Unit.................................................................................................................................... 1

1.3. NON-DISCRIMINATION................................................................................................................................ 1

1.3.1. In General............................................................................................................................................. 1

1.3.2. Bargaining Unit Discrimination.......................................................................................................... 2 SRPA MOU 20212024-20274 iv

1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING............................................................................... 2

1.5. EXISTING LAWS, REGULATIONS & POLICIES ............................................................................................ 2

1.6. STRIKES & LOCKOUTS............................................................................................................................... 2

1.7. SEVERABILITY ............................................................................................................................................ 2

1.8. PREVAILING RIGHTS................................................................................................................................... 2

1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER..................................................................................... 2

1.9.1. Understanding ..................................................................................................................................... 2

1.9.2. Waiver & Modification......................................................................................................................... 2 2 MMBA........................................................................................................................................................... 3

2.1. BARGAINING UNIT RIGHTS......................................................................................................................... 3

2.1.1. Bargaining Unit Stewards Designation ............................................................................................ 3

2.1.2. Release Time....................................................................................................................................... 3

2.1.3. Association Orientation of New Employees .................................................................................... 3

2.1.4. Employee Information......................................................................................................................... 3

2.2. DUES DEDUCTION ...................................................................................................................................... 3

2.2.1. Collection of Dues............................................................................................................................... 3

2.2.2. Dues Collection during Separation from Employment................................................................... 3

2.3. MANAGEMENT RIGHTS............................................................................................................................... 3

2.4. COMMENCEMENT OF NEGOTIATIONS......................................................................................................... 4 3 COMPENSATION .................................................................................................................................... 5

3.1. GENERAL WAGES AND COMPENSATION ................................................................................................... 5

3.1.1. Pay Dates............................................................................................................................................. 5

3.1.2. General Wage Increases ................................................................................................................... 5

3.1.3. Definitions............................................................................................................................................. 5

3.1.4. Compensation Plan ............................................................................................................................ 6

3.1.5. Fair Labor Standards Act................................................................................................................... 6

3.2. STEP INCREASES ....................................................................................................................................... 6

3.2.1. Entry Level Step.................................................................................................................................. 6

3.2.2. Consideration for Step Increases ..................................................................................................... 6

3.2.3. Merit Increases.................................................................................................................................... 6

3.3. ADDITIONAL PAY........................................................................................................................................ 6

3.3.1. Shift Differential Pay ........................................................................................................................... 6

3.3.2. Court Pay ............................................................................................................................................. 7

3.3.3. Call Back Pay ...................................................................................................................................... 7

3.3.4. Educational Expense Reimbursement............................................................................................. 7

3.3.5. Certificate Incentive ............................................................................................................................ 8

3.3.6. Bilingual Pay ........................................................................................................................................ 8

3.3.7. Uniform Allowance.............................................................................................................................. 9

3.3.8. Special Weapons and Tactics (SWAT) Team ................................................................................ 9

3.3.9. Hostage Negotiations Team (HNT).................................................................................................. 9

3.3.10. Field Training Officer (FTO)............................................................................................................... 9

3.3.11. Motor Officer Pay ..............................................................................................................................10

3.3.12. Major Accident Investigation Team ................................................................................................10

3.3.13. Crime Scene Investigator (CSI) ......................................................................................................10

3.3.14. Self-Defense and Tactics (SDAT) & Firearms Instructor Pay ....................................................10

3.3.15. Detective Pay.....................................................................................................................................10

3.3.16. Out of Class Pay ...............................................................................................................................10

3.3.17. Canine Handler Pay..........................................................................................................................10

4.1 EMPLOYEE BENEFITS COMMITTEE ..........................................................................................................11

4.2 HEALTH & WELFARE ...............................................................................................................................11

4.2.1 Full Flex Cafeteria Plan.........................................................................................................................11

4.2.2 Retirees Health Insurance....................................................................................................................12

4.2.3 Health and Dependent Care Spending Accounts .............................................................................12

4.3 PERS HEALTH INSURANCE BENEFITS....................................................................................................13

4.4 DENTAL PLAN ..........................................................................................................................................13

4.5 VISION PLAN.............................................................................................................................................13

4.6 LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT...........................................................13

4.7 LONG TERM DISABILITY POLICY..............................................................................................................13 SRPA MOU 20212024-20274 v

4.8 RETIREMENT.............................................................................................................................................13

4.8.1 Retirement Contribution........................................................................................................................13

4.8.2 Retirement Plans ...................................................................................................................................14

4.8.3 Member Cost of Living Rates...............................................................................................................14

4.8.4 Pension Costs ........................................................................................................................................14 5 LEAVES .....................................................................................................................................................14

5.1 SICK LEAVE..............................................................................................................................................14

5.1.1 Eligibility ..................................................................................................................................................14

5.1.2 Sick Leave Accrual ................................................................................................................................15

5.1.3 Use of Sick Leave..................................................................................................................................15

5.1.4 Advance of Sick Leave..........................................................................................................................15

5.1.5 Service Credit for Sick Leave...............................................................................................................15

5.1.6 Compensation for Unused Portion ......................................................................................................15

5.2 VACATION LEAVE.....................................................................................................................................15

5.2.1 Eligibility ..................................................................................................................................................15

5.2.2 Rate of Accrual.......................................................................................................................................16

5.2.3 Administration of Vacation Leave........................................................................................................16

5.2.4 Vacation Sign-up....................................................................................................................................16

5.2.5 Vacation Cap..........................................................................................................................................17

5.2.6 Vacation Cash-In ...................................................................................................................................17

5.3 HOLIDAYS.................................................................................................................................................17

5.4 OTHER LEAVE ..........................................................................................................................................17

5.4.1 Bereavement Leave ..............................................................................................................................17

5.4.2 Jury Duty .................................................................................................................................................17

5.4.3 Military Leave .........................................................................................................................................18

5.4.4 Leave of Absence Without Pay............................................................................................................18

5.4.5 Industrial Injury Leave...........................................................................................................................18

5.4.6 Medical Leave of Absence ...................................................................................................................19

5.4.7 Absence without Authorized Leave.....................................................................................................19

5.4.8 Catastrophic Leave................................................................................................................................19 6 TERMS & CONDITIONS OF EMPLOYMENT.............................................................................19

6.1 HOURS OF WORK/FLSA WORK PERIOD ................................................................................................19

6.1.1 Alternate Work Weeks ..........................................................................................................................19

6.1.2 Shift Rotation..........................................................................................................................................21

6.1.3 Patrol Briefing.........................................................................................................................................21

6.1.4 Employee Break and Meal Periods.....................................................................................................21

6.2 OVERTIME.................................................................................................................................................22

6.2.1 Overtime..................................................................................................................................................22

6.2.2 Requests for Compensatory Time Off ................................................................................................22

6.3 SHIFT CHANGES.......................................................................................................................................23

6.4 PROBATIONARY PERIOD ..........................................................................................................................23

6.4.1 Purpose of Probation.............................................................................................................................23

6.4.2 Length of Probationary Period .............................................................................................................23

6.4.3 Rejection During Probation ..................................................................................................................23

6.4.4 Extension of Probationary Period........................................................................................................23

6.4.5 Notification of Rejection or Extension................................................................................................. 24

6.4.6 Regular Status........................................................................................................................................24

6.4.7 Promotion of Probationary Employee................................................................................................. 24

6.4.8 Unsuccessful Passage of Promotional Probation.............................................................................24

6.5 PERSONNEL RULES & REGULATIONS .....................................................................................................24

6.5.1 Employer-Employee Resolution ..........................................................................................................24

6.5.2 Drug and Alcohol Policy........................................................................................................................24

6.5.3 Outside Employment Policy .................................................................................................................25

6.5.4 Harassment Policy................................................................................................................................. 25

6.5.5 Wireless Communication Policy ..........................................................................................................25

6.5.6 Medical Standards ................................................................................................................................. 25

6.5.7 Temporary Light Duty Policy Statement.............................................................................................25

6.5.8 Reinstatement ........................................................................................................................................26 SRPA MOU 20212024-20274 vi

6.6 MISCELLANEOUS......................................................................................................................................27

6.6.1 Gratuities / Solicitation of Contributions..............................................................................................27

6.6.2 Return of City Equipment......................................................................................................................27

6.6.3 Political Activity.......................................................................................................................................27

6.6.4 Employment of Relatives......................................................................................................................27

6.6.5 Labor / Management Advisory Meetings............................................................................................27

6.6.6 Gym Membership Reimbursement .....................................................................................................27

6.6.7 Public Safety Center Fitness Program................................................................................................27 7 PROCEDURES ........................................................................................................................................30

7.1 DEMOTION & SUSPENSION ......................................................................................................................30

7.1.1 Demotion.................................................................................................................................................30

7.1.2 Suspension .............................................................................................................................................30

7.2 TERMINATION OF EMPLOYMENT ..............................................................................................................31

7.2.1 Resignation.............................................................................................................................................31

7.2.2 Termination - Layoff...............................................................................................................................31

7.2.3 Termination - Disciplinary Action.........................................................................................................31

7.2.4 Retirement ..............................................................................................................................................31

7.3 DISCIPLINARY ACTION .............................................................................................................................31

7.3.1 Right to Discipline & Discharge ...........................................................................................................31

7.3.2 Appeals....................................................................................................................................................32

7.3.3 City Manager and Arbitration ...............................................................................................................32

7.4 GRIEVANCE PROCEDURE.........................................................................................................................32

7.4.1 Definition .................................................................................................................................................32

7.4.2 Initial Discussions ..................................................................................................................................32

7.4.3 Referral to the City Manager................................................................................................................32

7.4.4 City Manager and Arbitration ...............................................................................................................33

7.4.5 No Abridgement of Other Rights of Appeal........................................................................................33

7.4.6 Pay Claims..............................................................................................................................................33

7.4.7 Matters Excluded from the Grievance Procedure of the Memorandum of Understanding.........33

7.5 POSITION RECLASSIFICATION..................................................................................................................33

7.6 REDUCTION IN FORCE..............................................................................................................................34

7.6.1 Notice.......................................................................................................................................................34

7.6.2 Order of Layoff .......................................................................................................................................34

7.6.3 Re-Employment Eligibility List..............................................................................................................34

LIST OF EXHIBITS
Exhibit A Salary Schedule for July June 1, 2021 2024 – June 30, 20242027 Exhibit B Canine Program Side Letter
SRPA MOU 20212024-20274 1

MEMORANDUM OF UNDERSTANDING
between

CITY OF SAN RAFAEL
and

SAN RAFAEL POLICE ASSOCIATION
The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representative unit, have freely exchanged information, opinions and proposals, and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July June 1, 2021 2024 and ending June 30, 20242027. 1 GENERAL PROVISIONS

1.1. INTRODUCTION

1.1.1. Scope of Agreement
The salaries, hours, fringe benefits, and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein-after called "CITY") and the San Rafael Police Association (herein-after called "ASSOCIATION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein.

In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the Personnel Ordinance, Rules and Regulations, Administrative Procedures, and regulations and directives of the Police Department.

1.1.2. Term of MOU
This agreement shall be in effect from July June 1, 2021 2024 through June 30, 20242027.

1.2. RECOGNITION

1.2.1. Bargaining Unit
The City hereby recognizes the Association as the bargaining representative for the purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the San Rafael Police Association Bargaining Unit (as referenced in Exhibit A attached).

New classifications developed by the City and determined to be appropriately included in the Bargaining Unit, shall be assigned a wage scale by the City. The City will forward to the Association the new classification and wage scale. The wage scale for the new classification shall then be subject to the meet and confer process.

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 preference, marital status, medical condition or disability.

Any employee who believes they are being discriminated against should refer to the City of San Rafael’s Harassment Policy for the process of receiving an internal administrative review of their complaint. This administrative procedure shall be used as the internal complaint procedure in lieu of SRPA MOU 20212024-20274 2
the grievance procedure outlined in this MOU (Article 7.4). Nothing contained in this subsection shall limit an employee’s rights under the Police Officer Bill of Rights and/or the disciplinary review and appeal procedure outlined in this MOU.

1.3.2. Bargaining Unit Discrimination
No member, official, or representative of the Association shall in any way suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Association.

1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Association agree to keep duplicate originals of this agreement on file in a readily accessible location available for inspection by any City employee, or member of the public, upon request.

1.5. EXISTING LAWS, REGULATIONS & POLICIES
This MOU is subject to all applicable laws.

The City agrees to meet and confer with the Association on proposed changes to policies or procedures that impact bargaining rights.

1.6. STRIKES & LOCKOUTS
During the term of this MOU, the City agrees that it will not lock out employees, and the Association agrees that it will not encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time.

1.7. SEVERABILITY
If any article, paragraph or section of this MOU 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 MOU shall not be affected thereby, and the parties shall enter into meet and confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section

1.8. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, ordinance or resolution, which are not specifically superseded by this MOU, 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 MOU sets 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 during the period of the term of this MOU. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope to meeting and conferring for a proposed MOU between the parties to be effective on or after July 1, 2024.

SRPA MOU 20212024-20274 3
2 MMBA

2.1. BARGAINING UNIT RIGHTS

2.1.1. Bargaining Unit Stewards Designation
The Association shall, by written notice to the City Manager, designate certain of its members as Employee Representatives. Association representatives who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation, collective bargaining, or grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services. Such employee representatives shall submit through the Police Department chain of command a written request for excused absence to the Police Chief at least forty-eight (48) hours prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed three (3).

2.1.2. Release Time
Two hundred (200) hours per calendar year shall be provided for union release time, apart from MMB activity, with ten days advance notice and approval of the Police Chief. Any additional hours shall be granted only with ten days advance notice and approval of the Police Chief.

2.1.3. Association Orientation of New Employees
Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Association, the City will provide the new employee with a copy of the current Memorandum of Understanding. The City shall make available two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Association. In addition, the City will also provide reasonable advance notice to the Association of all employee orientations conducted by the City.

2.1.4. Employee Information
The City shall provide the Association with the name, job title, department, work location, work, home and personal cell phone numbers, home address and personal email address on file with the City for all employees within the Association every 120 days. In addition, a report with similar information of each Association new hire will be provided to the Association within 30 days of the hire date.

2.2. DUES DEDUCTION

2.2.1. Collection of Dues
City agrees, upon written consent of the employee involved, to deduct dues, as established by the Association, from the salaries of its members. The sums so withheld shall be remitted by City along with a list of employees who have had said dues deducted.

2.2.2. Dues Collection during Separation from Employment The provisions specified in this section shall not apply during periods of separation from the representative Unit by any such employee but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representative Unit. The term separation includes transfer out of the Unit, layoff, and leave without pay absences with duration of more than 30 calendar days.

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:

SRPA MOU 20212024-20274 4

1. To manage the City generally and to determine the issues of policy.

2. To determine the existence or non-existence of facts which are the basis of the management decision.

3. To determine the necessity of organization or any service or activity conducted by the City and expand or diminish services.

4. To determine the nature, manner, means technology, and extent of services to be provided to the public.

5. Methods of financing.

6. Types of equipment or technology to be used.

7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted.

8. To determine and change the number of locations, re-locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City.

9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments.

10. To relieve employees from duties for lack of work or similar non-disciplinary reasons.

11. To establish and modify productivity and performance programs and standards.

12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations.

13. To determine job classifications and to reclassify employees.

14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Memorandum of Understanding and the City's Personnel Rules and Regulations.

15. To determine policies, procedures and standards for selection, training, and promotion of employees.

16. To establish employee performance standards including, but not limited to quality and quantity standards; and to require compliance therewith.

17. To maintain order and efficiency in it facilities and operations.

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement.

19. To take any and all necessary action to carry out the mission of the City in emergencies.

The City and the Association agree and understand that if, in the exercise of rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers-Milias-Brown Act and case law interpreting said Act; or Federal law, the City shall have the duty to meet and confer with the Association regarding the impact of its decision/exercise of rights.

2.4. COMMENCEMENT OF NEGOTIATIONS
It is mutually agreed to begin the Meet and Confer process no later than the first Monday in February, regarding the terms and conditions applicable to successor MOUs. The process will be initiated by the San Rafael Police Association through the submittal of upcoming contract requests it wishes to be considered.

SRPA MOU 20212024-20274 5
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 pay day, the pay day will be transferred to the previous day of regular business unless the Finance Division is unable to complete the payroll by that work day, in which case the pay day will be the day following the holiday. The method of the distributing payroll shall be established by the Finance Division.

During the term of this Agreement, the City may institute a change of the payroll schedule from 24 pay cycles per year to 26 pay cycles per year, providing the City gives the association six months’ notice.

3.1.2. General Wage Increases
Base salary increase shall be defined as an increase to general wages, excluding any benefit increases. Salary increases for all bargaining unit positions are established based on the base hourly rates set forth in the table attached as Exhibit A and included as part of this MOU. For the term of this agreement, the following base salary increases shall be applied on the identified effective date:
• Effective the first full pay period including July 1, 2021June 1, 2024, or the first full pay period following City Council ratification of a new MOU, whichever occurs later:
o A 1.63.0% base wage increasecost of living adjustment for all non-sworn (“miscellaneous”) classifications; and the City shall eliminate Step A1 from the salary schedule. Additionally, the salary range for the following classifications, Police Officer, Police Corporal, Police Sergeant, Police Communications Dispatcher, Police Lead Communications Dispatcher, and Police Support Services Supervisor shall have an additional step added to the top of the salary range (Step F) for each position, which is five percent (5%) above Step E. All employees in the Police Officer, Police Corporal, Police Sergeant, Police Communications Dispatcher, Police Lead Communications Dispatcher and Police Support Services Supervisor classifications that have completed at least one year of service at Step E of their classification shall advance to Step F in the first full pay period after Council approves the successor MOU. o A 4.0% base wage increase for sworn (“safety”) classifications to include Police Officer, Police Corporal and Police Sergeant. The base wage increase for sworn classifications includes a 2.4% equity adjustment.
o A 2.0% equity adjustment increase for the Police Communications Dispatcher classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Police Lead Communications Dispatcher classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Police Support Services Supervisor classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Records Specialist/Call Taker classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Mental Health Liaison classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Police Officer classification (5% total increase) on June 1, 2024;
o A 2.0% equity adjustment increase for the Police Corporal classification (5% total increase) on June 1, 2024;
SRPA MOU 20212024-20274 6
o A 4.0% equity adjustment increase for the Police Sergeant classification (7% total increase) on June 1, 2024; and
o All other classifications receive an equity adjustment of 1% (4% total increase) on June 1, 2024.
• Effective July 1, 20222025:
o A 1.63.0% base wage increasecost of living adjustment for all non-sworn (“miscellaneous”) classifications;
o A 4.5% base wage increase for sworn (“safety”) classifications to include Police Officer, Police Corporal and Police Sergeant. The base wage increase for sworn classifications includes a 2.9% equity adjustment.
o A 1.5% equity adjustment increase for the Police Communications Dispatcher classification (4.5% total increase) on July1, 2025;
o A 1.5% equity adjustment increase for the Police Lead Communications Dispatcher classification (4.5% total increase) on July 1, 2025;
o A 1.5% equity adjustment increase for the Police Support Services Supervisor classification (4.5% total increase) on July 1, 2025;
o A 1.5% equity adjustment increase for the Mental Health Liaison classification (4.5% total increase) on July 1, 2025;
o A 1.5% equity adjustment increase for the Police Officer classification (4.5% total increase) on June 1, 2025;
o A 1.5% equity adjustment increase for the Police Corporal classification (4.5% total increase) on July 1, 2025;
o A 1.5% equity adjustment increase for the Police Sergeant classification (4.5% total increase) on July 1, 2025; and
o All other classifications receive an equity adjustment of 0.6% (3.6% total increase) on July 1, 2025.
• Effective July 1, 20232026:
o A 3.01.6% base wage increase cost of living adjustment for all non-sworn (“miscellaneous”) classifications;
o A 4.5% base wage increase for sworn (“safety”) classifications to include Police Officer, Police Corporal and Police Sergeant. The base wage increase for sworn classifications includes a 2.9% equity adjustment.
o A 1.5% equity adjustment increase for the Police Communications Dispatcher classification (4.5% total increase) on July1, 2026;
o A 1.5% equity adjustment increase for the Police Lead Communications Dispatcher classification (4.5% total increase) on July 1, 2026;
o A 1.5% equity adjustment increase for the Police Support Services Supervisor classification (4.5% total increase) on July 1, 2026;
o A 1.5% equity adjustment increase for the Mental Health Liaison classification (4.5% total increase) on July 1, 2026;
o A 1.5% equity adjustment increase for the Police Officer classification (4.5% total increase) on June 1, 2026;
SRPA MOU 20212024-20274 7
o A 1.5% equity adjustment increase for the Police Corporal classification (4.5% total increase) on July 1, 2026;
o A 1.5% equity adjustment increase for the Police Sergeant classification (4.5% total increase) on July 1, 2026; and
o All other classifications receive an equity adjustment of 0.6% (3.6% total increase) on July 1, 2026.

3.1.3. Definitions
Total Compensation shall be defined as: Top step salary (excluding longevity pay steps), maximum longevity pay available to employees with 12 or more years of experience, 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 paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.

Either Party may prepare total compensation surveys in support of labor negotiations. The City will prepare total compensation surveys both with and without the employer’s retirement contribution included in the computation. The City and the Association shall review the benchmark and related survey data for accuracy and completeness.

3.1.4. Compensation Plan
The Compensation Plan adopted by the City Council shall provide for salary schedules, base hourly 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.

3.1.5. Fair Labor Standards Act
The Parties shall continue to discuss changes to ensure the City’s compliance with the FLSA. The Parties understand that the City has the management right to administer its payroll system in compliance with the law and also understand that all impacts of any resulting changes to employee compensation must be negotiated with SRPA. The City does not believe that any changes will lead to wage reductions for employees and the City will provide an offset if that occurs.

3.2. STEP INCREASES

3.2.1. Entry Level Step
All initial employment shall be at the entry level step for the base hourly pay rate as indicated in Attachment A. The City Manager or his/hertheir designee may authorize, upon the recommendation of the Police Chief, a position at an appropriate higher salary when, in his/hertheir opinion, it is necessary in order 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 beginning salary in excess of the first step. Initial employment appointments above Step C will require City Manager Approval.

3.2.2. Consideration for Step Increases
An employee may be considered for a step increase in accordance with their anniversary date and the parameters of the base hourly pay rate schedule. Advancement to a higher base hourly rate within the schedule may be granted for continued improvements and efficient and effective service by the employee in the performance of his/hertheir duties. Base hourly rate advancement shall be made only upon the SRPA MOU 20212024-20274 8
recommendation of the Police Chief, with the approval of the City Manager or their designee, and are not automatic, but based on acceptable work performance.

Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Police Chief and approval of the City Manager.

3.2.3. Merit Increases
Employees at the maximum step of their base hourly pay rate may be granted a merit pay award of up to five percent (5%) above and beyond their base hourly pay rate. A merit pay award may be effective for up to one (1) year. A merit pay award when expired is not a disciplinary action and is not appealable.

Merit pay awards may be granted in recognition of meritorious performance beyond the scope of regular duties and in response to extraordinary conditions.

3.3. ADDITIONAL PAY

3.3.1. Shift Differential Pay
A three percent (3%) shift differential shall be paid for all represented employees regularly scheduled to work fifty percent (50%) or more of their shift after 1500 hours.

A five percent (5%) shift differential shall be paid for all represented employee regularly scheduled to work fifty percent (50%) or more of their shift after 2200 hours.

Employees assigned to work the swing or graveyard shift time periods on overtime or in accordance with Article 6.3, Shift Changes, are excluded from shift differential pay for those time periods.

Shift differential shall not be considered an additional percentage on salary for personnel involved but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts. The current operational policies and provisions for shift rotation and assignment remain in effect.

3.3.2. Court Pay
If a police employee receives a subpoena requiring them, in the course and scope of their official employment, to appear in court or other official hearing other than during their regular tour of duty or shift of hours, they shall receive a minimum of two (2) hours pay at the overtime rate. “Other than during their regular tour of duty or shift hours” shall include vacation and compensatory time off.

The employee shall submit the required documentation (copy of subpoena and overtime slip) for all related court pay on or immediately after the actual court appearance or after date of cancellation.

If such appearance commences during the employee’s regular tour of duty or shift of hours and continues beyond the normal completion time of the employee’s regular tour of duty or shift of hours, then the employee will be compensated at the overtime rate for the actual time spent beyond the normal completion time of said tour/shift.

If an employee receives more than one subpoena for the same scheduled time, he/shethey will receive the minimum time frame rate only once.

The Police Department will provide appearance information for police employees. The department will be responsible for having such information available, when known, by 1800 hours. If the matter is not canceled by 1800 hours, on the court day preceding the appearance date, an employee shall receive one (1) hour pay at the overtime rate. Time spent at the appearance shall be compensated at the overtime rate.

SRPA MOU 20212024-20274 9
Nothing in the provision shall be construed to mean that the Association agrees in any way to any method of “flex scheduling.”

3.3.3. Call Back Pay
Call-back pay shall be provided at one and one-half times the regular rate with a three (3) hour minimum whenever required by the Department and with the expectation that the full three (3) hours will be worked. At no time will the minimum compensation overlap with a regularly scheduled work assignment.

3.3.4. Educational Expense Reimbursement
The Educational Expense Reimbursement Program shall apply to all employees of the Police Department represented by this contract who have completed a total of two (2) or more continuous years of full-time service with the San Rafael Police Department. The Educational Expense Reimbursement Program shall relate to the completion of college credits while off-duty for job-related courses, awarded from an accredited community college or an accredited college or an accredited university. Job-related courses are defined as those which contribute to current job performance or prepare the employee for other City positions, including but not limited to obtaining bilingual skills.

An eligible employee who takes a job-related course during off-duty hours at an accredited institution of learning (see above) shall be eligible to receive reimbursement for the costs of tuition, fees, and course materials, up to a maximum of $1,500 per fiscal year. The employee will be eligible for this reimbursement upon the successful completion of the course and upon the employee having achieved a grade of “Pass” or “C” or better.

In order for the eligible employee to qualify for reimbursement, the employee must:
a. Chief of Police or Designee Approval – Prior to enrollment, the employee must receive the written approval of the Chief of Police (the “Chief”) or designee concerning the particular course. The decision of the Chief shall be final. To be approved by the Chief, the Chief must find that the course is job-related after reviewing the request, which briefly describes why the employee believes the course to be job-related.
b. Reimbursement Request – Provided that the Chief finds that the course is job-related and approves the employee’s request, the employee shall submit a request for reimbursement to the Chief or designee that includes a copy of the employee’s course grade, the receipts for all course expenses, and a total amount requested for reimbursement.

To ensure that the City receives adequate benefit from the increased education of the educational expense reimbursement recipients, the following table of time worked after completion of course work shall apply to all recipients who terminate employment with the City of their own volition.

Time between receiving reimbursement
and termination of employment
Percentage of tuition reimbursement to be
repaid to the City
Up to 12 months 100%
Between 12 months and 18 months 50%
Over 18 months 0%

3.3.5. Certificate Incentive
The Certification Incentive Program for all employees of the Police Department offers monthly payment for POST Certification as follows:

Effective January 1,July 1, 2024, 2007 the payment for POST Intermediate or Advance Certification to Police Officer, Police Corporal or Police Sergeant shall be:

Intermediate Certificate 3.0% increase to base hourly pay rate SRPA MOU 20212024-20274 10
Advanced Certificate 5.0%7.5% increase to base hourly pay rate
Effective with the pay period start date of January 1, 2007July 1, 2024, the payment for POST certificates for Police Communication Dispatcher, Police Lead Communications Dispatcher, or Police Support Services Supervisor Dispatch Supervisor or Civilian Supervisor shall be:

Public Safety Dispatcher Intermediate
Certificate

3.0% increase to base hourly
pay rate
Public Safety Dispatcher Advanced
Certificate

4.0% increase to base hourly
pay rate
Records Supervisory Certificate 5.0% increase to base hourly pay rate

3.3.6. Bilingual Pay
Expert Fluency Program. A ten percent (10%) pay incentive shall be paid to up to ten (10) eleven (11) designated bilingual employees (sworn or non-sworn). With the approval of the Chief of Police and the City Manager, more than eleven (11) employees may be designated as eligible for the Expert Fluency Program.

Full Fluency Program. A five percent (5%) bilingual pay incentive shall be paid to up to ten (10) designated bilingual employees (sworn or non-sworn). With the approval of the Chief of Police and the City Manager, more than ten (10) employees may be designated as eligible for the Expert Fluency Program.

Conversational Fluency Program. Effective July 1, 2006, a two and one-half percent (2.5%) pay incentive shall be paid to up to thirty-five (35) designated bilingual employees (sworn and non-sworn).

With the approval of the Chief of Police and the City Manager, more than thirty-five (35) employees may be designated as eligible for the Conversational Fluency Program.

Within the limits established in the first three paragraphs of this section, to qualify for the Expert or Full or Conversational Programs, employees must be certified as proficient in a language deemed to be of work-related value to the Police Department as determined by the Police Chief and approved by the City Manager by established standards. It is agreed that the City will meet and confer with the Association in order to establish standards for the Expert Fluency Program with the understanding that the standards will focus on external testing and/or certification satisfactory to the Police Chief and by the City Manager. Full or conversational proficiency certification may be obtained by passing a standardized departmental test (to be developed by the department) or a Fluency Certification of Completion from a departmental conversational test, or obtaining a conversational certification issued by an agency or other vendor approved by the Police Chief.

Fluency in more than one foreign language does not entitle an employee to more than one of the bilingual pay categories. Both parties agree to re-certification of proficiency every three (3) years at the department’s expense and discretion to continue eligibility for the bilingual differential. The City shall provide initial certification testing and testing to advance to a higher program level each year if there are candidates who are both interested and qualified. Employees may acquire certification during the intervening periods at their own expense.

Shift assignments and distribution of bilingual employees shall be at the discretion of the Chief of Police.

3.3.7. Uniform Allowance
Each of the following represented classification will receive a uniform allowance for each six (6) months of service ending June 30 and December 31 as follows:

Effective July 1, 2018
SRPA MOU 20212024-20274 11
Classification Semi - Annual Annual
A. All sworn employees, Police Service Specialist $730.00 $1,460.00 B. All other represented employees $325.00 $650.00
C. A pro-rated portion of the allowance may be given for the first and last six (6) months of service upon recommendation of the Police Chief.

3.3.8. Special Weapons and Tactics (SWAT) Team
Police Department personnel assigned to the Special Weapons and Tactics (SWAT) Team shall receive additional compensation amounting to two and one-half percent (2.5%) of their base hourly pay rate. Team members shall be entitled to callback pay pursuant to the Call-Back Pay provisions of this MOU (Section 3.3.3). The City will pay for the equipment for SWAT team members, provided members obtain prior approval of the Chief of Police.

Employees shall be appointed to a five-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee.

3.3.9. Hostage Negotiations Team (HNT)
Police Department personnel assigned to the Hostage Negotiations Team (HNT) Team shall receive additional compensation amounting to one percent (1%) of their base hourly pay rate. Team members shall be entitled to callback pay pursuant to the Call-Back Pay provisions of this MOU (Section 3.3.3).

Employees shall be appointed to a five-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee.

3.3.10. Field Training Officer (FTO)
a. The Police Department has established a program for selection of Field Training Officers. Field Training Officers and the Field Training Program Supervisor shall receive additional compensation amounting to two and one-half percent (2.5%) of their base hourly pay rate while assigned to the Patrol Division and shall receive an additional two and one-half percent (2.5%) while engaged in training of new Police Officers and Community Service Officers. Shift assignment will be at the discretion of the Chief of Police and based upon the needs of the Department. All other sworn personnel assigned as Field Training Officers will be paid five percent (5%) above their base hourly pay rate while engaged in training of new Police Officers and Community Service Officers.
b. Non-sworn personnel may be formally assigned, in writing, to train employees in their new job classifications. For actual hours spent training this new employee, during the specified training period, the assigned trainer will be paid five percent (5%) above their base hourly pay rate. c. Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee.

3.3.11. Motor Officer Pay
Police Department personnel assigned to the following duty shall receive additional compensation amounting to five percent (5%) of their base hourly pay rate: Operation of a solo-motorcycle for more than 50% of his/hertheir work month.

3.3.12. Major Accident Investigation Team
Tier 1 MAIT personnel on the Department’s call-out list shall receive additional compensation amounting to one percent (1%) above their base hourly pay rate. All MAIT Personnel shall be entitled to callback pay pursuant to the Call-Back Pay provisions of this MOU (Section 3.3.3) SRPA MOU 20212024-20274 12
Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee.

3.3.13. Crime Scene Investigator (CSI)
Crime Scene Investigators on the Department’s call-out list and the Supervisor shall receive additional compensation amounting to one percent (1%) above their base hourly pay rate. All Crime Scene Investigators shall be entitled to callback pay pursuant to the Call-Back Pay provisions of this MOU (Section 3.3.3).

Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. The three-year term shall not apply to Community Service Officers.

3.3.14. Self-Defense and Tactics (SDAT) & Firearms Instructor Pay The Police Department has established a program for selection of Self-Defense and Tactics (SDAT) & Firearms Instructors. Self Defense and Tactics (SDAT) or Firearms Instructors shall receive additional compensation amounting to two and one-half percent (2.5%) above their base hourly pay rate. Anyone that is a Self-Defense and Tactics (SDAT) Instructor and also a Firearms Instructor will be eligible for only a total of two and one-half percent (2.5%) and not a compounded five percent (5%).

Employees shall be appointed to a three-year term beginning July 1, 2014 and may be extended on an annual basis by mutual agreement between the department and the employee. The three-year term shall not apply to Community Service Officers.

3.3.15. Detective Pay
Sworn personnel assigned to the Support Services Divisions Investigations Unit shall receive additional compensation amounting to five percent (5%) above their base hourly pay rate. Unit members shall be entitled to callback pay pursuant to the Call-Back Pay provisions of this MOU (Section 3.3.3).

3.3.16. Out of Class Pay
Police Services Specialists assigned in writing by their supervisor to work as a Communications Dispatcher shall be compensated at a rate 5% greater than the employee’s current base hourly pay rate. The out-of-class increase shall be retroactive to the first day of the assignment and based on hours actually worked in the higher classification.

3.3.17. Canine Handler Pay
The parties agree to initiate a Canine Handler Program at a time to be determined by the Police Department. Officers assigned to and participating in the canine program shall receive additional compensation amounting to 5% above their base hourly pay rate subject to the restrictions stated in the attached Canine Handler Program Side Letter.

3.3.18. Hiring Incentives for Lateral Police Officers
To be eligible for the below hiring incentives, a qualified lateral police officer candidate (“Eligible Lateral Hire”) must, at the time of filing the employment application: (1) be currently working for another California law enforcement agency, (2) have two years’ experience as a full-time peace officer in California, and (3) possess a current California P.O.S.T. certificate. Lateral officer hires with prior full-time San Rafael Police Department experience are not eligible under the terms of this Agreement unless they have a minimum of two years’ separation from the San Rafael Police Department as a full-time peace officer and have met the requirements of (1) and (3) described above for Eligible Lateral Hires, in which case they will be deemed an Eligible Lateral Hire for purposes of this hiring incentive plan.

SRPA MOU 20212024-20274 13
Any employee who served as a peace officer with other police agencies with no break in service immediately prior to employment with the City of San Rafael will be credited with years of sworn service in such previous employment solely for the purpose of determining vacation accruals on a prospective basis after certification of the prior years of sworn service. Any period of 30 calendar days or less when moving between agencies will not be considered a break in service.

Upon hire and commencement of work as a Police Officer with the City of San Rafael, an Eligible Lateral Hire from another law enforcement agency will receive a five thousand dollars ($5,000) hiring incentive payment. For retirement purposes, this incentive is Compensation Earnable for Classic members. However, this incentive is not Pensionable Compensation for PEPRA members Upon successful completion of the field training program, as determined by Police Administration, the Eligible Lateral Hire will receive five thousand dollars ($5,000) hiring incentive payment. For retirement purposes, this incentive is Compensation Earnable for Classic members. However, this incentive is not Pensionable Compensation for PEPRA members.

Upon successful completion of the probationary period (eighteen months) as a Police Officer, the Eligible Lateral Hire will receive a five thousand dollars ($5,000) hiring incentive payment. For retirement purposes, this incentive is Compensation Earnable for Classic members. However, this incentive is not Pensionable Compensation for PEPRA members.

Upon successful completion of three complete years of City service the Eligible Lateral Hire will receive a ten thousand dollars ($10,000) hiring incentive payment. For retirement purposes, this incentive is Compensation Earnable for Classic members. However, this incentive is not Pensionable Compensation for PEPRA members.

The City retains the right and exclusive authority to offer step placement above “B” Step of the Police Office salary range based on the Eligible Lateral Hire’s qualifications and other factors such as current salary. The salary range placement shall be included in the conditional employment offer letter provided to the lateral officer.

Current San Rafael Police Department Employees who refer an Eligible Lateral Hire will receive an incentive of two thousand five hundred dollars ($2,500) for hired and retained Eligible Lateral Hires.

The referral incentive for current San Rafael Police Department Employees is not Compensation Earnable for Classic members nor Pensionable Compensation for PEPRA members.

Only one current San Rafael Police Officer can be identified as the referring officer for each Eligible Lateral Hire for purposes of the referral incentive outlined above. The current San Rafael Police Officer referring the Eligible Lateral Hire must be identified in writing by the Eligible Lateral Hire at the time the application for employment is submitted to obtain the referral incentive. Referring San Rafael Police Officers may not receive more than five (5) referral incentives per fiscal year.

3.3.19. Longevity
Effective July 1, 2025, employees with at least eight (8) years of sworn law enforcement experience as Penal Code section 830.1 peace officers shall receive an additional two and a half percent (2.5%) above their base hourly rate of pay.

Effective July 1, 2025, employees with at least twelve (12) years of sworn law enforcement experience as Penal Code section 830.1 peace officers shall receive an additional two and a half percent (2.5%), for a total of five percent (5.0%) above their base hourly rate of pay.

SRPA MOU 20212024-20274 14
With the approval of the Chief of Police and the City Manager, employees with experience as a sworn peace officer in another state may be credited with years of service toward the Longevity Pay threshold.
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 Association, Police Mid-Management, Fire Association, Fire Chief Officers Association, Management, and Mid-Management employees.

The Employee Benefits Committee may make recommendations for changes to existing benefits.

However, changes to benefits identified in this agreement shall only occur after the City and Association have mutually agreed to meet and confer on such changes and have completed the meet and confer process, including impasse resolution. There shall be no change to any benefits that are subject to the meet and confer process provided in this Memorandum of Understanding absent the specific, written agreement of the Association and completion of the meet and confer process.

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 full flex cafeteria plan.

Effective June 1, 2024, the monthly flex dollar allowance shall be:

For employee only: $ 853.48
For employee only and one dependent: $1,708.13
For employee and two or more dependents: $2,220.68
Effective January 1, 20212025, the monthly flex dollar allowance shall be:

For employee only: $ 781.06950.00
For employee and one dependent: $1,900.001,563.18
For employee and two or more dependents: $2,032.232,400.00 Flex Dollar Increases for this MOU Term
Effective December 15, 2025 and December 15, 2026, the flex dollar allowances shall increase on the December 15th paycheck up to a maximum of five percent (5.0%) on an annual basis. If the Kaiser Bay Area premium rate increase is less than five percent (5.0%), the flex dollar allowance shall only increase the amount of the Kaiser Bay Area premium increase. In the event that the Kaiser Bay Area premium rate increase for the upcoming calendar year exceeds ten percent (10%) and is less than fifteen percent (15%), the City and the employee will split the cost of the increase above ten percent (10%) evenly; each paying 50% of the dollar value of the increase between 10-15%. In the unlikely event that the Kaiser Bay Area premium rate increases for the upcoming calendar year in 2026 or 2027 to an amount exceeding fifteen percent (15%), the City and the Association agree to reopen the SRPA MOU 20212024-20274 15
MOU to negotiate the employer’s contribution to healthcare. The parties agree that this provision will sunset upon the expiration of the MOU.

The Upon the expiration of the MOU, the flex dollar allowances shall increase on the December 15th paycheck up to a maximum of three percent (3.0%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year.

The City shall contribute to the cost of medical coverage for each eligible employee and his/hertheir dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) Minimum Employer 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 monthly flex dollar allowance (including the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income.

Conditional Opt-Out Arrangement: An employee may elect to waive the City’s health insurance coverage and receive a $300 monthly Opt-Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Coverage Plan.
3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage.

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, other legislation or Federal and/or California agency guidance.

4.2.2 Retirees Health Insurance
Employees represented by the Association 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. Employees hired before January 1, 2010
The City shall make a monthly retiree health insurance payment 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 payment shall be the difference between the premium cost of coverage minus the PEMHCA minimum contribution. The City’s total payment (PEMHCA minimum contribution plus additional cost of retiree premiums) shall be $386 per month. The City’s retiree health insurance contribution shall continue for the lifetime of the retiree and retiree’s spouse, in accordance with PEMHCA eligibility provisions for coverage.

SRPA MOU 20212024-20274 16
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, 4.2.3b, 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 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 250 hours of sick leave after the conversion.

4.2.3 Health and Dependent Care Spending Accounts
City will offer as part of its Section 125 Plan for as long as such a plan is desired by the Association and available pursuant to the IRS Code a 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, 2013 at IRS Code limit, not to exceed $ $2,500. Employees are responsible to pay the monthly administrative fee and any increase established by the thirdparty administrator. b. Dependent Care Spending Accounts: Dependent care expenses that qualify under the IRS Code at the IRS Code limit. Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator. c. 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.

City shall establish an annual enrollment period and each employee must re-enroll annually for either plan noted in Section 4.2.3. a. and/or b.

4.3 PERS HEALTH INSURANCE BENEFITS
Upon reasonable advance notice to the Association, the City shall have the option of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits for active or retired employees from those benefits available under the PERS program; and provided further such contracting shall not cause a material increase in premiums for either the City or the employees. There shall be no requirement for the City to meet and confer upon the City’s exercising the option described above in accordance with the provisions of this paragraph.

4.4 DENTAL PLAN
The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care, $25 deductible on corrective coverage (80/20) per eligible patient per calendar year, 80/20 cost sharing for cast, crowns and restorations, and orthodontic coverage (50/50) within the limits prescribed in the Group Plan document. The City shall continue the current or comparable program and shall pay any increased premium rate increases from date of the increase for the term of this MOU The maximum benefit amount is $1,500 per person per Calendar Year.

4.5 VISION PLAN
SRPA MOU 20212024-20274 17
The City will contract for a vision plan for employee only vision benefits. Employees will be eligible to enroll qualified family members and will pay the premium costs for such enrollment.

4.6 LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT Effective January 1, 2010, 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.

4.7 LONG TERM DISABILITY POLICY
An employee shall have the option to fund a PORAC Long-Term Disability policy with after-tax income. In lieu of the City sponsored LTD plan, the City will pay an annual $100 lump sum payment minus applicable taxes to each employee. This lump sum payment will be made in the first pay period in December of each year of this MOU.

4.8 RETIREMENT

4.8.1 Retirement Contribution
Bargaining unit members shall pay the full share of the employee's contribution to the Marin County Retirement System.

Effective the pay period including September 1, 2013, all current and “PEPRA” (“classic” and “new”) bargaining unit members shall contribute an additional 1% of pensionable compensation to MCERA, over and above the employee’s contribution noted above.

The 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.

4.8.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 3% at 55-retirement program to all safety members, as defined under the 1937 Act Government Code Section 31664, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This shall be based on an employee’s single highest year of compensation.

The City shall provide the Marin County Employee Retirement Association 2.7% at 55-retirement program to all miscellaneous members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This shall be based on an employee’s single highest year of compensation.

Safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 3%@55 calculated based on the average of their highest three years of compensation, with a 2% COLA benefit cap.

Non-safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2%@55 calculated based on the average of their highest three years of compensation, with a 2% COLA benefit cap.

Safety employees hired on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2.7% @ 57 plan for Safety members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation SRPA MOU 20212024-20274 18
earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or hertheir retirement or some other period designated by the retiring employee.

Non-safety employees hired on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or hertheir retirement or some other period designated by the retiring employee.

4.8.3 Member Cost of Living Rates
Bargaining unit members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of member’s 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).

4.8.4 Pension Costs
The parties shall discuss pension issues during the term of this MOU utilizing the Labor-Management Committee process memorialized in Section 6.6.5 of this agreement. 5 LEAVES

5.1 SICK LEAVE

5.1.1 Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be considered a privilege, which an employee may use at the employee's discretion, but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Police Chief according to department Rules and Regulations at the beginning of his/hertheir daily duties. Every employee who is absent from his/hertheir duties for two (2) consecutive work days shall file with the Human Resources Director should he/shethey so request, a physician's certificate or the employee's personal affidavit stating the cause of the illness of disability. The inability or refusal by said employee to furnish the requested information, as herein required, shall constitute good and sufficient cause for disciplinary action, including dismissal.

5.1.2 Sick Leave Accrual
All eligible full-time employees shall earn sick leave credits at the rate of eight (8) hours per month commencing with the date of employment (accrual pro-rated for P/T employees). Unused sick leave may be accumulated with no limit. A cap of twelve hundred (1200) hours shall be in effect for sick leave separation payoff purposes only.

5.1.3 Use of Sick Leave
An employee eligible for sick leave with pay will be granted such leave with the approval of the Chief of Police for the following purposes:

1. Personal illnesses or illness within the immediate family (immediate family is defined as:
employee’s spouse or registered domestic partner, dependent children grandchildren, siblings, and/or employee’s parents or parent(s)-in-law), or physical incapacity resulting from causes beyond the employee’s control; or,

2. Enforced quarantine of the employee in accordance with community health regulations; or SRPA MOU 20212024-20274 19

3. Medical appointments that cannot be scheduled during non-working hours shall be charged to sick leave, unless the employee is a sworn police officer.

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 the time of such separation shall reimburse the City of all salary paid in connection with such un-accrued leave.

5.1.5 Service Credit for Sick Leave
Employees who are eligible to accrue sick leave and who retire from the City of San Rafael’s Marin County Employee’s Retirement System, on or after January 1, 2003, and within 120 days of leaving City employment (excludes deferred retirement), shall receive employment service credit, for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours said employee is eligible to receive and elects to receive in compensation at the time of retirement).

Note: Refer to Section 5.1.2, Sick Leave Accrual, for sick leave cap limitation for payoff purposes.

5.1.6 Compensation for Unused Portion
Upon separation from employment, by resignation, retirement or death, an employee who leaves the City in good standing shall receive compensation for all accrued, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%).

5.2 VACATION LEAVE

5.2.1 Eligibility
Annual vacation with pay shall be granted each eligible employee. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the Police Chief.

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 commence to accrue vacation at the following rate for continuous service:

Vacation Accrual chart:

YEARS OF SERVICE ACCRUAL PER YEAR ACCRUAL PER MONTH
1 - 3 years 80 hours 6.66 hours
4 - 10 years 120 hours 10 hours
11 - 15 years 160 hours 13.34 hours
16 + years 200 hours 16.68 hours
When an employee is on an approved leave without pay, vacation accrual is prorated based upon paid hours in the pay period.

5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Police Chief, may advance un-accrued vacation to any permanent regular and part-time employee.

The time at which an employee may use their accrued vacation leave and the amount to be taken at any one time shall be determined by the employee’s Chief of Police with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee.

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In the event that one or more City holidays falls within an annual vacation leave, such holidays shall not be charged as vacation leave, unless the employee is on a schedule to be paid for designated holidays in lieu of days off.

Upon termination, an employee shall be compensated in cash at their current rate of pay for any vacation accrued but not taken, up to the maximum accrual cap.

5.2.4 Vacation Sign-up
Vacation sign-ups shall occur every six months during the designated shift rotations as outlined in Section 6.1.2 of this MOU. Employees will sign up for vacation based on seniority within their assigned work unit using the Vacation Sign-Up Roster. Employees who do not sign up during shift rotation will be able to sign up for vacation beyond the traditional shift sign up period only if the desired week(s) are open and available.

Employees may take a single vacation day only if the following criteria are met:

1. The single day vacation is selected 120 hours prior to the date to be taken.

2. The single vacation day does not cause the employee’s assigned shift to go below the minimum staffing requirements.

3. The single vacation day may be denied between 120 and 71 hours in advance of the date to be taken if staffing is projected to fall below minimum staffing requirements due to additional employees using sick leave, comp time or for specific department needs.

4. If there are schedule changes due to additional employees using sick leave, comp time or other causes between 70 hours and the date to be taken, the department will honor the employee’s single vacation leave request and allow the employee to use the single vacation day.

The Parties agree to discuss the vacation sign-up process (Section 5.2.4) and CTO (Section 6.2.2) during the term of this Agreement. The Parties must mutually agree to any changes to either or both sections.

5.2.5 Vacation Cap
No employee may accrue more than 250 hours of vacation leave. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable cap limit.

Employees may, for special situations, i.e., extended medical leave, request an increase in their cap.

Each request would need to be in writing, submitted through the department, and receive the approval of the Police Chief and the City Manager. Such requests would be reviewed on a case-by-case basis and would be evaluated based on the reason for the request. This additional vacation accrual could not exceed one-half of the employee’s regular annual vacation accrual. In no case would the addition over the cap be extended beyond one additional year from date of approval.

5.2.6 Vacation Cash-In
Vacation Conversion: An employee is eligible to request a conversion of vacation time to a cash payment in May or November in any fiscal year in accordance with the following:

An employee who has taken at least ten (10) days of vacation in the preceding twelve (12) months and has accrued vacation during that time may request up to seven (7) days of vacation conversion.

Such requests may be granted at the discretion of the City Manager.

If the request is granted, May requests will be paid in the last pay period in June and November requests will be paid in the last pay period in December. Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period.

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5.3 HOLIDAYS
The following thirteen (13) holidays will be observed:

New Year’s Day Labor Day
Martin Luther King Day Veteran’s DayAdmission
Day
Washington’s Birthday Thanksgiving
DayVeteran’s Day
Lincoln’s Birthday
Day after
ThanksgivingThanksgiving
Day
Cesar Chavez Day Christmas DayDay after
Thanksgiving
Memorial Day Christmas Day
Juneteenth
Independence Day
All represented employees in the Police Department shall receive straight time compensation for every holiday worked or which falls on a regularly scheduled day off in each given year, which all other employees receive as time off. Said compensation shall be during the pay period that the holiday occurs.

In order to be eligible for compensation for the paid holiday, the employee must both be in paid status on the day before the holiday and on the day after the holiday.

5.4 OTHER LEAVE

5.4.1 Bereavement Leave
In the event of the death of an employee's spouse, registered domestic partner, child, parent, sibling, parent-in-laws, grandparent, grandchild or relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to three (3) days of accrued sick leave within the State and up to five (5) days of accrued sick leave out of State may be granted for bereavement leave for each death of a family member. The five days may be taken intermittently but must be used within three (3) months of the date of the family member’s death.

In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Police Chief as part of the request for bereavement leave.

The above bereavement clause shall also apply in the event of a reproductive loss for an employee. The City agrees to maintain employee confidentiality related to the reproductive loss 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 Police Chief 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 Police Chief an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

5.4.4 Leave of Absence Without Pay
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Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Applicable accrued leave must be exhausted prior to the granting of leave without pay.

5.4.5 Industrial Injury Leave
For benefits under Workers Compensation, an employee should report any on the job injury to his/hertheir supervisor as soon as possible, preferably within twenty-four (24) hours. The Human Resources' office coordinates benefits for Worker's Compensation claims.

For further information, see the City’s Workers’ Compensation policy located on the Intranet (https://intranet.cityofsanrafael.org).

Employees of the City who have suffered any disability arising out of, and in the course of their employment as defined by the Worker's Compensation Insurance and Safety Act of the State of California are entitled to all benefits allowed them by the Workers’ Compensation Insurance and Safety Act of the State of California.

NON-SAFETY EMPLOYEES
Temporary disability payments (TD) are made to all employees (full and part-time) when a physician reports an employee is unable to perform their job duties due to an industrial injury and the City cannot accommodate the restrictions mandated by their physician. TD is set by State law and is approximately two-thirds of full salary with state-mandated minimums and maximums. For full-time, regular employees, however, the City augments disability payments to bring them to full salary for the first three (3) calendar months and to ¾ pay for the next 6 months. Compensation leave payments shall not exceed the employee's regular full pay for the first three (3) calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months.

All other employees shall be entitled to such compensation as may be allowed them by the Worker's Compensation Insurance and Safety Act of the State of California.

SAFETY EMPLOYEES
Compensation leave payments are governed by Labor Code Section 4850. Labor Code Section 4850 provides that employees who sustain an industrial injury which precludes them from working are eligible to receive full salary for a period of up to one year during the period of such disability.

Sick Leave Usage Post Industrial Injury/Illness
The following rule applies to both Safety and Non-Safety personnel who have suffered an 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 Medical Leave of Absence
Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the Police Chief for approval and reviewed by the Human Resources Director for consistency with the law prior to approval. Employees approved for this type of leave must use appropriate accrued and unused vacation leave and/or compensatory time before going on leave without pay status. Accrued SRPA MOU 20212024-20274 23
and unused sick leave may be used if requested. Sick leave usage is to be consistent with the sick leave provisions of the MOU; to be eligible for this family leave benefit, an employee must have worked for the City of San Rafael for at least 12 months and have worked a minimum of 1,250 hours in the previous 12-month period. For details, please see the City’s FMLA policy located on the Intranet.

5.4.7 Absence without Authorized Leave
An unauthorized absence of an employee for three consecutive workdays shall constitute grounds for termination.

5.4.8 Catastrophic Leave
All employees of the Police Department should refer to City-Wide Catastrophic Leave Policy located on the City’s Intranet (https://intranet.cityofsanrafael.org).

5.4.9 Paid Parental Leave
Eligibility:

Effective July 1, 2024, any full-time, regular, or probationary employee who has been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for Paid Parental Leave (PPL) to use within 12 months of the following eligible events:

1. Birth of a child of the employee, the employee’s spouse, or the employee’s domestic partner.

2. Placement of a child with the employee for adoption.

For the purposes of PPL, the definition of “parent” and “child” are as defined by the California Family Rights Act.

The City Manager may authorize, upon the recommendation of the Police Chief, an exception to the eligibility provisions, when it is, in their opinion, necessary in order to hire or retain qualified personnel.

In these circumstances, the benefit will be prorated based on the number of months employed.

Benefit and Use:

1. Eligible employees shall be granted 300 PPL hours to use within 12 months of the qualifying event for the purposes of disability due to pregnancy and/or baby/child bonding. Regular part-time employees shall be eligible for a prorated number of PPL hours, based on scheduled and budgeted FTE.

2. PPL is based on a 12-month rolling calendar. No more than 300 PPL hours may be used in any 12- month period. PPL may not be used or extended beyond the 12-month time frame and any accrued and unused PPL will be forfeited at the end of the 12-month period for the qualifying event.

3. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused PPL for which they were eligible.

4. PPL is based on the employee’s regularly scheduled hourly base wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.

5. PPL shall be used in a block of continuous time or on an intermittent basis or reduced schedule.

For the purposes of this article, a reduced schedule is anything less than a full shift. Intermittent leaves or reduced schedules must be arranged and approved by the employee’s supervisor in advance.

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6. PPL shall run concurrently with FMLA/CFRA and with PDL as set forth in paragraph 7, below.

Eligible employees will be reinstated to the same or equivalent position in accordance with FMLA/CFRA protections. This may include altered assignments to accommodate the department’s operational needs when the employee is fewer hours than their regularly scheduled work hours.

7. Pregnancy Disability Leave (PDL): An eligible employee on PDL must reduce their sick leave balance to 40 hours or less to use PPL concurrently with PDL. An eligible employee is not required to further reduce their balance once they have reached the initial threshold of 40 hours or less.

8. Use of this leave constitutes a “compelling personal situation during which time the employee was unable to work” under Article 6.4.4 of this MOU and the probationary period for any probationary employee who uses this leave shall be extended for the length of time the employee was off work using this leave.

Coordination of Benefits & Leaves:
• PPL taken under this provision will run concurrently with leave under the FMLA, CFRA, and PDL once the eligible employee’s sick leave balance is reduced to 40 hours or less. • PPL will be fully integrated with any short-term disability or California Paid Family Leave program but shall not exceed one hundred percent (100%) of the employee’s normal gross salary rate.
• The use of State Disability insurance (SDI) or Short-Term Disability (STD) and Paid Family Leave (PFL) will not reduce available hours under the PPL leave entitlement. • For time covered by FMLA/CFRA job protected leave for baby/child bonding purposes, PPL must be used prior to other accrued leave or unpaid leave except as discussed in number 7 above.
• If an employee has exhausted FMLA/CFRA entitlements for reasons other than baby bonding, PPL must be used prior to other accrued leaves or Leave Without Pay for arranged leaves for the purpose of baby bonding. Scheduling of non-FMLA/CFRA protected PPL is subject to Police Chief approval.
• An employee who is eligible for PPL but is on leave for other reasons cannot use PPL except as described in paragraph 7 above.

Additional Restrictions:

Notwithstanding the requirements of other state and federal protected leave (such as FMLA, PDL, CFRA, School leave, etc.), where this leave is not coordinated with another protected leave status, the following rules shall apply:
• Due to the scheduling complexities in a 24/7 facility, an employee may only use these leaves in increments of a full shift.
• Unless there is specific approval by the Police Chief, as applicable, these leaves must be used consecutively and not intermittently by eligible employees. • Unless there is an emergency need to use one of these leaves, these leaves may not be used to disrupt the shift bid for City paid holidays and the week surrounding those holidays, when vacation requests are high. For example, if an employee is not successfully able to SRPA MOU 20212024-20274 25
bid the week between Christmas and New Years through the shift bidding procedure, the employee will not be able to take PPL for that holiday week and bump someone who successfully bid for the week.
• If the department is operating with minimum staffing as described in the Patrol Staffing Directive, the Chief may temporarily suspend these benefits until staffing returns to minimum staffing levels.

5.4.10 Paid Parental Leave
Eligibility:

Effective July 1, 2024 any full time, regular or probationary employee who has been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for End of Life Care leave to provide end of life care for an immediate family member, which shall include an employee’s spouse, registered domestic partner, child, parent, sibling, parent, parent in-law(s), grandparent, or grandchild.

End of Life care may be used to provide support, assistance and care to an immediate family member, as defined above, who is receiving end of life services through hospice or a medical facility.

Benefit and Use:

1. Eligible employees shall receive 80 hours of End of Life Care leave to be used during their employment with the City for use to support an immediate family member near the end of life, as described above.

2. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused End of Life Care leave for which they were eligible. Further, if an employee leaves City employment and returns to City service later in their career, the employee shall receive any unused hours from their previous employment with the City but shall not be granted any additional hours of for End of Life Care Leave.

3. End of Life Care leave is based on the employee’s regularly scheduled hourly base wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.

4. End of Life Care leave shall be used in a block of continuous time or on an intermittent or reduced schedule. Intermittent leaves or reduced schedules must be arranged and approved by the employee’s supervisor in advance.

5. End of Life Care shall run concurrently with FMLA/CFRA. Eligible employees will be reinstated to the same or equivalent position in accordance with FMLA/CFRA protections. This may include altered assignments to accommodate the department’s operational needs when the employee is working a reduced work schedule.

6. An employee who is eligible for End of Life Care Leave but is on leave for other reasons cannot use PPL except as described in paragraph 5 above.

7. Use of this leave constitutes a “compelling personal situation during which time the employee was unable to work” under Article 6.4.4 of this MOU and the probationary period for any probationary employee who uses this leave shall be extended for the length of time the employee was off work using this leave.

SRPA MOU 20212024-20274 26
6 TERMS & CONDITIONS OF EMPLOYMENT

6.1 HOURS OF WORK/FLSA WORK PERIOD
The work period for personnel assigned to patrol is pursuant to a 21-day Section 207(k) of the FLSA, which begins and ends at 5:00 a.m. shift change. The work period for all other personnel is seven days, Sunday through Saturday of each calendar week, starting at midnight on the first day of the period and ending one minute before midnight on the last day of the period. An employee's normal total number of work hours per year shall be 2080 hours.

The parties may reopen negotiations during the term of the Agreement to negotiate the City’s administration of a new payroll system and/or changes made to comply with a 28-day FLSA work period.

Any changes to mandatory subjects of bargaining during the term of the MOU will be implemented subject to mutual agreement.

6.1.1 Alternate Work WeeksSchedules
Both parties agree that at the discretion of the Police Chief, alternative work schedules which include a total of 2,080 annual working hours, if mutually agreed to, may be implemented for designated periods of time for all represented employees for the lifetime of this MOU; any new alternative work schedule established during the term of this MOU shall initially be established on a six-month trial basis. During the trial period if there is a significant increase in overtime costs attributable to the trial plan, or significant increases in sick leave usage or workers compensation claims or reduced staffing due to injuries, illness, or vacancies, the department may opt to stop the trial alternative work schedule.

For illustration and definition purposes the following chart is prepared:

Schedule Definition
4-10 Four (4) consecutive ten (10) hour days with three (3) consecutive days off. 5-8 Five (5) consecutive eight (8) hour days with two (2) consecutive days off. 3-12 The standard work period will consist of 156 hours of work in a 28-day period, broken into thirteen (13) twelve (12) hour days. The standard work cycle consists of working alternately, three (3) consecutive days in a seven-day period, then four (4) consecutive days in a seven-day period. Each member will be given an extra twelve (12) hour day off during each 28-day period to ensure that no more than thirteen days are worked. This extra day off may be different for each employee on a given team to ensure adequate daily staffing. This extra day off will coincide with the employees’ regular days off. As a result of working 156 hours in each 28-day period instead of the standard 160 hours, each member will owe the City 4 hours. The City and the Police Association agree to allow each member to bank these 4 hours for three 28-day periods, for a total of twelve (12) hours. Each member would be required to pay back these hours by working a scheduled day off selected by the Department. The scheduled pay back would be for training or other assignments as required by the Department. 4-4 Four (4) consecutive ten (10) hour days with four (4) consecutive days off. Each employee will work three-hundred twenty (320) hours of work within an eight-week cycle.

The following Alternative work schedules are currently being used:

PATROL:

The shifts listed are basic shifts that must be filled in order to meet the minimum staffing levels. If an officer filling one of those shifts is absent for a period of a week or longer, another officer may be required to change shifts to fill the vacancy in accordance with the existing provisions of the MOU regarding changes of assignments.

The rosters anticipate a minimum of twenty-seven officers being assigned to patrol in a duty status in the indicated shifts. In the event twenty-seven officers are not available, the department may opt to return to five eight-hour shifts per week for all patrol officers.

SRPA MOU 20212024-20274 27
It is the department's intent to match staffing levels with calls for service. If calls for service change, the department may alter the hours of shifts to meet the change.

DETECTIVES:

A 4-10 or 5-8 plan for all detectives with the approval of the Bureau Commander.

FRONT OFFICE:

A system combining 5-8/4-10 for all front office Records Clerks.

COMMUNICATIONS DISPATCHERS:

1. Alternate Work Schedules for Communications Dispatchers include a 4-4 plan, a 4-10 plan or a 3-12 plan. Depending on department needs, some dispatchers may be assigned to work a 4-4 schedule while others may be assigned to a 4-10 schedule or a 3-12 schedule.

2. Under the 3-12 plan, Dispatchers will be required to work the following three-week schedule:

Week 1 - three (3) 12-hour days; Week 2 - three (3) 12-hour days; and Week 3 - four (4) 12- hour days. The fourth 12-hour day in Week 3 is to be determined by the Division Captain and Dispatch Supervisor as part of the rotation schedule.

3. Overtime shall be earned in accordance with the FLSA, meaning that: a) only actual work hours are counted toward overtime; b) only actual work over 40 hours in the City’s workweek are paid pursuant to FLSA requirements; and c) all actual work over 40 hours in the City’s workweek will be paid at a rate of 1.5 times the individual employee’s regular rate of pay.

4. Non-FLSA overtime will also be earned if a Dispatcher on a 3-12 schedule works over his or hertheir scheduled work day or work week (e.g. more than 12 hours on a single day or more than 36 hours in a work week where the employee was scheduled to work three (3) 12-hour shifts, or more than 48 hours in the work week in which the Dispatcher is scheduled to work four (4) 12-hour shifts). The City will use the premium portion of any non-FLSA overtime premium pay due in any specific workweek to offset any FLSA overtime premium due in the same work week.

The 3-12 Alternate Work Schedule will not have any impact on holiday pay, sick, and vacation accrual rates. However, any holiday, sick, and vacation days off will be deducted for the number of hours scheduled to work, i.e. a sick day under the 3-12 plan will result in the deduction of twelve (12) hours of sick time.

6.1.2 Shift Rotation
Both parties agree that at the discretion of the Police Chief, the starting dates for the rotation, if mutually agreed to, may be changed for a designated rotation for all represented employees for the life of this MOU.

For members of the Patrol Bureau and Information Services Bureau, the spring rotation shall begin on the Sunday nearest the 15th of March and the fall rotation shall begin on the Sunday nearest the 15th of September. If the members of the Patrol Bureau or Information Services Bureau are working a 3-12 schedule, which operates on three-week cycles, then the Spring rotation shall begin on the Sunday nearest to the 15th of March following a completed three-week cycle and the Fall rotation shall begin on the Sunday nearest to the 15th of September following a completed three-week cycle.

Sergeants assigned to Patrol may select their shift by seniority, within rank. This paragraph shall not apply to probationary Sergeants. Probationary Sergeants shall be assigned at the discretion of the Division Captain, and any remaining open Sergeant slots shall be filled by seniority, within rank.

Corporals assigned to Patrol may select their shift by seniority, within rank. This paragraph shall not apply to probationary Corporals. Probationary Corporals shall be assigned at the discretion of the Division Captain, and any remaining open Corporal slots shall be filled by seniority, within rank.

SRPA MOU 20212024-20274 28
Officers assigned to Patrol and not on probation may select their shift by seniority, within rank. This paragraph shall not apply to probationary Officers. Probationary Officers shall be assigned at the discretion of the Division Captain, and any remaining open Officer slots shall be filled by seniority, within rank.

Police Call Taker & Records Specialists work group working in the Records Unit will have the option to rotate three times per year: on the Sunday nearest the 15th of January; on the Sunday nearest the 15th of May; and on the Sunday nearest the 15th of September. This will begin at the September 2011 rotation. This practice will be at the discretion of the Chief of Police.

6.1.3 Patrol Briefing
Patrol briefing periods will be conducted within Patrol employees designated shifts.

6.1.4 Employee Break and Meal Periods
Employee break and meal periods are as follows:

Uniformed Patrol employees: One 15-minute break in first half of shift and one 45-minute meal period as scheduled and approved by the designated supervisor.

All other employees: One 15-minute break to be taken in the first half of the shift, one fifteen-minute break to be taken in the second half of the shift, and one 30-minute meal period as scheduled and approved by the designated supervisor. Combination of meal and break period must have prior supervisory approval.

No changes will be made in break and meal periods that would alter an employee’s regularly scheduled working time without the advance approval from the employee's supervisor.

Break and meal periods are paid time and, as such, departmental needs will take priority. In the event that work demands preclude an employee from taking his or hertheir break, and/or meal period, the employee will not be eligible for overtime compensation.

6.2 OVERTIME

6.2.1 Overtime
All represented employees who work overtime shall on forms provided by the Police Department designate whether they want the time accrued as compensatory time (C.T.) or paid as overtime at the rate of time and one-half. After initial selection (O/T pay vs. C.T.) if an employee wants to convert compensatory time to cash, or vice versa, the employee must submit a written request to the Police Chief and approval shall be at the discretion of the Police Chief.

Employees may accrue up to 200 hours of compensatory time at any time. Employees may use up to 120 hours of comp time each calendar year. Employees may take an additional 80 hours of comp time for the remainder of the year, however those 80 hours will fall under the single day vacation guidelines. Employees who have a comp time balance in excess of the 200-hour cap will receive pay in lieu of continued carrying of these hours from the City on the next available pay check. At the end of the calendar year, any unused accrued comp time may be carried over to the next calendar year and said balance would affect the employees’ ability to accrue additional comp time.

Before any Sergeant will be allowed to work an overtime shift replacing a beat officer, the overtime opportunity shall be posted for forty-eight (48) hours to allow officers to sign up. Only if officers fail to sign up, or the need to replace a beat officer arises with less than forty-eight (48) hours’ notice, will sergeants be given the opportunity to work overtime in place of an officer/corporal. This restriction shall not apply to special events or foot beat duty.

SRPA MOU 20212024-20274 29
Both parties agree that any changes in the overtime provisions of this MOU are subject to the meet and confer process.

All entry-level probationary employees shall not be allowed to accrue and bank any compensatory time until they have successfully completed their training program. Any overtime worked during their training program shall be paid at time and a half. This section does not apply to any employee that is promoted within the police department, and due to that promotion, is required to complete a training program. Promoted employees may elect to accrue and bank compensatory time or have such time paid at time and a half.

6.2.2 Requests for Compensatory Time Off
In the event that the granting of a request for compensatory time off creates one or more vacancies which bring the shift below the minimum staffing level or which otherwise needs to be filled, then the current practice will be utilized as follows: The supervisor will post the vacant slot(s) to be voluntarily back-filled with overtime. If one or more vacancies still exist then the supervisor will 1) assign personnel from the previous shift to hold over at the overtime rate, and/or 2) assign personnel from the following shift to report early at the overtime rate, and/or, in civilian work units, 3) assign personnel to work on their day(s) off.

All employees shall be granted compensatory time off when submitted at least 72 hours in advance of the requested time off. If an employee makes a request for compensatory time off with less than 72 hours advance notice and this request does not bring the shift below one above minimum staffing, then the employee shall be granted the time off. If the granting of the request would bring the shift to minimum staffing then the granting of the request would be at the discretion of the Police Chief or his designee.

Any comp time requests after an employee uses 120 hours in a calendar year will fall under the preexisting single day vacation guidelines. Employees may take up to 80 hours of additional comp time only if the following criteria are met:
• The comp time is selected 120 hours prior to the date to be taken. • The comp time does not cause the employee’s assigned shift to go below the minimum staffing requirements.
• The comp time may be denied between 120 and 71 hours in advance of the date to be taken if staffing is projected to fall below minimum staffing requirements due to additional employees using sick leave, comp time or for specific department needs. • If there are schedule changes due to additional employees using sick leave, comp time or other causes between 70 hours and the date to be taken, the department will honor the employee's comp time leave request and allow the employee to use the comp time.

6.3 SHIFT CHANGES
Changes in the days or hours of the regular work schedule of an employee shall entitle such employee to be additionally compensated at one-half (1/2) their hourly pay rate for each hour worked outside their regular schedule unless the City has given the employee a minimum of seven (7) full days (or 168 hours) advance notice of such a change. No advance notice to employees by the City of shift change shall be required and no additional compensation shall be paid when shift changes occur as a result of work related emergencies, i.e., multiple sicknesses, disabilities or injuries; an unplanned for vacancy or shortage occurring less than seven days in advance of the shift change if the employee is given a minimum of twelve hours advance notice or at the specific request of an employee. If a shift change is due to work related illness or accident, it shall be considered an emergency and no overtime will be paid.

Vacancies of less than one workweek will be filled by overtime rather than shift changes.

SRPA MOU 20212024-20274 30
This section shall not apply to personnel shortages arising from mutual aid requests, states of emergency declared by the Mayor, Board of Supervisors, Governor or the President or unplanned for critical incidents or situations of more than twenty-four hours duration.

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 Length of Probationary Period
The probationary period on original appointments shall be eighteen (18) months. The probationary period on promotional appointments shall be twelve (12) months for internal promotions from:
• Police Officer to Police Corporal
• Police Corporal to Police Sergeant
• Dispatcher to Lead Dispatcher
• Lead Dispatcher to Dispatch Supervisor
• Records Specialist/Call Taker to Records Supervisor
All other internal promotions shall be subject to an eighteen (18) month 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; except as otherwise provided for by the Public Safety Officers Bill of Rights Act, Government Code 3300, et.seq. for sworn officers, and as provided for in applicable existing case law concerning appeal rights/remedies of probationary employees.

6.4.4 Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work.

6.4.5 Notification of Rejection or Extension
Upon determining that a probationary employee's work is not satisfactory, the Police Chief shall notify the Human Resources Director in writing of his/hertheir intention to terminate the employee.

After discussion with the Human Resources Director, the Police Chief shall notify the employee in writing of the extension or rejection.

6.4.6 Regular Status
Regular status shall commence with the day following the expiration date of the probationary period.

6.4.7 Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a higher position classification provided the employee is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date.

6.4.8 Unsuccessful Passage of Promotional Probation
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An employee who does not successfully pass the promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/hertheir 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.

6.5 PERSONNEL RULES & REGULATIONS
Both parties agree to the most updated Personnel Rules and Regulations that exist on July 1, 2011 for the purposes of this agreement, which are available on the City’s intranet website. In the event that conditions appear in both the Rules and Regulations and the MOU, the MOU prevails.

6.5.1 Employer-Employee Resolution
The City and the Association agree to abide by the City of San Rafael's Employer-Employee Relations Resolution.

6.5.2 Drug and Alcohol Policy
The City and Association jointly recognize alcoholism and drug abuse as illnesses, which may be treatable. The parties are concerned regarding alcoholism and drug problems which cause poor attendance and unsatisfactory employment related performance, and/or which may pose a danger to employees or the public. Therefore, the City and Association endorse the concept of a drug free work place.

Possession, sale, use, or being under the influence of drugs or alcohol while on the job is strictly prohibited. Employees violating this policy are subject to discipline, up to and including termination.

When reasonable cause (relates to readiness and/or ability to perform job responsibilities) exists, the City may require employees to submit to a medical examination, including but not limited to a urine or blood analysis, to determine whether the employee is using drugs or alcohol. Said testing shall occur on City time and be paid for by the City. An employee’s failure to submit to a medical examination will be considered an act of insubordination, and therefore, subject to disciplinary action.

Depending on the circumstances causing the order for medical examination, employees testing positive may be subject to discipline, up to and including termination. Upon being informed that the employee tested positive, the employee may request a meeting with the Human Resources Director and the Police Chief to review the test results and provide the employee’s explanation for such results.

Employees are encouraged to voluntarily participate in the City sponsored employee assistance program (EAP). However, EAP participation may be a City-mandated alternative to disciplinary action arising out of a violation of the City’s drug and alcohol policy.

As a course of participating in the EAP on a mandated basis, an employee may be required to enter into a “return to work agreement,” with the City. Said agreement shall stipulate ongoing freedom from drug and/or alcohol use as a condition of continued employment.

Employees who seek voluntary assistance for alcohol and/or substance will not be disciplined for seeking such assistance. Requests from employees to the Police Chief for such assistance shall remain confidential and shall not be revealed to other employees or management personnel, who do not have a need to know, without the employee’s consent. Employees enrolled in substance abuse programs shall be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.

An employee who is disciplined/discharged for inappropriate alcohol and/or drug use may appeal such action pursuant to Section 7.3.2 of the Memorandum of Understanding.

6.5.3 Outside Employment Policy
SRPA MOU 20212024-20274 32
All employees of the Police Department should refer to City wide policy located on the City’s Intranet (https://intranet.cityofsanrafael.org) for policies and procedures related to outside employment.

6.5.4 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.

6.5.5 Wireless Communication Policy
Union members agree to adhere to the provisions of the City’s Wireless Communication Policy which is available on the City’s Intranet Website.

6.5.6 Medical Standards
Attachments to the City of San Rafael’s official job class specifications have been developed by Rehab 90 to describe the activity and frequency of the activities performed by the employee in the course and scope of their job classification. These descriptions are available for review by the employee’s treating physician to assist the physician in determining whether the employee is able to return to his/hertheir job after an absence due to an injury or illness.

6.5.7 Temporary Light Duty Policy Statement
The purpose of this temporary light duty program is to minimize the losses of productive time, while at the same time reintroducing the employee to work sooner to prevent deterioration of skills, facilitate recovery and reduce income loss. Light duty assignments will be structured so that employees are not placed in a duty status that would aggravate or reincur an injury or illness. Light duty assignments are to be limited to temporary periods and are not to be used to create a permanent light duty assignment.

1. Coverage
Any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness will be covered by this light duty program.

2. Determination/Required Reports
a. Light Duty assignments may be made following evaluation and determination by the Police Chief. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determination will also be based on the needs of the City and the impact of light duty departmental operations. b. After the initial report, updated medical reports shall be submitted to the Police Chief at twoweek intervals, or at other agreed upon intervals, for as long as the employee is off work.

Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether or not a light duty assignment has been made.
c. Reports will be evaluated by the Police Chief for purposes of continuing or terminating a current light duty assignment or to determine when to commence a light duty assignment.

3. Light Duty Assignments - Definitions/Restrictions
a. Light duty assignments may consist of reduced work hours, limited work or any combination thereof.
b. Light duty assignments will not adversely affect the employee’s normal wage rate or retirement benefits.
c. Light duty assignments will be within the employee’s assigned department and will involve work which is consistent with the duties of the employee’s classification.

SRPA MOU 20212024-20274 33
d. When feasible, light duty assignments will be during the employee’s normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee will be assigned light duty during normal office hours of 8:00 a.m. to 5:00 p.m. Monday through Friday.
e. Specific light duty assignments will be developed based upon a case-by-case review of the medical restrictions, so as not to aggravate or reincur an injury or illness. f. Employees will not be placed in light duty assignments that in the normal course of events will require that they provide direct field emergency response.

4. Holidays/Vacations
a. Holidays shall be observed in accordance with the light duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take the holiday off, so shall the light duty employee. If the employee is assigned to work hours on a work holiday, so shall the light duty employee. Compensation for holidays shall be in accordance with applicable Memorandum of Understanding or the Personnel Rules and Regulations.
b. Employees assigned to light duty shall take their assigned (selected) vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been enjoyed by the employee if they had remained on full duty. Employees may reschedule their assigned (selected) vacation with the approval of the Police Chief, provided the rescheduling does not result in increased costs or lost time to the City for relief personnel to cover the rescheduled vacation.

5. Return to Full Duty
Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of his or hertheir classification.

6.5.8 Reinstatement
Reinstatement after resignation shall be considered as new employment. Reinstatement may only be made upon request to the Police Chief if the individual has:

1. Left City service within the prior twenty-four (24) months. and

2. Left City service in good standing. Good standing shall be defined for the purposes of reinstatement as: "The employee having provided in writing to the Department two weeks’ notice of their resignation".

6.6 MISCELLANEOUS

6.6.1 Gratuities / Solicitation of Contributions
All employees of the Police Department should refer to Departmental General Orders for the policy and procedures related to gratuities/solicitation of contributions.

6.6.2 Return of City Equipment
Upon termination of employment, all City property assigned to an employee shall be returned to the employee’s supervisor.

6.6.3 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and Federal Law.

6.6.4 Employment of Relatives
SRPA MOU 20212024-20274 34
The City retains the right:

1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security or morale.

2. To refuse to place both parties to a relationship in the same Bureau or shift where such has the potential for creating adverse impact on supervision, safety, security, or morale or involves potential conflicts of interest.

6.6.5 Labor / Management Advisory Meetings
During the term of the Agreement, the City and the Association agree that consultation meetings may contribute to improved employer-employee relations.

The committee shall be comprised of three (3) representatives from the San Rafael Police Association and three (3) from City Management. The parties agree that committee members may change depending on the subject matter.

Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting.

6.6.6 Gym Membership Reimbursement
Employees are eligible to receive up to $50 reimbursement per month for paid gym memberships.

Such reimbursement shall be paid once per year by the City in a lump-sum check and reported as taxable income to the employee.

6.6.7 Public Safety Center Fitness Program
PURPOSE AND SCOPE:

The purpose of this policy is to establish guidelines for employees utilizing the Public Safety Center (PSC) fitness facility. The Department requires all those electing to use the PSC fitness facility to adhere to the conditions and policies as described in this policy. Persons who do not meet the conditions as described in this directive will be deemed to be engaging in activities outside the scope of their employment, and the City shall not have any liability for injuries or losses resulting from such activities. The City will not accept responsibility for injuries incurred as a result of recreational exercise/activities or competitive events.

PROCEDURES:

It is the position of the City to encourage a high level of physical fitness among police personnel. To assist employees in achieving this goal, the Department has implemented an on-duty work-out policy for all San Rafael Police employees.

A. On-Duty Participation:

1. On-duty participation is defined as one hour of on-duty time, a maximum of two days per workweek, for the purpose of exercise.
i. This time includes: 10 minutes to change, 40 minutes to exercise, and 10 minutes to shower and change.

B. Exercise time and use of the PSC fitness facility may not begin until the Waiver and Release of Liability form has been read, signed, and filled out for all employees.

C. Part-time employees may exercise in the PSC fitness facility during off duty time only.

D. Use of the Public Safety Center fitness facility by Participants:
1) All personnel, regardless of assignment, may use the PSC fitness facility for workouts between the hours of 0700hrs to 2200hrs.

SRPA MOU 20212024-20274 35
2) No more than one (1) on-duty employee from each workgroup will be allowed in the PSC fitness facility area at one time. For example, one officer, on dispatcher, one detective at a time.
3) There shall be no meals or snacks eaten in the PSC fitness facility; water or other workout drinks are acceptable.
4) All personnel using the PSC fitness facility shall wipe down all equipment after use and pick up any trash.

E. The PSC fitness facility is the only approved and authorized on-duty work out facility:
1) On duty exercise must take place within the PSC so employees can remain available for emergencies or return to their duty assignment in the event exigencies arise. Employees must be prepared to change into uniform without undue delay if necessary. 2) The PSC fitness facility is located on the second floor. This area is close to the sleeping quarters of the firefighters and police employees should respect the shared area appropriately.

F. Provisions of the on-duty exercise policy that are specifically related to personnel assigned to Patrol are as follows:
1) On duty exercise time shall be utilized in lieu of a meal break. Personnel participating in an on-duty work out will remain personally responsible for sustenance in their vehicle as time permits in the balance of their workload.
2) On-duty exercise time is approved by the Watch Commander or his/ her designee only when the shift is above minimum staffing. Due consideration must be given to staffing and activity levels. Exercise time may be canceled at the discretion of the Watch Commander (or designee). The Watch Commander's decision regarding on-duty exercise cannot be grieved.
3) No more than one (1) employee from patrol may exercise on-duty at any given time. When on-duty, there shall only be one (1) on-duty patrol officer in the workout room at a time. 4) A police radio shall be audible inside the PSC fitness facility any time patrol personnel are exercising. Patrol personnel shall respond to their call sign when called from communications.
5) Participants assigned to patrol wishing to use on-duty time for exercise must request the desired time at the beginning of the shift. Requests may also be made a shift in advance.

Seniority will be used to determine exercise times.
6) Reports and calls for service have priority over exercise time. No work-related assignments should remain pending while working out unless they can be completed in a timely manner without incurring overtime,
7) Personnel participating in on-duty workouts shall not be permitted to do so in conjunction with briefing at the beginning of their shift or proximate to the completion of their shift. Onduty workouts may only take place at the direction and with approval of the Watch Commander (or designee).
8) On-duty exercise time may not be taken on the last hour of the shift (as enumerated in section 7 of this section).
9) During Field Training, neither the Field Training Officer (FTO) nor the Officer in Training (OIT) may utilize the PSC fitness facility on-duty.

G. Employees are required to immediately report any injuries or serious illnesses while using the PSC fitness facility to their supervisor:

SRPA MOU 20212024-20274 36
H. Miscellaneous provisions of the on-duty exercise policy:
1) No exercise program hours will be carried over from one day to the next. 2) Performance issues, at the discretion of the Chief of Police, may be the basis for an individual being denied permission to participate in on-duty exercise. 3) Break periods (rest breaks) cannot be used to extend exercise time. 4) The provisions and implementation of this on-duty exercise policy will not be subject to challenge or grievance by employees.

INJURIES OR SERIOUS ILLNESSES:

Employees are required to immediately report all injuries or serious illnesses that require medical attention. Following such an injury, exercise privileges will be suspended immediately until further notice. Determination of when an injured participant may resume exercise activity will be at the discretion of the Chief of Police or his/hertheir designee following a complete review of the injury report. This determination will be based on the nature of the injury and the health/fitness needs of the individual.
a) An injured employee may be required to submit a memo detailing their injury/illness and obtain clearance in writing from the attending physician prior to resuming exercise activities. b) Once cleared to resume physical fitness activities, the injured participant will follow the exercise prescribed without deviation. Deviation from the prescribed exercise program may result in disqualification from using the PSC fitness facility on-duty and off-duty. c) Those participants whose injury/illness requires a "light duty" status may use the PSC fitness facility following a clearance by their attending physician. Exercise activity will be limited to the fitness program prescribed.
d) Failure to immediately report any injury or illness resulting from working out in the PSC fitness facility may result in loss of facility use privileges both on and off duty.

OFF DUTY EXERCISE BY EMPLOYEES:

Employees may use the PSC fitness facility during their off-duty time under the following guidelines:
a) Must read, sign, and submit the Waiver and Release of Liability form, which must then be authorized by the Chief of Police.
b) Exercise sessions are on off-duty time only and there is no limit to how many times one can use the facility.
c) Follow all safety rules.
d) Follow all guidelines as described in this policy.
e) Only SRPD employees are allowed to use the facility.

GENERAL SAFETY RULES:
a) Proper warmup and cooldown activities are to be performed before and after weight training and cardiovascular workout sessions.
b) All safety stops and mechanisms on exercise equipment must be properly adjusted before each use.
c) All weight plates must be removed from the lifting bar and returned to the proper storage rack immediately after use.
d) Proper athletic footwear and shirts must be worn while exercising in the PSC fitness facility.

SRPA MOU 20212024-20274 37
e) All injuries or exercise equipment needing repair should be reported to the Watch Commander immediately.
f) Spotters are required for all heavy lifting. If no spotters are available, no heavy lifting will be allowed.

PROGRAM LENGTH:
a) This will be a pilot program for six (6) months. At the end of the six months, the program will be evaluated by the Chief of Police to determine if the program should continue and/or be modified.
b) If at any time during the program the Chief of Police determines that it is detrimental to the functioning of the department, the Chief may cancel the program. The Chiefs decision to cancel the program will not be subject to challenge or grievance. 7 PROCEDURES

7.1 DEMOTION & SUSPENSION

7.1.1 Demotion
The Police Chief or designee may demote an employee when the following occurs:

A. The employee fails to perform his/hertheir required duties; B. The need for a position which an employee fills no longer exists; C. An employee requests such a demotion.

No employee shall be demoted to a classification for which he/shethey does not possess the minimum qualifications.

When the action is initiated by the Police Chief, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy filed with the Human Resources Director. 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 Police Chief or designee may suspend an employee from a position at any time for 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/hertheir 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 Police Chief and Human Resources Department.

7.2.2 Termination - Layoff
The Appointing Authority may terminate an employee because of changes in duties or organization, or abolition of position, or shortage of work or funds, or completion of work for which employment was made.

7.2.3 Termination - Disciplinary Action
SRPA MOU 20212024-20274 38
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.

7.3 DISCIPLINARY ACTION

7.3.1 Right to Discipline & Discharge
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, suspension resulting in loss of pay, transfer for purposes of punishment, and written reprimand.

The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging in strikes, individual or group slowdowns or work stoppages, or refusal to accept overtime, or for violating or ordering the violation of the Memorandum of Understanding.

The City may discipline or discharge an employee for the following:
a. Fraud in securing appointment.
b. Negligence of duty.
c. Violation of safety rules.
d. Unacceptable attendance record, including tardiness, overstaying lunch or break periods. e. Possession, Distribution or under the influence of alcoholic beverages, non-prescribed or unauthorized narcotics or dangerous drugs during working hours. f. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. g. Unauthorized soliciting on City property or time.
h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. i. Unacceptable behavior toward the general public or fellow employees or officers of the City. j. Falsifying employment application materials, time reports, records, or payroll documents or other City records.
k. Disobedience to proper authority.
l. Misuses of City property.
m. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations.
n. Disorderly conduct, participation in fights, horseplay or brawls. o. Dishonesty or theft.
p. Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action. q. Failure to perform to an acceptable level of work quality and quantity. r. Insubordination.
s. Other acts inimical to the public service.
t. Inability or refusal to provide medical statement on cause of illness or disability.

SRPA MOU 20212024-20274 39

7.3.2 Appeals
If an employee believes he or shethey has been unjustly disciplined/discharged, he or shethey shall have the right to appeal his or hertheir case through the appropriate procedure. A transfer for purpose of punishment not resulting in economic loss and a written reprimand shall only be appealable up to the level of the City Manager or “his/hertheir designee and not eligible for arbitration. Discharge/dismissal, demotion, reduction in salary, suspension resulting in loss of pay, and transfer for purposes of punishment resulting in economic loss shall be appealable up to the level of arbitration. Such appeal must be filed with the City Manager by the employee in writing within five (5) working days from the date of receipt of the notice of discipline/discharge letter and unless so filed the right of appeal is lost.

7.3.3 City Manager and Arbitration
The employee (Appellant) may request the appeal be heard by the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the employee (Appellant) shall meet promptly to select a mutually acceptable arbitrator, and to the extent possible for both parties the selection of the arbitrator should be made within 60 days of the request for arbitration. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City.

A hearing before the arbitrator shall be held within sixty days of the selection of the Arbitrator unless the mutually acceptable Arbitrator’s schedule does not so permit. The Arbitrator shall hear each party's case as presented during the hearing and shall subsequently have the power to affirm, reject, or provide a lesser form of discipline. Decisions of the Arbitrator on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City.

7.4 GRIEVANCE PROCEDURE

7.4.1 Definition
A grievance is any dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding.

7.4.2 Initial Discussions
Any employee who believes that he or shethey has a grievance may discuss his or hertheir complaint with the top management official in the Police Department or with such subordinate management official as the Police Chief may designate. If the issue is not resolved within five (5) working days in the Department, or if the employee elects to submit his or hertheir grievance directly to an official of the employee organization which is formally recognized as the representative of the classification to which he or shethey is assigned, the procedures hereafter specified may be invoked.

7.4.3 Referral to the City Manager
Any employee or any official of the employee organization which has been formally recognized by the City and which has jurisdiction over any position directly affected by the grievance may notify the City Manager and Police Chief in writing that a grievance exists, and in such notification, state the particulars of the grievance and, if possible, the nature of the determination which is desired. No grievance may be processed under Section 7.4.4 below which has not first been heard and investigated in pursuance of Section 7.4.2. A grievance which remains unresolved thirty (30) calendar days after it has been submitted in writing may be referred to the next step (see Section 7.4.4).

Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative.

7.4.4 City Manager and Arbitration
If the grievance is not resolved at the previous step, the grievant, the Association, or the City may, after completion of the previous step in the grievance procedure, submit the grievance by written notice to the City Manager. If arbitration is requested, representatives of the City and the Association shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a SRPA MOU 20212024-20274 40
court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. A hearing before the arbitrator shall be held within sixty days of the selection of the Arbitrator unless the mutually accepted Arbitrator’s schedule does not so permit, and the arbitrator shall render a decision, within sixty days of the completion of the hearing unless the Arbitrator’s schedule does not so permit, which is binding on the parties hereto, to the extent permitted by the Charter of the City.

7.4.5 No Abridgement of Other Rights of Appeal
The provisions of this grievance procedure shall not abridge on rights granted to employees under the City Charter or City ordinances, resolutions, rules and regulations providing other procedures for resolving disputes, except that an employee may not submit a grievance to an arbitrator in accordance with this grievance procedure if the employee has elected to use another procedure available under the City Charter or City ordinances, resolutions, rules and regulations for the resolution of his or hertheir grievance.

If an employee feels he or shethey has been unjustly discharged/disciplined, the employee shall have the right to appeal his/hertheir case pursuant to Section 7.3.2. Such appeals must be filed in writing within five (5) working days from date of receipt of the notice letter of discharge/discipline and unless so filed the right of appeal is lost, but, in the event that the dispute is carried to arbitration and that such employee is found to have been properly discharged/disciplined under the provisions of Article 7.3, such employee may not be ordered reinstated and no penalty may be assessed upon the Employer. The arbitrator shall not have the power to amend or modify either party's position; but shall rule on the merits of each party's case as presented during the hearing.

In addition to the arbitrators proposed by the State Mediation and Conciliation Service, the parties shall be free to select from a pool of arbitrators mutually agreed to by the City and the Association. The parties shall continue to meet and confer, after the adoption of this MOU on a mutually agreeable panel of arbitrators. Once agreed to the panel shall be identified by side letter to the MOU.

7.4.6 Pay Claims
All complaints involving or concerning payment of compensation shall be filed in writing and no adjustments shall be retroactive for more than thirty (30) days from the date of filing.

7.4.7 Matters Excluded from the Grievance Procedure of the Memorandum of Understanding In those cases where the matter concerns any rule or policy or administrative procedure of the City contained in the City Charter, the Personnel Ordinance, or the Personnel Rules and Regulations which are adopted pursuant to the City Charter, the appeal procedures contained therein shall be utilized.

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 REDUCTION IN FORCE

7.6.1 Notice
Employees designated for layoff or demotion due to a reduction in force shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be so notified.

7.6.2 Order of Layoff
SRPA MOU 20212024-20274 41
In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable, in the opinion of the City, to perform the work required. An employee laid off from City services prior to being rehired must pass the physical examination administered by a City-appointed physician and must pass the background check administered by the Police Department. The names of employees laid off shall be placed on a Reemployment Eligible List as hereinafter specified.

7.6.3 Re-Employment Eligibility List
The Re-employment Eligible List shall consist of the names of employees and former employees having probationary or permanent status that was laid off in that classification. The rank order on such list shall be determined by relative seniority as specified above. Such list shall take precedence over all other eligible lists in making appointments to the classification in which the employee worked.

Employees who did not complete their probationary period prior to being laid off; if re-employed must complete their probationary period. The employee may petition to the Police Chief for early release from this probationary period.

The name of any person laid off shall continue on the appropriate Re-employment Eligible List for a period of one (1) year after it is placed thereon. The names of any eligible employees on a Reemployment Eligible List shall be automatically removed from said list at the expiration of the appropriate period of eligibility.

SRPA MOU 20212024-20274 42
SAN RAFAEL POLICE ASSOCIATION: CITY OF SAN RAFAEL:

Peter Hoffmann
Lead Negotiator
Tim Davis, Lead Negotiator
Burke Williams & Sorensen

Zachary BrickellMichael Mathis
SRPA President
Sylvia Gonzalez-SheltonNicholas Biss
HR Operations ManagerPrincipal HR Analyst
Mark WilkinsonLynn Murphy
SRPA Representative
Thomas Wong
Analyst
Blake Delzell
SRPA Representative

Date Date
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 6.c
Meeting Date: May 20, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office/Human Resources
Prepared by: Angela Robinson Piñon,
Assistant City Manager
Marissa Sanchez, Human
Resources Director
City Manager Approval: ______________
TOPIC: SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH SAN RAFAEL FIREFIGHTERS’ ASSOCIATION (SRFA)
SUBJECT: RESOLUTION APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING

PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL FIREFIGHTERS’ ASSOCIATION (SRFA) (JUNE 1, 2024 THROUGH JUNE 30, 2027) RECOMMENDATION:

Adopt a resolution approving a successor memorandum of understanding (MOU) pertaining to compensation and working conditions for the San Rafael Firefighters’ Association (SRFA) beginning June 1, 2024, and ending June 30, 2027.

BACKGROUND:

The San Rafael Firefighters’ Association (SRFA) represents 68 employees in the San Rafael Fire Department, including 67 safety positions and one non-safety position. The most recent Memorandum of Understanding (“MOU”) for SRFA will expire on June 30, 2024. Over the past several months, representatives of the City and SRFA have met in good faith and worked diligently to negotiate the terms of a successor MOU. The City and SRFA signed a total package tentative agreement for a three-year successor MOU effective June 1, 2024, and SRFA membership ratified the proposal on May 15, 2024.

The City’s negotiations were informed by the following:
• Fiscal Sustainability and Predictability
o Revenue Assumptions
o Expenditure Assumptions
o Inflation and recession predictions
• Three-year MOUs
• Recruitment and Retention of Employees
o Vacancy and Attrition Rates
o Hard to fill job classifications
• Compensation of Comparable Agencies as Specified in the Current MOU SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Internal Equity and Compaction
ANALYSIS:

The following section summarizes the terms and significant economic items in the successor MOU between the City and SRFA. In addition to the economic items, some operational items were addressed in the final agreement.

1. Term of the Agreement: June 1, 2024, through June 30, 2027

2. Salary Increase (Section 3.1.1): All classifications in the bargaining group will receive a 3.0% general salary increase each year of the MOU. In addition, individual classifications will receive equity adjustments based on the labor market adjustment agreed to for each position. The total value of the salary increases applied across the bargaining group is as follows:
a. Year 1: The total value of a 6.91% base wage increase1 for the bargaining group, which includes equity adjustments ranging between 1%-5%
b. Year 2: The total value of a 6.39% base wage increase for the bargaining group, which includes equity adjustments ranging between 1%-3%
c. Year 3: The total value of a 6.77% base wage increase for the bargaining group, which includes equity adjustments ranging between 0%-2.5%
The salary schedule included in the attached MOU authorizes the proposed new salary range for each position.

3. Full Flex Cafeteria Plan (Article 4.2.1): To address rising healthcare costs and improve the City’s ability to recruit and retain employees and to improve the market position among comparator agencies, employees will receive an increase in their monthly Flex Dollar Allowance as noted below:

Health Tier Current Increase Effective
Dec 2024
Employee Only $ 801.64 $ 148.36 $ 950.00
Employee +1 dependent $ 1,294.79 $ 605.21 $ 1,900.00
Employee + Family $ 1,907.65 $ 492.35 $ 2,400.00
For the term of this MOU, on December 15, 2025 and December 15, 2026, the flex dollar amount shall increase up to a maximum of 5%, based on the Kaiser Bay Area premium rate increase. If the Kaiser Bay Area premium rate increase is between 10%-15%, the City and employees represented by SRFA will split the cost of the increase above ten percent (10%) evenly. Should the rate increase exceed 15%, the City and the Association agree to reopen the MOU to negotiate the employer’s contribution to healthcare. Upon expiration of the MOU, the flex dollar amount increase shall revert back to a maximum of 3%, based on the Kaiser Bay Area premium rate increase.

4. Out of Class Compensation (Section 3.3.4): Amended an existing provision to allow employees 1 The “total value” of a base wage increase is the total cost of the wage increase across all represented classifications and includes the cost of living salary increase and applicable equity adjustments.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
who meet the minimum qualifications of a higher rank to work “out of class” and receive increased compensation after working a minimum of four hours in that higher rank.

5. Bilingual Pay (Section 3.5.3): Increases compensation for employees fluent in a language other than English. Employees who demonstrate proficiency in speaking and writing a language may receive up to an additional $250.00 monthly.

6. Non-Economic Items: In addition to the items discussed above, an agreement was reached on other proposals, which reflect minor changes to existing provisions with no additional cost. The attached MOU includes all the changes agreed to by the parties. A brief overview of these negotiated MOU sections includes:
• Gender Neutral Language (Throughout MOU): Replaced references to “he,” “she,” “his,” and “hers” with “they,” “them,” and “their.”
• Paramedic Liaison (Section 3.4.2): Parties agree to meet and confer regarding possible modifications to Paramedic Liaison assignments.
• Uniform Allowance (Section 3.5.1): Removes the uniform brand name from the MOU and replaces it with “department-approved.”
• Holidays – Days Observed (Section 5.4.1): Incorporates side letter recognizing Juneteenth as a City holiday.
• Bereavement Leave (Section 5.5.7): Updated existing bereavement language to comply with changes in state law.
• Traumatic Incident Leave (Section 5.5.8): Allows the Fire Chief to authorize up to forty-eight hours of leave for an employee who has experienced a traumatic incident while on duty. • Paid Parental Leave (Section 5.5.9): Provides 300 hours (or 13 shifts) of paid parent leave for employees following the birth or adoption of a child. • End of Life Care Leave (Section 5.5.10): Provides up to 80 hours of paid leave for an employee who is providing care to a family member at the end of their life • Fire Captain Qualifications (Section 6.4.2): Cleans up language regarding the minimum qualifications for the rank of Fire Captain.
• Fire Captain – Administrative Duty (Section 6.4.3): Incorporates an existing side letter agreement that modified the duties of a Fire Captain working on an administrative assignment.
• Duration of Eligibility Lists (Section 6.4.5): Increases the duration of eligibility lists for entrylevel and promotional positions from twelve to twenty-four months. • Medical Expense Reimbursement Plan (6.10.8): Commits the City and SRFA to analyze the possibility of implementing a Medical Expense Reimbursement Plan by July 1, 2026.

FISCAL IMPACT:

The current total annual salary and benefit cost for the 68 employees of SRFA is $19,228,617. The additional ongoing incremental cost of the successor MOU beyond the fiscal year 2023-24 budget is:

Incremental
FY 2024-25
Incremental
FY 2025-26
Incremental
FY 2026-27
Wages:

Salary $707,588 $649,244 $686,476
Other Costs:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Pension* $462,321 $425,617 $450,849
Taxes (Medicare, WC) $ 69,023 $ 63,312 $ 66,923
Benefits $274,843 $ 71,537 $ 75,242
Total Annual Incremental Costs: $1,513,775 $1,209,709 $1,279,490 Total Over Term of Contract $4,541,325 $2,419,418 $1,279,490 $8,344,209
*This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged.

Over the term of the agreement, the contract costs are $8,344,209 for an effective date of June 1, 2024.

The increase in compensation included in this resolution is being reflected in the City’s FY2024/25 budget and updated budget projections Funding for these positions is provided for within the City’s General Fund (73%) and EMS/Paramedic Tax Special Revenue Fund (27%).

OPTIONS:

The City Council has the following options to consider in this matter:
• Adopt the resolution
• Adopt resolution with modifications.
• Direct staff to return with more information.
• Take no action.

RECOMMENDED ACTION:

Adopt a resolution approving a successor memorandum of understanding (MOU) pertaining to compensation and working conditions for the San Rafael Firefighters’ Association (SRFA) beginning June 1, 2024, and ending June 30, 2027.

ATTACHMENTS:

1. Resolution with attached MOU between the City of San Rafael and the San Rafael Firefighters’ Association for June 1, 2024, to June 30, 2027 (and all attachments)

2. Draft MOU with tracked changes
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SAN RAFAEL FIREFIGHTERS’

ASSOCIATION (SRFA) PERTAINING TO COMPENSATION AND WORKING CONDITIONS (JUNE 1, 2024 THROUGH JUNE 30, 2027)
WHEREAS, the City of San Rafael and representatives of SRFA have met and conferred in good faith 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 (“MOU”) pertaining to the three-year period from June 1, 2024, through June 30, 2027, has been ratified by SRFA members.

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 San Rafael Firefighters’ Association (SRFA) shall utilize the MOU for the period beginning June 1, 2024, attached hereto, as the official document of reference respecting compensation and working conditions for employees represented by SRFA.

Section 2: The schedules describing classes of positions and salary ranges are attached to said MOU and, together with the MOU itself, are hereby adopted and shall be attached hereto and incorporated in full.

I, Lindsay Lara, 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 the 20th of May 2024, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk

MEMORANDUM OF UNDERSTANDING
between

CITY OF SAN RAFAEL
and
SAN RAFAEL FIREFIGHTERS’ ASSOCIATION
I.A.F.F., LOCAL 1775
JUNE 1, 2024 - JUNE 30, 2027
SRFA MOU 2024-2027 2
This Page Intentionally Left Blank
SRFA MOU 2024-2027 1

TABLE OF CONTENTS
1 GENERAL PROVISIONS .......................................................................................................5

1.1 RECOGNITION ................................................................................................................................5

1.1.1 Association Recognition ..............................................................................................................5

1.1.2 City Recognition...........................................................................................................................5

1.2 NON-DISCRIMINATION ....................................................................................................................5

1.2.1 In General ....................................................................................................................................5

1.2.2 Association Discrimination...........................................................................................................6

1.3 Inspection of Memorandum of Understanding.............................................................................6

1.4 Existing Laws, Regulations & Policies.........................................................................................6

1.5 STRIKES & LOCKOUTS ...................................................................................................................6

1.6 SEVERABILITY ...............................................................................................................................6

1.7 Full Understanding, Modification, Waiver....................................................................................6

1.7.1 Joint Representation....................................................................................................................6

1.7.2 Waiver & Modification..................................................................................................................6

1.7.3 Effective Dates.............................................................................................................................7

1.8 Joint Study on Service Delivery Models and Reopener Option...................................................7 2 MMBA.........................................................................................................................................7

2.1 ASSOCIATION RIGHTS ....................................................................................................................7

2.1.1 Advance Notice of Change..........................................................................................................7

2.1.2 Dues Deduction ...........................................................................................................................8

2.1.3 Release Time...............................................................................................................................8

2.1.4 Association Access to Work Locations........................................................................................9

2.1.5 Association Office Space.............................................................................................................9

2.1.6 Conduct of Business....................................................................................................................9

2.1.7 Association Meetings...................................................................................................................9

2.1.8 Association Orientation of New Employees.................................................................................9

2.1.9 Employee Information..................................................................................................................9

2.2 MANAGEMENT RIGHTS .................................................................................................................10 3 COMPENSATION..................................................................................................................11

3.1 TOTAL COMPENSATION ................................................................................................................11

3.1.1 Salary Increases ........................................................................................................................11

3.1.2 Compensation Goal & Definitions..............................................................................................11

3.1.3 Compensation Surveys..............................................................................................................12

3.1.4 Pay Schedule.............................................................................................................................12

3.1.5 Fair Labor Standards Act...........................................................................................................12

3.2 EDUCATIONAL INCENTIVE .............................................................................................................12

3.2.1 Thirty (30) College Units Fire Science.......................................................................................12

3.2.2 AA Degree Fire Science ............................................................................................................12

3.2.3 EMT I .........................................................................................................................................13

3.2.4 Other Job-Related Courses.......................................................................................................13

3.3 OUT OF CLASS COMPENSATION ...................................................................................................13

3.3.1 Firefighters and Firefighter-Paramedics ....................................................................................13

3.3.2 Fire Engineers ...........................................................................................................................13

3.3.3 Fire Captains .............................................................................................................................13

3.3.4 Out of Class Compensation.......................................................................................................13

3.4 SPECIALTY COMPENSATION .........................................................................................................14

3.4.1 Paramedic Certification..............................................................................................................14

3.4.2 Paramedic Liaison .....................................................................................................................14

3.4.3 EMT I Ambulance Drivers..........................................................................................................14

3.4.4 ALS Transport Units ..................................................................................................................14

3.4.5 BLS Transport Unit ....................................................................................................................14

3.5 OTHER COMPENSATION ...............................................................................................................15 SRFA MOU 2024-2027 2

3.5.1 Uniform Allowance.....................................................................................................................15

3.5.2 Call-Back Pay ............................................................................................................................15

3.5.3 Bilingual Pay ..............................................................................................................................15 4 BENEFITS...............................................................................................................................16

4.1 JOINT BENEFITS COMMITTEE........................................................................................................16

4.2 HEALTH & WELFARE....................................................................................................................16

4.2.1 Full Flex Cafeteria Plan .............................................................................................................16

4.2.2 Life Insurance and Accidental Death & Dismemberment..........................................................17

4.2.3 Retirees Health Insurance .........................................................................................................17

4.2.4 Contributions into Retiree Health Savings Account (RHSA) .....................................................18

4.2.5 Deferred Compensation Plan ....................................................................................................18

4.2.6 Flexible Spending Account (125 Plan) for Health & Dependent Care Expenses Reimbursement 18 4.3 DENTAL PLAN..............................................................................................................................19

4.3.1 Dental Plan ................................................................................................................................19

4.4 RETIREMENT................................................................................................................................19

4.4.1 Retirement Contribution.............................................................................................................19

4.4.2 Additional Pension Funding.......................................................................................................19

4.4.3 Retirement Plans .......................................................................................................................19 5 SICK LEAVE...........................................................................................................................20

5.1.1 Accrual.......................................................................................................................................20

5.1.2 Sick Leave Usage......................................................................................................................20

5.1.3 Sick Leave Service Credit Option..............................................................................................21

5.1.4 Sick Leave Payoff upon Termination of Employment................................................................21

5.2 VACATION LEAVE.........................................................................................................................21

5.2.1 Policy Statement........................................................................................................................21

5.2.2 Rate of Accrual ..........................................................................................................................21

5.2.3 Vacation Accrual Cap ................................................................................................................22

5.2.4 Vacation Accrual when on 4850 Leave .....................................................................................22

5.2.5 Vacation Relief...........................................................................................................................22

5.3 Leave Conversion to Hour for Hour...........................................................................................23

5.3.1 Accrued Balance Conversion ....................................................................................................23

5.3.2 Sick and Vacation Leave Usage................................................................................................23

5.3.3 Hourly Rate for Leave Payoff.....................................................................................................23

5.3.4 Vacation and Sick Leave Accrual Conversion...........................................................................23

5.4 HOLIDAYS....................................................................................................................................23

5.4.1 Days Observed ..........................................................................................................................23

5.4.2 Holiday Pay................................................................................................................................24

5.4.3 Holiday Routine .........................................................................................................................24

5.5 OTHER LEAVE .............................................................................................................................24

5.5.1 Court Appearance......................................................................................................................24

5.5.2 Jury Duty....................................................................................................................................25

5.5.3 Military Leave.............................................................................................................................25

5.5.4 Workers’ Compensation / Industrial Injury Leave......................................................................25

5.5.5 Family Medical Leave / California Family Rights Act ................................................................25

5.5.6 Catastrophic Leave....................................................................................................................25

5.5.7 Bereavement Leave...................................................................................................................25

5.5.8 Traumatic Incident Leave ..........................................................................................................26

5.5.9 Paid Parental Leave ..................................................................................................................26

5.5.10 End of Life Care Leave..............................................................................................................28 6 TERMS & CONDITIONS OF EMPLOYMENT...........................................................................29

6.1 HOURS OF WORK.........................................................................................................................29

6.1.1 Work Schedule / Established Work Week .................................................................................29

6.1.2 Shift Trade Policy.......................................................................................................................29

6.2 OVERTIME ...................................................................................................................................29 SRFA MOU 2024-2027 3

6.2.1 Overtime ....................................................................................................................................29

6.2.2 Contract Overtime......................................................................................................................30

6.2.3 Maximum Continuous Hours of Work........................................................................................30

6.3 EMD-CERTIFICATION...................................................................................................................30

6.4 SELECTION PROCESS...................................................................................................................30

6.4.1 Promotional Recruitments .........................................................................................................30

6.4.2 Fire Captain Qualifications.........................................................................................................30

6.4.3 Fire Captain – Administrative Duty ............................................................................................31

6.4.4 Rule of Three .............................................................................................................................32

6.4.5 Duration of Eligibility Lists..........................................................................................................32

6.5 CAREER DEVELOPMENT PROGRAM ..............................................................................................32

6.6 PROBATIONARY PERIOD...............................................................................................................33

6.6.1 Purpose of Probation.................................................................................................................33

6.6.2 Periodic Probationary Evaluation ..............................................................................................33

6.6.3 Length of Probationary Period...................................................................................................33

6.6.4 Rejection During Probation........................................................................................................33

6.6.5 Extension of Probationary Period ..............................................................................................33

6.6.6 Notification of Extension or Rejection........................................................................................33

6.6.7 Regular Status ...........................................................................................................................33

6.6.8 Promotion of Probationary Employee........................................................................................33

6.6.9 Unsuccessful Passage of Promotional Probation......................................................................33

6.7 TRANSFERS / REASSIGNMENTS ....................................................................................................34

6.7.1 Types of Transfers.....................................................................................................................34

6.7.2 Minimum Qualifications & Probation..........................................................................................34

6.7.3 Station Transfers .......................................................................................................................34

6.8 STAFFING LEVELS........................................................................................................................34

6.8.1 Constant Staffing .......................................................................................................................34

6.8.2 Minimum Staffing .......................................................................................................................34

6.8.3 Hiring Additional Personnel .......................................................................................................34

6.8.4 Paramedic Staffing ....................................................................................................................35

6.9 PERSONNEL RULES & REGULATIONS............................................................................................35

6.9.1 Wireless Communication Policy ................................................................................................35

6.9.2 Drug & Alcohol Policy ................................................................................................................35

6.9.3 Outside Employment Policy.......................................................................................................35

6.9.4 Use of Fire Apparatus for Shopping ..........................................................................................35

6.9.5 Light Duty Policy Statement.......................................................................................................36

6.9.6 No Smoking / Tobacco Use Policy ............................................................................................36

6.9.7 Grooming Standards..................................................................................................................36

6.10 MISCELLANEOUS .........................................................................................................................36

6.10.1 Safety Committees ....................................................................................................................36

6.10.2 Management & Miscellaneous Positions...................................................................................37

6.10.3 Medical Standards .....................................................................................................................37

6.10.4 Physical Fitness Program..........................................................................................................37

6.10.5 Association Meetings with the Fire Chief...................................................................................39

6.10.6 Shared Services ........................................................................................................................40

6.10.7 Gym Reimbursement.................................................................................................................40

6.10.8 Medical Expense Reimbursement Plan.....................................................................................40 7 PROCEDURES .......................................................................................................................40

7.1 DEMOTION...................................................................................................................................40

7.1.1 Demotion....................................................................................................................................40

7.2 TERMINATION OF EMPLOYMENT....................................................................................................40

7.2.1 Resignation................................................................................................................................40

7.2.2 Termination - Layoff (Lack of work or funds).............................................................................40

7.2.3 Termination - Disciplinary Action ...............................................................................................41

7.2.4 Termination During Probation....................................................................................................41

7.2.5 Retirement .................................................................................................................................41 SRFA MOU 2024-2027 4

7.3 DISCIPLINARY ACTION..................................................................................................................41

7.3.1 Definition....................................................................................................................................41

7.3.2 Authority.....................................................................................................................................41

7.3.3 Causes for Disciplinary Action...................................................................................................41

7.3.4 Appeal of Disciplinary Action .....................................................................................................42

7.3.5 Arbitration (Disciplinary Action) .................................................................................................42

7.4 GRIEVANCE PROCEDURE .............................................................................................................42

7.4.1 Definition....................................................................................................................................42

7.4.2 Initial Discussions ......................................................................................................................43

7.4.3 Referral to City Manager............................................................................................................43

7.4.4 Arbitration (Grievance)...............................................................................................................43

7.5 REDUCTION IN FORCE ..................................................................................................................43

7.5.1 Authority.....................................................................................................................................43

7.5.2 Notice.........................................................................................................................................43

7.5.3 Order of Layoff...........................................................................................................................43

7.5.4 Seniority.....................................................................................................................................44

7.5.5 Bumping Rights .........................................................................................................................44

7.5.6 Transfer Rights ..........................................................................................................................44

7.6 RE-EMPLOYMENT ........................................................................................................................44

7.6.1 General Guidelines ....................................................................................................................44

7.6.2 Right to Re-Employment............................................................................................................44

7.6.3 Time Limits.................................................................................................................................44

7.6.4 Availability..................................................................................................................................45

7.6.5 Probationary Status ...................................................................................................................45

7.6.6 Restoration of Benefits ..............................................................................................................45

LIST OF EXHIBITS
Exhibit A Salary Schedules for June 1, 2024 – June 30, 2027 Exhibit B San Rafael Firefighters’ Association Represented Benchmark and Internal Relationships
Exhibit C San Rafael Fire Department Drug and Alcohol Testing Policy and Procedures Exhibit D Firefighters Outside Employment Policy
Exhibit E Memorandum from Liebert Cassidy Whitmore regarding Firefighters Memorandum of Understanding & Firefighters Bill of Rights Exhibit F Side Letter, Chief Officer Suppression Qualifications Exhibit G Side Letter, Acting Captain Requirements
SRFA MOU 2024-2027 5

MEMORANDUM OF UNDERSTANDING
between

CITY OF SAN RAFAEL
and
SAN RAFAEL FIREFIGHTERS’ ASSOCIATION, I.A.F.F., LOCAL 1775 The San Rafael Firefighters’ Association, I.A.F.F., Local 1775, and representatives of the City of San Rafael have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in the representation unit specified in Chapter 1, have exchanged freely information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and the employer/employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500, et seq.) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the San Rafael City Council as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing June 1, 2024, or the first full pay-period after Council ratification of a new MOU, whichever occurs later, and ending June 30, 2027. When ratified by the City Council, this Memorandum of Understanding shall be binding upon the San Rafael Firefighters’ Association, I.A.F.F., Local 1775, the employees it represents, and the City of San Rafael.

As used throughout this Memorandum of Understanding, the pronoun designations “they” or “their” is intended to be applicable to both the male and female gender. 1 GENERAL PROVISIONS

1.1 RECOGNITION

1.1.1 Association Recognition
The San Rafael Firefighters’ Association, I.A.F.F., Local 1775, hereinafter referred to as the “Association” is the recognized employee organization, as defined by Government Code Section 3501, (b), for all employees in classifications represented by the Association, said classifications being set forth in Exhibit A.

1.1.2 City Recognition
The Municipal Employee Relations Officer of the City of San Rafael or any person or organization duly authorized by the Municipal Relations Officer, is the representative of the City of San Rafael, hereinafter referred to as the “City” in Employer-Employee relations, as provided in Resolution No. 12189 adopted by the City Council on February 5, 2007.

1.2 NON-DISCRIMINATION

1.2.1 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, perceived sexual orientation, gender, gender expression, gender identity,, marital SRFA MOU 2024-2027 6
status, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history) or physical or mental disability.

Any employee who believes they are being discriminated against should refer to the City of San Rafael’s Harassment Policy for the process of receiving an internal administrative review of their complaint. This administrative procedure shall be used as the internal complaint procedure in lieu of the grievance procedure outlined in this MOU (Chapter 7).

1.2.2 Association Discrimination
No member, official, or representative of the Association shall, in any way, suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of the Association.

1.3 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Association 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.

1.4 EXISTING LAWS, REGULATIONS & POLICIES
This Memorandum is subject to all applicable laws.

1.5 STRIKES & LOCKOUTS
During the term of this Memorandum of Understanding, the City agrees that it will not lock out employees, and the Association agrees that it will not agree to, encourage, or approve any strike or slow down growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement.

1.6 SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal or 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.

1.7 FULL UNDERSTANDING, MODIFICATION, WAIVER

1.7.1 Joint Representation
The parties jointly represent to the City Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein.

1.7.2 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 for a proposed Memorandum of Understanding between the parties to be effective on or after June 1, 2027.

SRFA MOU 2024-2027 7

1.7.3 Effective Dates
This Agreement will be in effect from June 1, 2024, or the first full pay-period after Council ratification of a new MOU, whichever occurs later, through June 30, 2027. It shall be automatically renewed from year to year thereafter unless either party shall have notified the other, in writing, at least sixty (60) days prior to the annual anniversary of the above date that it desires to modify the Memorandum. In the event that such notice is given, negotiations shall begin no later than thirty (30) days prior to the anniversary date.

1.8 JOINT STUDY ON SERVICE DELIVERY MODELS AND REOPENER OPTION The Association and Department Management Staff agree to participate in a joint study to analyze the service delivery models related to the ALS and BLS provisions in the MOU set forth in section 3.4.4 and 3.4.5. The joint study will review the following:
a. Potential benefits or detriments of alternative delivery models such as a BLS pilot program including the research and consider the creation of a Part-time Medical Technician Job Classification including establishing a minimum set of training standards including physical standards (feeder network for internally developed ALS candidates) b. Assessing overtime costs
c. Assessing force hires
d. Assessing trend on service levels (for purposes of this criteria, service levels means response times to calls for service and maintaining effective response force consistent with Department policies)
e. Assessing the need for mutual aid
f. Safety of the public and Department personnel
g. Staffing levels
h. Cost analysis of any options
i. Assessing SOPs
j. Assessing ALS candidate pool trends for ALS hires
k. Establish criteria for downgrading a call from an ALS call to a BLS call. l. Any other relevant criteria
The parties will complete the study and document the findings in a report no later than June 30, 2022. The report will be provided to the City Manager for review. Should an outside agency be used to assist the study, the agency would have to be mutually agreed upon by SRFA and the City. Opening the MOU to address the findings of the study would require the mutual agreement of the SRFA and the City.
2 MMBA

2.1 ASSOCIATION RIGHTS

2.1.1 Advance Notice of Change
Except in cases of emergency, reasonable advance written notice shall be given the Association of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, and any Board or Commission, or SRFA MOU 2024-2027 8
any Department and the Association shall be given the opportunity to meet and confer with the City and Representatives prior to adoption. In cases of emergency, when the City Council determines that an ordinance, rule, policy, resolution or regulation must be adopted immediately without prior notice or meeting with the Association, the City shall provide such notice and opportunity to meet and confer at the earliest practical time following the adoption of such ordinance, rule, policy, resolution or regulation. A copy of any such ordinance, rule, policy, resolution or regulation shall be provided to the association together with the notice required by this Section, whenever possible.

2.1.2 Dues Deduction
Payroll deduction for membership dues shall be granted by the City to the Association.

The following procedures shall be observed in the withholding of employee earnings:

1. Payroll deductions shall be for a specified amount in uniform as between employee members of the Association and shall not include fines, fees and/or assessments. Dues deductions shall be made only upon the employees’ written authorization.

2. Authorization, cancellation or modifications of payroll deduction shall be made upon forms provided or approved by the City Manager or their designee. The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until canceled or modified by the employee by written notice to the City Manager or their designee. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the classification to which such employees are assigned.

3. Amounts deducted and withheld by the City shall be transmitted to the officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.

4. The employee’s earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When an employee is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings, nor will the employee deposit the amount with the City which would have been withheld if the employee had been in a pay status during that period.

5. In the case of an employee who is in a non-pay status during a part of the pay period, if the salary is not sufficient to cover the full withholding, no deductions shall be made. In this connection, all other required deductions have priority over the employee organization deduction.

6. The Association shall file with the City an indemnity statement wherein the Association shall indemnify, defend, and hold the City harmless against any claim made and against any suit initiated against the City on account of check-off of Association dues, assessments and other payments to the Association. In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

2.1.3 Release Time
The City shall allow a reasonable number of Association representatives who are official representatives of the Association be given time off without loss of compensation or other benefits when formally meeting and conferring with representatives of this City on matters within the scope of representation. One hundred forty-four (144) hours per calendar year shall be SRFA MOU 2024-2027 9
provided for union release time, apart from MMB activity, with ten days advance notice and approval of the Fire Chief. Once approved, hours will be deducted from this total on an hour for hour basis per representative. Except by mutual agreement, the number of Association representatives excused for such purposes shall not exceed three (3) at any one time, per the approval process outlined above.

2.1.4 Association Access to Work Locations
Reasonable access to employee work locations shall be granted to officers of the Association and officially designated representatives of the Association for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation, which are to be discussed with City representatives. Access may be restricted so as not to interfere with the normal operations of Department or with established safety or security requirements.

2.1.5 Association Office Space
The Association shall be allowed office space on City property at a mutually agreed upon location, with telephone service maintained at the expense of the Association.

2.1.6 Conduct of Business
Consultations between the City and the Association, for discussion of grievances and for negotiations between the City and Association representatives normally will be conducted during regular working hours. Association representatives who are on duty will be allowed to participate in such meetings.

Association officers are authorized reasonable time during on-duty hours to process employee complaints or grievances, and to conduct negotiations with management at the local level.

2.1.7 Association Meetings
The Association shall be able to use Fire Department facilities for meetings provided space and time are available. All meetings using Fire Department facilities must have prior approval of the Fire Chief or their designee. Employees and companies normally covering the first in district where any such meeting is being held will be allowed to attend provided, they remain ready and available to perform their duties. Association officers and employees who have business to present at the meeting but are assigned to other stations will be allowed to attend meetings.

Arrangements for this purpose will be the same as routine department cover-ins, provided that the Association and Duty Chief both determine the resulting coverage meets acceptable emergency response safety standards.

2.1.8 Association Orientation of New Employees
Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Association, the City will inform the employee, as soon as possible, of the terms and provisions of this Memorandum of Understanding and will provide said employee with a copy of the current Memorandum of Understanding. The City shall make available two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Association. In addition, the City will also provide reasonable advance notice to the Association of all employee orientations conducted by the City.

2.1.9 Employee Information
The City shall provide the Association with the name, job title, department, work location, work, home and personal cell phone numbers, home address and personal email address on file with SRFA MOU 2024-2027 10
the City for all employees within the Association every 120 days. In addition, a report with similar information of each Association new hire will be provided to the Association within 30 days of the hire date.

2.2 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 to contract for or subcontract any work or operation of the City.

9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments.

10. To relieve employees from duties for lack of work or similar non-disciplinary reasons.

11. To establish and modify organizational productivity and performance programs and standards.

12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations, the Firefighters Procedural Bill of Rights and this Memorandum of Understanding.

13. To determine job classifications and to reclassify employees.

14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Memorandum of Understanding and the City’s Rules and Regulations.

15. To determine policies, procedure and standards for selection, training and promotion of employees.

16. To establish employee performance standards including but not limited to, quality and quantity standards; and to require compliance therewith.

17. To maintain order and efficiency in its facilities and operations.

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement.

19. To take any and all necessary action to carry out the mission of the City in emergencies.

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The City and Association 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 act, and/or Federal law, the City shall have the duty to meet and confer with the Association regarding the impact of its decision/exercise of rights.
3 COMPENSATION

3.1 TOTAL COMPENSATION

3.1.1 Salary Increases
First Year compensation increases will take effect the pay period including June 1, 2024 or the first full pay period following Council ratification of a new MOU, whichever occurs later:

Year 1:
• All classifications – 3.0% general salary increase June 1, 2024 • Firefighter Paramedic – 3.5% equity adjustment (6.5% total increase) on June 1, 2024 • Fire Engineer – 5.05% equity adjustment (8.05% total increase) on June 1, 2024 • Fire Captain – 3.55% equity adjustment (6.55% total increase) on June 1, 2024 • Fire Mechanic – 1.0% equity increase (4.0% total increase) on June 1, 2024 Year 2:
• All classifications – 3.0% general salary increase July 1, 2025 • Firefighter Paramedic – 3.0% equity adjustment (6.0% total increase) on July 1, 2025 • Fire Engineer – 3.0% equity adjustment (6.0% total increase) on July 1, 2025 • Fire Captain – 3.0% equity adjustment (6.0% total increase) on July 1, 2025 • Fire Mechanic – 1.0% equity adjustment (4.0% total increase) on July 1, 2025 Year 3:
• All classifications – 3.0% general salary increase July 1, 2026 • Firefighter Paramedic – 2.5% equity adjustment (5.5% total increase) on July 1, 2026, and a 1.0% general salary increase on January 1, 2027
• Fire Engineer – 2.5% equity adjustment (5.5% total increase) on July 1, 2026, and a

1.0% general salary increase on January 1, 2027
• Fire Captain – 2.5% equity adjustment (5.5% total increase) on July 1, 2026, and a 1.0% general salary increase on January 1, 2027

3.1.2 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 Association in an amount equal to the following:

1. The average, plus one dollar, of the total compensation paid to the same or similar classifications in the following ten (10) cities/districts: Alameda, Alameda County, Fairfield, Hayward, Napa, Novato Fire District, Santa Rosa, Southern Marin, South San Francisco, and Vallejo; AND,

2. The highest total compensation paid to the same or similar classifications in agencies in Marin County.

Total Compensation for survey purposes shall be defined as: Top step base hourly pay rate (excluding longevity pay steps), educational incentive pay, EMT 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, SRFA MOU 2024-2027 12
employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.

3.1.3 Compensation Surveys
To measure progress towards the above-stated goal, the City will survey the benchmark position, Firefighter-Paramedic before February of the final year of this contract.

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 having similar job duties, qualifications, class and grade compared to the Association’s benchmark position. The City and the Association may identify other city/agency positions to be included in San Rafael’s compensation survey upon similar duties, qualifications, class and grade to those set out in Exhibit B of this MOU.

Survey data will include all salary and benefit increases, as defined in 'total compensation', in place or to be effective no later than February 1 of that same year. The City and the Association shall review the benchmark and related survey data for accuracy and completeness.

3.1.4 Pay Schedule
During the term of this Agreement, the parties may reopen negotiations on the City’s proposed change of the payroll schedule for suppression personnel from 24 pay cycles per year to payment after each twenty-four day FLSA 207(k) work period, which would be approximately 15 pay cycles per year. Any changes to mandatory subjects of bargaining during the term of the MOU will be implemented subject to mutual agreement.

3.1.5 Fair Labor Standards Act
The Parties shall continue to discuss changes to ensure the City’s compliance with the FLSA.

The Parties understand that the City has the management right to administer its payroll system in compliance with the law and also understand that all impacts of any resulting changes to employee compensation must be negotiated with SRFA.

3.2 EDUCATIONAL INCENTIVE
To increase the educational level of the employees in the Fire Department, and to assist in the recruitment of public safety members into the fire service, the City shall pay an educational incentive in accordance with the following:

3.2.1 Thirty (30) College Units Fire Science
Employees who have completed their first year of full-time service with the San Rafael Fire Department and have successfully completed 30 accredited college units of Fire Science or Fire Technology shall receive additional compensation amounting to 2.5% of their base hourly pay rate. Lateral hires with at least 1 year of full-time Firefighter experience with another agency will be eligible for this incentive upon hire.

3.2.2 AA Degree Fire Science
Employees who have completed their first year of full-time service with the San Rafael Fire Department and who possess an A.A. or A.S. degree in Fire Science or Fire Technology shall receive additional compensation amounting to 5% of their base hourly pay rate. Lateral hires with at least 1 year of full-time Firefighter experience with another agency will be eligible for this incentive upon hire.

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3.2.3 EMT I
Employees who have completed their first year of full-time service with the San Rafael Fire Department and who have successfully completed and who maintain an EMT I certification, accredited by the State of California or State Fire Marshal’s Office, shall receive an additional compensation amounting to 2.5% of their base hourly pay rate. EMT I re-certification training shall be conducted on duty at times determined by the Fire Chief.

If an employee fails to maintain a valid EMT - 1, said employee shall lose their 2 .5% incentive pay. All non-paramedic line employees hired on or after March 7, 1994 shall be required to possess and maintain a valid EMT - 1 certificate as a condition of employment.

3.2.4 Other Job-Related Courses
It is agreed that college course work other than those specified in “3.2.1.” and “3.2.2.” completed by non-safety members of the department may be deemed to be job-related by the Fire Chief to qualify for the 2.5% or 5.0% educational incentives. This is provided in lieu of “3.2.1.” or “3.2.2.” but will not preclude an employee from receiving “3.2.1.” or “3.2.2.” It is agreed that an employee shall receive not more than one (1) educational incentive. Educational incentive for non-safety members of the department shall not exceed 5.0% exclusive of EMT incentives.

3.3 OUT OF CLASS COMPENSATION
When safety employees work out of their normal classification, they will be compensated and governed by the following rules:

3.3.1 Firefighters and Firefighter-Paramedics
All firefighters and firefighter-paramedics with one and one-half (1.5) years or more of line service (line service is defined as active participation as a member of an Engine, Truck Company or Medic Unit working a standard 24 hour work schedule with the City of San Rafael Fire Department) who provide documentation which proves that they meet the eligibility requirements to take the Engineer’s promotional examination are eligible to work out-of-class as an Engineer.

All firefighters and firefighter-paramedics with four (4) years or more of line service (line service is defined as active participation as a member of an Engine, Truck Company or Medic Unit working a standard 24 hour work schedule with the City of San Rafael Fire Department) who provide documentation which proves that they meet the eligibility requirements to take the Captain’s promotional examination are eligible to work out-of-class as Captain.

3.3.2 Fire Engineers
All Engineers who provide documentation which proves that they meet the minimum eligibility requirements to take the Captain’s promotional examination are eligible to work out-of-class as a Captain.

3.3.3 Fire Captains
All Fire Captains who meet the eligibility requirement to take the Battalion Chief-Operations promotional exam may work out of class as Battalion Chief-Operations.

3.3.4 Out of Class Compensation
When qualified employees are filling a vacancy to work out of their normal classification as an acting Engineer, Captain, or Battalion Chief for 4 hours or greater, they will be compensated hour-for hour, to the nearest half hour, at the same step as their regular position, (example: an Engineer at Step D acting as Captain will be paid Step D Captain wages).

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3.4 SPECIALTY COMPENSATION

3.4.1 Paramedic Certification
Fire Captains and Engineers are not eligible for the Paramedic compensation. Fire Captains, Engineers and Firefighter-Paramedics are eligible for an A.C.L.S. incentive equal to 2.5% of their base hourly pay rate in lieu of the E.M.T. incentive (applicable only to those employees who have completed their first year of full-time service). Lateral hires with at least 1 year of fulltime Firefighter experience with another agency will be eligible for this incentive upon hire.

All fees and continuing education expenses associated with license maintenance will be reimbursed by the City upon verification of completion of the required training.

3.4.2 Paramedic Liaison
The Paramedic liaison and Assistant Paramedic liaison will be selected by those individuals assigned Paramedic duty and will serve for a minimum of one (1) year and a maximum of two (2) years. The individual selected as the Paramedic Liaison will receive $200.00 per month premium pay over and above their base hourly pay rate while serving in this capacity. The individual selected as the Assistant Paramedic liaison will receive $100 per month premium pay over and above their base hourly pay rate while serving in this capacity. Individuals may serve more than the 2 year maximum if no other candidates accept a nomination and run for the position.

The Parties agree to reopen this Article and Section to meet and confer regarding modifications to the Paramedic liaison and Assistant Paramedic assignments including duties, selection process and compensation to address operational issues within the Department.

3.4.3 EMT I Ambulance Drivers
EMT-1 drivers shall receive a ten-dollar ($10.00) bonus for each shift, full or partial that they are assigned to drive either ambulance. Regular assignment to the paramedic unit as an EMT-1 shall be voluntary. Non-voluntary assignment to the paramedic unit as an EMT-1 shall be made to cover absence of members regularly assigned to the unit. Association members cannot refuse assignments to staff the paramedic ambulance.

3.4.4 ALS Transport Units
The Fire Department operates three ALS transport units. Two full-time ALS units will be staffed with two (2) Firefighter EMT-P. The “cross-staffed” ALS unit will be staffed with a minimum of one (1) Firefighter EMT-P and one (1) EMT Captain, Engineer, or Firefighter. The cross-staffed unit operates from a fire station that will be decided at the discretion of the Fire Chief and may vary on different platoons. Captain or Engineer EMT-Ps may volunteer to staff an ALS ambulance.

The Department will utilize an available fourth ALS Transport Unit at the discretion of the onduty Battalion Chief or on-duty Fire Captains as needed to maintain adequate service levels.

The City shall have the right to deploy ALS Transport Units where needed as determined by the Fire Chief.

3.4.5 BLS Transport Unit
The department may deploy a BLS Transport Unit during the term of this agreement. The management and operational procedures related to this unit will be resolved through negotiations with the Department’s Management Staff and the Association.

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3.5 OTHER COMPENSATION

3.5.1 Uniform Allowance
Uniform members of the Fire Department shall receive a uniform allowance in the amount of $567.50 at the completion of each six months of service ending May 31 and November 30.

Uniform member employees shall receive a pro-rated amount during the first and last six months of service of $94.58. Effective January 1, 2009 the City shall provide all new hire uniform members with 1 shirt and 1 pair of pants at the time of appointment. When needed, a maximum of 1 shirt and 1 pair of pants per year will be replaced by the City for all members.

The uniform shall consist of Department-approved pants and the Department-approved Nomex uniform shirt. Fire Association members will be responsible for purchasing all other uniform related product with the uniform allowance provided. When uniform members leave employment, all shirts and pants will be returned to the department.

Fire administration will work with the Fire Association to identify 2 vendors for boot purchase.

During odd numbered years, employees will be eligible for 1 pair of boots and will be responsible for any boot cost exceeding $160.

3.5.2 Call-Back Pay
Employees covered by this Memorandum of Understanding shall be paid at a rate of time and one-half of the affected employee’s regular hourly rate. Whenever an employee is asked to continue their work past the scheduled duty day or is called back to unscheduled duty by the Department. In such cases, a minimum of two hours callback pay shall be paid.

3.5.3 Bilingual Pay
Job performance in classifications represented by the Association 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 the Fire Chief for this bilingual incentive pay. At the recommendation of the Fire Chief, the employee may begin to receive this bilingual pay incentive.

Criteria for approval of the bilingual pay incentive by the Fire Chief 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. Fire Chief'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.

Employees who have been approved for the bilingual pay incentive and are required in the performance of their duties to converse with the public in a language other than English shall receive an additional $200.00 per month above their base salary.

Employees who also translate official written documents to or from a language other than English shall receive an additional $50.00 for a total of $250.00 per month above their base salary.

This bilingual pay incentive shall be reviewed annually and shall continue as long as the employee demonstrates (by work experience or re-testing) the full fluency skill level; and as long as the Fire Chief indicates the value of this skill to the department and the employee in the SRFA MOU 2024-2027 16
completion of their regular work assignments. Removal of the bilingual pay incentive would be considered a non-disciplinary action.
4 BENEFITS

4.1 JOINT BENEFITS COMMITTEE
Both parties agree to continue to utilize the Joint Benefits Committee for on-going review of benefit programs, cost containment, and cost savings options. The committee shall be made up of representatives of Miscellaneous, Supervisory, Police, Fire 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 shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan.

The monthly flex dollar allowance includes the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution hereby referred to as the PEMHCA minimum contribution for an Employee, an Employee & One Dependent or an Employee & Two or More Dependents.

Effective July 1, 2024, the monthly flex dollar allowances shall be:

For employee only: $ 801.64
For employee and one dependent: $1,294.79
For employee and two or more dependents: $1,907.65
The monthly flex dollar allowance effective the first paycheck in December 2024 shall be:

For employee only: $ 950.00
For employee and one dependent: $1,900.00
For employee and two or more dependents: $2,400.00
Flex Dollar Increases for this MOU Term
Effective December 15, 2025, and December 15, 2026, the flex dollar allowances shall increase on the December 15th paycheck up to a maximum of five percent (5.0%) on an annual basis. If the Kaiser Bay Area premium rate increase is less than five percent (5.0%), the flex dollar allowance shall only increase the amount of the Kaiser Bay Area premium increase. In the event that the Kaiser Bay Area premium rate increase for the upcoming calendar year exceeds ten percent (10%) and is less than fifteen percent (15%), the City and the employee will split the cost of the increase above ten percent (10%) evenly; each paying 50% of the dollar value of the increase between 10-15%. In the unlikely event that the Kaiser Bay Area premium rate increases for the upcoming calendar year in 2026 or 2027 to an amount exceeding fifteen percent (15%), the City and the Association agree to reopen the MOU to negotiate the employer’s contribution to healthcare. The parties agree that this provision will sunset upon the expiration of the MOU.

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Upon the expiration of the MOU, flex dollar allowances shall increase on the first paycheck on December 15, 2027, unless superseded by another agreement, up to a maximum of three percent (3.0%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year.

The monthly flex dollar allowance may be used in accordance with the terms of the cafeteria plan to purchase medical insurance, taken in the form of cash to contribute to a deferred compensation (457) plan.

Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive $300 monthly Opt-Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan.
3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage.

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, other legislation or Federal and/or California agency guidance.

4.2.2 Life Insurance and Accidental Death & Dismemberment The City pays 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.

Members of the Firefighters Association may choose to subscribe to a long-term disability (LTD) plan other than that offered by the City as long as there is no cost to the City.

4.2.3 Retirees Health Insurance
Employees represented by the Association who retire from the Marin County Retirement System are subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans and 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. Employees hired on or before January 1, 2010
The City shall make a monthly retiree health insurance payment on behalf of employees hired before January 1, 2010 and who retire from the City of San Rafael as described in this Section.

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The City’s monthly payment shall be the difference between the premium cost of coverage minus the PEMHCA minimum contribution. The City’s total payment (PEMHCA minimum contribution plus additional cost of retiree premiums) shall not exceed $557 per month. The City’s retiree health insurance contribution shall continue for the lifetime of the retiree and retiree’s spouse, in accordance with PEMHCA eligibility provisions for coverage.

B. Employees hired by the City 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, 4.2.3 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.

4.2.4 Contributions into Retiree Health Savings Account (RHSA) For employees hired on or after January 1, 2010, the City shall make a contribution each pay period into a Retiree Health Savings Account (RHSA) equal to 2.0% of top Step FirefighterParamedic base hourly pay for the pay period. Each eligible employee will make a contribution in the same amount each pay period as a payroll deduction. In the event an employee’s salary is not sufficient to contribute the 2.0%, no City or employee contribution will be made until such time as the employee’s salary is sufficient to make the contribution.

This contribution will occur each pay period beginning the month after the employee has been hired.

4.2.5 Deferred Compensation Plan
Over the course of this Agreement, the City will provide up to two deferred compensation plan providers, as allowed under the Internal Revenue Code Section 457. Costs of the plan are solely the responsibility of employees. No City contributions are provided for employees, except under the Payback provision identified in subsection 4.2.1 of this Memorandum of Understanding.

4.2.6 Flexible Spending Account (125 Plan) for Health & Dependent Care Expenses Reimbursement
The City will continue to offer a Flexible Spending Account (Section 125 Plan) pursuant to the IRS Code. Flexible Spending Accounts offered by the City include:
a. Out-of-pocket medical expenses that qualify under the IRS Code effective January 1, 2013 at IRS Code limit, not to exceed $2,500.
b. Dependent care expenses that qualify under the IRS Code at the IRS Code limit (currently $5,000 for calendar year 2006).
c. Excess Medical premiums shall be deducted from employee’s pay with pre-tax dollars as long as such deduction is allowable under the applicable IRS Code.

The City shall establish an annual enrollment period for the Flexible Spending Account and each employee must re-enroll if they wish to participate in the FSA for the following calendar year. The City shall have the authority to implement changes to the FSA programs to comply with changes in applicable IRS laws without having to go through the meet and confer process.

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4.3 DENTAL PLAN

4.3.1 Dental Plan
a. The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20 cost sharing after deductible) per calendar year per person, with a $75 deductible limit per family; and orthodontic care (50/50 cost sharing).
b. The dental plan shall provide for an 80/20 cost sharing for basic services such as casts, crowns and restorations. Major services such as bridgework and dentures are covered using a 50/50 cost sharing formula.
c. The City will pay the entire premium cost for such a dental plan and shall pay the entire cost for any premium rate increases occurring during the term of this agreement. d. The calendar year benefit for each eligible, enrolled member is $1,500 per calendar year. Orthodontic benefits remain unchanged and are limited to those dependents up to the age of 19 and subject to a $1,000 per person, per lifetime benefit.

4.4 RETIREMENT

4.4.1 Retirement Contribution
Bargaining unit members shall pay the full share of the employee’s contribution to the Marin County Retirement System.

Member Cost of Living Rates. Bargaining unit members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of member’s 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).

4.4.2 Additional Pension Funding
Effective the pay period including September 1, 2013, each member shall pay an additional

1.0% of pensionable compensation to the Marin County Employee Retirement Association through a payroll deduction to help fund pension. This deduction shall be made on a pre-tax basis to the extent allowed by law.

4.4.3 Retirement Plans
On January 1, 2007, the City shall provide the Marin County Employee Retirement Association 3% at 55-retirement program to all safety members, as defined under the 1937 Act Government Code Section 31664, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This is based on an employee’s single highest year of compensation with a 3% COLA benefit cap.

On January 1, 2007, the City shall provide the Marin County Employee Retirement Association

2.7% at 55-retirement program to all miscellaneous members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This is based on an employee’s single highest year of compensation with a 3% COLA benefit cap.

Safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 3%@55, calculated based on the average of their highest consecutive three years of compensation, with a 2% COLA benefit cap.

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Miscellaneous employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their highest consecutive three years of compensation, in accordance with MCERA regulations. The annual pension adjustment will be a maximum of 2% COLA.

Safety employees hired on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2.7% @ 57 plan for Safety members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee.

Miscellaneous employees hired on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee.
5 SICK LEAVE

5.1.1 Accrual
Each eligible full-time employee working a 56-hour work week shall earn sick leave credits at the rate of twelve (12) hours per month. Represented employees working a 40-hour work week shall continue to earn sick leave credits at the rate of eight (8) hours per month.

All eligible full-time employees shall earn sick leave credits at the rates specified above, commencing with the date of employment. Unused sick leave may be accumulated to any amount, but a cap exists for payoff purposes (see Section 5.1.4). The sick leave accrual rate is prorated for eligible part time employees.

5.1.2 Sick Leave Usage
An employee eligible for sick leave with pay will be granted such leave with approval of the department head for the following purposes:
a. Personal illness of the employee or illness within the immediate family (immediate family under subsection 5.1.2 a is defined as employee’s spouse, registered domestic partner, dependent children, grandparent, grandchild, sibling and/or employee’s parents or parent-in-laws) or physical incapacity of the employee resulting from causes beyond the employee’s control; or
b. Enforced quarantine of the employee in accordance with community health regulations; or
c. In the event of a death or critical illness in the immediate family, an employee may, upon proper notification, be allowed to be granted an absence up to five (5) consecutive calendar days (combining duty and off duty days), using sick leave as needed during this period of absence, for such a circumstance either in or out of state. Where such death SRFA MOU 2024-2027 21
or critical illness has occurred, the employee will be expected to furnish satisfactory evidence of the situation to the Fire Chief if requested. The employee may request, and on approval of the Department Head, receive additional sick leave hours off in the event of such a death or critical illness in the immediate family. The immediate family is defined as spouse, children, parents, grandparents, brothers or sisters.

Except that in a. and b. above, an employee may not use sick leave for a work-related injury and/or illness once said employee has been determined permanent and stationary. The Association acknowledges the Fire Chief’s right to investigate sick leave abuse.

5.1.3 Sick Leave Service Credit Option
Employees who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after July 1, 1999, and within 120 days of leaving City employment (excludes deferred retirement), shall receive employment service credit, for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours said employee is eligible to receive and elects to receive in compensation at the time of retirement, pursuant to Section

5.1.4 - Sick Leave Payoff).

5.1.4 Sick Leave Payoff upon Termination of Employment
Upon termination of employment by resignation, retirement or death, employees who leave the municipal service in good standing shall receive compensation of all accumulated unused sick leave, based upon the rate of two percent (2%) of each year of service to a maximum of fifty percent (50%). The maximum accrual limits for sick leave payoff purposes are 1,200 hours for employees working a 40-hour work week and 1,680 hours for employees working a 56-hour work week. Sick leave payoff would be subject to a maximum of 600 hours for 40-hour per week employees and 840 hours for 56-hour per week employees, subject to the 2% per year formula noted above.

5.2 VACATION LEAVE

5.2.1 Policy Statement
Four (4) members per shift shall be allowed off on vacation during all days of the calendar year except for those sets of shifts containing a designated holiday as defined in Section 5.4.1 and including December 24th and 31st. For sets of shifts containing a holiday, three (3) members shall be allowed off on vacation. Vacation shall be administered in accordance with current Fire Department policy, which is incorporated into this MOU by reference of this statement.

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 rate shown in the charts below:

For 40-hour per week employees

MONTHS OF SERVICE ACCRUAL PER YEAR ACCRUAL PER PAY
PERIOD
0 – 35 months 10 days or 80 hours 3.33 hours
36 – 119 months 15 days or 120 hours 5.0 hours
120 – 179 months 20 days or 160 hours 6.66 hours
180+ months 25 days or 200 hours 8.34 hours
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For 56-hour per week employees

MONTHS OF SERVICE ACCRUAL PER YEAR ACCRUAL PER PAY
PERIOD
0 – 35 months 5 shifts or 120 hours 5.0 hours
36 – 119 months 7.5 shifts or 180 hours 7.5 hours
120 – 179 months 10.0 shifts or 240 hours 10 hours
180+ months 12.5 shifts or 300 hours 12.5 hours

5.2.3 Vacation Accrual Cap
During each calendar, year employees will be limited (capped) in the number of vacation hours they can accrue.

No employee may accrue more than 250 hours for 40-hour per week employees and 396 hours for 56-hour per week employees. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable cap limit.

Employees may, for special situations, i.e., extended medical leave, request an increase in their cap. Each request will need to be in writing, submitted through the department, and received the approval of the Fire Chief and the City Manager. Such requests would be reviewed on a case-by-case basis and would be evaluated based on the reason for the request and be consistent with the provisions of the MOU. This additional vacation accrual could not exceed one-half of the employee’s regular annual vacation accrual. In no case would the addition of vacation accrual over the cap be extended beyond one additional year.

In the event that one or more City holidays falls within an annual vacation leave, such holidays shall not be charged as vacation leave, unless the employee is on a schedule to be paid for designated holidays in lieu of days off.

Upon termination, an employee shall be compensated in cash at their current rate of pay for any vacation accrued but not taken, up to the maximum accrual cap, provided that the employee has successfully completed their initial probationary period.

5.2.4 Vacation Accrual when on 4850 Leave
While on 4850 leave, if an employee exceeds the maximum vacation accrual (250 for 40 hours/week employees or 396 for 56 hours/week employees) they will be bought down to 200 vacation hours for 40-hour employees and 300 vacation hours for 56-hour employees. This buy-down will occur when the employee returns to regular duty and will be documented via a Personnel Action Report (PAR). The buy-down will not prevent employees from participating in the vacation conversion program. Once the employee’s hours have been bought down the employee will then continue to accrue vacation hours at their regular rate.

5.2.5 Vacation Relief
Beginning January 2005, the City converted to the constant staffing model and was no longer hiring vacation relief positions. Should the City wish to return to using vacation relief, following meeting and conferring with the Firefighter’s Association on the implementation of such change, primary selection for vacation relief will occur annually and will be voluntary based on seniority (those employees in the Firefighter job class with the most seniority in the Fire Department will have the first opportunity to sign up for vacation relief.

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If through the above reference voluntary selection process the department is unable to identify an adequate number of firefighters for this annual assignment employees will be assigned by the department using a least senior (seniority within the Fire Department) procedure.

Employees volunteering and/or being assigned to the vacation relief assignment must have completed two years with the San Rafael Fire Department as a safety member. At no time will there be more than two (2) Firefighter/Paramedics per shift assigned to Vacation Relief.

Those employees assigned to this annual vacation relief assignment shall be paid $125.00 per month.

No employee shall serve more than three (3) consecutive years on vacation relief. After three (3) years of not serving on vacation relief, such employee may then work up to three (3) consecutive years on vacation relief.

5.3 LEAVE CONVERSION TO HOUR FOR HOUR

5.3.1 Accrued Balance Conversion
On January 1, 1995, each employee covered by this Memorandum of Understanding working a regularly scheduled 24-hour shift schedule had their current balances of accrued sick leave hours and accrued vacation leave hours multiplied by a factor of 1.5. The resulting figures then became each employee’s new accrued balances of sick and vacation leave.

5.3.2 Sick and Vacation Leave Usage
Each employee covered by this Memorandum of Understanding shall have one (1) hour of sick leave or one (1) hour of vacation leave, as appropriate, deducted from their accrued balance for each hour of leave used during any reportable 24-hour period.

5.3.3 Hourly Rate for Leave Payoff
Effective with the conversion to hour for hour reporting, the hourly rate used for leave payoff purposes shall be based on 2080 annual work hours for represented job classes working a 40 hour work week and 2920 annual work hours for represented job classes working a 24-hour shift schedule.

5.3.4 Vacation and Sick Leave Accrual Conversion
When a member moves from a 24-hour shift schedule to a 40-hour work week, accrued vacation and sick hours will be multiplied by 0.714 to determine new vacation and sick leave balances.

When a member moves from a 40-hour work week to a 24-hour shift schedule, accrued vacation and sick hours will be multiplied by 1.4 to determine new vacation and sick leave balances.

Vacation and sick leave accrual for employees on a 40-hour work week will be at the rates outlined (per pay period) in the MOU for 40-hour work week employees.

5.4 HOLIDAYS

5.4.1 Days Observed
Employees covered under this Memorandum of Understanding shall be entitled to the following holidays:

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January 1st New Year’s Day
Third Monday in January Martin Luther King Day
February 12th Lincoln’s Birthday
Third Monday in February Washington’s Birthday
March 31st Cesar Chavez Birthday
Last Monday in May Memorial Day
June 19th Juneteenth
July 4th Independence Day
September 9th Admission Day
As observed by the City of San Rafael Veteran’s Day
As observed by the City of San Rafael Thanksgiving Day
As observed by the City of San Rafael Day after Thanksgiving December 25th Christmas Day

5.4.2 Holiday Pay
All twenty-four hour shift employees covered under this Memorandum of Understanding are entitled to additional straight time compensation for every holiday in Section 5.4.1 that they are employed with the City. Straight time or straight hourly rate is defined as base hourly rate plus eligible premium pays. Compensation will be paid in the pay period in which the holiday occurs.

The holiday pay formula for each holiday will be based on the employee’s straight hourly rate multiplied by twelve hours. The holiday pay amount will be factored into the regular rate of pay for FLSA overtime.

All 40-hour week employees shall receive an 8-hour paid day-off or shall be paid one hour of additional straight time for each hour worked on the holidays listed in Section 5.4, in addition to 8 hours of holiday compensation at the straight hourly rate.

For both 40-hour work week employees and 56-hour work week employees, in order to be eligible for compensation for the paid holiday, the employee must both be in paid status on the day before the holiday and on the day after the holiday. Paid status shall include any payroll status except Leave Without Pay.

5.4.3 Holiday Routine
Holiday routine shall apply to New Year’s Day, Martin Luther King Day, Presidents’ Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, the day after Thanksgiving and Christmas. In addition to the emergency responses, the holiday routine shall consist of the normal daily emergency preparedness, routine maintenance of facilities and equipment and the related administrative work, and participation in public education or community events.

5.5 OTHER LEAVE

5.5.1 Court Appearance
Employees required to appear in court or other official hearings shall be granted a leave of absence with pay from their assigned duty until released by the Court. Employees required to appear in Court or other official hearings other than during their regular tour of duty shall receive a minimum of four (4) hours pay calculated at one and one-half times the employee’s base hourly pay rate. Employees shall appear in Class A uniform. The Fire Department, when informed, shall provide appearance information for the employees. This information shall be SRFA MOU 2024-2027 25
made available, if known, by 6:00 p.m. on the last court day preceding the scheduled appearance date of the employee. Employees will be responsible for calling the dispatcher after 6:00 p.m.

5.5.2 Jury Duty
Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duty until released by the court. The employee shall notify their employer in advance when summoned for jury duty. If the employee is a shift employee and is selected to serve on a jury, said employee shall not be required to perform duty during non-court hours until released by the court.

5.5.3 Military Leave
Military leave as defined in State law shall be granted to any regular employee.

All employees entitled to Military Leave shall give the Fire Chief a reasonable opportunity, within the limits of military regulations, to determine when such leave shall be taken.

5.5.4 Workers’ Compensation / Industrial Injury Leave
Safety employees shall be governed by the provisions of Section 4850, et seq. of the Labor Code. Non-safety employees shall be governed by applicable state law and City Rules and Regulations. Refer to Section 5.1.2. for qualifications regarding use of accrued sick leave.

5.5.5 Family Medical Leave / California Family Rights Act Family leave shall be granted in accordance with the Federal FMLA of 1993 and the CFRA of 1991. Requests for Family leave are submitted to the Fire Chief for approval and reviewed by the Human Resources Director for consistency with the law prior to approval.

5.5.6 Catastrophic Leave
Effective July 1, 2008 Association members have agreed to adhere to the provisions of the City’s Catastrophic Leave Policy which is available on the City’s Intranet website.

5.5.7 Bereavement Leave
In the event of the death of an employee's spouse, registered domestic partner, child, parent, sibling, parent in-law(s), sibling in-law(s), grandparent, grandchild or a 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 and two days unpaid for 40 hour per week represented employees (2 shifts for 56 hour per week employees) of paid bereavement leave within the state and up to five (5) days for 40 hour per week represented employees (2 shifts for 56 hour per week employees) of paid bereavement leave may be granted to attend an out of state funeral. For any unpaid bereavement days, the employee may elect to use other accrued leaves. All bereavement leave must be exhausted within 3 months of the date of the death of the family member.

In those cases where the death involves an individual other than immediate family, who had such a relationship with the employees, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Fire Chief as part of the request for bereavement leave.

The above bereavement clause shall also apply in the event of a reproductive loss for an employee. The City agrees to maintain employee confidentiality related to the reproductive loss leave.

SRFA MOU 2024-2027 26

5.5.8 Traumatic Incident Leave
At the discretion of the Fire Chief, an employee who has experienced a traumatic incident while on duty may be granted up to the remainder of their regular assigned set (up to forty-eight hours), or the remainder of their overtime shift (up to twenty-four hours) to address the mental and/or physical impacts of the incident. Traumatic incident leave granted to an employee under this provision shall not exceed forty-eight (48) hours.

5.5.9 Paid Parental Leave
Eligibility:

Effective July 1, 2024, any full-time, regular, or probationary employee who has been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for Paid Parental Leave (PPL) to use within 12 months of the following eligible events:

1. Birth of a child of the employee, the employee’s spouse, or the employee’s domestic partner.

2. Placement of a child with the employee for adoption.

For the purposes of PPL, the definition of “parent” and “child” are as defined by the California Family Rights Act.

The City Manager may authorize, upon the recommendation of the Fire Chief, an exception to the eligibility provisions, when it is, in their opinion, necessary in order to hire or retain qualified personnel. In these circumstances, the benefit will be prorated based on the number of months employed.

Benefit and Use:

1. Eligible employees shall be granted 13 shifts of PPL leave for members on a 56-hour work week and 300 hours for members on a 40-hour work week to use within 12 months of the qualifying event for the purposes of disability due to pregnancy and/or baby/child bonding.

Regular part-time employees shall be eligible for a prorated number of PPL hours, based on scheduled and budgeted FTE.

2. PPL is based on a 12-month rolling calendar. No more than 13 shifts for a member on a 56- hour work week, or 300 hours for members on a 40-hour work week may be used in any 12- month period. PPL may not be used or extended beyond the 12-month time frame and any accrued and unused PPL will be forfeited at the end of the 12-month period for the qualifying event.

3. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused PPL for which they were eligible.

4. PPL is based on the employee’s regularly scheduled hourly base wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.

5. PPL shall run concurrently with FMLA/CFRA and with PDL as set forth in paragraph 7, below.

Eligible employees will be reinstated to the same or equivalent position in accordance with SRFA MOU 2024-2027 27
FMLA/CFRA protections. This may include altered assignments to accommodate the department’s operational needs when the employee is fewer hours than their regularly scheduled work hours.

6. Pregnancy Disability Leave (PDL): An eligible employee on PDL must reduce their sick leave balance to 40 hours or less (for a 40-hour work week employee), or 48 hours or less (for a 56- hour work week employee) to use PPL concurrently with PDL. An eligible employee is not required to further reduce their balance once they have reached the initial threshold of 40 or 48 hours (dependent upon work schedule) or less.

7. Use of this leave constitutes a “compelling personal situation during which time the employee was unable to work” under Article 6.6.5 of this MOU and the probationary period for any probationary employee who uses this leave shall be extended for the length of time the employee was off work using this leave.

Coordination of Benefits & Leaves:
• PPL taken under this provision will run concurrently with leave under the FMLA, CFRA, and PDL once the eligible employee’s sick leave balance is reduced to 40 hours or less for members on a 40-hour work week, and 48-hours or less for members on a 56-hour work week.
• PPL will be fully integrated with any short-term disability or California Paid Family Leave program but shall not exceed one hundred percent (100%) of the employee’s normal gross salary rate.
• The use of Short-Term Disability (STD) and Paid Family Leave (PFL) will not reduce available hours under the PPL leave entitlement.
• For time covered by FMLA/CFRA job protected leave for baby/child bonding purposes, PPL must be used prior to other accrued leave or unpaid leave except as discussed in number 7 above.
• If an employee has exhausted FMLA/CFRA entitlements for reasons other than baby bonding, PPL must be used prior to other accrued leaves or Leave Without Pay for arranged leaves for the purpose of baby bonding. Scheduling of non-FMLA/CFRA protected PPL is subject to Fire Chief approval.
• An employee who is eligible for PPL but is on leave for other reasons cannot use PPL except as described in paragraph 7 above.

Additional Restrictions
Notwithstanding the requirements of other state and federal protected leave (such as FMLA, PDL, CFRA, School leave, etc.), where this leave is not coordinated with another protected leave status, the following rules shall apply:
• Due to the scheduling complexities in a 24/7 facility, an employee must use these leaves in increments of a full shift.
• Unless there is specific approval by the Fire Chief, as applicable, these leaves must be used consecutively and not intermittently by eligible employees. • Unless there is an emergency need to use one of these leaves, these leaves may not be used to disrupt the shift bid for major holidays including Thanksgiving and Christmas and the week surrounding those holidays, when vacation requests are high. For example, if an employee is not successfully able to bid the week between Christmas and New Years through the shift bidding procedure, the employee will not be able to take PPL for that holiday week and bump someone who successfully bid for the week.

SRFA MOU 2024-2027 28
• If the department is operating below daily minimum staffing and/or the department is experiencing a high vacancy rate, the Chief may temporarily suspend these benefits until staffing returns to normal.
• An eligible employee who desires exceptions to any of the parameters listed above may submit their requests to the Fire Chief for consideration.

5.5.10 End of Life Care Leave
Eligibility:

Effective July 1, 2024, any full time, regular or probationary employee who has been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for End of Life Care leave to provide end of life care for an immediate family member, which shall include an employee’s spouse, registered domestic partner, child, parent, sibling, siblings-in law, parent, parent in-law(s), grandparent, or grandchild.

End of Life care may be used to provide support, assistance and care to an immediate family member, as defined above, who is receiving end of life services through hospice or a medical facility.

Benefit and Use:

1. Eligible employees shall receive 4 shifts of End of Life Care leave for members on a 56- hour work week, and 80 hours for members on a 40-hour work week to be used during their employment with the City for use to support an immediate family member near the end of life, as described above.

2. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused End of Life Care leave for which they were eligible. Further, if an employee leaves City employment and returns to City service later in their career, the employee shall receive any unused hours from their previous employment with the City but shall not be granted any additional hours of for End of Life Care Leave.

3. End of Life Care leave is based on the employee’s regularly scheduled hourly base wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.

4. End of Life Care leave shall be used in a block of continuous time or on an intermittent or reduced schedule. Intermittent leaves or reduced schedules must be arranged and approved by the employee’s supervisor in advance.

5. End of Life Care shall run concurrently with FMLA/CFRA. Eligible employees will be reinstated to the same or equivalent position in accordance with FMLA/CFRA protections. This may include altered assignments to accommodate the department’s operational needs when the employee is working a reduced work schedule.

6. An employee who is eligible for End of Life Care Leave but is on leave for other reasons cannot use End of Life Care Leave except as described in paragraph 5 above.

Use of this leave constitutes a “compelling personal situation during which time the employee was unable to work” under Article 6.6.5 of this MOU and the probationary period for any probationary employee who uses this leave shall be extended for the length of time the employee was off work using this leave.

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6 TERMS & CONDITIONS OF EMPLOYMENT

6.1 HOURS OF WORK
All suppression employees shall work a set of twenty-four hour shifts within a three (3) platoon system. Each suppression shift lasts twenty-four (24) consecutive hours, commencing at 0800 and continuing through 0800 the following day. A set is two consecutive twenty-four hour shifts.

6.1.1 Work Schedule / Established Work Week
Employees shall be assigned to either eight hours per shift, 40 hour per calendar week administrative shifts or twenty-four hour suppression shifts. All suppression employees are scheduled to work four sets of twenty-four (24) hour shifts within each twenty-four (24) day FLSA Section 7k work period as is illustrated below (commonly referred to as the “2X4” schedule):

X = 24 hour on-duty period
0 = 24 hour off-duty period
Example: XXOOOO/XXOOOO/XXOOOO/XXOOOO
Fire prevention personnel may work different schedules according to administrative needs.

Any employee working the 2 X 4 suppression schedule described above may agree to transfer to prevention, training or other special assignment, subject to the approval of the Fire Chief. An employee assigned to any of these special assignments who works an eight-hour shift shall receive a 5.0% premium pay. The special assignment shall last two years unless the Fire Chief and employee agree to extend the assignment.

The 2 X 4 schedule shall not change the rules regarding use of sick leave. Employees should notify the Fire Department administration that sick leave use is needed according to current policy and before each 24-hour shift. It is acknowledged by all parties that if a Fire Captain, Fire Division Chief or Fire Battalion Chief determines that an employee is too fatigued to continue work said Officer is authorized to send the employee home on sick leave.

6.1.2 Shift Trade Policy
To provide a mechanism which will enable Fire Department members to take a normally assigned work shift off without having to use vacation time, a shift trade policy has been implemented in order to maintain appropriate staffing levels. Refer to Fire Department Policy IVI.

6.2 OVERTIME

6.2.1 Overtime
The work period for suppression personnel is twenty-four days pursuant to Section 207(k) of the FLSA, which begins at 8 a.m. on the first day of the work period and at 7:59 a.m. on the last day of the work period. The work period for non-suppression employees is seven days per week for 40 hours per week. The work period for administrative personnel is seven days, Sunday through Saturday of each calendar week. For administrative personnel, all work periods begin at midnight on the first day of the period and end one minute before midnight on the last day of the period.

The City shall pay FLSA overtime, i.e. hours actually worked in excess of 182 per 24-day work period, in compliance with the law. For non-suppression employees, the City shall pay FLSA overtime for any hours actually worked in excess of 40 hours per seven-day work period.

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Approved paid vacation and approved paid sick leave shall count as hours worked towards overtime. There shall be no compensatory time off; all overtime shall be paid overtime.

In order to maintain appropriate staffing levels, all overtime coverage will be made on a rank for rank basis only as outlined in Fire Department Policy IVI, or with the assurance all positions within the company are covered to current department standards, including the placement of at least one person licensed as a paramedic on each company.

The City may reopen negotiations during the term of the Agreement to negotiate any issue within the scope of representation affected by the City’s administration of a new payroll system and/or changes made to comply with the FLSA.

6.2.2 Contract Overtime
For employees working a twenty-four hour shift schedule, approved paid vacation and approved paid sick leave shall count as hours worked towards overtime.

For employees working an eight-hour shift schedule, approved paid vacation and approved paid sick leave shall count as hours worked towards overtime eligibility..

6.2.3 Maximum Continuous Hours of Work
No employee shall work more than one hundred and twenty (120) consecutive hours without the written approval of the Fire Chief or the Fire Chief’s designee.

6.3 EMD-CERTIFICATION
EMT-D certification is a requirement for each employee with a safety classification. The certification is to be conducted on duty, between the hours 0800 and 1700, and counted as a portion of the eight-hour routine duty day.

6.4 SELECTION PROCESS

6.4.1 Promotional Recruitments
Recruitments in the Firefighter series to the rank of Fire Engineer and Fire Captain shall be promotional. In the event that no qualified candidates are identified through the examination process, the position(s) will remain vacant and another promotional recruitment will begin as soon as feasible, as determined by the Fire Chief. This will continue until a qualified candidate is found. The City will strive to maintain active promotional lists to prepare for vacancies.

6.4.2 Fire Captain Qualifications
Option 1
A. Four (4) years full time suppression experience in the Firefighter series.