Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting. It is intended that the subject matter will not include issues subject to Article 7.4 Grievance Procedures.
6.9.7 Contract Orientation Work Sessions
The City and the Union agree that the individuals having responsibility for the enforcement of the Agreement, Union Stewards and Department Directors/Supervisors, shall participate in an Annual Contract Orientation Work Session for the purpose of obtaining a better understanding of the provisions of the contract. These work sessions shall be held on City time and facilities.
6.9.8 Temp Seasonal Employees
Both the City of San Rafael and SEIU 1021 recognize the valid, necessary reasons for appropriate temporary, seasonal, retiree, and fixed-term work. The City follows the Resolution of the City Council of the City of San Rafael adopting a temporary, seasonal, retiree, fixed-term salary and benefit plan. The City shall make its best efforts, with consideration to the fiscal condition of the City, to continue to transition temporary positions that are used in a recurring, 39 SEIU 2024-2027
routine manner and perform work typically accomplished by SEIU classifications throughout the term of the agreement, to regular City positions.
6.9.9 Gym Reimbursement
Employees are eligible to receive up to $16.50 per month reimbursement for paid gym memberships. Such reimbursement shall be reported as taxable income to the employee. 7 PROCEDURES
7.1 DEMOTION & SUSPENSION
7.1.1 Demotion
The Appointing Authority may demote an employee when the following occurs:
a. The employee FAILS to perform their required duties. b. An employee requests such a demotion. No employee shall be demoted to a classification for which they do not possess the minimum qualifications. When the action is initiated by the Appointing Authority, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy filed with the Human Resources Department.
Withholding a salary step increase or withdrawing a merit step increase within or above the salary range of the employee's position shall not be deemed a demotion.
Disciplinary demotion action shall be in accordance with Article 7.3 Disciplinary Action.
7.1.2 Suspension
The Appointing Authority may suspend an employee from a position at any time for a disciplinary purpose. Intended suspension action shall be reported immediately to the Human Resources Director and shall be taken in accordance with Article 7.3 Disciplinary Action.
7.2 TERMINATION OF EMPLOYMENT
7.2.1 Resignation
An employee wishing to leave City service in good standing shall file with their immediate supervisor, at least fourteen (14) days before leaving service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Appointing Authority and Human Resources Department.
7.2.2 Termination - Layoff (Lack of work or funds)
The Appointing Authority may terminate an employee because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work for which employment was made.
7.2.3 Termination - Disciplinary Action
An employee may be terminated at any time for disciplinary action, as provided in Article 7.3 Disciplinary Action.
7.2.4 Retirement
Retirement from City service shall, except as otherwise provided, be subject to the terms and conditions of the City's contract, as amended from time to time, with the Marin County Retirement System.
7.2.5 Job Abandonment
40 SEIU 2024-2027
Absence from duty without authorization for any period of time may be cause for disciplinary action. Absence from duty without authorization in excess of five (5) continuous working days may constitute abandonment of the position and may be grounds for termination. The employee and the Union shall be notified by certified mail of proposed termination prior to the effective date of termination.
7.3 DISCIPLINARY ACTION
7.3.1 Right to Discipline & Discharge
Upon completion of the designated probationary period an employee shall be designated as a non-probationary employee and the City shall have the right to discharge or discipline any such employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations, or for engaging, during the term of this Memorandum of Understanding, in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding, except where permitted by law. The City shall use progressive disciplinary steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to justify termination. Disciplinary action shall mean discharge/dismissal/termination, demotion, reduction in wage, suspension resulting in loss of pay, and written reprimand.
In addition, the City may discipline or discharge an employee for the following: Fraud in securing appointment; negligence of duty; violation of safety rules; unacceptable attendance record including tardiness, overstaying lunch or break periods; possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours; inability, unwillingness, refusal or failure to perform work as assigned, required or directed; unauthorized soliciting on City property or time; conviction of a felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward (mistreatment of discourteousness to) the general public or fellow employees or officers of the City; falsifying employment application materials, time reports, records, or payroll documents or other City records; misuse of City property; violation of any of the provisions of these working rules and regulations or departmental rules and regulations; disorderly conduct, participation in fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action; failure to perform to an acceptable level of work quality and quantity; insubordination; other acts inimical to the public service; inability or refusal to provide medical statement on cause of illness or disability.
7.3.2 Preliminary Notice
A non-probationary employee shall receive a preliminary written notice from the employee's Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must contain a specific statement of charges or grounds upon which the proposed disciplinary action is based and the date the disciplinary action will be effective.
Any known written materials, reports or documents upon which the disciplinary action is based must be attached to the notice.
Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action shall be imposed until the Department Director has conducted a hearing with the employee and employee's representative present and having heard the response of the employee. The Department Director’s decision shall be final for written reprimands. 41 SEIU 2024-2027
If no written appeal is filed within five (5) days, the employee shall be deemed to have waived their right to proceed to Step 4 of the Grievance Procedure.
7.3.3 Disciplinary Action and Appeal
After hearing the response of the employee, the Department Director may order that the proposed disciplinary action or modification thereof be imposed. Such notification shall be issued in writing within 10 days of the meeting.
If the employee elects to appeal the Department Director action, they may request a confidential settlement conference with the City Manager. Participation in the confidential settlement conference shall be voluntary. If the matter is still unresolved after the confidential settlement conference, the employee shall notify the City within ten (10) days that the matter is appealed to Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in accordance with the Grievance Procedure. The City Manager’s decision shall be final for suspensions of five (5) days or less.
7.3.4 Harassment Policy
It is the City’s intent and purpose to provide all officials, employees, applicants and contractors with an environment that is free from any form of harassment, discrimination or retaliation.
Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation which is available on the City’s Intranet website.
7.4 GRIEVANCE PROCEDURE
7.4.1 Definition
1. Grievance is a dispute which involves the interpretation or application of any provision of this Memorandum of Understanding, except issues concerning appeals of punitive action, which are governed by Sections 7.1, 7.2 and 7.3 of this Memorandum. A dispute regarding the interpretation of the City’s Personnel Rules and Regulations is subject to the grievance procedure up to Step 3 (City Manager). All ordinances, resolutions, rules and regulations which are not specifically covered by the provisions of this Memorandum shall not be subject to the Grievance Procedure.
2. Day shall mean any that the City Office is open for business, excluding Saturdays, Sundays and the holidays recognized by the City.
3. Grievant may be an individual employee or a group of employees or the Union on behalf of a group of employees or the Union on its own behalf on matters involving the City and Union relationship.
4. Time limits begin with the day following the event causing the grievance or the day following receipt of a grievance decision.
7.4.2 Procedure
Step 1.
Within seven (7) days of when the grievant knew or should have known of the act or omission causing the grievance, the grievant shall present either in writing or verbally a clear and concise statement of the grievance to the immediate supervisor.
Within five (5) days thereafter, the immediate supervisor shall investigate and respond to the allegations of the grievant.
Step 2.
42 SEIU 2024-2027
If the grievant is not satisfied with the resolution at Step 1, the grievant must reduce the grievance to writing and present it to the Department Director within five (5) days.
The written grievance shall contain a statement of facts about the nature of the grievance and shall identify the specific provisions of this Memorandum of Understanding alleged to be violated, applicable times, places and names of those involved, the remedy or relief requested, and shall be signed by the grievant.
The Department Director shall confer with the grievant and within ten (10) days respond to the allegations in writing.
Step 3.
If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five (5) days appeal the matter to the City Manager.
The City Manager shall investigate the matter, conduct a hearing if the City Manager deems it appropriate and within ten (10) days thereafter, respond to the allegations in writing.
Step 4.
If the grievance remains unresolved after Step 3, the Union may, by written notice to the City’s Human Resources Department within ten (10) days after the receipt of the response in Step 3, notify the City that the Union wishes to appeal the grievance to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Conciliation Service of nine (9) names. The selection process will include a review of the arbitrator’s availability for the hearing.
Each party shall then alternately strike a name until only one (1) name remains, said person to be the arbitrator. The order of striking shall be determined by the flip of a coin.
7.4.3 Arbitration
The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by the parties. The hearing should be held within 60 calendar days of the selection of the arbitrator. The hearing shall be informal and need not be conducted according to technical rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as any procedural matters, and they may call, recall and examine witnesses, as they deem proper.
The burden of proof shall be upon the Union in grievance matters and upon the City in disciplinary/discharge matters.
After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed upon by the parties, the arbitrator shall render a written decision which shall be final and binding upon the City, the Union and any employee(s) involved in the grievance or disciplinary matter.
The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any provision of this Memorandum of Understanding. The arbitrator shall only determine whether a grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall be, or in the case of disciplinary/discharge matter whether the City allegations are accurate and the appropriateness of the disciplinary penalty.
The fees and expenses of the arbitrator shall be shared equally by the Union and the City. All other expenses shall be borne by the party incurring them. The cost of the services of court 43 SEIU 2024-2027
reporter shall be borne by the requesting party unless there is a mutual agreement to share the cost or unless the arbitrator so requests. Then the costs will be shared equally.
7.4.4 General Provisions
1. Employees who participate in the Grievance Procedure by filing a grievance or acting as a witness on the behalf of either party shall be free from discrimination by either the Union or the City.
2. A grievant has the right to be represented at each stage of the procedure, to cross examine witnesses, and have access to all information regarding the basis of the grievance upon which the City relies in making its determinations.
3. If the City management fails to respond within the specified time limits, the grievance shall, at the request of the Union, be moved to the next step of the procedure. If the Union or a grievant fails to process or appeal a grievance within the specified time limits, the matter shall be deemed withdrawn with prejudice. The parties may by mutual agreement waive the steps in the procedure.
4. If a hearing is held during work hours of employee witnesses, such employees shall be released from duties without loss of pay or benefits to appear at the hearing. Witnesses requested by the parties shall be compelled to attend said hearings.
5. The Human Resources Department shall act as the central repository for all grievances.
6. Time limits contained herein may be extended by mutual agreement of the parties.
Absence for bona fide reasons by a grievant, the Union representative or any management official involved in responding to the grievance shall automatically extend the time limits by the same number of days of absence.
7.5 POSITION RECLASSIFICATION
Reclassification of positions covered by this MOU shall be in accordance with the City’s Reclassification Policy available on the City’s Intranet website.
7.6 FURLOUGH PROGRAM
Both the City of San Rafael and SEIU 1021 recognize the unpredictable changes in funding that affect City finances. Through this recognition and in a cooperative spirit the City of San Rafael and SEIU 1021 have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael, the City shall meet and consult with the Union at least 60 days prior to implementation of the Furlough Program. The procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO).
7.6.1 Voluntary Time Off (VTO)
The needs of the City and the respective departments (as determined by the Department Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year.
2. An employee selecting at least a 5% reduction of hours through the VTO would receive “float days” as described in 6.6.2. (4.b.).
44 3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department.
4. Employees will be allowed to exceed a 5% reduction of hours through the VTO with review of the Department Director and approval of the City Manager and such approval shall be revocable should the City determine that the impact of the absence cannot be absorbed by the Department. Prior to revoking approval, the City will contact the employee and review pertinent information which would impact the employee’s ability to return to work. Should the City need to remove additional VTO, such removal would be considered a non-disciplinary action and would not be subject to any appeal/grievance procedure.
7.6.2 Mandatory Time Off (MTO)
MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Director and City Manager) and after consultation with the union.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will not impact Marin County retirement calculations of average compensation or service credit as the City and employee will continue to fund the full amounts. If the Marin County Retirement Association changes its policy on this, the City will, effective the first of the month following notice from the Marin County Retirement Association, make the necessary change in the program's administration to correspond with the change in the policy.
3. MTO time shall apply toward time in service for step increases and completion of probation.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. When the maximum MTO reduction (5% is implemented, the involved employee shall be credited with three (3) days of float time
b. Float time accrued through the MTO Program must be taken in the fiscal year following the furlough, with supervisory approval, or the leave will be forfeited. The float days have no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced float time, said employee would be eligible to take the unused furlough induced float time during the thirty-day layoff notice period.
c. Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City and the Union agree to re-open negotiations on this Furlough Plan.
7.7 REDUCTION IN FORCE
7.7.1 Authority
SEIU 2024-2027
45 SEIU 2024-2027
The Appointing Authority may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organizational efficiency.
7.7.2 Notice
Regular employees designated for layoff or demotion shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be so notified.
7.7.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description and salary. Extra hire employees shall be laid off before permanent employees in the affected classification. In effecting the preceding order, a part-time permanent employee with more seniority can displace a full time permanent employee.
7.7.4 Seniority
If two or more employees within a classification have achieved permanent status, such employees will be laid off or reduced on the following basis:
a. Seniority within the affected classification will be determinative. Such seniority shall include time served in higher classification(s). The computation of seniority for part-time employees will be credited on a pro rata basis to full time service.
Time spent on a City Manager approved leave of absence without pay does not count toward seniority.
b. If the seniority of two or more employees in the affected classification or higher classification(s) is equal, departmental seniority shall be determinative. c. If all of the above factors are equal, the date regular status in City service is achieved shall be determinative.
d. If all of the above are equal, date of certification for appointment shall be determinative.
7.7.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level for which they meet the minimum qualifications, or into the next lower classification in which such employee has previously held regular status. An employee who is bumped shall be laid off in the same manner as an employee whose position is abolished.
7.7.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify.
The length of eligibility for such transfer will be the period of notification as provided in Section
7.7.2, but no longer than the effective date of such layoff or reduction.
7.7.7 Layoff Procedure Notification
Once the decision has been made to reduce the workforce per this MOU, the City will meet with the Union to review and receive feedback on the procedure to be used to inform and process those classifications and individuals who are determined to be laid off. The information gained in this meeting from the Union by the City will be advisory and not binding.
7.8 RE-EMPLOYMENT
46 SEIU 2024-2027
7.8.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re-appointment to the same classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individuals who have been laid off.
7.8.2 Right to Re-Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall, in writing, be offered re-appointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City.
7.8.3 Time Limits
Should the person not accept the re-appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and shall be removed from the re-employment list.
7.8.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-employment list shall be offered re-employment.
7.8.5 Probationary Status
Employees re-appointed under the provisions above will not be required to complete a new probationary period if they had previously held permanent status in the classification.
Employees who had not completed their probationary period shall serve the remainder of the probationary period upon re-appointment.
7.8.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual. 47 SEIU 2024-2027
SEIU LOCAL 1021: CITY OF SAN RAFAEL:
Aaron Burton, Field Representative
SEIU Local 1021
Tim Davis, Chief Negotiator
City of San Rafael
Jana Blunt, Field Representative
SEIU Local 1021
Kenny Gatlin, Chapter President
SEIU Local 1021
Grade Position A B C D E
7241 Accountant I $ 6,720 $ 7,056 $ 7,409 $ 7,779 $ 8,168 7240 Accountant II $ 7,057 $ 7,409 $ 7,780 $ 8,169 $ 8,577 7200 Accounting Assistant I $ 4,895 $ 5,139 $ 5,396 $ 5,666 $ 5,949 7201 Accounting Assistant II $ 5,391 $ 5,661 $ 5,944 $ 6,241 $ 6,553 7300 Senior Accounting Assistant $ 5,944 $ 6,241 $ 6,553 $ 6,881 $ 7,225 7299 Accounting Technician $ 6,722 $ 7,058 $ 7,411 $ 7,782 $ 8,171 7205 Administrative Analyst $ 6,352 $ 6,670 $ 7,003 $ 7,353 $ 7,721 7211 Administrative Assistant I $ 5,073 $ 5,327 $ 5,593 $ 5,873 $ 6,166 7212 Administrative Assistant II $ 5,594 $ 5,873 $ 6,167 $ 6,475 $ 6,799 7295 Senior Administrative Assistant $ 6,023 $ 6,324 $ 6,640 $ 6,972 $ 7,321 7216 Administrative Assistant to the City Clerk $ 6,023 $ 6,324 $ 6,640 $ 6,972 $ 7,321 7210 Assistant Planner $ 7,184 $ 7,544 $ 7,921 $ 8,317 $ 8,733 7208 Associate Planner $ 7,929 $ 8,325 $ 8,741 $ 9,179 $ 9,637 7217 Building Inspector I $ 6,510 $ 6,836 $ 7,178 $ 7,536 $ 7,913 7218 Building Inspector II $ 7,184 $ 7,544 $ 7,921 $ 8,317 $ 8,733 7220 Business License Examiner $ 5,660 $ 5,943 $ 6,240 $ 6,552 $ 6,880 9352 Child Care Director $ 5,043 $ 5,295 $ 5,560 $ 5,838 $ 6,130 9351 Child Care Instructor I $ 2,820 $ 2,961 $ 3,109 $ 3,264 $ 3,427 9350 Child Care Instructor II $ 3,619 $ 3,800 $ 3,990 $ 4,190 $ 4,399 7222 Code Enforcement Official I $ 5,215 $ 5,476 $ 5,750 $ 6,038 $ 6,339 7223 Code Enforcement Official II $ 5,755 $ 6,043 $ 6,345 $ 6,662 $ 6,995 7380 Code Enforcement Official III $ 6,835 $ 7,176 $ 7,535 $ 7,912 $ 8,307 2119 Construction Inspector - SRSD $ 7,076 $ 7,430 $ 7,802 $ 8,192 $ 8,601 7224 Custodian $ 4,857 $ 5,100 $ 5,355 $ 5,623 $ 5,904
4210 Data Analyst I $ 7,339 $ 7,706 $ 8,091 $ 8,496 $ 8,920 4211 Data Analyst II $ 8,073 $ 8,476 $ 8,900 $ 9,345 $ 9,812 4212 Data Analyst III $ 8,880 $ 9,324 $ 9,790 $ 10,280 $ 10,794 7226 Deputy City Clerk I $ 6,174 $ 6,483 $ 6,807 $ 7,147 $ 7,505 3702 Deputy City Clerk II $ 7,505 $ 7,879 $ 8,273 $ 8,687 $ 9,121 7120 Emergency Management Coordinator $ 5,883 $ 6,177 $ 6,486 $ 6,810 $ 7,151 7121 Environmental Management Coordinator $ 5,883 $ 6,177 $ 6,486 $ 6,810 $ 7,151 7232 Facility Repair Supervisor $ 7,733 $ 8,119 $ 8,525 $ 8,952 $ 9,399 7291 Facility Repair Worker I $ 5,487 $ 5,762 $ 6,050 $ 6,352 $ 6,670 7233 Facility Repair Worker II $ 6,052 $ 6,354 $ 6,672 $ 7,006 $ 7,356 7294 Facility Repair Worker III $ 6,513 $ 6,838 $ 7,180 $ 7,539 $ 7,916 7108 Fire Prevention Inspector I $ 8,226 $ 8,638 $ 9,070 $ 9,523 $ 9,999 7107 Fire Prevention Inspector II $ 9,069 $ 9,522 $ 9,998 $ 10,498 $ 11,023 7298 IT Help Desk Supervisor $ 8,073 $ 8,476 $ 8,900 $ 9,345 $ 9,812 7243 Librarian I $ 6,716 $ 7,052 $ 7,404 $ 7,775 $ 8,163 7244 Librarian II $ 7,055 $ 7,408 $ 7,778 $ 8,167 $ 8,575 2404 Library Aide $ 3,219 $ 3,380 $ 3,549 $ 3,727 $ 3,913 7246 Library Assistant I $ 4,422 $ 4,643 $ 4,875 $ 5,119 $ 5,375 7247 Library Assistant II $ 5,001 $ 5,251 $ 5,513 $ 5,789 $ 6,079 2405 Library Tech Services Supervisor $ 6,394 $ 6,714 $ 7,049 $ 7,402 $ 7,772 City of San Rafael
SEIU - SALARY SCHEDULE
Effective July 1, 2024
EXHIBIT A
7292 Literacy Program Supervisor $ 7,783 $ 8,173 $ 8,581 $ 9,010 $ 9,461 7249 Mail and Stores Clerk $ 4,384 $ 4,603 $ 4,833 $ 5,075 $ 5,329 7255 Network Analyst $ 7,340 $ 7,707 $ 8,092 $ 8,497 $ 8,922 7274 Network Support Technician $ 5,614 $ 5,895 $ 6,190 $ 6,499 $ 6,824 7285 Office Assistant I $ 4,175 $ 4,383 $ 4,603 $ 4,833 $ 5,074 7284 Office Assistant II $ 4,716 $ 4,952 $ 5,199 $ 5,459 $ 5,732 7256 Park Equipment Mechanic $ 6,356 $ 6,674 $ 7,008 $ 7,358 $ 7,726 7257 Parking Attendant I $ 2,390 $ 2,509 $ 2,635 $ 2,767 $ 2,905 7275 Parking Attendant II $ 2,632 $ 2,764 $ 2,902 $ 3,047 $ 3,199 6208 Parking Enforcement Officer $ 5,830 $ 6,122 $ 6,428 $ 6,749 $ 7,087 6212 Parking Equipment Technician $ 5,625 $ 5,906 $ 6,201 $ 6,512 $ 6,837 6209 Parking Maintenance & Collections $ 5,625 $ 5,906 $ 6,201 $ 6,511 $ 6,837 6211 Parking Operations Supervisor $ 7,733 $ 8,119 $ 8,525 $ 8,951 $ 9,399 7258 Parks & Graffitti Worker $ 5,102 $ 5,357 $ 5,625 $ 5,906 $ 6,201 2123 Parks Lead Maintenance Worker $ 6,513 $ 6,838 $ 7,180 $ 7,539 $ 7,916 7271 Parks Maintenance Supervisor $ 7,733 $ 8,119 $ 8,525 $ 8,952 $ 9,399 7236 Parks Maintenance Worker I $ 5,357 $ 5,625 $ 5,906 $ 6,202 $ 6,512 7238 Parks Maintenance Worker II $ 5,625 $ 5,906 $ 6,202 $ 6,512 $ 6,837 7296 Permit Services Coordinator $ 7,755 $ 8,143 $ 8,550 $ 8,978 $ 9,426 7396 Permit Services Supervisor $ 8,725 $ 9,161 $ 9,620 $ 10,101 $ 10,606 7196 Permit Technician I $ 5,381 $ 5,650 $ 5,933 $ 6,229 $ 6,541 7197 Permit Technician II $ 5,919 $ 6,215 $ 6,525 $ 6,852 $ 7,194 7198 Permit Technician III $ 6,511 $ 6,836 $ 7,178 $ 7,537 $ 7,914 7261 Planning Technician $ 5,614 $ 5,895 $ 6,190 $ 6,499 $ 6,824 9453 Principal Planner $ 10,378 $ 10,897 $ 11,442 $ 12,014 $ 12,614 7234 Printing Press Operator $ 5,459 $ 5,732 $ 6,018 $ 6,319 $ 6,635 7305 Program Analyst $ 6,967 $ 7,315 $ 7,681 $ 8,065 $ 8,468 1201 Program Coordinator $ 5,900 $ 6,195 $ 6,505 $ 6,830 $ 7,171 7290 Public Works Dispatcher $ 5,625 $ 5,906 $ 6,202 $ 6,512 $ 6,837 7253 Public Works Inspector $ 6,433 $ 6,755 $ 7,092 $ 7,447 $ 7,819 7263 Revenue Supervisor $ 8,574 $ 9,002 $ 9,453 $ 9,925 $ 10,421 2309 Senior Building Inspector $ 8,528 $ 8,955 $ 9,403 $ 9,873 $ 10,366 7265 Senior Library Assistant $ 5,252 $ 5,514 $ 5,790 $ 6,079 $ 6,383 7264 Senior Planner $ 8,972 $ 9,421 $ 9,892 $ 10,387 $ 10,906 2204 Sewer Lead Maintenance Worker $ 7,182 $ 7,541 $ 7,918 $ 8,314 $ 8,729 7266 Sewer Maintenance Worker I $ 5,764 $ 6,052 $ 6,355 $ 6,672 $ 7,006 7267 Sewer Maintenance Worker II $ 6,203 $ 6,513 $ 6,839 $ 7,180 $ 7,539 7281 Sewers Supervisor $ 8,118 $ 8,524 $ 8,950 $ 9,398 $ 9,868 7269 Shop & Equipment Supervisor $ 7,733 $ 8,120 $ 8,525 $ 8,952 $ 9,399 7280 Street Lead Maintenance Worker $ 6,513 $ 6,838 $ 7,180 $ 7,539 $ 7,916 7209 Street Maintenance Supervisor $ 7,733 $ 8,119 $ 8,525 $ 8,952 $ 9,399 7250 Street Maintenance Worker I $ 5,357 $ 5,625 $ 5,906 $ 6,202 $ 6,512 7251 Street Maintenance Worker II $ 5,625 $ 5,906 $ 6,202 $ 6,512 $ 6,837 7283 Street Sweeper Operator $ 5,906 $ 6,202 $ 6,512 $ 6,837 $ 7,179 8523 Supervising Parking Enforcement Officer $ 6,557 $ 6,885 $ 7,229 $ 7,590 $ 7,970 7288 Supervising Vehicle/Equipment Mechanic $ 6,841 $ 7,183 $ 7,542 $ 7,919 $ 8,315 7286 Vehicle/Equipment Mechanic I $ 5,764 $ 6,052 $ 6,355 $ 6,673 $ 7,006 7287 Vehicle/Equipment Mechanic II $ 6,356 $ 6,674 $ 7,008 $ 7,358 $ 7,726 2131 Volunteer Program Assistant $ 5,689 $ 5,973 $ 6,272 $ 6,586 $ 6,915
EXHIBIT A
Grade Position A B C D E
7241 Accountant I $ 6,989 $ 7,338 $ 7,705 $ 8,090 $ 8,495 7240 Accountant II $ 7,339 $ 7,706 $ 8,091 $ 8,496 $ 8,920 7200 Accounting Assistant I $ 5,090 $ 5,345 $ 5,612 $ 5,893 $ 6,187 7201 Accounting Assistant II $ 5,607 $ 5,887 $ 6,182 $ 6,491 $ 6,815 7300 Senior Accounting Assistant $ 6,182 $ 6,491 $ 6,815 $ 7,156 $ 7,514 7299 Accounting Technician $ 6,991 $ 7,340 $ 7,707 $ 8,093 $ 8,497 7205 Administrative Analyst $ 6,606 $ 6,936 $ 7,283 $ 7,647 $ 8,030 7211 Administrative Assistant I $ 5,276 $ 5,540 $ 5,817 $ 6,108 $ 6,413 7212 Administrative Assistant II $ 5,817 $ 6,108 $ 6,414 $ 6,734 $ 7,071 7295 Senior Administrative Assistant $ 6,264 $ 6,577 $ 6,906 $ 7,251 $ 7,614 7216 Administrative Assistant to the City Clerk $ 6,264 $ 6,577 $ 6,906 $ 7,251 $ 7,614 7210 Assistant Planner $ 7,472 $ 7,845 $ 8,238 $ 8,650 $ 9,082 7208 Associate Planner $ 8,246 $ 8,658 $ 9,091 $ 9,546 $ 10,023 7217 Building Inspector I $ 6,771 $ 7,109 $ 7,465 $ 7,838 $ 8,230 7218 Building Inspector II $ 7,472 $ 7,845 $ 8,238 $ 8,650 $ 9,082 7220 Business License Examiner $ 5,886 $ 6,181 $ 6,490 $ 6,814 $ 7,155 9352 Child Care Director $ 5,346 $ 5,613 $ 5,893 $ 6,188 $ 6,498 9351 Child Care Instructor I $ 2,989 $ 3,138 $ 3,295 $ 3,460 $ 3,633 9350 Child Care Instructor II $ 3,837 $ 4,028 $ 4,230 $ 4,441 $ 4,663 7222 Code Enforcement Official I $ 5,424 $ 5,695 $ 5,980 $ 6,279 $ 6,593 7223 Code Enforcement Official II $ 5,985 $ 6,284 $ 6,598 $ 6,928 $ 7,275 7380 Code Enforcement Official III $ 7,108 $ 7,463 $ 7,837 $ 8,228 $ 8,640 2119 Construction Inspector - SRSD $ 7,359 $ 7,727 $ 8,114 $ 8,519 $ 8,945 7224 Custodian $ 5,052 $ 5,304 $ 5,569 $ 5,848 $ 6,140
4210 Data Analyst I $ 7,632 $ 8,014 $ 8,415 $ 8,835 $ 9,277 4211 Data Analyst II $ 8,396 $ 8,815 $ 9,256 $ 9,719 $ 10,205 4212 Data Analyst III $ 9,235 $ 9,697 $ 10,182 $ 10,691 $ 11,225 7226 Deputy City Clerk I $ 6,421 $ 6,742 $ 7,079 $ 7,433 $ 7,805 3702 Deputy City Clerk II $ 7,805 $ 8,195 $ 8,604 $ 9,034 $ 9,486 7120 Emergency Management Coordinator $ 6,118 $ 6,424 $ 6,745 $ 7,083 $ 7,437 7121 Environmental Management Coordinator $ 6,118 $ 6,424 $ 6,745 $ 7,083 $ 7,437 7232 Facility Repair Supervisor $ 8,042 $ 8,444 $ 8,866 $ 9,310 $ 9,775 7291 Facility Repair Worker I $ 5,707 $ 5,992 $ 6,292 $ 6,606 $ 6,937 7233 Facility Repair Worker II $ 6,294 $ 6,608 $ 6,939 $ 7,286 $ 7,650 7294 Facility Repair Worker III $ 6,773 $ 7,112 $ 7,468 $ 7,841 $ 8,233 7108 Fire Prevention Inspector I $ 8,556 $ 8,983 $ 9,433 $ 9,904 $ 10,399 7107 Fire Prevention Inspector II $ 9,432 $ 9,903 $ 10,398 $ 10,918 $ 11,464 7298 IT Help Desk Supervisor $ 8,396 $ 8,815 $ 9,256 $ 9,719 $ 10,205 7243 Librarian I $ 7,119 $ 7,475 $ 7,849 $ 8,241 $ 8,653 7244 Librarian II $ 7,478 $ 7,852 $ 8,245 $ 8,657 $ 9,090 2404 Library Aide $ 3,412 $ 3,583 $ 3,762 $ 3,950 $ 4,148 7246 Library Assistant I $ 4,687 $ 4,922 $ 5,168 $ 5,426 $ 5,698 7247 Library Assistant II $ 5,301 $ 5,566 $ 5,844 $ 6,137 $ 6,443 2405 Library Tech Services Supervisor $ 6,778 $ 7,116 $ 7,472 $ 7,846 $ 8,238 City of San Rafael
SEIU - SALARY SCHEDULE
Effective July 1, 2025
EXHIBIT A
7292 Literacy Program Supervisor $ 8,250 $ 8,663 $ 9,096 $ 9,551 $ 10,028 7249 Mail and Stores Clerk $ 4,559 $ 4,787 $ 5,027 $ 5,278 $ 5,542 7255 Network Analyst $ 7,634 $ 8,015 $ 8,416 $ 8,837 $ 9,279 7274 Network Support Technician $ 5,839 $ 6,131 $ 6,437 $ 6,759 $ 7,097 7285 Office Assistant I $ 4,342 $ 4,559 $ 4,787 $ 5,026 $ 5,277 7284 Office Assistant II $ 4,905 $ 5,150 $ 5,407 $ 5,678 $ 5,962 7256 Park Equipment Mechanic $ 6,611 $ 6,941 $ 7,288 $ 7,653 $ 8,035 7257 Parking Attendant I $ 2,486 $ 2,610 $ 2,740 $ 2,877 $ 3,021 7275 Parking Attendant II $ 2,737 $ 2,874 $ 3,018 $ 3,169 $ 3,327 6208 Parking Enforcement Officer $ 6,064 $ 6,367 $ 6,685 $ 7,019 $ 7,370 6212 Parking Equipment Technician $ 5,850 $ 6,142 $ 6,450 $ 6,772 $ 7,111 6209 Parking Maintenance & Collections $ 5,850 $ 6,142 $ 6,449 $ 6,772 $ 7,110 6211 Parking Operations Supervisor $ 8,042 $ 8,444 $ 8,866 $ 9,310 $ 9,775 7258 Parks & Graffitti Worker $ 5,306 $ 5,571 $ 5,850 $ 6,142 $ 6,449 2123 Parks Lead Maintenance Worker $ 6,773 $ 7,112 $ 7,468 $ 7,841 $ 8,233 7271 Parks Maintenance Supervisor $ 8,042 $ 8,444 $ 8,866 $ 9,310 $ 9,775 7236 Parks Maintenance Worker I $ 5,572 $ 5,850 $ 6,143 $ 6,450 $ 6,772 7238 Parks Maintenance Worker II $ 5,850 $ 6,143 $ 6,450 $ 6,772 $ 7,111 7296 Permit Services Coordinator $ 8,065 $ 8,469 $ 8,892 $ 9,337 $ 9,804 7396 Permit Services Supervisor $ 9,074 $ 9,528 $ 10,004 $ 10,505 $ 11,030 7196 Permit Technician I $ 5,596 $ 5,876 $ 6,170 $ 6,478 $ 6,802 7197 Permit Technician II $ 6,155 $ 6,463 $ 6,786 $ 7,126 $ 7,482 7198 Permit Technician III $ 6,771 $ 7,110 $ 7,465 $ 7,839 $ 8,231 7261 Planning Technician $ 5,839 $ 6,131 $ 6,437 $ 6,759 $ 7,097 9453 Principal Planner $ 10,793 $ 11,333 $ 11,899 $ 12,494 $ 13,119 7234 Printing Press Operator $ 5,677 $ 5,961 $ 6,259 $ 6,572 $ 6,901 7305 Program Analyst $ 7,246 $ 7,608 $ 7,988 $ 8,388 $ 8,807 1201 Program Coordinator $ 6,136 $ 6,443 $ 6,765 $ 7,103 $ 7,458 7290 Public Works Dispatcher $ 5,850 $ 6,143 $ 6,450 $ 6,772 $ 7,111 7253 Public Works Inspector $ 6,690 $ 7,025 $ 7,376 $ 7,745 $ 8,132 7263 Revenue Supervisor $ 8,917 $ 9,363 $ 9,831 $ 10,322 $ 10,838 2309 Senior Building Inspector $ 8,870 $ 9,313 $ 9,779 $ 10,268 $ 10,781 7265 Senior Library Assistant $ 5,567 $ 5,845 $ 6,137 $ 6,444 $ 6,766 7264 Senior Planner $ 9,331 $ 9,798 $ 10,288 $ 10,802 $ 11,342 2204 Sewer Lead Maintenance Worker $ 7,469 $ 7,842 $ 8,234 $ 8,646 $ 9,078 7266 Sewer Maintenance Worker I $ 5,994 $ 6,294 $ 6,609 $ 6,939 $ 7,286 7267 Sewer Maintenance Worker II $ 6,451 $ 6,773 $ 7,112 $ 7,468 $ 7,841 7281 Sewers Supervisor $ 8,443 $ 8,865 $ 9,308 $ 9,774 $ 10,263 7269 Shop & Equipment Supervisor $ 8,042 $ 8,444 $ 8,867 $ 9,310 $ 9,775 7280 Street Lead Maintenance Worker $ 6,773 $ 7,112 $ 7,468 $ 7,841 $ 8,233 7209 Street Maintenance Supervisor $ 8,042 $ 8,444 $ 8,866 $ 9,310 $ 9,775 7250 Street Maintenance Worker I $ 5,572 $ 5,850 $ 6,143 $ 6,450 $ 6,772 7251 Street Maintenance Worker II $ 5,850 $ 6,143 $ 6,450 $ 6,772 $ 7,111 7283 Street Sweeper Operator $ 6,143 $ 6,450 $ 6,772 $ 7,111 $ 7,466 8523 Supervising Parking Enforcement Officer $ 6,819 $ 7,160 $ 7,518 $ 7,894 $ 8,289 7288 Supervising Vehicle/Equipment Mechanic $ 7,114 $ 7,470 $ 7,843 $ 8,236 $ 8,647 7286 Vehicle/Equipment Mechanic I $ 5,995 $ 6,294 $ 6,609 $ 6,939 $ 7,286 7287 Vehicle/Equipment Mechanic II $ 6,610 $ 6,941 $ 7,288 $ 7,652 $ 8,035 2131 Volunteer Program Assistant $ 5,917 $ 6,212 $ 6,523 $ 6,849 $ 7,192
EXHIBIT A
Grade Position A B C D E
7241 Accountant I $ 7,268 $ 7,632 $ 8,013 $ 8,414 $ 8,835 7240 Accountant II $ 7,632 $ 8,014 $ 8,415 $ 8,835 $ 9,277 7200 Accounting Assistant I $ 5,294 $ 5,559 $ 5,837 $ 6,128 $ 6,435 7201 Accounting Assistant II $ 5,831 $ 6,123 $ 6,429 $ 6,750 $ 7,088 7300 Senior Accounting Assistant $ 6,429 $ 6,751 $ 7,088 $ 7,442 $ 7,815 7299 Accounting Technician $ 7,271 $ 7,634 $ 8,016 $ 8,417 $ 8,837 7205 Administrative Analyst $ 6,870 $ 7,214 $ 7,575 $ 7,953 $ 8,351 7211 Administrative Assistant I $ 5,487 $ 5,761 $ 6,050 $ 6,352 $ 6,670 7212 Administrative Assistant II $ 6,050 $ 6,352 $ 6,670 $ 7,004 $ 7,354 7295 Senior Administrative Assistant $ 6,515 $ 6,840 $ 7,182 $ 7,541 $ 7,918 7216 Administrative Assistant to the City Clerk $ 6,515 $ 6,840 $ 7,182 $ 7,541 $ 7,918 7210 Assistant Planner $ 7,771 $ 8,159 $ 8,567 $ 8,995 $ 9,445 7208 Associate Planner $ 8,576 $ 9,005 $ 9,455 $ 9,927 $ 10,424 7217 Building Inspector I $ 7,042 $ 7,394 $ 7,763 $ 8,151 $ 8,559 7218 Building Inspector II $ 7,771 $ 8,159 $ 8,567 $ 8,996 $ 9,445 7220 Business License Examiner $ 6,122 $ 6,428 $ 6,749 $ 7,087 $ 7,441 9352 Child Care Director $ 5,666 $ 5,950 $ 6,247 $ 6,559 $ 6,887 9351 Child Care Instructor I $ 3,168 $ 3,326 $ 3,493 $ 3,667 $ 3,851 9350 Child Care Instructor II $ 4,067 $ 4,270 $ 4,484 $ 4,708 $ 4,943 7222 Code Enforcement Official I $ 5,641 $ 5,923 $ 6,219 $ 6,530 $ 6,857 7223 Code Enforcement Official II $ 6,224 $ 6,536 $ 6,862 $ 7,206 $ 7,566 7380 Code Enforcement Official III $ 7,392 $ 7,762 $ 8,150 $ 8,557 $ 8,985 2119 Construction Inspector - SRSD $ 7,654 $ 8,036 $ 8,438 $ 8,860 $ 9,303 7224 Custodian $ 5,254 $ 5,516 $ 5,792 $ 6,082 $ 6,386
4210 Data Analyst I $ 7,938 $ 8,334 $ 8,751 $ 9,189 $ 9,648 4211 Data Analyst II $ 8,731 $ 9,168 $ 9,626 $ 10,108 $ 10,613 4212 Data Analyst III $ 9,604 $ 10,085 $ 10,589 $ 11,118 $ 11,674 7226 Deputy City Clerk I $ 6,678 $ 7,012 $ 7,363 $ 7,731 $ 8,117 3702 Deputy City Clerk II $ 8,117 $ 8,522 $ 8,948 $ 9,396 $ 9,866 7120 Emergency Management Coordinator $ 6,363 $ 6,681 $ 7,015 $ 7,366 $ 7,734 7121 Environmental Management Coordinator $ 6,363 $ 6,681 $ 7,015 $ 7,366 $ 7,734 7232 Facility Repair Supervisor $ 8,364 $ 8,782 $ 9,221 $ 9,682 $ 10,166 7291 Facility Repair Worker I $ 5,935 $ 6,232 $ 6,543 $ 6,871 $ 7,214 7233 Facility Repair Worker II $ 6,546 $ 6,873 $ 7,216 $ 7,577 $ 7,956 7294 Facility Repair Worker III $ 7,044 $ 7,396 $ 7,766 $ 8,155 $ 8,562 7108 Fire Prevention Inspector I $ 8,898 $ 9,343 $ 9,810 $ 10,300 $ 10,815 7107 Fire Prevention Inspector II $ 9,809 $ 10,299 $ 10,814 $ 11,355 $ 11,923 7298 IT Help Desk Supervisor $ 8,732 $ 9,168 $ 9,626 $ 10,108 $ 10,613 7243 Librarian I $ 7,546 $ 7,923 $ 8,320 $ 8,736 $ 9,172 7244 Librarian II $ 7,927 $ 8,323 $ 8,739 $ 9,176 $ 9,635 2404 Library Aide $ 3,617 $ 3,798 $ 3,988 $ 4,187 $ 4,397 7246 Library Assistant I $ 4,969 $ 5,217 $ 5,478 $ 5,752 $ 6,039 7247 Library Assistant II $ 5,619 $ 5,900 $ 6,195 $ 6,505 $ 6,830 2405 Library Tech Services Supervisor $ 7,184 $ 7,543 $ 7,921 $ 8,317 $ 8,732 City of San Rafael
SEIU - SALARY SCHEDULE
Effective July 1, 2026
EXHIBIT A
7292 Literacy Program Supervisor $ 8,745 $ 9,183 $ 9,642 $ 10,124 $ 10,630 7249 Mail and Stores Clerk $ 4,742 $ 4,979 $ 5,228 $ 5,489 $ 5,764 7255 Network Analyst $ 7,939 $ 8,336 $ 8,753 $ 9,190 $ 9,650 7274 Network Support Technician $ 6,072 $ 6,376 $ 6,695 $ 7,030 $ 7,381 7285 Office Assistant I $ 4,515 $ 4,741 $ 4,978 $ 5,227 $ 5,488 7284 Office Assistant II $ 5,101 $ 5,356 $ 5,624 $ 5,905 $ 6,200 7256 Park Equipment Mechanic $ 6,875 $ 7,219 $ 7,580 $ 7,959 $ 8,357 7257 Parking Attendant I $ 2,585 $ 2,714 $ 2,850 $ 2,992 $ 3,142 7275 Parking Attendant II $ 2,847 $ 2,989 $ 3,139 $ 3,296 $ 3,460 6208 Parking Enforcement Officer $ 6,306 $ 6,622 $ 6,953 $ 7,300 $ 7,665 6212 Parking Equipment Technician $ 6,084 $ 6,388 $ 6,707 $ 7,043 $ 7,395 6209 Parking Maintenance & Collections $ 6,084 $ 6,388 $ 6,707 $ 7,043 $ 7,395 6211 Parking Operations Supervisor $ 8,364 $ 8,782 $ 9,221 $ 9,682 $ 10,166 7258 Parks & Graffitti Worker $ 5,518 $ 5,794 $ 6,084 $ 6,388 $ 6,707 2123 Parks Lead Maintenance Worker $ 7,044 $ 7,396 $ 7,766 $ 8,155 $ 8,562 7271 Parks Maintenance Supervisor $ 8,364 $ 8,782 $ 9,221 $ 9,682 $ 10,166 7236 Parks Maintenance Worker I $ 5,794 $ 6,084 $ 6,388 $ 6,708 $ 7,043 7238 Parks Maintenance Worker II $ 6,084 $ 6,388 $ 6,708 $ 7,043 $ 7,395 7296 Permit Services Coordinator $ 8,388 $ 8,807 $ 9,248 $ 9,710 $ 10,196 7396 Permit Services Supervisor $ 9,437 $ 9,909 $ 10,404 $ 10,925 $ 11,471 7196 Permit Technician I $ 5,820 $ 6,111 $ 6,417 $ 6,737 $ 7,074 7197 Permit Technician II $ 6,402 $ 6,722 $ 7,058 $ 7,411 $ 7,781 7198 Permit Technician III $ 7,042 $ 7,394 $ 7,764 $ 8,152 $ 8,560 7261 Planning Technician $ 6,072 $ 6,376 $ 6,695 $ 7,030 $ 7,381 9453 Principal Planner $ 11,225 $ 11,786 $ 12,375 $ 12,994 $ 13,644 7234 Printing Press Operator $ 5,904 $ 6,199 $ 6,509 $ 6,835 $ 7,177 7305 Program Analyst $ 7,535 $ 7,912 $ 8,308 $ 8,723 $ 9,159 1201 Program Coordinator $ 6,381 $ 6,700 $ 7,035 $ 7,387 $ 7,756 7290 Public Works Dispatcher $ 6,084 $ 6,388 $ 6,708 $ 7,043 $ 7,395 7253 Public Works Inspector $ 6,958 $ 7,306 $ 7,671 $ 8,055 $ 8,458 7263 Revenue Supervisor $ 9,273 $ 9,737 $ 10,224 $ 10,735 $ 11,272 2309 Senior Building Inspector $ 9,224 $ 9,686 $ 10,170 $ 10,678 $ 11,212 7265 Senior Library Assistant $ 5,901 $ 6,196 $ 6,506 $ 6,831 $ 7,172 7264 Senior Planner $ 9,704 $ 10,190 $ 10,699 $ 11,234 $ 11,796 2204 Sewer Lead Maintenance Worker $ 7,768 $ 8,156 $ 8,564 $ 8,992 $ 9,442 7266 Sewer Maintenance Worker I $ 6,234 $ 6,546 $ 6,873 $ 7,217 $ 7,578 7267 Sewer Maintenance Worker II $ 6,709 $ 7,044 $ 7,397 $ 7,766 $ 8,155 7281 Sewers Supervisor $ 8,781 $ 9,220 $ 9,681 $ 10,165 $ 10,673 7269 Shop & Equipment Supervisor $ 8,364 $ 8,782 $ 9,221 $ 9,682 $ 10,166 7280 Street Lead Maintenance Worker $ 7,044 $ 7,396 $ 7,766 $ 8,155 $ 8,562 7209 Street Maintenance Supervisor $ 8,364 $ 8,782 $ 9,221 $ 9,682 $ 10,166 7250 Street Maintenance Worker I $ 5,794 $ 6,084 $ 6,388 $ 6,708 $ 7,043 7251 Street Maintenance Worker II $ 6,084 $ 6,388 $ 6,708 $ 7,043 $ 7,395 7283 Street Sweeper Operator $ 6,388 $ 6,708 $ 7,043 $ 7,395 $ 7,765 8523 Supervising Parking Enforcement Officer $ 7,092 $ 7,446 $ 7,819 $ 8,210 $ 8,620 7288 Supervising Vehicle/Equipment Mechanic $ 7,399 $ 7,769 $ 8,157 $ 8,565 $ 8,993 7286 Vehicle/Equipment Mechanic I $ 6,234 $ 6,546 $ 6,873 $ 7,217 $ 7,578 7287 Vehicle/Equipment Mechanic II $ 6,875 $ 7,219 $ 7,580 $ 7,959 $ 8,356 2131 Volunteer Program Assistant $ 6,153 $ 6,461 $ 6,784 $ 7,123 $ 7,479
EXHIBIT A
EXHIBIT B
City of San Rafael
SEIU Local 1021 Classification/Compensation Summary: Benchmark Linkages MOU Exhibit “B“
Current Benchmark Linkage
Title Grade Levels from Benchmark
Supervisor – Revenue +16
A Accounting Accountant II +11
Assistant II Payroll Technician +10
Accountant I +9
Business License Examiner +2
Accounting Assistant II 0
Child Care Bookkeeper II 0
Accounting Assistant I -4
Child Care Bookkeeper I -4
Customer Service Clerk -4
B. Associate Planner Senior Planner +5
Fire Plans Examiner +4
Associate Planner 0
Fire Prevention Inspector II -.5
Construction Inspector (SRSD) Supervising Inspector -2
Permit Services Coordinator Programmer Analyst II -3
Principal Planner Assistant Planner -4
Senior Building Inspector Building Inspector II -4
Data Analyst II Fire Prevention Inspector I -4.5
Volunteer Program Assistant Programmer Analyst I -7
Program Coordinator Network Analyst -7
IT Help Desk Supervisor GIS Analyst -7
Building Inspector I -8
Code Enforcement Official III - 8
Senior Building Technician -8
Administrative Analyst, Digital Services Analyst -9
Recreation Center Supervisor -12
Code Enforcement Official II -13
Planning Technician -14
Network Support Technician -12
Building Technician I -14
Volunteer Program Coordinator -15
GIS Technician -16
Code Enforcement Official I -17
D Parking Enforcement Officer Supervising Parking Enforcement Officer +12.5 Parking Enforcement Officer 0
E. Library Assistant II Supervising Librarian +18
Literacy Program Supervisor +18
Librarian II +14
Library Aide Librarian I +12
Library Circulation or Tech Services Supervisor +10
Senior Library Assistant +2
Library Assistant II 0
Library Assistant I -5
EXHIBIT B
Current Benchmark Linkage
Title Grade Levels from Benchmark
F. Administrative Assistant II Administrative Assistant IV +5 Deputy City Clerk +4
Administrative Assistant to the City Clerk +3
Administrative Assistant III +3
Administrative Assistant II 0
Printing Press Operator -1
Administrative Assistant I -4
Office Assistant II -7
Mail and Stores Clerk -10
Office Assistant I -12
Parking Attendant II -21
Parking Attendant I -23
G Street Maintenance Supervisor Supervisor – Street Maintenance 0 Supervisor – Sewers 0
Supervisor – Facility Repair 0
Shop and Equipment Supervisor 0
Supervisor – Parks 0
Supervising Vehicle/Equipment Mechanic -5
Environmental Mgmt Coordinator Sewer Lead Maintenance Worker -5 Supervising Street Maintenance Worker -7
Parking Operations Supervisor -7
Vehicle/Equipment Mechanic II -8
Park Equipment Mechanic -8
Street Maintenance Worker III / Street Lead Maintenance Worker -9 Parks Maintenance Worker III / Parks Lead Maintenance Worker -9 Sewer Maintenance Worker II -9
Facility Repair Worker II -10
Sweeper Operator -11
Vehicle/Equipment Mechanic I -12
Sewer Maintenance Worker I -12
Parks Maintenance Worker II -13
Parking Equipment Technician -13
Parking Maintenance & Collections -13
Parking Meter Repair Technician -13
Street Maintenance Worker II -13
Facility Repair Worker I -14
Yard Clerk/Dispatcher -14
Equipment Service Attendant -15
Street Maintenance Worker I -15
Park & Graffiti Worker -17
Parks Maintenance Worker I -17
Custodian -19
**Bold Print for job class titles represents job classes in the Supervisory Unit.
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SEIU Local 1021
JULY 1, 20241 - JUNE 30, 20274
1 SEIU 20241-20274
Table of Contents
1 GENERAL PROVISIONS .......................................................................................................9
1.1 INTRODUCTION...............................................................................................................................9
1.1.1 Scope of Agreement....................................................................................................................9
1.1.2 Term of MOU ...............................................................................................................................9
1.2 RECOGNITION ................................................................................................................................9
1.2.1 Bargaining Unit ............................................................................................................................9
1.2.2 Notice to Employees....................................................................................................................9
1.3 NON-DISCRIMINATION ....................................................................................................................9
1.3.1 In General ....................................................................................................................................9
1.3.2 Union Discrimination..................................................................................................................10
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING .....................................................................10
1.5 EXISTING LAWS, REGULATIONS & POLICIES..................................................................................10
1.6 STRIKES & LOCKOUTS .................................................................................................................10
1.7 SEVERABILITY .............................................................................................................................10
1.8 PREVAILING RIGHTS.....................................................................................................................10
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER...........................................................................10
1.9.1 Understanding ...........................................................................................................................10
1.9.2 Waiver & Modification................................................................................................................10 2 MMBA.......................................................................................................................................11
2.1 UNION RIGHTS.............................................................................................................................11
2.1.1 Union Stewards Designation .....................................................................................................11
2.1.2 Bulletin Boards...........................................................................................................................11
2.1.3 New Members............................................................................................................................11
2.1.4 Employee Information................................................................................................................11
2.1.5 Union Meeting Space ................................................................................................................12
2.1.6 Union Communications..............................................................................................................12
2.2 DUES DEDUCTION........................................................................................................................12
2.2.1 Collection of Dues......................................................................................................................12
2.2.2 Dues Collection during Separation from Employment...............................................................12
2.2.3 Indemnification...........................................................................................................................12
2.3 MANAGEMENT RIGHTS .................................................................................................................12
2.4 COMMENCEMENT OF NEGOTIATIONS.............................................................................................13 3 COMPENSATION..................................................................................................................14
3.1 GENERAL WAGES AND COMPENSATION........................................................................................14
3.1.1 Pay Dates ..................................................................................................................................14
3.1.2 General Wage Increase.............................................................................................................14
3.1.3 Compensation Goal & Definitions..............................................................................................15
3.1.4 Compensation Surveys..............................................................................................................16
3.1.5 Compensation Plan ...................................................................................................................16
3.2 STEP INCREASES .........................................................................................................................16
3.2.1 Entry Level Step ........................................................................................................................16
3.2.2 Consideration for Step Increases ..............................................................................................16
3.2.3 Temporary Merit Increases........................................................................................................17
3.2.4 Anniversary Date .......................................................................................................................17
3.2.5 Promotions................................................................................................................................. 17
3.2.6 Performance Evaluations...........................................................................................................17
3.3 SALARY CHANGE ON RECLASSIFICATION ......................................................................................17
3.3.1 To a Lower Classification...........................................................................................................17
3.3.2 To a Different Classification with the Same Salary Range........................................................17
3.3.3 To a Higher Classification..........................................................................................................18
3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS........................................................................18
3.4.1 Out of Class Compensation.......................................................................................................18 2 SEIU 20241-20274
3.4.2 Shift Differential Pay ..................................................................................................................18
3.4.3 Court Pay...................................................................................................................................19
3.4.4 Change of Shift ..........................................................................................................................19
3.5 ADDITIONAL PAY .........................................................................................................................19
3.5.1 Educational Reimbursement – Miscellaneous Unit ...................................................................19
3.5.2 Educational Reimbursement – Child Care Unit.........................................................................19
3.5.3 Educational Reimbursement – Supervisory Unit.......................................................................20
3.5.4 Bilingual Pay ..............................................................................................................................20
3.5.5 Garage Employees Uniform Maintenance Program..................................................................21
3.5.6 Sewer Employees Uniform Maintenance Program ...................................................................21
3.5.7 Uniform Allowance.....................................................................................................................21
3.5.8 Uniform Jacket Cleaning Allowance ..........................................................................................22
3.5.9 Mechanical Tool Allowance .......................................................................................................23
3.5.10 Holiday Pay................................................................................................................................23 4 BENEFITS...............................................................................................................................23
4.1 EMPLOYEE BENEFITS COMMITTEE ................................................................................................23
4.2 HEALTH & WELFARE....................................................................................................................23
4.2.1 Full Flex Cafeteria Plan .............................................................................................................23
4.2.2 Retirees Health Insurance .........................................................................................................25
4.2.3 Health and Dependent Care Spending Accounts......................................................................25
4.2.4 Health Insurance Providers .......................................................................................................26
4.3 DENTAL PLAN..............................................................................................................................26
4.4 VISION CARE PLAN ......................................................................................................................26
4.5 LIFE INSURANCE ..........................................................................................................................26
4.6 LONG TERM DISABILITY INSURANCE .............................................................................................26
4.7 RETIREMENT CONTRIBUTION ........................................................................................................27
4.7.1 City Paid Employee Retirement (City Paid Member Contribution)............................................27
4.7.2 Retirement Plans .......................................................................................................................27
4.7.3 Member Cost of Living Rates ....................................................................................................27
4.8 STATE DISABILITY INSURANCE (SDI)............................................................................................27 5 LEAVES.....................................................................................................................................28
5.1 SICK LEAVE................................................................................................................................. 28
5.1.1 Eligibility.....................................................................................................................................28
5.1.2 Sick Leave Accrual ....................................................................................................................28
5.1.3 Use of Sick Leave......................................................................................................................28
5.1.4 Advance of Sick Leave ..............................................................................................................29
5.1.5 Service Credit for Sick Leave ....................................................................................................29
5.1.6 Compensation for Unused Portion ............................................................................................29
5.2 VACATION LEAVE.........................................................................................................................29
5.2.1 Eligibility.....................................................................................................................................29
5.2.2 Rate of Accrual ..........................................................................................................................29
5.2.3 Administration of Vacation Leave ..............................................................................................30
5.3 HOLIDAYS....................................................................................................................................31
5.3.1 Paid Holidays.............................................................................................................................31
5.4 OTHER LEAVE .............................................................................................................................31
5.4.1 Personal Leave – Supervisory Unit ...........................................................................................32
5.4.2 Safety Holiday............................................................................................................................32
5.4.3 Bereavement Leave...................................................................................................................32
5.4.4 Jury Duty....................................................................................................................................32
5.4.5 Military Leave.............................................................................................................................32
5.4.6 Leave of Absence Without Pay ................................................................................................. 32
5.4.7 Industrial Injury Leave................................................................................................................33
5.4.8 Family Medical Leave................................................................................................................33
5.4.9 Catastrophic Leave....................................................................................................................33
5.4.10 Emergency/Smoke Leave..........................................................................................................33 3 SEIU 20241-20274
5.4.11 Paid Parental Leave ..................................................................................................................34
5.4.12 End of Life Care Leave..............................................................................................................35 6 TERMS & CONDITIONS OF EMPLOYMENT ................................................................. 36
6.1 HOURS OF WORK.........................................................................................................................36
6.2 OVERTIME ...................................................................................................................................37
6.3 COMPENSATORY TIME POLICY .....................................................................................................37
6.3.1 Accrual Limit ..............................................................................................................................37
6.3.2 Overtime Rate............................................................................................................................37
6.4 STAND BY OR CALL BACK DUTY ..................................................................................................37
6.4.1 Compensation When Assigned to Standby Duty – All Departments except Sanitation............37
6.4.2 Compensation When Assigned to Standby Duty – Sanitation Department ..............................37
6.4.3 Compensation When Not Assigned to Call Back Duty..............................................................38
6.4.4 Minimum Payment for Call Out..................................................................................................38
6.4.5 Standby Residency and Cell Phones ........................................................................................38
6.5 DOT AND CLASS B REQUIREMENTS .............................................................................................39
6.6 PROBATIONARY PERIOD ....................................................................................................................39
6.6.1 Purpose of Probation...................................................................................................................39
6.6.2 Length of Probationary Period.....................................................................................................39
6.6.3 Rejection During Probation..........................................................................................................39
6.6.4 Notification of Rejection...............................................................................................................39
6.6.5 Extension of Probationary Period................................................................................................40
6.6.6 Regular Status .............................................................................................................................40
6.6.7 Promotion of Probationary Employee..........................................................................................40
6.6.8 Unsuccessful Passage of Promotional Probation .......................................................................40
6.6.9 Lateral Transfer Probation...........................................................................................................40
6.7 TRANSFERS / REASSIGNMENTS...........................................................................................................40
6.7.1 Types of Transfers.......................................................................................................................40
6.7.2 Minimum Qualifications & Probation............................................................................................41
6.7.3 Transfer Procedures ....................................................................................................................41
6.8 PERSONNEL RULES & REGULATIONS ................................................................................................. 41
6.8.1 Drug & Alcohol Policy ..................................................................................................................41
6.8.2 Confidential Nature of Personnel Records ..................................................................................41
6.8.3 Confidential Nature of Medical Records......................................................................................41
6.8.4 Outside Employment Policy.........................................................................................................41
6.8.5 Use of City Vehicle ......................................................................................................................42
6.8.6 Wireless Communication Policy ..................................................................................................42
6.8.7 Safety Policy ................................................................................................................................42
6.8.8 Materials Relating to Disciplinary Action .....................................................................................42
6.8.9 CPR / First Aid Training...............................................................................................................42
6.8.10 Childcare Division Employee Program Discount.......................................................................42
6.9 MISCELLANEOUS................................................................................................................................42
6.9.1 Hazardous Materials....................................................................................................................42
6.9.2 Gratuities / Solicitation of Contributions.......................................................................................43
6.9.3 Return of City Equipment.............................................................................................................43
6.9.4 Political Activity ............................................................................................................................43
6.9.5 Employment of Relatives.............................................................................................................43
6.9.6 Labor / Management Meetings..................................................................................................43
6.9.7 Contract Orientation Work Sessions .........................................................................................43
6.9.8 Temp Seasonal Employees.......................................................................................................43
6.9.9 Gym Reimbursement.................................................................................................................44 7 PROCEDURES .......................................................................................................................44
7.1 DEMOTION & SUSPENSION ...........................................................................................................44
7.1.1 Demotion....................................................................................................................................44
7.1.2 Suspension ................................................................................................................................44
7.2 TERMINATION OF EMPLOYMENT....................................................................................................44 4 SEIU 20241-20274
7.2.1 Resignation................................................................................................................................44
7.2.2 Termination - Layoff (Lack of work or funds).............................................................................44
7.2.3 Termination - Disciplinary Action ...............................................................................................44
7.2.4 Retirement ................................................................................................................................. 44
7.2.5 Job Abandonment......................................................................................................................45
7.3 DISCIPLINARY ACTION..................................................................................................................45
7.3.1 Right to Discipline & Discharge ................................................................................................. 45
7.3.2 Preliminary Notice......................................................................................................................45
7.3.3 Disciplinary Action and Appeal ..................................................................................................46
7.3.4 Harassment Policy.....................................................................................................................46
7.4 GRIEVANCE PROCEDURE .............................................................................................................46
7.4.1 Definition....................................................................................................................................46
7.4.2 Procedure ..................................................................................................................................46
7.4.3 Arbitration...................................................................................................................................47
7.4.4 General Provisions ....................................................................................................................48
7.5 POSITION RECLASSIFICATION .......................................................................................................48
7.6 FURLOUGH PROGRAM..................................................................................................................48
7.6.1 Voluntary Time Off (VTO)..........................................................................................................48
7.6.2 Mandatory Time Off (MTO)........................................................................................................49
7.7 REDUCTION IN FORCE ..................................................................................................................50
7.7.1 Authority.....................................................................................................................................50
7.7.2 Notice.........................................................................................................................................50
7.7.3 Order of Layoff...........................................................................................................................50
7.7.4 Seniority.....................................................................................................................................50
7.7.5 Bumping Rights .........................................................................................................................50
7.7.6 Transfer Rights ..........................................................................................................................50
7.7.7 Layoff Procedure Notification.....................................................................................................51
7.8 RE-EMPLOYMENT ........................................................................................................................51
7.8.1 General Guidelines ....................................................................................................................51
7.8.2 Right to Re-Employment............................................................................................................51
7.8.3 Time Limits................................................................................................................................. 51
7.8.4 Availability..................................................................................................................................51
7.8.5 Probationary Status ...................................................................................................................51
7.8.6 Restoration of Benefits ..............................................................................................................51 1 GENERAL PROVISIONS ....................................................................................................... 5
1.1 INTRODUCTION............................................................................................................................... 5
1.1.1 Scope of Agreement.................................................................................................................... 5
1.1.2 Term of MOU ............................................................................................................................... 5
1.2 RECOGNITION ................................................................................................................................ 5
1.2.1 Bargaining Unit ............................................................................................................................ 5
1.2.2 Notice to Employees.................................................................................................................... 5
1.3 NON-DISCRIMINATION .................................................................................................................... 5
1.3.1 In General .................................................................................................................................... 5
1.3.2 Union Discrimination.................................................................................................................... 6
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING ....................................................................... 6
1.5 EXISTING LAWS, REGULATIONS & POLICIES.................................................................................... 6
1.6 STRIKES & LOCKOUTS ................................................................................................................... 6
1.7 SEVERABILITY ............................................................................................................................... 6
1.8 PREVAILING RIGHTS....................................................................................................................... 6
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER............................................................................. 6
1.9.1 Understanding ............................................................................................................................. 6
1.9.2 Waiver & Modification.................................................................................................................. 6 2 MMBA......................................................................................................................................... 7
2.1 UNION RIGHTS............................................................................................................................... 7
2.1.1 Union Stewards Designation ....................................................................................................... 7 5 SEIU 20241-20274
2.1.2 Bulletin Boards............................................................................................................................. 7
2.1.3 New Members.............................................................................................................................. 7
2.1.4 Employee Information.................................................................................................................. 7
2.2 DUES DEDUCTION.......................................................................................................................... 7
2.2.1 Collection of Dues........................................................................................................................ 7
2.2.2 Dues Collection during Separation from Employment................................................................. 7
2.2.3 Indemnification............................................................................................................................. 8
2.3 MANAGEMENT RIGHTS ................................................................................................................... 8
2.4 COMMENCEMENT OF NEGOTIATIONS............................................................................................... 9 3 COMPENSATION.................................................................................................................... 9
3.1 GENERAL WAGES AND COMPENSATION.......................................................................................... 9
3.1.1 Pay Dates .................................................................................................................................... 9
3.1.2 General Wage Increase............................................................................................................... 9
3.1.3 Compensation Goal & Definitions..............................................................................................10
3.1.4 Compensation Surveys..............................................................................................................11
3.1.5 Compensation Plan ...................................................................................................................11
3.2 STEP INCREASES .........................................................................................................................11
3.2.1 Entry Level Step ........................................................................................................................11
3.2.2 Consideration for Step Increases ..............................................................................................11
3.2.3 Merit Increases ..........................................................................................................................11
3.2.4 Anniversary Date .......................................................................................................................12
3.2.5 Promotions................................................................................................................................. 12
3.2.6 Performance Evaluations...........................................................................................................12
3.3 SALARY CHANGE ON RECLASSIFICATION ......................................................................................12
3.3.1 To a Lower Classification...........................................................................................................12
3.3.2 To a Different Classification with the Same Salary Range........................................................12
3.3.3 To a Higher Classification..........................................................................................................12
3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS........................................................................13
3.4.1 Out of Class Compensation.......................................................................................................13
3.4.2 Shift Differential Pay ..................................................................................................................13
3.4.3 Court Pay...................................................................................................................................13
3.5 ADDITIONAL PAY .........................................................................................................................14
3.5.1 Educational Reimbursement – Miscellaneous Unit ...................................................................14
3.5.2 Educational Reimbursement – Supervisory Unit.......................................................................14
3.5.3 Bilingual Pay – Miscellaneous Employees ................................................................................14
3.5.4 Bilingual Pay – Supervisory Unit ...............................................................................................15
3.5.5 Garage Employees Uniform Maintenance Program..................................................................15
3.5.6 Sewer Employees Uniform Maintenance Program ...................................................................15
3.5.7 Uniform Allowance.....................................................................................................................15
3.5.8 Uniform Jacket Cleaning Allowance ..........................................................................................16
3.5.9 Mechanical Tool Allowance .......................................................................................................17
3.5.10 Holiday Pay................................................................................................................................17 4 BENEFITS...............................................................................................................................17
4.1 EMPLOYEE BENEFITS COMMITTEE ................................................................................................17
4.2 HEALTH & WELFARE....................................................................................................................17
4.2.1 Full Flex Cafeteria Plan .............................................................................................................17
4.2.2 Retirees Health Insurance .........................................................................................................18
4.2.3 Health and Dependent Care Spending Accounts......................................................................19
4.2.4 Health Insurance Providers .......................................................................................................19
4.3 DENTAL PLAN..............................................................................................................................19
4.4 VISION CARE PLAN ......................................................................................................................20
4.5 LIFE INSURANCE ..........................................................................................................................20
4.6 LONG TERM DISABILITY INSURANCE .............................................................................................20
4.7 RETIREMENT CONTRIBUTION ........................................................................................................20
4.7.1 City Paid Employee Retirement (City Paid Member Contribution)............................................20 6 SEIU 20241-20274
4.7.2 Retirement Plans .......................................................................................................................20
4.7.3 Member Cost of Living Rates ....................................................................................................20
4.8 STATE DISABILITY INSURANCE (SDI)............................................................................................21 5 LEAVES.....................................................................................................................................21
5.1 SICK LEAVE................................................................................................................................. 21
5.1.1 Eligibility.....................................................................................................................................21
5.1.2 Sick Leave Accrual ....................................................................................................................22
5.1.3 Use of Sick Leave......................................................................................................................22
5.1.4 Advance of Sick Leave ..............................................................................................................22
5.1.5 Service Credit for Sick Leave ....................................................................................................22
5.1.6 Compensation for Unused Portion ............................................................................................22
5.2 VACATION LEAVE.........................................................................................................................23
5.2.1 Eligibility.....................................................................................................................................23
5.2.2 Rate of Accrual ..........................................................................................................................23
5.2.3 Administration of Vacation Leave ..............................................................................................23
5.2.4 Vacation Cash-In .......................................................................................................................24
5.3 HOLIDAYS....................................................................................................................................24
5.3.1 Paid Holidays.............................................................................................................................24
5.4 OTHER LEAVE .............................................................................................................................25
5.4.1 Personal Leave – Supervisory Unit ...........................................................................................25
5.4.2 Safety Holiday............................................................................................................................25
5.4.3 Bereavement Leave...................................................................................................................25
5.4.4 Jury Duty....................................................................................................................................25
5.4.5 Military Leave.............................................................................................................................25
5.4.6 Leave of Absence Without Pay ................................................................................................. 26
5.4.7 Industrial Injury Leave................................................................................................................26
5.4.8 Family Medical Leave................................................................................................................26
5.4.9 Catastrophic Leave....................................................................................................................26 6 TERMS & CONDITIONS OF EMPLOYMENT ................................................................. 27
6.1 HOURS OF WORK.........................................................................................................................27
6.2 OVERTIME ...................................................................................................................................27
6.3 COMPENSATORY TIME POLICY .....................................................................................................27
6.3.1 Accrual Limit ..............................................................................................................................27
6.3.2 Overtime Rate............................................................................................................................27
6.4 STAND BY OR CALL BACK DUTY ..................................................................................................28
6.4.1 Compensation When Assigned to Standby Duty – All Departments except Sanitation............28
6.4.2 Compensation When Assigned to Standby Duty – Sanitation Department ..............................28
6.4.3 Compensation When Not Assigned to Call Back Duty..............................................................29
6.4.4 Minimum Payment for Call Out..................................................................................................29
6.4.5 Standby Residency and Cell Phones ........................................................................................29
6.5 DOT AND CLASS B REQUIREMENTS .............................................................................................29
6.6 PROBATIONARY PERIOD ....................................................................................................................30
6.6.1 Purpose of Probation...................................................................................................................30
6.6.2 Length of Probationary Period.....................................................................................................30
6.6.3 Rejection During Probation..........................................................................................................30
6.6.4 Notification of Rejection...............................................................................................................30
6.6.5 Extension of Probationary Period................................................................................................30
6.6.6 Regular Status .............................................................................................................................30
6.6.7 Promotion of Probationary Employee..........................................................................................30
6.6.8 Unsuccessful Passage of Promotional Probation .......................................................................30
6.6.9 Lateral Transfer Probation...........................................................................................................31
6.7 TRANSFERS / REASSIGNMENTS...........................................................................................................31
6.7.1 Types of Transfers.......................................................................................................................31
6.7.2 Minimum Qualifications & Probation............................................................................................31
6.7.3 Transfer Procedures ....................................................................................................................31 7 SEIU 20241-20274
6.8 PERSONNEL RULES & REGULATIONS ................................................................................................. 31
6.8.1 Drug & Alcohol Policy ..................................................................................................................32
6.8.2 Confidential Nature of Personnel Records ..................................................................................32
6.8.3 Confidential Nature of Medical Records......................................................................................32
6.8.4 Outside Employment Policy.........................................................................................................32
6.8.5 Use of City Vehicle ......................................................................................................................32
6.8.6 Wireless Communication Policy ..................................................................................................32
6.8.7 Safety Policy ................................................................................................................................32
6.8.8 Materials Relating to Disciplinary Action .....................................................................................32
6.9 MISCELLANEOUS................................................................................................................................33
6.9.1 Hazardous Materials....................................................................................................................33
6.9.2 Gratuities / Solicitation of Contributions.......................................................................................33
6.9.3 Return of City Equipment.............................................................................................................33
6.9.4 Political Activity ............................................................................................................................33
6.9.5 Employment of Relatives.............................................................................................................33
6.9.6 Labor / Management Meetings..................................................................................................33
6.9.7 Contract Orientation Work Sessions .........................................................................................34
6.9.8 Temp Seasonal Employees.......................................................................................................34
6.9.9 Gym Reimbursement.................................................................................................................34 7 PROCEDURES .......................................................................................................................34
7.1 DEMOTION & SUSPENSION ...........................................................................................................34
7.1.1 Demotion....................................................................................................................................34
7.1.2 Suspension ................................................................................................................................34
7.2 TERMINATION OF EMPLOYMENT....................................................................................................34
7.2.1 Resignation................................................................................................................................34
7.2.2 Termination - Layoff (Lack of work or funds).............................................................................35
7.2.3 Termination - Disciplinary Action ...............................................................................................35
7.2.4 Retirement ................................................................................................................................. 35
7.2.5 Job Abandonment......................................................................................................................35
7.3 DISCIPLINARY ACTION..................................................................................................................35
7.3.1 Right to Discipline & Discharge ................................................................................................. 35
7.3.2 Preliminary Notice......................................................................................................................36
7.3.3 Disciplinary Action and Appeal ..................................................................................................36
7.3.4 Harassment Policy.....................................................................................................................36
7.4 GRIEVANCE PROCEDURE .............................................................................................................36
7.4.1 Definition....................................................................................................................................36
7.4.2 Procedure ..................................................................................................................................37
7.4.3 Arbitration...................................................................................................................................37
7.4.4 General Provisions ....................................................................................................................38
7.5 POSITION RECLASSIFICATION .......................................................................................................38
7.6 FURLOUGH PROGRAM..................................................................................................................38
7.6.1 Voluntary Time Off (VTO)..........................................................................................................39
7.6.2 Mandatory Time Off (MTO)........................................................................................................39
7.7 REDUCTION IN FORCE ..................................................................................................................40
7.7.1 Authority.....................................................................................................................................40
7.7.2 Notice.........................................................................................................................................40
7.7.3 Order of Layoff...........................................................................................................................40
7.7.4 Seniority.....................................................................................................................................40
7.7.5 Bumping Rights .........................................................................................................................41
7.7.6 Transfer Rights ..........................................................................................................................41
7.7.7 Layoff Procedure Notification.....................................................................................................41
7.8 RE-EMPLOYMENT ........................................................................................................................41
7.8.1 General Guidelines ....................................................................................................................41
7.8.2 Right to Re-Employment............................................................................................................41
7.8.3 Time Limits................................................................................................................................. 41
7.8.4 Availability..................................................................................................................................41 8 SEIU 20241-20274
7.8.5 Probationary Status ...................................................................................................................41
7.8.6 Restoration of Benefits ..............................................................................................................42
LIST OF EXHIBITS
Exhibit A Salary Schedule for July 1, 20241 – June 30, 20274 Exhibit B Benchmarks and Internal Relationships Table
9 SEIU 20241-20274
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SEIU LOCAL 1021
This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et seq. of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 20241 and ending June 30, 20274. When ratified by the Local 1021 Bargaining Unit membership and approved by City Council, this Memorandum of Understanding shall be binding upon the SEIU Local 1021, the employees it represents, and the City of San Rafael.
7 GENERAL PROVISIONS
7.1 INTRODUCTION
7.1.1 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 SEIU 1021 (herein-after called "UNION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein.
7.1.2 Term of MOU
This agreement shall be in effect from July 1, 20241 through June 30, 20274
7.2 RECOGNITION
7.2.1 Bargaining Unit
City hereby recognizes Union as bargaining representative for purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the Miscellaneous and Supervisory Bargaining Units. (As referenced in Exhibit "A" attached).
7.2.2 Notice to Employees
Whenever a person is hired in any of the job classifications set forth herein, City shall notify such person that the Union is the recognized bargaining representative for employees in that classification.
7.3 NON-DISCRIMINATION
7.3.1 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 10 SEIU 20241-20274
orientation, perceived sexual orientation, gender, gender expression, gender identity, marital status, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history) or physical or mental disability. Any employee alleging such discrimination should use the internal, administrative process explained in the City of San Rafael’s Policy against Harassment, Discrimination and Retaliation to redress the situation.
Such employees shall be entitled to Union representation.
7.3.2 Union Discrimination
No member, official, or representative of the Union shall, in any way suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Union.
7.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Union agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request.
7.5 EXISTING LAWS, REGULATIONS & POLICIES
This agreement is subject to all applicable laws of the State of California, ordinances, regulations, and policies of the City of San Rafael.
7.6 STRIKES & LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out employees, and the Union agrees that it will not agree to, encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Union will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time.
7.7 SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet-and-confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section.
7.8 PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted through rules, regulation, ordinance or resolution, which are not specifically superseded by this Memorandum of Understanding, shall remain in full force and effect throughout the term of this Agreement.
7.9 FULL UNDERSTANDING, MODIFICATION, WAIVER
7.9.1 Understanding
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.
7.9.2 Waiver & Modification
11 SEIU 20241-20274
Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum.
The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring by mutual agreement.
8 MMBA
8.1 UNION RIGHTS
8.1.1 Union Stewards Designation
The Union shall, by written notice to the City Manager, designate certain of its members as Union Stewards. Union Stewards shall be permitted reasonable time for Union activities including grievance representation. In all cases, the Stewards shall secure permission from the Stewards’ supervisor before leaving a work assignment. Such permission shall not be unreasonably withheld.
Union Stewards for salary discussions shall be in accordance with the Meyers-Milias-Brown (MMBA) Act.
8.1.2 Bulletin Boards
Authorized representatives of the Union shall be allowed to post Union notices on specified bulletin boards maintained on City premises.
8.1.3 New Members
Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Union, 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 up to forty-five (45)30 minutes, at a mutually agreeable time, during the initial within thirty (30) days of the City’s notice of a new employee to the Union employment for a new employee orientation by the Union. The City and the Union intend that time (i.e., up to 4530 minutes) will occur at employee orientation whenever possible.
The City will provide reasonable advance notice to the Union of employee orientations conducted by the City. The Union Representative shall receive not less than 10 days' notice in advance of a City orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the City’s operations that was not reasonably foreseeable. The structure, time, and manner of Union Representative access shall be determined through mutual agreement between the City and the Union.
If the City has not conducted an in-person new employee orientation within 30 days of a newly hired employee's start date, and the new employee is working in person, the Union Representative shall be entitled to schedule an in-person meeting at the worksite during employment hours, during which newly hired employees shall have the opportunity to attend and shall be relieved of other duties for the purpose of attending the meeting.
8.1.4 Employee Information
The City shall provide the Union with the name, job title, department, work location, work, home and personal cell phone numbers, home address, and personal email address hire date and pay rate on file with the City for all employees within the Union every 120 days. In addition, a 12 SEIU 20241-20274
report with similar information of each Union new hire will be provided to the Union within 30 days of the hire date.
If the City updates its human resources management system, then the City will notify SEIU within 30-days of transferring to the new system of any additional reports that can be run from the system. After the City provides SEIU with this notice, then either Party may request to open this section for further negotiations.
8.1.5 Union Meeting Space
Upon Union's request, the City shall provide meeting space outside working hours, provided such space is available and Union complies with all departmental rules and City policies.
Request for use of facilities may be made in advance to the Department Head, or designee, and will indicate the date, time, and general purpose of the meeting and facilities needed.
8.1.6 Union Communications
The City’s communication infrastructure (e.g. City email, postal mail, phone, or online messaging service) may be used for communication between bargaining unit members and Union Representatives. The Union understands that the management of the communication infrastructure is a matter within the discretion of the City. Union Representatives acknowledge they must adhere to all City computer use and privacy policies.
8.2 DUES DEDUCTION
8.2.1 Collection of Dues
City agrees to deduct dues and voluntary union deductions selected by members, as established by the Union, from the salaries of its members. The sums so withheld shall be remitted by City, without delay, along with a list of employees and their respective dues and voluntary deductions. Union bears responsibility for allocating dues and voluntary deductions pursuant to employees’ requests.
8.2.2 Dues Collection during Separation from Employment The provisions specified above (Section 2.2.1.) shall not apply during periods of separation from the representation Unit by any such employee but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representation Unit. The term “separation” includes transfer out of the Unit, layoff, and leave without pay absences with a duration period of more than five (5) working days.
8.2.3 Indemnification
Moneys withheld by the City shall be transmitted to the Treasurer of the Union at the address specified. The Union shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City on account of check off of employee organization dues or service fees. In addition, the Union shall refund to the City any amount paid to it in error upon presentation of supporting evidence.
8.3 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy; 13 SEIU 20241-20274
2. To determine the existence of facts which are the basis of the management decision;
3. To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services;
4. To determine the nature, manner, means, technology and extent of services to be provided to the public;
5. Methods of financing;
6. Types of equipment or technology to be used;
7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted;
8. To determine and change the number of locations, re-locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right (after effect bargaining) to contract for or subcontract any work or operation of the City;
9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments;
10. To relieve employees from duties for lack of work or other legitimate reasons;
11. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations and this MOU;
12. To determine job classifications and to reclassify employees;
13. To hire, transfer, promote and demote employees in accordance with this Memorandum of Understanding and the City's Rules and Regulations;
14. To determine policies, procedures and standards for selection, training and promotion of employees;
15. To establish and modify employee and organizational performance and productivity standards and programs including but not limited to, quality and quantity standards; and to require compliance therewith;
16. To maintain order and efficiency in its facilities and operations;
17. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement;
18. To take any and all necessary action to carry out the mission of the City in emergencies.
The City and the Union agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall have the duty to meet and confer with the Union regarding the impact of its decision/exercise of rights.
8.4 COMMENCEMENT OF NEGOTIATIONS
It is mutually agreed to begin the Meet and Confer process no later than three (3) months before the expiration date of this MOU, regarding the terms and conditions applicable to successor MOUs. The process will be initiated by the Union through the submittal of potential meeting dates.
14 SEIU 20241-20274
9 COMPENSATION
9.1 GENERAL WAGES AND COMPENSATION
9.1.1 Pay Dates
City employees are paid twice per month on the 15th and the last working day of the month.
When a payday falls on a holiday, the payday will be transferred to the following day of regular business unless Finance is able to complete the payroll by the previous workday. The method of the distributing payroll shall be established by the Finance Director.
The City calculates 1,950 hours as the annual number of work hours per year (37.5 hours per work week times 52 weeks per year equals 1,950 hours) for all classifications except Child Care Instructor I and II. Each semi-monthly pay period is calculated at 81.25 hours (1,950 hours divided by 24 pay periods). The hourly rate of pay is calculated by multiplying the monthly rate of pay identified in Appendix A times 12 months to equal the annual rate of pay, divided by 1,950 hours in a work year, to equal the hourly rate of pay.
The annual number of work hours per year for the classifications of Child Care Instructor I and II shall be 1,820 hours per year (35 hours per week times 52 week per year equals 1,820 hours).
Each semi-monthly pay period is calculated at 75.53 hours (1,820 hours divided by 24 pay periods). The hourly rate of pay is calculated by multiplying the monthly rate of pay identified in Appendix A times 12 months to equal the annual rate of pay, divided by 1,820 hours in a work year, to equal the hourly rate of pay.
The City will modify its pay schedule to 26 pay periods effective when administratively feasible subject to addressing technical issues and reaching agreement with all bargaining groups.
9.1.2 General Wage Increase
The City shall provide the following salary increases at the following rates by benchmark in each year of the MOU:
Accounting Assistant II
• Effective July 1, 20212024, a 1.63.0% general salary increase plus 1.652.0% equity adjustment (a 3.255.0% total wage increase).
• Effective July 1, 20222025, a 1.63.0% general salary increase plus 1.40% equity adjustment (a 34.0% total wage increase).
• Effective July 1, 20232026, a 1.63.0% general salary increase plus 1.40% equity adjustment (a 34.0% total wage increase).
Administrative Assistant II
• Effective July 1, 20212024, a 1.63.0% general salary increase plus 1.652.0% equity adjustment (a 3.255.0% total wage increase).
• Effective July 1, 20222025, a 1.63.0% general salary increase plus 1.40% equity adjustment (a 34.0% total wage increase).
• Effective July 1, 20212026, a 1.63.0% general salary increase plus 1.40% equity adjustment (a 34.0% total wage increase).
Associate Planner
• Effective July 1, 20212024, a 1.63.0% general salary increase plus 2.40% equity adjustment (a 45.0% total wage increase).
• Effective July 1, 20222025, a 1.63.0% general salary increase plus 2.151.0% equity adjustment (a 3.754.0% total wage increase).
• Effective July 1, 20232026, a 1.63.0% general salary increase plus 1.650% equity adjustment (a 3.254.0% total wage increase).
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Library Assistant II
• Effective July 1, 20212024, a 1.63.0% general salary increase plus 2.49.0% equity adjustment (a 412.0% total wage increase).
• Effective July 1, 20222025, a 1.63.0% general salary increase plus 2.153.0% equity adjustment (a 3.756.0% total wage increase).
• Effective July 1, 20232026, a 1.63.0% general salary increase plus 1.653.0% equity adjustment (a 3.256.0% total wage increase).
Parking Enforcement Officer
• Effective July 1, 20212024, a 1.63.0% general salary increase plus 1.652.0% equity adjustment (a 3.255.0% total wage increase).
• Effective July 1, 20222025, a 1.63.0% general salary increase plus 1.40% equity adjustment (a 34.0% total wage increase).
• Effective July 1, 20232026, a 1.63.0% general salary increase plus 1.40% equity adjustment (a 34.0% total wage increase).
Street Maintenance Supervisor
Effective July 1, 20212024, a 1.63.0% general salary increase plus 2. 10% equity adjustment (a 3.705.0% total wage increase).
Effective July 1, 20222025, a 1.63.0% general salary increase plus 1.90% equity adjustment (a 3.504.0% total wage increase).
Effective July 1, 20232026, a 1.63.0% general salary increase plus 1.91.0% equity adjustment (a 3.504.0% total wage increase).
Child Care Director, Child Care Instructor I/II
Effective July 1, 2024, a 3.0% general salary increase plus 9. 0% equity adjustment (a 12.0% total wage increase).
Effective July 1, 2025, a 3.0% general salary increase plus 3.0% equity adjustment (a 6.0% total wage increase).
Effective July 1, 2026, a 3.0% general salary increase plus 3.0% equity adjustment (a 6.0% total wage increase)
The parties agree to reopen negotiations during the term of the MOU to continue to discuss appropriate adjustments for the Child Care Director benchmark. COLA and Equity adjustments for this benchmark shall not preclude further wage adjustments.
The parties acknowledge that future compensation adjustments will also be based on Council approval of any side letter to the MOU in open session and based on Council’s approval of any additional rate increases to the Childcare Program to ensure that it is funded.
For all other classifications that are not linked to benchmark positions Effective July 1, 2024, a 3.0% general salary increase plus 2. 0% equity adjustment (a 5.0% total wage increase).
Effective July 1, 2025, a 3.0% general salary increase plus 1.0% equity adjustment (a 4.0% total wage increase).
Effective July 1, 2026, a 3.0% general salary increase plus 1.0% equity adjustment (a 4.0% total wage increase)
9.1.3 Compensation Goal & Definitions
It is the goal of the City to try to achieve a total compensation package for all employees represented by the Union in an amount equal to the following:
1. The average plus one dollar to the total compensation paid to the same or similar classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato and Santa Rosa; and, 16 SEIU 20241-20274
2. The highest total compensation paid to the same or similar classifications in the following agencies in Marin County: Corte Madera, Larkspur, Marin County, Mill Valley, Novato, and San Anselmo.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.
9.1.4 Compensation Surveys
To measure progress towards the above-stated goal, the City and the Union will jointly survey the identified benchmark positions, which are identified in the SEIU 1021 Represented Benchmarks and Internal Relationships Table attached as Exhibit "B" and included as part of this MOU, in September January of the final year of this Agreement.
Identified benchmark positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the benchmark position is identified by the survey agency as being on the salary schedule and having a job class description. Other city/agency positions are established as benchmark positions in San Rafael's compensation survey based upon similar work and similar job requirements.
Survey data will include all salary and benefit increases, as defined in 'total compensation'. The City and the Union shall review the benchmark and related survey data for accuracy and completeness.
9.1.5 Compensation Plan
The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, steps and any other special circumstances or items related to the total compensation paid employees.
Each position within the classified services shall be allocated to its appropriate class in the classification plan on the basis of duties and responsibilities. Each class shall be assigned a salary range or a rate established in the salary plan. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect.
9.2 STEP INCREASES
9.2.1 Entry Level Step
All initial employment shall be at the first step of the salary range, provided that the Department Director may make an appointment to a position at an appropriate higher salary when, in his/hertheir opinion, it is necessary to obtain qualified personnel, or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. City Manager approval is required for entry level appointment above Step C for any position.
9.2.2 Consideration for Step Increases
An employee may be considered for a salary step increase in accordance with the time interval established in the salary plan as referenced in Exhibit "A". Unless otherwise noted, salary step increases within established salary ranges are scheduled at yearly intervals. Advancement to a higher salary step within an established salary range is granted for continued improvements and efficient and effective work by the employee in the performance of his/hertheir duties. 17 SEIU 20241-20274
9.2.3 Temporary Merit Increases
TemporaryAccelerated merit performance step increases of five percent (5%) may be granted to an employee for temporary work performed beyond their current classification based upon the recommendation of the Department Director and approval of the City Manager. Employees at the maximum step of their salary range may be granted a merit performance step increase of five percent (5%) above and beyond their salary range. A merit step increase may be effective for up to one (1) year. A merit step increase may be withdrawn and is not a disciplinary action and is not appealable. A temporary merit increase may be withdrawn and is not a disciplinary action and is not appealable.
9.2.4 Anniversary Date
Based upon job performance, as measured by a Performance Evaluation, employees may receive consideration for a step increase within their salary range on their anniversary date.
When an employee is promoted or reclassified to a new position, the first pay date at the new position shall constitute the employee’s new anniversary date for purposes of the annual Performance Evaluation.
9.2.5 Promotions
Employees promoted to higher-level positions shall be placed at the step in the new salary range that will provide, at a minimum, a five (5%) increase (unless that would exceed the top step in the salary range).
9.2.6 Performance Evaluations
Upon completion of the probationary period, a performance evaluation shall be prepared and reviewed on or before the anniversary date and yearly thereafter as a means of determining whether a step increase is merited, and/or as a means of improving employee performance and communication between supervisors and subordinates.
Employees who receive a satisfactory or above rating on their performance evaluation shall receive a step increase. In the event the performance evaluation occurs after the anniversary date and the evaluation is rated satisfactory or above, the step increase shall be retroactive to the anniversary date.
If a performance evaluation is past due by more than 60 days the City shall process a Personnel Action Report (PAR) moving the employee to the next step in the salary range provided the Department Director provides a written statement to the Human Resources Director indicating that the employee’s performance is satisfactory or above. The Human Resources Director will work with the employee’s supervisor to have a performance evaluation completed as soon as possible.
9.3 SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified, the incumbent shall be affected as outlined below:
9.3.1 To a Lower Classification
When a position is re-allocated to a lower classification the incumbent is either:
1. Transferred to a vacant position in the former classification; or If the incumbent's current salary is greater than the top step of the lower classification, Y-rated at the current salary until the salary of the lower classification is at or above the Y-rate.
9.3.2 To a Different Classification with the Same Salary Range 18 SEIU 20241-20274
When a position is reallocated to a different classification with the same salary range, the incumbent shall be granted the same status in the new classification, in which he/shethey shall be paid at the same step of the range and shall maintain the same salary rights.
9.3.3 To a Higher Classification
When a position is reclassified to a classification with a higher salary range, the incumbent is moved into the higher classification with the position, except in the circumstances prescribed below. Placement in the salary range shall be in accordance with the appropriate salary pay plan.
If the duties upon which the reclassification are based could have been assigned to any of a number of employees in that classification within the division or department, then a promotional exam is held for the reclassified position. Such an exam is a departmental only recruitment limited to employees within that classification. If the incumbent is not successful in this competitive process, she/he is assigned to the position vacated by the promotion.
9.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
9.4.1 Out of Class Compensation
Employees assigned in writing by their supervisor to perform work in a higher paid classification, shall be compensated at a rate 5% greater than the employee's current base salary. Eligibility for out-of-class compensation requires a minimum assignment of five (5) consecutive days. The out-of-class increase shall be retroactive to the first day of the assignment However, when an employee is moving from a nonlead/supervisory to a lead/supervisory role, the out-of-class pay becomes effective on the first day of the assignment and the five (5) day minimum requirement does not apply. If the assignment extends beyond four consecutive weeks, then the employee shall be compensated at the lower step of the classification within which the duties fall if that is greater. The Department Director is required to complete a Personnel Action Report (PAR), located on the HR page of the Intranet, to initiate out-of-class compensation.
In the event a Parking Enforcement Officer is assigned “field training” duties, the City shall consider this as “out of class” work and the assigned Parking Enforcement Officer will receive 5% of their current pay as compensation for the hours worked in this assignment.
9.4.2 Shift Differential Pay
a. A three percent (3%) shift differential shall be paid for all employees in the represented bargaining group who are regularly scheduled to work fifty percent (50%) or more of their shift between the hours of 5:00 p.m. and 11:00 p.m. b. A five percent (5%) shift differential shall be paid for all employees in the represented bargaining group who are regularly scheduled to work fifty percent (50%) or more of their shift between the hours of 11:00 p.m. and 7:00 a.m. c. Employees in job classes not identified in this section who are assigned to work the swing or graveyard shift time periods on a temporary basis and/or on an overtime basis are excluded from shift differential pay for those time periods. d. Shift differential shall not be considered an additional percentage on salary for personnel involved but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts. d.e. Childcare Instructor I/IIs covered by this MOU who have a two-hour or more break in shifts during the same day will receive a .5 hour premium pay for that day. 19 SEIU 20241-20274
9.4.3 Court Pay
Parking Enforcement Officers who are required, in the course and scope of their official employment, to appear in court or other official hearings other than during his/hertheir work week schedule, shall receive a minimum of four hours pay if that appearance is on a scheduled day off. If a court appearance is required on a scheduled work day, and such appearance commences one half (1/2) hour after completion of an employee’s shift, then the employee shall be compensated at the overtime rate for actual time spent, beginning at the conclusion of the regular shift hours and ending upon his/hertheir release from the court or hearing office.
9.4.4 Change of Shift
A shift change is defined as a change in the hours of work in a day and/or the days of work in a week. This section is not to be used to change employee’s schedules or shift in order to avoid the payment of overtime.
The City shall provide unit members with notice of any changes to their regularly scheduled shifts prior to the beginning of the work week and not less than 72-hours to when the shift change is scheduled to occur.
The City is not required to provide the above-described advance notice of a shift change when a shift change is made in response to an emergency event, including but not limited to an event that poses immediate danger to live or property or a natural disaster.
In the event that the City is not able to provide notice as described above, then the employee shall be paid a premium of one and one-half times the regular rate of pay for the hours worked outside of their regularly scheduled shift.
9.5 ADDITIONAL PAY
9.5.1 Educational Reimbursement – Miscellaneous Unit
The Educational Reimbursement is $200/fiscal year, maximum, with the City's payment not to exceed 75% of the cost. Educational Reimbursement is available to employees who satisfactorily (grade of C or better, Pass or Complete) complete a course or courses that are pre-determined to be job related and/or that will assist the employee to prepare for career advancement in his/hertheir field. To be eligible, employees must have completed probation at the time of the reimbursement, which is made at the end of the semester.
The Educational Reimbursement Program will include reimbursement for professional membership dues for work-related organizations for employees in the “Administrative” or "Professional" sections of the Miscellaneous Bargaining Unit. Prior supervisory approval is necessary to be eligible for reimbursement. The total reimbursable amount remains at $200/fiscal year.
9.5.2 Educational Reimbursement – Child Care Unit
An Educational Reimbursement Program is available to employees for courses that are: job related, assist the employee in meeting requirements and/or prepare the employee for career advancement in the childcare field.
The reimbursement may not exceed 75% for the cost of the course, up to $300 per fiscal year maximum. The Educational Reimbursement Program also includes an additional reimbursement of up to $60 per fiscal year for professional membership dues for work-related organizations for employees.
To be eligible to receive reimbursement under this program the employee must:
20 SEIU 20241-20274
a. submit a written request and receive prior approval from the Recreation Supervisor for the Childcare Program;
b. be regularly scheduled to work 20 hours or more per week; c. have completed initial probation before reimbursement is received; and satisfactorily complete the course.
9.5.29.5.3 Educational Reimbursement – Supervisory Unit The Educational Reimbursement Program is $225 per fiscal year. This reimbursement is available to employees who have satisfactorily (grade of C or better, Pass or Complete) completed a course or courses that are predetermined to be job-related and/or that will assist the employee to prepare for career advancement in his/hertheir field. To be eligible, employees must have completed probation at the time of the reimbursement, which is made at the end of the semester.
The Educational Reimbursement Program will accommodate reimbursement of up to $100 per fiscal year for professional membership dues for work-related organizations for employees in the "Administrative", "Professional", or "Library" sections of the Supervisory Bargaining Unit.
Prior supervisory approval is necessary to be eligible for reimbursement. The total reimbursable amount remains at $225 per fiscal year.
9.5.39.5.4 Bilingual Pay – Miscellaneous Employees
Within the job classifications represented by the Union provisions are hereby established whereby an employee may receive bilingual pay for full fluency in a foreign language.
Full fluency is defined as a skill level that will allow the employee to fully assist someone else who does not speak English in coping with situations or problems by translating for, conversing with and/or reading or writing written material.
An employee can petition to his/hertheir Department Director for this bilingual pay incentive.
With the Department Director’s recommendation and on review by the Human Resources Director and approval of the City Manager the employee may begin to receive this bilingual pay incentive.
Criteria for approval of the bilingual pay incentive by the City Manager includes:
a. Certification by a recognized school of the appropriate skill level; and/or b. Demonstrated ability of the proficiency level on the job; and c. Department Director’s recommendation and statement that the bilingual skill of the employee can be of value to the department and the employee in the completion of their regular work assignments.
An employee approved for the bilingual pay incentive shall receive an additional $150.00 per month above their base salary. Part-time employees will be pro-rated for this incentive based on their full-time equivalency (FTE).
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.
21 SEIU 20241-20274
This bilingual pay incentive shall be reviewed annually and as long as the employee demonstrates (by work experience or re-testing, as determined by the City of San Rafael) the full fluency skill level; and as long as the Department Director indicates the value of this skill to the department and the employee in the completion of their regular work assignments.
Removal of the bilingual pay incentive would be considered a non-disciplinary action however removal of bilingual pay is appealable to the Human Resources Director. The determination of the Human Resources Director is not subject to any appeal/grievance procedure.
9.5.4 Bilingual Pay – Supervisory Unit
Within the Supervising Librarian and the Librarian I/II classification, the Library Director shall establish one position eligible to receive $150.00 per month Bilingual Pay Differential. This bilingual pay shall become effective the first payroll period after the designated employee takes and passes an approved proficiency examination.
The employee must be certified as sufficiently fluent in a language deemed to be of work value to the Library as determined by the Library Director and approved by the City Manager. Fluency certification may be obtained by either passing a department approved proficiency test or submitting a current (no more than one year old) certificate of satisfactory proficiency/fluency from a department approved agency or school. It is agreed that annual re-certification of fluency is required to continue receiving the Bilingual Pay Differential. Fluency in more than one foreign language does not entitle an employee to more than one $150.00 per month differential.
9.5.5 Garage Employees Uniform Maintenance Program
Uniform shirts, pants and coveralls will be provided. The City installed laundered facilities onsite and the maintenance employees of the Garage work units will self-launder their uniforms.
9.5.6 Sewer Employees Uniform Maintenance Program
Uniform shirts, pants and coveralls will be provided and laundered for the maintenance employees of the Sanitation Department.
9.5.7 Uniform Allowance
Maintenance employees in Parks, Streets, Building Maintenance and Community Services who must wear uniforms shall receive a uniform allowance in the amount of $157.50 at the completion of each six (6) months of service ending June 30th and December 31st. A pro-ration at the rate of $26.25/month may be given with the recommendation of the Department Director and the approval of the City Manager. Uniforms and gear must be in accordance with the departmental dress code and safety requirements.
Parking lot attendants and parking maintenance staff will be provided with shirts, hats and jackets by the City if they are required by the City to wear them.
The Environmental Management Coordinator, the Emergency Management Coordinator, Parking Maintenance staff and Fire Prevention Inspector I/II employees, if required to wear a uniform which is not provided by the City, shall receive an annual uniform allowance of $445 per year, paid in two installments, in June and December.
Parking Enforcement Officers (PEOs) shall receive an annual uniform allowance of $445 per year, paid in two installments, in June and December. PEOs shall have utility and rain gear provided by the City.
Note: While the 6-month periods end June 30th and December 31st, the actual payments of the uniform allowance are provided on the first paycheck in June and the first paycheck in December.
22 SEIU 20241-20274
A safety boot allowance of $200 $400 per Fiscal Yyear payable on the first paycheck in December shall be issued to employees in the following job classifications who shall be required to wear safety boots:
2119 CONSTRUCTION INSPECTOR- SRSD
7224 CUSTODIAN
7120 EMERGENCY MANAGEMENT COORDINATOR
1201 ENVIRONMENTAL MANAGEMENT COORDINATOR
7231 EQUIPMENT SERVICE ATTENDANT
7232 FACILITY REPAIR SUPERVISOR
7291 FACILITY REPAIR WORKER I
7233 FACILITY REPAIR WORKER II
7294 FACILITY REPAIR WORKER III
7108 FIRE PREVENTION INSPECTOR I
7107 FIRE PREVENTION INSPECTOR II
6212 PARKING EQUIPMENT TECHNICIAN
7256 PARK EQUIPMENT MECHANIC
7271 PARKS MAINT. SUPERVISOR
7236 PARKS MAINTENANCE WORKER I
7238 PARKS MAINTENANCE WORKER II
2123 PARKS LEAD MAINTENANCE WORKER
6208 PARKING ENFORCEMENT OFFICER
7290 PUBLIC WORKS DISPATCHER
7253 PUBLIC WORKS INSPECTOR
7266 SEWER MAINTENANCE WORKER I
7267 SEWER MAINTENANCE WORKER II
2204 SEWER LEAD MAINTENANCE WORKER
7281 SEWERS SUPERVISOR
7269 SHOP & EQUIPMENT SUPERVISOR
7209 STREET MAINTENANCE SUPERVISOR
7250 STREET MAINTENANCE WORKER I
7251 STREET MAINTENANCE WORKER II
7280 STREET LEAD MAINTENANCE WORKER
7288 SUPERVISING VEHICLE EQUIPMENT MECHANIC
7283 SWEEPER OPERATOR
7286 VEHICLE EQUIPMENT MECHANIC I
7287 VEHICLE EQUIPMENT MECHANIC II
9.5.8 Uniform Jacket Cleaning Allowance
Maintenance employees of the Sewer work unit, including the Sewer Maintenance Supervisor, will receive a work jacket cleaning allowance of $60.00 at the completion of each six (6) months 23 SEIU 20241-20274
of service ending June 30th (paid on the June 15th paycheck) and December 31st (paid on the December 15th paycheck). A pro-ration of $10.00/month may be given with the approval of the Department Director.
9.5.9 Mechanical Tool Allowance
The City will provide a tool allowance of $400/fiscal year for Vehicle Equipment Mechanics, the Equipment Service Attendant, the Shop and Equipment Supervisor, and the Parks Mechanic for tools purchased for use in the course of City work. This tool allowance will be issued during the month of July. Employees who receive the tool allowance are not eligible to receive reimbursement for lost or broken tools.
9.5.10 Holiday Pay
Parking Enforcement Officers shall receive holiday pay if a holiday falls on their regular day off.
If the holiday falls on a day which they are scheduled to work, they will be paid for the holiday automatically. The employee will use additional hours of vacation, comp, float or unpaid leave to complete his or hertheir regularly scheduled work day.
10 BENEFITS
10.1 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, Western Council of Engineers, Local 1 - Confidential, Police Officers Association, Police Mid-Managers Association, Firefighters’ Association, Fire Chief Officers Association, Mid-Management and Management employees.
10.2 HEALTH & WELFARE
10.2.1 Full Flex Cafeteria Plan
Effective January 1, 2010, the City implemented a Full Flex Cafeteria plan (known as the Flexible Benefits Plan) for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s Full Flex Cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the plan.
Effective July 1, 2024, the monthly flex dollar allowances shall be:
For employee only: $ 853.35
For employee and one dependent: $ 1,614.17
For employee and two or more dependents: $ 1,768.81
The monthly flex dollar allowance effective the paycheck of December 15, 2020 2024 shall be:
For employee only: $ 780.93950.00
For employee and one dependent: $ 1,477.201,900.00
For employee and two or more dependents: $ 1,618.712,400.00 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 24 SEIU 20241-20274
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 MOUEffective 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%). 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 precent (15%), the City and SEIU Local 1021 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 Fflex dollar allowances shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) 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 Payment: 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 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. 25 SEIU 20241-20274
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 or other legislation or agency guidance.
Unless a greater benefit is required by law, part-time, regular, permanent employees working at least 53.3% FTE shall be eligible to receive: a) pro-rated leave benefits; and b) a pro-rated flex dollar monthly allowance based upon the regular hours the employee works. The pro-rated share shall be equivalent to the part time employee position’s ratio of hours worked to full time equivalency.
For those part time employees hired prior to January 1, 2010 electing “Employee Only” coverage, the flex dollar allowance shall be prorated based off $1,264. The maximum benefit shall be $700 per month, unless a greater benefit is required by law.
10.2.2 Retirees Health Insurance
Employees represented by SEIU 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 on or before January 1, 2010
The City shall make a monthly retiree health insurance contribution 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 total monthly contribution, which includes the PEMHCA minimum contribution, shall not exceed $752 per month. The City’s retiree health contribution shall continue for the lifetime of the retiree and retiree’s spouse, in accordance with PEMHCA eligibility provisions for coverage. Employees receive the pro-rated amount based on their status at the time of retirement. For example: if an employee works part-time, and retires while working part-time, then the employee receives a pro-rated contribution based on the employee’s part-time status at the point of retirement.
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, 4.2.5b, 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 75 125 hours of sick leave after the conversion.
10.2.3 Health and Dependent Care Spending Accounts
City will offer Flexible Spending Accounts as part of its Section 125 Plan for as long as such a plan is desired by the Union and available pursuant to the IRS Code. The Flexible Spending Accounts offered by the City include:
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a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS Code up to the IRS Code limit. Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator.
b. Dependent Care Spending Accounts: Dependent care expenses that qualify under the IRS Code up to 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: Employee’s share of medical insurance 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 a. and/or b. above. City shall have the authority to implement changes to the 125 Programs to comply with changes in applicable IRS laws without having to go through the meet and confer process.
10.2.4 Health Insurance Providers
The City shall have the option, after meeting and consulting with representatives of The Union Stewards’ Council, of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits from those benefits available under the PERS program.
10.3 DENTAL PLAN
The City will provide a dental insurance program which offers 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible costs associated with crown and cast restoration per patient per calendar year and orthodontic coverage for eligible dependents (50/50). The dental provider will provide payments for covered services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each enrollee in each calendar year.
Dental insurance enrollment is available to part time, regular, permanent employees working at least 53.3% FTE. The City’s contribution towards the monthly dental insurance premium will be prorated based on the FTE level of the part time employee.
10.4 VISION CARE PLAN
The City will provide vision care benefits for employee only coverage. Employees may enroll qualified family members and pay the premium costs for such enrollment.
10.5 LIFE INSURANCE
The City shall be responsible for paying premiums for a life insurance and Accidental Death & Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a $5,000$20,000 life insurance and a $5,000 $20,000 AD&D benefit. The City shall also make available a voluntary life insurance program at employee expense.
10.6 LONG TERM DISABILITY INSURANCE
The City shall be responsible for paying premiums for a Long-Term Disability Policy for each employee that satisfies the eligibility provisions of the long-term disability policy. The Long-Term 27 SEIU 20241-20274
Disability policy shall provide for salary replacement of 66.67% of an individual’s salary up to a maximum disability benefit of $1,000 per month.
10.7 RETIREMENT CONTRIBUTION
10.7.1 City Paid Employee Retirement (City Paid Member Contribution) Bargaining unit members shall pay the full share of the employee's contribution to the Marin County Retirement System.
The City of San Rafael acknowledges that under its current practice, the employee’s share of their retirement contribution is deducted with pretax dollars. This practice will continue until changed through the Meet and Confer process or until IRS regulations change.
10.7.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 2.7% at 55- retirement program to all miscellaneous members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This is based on an employee’s single highest year of compensation.
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 three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum retirement age is 55.
Employees hired by the City 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.
10.7.3 Member Cost of Living Rates
Bargaining unit members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act).
10.8 STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically deducted from their paycheck and no City contribution will be made toward participation in the plan.
It is incumbent upon the employee to keep the City advised of their medical status, within HIPAA guidelines, and eligibility for SDI. With this notification, SDI benefits, as determined by the State, shall be integrated with accrued sick and vacation leave in the following manner:
a. Employee notifies supervisor of disability and need for time off. At the same time employee files for SDI through the State Office.
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b. Supervisor verifies from leave records the employee's accrual balances and projects whether or not employee would, under normal circumstances, be placed in a leave without pay status during the time off period. c. Personnel Action Report (PAR) is completed by the supervisor to document request and approval of extended leave.
d. Human Resources Department, on receipt of the PAR, contacts employee and supervisor to discuss availability of coordination of SDI with leave benefits. e. Employee's time off is recorded as sick leave and if necessary then vacation leave on time cards submitted by the supervisor to the Payroll Office. f. Upon receipt of the SDI payments, the employee must endorse the payments over to the City of San Rafael to receive credit for leave taken. g. Based upon the employee's hourly rate of pay, the Payroll Office computes how much used sick and/or vacation leave time the employee will be credited and credits the employee with those hours. NOTE: The employee may not be credited more than accrued at or during the time of the disability. h. The Human Resources Department, after notification from Payroll, notifies the employee when they have used all accrued sick and/or vacation time and when leave without pay status (LWOP) begins. Once the employee is on LWOP they would keep any SDI payments received and would be fully responsible for the monthly health, dental and life insurance premiums if they chose to remain in the group plans. FMLA/CFRA provide an exception and are referenced under Section 5.4.8.
11 LEAVES
11.1 SICK LEAVE
11.1.1 Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at an employee's discretion but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Department Director according to department Rules and Regulations or as soon as the employee is aware of the need for the absence and no later than at the beginning of his/hertheir daily duties. The City may request verification from a medical provider from any employee who is absent for three (3) or more consecutive days.
If an employee has documented sick leave abuse, the employee may be placed on an attendance management plan, which will require the employee to submit verification from a medical provider for all future use of sick leave. The employee shall be taken off an attendance management plan after twelve (12) months unless the pattern of sick leave abuse has continued.
11.1.2 Sick Leave Accrual
All eligible full-time employees shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave may be accumulated to any amount but a cap exists for payoff purposes (see Section 5.1.6). The sick leave accrual rate is prorated for eligible part time employees.
11.1.3 Use of Sick Leave
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An employee may use accrued sick leave during their probationary period. An employee eligible for sick leave with pay shall be granted such leave for the following reasons:
1. Personal illness of the employee or illness within the immediate family (family member means an employee’s spouse, registered domestic partner, any unmarried child, including adopted child, a stepchild, or recognized natural child who lives with the employee in a regular parent-child relationship, parent, including in-laws, and grandparent), or for any physical incapacity of the employee resulting from causes beyond the employee’s control; or
2. Enforced quarantine of the employee in accordance with community health regulations; or
3. Medical appointments that cannot be scheduled during non-working hours.
11.1.4 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.
11.1.5 Service Credit for Sick Leave
Employees who retire from the City of San Rafael within 120 days of leaving City employment (excludes deferred retirements) shall receive employment service credit for retirement purposes only for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement pursuant to Section 5.1.6 Compensation for Unused Portion (Sick Leave Payoff).
Employees hired on or after July 1, 2009 are not eligible to receive employment service credit of any accrued, unused sick leave for retirement purposes.
11.1.6 Compensation for Unused Portion
Upon termination of employment by resignation, retirement or death, a regular employee who leaves the City service in good standing shall receive compensation for all accumulated unused sick leave based upon the following formula: a rate of three percent (3%) for each year of service (i.e., 3% times number of employment service years). The maximum number of accumulated, unused sick leave an employee may be compensated for upon termination of employment is 600 hours. See Section 5.1.5 regarding service credit option for accumulated, unused sick leave that the employee is not compensated for upon termination.
11.2 VACATION LEAVE
11.2.1 Eligibility
Annual vacation with pay shall be granted each eligible employee. Vacation leave accrual shall be prorated for those employees working less than full time. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the Department Director.
11.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full-time employee (part time regular are prorated) shall accrue vacation at the following rate for continuous service.
Each service year in the chart begins on the first working day and ends on the last day of the service year:
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Service Year Annual Hours
(37.50 Hr)
Hours Per Month
(37.50 Hr)
Annual Hours
(35 Hr)
Hours Per Month
(35 Hr)
1 75.000 hours 6.2500 hours 70.000 hours 5.8333 hours
2 75.000 hours 6.2500 hours 70.000 hours 5.8333 hours
3 75.000 hours 6.2500 hours 70.000 hours 5.8333 hours
4 112.500 hours 9.3750 hours 105.000 hours 8.7500 hours 5 117.867 hours 9.8222 hours 110.250 hours 9.1875 hours 6 123.234 hours 10.2695 hours 115.500 hours 9.6250 hours 7 128.601 hours 10.7167 hours 120.750 hours 10.0625 hours 8 133.968 hours 11.1640 hours 126.000 hours 10.5000 hours 9 139.335 hours 11.6110 hours 131.250 hours 10.9375 hours 10 144.702 hours 12.0580 hours 136.500 hours 11.3750 hours 11 150.000 hours 12.5000 hours 140.000 hours 11.6667 hours 12 157.500 hours 13.1250 hours 147.000 hours 12.2500 hours 13 165.000 hours 13.7500 hours 154.000 hours 12.8333 hours 14 172.500 hours 14.3750 hours 161.000 hours 13.4167 hours 15 180.000 hours 15.0000 hours 168.000 hours 14.0000 hours 16 plus 187.500 hours 15.6250 hours 175.000 hours 14.5833 hours When an employee is on an approved leave without pay, vacation accrual is prorated based upon paid hours in the pay period. Upon the City’s modification of its pay schedule to 26 pay periods, the above accrual rates shall be adjusted to a pay period basis.
11.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Department Director, may advance vacation credits to any permanent regular and permanent part-time employee.
No employee may accrue more than 250 hours. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable cap limit.
The time at which an employee may use his/hertheir accrued vacation leave and the amount to be taken at any one time, shall be determined by employee's Department Director with particular regard for the needs of the City but also, insofar as possible, considering the wishes of the employee.
The Maximum amount of vacation leave that may be taken at any given time shall be that amount that has accrued to the employee concerned, subject to the Department Director’s approval. The minimum amount of vacation that may be taken at any given time shall be onehalf (1/2) hour (except that as permitted by law, the City shall authorize the use of vacation time in smaller increments to coordinate disability or workers compensation leaves with employee accrued paid time). Vacation leave granted by the City and used by an employee shall be deducted from the employee’s vacation leave bank.
In the event that one or more City holidays falls within an annual vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended accordingly.
Employees who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. 31 SEIU 20241-20274
Employees may request a temporary waiver of their vacation cap, should a work-related injury prevent use of vacation time. Such requests would need to be in writing, submitted through the department, and receive the approval of the Department Director and the City Manager.
11.2.4 Vacation Cash-In
An employee, who has taken at least ten (10) days of vacation in the preceding twelve (12) months, may request in any fiscal year that accrued vacation, not to exceed seven (7) days, be converted to cash payments and the request may be granted at the discretion of the City Manager. Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period.
11.3 HOLIDAYS
11.3.1 Paid Holidays
In order to be eligible for compensation for the paid holiday, the employee must be in both paid status on the day before the holiday and the day after the holiday.
All employees who are required to work on a day designated as an authorized holidayeligible for compensation for the paid holiday, other than a day on which an election is held throughout the state, shall be paid at the applicable rate of pay for the number of hours actually worked.
When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed.
By written agreement between the employee and supervisor, an employee working an alternative work schedule can bank the holiday time to be scheduled as paid time off at a later date. Holidays will be lost if not used within the same fiscal year, and will not be cashed out at any time during employment or upon separation.
The following holidays will be observed:
January 1st New Year’s Day
The third Monday in January Martin Luther King Jr. Day
The third Monday in February Washington’s Birthday
March 31st Cesar Chavez Day
The last Monday in May Memorial Day
July 4th Holiday Independence Day
June 19th Juneteenth
The first Monday in September Labor Day
November 11th Veteran’s Day
The fourth Thursday in November Thanksgiving Day
The fourth Friday in November Day after Thanksgiving
December 25th Christmas Day
In addition to designated holidays, employees in this Unit receive onetwo (12) floating holidays provided in January of each year. Floating holidays not used by the end of the calendar year are added to employee's vacation balance. Part-time employees will be paid for holidays on a pro-rated basis.
11.4 OTHER LEAVE
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11.4.1 Personal Leave – Supervisory Unit
Up to two (2) days of Personal Leave per fiscal year shall be granted to Supervisory Unit employees, with prior supervisory approval. Employees must submit leave requests two (2) weeks in advance. Unused Personal Leave does not carry over and cannot be cashed out.
11.4.2 Safety Holiday
A Safety Holiday Incentive Program is established for maintenance employees. Employees will be placed in one of the following units. The units are: (1) Park Division; (2) Street Division; (3) Sewer Division; (4) Garage Division; (5) Building Maintenance Division; or (6) Community Services Custodians. For part-time employees in these units who are eligible for benefits, any safety holiday will be pro-rated. If all employees of a designated unit complete six (6) months without a work-related injury or illness resulting in one full day of lost time, a Safety Holiday will be granted to all employees of that unit, with specific time off granted with prior Supervisory approval. Note: Multiple days of lost time for the same injury or illness shall be considered as one incident.
11.4.3 Bereavement Leave
The City recognizes that the death of a family member is a time of grief and stress and will act in a compassionate matter. In the event of the death of an employee's spouse, child, parent, sibling, registered domestic partner, grandchild, grandparent, parent in-laws, 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 may be granted for paid bereavement leave per occurrence. 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 who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Department Director as part of the request for bereavement leave. No request shall be unreasonably denied, and the City agrees to collaborate with the employee to find a resolution.
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.
11.4.4 Jury Duty
Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee provides advance notice to the Appointing Authority and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty.
11.4.5 Military Leave
Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the appointing authority and the Department Director an opportunity, within the limits of military regulations, to determine when such leave shall be taken.
11.4.6 Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Accrued vacation leave must be exhausted prior to the granting of leave without pay.
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11.4.7 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 department 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.
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 TD payments with salary continuation as follows: 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.
Sick Leave Usage Post Industrial Injury/Illness:
The following rule applies to employees who have an accepted industrial injury/illness: Available accrued sick leave cannot be used for more than 60 calendar days after one of the following has been determined:
a. The employee has reached maximum medical improvement and/or has been determined “permanent and stationary”,
b. The employee has been determined to be unable to return to their usual and customary occupation, with or without reasonable accommodation.
Given the above has occurred, next steps would include:
a. The interactive process; attempt to locate other appropriate employment within the City b. If none available, proceed with termination process, including disability retirement application and/or Skelly process, if appropriate.
11.4.8 Family Medical Leave
Union members agree to adhere to the provisions of the City’s Family Medical Leave Policy which is available on the City’s Intranet Website.
11.4.9 Catastrophic Leave
Catastrophic leave shall be in accordance with the City Catastrophic Leave Policy which is available on the City’s Intranet website.
11.4.10 Emergency/Smoke Leave
In the event that an emergency is declared that impacts City facilities or operations and results in the closure of any facilities, employees regularly assigned to work in a closed worksite may be required to report to a worksite other than their regular worksite to assist in emergency duties or to a non-impacted worksite for regular duties at the discretion of the City. 34 SEIU 20241-20274
If employees are not assigned to a non-impacted worksite or assigned to assist in emergency duties, they shall be granted leave up to 10 days in any calendar year and compensated for their regularly scheduled work day with no adverse effect to the employee.
This provision applies to Federal, State, County, or City declared emergencies or to other nondeclared circumstances that result in the closure of City facilities.
For up to 30 days during a required residential evacuation that has resulted from an abovedeclared emergency without additional approval from the Department Head, no employee shall be penalized for their inability to report to their worksite.
Employees who notify their supervisors that they are subject to a required residential evacuation resulting from a Federal, State, County, or City declared emergency shall not be disciplined for their inability to report to their worksite for the duration of the required residential evacuation.
11.4.1011.4.11 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 registered 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.
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 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 or reduced schedule.
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 working a reduced work schedule.
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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 6.6.5 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 policy 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 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 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 department 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.
11.4.12 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, 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 36 SEIU 20241-20274
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.
1.7. 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.
12 TERMS & CONDITIONS OF EMPLOYMENT
12.1 HOURS OF WORK
Except for full-time Child Care Instructors I/II, Tthe WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all represented job classes. The WORK WEEK for full-time Child Care Instructors I/II will reflect thirty-five (35) hours per week. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes shall be 7.5 hours per day for 37.50 hour employees and
7.0 hours per day for 35-hour employees. The 37.5-hour work week will begin July 1, 2013, at which time employees shall return to the work schedule worked prior to implementation of the
37.536-hour (or 35-hour) work week, unless otherwise arranged with the Department Head.
6.1.1 Consecutive Two-Day Weekends
No later than October 1, 2018, each library employee shall have a weekend consisting of two consecutive days off work. At least one of the weekend days shall be a Saturday or Sunday.
The City and the Union shall begin the meet and confer process regarding scheduling in the library within 30 calendar days of the ratification of this successor MOU.
Within 30 calendar days of the City Council approval of this successor MOU, the City and the Union shall begin the meet and confer process with the purpose of providing all employees with the option of having a consecutive two-day weekend. By mutual agreement of the City and the Union, additional language may be added to this section as a result of the meet and confer process.
When a library employee who traditionally works Monday-Friday is scheduled to work on a weekend, the City will provide the option for the employee to receive 2 consecutive days off work during that same workweek.
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12.2 OVERTIME
Overtime shall mean actual time authorized and worked beyond thirty-seven and one-half (37.5) hours in a regular work week, or seven and one-half hours (7.5) in one work day or regularly scheduled shift. A work or duty week shall be defined as seven (7) consecutive calendar days.
Overtime is compensable to the nearest half-hour and must have prior authorization and approval of the Department Director.
Each Department Director shall have the authority to designate certain job classifications for mandatory overtime in emergencies. In the event the Department Director determines that there is a staffing need during an emergency, the Department Director shall first make a reasonable effort to seek qualified volunteers to work overtime during the emergency. If the Department Director determines that there are an insufficient number of volunteers, or if time constraints prevent the soliciting of volunteers, the Department Director may order employees in the designated classifications (may vary depending on the emergency but primarily relates to job classifications in the Street Division of Public Works) to report to work in overtime status to address the emergency.
12.3 COMPENSATORY TIME POLICY
With the Department Director's approval, compensatory time, in lieu of overtime pay, may be taken subject to the following rules:
12.3.1 Accrual Limit
Employees may accrue up to 115 hours of compensatory time after which said employee must accept overtime pay in lieu of accruing additional compensatory time.
12.3.2 Overtime Rate
Employees who work overtime may be paid for it at the rate of time and one-half or may accrue compensatory time at a rate of time and one-half subject to the limitations in Section 6.3.1.
Employees who elect compensatory time must take the time off, preferably within the quarter during which it was earned, and shall not be paid for it.
12.4 STAND BY OR CALL BACK DUTY
12.4.1 Compensation When Assigned to Standby Duty – All Departments except Sanitation Miscellaneous and Supervisory employees assigned standby duty on Saturday, Sunday or a day designated as an authorized holiday by the City Council shall be compensated at the rate of six (6) hours of their base salary for each day of standby duty. To identify employees eligible for standby covering holidays, the City and Union acknowledge standby eligibility shall rotate at 12:00 a.m. (midnight) on the beginning of the work shift each Wednesday of the week.
Weekend duty will start at 12:00 midnight on Friday the end of the last shift of the employee's designated workweek and will end 12:00 a.m. on Monday at the beginning of the first shift of the employee's following designated workweek. On holidays during the week, duty will start at 12:00 a.m. the end of the employee's designated work shift on the day before the designated holiday and will end at 12:00 a.m. the beginning of the employee's designated work shift on the next regular work day, or the employee will receive compensatory time off on a straight time basis. At the time of accrual, the employee will designate either salary or compensatory time.
Compensatory time off must be approved in accordance with normal leave request procedures.
12.4.2 Compensation When Assigned to Standby Duty – Sanitation Department Weekend standby duty shall start at the end of the employee’s shift on Friday and end at the beginning of the employee’s shift on Monday. Miscellaneous and Supervisory employees 38 SEIU 20241-20274
assigned to weekend standby duty shall be compensated at the rate of sixteen (16) hours of their base salary (two (2) hours for the end of the employee’s shift on Friday through 11:59 pm on Friday, six (6) hours for 12 am to 11:59 pm on Saturday, six (6) hours for 12 am to 11:59 pm on Sunday, and two (2) hours for 12 am on Monday through the start of the employee’s shift on Monday).
Miscellaneous and Supervisory employees assigned standby duty on a day designated as an authorized holiday by the City Council shall be compensated at the rate of six (6) hours of their base salary for each day of holiday standby duty. Any holiday that falls on a day of the week that is contiguous with a weekend (Friday, Monday or Thanksgiving) will be covered by the employee on duty for the weekend standby shift. An employee assigned to standby duty for a weekend that includes one or more holidays will be paid their regular standby pay for the weekend in addition to their regular standby pay for any holiday assigned.
Standby duty during the week (Monday-Thursday) is normally assigned to the Operations & Maintenance Manager. If the Operations & Maintenance Manager is unable to cover a work week (Monday-Thursday) shift, it may be assigned to the Sewers Maintenance Supervisor or eligible maintenance worker, from the end of their shift until the beginning of the next operational shift. The employee who is assigned to a work week (Monday-Thursday) shift will be compensated at the rate of two (2) hours of their base salary.
The City shall assign the Sewers Maintenance Supervisor a vehicle to commute to and from work and their place of residence. In lieu of being assigned a commuter vehicle, the Sewers Maintenance Supervisor shall receive a monthly commuter allowance of $250.00 per pay period.
On holidays during the week (Tuesday-Thursday), standby duty will start at the end of shift on the day before the designated holiday and will end at the beginning of shift on the next regular work day. At the time of accrual, the employee will designate either salary or compensatory time. Compensatory time off must be approved in accordance with normal leave request procedures. Any holiday that falls on a day which is not contiguous with a weekend will be assigned to eligible employees on a rotating basis.
12.4.3 Compensation When Not Assigned to Call Back Duty When an employee not assigned to standby duty is called back to duty, the employee shall receive compensation for a minimum of four (4) hours.
12.4.4 Minimum Payment for Call Out
Employees on standby duty who are called out and required to work shall be paid a minimum of two (2) hours at the rate of time and one half, for each time they are called out.
12.4.5 Standby Residency and Cell Phones
The residency requirement for standby personnel shall include those individuals who live within a sixty (60) minute travel distance from the Corporation Yard. Cell phones shall be provided to those persons on standby. Standby duty is assigned on a rotating basis.
A Miscellaneous or Supervisory Unit employee within the residency area shall be considered eligible for standby duty. This includes all holidays that may fall within the assigned standby duty period.
If an employee is sick or has scheduled time off, standby will move to the next person on the list that is available and qualified. Determination of whether an employee is qualified is made by the Supervisor or Operations and Maintenance Manager. It is noted this list was originally established by knowledge and that new employees are placed at the bottom of the list. 39 SEIU 20241-20274
12.5 DOT AND CLASS B REQUIREMENTS
Employees in the following job classes are covered by this DOT policy and are subject to the terms and conditions of the City’s DOT Policy:
▪ Street Maintenance Worker I/II*
▪ Street Maintenance Worker III
▪ Street Lead Maintenance Worker
▪ Street Maintenance Supervisor
▪ Park Equipment Mechanic
▪ Parks Lead Maintenance Worker
▪ Vehicle Equipment Mechanic I**
▪ Vehicle Equipment Mechanic II
▪ Equipment Service Attendant
▪ Supervising Vehicle Equipment Mechanic
▪ Sewer Maintenance Worker I**
▪ Sewer Maintenance Worker II
▪ Sewer Maintenance Worker III
▪ Sewer Maintenance Supervisor
▪ Sewer Maintenance Superintendent
* Street Maintenance Worker I/II hired before September 1, 2009 had the option to sign a document stating that they would obtain a Class B license and thus participate in the DOT program within 6 months from October 1, 2009.
If the employee elects to obtain and maintain a Class B license, he/she isthey are in the program for the duration of their employment in the position. If assigned to a Class B task, these employees will receive out of class pay for the day (s) they were required to drive a Class B vehicle.
** Must obtain Class B license within one year of date of hire and become subject to DOT when license is obtained.
Effective September 1, 2009, employees hired or promoted into a Street Maintenance Worker II position will be required to possess a Class B license and participate in the DOT Program.
These employees will not receive out of class pay when required to drive a Class B Vehicle.
Street Maintenance Worker I employees can opt in to the DOT program upon appointment if they possess a Class B license or if they obtain the Class B license on their own.
Class B license is not a requirement for the Park Maintenance Worker I/II classification. Parks Maintenance Worker I/II employees who possess or obtain a Class B license can opt in to the DOT program. If an employee opts into the DOT program, they will be covered by the DOT Policy and are subject to the terms and conditions of the City’s DOT Policy. If enrolled in the DOT program and assigned to a Class B task, these employees who have the Class B license will receive out of class pay for the day(s) they were required to drive a Class B vehicle.
6.6 PROBATIONARY PERIOD
6.6.1 Purpose of Probation
After passing an examination and accepting appointment, each employee shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position.
6.6.2 Length of Probationary Period
The probationary period on original and promotional appointment shall be for one (1) year.
Employees shall receive one written Probationary Evaluation from their immediate supervisor during the Probationary Period, preferably at the midway point.
6.6.3 Rejection During Probation
During the probationary period an employee may be rejected at any time by the Appointing Authority without the right of appeal.
6.6.4 Notification of Rejection
On determining that a probationary employee's work is not satisfactory, the Appointing Authority shall notify the Human Resources Director of his/hertheir intention to terminate the employee. 40 SEIU 20241-20274
After discussion with the Human Resources Director, the Appointing Authority shall notify employee in writing of his/herthe rejection.
6.6.5 Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work.
6.6.6 Regular Status
Regular status shall commence with the day following the expiration date of the probationary period.
6.6.7 Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a higher position classification provided he/she isthey are 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.
6.6.8 Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass his/hertheir 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.
6.6.9 Lateral Transfer Probation
Voluntary transfers to another job classification, within the same salary range, shall require a six (6) month probationary period. In the event of unsuccessful passage of this period refer to Section 6.6.8.
6.7 TRANSFERS / REASSIGNMENTS
6.7.1 Types of Transfers
Transfers may be within the same department (intra-departmental) or between departments (inter-departmental). The requirements for each are as follows:
a. Intra-departmental transfers.
The Appointing Authority shall have the authority to transfer an employee from a position in one division of a department to a position in the same or similar classification with the same salary range, in the same division or to another division of the same department (at any time and for any duration). b. Inter-departmental transfers.
An employee may transfer from a position in one (1) department to a position in the same or similar classification in another department, provided the consent of the two Appointing Authorities and the City Manager is obtained. c. Voluntary Transfers.
An employee may make a written request for transfer to the Human Resources Director to a position in the same or similar classification with the same salary 41 SEIU 20241-20274
range. Such a transfer may be made on the recommendation of the affected Department Director(s) and the approval of the City Manager.
6.7.2 Minimum Qualifications & Probation
Any persons transferred to a different position shall possess the minimum qualifications for the position.
6.7.3 Transfer Procedures
The City Manager may authorize the transfer of an employee from one position to another of the same or comparable class of work and where the same general type of examination is given for entrance to such a position.
Transfers from one department to another department having a different jurisdiction or different function shall be done only with the consent of the Department Directors involved, unless such a transfer is ordered by the City Manager for purpose of economy or efficiency.
Any person transferred to a different position shall possess the minimum qualifications for the position.
Employees who have completed their initial probation may seek voluntary transfers to positions within the same job class, and/or lower level job classes as long as the employee meets the minimum qualifications for the position. Employees seeking transfer should submit a completed application to the Human Resources Department. As vacancies occur, transfer candidates may receive consideration along with those on the eligibility list.
6.8 PERSONNEL RULES & REGULATIONS
Employees covered by this MOU agree to follow the City’s Personnel Rules and Regulations located on the City’s Intranet website.
6.8.1 Drug & Alcohol Policy
The City and the Union agree to the non-DOT general drug and alcohol policy. A copy is available with the City’s policies and on the City’s Intranet website. (Safety sensitive job classes are covered by the DOT Drug and Alcohol Policy previously agreed to by both parties and located on the City’s Intranet website).
6.8.2 Confidential Nature of Personnel Records
All personnel records and files and examination materials are confidential. The Human Resources Director shall take all necessary steps to protect the confidentiality of those materials. Disclosure of such records shall be governed by the Public Records Act, Government Code Sections 6250, et. seq. Individual employees may review their official personnel file maintained by the Human Resources Department and/or respective appointing authority. With the written consent of the employee, the authorized representative of the recognized employee organization may also review that personnel file.
6.8.3 Confidential Nature of Medical Records
All medical records and files are the property of the City of San Rafael. These confidential records and files are to be maintained in a file separate from the employee's personnel file in the Human Resources Department. Disclosure of such records shall be governed by the Public Records Act, Government Code, Section 6250, et. seq.
6.8.4 Outside Employment Policy
Outside Employment shall be in accordance with the City’s Outside Employment Policy which is available on the City’s Intranet website.
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6.8.5 Use of City Vehicle
Public Works Supervisors, at the direction of the Department Director, will be allowed to take a City vehicle home in emergency conditions.
6.8.6 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. Upon recommendation of the Department Director, the City will provide Bluetooth devices to those employees who are required to use their City cell phone while driving during the course of business.
6.8.7 Safety Policy
The City of San Rafael is committed to providing a safe and healthy place to work. The City shall furnish safety devices and safeguards and shall adopt and use methods and processes adequate to ensure that the work place is safe and healthy. Employees are expected to obey safety rules and make proper use of safety gear and equipment. The City's safety policies and procedures shall comply with all applicable state laws related to a safe work environment.
6.8.8 Materials Relating to Disciplinary Action
Except for the specific disciplinary matters provided below, reprimands and suspensions of less than five (5) days in the employee’s personnel file which have been in the file three (3) years or more shall not be used unless the materials relate to conduct that reoccurred within three (3) years of the first incident.
At the request of the employee, materials relating to disciplinary actions which are three (3) or more years old shall be removed, provided there has been no reoccurrence of the conduct on which the discipline was based. Performance evaluations are excluded from this provision.
Materials relating to disciplinary actions for misappropriation of public funds or property; misuse or destruction of public property; the use of being under the influence of drugs or alcohol at work; acts which would constitute a felony; acts which present an immediate danger to the public health and safety; or acts of harassment or discrimination based on protected status will not be removed from the employee’s personnel file.
6.8.9 CPR / First Aid Training
An annual program for cardiopulmonary resuscitation (CPR) and First Aid certification will be provided for persons working as Childcare Directors and Instructors II.
6.8.10 Childcare Division Employee Program Discount
All Childcare staff with children enrolled in any City of San Rafael Childcare Division program will receive a 50% discount on program fees based on their level of enrollment. All policies regarding admission and attendance in the Childcare Program will continue to apply to Childcare staff in accordance with the Childcare Division Parent Handbook and Childcare Staff Handbook.
6.9 MISCELLANEOUS
6.9.1 Hazardous Materials
Maintenance employees in the Union will be provided with the necessary training associated with what is termed first responder awareness level. First responders at this level (awareness only) are those who are likely to witness or discover a hazardous substance release and who have been trained to initiate an emergency response operations level. "Awareness” individuals 43 SEIU 20241-20274
take no action beyond notifying the designated authorities of the release. The on-duty Fire Battalion Chief is the Incident Commander in the event of a hazardous material release.
It is understood and agreed by both parties that maintenance employees in this Union do not have any responsibility to clean up, mitigate or otherwise dispose of hazardous materials. The Fire Department personnel and/or contract personnel have the direct responsibility of dealing with hazardous materials.
Maintenance employees of this Union do have direct responsibility to handle (clean up, mitigate, transport, dispose of, etc.) petroleum products such as diesel fuel gasoline, drain oil, and the like.
Streets, Parks Maintenance, and Facilities employees of this Union have direct responsibility to handle (clean up, mitigate, transport, dispose of, etc.) needles and oil spills.
6.9.2 Gratuities / Solicitation of Contributions
Gratuities and/or solicitation of contributions are not allowed.
6.9.3 Return of City Equipment
Upon termination of employment, all tools, equipment, and other City property assigned to an employee shall be returned to the employee’s supervisor before leaving City employment.
6.9.4 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and Federal Law.
6.9.5 Employment of Relatives
Employment of relatives shall be governed by the City's Personnel Rules and Regulations.
6.9.6 Labor / Management Meetings
The City and the Union agree that consultation meetings may contribute to improved employeremployee relations.
The committee shall be comprised of three (3) representatives from the Miscellaneous and Supervisory Units and three (3) from City Management as well as the SEIU Field Representative and the Human Resources Director. The parties agree that committee members may change depending on the subject matter.
Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting. It is intended that the subject matter will not include issues subject to Article 7.4 Grievance Procedures.
6.9.7 Contract Orientation Work Sessions
The City and the Union agree that the individuals having responsibility for the enforcement of the Agreement, Union Stewards and Department Directors/Supervisors, shall participate in an Annual Contract Orientation Work Session for the purpose of obtaining a better understanding of the provisions of the contract. These work sessions shall be held on City time and facilities.
6.9.8 Temp Seasonal Employees
Both the City of San Rafael and SEIU 1021 recognize the valid, necessary reasons for appropriate temporary, seasonal, retiree, and fixed-term work. The City follows the Resolution of the City Council of the City of San Rafael adopting a temporary, seasonal, retiree, fixed-term salary and benefit plan. The City shall make its best efforts, with consideration to the fiscal 44 SEIU 20241-20274
condition of the City, to continue to transition temporary positions that are used in a recurring, routine manner and perform work typically accomplished by SEIU classifications throughout the term of the agreement, to regular City positions.
6.9.9 Gym Reimbursement
Employees are eligible to receive up to $16.50 per month reimbursement for paid gym memberships. Such reimbursement shall be reported as taxable income to the employee. 13 PROCEDURES
13.1 DEMOTION & SUSPENSION
13.1.1 Demotion
The Appointing Authority may demote an employee when the following occurs:
a. The employee FAILS to perform his/hertheir required duties. b. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she doesthey do not possess the minimum qualifications. When the action is initiated by the Appointing Authority, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy filed with the Human Resources Department.
Withholding a salary step increase or withdrawing a merit step increase within or above the salary range of the employee's position shall not be deemed a demotion.
Disciplinary demotion action shall be in accordance with Article 7.3 Disciplinary Action.
13.1.2 Suspension
The Appointing Authority may suspend an employee from a position at any time for a disciplinary purpose. Intended suspension action shall be reported immediately to the Human Resources Director and shall be taken in accordance with Article 7.3 Disciplinary Action.
13.2 TERMINATION OF EMPLOYMENT
13.2.1 Resignation
An employee wishing to leave City service in good standing shall file with his/hertheir immediate supervisor, at least fourteen (14) days before leaving service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Appointing Authority and Human Resources Department.
13.2.2 Termination - Layoff (Lack of work or funds)
The Appointing Authority may terminate an employee because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work for which employment was made.
13.2.3 Termination - Disciplinary Action
An employee may be terminated at any time for disciplinary action, as provided in Article 7.3 Disciplinary Action.
13.2.4 Retirement
45 SEIU 20241-20274
Retirement from City service 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.
13.2.5 Job Abandonment
Absence from duty without authorization for any period of time may be cause for disciplinary action. Absence from duty without authorization in excess of five (5) continuous working days may constitute abandonment of the position and may be grounds for termination. The employee and the Union shall be notified by certified mail of proposed termination prior to the effective date of termination.
13.3 DISCIPLINARY ACTION
13.3.1 Right to Discipline & Discharge
Upon completion of the designated probationary period an employee shall be designated as a non-probationary employee and the City shall have the right to discharge or discipline any such employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations, or for engaging, during the term of this Memorandum of Understanding, in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding, except where permitted by law. The City shall use progressive disciplinary steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to justify termination. Disciplinary action shall mean discharge/dismissal/termination, demotion, reduction in wage, suspension resulting in loss of pay, and written reprimand.
In addition, the City may discipline or discharge an employee for the following: Fraud in securing appointment; negligence of duty; violation of safety rules; unacceptable attendance record including tardiness, overstaying lunch or break periods; possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours; inability, unwillingness, refusal or failure to perform work as assigned, required or directed; unauthorized soliciting on City property or time; conviction of a felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward (mistreatment of discourteousness to) the general public or fellow employees or officers of the City; falsifying employment application materials, time reports, records, or payroll documents or other City records; misuse of City property; violation of any of the provisions of these working rules and regulations or departmental rules and regulations; disorderly conduct, participation in fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action; failure to perform to an acceptable level of work quality and quantity; insubordination; other acts inimical to the public service; inability or refusal to provide medical statement on cause of illness or disability.
13.3.2 Preliminary Notice
A non-probationary employee shall receive a preliminary written notice from the employee's Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must contain a specific statement of charges or grounds upon which the proposed disciplinary action is based and the date the disciplinary action will be effective.
Any known written materials, reports or documents upon which the disciplinary action is based must be attached to the notice.
46 SEIU 20241-20274
Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action shall be imposed until the Department Director has conducted a hearing with the employee and employee's representative present and having heard the response of the employee. The Department Director’s decision shall be final for written reprimands.
If no written appeal is filed within five (5) days, the employee shall be deemed to have waived his their right to proceed to Step 4 of the Grievance Procedure.
13.3.3 Disciplinary Action and Appeal
After hearing the response of the employee, the Department Director may order that the proposed disciplinary action or modification thereof be imposed. Such notification shall be issued in writing within 10 days of the meeting.
If the employee elects to appeal the Department Director action, he/shethey may request a confidential settlement conference with the City Manager. Participation in the confidential settlement conference shall be voluntary. If the matter is still unresolved after the confidential settlement conference, the employee shall notify the City within ten (10) days that the matter is appealed to Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in accordance with the Grievance Procedure. The City Manager’s decision shall be final for suspensions of five (5) days or less.
13.3.4 Harassment Policy
It is the City’s intent and purpose to provide all officials, employees, applicants and contractors with an environment that is free from any form of harassment, discrimination or retaliation.
Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation which is available on the City’s Intranet website.
13.4 GRIEVANCE PROCEDURE
13.4.1 Definition
1. Grievance is a dispute which involves the interpretation or application of any provision of this Memorandum of Understanding, except issues concerning appeals of punitive action, which are governed by Sections 7.1, 7.2 and 7.3 of this Memorandum. A dispute regarding the interpretation of the City’s Personnel Rules and Regulations is subject to the grievance procedure up to Step 3 (City Manager). All ordinances, resolutions, rules and regulations which are not specifically covered by the provisions of this Memorandum shall not be subject to the Grievance Procedure.
2. Day shall mean any that the City Office is open for business, excluding Saturdays, Sundays and the holidays recognized by the City.
3. Grievant may be an individual employee or a group of employees or the Union on behalf of a group of employees or the Union on its own behalf on matters involving the City and Union relationship.
4. Time limits begin with the day following the event causing the grievance or the day following receipt of a grievance decision.
13.4.2 Procedure
Step 1.
Within seven (7) days of when the grievant knew or should have known of the act or omission causing the grievance, the grievant shall present either in writing or verbally a clear and concise statement of the grievance to the immediate supervisor. 47 SEIU 20241-20274
Within five (5) days thereafter, the immediate supervisor shall investigate and respond to the allegations of the grievant.
Step 2.
If the grievant is not satisfied with the resolution at Step 1, the grievant must reduce the grievance to writing and present it to the Department Director within five (5) days.
The written grievance shall contain a statement of facts about the nature of the grievance and shall identify the specific provisions of this Memorandum of Understanding alleged to be violated, applicable times, places and names of those involved, the remedy or relief requested, and shall be signed by the grievant.
The Department Director shall confer with the grievant and within ten (10) days respond to the allegations in writing.
Step 3.
If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five (5) days appeal the matter to the City Manager.
The City Manager shall investigate the matter, conduct a hearing if the City Manager deems it appropriate and within ten (10) days thereafter, respond to the allegations in writing.
Step 4.
If the grievance remains unresolved after Step 3, the Union may, by written notice to the City’s Human Resources Department within ten (10) days after the receipt of the response in Step 3, notify the City that the Union wishes to appeal the grievance to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Conciliation Service of nine (9) names. The selection process will include a review of the arbitrator’s availability for the hearing.
Each party shall then alternately strike a name until only one (1) name remains, said person to be the arbitrator. The order of striking shall be determined by the flip of a coin.
13.4.3 Arbitration
The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by the parties. The hearing should be held within 60 calendar days of the selection of the arbitrator. The hearing shall be informal and need not be conducted according to technical rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as any procedural matters, and he/shethey may call, recall and examine witnesses, as he/shethey deems proper.
The burden of proof shall be upon the Union in grievance matters and upon the City in disciplinary/discharge matters.
After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed upon by the parties, the arbitrator shall render a written decision which shall be final and binding upon the City, the Union and any employee(s) involved in the grievance or disciplinary matter.
The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any provision of this Memorandum of Understanding. The arbitrator shall only determine whether a grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall 48 SEIU 20241-20274
be, or in the case of disciplinary/discharge matter whether the City allegations are accurate and the appropriateness of the disciplinary penalty.
The fees and expenses of the arbitrator shall be shared equally by the Union and the City. All other expenses shall be borne by the party incurring them. The cost of the services of court reporter shall be borne by the requesting party unless there is a mutual agreement to share the cost or unless the arbitrator so requests. Then the costs will be shared equally.
13.4.4 General Provisions
1. Employees who participate in the Grievance Procedure by filing a grievance or acting as a witness on the behalf of either party shall be free from discrimination by either the Union or the City.
2. A grievant has the right to be represented at each stage of the procedure, to cross examine witnesses, and have access to all information regarding the basis of the grievance upon which the City relies in making its determinations.
3. If the City management fails to respond within the specified time limits, the grievance shall, at the request of the Union, be moved to the next step of the procedure. If the Union or a grievant fails to process or appeal a grievance within the specified time limits, the matter shall be deemed withdrawn with prejudice. The parties may by mutual agreement waive the steps in the procedure.
4. If a hearing is held during work hours of employee witnesses, such employees shall be released from duties without loss of pay or benefits to appear at the hearing. Witnesses requested by the parties shall be compelled to attend said hearings.
5. The Human Resources Department shall act as the central repository for all grievances.
6. Time limits contained herein may be extended by mutual agreement of the parties.
Absence for bona fide reasons by a grievant, the Union representative or any management official involved in responding to the grievance shall automatically extend the time limits by the same number of days of absence.
13.5 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.
13.6 FURLOUGH PROGRAM
Both the City of San Rafael and SEIU 1021 recognize the unpredictable changes in funding that affect City finances. Through this recognition and in a cooperative spirit the City of San Rafael and SEIU 1021 have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael, the City shall meet and consult with the Union at least 60 days prior to implementation of the Furlough Program. The procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO).
13.6.1 Voluntary Time Off (VTO)
The needs of the City and the respective departments (as determined by the Department Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO.
49 SEIU 20241-20274
1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year.
2. An employee selecting at least a 5% reduction of hours through the VTO would receive “float days” as described in 6.6.2. (4.b.).
3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department.
4. Employees will be allowed to exceed a 5% reduction of hours through the VTO with review of the Department Director and approval of the City Manager and such approval shall be revocable should the City determine that the impact of the absence cannot be absorbed by the Department. Prior to revoking approval, the City will contact the employee and review pertinent information which would impact the employee’s ability to return to work. Should the City need to remove additional VTO, such removal would be considered a non-disciplinary action and would not be subject to any appeal/grievance procedure.
13.6.2 Mandatory Time Off (MTO)
MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Director and City Manager) and after consultation with the union.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will not impact Marin County retirement calculations of average compensation or service credit as the City and employee will continue to fund the full amounts. If the Marin County Retirement Association changes its policy on this, the City will, effective the first of the month following notice from the Marin County Retirement Association, make the necessary change in the program's administration to correspond with the change in the policy.
3. MTO time shall apply toward time in service for step increases and completion of probation.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. When the maximum MTO reduction (5% is implemented, the involved employee shall be credited with three (3) days of float time
b. Float time accrued through the MTO Program must be taken in the fiscal year following the furlough, with supervisory approval, or the leave will be forfeited. The float days have no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced float time, said employee would be eligible to take the unused furlough induced float time during the thirty-day layoff notice period.
50 SEIU 20241-20274
c. Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City and the Union agree to re-open negotiations on this Furlough Plan.
13.7 REDUCTION IN FORCE
13.7.1 Authority
The Appointing Authority may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organizational efficiency.
13.7.2 Notice
Regular employees designated for layoff or demotion shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be so notified.
13.7.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description and salary. Extra hire employees shall be laid off before permanent employees in the affected classification. In effecting the preceding order, a part-time permanent employee with more seniority can displace a full time permanent employee.
13.7.4 Seniority
If two or more employees within a classification have achieved permanent status, such employees will be laid off or reduced on the following basis:
a. Seniority within the affected classification will be determinative. Such seniority shall include time served in higher classification(s). The computation of seniority for part-time employees will be credited on a pro rata basis to full time service.
Time spent on a City Manager approved leave of absence without pay does not count toward seniority.
b. If the seniority of two or more employees in the affected classification or higher classification(s) is equal, departmental seniority shall be determinative. c. If all of the above factors are equal, the date regular status in City service is achieved shall be determinative.
d. If all of the above are equal, date of certification for appointment shall be determinative.
13.7.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level for which he or she they meets the minimum qualifications, or into the next lower classification in which such employee has previously held regular status. An employee who is bumped shall be laid off in the same manner as an employee whose position is abolished.
13.7.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify.
The length of eligibility for such transfer will be the period of notification as provided in Section
7.7.2, but no longer than the effective date of such layoff or reduction. 51 SEIU 20241-20274
13.7.7 Layoff Procedure Notification
Once the decision has been made to reduce the workforce per this MOU, the City will meet with the Union to review and receive feedback on the procedure to be used to inform and process those classifications and individuals who are determined to be laid off. The information gained in this meeting from the Union by the City will be advisory and not binding.
13.8 RE-EMPLOYMENT
13.8.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re-appointment to the same classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individuals who have been laid off.
13.8.2 Right to Re-Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall, in writing, be offered re-appointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City.
13.8.3 Time Limits
Should the person not accept the re-appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and shall be removed from the re-employment list.
13.8.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-employment list shall be offered re-employment.
13.8.5 Probationary Status
Employees re-appointed under the provisions above will not be required to complete a new probationary period if they had previously held permanent status in the classification.
Employees who had not completed their probationary period shall serve the remainder of the probationary period upon re-appointment.
13.8.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual. 52 SEIU 20241-20274
SEIU LOCAL 1021: CITY OF SAN RAFAEL:
Aaron Burton, Field RepresentativeTiffany
Crain
SEIU Local 1021Chief Negotiator
Tim Davis, Lead Chief Negotiator
City of San RafaelBurke Williams Sorensen
Jana Blunt, Field RepresentativeJoel EvansFudem
SEIU Local 1021Field Representative
Cristine Alilovich
Assistant City Manager
Kenny Gatlin, Chapter PresidentAndrea
Zanetti
SEIU Local 1021Regional Director
Sylvia Gonzalez-Shelton
HR Operations Manager
John Stead-Mendez, Executive Director
SEIU Local 1021
Thomas Wong
Analyst
Kenny Gatlin, SEIU Bargaining Team Member Date
Tiffany Haley, SEIU Bargaining Team Member
Allan Lee, SEIU Bargaining Team Member
Jamie Poirier, SEIU Bargaining Team Member
Wes Sitchler, SEIU Bargaining Team Member
Date
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 6.f
Meeting Date: July 15, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Cristine Alilovich,
City Manager
City Manager Approval: ________
TOPIC: SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT
EMPLOYEES
SUBJECT: RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES (JULY 1, 2024, THROUGH JUNE 30, 2027) AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO EMPLOYMENT AGREEMENTS WITH THE UNREPRESENTED EXECUTIVE
MANAGEMENT EMPLOYEES
RECOMMENDATION:
• Staff recommends that the City Council adopt the Salary Resolution establishing the compensation and working conditions for Unrepresented Executive Management Employees (July 1, 2024, through June 30, 2027), and
• Staff recommends that the City Council authorize the City Manager to enter into employment agreements with the unrepresented executive management employees.
BACKGROUND:
The unrepresented executive management employee group includes eleven positions assigned in various City departments. These executive managers lead and direct the ongoing services and operations around the City to achieve the goals of the City Council. The Unrepresented Executive Management Salary Resolution expires on June 30, 2024. In keeping with the equity adjustment approach used for Unrepresented Mid-Management Employees and employees represented by bargaining groups, salary increases for each position depend on the extent to which each position is behind the labor market average. The recommended base wage increase of three percent (3.0%) and the proposed adjustments to the City’s contributions toward the flex cafeteria plan for Unrepresented MidManagement group is consistent with adopted labor agreements for represented employees over the same three-year period.
ANALYSIS:
The City’s executive level positions have fallen significantly behind the labor market versus comparable agencies, as defined in the current salary resolution. This has occurred over time, and the equity adjustments provided in recent years have not been enough to keep pace with the labor market for these positions. In comparison to the labor market average, these positions range from 10% to 35% behind market, in terms of total compensation (without retirement costs).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The following reflects highlights of the proposed Salary Resolution (Attachment 1) and is consistent with the economic guidelines authorized by the City Council. The attached proposed Salary Resolution (Attachment 1) includes all of the recommended changes described below.
1. Term of the Resolution: July 1, 2024, through June 30, 2027
2. Salary Increase:
• All positions in the proposed salary schedule will receive a three percent (3.0%) cost of living adjustment during the three-year term of the resolution. • For the director level positions, individual classification equity adjustment increases by percentage may be lower or higher than the percentages listed below, based on how far behind the labor market average each individual position is. The proposed salary schedule included in the attached resolution authorizes the new salary for each position. The salary ranges for the director level classifications will be updated as follows:
a. Year 1: A 3.0% cost of living increase and up to a 7.0% equity adjustment (dependent upon position) for a total increase of 6.0% to 10.0% b. Year 2: A 3.0% cost of living increase and up to a 6.0% equity adjustment (dependent upon position) for a total increase of 6.0% to 9.0% c. Year 3: A 3.0% cost of living increase and up to a 4.0% equity adjustment (dependent upon position) for a total increase of 3.0% to 7.0% • The two public safety chief positions, the Police and Fire Chief, have fallen significantly behind their respective labor markets. This has occurred over time, and the equity adjustments provided in recent years have not been enough kept pace with the labor market for these positions. This has resulted in major compaction issues with the direct reports of the two public safety chiefs. In order to appropriately calibrate the compensation structure of these two departments, staff is recommending that the salary range of both public safety chief positions be adjusted upwards, such that over the three year term of the proposed salary resolution, those positions will be brought up to their labor market average, in alignment with the approach that has been taken with all collective bargaining groups during this round of labor negotiations. In addition, staff recommends similarly resetting the salary range of the Assistant City Manager position, to maintain the long-standing practice that the Assistant City Manager position is paid slightly more than the public safety chief positions, such that they can effectively serve as the acting City Manager in the City Manager’s absence. The proposed new salary ranges for these three positions can be found in Exhibit A to the Proposed Executive Management Salary Resolution (Attachment 1).
• The salary for the District Manager position of the San Rafael Sanitation District is currently under review and additional compensation analysis with comparable agencies is needed in order to determine if an equity adjustment is warranted. As soon as it is completed in the next few months, the result of that compensation survey will be brought to the San Rafael Sanitation District Board for consideration.
3. Full Flex Cafeteria Plan: 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:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Health Tier Current Increase Effective
Dec 2024
Employee Only $ 735.86 $ 214.14 $ 950.00
Employee +1 dependent $ 1,471.71 $ 428.29 $ 1,900.00
Employee + Family $ 1,913.24 $ 486.76 $ 2,400.00
For the term of this resolution, 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 employee will split the cost of the increase above ten percent (10%) evenly. Upon expiration of the resolution, the flex dollar amount increase shall revert back to a maximum of 3%, based on the Kaiser Bay Area premium rate increase.
4. Severance Pay: The severance pay amount is tied to years of service up to a maximum of six (6) months’ severance pay. Severance pay is contingent upon an employee’s release of claims against the City and only applies for terminations that are “not for cause.”
5. Non-Economic Items: The attached resolution also includes the following changes:
• Gender Neutral Language: Replaces references to “he,” “she,” “his,” and “hers” with “they,” “them,” and “their.”
• Holidays: Adds Juneteenth to the list of City holidays and reduces the number of floating holidays from two to one.
• Bereavement Leave: Updates existing bereavement language to comply with changes in state law.
• Paid Parental Leave: Provides 300 hours of paid parent leave for employees following the birth or adoption of a child.
• End of Life Care Leave: Provides up to 80 hours of paid leave for an employee who is providing care for a family member at the end of their life. • Wellness Benefit: Broadens use of the exiting benefit to include reimbursement for health and wellness expenses such as wellness counseling, physical therapy, and smoking cessation programs.
• At-Will Status: Adds language clarifying the at-will status of Executive staff.
Additional Considerations
In addition, due to the consolidation of the Community Development and Economic Development departments this past year, staff recommends deleting the Director of Economic Development & Innovation position, as shown in Exhibit A to the Proposed Executive Management Salary Resolution (Attachment 1).
The City’s past practice has been to enter into employment agreements with the public safety chiefs. The City’s labor and employment attorney has recommended the City also establish employment agreements with the other Unrepresented Executive Management Employees to confirm their compensation and benefits. Under this proposed resolution, the City Manager would be authorized to enter into employment agreements with each of the Unrepresented Executive Management Employees in accordance with the terms of the proposed Salary Resolution (Attachment 1).
FISCAL IMPACT:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
The current total annual salary and benefit cost to the City for the eleven executive management employees is $3,677,657. The additional ongoing incremental cost of the recommended salary resolution beyond the FY 2024-25 budget is:
Incremental
FY 2024-25
Incremental
FY 2025-26
Incremental
FY 2026-27
Wages:
Salary $220,579 $239,919 $234,465
Other Costs:
Pension* $107,435 $117,647 $117,361
Taxes (Medicare, WC) $10,974 $12,232 $12,964
Benefits $43,922 $10,320 $10,836
Total Annual Incremental Costs: $382,910 $380,118 $375,626 Total Over Term of Contract $1,148,730 $760,236 $375,626 $2,284,595
**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.
While the incremental cost is $382,910 for fiscal year 2024-2025, $380,118 for fiscal year 2025-2026, and $375,626 for fiscal year 2026-2027, the increases are compounding and therefore the projected cumulative wages and other costs total $2,284,595. Year 1 funding for these positions is provided for in the fiscal year 2024-25 adopted budget.
OPTIONS:
The City Council has the following options to consider in this matter:
• Accept staff’s recommendation to adopt the resolution. • Adopt resolution with modifications.
• Direct staff to return with more information.
• Take no action.
RECOMMENDED ACTION:
• Staff recommends that the City Council adopt the Salary Resolution establishing the compensation and working conditions for Unrepresented Executive Management Employees (July 1, 2024, through June 30, 2027), and
• Staff recommends that the City Council authorize the City Manager to enter into employment agreements with the unrepresented executive management employees.
ATTACHMENTS:
1. Salary Resolution Establishing the Compensation and Working Conditions for Unrepresented Executive Management Employees (July 1, 2024, through June 30, 2027), with Exhibit A (salary schedule) and additional attachments
2. Salary Resolution with tracked changes
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING THE
COMPENSATION AND WORKING CONDITIONS FOR
UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES
(JULY 1, 2024 THROUGH JUNE 30, 2027)
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO EMPLOYMENT AGREEMENTS
WITH THE UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES
1. EXECUTIVE MANAGEMENT EMPLOYEES
The Executive Management Employees of the City of San Rafael are the Executive Management Job Class Titles (“Executives”) enumerated in Exhibit A, attached hereto and incorporated herein. This Resolution shall constitute the compensation and conditions of employment for the Executives for the period from July 1, 2024, through June 30, 2027.
The City Manager is hereby authorized to enter into employment agreements in accordance with the terms specified herein.
2. SALARY AND COMPENSATION GOALS
A. GOALS AND COMPENSATION DEFINITIONS
It is the goal of the City Council to try to achieve a total compensation package for all Executives that is competitive compared to similar cities in our labor market. The survey cities are Fairfield, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato, and Santa Rosa. The Council’s goal is to attract and retain the most qualified Executives in accordance with the City’s ability to pay.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, auto allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, Executive Management allowance, and employer paid cafeteria/flexible spending accounts.
B. COMPENSATION SURVEYS
In order to measure progress towards the above-stated goal, the City shall survey all Executive Management positions in the final year of the Resolution in advance of discussions regarding a successor Resolution.
Identified survey positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the position is identified by the survey agency as being on the salary schedule and having a job class description. The appropriate survey positions will be selected for Executive Management positions based upon similar work and similar job requirements.
The City shall review the survey data for accuracy and completeness. The City shall provide the survey data to all Executives.
2 C. SALARY INCREASES
Individual classification salary increase percentages depend on the labor market adjustment applied to each position. The salary schedule included with this salary resolution authorizes the proposed new salary for each position.
D. CAR ALLOWANCE
The monthly car allowance paid to the Executives shall be $350. Executives identified in Exhibit A may be eligible to have use of a city car in lieu of the monthly car allowance at the discretion of the City Manager.
3. INSURANCE
Health & Dental Insurance benefits are prorated for part-time employees in accordance with the percentage of full-time work schedule. Domestic partners who are registered with the Secretary of State and same-sex spouses are considered dependents under these benefits. Pertinent taxes will be applied to coverage provided to registered domestic partners and same sex spouses as required by federal and state laws.
A. HEALTH INSURANCE
1. Health Insurance for Active Employees. Effective January 1, 2009, 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.
The monthly flex dollar allowance effective the paycheck of July 1, 2024, shall be:
For employee only: $ 735.86
For employee and one dependent: $ 1,471.71
For employee and two or more dependents: $ 1,913.24
The monthly flex dollar allowance effective the paycheck of December 15, 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
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%.
Upon expiration of this resolution, the flex dollar allowances for Executive Management Employees represented by this resolution shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year. 3 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) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits.
Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive the value of the Employee Only contribution as a 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.
Miscellaneous Allowance for Employees promoted or hired into an Executive position on or before January 1, 2009:
The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in an amount equivalent to the difference between the employee’s benefit election for coverage under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined under the City’s Cafeteria plan.
2. Health Insurance for Retirees
a. Employees promoted or hired into an Executive position prior to April 1, 2007 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael Executive Management position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.a) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. 4 On a monthly basis, the City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, for the retiree and the retiree’s spouse/registered domestic partner or surviving spouse/registered domestic partner and/or qualified dependent children’s coverage under PEMHCA up to the maximum contribution the City makes towards the cost of coverage of an active employee hired prior to April 1, 2007. The City‘s longevity contribution shall remain in effect for the retired manager’s life and that of the retired manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner.
As described in this subsection, the City shall reimburse retired Executives and their spouses or registered domestic partners the Medicare Part B standard premium amount, as determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis. To initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums to the Human Resources Department. If the Medicare Part B is deducted from social security, the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly basis. This reimbursement shall remain in effect for the retired Executive’s life and that of the retired Executive’s spouse/registered domestic partner or surviving spouse/registered domestic partner.
b. Employees promoted or hired into an Executive position on or after April 1, 2007 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.b) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis.
On a monthly basis, the City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for the retiree. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner or retiree’s dependents. The City‘s longevity contribution shall cease on the retired manager’s death. The City shall not be responsible for reimbursing retired Executives and/or their spouses for any Medicare premiums paid by the retired manager and/or the retired manager’s spouse or surviving spouse. c. Employees promoted or hired into an Executive position on or after January 1, 2009 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.c) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for reimbursing retired Executives and/or their spouses for any Medicare premiums paid by the retired manager and/or the retired manager’s spouse or surviving spouse.
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 the mandatory annual conversion of 50 hours of sick time 5 in service on July 1 of each year, provided an employee has a remaining balance of 75 hours of sick leave after the conversion.
B. LIFE INSURANCE
The City shall provide a basic group life insurance plan in the amount of $250,000 at no cost to the employee.
C. LONG-TERM DISABILITY INSURANCE
The City shall provide long-term disability (LTD) insurance, at no cost to the employee, with a benefit of two-thirds (2/3) of the employee’s monthly salary, up to a maximum benefit of $7,500 (reduced by any deductible benefits).
D. DENTAL INSURANCE
The City shall pay dental premiums on behalf of the employee and eligible dependents.
E. VISION PLAN
The City will contract for and pay for a vision plan for “employee plus dependent” vision benefits.
F. EMPLOYEE ASSISTANCE PLAN
The City provides an Employee Assistance Program (EAP) with confidential personal counseling on work and family related issues such as eldercare, substance abuse, etc. Supervisors may also utilize the EAP to refer employees to counselors for work-related assistance.
4. RETIREMENT
A. EMPLOYER PAID MEMBER CONTRIBUTION (EPMC)
Each Manager is responsible for paying the full cost of their employee contribution rate as established by the Marin County Employee Retirement Association.
Effective September 1, 2013, in accordance with MCERA and City administrative requirements, all Executive employees will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA.
The only employees excluded from this payment are long-term City employees with thirty or more years of City service who no longer have to pay any employee contribution to the Marin County Retirement System.
B. COLA
Executives participating in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act.
Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act).
C. RETIREMENT PLAN
The City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement program to all miscellaneous Executives subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on an employee’s single highest year of compensation.
6 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 three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA.
Minimum retirement age is 55.
Employees hired by the City 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.
D. SERVICE CREDIT FOR SICK LEAVE
Executives who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after 07/01/95 and within 120 days of leaving City employment (excludes deferred retirements), shall receive employment service credit (incorporated from Resolution #9414, dated July 17, 1995), for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation at the time of retirement, pursuant to Section 5-A of this Resolution).
This provision will no longer be available to Executives hired after June 30, 2009.
E. EXECUTIVE MANAGEMENT ALLOWANCE
As of September 16, 2015, the Executive Management Allowance of 4.59% was rolled into base pay for all Unrepresented Executive Management employees.
5. LEAVES OF ABSENCE
A. SICK LEAVE
Executives shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Accrued sick leave may be used during their probationary period.
Executives who leave City service in good standing shall receive compensation (cash in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. In the event of the death of an employee, payment for unused sick leave (based upon the previously stated formula) shall be paid to the employee's designated beneficiary.
Executives may accrue unlimited sick leave for usage purposes. However, a maximum of one thousand, two hundred hours (1,200) accrual applies for cash-in purposes at the time of City separation.
Executives may use sick leave prior to completion of probation. In recognition of Executives’ exempt status under FLSA, time off for sick leave purposes shall not be deducted from a Manager’s sick leave accrual, unless the employee is absent for the full workday. 7 Use of sick leave for work-related injuries or illnesses shall not be required when it is determined by the treating physician that this status is permanent and stationary.
B. VACATION LEAVE
1. Vacation Accrual - Vacation is accrued when an employee is on pay status and is credited on a semi-monthly basis. Eligible employees accrue vacation at the following rate for continuous service performed in pay status:
Years of service Leave Accrual rate/yearly
1-5 years 15 days
6 years 16 days
7 years 17 days
8 years 18 days
9 years 19 days
10 years 20 days
11 years 21 days
12 years 22 days
13 years 23 days
14 years 24 days
15 plus years 25 days
In recognition of Executives’ exempt status under FLSA, time off for vacation leave purposes shall not be deducted from a Manager’s vacation accrual unless the employee is absent for the full workday.
2. Administration of Vacation Leave
The City Manager may advance vacation leave to a Manager; prior approval is required.
Executives may accrue a maximum of 250 hours of vacation. Vacation leave accrual shall resume once the employee’s accumulated vacation leave balance falls below the accrual limit of 250 hours. Executives who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the date of termination. Executives may not utilize accrued vacation, administrative leave time, or personal leave time to extend their retirement date and service credit at the end of their city service. .
3. Annual Option for Payment of Accrued Vacation Leave
A Manager who has taken at least ten (10) days of vacation in the preceding twelve (12) months, may request that their accrued vacation, not to exceed fifty-two and 1/2 (52.5) hours, be paid to them in cash. The request may be granted at the discretion of the City Manager. Executives may not cash-in more than fifty-two and 1/2 (52.5) hours within any twelve (12) month period.
C. ADMINISTRATIVE LEAVE
Executives shall receive ten (10) Administrative Leave days (75 hours) each calendar year subject to the approval of the City Manager. An additional three (3) days may be granted at the discretion and with approval of the City Manager. Unused Administrative Leave shall not carry over from one calendar year to the next, nor shall unused Administrative Leave balances be paid to a Manager upon their resignation.
In recognition of exempt status under FLSA time off for Administrative leave purposes shall not be deducted from a Manager’s administrative leave accrual, unless the employee is absent for the full workday.
8 D. HOLIDAYS
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.
All employees who are required to work on a day designated as an authorized holiday, other than a day on which an election is held throughout the state, shall be paid at the applicable rate of pay for the number of hours actually worked.
City shall provide twelve designated holidays and one floating holidays per calendar year to Executives.
Floating holiday hours are automatically added to an employees’ vacation accrual on an annual basis.
E. BEREAVEMENT LEAVE
In the event of the death of a Manager’s spouse, registered domestic partner, child, parent, sibling, parent in-laws, grandchild, grandparent, 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 may be granted for paid bereavement leave. All bereavement leave must be exhausted within 3 months of the date of the death of the family member and may be taken intermittently.
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 City Manager as part of the request for bereavement leave. Directors may make a request to the City Manager, to use bereavement leave for a relative other than those listed above.
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.
F. CATASTROPHIC LEAVE
All Executives shall abide by the City’s Catastrophic Leave Policy.
G. PAID PARENTAL LEAVE
Effective July 1, 2024, any 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 registered 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.
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 bonding. Regular part-time employees shall be eligible for a prorated number of PPL hours, based on scheduled and budgeted FTE.
9 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 or reduced schedule.
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 working a reduced work schedule.
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.
Coordination of Benefits & Leaves:
• PPL taken under this policy 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 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 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 department 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.
H. END OF LIFE CARE LEAVE
Eligibility:
10 Effective July 1, 2024, employees who have 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.
6. EMPLOYMENT TERMS
A. HOURS OF WORK
The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes for Executives shall be 7.5 hours per day.
B. DRUG FREE WORK PLACE
All Executives shall abide by the City’s Drug and Alcohol Policy.
C. FURLOUGH PLAN
Executives endorse the Furlough Program described in Exhibit B. 11 D. PAY FOR PERFORMANCE EVALUATION SYSTEM
Executives shall be evaluated annually based upon the evaluation program adopted by the City Council in October of 1996 and incorporated by reference herein.
E. OUTSIDE EMPLOYMENT
All Executives shall abide by the City’s Outside Employment Policy.
F. WELLNESS BENEFIT
Employees are eligible to receive up to $16.50 per month reimbursement for all eligible health and wellness expenses as follows: preventative medical examinations (minus any amount paid by a private insurance plan), paid health or gym club memberships, licensed weight loss facility memberships, physical therapy sessions, smoking cessation programs, wellness counseling, acupuncture, or meditation programs. Such reimbursement shall be reported as taxable income to the employee.
G. PERSONNEL RULES & REGULATIONS
All employees shall follow the City’s Personnel Rules and Regulations located on the City’s website.
H. AT WILL STATUS
All positions covered by this resolution are at-will and as such serve at the pleasure of the appointing authority and may be removed at any time without cause and without right of appeal.
I. SEVERANCE
Except employees who have committed an abuse of office or position as defined by Government Code Section 53243.4 or committed a violation of the Fair Employment and Housing Act, an Unrepresented Executive Management employee who is involuntarily separated shall receive severance pay in a lump sum equal to the following, provided they sign a settlement and general release provided by the City:
• 1 year of service = two months of salary and two months of COBRA health insurance. • 2 years of service = three months of salary and three months of COBRA health insurance. • 3 years of service = four months of salary and four months of COBRA health insurance. • 4 years of service = five months of salary and five months of COBRA health insurance. • 5 or more years of service = six months of salary and six months of COBRA health insurance.
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 Council of said City held on the 15 th
day of July 2024 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
LINDSAY LARA, CITY CLERK
EXHIBIT A
Grade Position A B C D E
2501 Assistant City Attorney 14,635 $ 15,367 $ 16,135 $ 16,942 $ 17,789 $ 2001 Assistant City Manager 20,829 $ 21,871 $ 22,964 $ 24,112 $ 25,318 $ 2300 Director of Community & Economic Development 15,770 $ 16,559 $ 17,387 $ 18,256 $ 19,169 $ 4205 Director of Digital Service & Open Government 14,977 $ 15,726 $ 16,512 $ 17,337 $ 18,204 $ 2801 Director of Economic Development & Innovation
2205 District Manager/Engineer (SRSD) 14,088 $ 14,792 $ 15,532 $ 16,308 $ 17,124 $ 2140 Finance Director 14,772 $ 15,510 $ 16,286 $ 17,100 $ 17,955 $ 7101 Fire Chief 20,623 $ 21,654 $ 22,737 $ 23,873 $ 25,067 $ 1106 Human Resources Director 14,908 $ 15,654 $ 16,436 $ 17,258 $ 18,121 $ 2406 Library and Recreation Director 15,516 $ 16,292 $ 17,106 $ 17,961 $ 18,859 $ 6101 Police Chief 20,623 $ 21,654 $ 22,737 $ 23,873 $ 25,067 $ 2201 Public Works Director 16,075 $ 16,879 $ 17,723 $ 18,609 $ 19,540 $ ** adjusted per Council action
24,494 $
SAN RAFAEL UNREPRESENTED EXECUTIVE MANAGEMENT
SALARY SCHEDULE
Effective July 1, 2024
Position Monthly Salary
City Manager (Appointed)
EXHIBIT A
Grade Position A B C D E
2501 Assistant City Attorney 15,659 $ 16,442 $ 17,264 $ 18,128 $ 19,034 $ 2001 Assistant City Manager 21,454 $ 22,527 $ 23,653 $ 24,836 $ 26,078 $ 2300 Director of Community & Economic Development 16,716 $ 17,552 $ 18,430 $ 19,351 $ 20,319 $ 4205 Director of Digital Service & Open Government 16,325 $ 17,141 $ 17,998 $ 18,898 $ 19,843 $ 2801 Director of Economic Development & Innovation
2205 District Manager/Engineer (SRSD) 14,510 $ 15,236 $ 15,998 $ 16,798 $ 17,637 $ 2140 Finance Director 15,953 $ 16,751 $ 17,589 $ 18,468 $ 19,391 $ 7101 Fire Chief 21,241 $ 22,303 $ 23,419 $ 24,590 $ 25,819 $ 1106 Human Resources Director 16,250 $ 17,063 $ 17,916 $ 18,812 $ 19,752 $ 2406 Library and Recreation Director 16,602 $ 17,432 $ 18,304 $ 19,219 $ 20,180 $ 6101 Police Chief 21,241 $ 22,303 $ 23,419 $ 24,590 $ 25,819 $ 2201 Public Works Director 17,120 $ 17,976 $ 18,875 $ 19,819 $ 20,810 $ ** adjusted per Council action
$ 24,494
SAN RAFAEL UNREPRESENTED EXECUTIVE MANAGEMENT
SALARY SCHEDULE
Effective July 1, 2025
Position Monthly Salary
City Manager (Appointed)
EXHIBIT A
Grade Position A B C D E
2501 Assistant City Attorney 16,129 $ 16,936 $ 17,782 $ 18,671 $ 19,605 $ 2001 Assistant City Manager 22,098 $ 23,203 $ 24,363 $ 25,581 $ 26,860 $ 2300 Director of Community & Economic Development 17,218 $ 18,079 $ 18,983 $ 19,932 $ 20,929 $ 4205 Director of Digital Service & Open Government 17,794 $ 18,684 $ 19,618 $ 20,599 $ 21,629 $ 2801 Director of Economic Development & Innovation
2205 District Manager/Engineer (SRSD) 14,946 $ 15,693 $ 16,478 $ 17,302 $ 18,167 $ 2140 Finance Director 17,230 $ 18,091 $ 18,996 $ 19,945 $ 20,943 $ 7101 Fire Chief 21,879 $ 22,973 $ 24,121 $ 25,327 $ 26,594 $ 1106 Human Resources Director 17,550 $ 18,428 $ 19,349 $ 20,316 $ 21,332 $ 2406 Library and Recreation Director 17,598 $ 18,478 $ 19,402 $ 20,372 $ 21,390 $ 6101 Police Chief 21,879 $ 22,973 $ 24,121 $ 25,327 $ 26,594 $ 2201 Public Works Director 17,634 $ 18,516 $ 19,441 $ 20,413 $ 21,434 $ ** adjusted per Council action
$ 24,494
SAN RAFAEL UNREPRESENTED EXECUTIVE MANAGEMENT
SALARY SCHEDULE
Effective July 1, 2026
Position Monthly Salary
City Manager (Appointed)
EXECUTIVE MANAGEMENT SALARY RESOLUTION
EXHIBIT "B"
FURLOUGH PROGRAM
Both the City of San Rafael and the Management Group employees recognize the current economic condition of the State of California and the City of San Rafael. Through this recognition and in a cooperative spirit the City of San Rafael and these employees have worked expeditiously on the development of a Furlough Program. This does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael the procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO).
Voluntary Time Off (VTO).
The needs of the City and the respective departments (as determined by the Department Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year.
2. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department.
Mandatory Time Off (MTO).
The City will attempt to schedule MTO time in blocks of days (between Christmas and New Years) or individual days next to scheduled holidays and/or weekends.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. For retirement calculation purposes of the MTO, the City shall follow the policies and procedures of the Marin County Employees’ Retirement Association (MCERA) at the time of the furlough.
3. Any employee who notifies the City no later than 07/30/11 of their retirement date and retires from the City during FY 11-12 shall be exempted from the MTO requirements. If said employee did not retire during FY 11-12 as stated, said employee would be docked in pay an amount equivalent to the number of MTO hours taken by other represented employees.
4. MTO time shall apply toward time in service for step increases, completion of probation, and related service credit subject to the policies and procedures of the Marin County Employees’ Retirement Association (MCERA).
Other Terms and Conditions.
1. The MTO salary reduction shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. When the maximum MTO reduction (5%) is implemented, the involved employee shall be credited with three (3) days of float time.
2. Float Time accrued through the MTO Program must be taken in the fiscal year following the furlough, with supervisory approval, or the leave will be forfeited. The float days have no cash value upon termination of employment.
3. Should the City experience a financial windfall during the fiscal year that furloughs are implemented, the City agrees to re-open discussions on this Furlough Program.
4. The VTO/MTO salary reduction is intended to be permanent for the term of this contract.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING THE
COMPENSATION AND WORKING CONDITIONS FOR
UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES
(JULY 1, 20212024 THROUGH JUNE 30, 20242027)
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO EMPLOYMENT AGREEMENTS
WITH THE UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES
1. EXECUTIVE MANAGEMENT EMPLOYEES
The Executive Management Employees of the City of San Rafael are the Executive Management Job Class Titles (“Executives”) enumerated in Exhibit A, attached hereto and incorporated herein. This Resolution shall constitute the compensation and conditions of employment for the Executives for the period from July 1, 20212024, through June 30, 20242027.
The City Manager is hereby authorized to enter into employment agreements in accordance with the terms specified herein.
2. SALARY AND COMPENSATION GOALS
A. GOALS AND COMPENSATION DEFINITIONS
It is the goal of the City Council to try to achieve a total compensation package for all Executives that is competitive compared to similar cities in our labor market. The survey cities are Fairfield, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato, and Santa Rosa. The Council’s goal is to attract and retain the most qualified Executives in accordance with the City’s ability to pay.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, auto allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, Executive Management allowance, and employer paid cafeteria/flexible spending accounts.
B. COMPENSATION SURVEYS
In order to measure progress towards the above-stated goal, the City shall survey all Executive Management positions in the final year of the Resolution in advance of discussions regarding a successor Resolution.
Identified survey positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the position is identified by the survey agency as being on the salary schedule and having a job class description. The appropriate survey positions will be selected for Executive Management positions based upon similar work and similar job requirements.
The City shall review the survey data for accuracy and completeness. The City shall provide the survey data to all Executives.
2 C. SALARY INCREASES
Prior year contract extension – restoration of 3% base wage: For FY 20-21, all bargaining groups (except WCE, Local 1, Mid-Management and Executive Management) received a 3% base wage increase for the 1-year contract extension which was implemented for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of the bargaining groups. WCE, Local 1, Mid-Management and Executive Management did not receive this same 3% base wage increase for FY 20-21. However, the City is now in a financial position to “restore” the 3% base wage increase to those groups. The 3% base wage increase will apply to the Elected City Clerk and Elected City attorney positions and is reflected in the salaries listed below.
Individual classification salary increase percentages depend on the labor market adjustment applied to each position. The salary schedule included with this salary resolution authorizes the proposed new salary for each position.
D. CAR ALLOWANCE
The monthly car allowance paid to the Executives shall be $350. Executives identified in Exhibit A may be eligible to have use of a city car in lieu of the monthly car allowance at the discretion of the City Manager.
3. INSURANCE
Health & Dental Insurance benefits are prorated for part-time employees in accordance with the percentage of full-time work schedule. Domestic partners who are registered with the Secretary of State and same-sex spouses are considered dependents under these benefits. Pertinent taxes will be applied to coverage provided to registered domestic partners and same sex spouses as required by federal and state laws.
A. HEALTH INSURANCE
1. Health Insurance for Active Employees. Effective January 1, 2009, 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.
The monthly flex dollar allowance effective the paycheck of December 15, 2020July 1, 2024, shall be:
For employee only: $ 673.42735.86
For employee and one dependent: $ 1,346.82 471.71
For employee and two or more dependents: $ 1,750.88913.24 FlexThe monthly flex dollar allowance effective the paycheck of December 15, 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
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 3 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%.
Upon expiration of this resolution, the Flex flex dollar allowances for Executive Management Employees represented by this resolution shall increase on the December 15th paycheck of each subsequent year by up to a maximum of three percent (3%) 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) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income..
Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive the value of the Employee Only contribution as a 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.
Miscellaneous Allowance for Employees promoted or hired into an Executive position hired on or before January 1, 2009:
The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in an amount equivalent to the difference between the employee’s benefit election for coverage under PEMHCA and their flex dollar allowance, if their benefit election under 4 PEMHCA exceeds their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined under the City’s Cafeteria plan.
2. Health Insurance for Retirees
a. Employees promoted or hired into an Executives positionHired prior to April 1, 2007 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael Executive Management position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.a) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis.
On a monthly basis, the City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, for the retiree and the retiree’s spouse/registered domestic partner or surviving spouse/registered domestic partner and/or qualified dependent children’s coverage under PEMHCA up to the maximum contribution the City makes towards the cost of coverage of an active employee hired prior to April 1, 2007. The City‘s longevity contribution shall remain in effect for the retired manager’s life and that of the retired manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner.
As described in this subsection, the City shall reimburse retired Executives and their spouses or registered domestic partners the Medicare Part B standard premium amount, as determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis. To initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums to the Human Resources Department. If the Medicare Part B is deducted from social security, the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly basis. This reimbursement shall remain in effect for the retired Executive’s life and that of the retired Executive’s spouse/registered domestic partner or surviving spouse/registered domestic partner.
b. Employees promoted or hired into an Executives positionhired on or after April 1, 2007 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.b) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis.
On a monthly basis, the City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for the retiree. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner or retiree’s dependents. The City‘s longevity contribution shall cease on the retired manager’s death. The City shall not be responsible for reimbursing retired Executives and/or their spouses for any Medicare premiums paid by the retired manager and/or the retired manager’s spouse or surviving spouse. 5 c. Employees promoted or hired into an Executives positionhired on or after January 1, 2009 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.c) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for reimbursing retired Executives and/or their spouses for any Medicare premiums paid by the retired manager and/or the retired manager’s spouse or surviving spouse.
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 the mandatory annual conversion of 50 hours of sick time in service on July 1 of each year, provided an employee has a remaining balance of 75 hours of sick leave after the conversion.
B. LIFE INSURANCE
The City shall provide a basic group life insurance plan in the amount of $250,000 at no cost to the employee.
C. LONG-TERM DISABILITY INSURANCE
The City shall provide long- term disability (LTD) insurance, at no cost to the employee, with a benefit of two-thirds (2/3) of the employee’s monthly salary, up to a maximum benefit of $7,500 (reduced by any deductible benefits).
D. DENTAL INSURANCE
The City shall make available to employees an additional flex dollar allowance equal to $113 per month to purchase dental coverage under the City’s dental plan. The City shall pay dental premiums on behalf of the employee and eligible dependents.
E. VISION PLAN
The City will contract for and pay for a vision plan for “employee plus dependent” vision benefits.
F. EMPLOYEE ASSISTANCE PLAN
The City provides an Employee Assistance Program (EAP) with confidential personal counseling on work and family related issues such as eldercare, substance abuse, etc. Supervisors may also utilize the EAP to refer employees to counselors for work- related assistance.
4. RETIREMENT
A. EMPLOYER PAID MEMBER CONTRIBUTION (EPMC)
Each Manager is responsible for paying the full cost of their employee contribution rate as established by the Marin County Employee Retirement Association.
Effective September 1, 2013, in accordance with MCERA and City administrative requirements, all Executive employees will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA.
6 The only employees excluded from this payment are long-term City employees with thirty or more years of City service who no longer have to pay any employee contribution to the Marin County Retirement System.
B. COLA
Executives participating in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act.
Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act).
C. RETIREMENT PLAN
The City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement program to all miscellaneous Executives subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on an employee’s single highest year of compensation.
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 three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA.
Minimum retirement age is 55.
Employees hired by the City 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.
D. SERVICE CREDIT FOR SICK LEAVE
Executives who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after 07/01/95 and within 120 days of leaving City employment (excludes deferred retirements), shall receive employment service credit (incorporated from Resolution #9414, dated July 17, 1995), for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation at the time of retirement, pursuant to Section 5-A of this Resolution).
This provision will no longer be available to Executives hired after June 30, 2009.
E. EXECUTIVE MANAGEMENT ALLOWANCE
As of September 16, 2015, the Executive Management Allowance of 4.59% was rolled into base pay for all Unrepresented Executive Management employees.
5. LEAVES OF ABSENCE
A. SICK LEAVE
Executives shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Accrued sick leave may be used during their probationary period. 7 Executives who leave City service in good standing shall receive compensation (cash in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. In the event of the death of an employee, payment for unused sick leave (based upon the previously stated formula) shall be paid to the employee's designated beneficiary.
Executives may accrue unlimited sick leave for usage purposes. However, a maximum of one thousand, two hundred hours (1,200) accrual applies for cash-in purposes at the time of City separation.
Executives may use sick leave prior to completion of probation. In recognition of Executives’ exempt status under FLSA, time off for sick leave purposes shall not be deducted from a Manager’s sick leave accrual, unless the employee is absent for the full workday.
Use of sick leave for work-related injuries or illnesses shall not be required when it is determined by the treating physician that this status is permanent and stationary.
B. VACATION LEAVE
1. Vacation Accrual - Vacation is accrued when an employee is on pay status and is credited on a semi-monthly basis. Eligible employees accrue vacation at the following rate for continuous service performed in pay status:
Years of service Leave Accrual rate/yearly
1-5 years 15 days
6 years 16 days
7 years 17 days
8 years 18 days
9 years 19 days
10 years 20 days
11 years 21 days
12 years 22 days
13 years 23 days
14 years 24 days
15 plus years 25 days
In recognition of Executives’ exempt status under FLSA, time off for vacation leave purposes shall not be deducted from a Manager’s vacation accrual unless the employee is absent for the full workday.
2. Administration of Vacation Leave
The City Manager may advance vacation leave to a Manager; prior approval is required.
Executives may accrue a maximum of 250 hours of vacation. Vacation leave accrual shall resume once the employee’s accumulated vacation leave balance falls below the accrual limit of 250 hours. Executives who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the date of termination. Executives may not utilize accrued vacation, administrative leave time, or personal leave time to extend their retirement date and service credit at the end of their city service. The vacation accrual may be increased to a maximum of 300 hours at the discretion of the City Manager.
3. Annual Option for Payment of Accrued Vacation Leave
8 A Manager who has taken at least ten (10) days of vacation in the preceding twelve (12) months, may request that his/hertheir accrued vacation, not to exceed fifty-two and 1/2 (52.5) hours, be paid to him/herthem in cash. The request may be granted at the discretion of the City Manager.
Executives may not cash-in more than fifty-two and 1/2 (52.5) hours within any twelve (12) month period.
C. ADMINISTRATIVE LEAVE
Executives shall receive ten (10) Administrative Leave days (75 hours) each calendar year subject to the approval of the City Manager. An additional three (3) days may be granted at the discretion and with approval of the City Manager. Unused Administrative Leave shall not carry over from one calendar year to the next, nor shall unused Administrative Leave balances be paid to a Manager upon his/hertheir resignation.
In recognition of exempt status under FLSA time off for Administrative leave purposes shall not be deducted from a Manager’s administrative leave accrual, unless the employee is absent for the full workday.
D. HOLIDAYS
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.
All employees who are required to work on a day designated as an authorized holiday, other than a day on which an election is held throughout the state, shall be paid at the applicable rate of pay for the number of hours actually worked.
City shall provide eleventwelve designated holidays and twoone floating holidays per calendar year to Executives. The hours for the fFloating holiday hours are automatically added to an employees’ vacation accrual on an semi-annual basis.
E. BEREAVEMENT LEAVE
In the event of the death of a Manager’s spouse, registered domestic partner, child, parent, brother, sister,sibling, parent in-law(s),laws, grandchild, grandparent, 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, the City shall provideup to five (5) days may be granted for paid bereavement leave up to a maximum of three (3) days. All bereavement leave must be exhausted within 3 months of the date of the statedeath of the family member and five (5) days out-of-statemay be taken intermittently.
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 City Manager as part of the request for bereavement leave. Directors may make a request to the City Manager, to use bereavement leave for a relative other than those listed above.
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.
F. CATASTROPHIC LEAVE
All Executives shall abide by the City’s Catastrophic Leave Policy. 9 G. PAID PARENTAL LEAVE
Effective July 1, 2024, any 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 registered 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.
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 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 or reduced schedule.
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 working a reduced work schedule.
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.
Coordination of Benefits & Leaves:
• PPL taken under this policy 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.
10 • 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 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 department 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.
H. END OF LIFE CARE LEAVE
Eligibility:
Effective July 1, 2024, employees who have 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. 11 6. EMPLOYMENT TERMS
A. HOURS OF WORK
The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes for Executives shall be 7.5 hours per day.
B. DRUG FREE WORK PLACE
All Executives shall abide by the City’s Drug and Alcohol Policy.
C. FURLOUGH PLAN
Executives endorse the Furlough Program described in Exhibit B.
D. PAY FOR PERFORMANCE EVALUATION SYSTEM
Executives shall be evaluated annually based upon the evaluation program adopted by the City Council in October of 1996 and incorporated by reference herein.
E. OUTSIDE EMPLOYMENT
All Executives shall abide by the City’s Outside Employment Policy.
F. F. GYM REIMBURSEMENTWELLNESS BENEFIT
Employees are eligible to receive up to $16.50 per month reimbursement for all eligible health and wellness expenses as follows: preventative medical examinations (minus any amount paid by a private insurance plan), paid health or gym club memberships, licensed weight loss facility memberships, physical therapy sessions, smoking cessation programs, wellness counseling, acupuncture, or meditation programs. Employees are eligible to receive up to $16.50 per month reimbursement for paid gym memberships. Such reimbursement shall be reported as taxable income to the employee.
G. PERSONNEL RULES & REGULATIONS
All employees shall follow the City’s Personnel Rules and Regulations located on the City’s website.
H. G. AT WILL STATUS
All positions covered by this resolution are at-will and as such serve at the pleasure of the appointing authority and may be removed at any time without cause and without right of appeal.
I. H. SEVERANCE
Except employees who have committed an abuse of office or position as defined by Government Code Section 53243.4 or committed a violation of the Fair Employment and Housing Act, an Unrepresented Executive Management employee who is involuntarily separated shall receive severance pay in a lump sum equal to the following, provided they sign a settlement and general release provided by the City:
• 1 year of service = two months of salary and two months of COBRA health insurance. • 2 years of service = three months of salary and three months of COBRA health insurance. • 3 years of service = four months of salary and four months of COBRA health insurance. • 4 years of service = five months of salary and five months of COBRA health insurance. • 5 or more years of service = six months of salary and six months of COBRA health insurance. 12 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 Council of said City held on the 19 th15th day of July 2021July 2024 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
LINDSAY LARA, CITY CLERK
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 6.g
Meeting Date: July 15, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
Prepared by: Angela Robinson Piñon,
Assistant City Manager
Marissa Sanchez, Human Resources
Director
City Manager Approval: ________
TOPIC: COMPENSATION FOR ELECTED CITY CLERK AND ELECTED PART-TIME CITY
ATTORNEY COMPENSATION
SUBJECT: RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS
FOR THE ELECTED CITY CLERK AND ELECTED PART-TIME CITY ATTORNEY (JULY 1, 2021 THROUGH JUNE 30, 2024)
RECOMMENDATION: Staff recommends that the City Council adopt the resolution establishing the compensation and working conditions for the Elected City Clerk and Elected Part-Time City Attorney (July 1, 2024, through June 30, 2027).
BACKGROUND:
The elected City Clerk and elected part-time City Attorney resolution expired on June 30, 2024. In keeping with the equity adjustment approach for Unrepresented Mid-Management and Executive Management employees and represented employees, the proposed salary increases for these positions depend on the extent to which each position is behind the labor market average. The proposed base wage increase of three percent (3.0%) and the proposed adjustments to the City’s contributions to the flex cafeteria plan f are in line with adopted labor agreements by the City Council for represented employees for the same three-year period.
ANALYSIS:
The following reflects highlights of the recommended changes in the attached salary resolution.
1. Term of the Resolution: July 1, 2024, through June 30, 2027
2. Salary Increase: Both the City Attorney and City Clerk will receive a three percent (3.0%) cost of living adjustment over the term of the resolution. In addition, City Attorney will receive an equity adjustment in years 1 and 2 based on a comparison of current compensation and the difference from the labor market average. The salary schedule included in the attached resolution authorizes the proposed new salary for each position.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
a. Year 1: A 3.0% cost of living increase for both the City Clerk and the City Attorney, and an additional 3.0% equity adjustment for the City Attorney b. Year 2: A 3.0% cost of living increase for both the City Clerk and the City Attorney, and an additional 3.0% equity adjustment for the City Attorney c. Year 3: A 3.0% cost of living increase for both the City Clerk and City Attorney, and an additional 3.0% equity adjustment for the City Attorney.
3. Full Flex Cafeteria Plan: To address rising healthcare costs, the City Clerk will receive an increase in their monthly Flex Dollar Allowance as noted below. The proposed health insurance contribution increases to the cafeteria benefit plan are consistent with those being offered to all City of San Rafael employees in their successor collective bargaining agreements.
Health Tier Current Increase Effective
Dec 2024
Employee Only $ 735.86 $ 214.14 $ 950.00
Employee +1 dependent $ 1,471.71 $ 428.29 $ 1,900.00
Employee + Family $ 1,913.24 $ 486.76 $ 2,400.00
For the term of this resolution, 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 employee will split the cost of the increase above ten percent (10%) evenly. Upon expiration of the resolution, the flex dollar amount increase shall revert back to a maximum of 3%, based on the Kaiser Bay Area premium rate increase.
As codified in Resolution number 12616 adopted by the San Rafael City Council on October 20, 2008, persons elected before January 1, 2009, shall receive an allowance to cover the full cost of their medical coverage. The City Attorney would continue to receive this benefit under the proposed resolution.
4. Non-Economic Items: The attached resolution also includes the following changes:
• Gender Neutral Language: Replaces references to “he,” “she,” “his,” and “hers” with “they,” “them,” and “their.”
• Dental Premiums: Clarifies that the City pays the full cost of dental insurance premiums for the City Attorney, City Clerk, and their eligible dependents. • Wellness Benefit: Broadens use of the exiting benefit to include reimbursement for health and wellness expenses such as wellness counseling, physical therapy, and other health and wellness related programs.
FISCAL IMPACT:
The current total annual salary and benefit cost to the City for the elected City Clerk and elected parttime City Attorney is $ 547,581. The additional ongoing incremental cost of the recommended salary resolution beyond the FY 2024-25 budget is:
Incremental
FY 2024-25
Incremental
FY 2025-26
Incremental
FY 2026-27
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Wages:
Salary $14,583 $15,295 $16,045
Other Costs:
Pension* $7,048 $7,391 $7,753
Taxes (Medicare, WC) $373 $392 $411
Benefits $8,411 $2,010 $2,111
Total Annual Incremental Costs: $30,415 $25,088 $26,320 Total Over Term of Contract $91,245 $50,176 $26,320
$167,741
**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.
While the incremental cost is $30,415 for fiscal year 2024-2025, $25,088 for fiscal year 2025-2026, and $26,320 for fiscal year 2026-2027, the increases are compounding and therefore the projected cumulative wages and other costs total $167,741. The increase in compensation included in this resolution is in line with the City’s current budget projections. Funding for these positions is provided for in the City’s General Fund.
OPTIONS:
The City Council has the following options to consider in this matter:
• Accept staff’s recommendation to adopt the resolution. • Adopt resolution with modifications.
• Direct staff to return with more information.
• Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the Resolution Establishing the Compensation and Working Conditions for the Elected City Clerk and Elected Part-Time City Attorney (July 1, 2024, through June 30, 2027).
ATTACHMENTS:
1. Resolution Establishing the Compensation and Working Conditions for the Elected City Clerk and Elected Part-Time City Attorney (July 1, 2024, through June 30, 2027), with attachment
2. Resolution with tracked changes
RESOLUTION NO.
AMENDED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING
THE COMPENSATION AND WORKING CONDITIONS FOR THE ELECTED CITY CLERK AND ELECTED PART TIME CITY ATTORNEY (JULY 1, 2024 THROUGH JUNE 30, 2027) This Resolution shall constitute the amended compensation and conditions of employment for the elected City Clerk and elected part-time City Attorney for the period from July 1, 2024, through June 30, 2027.
1. SALARY
a) Salary Increase
Individual classification salary increases depend on the labor market adjustment applied to each position. The salary schedule, effective July 1, 2024, attached hereto as Exhibit A, is adopted for the positions identified herein.
b) Car Allowance
An incumbent who holds the City Clerk’s office is eligible to receive a monthly car allowance of $350.
2. INSURANCE
a) Health Insurance: Effective January 1, 2009, 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, including the City Clerk and City Attorney, shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan.
The monthly flex dollar allowance effective the paycheck of July 1, 2024, shall be:
For employee only: $ 735.86
For employee and one dependent: $1,471.71
For employee and two or more dependents: $1,913.24
The monthly flex dollar allowance effective the paycheck of December 15, 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
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%.
Upon the expiration of this resolution, the flex dollar allowances shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year.
2 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) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits.
Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive the value of the Employee Only contribution as a 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.
Miscellaneous Allowance for Employees placed into office on or before January 1, 2009:
The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in an amount equivalent to the difference between the employee’s benefit election for coverage under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined under the City’s Cafeteria plan.
b) Health Insurance for Retirees
i) Elected or Appointed officials placed into office prior to April 1, 2007 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael elected position of City Clerk or City Attorney (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program and receive the PEMHCA minimum contribution as determined by CalPERS on an annual basis.
Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage for the retiree, the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined by PEMHCA) capped at the contribution the City makes towards the health coverage of an active City Attorney or City Clerk. The City‘s longevity contribution shall remain in effect during the 3 lifetime of the retired City Attorney and City Clerk and their spouse/registered domestic partner or surviving spouse/registered domestic partner.
As described in this subsection, the City shall reimburse retired elected or appointed officials and their spouses or registered domestic partners the Medicare Part B standard premium amount, as determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis. To initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums to the Human Resources Department. If the Medicare Part B is deducted from social security, the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly basis. This reimbursement shall remain in effect for the retired elected or appointed official’s life and that of the retired elected or appointed officials spouse/registered domestic partner or surviving spouse/registered domestic partner.
ii) Elected or Appointed officials placed into office on or after April 1, 2007 and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael elected position of City Clerk or City Attorney (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis.
Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for the retiree. 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. The City‘s longevity contribution shall cease upon the retired City Attorney or City Clerk’s death. iii) Elected or Appointed officials placed into office on or after January 1, 2009 Elected or Appointed officials placed into office on or after January 1, 2009, and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERS laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. c) Life Insurance. The City shall provide a basic group life insurance plan in the amount of $250,000 at no cost to the employee.
d) Long-Term Disability Insurance. The City shall provide long term disability (LTD) insurance, at no cost to the City Clerk/City Attorney, with a benefit of two-thirds (2/3) of their respective monthly salaries, up to a maximum benefit of $7,500 (reduced by any deductible benefits). e) Dental Insurance. The City shall pay dental premiums on behalf of the City Clerk/City Attorney and eligible dependents.
f) Vision Plan. The City will contract for and pay for a vision plan for “employee plus dependent” vision benefits.
g) Wellness Benefit. The City Clerk and City Attorney are eligible to receive up to $16.50 per month reimbursement for all eligible health and wellness expenses as follows: preventative medical examinations (minus any amount paid by a private insurance plan), paid health or gym club memberships, licensed weight loss facility memberships, physical therapy sessions, smoking cessation programs, wellness counseling, acupuncture, or meditation programs.. Such reimbursement shall be reported as taxable income to the employee. 4 3) RETIREMENT
a) Retirement Plan. The City shall provide the Marin County Employee Retirement Association 2.7% @ 55 retirement program to the City Clerk and City Attorney, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on an employee’s single highest year of compensation.
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 three highest years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum retirement age is 55.
Employees hired by the City 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.
b) Employer Paid Member Contribution (EPMC). The City Clerk and City Attorney are responsible for the full cost of their own employee contribution rate as established by MCERA.
Effective September 1, 2013, in accordance with MCERA and City administrative requirements, the City Attorney and City Clerk will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA. The only employees excluded from this payment are longterm City employees with thirty or more years of City service who no longer have to pay any employee contribution to the Marin County Retirement System. c) COLA. Participating members in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act). d) Management Allowance. As of September 16, 2015, the Management Allowance of 4.59% was rolled into base pay for the City Clerk and City Attorney.
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 said City the 15th day of July, 2024 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
________________________
LINDSAY LARA, CITY CLERK
Effective July 1, 2024:
Grade Position ABCDE
1103 City Clerk 14,088 $ 14,792$ 15,532$ 16,308 $ 17,124 $ 1104 City Attorney $ 13,478
Effective July 1, 2025:
Grade Position ABCDE
1103 City Clerk 14,510 $ 15,236$ 15,998$ 16,798 $ 17,637 $ 1104 City Attorney $ 14,287
Effective July 1, 2026:
Grade Position ABCDE
1103 City Clerk 14,946 $ 15,693$ 16,478$ 17,302 $ 18,167 $ 1104 City Attorney $ 15,144
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N/A
N/A
CITY OF SAN RAFAEL
ELECTED EMPLOYEE SALARY SCHEDULE
EXHIBIT A
RESOLUTION NO.
AMENDED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING
THE COMPENSATION AND WORKING CONDITIONS FOR THE ELECTED CITY CLERK AND ELECTED PART TIME CITY ATTORNEY (JULY 1, 2021 2024 THROUGH JUNE 30, 20242027) This Resolution shall constitute the amended compensation and conditions of employment for the elected City Clerk and elected part-time City Attorney for the period from July 1, 2021 2024, through June 30, 20242027.
1. SALARY
a) Salary Increase
Prior year contract extension – restoration of 3% base wage: For FY 20-21, all bargaining groups (except WCE, Local 1, Mid-Management and Executive Management) received a 3% base wage increase for the 1-year contract extension which was implemented for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of the bargaining groups. WCE, Local 1, Mid-Management and Executive Management did not receive this same 3% base wage increase for FY 20-21. However, the City is now in a financial position to “restore” the 3% base wage increase to those groups. The 3% base wage increase will apply to the Elected City Clerk and Elected City attorney positions and is reflected in the salaries listed below.
Individual classification salary increaseincreases percentages depend on the labor market adjustment applied to each position. The salary schedule, effective July 1, 2024, attached hereto as Exhibit A, is adopted for the positions identified herein.The proposed new salary for each position is as follows:
The proposed new salary for each position is as follows:
Year 1:
Step A B C D E
City Clerk $ 9,326 $ 9,792 $ 10,282 $ 10,796 $ 11,335
City Attorney N/A N/A N/A N/A $ 11,755
Year 2:
Step A B C D E
City Clerk $ 9,699 $ 10,184 $ 10,693 $ 11,227 $ 11,789
City Attorney N/A N/A N/A N/A $ 12,226
Year 3:
Step A B C D E
City Clerk $ 10,087 $ 10,591 $ 11,121 $ 11,677 $ 12,260 City Attorney N/A N/A N/A N/A $ 12,715
2 b) Car Allowance
An incumbent who holds the City Clerk’s office is eligible to receive a monthly car allowance of $350.
2. INSURANCE
a) Health Insurance: Effective January 1, 2009, 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, including the City Clerk and City Attorney, shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan.
The monthly flex dollar allowance effective the paycheck of December 15, 2020July 1, 2024, shall be:
For employee only: $ 673.42735.86
For employee and one dependent: $1,346.82471.71
For employee and two or more dependents: $1,750.88913.24 The monthly flex dollar allowance effective the paycheck of December 15, 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
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%.
Flex Upon the expiration of this resolution, the flex dollar allowances shall increase on the December 15th paycheck of each subsequent year by up to a maximum of three percent (3%) 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) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income.
Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive the value of the Employee Only contribution as a 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. 3 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.
Miscellaneous Allowance for Employees placed into office hired on or before January 1, 2009:
The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in an amount equivalent to the difference between the employee’s benefit election for coverage under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined under the City’s Cafeteria plan.
b) Health Insurance for Retirees
i) Elected or Appointed officials placed into office prior to April 1, 2007 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael elected position of City Clerk or City Attorney (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program and receive the PEMHCA minimum contribution as determined by CalPERS on an annual basis.
Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage for the retiree, the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined by PEMHCA) capped at the contribution the City makes towards the health coverage of an active City Attorney or City Clerk. The City‘s longevity contribution shall remain in effect during the lifetime of the retired City Attorney and City Clerk and their spouse/registered domestic partner or surviving spouse/registered domestic partner.
As described in this subsection, the City shall reimburse retired elected or appointed officials and their spouses or registered domestic partners the Medicare Part B standard premium amount, as determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis. To initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums to the Human Resources Department. If the Medicare Part B is deducted from social security, the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly basis. This reimbursement shall remain in effect for the retired elected or appointed official’s life and that of the retired elected or appointed officials spouse/registered domestic partner or surviving spouse/registered domestic partner.
ii) Elected or Appointed officials placed into office on or after April 1, 2007 and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael elected position of City Clerk or City Attorney (and comply with the 4 appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis.
Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for the retiree. 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. The City‘s longevity contribution shall cease upon the retired City Attorney or City Clerk’s death. iii) Elected or Appointed officials placed into office on or after January 1, 2009 Elected or Appointed officials placed into office on or after January 1, 2009, and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERS laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. c) Life Insurance. The City shall provide a basic group life insurance plan in the amount of $250,000 at no cost to the employee.
d) Long-Term Disability Insurance. The City shall provide long term disability (LTD) insurance, at no cost to the City Clerk/City Attorney, with a benefit of two-thirds (2/3) of their respective monthly salaries, up to a maximum benefit of $7,500 (reduced by any deductible benefits). e) Dental Insurance. The City shall make available to all employees an additional flex dollar allowance equal to $113 per month to purchase dental coverage under the City’s dental plan. The City shall pay dental premiums on behalf of the City Clerk/City Attorney and eligible dependents. f) Vision Plan. The City will contract for and pay for a vision plan for “employee plus dependent” vision benefits.
g) Wellness BenefitGym Reimbursement. The City Clerk and City Attorney are eligible to receive up to $16.50 per month reimbursement for all eligible health and wellness expenses as follows:
preventative medical examinations (minus any amount paid by a private insurance plan), paid health or gym club memberships, licensed weight loss facility memberships, physical therapy sessions, smoking cessation programs, wellness counseling, acupuncture, or meditation programs.for paid gym memberships. Such reimbursement shall be reported as taxable income to the employee.
3) RETIREMENT
a) Retirement Plan. The City shall provide the Marin County Employee Retirement Association 2.7% @ 55 retirement program to the City Clerk and City Attorney, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on an employee’s single highest year of compensation.
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 three highest years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum retirement age is 55.
5 Employees hired by the City 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.
b) Employer Paid Member Contribution (EPMC). The City Clerk and City Attorney are responsible for the full cost of their own employee contribution rate as established by MCERA.
Effective September 1, 2013, in accordance with MCERA and City administrative requirements, the City Attorney and City Clerk will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA. The only employees excluded from this payment are longterm City employees with thirty or more years of City service who no longer have to pay any employee contribution to the Marin County Retirement System. c) COLA. Participating members in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act). d) Management Allowance. As of September 16, 2015, the Management Allowance of 4.59% was rolled into base pay for the City Clerk and City Attorney.
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 said City the 19th 15 th day of
July, ly 2021 2024 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
________________________
LINDSAY LARA, CITY CLERK