HomeMy WebLinkAboutReso 2018-043 - RPOA RESOLUTION NO. 2018-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF REDDING AND THE REDDING PEACE OFFICERS'
ASSOCIATION BARGAINING UNIT, EFFECTIVE MAY 1, 2018
WHEREAS, Redding Peace Officers' Association (RPOA), has been formally
recognized as the majority representative of an appropriate unit of employees, as set forth in
Section 2.1 of Article 2 of the attached Memorandum of Understanding; and
WHEREAS, the designated representatives of the City of Redding have conferred with and
entered into a Memorandum of Understanding with the designated representatives of RPOA, as
required by the provisions of the Meyers-Milias-Brown Act of 1968; and
WHEREAS, the City Council deems it to be in the best interest of the City to adopt such
recommendation;
NOW,THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Redding that the aforesaid Memorandum of Understanding is hereby approved and shall be
effective May 1, 2018.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a
regular meeting of the City Council of the City of Redding on the 1st day of May, 2018, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
KRISTEN DER, Mayor
ATTEST: FORM APPROVED:
/i-W1411( 1/1-d-ip 411
PAMELA MIZE, City Clerk BARRY . I eW L , City ttorney
MEMORANDUM OF UNDERSTANDING
between
THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING
and
THE DESIGNATED REPRESENTATIVES
of the
REDDING PEACE OFFICERS ASSOCIATION
EFFECTIVE: July 1, 1974(Insofar as legally possible)
AMENDED: May 29, 1975, to be effective June 29, 1975
AMENDED: June 20, 1978, to be effective June 25, 1978
AMENDED: August 2, 1982, to be effective July 7, 1982
AMENDED: August 11, 1983, to be effective July 3, 1983
AMENDED: November 5, 1984, to be effective November 4, 1984
AMENDED: April 7, 1987, to be effective July 1, 1986
AMENDED: July 18, 1989, to be effective June 25, 1989
AMENDED: April 6, 1993, to be effective April 6, 1993
AMENDED: June 21, 1994, to be effective June 19, 1994
AMENDED: January 2, 1996, to be effective December 17, 1995
AMENDED: April 7, 1998, to be effective September 20, 1997
AMENDED: May 7, 2002, to be effective April 14,2002
AMENDED: March 21, 2006, to be effective March 12, 2006
AMENDED: June 21, 2011 to be effective June 26, 2011
AMENDED: April 19, 2016 to be effective April 20, 2016
AMENDED: April 27, 2018 to be effective May 1, 2018
TABLE OF CONTENTS
ARTICLE 1: PREAMBLE 1
ARTICLE 2: RECOGNITION 2
ARTICLE 3: ASSOCIATION SECURITY 3
ARTICLE 4: GRIEVANCE PROCEDURE 4
ARTICLE 5: SAFETY 5
ARTICLE 6: DISABILITY AND UNEMPLOYMENT 7
ARTICLE 7: EMPLOYEE STATUS 7
ARTICLE 8: WAGES AND CLASSIFICATIONS 9
ARTICLE 9: HOURS AND OVERTIME 11
ARTICLE 10: CITY SENIORITY 14
ARTICLE 11: PROMOTION AND TRANSFER 14
ARTICLE 12: DEMOTION AND LAYOFF 15
ARTICLE 13: LEAVE OF ABSENCE 16
ARTICLE 14 EXPENSES 16
ARTICLE 15: SICK LEAVE 17
ARTICLE 16: FUNERAL LEAVE 18
ARTICLE 17: HOLIDAYS 19
ARTICLE 18: VACATIONS 20
ARTICLE 19: UNIFORMS 21
ARTICLE 20: MISCELLANEOUS 22
ARTICLE 21: RETIREMENT PROGRAM 22
ARTICLE 22: EMPLOYEE HEALTH AND WELFARE BENEFIT PROGRAM 24
ARTICLE 23: TERM 28
ARTICLE 24: ENTIRE AGREEMENT 28
EXHIBIT"A" - SCHEDULE OF WAGE RATES
EXHIBIT"B" - JOB DEFINITIONS
EXHIBIT"C" - PERFORMANCE STANDARDS
EXHIBIT"D"- REIMBURSEMENT OF HIRING AND TRAINING EXPENSES
EXHIBIT"E" - SUBSTANCE ABUSE POLICY
EXHIBIT"F" - LIST OF EMPLOYEES WHO HAVE HISTORICALLY ESTABLISHED
SENIORITY DATES
NOTE: Amendments are shown by underlining the new language and striking out the deleted
language.
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 26th day of
June, 1974, by and between the designated representatives of the CITY OF REDDING (a public
agency as defined in Section 3501(c)of Chapter 10 of Division 4 of Title 1 of the Government Code
of the State of California), hereinafter referred to as the City, and the designated representatives of
the Redding Peace Officers Association (a recognized employee Association as defined in Section
3501(b) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California),
hereinafter referred to as Association;
WITNESSETH:
WHEREAS, the parties hereto desire to facilitate the peaceful adjustment of differences that
may from time to time arise between them, to promote harmony and efficiency to the end that the
City, the Association and the general public may benefit therefrom, and to establish fair and
equitable wages, hours and working conditions for certain hereinafter designated employees of the
City;
NOW,THEREFORE, the parties hereto do agree as follows:
ARTICLE 1: PREAMBLE
1.1 The parties acknowledge the provisions of Chapter 10 (Subsection 3500,et. seq.)of
Division 4 of Title 1 of the Government Code of the State of California.
1.2 It is the policy of the City and the Association not to, and neither party will, interfere
with, intimidate, restrain, coerce or discriminate against any employee because of race, color, sex,
sexual orientation, citizenship status, marital status, ethnicity, age (for people 40 and older),
religion, gender identity, gender expression, genetic information, national origin and ancestry,
political affiliation, creed, military or veteran status, physical disability, mental disability, medical
condition or any other characteristic protected by state or federal law .
1.3 The City is engaged in rendering services to the public and the City and the
Association recognize their mutual obligation for the continuous rendition and availability of such
services.
1.4 The duties performed by employees of the City as part of their employment pertain
to and are essential to the operation of a municipality and the welfare of the public dependent
thereon. During the term of this Memorandum of Understanding, employees shall not partially or
totally abstain from the performance of their duties for the City. The Association shall not call upon
or authorize employees individually or collectively to engage in such activities and shall make a
reasonable effort under the circumstances to dissuade employees from engaging in such activities.
Those employees who do individually or collectively, partially or totally abstain from the
performance of their duties for the City shall be subject to disciplinary action up to and including
discharge from employment without recourse.
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1.5 City employees shall perform loyal and efficient work and service and shall use their
influence and best efforts to protect the properties of the City and its service to the public and shall
cooperate in promoting and advancing the welfare of the City and in preserving the continuity of its
service to the public at all times.
1.6 The City and the Association shall cooperate in promoting harmony and efficiency
among City employees. The parties have met and conferred in good faith and have reached
agreement on procedures set forth in this Memorandum of Understanding for resolution of disputes
between the parties. The Association agrees that it will follow the procedures as set forth in this
Memorandum of Understanding or the bargaining process required by the Meyers-Milias-Brown
Act and will make every effort to persuade its members to also use the established procedures,
rather than to use any other method or forum such as appeals directly to the news media or the City
Council for resolution of problems or disputes arising out of this Memorandum of Understanding.
1.7 Notwithstanding anything to the contrary, the Redding Peace Officers Association
recognizes and accepts the right of City of Redding management to manage the City. It is agreed
by the parties to this Memorandum that management rights include, by way of illustration and
not by way of limitation, the following: (a) the full and exclusive control of the management of
the City; (b) the supervision of all operations, methods, processes and means of performing any
and all work, the control of the property and the composition, assignment, direction and
determination of the size of its working forces; (c) the right to determine the work to be done by
employees; (d) the right to change or introduce new or improved operations, methods, means or
facilities; and (e) the right to hire, schedule, promote, demote, transfer, release and lay off
employees and the right to suspend, discipline and discharge employees and otherwise to
maintain an orderly, effective and efficient operation. The parties acknowledge that the
foregoing management rights are subject to any provisions of this Memorandum of
Understanding which specifically modify or limit management's exercise of the foregoing rights,
and except as these rights have been so modified herein, they shall not be subject to the
grievance procedure.
1.8 The schedule and staffing plan for the Field Operations Unit provides for a four (4)
day work week with ten (10) hour working days at regular time. It is recognized that management
has the right to schedule employees and to determine the staffing plan; however, a specific
exception shall apply exclusively to the reversion to a five (5) day work week with eight (8) hour
working days in that this reversion shall be subject to the meet-and-confer process as provided for
by the Meyers-Milias-Brown Act and this agreement.
ARTICLE 2: RECOGNITION
2.1 The City recognizes the Association as the "Majority Representative" of all
employees of the City Police Department who hold a classification listed on Exhibit "A" of this
Memorandum of Understanding. The provisions of this Memorandum of Understanding hereinafter
set forth shall apply only to those employees of the City of Redding for whom the Redding Peace
Officers Association is the established majority representative.
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2.2 Official representatives of the Association will be permitted access to City property
to confer with City employees on matters of employer-employee relations, but such representatives
shall not interfere with work in progress without agreement of Management.
2.3 The City will provide the Association adequate bulletin board space for the purpose
of posting thereon matters relating to official Association business.
2.4 The City and the Association will not interfere with, intimidate, restrain, coerce or
discriminate against any employee because of the employee's membership or non-membership in
the Association or his activity on behalf of the Association.
2.5 Any employee, at the employee's request, shall be permitted representation by an
Association representative on any grievance or disciplinary matter. In particular, the parties
acknowledge the provisions of California Government Code Section 3300 et.seq. as it exists or may
be subsequently amended by the California Legislature.
2.6 Joint Association-Management meetings shall be held as often as agreed upon by the
Association and Management. The purpose of these meetings shall be to promote harmony and
efficiency and to improve communications between employees and all levels of management. The
meeting agenda shall be determined by those in attendance and there shall be no restrictions on the
subject matter, provided the meetings shall not substitute for normal grievance procedures or for
formal negotiations between the parties. Those in attendance shall consist of the Association's
Negotiating Committee and the City's Police Chief, the City's Personnel Director and such other
management personnel as determined by the Personnel Director. The meetings shall be summarized
in written minutes. Except that the provisions of this section shall be observed, the meetings shall
be self-organizing.
ARTICLE 3: ASSOCIATION SECURITY
3.1(a) Every employee covered by this Memorandum of Understanding shall: (1)
become a member of the Association and maintain the employee's membership in the
Association in good standing in accordance with its Constitution and Bylaws; or (2) in the
alternative, an employee shall tender, monthly, an agency fee in an amount set annually by the
Association , or (3) qualify as a bona fide objector pursuant to Labor Code 3502.5 and make the
requisite charitable contribution.
3.1(b) Any employee appointed to any classification out of the bargaining unit covered
by this Memorandum of Understanding may withdraw from membership in the Association and
the employee's obligation to pay an agency fee shall be suspended for the duration of such
period as the individual is working for City in a job classification not covered by this
Memorandum of Understanding.
3.2 The City shall deduct from their wages the regular membership dues of employees
who are members of the Association or agency fees of other employees provided for in 3.1(a) not
exempted by the provision of 3.1(b), and who individually and voluntarily authorize such
deductions in writing in accordance with the provisions of Section 1157.3 of the Government
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Code of the State of California. In the absence of a voluntary deduction authorization, the City
will deduct the agency fee from the members pay.
3.3 Deductions shall be made from each payroll period and a check for the total
deductions shall be submitted to the Treasurer of the Association within five (5)working days of
the date the dues or agency fees are withheld from the employee's check or by Electronic Fund
Transfer to a bank designated by the Association. Deductions may include individual insurance
and benefit programs.
3.4 The dues deduction authorization form shall be approved by both the City and the
Association.
3.5 The City shall provide all new employees with the Association membership
application forms, payroll deduction authorization forms, and a copy of this Memorandum of
Understanding before the end of the first pay period. Such materials will be furnished to the City
by the Association .
3.6 Indemnity and Refund - The Association shall file with the City an Indemnity
Statement wherein the Association shall indemnify, defend and hold the City harmless against
any claim made and against any suit initiated against the City on account of Association dues
check off or premiums for benefits. In addition, the Association shall refund to the City any
amounts paid to it in error upon presentation of supporting evidence.
ARTICLE 4: GRIEVANCE PROCEDURE
4.1 Any grievances which may arise between the Association or any of its members and
the City,with respect to the interpretation or application of any of the terms of this Memorandum of
Understanding and with respect to such matters as the alleged discriminatory or arbitrary discharge,
demotion or discipline of an individual employee, shall be determined by the provisions of this
article, except that such matters as are included in the definition of impasse as set forth in
Resolution No. 2002 170 2012-091 are not a grievance. Probationary employees shall not be
entitled to invoke Article 4, Grievance Procedure,with regard to matters of discharge, or demotion.
This shall not, however, prevent a probationary employee from exercising any other rights under
this Memorandum of Understanding. Every employee designated by the City to hear the grievance
of a subordinate shall have the authority to settle that grievance.
4.2 The initial step in the adjustment of a grievance shall be a discussion between the
Association's President or Vice President, or any other person designated by the grievant, and the
immediate Management Supervisor directly involved, Division Head or Department Head as
applicable, who will answer within ten (10)work days. This step shall be started within thirty (30)
work days of the date of the action complained of or the date the grievant became aware of the
incident which is the basis for the grievance. This step may be taken during the working hours of
the Association President or Vice President. The foregoing steps may be supplemented by written
presentations as well as the oral discussions required above. The notice of the time, date and
location of all meetings between the grievant's representatives and management representatives
must be in writing.
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4.3.1 For matters regarding MOU interpretation the following provisions will apply:
4.3.1(a) Step Two: If the initial step in resolving the grievance (step one) was at a lower
administrative level than the Chief of Police, and the grievance was not resolved at Step One, the
second step shall be a discussion between the Association's President or Vice President or
representative designated as such by the grievant and the Chief of Police, who shall answer within
ten (10)work days. This step shall be taken within ten (10) work days of receipt by the grievant of
the answer in Step One.
4.3.1(b) Step Three: If a grievance is not resolved in the second step, the third step shall
be the presentation of the grievance, in writing, by the Association President or Vice President or
representative designated as such by the grievant to the Personnel Director, who shall answer, in
writing, within ten (10) work days. The third step shall be taken within ten (10) work days of
receipt by the grievant of the answer in Step Two.
4.3.1(c) Step Four: If a grievance is not resolved in the third step, the fourth step shall be
the presentation of the grievance, in writing, by the Association President or Vice President or
representative designated as such by the grievant to the City Manager or designee (Assistant City
Manager or Deputy City Manager), who shall answer, in writing, within ten (10) work days. The
fourth step shall be taken within ten (10) work days of receipt by the grievant of the answer in Step
Three. If requested by the grievant, a meeting shall be held between the City Manager or designee
and the grievant prior to a response.
4.3.2 For matters regarding non-Skelly disciplinary situations the following procedures
will apply:
4.3.2(a) The initial step in resolving the grievance shall be a discussion between the
Association's President or Vice President or representative designated as such by the grievant and
the Chief of Police,who shall answer within ten(10)work days.
4.3.2(b) Step Two: If a grievance is not resolved in the initial step, the second step shall
be the presentation of the grievance in writing by the Association President or Vice President or
representative designated as such by the grievant to the Personnel Director, who shall answer in
writing within ten (10) work days. The second step shall be taken within ten (10)work days of the
date of the answer in the initial step.
4.3.2(c) Step Three: If a grievance is not resolved in the second step, the third step shall
be the presentation of the grievance in writing by the Association President or Vice President or
representative designated as such by the grievant to the City Manager or designee (Assistant City
Manager or Deputy City Manager), who shall answer in writing within ten (10) work days. The
third step shall be taken within ten(10)work days of the date of the answer in the second step.
4.3.2(d) Step Four: If a grievance is not resolved in the third step, the fourth step shall be
referral to arbitration. The fourth step shall be taken within twenty(20)work days of the date of the
answer in step three.
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4.3.3 Grievances that appeal a disciplinary action wherein a pre-disciplinary hearing
(Skelly) has been afforded the employee with the City Manager, shall be filed initially at arbitration.
4.4(a) Step Four: If a grievance is not resolved in the third step, the fourth step shall be
referral by either the City or the Association to arbitration. The fourth step shall be taken within
twenty (20)work days of the date of the answer in Step Three.
4.4(b) Within five (5) working days of the City's receipt of a request by the Association
to submit a grievance to arbitration the City will solicit a list of not more than ten (10) arbitrators
from the State of California Conciliation and Mediation Service. A copy of such list shall be
forwarded to the Association's mailing address upon receipt by the City. The parties agree to act
expeditiously in the selection of an arbitrator. If the Association and the City fail to reach mutual
agreement on the selection of an arbitrator, each party shall, at a meeting of its representatives,
alternately strike a name from the list of arbitrators provided by the SCCMS. The first party to
strike a name shall be determined by lot. The costs of arbitration shall be borne equally by the City
and the Association. The City and the Association shall pay the compensation and expenses for
their respective witnesses. At the Association's request, the City shall release employees from duty
to participate in arbitration proceedings.
4.4(c) The arbitrator shall hold such hearings and shall consider such evidence as to the
arbitrator appears necessary and proper. The first hearing shall be held as soon as is practicable for
all parties involved. The decision of the arbitrator shall be final and binding on the City and the
Association and the aggrieved employee, if any, provided that such decision does not in any way
add to, disregard or modify any of the provisions of this Memorandum of Understanding.
4.5 Failure by either party to meet any of the aforementioned time limits as set forth in
Subsection 4.2, 4.3.1(a), 4.3.1(b), 4.3.1(c) 4.3.2(a), 4.3.2(b), 4.3.2(c), 4.3.2 (d), 4.4(a) or 4.4(c) will
result in forfeiture by the failing party; except however, that the aforementioned time limits may be
extended by mutual written agreement. Grievances settled by forfeiture shall not bind either party
to an interpretation of this Memorandum of Understanding, nor shall such settlements be cited by
either party as evidence in the settlement of subsequent grievances.
4.6 Notwithstanding the aforementioned procedure, any individual employee shall have
the right to present grievances to the City and to have such grievances adjusted without the
intervention of the Association, provided that the adjustment shall not be inconsistent with this
Memorandum of Understanding, and further provided that the Association's President shall be
given an opportunity to be present at such adjustment.
4.7 Whenever the term work day or working day is used in this article, it shall mean any
day that City Hall is open to the public.
ARTICLE 5: SAFETY
5.1 The City Council desires to maintain a safe place of employment for City employees
and to that end City management shall make all reasonable provisions necessary for the safety of
employees in the performance of their work.
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5.2 Regular meetings will be held on all jobs to plan the job and emphasize safety in its
performance.
5.3 Regular safety meetings will be held once every two (2) months for the purpose of
reviewing accidents and preventing their recurrence, eliminating hazardous conditions and
familiarizing employees with safe work procedures and applicable State Safety Orders and for
training in first aid. The Association may request no more than six (6) safety meetings in a calendar
year to discuss unsafe working conditions. The City shall accommodate such requests.
ARTICLE 6: DISABILITY AND UNEMPLOYMENT
6.1 An employee who is absent by reason of industrial disability may be returned to
work by the City and given temporary light duties within the employee's ability to perform, with the
consent of the employee's physician. The duration of any such period of temporary work shall be
determined by the City. Such employee shall be compensated at the then current rate of pay of the
employee's regular classification while engaged in such temporary duties. The City may require an
employee requesting to return to work after an absence caused by disability or illness to submit to a
medical examination by a physician or physicians approved by the City for the purpose of
determining that such employee is physically and mentally fit and able to perform the duties of the
employee's position without hazard to the employee, to the employee's fellow employees or to the
employee's own permanent health.
6.2 Vacation and sick leave shall be accrued and group health and welfare insurance
coverage shall be maintained while a Regular employee is absent from work as a result of a job
related disability and receiving Workers' Compensation temporary disability compensation as set
forth in Section 4850 of the Labor Code of the State of California for the period of such disability,
but not exceeding one (1) year. Employees who are not entitled to the benefits as set forth in
Section 4850 of the Labor Code of the State of California, but who are receiving Workers'
Compensation temporary disability benefits, may, nevertheless, at their option, maintain their group
health and welfare insurance coverage during the period in which they are receiving temporary
disability compensation for up to a maximum of a cumulative total of five (5) years, which includes
one (1) year of 4850 paid time, providing the employee pays his or her share of the monthly
premium to the City of Redding on or before the first day of the month for which the premium is
intended. Holidays which occur during the period for which any employee is receiving temporary
disability compensation shall not be recognized by such employee for compensation purposes.
ARTICLE 7: EMPLOYEE STATUS
7.1 Employees will be designated as Regular or full time temporary depending upon the
purpose for which they are hired and their length of continuous service with the City.
7.2(a) A Regular employee (Status 3) is an employee hired for a full time position that
has been regularly established as an authorized position and is of indeterminate duration. A Regular
employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave
pay, vacation pay, holiday pay, retirement plan participation, health and welfare insurance coverage
and items of a similar nature as the employee becomes eligible. Employees shall serve a
probationary period upon initial appointment as follows:
Lateral Police Officer One Year(12 months)
Entry Level Police Officer One and one-half years(18 months)
Police Recruit While attending Police Academy training.Upon successful completion of
Police Academy training, a Police Recruit will be reclassified to Police
Officer and the employee will, at that time,begin to serve the designated
probationary period for Entry Level Police Officer.
An employee's probationary period shall be extended by the duration of any paid or unpaid
absence of two (2) or more consecutive pay periods.
7.2(b) A probationary period may also be extended at the discretion of City
management for a period not to exceed six (6)months for the purpose of enabling a more extensive
review and evaluation of a probationary employee prior to the employee attaining permanent status.
A probationary employee shall be notified in writing of such an extension not less than ten (10)
working days prior to the expiration of the probationary period.
7.2(c) A Regular City employee who transfers to the Police Department as a sworn
officer will begin a new probationary period as outlined in this section. However, for the purposes
of seniority within the Police Department, seniority will start at the time of appointment. All other
benefits shall be calculated based upon total City time, with the exception of the selection of watch,
days off and vacation scheduling or as otherwise outlined in this Agreement.
7.2(d) Employees serving their initial probationary period shall not be eligible for leave
of absence, funeral leave for non-immediate family members, , or items of
a similar nature.
7.3 A full time temporary (Status 7) employee is defined as an employee hired for
occasional or seasonal work for a period not to exceed six (6)months or one thousand(1,000) hours
per fiscal year, whichever comes first. A full time temporary employee shall receive not less than
the minimum rate for the job but shall not be eligible for sick leave pay, holiday pay, vacation pay,
health and welfare insurance coverage, retirement plan participation or items of a similar nature, nor
shall he accrue seniority or promotion and transfer rights or leave of absence rights. If a full time
temporary employee is reclassified to Regular status, the employee shall serve a new probationary
period as outlined in Article 7.2(a), and shall be credited with all continuous service in determining
eligibility for such benefits as may accrue to the employee in his or her new status.
7.4 All promotional appointments to the classifications of Police Corporal will be
probationary for one full year. If the probationary period is not successfully completed, the person
shall return to the classification from which they were promoted; provided however that such return
rights do not apply to an employee who was discharged for cause while serving a probationary
period. In such case such employee shall have the right to appeal the discharge through the
grievance procedure (Article 4).
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7.5 An employee returning to City service in a position in this unit, who had attained at
least step four of the salary range prior to the period of separation, may be placed at a higher step in
the salary range at the discretion of the Chief of Police.
ARTICLE 8: WAGES AND CLASSIFICATIONS
8.1(a) Employees shall be paid the wage established for their classification. Upon initial
appointment to a classification, an employee shall normally be paid the lowest wage rate for that
classification. An employee may, however, be paid a wage rate above the lowest wage rate if
circumstances justify it. Step increases will be granted as follows: After twenty-six (26) full pay
periods of employment at Salary Step 1 and with an overall satisfactory or above performance
rating, an employee will be advanced to Salary Step 2. After twenty-six (26) full pay periods of
employment at each subsequent salary step with an overall satisfactory or above work performance,
an employee will be advanced to the next higher step. The effective date of promotion to a new
classification or advancement to a higher wage step shall be the first day of the pay period following
qualification for the promotion or advancement to a higher wage step.
8.1(b) Should a Police Officer wish to appeal a denial of a step increase, the officer may
do so by submitting an appeal (1) to the Chief of Police, and if not resolved, (2) to an advisory
committee comprised of two (2) representatives designated by the Association and one (1)
representative designated by Police management. The committee will consider the appeal and make
an advisory recommendation to the City Manager whose decision will be final. Such appeal must
be made within thirty (30) days of the date of denial of the merit increase.
8.2 Wages shall be paid at bi-weekly intervals on Thursdays for a pay period ending
no earlier than the preceding Saturday. If a payday falls on a holiday, payment shall be made on the
preceding workday. All employees hired after March 12, 2006, must make arrangements to have
their pay deposited to a bank account via electronic transfer.
8.3(a) When an employee is temporarily assigned to work in a classification higher than
the employee's regular classification, the employee shall be paid at the rate established for the
higher classification, with a minimum of four (4) hours and time computed to the next full hour,
except when the work is performed outside of the regular work hours and the duration is less than
four (4) hours. When an employee is temporarily assigned to work in a higher classification which
has a wage range overlapping the wage range of the employee's regular classification, the employee
shall be paid at the wage rate of the classification to which the employee is temporarily assigned,
which is next higher to the employee's present wage rate, but not more than the top wage rate of the
temporary classification.
8.3(b) When assigned by the Department a Police Corporal shall be granted a 5%
upgrade when performing higher duties to replace an absent Police Sergeant and when performing
a substantial majority of the Sergeant's duties for a full work day.
8.4 When an employee is temporarily assigned to work in a classification lower than
the employee's regular classification,the rate of pay will not be reduced.
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8.5 Attached hereto and made a part hereof is Exhibits "A" entitled "Schedule of Wage
Rates."
8.6 Attached hereto and made a part hereof is Exhibit"B"entitled"Job Definitions."
8.7(a) Shift differential shall be paid to employees, including those employees assigned to
Police Investigations, for regular hours worked and court duty when at least 50% of the employee's
regularly assigned hours fall within the following shifts:
WATCH HOURS PAY
PERCENTAGE
I(Graveyard) 2030 hours-0630 hours 5%
II(Days) 0600 hours-1600 hours 0
IIIA(Swing) 1400 hours-2400 hours 3.5%
1600 hours-0200 hours 3.5%
IIIB(Swing) 1700 hours-0300 hours 5%
1800 hours-0400 hours 5%
8.7(b) POST and educational incentives shall be paid to those employees who qualify as
follows:
PAY REQUIREMENTS
2.5% Plus$130 Associate of Arts or Science degree,or sixty(60)semester units,or a POST
Intermediate Certificate.
5.0% Plus$130 Bachelor of Arts or Science degree,or one hundred twenty(120)semester
units or a POST Advance Certificate.
* The annual additional educational incentive shall be $130 to be paid in equally divided
installments with the City's regular bi-weekly payroll processing. The additional education
incentive will be added to either the two and one half percent (2 Y2%) or the five percent (5%)
educational incentive; but not both.
8.8 Bilingual pay shall be paid to qualified employees who have been designated by the
Chief of Police,or designee, to utilize bilingual skills(including sign language)as follows:
PAY REQUIREMENTS
2.5% Proficient
5.0% Fluent
The Redding Police Department will designate the languages recognized as eligible for the
incentive pay and will develop revised testing processes. The Chief of Police will determine the
number of employees at the"fluent"level.
8.9 Temporary upgrade pay in the amount of five percent (5%) over base pay shall be
paid to those employees assigned by the Chief of Police, via a Personnel Order, for the time
spent actually performing designated specialty assignment functions. Examples of these
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assignments include the following: crowd control, defensive tactics, bomb disposal, field evidence,
field training officer, hostage negotiator, honor guard, range master, SWAT, armorer, certified
department instructor, i.e., first aid, force options, TASER, etc. Assignments not mentioned above
shall require the advance approval of the Personnel Director.
ARTICLE 9: HOURS AND OVERTIME
9.1 All Regular employees will receive full time employment for each workweek
employed, provided they report for duty and are capable of performing their work. This is not to be
interpreted that the City does not retain the right to lay off or release employees on account of lack
of work or other valid reason at the end of the work week.
9.2 Each employee shall report for work at the employee's regularly established
headquarters and shall return thereto at the conclusion of the day's work and the time spent in
traveling between such headquarters and the job site shall be considered as time worked.
9.3(a) A work week is defined to consist of seven (7) consecutive calendar days, Sunday
through Saturday, and a basic work week is defined to consist of five (5) consecutive workdays
of eight (8)hours each, or four (4) consecutive workdays of ten (10) hours each. The basic work
week may begin on any day of the week or at any hour of the day during the workweek.
Employees will be assigned work schedules consistent with department needs.
9.3(b) Police Officers assigned to Field Operations shall select watch and days off by
seniority with the Department. Effective March 12, 2006, seniority, for the purpose of this Article,
will be defined as time in classification. Police Officers (including former Police Recruits) hired
prior to March 12, 2006, having had their seniority ranking historically established by the
Department, shall not be affected by this change. A list of the names of these employees, including
the employee's established seniority date, is provided in Exhibit "F". Police Corporals shall also
select watch and days off by time in classification. Shift rotation will be scheduled every four (4)
months beginning the first day of the pay period closest to January 1, May 1, and September 1. An
officer will not be permitted to remain on a given shift in excess of sixteen (16)consecutive months.
Police Officers may be assigned to days off and a watch based on Departmental needs and/or
administrative adjustments. As much notice as is practical will be provided when making
assignments based upon Departmental needs and/or administrative adjustments. Any administrative
adjustment in assignment made after completion of a watch sign up shall not give an employee the
right to bump for another watch, a change in days off,or vacation.
(1) Selection of a watch and days off, by Specialists, shall be conducted in the following
manner:
a) K-9 Specialists shall select a watch and days off from those slots which have been
scheduled by the Department based on consecutive seniority as a K-9 Specialist.
No more than one K-9 Specialist shall be on the same watch unless authorized by
the Chief of Police. K-9 Specialists may be assigned to a specific watch and days
off based on Department needs, administrative adjustments, or at the discretion of
the Chief of Police, regardless of the reason.
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b) Traffic Specialists shall select a watch and days off from those slots which have
been scheduled by the Department. Selection shall be based on consecutive
seniority as a Traffic Specialist. Traffic Specialists shall rotate between Watch II
and Watch III as often as is practical.
c) DUI Specialists shall remain on special assigned watches.
d) Other Specialists shall be assigned as determined by the needs of the Department.
9.4 Overtime is defined as:
A Time worked in excess of forty(40)hours in a workweek.
B Time worked in excess of eight (8), nine (9), or ten (10) hours as applicable on a scheduled
workday (the ten hour workday shall apply only to the part of the work force assigned to a four
day, ten hour work week), except when an employee has supervisor approval to work a flexible
schedule pursuant to Article 9.9.
C Time worked on a non-workday.
D Time worked outside of regular hours on a workday.
E Time worked on a holiday.
Overtime shall be computed to the nearest one-quarter(1/4)hour. Time worked as defined in(A)or
(C)above as a result of a shift change shall not be regarded as overtime for compensation purposes.
9.5(a) Overtime compensation shall be paid at a rate equivalent to one and one-half
(1'/2) times the regular rate of pay or, at the employee's option, the employee may elect to receive
compensatory time off (CTO) with pay at the rate of one and one-half (1 ' ) hours off for each
overtime hour worked.
9.5(b) Employees who request CTO with seventy-two (72) hours advance notice will
have their request approved as long as staffing does not drop more than one (1) below established
minimum staffing levels. For CTO requests that would cause staffing to drop more than one (1)
below minimum staffing, it shall be the employee's responsibility to arrange for the employee's
coverage. Requests for CTO without seventy-two (72) hours advance notice shall be considered for
approval, taking into consideration operational needs, and the Supervisor shall have the discretion to
approve or deny such request. A manpower shortage occurring after a request has been approved
shall not cause an approval to be rescinded. Requests for CTO will be granted on a first-come, first-
served basis and shall consist of no more than forty (40)consecutive hours per request.
9.5(c) Other forms of time off, such as injury, illness or vacation, which cause the shift
to be at or below minimum staffing levels, shall not be a consideration when granting CTO. At
least one officer will be allowed to take CTO when staffing is below shift minimum.
9.5(d) The maximum CTO available for any employee at any time shall be limited to
the maximum allowable CTO accumulation pursuant to the Federal Fair Labor Standards Act. In
the event overtime is worked when an employee has the maximum accumulation of CTO, four
hundred eighty(480)hours, the employee shall be paid for the overtime worked as set forth above.
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9.5(e) Employees whose employment with the City is terminated for any reason shall,
at the time of termination, receive any unused CTO previously earned.
9.6(a) If an employee performs overtime work immediately following the end of the
employee's regular shift, the employee shall be paid overtime compensation only for the actual time
worked.
9.6(b) Except in the circumstances outlined below, employees who are required to
report for work on their non-workdays or on holidays they are entitled to have off, or outside of
their regular hours on workdays, shall be paid overtime compensation for the actual time worked,
but in no event for less than three (3)hours' compensation.
9.6(c) Employees who are required to report for court duty on their non-workdays, a
scheduled day off, or on holidays they are entitled to have off shall be paid overtime compensation
for the actual time worked, but in no event for less than four (4) hours' compensation. If an
employee is required to report to court on the same day for the same subpoena following an
appearance on that subpoena prior to 1200 hours the employee will be paid actual overtime worked
for that subsequent appearance in addition to the minimum overtime compensation paid for the
morning appearance. On multiple subpoenas for the same day employees will be allowed only one
minimum overtime claim before 1200 hours and one minimum overtime claim after 1200 hours.
9.6(d) If an employee is called to work one (1) hour or less before the employee's
regular hours were scheduled to begin on a workday and continues to work into the employee's
regular hours, the employee shall be paid overtime compensation only for the actual time worked.
Conversely, if an employee is called in to work more than one (1) hour before the employee's
regular work hours were scheduled to begin, the employee shall receive the minimum overtime
compensation outlined above. Employees who receive a subpoena for a scheduled or normal work
day may be granted that off utilizing CTO, vacation, birthday, or deferred time after the subpoena
has been served. In this case, court appearance during normally scheduled work hours shall be
compensated at straight time and the balance of the employee's shift shall be paid out of the
appropriate paid leave. If the court appearance is subsequently cancelled, leave time only will be
utilized.
9.6(e) Notwithstanding the foregoing, and subject to man-power availability, an
employee who is called for such work outside of the employee's regular work hours on a scheduled
work day, may upon mutual agreement between the shift supervisor and employee, begin and end a
shift early or late.
9.7 Overtime shall be distributed as equally as is practicable among those employees
who are qualified and available and who volunteer for overtime work and the City shall not require
employees who have worked overtime to take equivalent time off during a workday without pay.
9.8 If an employee has received a subpoena for court appearance and the subpoena is
subsequently cancelled, the employee shall receive compensation as outlined in Section 9.6 of this
contract if the City has not made notice of the cancellation available to the employee by 1800 hours
the day preceding the court appearance if such appearance is on the employee's scheduled work
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day, or by 1800 hours two days preceding the court appearance if such appearance is on the
employee's non-workday or on a holiday the employee is entitled to have off.
9.9 Investigations Division.
a. Flexible Work Schedule.
As an exception to Article 9.3(a), employees assigned to the Investigations
Division, with the approval of their supervisor, may opt to work a flexible
work schedule of forty (40) hours in seven (7) calendar days, Sunday
through Saturday.
b. Overtime Calculation.
As an exception to Article 9.4, employees working a flexible work schedule
will be paid overtime for hours worked in excess of forty (40) in a work
week of seven (7) calendar days, Sunday through Saturday. Paid leave shall
count toward the overtime calculation.
9.10 Canine Officers shall be required to spend one-half(' ) hour per day in the routine
care and maintenance of their police dog. Whenever it becomes necessary for the Canine Officer to
perform extraordinary care and maintenance service with their dog, with prior City approval, the
Canine Officer shall receive compensation in addition to the regularly scheduled one-half(' ) hour
per day.
9.11 Assigned motorcycle officers shall be compensated an amount equal to two and
one-half (2 '/) hours of overtime per pay period for the care, cleaning and maintenance of their
assigned motorcycle.
ARTICLE 10: CITY SENIORITY
10.1 Seniority is defined as total length of continuous service with the City. In
determining an employee's seniority, the continuity of this service will be deemed to be broken by
termination of employment by reason of (1) resignation, (2) discharge for cause, (3) layoff, (4)
failure to return immediately on the expiration of a leave of absence or acceptance of other full time
employment while on leave, and (5) absence without pay, without a leave of absence, in excess of
three (3) workdays. Continuity of service will not be broken and seniority will accrue when an
employee is (a) inducted, enlists or is called to active duty in the Armed Forces of the United States
or service in the Merchant Marine or under any Act of Congress which provides that the employee
is entitled to reemployment rights, (b) on duty with the National Guard, (c) absent due to industrial
injury, or(d) on leave of absence. Seniority, as defined in this section, does not apply to preference
for selection of watch, days off, or vacation scheduling.
ARTICLE 11: PROMOTION AND TRANSFER
11.1 All promotions and transfers shall be in accordance with standards and procedures as
determined by the City.
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11.2 Promotional lists will have a minimum life of one year and a maximum life of two
years.
ARTICLE 12: DEMOTION AND LAYOFF
12.1 When it becomes necessary for the City to lay off Regular employees, the City will
give employees involved as much notice as possible, but in no event will such employees receive
less than two (2) weeks' notice of layoff. Where probationary or temporary employees are to be
laid off, no notice of layoff need be given. Within each classification, all employees, other than
Regular employees, shall be laid off prior to Regular employees being laid off. Employees serving
an initial probationary period will be laid off prior to employees who have completed such period.
Regular employees shall be laid off in the reverse order of seniority in the classification with the
least senior employee being laid off first. Whenever two or more Regular employees in the same
class have the same amount of class seniority, ties will be broken by giving greater preference to the
employee with greater department seniority. If the tie is still unresolved, the tie shall be broken by
giving greater preference to the employee with greater City seniority. If the tie is still unresolved,
the tie shall be broken by lot.
12.2 An employee who has been laid off may elect to displace an employee in a lower
paid class in the bargaining unit provided the employee has greater combined seniority than the
employee to be displaced, calculated by adding seniority in the laid-off class to seniority in the
lower-paid class. Whenever an employee demotes to a lower-paid class, the employee shall be
placed on the salary step which has the closest wage rate to the employee's previous wage rate.
12.3 Laid-off employees shall be kept on a reemployment list for a period of two (2)
years from the date of layoff and shall have preferential rehire rights to the class from which the
employee was laid off in the reverse order of layoff. Whenever it becomes necessary for the City to
notify a laid-off-employee of a reemployment opportunity, the City shall do so by use of registered
mail to the employee's last known address as supplied by the employee. Reemployment shall be
based upon the laid-off employee's ability to meet current employment standards. If an employee
does not accept reemployment, the employee's name shall be removed from the reemployment list
and the employee shall no longer have reemployment rights. If a laid-off employee is subsequently
re-hired off a reemployment list into a classification covered under the terms of this Memorandum
of Understanding, the employee's unpaid sick leave balance, original hire date, and vacation accrual
rate will be reinstated.
12.4 Employees who have elected to demote into a lower paying class shall have
preferential promotion rights to the class from which they were demoted in the reverse order of
demotion. If an employee does not accept an offer of promotion to the class from which the
employee was demoted, the employee will lose all preferential rights to re-promotion.
12.5 Sworn departmental management classifications may demote into the bargaining
unit provided the above procedures are complied with.
12.6 In the event of potential layoffs, discussions will occur outside of the meet and
confer process as to early retirement options that may be available.
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ARTICLE 13: LEAVE OF ABSENCE
13.1 Leave of absence may be granted to Regular employees by the City Manager for
urgent and substantial reasons, up to a maximum of one (1) year, providing satisfactory
arrangements can be made to perform the employee's duties without undue interference with the
normal routine of work. Inability to return to work after an employee's sick leave has been
exhausted will be considered as an urgent and substantial reason and in such cases a leave will be
granted.
13.2 A leave of absence will commence on and include the first workday on which the
employee is absent and terminates with and includes the workday preceding the day the employee
returns to work.
13.3 All applications for leave of absence shall be made in writing except when the
employee is unable to do so. The conditions under which an employee will be restored to
employment on the termination of leave of absence shall be clearly stated by the City in conjunction
with the granting of a leave of absence. Upon an employee's return to work after a leave of
absence, the employee will be reinstated to his or her former position and working conditions,
providing that the employee is capable of performing the duties of his or her former position, except
that if there has been a reduction of forces or his or her position has been eliminated during said
leave, the employee will be returned to the position he or she would be in had he or she not been on
a leave of absence.
13.4 An employee's status as a Regular employee will not be impaired by such leave of
absence and the employee's seniority will accrue.
13.5 If an employee fails to return immediately on the expiration of the employee's leave
of absence or if the employee accepts other full time employment while on leave, the employee will
thereby forfeit the leave of absence and terminate his or her employment with the City.
13.6 An employee on a leave of absence as provided herein shall not accrue vacation or
sick leave benefits nor maintain group health and welfare insurance coverage. An employee may,
however, at his or her option and expense, maintain his or her group health and welfare insurance
coverage providing the full monthly premium is received by the City Treasurer on or before the first
day of the month for which the premium is intended. Notwithstanding the above, however, if the
leave of absence is as a result of exhaustion of sick leave benefits, an employee's group health and
welfare insurance may be maintained for up to three (3) calendar months in one twelve month
period on the normal premium-sharing formula, providing the employee pays his or her share of the
premium on a timely basis.
ARTICLE 14: EXPENSES
14.1 Whenever an employee uses the employee's personal automobile for the City's
convenience, the employee will be reimbursed therefor at the same rate per mile as established for
Unrepresented City employees. Whenever an employee is assigned to travel out-of-town, the
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employee may chose to drive a City vehicle in lieu of driving their personal vehicle and receiving a
mileage reimbursement.
14.2 Employees who have a temporary work assignment at such distance that it is
impractical for them to return to their regular place of abode, will be allowed actual personal
expenses for board and lodging for the duration of such assignment, provided they board and lodge
at places approved by the City. The time spent by such employees in traveling to such temporary
assignment at its beginning, to and from home on holidays and weekends and from such temporary
assignment at its conclusion and any reasonable expense incurred thereby will be paid by the City.
14.3 The City and the Union agree to meet during the term of this contract to discuss
expense reimbursements related to travel and training.
ARTICLE 15: SICK LEAVE
15.1 Sick leave with pay shall be accumulated for each Regular employee at the rate of
forty-six thousandths (.046) of an hour for each regular hour worked or on paid leave. (Accrual
rate approximately one (1) day per month, or 3.68 hours per pay period)
15.2 Sick leave shall be allowed for a non-work related absence due to:
A The inability of an employee to be present or perform his or her duties because of personal physical
or mental illness,off duty injury or confinement for medical treatment
B The ability to attend personal medical or dental appointments, which are impractical to schedule
outside of regular working hours.
C The need to be present during childbirth,surgery,critical illness or injury involving members of the
immediate family as defined in 16.1,for up to forty(40)hours per incident.
D For family sick leave up to forty-eight (48) hours per calendar year for members of the immediate
family as defined in 16.1. J
No person will be paid both sick leave and industrial injury leave pursuant to Labor Code Section
4850 on the same day; however, in cases of claimed industrial injuries where the City or its insurer
is denying liability, accumulated sick leave may be used.
15.3 Management may require satisfactory evidence of illness or disability, if an
attendance problem has been identified as defined in the City's Discipline Policy, before payment
for sick leave will be made. The City may also require an employee requesting to return to work
after sick leave or leave of absence for medical or psychiatric reasons to submit to an examination
by a physician or physicians approved by City for the purpose of determining that such employee is
physically or mentally fit and able to perform the duties of his or her former position without hazard
to himself or herself or to his or her fellow employees or to his own permanent health. Such
examination or examinations shall be at the sole expense of the City, and the employee shall be
placed on leave with pay for the purposes of such examination.
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15.4 If a holiday which an employee is entitled to have off with pay occurs on a workday
during the time an employee is absent on sick leave, he shall receive pay for the holiday as such and
it will not be counted as a day of sick leave.
Any employee who, after ten (10) years of continuous service to the City terminates
employment, shall be paid at the employer's regular pay rate for thirty-three and one-third
percent (33 1/3%) of the employee's accumulated sick leave hours. For employees with fifteen
(15) years or more but less than twenty (20) years of continuous service, the percentage set forth
above shall be increased to forty-five percent (45%). For employees with twenty (20) years or
more continuous service, the percentage set forth above shall be increased to sixty percent
(60%).
15.5 Effective January 1, 2013, upon retirement, any sick leave pay out the employee
is eligible to receive will be transferred into the VantageCare Retirement Health Savings Plan on
a pre-tax basis. The sick leave pay out amount will be calculated using the percentage levels
described in Section 15.4 above. However, if the sick leave payout is less than $5,000, then the
Employee is not entitled to participate in the VantageCare Retirement Health Savings Plan and
shall receive a cash payout as described in Section 15.4 above. Any sick leave amount
remaining will be used as service credit toward the employee's retirement benefit through
Ca1PERS,pursuant to the contract between the City of Redding and Ca1PERS.
15.6 In the event an employee exhausts all paid leave as a result of the employee's illness
or injury, and subject to the approval of the employees Department Director, Personnel Director and
the City Manager, such employee may be advanced sick leave from his or her future accruals up to
80 hours per incident. Once the employee returns to duty, sick leave accrual hours will be applied
to the negative sick leave account until it is zero. Should the employee terminate City employment
with a negative sick leave balance appropriate adjustments will be made to final paid leave cash
pay-outs or other City monies owed the employee, if sufficient, otherwise the employee shall
directly reimburse the City for such advance. Such reimbursement will be waived for employees
who are terminally ill or totally disabled(100%).
ARTICLE 16: FUNERAL LEAVE
16.1 Regular employees who are absent from work due to the death of a member of the
employee's "immediate family" shall receive compensation at the regular rate of pay for the time
necessary to be absent from work, but not to exceed forty (40) working hours. "Immediate family"
as used herein includes only employee's spouse, children, grandchildren,brothers, sisters,parents or
grandparents of either spouse or other persons who are living in the employee's immediate
household. The relationships included herein shall apply whether by blood or marriage.
16.2 Regular employees who are absent from work to attend the funeral of a person other
than an immediate family member, who has some reasonable association to the employee (i.e.,
friend or acquaintance) shall give as much advance notice as possible and shall receive
compensation at the regular rate of pay for the time necessary to be absent from work, but not to
exceed one (1) regularly scheduled work day per funeral. A maximum of twenty-four (24) hours
may be utilized for this type of leave in a calendar year.
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16.3 An employee must be in a paid status on both scheduled workdays immediately
adjacent to funeral leave in order to receive pay for such leave.
ARTICLE 17: HOLIDAYS
17.1 Regular employees, may be scheduled to work on the holidays listed below.
Employees will be compensated at the overtime rate of pay for all time worked on such days. For
non-shift employees, the following holidays will require usage of leave accrual balances: New
Year's Day, Thanksgiving Day and Christmas Day. Non-shift employees may choose to work or
use leave accrual balances on any other holiday.
NORMAL SHIFT
HOLIDAYS HOURS
8 9 10
A January 1st X X X
B The third Monday in January,known as Martin Luther King,Jr. Day X X X
C Lincoln Day X X X
D The third Monday in February,known as President's Day X X X
E The last Monday in May,known as Memorial Day X X X
F July 4th X X X
G First Monday in September,known as Labor Day X X X
H The second Monday in October,known as Columbus Day X X X
I November 11th,known as Veteran's Day X X X
3 Thanksgiving X X X
K Friday after Thanksgiving. X X
L The last half of the normal work shift before Christmas. X X
M December 25th X X X
TOTAL HOLIDAY HOURS PER CALENDAR YEAR 100 112.5 110 ,
"X"means the holiday is observed
If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as the
holiday, except by those employees who are regularly scheduled to work on Sunday other than on
an overtime basis. If any of the foregoing holidays fall on a Saturday, the preceding Friday shall be
observed as the holiday, except by those employees who are regularly scheduled to work on
Saturday other than on an overtime basis. Departmental minimum staffing levels on all of the
above listed holidays is required to ensure appropriate public safety services to the citizens of the
City of Redding.
Notwithstanding the foregoing, an employee may take off, with pay, on his or her birthday or
anytime during the pay period in which the birthday occurs, or the birthday may be deferred and
scheduled as vacations are normally scheduled. When an employee works on their birthday, the
employee shall receive pay at the straight time rate. Employees must be in a paid status on both
scheduled workdays immediately adjacent to the day taken as birthday holiday in order to receive
pay for the holiday.
17.2 Pursuant to Article 9.9, employees assigned to the Investigations Division who work a
Flexible Work Schedule may request to adjust their work schedule through their immediate
supervisor during a week which contains a City recognized holiday. Nothing in this section is
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intended to prohibit management rights to decline the request based on the needs of the
department.
ARTICLE 18: VACATIONS
18.1(a) Regular employees of the City shall accrue vacations, based on the length of their
continuous service measured from their date of employment, with pay up to a maximum of 500
hours,for each regular hour worked, or on paid leave, as follows:
ACCRUAL
RATE PER THROUGH APPROXIMATE YEARS OF
HOUR FROM PAY PERIOD ACCRUAL RATE SERVICE
A .039 Date of Employment 104th 2 weeks 1-4
B .058 105th 234th 3 weeks After 4
C .068 235th 364th 3 '/z weeks After 9
D .077 365th 494th 4 weeks After 14
E .087 495th 624th 4 '/ weeks After 19
F .096 625th -- 5 weeks After 24
18.1(b) It is City policy that employees take their normal vacation each year at such time
or times as may be approved by the Department.
18.1(c) In the event of departmental cancellation of a previously scheduled vacation or of
a paid leave of absence due to industrial injury where such employee would exceed the maximum
vacation accrual, the accumulation of vacation hours may exceed the five hundred (500) hour
maximum. In the event of a paid leave of absence due to an illness or injury that is not job related,
the Chief of Police may approve the accumulation of vacation hours in excess of the five hundred
(500) hour maximum. Whenever such excess accruals occur, the employee shall have one year
from the date the vacation was cancelled or from the date the employee returns to work from illness
or injury to utilize the excess accrual. Any excess accrual that remains at the end of such period
shall be forfeited.
18.1(d) A full pay period as used in this Article is defined as one in which the employee
works or is paid for time off for at least half of the regularly scheduled work hours.
18.2 Vacation cannot be accrued while an employee is in a non-pay status.
18.3(a) Vacations will be scheduled throughout the calendar year. Employees with
greater seniority in the classification of Police Officer, will be given preference over those with less
seniority in the selection of a vacation period; provided, however, that if the senior employee splits
his or her vacation by requesting less than a full year's allowance to be scheduled on consecutive
workdays, the employee's preferential rights shall only apply on one period in that calendar year
prior to all other employees being given consideration in the selection of their first choice vacation
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period. Employees hired prior to March 12, 2006, shall not be affected by the above definition
change.
18.3(b) Vacation scheduling shall be completed at the same time as watch signups.
18.3(c) No more than two (2) officers on the same watch, manpower availability
permitting, shall be on vacation at the same time. Notwithstanding the foregoing, however,
manpower availability permitting, Management may, at its own discretion, allow more than two
officers to be on vacation at the same time. Management shall ensure that scheduling and vacation
signups are completed at least two (2) months before the scheduled watch changes. Seniority, for
the purpose of this Article, shall be defined as time in classification.
18.4 The City shall not require an employee to take his or her vacation in lieu of sick
leave or leave of absence on account of illness.
18.5 If a holiday which an employee is entitled to have off with pay occurs on a workday
during the employee's vacation period, such employee will be entitled to an additional day of
vacation and will be compensated for same.
18.6 Employees whose employment with the City is terminated for any reason shall, at
the time of termination, receive pay for any unused vacation period previously earned.
18.7 The City will, at the employee's option, compensate employees for accumulated
vacation during any fiscal year as follows:
MINIMUM ACCRUAL MAXIMUM HOURS PAYABLE
120 40
240 80
360 120
18.8 Whenever any employee has exhausted all paid time off benefits including
advanced sick leave benefits, as a result of non-work related injury or disability, and is not eligible
for long-term disability insurance benefits, other employees may contribute their earned vacation
hours to the disabled employee approved for the vacation donation program. Vacation is donated
and granted on the basis of the dollar value of the donor's base pay rate.
ARTICLE 19: UNIFORMS
19.1 With the exception of newly hired Police Officers, the annual uniform allowance
shall be $900 and will be paid in equally divided installments on a bi-weekly basis with the City's
regular payroll processing. Effective March 12, 2006, new Police Officers will be given the
opportunity to receive the full amount indicated above, spend the full allowance with a City vendor,
or spend a partial amount with a vendor and receive the remaining amount with payroll. All of the
above transactions must be completed prior to the end of the current fiscal year. In July following
the new employee's hire date, regardless of time with the Police Department, the employee will
begin receiving bi-weekly installments with the regular payroll. In addition to the foregoing, those
employees assigned to motorcycle duty shall receive payment for uniforms/safety equipment based
upon a mutually agreed to standard.
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19.2 The City shall pay the reasonable cost of repair or replacement of uniforms, glasses,
watches or other personal property up to three hundred dollars ($300.00) damaged in the course of
employment. Personal property will be limited to items reasonably necessary for the employee to
have while on duty to perform their job function. This provision does not apply to items lost or
damaged as a result of negligence of the employee.
19.3 An approved uniform shirt shall be worn at all times. Sleeve length shall be at the
option of the employee.
19.4 The City retains the right to change uniform standards that would come under the
uniform allowance of 19.1, as long as such change does not result in increased out-of-pocket costs
to the employee.
19.5 All employees are required to possess a Class A dress jacket to wear at ceremonial
functions or at other times deemed appropriate by the Chief of Police.
ARTICLE 20: MISCELLANEOUS
20.1 A Regular employee who is summoned for jury duty and is thus unable to perform
the employee's regular duties will be paid for the time lost at the employee's regular rate of pay. An
employee must be in a paid status on both scheduled workdays immediately adjacent to the jury
duty in order to receive pay for such leave.
20.2 Any employee, at the employee's request, shall be permitted to review the
employee's own personnel file. The file may not, however, be removed from the Personnel
Department.
20.3 Government Code Section 3300, known as the Public Safety Officers Procedural
Bill of Rights, Subsection 3306 states: "A public safety officer shall have 30 days within which to
file a written response to any adverse comment entered in the employee's personnel file. Such
written response shall be attached to, and shall accompany,the adverse comment."
20.4 Employee home addresses and telephone numbers will not be released to anyone
other than authorized City personnel without the permission of the employee.
ARTICLE 21: RETIREMENT PROGRAM
21.1(a)Retirement Plan: All Regular employees are covered by a California Public
Employees' Retirement System (Ca1PERS) program pursuant to an existing contract with the
Public Employees' Retirement System.
a)Tier 1
Regular employees hired prior to September 8, 2012, and those hired after January 1, 2013,
considered to be "Classic CaIPERS Members" due to previous City of Redding employment will
be covered under the three percent (3.0%) at age fifty (50) retirement benefit formula with the 12
highest paid consecutive month's final compensation provision. Employees will be covered by
the Fourth level of 1959 Survivors' Benefit Program (Government Code Section 21574),
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Survivor Continuance allowance; credit for unused sick leave; fifty percent (50%) ordinary
disability benefit and military service credit buy back option. The employee contribution of nine
percent (9%) for Police Sworn and seven percent (7%) for Police Recruits will be paid by
employees through a bi-weekly payroll deduction. The employee contribution of ten and one half
percent (10.5%) effective, June 19, 2016, and twelve percent (12%) effective January 1, 2017, of
pensionable earnings for Police Sworn and eight percent (8%) effective June 19, 2016 for Police
Recruits will be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis.
Regular employees vested in Tier 1 who leave City employment and subsequently are rehired
will be re-employed with Tier 1 status for Ca1PERS benefits.
Employees have agreed to cost sharing of the employer contribution rate in accordance with
Government Code Section 20516 as follows:
Effective for Police Sworn personnel:
• June 19, 2016 contribution rate 1.5%
• January 1, 2017 contribution rate 1.5%
Effective for Police Recruit personnel:
• June 19, 2016 contribution rate 1.0%
b)Tier 2
Regular employees hired between September 8, 2012 and January 1,2013, and those hired after
January 1, 2013, who meet the definition of a "Classic Ca1PERS Member" pursuant to the
California Public Employees' Pension Reform Act of 2013 (PEPRA) but have not been
previously employed by the City of Redding will be covered by the three percent (3%) at age
fifty-five (55) retirement benefit formula with the 36 highest paid consecutive month's final
compensation provision. Employees will be covered by the Fourth level of 1959 Survivors'
Benefit Program (Government Code Section 21574), Survivor Continuance allowance; credit for
unused sick leave; fifty percent (50%) ordinary disability benefit and military service credit buy
back option. The employee contribution of nine percent (9%) for Police Sworn and seven percent
(7%) for Police Recruits will be paid by employees through a bi-weekly payroll deduction. The
employee contribution of ten and one half percent (10.5%) effective June 19, 2016, and twelve
percent (12%) effective January 1, 2017, of pensionable earnings for Police Sworn and eight
percent (8%) effective June 19, 2016 for Police Recruits will be paid by the employee through a
bi-weekly payroll deduction on a pre-tax basis. Regular employees vested in Tier 2 who leave
City employment and subsequently are rehired will be re-employed with Tier 2 status for
Ca1PERS benefits.
Employees have agreed to cost sharing of the employer contribution rate in accordance with
Government Code Section 20516.
Effective for Police Sworn personnel:
• June 19, 2016 contribution rate 1.5%
• January 1, 2017 contribution rate 1.5%
Effective for Police Recruit personnel:
• June 19, 2016 contribution rate 1.0%
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c)Tier 3
Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), regular
employees hired after January 1, 2013, will be covered by the 2.7 percent (2.7%) at age fifty-
seven (57) retirement benefit formula with the 36 highest paid consecutive month's final
compensation provision as a "New Ca1PERS Member" if the employee 1) has not been a
member of a California Public Retirement System, or 2) had prior Ca1PERS/reciprocity service
with a break in service of six months or longer. Employees will be covered by the Fourth level of
1959 Survivors' Benefit Program (Government Code Section 21574), Survivor Continuance
allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit and
military service credit buy back option. Also pursuant to PEPRA, New Ca1PERS Members will
be responsible for paying one-half of the total normal cost rate for the retirement benefit on a bi-
weekly pre-tax basis.
(c) Full-Time Temporary employees not included within Section 21.1 (a), (b), or (c) above shall
be covered by the PARS—457 Plan. Participating employees will pay half of the contribution or
3.75 percent (3.75%) for the benefit through a bi-weekly payroll deduction on a pre-tax basis.
The City will pay the remainder of the contribution or 3.75 percent (3.75).
ARTICLE 22: EMPLOYEE GROUP HEALTH AND WELFARE BENEFIT PROGRAM
22.1 Group Health and Welfare Insurance Coverage: All Regular employees are
eligible to participate in a group health and welfare insurance benefit program, which includes the
medical, prescription, dental, vision, life and long term disability insurance plans, effective the first
day of employment. The City shall pay the cost of the program for both employee and dependents
as indicated below.
(A) Life Insurance: Twice annual salary for employee, $3,000 for employee's
dependents. More specific benefit information is provided in the carrier's booklet. The City will
pay the full cost of the premiums.
(B) The City will offer two health plans, a"Base Plan"and an optional "Premium Plan".
All eligible employees will be enrolled in the "Base Plan" and will have the option on a voluntary
basis to enroll in the "Premium Plan" initially, and during the open enrollment period for each
subsequent calendar year. Changes will be effective at the beginning of the following calendar year.
The City's contribution toward the monthly group health and welfare insurance composite premium
rate shall be ninety percent (90%) and the employee will begin paying ten percent (10%) of the
"Base Plan" rate through a bi-weekly payroll deduction. Employees electing to enroll in the
"Premium Plan" will be responsible for premiums beyond the City's contribution of the "Base
Plan"composite rate. The employee co-share of premium will be recalculated every January 1st to
coincide with the renewal of the City's Group Health Insurance Plan. The City established a
Section 125 Plan effective July 1, 2006, to redirect the portion of the employee's salary to pay, on a
pre-tax basis, the employee's contribution toward the medical, prescription, dental and vision
insurance composite premium rate.
For specifics regarding the City's Group Health and Welfare Benefit "Premium Plan",
refer to the Benefit Summary Plan Description. Specific benefit details of the "Base Plan" will
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be provided to employees during the annual open enrollment period.
In an effort to minimize the impact of annual composite premium increases/decreases
for the employee, the rate change will be limited to a maximum of twelve and one-half percent (12
1/2%) of the "Base Plan" per year (or the actual percent increase in actual costs from the previous
calendar year,whichever is lower). To ensure that the ninety percent/ten percent(90%/10%)ratio is
maintained over time,the following leveling mechanism shall be used:
The Following Rates Are Used For Illustration Purposes Only:
2 0 0 6 / 0 7 2007/08 2008/09 2009/10 2010/11 2011/12
COMPOSITE $1,188 $1,366 $1,503 $1,706 $1,902
RATE =$1,056
If the composite
premium rate change 12'h% 15% 10% 131/2% 11 1/2%
is:
10%_$106 The 121h% 121/2% 12 'h% 12'/% 121/%
change to the
employee's 10%will $119 $134 $151 $170 $191
be:
-2'/z% +1%The City
+2 1/2% pays the
The employee Zero
The City paysadditional 1%
The impact is: No Impact the additional begins paying cost until made Nothing
2'/x%cost until the 2h%to up by the would be due
made up. make up from employee the to the City.
the year before. following year.
In the event the composite premium rate change for the "Base Plan" is less than 121/2%, the
employee's percent of the rate shall be the actual percent change unless costs from the year before
need to be made up. The Association and the City agree that costs not made up prior to the end of
this Agreement shall be subject to meet and confer in the successive Agreement. The City reserves
the right to modify the group insurance composite rate structure to establish classes of coverage and
rates in an effort to create a rate structure more compatible to employee claims experience. The City
and Union agree to meet and confer prior to any changes being made to the group insurance
composite rate structure.
Employees with spousal coverage will be allowed to "opt out" of the City's group health
and welfare insurance coverage (cease paying their share of the premium) January 1, 2012,
Employees "opting out" of the City's group health benefits must provide proof of alternative health
care coverage on an annual basis during the open enrollment period.
The City and the Association recognize that it is the on-going plan of the City that all
bargaining units will have the same group insurance benefits.
(C) Prescription Benefit: Employee co-payments as shown in the following table:
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Proposed Co-Pays
Retail Effective Upon
(34 days'supply) Contract Ratification
Generic $10.00
Brand $50.00
No Generic Available $20.00
Mail(90 days' supply)
Generic $20.00
Brand $100.00
No Generic Available $40.00
Note: Maintenance medications (i.e. a medication taken longer than 60 days) that are filled at the
retail co-pay amount more than twice will be filled at the mail order co-pay amount.
The cost of the Prescription benefit program is outlined under"Health Benefits" above.
(D) Dental Benefits: No deductible and 100% of U.C.R. (90`h percentile) for prevention;
no deductible and 50% up to $2,000 per lifetime per person for orthodontia; $25 deductible and
80% of U.C.R. up to $2,000 per person per year for all other eligible charges. The premium cost of
the Dental benefit program is outlined under "Health Benefits" above. For specifics regarding the
City's Dental Plan,refer to the Benefit Summary Plan Description.
(E) Long Term Disability: The City has agreed to pay an equivalent monthly premium
amount to the Police Association to purchase a long-term disability policy. The Association will
provide a copy of the LTD policy billing to the City on an annual basis, and the City will pay the
monthly amount equal to the premium the City would pay if Association members participated in
the City's long-term disability program for all other eligible employees or the actual amount of the
billing, whichever is the lesser amount. Subject to the approval of the City's current carrier for this
benefit,the Association may elect to be covered by the City's plan.
(F) Vision Benefits: $25 deductible plan, an examination every twelve (12) months,
lenses every twenty-four (24) months, and frames every twenty-four (24) months. The premium
cost of the Vision benefit program is outlined under "Health Benefits" above. For specifics
regarding the City's Vision Plan, refer to the Benefit Summary Plan Description.
Effective September 1, 2011, health benefits not provided by Blue Shield will no longer be
offered.
22.2 "All active employees hired prior to June 26, 2011, who retire from the City and
are eligible for Ca1PERS benefits upon separation of service shall be eligible for the City to pay a
fifty percent (50%) proportionate share of costs of the insurance premium should the retiring
employee elect to participate in the group health, dental and vision plan also made available to
active employees. To initially qualify for the benefit, the employee must go directly from active
status to retiree status with Ca1PERS. To maintain a qualified status and to continue to receive
the benefit, the retired employee must continue the group medical insurance during retirement
without a break in coverage. Payments by the City will be discontinued upon termination of
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group medical insurance coverage by the City retiree or loss of qualified status by the retiree.
Following the death of a retiree, the surviving spouse, if any, may continue the insurance and the
City will continue the benefit on the same terms and conditions for the life of the surviving
spouse. The City will not contribute payments on behalf of any retiree hired prior to June 26,
2011, except as set forth above.
All active employees hired after June 26, 2011, who retire from the City with five (5) or more
years of City service (and eligible for Ca1PERS benefits upon separation of service) shall be
eligible for the City to pay a proportionate share of costs of the "Base Plan" insurance premium
should the retiring employee elect to participate in any group health, dental and vision plan also
made available to active employees. To initially qualify for the benefit, the employee must go
directly from active status to retiree status with Ca1PERS. To maintain a qualified status, and to
continue to receive the benefit, the retired employee must continue the group medical insurance
during retirement without a break in coverage and the retired employee and their covered
spouses who reach Medicare AB eligibility age, must enroll in Medicare. For those retirees who
qualify, the City shall pay a proportionate share of the cost of the "Base Plan" insurance
premiums in accordance with the following formula: 2% for every year of active service with the
City of Redding up to a maximum of 50%. Payments by the City will be discontinued upon
termination of group medical insurance coverage by the City retiree or loss of qualified status by
the retiree. Following the death of a retiree, the surviving spouse, if any, may continue the
insurance and the City will continue the benefit on the same terms and conditions for the life of
the surviving spouse. The City will not contribute payments on behalf of any retiree except as
set forth above. (Employees who retired prior to July 1, 1998, are eligible for health coverage
only.)
Retiring employees who were hired or worked under a different Memorandum of Understanding
(MOU) or City Resolution shall be vested with the greatest retiree premium co-share formula in
effect and for which that employee qualified for during his or her term of employment.
22.3 The City and the Association agree to allow the Association to the Peace Officers
Research Association of California (PORAC) Retiree Medical Reimbursement Trust at the
employees' expense. The bargaining unit will have the right to increase the deduction for the trust
and/or establish a leave separation contribution during the term of the contract, subject to IRS rules.
The purpose of the Trust will be to assist with medical premiums and expenses not covered by the
City's Health and Welfare Benefit program.
22.4 Regular employees are eligible to participate in the City's Deferred
Compensation Plan through voluntary payroll deductions from the employee's pay.
22.5 A release time bank is established. Association members may voluntarily donate
earned leave time, with the exception of sick leave, to the time bank for use by Association officials
while conducting Association business. Donated time will be deducted from the employee's earned
leave.
22.6 The City and the Association agree to meet and discuss during the term of this
Agreement the recommendations of the Health Insurance Task Force.
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22.7 The City will deduct 1% of gross taxable earnings, per pay period, pre-tax, from
each members' compensation and transmit the funds to the VantageCare Retirement Health Saving
Plan (RHS). In addition, any eligible sick leave pay out made upon retirement of RPOA members
will be contributed to the VantageCare RHS per Section 15.5.
22.8 The City and the Union agree to reopen negotiations if any changes to the
Affordable Care Act affect matters within the scope of representation.
ARTICLE 23: TERM
23.1 This Memorandum of Understanding, having taken effect as of July 1, 1974, and
having thereafter been amended, shall continue in full force and effect until the first day of May,
2020-, and thereafter from year to year unless written notice of change or termination shall be given
by either party ninety (90) days prior to the expiration date above or the expiration date of any year
thereafter, except, however, this Memorandum of Understanding shall only become effective with
approval of the City Council of the City of Redding.
23.2 This Memorandum of Understanding shall not be amended or supplemented
except by agreement of the parties hereto,reduced to writing and duly signed by each.
23.3 Any provision of this Memorandum of Understanding which may be in conflict
with any Federal or State law, regulation or executive order shall be suspended and inoperative to
the extent of and for the duration of such conflict; the balance of the Memorandum of
Understanding, however, shall remain in full force and effect.
ARTICLE 24: ENTIRE AGREEMENT
24.1 Except as specifically provided in Article 22 (Term), during the term of this
Memorandum of Understanding the parties expressly waive and relinquish the right to meet and
confer on wages, hours of employment, and terms and conditions of employment, and agree that
neither party shall be obligated to meet and negotiate with respect to any subject or matter whether
referred to or covered in this Memorandum of Understanding or not, even though such subject or
matters may not have been within the knowledge or contemplation of either or both the City or the
Association at the time they met and negotiated on and executed this Memorandum of
Understanding, and even though such subjects or matters were proposed and later withdrawn. Both
parties acknowledge that such waiver and relinquishment as set forth above carries with it the
commensurate prohibition for either party to effect a unilateral change in an employment condition
falling within the scope of negotiations under Government Code Section 3500 et. seq.
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s/Michael Warren /Martin Rauch
Michael Warren Martin Rauch
City Manager President, Peace Officers Association of
Redding
s/Randy Bachman /Steve Allen
Randy Bachman Steve Allen
Administrative Services Director Labor Representative
J Kurt Starman s/Gary Hu es
Kurt Starman Gary Hughes
Deputy City Manager Negotiator
/David E. Tranbe g /Tom Landreth
David E. Tranberg Tom Landreth
Assistant City Attorney Negotiator
J Brenda Sciarra /Aaron Maready
Brenda Sciarra Aaron Maready
Senior Personnel Analyst Negotiator
s/Al Mellon
Al Mellon
Negotiator
s/Rob Peters
Rob Peterson
Negotiator
s/William Schueller
William Schueller
Negotiator
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IN WITNESS WHEREOF, the parties have executed these Amendments to the Memorandum of
Understanding to be effective May 1, 2018.
s/Barry Tippin s/Brian Moore
Barry Tippin Brian Moore
City Manager President, RPOA
s/William Avery s/Dan Thompson
William Avery Dan Thompson
Negotiator Negotiator
s/Sheri DeMaagd s/Brian Berg
Sherri DeMaagd Brian Berg
Assistant City Manager/Personnel Director Negotiator
s/Shawn Avery s/Regan Ortega
Shawn Avery Regan Ortega
Personnel Manager Negotiator
s/Christina Jones s/Gary Meadows
Christina Jones Gary Meadows
Personnel Analyst IlNolunteer Coordinator Negotiator
s/Kurtis Stenderup
Kurtis Stenderup
Negotiator
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