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HomeMy WebLinkAboutReso 99-011 - Approving Provisions of the Memorandum of Understanding entered into between the COR & the Redding Police Managers Association Effective 07-01-98 � �f�' � � � RESOLUTION NO. 99-� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING ENTERED INTO BETWEEN THE CITY OF REDDING AND THE REDDING POLICE MANAGERS ASSOCIATION, EFFECTIVE JULY 1, 1998. WHEREAS,the Redding Police Managers Association 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 de5ignated representatives of the Redding Police Managers Association,as required by the provisions ofthe Meyers-Milias-Brown Act of 1968; and WHEREAS, a copy of the Memorandum of Understanding is attached hereto and made a part hereof 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 July 1, 1998. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council of the City of Redding on the 19th day of January, 1999,by the following vote: AYES: COUNCILMEMBERS: Cibula , Kight , McGeorge , Pol�lmeyer and NOES: COUNCIL MEMBERS: N o n e A n d e r s o n ABSENT: COUNCIL MEMBERS: N o n e ABSTAIN: COUNCIL MEMBERS: N o n e OBERT C. ANDERSON, Mayor ATTEST: FORM APPROVED: . �!/ � ` '�-•��=z�. _/„��; ����� ' _� CONNIE STROHMAY , City Clerk W. LEONARD WINGA,rT , City Attorney `yR �"`� 1 D:\WORK\COLJNCIL�RPMA-MOU.99.res.wpd `l I \ . , �' � , • • R MEMORANDUM OF UNDERSTANDING between THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING and THE DESIGNATED REPRESENTATIVES of the REDDING POLICE MANAGERS ASSOCIATION EXECITTED: January 19, 1999,to be effective July 1, 1998 ' �, � , � • � TABLE OF CONTENTS AR'TICLE l: PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2: RECOG1vI'TION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 3: CITY RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 4: ASSOCIATION RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5: CONCERTED ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 6: ASSOCIA'TION SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 7: GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 8: SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 AR'I'ICLE 9: INDUSTRIAL DISABII.,I'I'Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 10: EMPLOYEE STATUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11: COMPENSATION AND CLASSIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 12: HOURS AND OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 AR'1"ICLE 13: ADMII�TISTRA'I'IVE LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 14: SEI�TIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 15: PROMOTION AND TRANSFER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 16: DEMOTION AND LAYOFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 17: LEAVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 18: EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 19: SICK LEAVE . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 20: F[.JNERAL(BEREAVENIENT)LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 21: HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 22: VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 �. .. • • ' ARTICLE 23: UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 24: CONTINUING EDUCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICI.,E 25: MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 26: GROUP INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 27: RETIREMENT PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 28: 'TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 29: SAVINGS PROVISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICI.,E 30: EFFECT OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 31: ENIERGENCY PROVISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 � ARTICLE 32: ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 EXHIBIT"A"- SCHEDULE OF SALARY RANGES EXHIBIT`B"- JOB DEFINITIONS . � . � � � � ' MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 19th day of January, 1999, 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 Goveinment Code of the State of California), hereina.fter referred to as the City, and the designated representatives of the REDDING POLICE MANAGERS ASSOCIATION(a recognized employee organization as defined in Section 3501(b)ofChapter 10 ofDivision 4 ofTitle 1 ofthe Government Code ofthe State ofCalifornia), hereinafter referred to as Association; WITNESSETH: WHEREAS,the parties hereto desire to facilitate the peaceful adjustment ofdifferences that may from time to time arise between them, to promote harmony and ei�iciency to the end that the City, the Association and the general public may benefit therefrom,and to establish fair and equitable salaries,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, intunidate, restrain, coerce or discriminate against any employee because of race, creed, sex, color or national origin. 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 City employees shall perform loyal and efi'icient 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. 1.5 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 Undersrtand'mg for resolution of disputes between the parties. The Association agrees that it will follow the procedures as set forth in this Memorandum of Understand'mg or the bargaining process rec{uired by the Meyers-Milias-Brown Act and w�l make every effort to persuade its members to aLso use the established procedures,rather than to use any other method or fonun 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 ' ' � • • ' ARTICLE 2: RECOGNITION 2.1 The City recognizes the Association as the"Majority Representative"of all e�nployces of the City Police Department who hold a classification listed on Exlubit "A"of this Memorandum of Understand'mg. 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 Police Managers Association is the established majority representative. ARTICLE 3: CITY RIGHTS � 3.1 Notwithstanding anything to the contrary,the Re�ding Police Managers 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�lustration 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 deterrnination of the size of its worlcing forces;(c)the right to deterrnine the work to be done by employees;(d)the right to change or introduce new or improved operations, methods, means or fac�ities; and (e) the right to hire, classify, schedule, ' promote,derrv�te,hansfer,evaluate,release and lay off em}�loyees and the right to suspend,discipline and discharge employees and otherwise to maintain an orderly, effective and efficient operation; provided, however,that a11 of the foregoing shall be subject to the express and explicit tenns and provisions of this Memorandum of Understanding. ARTICLE 4: ASSOCIATION RIGHTS 4.1 Official representatives of the Associa,tion will be pennitted access to City properiy 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. 4.2 The City and the Association will not interfere with, intimidate, restrain, coerce or discriminate against any em�loyee because of the err�ployee's membership or non-membership in the Association or the em}�loyee's activity on behalf of the Association. 4.3 Any ernployee, at the employee's request, shall be permitted representation by an Association representative on any grievance or disciplinary matter. In particular,the parties aclrnowledge the provisions of Califomia Government Code Section 3300 et. seq. as it exists or may be subsequently amended by the California Legislature. 4.4 Joint Association-Management meetings shall be held as often as agreed upon by the Association and Management. The purpose ofthese meetings shall be to promote harmony and efficiency and to inlprove 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 ofthe Association's Negotiating Cornmittee and the City's Police Chief,the City's Human Resources Manager and such other rnanagement personnel as determined by the Human Resources Manager. The meetings shall be summarized in written minutes. Except that the provisions of this section shall be observed, the meetings shall be self-organizing. 2 . ' � � � • ' ARTICLE 5: CONCERTED ACTIVITIES 5.1 The duties performed by ernployees 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 perfoxmance of their duties for the City during or outside of regular work hours. The Association shall not call upon or authorize err�ployees 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 and in consideration thereof,the City shall not cause any lockout. Those employees who do individually or collectively,partially or totally abstain from the perforn�ance of their duties for the City shall be subject to disciplinary action up to and including discharge from employment without recowse. ARTICLE 6: ASSOCIATION SECURITY 6.1 The City shall deduct from their salaries, the regular membership dues of the employees who are members of the Association and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 11573 of the Government Code of the State of California. 6.2 Deductions shall be made from the second payroll period of each month and a check for the deduction shall be subrrutted to the Redding Police Managers Association within five(5)working days of the date the deductions are withheld from the employee's check. Deductions may include individual insurance and benefit programs. 6.3 The form of check-off authorization shall be approved by both the City and the Association. ARTICLE 7: GRIEVANCE PROCEDURE 7.1 Any grievance which may arise between a Regular employee and the City with respect to the inteipretation or application of any of the terms and conditions of employment,including discharge, demotion or discipline of an individual employee,shall be determined by the provisions of this procedure, except that such matters which are included in the definition of impasse as set forth in Resolution No.4217 are not grievable. Establishment of employee pay schedules are excluded from this procedure. Probationary employees shall not be entitled to invoke the 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 procedure. Every erriployee designated by the City to hear grievances shall have the authority to settle them. Step 1: The initial step in the resolution of a grievance shall be a discussion between the erriployee and the immediate Supervisor directly involved, who will answer within ten(10)days. This step shall be started within thirty(30)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 worldng hours of the employee. Step 2: If a grievance is not resolved in the initial step,the second step shall be the presentation of the grievance,in writing,to the Chief of Police,who will answer, in writing, within ten(10)days. 3 . �. � � • • ' This step sha,ll be taken within ten(10)days of the date of the immediate supervisor's answer to Step One. Step 3: If a grievance is not resolved in the second step,the third step shall be the presentation of the grievance,in writing,to the City's designated labor relations representative,who shall conduct an investigation and attempt to resolve the grievance. If no resolution of the grievance is achieved,the City's designated labor relations representative shall provide the employee with the City's answer to the grievance in writing. This step shall be taken within ten(10)days of the date of the Ctuef of Police's answer to Step Two. Step 4: If the grievance is not resolved in the third step,the fourth step shall be the presentation of the grievance,in writing,to the City Manager or designee,who shall answer,in writing,within ten (10)days. The fourth step sha.11 be taken within ten(10)days of the date of the answer to Step Three. Step 5: If a grievance is not resolved'm the fourth step,the fifth step shall be the refemal of the matter to mediation by either pariy within twenty (20) calendar days of the answer to Step Four. Whenever a grievance is referred to mediation,either the erriployee or the City may request that ' the California State Mediation and Conci7iation Service refer a state mediator. The mediator shall assist the parties in the resolution of the grievance in the same manner as that which is norn�ally used in the mediation of interest disputes. Refemal to Step Six shall not occur until the mediator has released the parties from the mediation process. Step 6: If a grievance is not resolved in the fifth step of this procedure,the sixth step shall be refemal by either the City or the employee to arbitration. The sixth step shall be taken within twenty (20)days of the date of the answer to Step Five. (a) An Arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration. The arbitrator shall be chosen by mutual agreement of the City and employee. In the event that City and the employee or their representative are unable to agree on the selection of an Arbitrator, they shall request the State of California Mediation and Conc�7iation Service to nominate five(5)persons to be the Arbitrator. The City and the employee or their representative each will altemately challenge two(2)of such nominees,the party having the first challenge to be determined by lot. The remaining nominee shall be accepted as the Arbitrator and their compensation and expenses sha,ll be bome equally by the City and the employee. Notwithstanding the foregoing, the City and the employee may, by mutual consent, agree on a single arbitrator to hear grievances, on the same cost sharing basis. The City and the employee shall pay the compensation and expenses of their respective witnesses. At the employee's or their representative's request,the City shall release employees from duty to participate in arbitration proceedings. (b) The Arbitrator shall hold such hearings and shall consider such evidence as to the Arbitrator appears necessary and proper. The decision of the Arbitrator shall be final and binding on City and the employee,provided that such decision does not in any way add to, disregard or modify any of the provisions of City policies, resolutions or ordinances. 4 .' , . • • ' 7.2 Failure by the employee to meet any of the aforementioned time limits as set forth in Steps 1,2,3,4, 5,and 6 w�71 result in forfeiture. If the City fails to answer a grievance on a tunely basis, the grievance may be advanced to the ne�step. Except,however,that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of City policies,practices,resolutions or ordinances,nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 7.3 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 shall be given an opportunity to be present at such adjustment. ARTICLE 8: SAFETY 8.1 The City desires to maintam a safe place of employment for City ernployees and to that end City management shall make all reasonable provisions necessary for the safety of employees in the perforn�a,uce of their work. ARTICLE 9: INDUSTRIAL DISABILITY 9.1 An ernployee 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, pursuant to the City's Modified Duty Policy. 9.2 If a third party is found to be responsble for the employee's industrial injury and the employee recovers a judgment in damages from said third party,then all supplemental benefits received not akeady repaid from the other sources shall be repaid to the City by the employee. 9.3 Vacation and sick leave shall accrue while an em�loyee is absent from work and receiving the supplemental benefits as set forth in Section 4850 of the Labor Code of the State of California. Regular employees while receiving Workers'Compensation temporary disability benefits,may, at their option,maintain their group insurance coverage for up to a maximum of a cumulative total of five (5)yeazs. Holidays which occur during the period for which an employee is receiving temporary disability compensation shall not be recognized for compensation purposes. ARTICLE 10: EMPLOYEE STATUS 10.1 Employees will be designated as Regular or Temporary,depending upon the purpose for which they are hired and their length of continuous service with the City. 10.2 A Regular employee is defined as 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, holida.y pay,retirement plan participation,insurance coverage and items of a similar nature as the employee becomes eligible. 5 . .. ' � � 10.3 A Temporary employee is defined as an employee hired for temporary,occasional or seasonal work for a period not to exceed 1,000 hours in a fiscal year. A Temporary err�ployee shall receive not less than the mmirrnun rate for the job,but shall not be eligible for sick leave pay,holiday pay,vacation pay,or items of a sunilar nature,nor shall the employee be eligible for insurance coverage or retirement plan participation, nor shall the employee accrue seniority,or promotion and transfer rights, or leave of absence rights. If a Temporary employee moves to another status,the employee shall not be credited with the employee's service as a Temporary employee in deterrnining eligibility for benefits. 10.4 Probationary Periods: Regular employees shall serve a probationary period of one(1) year upon initial appointment to each status. Such probationary period is considered to be a continuation of the selection process and employees may be terminated for ernployment or demoted without recourse, pursuant to the grievance procedure. An employee's probationary period shall be extended by the duration of any unpaid absence of ten(10)or more consecutive days. Probationary employees shall be evaluated after six(6)months of service and as often as deterrmned by the employee's Supervisor. The probationary period w�l start over for any employee who transfers to another position during the probationary period. The probationary period may be extended in circumstances where further evaluation of the erriployee is necessary.Temporary employees do not serve a probationary period,as the appointment is temporary by definition and can be terminated at any time. 10.5 Re-employment: With the recommendation of the Chief of Police and approval of the Hurr�vi Resources Manager, a past employee who both passed the probationary period and resigned in good standing may be re-employed within two years of the effective date of resignation, to a vacant position in the same classification. Such re-employment shall, for all purposes,be considered as though it were an original appointment. The reinstated employee shall serve a new probationary period. ARTICLE 1 l: COMPENSATION AND CLASSIFICATIONS 11.1 Consistent with principles of public accountability, employees shall be paid the salary established for their classification. Upon initial appointment to a classification,an employee shall normally be paid the lowest salary rate for that classification. An employee may, however, be paid a salary rate above the lowest salary rate if circumstances justify it. When an employee is appointed to a higher paid classification which has a salary range overlapping the salary range of the employee's previous classification,the employee shall be paid at the salary rate of the classification to which the employee is being appointed,which is at least five percent(5%)more than the employee's present salary rate,but not more than the top salary rate of the classification to which the employee is appointed. 11.2 The effective date of any salary rate shall be the first day of the pay period closest to the anniversary of an employee's employment date, following qualification for the new rate. Upon promotion,Pay-for-Performance evaluations shall be reviewed after every twenty-six(26)full pay periods of employment in the employee's new classification pursuant to the City's Pay-for-Performance Policy. A full pay period as used here�is defined as one in which the employee works or is paid for at least half of the regularly scheduled work hours. 11.3 Salaries shall be paid at bi-weekly intervals on Thiusdays at the end of the employee's work period after 12:00 noon for a pay period ending no earlier than the preceding Saturday. If a pay day falls on a fixed holiday, payments shall be made on the preceding workday. 6 . . ' � � 11.4 When an em}�loyee is ternporazily assigned to work in a lower-paid c]assification than the employee's nom�al classification,the employee's salary will not be reduced. 11.5 Whenever a Regula,r employee is assigned by the City to replace an absent employee in a higher-paid classification and the em�loyee performs a substantial majority(greater than fifty percent (50%)) of the absent ernployee's duties for a full work day, such erriployee shall have their salary rate increased by five percent(5%),but not to exceed the range of the higher class. Approval is required by the Chief of Police. 11.6 When an employee is assigned to fill a vacant position or replace an absent employee in a higher-paid classification and performs a substantial majority(greater than fifty percent(50%))of the duties ofthe higher classification for a period that extends beyond one full pay period,such erriployee shall be temporanly reclassified to the higher position. The employee's salary shall be increased by at least five percent(5%),but not to exceed the top of the range. Chief of Police and Human Resources Manager approvals are required. 11.7 Stuft Dif�erentials: Shift dif�erential shall be paid as follows: Graveyard 5.0 percent Swings 3.5 percent 11.8 POST and educational incentives shall be added to base pay as follows: 2.5% plus $100.00* - AA or AS degree, or sixty (60) semester units, or a POST Intermediate Certificate. 5.0%plus$100.00* -BA or BS degree,or one hundred twenty(120) semester units or a POST Advance Certificate. Effective June 27, 1999, 7.5%plus $100.00* -Master's degree * The annual payment will be paid in the week following the second payciay in July. 11.9 The City Manager may, based upon outstanding job perforn�ance, grant an exempt employee a one time salary increase up to ten percent(10%)above the top of the saluy range for a period not to exceed one(1)year. This one tune increase is not cumulative and the employee would revert to the employee's regular salary rate at the end of the one year period. ARTICLE 12: HOURS AND OVERTIME 12.1 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 workweek. 7 �� �� � � s � 12.2 A workweek is defined to consist of seven (7) consecutive calendar days, Sunday through Saturday,and except as othervvise provided,a basic workweek is normally defined to consist of five(5)consecutive workdays of eight(8)hours each. The basic workweek may begin on any day of the week or at any hour of the day during the workweek. Shift employees may be assigned any hour and/or days of work. The basic workweek indicated above may be modified by mutual agreemeut ofthe City and the affected eYriployee(s)in those situations where such a modification serves the interest of both the City and its employees. 12.3 Exempt employees,who as a result of their exempt status are not eligible for overtirrbe pay or compensatory time off, w�l not have their leave balances(vacation, sick leave, etc.)reduced for absences of less than four hours. Chief of Police approval is required. 12.4 Exem�t employees shall not receive any compensation for overtime work, except for employees who aze eligible to receive one and one-half(1%Z) times their regular pay when assigned to perform mutual aid service on a non-work day or beyond normal work hours. The foregoing provision shall only apply when such mutual aid service is reimbursable through the State of Califomia, Office of Emergency Services. � ARTICLE 13: ADMINISTRATIVE LEAVE 13.1 In recognition of the inapplicab�7ity of additional compensation, specifically overtime and compensatory time off, exempt employees may be eligible for up to forty (40) hours paid administrative leave per calendar year with Chief of Police approval and up to eighty(80) hours paid administrative leave per calendar year with City Manager approval. Administrative leave is granted on the payroll period closest to January 1 and must be used by the end of the last pay period in December of each year or time is forfeited without cornpensation. Employees are to schedule administrative leave in the same manner as vacation with the approval of the Chief of Police. Employees appointed to an exempt position after the first of the year may be granted leave on a prorated basis. Administrative leave balances may be adjusted when employees separate employment prior to the end of the calendar year. ARTICLE 14: SENIORITY 14.1 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)unexcused absence without pay,without a i�ave of absence. Continuity of service will not be broken and seniority w�l 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 Congre.ss which provides that the em�loyee 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'm this section,does not apply to preference for shift scheduling or vacation scheduling. ARTICLE 15: PROMOTION AND TRANSFER 15.1 All promotions and transfers shall be in accordance with standards and procedures as determined by the City. . 8 ' � ' ' � � � 15.2 Promotional appointments w71 be probationary for one(1)full year. If the probationary period is not successfully completed,the employee shall be returned 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. ARTICLE 16: DEMOTION AND LAYOFF 16.1 When it becomes necessary for the City to lay offRegular employees,the City w�71 give employees involved as much notice as possible,but in no event w�71 such employees receive less than two (2) weeks' notice of layoff. Where Temporary employees aze to be laid off, no notice of]ayoff 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 w�l be laid of�prior to err�ployees who have completed such period. Regular employees shall be laid off in the reverse order of seniority m 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 w�71 be broken by giving greater prefi�rrence to the err�loyee 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. 16.2 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 within the salary range for the new class and closest to the employee's previous salary rate. 16.3 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 laiown 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 erriployee 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 terrns of this Memorandum of Understanding,the employee's unpaid sick leave balance, original hire date, and vacation accrual rate will be reinstated. 16.4 Sworn departmental management classifications may demote into the Peace Officers Association of Redding bargaining unit. 16.5 In the event of potential layoffs,discussions w�71 occur outside of the meet and confer process as to early retirement options that may be available. ARTICLE 17: LEAVES 17.1 A leave of absence may be granted to employees by the City Manager for urgent and substantial reasons, up to a maximum of one year, providing satisfactory arrangements can be made to 9 � � ' ' � � ' perform the employee's duries without undue interference with the normal routine of work. Employees in an initial probationary period or Temporary status aze not eligible for leave of absence. 17.1(a) A leave 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 retums to work. 17.1(b) All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under wluch an employee will be restored to employment on the tennination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. An employee is required to submit medical certifications as to the conditions necessitating the leave if the leave is a r�ult of exhaustion of sick leave. If the leave should exceed the initial request,the employee is responsible for reques�ing additional time off and provid'mg current medical certifications and return to work dates. Upon an employee's return to work after a leave of absence,the employee w�l be reinstated to the employee's former position and working conditions, providing that the employee is capable of performing the duties of the erriployee's former position, except that if there has been a reduction of forces or the errrployee's position has been eliminated during said leave,the em}�loyee will be returned to the position the err�ployee would be in, had the employee not been on a leave of absence. ' 17.1(c) An employee's status as a Regular employee will not be impaired by a leave of absence and the em}�loyee's seniority will accrue. 17.1(d) If an employee fails to retum immediately on the expiration of the employee's leave of absence or if the employee accepts other employment without prior City approval while on leave, the erriployee will thereby forfeit the leave of absence and employment with the City may be terminated. 17.1(e) An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group insurance coverage. An employee may, if eligble, maintain group insurance coverage at the employee's expense providing the full monthly premium is received by the City Treasurer 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 insurance may be maintained for up to three(3)calendar months on the normal premium-sharing formula, providing the employee pays the employee's share of the premium on a timely basis. 17.2 Family and medical leave for employees shall be administered in accordance with the provisions of the Federal Family and Medical Leave Act(FMLA),29 USC Section 2601 et seq.,and the provisions of the California Family Rights Act(CFRA),Code of Regulations,Title 2,Division 4,Section 7297.0 et seq., as may be amended from time to time. 17.3 Pregnancy Disability Leave shall be administered in accordance with the provisions of California Code of Regulations, Title 2, Division 4, Section 7291.2 et seq. 17.4 Vacation Donation Program: (A) This program has been established to allow employees to donate accrued vacation hours to an eligible err�loyee in need. The purpose of this program is to provide a means by which the eligible employee may obtain authorized paid time off. Employees eliglble for the program must: 10 ' , , , • • (1) Be a Regular employee already having completed an initial probationary period; (2) Have a verifiable long-term illness or injury(non-work related). For this program, long term is defined a,s no less than four (4) weeks in duration. It is the employee's responsibility to complete and retum a Request for ponation form to the Personnel Division and attach to it a letter from a licensed physician certifying that the employee has a long-term illness or disabling injury of at least a four week duration; (3) Have exhausted all accrued lea.ves,resulting in the erriployee being in an unpaid status if on approved leave; (4) The erriployee is not eligible for long-term disab�ity insurance benefits; (5) Have the concurrence of the Chief of Police and Human Resources Manager. (B) Once an employee is determined eligible, a posting will be distnbuted and use of the donated hours w�l start as soon as possible. Under no circumstances will total elig►bility extend beyond thirteen(13)pay periods. (C) When uti7izing the donation program,recipients shall receive their regular rate of pay, as if being on paid leave status. The benefit shall be payable on regularly scheduled pay days. A minimum of twenty (20) hours per week must be uti7ized when there are available balances. Employees using donated vacation time will not accrue holiday, vacation or sick leave benefits. As with paid leave status, recipients shall continue to be eligible to participate in the group health and related benefits provided by the City. ARTICLE 18: EXPENSES 18.1 Reimbursement for expenses incurred while conducting City business, i.e., traveling to authorized meetings, seminars,training sessions,luncheons and other events approved by the Chief of Police shall be in accorda.nce with the provisions established in the City Council resolution for unrepresented employees. 18.2 The City shall pay the reasonable cost ofrepair or a prorated replacement of uniforms, glasses,watches or other personal property up to three hundred dollars($300.00)damaged in the course of employment. This provision does not apply to items lost or damaged as a result of negligence of the err�loyee. ARTICLE 19: SICK LEAVE 19.1 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.) 19.2 Sick leave shall be allowed for a non-work related absence due to: (a)the inability of an employee to be present or perform the employee's duties because of personal illness,off-duty injury, 11 ' . � � • " or confinement for medical treatmeut;(b)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 i7lness or injury involving members of the immediate family for up to forty (40) hours per incident; (d)fam�y sick leave up to forty(40)hours per calendar year for members of the immediate family. Sick leave to include mental or physical illness. Immediate family as used herein includes only the employee's spouse,children,grandchildren,brothers,sisters,parents or grandparents of spouse or employee,or other persons who are living in the employee's immediate household. 19.3 Managernent may require satisfactory evidence of siclaiess or disabi7ity before payment for sick leave w�71 be made. The City may aLso require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medical examination at City expense by a physician or physicians approved by City for the purpose of determining that such ernployee is fit and able to perform the duties of the employee's former position without hazard to the employee, fellow employees,or the employee's own pern�anent health. 19.4 If an employee is of�on sick leave on a fixed holiday,the holiday credit will be used. However,if an employee is offon sick leave on a floating holiday,sick leave balances w�l be used and the holiday credit w�l be deferred. 19.5 In the event an employee exhausts all paid leave as a result of an�7lness or injury, and subject to the approval of the Chief of Police and Human Resources Manager, such employee may be advanced sick leave from the employee's future accruals up to 80 hours. Once the employee returns to duty,sick leave accrual hours will be applied to the negative sick leave accourrt until it is zero. Should the employee terminate City employment with a negative sick leave balance appropriate adjustments would be made to final paid leave cash pay-outs or other City monies owed the employee. If insufficient funds are due to the er�loyee by the City,the employee shall directly reimburse the City for advanced sick leave in excess of the funds, if any, previously withheld. Such direct reimbursement will be waived for employees who are terrninally ill or totally disabled(100%). 19.6 Any employee who after ten(10)years but less than fifteen(15)years of continuous service to the City terminates employment shall be paid at the employee's regular pay rate for thirty-three and one-third percent (33'/a%) of the employee's accumulated sick leave hours. For employees with fifteen (15) years but less than twenty (20) years of service, the percentage set forth above shall be increased to forty-five percent (45%). For employees with twenty (20) years or more service, the percentage set forth above shall be increased to sixty percent (60%). 19.7 Upon retirement, an employee enrolled in California Public Employee's Retirement System(Ca1PERS) may, elect to receive credit for all or part of any unused/uncompensated sick leave toward the employee's retirement benefit through Ca1PERS,pursuant to the contract between the City of Redd'mg and Ca1PERS. ARTICLE 20: FUNERAL (BEREAVEMENT)LEAVE 20.1 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 familv as used herein includes oniy employee's spouse; children, grandchildren, brothers, sisters, parents, or grandparents of 12 ' ' • � • • " either employee or spouse;or other persons who are living in the employee's irrnnediate household. The relationships included herein shall apply whether by blood or marriage. 20.2 Regular ernployees who are absent from work to attend the funeral of a person other than an immediate family member 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. A maximum of twenty-four(24)hours may be utilized for this type of leave in a calendar year. ARTICLE 21: HOLIDAYS 21.1 Regular employees,except as otherwise provided herein,shall be entitled to have the following holidays off with pay: (a) January 1 st (b) Lincoln Day* (c) The third Monday in February, lrnown as President's Day (d) The last Monday in May, l�own as Memorial Day (e) July 4th � (� First Monday in September,known as Labor Day (g) Employee's Birthday* (h) The second Monday in October,laiown as Columbus Day* (i� November 1 lth, l�own as Veteran's Day* �� Thanksgivuig (k) Friday after Thanksgiving (1) The last four(4) work hours before Christmas (m) December 25 * Observed as floating holidays 21.2 If any of the foregoing holidays falls 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. Employees who are regularly scheduled to work on Sundays shall observe such holidays on Sunday. If any of the foregoing holidays falls 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. Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday. If any of the foregoing holidays falls on any day from Monday through Friday,inclusive,and that day is a regularly scheduled non-workday for an employee,such employee shall be entitled to receive another workday off with pay,to be scheduled in the same manner as vacation days are norn�ally scheduled. 21.3 An employee may observe the employee's birthday holiday on the em}�loyee's birthday or anytime during the pay period in which the birthday occurs, or the holiday may be defened and scheduled as vacations are normally scheduled. Floating holidays shall be scheduled by employees and the employee's supervisors in the same manner as vacations are normally scheduled. When an employee is required to work on a floating holiday the employee shall receive pay at the straight time rate. Employees assigned to work ten(10)hour shifts shall not observe Columbus Day and the last four(4) work hours before Christmas. 13 ' • • � � 21.4 For those eirtployees who are specifically scheduled and required by the Chiefof Police to work on a fixed holiday,that holiday may be deferred at the rate of one and one-half(1%2)hours off for each hour worked. Deferred time shall be scheduled in the same manner as vacation days are normally scheduled. 21.5 An employee must be in a paid status on both workdays immediately adjacent to the holiday in order to receive pay for the holiday. ARTICLE 22: VACATIONS 22.1(a) Regular employees shall accrue vacations with pay up to 500 hours as follows: 22.1(b) At the rate of thirty-nine thousandths(.039)of an hour for each regular hour worked, or on paid leave,from the date of em�loyment through the one hundred fourth(104th)full pay period of employment. (Accrual rate approximately two (2)weeks per year up to four(4)years of service.) 22.1(c) At the rate of fifty-eight thousandths(.058)of an hour for each regular hour worked, or on paid leave, from the one hundred fourth (104th) full pay period through the two hundred thirty- � fourth(234th)full pay period of employment. (Accrual rate approximately three(3)weeks per year after four(4)years of service.) 22.1(d) At the rate of sixty-eight thousandths(.068)of an hour for each regular hour worked, or on paid leave, from the two hundred thirty-fourth(234th) full pay period through the three hundred sixty-fourth(364th)full pay period of ecr�ployment. (Accrual rate approximately three and one-half(3'/�) weeks per year after nine(9)years of service.) 22.1(e) At the rate of seventy-seven thousandths (.077) of an hour for each regular hour worked, or on paid leave, from the three hundred sixty-fourth (364th) full pay period of employment through the four hundred ninety-fourth (494th) full pay period of employment. (Accrual rate approximately four(4)weeks per year after fourteen(14)years of service.) 22.1(fl At the rate of eighty-seven thousandths(.087)of an hour for each regular hour worked, or on paid leave, from the four hundred ninety-fourth(494th) full pay period through the six hundred twenty-fourth(624th)full pay period of employment. (Accrual rate approximately four and one-half(4%Z) weeks per year after nineteen(19)years of service.) 22.1(g) At the rate of ninety-six thousandths(.096)of an hour for each regular hour worked, or on paid leave, from and after the six hundred twenty-fourth(624th) full pay period of employment. (Accrual rate approximately five (5) weeks per year after twenty-four(24)years of service.) 22.1(h) A full pay period as used herein is defined as one in which the employee works or is paid for time of�for at least half of the regularly scheduled work hours. 22.1(i) The City Manager may authorize the accrual of vacation for a new Regular employee at a rate that exceeds the rate prescnbed for the employee's actual years of service. 14 � . „ � � � 22.1�� 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 established vacation maximum. In the event of an absence due to an �lness or injury that is not job related, the Human Resources Manager may approve the accumulation of vacation hours in excess of the established vacation maximum The City Manager may also approve the accumulation of vacation hours in excess of the stated mauimum for other extenuating circumstances. Whenever such excess accruals occur,the employee shall have one year from the date the vacation was canceled or from the date the employee retums to work from�lness or injury to uti7ize the excess accruaL 22.2 It is City policy that employees take their normal vacation each year at such time or times as may be approved by the Department. 22.3 Vacation cannot be accrued wlu7e an employee is in a non-pay status. 22.4 Vacations wi71 be scheduled throughout the calendar year. Employees with greater seniority will be given preference over those with less seniority in the selection of a vacation period, provided,however,that if the senior employee splits the ernployee's 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 period. 22.5 The City shall not require an employee to take vacation in lieu of sick leave or leave of absence on account of illness. 22.6 If an employee is off on vacation on a fixed holiday,the holiday credit w�71 be used. If an employee is off on vacation on a deferred holiday,vacation balances will be used and the holiday credit w�71 be deferred. 22.7 Employees whose employmecrt with the City is tenninated for any reason shall, at the time of separation, receive pay for any unused vacation hours previously earned. 22.8 Whenever an employee has accrued one hundred twenty(120)hours or more vacation allowance,the City vv�71,at the employee's option,compensate the employee for up to foriy(40)hours of accumulated vacation during any fiscal year. Whenever an employee has accrued two hundred forty(240) hours or more of vacation allowance, the City will.,at the employee's option, compensate the employee for up to eighty(80)hours of accumulated vacation during any fiscal year. 22.9 Employees may contnbute their vacation hours to an employee approved for the vacation donation program. Vacation credits are donated and granted on the basis of the dollar value of the vacation credits. See Section regarding Leaves. ARTICLE 23: UNIFORMS 23.1 The uniform allowance shall be paid the week following the second pay day in July of each year and is for the purpose of maintenance and replacement of uniforms for the ensuing fiscal year. The uniform allowance will be$700.00. The allowance is not a reimbursement for the prior year. The first 15 ' ' � � � • ' clothing allowance shall be a prorated amount for that period of time from the employee's date of erriployment to the following July 1. Employees separating employment shall have the uniform allowance advanced for that fiscal year deducted from their final paycheck, except for the prorated amount for that period of time from July 1 to the date of separation, 23.2 The City retains the right to change uniform standards that would come under the uniform allowance, as long as such change does not result in increased out-of-pocket costs to the employee. ARTICLE 24: COr1TINUING EDUCATION 24.1 Eligible City of Redding employees who complete authorized courses taken for credit with a passing grade may,upon application,be reimbursed for the tuition and cost of required textbooks. 24.2 Employees must obtain prior approval from the Chief of Police and the Human Resources Manager. Reimbursement shall be limited to two hundred dollars ($200.00) per course (semester/quarter). � ARTICLE 25: MISCELLANEOUS 25.1 A Regular etr�ployee 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. 25.2 Any err�ployee,at the employee's request,shall be pern�itted to review the employee's own personnel file. The file may not, however,be removed from the Personnel Of�ice. 25.3 Government Code Section 3300,laiown as the Public Safety Ofi'icers Procedural Bill of Rights, Subsection 3306, states: "A public safety of�icer 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." 25.4 Employee home addresses and telephone numbers will not be released to anyone other thau authorized City personnel without the pernvssion of the employee. 25.5 Whenever any employee is subpoenaed to testify in court as a result of the employee's employment and the employee is not an opposing party to the City, the employee shall be paid for all regular time lost. Employees subpoenaed by the Court for matters unrelated to City business must utilize vacation or appropriate leave balances. 25.6 Employees shall be subject to the provisions ofthe Substance Abuse Policy established for the members ofthe Peace Oflicers Association ofRedding,as well as any other City policies regarding drugs and alcohol. 16 , � ' ; . � • ARTICLE 26: GROUP INSURANCE 26.1 Regular employees are eligible to participate in a group insurance benefit program effective the first day of employment. The City shall pay the full cost of the program for both ernployces and dependents. Coverage highlights include: (1) Life Insurance: Twice annual salary for employee,$3,000 for employee's dependents. (2) Health Benefits: $100 deductble per person per yeaa;80°/a payable for first$5,000 of eligible charges,except for hospital charges which are 100%payab1e; 100%thereafter up to one million dollars lifetime limit; professional fees based upon UCR; typical exclusions and limitations. The City w�l pay the cost of the first twelve(12)out-patient visits per calendar year for treahnent related to alcohol or substance abuse and mental health disorders at 100%, with no deductible,and an additional twenty-four(24)visits per calendar yeaz payable at eighty percent (80%) subject to the annual deductble. � (3) Prescription Drug Card: No deductble; a $5.00 employee co-payment for generic prescriptions; an $8.50 employee co-payment for brand name prescriptions; and a provision for mail prescriptions. (4) Dental Benefits: No deduct�ble and 100%of UCR for prevention;no deduchble and . 50%up to$2,000 per lifetime per person for orthodontia;$25 deductible and 80%of UCR up to $2,000 per person per year for all other eligible charges. (5) Long Term Disability: After three (3) months, 60% of employee's salary to a maximum of$5,000 per month integrated with all other income benefits payable to age 65. The City w�71 pay for swom Police management employees the same amount toward long term disability benefits as is paid for miscellaneous erriployees. (6) Vision Care: This plan shall be equivalent to Plan A available from the California Vision Service Plan. This plan has a$25 deductble,provides for an examination every twelve(12)months, lenses every twenty-four(24)months,and frames every twenty- four(24)months. 26.2(b) The City will pay fifty percent(50%)ofthe group medical insurance program premium for each retiree including dependents,if any,presently enrolled and for each retiree in the future who goes directly from active status to retirement and continues the group medical insurance without a break in coverage. Payments lry the City w�l be discontinued upon the death of the retiree or upon termination of group medical insurance coverage. The City will not contnbute payments on behalf of any retiree except as set forth herein, Following the death of a retiree,a surviving spouse may continue the insurance at the spouse's own expense until eligible for other insurance coverage,e.g.,Medicare. Effective July 1, 1998, prospective retiree may continue dental and vision insurance coverage as a package under the fifty percent (50%) cost sharing basis provided the retiree aLso maintains the medical insurance. 17 ' . � • • ARTICLE 27: RETIREMENT PROGRAM 27.1 All Regular employees are covered by the California Public Employees' Retirement System(Ca1PERS)program pursuant to an existing contract. 27.2 City provides the two percent (2%) at age fifty(SO) benefit formula; one (1)year's compensation in formula;fourth leve11959 Survivors Benefits;Survivor Continuance allowance;credit for unused sick leave;fifty percent(50%)ordinary disabi7ity benefit;City pays the employee's contnbution of nine percent(9%);m�7itary service credit buy back oprion;and the value of the employer paid member contnburions(EPMC) shall be reported to PERS as compensation effective June 27, 1999. 27.3 Upon retirecnent and with City approval, employees may choose to have any accrued benefit payout due,all or in part,paid in up to three equal installments in a period not to exceed three(3) calendar years. ARTICLE 28: TERM 28.1 This Memorandum of Understanding, having taken effect as of July 1, 1998, shall � continue in full force and ef�ect until the 31 st day of March,2002,and therea.fter 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. 28.2 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. 283 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 LJnderstand'mg,however,shall remain in full force and effect. ARTICLE 29: SAVINGS PROVISION 29.1 If any provisions of this Memorandum of Understanding are held to be contrary to law by a court of competent jurisdiction,or held to be outside the scope of negotiations, such provisions v�n71 not be deemed valid and subsisting except to the extent peimitted by law, but all other provisions will continue in full force and effect. Whenever any provision of this Memorandum of Understanding is affected as set forth above, either Party may,by giving written notice to the other within thirty(30)days of the courts action, open negotiations on the subject of the affected provisions. ARTICLE 30: EFFECT OF AGREEMENT 30.1 It is understood and agreed that the specific provisions contained in this Memorandum of Understanding shall preva�over City practices and procedures to the extent of a conflict, and that in the absence of specific provisions in this Memorandum of Understanding,such practices and procedures are discretionary. 18 ' ' � - � • ARTICLE 31: EMERGENCY PROVISION 31.1 The City retains the right to amend, m+odify or rescind policies, regulations, and practices referred to in this Memorandum of Understanding in cases of emergency. For the purpose of ttvs Article, an"emergenc}�'is defined as an act of God,war,natural or manrnade disaster, which interferes with the nom�al operations of the City. ARTICLE 32: EN1'IKE AGREEMENT 32.1 Except as specifically provided in Article 28 (Term), during the term of this Memorandum of Understanding the parties expressly waive and relinquish the right to meet and confer on salaries,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 lmowledge 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 can-ies with it the commensurate prolubition 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. 19 . �� �. � � � i • IN WITNESS WHEREOF,the parties have executed these Amendments to the Memorandum of Understanding on the 19th day of January, 1999,to be effective July 1, 1998. Michael Warren Leonard Moty, President City Manager Redding Police Mana,gers Association Randy Bachman Gary Dirks Administrative Services Director Negotiator Gerard Kersten Craig Wooden Support Services Director Negotiator Brenda Sciatra Personnel Analyst II 20 .. '. � �� � � EXHIBIT"A" SCHEDULE OF SALARY RANGES CLASSIFICATION: Effective Date Salary Range 128 Police Lieutenant July 1, 1998 $3,762-$5,936 June 27, 1999 $3,932- $6,203 June 25,2000 $4,128 -$6,513 June 24, 2001 $4,210- $6,643 � 114 Police Captain July 1, 1998 $4,115 -$6,493 June 27, 1999 $4,342-$6,850 June 25,2000 $4,624-$7,295 June 24,2001 $4,693 - $7,404 ' . . . � • � � EXHIBIT`B" JOB DEFINITIONS Police Lieutenant Manage activities of assigned shift,function or activit�;supervise,coordinate,tiain and evaluate assigned staf�enforce City and departmental policies and procedures;provide leadership and motivarion as well as technical guidance; prepare, conduct or monitor a variety of reports, studies, investigations, surveys, grants, etc.; advise supervisor of the activities of assigned shift, function or activit}, serve as liaison or representative to other City departments or outside agencies;assist in the preparation and m�nitoring of the budget;give public presentations;and perform other related duties as assigned. Police Captain Plan,direct and administer the activities of an assigned division of the Police Department;advise Chief of Police on the activities of the division;oversee all aspects of operations of the division;provide leadership and motivation as well as technical guidance;serve as liaison or representative to other City departments or outside agencies;develop long-range goals;assist in the preparation ofthe department budget;develop and monitor the budget of assigned division; prepaze and/or oversee the preparation of complex and comprehensive reports,studies,investigations,surveys,grants,etc.;give public presentations;hire,direct, coordinate, supervise, train and evaluate assigned staff, enforce City and departmental policies and procedures;and perform other related duties as assigned.