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HomeMy WebLinkAboutReso 98-039 - Approve the provisions of the Memorandum of Understanding entered into between the COR and the Peace Officers Association of Redding, EFF 09-20-97 _ � � RESOLUTION NO. 98-� 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 PEACE OFFICERS ASSOCIATION OF REDDING,EFFECTIVE SEPTEMBER 20, 1997. WHEREAS,the Peace Officers Association of Redding 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 the Peace Officers Association of Redding, as required by the provisions of the 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 September 20, 1997. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council of the'I City of Redding on the 7th day of April, 1998, by the following vote: i AYES: COUNCIL MEMBERS:ANDERSON , KEHOE , ?�ICGEORGE , MURRAY NOES: COUNCIL MEMBERS:�oN� ABSENT: COUNCIL MEMBERS:NONE ABSTAIN: COUNCIL MEMBERS:N 0 N E ;,. r � - � �N M Y, a or ATTEST: • _ FORM APPROVED: . L. �.�_,_ � D . . / \ . /� �� � � /st�t,� 'iC. . � ��� r ��_? `. CONNI,�:. STR'.�,�IMAYF�4�ity C�lerk W. LEONARD WINGAT City Attorney D:\W ORK\COUNCIL�RPOA-MOU.97.res.wpd � _ 1 V f���.; v� .v� � � ` MEMORANDUM OF UNDERSTANDING between THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING and THE DESIGNATED REPRESENTATIVES of the PEACE OFFICERS ASSOCIATION OF REDDING EFFECTIVE: July l, 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 I 1, 1983, to be effective July 3, 1983 AMENDED: November 5, 1984, to be cffective November 4, 1984 AMENDED: Apri17, 1987, to be effective July 1, 1986 AMENDED: July 18; 1989, to be effective June 25, 1989 AMENDED: Apri16, 1993, to be effectivc April 6, 1993 AMENDED: June 21, 1994, to be effective June 19, 1994 AMENDED: January 2, 1996, to be effective December 17, 1995 AMENDED: Apri17, 1998, to be effective September 20 1997 � � TABLE OF CONTENTS ARTICLE 1: PREAIVIBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2: RECOGIVITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 3: ASSOCIATION SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 4: GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLES: SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 6: DISABILITY AND UNEMPLOYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 7: EMPLOYEE STATUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 8: WAGES AND CLASSIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 9: HOURS AND OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 10: ADMII�ISTRATIVE LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 11: SEI�tIOR1TY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 12: PROMOTION AND TRANSFER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 13: DEMOTION AND LAYOFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 14: LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 15: EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 16: SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 17: FUNERAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 18: HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 19: VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 20: i1NIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 21: MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . � ARTICLE 22: EMPLOYEE BENEFIT PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 23: TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 24: ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 EXHIBIT "A"- SCHEDULE OF WAGE RATES EXHIBIT "B"- SCHEDLILE OF WAGE RATES EXHIBIT "C" -JOB DEF�IITIONS EXHIBiT "D"- PERFORMANCE STANDARDS EXHIBIT "E"-REIMBURSEMENT OF HIRING AND TRAINING EXPENSES EXHIBIT "F"- SUBSTANCE ABUSE POLICY NOTE: Amendmenls, effective , September 20, 1997 are sltown bv t�nder•lining tlte �zew language and lining out the deleted langttage. � � MEMORANDUM OF UNDERSTANDING THIS MEMORANDiJM OF UNDERSTANDING,made and entered into this 26th day ofJune, 1974, by and between the designated representatives of the CITY OF REDDING (a public agency as defined'm 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 Peace Officers Association of Redding(a recognized employee organization 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 l 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, 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 The duties perfortned 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. 1.5 City employees shall perform loyal and efficient work and service and shall use their influence and best efforts to protect the propertics of the City and its service to the public and shall cooperatc in promoting and advancing the welfare of the City and in preserving the continuity of its service to the public at all times. 1 - � �' 1.6 The City and the Association shall cooperate in promoting l�aimony 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 ofUnderstanding 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. l.7 Notwithstanding anything to the contrary,the Peace Officers Association of Redding 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 Memarandum 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 proceciure. 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 E�chibit "A" and Eachibit `B" 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 Peace Officers Association of Redding is the established majority representative. 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 - � � 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 behaif 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 aclrnowledge 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 sl�all be held as often as agreed upon by the Association and Management. The purpose ofthese meetings shall be to promote harmony and efiiciency and to improve communications between employees and all levels of management. The meeting agenda shall be deternuned 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 Human Resources Mana�er and such other management personnel as detetmined by the Human Resources Mana�er. 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 The City shall deciuct from their wages,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. 3.2 Deductions shall be made from the first and second payroll periods of each month in approximatcly equal amounts and a check for the total deductions shall bc submittcd to the Peace Officee-s Association of Redding within five (5) working days of the date the deductions are withheld fram the employee's check. Deductions may includc individual insurance and benefit programs. 3.3 The form of check-off authorization shall be approved by both the City and the Association. 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 deternuned by the provisions of this article, except that such matters as are included in the definition of impasse as set forth in Resolution No. 4217 are not a grievance. Probationary employees shall not bc 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. 3 � � � 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 ofthe 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. 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 tl�an 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) wark days of receipt by the grievant of the answer in Step One. 4.3.1(b) Step Three: If a�rievance is not resolved in the second step the third step shall be the presentation of the�rievance, in writin�by the Association President or Vice President or representative desi�nated as such bv the�-ievant to the Human Resources Mana�er who Shall answer in writin� within ten(1 Ol work davs. The third step shall be taken within ten(10)work davs of receipt bv the �rievant of the answer in Step Two. � 4.3.1(bc) Step � Four: If a grievance is not resolved in the seearn� third step, the t�ur� fourth step shall be the presentation of the �-ievance, in writing, by the Association President or Vice President or representative designated as such by the grievant to the City Manager or desi�nee(Assistant Ci Mana�er or Deputv Citv Manager), who shall answer, in writing, within ten(10) work days. The thu�fourth step shall be taken within ten(10)work days of receipt by the grievant of the answer in Step �'wa Three. If requested by the grievant, a meeting shall be held between the City Manager or desiQnee - and the grievant prior to the-Eitq ��mager'-s a response. 4.3.2 For matters regarding non-Skclly 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�rievance is not resolved in the initial ste�the second step shall be the presentation of the �n-ievance in writin�b t�he Association President or Vice President or representative desi�nated as such bv the gricvant to the Human Resources Mana�er who shall answer in writin�within 4 - � � ten(1 Ol work davs. The second step shall be taken within ten(10) work davs of the date of the answer in the initial sten. 4.3.2(�c) Step�Three: If a grievance is not resolved in the initi�second step, the� third step shall be the presentation of the grievance in writing by the Association President ar Vice President or representative designated as such by the grievant to the City Manager or desi�nee(Assistant Citv Mana�er or Deput ��City Mana�er), who shall answer in writing within ten (10) work days. The seean�third step shall be taken within ten(10)work days of the date of the answer in the irriti� second step. 4.3.2(ed) Step �hrce Four: If a grievance is not resolved in the seeon� third step, the t� fourth step shall be referral to arbitration. The tivr�fourth step shall be taken within twenty(20) work days of the date of the answer in step t�w8 three. 4.33 Grievances that appeal a disciplinaiy action wherein a pre-discipl'uia.ry 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 agrec 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 cvidence as to the arbitrator appears necessary and proper. The first hearing shall bc 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 (dl, 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. Gricvances settled by forfeiture shall not bind cither party to an interpretation of thi� Memorandum of Understanding, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 5 - � � 4.6 Notwithstanding the aforementioned procedwe,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 employtnent 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. 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 illncss to submit to a medical examination by a physician or physicians approved by the City for the purpose of deternvning 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 employces or to the employee's own permanent health. 6.2 Vacation and sick leave shall be accrued and group 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 ofthe Labor Code ofthe State of California, but who are receiving Workers' Compensation temporary disability benefits, may, nevertheless,at their option,maintain their group 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, 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 intendai. Holidays which occur during the period for 6 - � � 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 Regula , 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 Regular employee is an employee . hired for a full time position that has been regularly established as an authorized position and is of indeterminate duration. A pra�atianaly Re�ular 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, insurance coverage and items of a similar nature as the employee becomes eligibl , , , . Lateral Police Officers shall serve a probationarv period of one (1) year upon initial appointment. Entrv Level Police Officers and Police Recruits shall serve a probationarYperiod of one and one-half(1%2)vears upon initial appointment (includin�time spent classified as a Police Recruit attending the Academv if applicable). � , An employee's probationary period shall be extended by the duration of any unpaid absence of ten (10) or more consecutive workdays. 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. A Regular City employee who transfers to the Police Department as a sworn personnel will begin a new probationary period as outlined in this section. However, for the purposes of seniority within the Police Department, time will start at the time of appointment. All other benefits shall be calculated based upon total City time. Emplovees servin�their initial probationarv period shall not be eli�ible for leave of absence funeral leave for non-immediate familv membcrs, educational incentive pav, or items of a similar nature. 7.�3 A full time temporary employee is defined as an employee hired for occasional or seasonal work for a period not to exceed six(6) months. 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, 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 pra�ianarq Re lar status, the employee shall be credited with all continuous service in deternuning eligibility for such benefits as may accrue to the employee in his or her new status. Upon completion of six(6)months of continuous service with the City, a full time temporary employee shall be given the status of a pra�tiolrarq Reg zlar employee. 7 � s � 7.�4 All promotional appointments to the classifications of Police Corporal and Police Sergeant 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 in servin�a probationary st�tus ep riod. In such case such employee shall have the right to appeal the discharge through the grievance procedwe (Article 4). 7.fr� 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 hi�her tke�ti� 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 norma,lly 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 thirteetr(�-3-3 twentv-six(26) full pay periods of employment at Salary Step 1 and with an overall satisfactory or above perforn�ance 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 Of�icer wish to appeal a denial of a step increase, the of�icer may do so by submitting an appeal(1) to the Chief of Police, and if not resolved, (2) to an advisory corrunittee compriseci 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. 8.1(c) Effective March 22, 1998, employees holdin�a classification on Exhibit `B" shall be paid a salarv based upon their work performance,pursuant to Policies and Procedures established bv the Citv, which will be aciministered in as equitable a manncr as is practicable. Upon implementation, the initial compensation placement within the established range shall be as follows: For those emplovees who became a Police Ser�eant in 1994, or after, the monthlv salarv shall be $4,696 and for those emqlovees who became a Police Ser�eant prior to 1994,the initial monthlv salarY shall bc$4,909. Emplovees shall be evaluated on anniversarv date. The first pav-for-performance adiustment will be pro-rated for the time elapsed between March 22, 1998, and anniversarv date. 8.1(d) Upon initial appointment to a classification on Exhibit`B,"an emplovee shall normally be paid the lowest compensation rate for that classification. An employee mav, however, be paid a comnensation rate above the lowest compensation rate if circumstances iustifv it. The effective date of hi�her compensation rate shall be the first dav of the pav neriod closest to the anniversarv of the employment date. � _ � � 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 pay day falls on a holiday, payment shall be made on the preceding workday. 8.3 When an employee is temporarily assigned to wark 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 miniinum of four(4)hours and time computed to the ne�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�a) A Police Corporal shall be eranted a 5%up�rade when perfornun�hi�her duties due to an e�ended absence of a Police Ser�eant after the first full pav period. 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. 8.5 For purposes of wage rate progression in a temporary classification,the time worked by an employee in other than the employee's regular classification shall also be accrued in such temporary classification. 8.6(a) Attached hereto and made a part hereof are Exhibits "A"; and "B"art�"E" entitled "Schedule of Wage Rates" and "Schedule of Exempt Classifications and Salarv Ran�es" 8.7 Attached hereto and made a part hereof is Exhibit "D"entitled "Job Definitions." 8.8(a) Effective ��lq-�8� March 22, 1998, shift differential shall be paid to emplovees, includin�those emplovees assi�ned to Police Investi�ations as follows: Watch I (Graveyard) 2-1-030 hours-0�630 hours $�5 1.00 per hour Watch ll (Days) 0�600 hours-1�600 hours $ .00 per hour Watch IIIA(Swings) 1400 hours-2400 hours $ .�60 per hour 1600 hours-0200 hours $ .�60 per hour Watch IIIB (Swings) 1700 hours-0300 hours $� 1.00 per hour 1800 hours-0400 hours $ � 1.00 per hour 8.8(b) Effective June 25, 1989, POST and educational incentives shall be added to the base pay of those Regular employees who qualify 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 huncired twenty (120) semester units or a POST Advanced Certificate. 9 - � � *The annual$100.00 additional educational incentive to be effective June 19, 1994,will be added to either the two and one halfpercent(2 1/2%)or the five percent(5%)educational incentive;but not both. The mitial eligibility for the annual$100.00 will be paid on the next scheduled payment date. The annual payment will be on a separate check and paid during the second pay period in July. 8.8(c) Dates stated regarding the beginning date of compensation elements are approximate. They will actually begin on the beginning day of a pay period closest to the stated date of beginning. ARTICLE 9: HOURS AND OVERTIME 9.1 All Regular employees will receive full time employment for each work week 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 5hall 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 work week. 9.3(b) Police Officers assigned to field operations shall select watch and days offby seniority with the Department,except as otherwise provided herein. Shift rotation will be scheduled every four(4) months beginning the first day of the pay perioci closes�t to January l,May 1 and September 1. An officer will not be permitted to remain on a given shift in excess of twelve (12) 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 anci/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 Spccialists shall select a watch and days off based on seniority with the Department. No more than one K-9 Specialist shall be on the same watch unless authorized by the Chief of Police. 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 ancl Watch III as often as is practical. 10 - � � c. DUI Specialists shall remain on special assigned watches. d. Other Specialists shall be assigned as deternlined by the needs of the Department. 9.4 Except for those employees holdin� classifications listed on Exhibit `B", overtime is defined as (a) time worked in excess of forty(40) hours in a work week, (b) time worked in excess of eight(8)hours 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), (c) time worked on a non-workday, (d) time worked outside of regular hours on a workday, and (e) time worked on a holiday. Overtime shall be computed to the nearest one-quarter(]/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 Overtime compensation shall be paid at a rate equivalent to one and one-half(1 1/2) times the regular rate of pay or,at the employee's option,the employee may elect to receive time offwith pay at the rate of one and one-half(1 1/2)hours off for each overtime hour worked. Compensatory time offwith pay shall be scheduled in the same manner as vacations are normally scheduled. The maximum compensatory time off 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 compensatory time off,four hundred eighty(480) hours, the employee shall be paid for the overtime worked as set forth above. Employees whose employment with the City is terminated for any reason shall,at the time of termination,receive any unused compensatory time off previously earned. 9.6 Effective June 24, 1990, 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. Employees who are required to report for court duty on their non-workdays 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 employec is requircd 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 workcd 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. 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. 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. If an employce performs overtime work immediately following the end ofthe employee's regular shift, the employee shall be paid overtime compensation only for the actual time worked. 11 � � � 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 Effective June 24, 1990,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 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(1/2) hour per day in the routine care and maintenance of their police dog. Whenever it becomes necessary for the Canine Of�'icer 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(1/2) hour per day. ARTICLE 10: ADMII�TISTRATIVE LEAVE 10.1 With Citv Mana�er approval, the Policc Chief mav �'ant employees holdin� a classification on Exhibit `B"up to fortv(40) hours paid administrative leave per calendar vear, provided the employee commits to work a minimum of forty(40) hours per vear bevond reQular work hours. 10.2 The Citv Mana�er mav�c'ant up to an additional forty(40) hours�aid administrative leave per calendar vear to certain employees holdin� a classification on Exhibit `B" who commit a si�nificant number of work hours above re�ular work hours to a specific project or proiects, or to reco�,mize outstanding contributions to the Citv_. 10.3 Administrative leave, if anv, will be�ranted effective on the first dav of the pav period closest to Januarv 1 each year and must be used before the end of the calendar vear. No administrative leave shall be carried over to the ne�calendar vear,nor shall unused adininistrative leave be converted to 12 - � � compensation. Newlv hired emplovees mav receive a prorated amount of leave for the first calendar vear. Leave advance for the calendar vear will be adiusted if the emplovee separates emplovment prior to the end of the calendar vear. ARTICLE 1 l: SENIORITY 11.1 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 terniination 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 five (5) 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 far shift scheduling or vacarion scheduling. ARTICLE 12: PROMOTION AND TRANSFER 12.1 All promotions and transfers shall be in accardance with standards and procedures as determined by the City. ARTICLE 13: DEMOTION AND LAYOFF 13.1 When it becomes necessary for the City to lay off Regular employees, the City will give employees involved as much notice as possiblc, 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 layoffneed be given. Within each classification,all ernployees,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 offin 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 b� broken by giving greater prefercnce to the employee with greater City seniority. If the tie is still unresolved, the tie shall be broken by lot. 13.2 An employee who has been laid offmay 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. 13.3 Laid-off employees shall bc kept on a reemployment list for a period of two (2)years from the date of layoff, and shall l�ave preferential rehire rights to the class from which the employee was laid off in the reverse order of layof� Whenever it becomes necessary for the City to notify a laid-off- 13 - � � 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 rerrioved 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 ofthis Memorandum ofUnderstanding,the employee's unpaid sick leave balance, original hire date, and vacation accrual rate will be reinstated. 13.4 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. 13.5 Sworn departmental management classifications may demote into the bargaining unit provided the above procedures are complied with. 13.6 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. ARTICLE 14: LEAVE OF ABSENCE 14.1 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. 14.2 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. 143 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,providmg that the employee is capable of performing the dutics 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 bcen on a leave of absence. � 14.4 An employee's status as a Regular employee will not be impaired by such leave of absence and the employee's seniority will accrue. 14.5 If an employee fails to return unmediately on the expiration ofthe 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 terminatc his or her employment with the City. 14 - � � 14.6 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, however, at his or her option and expense,maintain his or her group insurance coverage providing the full monthly premium is received in�the ' City Treasurer on ar 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 e�austion 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 his or her share of the premium on a timely basis. ARTICLE 15: EXPENSES 15.1 Whenever an employee uses his or her personal automobile for the City's convenience, he will be reimbursed therefor at the same rate per mile as established for non-represented City employees. 15.2 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 begintung, 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. ARTICLE 16: SICK LEAVE 16.1 Sick leave with pay shall be accumulated for each Regular�rr�-probatiotrniy employee at the rate of forty-six thousandths (.046) of an hour for each regular hour worked or on paid leave. (Accrual rate approxirriately one (1)day per month.) 16.2 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)personal medical or dental appointments which are impractical to schedule outside ofregular working hours;and (c)thc 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. No person will be paid both sick leave and indusfial 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 lcave may be used. 163 Management may require satisfactory evidence of illness or disability 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 far medical or psychiatric reasons to submit to an examination by a physician or physicians approved by City far the purpose of detennining 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. 15 � � � 16.4 If a holiday which an employee is entitled to have off with pay occurs on a warkday 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. 16.5 Any employee who, after ten(10)years of service to the City terminates employment, shall be paid at the employer's regular pay rate for thirty-tbree and one-third percent (33 1/3%) of the ernployee's accumulated sick leave hours. For employees with fifteen (I S) years or more 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%). An employee may, however, at the employee's option, elect to waive the foregoing benefit and in lieu thereof, receive credit for said unused sick leave toward the employee's retirement benefit through the Public Employees'Retirement System pursuant to the contract between the City of Redding and the Public Employees' Retirement System. 16.6 In the event an employee exhausts all paid leave as a result of�n the emplovee's illness or injury,and subject to the approval ofthe employees Department Director, ' Human Resources Mana�er 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 5ick leave account until it is zero. Should the employee ternunate City employment with a negative sick leave balance appropriate adjustments would be made to final paid leave cash pay-outs ar other City monies owed the employee, if suf�'icient, otherwise the emplovee shall directly reimburse the Citv for such advance. ARTICLE 17: FUNERAL LEAVE l 7.1 Regular q employees who are absent from work due to the death of a member of the employee's "immediate famil}�' 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 famil}�'as used herein includes only employee's spouse, chilciren,grandchildren,brothers,sisters,parents or grandparents of either spouse or other persons who are living in the employee's immediate household. 17.2 Regular employees who are absent from work to attend the fizneral of a person other than an irrunediate family membcr 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. ARTICLE 18: HOLIDAYS 18.1 Regular employees, except as otherwise provided herein, shall be entitled to have the following holidays off with pay: . (a) January 1 st (b) February 12th, known as "Lincoln Day" 16 - � � (c) The third Monday in February (d) The last Monday in May (e) July 4th (fl The first Monday in September (g) Employee's birthday (h) The second Monday in October, known as "Columbus Da}�' (i) November 11 th, known as "Veterans' Day" (j) Thanksgiving * (k) Friday after Thanksgiving * (1) December 24th(four(4) hours) (m) December 25th *Shall not be a holiday for employees assigned to a ten(10) hour workday. 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 othcr 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 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. Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday. If any of the foregoing holidays fall 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 samc manner as vacation days are norn�ally scheduled. Notwithstanding the foregoing, an employee may observe his on c�r birthday holiday on his or her birthday or anytime during the pay period in which the birthday occurs, or the holiday may be deferred and scheduled as vacations are normally scheduled. 18.2 Notwithstanding the foregoing, employees may be scheduled to work on holidays, in which event any such employee will, in addition to the employee's holiday pay, be compensated therefor at the overtime rate of pay for all time worked on such days. An employee may, however, at the employee's option, elect to observe that holiday at another time to be scheduled in the same manner as vacation days are nornlally scheduled, in which event any such employee will only be compensated for time worked on that day at the overtime rate of pay and shall not receive holiday pay for such pay. Those emplovees holdin� classifications listed on Exhibit`B"shall not be compensated at the overtime rate of pay for time worked on a holidav and shall,therefore,observe the holidav at another time to be scheduled in the same manner as vacations are normallv scheduled. 17 _ i • 18.3 If an employee is in a non-pay status on�either workdays immediately adjacent to the holiday, i�e the em�lovee shall not receive pay for the holiday. ARTICLE 19: VACATIONS 19.1(a) Regular employees of the City shall accrue vacations with pay as follows: 19.1(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 employment through the one hundred fourth (104th) full pay period employment. (Accrual rate approximately two (2) weeks per year up to four(4) years of service.) 19.1(c) At the rate of fifly-eight thousandths(.058) of an hour for each regular hour worked or on paid leave from the one hundred fourth (]04th) 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.) 19.1(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 employment. (Accrual rate approximately three and one-half(3 1/2) weeks per year after nine (9)years of service.) 19.1(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 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.) 19.1(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 1/2) weeks per year after(19)years of service.) 19.1(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 appro�cimately five (5) weeks per year after twenty-four(24) years of service.) 19.1(h) Effective July l, 1990,the ma�cimwn vacation time which can be accrued by a Regular employee is five hundred (500) hours. 19.1(i) Effective July 1, 1989, for one time only,vacation hours accumulated in excess of five hundred (500) hours will be retained in a separate time bank to be used by the employee in the same manner as regular vacation time. Vacation hours retained in the time bank will not be lost upon effective date of the vacation maximum. On July l, 1990, earned vacation hours in excess of the five hundred (500)hours maximum will not be accumulated. Between July 1, 1989 and July 1, 1990, employees who are at the five hundred (500) hour maxirrium should endeavor to reduce their vacation balance by an amount greater than their annual vacation accrual. For such employees, during the above dates, used 18 - � � vacation time and vacation cash outs will be deducted from the employee's regular vacation accrual account. 19.1(j) It is City policy that employees take their normal vacation each year at such time or times as may be approved by the Department. 19.1(k) 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�lness or injury to utilize the excess accrual. Any excess accrual that remains at the end of such period shall be forfeited. 19.1(1) A full pay period as used in this Article is defined as one in which the employee warks or is paid for time off for at least half of the regularly scheduled work hours. 19.2 Vacation cannot be accrued while an employee is in a non-pay status. 19.3 Vacations will be scheduled throughout the calendar year. Employees with greater seniority as a public safety member 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 period. Vacation scheduling shall be completed at the same time as watch signups. 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,Managcment 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. 19.4 The City shall not require an employce to take his or her vacation in lieu of sick leave or leave of absence on account of illness. 19.5 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. 19.6 Employees whose employment with the City is terminateci for any reason shall, at the time of ternlination, receive pav for any unused vacation period previously earned. 19.7 Whenever any employee has accrued one hundred twenty (120) hours or more vacation allowance as set forth in 18.1 (a-h), the City will, at the employee's option, compensate the employee for up to forty (40) hours of accumulated vacation during any fiscal year. Additionally, whenever any employee has accrued two hundred forty(240)hours or more of vacation allowance as set 19 - � . forth in 18.1 (a-h),the City will,at the employee's option,compensate the employee for up to eighty(80) hours of accumulated vacation during any fiscal year. � 19.8 T'here is hereby established a voluntary vacation donation program in which any employee (herein referred to in this policy as the donor) may donate unused vacation hours to another employee (herein referred to in this policy as the recipient); such donation will be made on the basis of value (dollar basis) so that vacation hours from the donor will be converted to dollars and then to the appropriate vacation hour level for the recipient. The recipient will be required to meet the criteria of having e}chausted all paid leave due to injury or illness and not be eli�ible for reeei�ing long term disability benefits. Nor shall such recipient be eligible for this program as a result of a Worker's Compensation injury. Donated hours will be posted on a date of receipt basis until the recipient need is met. Ernployees requesting to take advantage of this program as a recipient will make application on an approved form signed by their Department Director, ' . Human Resources Mana�er, and the City Manager. Employees wishing to donate vacation hours can do so on forms for this use in the Personnel office. All donations will be treated on a confidential basis. ARTICLE 20: LJrTIFORMS 20.1 The uniform allowance shall be paid the week following the second pav da.y 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$700.00. The allowance is not a reimbursement for the prior year. The first clothing allowance shall be a prorated amount for that period of time from the employee's date of employment to the following July 1. Emplovees separatin� emplovment shall have the uniform allowance advanced for that fiscal vear deducted from their final pavcheck, except for the prorated amount for that period of time from July 1 to the date of separation. In addition to the foregoing, those employees assigned to motorcycle duty shall receive payment for unifortns/safety equipment based upon a mutually agreed to standard. 20.2 The City shall pay the reasonable cost of repair or replacement of unifoims, glasses, watches or other personal property up to t�wo three hundred dollars($�300.00)damaged in the course of employment. This provision does not apply to items lost or dama,ged as a result of negligence of the employee. 20.3 An approved uniform shirt shall be worn at all times. Sleeve length shall be at the option of the employee. 20.4 The City retains the right to change uniform standards that would come under the uniform allowance of 19.l, as long as such change does not result in increased out-of-pocket costs to the employee. 20 - � � ARTICLE 21: MISCELLANEOUS 21.1 A Regular�n�atiar�ryemployee who is summoned for jury duty and is thus unable to perform�ar-ker the emplovee's regular duties will be paid for the time lost at i�is the employee's regular rate of pay. 21.2 Any employee,at iu�-ar�rer the employee's request, shall be pernutted to review iiis�r i�er the employee's own personnel file. The file may not,however,be removed from the Personnel Of�ice. 213 Government Code Section 3300,known as the Public Safety Of�'icers 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'm the employee's personnel file. Such written response shall be attached to, and shall accompany, the adverse comment." 21.4 Employee home addresses and telephone numbers will not be released to anyone other than authorized City personnel without the pernussion of the employee. ARTICLE 22: EMPLOYEE BENEFIT PROGRAMS 22.1 Retirement Plan: All Regular employees are covered by a State of California Public Employees'Retirement System program pursuant to an existing contract with the Public Employees' Retirement System. The major features are: two percent (2%) at age fifty (50); normal retirement age fifty(50);one (1)year's compensation in formula; 1959 Survivors Benefits�fourth level, effective as soon as is practicablel; Post-Retirement Survivors allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit; City pays ' he employee's contribution(9%); and military service credit. The City-paid percentage of the employee's normal contribution to the Public Employees'Retirement System is credited to the member's contribution account and will be refunded to the member upon termination if i1e the emplovee withdraws from the retirement system and requests a refund. , , , . , , . Citv shall obtain a PERS actuarial report to determine the cost to the Citv to implement on or about Julv l, 1999, Emplover Paid Member Contribution (EPMC) The actuarial report shall be funushed to the Association for the purpose of determinin�whether to fore�o scheduled�eneral wage increase(s) in lieu of EPMC, eaual to the cost to Citv for implementation, and thus requiring amendments to Exhibits"A"and`B"durin�the term of this Memorandum of Understandin�. The Citv and Association a�ree to meet and confer re�ardin� these amendments. 22.2(a) Group Insurance: All Regular employees are eligible to participate in a group insurance benefit program, effective the first day of employment. T'he City shall pay the full cost of the program for both employee and dependents. The major elements of the group insurance benefit program are: (1) Life Insurance: Twice annual salary for employee, $3,000 for employee's dependents. 21 - � � (2) Health Benefits: $100 deductible per person per year ; 80% payable for first $5,000 of eligible charges, except for hospital charges which are 100% payable; 100% thereafter up to one million dollars lifetime limit; professional fees based upon U.C.R.; normal typical exclusions and limitations. Effective Mav 1. 1998, covera�e will include cancer screenin�with no separate dollar limit,annual phvsical examinations,"well bab�' care, a 30-visit annual limit on chiropractic visits, and accidents paid at normal co-pavment rate; prescription dru� card program with the followin�ior elements:No deductible;a$5.00 emplovee co pavment for e� n�prescriptions; an$8.50 emplovee co-pavment for name brand prescriptions and a lon�term or maintenance dru� mail order plan; and with all prescriptions nreviouslv reimbursable to be covered bv the prescription dru� card. (a) The City may, if practicable, modify the group insurance program set forth above by adding utilization review and by creating preferred provider organization programs which create fmancial incentives for the employee to use such preferred provider services,but do not reduce any current benefit level nor impose any penalty for the employee who chooses not to use a preferred provider's services. (3) Dental Benefits: No deductible and 100% of U.C.R. for prevention; no deductible and 50% up to $1,500 per lifetime per person for orthodontia; $25 deductible and 80% of U.C.R. up to $1,500 per person per year for all other eligible charges. (4) Long Term Disability. The City has agreed to pay an equivalent amount to the Police Association for their long term disability policy as the City would have paid to bring the Police Association members under the City's general long term disability program. (5) Vision Care: Upon the effective date ofthis MOU,the City shall pay for a vision care plan for employees only. On Janua.ry 1, 1990, the City shall, at no cost to the employee, add vision care coverage for dependents. This plan shall be Plan A available from the California Vision Service. This plan is a $25 deductible plan which provides for an examination every twelve (12) months, lenses every twenty-four(24) months, and frames every twenty-four(24) months. 22.2(b) The City will pay fifty percent (50%) of the group medical insurance premium for each retiree and 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. For those emnlovees who retire on or after Julv l, 1998, dental and vision insurance covera�e mav be continued as a packa�e under the fiftv percent(50%)cost sharin basis provided the retiree also maintains the rnedical insurance. Payments by the City will be discontinued upon the death of the retiree or upon termination of group medical insurance coverage. The City will not contribute payments on behalf of any rctiree except as set forth above. Following the death of a retiree the surviving spouse, if any, may continue the insurance at thcir own expense until becoming eligible for participation in any other group 22 - � i insurance program. Notwithstanding the foregoing,the City may increase its contribution to the retirees' group insurance premium or improve Public Employees' Retirement System benefits during the term of this Memorandum of Understanding. 22.2(c) T'he City will ' � pav the cost for the first twelve(12)out- ap tient visits per calendar vear for treatment related to alcohol or substance abuse and af inental and nervous disorders at 100%, with no deductible, and an additiona124 visits per calendar year pavable at 80% subject to the annual deductible. 223 A release time bank is i�ere 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. 22.4 Any employee may volunteer to participate in the Police Department's physical fitness program. 22.5 A retiring employee may choose to have any acerued benefit payout due, all or part, paid in the next calendar year following the date of retirement. 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 nineteenth day of September, 2001, and thereafter from year to year unless written notice of change or tercnination 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 Memorandutn 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 eactent of and for the duration of such conflict;the balance ofthe 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 23 - � � 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. IN WITNESS WHEREOF, the parties have executed these Amendments to the Memorandum of Understanding on the day of , 1998, to be effective September 20, 1997. Michael Warren Richard McCartin City Manager President,Peace Of�'icers Association of Redding Kurt Starman Steve Allen Deputy City Manager Labor Representative Randy Bachman Charles Lebak Administrative Services Director Negotiator Brenda Sciarra Martin Rauch Personnel Analyst II Negotiator Michael Stuf�lebeam Negotiator Patrick Tennant Negotiator 24 - ! i EXHIBIT"A-1" SCHEDULE OF WAGE RATES Effective March 22, 1998 Step -Hourly Pay Rate Step 8 Monthly 1 2 3 4 5 6 7 g Equivalent 659 Canine Of�'icer** 8.16 680 Police Recruit 13.62 660 Police Officer 16.00 16.72 17.51 18.52 19.37 2037 21.37 22.44 3,890 623 Police Court Officer* 23.55 4,082 625 Police Investigator* 24.13 4,183 * 628 School Resource Officer* 21.71 22.92 24.13 4,183 629 Police Corporal 24.67 4,276 * Positions subject to temporary upgrade or temporary reclassification only, and appointments or assignments may be terminated at any time. ** Classification for canine care and maintenance only. For those assignments of ARMOR, SERT, Certified [nstructors, and ID Technicians, a specialty pay of five percent (5%)over base pay will be paid but shall be limitcd to such time as thcy are performing that specific function. � � EXHIBIT"A-2" SCHEDULE OF WAGE RATES Effective September 20, 1998 � Step-Hourly Pay Rate Step 8 Monthly 1 2 3 4 5 6 7 g Equivalent 659 Canine Officer** 8.36 680 Police Recruit 13.96 660 Police Officer 16.40 17.14 17.95 18.98 19.85 20.88 21.90 23.00 3,987 623 Police Court Officer* 24.32 4,215 625 Police Investigator* 24.91 4,318 * 628 School Resource Of�icer* 22.42 23.66 24.91 4,318 629 Police Corporal 25.47 4,415 * Positions subject to temporary upgrade or temporary reclassification only, and appointments ar assignments may be terminated at any time. ** Classification for canine care and maintenance only. For those assignments of ARMOR, SERT, Certified Instructors, and ID Technicians, a specialty pay of five percent (5%)over base pay will be paid but shall be limited to such time as they are performing that specific function. � , EXHIBIT"A-3" SCHEDULE OF WAGE RATES Effective March 21, 1999 Step - Hourly Pay Rate Step 8 Monthly 1 2 3 4 5 6 7 g Equivalent 659 Canine Officer** 8.53 680 Police Recruit 14.24 660 Police Officer 16.73 17.48 18.31 19.36 20.25 21.30 22.34 23.46 4,066 623 Police Court Officer* 24.32 4,215 625 Police Investigator* 24.91 4,318 * 628 School Resource Of�icer* 22.42 23.66 24.91 4,318 629 Police Corporal 25.47 4,415 * Positions subject to temporary upgrade or temporary reclassification only, and appointments or assignments may be ternunated at any time. ** Classification for canine care and maintenance only. For those assignments of ARMOR, SERT, Certified Instructors, and ID Technicians, a specialty pay of five percent (5%)over base pay will be paid but shall be limited to such time as they are performing that specific function. � � EXHIBIT"A-4" SCHEDULE OF WAGE RATES Effective September 19, 1999 Step - Hourly Pay Rate Step 8 Monthly 1 2 3 4 5 6 7 g Equivalent 659 Canine Officer** 8.74 680 Police Recruit 14.60 660 Police Officer 17.15 17.92 18.77 19.84 20.76 21.83 22.90 24.05 4,169 623 Police Court Officer* 25.17 4,363 625 Police Investigator* 25.78 4,469 * 628 School Resource Officer* 23.20 24.49 25.78 4,469 629 Police Corporal 2636 4,569 * Positions subject to temporary upgrade or temporary reclassification only, and appointments or assignments may be terminated at any time. ** Classification for canine care and maintenance only. For those assi�mments of ARMOR, SERT, Certified Instructors, and [D Technicians, a specialty pay of five percent (5%)over base pay will be paid but shall be limited to such time as they are performing that specific function. � � EXHIBIT"A-5" SCHEDULE OF WAGE RATES Effective March 19, 2000 Step- Hourly Pay Rate Step 8 Monthly 1 2 3 4 5 6 7 g Equivalent 659 Canine Officer** 8.91 680 Police Recruit 14.89 660 Police Officer 17.49 18.28 19.15 20.24 21.18 22.27 23.36 24.53 4,252 623 Police Court Officer* 25.17 4,363 625 Police Investigator* 25.78 4,469 * 628 School Resource Officer* 23.20 24.49 25.78 4,469 629 Police Corporal 26.36 4,569 * Positions subject to temporary upgrade or temporary reclassification only, and appointments or assignments may be terminated at any time. ** Classification for canine care and maintenance only. Far those assignments of ARMOR, SERT, Certified Instructors, and ID Technicians, a specialty pay of five percent (5%)over base pay will be paid but shall be limited to such time as they are performing that specific function. � � EXHIBIT"A-6" SCHEDULE OF WAGE RATES Effective September 17, 2000 Step 8 Monthly 1 2 3 4 5 6 7 g Equivalent 659 Canine Officer** 936 680 Police Recruit 15.63 660 Police Of�icer 18.28 19.15 20.24 21.18 22.27 23.36 24.53 25.76 4,465 623 Police Court Officer* 26.43 4,581 625 Police Investigator* 27.07 4,692 * 628 School Resource Ofi'icer* 24.36 25.71 27.07 4,692 629 Police Corporal 27.68 4,798 * Positions subject to temporary upgrade or temporary reclassification only,and appointments or assignments may be terminated at any time. ** Classification for canine care and maintenance only. For those assignments of ARMOR, SERT, Certified Instructors, and ID Technicians, a specialty pay of five percent (5%)over base pay will be paid but shall be limited to such time as they are performing that specific function. � � EXHIBIT`B" SCHEDULE OF EXEMPT CLASSIFICATIONS AND SALARY RANGES CLASSIFICATION: Effective Date Salary Range 203 Police Sergeant March 22, 1998 $4,490 - $5,342 September 20, 1998 $4,636 - $5,516 September 19, 1999 $4,798 - $5,709 September 17, 2000 $5,038 - $5,994 Police Sergeant positions are subject to temporaiy assignments which may be ternunated at any time. For those assignments of ARMOR, SERT, Certified Instructors, and ID Technicians, a specialty pay of five percent(5%)over base pay will be paid but shall be limited to such time as they are performing that specific function. � � EXHIBIT "C" JOB DEFIIVITIONS Police Recruit Under direction, to attend a Peace Officer Standards and Training (P.O.S.T.) certified Police recruit academy; upon graduation from the academy will be sworn in as a full-duty Police Officer; and to do related work as required. Police Of6cer An employee who is engaged in performing all classes of law enforcement work. �Duties include,but are not limited to, trafi'ic law enforcement, regulation enforcement, crime prevention and crime investigation from complaint to final solution of cases within i�is assigned area. In keeping with the concept of career development, as an officer progresses through the various steps ire the emploYee may be assigned increasingly more complex and varied duties in all fields of law enforcement work. �s The emplovee's background of training and experience shall be such as to qualify i�im the emplovee to perform i�is-the duties with skill, ef�'iciency,tact and diplomacy. Corporal Definition: Supervises employees who perform all classes of law enforcement work. Duties include,but are not limited to, planning work, coordinating field activity, counseling, and training of personnel. The employee shall have the personal qualifications of leadership and supervisory ability, knowledge of laws and court procedures,and be familiar with the City's accounting procedures,policies,rules,and regulations. Examples of Duties: 1. Review and approval of police reports 2. Supervision of field operations Measures- Successful and safe operations and quality of unit performance 3. Managing sub-units of field operations Measures- Successful and safe operations and quality of unit performance � � 4. Roll call briefing and coordination of Dispatch Measures- Clear, concise oral communication to officers at roll call and in the field 5. Background, investigations, citizen inquiries and complaints, and personnel inspections Measures-All inquiries, complaints, investigations,and inspections are completed in a professional manner with respect for the integrity of fellow officers and the general public. 6. Performs related duties as required Desirable Qualifications: Knowledge of: Laws and court procedures,be familiar with appropriate policies,rules and regulations of the City of Redding. Ability to: Display a strong sense of command, be decisive and innovative; demonstrate good oral and written communication skills; create and maintain excellent relationships with Department personnel, and other City employees. Education: Candidates shall have met the minimum educational requirements of Police Officer in the City of Redding. Experience: In order to be eligible for promotion to Police Corporal, a candidate shall have served as a peace officer in California for at least five years and shall have served in some capacity as a sworn peace officer with the Redding Police Department for at least two years as of the date of promotion. From the date of announcement of the final list of those eligible for promotion, such list shall be maintained for a period of one year. Police Sergeant An employee who is engaged in the supervision of employees who perform all classes of]aw enforcement work.�is Duties include,but are not limitc;d to,planning work,coordinating field activity and counseling and training of personnel. �e The employee shall have the personal qualifications of leadership and supervisory ability, knowledge of laws and court procedures and be familiar with the City's accounting � procedures, policies and nzles and regulations. � � Requirements: In order to be eligible for promotion to Police Sergeant, a candidate shall have served as a peace officer in California for at least five(5)years and shall have served in some capacity as a sworn peace officer with the Redding Police Department far at least two (2)years as of the date of promotion. From the da.te of announcement of the final list of those eligible for promotion, such list shall be maintained for a period of one(1)year. If this addition to the Sergeant Job Definition is challenged by either federal or state authorities or by any employee or citizen, the Peace Officers Association of Redding agrees to share all costs of defense in such litigation on the basis of share and share alike with the City of Redding, and to participate as co-defenda.nts in case of such litigation. � � EXHIBIT"D" REDDING POLICE DEPARTMENT POLICE OFFICER PERFORMANCE EVALUATION INSTRUCTIONS INTRODUCTION The police officer performance package has been designed to establish clear expectations of work performance. The philosophy behind its development centers around the principle that all employees want to do a good job, but need to know what is e�ected of them to do so. With that goal in mind, performance standards have been drafted descnbing what is expected of the Redding Police Department's Police Oflicers. PERFORMANCE STANDARDS A set of standards has been drafted defining the responsibilities of the police officer. The perfor�nance standards have been drafted as specifically as possible,but obviously not so specifically that they can only apply to one assignment. Regardless of a specific bureau of assignment or job title, certain performance standards are expected to be maintained no matter what the assignment. The performance standards are intended to clearly define these expectations and form the basis from which police ofi'icers' performance will be evaluated. PERFORMANCE EVALUATION The evaluation form used to rate a police officer's performance has been designed to reflect each of the performance standard categories. In each category, a police of�icer can be rated "Exceeds Standards," "Meets Standards,"or`Below Standards" as the case may be. A check mark in the rating which most closely represents an officer's performance in each performance category shall be made. At the top of the first page of the evaluation form,it is important to complete the identifying information requested. RATINGS DEFINED The following descriptions are supplied to clearly define what type of performance is expected to earn a rating in that category: Exceeds Standards: Consistently performs above standards. Meets Standards: Consistently meets the established standard. Below Standards: Results fall short of ineeting job requirements. (Does not meet the standard as noted in the comments section ofthe evaluation and through prior counseling.) � � Examples of performance incidents justifying ratings in each of the rating categories as well as the overall rating shall be listed in the comments section of the evaluation form. COMPENSATION Police officers of this department are paid within a salary range. Upon initial appointment, an employee is normally paid the lowest wage rate for that classification. Those police officers who receive evaluations indicating that they are rated overall "Meets or Exceeds Standards" will be advanced to the next scheduled salary step. Any police officer who is rated as overall "below standards" may be denied a salary step increase. However, there will be no employees "surprised" with a substandard rating, in that a prior counselling session shall have occurred with the police officer describing the deficiency and providing time for correction. (Refer to Standard Performance Policy.) STANDARD PERFORMANCE POLICY Substandard performance hurts the organization by forcing other police officers to cany a greater portion of the day-to-day workload. For these reasons, every attempt will be made to encourage all police officers to perform at a level where all standards are being met and/or exceeded. To this end,two clauses have been added to the evaluation package and apply to all performance standards. A. CLAUSE #1: • If you re not meeting the expectations in the performance element,your supervisor will meet with you and clarify how you are perceived not to be meeting the standard. • If your"below standards" work is critical enough that your rating might be adversely affected, your supervisor will inform you and together a plan will be prepared to correct the deficiency and summarize it in writing. • If you successfully implement the plan to correct performance,you will be rated as satisfactory in this element; if not,you will not get a satisfactory rating in that element. B. CLAUSE #2: • If the plan referenced above becomes attainable, initiate contact with your supervisor to renegotiate. � � Minimum Performance Standards for Field Operations The following minimum performance standards for police officers have been adopted to assist each supervisor in evaluating an employee's effectiveness. There are three objectives for setting these performance standards. 1. The Improvement of Employee Effectiveness- The performance evaluation report will: a. Inform the employee of what is expected of him/her and how well he/she is meeting those expectations. b. Give the employee recognition and reward for good work. c. Measure the employee in terms of job requirements. d. Encourage self-development. 2. The Improvement of Supervisory Effectiveness-The performance evaluation report will: a. Provide far supervision consistency in application of performance standards and evaluation of personnel on all watches. b. Identify the training needs of subordinates in general and individually. c. Provide the supervisor with a continuous record of the employee's job performance history which would enhance the quality of annual performance evaluations. 3. The Improvement of the Personnel Processes-The performance evaluation report will: a. Indicate weaknesses in selection procedures. b. Elevate employee morale by recognition of competent service. c. Help the City and�epartment check on the need for and the reasonableness of established job performance standards. d. Provide a check on the accuracy of job descriptions,classifications,recruitment and selection process. e. Indicate training needs and evaluate the ef�ectiveness of training activities which will demonstrate the need for changes in or the clarification of rules, regulations, policies, and procedures. f. Indicate eligibility for pay step increases. g. Serve as a guide for future personnel actions such as promotions, disciplinary actions, transfers, etc. � � POLICE OFFICER MINIMUM PERFORMANCE STANDARDS I. FIELD ENFORCEMENT • Your level of activity should be comparable to your peers in l�ce conditions,taking into consideration such influences as work schedule including days off, special enforcement activities, training assignments, number of hours actually worked, etc. • Work effort is focused on the watch priorities as identified by the Watch Commander and/or Shift Supervisor. II. REPORTS • Follow agency format and guidelines, see Attachment"A." • Complete Part I felony reports by end of watch unless approved by supervisor. At least 90%of arrest reports and 80%of all other reports must be*useable upon first submittal to Sergeant. This means that no more than 10%of arrest reports and 20%of all other reports can be kicked back because of: a. Incomplete preliminary investigation. b. Spelling, grammar, sentence structure, or legibility. c. Errors, omissions. d. Elements omitted. e. Improper format. This standard applies fo officers who have been released from forn�al FTO Program. *Useable - easily corrected by a supervisor in the time it normally takes to review and not an error outside the officers' control. III. INTERNAL RELATIONS You are expected to conduct your work in a manner which supports the overall group effort. If differences with coworkers and supervisors develop, you are expected to resolve them in a constructive way. � � This means vou are expected to: a. Treat coworkers and supervisors with respect. b. Avoid behavior which disrupts your and other's work. c. Avoid racial,religious, ethnic, sexual slurs, and comments that might offend. d. When differences develop,handle them constructively by actively trying to resolve or negotiate ways to work together harmoniously. IX. EXTERNAL RELATIONS Reco,gni�ing police officers are held to a higher standard of conduct than the average person, you are expected to conduct yourself in a manner likely to foster good citizen relations and support for the agency and not to generate patterns of sustained complaints. This means you are expected to: a. Treat citizens with respect. b. Refuse to accept gratuities. c. Avoid unnecessary profanity, use of racial, religious, ethnic, and se�ual slurs, sarcasm, and derogatory remarks. V. SAFETY You are expected to conduct your work in a manner which is most likely to protect you and others from harm and facilities and equipment from damage. This means vou are expected to: a. Following Department policy and procedures in the use of vehicles and equipment. b. Follow Department policy in the use of firearrns and other defensive weapons. c. Adhere to tactical procedures. d. Follow Department handcuffing procedures. e. Follow Departmental radio communications procedures. � � VI. WORK HABITS AND PROFESSIONAL APPEARANCE You are expected to adhere to a productive wark ethic and present a neat and professional image. This means you will be expected to: a. Report to work on time,airive at the beginning of roll call in uniform,with all necessary equipment ready for duty. b. Be on the street within five minutes after briefing unless approved otherwise by Sergeant. c. Assure Code 7s do not exceed 30 minutes, excluding reasonable travel time after clearance. Coffee breaks(2)are not to exceed 15 minutes each, excluding reasonable travel time after clearance. Code 7 and break locations must be given to dispatch upon arrival. d. Answer your radio when called or dispatch should I�ave your location and status. e. Remain in field until ten minutes before end of shift, but available to end of shift. Exceptions to be cleared with Supervisor. f. Complete assignments and projects by due date or renegotiate with your supervisor in advance. g. Meet or exceed minimum standards of uniform and grooming policy. h. Notify sergeant at the point of shift where overtime is going to be needed. i. Comply with court standby policy. j. Citizen phone calls are to be attempted to be returned as soon as possible. k. Maintain Department-provided mail slots in useable condition. l. Maintain personal area of responsibility in locker room, gym, report room, and squad room in a neat condition. m. Complete accurate time card on time. n. Follow the chain of command. o. Any sick leave used to be for legitimate medical reasons. � � VII. EQUIPMENT USE AND MAINTENANCE You are expected to use and care for Department equipment in a ma.nner most l�cely to ensure good working order and appearance. This means vou will be expected to: a. Keep vehicles free of contraband, evidence, and debris. b. Keep fuel tank no less than one-half full at end of shift. c. Conduct circle checks of vehicle before and after shift and report damage or deficiencies to supervisor on appropriate form. d. Lock vehicle when leaving it in public areas unless of�icer safety dictates otherwise. e. Maintain fireanns in clean,good working condition, and immediately report damage or malfunction to your supervisor. f. Return equipment used to its proper location. g. Report damage to any Departmental equipment while it is in your possession. � � REDDING POLICE DEPARTMENT PART 1 - POLICE OFFICER PERFORMANCE EVALUATION Date of this report Last Name First Name Initial Position For period from to Division Length of service with Department In present position PART 2 PERFORMANCE FACTORS EXCEEDS STANDARDS: Consistently performs beyond established minimum performance standards, and contributes beyond current job responsibilities. Produces results of exceptional quality. Demonstrates unusual talent, ability, or expertise MEETS JOB STANDARDS: Consistently fulfills minimum performance standards. Contributes effectively to City objectives. If new to the job, learning process equals expectations. BELOW STANDARDS: Results fall short of ineeting minimum performance standards. Does not necessarily indicate completely unsatisfactory or unacceptable performance, but addresses a performance area which needs additional attention or effort. If new to the job, further development is needed to consistently meet job requirements. INSTRUCTIONS: Examples of performance incidents justifying ratings in each of the rating categories shall be listed in the comments section of the evaluation form. 1 - Exceeds Standards 3 - Below Standards 2 - Meets Job Standards PART 3 PERFORMANCE STANDARDS PERFORMANCE I. Field Enforcement RATING • Level of activity as compared to peers in like conditions. 1 2 3 • Work effort is focused on the Watch priorities as identified by the 1 2 3 Watch Commander and/or Shift Supervisor. � � COMMENTS II. Reports • Prepared reports follow agency format and guidelines. 1 2 3 • Part I felony reports are completed by the end of Watch unless 1 2 3 approved by a supervisor • At least 90% of arrest reports and 80% of all other reports 1 2 3 prepared are *useable upon first submittal to a Sergeant. *Useable - this means reports that are prepared correctly or easily corrected by a report reviewer in the time it normally takes to review and not an error outside of the officer's control. (This standard applies to oflicers who have been released from formal FTO program) COMMENTS III. Internal Relations • Work is conducted in a manner which supports the overall group 1 2 3 effort. • Differences with co-workers and supervisors are resolved in a 1 2 3 constructive manner. COMMENTS IV. External Relations • Work is conducted in a manner which is likely to foster good 1 2 3 citizen relations and support for the agency. • Work is conducted in a manner which does not generate patterns 1 2 3 of sustained complaints. S i COMMENTS V. Safety • Work is conducted in a manner which is most likely to protect 1 2 3 yourself and others from harm. • Work is conducted in a manner which is most likely to protect 1 2 3 facilities and equipment from damage. COMMENTS VI. Work Habits and Professional Appearance • Adheres to a productive work ethic. 1 2 3 • Exercises good personal hygiene. 1 2 3 • Presents a neat and professional image. 1 2 3 • Attendance. 1 2 3 COMMENTS VII. Equipment Use and Maintenance • Use and care for Department equipment is done in a manner most 1 2 3 likely to ensure good working order and appearance. COMMENTS � � PART 4 - OVERALL EVALUATION Exceeds Standards Meets Job Standards Below Standards The overall rating is not intended to be an average of the ratings of the ratings on individual performance factors. In every job, some results and factors are more important than others and should be given greater weight. Should a regular employee disagree with his/her overall rating or any portion thereof(for any element that is rated less than satisfactory) the employee has the right to have the City Manager review the Performance Evaluation. The employee shall have the right to have an Association Representative present. The City Manager's review and decision relating to the Performance Evaluation will be final. Such appeal to the City Manager must be made within 30 days of the date the employee receives the Performance Evaluation COMMENTS PART 5 - EMPLOYMENT DEVELOPMENT I have participated in discussion of overall job performance arid setting of new objectives. COMMENTS � � PART 6 - CERTIFICATION The employee's signature does not necessarily mean the employee is in total agreement with the remarks or ratings. Employee has the right to candidly express his/her opinion on this evaluation. Interview conducted with: Date Signature of Employee Employee comments: Signature of Supervisor Date Signature of Division Commander Date Signature of Department Head Date Chief of Police Comments for Division and/or Department Head: If comments are made by the Department Head, the employee must initial, indicating he has seen these comments prior to routing to the Personnel Office I have reviewed the comments made by the Department Head Employee's Initials � � MINIMUM PERFORMANCE STANDARDS FOR INVESTIGATORS The following minimum perfoirnance standards far investigators have been adopted to assist each supervisor in evaluating an employee's effectiveness. There are three objectives for setting these performance standards: L The Improvement of Employee Effectiveness- T'he perforniance evaluation report will: a. Inform the employee of what is expected of him/her and how well he/she is m;,eting those expectations. b. Give the employee recognition and reward for good work. c. Measure the employee in terms of job requirements. d. Encourage self-development. e. Serve as a guide for future personnel actions such as promotions, disciplinary actions, transfers, etc. 2. The Improvement of Supervisory Effectiveness-The performance evaluation report will: a. Provide for supervision consistency in application of performance standards and evaluation of personnel on all watches. b. Identify the training needs of subordinates in general and individually. c. Provide the supervisor with a continuous record of the employee's job performance history which would enhance the quality of annual performance evaluations. 3. The Improvement of the Personnel Processes- The performance evaluation report will: a. Indicate wealrnesses in selection procedures. b. Elevate employee morale by recognition of competent service. c. Help the City and Department check on the need for and the reasonableness of established job perforn�ance standards. d. Provide a check on the accuracy of job descriptions, classifications, recruitment and selection process. � � e. Indicate training needs and evaluate the effectiveness of training activities which will demonstrate the need for changes in or the clarification of rules, regulations, policies, and procedures. f. Indicate eligibility for pay step increases. g. Serve as a guide for future personnel actions such as promotions;disciplinary actions, transfers, etc. � � INVESTIGATOR MINIMUM PERFORMANCE STANDARDS I. OUANTIT'Y OF WORK • Your level of activity should be comparable to your peers in like conditions taking into consideration such influences as work schedule,including days off,special enforcement activities,training assignments,number of hours actually worked, etc. • The majority of your efforts should be directed toward clearance of the cases assigned to you II. CASE MANAGEMENT • You will properly manage the cases assigned to you which include: a. Case prioritization, working the most critical cases first based on solvability factors or supervisory direction b. Maintaining case files which contain case documentation,notes,reports,and any other materials pertinent to the investigation c. Keeping supervisors appraised of case status, issues which arise that reflect on the department(positively or negatively), and any problems affecting your ability to manage your caseload III. PLANNING • You are expected to identify crime trends, determine MOs, and crime problems of a geographical nature. To this end, you are expected to cooperate with and assist the Crime Analysis Unit • You are expected to develop tactical plans intended to address the crime trends and identified MOs � You are expected to develop informant information on your cases, intelligence information regard'mg gangs, potential gangs, and drug information IV. JOB KNOWLEDGE • You are expected to develop a working knowledge of in-house computer programs • You are expected to become proficient in writing search warrants � � V. REPORTS • Follow agency format and guidelines(see Attachment "A") • At least 90 percent of arrest reports and 80 percent of all other reports must be `�seable"upon first submittal to supervisor. This means that no more than 10 percent of arrest reports and 20 percent of all other reports can be kicked back because of: a. Incomplete preliminary investigation b. Spelling, grammar, sentence structure, or legibility c. Errors, omissions d. Elements omitted e. Improper format • Case follow-up supplement should be completed within 20 calendar days unless a supervisor agrees to an extension • Make sure requested follow-up is completed in a timely manner or by due date *Useable- easily corrected by a supervisor in the time it normally takes to review and not an error outside the officer's control VI. 1NTERNAL RELATIONS You are expected to conduct your work in a manner which supports the overall group effort. If differences with coworkers, supervisors,or outside agencies develop, you are expected to resolve them in a constructive way. This means vou are expected to: a. Treat coworkers and supervisors with respect b. Avoid behavior which disrupts your and other's work c. Avoid racial, religious, ethnic, sexual slurs, and comments that might offend d. When differences develop, handle them constructively by actively trying to resolve ar negotiate ways to work together harmoniously � � e. Develop and maintain positive working relationships with allied agencies, i.e., District Attorney's Office, Sherii�s Office, Anderson Police Department, California Highway Patrol, Probation, Parole, etc. f. Maintain flexibility within the unit to assist any subunit when the need arises VII. EXTERNAL RELATIONS Recognizing police officers are held to a higher standard of conduct than the average person, you are e�ected to conduct yourself in a manner likely to foster good citizen relations and support for the agency and not to generate patterns of sustained complaints. This means you are expected to: a. Treat citizens with respect b. Refuse to accept gratuities c. Avoid unnecessary profanity, use of racial,religious, ethnic, and seacual slurs, sarcasm, and derogatory remarks d. Be aware of victim's rights and emotional well being while conducting your investigation, and remain sensitive to the needs of the victim e. Be informed,lrnowledgeable,and supportive ofthe e�cisting local services and programs for victims f. Advise victims of violent crimes periodically of the status and closing of investigations VIII. SAFETY You are expected to conduct your work in a manner which is most likely to protect you and others from harm and facilities and equipment from damage. This means vou are expected to: a. Follow Department policy and procedures in the use of vehicles and equipment b. Follow Department policy in the use of firearn�s and other defensive weapons c. Adhere to tactical procedures d. Follow Department handcuf�ing procedures e. Follow Department radio communications procedures � ! f. Wear appropriate raid jacket/vest and protective body armor on search warrants or other hazardous situations g. Advise dispatch of your location or when on a pager IX. WORK HABITS AND PROFESSIONAL APPEARANCE You are expected to adhere to a productive work ethic and present a neat and professional image. This means vou are exnected to a. Dress -Business attire is to be worn. Business attire is considered to be a dress shirt with appropriate tie and dress pants. During hot weather, open collar shirts may be wom. During the execution of search warrants,undercover operation,or other special details, clothing appropriate to the detail may be worn. The appropriateness of the attire will be at the discretion of the division supervisors and commander b. Maintain a schedule approved by your supervisor c. Code 7 not to exceed 1 hour,including reasonble travel time. Coffee breaks(2)are not to exceed 15 minutes each, including reasonable travel time or one 30 minute d. Check Department mail folder daily for messages e. Keep supervisor informed of any extra projects or details that you may be working, i.e., speaking engagements, schools, Women's Refuge, etc. f. Complete assignments and projects by due date or renegotiate with your supervisor in advance g. Meet or exceed minimum standards of uniform and grooming policy h. Notify sergeant at the point of shift where overtime is going to be needed i. Comply with court standby policy j. Citizen phone calls are to be attempted to be returned as soon as possible k. Maintain Department provided mail slots in useable condition 1. Maintain area of responsibility in locker room, gym, and office in a neat condition m. Complete accurate time card on time � • n. Follow the chain of command o. Any sick leave used to be for legitimate medical reasons X. EQUIPMENT USE AND MAINTENANCE You are e�ected to use and care for Department equipment in a manner most l�cely to ensure good working order and appearance. This means vou will be expected to: a. Keep vehicles free of contraband, evidence, and debris b. Keep fuel tank no less than one-half full at end of shift c. Lock vehicle when leaving it in public areas unless officer safety dictates otherwise d. Maintain firearms in clean,good warking condition and immediately report damage or malfunction to your supervisor e. Return equipment used to its proper location f. Report damage to any Departmental equipment while it is in your possession g. Keep your assigned vehicle's maintenance up-to-date h. Advise shop of any mechanical defects i. Maintain vehicle exterior and interior j. If any new equipment is needed, advise your supervisor of its need k. Keep your assigned radio charged L Maintain assigned equipment in good working condition � � REDDING POLICE DEPARTMENT PART 1 - INVESTIGATORS PERFORMANCE EVALUATION Date of this report Last Name First Name Initial Position For period from to Division Length of service with Department In present position PART 2 PERFORMANCE FACTORS EXCEEDS STANDARDS: Consistently performs beyond established minimum performance standards, and contributes beyond current job responsibilities. Produces results of exceptional quality. Demonstrates unusual talent, ability, or expertise MEETS JOB STANDARDS: Consistently fulfills minimum performance standards. Contributes effectively to City objectives. If new to the job, learning process equals expectations. BELOW STANDARDS: Results fall short of ineeting minimum performance standards. Does not necessarily indicate completely unsatisfactory or unacceptable performance, but addresses a performance area which needs additional attention or effort. If new to the job, further development is needed to consistently meet job requirements. INSTRUCTIONS: Examples of performance incidents justifying ratings in each of the rating categories shall be listed in the comments section of the evaluation form. 1 - Exceeds Standards 3 - Below Standards 2 - Meets Job Standards PART 3 PERFORMANCE STANDARDS PERFORMANCE I. Quantity of Work RATING • Activity level is comparable to peers in like conditions. 1 2 3 • Majority of work effort is directed at clearance of assigned cases. 1 2 3 COMMENTS � � II. Case Management • Cases are prioritized, warking the most critical cases first, based 1 2 3 on solvability factors or supervisory direction. • Materials pertinent to the investigation are maintained in the file. 1 2 3 • Supervisors are kept apprised of case status, issues which reflect 1 2 3 both positively and negatively on the Department, and any problems affecting the management of cases.. COMMENTS III. Planning • Cooperation and assistance is given to the CAU by the 1 2 3 identification of crime trends, determination of Mos, and crime problems of a geographical nature. • Tactical plans are developed which are intended to address the 1 2 3 crime trends and identified Mos. • Actively develops citizen informants to gain intelligence on cases 1 2 3 or areas of concern to the Department. COMMENTS ' IV. Job Knowledge • Possesses a working knowledge of in-house computer programs. 1 2 3 • Possesses a proficiency in writing search warrants. 1 2 3 COMMENTS � � V. Reports • Prepared reports follow agency format and guidelines. 1 2 3 • Part I felony reports are completed by the end of Watch unless 1 2 3 approved by a supervisor • At least 90% of arrest reports and 80% of all other reports 1 2 3 prepared are *useable upon first submittal to a Sergeant. *Useable - this means reports that are prepared correctly or easily corrected by a report reviewer in the time it normally takes to review. • Case follow up supplements are completed within 20 calendar 1 2 3 days or a supervisor has agreed to an extension. • Requested follow up is completed in a timely manner, or by due 1 2 3 date. COMMENTS VI. Internal Relations • Work is conducted in a manner which supports the overall group 1 2 3 effort. • Differences with co-workers, supervisors, and other agencies are 1 2 3 resolved in a constructive manner. COMMENTS VII. External Relations • Work is conducted in a manner which is likely to foster good 1 2 3 citizen relations and support for the agency. • Work is conducted in a manner which does not generate patterns 1 2 3 of sustained complaints. � � COMMENTS V. Safety • Work is conducted in a manner which is most likely to protect 1 2 3 yourself and others from harm. � Work is conducted in a manner which is most likely to protect 1 2 3 facilities and equipment from damage. COMMENTS VI. Work Habits and Professional Appearance • Adheres to a productive work ethic. 1 2 3 • Exercises good personal hygiene. 1 2 3 • Presents a neat and professional image. 1 2 3 • Attendance. � 1 2 3 COMMENTS VII. Equipment Use and Maintenance • Use and care for Department equipment is done in a manner most 1 2 3 likely to ensure good working order and appearance. COMMENTS � � PAItT 4 - OV ERALL EVALUATION Exceeds Standards Meets Job Standards Below Standards The overall rating is not intended to be an average of the ratings of the ratings on individual performance factors. In every job, some results and factors are more important than others and should be given greater weight. Should a regular employee disagree with his/her overall rating or any portion thereof(for any element that is rated less than satisfactory) the employee has the right to have the City Manager review the Performance Evaluation. The employee shall have the right to have an Association Representative present. The City Manager's review and decision relating to the Performance Evaluation will be final. Such appeal to the City Manager must be made within 30 days of the date the employee receives the Performance Evaluation COMMENTS PART 5 - EMPLOYMENT DEVELOPMENT I have participated in discussion of overall job performance and setting of new objectives. COMMENTS � � PART 6 - CERTIFICATION The employee's signature does not necessarily mean the employee is in total agreement with the remarks or ratings. Employee has the right to candidly express his/her opinion on this evaluation. Interview conducted with: Date Signature of Employee Employee comments: Signature of Supervisor Date Signature of Division Commander Date Signature of Department Head Date Chief of Police Comments for Division and/or Department Head: If comments are made by the Department Head, the employee must initial, indicating he has seen these comments prior to routing to the Personnel Office I have reviewed the comments made by the Department Head Employee's Initials � � REDDING POLICE DEPARTMENT CORPORAL PERFORMANCE EVALUATION INSTRUCTIONS INTRODUCTION The corporal performance package has been designed to establish clear expectations of work performance. The philosophy behind its development centers around the principle tha,t all employees want to do a good job, but need to know what is expected of them to do so. With that goal in mind, performance standards have been drafted descnbing what is expected of the Redding Police Department's Corporals. PERFORMANCE STANDARDS A set of standards has been drafted defining the responsibilities of the police corporal. The performance standards have been drafted as specifically as posstble, but obviously not so specifically that they can only apply to one assignment. Regardless of a specific bureau of assignment or job title, certain performance standards are expected to be maintained no matter what the assignment. The performance standards are intended to clearly define these expectations and form the basis from which corporals' performance will be evaluated. PERFORMANCE STANDARDS The evaluation form used to rate a corporal's performance has been designed to reflect each of the performance standard categories. In each category, a corporal can be rated "Exceeds Standards," "Meets Standards,"or`Below Standards"as the case may be. A check mark in the rating which most closely represents a corporal's performance in each performance category shall be made. At the top of the first page of the evaluation form,it is important to complete the identifying information requested. RATINGS DEFINED The following descriptions are supplied to clearly define what type of performance is expected to earn a rating in that category: Exceeds Standards: Consistently performs above standards. Meets Standards: Consistently meets the established standard. Below Standards: Results fall short of ineeting job requirements. (Does not meet the standard as noted in the comments section of the evaluation and through prior counseling.) i� i Examples of performance incidents justifying ratings in each of the rating categories as well as the overall rating shall be listed in the comments section of the evaluation form. � STANDARD PERFORMANCE POLICY Substandard perfom�ance hurts the organization by forcing other corporals to carry a greater portion of the day-to-day workload. For these reasons, every attempt will be made to encourage all corporals to perform at a level where all standards are being met and/or exceeded. To this end, two clauses have been added to the evaluation package and apply to all performance standards. A. CLAUSE #1: • If you are not meeting the expectations in the performance element, your supervisor will meet with you and clarify how you are perceived not to be meeting the standard. • If your `Below Standards" wark is critical enough that your rating might be adversely affected,your supervisor will inform you and together a plan will be prepared to correct the deficiency and summarize it in writing. • If you successfully implement the plan to correct performance, you will be rated as satisfactory in this element; if not,you will not get a satisfactory rating. B. CLAUSE#2: • If a performance standard becomes unattainable, initiate contact with your supervisor to renegotiate. � � CORPORALS MINIMUM PERFORMANCE STANDARDS I. SUPERVISION A. Perforn�ance Management and Control You will receive a satisfactory rating in performance management and controls if,under the direction of your shift sergeant,you assure that the following condition exists: • If any employee is not meeting minimum standards,you have,with your sergeant's input and/or recommendations, initiated a corrective action plan. Your responsibilities in the area of performance management and control shall extend to all on-duty time, whether in the capacity of shift supervisor or when detailed with beat responsibility. Disagreements with policy are aired with your supervisor along with recommendations for improvement. B. Cost Control Corporals will be held accountable for controlling and minimizing the use of overtime by those employees under their control. II. EMPLOYEE DEVELOPMENT Work in cooperation with your sergeant to develop and implement training plans and respond to employee needs. III. PROBLEM SOLVING A. Take pro-active measures to prevent problems from occurring. Implement and manage prevention programs at the direction of your sergeant or watch commander. B. Be responsive and initiate action when problems arise. The corporals will identify problems and develop plans for correction, working closely with the shift sergeant. Implement according to plan and criteria agreed upon. C. Reporting: The Corporal will report unusual occurrences, major incidents, personnel problems, and community sensitive issues to the shift sergeant or watch commander. � � IV. PROJECTS/SPECIAL ASSIGNMENTS A. Readily accepts assignments and projects outside normal job responsibilities B. Pro-actively initiates projects to improve the organization V. FIELD ENFORCEMENT Your level of activity should be comparable to your peers in like conditions, taking into consideration such influences as work schedule, including days off, special enforcement activities, training assignments, number of hours actually worked, etc. Work effort is focused on the watch priorities as identified by the Watch Commander and/ar shift supervisor. VI. REPORTS Follow agency format and guidelines, see Attachment"A." Complete Part I Felony reports by end of watch unless approved by supervisor. At least 90% of arrest reports and 80°/a of all other reports must be *useable upon first submittal to sergeant. This means that no more than 10°/a of arrest reports and 20% of all other reports can be kicked back because of: 1. Incomplete preliminary investigation 2. Spelling, grammar, sentence structure, or legibility 3. Errors, omissions 4. Elements omitted 5. Improper forn�at *Useable- easily corrected by a supervisor in the time it normally takes to review and not an error outside the officer's control VII. INTERNAL AND EXTERNAL RELATIONS A. Internal Relations You are expected to conduct your work in a manner which supports the overall group effort. If differences with coworkers and supervisors develop, you are expected to resolve them in a constructive way. � � This means You are e�ected to: 1. Treat coworkers and supervisors with respect 2. Avoid behavior which disrupts your and other's work 3. Avoid racial,religious, ethnic, sexual slurs, and comments that might offend 4. When differences develop,handle them constructively by actively tiying to resolve or negotiate ways to work together harmoniously 5. Give subordinates an avenue in which to ma.ke suggestions, register complaints, seek guidance, etc. 6. Provide a timely response to employee needs B. External Relations Recognizing police officers are held to a higher standard of conduct than the average person, you are expected to conduct yourself in a manner l�cely to foster good citizen relations and support for the agency and not to generate patterns of sustained complaints. This means you are expected to: 1. Treat citizens with respect 2. Refuse to accept gratuities 3. Avoid unnecessary profanity, use of racial, religious, ethnic, and sexual slurs, sarcasm, and derogatory remarks 4. Make yourself readily available to accept citizens' complaints or suggestions, and follow departmental procedures to effectively deal with such information VIII. SAFETY You are expected to conduct your work in a manner which is most likely to protect you and others from harm and facilities and equipment from damage. This means vou are expected to: 1. Follow Department policy and procedures in the use of vehicles and equipment 2. Follow Department policy in the use of firearcns and other defensive weapons � . 3. Adhere to tactical procedures 4. Follow Department handcuf�ing procedures 5. Follow Department radio communications procedures IX. WORK HABITS AND PROFESSIONAL APPEARANCE You are expected to adhere to a productive work ethic and present a neat and professional image. Tfiis means You are expected to 1. Report to work on time,arrive at the beginning of roll call in wiifnrm with all necessary equipment ready for duty. 2. Be on the street within five minutes after briefing unless approved otherwise by sergeant. 3. Assure Code 7s do not exceed 30 minutes excluding reasonable travel time after clearance. Coffee breaks(2)are not to exceed 15 minutes each, excluding reasonable travel time after clearance. Code 7 and break locations must be given to dispatch upon arrival. 4. Answer your radio when called or dispatch should have your location and status. 5. Remain in field until ten minutes before end of shift, but available to end of shift. Exceptions to be cleared with supervisor. 6. Complete assignment and projects by due date or renegotiate with your supervisor in advance. 7. Meet ar exceed minimum standards of uniform and grooming policy. 8. Notify sergeant at the point of shift where overtime is going to be needed. 9. Comply with court standby policy. 10. Citizen phone calls are to be attempted to be returned as soon as possible 11. Maintain Departrnent provided mail slots in useable condition 12. Maintain personal area of responsibility in locker room, gym, report room, and squad room in a neat condition � � 13. Complete accurate time card on time 14. Follow the chain of command 15. Any sick leave used to be for legitimate medical reasons X. FACILITIES AND EQUIPMENT MANAGEMENT Corporals, when supervising a shift, are expected to: L Investigate suspected/known abuse and/or loss of equipment and initiate action to correct the problem. 2. Report malfunctions and/or da�nage to mechanical, electric, plumbing, structural equipment in the building, during your shift. Inform your sergeant/watch comtnander as necessary. XI. EOUIPMENT USE AND MAINTENANCE You are expected to use and care for Department equipment in a manner most l�cely to ensure good working order and appearance. This means vou will be exnected to: 1. Keep vehicles free of contraband, evidence, and debris 2. Keep fuel tank no less than one-half full at end of shift 3. Conduct circle checks ofvehicle before and after shift and report da.mage or deficiencies to supervisor on appropriate forn�s. 4. Lock vehicle when leaving it in public areas unless officer safety dictates otherwise 5. Maintain fireanns in clean,good working condition and immediately report damage or malfunction to your supervisor 6. Return eQuipment used to its proper location 7. Report damage to any Departmental equipment while it is in your possession � � REDDING POLICE DEPARTMENT PART 1 - CORPORAL PERFORMANCE EVALUATION Date of this report Last Name First Name Initial Position For period from to Division Length of service with Department In present position PART 2 PERFORMANCE FACTORS EXCEEDS STANDARDS: Consistently performs beyond established minimum performance standards, and contributes beyond current job responsibilities. Produces results of exceptional quality. Demonstrates unusual talent, ability, or expertise MEETS JOB STANDARDS: Consistently fulfills minimum performance standards. Contributes effectively to City objectives. If new to the job, learning process equals expectations. BELOW STANDARDS: Results fall short of ineeting minimum performance standards. Does not necessarily indicate completely unsatisfactory or unacceptable performance, but addresses a performance area which needs additional attention or effort. If new to the job, further development is needed to consistently meet job requirements. INSTRUCTIONS: Examples of performance incidents justifying ratings in each of the rating categories shall be listed in the comments section of the evaluation form. 1 - Exceeds Standards 3 - Below Standards 2 - Meets Job Standards PART 3 PERFORMANCE STANDARDS PERFORMANCE I. Performance Control: RATING • For any employee under your supervision who is not meeting 1 2 3 minimum standards you have, with your Sergeant's input and/or recommendation, initiated a corrective action plan. • Effectively manages cost controls in overtime usage and proper 1 2 3 scheduling. • Disagreements with policy are aired with your supervisor along 1 2 3 with recommendations for improvement. • • COMMENTS II. Employee Development: • Works in cooperation with the Shift Supervisor to develop and 1 2 3 implement training plans. � Is responsive to employee needs. 1 2 3 COMMENTS III. Problem Solving • Takes pro-active measures to prevent problems from occurring. 1 2 3 • Implements and manages prevention programs at the direction of 1 2 3 the Shift Sergeant and/or Watch Commander. • Is responsive and initiates action when problems arise. 1 2 3 • Identifies problems and develops a plan for correction working 1 2 3 closely with the Shift Sergeant. • Implements according to this plan and criteria agreed upon. 1 2 3 • Reports unusual occurrences, major incidents, personnel 1 2 3 problems, and community sensitive issues to the Shift Sergeant or Watch Commander. COMMENTS IV. Projects/Special Assignments: • Readily accepts assignments and projects outside normal job 1 2 3 responsibilities. • Pro-actively initiates projects to improve the organization. 1 2 3 i i COMMENTS V. Field Enforcement • Level of activity as compared to peers in like conditions. 1 2 3 • Work effort is focused on the Watch priorities as identified by the 1 2 3 Watch Commander and/or Shift Supervisor. COMMENTS VI. Reports • Prepared reports follow agency format and guidelines. 1 2 3 • Part 1 felony reports are completed by the end of Watch unless 1 2 3 approved by a supervisor • At least 90% of arrest reports and 80% of all other reports 1 2 3 prepared are *useable upon first submittal to a Sergeant. *Useable - this means reports that are prepared correctly or easily corrected by a report reviewer in the time it normally takes to review and not an error outside of the of�'icer's control. COMMENTS � � VII. Internal Relations and External Relations: • Supervisory conduct allows an avenue for subordinates to make 1 2 3 suggestions, register complaints, seek guidance, etc. • Responds in a timely manner to employee needs. 1 2 3 • Good relationships are rnaintained with coworkers and superiors. 1 2 3 Conflicts are dealt with in a positive, constructive manner. • Conduct promotes mutually satisfactory relations with citizens and 1 2 3 other agencies. Conflicts are dealt with appropriately. • Readily available to accept citizen's complaints, recommenda- 1 2 3 tions, and suggestions. Appropriate action is initiated to effectively deal with such information. Conflicts are dealt with appropriately. COMMENTS VIII. Safety • Identifies and corrects unsafe conditions. 1 2 3 • Complies with and assures compliance with safety policies and 1 2 3 procedures. COMMENTS IX. Work Habits and Professional Appearance • Adheres to a productive work ethic. 1 2 3 • Exercises good personal hygiene. 1 2 3 • Presents a neat and professional image. 1 2 3 • Attendance. 1 2 3 COMMENTS • � X. Facilities and Equipment Management • Investigates suspectedlknown abuse and/or loss of equipment and 1 2 3 initiates action to correct the problem. • Reports any malfunction or damage to any of the components of 1 2 3 the police facility. COMMENTS XI. Equipment Use and Maintenance • Use and care for Department equipment is done in a manner most 1 2 3 likely to ensure good working order and appearance. COMMENTS PART 4 - OVERALL EVALUATION Exceeds Standards Meets Job Standards Below Standards The overall rating is not intended to be an average of the ratings of the ratings on individual performance factors. In every job, some results and factors are more important than others and should be given greater weight. Should a regular employee disagree with his/her overall rating or any portion thereof(for any element that is rated less than satisfactory) the employee has the right to have the City Manager review the Performance Evaluation. The employee shall have the right to have an Association Representative present. The City Manager's review and decision relating to the Performance Evaluation will be final. Such appeal to the City Manager must be made within 30 days of the date the employee receives the Performance Evaluation COMMENTS PART 5 - EMPLOYMENT DEVELOPMENT I have participated in discussion of overall job performance and setting of new objectives. COMMENTS i • PART 6 - CERTIFICATION The employee's signature does not necessarily mean the employee is in total agreement with the remarks or ratings. Employee has the right to candidly express his/her opinion on this evaluation. Interview conducted with: Date Signature of Employee Employee comments: Signature of Supervisor Date Signature of Division Commander Date Signature of Department Head Date Chief of Police Comments for Division and/or Department Head: If comments are made by the Department Head, the employee must initial, indicating he has seen these comments prior to routing to the Personnel Office I have reviewed the comments made by the Department Head Employee's Initials � � ���� � � • � � � . , � � « » • , , » » , . � requeste�- � • - - . , , � � » � , � � , n�� s � . , � , . , , , . � � • � , scek- , . , • , , �o�arr. nr�xge: � � ATTACHMENT"A" ELEMENTS NECESSARY FOR A COMPLETE INVESTIGATION 1. All pertinent blocks on the face page of the report shall be filled in. 2. RPNictim information on the face sheet shall include the following information if available:Last name, first name, middle name, AKAs if any, sex/race, DOB, current street address, current home phone and current business phone if any. 3. Witness information shall include the following information if available: Last name, first name, middle name, AKAs if any, sex/race, DOB, current street address, current home phone, and current business phone if available. 4. Suspect information shall contain the following information if available: Last name, first name, middle name, AKAs if any, sex/race, DOB, height, weight, hair color and length, eye color, distinguishing features to include but not limited to marks/scars and tattoos, driver's license number, social security number, clothing description if applicable, last known address, home phone and business phone if available. In cases such as Missing Persons or Runaway Juveniles where victim information is critical,the following should be ineluded on the face page and supply the same information as is required for a suspect lead: 5. The elements of the crime being investigated must be clearly established and documented in the report. If the crime is a specific intent crime, the specific intent must be established and documented in the report. 6. A complete and thorough statement must be obtained from every RP, victim, witness, and suspect which is contacted. Attempts should be made to contact those involved parties who are not present at the time. If contact is not made, a notation should be included in the report that an attempt was made to contact that person and the reason for the lack of contact(i.e., suspect unable to be located). 7. An attempt must be made to look far and collect all evidence of the criminal act. The attempt and the act of collection must be elaborated in the report. To state"No evidence was located" is not suf�'icient. You must stated what steps you took to locate and collect evidence (i.e., I visually inspected the area for footprints or l dusted the point of entry for latent prints). If you are unable to look for or collect evidence,you must state the reason in your report(i.e.,unable to dust for prints due to the surface of the car being wet from the rain). 8. You must indicate in your report what specifically was done with the evidence (i.e., it was placed in the property room or it was mailed to DOJ). If appropriate, the evidence collected must be listed on the back of the face sheet of the report as"H". i � 9. All supporting documents of the crime or information about the suspect as 10-28s, L 1 s, rap sheets, medical release forms, sexual assault forms, or elder abuse forms should be completed and attached to the report. 10. The report must contain proper grammar, spelling, and sentence structure. 11. Reports must be clearly written so the facts of the case can be easily understood. 12. Reports must be concise.Repetitive statements and information not relevant to the case should be excluded. 6/9/94 � � EXHIBIT"E" BINDING CONTRACT FOR REIMBURSEMENT OF HIRING AND TRAINING EXPENSES WHEREAS, the Applicant identified below acknowledges that the City of Redding will incur substantial e�enses in the process of training the undersigned to be a commissioned police officer,and WHEREAS,it is acknowledged that should a police officer voluntar�y leave the department and accept another law enfarcement related position within two (2)years of separation from City service, the employee will be responsible for pro rata reimbursement for hiring and training e�cpenses. The definition of completion of departmental training as used in this agreement is completion of the field training of�icer program;however,based upon good cause,the Chief of Police shall have the authority to waive this provision. The definition of good cause should be at the sole discretion of the Chief of Police. NOW, THEREFORE, it is hereby agreed as follows: 1. Reimbursement Obligation. I, ,hereafter"the Applicant" in consideration of the agreement by the City of Redding Police Department, hereinafter "the Department," to provide me with formal police training, which may include police academy training and/or field training under the supervision of experienced Departmental Field Training Officers, do hereby agree that in the event my employment with the Departrnent ceases due to any cause other than "termination" as defined below, within twenty-four (24) months from commencement of full-time service as a police officer subsequent to completion of the period of field training and I accept employment with another law enforcement agency within two(2)years from the date of such cessation, I will reimburse the Department for all expenses incurred in connection with my hiring and training. 2. Definition of"Tern�ination." Termination as used in this Agreement shall mean any discontinuance of the Applicant's employment initiated by the Department. 3. Calculation of Reimbursement Obligation. The reimbursement obligation shall consist of the sum of all amounts,net of POST reimbursement,expended by the Department in connection with hiring and training the Applicant. 4. Credit for Continuous Employment. Credit for service rendered will be given against the reimbursement obligation at the rate of one-twenty-fourth of the total reimbursement obligation for each month of continuous full-time employment subsequent to completion of the field training period. Any absence from work due to illness,non-duty related injury,or other cause for a period greater than two weeks shall be excluded from the period of service for which credit will be given. 5. Terms ofRepayment. Complete payment ofthe reimbursement obligation shall be made within twenty-four(24)months of acceptance of employment with another law enforcement agency in monthly installments of no less than one-twenty-fourth of the total reimbursement obligation, � � commencing on the first day of the month following the month during which such employment occurs, and payable on or before the first of each month thereafter. The Applicant agrees that in the event of his/her failure to make any payment required pursuant to this Agreement in a timely manner, the total amount of the reimbursement obligation then remaining unpaid shall immediately become due and payable. The Applicant further agrees that in the event the Department incurs legal fees, court costs or attorney fees, or other costs of collection in an effort to collect any delinquent sums owing pursuant to this Agreement, the Applicant will pay such expenses in addition to the portion of the reimbursement obligation then due. 6. Acknowledgement of Receipt/Waiver of Right to Independent Legal Advice. I understand that I have the right to have this document examined by an attorney of my choosing and to discuss its tenns with my attorney prior to signing it. Dated this day of , 19 Attorney of Applicant Dated this day of , 19 Applicant � \� . EXHIBIT "F" REDDING POLICE DEPARTMENT SUBSTANCE ABUSE POLICY 1 - � � SUBSTANCE ABUSE POLICY TABLE OF CONTENTS Section Pa�e No. SectionI. POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section IL MANAGEMENT AND SUPERVISORY RESPONSIBII.ITIES . . . . . . . 5 Section III. TRAINING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section IV. SUBSTANCES FOR WHICH TESTING WILL OCCUR . . . . . . . . . . . . . 6 Section V. SUBSTANCE TESTING PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . 6 Section VI. REHABILITATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section VII. DISCIPLINARY ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section VIII. MEDICAL REVIEW OFFICER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section IX. CONFIDENTIALIT'Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section X. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Attachment "A" CUT-OFF LEVELS FOR SUBSTANCE ABUSE TESTING . . . . . . . . . . 15 Attachment `B" RESPONSIBILITIES OF THE MEDICAL REVIEW OFFICER . . . . . . . 16 Attachment "C" CONSENT FORM TO DRUG TESTING . . . . . . . . . . . . . . . . . . . . . . . . 18 2 - � � I. POLICY It is the policy of the City of Redding (City) to foster and provide a drug and alcohol-free workplace for all employees. A drug and alcohol-free workplace protects the safety of the public as well as the City's valuable employee resources. A. POLICY PHII.,OSOPHY Police department employees represent the City to the general public in highly visible and often stressful situations. As a result, police officers must make critical decisiors that affect both public safety and the safety of fellow employees. Because the role of law enfarcement is so crucial to the general welfare of the community, it is held to a higher standard of scrutiny and conduct than the general public. This is particularly important in the use of alcohol or drugs. Consequently, substance abuse cannot be tolerated by members of this Department. B. POLICY PLJRPOSES The purposes of the City's Substance Abuse Policy are: 1. To implement a fair and balanced approach to eliminating substance abuse and its effects on job performance; 2.. To encourage voluntary rehabilitation. C. APPLICATION OF POLICY This policy shall apply to all employees in the RPOA bargaining unit of the Police Department. D. GLTIDING PRINCIPLES There are three guiding principles underlying the City's policy on a drug and alcohol-free workplace. They are: 1. Education The City believes that education and training of all employees in the effects and treatment of substance abuse will contribute to a safer and more efficient workplace for everyone. 3 � � 2. Detenence/Enforcement The City is committed to eliminating the effects of substance abuse in the workplace. The substance abuse policy will be strictly enforced. Violation of its requirements may be cause for discipline, up to and including termination of employment. 3. Treatment The City is committed to helping employees with admitted substance abuse problems overcome those problems, where feasible, and encourages voluntary rehabilitation. E. RIJLES In furtherance of the substance abuse policy, the City has formulated clear rules and penalties to ensure compliance. Violation of these rules may result in disciplinary action up to and including discharge. The primasy rules are: 1. The use of illegal drugs and the illegal use of prescription drugs or controlled substances are prohibited. 2. The manufacture,sale,distribution,or possession of i7legal or controlled drugs,and any attempt to offer to sell or distnbute illegal or controlled drugs by any employee at any time except in the perfom�ance ofthe employees responsibilities is protubited. 3. Employees shall not report for work or be in stand-by or on-call status while they have in their system alcohol, illegal drugs, or prescription drugs that will adversely affect their alertness,coordination,reaction,response or safety,unless so authorized or directed by a supervisor. 4. The use or possession of alcohol while on duty, including lunch and breaks, or in the workplace except in the performance of the employees responsibilities is protubited. The possession of an unopened, sealed container of alcohol,because of an unsolicited delivery, is not a violation of this rule, provided that the employee/recipient immediately notifies his/her supervisor of such delivery. 5. Employees who appear to be affected on the job by drug or alcohol use may be required to submit to drug/alcohol testing pursuant to section V. 6. Any employee taking prescription medications which may affect job performance must report this treatment to his or her immediate supervisor prior to reporting for duty and provide a prescription within twenty four(24) hours if requested. 4 � � 7. Employees shall report on duty conduct pro}ubited by this policy immediately to their supervisor when employees have a reasonable basis to believe that another employee is engaging in such activities. 8. A copy of this policy will be delivered to each current and each new employee. Such delivery shall be acknowledged in writing. Each employee shall read and abide by the provisions of this policy. II. MANAGEMENT RESPONSIBILITIES Management will: A. Be fully conversant with the policies and procedures set forth herein; B. Train employees in the policies and procedures concerning substance abuse, and in the dangers of such abuse; C. Be knowledgeable about the City's program for substance abuse rehabilitation; D. Be aware of substance abuse indicators (see illustrative list at V, 2); E. Document all instances of violations of this policy; F. Conduct investigations promptly and properly when suspicion exists that an employee may be impaired or affected by drug or alcohol use; G. Conduct investigations promptly and properly when the presence or use of drugs or alcohol in the workplace or during work time, including lunch or breaks, is suspected. H. When the results of investigations indicate that discipline is warranted, impose fair and reasonable discipline in an appropriate manner consistent with the elements of the individual case. I. Monitor the parficipation and progress of employees in rehabilitation or aftercare programs. III. TRAINING The City will develop and conduct drug awareness training sessions for all employees concerning this Policy, and the personal, safety and work effects of drug and alcohol use. Management will require attendance at such training sessions. 5 � � Management will use its best efforts to ensure that all supervisors are trained in substance abuse observation techniques at the earliest possible time following appointment to a supervisory rank. N. SUBSTANCES FOR WHICH TESTING WILL OCCUR The City will test for substances included in Substance Abuse and Mental Health Services Administration(SAMHSA)standards as such lists exist at the time of testing. Currently substances included under��SAMHSAstandards are as follows: A. Marijuana(cannabinoids) B. Cocaine C. Opia.tes (narcotics such as heroin, morphine, codeine and other medicinal narcotics) D. Phencyclidine (PCP) E. Amphetamines (racemic ampheta,mine, dextroamphetamine, and methamphetamine) F. Alcohol G. Barbiturates H. Benzodiazepines I. Methaqualine V. SUBSTANCE TESTING PROCEDURES A. CATEGORIES OF TESTING The City will conduct the following types of drug/alcohol tests: 1. Voluntarv When an allegation against an employee not rising to the level required for reasonable suspicion testing occurs, an employee may volunteer to submit to clrug/alcohol testing at the employer's expense with prior approval of the City. 2. Reasonable Suspicion Employees must submit to tests for alcohol and/or for illegal and controlled substances when the employee is reasonably suspected ofbeing impaired or affected by drug or alcohol use. a. Reasonable suspicion for testing means suspicion based on specific personal observation of two (2) supervisors, unless only one supervisor is practically available. (For this purpose, supervisor shall be defined as an employee of the rank of Sergeant or above.) The observing supervisor(s) must have been 6 . � trained in the detection of drug and alcohol use, and shall descnbe and document: (1) Specific personal and articulative observations concerning the appearance, behavior, speech, or performance of the employee; or (2) Violation of a safety rule, or other unsafe work incident which, after further investigation ofthe employee's behavior,leads the supervisar(s) to believe that drug or alcohol use may be a contnbuting factor; or (3) Other physical, circumstantial, or contemporaneous indicators of drug or alcohol use. b. While observations and reports of third parties do not of themselves constitute reasonable suspicion, they may trigger an intemal or administrative investigation. A drug/alcohol test may be required as a part of such investigation. When such tests are ordered, the supervisor will document the circutnstances leading to the issuance of the order, including the names of all witnesses. 3. Internal or Administrative Investieations In the absence of reasonable suspicion,when conducting internal or administrative investigation, supervisors will consider sending the involved employee for drug/alcohol testing. Examples of when such testing may be required are: a. Involvement in an accident while on duty that results in injury to the employee or another person, or in significant property damage. b. Involvement in a critical incident while performing law enforcement duties. For this purpose a critical incident shall be defined as: (1) Use of deadly force, (2) AccidentaUintentional discharge of a firearm (not including range practice), (3) An application of force resulting in serious injury or death, (4) A complaint of the use of excessive force which caused serious injury, (5) Other life threatening incidents. To the extent feasible under the circumstances, an employee subjected to a substance test as part of a criminal investigation will also be tested under these procedures. 7 � � When such tests are ordered, the supervisor will document the reasons for the test in a written order, including the circumstances and names of all witnesses. The decision to test shall not be arbitrary or capricious and good cause shall be evident. 4. Random Random drug/alcohol testing will be required for all department peace officers in the unit. The universe for selection purposes will consist of all swom peace officers in the Police Department. The City will determine when such testing shall occur. Selection for random testing will be made by an outside vendor. Numeric designations rather than employee names will be provided to the vendor for the selection process. When random tests are ordered,the collection of the test specimen will occur during or at the end of the employee's normal work shift. To the extent operationally feasible as determined by the City,a lot of one or more names provided by the vendor for testing purposes will be tested before a subsequent lot of one or more names is tested. B. TESTING PROCESS The testing or processing phase, including the cut-off levels for tested substances (Attachment "A"),will be consistent with��SAMSHA standards as they exist at the time of testing and will be performed at a�H-Bz�SAMSHA certified facility. 1. The order to submit to a substance test may initially be given verbally. Subsequently, the employee will be given the order in writing setting forth the reasons therefore and signed by the Chief of Police, a Police Captain or a Watch Commander. Such written order will be issued as soon as is practicable after the initial order is given for the test, but may not be issued until after the test is administered. 2. The employee will be advised of his/her right to have a representative present prior to testing. A reasonable amount of time will be allowed for a representative to appear. If no representative is available within a reasonable time, the testing procedure will begin. 3. T'he employee must submit to a drug test and sign a Release and Consent Form. Failure to submit to a drug test or to sign the Release and Consent Form will be considered to be insubordination for fai7w-e to follow a direct order. An employee 8 � � taldng such action will be placed on leave-with-pay and may be subject to discipline up to and including discharge from City employment. ' 4. Except for random testing, an employee sent for non-voluntary testing will be placed on leave-with-pay status until the test results are rendered to the department. 5. When notifying the appropriate collection facility that an employee is being transported for testing, the employee will not be identified by name. However, at the point of collection the employee will be identified to the Medical Review Officer or his designee,in accordance with�r°�SAMHSA standards. The representative ma,y join them should he/she desire to do so. 6. A supervisor will transport and/ar accompany the employee to the collection facility, except when random testing. 7. The test will consist of a urine test. The procedures for collection of the urine sample will be in compliance with��SAMHSA standards. An initial positive report will not be considered positive; rather it will be classified as confirmation pending. 8. The confirmation test will be a GC/MS procedure in compliance with �Br� SAMHSA standards. The confirmation test will use the same sample as taken in the initial step. Notification of positive test results to the Chief of Police or his designee will be held until the confirmation test results are obtained. In those cases where the second test confirms the presence of drug or alcohol in the sample, the sample will be retained for a minimum of six(6)months to allow further testing if requested. 9. Employees who have been subjected to a drug/alcohol test where no alcohol or illegal drugs were found, will receive a report so stating and then shall return to work. 10. If the test result is positive,the Medical Review Officer will provide an opportunity for the employee to discuss whether there is a legitimate medical explanation for the test results. 11. Verified drug test results will be sent directly to the Chief of Police from the Medical Review Officer. 12. The Chief of Police, ar designee, will provide an opportunity for the employee to meet with him/her and discuss the drug test result. 9 � � 13. If the result is positive, rehabilitation andlor disciplinary action will be determined and administered by the Chief of Police or his designee. 14. An employee who does not pass a drug/alcohol test may request that the original urine sample be analyzed again at the employee's expense at the rate charged to the City. Such analysis shall conform to � SAMHSA standards and shall be performed by the � SAMHSA certified laboratory. The �� SAMHSA laboratory may be designated by the employee but must be located in California. 15. Each step in the collecting and processing of the urine specimen will be documented to establish procedural integrity and the chain of evidence. 16. Time required to participate in a non-voluntary testing procedure outside of an employee's normal work shift will be considered time warked for overtime purposes. VI. REHABILITATION A. METHODS OF REFERRAL Employees may be referred to rehabilitation programs in the following manners: 1. Voluntarv Self-Referral An employee who has a legal drug and/or alcohol abuse problem can voluntarily refer him/herself to a Licensed Substance Abuse Counselor for treatment. The Counselor will evaluate the employee and make a specific determination of appropriate treatment. Voluntary self-referral does not relieve the employee of the obligation to submit to drug/alcohol testing as may be required by management pursuant to this policy. 2. Referral bv Department Management Employees with positive legal drug/alcohol test results may be directed by the Chief or his designee to submit to evaluation by a Counselor and if recommended by the Counselor, to participate in a substance abuse rehabilitation program. For the purpose of this section "legal drug" shall be defined as over-the-counter and/or prescription drugs. 10 � � B. REHABILITATION AND AFTERCARE PROGRAMS 1. The terms and conditions of the rehabilitation program and the aftercare program will be determined on a case-by-case basis by the Counselor and the Chief of Police, or his designee, in a meeting with the employee. While such terms and conditions will be discussed with the employee, they are ultima,tely subject to the decision of the Chief or his designee. The err�ployee will be required to abide by such terms and conditions. Refusal or failure to do so may be grounds for disciplinary action up to and including termination. 2. The employee may be placed in a medically supervised rehabilitation program, which may include full in-patient hospital care ar outpatient rehabilitation care, provided by a City approved drug rehabilitation facility. 3. If recommended by tlie Counselar and treatrnent facility, the employee may apply for a leave of absence to the limits as outlined in the M.O.U. (Memorandum of Understanding)between the City and the RPOA. 4. The Counselor and the treatment facility,if used,must ceitify in writing to the Chief of Police of the employee's successful treatment completion and release to work. 5. After the employee has successfully completed the rehabilitation program, the employee will be placed in an aftercare program. 6. The employee may, at the recommendation of the Counselor and at the discretion of the Chief of Police, be permitted to return to work in his/her job classification during outpatient rehabilitation or during aftercare. To qualify for such return to work the employee must reasonably be expected to perform his/her job responsibilities. 7. Prior to returning to work the employee may be scheduled for an examination, including a drug/alcohol test at the discretion of the Chief of Police. 8. Employees participating in rehabilitation and aftercare programs, as a condition of such participation, will be subject to drug testing as may be deemed appropriate by the Chief or his designee. 9. Any changes or modifications in the rehabilitation or aftercare programs must be approved by the Chief of Police. 10. The employee may use appropriate accrued leave as provided in personnel rules and/or in the MOU during absences for rehabilitation and aftercare programs. Ifno such accrued leave is available, the employee will be in a non-pay status. 11 � � 11. Costs associated with all rehabilitation and aftercare programs are the responsibility of the employee. However, the employee may use City provided group health insurance benefits, if they apply, to such programs. The City will utilize rehabilitation and aftercare programs authorized under the City's group health insurance plan where available. 12. The number of times an employee can participate in a rehabilitation and aftercare program will be determined by the Chief of Police. 13. Records regarding an employee's rehabilitation program,aftercare program,and the Return to Work Agreement will be in the possession of the Counselor, department management,and the Personnel Director until such time as the employee is released from the rehabilitation and aftercare programs. At that time City retained records w�l be transferred to the Personnel Department and there maintained in accordance with Section X of this Policy. VII. DISCIPLINARY ACTION The City may take disciplinary action up to and including discharge against any employee who: A. Tests positive for alcohol or for substances, as identified in Section IV in an amount which meets or exceeds the cut-offlevels established by 3�r�SAMHSA as they exist at the time of testing(Attachment "A"), B. Refuses required testing pursuant to this Policy, C. Adulterates or othen�ise interferes with accurate testing required pursuant to this Policy, D. Fails to comply with the provisions of the return to work and aftercare programs, E. Has used illegal drugs while employed as a peace officer by the City of Redding, F. Has abused prescription drugs while employed as a peace officer by the City of Redd'mg, G. Violates a rule in Section I(E) of this Policy. Disciplinary action will be consistent with the City's established Policies. VIII. MEDICAL REVIEW OFFICER A. Only a qualified Medical Review Officer (MRO) in accordance with�B� SAMHSA standards will receive laboratory results generated by drug/alcohol testing. 12 � • B. The responsibilities of the MRO are outlined in Attachment`B". These responsibilities are consistent with N.I.D.A. standards. If such standards relating to the role of the MRO change so shall Attachment `B". IX. CONFIDENTIALITY The results of any drug and/or alcohol test will not be revealed to any person other than the City Manager, Assistant City Manager, Chief of Police (or designee), Director of Personnel (or designee), and the rehabilitation/aftercare counselor, unless ordered by means of proper legal procedure and appropriate legal authority, such as a court ordered subpoena,or in connection with City discipline or a grievance or arbitration proceeding initiated by or on behalf of the individual without the express written authorization of the employee. A. To maintain confidentiality,records pertaining to Substance Abuse Policy administration, the rehabilitation and aftercare programs, the specimen collection process and individual drug/alcohol test recards will not be a part of the individual personnel files. B. All documents identified in this section will be secured and maintained in the Personnel Department under the custodianship of the Personnel Director. C. All documents relating to drug/alcohol testing,the circumstances concerning such testing, or the administration of other aspects of this Policy will be retained a minimum of five years. Such records will include;but not be limited to: • Supporting documents for reasonable suspicion, • Documents supporting testing decisions in internal or administrative investigations, • Records of the specimen collection process to indicate specimen identification, accountability, and chain of custody, • Records of test results and any information provided by the af�ected individual concerning legitimate medical reasons for positive results and re-tests, • A master list of individual names and matching identification numbers for all cases, • Records regarding an employee's rehabilitation progam,aftercare program,and the Return to Work Agreement. D. Invoices for services provided by collection sites, laboratories, and Medical Review Officers shall be directed to the Chief of Police or his designee, and reference only the case number of the individual involved. 13 � � E. When a drug/alcohol test is ardered, the collection facility shall be notified only that an employee is being transported for testing. The employee is not to be identified by name. However, at the point of collection the employee w�71 be identified to the Medical Review Officer, in accordance with 3��SAMHSA standards. F. To provide for the maintenance of confidentiality as required above, supervisors will be informed on a need-to-lrnow basis of the reason for the authorized leave status of the employee. X. SEVERABILITY If any court should hold any part of this Policy invalid, such decision shall not invalidate any other part of this Policy. 14 � • d . E� W � p � � a � a a a a � � U V � o o � � o � N o N N •--� ,� �--� � E'q � E� F" � o '� � 0 U o � � � � � � � � � � � � � � � � � � � � � v � c� c� c� c� � c� w � � � w V � � � � � � � � � � � � b � p � � � � � � � a � '_' � � V � o 0 0 0 0 0 `r' � a � � M N � M M M N � � � � � � � � � � .� I.� ~ � � � � � � � � � � � w v . � w w w w w w w w � � � � o � U a� o � � •� -� � � a� � � a¢'' o � � -� � � � `� �o .� a+ � O � � 0 � � � � v � {-1 � � Q � v �+ •c� �"' O � U � � U U � o � a � • ATTACHMENT"B" A. Medical Review Of�icer shall review results. An essential part of the drug testing program is the fina,l review of results. A positive test result does not automatically identify an employee as having used drugs in violation of this substance abuse policy. An individual with a detailed knowledge of possble alternate medical explanations is essential to the review of results. This review shall be performed by the Medical Review Officer prior to the transmission of results to employer administrative ofT'icials. B. Medical Review Officer- qualifications and responsibilities. The Medical Review Officer shall be a licensed physician with lrnowledge of substance abuse disorders. The role of the Medical Review Officer is to review and interpret positive test results obtained through the employer's testing program. In canying out this responsibility, the Medical Review Officer sha.11 examine alternate medical explanations for any positive test result. This action could include conducting a medical interview with the individual, review of the individual's medical history, or review of any other relevant biomedical factors. The Medical Review Officer shall review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescnbed medication. The Medical Review Officer shall not,however,consider the results of urine samples that are not obtained or processed in accordance with IVIDA standards. C. Positive test result. Priar to maldng a final decision to verify a positive test result,the Medical Review Officer shall provide the tested individual an opportunity to discuss the test result with him/her. It is primarily the responsibility of the tested individual to initiate this discussion. However, to facilitate such a discussion,the Medical Review Officer will send a certified letter to the tested individual regarding the need to discuss the test result with him/her. During the five (5) working days following such certified mailing, the Medical Review Officer will make reasonable efforts to contact the individual If after the five working day period there has been no contact, the Medical Review Officer will forward the test results to the Chief of Police or designee. D. Verification for opiates; review for prescription medication. Before the Medical Review Ofi'icer verifies a confirmed positive result for opiates, he/she shall detemiine that there is clinical evidence--in addition to the urine test--of unauthorized use of any opium,opiate,or opium derivative(e.g.,morphine/codeine). (This requirement does not apply if the employer's GC/MS confirmation testing for opiates confirms the presence of 6- monoacetylmorphine.) 16 � � E. Reanalysis authorized. Should any question arise as to the accuracy or validity of a positive test result,only the Medical Review Officer is authorized to order a reanalysis of the original sample and such retests are authorized only at laboratories certified by D.H.H.S. The Medical Review Ofi'icer shall authorize a reanalysis of the original sample on timely request of the employee, as applicable in this Substance Abuse Policy. F. Result consistent with legal drug use. If the Medical Review Officer determines there is a legitimate medical explanation far the positive test result, the Medical Review Officer shall report the test result to the employer as negative. G. Result scientifically insuflicient. Additionally,the Medical Revievv Ofi'icer,based on review of inspection reports,quality control data,multiple samples,and other pertinent results,may determine that the result is scientifically insufi'icient for fiuther action and declare the test specimen negative. In this situation the Medical Review Officer may request reanalysis of the original sample before maldng this decision. The laboratory shall assist in this review process as requested by the Medical Review Officer by making available the individual responsible for da,y-to-day management of the urine drug testing laboratory or other employee who is a forensic toxicologist or who has equivalent forensic experience in urine drug testing,to provide specific consultation as required by the City. 1 17 � � RELEASE OF INFORMATION CONSENT TO DRUG TESTING I, , do hereby give my consent to REDDING 1NDUSTRIAL AND OCCUPATIONAL HEALTH MEDICAL GROUP,INC.,hereinafter referred to as"RIOH",to perform urinalysis on me for the presence of certain drugs and/or alcohol. I further authorize RIOH to release test results obtained from this examination in accordance with the procedures contained in the City of Redding Substance Abuse Policy applicable to my job classification to the City of Redding. * * * * * I am now taking, or have taken, the following medications within the past thirty(30)days: NAME OF DRUG CONDITION FOR WHICH PRESCRIBING DOCTOR TAKEN OR OVER THE COUNTER (OTC) DATED: SIGNATURE IDENTIFICATION DATED: WITNESS 18