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HomeMy WebLinkAboutReso 94-210 - Approve Provisions of the MOU entered into between the COR & the Redding Public Safety Dispatchers Association, Effective 07/03/94 RESOLUTION NO. 94- Zfd A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING ENTERED INTO BETWEEN THE CITY OF REDDING AND THE REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION, EFFECTIVE JULY 3, 1994. WHEREAS, the Redding Public Safety Dispatchers Association has been formally recognized as the majority representative of an appropriate unit of employees, as set forth in Section 2.1 of Article 2 of the attached Memorandum of Understanding; and WHEREAS, the designated representatives of the City of Redding have conferred with and entered into a Memorandum of Understanding with the designated representatives of the Redding Public Safety Dispatchers Association, as required by the provisions of the Meyers-Mi lias-Brown Act of 1968; and WHEREAS, a true copy of the Memorandum of Understanding is attached hereto and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding that the aforesaid Memorandum of Understanding is hereby approved, and shall become effective July 3, 1994. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 19th day of July, 1994, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None OBERT C. ANDERSON, Mayor City of Redding ATTEST: FORM APPROVED: \ i CONNIE STROHMAYER, ity Clerk RANDALL A. HAYd, City Attorney Q MEMORANDUM OF UNDERSTANDING Between CITY OF REDDING and REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION EFFECTIVE : December 6 , 1988 Amended: January 16 , 1990 to be effective January 7 , 1990 Amended: July 20, 1993 to be effective July 4 , 1993 Amended: 1994 to be effective July 3 , 1994 TABLE OF CONTENTS Article Page 1 Preamble 1 2 Recognition 3 3 Association Security 3 4 Grievance Procedure 5 5 Safety 6 6 Disability and Unemployment 7 7 Employee Status 8 8 wages and Classifications 9 9 Hours and Overtime 10 10 Seniority 13 it Promotion and Transfer 14 12 Demotion and Layoff 14 13 Leave of Absence 14 14 Expenses 15 15 Sick Leave 16 16 Funeral Leave 17 17 Holidays 17 18 vacations 18 19 Uniforms 20 20 Miscellaneous 21 21 Employee Benefit Programs 22 22 Entire Agreement 24 23 Term 24 EXHIBIT PAGE Exhibit "A" Schedule of Wage Rates 1 Exhibit "B" Substance Abuse Policy 1-17 Exhibit "C" Public Safety Dispatcher Performance Standards 1-5 NOTE : Except for the deletion of the obsolete Drug Abuse provisions and communications Shift Supervisors Performance Standards , amendments effective July 3 , 1994 , are shown by underlining the new language and lining out the deleted language MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 6th day of December, 1988 , by and between the CITY OF REDDING public agency as defined in Section 3501 ( c ) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of Cal- ifornia) , hereinafter referred to as the CITY, and REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION ( 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 that : 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, 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 ( Section 3500 , et seq. ) of Division 4 of Title 1 of the Government Code of the State of California. 1 . 2 It is the policy of the City and 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 Association recognize their mutual obligation for the continuous rendition and availability of such services . 1 . 4 The duties performed by employees of 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. Overtime work is an established condition of employment . During the term of this Memorandum of Understanding employees shall not partially or totally abstain from the performance of their duties for City. 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 1 performance of their duties for City or unreasonably or arbitrarily refuse or fail to respond to overtime work requirements shall be subject to disciplinary action up to and including discharge from employment . 1 . 5 City employees shall perform loyal and efficient work and service , and shall use their influence and best efforts to protect the properties of City and its service to the public and shall cooperate in promoting and advancing the welfare of City and in preserving the continuity of its service to the public at all times . 1 . 6 City and Association shall cooperate in promoting harmony and efficiency among City employees . 1 . 7 Notwithstanding anything to the contrary, the Association recognizes and accepts the right of City of Redding management to manage the City. This recognition includes acceptance of the fact that the management rights listed below are not subject to the grievance procedure . However, grievances may be filed upon interpretations of the provisions of this Memorandum of Under- standing other than those set forth in this section . 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 . ( e) The right to hire, schedule, promote, demote, transfer, release and layoff employees , and the right to suspend, discipline and discharge employees and otherwise to maintain an orderly, effective and efficient operation. Provided, however, that all of the foregoing shall be subject to the express and explicit terms and provisions of this Memorandum of Understanding. 1 . 8 The parties have met and conferred in good faith and have reached agreement on procedures set forth in this Memorandum of Understanding for resolution of disputes between the parties . The Association agrees that it will follow the procedures as set forth in the 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. 2 1• 1 ARTICLE 2 Recognition 2 . 1 The City recognizes the Association as the "Exclusive Repre- sentative" of all employees of the City who hold the classification of Public Safety Dispatcher . The provisions of this Memorandum of Understanding hereinafter set forth shall only apply to those employees of the City of Redding for whom the Redding Public Safety Dispatchers Association is the established exclusive repre- sentative . 2 . 2 official representatives of Association will be permitted access to City property to confer with City employees on matters of employer-employee relations , but such representatives shall not interfere with work in progress without agreement of Management . 2 . 3 The City will provide the Association adequate bulletin board space for the purpose of posting thereon matters relating to official Association business . 2 . 4 The City and the Association will not interfere with, intimidate, restrain, coerce or discriminate against any employee because of the employee' s membership or non-membership in Association or the employee ' s activity on behalf of the Association. 2 . 5 Any employee , at the employee ' s request, shall be permitted representation by an Association representative . The foregoing shall apply to hearings , reprimands , investigations and dis- ciplinary actions, providing there is no unreasonable delay in obtaining representation. 2 . 6 Joint Association-Management meetings shall be held as often as agreed upon by Association and Management . The purpose of these meetings shall be to promote harmony and efficiency and to improve communications between employees and all levels of management . The meeting agenda shall be determined by those in attendance and there shall be no restrictions on the subject matter; provided, the meetings shall not substitute for normal grievance procedures or for formal negotiations between the parties . The meetings shall be summarized in written minutes . Except that the provisions of this section shall be observed, the meetings shall be self-organizing. ARTICLE 3 Association Security 3 . 1 ( a) Every employee covered by this Memorandum of Under- standing shall, as a condition of employment: ( 1 ) become a member of the Association and maintain membership in the Association in good standing in accordance with its Constitution and Bylaws : or ( 2 ) shall tender, monthly, an agency fee in an amount equal to the amount of the monthly dues as outlined in subsection 3 .7 . 3 3 . 1 (b) Any employee of the City in a classification repre- sented by Association and who , on the effective date of this Memorandum of Understanding, was an employee and was not a member of the Association, and who remains an employee continuously after the effective date of this Memorandum of Understanding is exempt from the provisions of Section 3 . 1 ( a) unless the employee becomes a member of Association . 3 . 1 ( c) Any employee appointed to any classification out of the bargaining unit covered by this Memorandum of Understanding may withdraw from membership in Association and the employee ' s obliga- tion to pay an agency fee shall be suspended for the duration of such period as the individual is working for City in a job clas- sification not covered by this Memorandum of Understanding. 3 . 2 Any employee who is or who becomes a member of Association shall , as a condition of employment, maintain the employee ' s membership in Association in good standing in accordance with its Constitution and Bylaws . 3 . 3 The City shall deduct from their wages the regular mem- bership dues of employees who are members of the Association or agency fees of other employees provided for in 3 . 1 ( a) not exempted by the provisions of 3 . 1 (b) or 3 . 1 (c ) , and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 1157 . 3 of the Government Code of the State of California. 3 . 4 Deductions shall be made in equal amounts each payroll period, and a check for the total deductions shall be submitted to the Redding Public Safety Dispatchers Association, Post Office Box 992555 , Redding, California 96099 , within five ( 5) working days of the date the dues or agency fees are withheld from the employee ' s check. The City shall notify the Association of any changes in bargaining unit membership. 3 . 5 The form of check-off authorization shall be approved by both the City and the Association. 3 . 6 Upon written request from the Association, the City shall , within twenty-one ( 21 ) calendar days, terminate the employment of any employee who fails to comply with the requirements of this Article. 3 . 7 Notwithstanding the foregoing provisions of this Article, any employee with lawfully established valid objections to membership or financial support of an Association shall be permitted to make appropriate payments in lieu of payments to the Association to other appropriate organizations as established by law, in accordance with the provisions of section 3502 . 5 of the Government Code of the State of California. 4 ARTICLE 4 Grievance Procedure 4 . 1 Any grievance , which may arise between 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 Understand- ing, or with respect to such matters as the alleged discriminatory or arbitrary discharge , demotion or discipline of an individual regular employee, shall be determined by the provisions of this Article . 4 . 2 Step One : The initial step in the adjustment of a grievance shall be a discussion between the employee representative and the employee ' s immediate management-level Supervisor, who will answer within five ( 5 ) work days . This step shall be started within thirty ( 30 ) work days of the date of the action complained of or the date the grievant became aware of the incident which is the basis for the grievance . This step may be taken during the working hours of the grievant . 4 . 3 Step Two : If a grievance is not resolved in the initial step, the second step shall be a discussion between the employee representative or the Association' s Business Representative and the Division Commander who will answer within five ( 5 ) work days . This step shall be taken within five ( 5 ) work days of the date of the answer in Step One . 4 . 4 Step Three : If a grievance is not resolved in the second step, the third step shall be the presentation of the grievance in writing by the Association' s Business Representative to the Police Chief who shall answer within ten ( 10 ) work days . This step shall be taken within five ( 5) work days of the date of the Division Commander' s answer in Step Two. 4 . 5 Step Four: If a grievance is not resolved in the third step, the fourth step shall be the presentation of the grievance in writing by the Association' s Business Representative to the City Manager who shall answer in writing within ten ( 10 ) work. days The fourth step shall be taken within five ( 5 ) work days of the date of the answer in Step Three. 4 . 6 ( a) Step Five: If a grievance is not resolved in the fourth step, the fifth step shall be referral by either the City or the Association to arbitration. The fifth step shall be taken within twenty ( 20) work days of the date of the answer in Step Four. 4 . 6(b) An arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration. In the event the City and the Association are unable to agree on the selection of an arbitra- tor, they shall request the State of California Mediation and Conciliation Service to nominate five ( 5 ) persons for arbitrator . The City and Association each will alternately challenge two ( 2 ) of 5 such nominees , the party having the first challenge to be deter- mined by lot . The remaining nominee shall be accepted as arbi- trator, and the arbitrator ' s compensation and expenses shall be borne equally by the City and the Association . The City and the Association shall pay the compensation and expenses of their respective appointees and witnesses . At Association ' s request the City shall release employees from duty to participate in arbitration proceedings . 4 . 6 ( c ) The arbitrator shall hold such hearings and shall con- sider such evidence as to it appears necessary and proper . The first hearing shall be held as soon as practicable for the parties involved. The decision of the arbitrator shall be final and binding on City and 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 Understand- ing. 4 . 7 Failure by the Association to meet any of the aforementioned time limits as set forth in Sections 4 . 2, 4 . 3 , 4 . 4 , 4 . 5 , or 4 . 6 ( a) will result in forfeiture except, however, that the aforementioned time limits may be extended by mutual agreement. Whenever the City fails to provide a timely answer to a grievance at any of the foregoing steps requiring an answer by the City, the Association may go forward with the grievance at the next step of the established procedure. 4 . 8 Notwithstanding the aforementioned procedure, any individual employee shall have the right to present grievances to the City and to have such grievance adjusted without the intervention of the Association, provided that the adjustment shall not be inconsistent with this Memorandum of Understanding, and provided further, that the Association' s Business Representative shall be given an oppor- tunity to be present at such adjustment . 4 . 9 whenever the term work day or working day is used in this article, it shall mean any day that City Hall is open to the public . ARTICLE 5 Safety 5 . 1 The City Council desires to maintain a safe place of employment for City employees and to that end City management shall make all reasonable provisions necessary for the safety of employees in the performance of their work. 5 . 2 Regular safety meetings will be held bi-monthly 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. 6 ARTICLE 6 Disability and Unemployment 6 . 1 ( a) Supplemental Benefits for Industrial Injury: whenever any regular employee who is a member of the Public Employees ' Retirement System is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee ' s duties , which comes within the application of the Workers ' Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled regardless of the employee ' s period of service with the City to compensation at the rate of seventy-seven and one-half percent ( 77 . 5%) of the employee ' s regular salary, in lieu of temporary disability payments , if any, which would be payable under the State Labor Code , for the period of such disability but not exceeding one year, or until such earlier date as the employee is retired on permanent disability pension. In consideration of this benefit, the regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from workers ' Compensation, employee group insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph . 6 . 1 (b) An employee who is absent by reason of disability may be returned to work by the City on a part-time basis . The employee shall be allowed to integrate paid leave benefits with work hours up to a maximum of forty (40) hours per week. Such part-time work shall not exceed four (4 ) weeks . The City may require an employee being considered for return to work after an absence caused by disability or illness to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of the employee' s position without hazard to himself or to the employee ' s own permanent health . 6 . 1 ( c) If a third party is found to be responsible for the employee' s industrial injury and the employee receives a judgment in damages from said third party, then all supplemental benefits received as provided for in Section 6 . 1 (a) not already repaid from the other sources mentioned in Section 6 . 1 ( a) shall be repaid to the City by the employee . 6 . 1 (d) 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 the supplemental benefits to Workers ' Compensation tem- porary disability compensation as set forth in 6 . 1 ( a) for the period of such disability, but not exceeding one ( 1 ) year. 7 • 0 employees who are not entitled to the benefits as set forth in 6 . 1 ( a) , 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 the employee ' s share of the monthly premium to the City of Redding on or before the first day of the month for which the premium is intended. Holidays which occur during the period for which an employee is receiving temporary disability compensation shall not be recognized by such employee for compensation purposes . ARTICLE 7 Employee Status 7 . 1 Employees will be designated as regular, probationary, full- time temporary, or part-time on-call depending upon the purpose for which they are hired and their length of continuous service with the City. 7 . 2 A regular employee is defined as an employee who has one ( 1 ) year, or more, seniority with the City in full-time employment. 7 . 3 A probationary employee is defined as an employee hired for a full-time position that has been regularly established as an authorized position and is of indeterminate duration. A pro- bationary 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 eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of training and one ( 1 ) year of continuous full-time service with City, a probationary employee shall be given the status of a regular employee. Notwithstanding any other provision of this Article, an employee' s probationary period shall be extended by the duration of any unpaid absence of ten ( 10) or more consecutive work days . Notwithstanding any other provision of this Article, an employee' s probationary period may be extended for up to six ( 6 ) months at the discretion of the City provided that the employee is given written notice of the duration of the extension prior to completion of the normal probation period. 7 . 4 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 the employee accrue seniority, or promotion and transfer rights, or leave of absence rights . If a full-time temporary employee is reclassified to probationary status the employee shall be credited with all continuous service in determining eligibility 8 for such benefits as may accrue to the employee in the employee ' s 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 probationary employee . 7 . 5 A part-time on-call employee is defined as an employee hired on an as needed basis without restriction on the length of assignment . A part-time on-call employee shall receive not less than the fourth step of the Public Safety Dispatcher pay range but shall not be eligible for sick leave pay, holiday pay, vacation pay, insurance coverage, retirement plan participation or items of a similar nature . The employee shall not accrue seniority nor promotion and transfer rights . No employment service time of any kind, including full-time, part-time and full-time equivalency shall be credited to the employee if the employee becomes a regular employee . ARTICLE 8 wages and Classifications 8 . 1 ( a) Employees shall be paid the wage established for their classification . Upon initial appointment to a classification, an employee shall normally be paid the lowest wage rate for that classification. An employee may, however, be paid a wage rate above the lowest wage rate if circumstances justify it . Step increases will be granted as follows : After twenty-six ( 26 ) full pay periods of employment at salary step one or completion of probation, whichever occurs later and with overall satisfactory or above work performance an employee shall be advanced to salary step two . After twenty-six ( 26 ) full pay periods of employment at salary step two with overall satisfactory or above work performance, an employee shall be advanced to salary step three . After twenty-six ( 26 ) full pay periods of employment at salary step three with overall satisfactory or above work performance, an employee shall be advanced to step four. After twenty-six ( 26 ) full pay periods of employment at salary step four with overall satisfactory or above work performance, an employee shall be advanced to step five. 8 . 1 (b) Should an employee wish to appeal a denial of a step increase, the employee may do so by submitting an appeal to the Chief of Police, and if not resolved, to an advisory committee comprised of two ( 2 ) representatives designated by the Association and one ( 1 ) representative designated by Police management . The committee will consider the appeal pursuant to departmental performance standards 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 . 9 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, payments shall be made on the preceding workday. 8 . 3 When an employee is temporarily assigned to work in a classification lower than the employee ' s regular classification, the employee ' s rate of pay will not be reduced. 8 . 4 ( a) Whenever any employee is assigned to shift work and performs duties between the hours of 4 : 00 p .m. and 12 : 00 Midnight, the employee shall receive shift differential pay of three and one- third percent ( 3-1/30) of the employee ' s regular hourly rate of pay for each hour worked between the hours set forth above , regardless of whether those hours are compensated therefor on a straight time or an overtime basis . 8 . 4 (b) Whenever any employee is assigned to shift work and performs duties between the hours of 12 : 00 Midnight to 8 : 00 a .m. , the employee shall receive shift differential pay of five percent ( 50) of the employee ' s regular hourly rate of pay for each hour worked between the hours set forth above, regardless of whether those hours are compensated therefor on a straight time or an overtime basis . 8 . 5 Attached hereto and made a part hereof is Exhibit "A" entitled "Schedule of Wage Rates . " 8 . 6 Attached hereto and made a part hereof is Exhibit "C" entitled Public Safety Dispatcher Performance Standards . ARTICLE 9 Hours and Overtime 9 . 1 All regular employees will receive full-time employment for each workweek employed, provided they report for duty and are capable of performing their work. This is not to be interpreted that the City does not retain the right to lay off or release employees on account of lack of work or other valid reason at the end of the workweek. 9 . 2 Each employee shall report for work at the employee' s regularly established headquarters and shall return thereto at the conclusion of the day' s work and the time spent in traveling between such headquarters and the job site shall be considered as time worked. 9 . 3 ( a) A workweek is defined to consist of seven ( 7 ) consecu- tive calendar days , Sunday through Saturday, and a basic workweek is defined to consist of five ( 5 ) work days of eight ( 8 ) hours each. The basic workweek may begin on any day of the week or at any hour of the day during the workweek. For those employees assigned to daytime duty, the regular work hours shall be 8 : 00 a.m. 10 to 12 : 00 noon , and 1 : 00 p. m . to 5 : 00 p . m . For those employees who are assigned to shift work, the regular shift shall consist of eight ( 8 ) consecutive hours with a meal break near the middle of the shift . Shift work hours are 4 : 00 p . m. to 12 : 00 midnight , 12 : 00 midnight to 8 : 00 a . m . and 8 : 00 a . m . to 4 : 00 p.m . The foregoing work shifts may, however, be changed by mutual agreement between the parties . whenever it becomes necessary to reschedule any employee ' s work days and/or work hours , the City will give as much notice as possible and in any event not less than five ( 5 ) days notice in advance of the schedule change . Whenever employees are rescheduled as set forth above , they shall receive at least twelve ( 12 ) hours off between shifts . Notwithstanding the foregoing provisions on shift work hours , the City will on a trial basis effective with the shift cycle starting approximately July 1 , 1993 , establish one ( 1 ) position on each of two ( 2 ) cover shifts with work hours of twelve ( 12 ) noon to eight ( 8 ) P .M. and eight ( 8 ) P .M. to four ( 4 ) A.M. The Chief of Police , or designee , may at his sole discretion discontinue the trial and the use of cover shifts . 9 . 3 (b) Regular employees who are routinely assigned to dis- patching shall select shifts and days off by seniority with the department except as otherwise provided herein . The City will post the schedule sign-up sheet at least sixty ( 60 ) days prior to the scheduled beginning date, in order to allow employees to specify their preference for a shift schedule . In order to expedite shift sign-uvs , management may Opt to personally notify an employee that it is that employee ' s turn to sign up. Such employee shall have twenty four ( 24 ) hours from the time of notification to exercise selection rights . An employee so notified who fails to exercise such selection rights within the twenty four ( 24 ) hour period may be passed and placed at the end of the seniority list for that scheduled sign-up. In no event , shall an employee have less than twenty four ( 24 ) hours to sign up. Shifts will be scheduled every three ( 3 ) months and Management will post the schedule fifteen ( 15 ) days in advance of the schedule' s effective date, provided that all affected employees have submitted shift requests on a timely basis . An employee will not be permitted to remain on a given shift in excess of nine ( 9 ) consecutive months . Days off are to be selected from those slots which have been scheduled by the City. Employees may be reasonably assigned to days off and shifts based on operational needs . Any administrative adjustment in assignment made after posting of the shift schedule shall not give any employee the right to displace another employee from a shift , days off , or vacation period. At the sole discretion of the Chief of Police , recognizing that shift rotation to all shifts may have a desirable impact on employee maintenance of skills , efficiency, safety, effectiveness and fairness , if the Chief of Police determines operational needs require an employee to be placed on a particular shift in order to experience unique working conditions of that shift, the employee will be notified in writing in advance of the shift sign-up so that the employee may exercise days off selection rights . Whenever the Chief of Police assigns a employee 11 to a particular shift , as set forth above , the Chief ' s decision shall be final and binding and not subject to the grievance procedure contained in this MOU. Notwithstanding the foregoing provisions establishing a three ( 3 ) month cycle , the Chief of Police , or designee , in his sole discretion, may change the shift schedule from a three ( 3 ) month cycle to four ( 4 ) month cycle . 9 . 4 Overtime is defined as ( a) time worked in excess of forty ( 40 ) hours in a workweek, (b) time worked in excess of eight ( 8 ) hours on a scheduled workday, ( 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 ( 1/4 ) hour. Time worked as defined in ( a) or ( c ) above as a result of a shift change shall not be regarded as overtime for compensation purposes . 9 . 5 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, providing it is legally permissible and has City approval , the employee may elect to receive time off with pay at the rate of one and one-half ( 1-1/2 ) hours off for each overtime hour worked. Compensatory time off with pay shall be scheduled in the same manner as vacations are normally scheduled. 9 . 6 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 two ( 2 ) hours compensation . If an employee who is called out for such work outside of the employee ' s regular hours on a workday continues to work into the employee ' s regular hours , the employee shall be paid overtime compensation only for the actual time worked. If an employee performs overtime work immediately following the end of the employee' s regular shift, the employee shall be paid overtime compensation only for the actual time worked. 9 . 7 Scheduled overtime shall be distributed as equally as is practicable among those employees who are qualified and available and who volunteer for overtime work. Unscheduled overtime shall be distributed by seniority preference among those employees who are qualified and who volunteer for overtime work in the following order: First, among employees who are working at the time the unscheduled overtime need occurs; second, among the employees who are scheduled to work the shift following the shift for which overtime work is needed; third, among employees who are on their scheduled days off . In the event no employee volunteers for the unscheduled overtime assignment, the overtime assignment shall be given to the least senior qualified employee on duty and/or the least senior qualified employee scheduled for the shift following the shift for which the unscheduled overtime is required. 12 Management may make exceptions to the foregoing in the event that overtime is placing an undue burden on the less senior employees . The City shall not require employees who have worked overtime to take equivalent time off during a workday without pay. 9 . 8 Notwithstanding any provision to the contrary, employees may, with prior City approval , trade shifts with each other, provided, however, that the trade is consummated within thirty ( 30 ) calendar days; t-pre-gay-peTA,&d no overtime premium pay shall be earned by either employee as a result of the trade and the City is held harmless from any additional expenses as a result of the shift trade . If an employee involved in a shift trade fails to report for duty, that employee shall have the regular shifts compensation deducted from the employee ' s next payroll check, regardless of whether or not the City incurs any additional liability. In addition, if the City were required to call in another employee on an overtime basis , the employee who failed to report for duty shall have the overtime compensation premium amount also withheld from their regular compensation . Furthermore, any employee who fails to appear for duty on a shift assigned as a result of a shift trade and alleges illness , shall not be entitled to receive sick leave compensation . The City may however, in its sole discretion, allow the employee to receive compensation from other forms of paid time off compensation available to the employee, such as vacation pay. The Chief of Police , in his sole discretion may at any time discontinue any shift trade practices . ARTICLE 10 Seniority 10 . 1 Seniority is defined as total length of continuous service with the City. In determining an employee' s seniority the continuity of the employee ' s service will be deemed to be broken by termination of employment by reason of ( 1 ) resignation, ( 2 ) discharge for cause , ( 3 ) layoff for more than six ( 6 ) consecutive months , ( 4 ) failure to return immediately on the expiration of a leave of absence or acceptance of other full-time employment while on leave, or ( 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, under any Act of Congress which provides that the employee is entitled to re- employment rights, (b) on duty with the National Guard, (c ) absent due to industrial injury, (d) on leave of absence or (e) absent due to layoff for a period of less than six ( 6) consecutive months . Whenever two ( 2 ) or more employees are hired on the same date and therefore have the same seniority, ties in seniority will be broken by the employees ' test scores established at the time of appointment with the employee with the higher test score being regarded as senior to the other. 13 ARTICLE 11 Promotion and Transfer 11 . 1 All promotions and transfers shall be in accordance with standards and procedures as determined by the City. 11 . 2 Whenever a vacancy occurs in any job classification which the City wishes to fill , the City may at its discretion , temporarily fill such vacancy. If practicable, the City will fill such temporary vacancy with the most qualified and available employee . ARTICLE 12 Demotion and Layoff 12 . 1 When it becomes necessary for the City to lay off regular employees , the City will, give employees involved as much notice as possible; but in no event will such employees receive less than two ( 2 ) weeks ' notice of layoff . Where probationary or temporary employees are to be laid off, no notice of layoff need be given. Regular employees shall not be laid off until all probationary and temporary employees have been laid off . 12 . 2 Order of layoff of regular employees due to lack of work will be determined by an employee' s seniority. 12 . 3 Regular employees who are laid off will be given preference in filling future vacancies for a period of up to six ( 6 ) months , providing they keep the City advised of their current address . 12 . 4 Notwithstanding the provisions of this Article the City' s Labor Relations Representative and the Association may agree to other procedures during the term of this Memorandum of Understanding. ARTICLE 13 Leave of Absence 13 . 1 Leave of absence may be granted to regular employees by the City Manager for urgent and substantial reasons, up to a maximum of one year, providing satisfactory arrangements can be made to perform the employee' s duties without undue interference with the normal routine of work. Inability to return to work after an employee ' s sick leave has been exhausted will be considered as an urgent and substantial reason and in such cases a leave will be granted. 13 . 2 A leave of absence will commence on and include the first work shift on which the employee is absent and terminate with and include the work shift preceding the shift the employee returns to work. 14 13 . 3 All applications for leave of absence shall be made in writing except when the employee is unable to do so . The condi- tions 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 the employee ' s former position and working conditions providing that the employee is capable of performing the duties of the employee ' s former position, except that if there has been a reduction of forces or the employee ' s position has been eliminated during said leave , the employee will be returned to the position the employee would be in, had the employee not been on a leave of absence . 13 . 4 An employee ' s status as a regular employee will not be impaired by such leave of absence and the employee ' s seniority will accrue . 13 . 5 If an employee fails to return immediately on the expiration of the employee ' s leave of absence of if the employee accepts other full-time employment while on leave, the employee will thereby forfeit the leave of absence and terminate the employee' s employment with the City. 13 . 6 An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group insurance coverage . An employee may, however, at the employee ' s option and expense, maintain the employee ' s group insurance coverage providing the full monthly premium is received in the Finance Department of the City on or before the first day of the month for which the premium is intended. Notwithstanding the above, however, if the leave of absence is a result of exhaustion of sick leave benefits , an employee ' s group insurance may be maintained for up to three ( 3 ) calendar months on the normal premium-sharing formula, providing the employee pays the employee' s share of the premium on a timely basis . ARTICLE 14 Expenses 14 . 1 Whenever an employee uses the employee' s personal automobile for the City' s convenience, the employee will be reimbursed therefor at the same rate per mile as established for non- represented City employees . 14 . 2 Employees who are assigned to temporary work at such distance from their regular headquarters that it is impractical for them to return thereto each day, or 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 to be designated by the City. The time spent by such employees in traveling to such temporary job at its begin- 15 ning, to and from home on holidays and weekends , and from such temporary job at its conclusion and any reasonable expense incurred thereby will be paid by the City. 14 . 3 Whenever an employee is required to work four ( 4 ) hours or more overtime immediately preceding or following a regular eight ( 8 ) hour shift , the employee shall be entitled to receive a seven dollar ( $7 . 00 ) meal allowance . ARTICLE 15 Sick Leave 15 . 1 Sick leave with pay shall be accumulated for each regular and probationary employee at the rate of forty-six thousandths ( . 046 ) of an hour for each regular hour worked, or on paid leave . (Accrual rate approximately one ( 1 ) day per month. ) 15 . 2 Sick leave shall be allowed for a non-work related absence due to : ( a) the inability of an employee to be present or perform the employee ' s duties because of personal illness , off-duty injury, or confinement for medical treatment; (b) personal medical or dental appointments , which are impractical to schedule outside of regular working hours; (c) the need to be present during childbirth, surgery, critical illness or injury involving members of the immediate family as defined in 16 . 1 , for up to one regularly scheduled work day per incident . 15 . 3 Management may require satisfactory evidence of sickness 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 for medical reasons to submit to a medical examination by a physician or physicians approved by the City for the purpose of determining that such employee is physically fit and able to perform the duties of the employee' s former position without hazard to the employee, or to fellow employees , or to the employee ' s own permanent health. Such examination or examinations shall be at the sole expense of the City. 15 . 4 If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave, the employee shall receive pay for the holiday as such, and it shall not be counted as a day of sick leave. 15 . 5 Any employee who after ten ( 10) years of service to the City terminates employment, shall be paid at the employee' s regular pay rate for thirty-three and one-third percent ( 33 1/3%) of the employee ' s accumulated sick leave hours . For employees with fifteen ( 15 ) years or more but less than twenty ( 20) years of 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 16 sixty percent ( 600) . 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 . ARTICLE 16 Funeral Leave 16 . 1 Regular and probationary employees who are absent from work due to the death of a member of the employee ' s "immediate family" shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to exceed forty ( 40 ) working hours . "Immediate family" as used herein includes only employee ' s spouse, children, grandchildren, brothers , sisters , parents , or grandparents of either spouse or other persons who are living in the employee ' s immediate household. 16 . 2 Regular employees who are absent from work to attend the funeral of a person other than an immediate family member shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to exceed one ( 1 ) regularly scheduled work day per funeral . A maximum of three ( 3 ) working days per calendar year may be utilized for this type of leave . ARTICLE 17 Holidays 17 . 1 Regular and probationary employees , except as otherwise provided herein, shall be entitled to have the following holidays off with pay: (a) January 1st (b) February 12th, known as "Lincoln Day" (c) The third Monday in February (d) The last Monday in May (e) July 4th ( f) First Monday in September (g) Employee' s birthday (h) The second Monday in October, known as "Columbus Day" ( i) November 11th, known as "Veterans Day" ( j ) Thanksgiving (k) Friday after Thanksgiving (1 ) The last four (4 ) work hours before Christmas (m) December 25th If any of the foregoing holidays falls on a Sunday, the Monday following shall be observed as the holiday, except by those employees who are regularly scheduled to work on Sunday other than on an overtime basis . Employees who are regularly scheduled to 17 work on Sundays shall observe such holidays on Sunday. If any of the foregoing holidays falls on a Saturday, the preceding Friday shall be observed as the holiday, except by those employees who are regularly scheduled to work on Saturday other than on an overtime basis . Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday. If any of the foregoing holidays 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 same manner as vacation days are normally scheduled. Notwithstanding the foregoing with fifteen ( 15 ) days notice an employee may observe the employee ' s birthday holiday on the employee ' s birthday. If an employee fails to give fifteen ( 15 ) days advance notice the holiday will be deferred and scheduled as vacations are normally scheduled. 17 . 2 Notwithstanding the foregoing, employees may be scheduled to work on holidays , in which event any such employee will , in addition to 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 normally 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 day. ARTICLE 18 vacations 18 . 1 ( a) Regular and probationary employees of the City shall accrue vacations with pay as follows : 18 . 1 (b) At the rate of thirty-nine thousandths ( . 039 ) of an hour for each regular hour worked, or on paid leave, from the one hundred fourth ( 104th) full pay period of employment . (Accrual rate approximately two ( 2 ) weeks per year up to four ( 4 ) years of service . ) 18 . 1 (c) At the rate of fifty-eight thousandths ( . 058 ) of an hour for each regular hour worked, or on paid leave, from the one hundred fourth ( 104th) full pay period through the two hundred thirty-fourth ( 234th) full pay period of employment . (Accrual rate approximately three (3) weeks per year after four (4 ) years of service . ) 18 . 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. ) 18 18 . 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 . ) 18 . 1 ( f ) 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 nineteen ( 19 ) years of service. ) 18 . 1 ( g) At the rate of ninety-six thousandths ( . 096 ) of an hour for each regular hour worked, or on paid leave, from and after the six hundred twenty-fourth ( 624th) full pay period of employment . (Accrual rate approximately five ( 5 ) weeks per year after twenty- four ( 24 ) years of service . ) 18 . 1 (h) A full pay period as used in this Article is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours . 18 . 1 ( 1) Effective January 1 , 1991 , the maximum vacation time which can be accrued by a regular employee is five hundred ( 500 ) hours . 18 . 1 ( j ) Effective January 1 , 1990 , 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 January 1 , 1991 , earned vacation hours in excess of the five hundred ( 500) hours maximum will not be accumulated. Between January 1 , 1990, and January 1 , 1991 , employees who are at the five hundred ( 500) hour maximum should endeavor to reduce their vacation balance by an amount greater than their annual vacation accrual . For such employees , during the above dates, used vacation time and vacation cash outs will be deducted from the employee ' s regular vacation accrual account . 18 . 1 (k) It is City policy that employees take their normal vacation each year at such time or times as may be approved by the Department . "Normal" as used in this section, means the employees ' previous twelve ( 12 ) month accrual of vacation time . 18 . 1 ( 1) In the event of departmental cancellation of a previously scheduled vacation or of a paid leave of absence due to industrial injury where such employee would exceed the maximum vacation accrual , the accumulation of vacation hours may exceed the five hundred ( 500) hour maximum. Whenever such excess accruals occur, 19 the employee shall have one ( 1 ) year from the date the vacation was canceled or from the date the employee returns to work from illness or injury to utilize the excess accrual . Any excess accrual that remains at the end of such period shall be forfeited . 18 . 2 Vacation cannot be accrued while an employee is in a non- pay status . 18 . 3 Vacations will be scheduled throughout the calendar year with employee sign-up for their preferred vacation time period at the beginning of the calendar year and at the beginning of each shift schedule change . Employees with greater seniority will be given preference over those with less seniority in the selection of a vacation period, provided, however, that if the senior employee splits the employee ' s vacation by requesting less than a full years allowance to be scheduled on consecutive workdays , the employee ' s preferential rights shall only apply on one period in that sign-up period prior to all other employees being given consideration in the selection of their first choice vacation period. A senior employee may not displace a less senior employee from a previously approved vacation period, 18 . 4 The City shall not require an employee to take the employee ' s vacation in lieu of sick leave or leave of absence on account of illness . 18 . 5 If a holiday which an employee is entitled to have off with pay occurs on a workday during the employee' s vacation period, such employee will be entitled to an additional day of vacation and will be compensated for isame . 18 . 6 Employees whose employment with the City is terminated for any reason shall , at the time of termination, receive any unused vacation period previously earned. -18 . 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. whenever any employee has accrued two hundred forty ( 240) 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 eighty ( 80) hours of accumulated vacation during any fiscal year . Payments for unused vacation shall be limited to no more than once each fiscal year. ARTICLE 19 Uniforms 19 . 1 To the extent uniforms are required at the time of employment, an initial allowance of $390 . 00 shall be paid for the initial purchase of three ( 3 ) sets of uniforms as listed in Section 19 . 3 . Uniform allowances will be paid by separate checks and not 20 combined with employee normal salary check . The second annual uniform allowance will be paid in July and will be a pro-rated amount for that period of employment time from the employee ' s first employment anniversary date until the following July 1 . Thereafter, the full annual uniform allowance of $390 . 00 per year will be paid in July of each year for the purpose of maintenance and replacement of uniforms for the ensuing year . The allowance is not a reimbursement for the prior year . 19 . 2 Voluntary resignation in the first thirty ( 30 ) days of employment shall result in one hundred percent ( 100%) repayment of the one-time uniform purchase allowance . Voluntary resignation after thirty ( 30 ) days , but less than six ( 6 ) months , shall result in fifty percent ( 50%) repayment of the one-time uniform purchase allowance . Voluntary resignation after six ( 6 ) months , but less than one ( 1 ) year or completion of probation, whichever is sooner , shall result in twenty-five percent ( 250) repayment of the one-time uniform purchase allowance . Failure to complete probation or termination by the City prior to continuous service of one( 1 ) year voids the pay-back provision. 19 . 3 The initial uniform allowance is for three ( 3 ) uniforms sets , as follows : APPROXIMATE ITEM QUANTITY VALUE Uniform Jacket 3 $198 . 00 Uniform Blouse/Shirt 3 78 . 00 Uniform Slacks/Skirt 3 109 . 00 Uniform patches sewn on 3 5 . 00 Total annual uniform allowance: $390 . 00 19 . 4 If the City decides to discontinue the requirement for employees to wear uniforms, the parties will meet for the purpose of establishing a mutually acceptable dress code for all employees which is appropriate for the work function. 19 . 5 Effective July 3 1994 a uniform allowance in the amount of $195 . 00 will be vaid for the ensuing fiscal year ARTICLE 20 Miscellaneous 20 . 1 A regular or probationary employee who is summoned for jury duty and is thus unable to perform the employee' s regular duties will be paid for the time lost at the employee' s regular rate of pay. Except for jury duty service outside of Shasta County, the employee will deposit all jury duty funds with the City Treasurer. 21 20 . 2 Any employee , at the employee ' s request , shall be permitted to review the employee ' s own personnel file . The file may not , however, be removed from the Personnel Office . 20 . 3 All employees shall be evaluated at least annually on the employees ' employment anniversary date with the evaluation covering no more than the previous twelve ( 12 ) months of service . An employee who disagrees with the evaluator' s statements or conclusions with respect to the employee evaluation report shall have the right to review such evaluation report with the City' s Director of Personnel Services and upon request , shall have the right to have a Association representative present . The employee will have thirty ( 30 ) days in which to file a written response . 20 . 4 Attached hereto and made a part hereof is Exhibit "B" entitled "Substance Abuse Policy. " 20 . 5 As the Chief of Police , or designee , determines that employees ' headsets need to be replaced, such headsets will be replaced with custom fitted ear pieces . 20 . 6 The City will provide employees with adjustable orthopedic chairs for use in their dispatching assignment. 20 . 7 In the event the ioint-powers dispatch agency ( Shascom) employs a Public Safety Dispatcher who is terminating employment with the City of Redding to accept a dispatch position with Shascom . the City agrees to amend this MOU to allow such emplovee the individual option to transfer all or part of any leave balance to Shascom if such option is determined to be permissible under Shascom rules or policies , approved by the applicable legislative bodies , and to the extent not prohibited by law. ARTICLE 21 Employee Benefit Programs 21 . 1 Retirement Plan: All regular and probationary 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 sixty ( 60) , normal retirement age sixty ( 60 ) , one year' s compensation in benefit formula, 1959 Survivors Benefits , Post-Retirement Survivors allowance, credit for unused sick leave and military service credit. The City pays the employees ' full cost of participation in the Public Employees ' Retirement System. 21 . 2 ( a) Group Insurance : All regular employees and all proba- tionary employees are eligible to participate in the group insur- ance benefit program, effective the first day of employment . The City shall pay the full cost of the program for both employee and dependents . The major elements of the group insurance benefit program are: 22 1 ) Life Insurance : ( twice the annual salary for employee , $3 , 000 for employee ' s dependents ) ; 2 ) Health Benefits : $100 deductible per person per year except for accidents which shall have none; 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 ; 3 ) Dental Benefits : ( including orthodontia; with 50% payment up to $2000 per person per lifetime) ; 4 ) Long Term Disability: After three ( 3 ) months , sixty ( 60 ) percent of employee ' s salary integrated with all other income benefits payable to age 65 . For those employees who decline coverage in the City' s plan, and elect to be covered by the Association' s long term disability insurance plan, the City will contribute to the Association' s plan an amount on behalf of the employee which is the lesser of the full cost of the Association' s plan, or the amount of the cost of the City' s plan . 5 ) Vision : Vision Service Plan A for employee and dependents . The City may, if practicable, modify the group insurance program set forth above by adding utilization review and by creating pre- ferred provider organization programs which create financial incentives for the employee to use such preferred provider ser- vices , 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 . 21 . 2 (b) The City will pay fifty percent ( 500) of the group med- ical 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 . 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 retiree except as set forth above . Following the death of a retiree the surviving spouse, if any, may continue the insurance at their own expense until becoming eligible for participation in any other group 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. 21 . 2 ( c) The health benefit plan as set forth in number 2 of 21 . 2 ( a) above, provides for payment equal to fifty percent ( 50%) of the cost for the first six ( 6 ) visits of outpatient benefits for 23 treatment of mental and nervous disorders . The City will reimburse those employees for their cost for the first twelve ( 12 ) visits of the benefits set forth above , provided the employee submits the necessary documentation to support the expense , and request for reimbursement to the Personnel Office . ARTICLE 22 Entire Agreement 22 . 1 The parties acknowledge that during the negotiations which resulted in this Memorandum of Understanding each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the scope of negotiations , and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in the Memorandum of Understanding. Therefore, the City and the Association, for the duration of this Memorandum of Understanding, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain with respect to any subject or matter referred to, or covered in this Memorandum of Understanding, or with respect to any subject or matter not specifically referred to, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Memorandum of Understanding. ARTICLE 23 Term 23 . 1 This Memorandum of Understanding, having taken effect as of December 6 , 1988 shall continue in full force and effect until the City no longer provides Public Safety Dispatcher services . -tuke f -deny--aE-Jitlrr;-+994-and- +ror-yeer-te-year-tin-less w-rfttee- -or -be-qt v e n-by-et their fra-rty► the enc i�etfan-dete-of-eifty-Tee-r-the-resf teT- 23 . 2 Notwithstanding the foregoing, this agreement will become null and void should the City no longer provide Public safety Dispatcher services . This includes , but is not limited to, City joining a joint powers agency to provide these services . 23 . 3 whenever notice is given for changes, the general nature of the changes desired must be provided within thirty ( 30 ) days of the notice and until a satisfactory conclusion is reached in the matter of such changes, the original provision shall remain in full force and effect. 23 . 4 This Memorandum of Understanding shall not be amended or supplemented except by agreement of the parties hereto, reduced to writing and duly signed by each. 24 23 . 5 Any provision of this Memorandum of Understanding which may be in conflict with any Federal or State law, regulation or executive order shall be suspended and inoperative to the extent of and for the duration of such conflict; the balance of this Memorandum of Understanding, however, shall remain in full force and effect . IN WITNESS WHEREOF, the parties have executed amendments to this Memorandum of Understanding on this day of July, 1994 to be effective July 3 , 1994 . CITY OF REDDING REDDING PUBLIC SAFETY ASSOCIATION DISPATCHERS Sam McMurry Jan " t Smith Assistant City Manager Px�sident / c Charles Bya Cheryl rewitz Police Captain Vice Pr ident 1"Id 04 C Lina � onHassell` Berry Steve len- Manageme.nt" Analyst iJ Labor Representative T James Bristow tirector of Personnel c, 25 EXHIBIT "A" SCHEDULE OF WAGE RATES Effective : July 3 , 1994 Step 5 Monthly Classification Hourly Pay Rate Salary Step ectuivalent 4 5 Public Safety Dispatcher $11 . 32 $11 . 90 $12 . 41 $13 . 04 $13 . 69 $2 , 373 1 Exhibit "B" SUBSTANCE ABUSE POLICY Table of Contents Section Page No Section I . POLICY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section II . MANAGEMENT AND SUPERVISORY RESPONSIBILITIES . . . . . 4 Section III . TRAINING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section IV. SUBSTANCES FOR WHICH TESTING WILL OCCUR. . . . . . . . . 5 Section V. SUBSTANCE TESTING PROCEDURES . . . . . . . . . . . . . . . . . . . . 5 Section VI . REHABILITATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section VII . DISCIPLINARY ACTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section VIII . MEDICAL REVIEW OFFICER. . . . . . . . . . . . . . . . . . . . . . . . . 12 Section IX. CONFIDENTIALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section X. SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Attachment "A" CUT-OFF LEVELS FOR SUBSTANCE ABUSE TESTING. . . . . 14 Attachment "B" RESPONSIBILITIES OF THE MEDICAL REVIEW OFFICER 15 Attachment "C" CONSENT FORM TO DRUG TESTING. . . . . . . . . . . . . . . . . . . 17 1 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 PHILOSOPHY Police department employees represent the City to the general public in highly visible and often stressful situations . As a result, Public Safety Dispatchers must make critical decisions that affect both public safety and the safety of fellow employees . Because the role of public safety 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 PURPOSES 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 RPSDA bargaining unit. D. GUIDING 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. 2 . Deterrence/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 2 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 . RULES 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 primary 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 illegal or controlled drugs , and any attempt to offer to sell or distribute illegal or controlled drugs by any employee at any time except in the performance of the employee' s responsibilities is prohibited. 3 . Employees shall not report for work 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 employee ' s responsibilities is prohibited. 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. S . 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. 3 7 . Employees shall report on duty conduct prohibited 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 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 participation 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 . 4 • 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. IV. SUBSTANCES FOR WHICH TESTING WILL OCCUR The City will test for substances included in NIDA (National Institute of Drug Abuse) standards as such lists exist at the time of testing. Currently substances included under NIDA standards are as follows : A. Marijuana ( Cannabinoid) B . Cocaine C . Opiates (narcotics such as heroin, morphine , codeine and other medicinal narcotics) D . Phencyclidine ( PCP) E . Amphetamines ( racemic amphetamine , 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 . Voluntary When an allegation against an employee not rising to the level required for reasonable suspicion testing occurs , an employee may volunteer to submit to drug/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 of being 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 classification of Communications/Records supervisor or above. ) The observing supervisor(s) must have been trained in the detection of drug and alcohol use, and shall describe and document: 5 ( 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 of the employee ' s behavior, leads the supervisor( s ) to believe that drug or alcohol use may be a contributing factor; ( 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 internal 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 circumstances leading to the issuance of the order, including the names of all witnesses . 3 . Internal or Administrative Investigations 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 a critical incident while performing Public Safety Dispatch duties . For this purpose a critical incident shall be defined as : ( 1 ) Handling a 911 call involving threats or acts of violence, ( 2 ) Facilitating a response of Police, Fire or Medical units . (3 ) other life threatening incidents b. Involvement in an accident (while on pay status and operating a City vehicle) that results in injury to the employee or another person, or in significant property damage. 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 . 6 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 Public Safety Dispatchers . The universe for selection purposes will consist of all Public Safety Dispatchers . 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 NIDA standards as they exist at the time of testing and will be performed at a NIDA 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, a Division Commander, or a Police Services Supervisor. 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 . The 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 7 will be considered to be insubordination for failure to follow a direct order . An employee taking 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 NIDA standards . The representative may join them should he/she desire to do so . 6 . A supervisor will transport and/or 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 NIDA 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 NIDA 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. 8 1 12 . The Chief of Police , or designee , will provide an opportunity for the employee to meet with him/her and discuss the drug test result . 13 . If the result is positive, rehabilitation and/or 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 NIDA standards and shall be performed by the NIDA certified laboratory. The NIDA 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 worked for overtime purposes . VI . REHABILITATION A. METHODS OF REFERRAL Employees may be referred to rehabilitation programs in the following manners : 1 . Voluntary 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 by 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. 9 For the purpose of this section "legal drug" shall be defined as over-the-counter and/or prescription drugs . 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 ultimately subject to the decision of the Chief or his designee . The employee 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 or outpatient rehabilitation care, provided by a City approved drug rehabilitation facility. 3 . If recommended by the Counselor and treatment 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 RPSDA. 4 . The Counselor and the treatment facility, if used, must certify 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. 10 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 of Police . 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 MCU during absences for rehabilitation and aftercare programs . If no such accrued leave is available, the employee will be in a non-pay status . 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 will 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-off levels established by NIDA as they exist at the time of testing (Attachment "A) ; B. Refuses required testing pursuant to this Policy; C. Adulterates or otherwise interferes with accurate testing required pursuant to this Policy; 11 D . Fails to comply with the provisions of the return to work and aftercare programs ; E . Has used illegal drugs while employed as a Public Safety Dispatcher by the City of Redding; F . Has abused prescription drugs while employed as a Public Safety Dispatcher by the City of Redding; 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 NIDA standards will receive laboratory results generated by drug/alcohol testing. B . The responsibilities of the MRO are outlined in Attachment "B" . These responsibilities are consistent with NIDA 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 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 records 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 custody 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: 12 0 . 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 affected 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 program, 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. E . when a drug/alcohol test is ordered, 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 will be identified to the Medical Review officer, in accordance with NIDA standards . F. To provide for the maintenance of confidentiality as required above, supervisors will be informed on a need-- to-know 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. 13 ATTACHMENT "A" CUT-OFF LEVELS FOR SUBSTANCE ABUSE TESTING TEST RESULTS Initial test Drug or Method cutoff Drug Class Amphetamines EMIT 1000 ng/ml Barbiturates EMIT 300 ng/ml Benzodiazepines EMIT 200 ng/ml Cannabinoid 100 EMIT 100 ng/ml Cocaine Metabolite EMIT 300 ng/ml Methaqualone EMIT 300 ng/ml Opiates EMIT 300 ng/ml Phencyclidine EMIT 25 ng/ml Alcohol EA 50 mg/dl Confirmation Test Drug or Drug Class Method Cut-Off Amphetamines GC/MS 250ng/ml Barbiturates GC/MS 200ng/ml Benzodiazepines GC/MS 100ng/ml Cannabinoid 100 GC/MS long/ml Cocaine Metabolite GC/MS 150ng/ml Methaqualone GC/MS 100ng/ml Opiates GC/MS 150ng/ml Phencyclidine GC 50mg/dl 14 ATTACHMENT "B" A. Medical rReview Officer shall review results . An essential part of the drug testing program is the final 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 possible 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 officials . B . Medical Review Officer - gualifications and responsibilities The Medical Review Officer shall be a licensed physician with knowledge 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 carrying out this responsibility, the Medical Review Officer shall 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 confirmed positive test could have resulted from legally prescribed medication. The Medical Review Officer shall not, however, consider the results of urine samples that are not obtained or processed in accordance with NIDA standards . C. Positive test result . Prior to making 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 Officer verifies a confirmed positive result for opiates, he/she shall determine that there is clinical evidence--in addition to the urine test--of 15 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 . ) E . Re-analysis 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 re-analysis of the original sample and such re-tests are authorized only at laboratories certified by D.H.H. S . The Medical Review Officer shall authorize a re- analysis 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 for the positive test result, the Medical Review officer shall report the test result to the employer as negative . G. Result scientifically insufficient . Additionally, the Medical Review Officer, based on review of inspection reports , quality control data, multiple samples , and other pertinent results, may determine that the result is scientifically insufficient for further action and declare the test specimen negative . In this situation the Medical Review Officer may request re analysis of the original sample before making this decision. The laboratory shall assist in this review process as requested by the Medical Review Officer by making available the individual responsible for day-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. 16 RELEASE OF INFORMATION CONSENT TO DRUG TESTING I , do hereby give my consent to REDDING INDUSTRIAL AND OCCUPATIONAL HEALTH MEDICAL GROUP , INC. , hereinafter referred to as "RIGH" , 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 4$ OVER THE COUNTER (OTC) DATED: SIGNATURE IDENTIFICATION DATED WITNESS 17 Exhibit "C" PUBLIC SAFETY DISPATCHER PERFORMANCE STANDARDS 1 . Internal Relations A. Conduct yourself and your work in a manner that reflects a positive influence on the personnel you work with and other agency employees . 1 . Maintain a professional and positive demeanor. a. Confront problems directly and positively in an effort to reach a logical conclusions . 2 . Assist others in the work place to promote team work. 3 . Malicious gossip and slanderous comments are prohibited in the work place. 4 . Respect the privacy of others on and off the job. 5 . Understand and follow the chain-of-command. 2 . External Relations A. Do your job in a manner that reinforces good public relations, including, but not limited to: 1 . Treat everyone with respect, in person and by phone. 2 . Exhibit a genuine interest . a. Avoid sarcastic and derogatory remarks . b. Listen carefully and show concern. 3 . Racial , religious , ethnic, sexual slurs, or profanity are prohibited. 4 . Respond to citizen requests in a factual , accurate, prompt, and courteous manner. 5 . Immediately confront potentially harmful situations to avoid escalation. 6 . Provide assistance to other agencies in a timely manner. 7 . Prioritize telephone calls . 1 S . Prioritize dispatch of calls for service . a. Elapsed time from receipt of information to actual dispatch or notification to Sergeant . 0 Emergency - seconds or as soon as practical 1 Priority 1 - 60 seconds or as soon as practical 2 Priority 2 - 5 minutes 3- Priority 3 - 30 minutes B . Conduct yourself in a manner which will avoid complaints or claims against you or the City of Redding. 3 . Work Habits A. Ready for work and at your work station at the beginning of your shift . B. Properly dressed in accordance with written Uniform Policy. C. Meal breaks limited to 30 minutes , unless approved by your supervisor in advance . If you use the lunchroom, you are expected to clean up your mess . D . Limit conversations which interfere with your work and the work of others . 1 . Avoid loud background noise and conversation. E . Headset worn when assigned to the police console at all times , no exception. F. Work area left in a neat and clean condition upon termination of your shift . G. On-coming supervisor/shift briefed regarding any problems or work left to be done. H. Abuse of sick leave prohibited. I . Consistent accuracy in interpreting information from R/P and adhering to department policies . 1 . 95% consistency expected within evaluation period. 4 . Safety A. Safety hazards will be reported following established procedure and/or corrected immediately. 2 B . Abuse of equipment/facility is prohibited. 5 . Equipment and Facility Management A. Use and maintain equipment and the facility in a manner which assures good working order. B . Immediately investigate suspected or known abuse or loss of equipment . Report such incidents to your supervisor in writing. 1 . To include malfunctions and damage of mechanical , electrical , plumbing, and structural equipment . 2 . Take immediate corrective action where appropriate . 6 . Special Assignments A. Readily accept additional assignments and projects outside of the scope of normal job responsibilities . 7 . Call Taking A. Exhibit calm and professional approach to all callers . 1 . Speak clearly and distinctly. 2 . Take control of the call in a courteous and firm manner. B. Answer phone in a timely manner . 1 . Answer 9-1-1 by 1st ring or as soon as practical 2 . Answer business by 3rd ring 3 . Answer internal by 3rd ring C. obtain accurate and pertinent information. D. Transfer calls to appropriate person/agency. 8 . Dispatching A. Transfer information received to the appropriate field unit, accurately and in a timely manner. 1 . Good voice inflection and enunciation is required. 2 . Follow established policies and procedures of the department. 3 . Rudeness , disrespect, and sarcasm prohibited. 4 . Know city geography, beat boundaries and unit status . 3 5 . Good working knowledge of radio consoles and computer functions and programs . 1 . Warrant entries ( 0 ) 2 . Log entries 1%, or 5 per month 3 . Report typing 1 per report 6 . Accuracy and speed in decision making process . 7 . Keep supervisor advised of all unusual or important events or circumstances . 9 . Training Skills A. work with assigned trainee in a way which fosters a positive and productive training period. Your responsibilities include, but are not limited to : 1 . Set a good example for the trainee through work habits , attitudes , and compliance with policies and procedures . 2 . Develop personal rapport with your trainee . 3 . Evaluate the trainee formally and informally. This includes presenting the evaluations to the trainee in a positive, constructive manner. Serious problems or deficiencies are to be brought to the supervisor' s attention immediately. 4 . Maintain technical skill level so as to set a high standard for the trainee to emulate . 10 . Direction/Constructive Criticism A. Follow directions of supervisors with a receptive attitude. B. Accept constructive criticism from supervisors without allowing it to affect you personally. C. Be self-motivated and disciplined in order to improve and maintain skills . 11 . Physical Ability Showing the endurance required to do the job. Measuring up to the physical demands of dispatch work. Having good physical coordination, stamina and agility. Being physically able to handle himself/herself when necessary. 4 12 . Integrity Refusing to yield to the temptation of bribes , gratuities , payoffs , etc . Refusing to tolerate unethical or illegal conduct on the part of other law enforcement personnel . showing strong moral character and integrity in dealing with the public . Being honest in dealing with the public . 13 . Operation of a Motor Vehicle Ability to possess a valid California Driver ' s License . Ability to drive safely. Ability to operate a motor vehicle in all types of weather conditions . 14 . Credibility as a .Witness in a Court of Law Ability to give testimony in a Court of Law without being subject to impeachment due to his/her character for honesty or veracity ( or their opposites ) or due to a prior felony conviction. 15 . Action Clause for Minimum Performance standards If patterns of unsatisfactory performance develop you will be counseled and a plan for correction may be developed by you and your supervisor. If you make the desired changes you will receive a satisfactory rating. If desired changes are not made you will receive an unsatisfactory rating. 5