HomeMy WebLinkAboutReso 93-295 - Approve the provisions of the MOU entered into between the COR & the Redding Public Safety Dispatchers Association, Effective 07/04/93 RESOLUTION NO. 93- 2 CJS
I' 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 4,
1993.
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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
j WHEREAS, the designated representatives of the City of Redding
have conferred with and entered into a Memorandum of Understanding with
I the designated representatives of the Redding Public Safety Dispatchers
Association, as required by the provisions of the Meyers-Mi lias-Brown
I� 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 4, 1993 .
I' 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 20th day of July, 1993 , and was duly adopted at said meeting by the
following vote:
AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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ABSTAIN: COUNCIL MEMBERS: None
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CARL ARNESS, Mayor
City of Redding
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A T: FORM APPROVED:
City Attorney
CONNIE STROHMAYER, ity Clerk RANDALL A. HAYS, , �
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MEMORANDUM OF UNDERSTANDING
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Between
CITY OF REDDING
jand
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REDDING PUBLIC SAFETY DISPATCHERS
ASSOCIATION
EFFECTIVE: December 6, 1988
Amended: January 16, 1990 to be effective January 7 , 1990
' Amended: , 1993 to be effective July 4, 1993
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TABLE OF CONTENTS
,i Article Pane
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1 Preamble 1
2 Recognition 3
3 Association Security 3
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4 Grievance Procedure 5
5 Safety 6
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II 6 Disability and Unemployment 7
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7 Employee Status 8
8 Wages and Classifications 9
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9 Hours and Overtime 11
10 Seniority 14
11 Promotion and Transfer 14
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'! 12 Demotion and Layoff 15
13 Leave of Absence 15
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li 14 Expenses 16
15 Sick Leave 17
16 Funeral Leave 18
17 Holidays 18
18 Vacations 19
iI 19 Uniforms 21
20 Miscellaneous 22
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21 Employee Benefit Programs 23
22 Entire Agreement 25
23 Term 25
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EXHIBIT PAGE
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Exhibit "A" Schedule of Wage Rates 28
Exhibit "B" Substance Abuse Policy 29
j Exhibit "C" Public Safety Dispatcher Performance Standards 46
NOTE: Except for the deletion of the obsolete Drug Abuse
j' provisions and Communications Shift Supervisors
Performance Standards, amendments effective July 4,
1993 , are shown by underlining the new language and
lining out the deleted language
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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,
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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
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NOW, THEREFORE, the parties hereto do agree as follows:
ARTICLE 1
Preamble
f,l 1. 1 The parties acknowledge the provisions of Chapter 10
(Section 3500, et seq. ) of Division 4 of Title 1 of the Govern-
ment 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
'i 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 performance of their duties for City or
unreasonably or arbitrarily refuse or fail to respond to overtime
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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
j 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
it of the property and the composition, assignment, direction and
determination of the size of its working forces. (c) The right
fi 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 Understand-
ing.
1.8 The parties have met and conferred in good faith and have
IIS reached agreement on procedures set forth in this Memorandum of
Understanding for resolution of disputes between the parties.
i' 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-Mi 1ias-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 reso-
lution of problems or disputes arising out of this Memorandum of
Understanding.
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ARTICLE 2
Recognition
2 . 1 The City recognizes the Association as the "Exclusive
Representative" of all employees of the City who hold the
classification of Public Safety Dispatcher. &erre—Publr_- _'afe}ty
Dispateher, er Gemmuni-eatiensShift Sue . ---1- The provisions
i 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 representative.
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 Manage-
ment.
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,
1 intimidate, restrain, coerce or discriminate against any employee
because of the employee's membership or non-membership in
i! Association or the employee's activity on behalf of the
Association.
2 . 5 Any employee, at the employee' s request, shall be
II permitted representation by an Association representative. The
!I foregoing shall apply to hearings, reprimands, investigations and
disciplinary actions, providing there is no unreasonable delay in
I 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 mat-
ter; provided, the meetings shall not substitute for normal
grievance procedures or for formal negotiations between the par-
ties. 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 mem-
ber of the Association and maintain membership in the Association
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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 . 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
i of the Association, and who remains an employee continuously
after the effective date of this Memorandum of Understanding is
it 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
obligation to pay an agency fee shall be suspended for the
duration of such period as the individual is working for City in
a job classification not covered by this Memorandum of
Understanding.
3 . 2 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.
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�I 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
II 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.
j 3 . 5 The form of check-off authorization shall be approved by
both the City and the Association.
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3 . 6 Upon written request from the Association, the City
l shall, within twenty-one (21) calendar days, terminate the
employment of any employee who fails to comply with the
ij 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
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law, in accordance with the provisions of Section 3502 . 5 of the
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Government Code of the State of California.
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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 Understanding, 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 representa-
tive 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.
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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
,I 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.
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4 . 5 Step Four: If a grievance is not, resolved in the third
step, the fourth step shall be the presentation of the grievance
r 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.
i 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
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arbitrator, 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 such nominees, the party having the first
challenge to be determined by lot. The remaining nominee shall
be accepted as arbitrator, 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
iexpenses of their respective appointees and witnesses. At
Association' s request the City shall release employees from duty
to participate in arbitration proceedings.
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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 par-
ties 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
Understanding.
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
ji the City, the Association may go forward with the grievance at
the next step of the established procedure.
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4 . 8 Notwithstanding the aforementioned procedure, any indi-
vidual 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 opportunity to be present at such adjustment.
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j 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
j Safety
it 5. 1 The City Council desires to maintain a safe place of
! employment for City employees and to that end City management
shall make all reasonable provisions necessary for the safety of
employees in the performance of their work.
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i 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
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safe work procedures and applicable State Safety Orders and for
training in first aid.
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 perma-
nently, 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
i 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
!I 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
'I 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
i 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
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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.
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.
f ARTICLE 7
? Employee Status
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7 . 1 Employees will be designated as regular, probationary, er-
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.
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7 . 2 A regular employee is defined as an employee who has one
it (1) year, or more, seniority with the City in full-time
.; employment.
7 . 3 A probationary employee is defined as an employee hired
it for a full-time position that has been regularly established as
ii 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 cover-
age 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.
j 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
jj provision of this Article, an employee's probationary period may
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be extended for up to six (6) months at the discretion of the
City provided that the employee is given written notice of the
II duration of the extension prior to completion of the normal
probation period.
7 . 4 A full-time temporary employee is defined as an employee
J hired for occasional or seasonal work for a period not to exceed
six (6) months. A full-time temporary employee shall receive not
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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
�I nature, nor shall the employee accrue seniority, or promotion and
transfer rights, or leave of absence rights. If a full-time tem-
porary employee is reclassified to probationary status the
employee shall be credited with all continuous service in
determining eligibility 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 hart-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
'I full-time equivalency shall be credited to the employee if the
employee becomes a regular employee.
ARTICLE 8
II 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
thirteen 9) twenty-six (26) full pay periods of employment at
j 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
'I (26) full pay periods of employment at salary step two with
.i overall satisfactory or above work performance, an employee shall
ibe 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
j work performance, an employee shall be advanced to step five.
satis€aeterilyeempl-etes all phases of trainingasPublire
Safety n spa€eher,the empleyee--shall be aneed tesalary- step
three,effeetive en theters may e€—the pay--gem
j eempletien of all required training. When a—Public
Dispateher is qualified en gree (3) eensal-es—arid with an
everall satis€aetery perferma_r ee er=aluatien,the empleye
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be-e l ass fied-a s a Senior Pub l i e Safety Dispateher. A full -gay
p ere d-as--as d herein n i sa defrined-as-erre-Hieb--tome _ -, e. -
wet-its er Is paiel fer time eff fer at least ene half ef the
regularly seheduledwer ' heurrT
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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
i 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.
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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.
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Gemffiunieatiens-Shift Supe—se- o=ems equests a deme ; e ,
the-ehanEjiwill: be e€€eetive-the- first day -ethe-pad
€ellewing the-rregttestThe-emsl-eyeewill: return te--the same
salary step`ash€ere ire--premetien, witheut less of s_ier i t y
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
j performs duties between the hours of 4 : 00 p.m. and 12 : 00 Mid-
night, the employee shall receive shift differential pay of three
and one-third percent (3-1/3%) 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
,i 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. ,
j the employee shall receive shift differential pay of five percent
! (5%) of the employee's regular hourly rate of pay for each hour
'I worked between the hours set forth above, regardless of whether
those hours are compensated therefor on a straight time or an
!i overtime basis.
8 . 5+a+ Attached hereto and made a part hereof is Exhibit A
j titled "Schedule of Wage Rates. "
8 . 63 ) Attached hereto and made a part hereof is Exhibit
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"C" entitled Public Safety Dispatcher Performance Standards.
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8. 5 (b) Effeetive january 6, 1991 wage rates shall be inereased
by three pereent (3%) plus the ehange in the-Bureau--ef-13a
Statisties Gensumer Przeeindem fer Urban Wage Earners-& Gleriea-1
Werkers all U. S. Gities, 1967 base, between the indem number f&r
Deeefaber1989 and Nevembe= 19919 hewever, wage rates shall net
--eased mere than -eight pereent (8%) as set f erthabe.e
-(e) Effeetivejanuary 5, 92 wage rates shall be inereased-
by three pereent (3%) plus the-ehange in the--Bureat-efba
Htati-sties Gensufne= rieeindem-€er-Urban Wage Earners & Gleriea-1
Werkers all U. S. Gities, 1967 base, between the index number f
I) Deeember 1999 and 19911 hewever,wage-nates shall net
i re-eased-mere than eight pereent (8%) as set-f ert abeve
ARTICLE 9
I� Hours and Overtime
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II 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
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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
i any hour of the day during the workweek. For those employees
II assigned to daytime duty, the regular work hours shall be 8: 00
a.m. to 12 : 00 noon, and 1: 00 p.m. to 5: 00 p.m. For those employ-
ees who are assigned to shift work, the regular shift shall con-
sist of eight (8) consecutive hours with a meal break near the
�I
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
li 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
;i
Chief of Police may at his sole discretion discontinue the trial
and the use of cover shifts. Thepartiesshall eenduet a—
p'ar -eipate in a jea:nt study to eensider the feasibility e€
alternate-seheduling metheds fer theGi 's dispatch epe atien.
,
Geed faith meetings regarding- t3@—j0-lnt Study shall be i3ixcrcrcakcrr
immediately with a—eeraittee eemprised—ef three
representatives e€-management and three (3) representatives-e€
the Asseeiatien. The preduet eche meetings andere
will within ninety (99) days be presented te a jeint
mplementati-en taste feree-whe-will-repute al, parti es within
sixty (69) days. The geal ef this task feree will be te
i ree grate agreed-te ehangesinte the-budget-preeess-€er fisea-1
year1990--9-1, er as seen as praetieab =.
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. Shifts will be
scheduled every three (3) months and Management will post the
jschedule fifteen (15) days in advance of the schedule' s effective
it date, provided that all affected employees have submitted shift
ii requests on a timely basis. An employee will not be permitted to
remain on a given shift in excess of nine (9) consecutive months.
and shall spend a minimum-e€- three-(3
shifts within a-€-ifteen(15-) ment-h--peed. 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 assign-
ment made after posting of the shift schedule shall not give any
employee the right to displace another employee from a shift,
,i 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 to a particular shift, as set forth
y 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, 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) _
'I time worked on a holiday. Overtime shall be computed to the
i
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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 sched-
uled.
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 over-
time 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
i, 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. a-nd 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
j who are on their scheduled days off. In the event no employee
'I volunteers for the unscheduled overtime assignment, the overtime
lj 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. Management may make exceptions to the foregoing in
'I 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 the pay
period; 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_
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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
i 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
�I paid time off compensation available to the employee, such as
it vacation pay. The Chief of Police, in his sole discretion may at
any time discontinue any shift trade practices.
I�
ARTICLE 10
i Seniority
10. 1 Seniority is defined as total length of continuous ser-
vice with the City. In determining an employee' s seniority the
continuity of the employee's service will be deemed to be broken
II by termination of employment by reason of (1) resignation, (2)
,I discharge for cause, (3) layoff for more than six (6) consecutive
II 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
jl 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
I� 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,
i 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.
ARTICLE 11
Promotion and Transfer
I� 11. 1 All promotions and transfers shall be in accordance with
standards and procedures as determined by the City.
I�
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
ii fill such temporary vacancy with the most qualified and available
employee.
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ARTICLE 12
I
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 pro-
bationary 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
ggiven pref-
erence in filling future vacancies for a period of up to six (6)
j months, providing they keep the City advised of their current
! address.
12 .4 Notwithstanding the provisions of this Article the City's
reeter e€ Labor Relations Representative and the Association19
Business Representative may agree to other procedures during the
term of this Memorandum of Understanding.
i ARTICLE 13
I,
Leave of Absence
i�
13 . 1 Leave of absence may be granted to regular employees by
the City Manager for urgent and substantial reasons, up to a max-
imum 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.
j 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.
i
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
'I 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
15
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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
iimpaired by such leave of absence and the employee's seniority
will accrue.
13 . 5 If an employee fails to return immediately on the expi-
ration 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
iof 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.
I ARTICLE 14
l
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Expenses
II14 . 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
beginning, 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.
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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. )
I
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) per-
sonal 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
,i 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
;i the City.
q
II 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
i, leave.
I
'.I 15. 5 Any employee who after ten (10) years of service to the
'I City terminates employment, shall be paid at the employee's regu-
lar pay rate for thirty-three and one-third percent (33 1/3%) of
the employee' s accumulated sick leave hours. r-edueed by the
ameunt ef b......, vaearen he ,r,. the emplegee—has previeusly
eee �ed pursuant to seetien 4:8� 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
;i percent (45%) . For employees with twenty (20) years or more ser-
vice, the percentage set forth above shall be increased to sixty
percent (60%) . An employee may, however, at the employee's
option, elect to waive the foregoing benefit and in' lieu thereof,
receive credit for said unused sick leave toward the employee's
retirement benefit through the Public Employees ' Retirement Sys-
tem pursuant to the contract between the City of Redding and the
'I Public Employees' Retirement System.
17
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, broth-
ers, 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
,I leave.
ARTICLE 17
'I
Holidays
;I
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
j (k) Friday after Thanksgiving
(1) The last four (4) work hours before Christmas
(m) December 25th
i
;! If any of the foregoing holidays falls on a Sunday, the Monday
following shall be observed as the holiday, except by those
employees who are regularly scheduled to work on Sunday other
than on an overtime basis. Employees who are regularly scheduled
to work on Sundays shall observe such holidays on Sunday. If any
of the foregoing holidays falls on a Saturday, the preceding Fri-
day 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
!I Saturdays shall observe such holidays on Saturday. If any of the
foregoing holidays fall on any day from Monday through Friday,
18
I
inclusive, and that day is a regularly scheduled non-workday for
j an employee, such employee shall be entitled to receive another
workday off with pay, to be scheduled in the same manner as vaca-
tion days are normally scheduled. Notwithstanding the foregoing
with ten (3:9) fifteen (15) days notice an employee may observe
the employee's birthday holiday on the employee' s birthday. If
an employee fails to give ten (4:9) 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.
it
I ARTICLE 18
I
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vacations
II
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
I; service. )
I
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
I� 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
j 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.
I (Accrual rate approximately three and one-half (3-1/2) weeks per
year after nine (9) years of service. )
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 four-
teen (14) years of service. )
19
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 employ-
ment. (Accrual rate approximately five (5) weeks per year after
twenty-four (24) years of service. )
i
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 (i) Effective January 1, 1991, the maximum vacation time
which can be accrued by a regular employee is five hundred (500)
�I
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
II 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
I� the five hundred (500) hour maximum. Whenever such excess
accruals occur, the employee shall have one (1) year from the
it date the vacation was canceled or from the date the employee
returns to work from illness or injury to utilize the excess
I� accrual. Any excess accrual that remains at the end of such
I� period shall be forfeited.
.I 18 . 2 Vacation cannot be accrued while an employee is in a non-
pay status.
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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 chancre. 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 eal-endar year 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,
j18 .4 The City shall not require an employee to take the
employee' s vacation in lieu of sick leave or leave of absence on
;I account of illness.
.I
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
i vacation and will be compensated for same.
I
18 . 6 Employees whose employment with the City is terminated
for any reason shall, at the time of termination, receive any un-
used vacation period previously earned.
i
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 em-
ployee 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 dur-
ing any fiscal year. Payments for unused vacation shall be lim-
ited to no more than once each fiscal year.
ARTICLE 19
II Uniforms
I�
j 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 combined with employee normal salary check. a--ene-ti: �
a-1lewanee ef $375. 90 shall be paid fer r '�
initial
I a= ��„Tse of three
(3) sets ef uniferfas, as shewn in !9. 3 , and will net be subj
* --crr, i.
rm �-e�a�xc�-e� �1�.�}6—�zza,�,r�e-�re3�t� a�—:rrt�i�rr�
!� repl-aeement of • -i ferms. The second annual uniform allowance
will be paid in July and will be a pro-rated amount for that
21
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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.
II 19 . 2 Voluntary resignation in the first thirty (30) days of
employment shall result in one hundred percent (100%) repayment
i 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 (25%)
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.
I
19. 3 The initial uniform allowance is for three (3) uniforms
sets, as follows:
APPROXIMATE
ITEM QUANTITY VALUE
i
Uniform Jacket 3 $198 . 00
j 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.
I�
ARTICLE 20
Miscellaneous
i
20. 1 A regular or probationary employee who is summoned for
jury duty and is thus unable to perform the employee' s regular
!I duties will be paid for the time lost at the employee's regular
rate of pay. Except for jury duty service outside of Shasta
ii County, the employee will deposit all jury duty funds with the
City Treasurer.
20. 2 Any employee, at the employee's request, shall be per-
mitted 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
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covering no more than the previous twelve (12) months of
service. An employee who disagrees with the evaluator's state-
ments 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
I� 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. "
i
20. 5 As the Chief of Police 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.
;I ARTICLE 21
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Employee Benefit Programs
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21. 1 Retirement Plan: All regular and probationary employees
it 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
,i 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
ij City shall pay the full cost of the program for both employee and
dependents. The major elements of the group insurance benefit
program are:
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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%
j 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% pay-
ment up to $2000 per person per lifetime) ;
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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.
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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.
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21. 2 (b) The City will pay fifty percent (50%) 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
II 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 pre-
mium or improve Public Employees' Retirement System benefits dur-
ing 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
ii for 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.
li ARTICLE 22
a
Entire Agreement
'I 22 . 1 The parties acknowledge that during the negotiations
,i which resulted in this Memorandum of Understanding each had the
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1 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
iobligated 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 Under-
standing.
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ARTICLE 23
Ii Term
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'i 23 . 1 This Memorandum of Understanding, having taken effect as
of December 6, 1988 shall continue in full force and effect until
the first day of d-a-ny July, 1993.4 and thereafter from year to
year unless written notice of change or termination shall be
given by either party ninety (90) days prior to the expiration
date above or the expiration date of any year thereafter.
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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.
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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
i) and effect.
IN WITNESS WHEREOF, the parties have executed this
Memorandum of Understanding as of the day and year first above
written.
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CITY OF REDDING REDDING PUBLIC SAFETY
DISPATCHERS ASSOCIATION
s/ R. M. Christofferson s/ Janet Smith
Robert M. Christofferson Janet Smith
City Manager President
s/ Robert P. Blankenship s/ Susan Poole
Robert P. Blankenship Susan Poole
Chief of Police Vice President
s/ James G. Bristow s/ Bill McPoil
James G. Bristow Bill McPoil
Director of Personnel Services Labor Representative
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s/ Bette F. Primrose
Bette F. Primrose, Director -
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Police Services Division
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is/ Marie S. Wert
!i Marie S. Wert, Public Safety
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Communication Supervisor
s/ Charles R. Reynolds
Charles R. Reynolds
Director of Labor Relations
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IN WITNESS WHEREOF, the parties have executed amendments to
this Memorandum of Understanding on this day of , 1993
to be effective July 4 , 1993 .
CITY OF REDDING REDDING PUBLIC SAFETY
DISPATCHERS ASSOCIATION
Robert M. Christ fferson Janet Smith
City Manager President
Robert P. Blankenshi Cheryl", orewitz
Chief of Police % Vice President
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ary D ' ks
Polic Captain Labor Representative
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Be to Primrose - Director
Police Services Division
I� Charles R. Reynolds
I� Labor Relations Repr sentative
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EXHIBIT A
SCHEDULE OF WAGE RATES
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Effective: JANUARY 5, 1992
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Step 5
j Monthly
Classification Hourly Pay Rate Salary Step equivalent
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II 1 2 3 4 5
Public Safety
Dispatcher $10. 99 $11. 55 $12 . 05 $12 . 66 $13 .29 $2 , 304 .
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Exhibit "B"
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SUBSTANCE ABUSE POLICY
Table of Contents
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Section Page No
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Section I. POLICY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
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Section II. MANAGEMENT AND SUPERVISORY RESPONSIBILITIES. . . . . 5
Section III. TRAINING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section IV. SUBSTANCES FOR WHICH TESTING WILL OCCUR. . . . . . . . . 6
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Section V. SUBSTANCE TESTING PROCEDURES. . . . . . . . . . . . . . . . . . . . 6
Section VI. REHABILITATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section VII. DISCIPLINARY ACTION. . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section VIII . MEDICAL REVIEW OFFICER. . . . . . . . . . . . . . . . . . . . . . . . . 12
Section IX. CONFIDENTIALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
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Section X. SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Attachment "A" CUT-OFF LEVELS FOR SUBSTANCE ABUSE TESTING. . . . . 15
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Attachment "B" RESPONSIBILITIES OF THE MEDICAL REVIEW OFFICER 16
'j Attachment "C" CONSENT FORM TO DRUG TESTING. . . . . . . . . . . . . . . . . . . 13
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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.
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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
'I
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 lob
j performance;
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2 . To encourage voluntary rehabilitation.
C. APPLICATION OF POLICY
This policy shall apply to all employees in the RPSDA
bargaining unit.
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D. GUIDING PRINCIPLES
I —
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
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recruirements may be cause for discipline, up to and
including termination of employment.
3 . Treatment
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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
i drugs by any employee at any time except in the
i' 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
j supervisor.
4 . The use or possession of alcohol while on duty,
,I 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.
5. Employees who appear to be affected on the job by
drug or alcohol use may be required to submit to
!� drug/alcohol testing pursuant to section V.
ii
6. Any employee taking prescription medications which
may affect job performance must report this
'i treatment to his or her immediate supervisor prior
to reporting for duty and provide a prescription
within twenty four (24) hours if requested.
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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
'i policy.
II. MANAGEMENT RESPONSIBILITIES
Management will•
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i A. Be fully conversant with the policies and procedures
set forth herein;
it B. Train employees in the policies and procedures
concerning substance abuse, and in the dangers of such
abuse;
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C. Be knowledgeable about the City' s program for substance
,.R abuse rehabilitation;
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D. Be aware of substance abuse indicators (seed
illustrative list at V, 2) ;
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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
9 affected by drug or alcohol use;
II 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.
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Management will require attendance at such training
sessions.
Management will use its best efforts to ensure that all
supervisors are trained in substance abuse observation
techniques at the earliest vossible 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
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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,
i an employee may volunteer to submit to drug/alcohol
'I testing at the employer' s expense with prior approval of
the City.
2 . Reasonable Suspicion
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it Employees must submit to tests for alcohol and/or for
illegal and controlled substances when the employee is
j reasonably suspected of being impaired or affected by
drug or alcohol use.
it a. Reasonable suspicion for testing means suspicion
based on specific personal observation of two (2)
ii supervisors, unless only one supervisor is
Practically available. (For this purpose,
l supervisor shall be defined as an employee of the
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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:
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) Specific personal and articulative observations
concerning the appearance, behavior, speech, or
performance of the employee; or
j u2 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 ()
q 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 iniury to
the employee or another person, or in significant
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Property damage.
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To the extent feasible under the circumstances, an
i employee subjected to a substance test as part of a
criminal investigation will also be tested under these
procedures.
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
,I 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
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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
I� of testing and will be performed at a NIDA certified
facility.
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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
L; forth the reasons therefore and signed by the Chief
j 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 hislher right to
i have a representative present prior to testing. A
reasonable amount of time will be allowed for a
representative to appear. If no representative is
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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
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
subiect to discipline up to and including discharge
from City employment.
i' 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
,I 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
II will be identified to the Medical Review Officer or
his designee, in accordance with NIDA standards.
The representative may join them should he/she
,I 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
j 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
jcompliance with NIDA standards. The confirmation
test will use the same sample as taken in the
!I initial step. Notification of positive test results
to the Chief of Police or his designee will be held
,I 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.
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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.
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10. If the test result is positive, the Medical Review
j Officer will provide an opportunity for the employee
to discuss whether there is a legitimate medical
explanation for the test results.
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11. Verified drug test results will be sent directly to
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the Chief of Police from the Medical Review Officer.
12 . The Chief of Police, or designee, will provide an
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opportunity for the employee to meet with him/her
and discuss the drug test result.
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13 . If the result is positive, rehabilitation and/or
disciplinary action will be determined and
administered by the Chief of Police or his designee.
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.j 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
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overtime purposes.
VI. REHABILITATION
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A. METHODS OF REFERRAL
Employees may be referred to rehabilitation programs in the
it 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
'i determination of appropriate treatment.
II 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.
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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.
For the purpose of this section "legal drug" shall be
defined as over-the-counter and/or prescription drugs.
B. REHABILITATION AND AFTERCARE PROGRAMS
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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
i' and conditions. Refusal or failure to do so may
be grounds for disciplinary action up to and
including termination.
'I 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.
�I 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.
it 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.
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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
,iob classification during outpatient
rehabilitation or during aftercare. To qualify
for such return to work the employee must
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reasonably be expected to perform his/her job
responsibilities.
7 . Prior to returning to work the employee may be
scheduled for an examination, including a
drug/alcohol test at the discretion of the Chief
of Police.
8. Employees participating in rehabilitation and
aftercare programs, as a condition of such
participation, will be subject to drug testing as
may be deemed appropriate by the Chief of Police.
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9. Any changes or modifications in the rehabilitation
or aftercare programs must be approved by the
Chief of Police.
10. The may employee appropriate accrued leave as
Y use
provided in personnel rules and/or in the MOU
during absences for rehabilitation and aftercare
programs. If no such accrued leave is available,
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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
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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:
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A. Tests positive for alcohol or for substances, as
identified in Section IV in an amount which meets or
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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;
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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;
I� G. Violates a rule in Section I (E) of this Policy;
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Disciplinary action will be consistent with the City's
established Policies.
VIII. MEDICAL REVIEW OFFICER
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A. Only a qualified Medical Review Officer (MRO) in
' accordance with NIDA standards will receive laboratory
.I results generated by drug/alcohol testing.
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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,
j such as a court ordered subpoena, or in connection with City
u discipline or a grievance or arbitration proceeding
,i initiated by or on behalf of the individual without the
express written authorization of the employee.
1 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.
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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
'i administration of other aspects of this Policy will be
retained a minimum of five years. Such records will
include; but not be limited to:
Supporting documents for reasonable suspicion,
Documents supporting testing decisions in internal or
administrative investigations,
Records of the specimen collection process to indicate
specimen identification, accountability, and chain of
custody,
Records of test results and any information provided by
the 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.
i' D. Invoices for services provided by collection sites,
laboratories, and Medical Review Officers shall be
'I directed to the Chief of Police or his designee, and
reference only the case number of the individual
involved.
E. When a druglalcohol test is ordered, the collection
facility shall be notified only that an employee is
being transported for testing. The employee is not to
'I 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.
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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
1 —
If any court should hold any part of this Policy invalid,
such decision shall not invalidate any other part of this
j Policy.
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ATTACHMENT "A"
CUT-OFF LEVELS FOR SUBSTANCE ABUSE TESTING
TEST RESULTS
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Initial test
Drug or Method Cutoff
Drug Class
j 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
'I Methaqualone EMIT 300 ng/ml
i Opiates EMIT 300 ng/ml
Phencyclidine EMIT 25 ng/ml
Alcohol EA 50 mg/dl
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Confirmation Test
Drug or
Drug Class Method Cut-Off
ilk
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 150nq/ml
Methaqualone GC MS 100ng/ml
Opiates GC MS 150na/ml
Phencyclidine GC 50mg/dl
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ATTACHMENT "B"
A. Medical review 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.
�i 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
i� 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.
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C. Positive test result.
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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
workincq 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
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j Before the Medical Review Officer verifies a confirmed
positive result for opiates, hef she shall determine that
there is clinical evidence--in addition to the urine test--
of unauthorized use of any opium, opiate, or opium
derivative (e.g. , morphine/codeine) . (This requirement does
not apply if the employer's GC/MS confirmation testing for
opiates confirms the presence of 6-monoacetylmorphine. )
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E. Re-analysis authorized.
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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.
I� F. Result consistent with legal drug use.
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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.
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�I 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
j 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.
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ff
44AA AA
4
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RELEASE OF INFORMATION
CONSENT TO DRUG TESTING
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, do hereby give my consent to
REDDING INDUSTRIAL AND OCCUPATIONAL HEALTH MEDICAL GROUP, INC.
hereinafter referred to as "RIOH" , to perform urinalysis on me
+ for the presence of certain drugs andlor alcohol. I further
authorize RIGH 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.
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I am now taking, or have taken, the following medications within
the past thirty (30) days:
NAME OF DRUG CONDITION FOR WHICH PRESCRIBING DOCTOR
TAKEN OR
OVER THE COUNTER
OTC
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DATED:
SIGNATURE
I�
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II IDENTIFICATION
I DATED
WITNESS
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Exhibit "C"
PUBLIC SAFETY DISPATCHER PERFORMANCE STANDARDS
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1. Internal Relations
A. Conduct yourself and your work in a manner that reflects a
positive influence on the personnel you work with and
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other agency employees.
1. Maintain a professional and positive demeanor.
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a. Confront problems directly and positively in an
effort to reach a logical conclusions.
I 2 . Assist others in the work place to promote team work.
'i 3 . Malicious gossip and slanderous comments are
prohibited in the work place.
4 . Respect the privacy of others on and off the job.
Q 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:
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ii 1. Treat everyone with respect, in person and by phone.
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2 . Exhibit a genuine interest.
'Il a. Avoid sarcastic and derogatory remarks.
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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.
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'i 5. Immediately confront potentially harmful situations to avoid
itescalation.
i� 6. Provide assistance to other agencies in a timely manner.
7 . Prioritize telephone calls.
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8 . 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
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3 . Priority 3 - 30 minutes
B. Conduct yourself in a manner which will avoid
complaints or claims against you or the City of
Redding.
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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
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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.
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E. . Headset worn when assigned to the police console at all
times, no exception.
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F. Work area left in a neat and clean condition upon
termination of your shift.
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'! G. On-coming supervisor/shift briefed regarding any
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problems or work left to be done.
H. Abuse of sick leave prohibited.
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I . Consistent accuracy in interpreting information from
R/P and adhering to department policies.
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1. 95% consistency expected within evaluation period.
4 . Safety
A. Safety hazards will be reported following
established procedure and/or corrected immediately.
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B. Abuse of equipment/facility is prohibited.
5. Equipment and Facility Management
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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.
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!� 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.
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7 . Call Taking
A. Exhibit calm and professional approach to all callers.
1. Speak clearly and distinctly.
ii 2 . Take control of the call in a courteous and firm
manner.
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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
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C. Obtain accurate and pertinent information.
II D. Transfer calls to appropriate person/agency.
�I8 . 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.
,
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4 . Know city geography, beat boundaries and unit status.
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5. Good working knowledge of radio consoles and computer
functions and programs.
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1. Warrant entries (0)
2 . Log entries 1%, or 5 per month
3 . Report typing 1 per report
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6. Accuracy and speed in decision making process.
7 . Keep supervisor advised of all unusual or important
events or circumstances.
!i 9 . Training Skills
A. Work with assigned trainee in a way which fosters a
j positive and productive training period. Your
responsibilities include, but are not limited to:
I
1. Set a good example for the trainee through work
habits, attitudes, and compliance with policies
i and procedures.
2 . Develop personal rapport with your trainee.
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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
J.
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
I,
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
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and maintain skills.
11. Physical Ability
'I Showing the endurance required to do the job. Measuring up
j to the physical demands of dispatch work. Having good
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Physical coordination, stamina and agility. Beinq
physically able to handle himself/herself when necessary.
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
subiect to impeachment due to his/her character for honesty
or veracity (or their opposites) or due to a prior felony
conviction.
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15. Action Clause for Minimum Performance Standards
If patterns of unsatisfactory performance develop you will
j be counseled and a plan for correction may be developed by
you and your supervisor.
II If you make the desired changes you will receive a
satisfactory rating.
j If desired changes are not made you will receive an
i unsatisfactory rating.
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