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HomeMy WebLinkAboutReso 91-219 - Approve provisions of the MOU between COR & the Peace Officers Association of Redding Misc Employees with respect to certain non-safety emp of the Police Dept of the COR, Effective 05/12/91 9i z�9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDDING AND THE PEACE OFFICERS ASSOCIATION OF REDDING MISCELLANEOUS EMPLOYEES WITH RESPECT TO CERTAIN NON-SAFETY EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF REDDING, EFFECTIVE MAY 12, 1991. WHEREAS, the Peace Officers Association of Redding Miscellaneous Employees have been formally recognized as the majority representatives of an appropriate unit of employees, as set forth in Section 2 . 1 of Article 2 of the attached Memorandum of Understanding; and WHEREAS, the designated representatives of the City of Redding have conferred with and entered into a Memorandum of Understanding with the designated representatives of the Peace Officers Association of Redding Miscellaneous Employees, as required by the provisions of the Meyers-Milias-Brown Act of 1968 ; and WHEREAS, a true copy of the Memorandum of Understanding is attached hereto and incorporated herein by reference; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding that the aforesaid Memorandum of i Understanding is hereby approved, and shall become effective May 12, 1991. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of �I i the City of Redding on the 21st day of May, 1991 , and was duly IJ adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Buffm NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None i I �( NANCY BUPFUM, May r i City ofiRedding 1 i I ATTEST: C-16 61�7'12*11ec� ETHEL A.' NICHOLS, City Clerk FORM PPROVED: RA6ALL A. HAYS, ity Attorney I I 1 i I MEMORANDUM OF UNDERSTANDING between THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING and THE DESIGNATED REPRESENTATIVES of the PEACE OFFICERS ASSOCIATION OF REDDING MISCELLANEOUS EMPLOYEES I { EFFECTIVE : January 26 , 1989 AMENDED : May 21 , 1991 , to be effective May 12 , 1991 i TABLE OF CONTENTS ARTICLE Page 1 Preamble --------------------------------------- 1 2 Recognition ------------------------------------ 3 .J Association Security --------------------------- 4 I 4 Grievance Procedure ---------------------------- 4 5 Safety ----------------------------------------- 6 6 Disability and Unemployment -------------------- 7 7 Employee Status -------------------------------- 8 8 Wages and Classifications ---------------------- 9 9 Hours and Overtime ----------------------------- 11 10 Seniority -------------------------------------- 13 11 Promotion and Transfer ------------------------- 13 12 Demotion and Layoff ---------------------------- 13 13 Leave of Absence ------------------------------- 14 14 Expenses --------------------------------------- 15 15 Sick Leave ------------------------------------- 16 16 Funeral Leave ---------------------------------- 17 17 Holidays --------------------------------------- 17 18 Vacations -------------------------------------- 18 19 Uniforms --------------------------------------- 21 20 Miscellaneous ---------------------------------- 22 21 Employee Benefit Programs ---------------------- 23 22 Term ------------------------------------------- 24 1 i i MEMORANDUM OF UNDERSTANDING I THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 21st day of February, 1989 , by and between the designated representatives of the CITY OF REDDING ( a public agency as defined in Section 3501 ( c) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California) , hereinafter referred to as the City, and the designated representatives of the Peace Officers Association of Redding ( a recognized employee organization as defined in Section 3501 (b) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California) , hereinafter referred to as Association; W I T N E S S E T H: 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, i the Association and the general public may benefit therefrom, and to establish fair and equitable wages , hours and working conditions for certain hereinafter designated employees of the City; NOW, THEREFORE , the parties hereto do agree as follows : ARTICLE 1 i Preamble 1 . 1 The parties acknowledge the provisions of Chapter 10 ( Section 3500 , et . seq. ) of Division 4 of Title 1 of the Government Code of the State of California . ; 1 . 2 It is the policy of the City and the Association not to, and neither party will , interfere with, intimidate, restrain, coerce or discriminate against any employee because of race , creed, sex, color or national origin. 1 . 3 The City is engaged in rendering services to the public and the City and the Association recognize their mutual obligation for the continuous rendition and availability of such services . 1 . 4 The duties performed by employees of the City as part of their employment pertain to and are essential to the operation of a municipality and the welfare of the public dependent thereon . During the term of this Memorandum of Understanding, employees shall not partially or totally abstain from the performance of their duties for the City. The Association shall not call upon or 1 i I authorize employees individually or collectively to engage in such activities and shall make a reasonable effort under the circum- stances to dissuade employees from engaging in such activities . Those employees who do individually or collectively, partially or totally abstain from the performance of their duties for the City shall be subject to disciplinary action up to and including dis- charge from employment without recourse . 1 . 5 City employees shall perform loyal and efficient work and service and shall use their influence and best efforts to protect the properties of the City and its service to the public and shall cooperate in promoting and advancing the welfare of the City and in preserving the continuity of its service to the public at all times . 1 . 6 The City and the Association shall cooperate in promoting harmony and efficiency among City employees . The parties have met and conferred in good faith and have reached agreement on pro- cedures set forth in this Memorandum of Understanding for resolu- tion of disputes between the parties . The Association agrees that it will follow the procedures as set forth in this Memorandum of Understanding or the bargaining process required by the Meyers- Milias-Brown Act and will make every effort to persuade its members to also use the established procedures , rather than to use any other method or forum such as appeals directly to the news media or the City Council for resolution of problems or disputes arising out of this Memorandum of Understanding. 1 . 7 Notwithstanding anything to the contrary, the Peace 1 officers Association of Redding recognizes and accepts the right of City of Redding management to manage the City. This recognition includes acceptance of the fact that the management rights listed below are not subject to either grievance procedures or the meeting and conferring in good faith process provided for by the Meyers- Milias-Brown Act. 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 i control of the management of the City; (b) the supervision of all operations , methods , processes and means of performing any and all work, the control of the property and the composition, assignment, direction and determination of the size of its working forces; ( c ) i the right to determine the work to be done by employees; (d) the right to change or introduce new or improved operations , methods , means or facilities; and ( e) the right to hire , schedule, promote, demote, transfer, release and lay off employees and the right to suspend, discipline and discharge employees and otherwise to maintain an orderly, effective and efficient operation. 2 1 ARTICLE 2 1 Recognition 2 . 1 The City recognizes the Association as the "Majority Representative" of all employees of the City Police Department who hold a classification listed on Exhibit "A" of this Memorandum of Understanding. The provisions of this Memorandum of Understanding hereinafter set forth shall apply only to those employees of the City of Redding for whom the Peace Officers Association of Redding is the established majority representative . 2 . 2 Official representatives of the Association will be per- mitted access to City property to confer with City employees on matters of employer-employee relations , but such representatives shall not interfere with work in progress without agreement of Management . 2 . 3 The City will provide the Association adequate bulletin board space for the purpose of posting thereon matters relating to official Association business . 2 . 4 The City and the Association will not interfere with, intimidate, restrain, coerce or discriminate against any employee j because of the employee ' s membership or non-membership in the Association or the employee ' s activity on behalf of the Association. 2 . 5 Any employee , at the employee ' s request, shall be permitted representation by an Association representative . The foregoing shall apply to reprimands and disciplinary actions , providing there is not unreasonable delay in obtaining representation. 2 . 6 Joint Association-Management meetings shall be held as often as agreed upon by the Association and Management. The pur- pose 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 . Those in attendance shall consist of the Association' s Negotiating Committee and the City' s Police Chief , the City' s Director of Personnel Services and such other management personnel as determined by the Director of Personnel Services . The meetings shall be summarized in written minutes . Except that the provisions of this section shall be observed, the meetings shall be self- organizing. 3 i 2 . 7 Whenever the parties are engaged in the periodic meeting and conferring in good faith for the purpose of modifying or amending the provisions of this Memorandum of Understanding, no more than three ( 3 ) employees shall participate as Association representatives with no more than two ( 2 ) employee representatives being absent from the same shift . In order to avoid hardships on either the City or employee representatives, the City may transfer such employee representatives to day shift duty for the purpose of enabling employees to participate in the meeting and conferring process . ARTICLE 3 Association Security 3 . 1 The City shall deduct from their wages, the regular mem- bership dues of employees who are members of the Association and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 1157 . 3 of the Government Code of the State of California. 3 . 2 Deductions shall be made from the first and second pay- roll periods of each month in approximately equal amounts and a check for the total deductions shall be submitted to the Peace officers Association of Redding within five ( 5 ) working days of the date the deductions are withheld from the employee' s check. Deductions may include individual insurance and benefit programs . a 3 . 3 The form of check-off authorization shall be approved by both the City and the Association. ARTICLE 4 Grievance Procedure 4 . 1 Any grievance which may arise between the Association or any of its members and the City, with respect to the interpretation or application of any of the terms of this Memorandum of Understanding and with respect to such matters as the alleged dis- criminatory or arbitrary discharge, demotion or discipline of an individual employee , shall be determined by the provisions of this article , except that such matters as are included in the definition of impasse as set forth in Resolution No . 4217 are not a grievance . Probationary employees shall not be entitled to invoke Article 4 , Grievance Procedure, with regard to matters of discharge , or demotion. This shall not, however, prevent a probationary employee 4 from exercising any other rights under this Memorandum of Understanding. Every employee designated by the City to hear the grievance of a subordinate shall have the authority to settle that grievance. 4 . 2 The initial step in the adjustment of a grievance shall be a discussion between the Association' s President or Vice Presi- dent , or any other person designated by the grievant, and the immediate Management Supervisor directly involved, Division Head or Department Head as applicable, who will answer within ten ( 10) ealexdar working days . This step shall be started within thirty ( 30 ) ealreitdar working days of the date of the action complained of or the date the grievant became aware of the incident which is the basis for the grievance . This step may be taken during the working hours of the Association President or Vice President . The foregoing steps may be supplemented by written presentations as well as the oral discussions required above . The notice of the time , date and location of all meetings between the grievant ' s representatives and management representatives must be in writing. 4 . 3 Step Two : If a grievance is not resolved in the initial step, the second step shall be a discussion between the Associa- tion' s President or Vice President and the Personnel Officer who shall answer within ten ( 10 ) ealrertclar working days . This step shall be taken within ten ( 10 ) eal-endar working days of the date of the Department Head' s answer in Step One . i 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 President or Vice President to the City Manager, who shall answer, in writing, within ten ( 10) ealeadar working days . The third step shall be taken within ten ( 10 ) ealendar working days of the date of the answer in Step Two . 4 . 5 ( a) Step Four : If a grievance is not resolved in the third step, the fourth step shall be referral by either the City or the Association to arbitration. The fourth step shall be taken within twenty ( 20 ) ealexelar working days of the date of the answer in Step Three. 4 . 5 (b) An arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration . The City and the Association shall mutually agree to the arbitrator . If the City and the Association fail to reach mutual agreement on the appoint- ment of an arbitrator, each side shall submit a list of five ( 5 ) names to the other . Each party shall , at a meeting of its repre- sentatives , alternately strike a name from the list of ten ( 10 ) names . The first party to strike a name shall be determined by lot . At the point in time when one ( 1 ) name remains , that person shall be the appointed arbitrator. The costs of arbitration shall be borne equally by the City and the Association. The City and the Association shall pay the compensation and expenses for their 5 respective witnesses . At the Association' s request, the City shall release employees from duty to participate in arbitration proceedings . 4 . 5 ( c) The arbitrator shall hold such hearings and shall consider such evidence as to the arbitrator appears necessary and proper. The first hearing shall be held within ninety ( 90 ) eaiett- dar working days of the date of referral to arbitration. The decision of the arbitrator shall be final and binding on the City and the Association and the aggrieved employee , if any, provided that such decision does not in any way add to, disregard or modify any of the provisions of this Memorandum of Understanding. 4 . 6 Failure by either party to meet any of the aforementioned time limits as set forth in Sections 4 . 2 , 4 . 3 , 4 . 4 , or 4 . 5 ( a) will result in forfeiture by the failing party; except however, that the aforementioned time limits may be extended by mutual written agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of this Memorandum of Understanding, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances . 4 . 7 Notwithstanding the aforementioned procedure, any indi- vidual employee shall have the right to present grievances to the City and to have such grievances adjusted without the intervention of the Association, provided that the adjustment shall not be inconsistent with this Memorandum of Understanding, and further provided that the Association' s President shall be given an oppor- tunity to be present at such adjustment . ARTICLE 5 Safety 5 . 1 The City Council desires to maintain a safe place of employment for City employees and to that end City management shall make all reasonable provisions necessary for the safety of employees in the performance of their work. 5 . 2 Regular meetings will be held on all jobs to plan the job and emphasize safety in its' performance . 5 . 3 �tegs�a3-sefe �- ee3sgs-w3��-be-he 3d-ottee-e�e��-ewe- ) f ,e-nths-far-the-pttrpeae-o-€ e-rrd-JDTevetit3�ng-their 6-riEle3s-aid-fer-training-in-€rr&tr -reejsest so-t�e�e-�kax-s��-�G�-ea�e����ti3�-rt't-�-�58-lzir�rai ye-ai-�o-el3set�ss requests- Safety meetings will be held upon reasonable notification that either party to this agreement requests one . 6 ARTICLE 6 Disability and Unemployment 6 . 1 Supplemental Benefits for Industrial Injury: Whenever any regular employee who is a member of the Public Employees ' Retirement System is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the { employee ' s duties, which comes within the application of the Workers ' Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled, regardless of the employee' s period of service with the City to compensation at the rate of eighty-five percent ( 85%) of the employee ' s regular salary, in lieu of temporary disability payments , if any, which would be payable under the State Labor Code , for the period of such disability but not exceeding six ( 6 ) months , or until such earlier date as the employee is retired on permanent disability pension. At the conclusion of six ( 6 ) months of receipt of supplemental benefits at the rate of eighty-five percent ( 850) of regular salary, any regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefits at the rate of seventy percent ( 700) of the employee ' s regular salary for the period of such disability but not exceeding six ( 6 ) months or until such earlier date as the employee is retired on permanent disability pension through the Public Employees ' Retirement System. In consideration of this benefit, the regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers ' Compensation, employee group insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. 6 . 2 An employee who is absent by reason of industrial dis- ability may be returned to work by the City and given temporary light duties within the employee ' s ability to perform, with the consent of the employee ' s physician . The duration of any such period of temporary work shall be determined by City. Such employee shall be compensated at the then current rate of pay of the employee ' s regular classification while engaged in such temporary duties . The City may require an employee being considered for return to work after an absence caused by disability or illness to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically and mentally fit and able to perform 7 j the duties of the employee ' s position without hazard to himself , or to the employee ' s fellow employees , or to the employee ' s own per- manent health. i 6 . 3 If a third party is found to be responsible for the employee ' s industrial injury and the employee recovers a judgment in damages from said third party, then all supplemental benefits received as provided for in Section 6 . 1 not already repaid from the other sources mentioned in Section 6 . 1 shall be repaid to the City by the employee . 6 . 4 Vacation and sick leave shall be accrued while a regular employee is absent from work as a result of a job related disabil- ity and receiving the supplemental benefits to Workers ' Compensa- tion temporary disability compensation as set forth in 6 . 1 for the period of such disability, but not exceeding one ( 1 ) year. All i regular and probationary employees who are receiving Workers ' Com- pensation temporary disability benefits shall receive group insur- ance coverage during the period in which they are receiving tempo- rary disability compensation for up to a maximum of a cumulative total of five ( 5 ) years at the City' s expense . Holidays which occur during the period for which an employee is receiving tempo- rary disability compensation shall not be recognized by such employee for compensation purposes . ARTICLE 7 Employee Status 7 . 1 Employees will be designated as regular, probationary or full time temporary depending upon the purpose for which they are hired and their length of continuous service with the City. 7 . 2 A regular employee is an employee who has one ( 1 ) year or more seniority with the City in full time employment . . 7 . 3 A probationary employee is defined as an employee hired for a full time position that has been regularly established as an authorized position and is of indeterminate duration. A proba- tionary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a similar nature as the employee becomes eligible , but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence . Upon completion of one ( 1 ) year of continuous full time service with City, a pro- bationary employee shall be given the status of a regular employee . Notwithstanding any other provisions of this Article, an employee ' s probationary period shall be extended by the duration of any unpaid absence of ten ( 10) or more consecutive workdays . A probationary period may also be extended at the discretion of City management for a period not to exceed three ( 3 ) months for the purpose of 8 i enabling a more extensive review and evaluation of a probationary employee prior to the employee obtaining permanent status . A probationary employee shall be notified in writing of such an extension not less than ten ( 10) working days prior to the expiration of the probationary period. 7 . 4 A full time temporary employee is defined as an employee hired for occasional or seasonal work for a period not to exceed six ( 6 ) months . A full time temporary employee shall receive not less than the minimum rate for the job but shall not be eligible for sick leave pay, holiday pay, vacation pay, insurance coverage, retirement plan participation or items of a similar nature, nor shall an employee accrue seniority or promotion and transfer rights , or leave of absence rights . If a full time temporary employee is reclassified to probationary status , the employee shall be credited with all continuous service in determining eligibility for such benefits as may accrue to the employee in the new status . ARTICLE 8 wages and Classifications I 8 . 1 Employees shall be paid a wage rate based upon their work performance . 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 . Notwith- standing the following requirements relative to periods of employ- ment at a salary step, the Chief of Police may recommend salary step increases at an earlier time or more than one step increase at a time . Step increases require City Manager approval and may be granted as follows : After thirteen ( 13 ) full pay periods of employment at Salary Step 1 and with satisfactory or above work performance during the full time period, an employee will be advanced to Salary Step 2 . After twenty-six ( 26 ) full pay periods of employment at Salary Step 2 and with satisfactory or above work performance during the full time period, an employee will be advanced to Salary Step 3 . After twenty-six ( 26) full pay periods of employment at Salary Step 3 and with satisfactory or above work performance during the full time period, an employee will be advanced to Salary Step 4 . After twenty-six ( 26 ) full pay periods of employment at Salary Step 4 and with satisfactory or above work performance during the full time period, an employee will be advanced to Salary Step 5 . A full pay period as used herein 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 . The effective date of a higher wage step shall be the first day of the pay period following qualification for the new step. 9 8 . 2 Wages shall be paid at bi-weekly intervals on Thursdays at the end of the employee ' s work period after 12 : 00 noon for a pay period ending no earlier than the preceding Saturday. If a pay day falls on a holiday, payment shall be made on the preceding workday. 8 . 3 When an employee is temporarily assigned to work in a classification higher than the employee ' s regular classification, the employee shall be paid at the rate established for the higher classification, with a minimum of four ( 4 ) hours and time computed to the next full hour, except when the work is performed outside of the regular work hours and the duration is less than four (4 ) hours . When an employee is temporarily assigned to work in a higher classification which has a wage range overlapping the wage range of the employee ' s regular classification, the employee shall be paid at the wage rate of the classification to which the employee is temporarily assigned, which is next higher to the employee ' s present wage rate, but not more than the top wage rate of the temporary classification. 8 . 4 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 . 5 For purposes of wage rate progression in a temporary classification, the time worked by an employee in other than the employee ' s regular classification shall also be accrued in such temporary classification. 8 . 6 ( a) Attached hereto and made a part hereof is Exhibit uAu"A-1" Exhibit "A-211 , Exhibit "A-3" titled "Schedule of Wage Rates . " 8 . 6 (b) Effective japtuary-7-7-1-996 May 12 , 1991 , wage rates shall be increased by eigk - er� ks-a€-eae-�eees - -$�s-�-fir-�ac� 3 ales-sha4�-ao -die- ee3 eased- o e- hats-sere -aad-oae-ha4f-pe-reent s i x percent ( 6%) . 10 . s • 8 . 6 ( c) Effective May 10 1992 wane rates shall be increased by four percent ( 40) . I 8 . 6 ( d) Effective May 9 1993 wage rates shall be increased by five percent ( 50) . 8 . 7 Attached hereto and made a part hereof is Exhibit "B" entitled "Job Definitions . " 8 . 8( a) Whenever any employee is assigned to work a regu- larly scheduled shift which begins between 2188 1 : 30 p.m. and 12 : 00 Midnight, the employee shall receive shift differential pay of fifty cents ( $ . 50 ) per hour for each hour worked during that regu- larly scheduled shift, in addition to the employee ' s regular hourly payrate . 8 . 8 (b) whenever any employee is assigned to work a regularly scheduled shift which begins between 12 : 00 Midnight and 4 : 00 a.m . , the employee shall receive shift differential pay of seventy-five cents ( $ . 75 ) per hour for each hour worked during that regularly scheduled shift, in addition to the employee ' s regular hourly payrate . ARTICLE 9 Hours and Overtime 9 . 1 All regular employees will receive full time employment for each work week employed, provided they report for duty and are capable of performing their work. This is not to be interpreted that the City does not retain the right to lay off or release employees on account of lack of work or other valid reason at the end of the work week. 9 . 2 Each employee shall report for work at the employee ' s regularly established headquarters and shall return thereto at the conclusion of the day' s work and the time spent in traveling between such headquarters and the job site shall be considered as time worked. 9 . 3 A work week is defined to consist of seven ( 7 ) consecu- tive calendar days , Sunday through Saturday, and a basic work week is defined to consist of five ( 5 ) consecutive workdays of eight ( 8) hours each . The basic work week may begin on any day of the week or at any hour of the day during the work week. 9 . 4 Overtime is defined as ( a) time worked in excess of forty ( 40 ) hours in a work week, (b) time worked in excess of eight ( 8 ) hours , ( c) time worked on a non-workday, (d) time worked outside of regular hours on a workday, and ( e) time worked on a holiday. 11 Overtime shall be computed to the nearest one-quarter ( 1/4 ) hour . Time worked as defined in ( a) or ( c ) above as a result of a shift change shall not be regarded as overtime for compensation purposes . 9 . 5 Overtime compensation shall be paid at a rate equivalent to one and one-half ( 1-1/2 ) times the regular rate of pay or, at the employee ' s option, the employee may elect to receive time off with pay at the rate of one and one-half ( 1-1/2 ) hours off for each overtime hour worked. Compensatory time off with pay shall be scheduled in the same manner as vacations are normally scheduled. The maximum compensatory time off available for any employee at any time shall be limited to the maximum allowable CTO accumulation pursuant to the federal Fair Labor Standards Act . In the event overtime is worked when an employee has the maximum accumulation of compensatory time off , two hundred forty ( 240 ) hours , the employee shall be paid for the overtime worked as set forth above . Employees whose employment with the City is terminated for any reason shall , at the time of termination, receive payment for any unused compensatory time off previously earned. 9 . 6 Employees who are required to report for work on their non-workdays or on holidays they are entitled to have off or out- side of their regular hours on workdays , shall be paid overtime compensation for the actual time worked, but in no event for less than two ( 2 ) hours compensation for each call-out, except however, that employees shall not be paid more than time and one-half the regular rate of pay for any given time period. If an employee who is called for such work outside of the employee' s regular hours on a workday continues to work into the employee ' s regular hours , the employee shall be paid overtime compensation only for the actual time worked. If an employee performs overtime work immediately following the end of the employee ' s regular shift, the employee shall be paid overtime compensation only for the actual time worked. 9 . 7 Overtime shall be distributed as equally as is practica- ble among those employees who are qualified and available and who volunteer for overtime work and the City shall not require employ- ees who have worked overtime to take equivalent time off during a workday without pay. 9 . 8 Community Service Officers shall select shift and days off by seniority with the department . Such selection shall be subject to chancre based on departmental needs and/or administrative adjustment As much notice as is practical shall be provided when changes shifts and days off are made . 12 I ARTICLE 10 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 by termination of employment by reason of ( 1 ) resignation, ( 2 ) discharge for cause, ( 3 ) layoff, ( 4 ) failure to return immediately on the expiration of a leave of absence or acceptance of other full time employment while on leave, and ( 5 ) absence without pay, without a leave of absence, in excess of five ( 5 ) workdays . Continuity of service will not be broken and seniority will accrue when an employee is ( a) inducted, enlists or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine or under any Act of Congress which provides that the employee is entitled to reemployment rights , (b) on duty with the National Guard, (c ) absent due to industrial injury, or (d) on leave of absence . Seniority, as defined in this section, does not apply to preference for shift scheduling or vacation scheduling. ARTICLE 11 Promotion and Transfer 11 . 1 All promotions and transfers shall be in accordance with standards and procedures as determined by the City. 11 . 2 Whenever any employee covered by this Memorandum of Understanding is appointed to the classification of Police officer, and such employee fails to satisfactorily complete the probationary period for Police Officer, such employee shall be returned to the former classification held prior to becoming a Police Officer, or be placed in any other classification which is mutually satisfactory to the employee and the City, except whenever the City discharges the employee from employment with the City. ARTICLE 12 Demotion and Layoff 12 . 1 When it becomes necessary for the City to lay off regular employees , the City will give employees involved as much notice as possible, but in no event will such employees receive less than two ( 2 ) weeks notice of layoff . Where probationary or temporary employees are to be laid off , no notice of layoff need be given. 13 I 12 . 2 Layoff in all cases due to lack of work will be deter- mined by an employee ' s seniority. An employee whose job is being eliminated may elect to displace an employee in a lower paid clas- sification and if the employee ' s seniority is greater than that of the employee in the lower paid classification . 12 . 3 Regular employees who are laid off will be given prefer- ence in filling future vacancies for a period up to two ( 2 ) years , in the reverse order in which employees were laid off , providing they keep the City advised of their current address . Notifications of position vacancies shall be by registered mail to the employee' s last known address , as supplied by the employee . Re-employment shall be based upon the laid-off employee ' s ability to meet current employment standards . If an employee does not accept re- employment, the employee ' s name shall be removed from the re- employment list and the employee shall no longer have re-employment rights . 12 . 4 Notwithstanding the provisions of this Article, the City and the Association may agree to other procedures during the term of this Memorandum of Understanding. ARTICLE 13 i Leave of Absence 13 . 1 Leave of absence may be granted to regular employees by the City Manager for urgent and substantial reason, up to a maximum of one ( 1 ) year, providing satisfactory arrangements can be made to perform the employee' s duties without undue interference with the normal routine of work. Inability to return to work after an employee ' s sick leave has been exhausted will be considered as an urgent and substantial reason and in such cases a leave will be granted. 13 . 2 A leave of absence will commence on and include the first workday on which the employee is absent and terminates with and includes the workday preceding the day the employee returns to work. 13 . 3 All applications for leave of absence shall be made in writing except when the employee is unable to do so . The condi- tions under which an employee will be restored to employment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence . Upon an employee' s return to work after a leave of absence, the employee will be reinstated to the employee ' s former position and working conditions , providing that the employee is capable of performing the duties of the former position, except that if there has been a 14 reduction of forces or the employee ' s position has been eliminated during said leave, the employee will be returned to the position the employee would be in had the employee not been on a leave of absence . 13 . 4 An employee ' s status as a regular employee will not be impaired by such leave of absence and the employee ' s seniority will accrue. i 13 . 5 If an employee fails to return immediately on the expi- ration of the employee ' s leave of absence or if the employee accepts other full time employment while on leave , the employee will thereby forfeit the leave of absence and terminate the employee' s employment with the City. 13 . 6 An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group insurance coverage . An employee may, however, at the employee' s option and expense, maintain the employee ' s group insurance coverage providing the full monthly premium is received in the Finance Department of the City on or before the first day of the month for which the premium is intended. Notwithstanding the above, however, if the leave of absence is as a result of exhaustion of sick leave benefits , an employee ' s group insurance may be maintained for up to three ( 3 ) calendar months on the normal premium-sharing formula, providing the employee pays the employee' s share of the premium on a timely basis . ARTICLE 14 I Expenses 14 . 1 Whenever an employee uses the employee ' s personal automobile for the City' s convenience, the employee will be reimbursed therefor at the same rate per mile as established for non-represented City employees . 14 . 2 Employees who are assigned to a temporary work assignment at such distance from their regular headquarters that it is impractical for them to return thereto each day, or to their regu- lar place of abode, will be allowed actual personal expenses for board and lodging for the duration of such assignment, provided they board and lodge at places approved by the City. The time spent by such employees in traveling to such temporary assignment at its beginning, to and from home on holidays and weekends and from such temporary assignment at its conclusion and any reasonable expense incurred thereby will be paid by the City. 15 i t 1 ARTICLE 15 Sick Leave I 15 . 1 Sick leave with pay shall be accumulated for each regular t and probationary employee at the rate of forty-six thousandths ( . 046 ) of an hour for each regular hour worked or on paid leave . (Accrual rate approximately one ( 1 ) day per month . ) 15 . 2 Sick leave shall be allowed for a non-work related absence due to : ( a) the inability of an employee to be present or perform the employee ' s duties because of personal physical or mental illness , off duty injury or confinement for medical treatment; (b) personal medical or dental appointments which are impractical to schedule outside of regular working hours; and ( c ) the need to be present during childbirth, surgery, critical illness or injury involving members of the immediate family as defined in 16 . 1 , for up to forty ( 40 ) hours per incident . 15 . 3 Management may require satisfactory evidence of illness or disability before payment for sick leave will be made . The City may also require an employee requesting to return to work after sick leave or leave of absence for medical or psychiatric reasons to submit to an examination by a physician or physicians approved by City for the purpose of determining that such employee is physically or mentally fit and able to perform the duties of the employee ' s former position without hazard to himself or to the employee ' s fellow employees or to the employee ' s own permanent health . Such examination or examinations shall be at the sole expense of the City, and the employee shall be placed on leave with pay for the purposes of such examination . 15 . 4 If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave, the employee shall receive pay for the holiday as such and it shall not be counted as a day of sick leave . 15 . 5 Any employee who, after ten ( 10) years of service to the City terminates employment , shall be paid at the employer' s regular payrate for thirty-three and one-third percent ( 33 1/30) of the employee ' s accumulated sick leave hours , reduced by the amount of any bonus vacation hours the employee has previously received pursuant to Section 18 . 2 . For employees with 15 years or more , but less than twenty ( 20 ) years of service , the percentage set forth above shall be increased to forty-five ( 45 ) percent . For employees with twenty ( 20 ) years or more service the percentage set forth above shall be increased to sixty ( 60 ) percent . An employee may, however, at the employee ' s option, elect to waive the foregoing benefit and in lieu thereof , receive credit for said unused sick leave toward the employee ' s retirement benefit through the Public Employees ' Retirement System pursuant to the contract between the City of Redding and the Public Employees ' Retirement System. 16 1 ARTICLE 16 i Funeral Leave I 16 . 1 Regular and probationary employees who are absent from work due to the death of a member of the employee ' s "immediate family" shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to exceed forty ( 40 ) working hours . "Immediate family" as used herein includes only employee ' s spouse , children, grandchildren, brothers , sisters , parents , or grandparents of either spouse or other persons who are living in the employee ' s immediate household. li 16 . 2 Regular employees who are absent from work to attend the funeral of a person other than an immediate family member shall give as much advance notice as possible and shall receive compen- sation at the regular rate of pay for the time necessary to be absent from work, but not to exceed one ( 1 ) regularly scheduled work day per funeral . A maximum of twenty-four ( 24 ) hours may be utilized for this type of leave in a calendar year. ARTICLE 17 I Holidays 17 . 1 Regular and probationary employees , except as otherwise provided herein, shall be entitled to have the following holidays off with pay: ( a) January 1st (b) February 12th, known as "Lincoln Day" ( c) The third Monday in February i ( d) The last Monday in May ( e) July 4th ( f ) The 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 17 ( k) Friday after Thanksgiving ( 1 ) The last four ( 4 ) work hours before Christmas (m) December 25th If any of the foregoing holidays fall on a Sunday, the Monday fol- lowing 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 fall on a Saturday, the preceding Friday shall be observed as the holiday, except by those employees who are reg- ularly scheduled to work on Saturday other than on an overtime basis . Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday. If any of the foregoing holidays fall on any day from Monday through Friday, inclusive, and that day is a regularly scheduled non-workday for an employee, such employee shall be entitled to receive another workday off with pay to be scheduled in the same manner as vacation days are normally scheduled. Notwithstanding the foregoing, an employee may observe the employee ' s birthday holiday on the employee ' s birthday or anytime during the pay period in which the birthday occurs , or the holiday may be deferred and scheduled as vacations are normally scheduled. The holidays known as Lincoln Day, Columbus Day, and Veterans Day shall be scheduled by employees and their supervisors in the same manner 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 the employee ' s holiday pay, be compensated therefor at the overtime rate of pay for all time worked on such days . An employee may, however, at the employee ' s option, elect to observe i 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. 17 . 3 If an employee is in a non-pay status on both workdays immediately adjacent to the holiday, the employee shall not receive pay for the holiday. ARTICLE 18 Vacations 18 . 1 ( a) Regular and probationary employees of the City shall accrue vacations with pay as follows : 18 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 date of employment through the one hundred fourth ( 104th) full pay period of employment . (Accrual rate approximately two ( 2 ) weeks per year up to four ( 4 ) years of service . ) 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 on hundred fourth ( 104th) full pay period through the two hundred thirty-fourth ( 234th) full pay period of employment . (Accrual rate approximately three ( 3 ) weeks per year after four ( 4 ) years of service . ) 18 . 1 (d) At the rate of sixty-eight thousandths ( . 068 ) of an hour for each regular hour worked or on paid leave from the two hundred thirty-fourth ( 234th) full pay period through the three hundred sixty-fourth (364th) full pay period of employment . (Accrual rate approximately three and one-half ( 3-1/2 ) weeks per year after nine ( 9 ) years of service . ) 18 . 1 ( e) At the rate of seventy-seven thousandths ( . 077 ) of an hour for each regular hour worked or on paid leave from the three hundred sixty-fourth ( 364th) full pay period through the four hundred ninety-fourth (494th) full pay period of employment . (Accrual rate approximately four ( 4 ) weeks per year after fourteen ( 14 ) years of service . ) 18 . 1 ( f) At the rate of eighty-seven thousandths ( . 087 ) of an hour for each regular hour worked or on paid leave from the four hundred ninety-fourth ( 494th) full pay period through the six i 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 ( 8) 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 . ) 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 . }g - -1-ft-ea�aY3­3€ -t4}e- f33-st 3 e-�-5�-ea-le-M-iar-years;-emeept-€er the-€rr-at-ea}e,ftdarr-yeas-€a}}ow}rig-t-he.-eptp}eyee La-emp}©yffient--d&te- aft-efp1eYee-who-4ra�-t� a4}-hetirs-oT=1re-s�-off-Pa}d atelt-leave-3a--tore- -veal--ska}}-be-e 3 3ed--t-0- -�S� hctttr-a-o€-1aantta-k-aeatrefr-}tr-a4dr€t5rt-ire-arty-`taea€€aa-a}}ewanee-the emp}ogee-rearti-clam--teras-set-€ertk-rnr-&e-etri-oir -3-8-.-1.--4s-€ha-€eft€h (-}6t-h)- ,_-ems a-r--y�€e44ew-itig-ax-emproyee La-entp-l-oyiaevR_4art-e-and-}1t eaeh-€r€th-ea}eftdarr-yearr-€her-ea€€er,--aft-entp}aYee-whe-13aa-ttsed-exe 19 -dttr-ing-the-f4Ne j�5j-preeeding-eaienelar-pears -to--frot-t�y-J+Oj-he tes ef--baetta--itaC`t1 1OiY-3i°l--ac c h ear- to -the--vareatiert- the etnp�o�ee-3s- errt-i-t3-eel--t��--as--set -}---The-bestis �reeet38ti-as-here in-prev ided-vesha-c3rt44te- 4-it-&t orf-*ec4r--*e$-r-aft w�i3eh--arr-emg1ropee-qualifies--fes-a•-bends- at3exr---An-efapleyee aeelti3-res-tie- to-el-.-e-r-etiy-part-ef-the- tireless sire-i-eFapleyee-werks-in-t-he-ea1-ert&ar i-tr-wh-i-clr+t -i-s­ 18 . 2 ( a) -s-18 2 ( a) Effective May 10 1992 the maximum vacation time which can be accrued by a regular employee is five hundred ( 500 ) hours . 18 . 2 (b) Effective May 12 1991 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 May 10 1992 earned vacation hours in excess of the five hundred ( 500 ) hours maximum will not be accumulated. Between May 12 1991 and May 10 1992 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 . 2 ( c ) It is city policy that employees take their normal vacation each year at such time or times as may be approved by the Department . 18 . 2 ( d) In the event of departmental cancellation of a previously scheduled vacation or of a paid leave of absence due to industrial injury where such employee would exceed the maximum vacation accrual the accumulation of vacation hours may exceed the five hundred ( 500 ) hour maximum In the event of a paid leave of absence due to an illness or injury that is not job related, the Chief of Police may approve the accumulation of vacation hours in excess of the five hundred ( 500 ) hour maximum. whenever such excess accruals occur, the employee shall have one year from the date the vacation was cancelled or from the date the employee returns to work from illness or injury to utilize the excess accrual Any excess accrual that remains at the end of such period shall be forfeited. 18 . 3 Vacation cannot be accrued while an employee is in a non- pay status . 18 . 4 Vacations will be scheduled throughout the calendar year. Employees with greater seniority will be given preference over those with less seniority in the selection of a vacation period; provided, however, that if the senior employee splits the 20 r i employee ' s vacation by requesting less than a full year' s allowance to be scheduled on consecutive workdays , the employee ' s preferential rights shall only apply on one period in that calendar year prior to all other employees being given consideration in the selection of their first choice vacation period. Vacation scheduling shall be completed at the same time as watch sign-ups . 18 . 5 The City shall not require an employee to take the employee ' s vacation in lieu of sick leave or leave of absence on account of illness . 18 . 6 If a holiday which an employee is entitled to have off with pay occurs on a workday during the employee ' s vacation period, such employee will be entitled to an additional day of vacation and will be compensated for same . 18 . 7 Employees whose employment with the City is terminated for any reason shall, at the time of termination, receive any unused vacation period previously earned. 18 . 8 Whenever any employee has accrued one hundred twenty ( 120 ) hours or more vacation allowance as set forth in 18 . 1 ( a-h) , the City will , at the employee ' s option, compensate the employee for up to forty ( 40 ) hours of accumulated vacation during any fis- cal year. Additionally, whenever any employee has accrued two hundred forty ( 240 ) hours or more of vacation allowance as set forth in 18 . 1 ( a-h) , the City will , at the employee ' s option, com- pensate the employee for up to eighty ( 80 ) hours of accumulated vacation during any fiscal year. ARTICLE 19 Uniforms 19 . 1 A uniform allowance of $550 per fiscal year shall be paid during the first pay period in July of each year and is for the purpose of maintenance and replacement of uniforms for the ensuing fiscal year. Effective July 1 , 1990 , the uniform allowance set forth above shall be increased to six hundred dollars ( $600) per fiscal year. The allowance is not a reimbursement for the prior year . The first clothing allowance shall be a prorated amount for that period of time from the employee ' s date of employment to the following July 1 . 19 . 2 The City shall pay the reasonable cost of repair or replacement of uniforms, glasses , watches , or other personal prop- erty up to two hundred dollars ( $200 ) damaged in the course of employment . This provision does not apply to items lost or damaged as a result of negligence of the employee . 21 ARTICLE 20 Miscellaneous 20 . 1 A regular or probationary employee who is summoned for jury duty and is thus unable to perform the employee ' s regular j duties will be paid for the time lost at the employee ' s regular I rate of pay. 20 . 2 Any employee , at the employee ' s request , shall be permitted to review the employee ' s own personnel file . The file may not, however , be removed from the Personnel Office . 20 . 3 An employee who disagrees with the evaluator ' s statements or conclusions with respect to the employee evaluation report shall I 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 an Association representative present . The employee may also attach a written rebuttal to the employee evaluation, providing it is done within thirty days of the employee ' s receipt of the evaluation. 20 . 4 Employee home addresses and telephone numbers will not be released to anyone other than authorized City personnel without the permission of the employee . 20 . 5 A release time bank is hereby established. Association members may voluntarily donate earned leave time to the time bank for use by Association officials while conducting Association business . Donated time will be deducted from the employee ' s earned leave . 20 . 6 The City will provide appropriate self-defense training for Community Service Officers , as determined by the City from time to time . Such self-defense training will not be construed to mean that Community Service Officers will need such training in normal day to day job situations . 20 . 7 Employees will be allowed to engage in political activity only during off-duty hours and while out of uniform. 20 . 8 Whenever disciplinary action of more than five ( 5 ) days suspension without pay is being imposed, all documents supporting such discipline shall be provided to the employee . 20 . 9 Whenever any F13se ��3ay- ae3o - 3-s-�e-i-erg--rim-upon airy--efnpleyee investigation of alleged misconduct is being undertaken, the employee shall be informed of the nature of the activity at the beginning of the meeting; the meeting shall be conducted at a reasonable time during the employee ' s duty hours; the employee shall be informed in advance of the name, rank, and command of the officer imposing the discipline; no more than two 22 2 management representatives shall conduct questioning at the same time, and the employee shall not be subjected to offensive language . 20 10 Reference is made to Exhibit "C" titled Substance Abuse . ' Such substance policy is not subject to the grievance procedure . Any disciplinary action taken however , against an employee as a result of an alleged violation of the substance abuse policy, will be subject to the grievance procedure. 20 . 11 City agrees to begin the meet and confer process no later than January 1 1994 for the current M. O . U. with the term ending May 9 , 1994 . i ARTICLE 21 Employee Benefit Programs 21 . 1 Retirement Plan: All regular and probationary employees { are covered by a State of California Public Employees ' Retirement System program pursuant to an existing contract with the Public Employees ' Retirement System. The major features are : two percent ( 2%) at age sixty ( 60) ; normal retirement age sixty ( 60 ) ; one ( 1 ) year' s compensation in formula; 1959 Survivors Benefit; Post- Retirement Survivors allowance; credit for unused sick leave; and certain military service credit . The City pays the employee ' s full cost of participation in the Public Employees ' Retirement System. 21 . 2 ( a) Group Insurance : All regular employees and all probationary employees are eligible to participate in a group insurance benefit program, effective the first day of the month following employment . The City shall pay the full cost of the program for both employee and dependents . The major elements of the group insurance benefit program are : ( 1 ) Life Insurance : Twice annual salary for employee , $3 , 000 for employee ' s dependents . ( 2 ) Health Benefits : 8100 deductible per person per year except for accidents which shall have none but shall have a maximum benefit of $500 for each accident; 80% payable for first $5 , 000 of eligible charges , except for hospital charges which are 100% payable; 100% thereafter up to one million dollars lifetime limit; professional fees based upon U.C. R. ; normal typical exclusions and limitations . ( 3 ) Dental Benefits; No deductible and 100% of U. C. R. for prevention; no deductible and 50% tip to $1 , 500 per life time per person for orthodontia; S25 deductible and 800 of U.C. R. up to 51 , 500 per person per year for all other eligible charges . 2J • • ( 4 ) Long Term Disability: After three ( 3 ) months 60% of employee ' s salary integrated with all other income bene- fits payable to age 65 . ( 5 ) Vision Benefits : California Vision Service Plan A for employees and dependents entry, which provides for $25 deductible, an eye examination no more than every twelve ( 12 ) months and lenses and frames no more often than each twenty-four ( 24 ) months . The City may if practicable, modify the group insurance program set forth above by adding utilization review and by creating preferred provider organization programs which create financial incentives for the employee to use such preferred provider ser-vices , but do not reduce any current benefit level nor impose any penalty for the employee who chooses not to use a preferred provider ' s services . 21 . 2 (b) The City will pay fifty percent ( 500) of the group medical insurance premium for each retiree and dependents , if any, presently enrolled and for each retiree in the future who goes directly from active status to retirement and continues the group medical insurance without a break in coverage . Payments by the City will be discontinued upon the death of the retiree or upon termination of group medical insurance coverage . The City will not contribute payments on behalf of any retiree except as set forth above . Following the death of a retiree the surviving spouse, if any, may continue the insurance at their own expense until becoming eligible for participation in any other group insurance program. Notwithstanding the foregoing, the City may increase its contribution to the retirees ' group insurance premium or improve Public Employees ' Retirement System benefits during the term of this Memorandum of Understanding. 21 . 2 ( c ) Whenever any employee has treatment for mental or nervous disorders for which there is partial payment under the health benefits provision set forth in 21 . 2 ( a) 2 above, the City will supplement such benefits to one hundred percent ( 100%) payment for up to twelve ( 12 ) visits for treatment provided the employee submits the necessary documentation to support the expense and request for reimbursement to the group health insurance benefit program administrator. ARTICLE 22 Term 22 . 1 This Memorandum of Understanding, having taken effect as of the 26th day of January, 1989 , slir�3�-3ettt�3ti-� r--f-cr13- - gel e€€eet--ttntil-the-f-iist-4ay-o-f-bra-r- ,-1 9-1— shall continue into full force and effect until the eighth day of May, 1994 , and thereafter from year to year unless written notice of change or 24 termination shall be given by either party ninety ( 90 ) days prior to the expiration date above or the expiration date of any year thereafter, except , however, that it shall only become effective with approval of the City Council of City. 22 . 2 Whenever notice is given for changes , the general nature of the changes desired must be specified in 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 . 22 . 3 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. 22 . 4 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 Mem- orandum of Understanding, however, shall remain in full force and effect . 25 1 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the day and year first above written. I CITY OF REDDING PEACE OFFICERS ASSOCIATION OF REDDING ROBERT M. CHRISTOFFERSON CHARLIE TRAVELSTEAD, President City Manager ROBERT P . BLANKENSHIP STEVE ALLEN chief of Police Labor Representative JESSE G. McKINNIE Negotiator Police Lieutenant I JAMES G. BRISTOW Negotiator Director of Personnel Services Approved as to form: RANDALL A. HAYS City Attorney 26 EXHIBIT "A-1" SCHEDULE OF WAGE RATES Effective May 12 , 1991 Step 5 Salary Step Monthly Hourly Pay Rate Ecruivalent 1 2 3 4 5 Community 1 Service Officer $10 . 09 810 . 62 $11 . 18 $11 . 78 $12 . 39 $2147 I Property and Evidence Clerk 10 . 09 10 . 62 11 . 18 11 . 78 12 . 39 2147 EXHIBIT "A-2" SCHEDULE OF WAGE RATES Effective May 10 , 1992 Step 5 Salary Step Monthly Hourly Pay Rate Equivalent 1 2 3 4 5 Community Service Officer $10 . 49 $11 . 04 $11 . 63 $12 . 25 512 . 89 $2 , 234 Property and Evidence Clerk 10 . 49 11 . 04 11 . 63 12 . 25 12 . 89 2 , 234 EXHIBIT "A-3" SCHEDULE OF WAGE RATES Effective May 9 , 1993 I Step 5 Salary Step Monthly Hourly Pay Rate Ecruivalent 1 2 3 4 5 Community Service Officer $11 . 01 511 . 60 $12 . 21 $12 . 86 $13 . 53 $2 , 345 Property and Evidence Clerk 11 . 01 11 . 60 12 . 21 12 . 86 13 . 53 2 , 345 EXHIBIT "B" Job Definitions COMMUNITY SERVICE OFFICER An employee who is engaged in performing a wide variety of routine non-hazardous , non-sworn law enforcement duties . The employee may be required to drive a vehicle and must possess the appropriate State of California drivers license . The employee ' s background of training and education must be such as to qualify the employee to perform the duties with skill , efficiency, safety, tact, and diplomacy. PROPERTY AND EVIDENCE CLERK An employee who is engaged in the receipt, control , preservation, and disposition of all evidence and property in custody of the Police Department, and the maintenance of all records related thereto . The employee will also operate and maintain all equipment in the photo lab, including the development and processing of black and white film. The employee ' s duties include, but are not limited to ascertaining the proper storage in order to preserve evidentiary integrity of the property, assigning storage locations , maintaining computerized record-keeping systems of all evidence and property, assuring a continual chain of evidence , and facilitating trans- portation of property and evidence for analysis and courtroom tes- timony; disposition of property, auction of weapons , miscellaneous property and bicycles; destruction of weapons , narcotics and dan- gerous drugs , maintenance of property in asset seizure accounts , and exercising control of canine drug training aids . The employee must be aware and knowledgeable of the law and City rules and regulations relative to the employee ' s duties . The employee will function as a liaison with other governmental agencies as well as citizens , and must possess clerical , routine typing ( 45 wpm) , bookkeeping, and data entry skills . The employee ' s background of training and experience shall be such as to qualify the employee to perform the duties with skill , efficiency, tact, and diplomacy. i EXHIBIT "C" SUBSTANCE ABUSE POLICY I . Purpose This special Order defines Departmental policies and procedures for the management of substance abuse by its employees . II . Policy Police Department employees represent the City to the general public in highly visible and often stressful situations . As a result, we must make critical decisions that effect both public i safety and the safety of our fellow employees . Because our role is so crucial to the general welfare of the community, we are held to a higher standard of scrutiny and conduct . This is particularly important in the abuse of alcohol or drugs . Consequently, we cannot tolerate substance abuse by members of this Department . III . Application of Policy This policy shall apply to all employees of the Police Department and all applicants for positions within the agency. It will apply to use of alcohol and to all substances , drugs or medications , legal or illegal which would impair an employee ' s ability to effectively perform the functions of his/her job . IV. Employee Responsibility Police Department employees are expected to : A. Report to duty able to perform their duties . B . Be able to continue to perform these duties during the entire course of their tour of duty. C. Notify their supervisor when taking potentially disabling substances or medication . D . Provide a prescription for medication within 24 hours of request . E . Report substance abuse cases immediately to their supervisor when employees have a reasonable basis to believe that 1 another employee is using illegal substances , drugs , narcotics or misuse of alcohol . F . Abide by State law regarding alcohol and drug use . V. Management Responsibilities Police Department managers and supervisors are expected to: A. When reasonable suspicion exists that an employee is under the influence of drugs and alcohol , the employee shall be directed to undergo a test as provided by section VI , 2 of this order . B. Should discipline be required, it will be applied in a fair, reasonable and appropriate manner, consistent with the elements of the individual case . C . Refer employees for counseling when appropriate . D . Monitor employees on remedial programs . VI . Procedures A. Testing i 1 . Pre-employment Applicants Police Department pre-employment applicants shall be routinely tested for drug or narcotic usage as a part of their pre-employment medical examination. The testing procedure and safeguards set forth in this order shall be followed by the examining physician and others involved in the testing procedure . a . Refusal to take the test , or test results reporting a presence of illegal drugs or narcotics , or the use of non-prescription drugs shall be the basis of discontinuing an applicant in the selection process . Any use or possession that constitutes a felony shall preclude any further consideration for employment . b . Applicants found to be involved in the illegal sale , manufacture or distribution of any narcotic/drug will be permanently rejected. C . Applicants demonstrating addiction to any narcotic/drug will be permanently rejected. d. Improper use of any narcotic/drug by an applicant after application will be grounds for permanent rejection. 2 I i e . The results of drug tests on applicants for all employees shall be kept confidential . 2 . Current Employees of the Department a . Reasonable Suspicion : At his or her discretion, a manager or supervisor may require the testing of an employee where reasonable suspicion of substance abuse exists . For example, any of the following, alone or in combination, may constitute reasonable suspicion: Slurred speech Alcohol on breath Inability to walk a straight line Aberrant behavior observation of drugs and/or alcohol High absenteeism Excessive vehicle accidents b . Administrative Investigations : When conducting specialized administrative investigations , supervisors should consider sending the involved employee for drug or alcohol testing, if appropriate . Some examples may be : An accident involving City property Where there is on duty injury to the employee or another person where deadly force is used, allegations of excessive force , or other critical incidents Where allegations involve the use, sales or possession of narcotics or drugs . B . Testing Process The testing or processing phase shall consist of a two-step procedure in compliance with NIDA standards as they exist or may be changed in the future . 1 . Initial Step: The initial test shall consist of a urine test . An initial positive report should not be considered positive; rather it should be classified as confirmation pending. 3 II 2 . Confirmation Step: The confirmation test should be a MS/GS procedure in compliance with NIDA standards . Notification of test results to the supervisor or internal affairs investigator will be held until the confirmation test results are obtained. In those cases where the second test confirms the presence of drug or drugs in the sample, the sample will be retained for a minimum of six ( 6 ) months to allow further testing in case of dispute . Employees who have participated in a drug test, where no drugs were found, shall receive a letter stating that no illegal drugs were found. If the employee requests such, a copy of the letter will be placed in employee ' s personnel file . 3 . Testing standards : The City' s testing facility will conform to NIDA (National Institute of Drug Abuse) standards . 4 . In the event that an employee is ordered to submit to a substance test the employee shall be given an order in writing setting forth the reasons therefore and signed by the Chief of Police, a Police Captain, or a Watch Commander. If circumstance so necessitate , such written order may be issued as soon as is practicable, after a verbal order is given for the test . VII . Investigative Procedures A. Nor:-Sworn Personnel Investigations involving non-sworn personnel shall be guided by Department/City Policies where appropriate. B . Refusal to Submit to Testing Failure to submit to a substance abuse test when directed by a supervisor shall be considered an act of insubordination which may lead to disciplinary action. C . Administrative Searches All property belonging to the Department is subject to inspection at any time without notice as there is no expectation of privacy. 1 . Property includes , but is not limited to, police-owned vehicles , desks , containers , files and storage lockers . 4 2 . Employees ' assigned equipment and lockers ( that are locked by the employee) are also subject to inspection by the employee ' s supervisor after reasonable advance notice in the presence of the employee . 3 . Control of Evidence : Any contraband found as the result of either an administrative or criminal search will be handled in accordance with General Orders P-01 and P-02 . 4 . Chain of Evidence-Storage: Each step in the collecting and processing of the urine specimens shall be documented to establish procedural integrity and the chain of evidence. D . Confidentiality Test results ordered by the City and rehabilitation documentation will be treated as confidential , however various City officials such as the City Manager or Police Chief may have access to these reports . VIII . Effective Date This special Order shall be effective May 12 , 1991 . 5